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, WEDNESDAY, JULY 18, 2001 No. 100 House of Representatives The House met at 10 a.m. and was the name of Jesus Christ our Lord. with amendment in which the concur- called to order by the Speaker pro tem- Amen. rence of the House is requested, a bill pore (Mr. LAHOOD). f of the House of the following title: f H.R. 333. An act to amend title 11, United THE JOURNAL States Code, and for other purposes. DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. The The message also announced that the PRO TEMPORE Chair has examined the Journal of the Senate insists upon its amendment to The SPEAKER pro tempore laid be- last day’s proceedings and announces the bill (H.R. 333) ‘‘An Act to amend fore the House the following commu- to the House his approval thereof. title 11, United States Code, and for nication from the Speaker: Pursuant to clause 1, rule I, the Jour- other purposes,’’ requests a conference WASHINGTON, DC, nal stands approved. with the House on the disagreeing July 18, 2001. Mr. MCNULTY. Mr. Speaker, pursu- votes of the two Houses thereon, and I hereby appoint the Honorable RAY ant to clause 1, rule I, I demand a vote appoints: Mr. LEAHY, Mr. KENNEDY, Mr. LAHOOD to act as Speaker pro tempore on on agreeing to the Speaker’s approval BIDEN, Mr. KOHL, Mr. FEINGOLD, Mr. this day. of the Journal. SCHUMER, Mr. DURBIN, Mr. HATCH, Mr. J. DENNIS HASTERT, The SPEAKER pro tempore. The Speaker of the House of Representatives. GRASSLEY, Mr. KYL, Mr. DEWINE, Mr. question is on the Speaker’s approval SESSIONS, and Mr. MCCONNELL, to be f of the Journal. the conferees on the part of the Senate. PRAYER The question was taken; and the Speaker pro tempore announced that f The Reverend H. Warren Casiday, the ayes appeared to have it. Emanuel Reformed United Church of Mr. MCNULTY. Mr. Speaker, I object ANNOUNCEMENT BY THE SPEAKER Christ, Thomasville, North Carolina, to the vote on the ground that a PRO TEMPORE offered the following prayer: quorum is not present and make the The SPEAKER pro tempore. The May we join in prayer, please. O point of order that a quorum is not Chair announces there will be 10 1-min- Lord, Our Lord, how majestic is Your present. utes per side, beginning with the gen- Name in all the Earth. We pause at this The SPEAKER pro tempore. Pursu- tleman from North Carolina (Mr. moment to turn our hearts and minds ant to clause 8, rule XX, further pro- COBLE), the sponsor of the guest chap- toward You. ceedings on this question will be post- lain today. God, You have called each of these poned. fine men and women to the respective The point of no quorum is considered f positions in this great House to serve withdrawn. You, to serve their constituents, to WELCOME TO GUEST CHAPLAIN, f serve each citizen of our great country. THE REVEREND H. WARREN Bless each Representative as they re- PLEDGE OF ALLEGIANCE CASIDAY spond to Your call. The SPEAKER pro tempore. Will the (Mr. COBLE asked and was given per- Grant each of them wisdom as they gentleman from Ohio (Mr. KUCINICH) mission to address the House for 1 seek to understand what is both right come forward and lead the House in the minute and to revise and extend his re- and necessary for America at this time. Pledge of Allegiance. marks.) Grant that they may have the courage Mr. KUCINICH led the Pledge of Alle- Mr. COBLE. Mr. Speaker, Thomas- to reach the decisions that will be con- giance as follows: ville, North Carolina, is known as the sistent with Your desires for our Na- I pledge allegiance to the Flag of the chair capital of the world. It is also the tion. Grant each Representative the United States of America, and to the Repub- home of the Emanuel Reformed United peace that comes with the knowledge lic for which it stands, one nation under God, Church of Christ, where our guest that they have attempted to do Your indivisible, with liberty and justice for all. Chaplain today has served for the past will for our country. May You continue f 7 years. We are pleased to have Warren, to bless this great Nation of ours his wife, Marie, and son, Jason, with us through the faithful service of each MESSAGE FROM THE SENATE today. Member of this distinguished House. A message from the Senate by Mr. Mr. Speaker, I visited the Emanuel By Your grace, may each of these re- Lundregan, one of its clerks, an- Church many months ago for a dinner quests be granted. I offer this prayer in nounced that the Senate has passed on the grounds, and on that day some

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.

H4117

.

VerDate 11-MAY-2000 04:51 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.000 pfrm01 PsN: H18PT1 H4118 CONGRESSIONAL RECORD — HOUSE July 18, 2001 of the parishioners expressed interest arms, nuclear disarmament, and gen- I yield back the need to pass the Tau- in having their pastor to serve as our erally and complete disarmament. On zin-Traficant 15 percent flat retail guest Chaplain and here he is today. May 26, 1972, the two great powers sales tax, abolish the income tax, and Reverend Casiday received his divin- agreed we would get rid of nuclear abolish these nincompoops at the IRS. ity degree from the Duke University weapons; yet in the last week we have f School of Divinity in Durham; and had the administration have its first Warren presently serves, Mr. Speaker, test of its missile shield, and now they ANNOUNCEMENT BY THE SPEAKER as the president of the Thomasville are talking about the weaponization of PRO TEMPORE Ministerial Association and the Chair space. The SPEAKER pro tempore. The City Toastmasters in Thomasville. We began our session today with a Chair will remind all persons in the Warren said to me, Mr. Speaker, just prayer, and the prayer should continue gallery that they are here as guests of a few moments ago, ‘‘I am a follower of to be, Thy will be done on earth as it is the House, and that any manifestation Christ and I am humbled and honored in heaven. And I do not think it is the of approval or disapproval of pro- to be the guest Chaplain today.’’ I say will of the divine to end this world in ceedings, or other audible conversa- to him, Warren, we are honored and a nuclear conflagration. We should tion, is in violation of the rules of the privileged to have you and your family work towards the elimination of all nu- House. and your congregation in Thomasville clear weapons, and we should work for back home watching. an end to policies which cause this f f country to move towards the PRESIDENT BUSH’S BALANCED weaponization of space. ENERGY PLAN WE NEED TO UTILIZE NATURAL GAS RESOURCES f (Mr. SAM JOHNSON of Texas asked (Mr. GIBBONS asked and was given THE JERUSALEM PLEDGE and was given permission to address the House for 1 minute and to revise permission to address the House for 1 (Ms. ROS-LEHTINEN asked and was and extend his remarks.) minute and to revise and extend his re- given permission to address the House Mr. SAM JOHNSON of Texas. Mr. marks.) for 1 minute and to revise and extend Speaker, for 8 long years, America has Mr. GIBBONS. Mr. Speaker, every- her remarks.) ignored energy. There was no energy body here and everybody in America Ms. ROS-LEHTINEN. Mr. Speaker, policy at all under a Democrat admin- actually knows we are facing an energy Israel has sought a just and lasting istration. So I applaud President Bush shortage; but I ask today, what are we peace for its people, who like people all for his courage to put forth a balanced doing about it? around the world, only want to raise energy plan. Our demand for oil and gas contin- their families and go about their busi- The White House plan conserves en- ually rises, and we seem to diminish ness in peace and harmony. our supply of these natural resources Last year, Israel offered the most ergy, protects the environment, and in- at the same time. In times of crisis we comprehensive concessions to bring a creases production. It is time to end have actually drawn from our fuel re- permanent peace to the Middle East. our almost total dependence on foreign serves, but we always fail to replenish Instead of acceptance, the Palestinian oil. As my colleagues know, almost them. Right now the demand for gas is answer has been to set off a campaign over 50 percent of our oil comes from outstripping our demand for oil. By of terror against Israel. other countries. Not only is that a 2020, we will consume 62 percent more Sixty years ago, European Jews threat to our national security, but it natural gas than we do today. stood alone and the world pledged this affects our energy prices. But while our demand grows, our pro- would never happen again. I, along Just look at California. Since Cali- duction slows. We need to act now; but with many others, have taken The Je- fornia’s Gray Davis failed to enact a we cannot, because 40 percent of our rusalem Pledge being spearheaded by plan that encouraged production, they natural gas sits under sagebrush pro- the Simon Wiesenthal Center for a are facing blackouts, high prices, and tected by Federal regulations. World Conference on Solidarity with an uncertain future. Support the Presi- Mr. Speaker, Americans are paying Israel. This conference summons Jews dent’s energy plan. The time is now. It 20 percent more for natural gas than and friends from all over the world to is right for America. they did a year ago. What do we tell Jerusalem to stand together in a show f these people? We need to tell them that of support. SEND ENERGY BILLS TO THE we can and will correct this energy I have already planned a trip to NAVY problem responsibly and quickly by Israel to reaffirm my longstanding sup- passing the Energy Security Act pro- port during its time of need. Because (Mr. FILNER asked and was given posed by the chairman of the Com- terror will not succeed against soli- permission to address the House for 1 mittee on Resources, the gentleman darity. minute and to revise and extend his re- from Utah (Mr. HANSEN). f marks.) Mr. Speaker, I encourage my col- Mr. FILNER. Well, now we do know ABOLISH THE IRS leagues to support this important and what the administration’s energy plan necessary piece of legislation. (Mr. TRAFICANT asked and was is, Mr. Speaker. When my constituents’ f given permission to address the House bills doubled and tripled in the last for 1 minute and to revise and extend year, we asked for Federal help to stop U.S. NEEDS POLICIES TO END his remarks.) the price gouging and refund those NUCLEAR WEAPONS Mr. TRAFICANT. The IRS said last criminal overcharges, but the adminis- (Mr. KUCINICH asked and was given year’s 81 percent error rate dropped to tration turned a deaf ear. But yester- permission to address the House for 1 only 73 percent this past year. Unbe- day, when the Vice President’s bill was minute and to revise and extend his re- lievable. The Internal Rectal Service found to be doubled or almost tripled marks.) screws up 73 percent of the time and to $186,000, what did he do? He said the Mr. KUCINICH. Mr. Speaker, the then brags about it. Navy is going to bail me out. I do not news from the administration yester- If that is not enough to cause your have to conserve. I do not have to day is that there is an intention to 1040 to crepitate, IRS agents gave the worry about energy policy; the Navy weaponize space, to deploy space-based wrong advice to taxpayers only 50 per- will pay my $186,000. missile defenses, which would be a cent of the time last year, according to So I am asking all my constituents clear violation of the 1972 ABM Treaty. an investigation. and people all around the country to In 1972, the Russians and the United Beam me up. The IRS does not need send their utility bills, which have dou- States signed an agreement which pro- more workers; the IRS does not need bled or tripled, to the Navy, care of the vided for the cessation of the nuclear more money. These stumbling, fum- Vice President. That seems to be what arms race and to take effective meas- bling, bumbling mistake-prone nincom- the energy policy is of this Nation. ures towards reductions in strategic poops have got to go. Have the Navy pay our utility bills.

VerDate 11-MAY-2000 04:51 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.003 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4119 That is better than any energy policy several weeks from these same employ- Mr. BALLENGER. Mr. Speaker, that can serve this Nation. ers. headlines earlier this month credited So send all electricity bills to the Mr. Speaker, the goal of a Patients’ widespread consumer conservation Navy, care of the Vice President; and Bill of Rights legislation is to do two with the recent drop in gasoline prices. maybe they will listen to what we are things: number one, reduce the ranks Those headlines told all of us how demanding for America. of the uninsured; and, number two, in- much power we really had to reduce f crease access to health care coverage. the energy demand through conserva- STEM CELL RESEARCH Unlimited lawsuits will accomplish tion. precisely the opposite. They will drive The Republican energy package in- (Mr. PITTS asked and was given per- up costs and increase the number of mission to address the House for 1 troduced next month will include in- people without health care insurance. centives to encourage conservation minute and to revise and extend his re- Mr. Speaker, please join me in sup- wherever possible. Conservation is a marks.) porting this bill. cornerstone of our energy policy and Mr. PITTS. Mr. Speaker, last week f we said that we should fund adult stem will be a dominant part of our energy LONG-TERM SOLUTIONS NEEDED cell research and we should fund it gen- package. We are committed to helping FOR KLAMATH BASIN erously. For diseases like Alzheimer’s, this Nation meet its growing energy Parkinson’s, diabetes, or serious ill- (Mr. THOMPSON of California asked needs. We will implement a pragmatic nesses that have no cures, at least not and was given permission to address and diverse energy policy that includes yet, stem cell research holds a lot of the House for 1 minute and to revise greater production of diverse energy promise. But we should be doing eth- and extend his remarks.) supplies. But that package will place ical stem cell research, and that means Mr. THOMPSON of California. Mr. an equal reliance on bold and visionary not using stem cells from human em- Speaker, I rise today to talk briefly conservation measures. It will include bryos. Adult umbilical and placental about a problem, a serious problem, af- incentives that encourage research stem cell research holds a great deal of fecting the Klamath Basin in Cali- into energy efficiency no one has yet promise, but killing human embryos is fornia and Oregon. The Klamath River dreamed of. was once the third largest producer of wrong. Congress and the White House are commercially fished salmon and Look at this picture of Mark and committed to a national energy policy steelhead in the United States of Luke Borden. These brothers were fro- founded on conservation, research and America. Today, the river’s coho salm- zen human embryos soon after they the prudent increase in energy produc- on are listed under the Endangered were conceived. Some scientists may tion. Together, these initiatives will Species Act, and other fish stocks are have liked to have taken them as em- help us meet our energy needs through bryos and destroyed them so they in terrible shape. Since 1905, 80 percent of the Basin’s the coming century. could harvest the stem cells, but the wetlands have been lost to agriculture. Borden family adopted them instead. f As human embryos, these little boys While this has been good for agri- were implanted in the womb of their culture, it has come at a tremendous cost. Since that time, we have seen TIME IS LONG OVERDUE TO PASS adopted mother where they matured A PATIENTS’ BILL OF RIGHTS into babies and were born just like any massive decline in wildlife. The re- other children. Now they are happy and gion’s Native American tribes have suf- (Ms. DELAURO asked and was given healthy growing boys. Mark and Luke fered as a result and so have commer- permission to address the House for 1 Borden have the same right to live as cial and sport fishing industries and so minute and to revise and extend her re- any other children. No one doubts that have waterlife and waterfowl and those marks.) who rely on healthy stocks of the now. We should not have doubted it Ms. DELAURO. Mr. Speaker, the when they were human embryos either. aforementioned. The commercial fishing industry that time is long overdue to pass a Patients’ f relied on the region for livelihood have Bill of Rights that puts medical deci- SUPPORT FOR PATIENTS’ BILL OF suffered tremendously all up and down sions back in the hands of doctors and RIGHTS the California and Oregon coast. The patients. It is time to put the public’s (Mr. OSBORNE asked and was given region is still an important wetland interest ahead of special interests. permission to address the House for 1 habitat for the world’s largest con- We have a bipartisan piece of legisla- minute and to revise and extend his re- centration of bald eagles and migra- tion. Ganske-Norwood-Dingell ensures marks.) tory birds along and throughout the that medical decisions come before Mr. OSBORNE. Mr. Speaker, I rise Pacific Flyway. business decisions. It gives every today to voice my support for the pa- Mr. Speaker, we have to work to- American the right to choose their own tient’s bill of rights sponsored by my gether in a bipartisan manner using doctor, covers all Americans with em- colleague, the gentleman from Ken- the best possible science. ployer-based health insurance, insures tucky (Mr. FLETCHER). The problems in the Klamath Basin are not that all external reviews of medical de- In evaluating the two bills providing about the Endangered Species Act. cisions are conducted by independent, for patient protections before us, I had The problems are not about farmers vs. qualified physicians and not HMO bu- to ask myself which of these bills will wildlife. reaucrats. We should not derrivate the Endangered improve health care without creating a Species Act. Mr. Speaker, it is a bipartisan bill crisis. According to the Census Bureau Instead we should work with the best avail- which has broad public support en- 2000 current population report, in my able science to find a solution to protect our dorsed by the American Medical Asso- home State of Nebraska, 179,000 people remaining wildlife and at the same time protect ciation and the American Nurses Asso- are currently without health insur- the economic viability of the region. ciation. It is in stark contrast to the ance. The bottom line is that we have over prom- bill that the House Republican leader- b 1015 ised our water in that region. ship has offered. That bill is an indus- Mr. Speaker, the last thing I want is We need to work together on a bipartisan try-written bill that is designed to for this body to pass legislation that basis, with the farmers, tribes, fishermen and stall and kill a real Patients’ Bill of will significantly inflate the number of local communities to form a long-term solution Rights. It does not give Americans the uninsured. I have received many letters for the Klamath region. right to choose their doctor. It allows and phone calls from small business f the HMO to choose the independent re- employers in my district asking for NATIONAL ENERGY POLICY viewer. That is like asking the fox to leave from the high cost of providing FOUNDED ON CONSERVATION guard the chicken coop. insurance to their employees. Many AND RESEARCH Mr. Speaker, Congress needs to pass employers in my district are facing (Mr. BALLENGER asked and was the Ganske-Norwood-Dingell bill now. double-digit increases in health care given permission to address the House It provides sound, responsible managed costs this year. The number of phone for 1 minute and to revise and extend care reforms and meaningful patient calls and letters has tripled in the last his remarks.) procedures.

VerDate 11-MAY-2000 04:51 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.006 pfrm01 PsN: H18PT1 H4120 CONGRESSIONAL RECORD — HOUSE July 18, 2001 HELP NEEDED FOR PATIENTS, Mr. Speaker, please join me in co- Mr. MCNULTY. Mr. Speaker, I object NOT TRIAL LAWYERS sponsoring the American Farmland to the vote on the ground that a (Mr. HAYWORTH asked and was Stewardship Act. quorum is not present and make the given permission to address the House f point of order that a quorum is not present. for 1 minute and to revise and extend ENERGY SECURITY ACT his remarks.) The SPEAKER pro tempore. Evi- (Mr. REHBERG asked and was given dently a quorum is not present. Mr. HAYWORTH. Mr. Speaker, we permission to address the House for 1 The Sergeant at Arms will notify ab- will have a decision in the days to minute and to revise and extend his re- sent Members. come. Do we opt for a genuine Pa- marks.) tients’ Bill of Rights, or do we instead Mr. REHBERG. Mr. Speaker, we are The vote was taken by electronic de- follow the siren song of the trial law- facing an energy shortage. While our vice, and there were—yeas 372, nays 47, yer’s right to bill. Make no mistake, demand is continually growing, our answered ‘‘present’’ 1, not voting 13, as when Americans are sick, they do not production is slowing. Take natural follows: want to deal with Washington bureau- gas as an example. Our demand for nat- [Roll No. 236] crats or with insurance company bu- ural gas is actually outstripping our YEAS—372 reaucrats. They want help from med- demand for oil. By 2020, we will con- Abercrombie Davis (FL) Horn ical professionals. sume 62 percent more natural gas than Ackerman Davis (IL) Hostettler Mr. Speaker, the choice is simple. we do today. We need to act respon- Akin Davis, Jo Ann Houghton Are we going to allow patients seeking sibly, and we need to act quickly. We Allen Davis, Tom Hoyer relief to end up in court or to be treat- Andrews Deal Hulshof need to open some of our public lands Armey DeGette Hunter ed in a clinic? By the way, do we want to exploration for natural gas, and we Baca Delahunt Hyde to destroy health insurance as we know need to build pipelines to deliver it. Bachus DeLauro Inslee it? That may be the very serious unin- Passing the legislation proposed by Baird DeLay Isakson Baker DeMint Israel tended consequence of people who the gentleman from Utah (Mr. HAN- Baldacci Deutsch Issa mean well but seem to put their faith SEN), chairman of the Committee on Baldwin Diaz-Balart Jackson (IL) in healing more in trial lawyers than Resources, last night was a step for- Ballenger Dicks Jackson-Lee they do in physicians. Barcia Dingell (TX) ward in the right direction. Barr Doggett Jefferson Mr. Speaker, it is incumbent upon f Barrett Dooley Jenkins this House to pass a bill that is a help Bartlett Doolittle John to patients, rather than a boom to the COMMUNITY SOLUTIONS ACT Barton Doyle Johnson (CT) (Mr. PENCE asked and was given per- Bass Dreier Johnson (IL) trial lawyer’s lobby. Let us opt for the Becerra Duncan Johnson, Sam plan of the gentleman from Kentucky mission to address the House for 1 Bentsen Dunn Jones (NC) (Mr. FLETCHER) to truly help patients minute and to revise and extend his re- Bereuter Edwards Kanjorski rather than trial lawyers. marks.) Berkley Ehlers Kaptur Mr. PENCE. Mr. Speaker, I come to Berman Ehrlich Keller f Berry Emerson Kelly the well this morning in strong support Biggert Engel Kennedy (RI) AMERICAN FARMLAND of the Community Solutions Act that Bilirakis Eshoo Kerns STEWARDSHIP ACT we will consider shortly today. As our Bishop Etheridge Kildee President said just last week, we in Blagojevich Evans Kilpatrick (Mr. PUTNAM asked and was given Blumenauer Everett Kind (WI) permission to address the House for 1 Washington cannot make Americans Blunt Farr King (NY) Boehlert Fattah Kingston minute and to revise and extend his re- love their neighbors, but we can make resources available to those who have a Boehner Ferguson Kirk marks.) Bonilla Flake Kleczka Mr. PUTNAM. Mr. Speaker, I rise heart for service, but not a wallet. For Bonior Fletcher Knollenberg too long official Washington has used Bono Foley Kolbe today to introduce important legisla- Boswell Forbes LaFalce tion to assist American farmers and strict legalism as their excuse for walking by on the other side of the Boucher Ford LaHood ranchers in achieving valuable con- Boyd Frank Lampson servation goals in the protection of our road, denying recognition and assist- Brady (TX) Frelinghuysen Langevin Brown (FL) Frost Lantos natural resources. ance to the faith-based institutions who have been making a profound dif- Brown (OH) Gallegly Largent Today’s farmers and ranchers are fac- Brown (SC) Ganske Larson (CT) ing increasing challenges in protecting ference in the communities we serve Bryant Gekas Latham environmentally sensitive lands while for over 100 years. Burr Gephardt LaTourette Mr. Speaker, the Community Solu- Burton Gilchrest Leach ensuring an abundant, safe food supply. tions Act will bring this era of dis- Buyer Gillmor Lee Greater access to conservation pro- Callahan Gilman Levin crimination to an end. It will empower grams must be a part of our agricul- Calvert Gonzalez Lewis (CA) Americans and institutions of faith by Camp Goode Lewis (GA) tural policy. increasing charitable giving through Cannon Goodlatte Lewis (KY) For this reason, Mr. Speaker, I am Cantor Gordon Linder tax deductions, expanding charitable introducing the American Farmland Capito Graham Lipinski choice to allow religious organizations Stewardship Act of 2001 which will help Capps Granger Lofgren funds on an equal footing with non-re- Cardin Graves Lowey foster responsible care and stewardship ligious institutions and other reforms. Carson (IN) Green (TX) Lucas (KY) of our natural resources by agricul- Mr. Speaker, I strongly urge my col- Carson (OK) Green (WI) Lucas (OK) tural producers. The Act provides in- Castle Greenwood Luther leagues to vote for H.R. 7 and let a new Chabot Grucci Maloney (NY) centive-based initiatives aimed at as- era of cooperation between public and Chambliss Hall (OH) Manzullo sisting farmers in meeting environ- private organizations that battle pov- Clay Hall (TX) Markey Clayton Hansen Mascara mental requirements and the protec- erty and social maladies to begin. tion of endangered habitat, wetlands, Clement Harman Matheson f Clyburn Hart Matsui improved water quality and water ac- Coble Hastings (FL) McCarthy (MO) cess, treatment of discharge, deter- THE JOURNAL Collins Hastings (WA) McCarthy (NY) rence of invasive species and other im- Combest Hayes McCollum The SPEAKER pro tempore (Mr. Condit Hayworth McCrery portant environmental challenges. LAHOOD). Pursuant to clause 8, rule Conyers Herger McHugh The American Farmland Stewardship XX, the pending business is the ques- Cooksey Hill McInnis Act will ensure greater protection of tion of the Speaker’s approval of the Cox Hinchey McIntyre Coyne Hinojosa McKeon natural resources by providing eco- Journal of the last day’s proceedings. Cramer Hobson McKinney nomic assistance to agricultural pro- The question is on the Speaker’s ap- Crenshaw Hoeffel Meehan ducers to improve and protect natural proval of the Journal. Crowley Hoekstra Meek (FL) resources and assist farmers and ranch- The question was taken; and the Cubin Holden Meeks (NY) Cummings Holt Mica ers in staying competitive in the world Speaker pro tempore announced that Cunningham Honda Millender- market. the ayes appeared to have it. Davis (CA) Hooley McDonald

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.008 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4121 Miller (FL) Reyes Snyder ate amendment thereto, disagree to the We differ from our colleagues in the Miller, Gary Reynolds Solis Miller, George Rivers Souder Senate amendment, and agree to the Senate on the issue of targeting re- Mink Rodriguez Spratt conference asked by the Senate. sources to our most disadvantaged stu- Mollohan Roemer Stark The SPEAKER pro tempore (Mr. dents, a goal that I think the House Moore Rogers (KY) Stearns LAHOOD). The gentleman from Ohio version embraces. We do believe that Moran (VA) Rogers (MI) Stenholm OEHNER Morella Rohrabacher Stump (Mr. B ) is recognized for 1 hour. Federal education resources should be Nadler Ros-Lehtinen Sununu Mr. BOEHNER. Mr. Speaker, I yield targeted to helping the most disadvan- Napolitano Ross Sweeney 30 minutes to the gentleman from Cali- taged of our students and helping them Neal Rothman Tanner fornia (Mr. GEORGE MILLER), for him to to learn to read, to learn English, and Nethercutt Roukema Tauscher control under this debate. Ney Roybal-Allard Tauzin to learn math skills. Accordingly, we Northup Royce Taylor (NC) Mr. Speaker, I yield myself such time passed a bill that focuses funds toward Norwood Rush Terry as I may consume. our poorest students, streamlines bu- Nussle Ryan (WI) Thomas Mr. Speaker, the Federal Govern- reaucracy and refocuses Federal edu- Obey Ryun (KS) Thornberry ment has been involved in education Olver Sanchez Thune cation dollars towards students who policy since 1965. Thirty-six years later Ortiz Sanders Thurman need help the most. Osborne Sandlin Tiberi we are finally getting serious about de- The Senate bill, by contrast, actually Ose Sawyer Tierney manding results for our Nation’s chil- expands the overall number of pro- Otter Saxton Toomey dren. Owens Scarborough Towns grams significantly. It creates many As the Chicago Tribune noted re- Pascrell Schakowsky Traficant more new programs than does the cently, ‘‘Congress has spent the last Pastor Schiff Turner House bill, and the overall number of Paul Schrock Upton four decades appropriating massive Payne Sensenbrenner Velazquez amounts of money to try to even out programs is significantly higher. Ac- Pelosi Serrano Vitter the educational experiences that dis- cording to the Congressional Research Pence Sessions Walden Service, there are 55 currently funded Peterson (PA) Shadegg Walsh advantaged children receive compared Petri Shaw Watkins (OK) to their more fortunate peers. And in elementary and secondary education Phelps Shays Watson (CA) programs, and the Senate bill would in- Pickering Sherman Watt (NC) return for that long-term multi-billion dollar investment, we have gotten crease that number to 89. Pitts Sherwood Watts (OK) Many new programs added by the Platts Shimkus Waxman more disappointment. Most states Senate may have merit. But the more Pomeroy Shows Weiner show continuing gaps in achievement Portman Shuster Weldon (FL) programs we create, the harder it be- between poor and middle-class kids, Price (NC) Simmons Weldon (PA) comes to target Federal resources to Pryce (OH) Simpson Wexler and between white and minority stu- the very students that we are trying to Putnam Skeen Whitfield dents. Meanwhile, our students have Quinn Skelton Wilson help. The more programs we add, the fallen behind those of other countries.’’ Radanovich Slaughter Wolf more we force disadvantaged students Rahall Smith (MI) Woolsey Washington finally seems ready to Rangel Smith (NJ) Wynn put an end to this era of lost oppor- to compete for available funds. Regula Smith (TX) Young (FL) tunity, thanks to President Bush and The fact of the matter is that these Rehberg Smith (WA) reform-minded legislators on both students already have enough to com- NAYS—47 sides of the political aisle. pete against. Life’s circumstances are Aderholt Kennedy (MN) Scott The No Child Left Behind Act, H.R. 1, competition enough for most of them. Borski Kucinich Strickland passed this House on May 23 by a vote They should not have to compete for Brady (PA) Larsen (WA) Stupak of 384 to 45, and reflects each of the the opportunity to learn to read, to Capuano LoBiondo Taylor (MS) learn English, or to learn to add and Costello McDermott Thompson (CA) four pillars of President Bush’s edu- DeFazio McGovern Thompson (MS) cation reform plan: accountability and subtract and multiply. English McNulty Tiahrt testing, flexibility and local control, There are other areas where we are Filner Menendez Udall (CO) funding for what works, and expanded going to need to address issues as well: Fossella Moran (KS) Udall (NM) We must assist on real account- Gutierrez Oberstar Visclosky parental options. Gutknecht Pallone Wamp H.R. 1 embodies President Bush’s vi- ability. Parents should be empowered Hefley Peterson (MN) Waters sion for education in America. That vi- with data, and States should be re- Hilleary Pombo Weller quired to demonstrate that they are Hilliard Ramstad Wicker sion says a number of important Johnson, E. B. Sabo Wu things. using Federal resources to close the Jones (OH) Schaffer It says that when States use Federal achievement gaps that exist between disadvantaged students and their peers. ANSWERED ‘‘PRESENT’’—1 education dollars, they should be ac- We must give States and local school Tancredo countable for getting results. It says that parents should be em- districts the flexibility they need to NOT VOTING—13 powered with data about the schools address their students’ unique needs Crane Istook Riley their children are attending, the quali- and meet the higher expectations that Culberson Maloney (CT) Spence fications of the teachers teaching their we are placing on them. Gibbons Murtha Young (AK) And we must ensure that there is an Goss Myrick children, and their children’s academic Hutchinson Oxley progress. escape route for students trapped in It says Federal education resources dangerous, failing schools that just do b 1048 should be focused on helping students not change. The House bill provides for Mr. OBERSTAR changed his vote who are in the most need of help. We immediate public and charter school from ‘‘yea’’ to ‘‘nay.’’ should increase for what works and en- choice to parents with children in fail- So the Journal was approved. sure Federal education dollars are tar- ing public schools. We hope our Senate The result of the vote was announced geted to where they will make the big- colleagues will join us in embracing as above recorded. gest impact for our neediest children. this new option for parents. f It says that to meet the tough new We look forward to taking the final accountability standards, teachers and step in what has been a very long proc- APPOINTMENT OF CONFEREES ON local school officials should have great- ess this year. We are looking forward H.R. 1, NO CHILD LEFT BEHIND er flexibility to decide how to address to sending to the President an edu- ACT OF 2001 their students’ unique needs. cation bill that reflects his principles Mr. BOEHNER. Mr. Speaker, pursu- And it says the parents want to and begins making an immediate im- ant to rule XXII, and by direction of choose the best education possible for pact for students in schools all across the Committee on Education and the their children, regardless of income America. Workforce, I move to take from the level and/or their ethnic background. Mr. Speaker, I reserve the balance of Speaker’s table the bill (H.R. 1) to The bills passed by the House and my time. close the achievement gap with ac- Senate have much in common, but Mr. GEORGE MILLER of California. countability, flexibility, and choice, so there are some important differences Mr. Speaker, I yield myself such time that no child is left behind, with a Sen- that must be resolved. as I may consume.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.004 pfrm01 PsN: H18PT1 H4122 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Mr. Speaker, I rise in support of the hope not. I hope they recognize the Mr. Speaker, I reserve the balance of motion to go to conference. We have a challenge and the intent that Congress my time. historic opportunity to come out of has put in this legislation, to substan- Mr. BOEHNER. Mr. Speaker, I yield 3 this conference with an education re- tially and dramatically change and im- minutes to the gentleman from Dela- form bill that will benefit America’s prove and hold accountable the Amer- ware (Mr. CASTLE), chairman of the children. In May we passed an over- ican education system to the children Subcommittee on Education Reform. whelmingly bipartisan bill to ensure it teaches and to the parents that send Mr. CASTLE. Mr. Speaker, I thank that all schools are held accountable them there. the chairman for yielding me this for producing real results for our chil- We have ignored the educational in- time. I also rise in support of the mo- dren. equities in our country for far too long. tion to go to conference on H.R. 1, the I want to particularly thank the This legislation will go a long ways to- No Child Left Behind Act of 2001. members of our Committee on Edu- ward addressing these pressing prob- I would like to start by expressing cation and Workforce, the gentleman lems. To do the job right, we must my thanks to both the gentleman from from Ohio (Chairman BOEHNER), the fight to match the powerful new re- Ohio (Mr. BOEHNER), the chairman of gentleman from Michigan (Mr. KIL- forms in this bill with significant new the committee, and the gentleman DEE), the gentleman from Delaware resources. The House and the Senate from California (Mr. MILLER), the (Mr. CASTLE), the gentlewoman from bill make this commitment in different ranking member, for their hard work Hawaii (Mrs. MINK), the gentleman ways, but let me say this: In the end, it on this bipartisan legislation. If my from California (Mr. MCKEON), the gen- will not be enough to up the authoriza- colleagues heard their speeches here tleman from Indiana (Mr. ROEMER), the tions and congratulate ourselves. The today, they realize what a sincere and critical step will be making good on gentleman from Georgia (Mr. ISAKSON), deep-seated effort they have put in to and the gentleman from New York (Mr. these promises by following through making sure this legislation comes to with them in real dollars in the appro- OWENS), for all of their hard work in fruition. We should all appreciate it. the negotiating sessions, and all of the priations process. With this motion to go to conference, No one believes that we can really do other Members of the committee for we take the next step in our journey to public education reform on the cheap their willingness to stick with these fundamentally change the way children and get the results that all Americans very difficult reforms in this effort to are educated in this country. Both the are demanding. If we are to truly make a difference for education for our House and Senate bills embrace ac- achieve real education reform, we will countability with annual testing for all low-income children. have to do our share in providing the H.R. 1 requires that schools not only students in grades 3 through 8, create necessary resources to fully fund spe- lift up the performance of all students, new options for parents of low-income cial education, to support and train white, African American, Hispanic, students in failing schools, and provide teachers, to turn around failing unprecedented flexibility in the use of rich, poor, limited English, proficient schools, and to repair and to modernize and disabled; but it also requires that Federal dollars, placing more control classrooms. into the hands of local school adminis- we close the achievement gap between I also hope the conference will em- trators and teachers. This pressure these students and others. brace a new bipartisan local flexibility, from above for high standards and com- We have had some serious discussions rather than letting States dictate local petition from below to provide parents about accountability provisions in con- prerogatives through unaccountable and students with information and op- ference. The President and the Con- block grants. Provisions in the Senate tions will help us rededicate our gress, the House and the Senate, Demo- legislation would block grant much of schools and ourselves to the joint prin- crats and Republicans are all on record the funding in this legislation, while ciples of equality and excellence. in support of closing the achievement sacrificing the accountability and the While the House and Senate bills dif- gaps between rich and poor and be- targeting of resources to the disadvan- fer somewhat on the best way to tween minority and majority students. taged schools. achieve these goals, we are united in b 1100 This legislation also gives us an op- portunity to ensure that all teachers, our effort to ensure that no child, re- I am optimistic that we can set high in all classrooms, in front of all stu- gardless of his or her challenges or standards that drive our public school dents, are fully qualified. Nothing is abilities, is beyond the reach of our systems toward that goal. Make no more shameful than having America’s public school system. In that, we share mistake about it: There will be, and children shortchanged by uncertified President Bush’s strong desire to com- there already is, a great deal of pres- teachers or unqualified teachers to plete action on this legislation; and sure from those who resist change, teach the subject matter for which while negotiations will be lively, I be- those who want to maintain the status they have been hired. Study after lieve no issue will be insurmountable. quo, those who want to make sure that study continues to show the impact Some of these key differences include nothing ever changes in this system, that unqualified teachers have on the funding, program consolidation, and but those are the same people that education of our children. The final the appropriate degree of program and have given us the results that Ameri- conference report needs to reverse this spending flexibility, both at the State cans find so repugnant. We need to troubling trend by investing additional and local levels. Specifically, while change the system, we must bring funding in professional development, in both bills dramatically increase spend- about that change, and we must under- teacher training, while ensuring that ing to carry out the reforms and vi- stand that that is the intent of the bill. Federal funds are only used to pay sions of the President’s No Child Left There are those that say they cannot fully qualified teachers. Behind plan, the Senate version au- get students proficient in 12 years. All Mr. Speaker, we can do this. This leg- thorizes a full $8.8 billion more than I can say is, thank God they were not islation does this. The question will be the House. While we should not be ad- in the room with President Jefferson whether or not the conference com- verse to increasing funding for pro- when he launched Lewis and Clark, be- mittee can proceed toward these goals grams that have been proven to work, cause they would have never gotten or whether or not the forces of the sta- we should not support additional in- across the Mississippi. And thank God tus quo will be sufficient to hold us creases if they are not tied to high they were not in the room with John back. I hope they will not be. I intend standards and real accountability. To Kennedy when he launched the pro- that they will not be. I know that the do so would defend and perpetuate the gram to put a man on the moon, be- chairman agrees with that notion. status quo. cause they would have never left the Mr. Speaker, this is about real re- Both bills also provide new flexi- Beltway. form, real accountability and real re- bility. The House version consolidates Their response to this bill is that sults and real resources. That is the similar programs, reducing the total they are going to dumb down tests, goal of this legislation. That is, I be- number by a third. It also provides new that they are to teach to the tests. lieve, the goal of the conference com- freedom for school districts, 100 school That is the response of the American mittee, and I look forward to joining districts nationwide, and allows all education system in this country? I our Senate colleagues. schools making adequate yearly

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.012 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4123 progress to transfer funds between pro- cation reform proposal, he said, ‘‘Bi- ondary Act, the bill is a good first step grams to meet their most pressing partisan education reform will be the to ensure that schools will not have to needs. cornerstone of my administration.’’ He submit multiple grant applications The Senate bill, on the other hand, called on Congress to work together that waste precious dollars on adminis- actually creates many new programs; across party lines to craft legislation; trative expenses. and it focuses its efforts on creating and as a member of the House drafting Additionally, under H.R. 1, tech- new flexibilities for States. In negoti- team, I am proud of the work we have nology funds will go to those areas ating these issues, we should keep our done so far under the leadership of the where help is needed the most. Accord- children and their achievement firmly gentleman from Ohio (Mr. BOEHNER) ing to the Department of Education’s in mind and resist efforts to add and the gentleman from California (Mr. most recent study, schools in the high- unproven programs or approaches sim- MILLER) in getting us to this point. est poverty areas are still far less like- ply to score political points. The gentleman from Ohio (Mr. ly to have computers connected to the Mr. Speaker, the House passed the BOEHNER), the chairman of the com- Internet in every classroom. education reform bill by a margin of mittee, and the gentleman from Cali- This targeting of funds is a departure 384 to 45, and the Senate passed its by fornia (Mr. MILLER), the ranking mem- from the current practices under the a vote of 91 to 8. Without a doubt, the ber, and all of the Members of the two major ESEA technology grant pro- time for reform is upon us. Now let us House are to be commended for their grams. A recent GAO study reported move ahead and support the motion to commitment to bipartisanship but, that of 20 current grants under the go to conference. more importantly, for their commit- Technology Innovation Challenge grant program, none had been reported Mr. GEORGE MILLER of California. ment to our Nation’s children. Mr. Speaker, I yield 2 minutes to the The bill we are sending to conference as being awarded to grantees with gentleman from Michigan (Mr. KIL- is a good bill and reflects most of the greater than 51 percent poverty. The DEE). President’s proposals. This bill was a Enhancing Education Through Tech- nology initiative will ensure more Mr. KILDEE. Mr. Speaker, I thank long time in coming. We started the re- funds get to the schools that are most the gentleman for yielding me this authorization of the Elementary and in need of obtaining and using edu- time. I join my colleagues in sup- Secondary Education Act in the last porting the motion to go to conference cation technology. Congress under the previous adminis- Mr. Speaker, in closing, I would like on H.R. 1. tration. After 2 years of debate and Mr. Speaker, H.R. 1 represents the to encourage all of the Members of the several pieces of legislation, we were opportunity to demand results and re- House to support this motion so that unable to put a package together. So port the achievement of all students. we can take the final step in this proc- The substantially increased resources today we will send H.R. 1 to conference ess and send the President an edu- provided in both bills, coupled with em- to continue the process of instituting cation bill that reflects his principles phasis on accountability, is a hopeful historic changes to our schools and and begin making an immediate im- recipe for improving our educational new opportunities for our Nation’s pact for students and schools and turn system. In addition to the critical children. the promise of not leaving one child be- Throughout the legislation, H.R. 1 focus on accountability, the conference hind into reality. maintains the four pillars of President report on H.R. 1 will give us the chance Mr. GEORGE MILLER of California. Bush’s education reform plan: account- to significantly expand resources and Mr. Speaker, I yield 2 minutes to the focus on extended learning opportuni- ability, flexibility and local control, gentleman from New Jersey (Mr. AN- ties for children after school. research-based reform, and expanded DREWS). The 21st Century Community Learn- parental options. Specifically, as chair- (Mr. ANDREWS asked and was given ing Centers Program, a priority initia- man of the Subcommittee on 21st Cen- permission to revise and extend his re- tive retained by both the House and tury Competitiveness, I would like to marks.) the Senate bills, will collectively be talk about two issues which fall under Mr. ANDREWS. Mr. Speaker, I thank able to invest in after school enrich- my jurisdiction: teacher training and the gentleman from California for yielding me this time. ment opportunities for their children. education technology. For years, the policy of this country While our eventual conference points First, the teacher title builds upon has been that when we find schools will have many successes, a resolution legislation that I, along with the gen- that are filled with students who are of some issues are daunting and will tleman from California (Mr. MILLER), underachieving, we do not do anything take the hard work of all conferees to the ranking member, authored in the about it. Year after year, wasted gen- finalize, and we are committed to do last Congress, the Teacher Empower- ment Act. It is based upon three prin- eration after wasted generation, we that. Some of our more difficult issues just keep sending more money and include balancing competing versions ciples: teacher excellence, smaller classes, and local choices. Mr. Speaker, doing the same old failed thing. of flexibility at the State and local This bill promises to change that. level, creating a usable and realistic H.R. 1 does this by consolidating and streamlining the Eisenhower Profes- How do we change it? We build schools definition of adequate yearly progress where every child is in school well that does not mask failure, and ensur- sional Development Program and the Class Size Reduction Program into a nourished, in a safe, clean classroom, ing that our most disadvantaged re- being taught by a qualified, enthused single program to provide States and ceive the targeted resources they need. teacher in front of a class that is a local schools additional flexibility in While these issues will be fervently dis- manageable size, with access to the the use of these funds in exchange for cussed, I believe we can produce a right technology, with programs for increased accountability and dem- strong bipartisan conference. significant parental involvement, for onstrated student achievement. This Mr. Speaker, we have kept biparti- prekindergarten, for after school, for will provide a major boost to schools in sanship through this whole process so all of the things that we know work. far, and I think we are committed to their efforts to establish and support a But we also know this: All of those keeping that bipartisanship within the high quality teaching force. things that work cost money. conference. Second, in regards to technology, the Mr. BOEHNER. Mr. Speaker, I yield 4 House bill consolidates a number of b 1115 minutes to the gentleman from Cali- technology programs into a single per- The bill that I was proud to support fornia (Mr. MCKEON), who chairs the formance-based grant program. Ac- that we are sending to this conference Subcommittee on 21st Century Com- cording to the General Accounting Of- has a significant increase in the Fed- petitiveness. fice, there are 35 Federal programs eral investment in education. But that Mr. MCKEON. Mr. Speaker, I thank spread across eight Federal agencies is only a target as it now stands. One of the gentleman for yielding, and I rise that may be used as a source of support the goals of our conferees should be to in strong support of this motion to go for telecommunications and informa- work with the other body and make to conference on H.R. 1. tion technology in schools and librar- sure that that promise of greater in- In January, when the President pre- ies. By eliminating duplicative pro- vestment in struggling schools be- sented his No Child Left Behind edu- grams under the Elementary and Sec- comes a reality.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.014 pfrm01 PsN: H18PT1 H4124 CONGRESSIONAL RECORD — HOUSE July 18, 2001 It is not just about investment, it is drop out, instead of dropping out they room curriculum, so our students grad- about prekindergarten. It is about will be dropping in on a high school uating are going to be prepared to com- teacher training, smaller classes, safer education. pete in the 21st century new economy. schools, school breakfasts, parental in- Lastly and most importantly, it It is a bill that calls for reform with volvement programs, and all the things gives flexibility to local school sys- results. It also holds school districts that make a school work right. tems. In the school systems in Cali- responsible with accountability, man- We have laid the foundation to get fornia or Georgia, Indiana or Wis- datory testing programs, so we can that done. I hope that in the weeks and consin, our students are different: dif- measure the students’ progress. months ahead, the conferees will finish ferent in ethnicity, different in race, I am hoping that in conference, at- the job and bring back to this House a different in economics. School systems tention will be paid to providing product that honors the promise of real deserve the right and the flexibility to enough resources for the remediation change where it is most needed in choose what is best so as they educate of students who are being measured American education. children and are measured on their and who are falling behind at their Mr. BOEHNER. Mr. Speaker, I yield 4 progress, they are able to make the de- skills level, so we can bring them back minutes to the gentleman from Geor- termination that they believe is best, up to the rest of their classmates so gia (Mr. ISAKSON), the vice-chairman of not what a bureaucrat or a politician they, too, can succeed. the Subcommittee on 21st Century in Washington thinks is best. There were some features of this bill Competitiveness. There are differences between the I think that we missed the call on. I Mr. ISAKSON. Mr. Speaker, I thank House and Senate. There are dif- think it is time for this Congress to the gentleman from Ohio for yielding ferences in the amount of money, and take action to provide some matching time to me. there is a little difference in the grant money back to local school dis- I want to acknowledge three people. amount of flexibility. I believe we will tricts to put in place pre-K schooling First would be the gentleman from work those differences out. opportunities. Researchers at the Uni- Ohio (Mr. BOEHNER), the chairman, We have seen that no amount of versity of Wisconsin just did the most whose inspired leadership really al- money, even $125 billion over 33 years, long-term, 15-year comprehensive lowed this bill to come to the floor in has changed or lessened the achieve- study of the pre-K program in the Chi- a bipartisan way, and the guidance he ment gap. Hopefully now the amount of cago public school district and found has given. money we ultimately invest, with ac- that those students who are partici- Second, I thank the gentleman from countability on public education and pating are less likely to commit juve- California (Mr. GEORGE MILLER), who resources for our most poor and dis- nile offenses, more likely to stay in has unalterably opposed the status quo advantaged students, will not only school, and perform better on tests and on this bill has very eloquently close the achievement gap, but en- than their classmates, and are more stood for the accountability to the lighten and enrich every child in the likely to graduate and go on to post- American public for education needs of United States of America so that truly secondary education. the American people. no one ever again in this country I also think that this Congress is not Last but not least, I thank the Presi- leaves a public school enslaved by lack living up to our promise to fully fund dent of the United States, who really of experience and a lack of education. special education opportunities for stu- I look forward to the conference. I believes that we should leave no child dents with special needs. The promise look forward to the House position. I was made 25 years ago that we would behind. Mr. Speaker, Robert Browning was look forward to maintaining the ac- fund 40 percent of the expense of spe- countability in the reading levels of all once asked, the great philosopher and cial education costs. Today we are our children. slightly less than 15 percent. writer, what his definition of education Mr. GEORGE MILLER of California. If there is one piece of work that this was and what it meant to a human Mr. Speaker, I yield 2 minutes to the Congress can do this year that will al- being. His answer was very simple: edu- gentleman from Wisconsin (Mr. KIND). leviate the pressures and the financial cation makes a people easy to lead, dif- Mr. KIND. Mr. Speaker, I thank my burdens that school districts through- ficult to drive; easy to govern and im- friend, the gentleman from California, out the country feel, it is to live up to possible to enslave. for yielding time to me. our promise to fully fund special edu- Mr. Speaker, the poor and most dis- Mr. Speaker, I, too, rise in support of cation. I hope that, too, is a source of advantaged children in America’s pub- the motion to go to conference on H.R. conversation with the conferees. lic schools are in fact enslaved today 1. Mr. BOEHNER. Mr. Speaker, I yield by ignorance. Title I was intended, at I want to commend the leadership myself such time as I may consume. its beginning 33 years ago and subse- first of all on the committee, the chair- Mr. Speaker, I appreciate the concern quently with an investment of $125 bil- man, the gentleman from Ohio (Mr. from the gentleman from Wisconsin lion, to break those shackles of igno- BOEHNER), and the ranking member, over the issue of IDEA funding. I think rance and to break the slavery that, in the gentleman from California (Mr. most of our colleagues understand that fact, exists when people leave school or GEORGE MILLER), for working hard and the Individuals With Disabilities Act in drop out without the equipment that trying to produce a good bipartisan education is not part of the Elemen- they need. product which we could report out of tary and Secondary Education Act. President Bush, this committee, and, the Committee on Education and the In fact, this Congress over the last 5 in the end, this conference will I am Workforce and bring to the House floor years has increased funding for IDEA sure ensure that the three cornerstones and receive overwhelming bipartisan some 50 percent over the last 5 years. I that are essential to the education of a support. have no doubt there will be another in- child become the measurable reality of I think this is a good bill. It is not a crease again this year. American public education of our most perfect bill. It calls for greater consoli- But that program is up for reauthor- disadvantaged students: dation of a lot of Federal programs ization next year. I would ask my col- First, reading. This bill puts $600 mil- with increased flexibility back to local leagues to allow us to go through the lion more into reading annually, and school districts on how best to utilize reauthorization process on IDEA next focuses on K through 2 in the Early those resources that will be provided to year and debate any additional re- Reading First initiative. It increases them. sources that might be devoted to that the resources to teachers, and it gives It calls for greater investment in pro- in the context of the reauthorization of children in those most formative years fessional development programs of our that bill. of education the opportunity to learn teachers, given a 2.2 million teacher re- Mr. GEORGE MILLER of California. to read and to comprehend. tirement over the next 10 years, as well Mr. Speaker, I yield 2 minutes to the Second, that comprehension, that as an investment in the leadership of gentleman from New Jersey (Mr. ability, will be monitored and assessed our school districts, with principals HOLT). annually from grades three through and superintendents. Mr. HOLT. Mr. Speaker, I thank the eight, so by the time that child reaches It also calls for money to better inte- gentleman from California for yielding the ninth grade, where most of them grate the use of technology in class- time to me.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.016 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4125 Mr. Speaker, I also thank the gen- children and families with special work to do, particularly on the re- tleman from California (Mr. GEORGE needs and special education, really it sources. As a fiscally conservative MILLER) and the chairman, the gen- has only gotten up a smaller percent- Democrat often coming to the floor tleman from Ohio (Mr. BOEHNER), for age of where we made a commitment to saying money is not the answer to their work in producing a bipartisan the communities and school districts every problem, if we are going to test bill that really should make a dif- throughout this country when the Fed- children and do it with diagnostic tests ference in our schools. eral Government 25 years ago said we that we can turn around in real time Mr. Speaker, as we come to con- would cover 40 percent of the cost. remediation to help these children do ference with the other body, there are All we have done is shifted those better, we need the resources. some things that I think are in consid- costs onto the property taxpayers, be- We also need a NAEP test. We need a eration here; and we must make sure cause we have regulations that say NAEP test that can compare with the they come out in the final version. they have to comply. So we have a sub- local government, the local schools and First of all, I want to make sure that stantially unfunded Federal mandate the State schools, when they devise some of the discussions that we have that needs to be corrected. We need to their State tests, so we can then assess had in committee about authorized use do it now, because we are not going to how good that test is in comparison to of funds comes out. The gentlewoman have the budget surplus, if we have a other tests. from Illinois (Mrs. BIGGERT) and I in surplus at all, to be able to deal with b 1130 committee were able to see that of the this; and it is better to act now when money that is spent, that local schools there are so many others that are try- We need to accede to the Senate lan- have the option of spending it on train- ing to attempt to get at that particular guage on the NAEP test. And on ade- ing teachers, providing the professional budget in the resources that are being quate yearly progress, we must hold development on math and science made available. Then the real impact students accountable. Whether 70 per- teaching in particular, which can be as of special education is going to be cent of students are passing in a school much as 20 percent of the funding borne by local property taxpayers. and 30 percent failing, we need to be under title II. I hope that that will be In our State alone, the Federal Gov- able to find out what 30 percent are preserved in conference. ernment should be contributing $100 failing. I also hope that we can preserve the million a year to cover 40 percent of In conclusion, I would just say that agreement that we had in committee the cost. They are only contributing we have the model for bipartisanship that under the President’s reading ini- $32 million a year, and $68 million more here today with this bill, but we do not tiative in title I, an accepted use of is being contributed on the backs of yet have the model for bold school re- funds is for books. If we are going to property taxpayers, the most regres- form that works. That will be deter- have a literacy program, it does make sive tax of all taxes. mined in this conference when we work sense that books would be covered as If we want to provide property tax re- out NAEP, resources, and other impor- an authorized use of funds. Similarly, lief, tax relief, and we want to fund un- tant issues, like adequate yearly in title IV, I would hope that we can funded mandates, which are the pillars progress. see that instruments, musical instru- of the congressional leadership over Mr. GEORGE MILLER of California. ments, are included as appropriate use the years, especially in the House, then Mr. Speaker, I yield 2 minutes to the of funds in music programs. we should fully fund special education. gentlewoman from California (Ms. Overall, I hope we would see that we I ask my colleagues to support the WOOLSEY). pay special attention to the profes- Harkin-Hagel amendment in the con- (Ms. WOOLSEY asked and was given sional development for math and ference, which would provide for full permission to revise and extend her re- science teachers. Furthermore, some- funding over 6 years for this critical marks.) thing that is coming from the other program. I would prefer it in a shorter Ms. WOOLSEY. Mr. Speaker, I stand body that I hope will be preserved in period of time, but I think that is the in support of H.R. 1, and I compliment conference is legislation, a part of the bare minimum that we will accept. the chairman, the gentleman from bill, that will ensure that parents have Mr. GEORGE MILLER of California. Ohio (Mr. BOEHNER), and the ranking a right to know at least 72 hours in ad- Mr. Speaker, I yield 2 minutes to the member, the gentleman from Cali- vance of the use of pesticides, dan- gentleman from Indiana (Mr. ROEMER). fornia (Mr. GEORGE MILLER). Good job. gerous chemicals, in their schools, in (Mr. ROEMER asked and was given This was not easy to do. their children’s schools. permission to revise and extend his re- But I want to talk about something Of course, as others before me have marks.) we left out in the House that we cannot said, I hope out of conference we will Mr. ROEMER. Mr. Speaker, I rise in wait another year to cover, and that is come with a real dedication to give support of the motion to go to con- fully funding special education and more than words to education for chil- ference. I, too, want to join in the cho- IDEA. I would ask that the conference dren with disabilities under the IDEA rus of accolades for our chairman, the committee include the Senate provi- program. gentleman from Ohio (Mr. BOEHNER), sions regarding funding IDEA. Mr. GEORGE MILLER of California. and for my ranking member, the gen- When I meet with parents in my dis- Mr. Speaker, I yield 2 minutes to the tleman from California (Mr. GEORGE trict who have children with special gentleman from Maine (Mr. BALDACCI). MILLER), and for their talent and elo- needs, I hear how frantic they are Mr. BALDACCI. Mr. Speaker, I thank quence in getting a bill together with about getting the services their chil- the gentleman for yielding time to me. 384 votes to take us to conference. dren need in their schools. They think I would like to also compliment the The challenges ahead are indeed the schools are giving them the run- bipartisan leadership in bringing this large and looming. John Adams, who around. While, when I talk to the bill to this particular point, and in rec- wrote the Constitution for the State of school administrators and the edu- ognizing that it has traveled many Massachusetts, wrote in clause 2 a very cators, they tell me they are worried miles. One particular mile left to go is unique section guaranteeing the right sick about not having enough money to as it pertains to special education. of education to every single citizen in fully meet the needs of special edu- I disagree with my colleague who the State of Massachusetts. cation programs. And parents of stu- says that this has to be put off for a At no time is that right to a good dents without special needs are fearful year before we substantially will be education more important than today that their children will not receive able to go through a reauthorization in America, and at no time is that enough resources so that they can get period. I do not question the reauthor- right more threatened to the poorest in the education that they need. ization time frame, but I do recognize America than right here today. This cannot continue. We need not that back at home, where we did in- What we do in conference is ex- wait another year. We must fully fund crease funding, we started out at a tremely important. With this bill, IDEA, because we are pitting one im- very low level. So a 50 percent increase, while we can all pat ourselves on the portant education program against an- while it sounds great and large, really back and say we have accomplished a other. Students against students, par- in terms of property taxpayers and lot up to this point, there is a lot more ents against parents, and parents

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.017 pfrm01 PsN: H18PT1 H4126 CONGRESSIONAL RECORD — HOUSE July 18, 2001 against schools. It is time for Congress bill, and I want to wish them well as rural poor communities. We need all to honor the commitment made to par- they go to conference. the help we can get as fast as we can ents and educators over 26 years ago. Ms. WOOLSEY. Mr. Speaker, I yield 2 get it. We can do that by adopting the Sen- minutes to the gentlewoman from New The reading scores show there is a ate provision in the Leave No Child Be- York (Mrs. MCCARTHY). state of emergency, the SAT scores hind Act and fully fund IDEA over 10 Mrs. MCCARTHY of New York. Mr. show it, the dropout statistics show it; years. It is the right thing to do, and I Speaker, I thank the gentlewoman for but also there are other indicators that urge my colleagues and the conferees yielding me this time; and I want to we ought to take a look at. The num- to stand behind funding IDEA as we thank the chairman, the gentleman ber of uncertified teachers are clus- committed over 25 years ago. from Ohio (Mr. BOEHNER), and the tered and concentrated in these state Mr. BOEHNER. Mr. Speaker, I yield 3 ranking minority member, the gen- of emergency communities. The num- minutes to the gentleman from Ne- tleman from California (Mr. GEORGE ber of unsafe, unhealthy buildings are braska (Mr. OSBORNE), and while a new MILLER). I give credit to both sides of concentrated in these communities. Member of Congress, the gentleman the aisle on working really hard to get The lack of science laboratories and spent a career in the field of education. this bill through. Both sides gave up a lack of physics teachers and chemistry Mr. OSBORNE. Mr. Speaker, I thank lot, but we came out with an excellent teachers, they are all concentrated in the gentleman for yielding me this bill; and I appreciate all the work ev- these communities. Libraries with the time; and I thank him for his work, as erybody did on it. oldest books are in these communities. others have, and the ranking member, When we talk about flexibility, when So we need to maintain the focus and the gentleman from California (Mr. we talk about teacher preparation, the concentration of this bill and not GEORGE MILLER) for his work, as well when we talk about mentoring pro- let the bill that came from the other as other members of the committee, grams for our children, these are all body water it down and make flexible who did an outstanding job of working going to be wonderful things for the fu- the funding so that it does not have the together. ture of education; but again I have to same concentration as the President’s I certainly support H.R. 1 as it goes add my voice to those talking about bill. to conference. I think there were some IDEA. I know reauthorization is com- The President is to be congratulated graphic reasons for the reform. It is my ing up, and I am looking forward to for focusing on where the greatest need understanding that the Federal Gov- working with my chairman on reau- is. The bill does do that. The focus on ernment has spent $80 billion on edu- thorization of IDEA next year. title I as a major component to be ex- cation over the last 10 years; yet we As someone who grew up with learn- panded in the authorization, the move saw absolutely no improvement in ing disabilities, and as someone who towards an increase of title I funding dropout rates, no improvement in test has a child with learning disabilities, I to $17.2 billion in 5 years, that is very scores, less performance in general, and know how important it is. I go into important. That authorization must be roughly 60 percent of our fourth grad- schools every single Monday and see maintained. ers are not able to read at an adequate that our schools, unfortunately, have We must unite with the other body to level. So I think H.R. 1 really rep- to take funds away from important get higher authorizations in some resents significant improvement in programs because the Government other areas, and we must understand educational policy. It does provide bet- that the conference committee holding ter measurement of students, more ac- mandated these children be to these authorization levels is the countability for schools, and certainly mainstreamed in our schools, yet have first step in a larger strategy to guar- greater local control. not followed through with the prom- However, I would like to also under- ised 40 percent to help them do this. We antee that the appropriations will score the idea that the best edu- will fight to make sure that the monies equal the authorizations. cational policy alone is not going to be are there. We have a need for education reform the whole answer. And the reason I say It is not fair to our school systems, everywhere in the country. I know that this is that we can have the best teach- as it is today, to be paying out these everybody is concerned about the fact ers, the best curriculum, the best monies when we made these mandatory that our children scored lower than buildings, facilities; and still, if there deals with the schools to educate these youngsters in other nations, the best; is a high percentage of dysfunctional children. I am looking forward to see- but that need for concern should be un- students from dysfunctional situations, ing what the conferees come out with. derstood in terms of there is a need for we will have a very difficult time edu- I know it will be a good bill. The House emergency-targeted funds that go cating them because, number one, they and the Senate bills are a little dif- straight to the areas of greatest need. will not get to school; and, number ferent, but in the end I think the peo- In other words, what I am saying is let two, if they do get to school, they are ple of America and the children of us make certain that we do what we not going to be in a very good frame of America are going to be proud of the have to do and can do at the Federal mind to learn anything. work done here in Congress. level so that we will hold accountable So one of the components of H.R. 1 Decisions should be made on the the States and hold accountable the that I have been very interested in, local level, and I do believe in that; but local education agencies to deal with which has not been talked about a the flexibility is probably going to be the state of emergency and guarantee whole lot, is the mentoring component. the most important thing. So I again that the opportunities to learn create This is something that is very impor- thank the gentleman from California safe schools, guarantee certified tant to the President. Mentoring re- (Mr. GEORGE MILLER) and am looking trained teachers, guarantee science duces absenteeism from school by over forward to working with him again. laboratories, science equipment, guar- 50 percent, decreases drug abuse by Ms. WOOLSEY. Mr. Speaker, I yield antee science and math teachers. more than 50 percent, teenage preg- 21⁄2 minutes to the gentleman from New We must take the first step, and also nancy by 30, 40 percent, violence, and York (Mr. OWENS). we must act in a way which guarantees gang-related activities by a significant (Mr. OWENS asked and was given that the appropriation will match the margin as well. So mentoring does permission to revise and extend his re- authorization in this Congress. work, and it is an important part of marks.) Mr. BOEHNER. Mr. Speaker, I yield the educational component. Mr. OWENS. Mr. Speaker, I want to myself 1 minute. So as we go to conference here on appeal to the conferees to please hold Let me rise, Mr. Speaker, and con- this bill, I hope that this will be pre- the course and not water down this bill gratulate my friend, the gentleman served. I especially hope that the con- any further. from New York (Mr. OWENS), and tell ferees will maintain the flexibility and There is an education state of emer- him that I could not agree with him the local control that we have written gency in many American communities. more. into the bill, particularly in regard to There is an education state of emer- As we go to conference with the Sen- training the mentor. gency in the African American commu- ate on this bill, our eyes need to be fo- So again I would like to compliment nity in inner cities and in other inner- cused on the major goals. And one of those who have drafted and crafted this city minority communities and in the major goals that I think many of

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.019 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4127 us share is to make sure that the re- expecting different results. I remember and their families deserve more than sources that are going to be dedicated one thing that President Clinton said. an empty promise. to this bill, whatever that amount may He said insanity is doing the same By passing the Hagel-Harkin IDEA be, go to the most needy students in thing and expecting different results. full funding amendment with strong bi- our society. We are going to make sure the money partisan support, the Senate has taken On the House bill we reduced the is monitored; we are going to give peo- an important step toward meeting the number of programs that we were ple flexibility, the resources necessary Federal government’s commitment. going to fund under the Elementary to improve education; and if after 3 Mr. Speaker, it will be a great day in and Secondary Education Act in order years things are not getting better we this country when every child receives to try to better target these resources are going to take a new look at how to a first-rate education. I ask the con- to those children, especially minority make them better. ferees, I beg the conferees to address children in inner city schools and in We are going to allow parents to this issue of full funding for special rural areas who are underserved and choose other public schools to go to. education. need our help. But if we look at the Charter schools. We are going to give I thank both the Chair and the rank- Senate bill, where they expanded the parents some choices. This bill requires ing member for the terrific job they number of programs, a lot of well-in- curriculum reporting. It will empower have done on this bipartisan bill to tentioned, well-meaning programs, those parents who care. It will try to help every child. If they would just good ideas; but what it does is it tends get people more involved in the edu- please address full funding for special then to take our eyes off of getting the cation process. education, I think we would go a long way in making sure that every child is resources where they, in fact, are most b 1145 needed. educated. Mr. Speaker, I yield 4 minutes to the There is some significant differences Mr. BOEHNER. Mr. Speaker, I am gentleman from South Carolina (Mr. between the House and Senate bill, but pleased to yield 1 minute to the gen- GRAHAM), a member of our committee. I predict now that these differences tleman from Ohio (Mr. TIBERI). Mr. GRAHAM. Mr. Speaker, I thank will be quickly resolved and this Con- Mr. TIBERI. Mr. Speaker, it is a the gentleman for yielding me this gress will go on record as being the privilege for me to speak today on the time. first Congress in maybe 35 or 40 years floor on a bill that I helped craft in the Mr. Speaker, if anyone had asked me to do something bold in the area of Committee on Education and the during the month preceding the last education. Workforce, a committee that worked election if the House could have come The Federal level provides about 7 or real hard a couple months ago, with bi- together in this fashion to pass 384 to 8 percent of education funding. No partisan support, to pass on a bill to 45 a major reform initiative on edu- longer will that money be given blind- the floor and on to the Senate. A bill cation, I would not have taken the bet. ly. We will expect results for our con- that puts President Bush’s principles Those were tough, dark times for the tribution, and we will try to create an and education together with account- country. It was the longest election in atmosphere where school districts who ability and testing and flexibility and history. Yet here we stand several want to experiment and try new things more local control and targeted fund- months later talking about something can do so with the Federal money. ing and expanded parental options. A long overdue. All in all, if you asked me in October bill that consolidates programs. A bill The magic of this event to me is that preceding the last election if this could that empowers parents with more in- the gentleman from California (Mr. have ever come about I would say no. If formation. A bill that included an GEORGE MILLER) and the chairman, the you asked me in December, I would say amendment that the gentleman from gentleman from Ohio (Mr. BOEHNER), heck no. But here we are. It is a testa- Delaware (Mr. CASTLE) and I crafted, a have brought a committee that has ment to the good hearts of the people superflex amendment that provides for been divisive at times together, along on this committee and the leaders on a hundred school districts to have more with the President, after many meet- this committee, along with the Presi- local control to consolidate Federal ings at the White House, to take a new dent. programs. look at education. We are about to do something new, Yes, this bill differs from the Senate, There are so many debates going on long overdue; and the beneficiaries will but those differences can be resolved, in education right now about how best not be politicians. It will be parents and we can put together a bill that the to fix the problem. Some people say we and children. President can sign that benefits Amer- need more money. More money is in Ms. WOOLSEY. Mr. Speaker, I yield 2 ica’s schoolchildren. this bill, a lot more money. Some of us minutes to the gentlewoman from Or- Ms. WOOLSEY. Mr. Speaker, I yield 2 believe just throwing money at the egon (Ms. HOOLEY). minutes to the gentlewoman from Cali- problem alone will not work, and our Ms. HOOLEY of Oregon. Mr. Speaker, fornia (Ms. SOLIS). voices were heard. I rise in strong support of this meas- Ms. SOLIS. Mr. Speaker, I am also But the money is going to be spent in ure. As a former teacher, I am proud to here to support the motion to go to a new fashion. We are going to hold support this bill because it really conference on the education bill. How- people accountable. Before we hold starts to address the issue of leaving no ever, I have to tell you that today I am them accountable, we are going to pro- child behind and closing that achieve- saddened because I am reading today in vide them with the resources and the ment gap. However, there is a piece the Los Angeles Times that one of my latitude and the flexibility to fix the that I would hope the conference com- feeder schools in East Los Angeles, problem, and we are going to monitor mittee would address and that is the Garfield High School, which was known what happens. We are going to look at funding for IDEA or Individuals With for the movie ‘‘Stand And Deliver,’’ those children who have been left be- Disabilities Act. where Latino students able to excell hind traditionally; and they are going Unfortunately, year in and year out and rise to the occasion, is now found to report to us, the school districts are Federal appropriations fall far short of to be failing. It is one of the schools that receive Federal money, as to how the Federal government’s commitment that is failing in my district. each group is doing. We are going to to help meet the needs and the cost of I would ask the conferees as they have a monitoring process for the first educating students with disabilities. begin their discussions on education to time in a long time, and we will actu- The lack of funding places considerable remember those low income students, ally find out where our money is going strain on entire school budgets as the new face of California and the and if it is working. schools are forced to choose between country. Those students are in need of For those school districts who have raising local taxes or cutting other support because they come from dif- been helped and who have been mon- critical programs in order to provide ferent backgrounds or speak different itored and they continue to fail, we are Federally mandated special education languages, that we not forget those going to do something new. We are just services. children. not going to continue to throw money, To its credit, the Senate has recog- We also need to do as much as we can giving it to the same group of people, nized that students with disabilities to help provide prevention funding for

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.021 pfrm01 PsN: H18PT1 H4128 CONGRESSIONAL RECORD — HOUSE July 18, 2001 dropouts. Because in the Latino com- carry out the educational mandates the education they are going to need if munity right now we are finding the that are contained in this legislation. they are going to have an opportunity average number of students that come Mr. Speaker, I thank my colleagues at securing the American dream that into the system are leaving at a 50 per- for all who joined in this discussion. every child deserves. And every parent cent rate. That is disgusting. We need Mr. Speaker, I yield back the balance of every child in America wants their to do more to make sure that our stu- of my time. child to have that opportunity. dents stay in school, that we have bet- Mr. BOEHNER. Mr. Speaker, I yield Ms. KILPATRICK. Mr. Speaker, I rise today ter equipped and credentialed teachers myself such time as I may consume. to express my support for the tabling of Mr. in our school. Mr. Speaker, I thank the gentleman BALDACCI’s motion to instruct the Conferees In my district alone we have an over- from California (Mr. GEORGE MILLER), who will consider the Elementary and Sec- abundance of teachers who do not have the ranking member on the Committee ondary Education Authorization Act. This mo- credentials. They do not have creden- on Education and the Workforce, who tion would direct the managers to accept an tials because we do not have the fund- has worked closely with myself and amendment that would give the Individuals ing and support to help provide them members on both sides of the aisle; and with Disabilities Education Act Title I status, that incentive to go on and get those I have to say, as I said when we closed even though this amendment was not included credentials. debate on the bill when it came in the bill passed by the House. I would ask the conferees to take a through the House, I could not have First, let me state that as a former school look at what it is we need to do to help had a more perfect gentleman and a teacher, I am in full support of providing as provide so that no child is left behind, more perfect partner to work with as much funding as is needed to insure that all so that no parent or student feels that we went through this process. of our children in this country receive a quality this public education systems leaves Mr. Speaker, I also thank our draft- education that meets their intellectual and them woefully behind in this society. ing team on both sides of the aisle, the physical needs. I do not know of anyone in Mr. GEORGE MILLER of California. gentleman from California (Mr. this House who is not in support of providing Mr. Speaker, I yield 1 minute to the MCKEON), the gentleman from Dela- our children with what they need to grow and gentleman from Washington (Mr. ware (Mr. CASTLE), the gentleman from learn in an appropriate environment. This in- MCDERMOTT). Georgia (Mr. ISAKSON), the gentleman cludes providing funds to assist students who Mr. MCDERMOTT. Mr. Speaker, it is from Colorado (Mr. SCHAFFER), the gen- are in need of special assistance due to a about time we did what this amend- tleman from Indiana (Mr. ROEMER), and physical or mental disability. How could any- ment or this instruction does. the gentlewoman from Hawaii (Mrs. one not be in support of assisting these chil- I was in the State legislature in 1972 MINK) who spent hours and hours try- dren? However, it does not make for ‘‘good’’ when we passed the Education for All ing to bridge the differences, always, education policy if we single out just one pro- Act in the State of Washington. Along though, with a view and a vision to- gram and instruct the Conferees to give it Title came the Feds about four years later ward how do we help the neediest chil- I status by making it an entitlement. and said we are going to have edu- dren in our society have a shot at a The ESEA bill is overflowing with good and cation for all in this whole country, good education like our children get. valuable programs, all of which deserve to re- and we will give you 100 percent of the I think we achieved that when this ceive the funds that were authorized for them, rules and regulation, and we will give House bill came through here. Is it the if not more. Therefore, I cannot support sin- you 5 percent of the money. They have bill I would have written by myself? gling out just one program for entitlement sta- been doing that to States like Wash- No. Is it the bill that the gentleman tus. I would hope that not only would we fully ington since 1972. from California (Mr. GEORGE MILLER) fund the programs under the Individuals with This is 28 years of an unfunded man- would have written by himself? No. But Disabilities Education Act, but also the class date. It is about time for the guys who it is a bill both parties worked together size reduction programs, the Safe and Drug want to talk about unfunded mandates on, and we have built a solid piece of Free Schools and Communities Act, and the to get up here and put the money on legislation that will change the way Homeless Education Assistance Improvement the bar. I know, I was there. I saw what that we educate low income and minor- Act, as well as all of the other beneficial pro- was done in the State legislature, and ity students in our country. grams within ESEA. A program should not then I come up here. Now my col- My commitment to the gentleman have to have entitlement status in order to re- leagues are saying we want to wait from California (Mr. GEORGE MILLER) ceive full funding. until next year. We are going to be and my commitment to my colleagues waiting until next year to the year on both sides of the aisle is that when I trust in the ability of my colleagues who 2050. Mr. Speaker, this ought to pass. we bring the conference report back to will serve as conferees on this bill to see the Mr. GEORGE MILLER of California. this House that we will in fact have a importance of the Individuals with Disabilities Mr. Speaker, I yield myself such time fundamental change in giving schools Education Act. The programs included in this as I may consume. more flexibility, holding schools more Act will provide children who have a disability Mr. Speaker, I thank all of the mem- accountable for real results and addi- with a quality education that factors in their bers of the committee on both sides of tional resources to help meet those special needs, and is of no cost to the par- the aisle and thank all of the profes- new standards that we hope to put in ents. The conferees do not need to be in- sional staff of the committee, which is place. structed to give Title I status to a program in the entire staff, who have spent an in- Mr. Speaker, when we brought our order to fully fund it. If this was the case, I credible amount of time working bill to the floor back in May, I asked would be standing here before you arguing through all of the difficult matters all of my colleagues whether they that entitlement status should be given to all of that are of concern and controversy would be able to stand up on that day the programs included in the ESEA. and where there were differences of and have the courage, the courage to Mr. BOEHNER. Mr. Speaker, I yield opinion and helped the membership ar- vote with us and the courage to do the back the balance of my time. rive at this bipartisan legislation. right thing even though not everyone The SPEAKER pro tempore (Mr. Mr. Speaker, I look forward to going was in full agreement. I think the LAHOOD). The question is on the mo- to conference under the leadership of House exercised its prerogative and did tion offered by the gentleman from the gentleman from Ohio (Mr. show the courage by a strong vote of Ohio (Mr. BOEHNER). BOEHNER), the chairman, and believe 384–43 in support of our bill. The question was taken, and the that we can bring back to the House a Mr. Speaker, as we go to conference, Speaker pro tempore announced that bill that will continue to have bipar- I feel confident that members on both the ayes appeared to have it. tisan support that again will dramati- sides of the aisle will continue to work Mr. GEORGE MILLER of California. cally change the outcomes and the re- together and to bring back to this Mr. Speaker, on that I demand the yeas sults in this education system, in the House a bill that we can be proud of, a and nays. title I system, and that will dramati- bill that the President can be proud of, The yeas and nays were ordered. cally improve our opportunities to and the most important goal, to make The vote was taken by electronic de- have qualified teachers, accountability sure that we bring a bill back that vice, and there were—yeas 424, nays 5, and have the resources necessary to helps the neediest of our society get not voting 4, as follows:

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.023 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4129

[Roll No. 237] Ose Ryan (WI) Tauscher RECORDED VOTE Otter Ryun (KS) Tauzin YEAS—424 Owens Sanchez Taylor (MS) Mr. FRANK. Mr. Speaker, I demand a Oxley Sanders Taylor (NC) recorded vote. Abercrombie DeMint Johnson (CT) Pallone Sandlin Terry Ackerman Deutsch Johnson (IL) A recorded vote was ordered. Pascrell Sawyer Thomas Aderholt Diaz-Balart Johnson, E. B. Pastor Saxton Thompson (CA) The vote was taken by electronic de- Akin Dicks Johnson, Sam Paul Schaffer Thompson (MS) vice, and there were—ayes 296, noes 126, Allen Dingell Jones (NC) Payne Schakowsky Thornberry not voting 11, as follows: Andrews Doggett Jones (OH) Pelosi Schiff Thune Armey Dooley Kanjorski Pence Schrock Thurman [Roll No. 238] Baca Doolittle Kaptur Peterson (MN) Scott Tiberi AYES—296 Bachus Doyle Keller Peterson (PA) Sensenbrenner Tierney Baird Dreier Kelly Petri Serrano Toomey Abercrombie Frost Menendez Baker Duncan Kennedy (MN) Phelps Sessions Towns Ackerman Gallegly Mica Baldacci Dunn Kennedy (RI) Pickering Shadegg Traficant Aderholt Ganske Miller (FL) Baldwin Edwards Kerns Pitts Shaw Turner Akin Gekas Miller, Gary Ballenger Ehlers Kildee Platts Shays Udall (CO) Andrews Gilchrest Mollohan Barcia Ehrlich Kilpatrick Pombo Sherman Udall (NM) Armey Gillmor Moran (VA) Barr Emerson Kind (WI) Pomeroy Sherwood Upton Bachus Gilman Morella Barrett Engel King (NY) Portman Shimkus Velazquez Baker Goodlatte Murtha Bartlett English Kingston Price (NC) Shows Visclosky Ballenger Gordon Napolitano Barton Eshoo Kirk Pryce (OH) Shuster Vitter Barr Goss Neal Bass Etheridge Kleczka Putnam Simmons Walden Bartlett Graham Nethercutt Becerra Evans Knollenberg Quinn Simpson Walsh Barton Granger Ney Bentsen Everett Kolbe Radanovich Skeen Wamp Berkley Graves Northup Bereuter Farr Kucinich Rahall Skelton Waters Berry Green (WI) Norwood Berkley Fattah LaFalce Ramstad Slaughter Watkins (OK) Biggert Grucci Nussle Berman Ferguson LaHood Rangel Smith (MI) Watson (CA) Bishop Gutierrez Oberstar Berry Filner Lampson Regula Smith (NJ) Watt (NC) Blagojevich Gutknecht Obey Biggert Flake Langevin Rehberg Smith (TX) Watts (OK) Blunt Hall (TX) Olver Bilirakis Fletcher Lantos Reyes Smith (WA) Waxman Boehlert Hansen Ortiz Bishop Foley Largent Reynolds Snyder Weiner Boehner Hart Osborne Blagojevich Forbes Larsen (WA) Rivers Solis Weldon (FL) Bonilla Hastings (FL) Ose Blumenauer Ford Larson (CT) Rodriguez Souder Weldon (PA) Bono Hastings (WA) Otter Blunt Fossella Latham Roemer Spratt Weller Boswell Hayes Pallone Boehlert Frank LaTourette Rogers (KY) Stark Wexler Boucher Hayworth Pascrell Boehner Frelinghuysen Leach Rogers (MI) Stearns Whitfield Boyd Hefley Pastor Bonilla Frost Lee Rohrabacher Stenholm Wicker Brady (TX) Herger Paul Bonior Gallegly Levin Ros-Lehtinen Strickland Wilson Brown (FL) Hilleary Pelosi Bono Ganske Lewis (CA) Ross Stump Wolf Brown (SC) Hobson Pence Borski Gekas Lewis (GA) Rothman Stupak Woolsey Bryant Holden Peterson (MN) Boswell Gephardt Lewis (KY) Roukema Sununu Wu Burr Horn Peterson (PA) Boucher Gilchrest Linder Roybal-Allard Sweeney Wynn Burton Hostettler Petri Boyd Gillmor Lipinski Royce Tancredo Young (AK) Buyer Houghton Phelps Brady (PA) Gilman LoBiondo Rush Tanner Young (FL) Callahan Hoyer Pickering Brady (TX) Gonzalez Lofgren Calvert Hulshof Pombo Brown (FL) Goodlatte Lowey NAYS—5 Camp Hunter Pomeroy Brown (OH) Gordon Lucas (KY) Goode Sabo Tiahrt Cannon Hutchinson Portman Brown (SC) Goss Lucas (OK) Hostettler Scarborough Cantor Hyde Price (NC) Bryant Graham Luther Capito Isakson Pryce (OH) Burr Granger Maloney (CT) NOT VOTING—4 Carson (IN) Issa Putnam Burton Graves Maloney (NY) Gibbons Riley Castle Istook Quinn Buyer Green (TX) Manzullo Myrick Spence Chabot Jackson (IL) Radanovich Callahan Green (WI) Markey Chambliss Jefferson Rangel Calvert Greenwood Mascara b 1223 Clay Jenkins Regula Camp Grucci Matheson Clement John Reyes Cannon Gutierrez Matsui Mr. COX changed his vote from Clyburn Johnson (CT) Reynolds Cantor Gutknecht McCarthy (MO) ‘‘nay’’ to ‘‘yea.’’ Coble Johnson (IL) Rodriguez Capito Hall (OH) McCarthy (NY) So the motion was agreed to. Collins Johnson, E. B. Rogers (KY) Capps Hall (TX) McCollum The result of the vote was announced Combest Johnson, Sam Rogers (MI) Capuano Hansen McCrery Condit Jones (NC) Rohrabacher Cardin Harman McDermott as above recorded. Cooksey Kanjorski Ros-Lehtinen Carson (IN) Hart McGovern A motion to reconsider was laid on Costello Kaptur Ross Carson (OK) Hastings (FL) McHugh the table. Cox Keller Rothman Castle Hastings (WA) McInnis MOTION TO INSTRUCT OFFERED BY MR. Cramer Kennedy (RI) Roukema Chabot Hayes McIntyre Crane Kerns Roybal-Allard BALDACCI Chambliss Hayworth McKeon Crenshaw Kilpatrick Royce Clay Hefley McKinney Mr. BALDACCI. Mr. Speaker, I offer Cubin King (NY) Rush Clayton Herger McNulty a motion to instruct conferees. Culberson Kingston Ryan (WI) Clement Hill Meehan The Clerk read as follows: Cummings Knollenberg Ryun (KS) Clyburn Hilleary Meek (FL) Mr. BALDACCI of Maine moves that the Cunningham Kolbe Sabo Coble Hilliard Meeks (NY) managers on the part of the House at the Davis (IL) LaHood Saxton Collins Hinchey Menendez Davis, Tom Lampson Scarborough Combest Hinojosa Mica conference on the disagreeing votes of the Deal Largent Schrock Condit Hobson Millender- two Houses on the Senate amendment to the DeLauro Larsen (WA) Scott Conyers Hoeffel McDonald bill H.R. 1 be instructed to agree to provi- DeLay Larson (CT) Sensenbrenner Cooksey Hoekstra Miller (FL) sions to fully fund part B of the Individuals DeMint Latham Serrano Costello Holden Miller, Gary with Disabilities Education Act for the pur- Diaz-Balart LaTourette Sessions Cox Holt Miller, George pose of providing every child with a dis- Dicks Leach Shadegg Coyne Honda Mink ability a free appropriate public education to Dooley Lewis (CA) Shaw Cramer Hooley Mollohan Doolittle Lewis (KY) Shays Crane Horn Moore the extent that the provision of such full Dreier Linder Sherman Crenshaw Houghton Moran (KS) funding will not result in an on-budget sur- Duncan Lipinski Sherwood Crowley Hoyer Moran (VA) plus that is less than the surplus in the Fed- Dunn LoBiondo Shimkus Cubin Hulshof Morella eral Hospital Insurance Trust Fund. Edwards Lowey Shuster Culberson Hunter Murtha MOTION TO TABLE OFFERED BY MR. BOEHNER Ehlers Lucas (KY) Simmons Cummings Hutchinson Nadler Ehrlich Lucas (OK) Simpson Cunningham Hyde Napolitano Mr. BOEHNER. Mr. Speaker, I move Emerson Manzullo Skeen Davis (CA) Inslee Neal to lay the motion to instruct conferees English Mascara Smith (MI) Davis (FL) Isakson Nethercutt on the table. Eshoo Matheson Smith (NJ) Davis (IL) Israel Ney The SPEAKER pro tempore (Mr. Everett Matsui Smith (TX) Davis, Jo Ann Issa Northup Farr McCrery Smith (WA) Davis, Tom Istook Norwood LAHOOD). The question is on the mo- Fattah McHugh Souder Deal Jackson (IL) Nussle tion to table offered by the gentleman Flake McInnis Spratt DeFazio Jackson-Lee Oberstar from Ohio (Mr. BOEHNER). Fletcher McIntyre Stearns DeGette (TX) Obey The question was taken; and the Foley McKeon Stenholm Delahunt Jefferson Olver Forbes Meehan Strickland DeLauro Jenkins Ortiz Speaker pro tempore announced that Fossella Meek (FL) Stump DeLay John Osborne the ayes appeared to have it. Frelinghuysen Meeks (NY) Stupak

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.005 pfrm01 PsN: H18PT1 H4130 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Sweeney Towns Watson (CA) FUNDING FOR IDEA XVIII, the Chair declares the House in Tancredo Traficant Watts (OK) Mr. BALDACCI. Mr. Speaker, this Tanner Turner Weldon (FL) the Committee of the Whole House on Tauzin Udall (CO) Weldon (PA) issue is a very important issue to al- the State of the Union for the further Taylor (NC) Upton Weller most every Member of this Chamber, if consideration of the bill, H.R. 2500. Terry Velazquez Whitfield not every Member of this Chamber, re- Thomas Visclosky Wicker b 1252 Thompson (MS) Vitter Wilson gardless of party. This issue of special Thornberry Walden Wolf education funding is something that we IN THE COMMITTEE OF THE WHOLE Tiahrt Wamp Young (AK) have worked at bipartisanly and in spe- Accordingly, the House resolved Tiberi Waters Young (FL) cial orders and after hours, and be- itself into the Committee of the Whole Toomey Watkins (OK) tween myself and the gentleman from House on the State of the Union for the NOES—126 New Hampshire (Mr. BASS) and many further consideration of the bill (H.R. Allen Green (TX) Millender- other Members on the other side of the 2500) making appropriations for the De- Baca Greenwood McDonald aisle, and it is something we all care partments of Commerce, Justice, and Baird Hall (OH) Miller, George Baldacci Harman Mink deeply about. State, the Judiciary, and related agen- Baldwin Hill Moore Twenty-six years ago, we promised to cies for the fiscal year ending Sep- Barcia Hilliard Moran (KS) fund 40 percent of the special education tember 30, 2002, and for other purposes, Barrett Hinojosa Nadler costs in our country, and we are now at with Mr. Hastings of Washington in the Bass Hoeffel Owens 14 percent. We will never have an op- Becerra Hoekstra Payne chair. Bentsen Holt Platts portunity, I believe, to be able to ad- The Clerk read the title of the bill. Bereuter Honda Rahall dress this issue, given the uncertain ec- The CHAIRMAN. When the Com- Berman Hooley Ramstad onomics and budgetary constraints Bilirakis Rehberg mittee of the Whole House rose on Inslee that have been placed before us and Tuesday, July 17, 2001, the amendment Blumenauer Israel Rivers Bonior Jackson-Lee Roemer that will be before us in the future. offered by the gentlewoman from Colo- Borski (TX) Sanchez We have no better time to address rado (Ms. DEGETTE) had been disposed Brown (OH) Jones (OH) Sanders this issue. This was an instruction to Capps Sandlin of and the bill was open for amendment Kelly Capuano Sawyer the conferees to go about fully funding from page 39, line 18, through page 39, Kennedy (MN) Cardin Schaffer special education costs. This is an issue Kildee line 24. Carson (OK) Schakowsky Kind (WI) which costs all of our States, regard- Clayton Schiff Pursuant to the order of the House of Kirk less of party and location, billions of Conyers Shows that day, no further amendments to Coyne Kleczka Skelton dollars in property tax payments by the bill may be offered except pro Crowley Kucinich Slaughter local citizens. This is something that LaFalce forma amendments offered by the Davis (CA) Snyder would have benefited, if it was fully Davis (FL) Langevin Solis chairman or ranking minority member DeFazio Lantos Stark funded, not just the disabled but the of the Committee on Appropriations or DeGette Lee Sununu nondisabled. their designees for the purpose of de- Levin Delahunt Tauscher I was disappointed that we did not bate, and amendments printed in the Deutsch Lewis (GA) Taylor (MS) have the opportunity for a free and Lofgren CONGRESSIONAL RECORD on that day or Dingell Thompson (CA) open discussion, but as most of the Doggett Luther Thune before, each of which may be offered Doyle Maloney (CT) Thurman Members know, this issue is not going only by the Member who caused it to Engel Maloney (NY) Tierney to go away. We will be bringing this be printed or his designee, shall be con- Etheridge Markey Udall (NM) issue back before us. We will be doing Evans McCarthy (MO) Watt (NC) sidered as read, shall not be subject to it in a bipartisan fashion, because we Ferguson McCarthy (NY) Waxman amendment, except pro forma amend- McCollum all know how important these issues Filner Weiner ments for the purposes of debate, and Ford McDermott Wexler are to local communities. Frank McGovern Woolsey In our State alone, we are looking at shall not be subject to a demand for a Gephardt McKinney Wu division of the question. Gonzalez McNulty Wynn trying to make up the difference of be- tween $100 million of special education The Clerk will read. NOT VOTING—11 The Clerk read as follows: costs and the $32 million that is being SEC. 104. None of the funds appropriated Brady (PA) Hinchey Riley provided, and that is $68 million in a Davis, Jo Ann Myrick Spence under this title shall be used to require any Gibbons Oxley Walsh small State like Maine, of a population person to perform, or facilitate in any way Goode Pitts of 1.2 million that are facing increased the performance of, any abortion. b 1246 property taxes and burdens that they SEC. 105. Nothing in the preceding section have to bear. We recognize sometimes shall remove the obligation of the Director Ms. MCCARTHY of Missouri and there is competition for those dollars of the Bureau of Prisons to provide escort Messrs. SUNUNU, DELAHUNT, KIRK, at the local level, and that places a lot services necessary for a female inmate to re- REHBERG, INSLEE, and FORD of those disabled families at a dis- ceive such service outside the Federal facil- changed their vote from ‘‘aye’’ to ‘‘no.’’ ity: Provided, That nothing in this section in advantage. any way diminishes the effect of section 104 Mr. SWEENEY, Mrs. NAPOLITANO, Mr. Speaker, I appreciate the cour- and Messrs. UPTON, SCOTT, SPRATT, intended to address the philosophical beliefs tesies that have been afforded, and of individual employees of the Bureau of TIAHRT, TOWNS and BARTLETT of look forward to working with the Mem- Prisons. Maryland changed their vote from bers on both sides of the aisle and in SEC. 106. Notwithstanding any other provi- ‘‘no’’ to ‘‘aye.’’ the Congress on this very important sion of law, not to exceed $10,000,000 of the So the motion to table the motion to issue. funds made available in this Act may be used instruct was agreed to. The SPEAKER pro tempore. Without to establish and publicize a program under The result of the vote was announced objection, the Chair appoints the fol- which publicly advertised, extraordinary re- as above recorded. wards may be paid, which shall not be sub- lowing conferees: Mr. BOEHNER, Mr. ject to spending limitations contained in A motion to reconsider was laid on PETRI, Mrs. ROUKEMA, Messrs. MCKEON, the table. sections 3059 and 3072 of title 18, United CASTLE, GRAHAM, HILLEARY, ISAKSON, States Code: Provided, That any reward of PERSONAL EXPLANATION GEORGE MILLER of California, KILDEE, $100,000 or more, up to a maximum of Mr. OXLEY. Mr. Speaker, on rollcall No. and OWENS, Mrs. MINK of Hawaii, Mr. $2,000,000, may not be made without the per- 236, on approving the Journal, and rollcall No. ANDREWS, and Mr. ROEMER. sonal approval of the President or the Attor- 238 on the motion to table the motion to in- There was no objection. ney General and such approval may not be delegated. struct conferees, I was unavoidably detained f while chairing a committee hearing to receive SEC. 107. Not to exceed 5 percent of any ap- Chairman Greenspan’s semi-annual testimony DEPARTMENTS OF COMMERCE, propriation made available for the current JUSTICE, AND STATE, THE JUDI- fiscal year for the Department of Justice in on the economy. Had I been present, I would this Act may be transferred between such ap- have voted ‘‘yes’’ on both motions. CIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2002 propriations, but no such appropriation, ex- (Mr. BALDACCI asked and was given cept as otherwise specifically provided, shall permisson to speak out of order for 1 The SPEAKER pro tempore. Pursu- be increased by more than 10 percent by any minute.) ant to House Resolution 192 and rule such transfers: Provided, That any transfer

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.007 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4131

pursuant to this section shall be treated as a hibition structures for use abroad; payment SALARIES AND EXPENSES reprogramming of funds under section 605 of of tort claims, in the manner authorized in For necessary expenses of administering this Act and shall not be available for obliga- the first paragraph of 28 U.S.C. 2672 when the economic development assistance pro- tion except in compliance with the proce- such claims arise in foreign countries; not to grams as provided for by law, $30,557,000: Pro- dures set forth in that section. exceed $327,000 for official representation ex- vided, That these funds may be used to mon- SEC. 108. Notwithstanding any other provi- penses abroad; purchase of passenger motor itor projects approved pursuant to title I of sion of law, $1,000,000 shall be available for vehicles for official use abroad, not to exceed the Public Works Employment Act of 1976, as technical assistance from the funds appro- $30,000 per vehicle; obtaining insurance on of- amended, title II of the Trade Act of 1974, as priated for part G of title II of the Juvenile ficial motor vehicles; and rental of tie lines, amended, and the Community Emergency Justice and Delinquency Prevention Act of $347,654,000, to remain available until ex- Drought Relief Act of 1977. 1974, as amended. pended, of which $3,000,000 is to be derived MINORITY BUSINESS DEVELOPMENT AGENCY SEC. 109. Section 286 of the Immigration from fees to be retained and used by the MINORITY BUSINESS DEVELOPMENT and Nationality Act (8 U.S.C. 1356), as International Trade Administration, not- amended, is further amended as follows: withstanding 31 U.S.C. 3302: Provided, That For necessary expenses of the Department (1) by striking in subsection (d) ‘‘$6’’, and $66,919,000 shall be for Trade Development, of Commerce in fostering, promoting, and inserting ‘‘$7’’; $27,741,000 shall be for Market Access and developing minority business enterprise, in- (2) by amending subsection (e)(1), by re- Compliance, $43,346,000 shall be for the Im- cluding expenses of grants, contracts, and placing ‘‘No’’ with ‘‘Except as provided in port Administration, $196,791,000 shall be for other agreements with public or private or- paragraph (3), no’’; and the United States and Foreign Commercial ganizations, $28,381,000. (3) by adding a new paragraph (e)(3) as fol- Service, and $12,857,000 shall be for Executive ECONOMIC AND INFORMATION INFRASTRUCTURE lows: Direction and Administration: Provided fur- ECONOMIC AND STATISTICAL ANALYSIS ‘‘(3) The Attorney General is authorized to ther, That the provisions of the first sentence SALARIES AND EXPENSES charge and collect $3 per individual for the of section 105(f) and all of section 108(c) of For necessary expenses, as authorized by immigration inspection or pre-inspection of the Mutual Educational and Cultural Ex- law, of economic and statistical analysis pro- each commercial vessel passenger whose change Act of 1961 (22 U.S.C. 2455(f) and grams of the Department of Commerce, journey originated in the United States or in 2458(c)) shall apply in carrying out these ac- $62,515,000, to remain available until Sep- any place set forth in paragraph (1): Provided, tivities without regard to section 5412 of the tember 30, 2003. That this authorization shall not apply to Omnibus Trade and Competitiveness Act of immigration inspection at designated ports 1988 (15 U.S.C. 4912); and that for the purpose Mr. SERRANO. Mr. Chairman, I of entry of passengers arriving by the fol- of this Act, contributions under the provi- move to strike the last word. Mr. lowing vessels, when operating on a regular sions of the Mutual Educational and Cul- Chairman, I rise for the purpose of an schedule: Great Lakes international ferries, tural Exchange Act shall include payment exchange with the chairman. or Great Lakes Vessels on the Great Lakes for assessments for services provided as part As the chairman knows, last night we and connecting waterways.’’. of these activities. had made an effort to make sure we This title may be cited as the ‘‘Department EXPORT ADMINISTRATION had informed all Members to be here of Justice Appropriations Act, 2002’’. OPERATIONS AND ADMINISTRATION when their amendment came up. How- TITLE II—DEPARTMENT OF COMMERCE For necessary expenses for export adminis- ever, as the gentleman knows, we an- AND RELATED AGENCIES tration and national security activities of ticipated coming to the floor at some- TRADE AND INFRASTRUCTURE DEVELOPMENT the Department of Commerce, including time around 3 or 3:30, and we are ahead RELATED AGENCIES costs associated with the performance of ex- of schedule, which is the good news. port administration field activities both do- OFFICE OF THE UNITED STATES TRADE The bad news is that there are some mestically and abroad; full medical coverage REPRESENTATIVE Members whose amendments are com- for dependent members of immediate fami- SALARIES AND EXPENSES lies of employees stationed overseas; em- ing up pretty soon who are on their For necessary expenses of the Office of the ployment of Americans and aliens by con- way to the Chamber now, so we are try- United States Trade Representative, includ- tract for services abroad; payment of tort ing to find out first of all how the gen- ing the hire of passenger motor vehicles and claims, in the manner authorized in the first tleman is doing, how the chairman is the employment of experts and consultants paragraph of 28 U.S.C. 2672 when such claims feeling this morning, and at the same as authorized by 5 U.S.C. 3109, $30,097,000, of arise in foreign countries; not to exceed time give them an opportunity to which $1,000,000 shall remain available until $15,000 for official representation expenses come. expended: Provided, That not to exceed abroad; awards of compensation to informers I am sure that the gentleman could $98,000 shall be available for official recep- under the Export Administration Act of 1979, join me in this repartee, and as soon as tion and representation expenses. and as authorized by 22 U.S.C. 401(b); pur- I find out what that means, I will use INTERNATIONAL TRADE COMMISSION chase of passenger motor vehicles for official use and motor vehicles for law enforcement it more often. SALARIES AND EXPENSES use with special requirement vehicles eligi- Mr. WOLF. Mr. Chairman, will the For necessary expenses of the Inter- ble for purchase without regard to any price gentleman yield? national Trade Commission, including hire limitation otherwise established by law, Mr. SERRANO. I yield to the gen- of passenger motor vehicles, and services as $68,893,000, to remain available until ex- tleman from Virginia. authorized by 5 U.S.C. 3109, and not to exceed pended, of which $7,250,000 shall be for in- Mr. WOLF. Mr. Chairman, out of con- $2,500 for official reception and representa- spections and other activities related to na- sideration, if somebody comes within tion expenses, $51,440,000, to remain available tional security: Provided, That the provisions until expended. the next 5 minutes, even if they miss of the first sentence of section 105(f) and all it, I would not be so strict. I think if DEPARTMENT OF COMMERCE of section 108(c) of the Mutual Educational they come in 2 hours, it would be a lit- INTERNATIONAL TRADE ADMINISTRATION and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out tle bit different. OPERATIONS AND ADMINISTRATION these activities: Provided further, That pay- Mr. SERRANO. I understand. For necessary expenses for international ments and contributions collected and ac- Mr. WOLF. Is this the gentleman trade activities of the Department of Com- cepted for materials or services provided as from Florida (Mr. HASTINGS) that the merce provided for by law, and for engaging part of such activities may be retained for gentleman from New York is speaking in trade promotional activities abroad, in- use in covering the cost of such activities, of? cluding expenses of grants and cooperative and for providing information to the public Mr. SERRANO. The gentleman from agreements for the purpose of promoting ex- with respect to the export administration ports of United States firms, without regard Florida (Mr. HASTINGS) and the gentle- and national security activities of the De- woman from New York (Mrs. to 44 U.S.C. 3702 and 3703; full medical cov- partment of Commerce and other export con- erage for dependent members of immediate trol programs of the United States and other MALONEY). families of employees stationed overseas and governments. So it is my understanding that in employees temporarily posted overseas; these two cases, as soon as they come, ECONOMIC DEVELOPMENT ADMINISTRATION travel and transportation of employees of we can go back and deal with those the United States and Foreign Commercial ECONOMIC DEVELOPMENT ASSISTANCE amendments, within reason? Service between two points abroad, without PROGRAMS Mr. WOLF. If the gentleman will regard to 49 U.S.C. 1517; employment of For grants for economic development as- yield further, that is right, yes. We are Americans and aliens by contract for serv- sistance as provided by the Public Works and ices; rental of space abroad for periods not Economic Development Act of 1965, as not trying to hurt anybody, obviously, exceeding 10 years, and expenses of alter- amended, and for trade adjustment assist- and I would want to be protected, since ation, repair, or improvement; purchase or ance, $335,000,000, to remain available until we did get here earlier for certain rea- construction of temporary demountable ex- expended. sons, maybe.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.012 pfrm01 PsN: H18PT1 H4132 CONGRESSIONAL RECORD — HOUSE July 18, 2001 It would be helpful, though, if maybe of America. Unfortunately, during the ment, a dwindling of time, and not a anyone is listening, if they are listen- 2000 census, we were unable to include concrete plan to go out and count these ing to the House debate and they had a critical group of Americans: Ameri- Americans abroad. This $2.5 million an amendment that was up, it would be cans, private citizens, living abroad. would allow them to have a trial run at helpful if the gentleman found the Americans abroad make huge con- counting them so that we could study Member and told them that we had tributions to our economy each year. the proper and best way to make sure moved a little faster. We are hoping to They encourage overseas expansion of that it is fairly and legally done. get home earlier than normally we American companies, improve exports, I want to compliment the fine work would have been able to get home, so help us to expand our trade opportuni- of my colleague, the gentleman from the longer we delay, the harder it will ties, and act as ambassadors to what Florida (Mr. MILLER), on this par- be. we as Americans are all about, our ticular effort. We have worked together We did accord two Members last American values. Unfortunately, al- in a bipartisan way. And I hope that night that opportunity. though these hardworking Americans the distinguished Chair of this appro- Mr. SERRANO. Mr. Chairman, the contribute so much to our Nation, al- priations subcommittee, the gentleman gentleman should rest assured it is not though they vote, although they pay from Virginia (Mr. WOLF), and the dis- our intent to hold up the process. As I taxes, these Americans were not in- tinguished ranking member, the gen- said, it is just that we are 2 hours and cluded in the 2000 census. tleman from New York (Mr. SERRANO), 15 minutes ahead of schedule, which is I strongly believe that these Ameri- will accept this amendment. the good news, but we are trying to get cans deserve to be counted. I have met We called the Census Bureau yester- just two folks over here, so we appre- with them from around the world, from day because the gentleman from Flor- ciate the gentleman’s understanding. the Arabian peninsula, to France, to ida (Mr. MILLER) had mentioned to me Mr. WOLF. Yes. Latin America. I have gotten their e- that this report was coming; and just The CHAIRMAN. The Clerk will read. mails, letters, and faxes. And what has last month the acting director of the The Clerk read as follows: impressed me the most is that, even Census Bureau said that the September BUREAU OF THE CENSUS though some have been living abroad report on counting Americans abroad, SALARIES AND EXPENSES for years, or even decades, they are and I quote, ‘‘will raise serious con- For expenses necessary for collecting, com- still proud to be Americans living cerns about the feasibility of counting piling, analyzing, preparing, and publishing abroad. It is very important that they them.’’ It sounds to me like the Census statistics, provided for by law, $169,424,000. are part of the great civic experience of Bureau is not asking how this can be PERIODIC CENSUSES AND PROGRAMS being part of our national census. done, but instead is once again looking If we truly want to embrace the glob- For necessary expenses related to the 2000 at the negative. decennial census, $114,238,000 to remain al economy, then we should keep better This allocation will show that we are available until expended: Provided, That, of track of these critically important serious that 10 years from now we want the total amount available related to the citizens. This legislation will provide these citizens counted and we want 2000 decennial census ($114,238,000 in new ap- $2.5 million for the Census Bureau to trial runs in between. We want this to propriations and $25,000,000 in deobligated use to begin planning a census for happen for the American citizens. It is balances from prior years), $8,606,000 is for Americans abroad by 2010. This is a important to our country, it is impor- Program Development and Management; necessary shift for this purpose. I be- tant to our global economy, and it is $68,330,000 is for Data Content and Products; lieve this effort is long overdue and $9,455,000 is for Field Data Collection and the fair and right thing to do. Support Systems; $24,462,000 is for Auto- that these Americans who offer so Mr. WOLF. Mr. Speaker, I rise in sup- mated Data Processing and Telecommuni- much to our Nation deserve to be port of the amendment. cations Support; $22,844,000 is for Testing and counted. My colleague, the gentleman from Evaluation; $3,105,000 is for activities related I want to remind all of the Members Florida (Mr. MILLER), has done an out- to Puerto Rico, the Virgin Islands and Pa- that while they may be living in standing job with regard to this issue. cific Areas; and $2,436,000 is for Marketing, France or Canada or Italy, they all He probably knows more about the Communications and Partnership activities. come from Michigan, Texas, and Cali- issue of the census than most Members AMENDMENT NO. 27 OFFERED BY MRS. MALONEY fornia; and many do in fact vote and will ever ever know. OF NEW YORK pay taxes in their home States, in all There will be a report, the gentleman Mrs. MALONEY of New York. Mr. our districts. from Florida has been on top of it; but Chairman, I offer an amendment. Finally, I would like to compliment in the interest of time we will deal The CHAIRMAN. The Clerk will des- the patriotism that many Americans with this issue, and we will accept the ignate the amendment. abroad have shown in their quest to be amendment. The text of the amendment is as fol- included in the census. Their love for Mr. MILLER of Florida. Mr. Chair- lows: our Nation has been an inspiration, and man, I move to strike the last word. Amendment No. 27 offered by Mrs. I am proud to offer this amendment on My colleague from New York is cor- MALONEY of New York: their behalf. I hope all of my col- rect, this has been a nonpartisan issue Page 47, line 22, after the dollar amount, leagues will support this commonsense and we have been working together for insert the following: ‘‘(reduced by amendment which will begin the proc- the past several years to try to figure $2,500,000)’’. out how to include overseas Americans Page 48, line 11, after the dollar amount, ess to ensure that all Americans are in- insert the following: ‘‘(increased by cluded in the census. in the census. $2,500,000)’’. Mr. Chairman, my colleague, the In 1990, they included Federal em- chairman of the Subcommittee on Cen- ployees, military, and people working b 1300 sus of the Committee on Government for the State Department or Agri- Mrs. MALONEY of New York. Mr. Reform, the gentleman from Florida culture Department, because we had Chairman, I rise today to offer an (Mr. MILLER), conducted numerous administrative records. The question is amendment for which there is strong very important hearings on the need to how do we count the others. And so we bipartisan support with my colleague, include Americans abroad. Last year, tried to do it in the 2000 census. Direc- the gentleman from Florida (Mr. MIL- because of his efforts, there was report tor Pruitt, who was the director under LER), on the other side of the aisle. language that included a demand that President Clinton, felt it was impos- This amendment would provide fund- the Census Bureau come forward with a sible at that late stage to include it. ing to begin planning to ensure that all plan. The problem is that the whole Our goal is to have them counted in Americans, including those living and time that I have been in Congress we the 2010 census. working abroad are counted. Last have been asking for this plan. Like Last year, in this appropriation bill, year’s census workers fanned out Moses, we could be in the desert for 40 we included language to require a re- across the Nation to count every single years if we do not have a plan. port by the end of September. I met American. Millions of Americans came They are supposed to come back with with the bureau again this morning, together to complete their census a plan in September. Yet I fear that it and I am assured we are going to have forms and provide us with a snapshot will be like the other plans, a state- a report how we come out doing it. It is

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.034 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4133 not an easy job, and that is how Direc- who really have a challenge on their have adequate funds to produce a spe- tor Pruitt explained the problem to us. hands. But we are going to do it be- cial report on the data from the serv- We are going to have a hearing again cause we have to do it. ice-based enumeration from the 2000 next week. Mr. GILMAN. Mr. Chairman, I rise in support census. While those data are included This gets to the question of who do of the amendment offered by the gentlelady in the tables that are currently being we count. Just because someone has a from New York, Representative MALONEY, to released, they are not in a form that is U.S. passport, but has not been to the allocate $2.5 million for the Census Bureau to easily accessible so that local govern- United States in 20 years and does not begin planning the portion of the 2010 Decen- ments can access this information. intend to, do they get counted? Those nial Census that will count Americans living In the 2000 census, the Census Bureau are the type of questions we will have abroad. made a major effort to count people to get resolved. Private sector Americans abroad won the with no usual residence. They counted So we are raising a lot of questions. opportunity to vote by absentee ballot over people at shelters, they counted people The goal is to having it done in 2010. I two decades ago, but they are still battling for at food kitchens, they counted people do not object to putting this amount in the right to participate in the Decennial Cen- at mobile food vans, and they counted this particular appropriation bill. I do sus. people on the streets. This effort is not know what the right amount is. I Somewhere between three and ten million similar to past censuses. What was dif- think the $2.5 million was an arbitrary private sector Americans live overseas. Tradi- ferent in 2000 was the Census Bureau’s number. The Bureau has given me as- tionally, they vote, they pay taxes, and own very important partnership program, surances in September they will have a homes in the USA. It stands to reason, then, which the chairman and I worked very more accurate number, whether it is that they should be included in the Decennial hard to implement. $500,000, $1.5 million, or $2 million; and Census. As one American abroad put it, ‘‘by As a result of the emphasis in 2000 on so in conference we can get the right excluding us from Census 2000, the U.S. gov- partnering with local governments and amount in there. ernment is telling us that our taxes count and community groups, the service-based But I agree with the gentlewoman our votes count, but that we as U.S. citizens enumeration was qualitatively dif- that we need to count them. I am glad do not.’’ ferent than in the past. Local commu- we are actually putting something in Regrettably, the Census Bureau has main- nities devoted considerable time and the appropriation bill to specifically tained an ‘‘out of sight, out of mind’’ attitude. resources to assisting the Census Bu- say we need to get them counted. And In an era of increasing globalization this per- reau in this count. In some cities the when we get the report in September, spective makes no sense. Americans abroad, local government provided blankets as and I hope it is more accurate or more as informal ‘’ambassadors’’ of the U.S., play a inducements to get people to cooperate representative than the gentlewoman vital role in exporting U.S. goods, services, ex- with the census. In other cities, local thinks, that we can move forward with pertise, and culture. citizens who knew the city were sworn it. This is something we are going to Americans abroad have begun to fight back in and went with the census takers to work together on, and I feel confident at the polls and in Washington, and they are facilitate the interviews. In nearly all that in conference we will get the right finding some very receptive ears. Led by the cities, local governments were active dollar amount. However, as I say, I House Committee on the census, a strong bi- partners in this operation. And, in fact, have no objection to including this partisan consensus has emerged on Capitol one night the chairman and I went out amendment. Hill to enumerate U.S. citizens overseas. to count the homeless together with Mrs. MALONEY of New York. Mr. In fact, I have introduced legislation ensur- the bureau. Chairman, will the gentleman yield? ing that all Americans living abroad are in- Consequently, those local govern- Mr. MILLER of Florida. I yield to the cluded in the Decennial Censuses. The U.S. ments are interested in seeing the re- gentlewoman from New York. government has done U.S. citizens overseas a sults of their efforts. The data provided Mrs. MALONEY of New York. Mr. great disservice by treating them as ‘‘invis- in the first census data released do not Chairman, I would like to first of all ible,’’ and it’s high time that we recognize that allow governments that opportunity. thank the distinguished chairman for Americans abroad do count. Instead, it is nearly impossible to sort accepting this amendment; and to my Accordingly, I look forward to working with out the results of this operation from distinguished colleague, the gentleman Congresswoman MALONEY on this important the current data. At one point I was from Florida (Mr. MILLER), I wish to issue throughout this Congress, and I urge all told that the Census Bureau had de- thank him for all of his hard work on of our colleagues to support this amendment. cided not to release these data because this. And from the bottom of my heart, The CHAIRMAN. The question is on of the poor quality of the data. I am and sincerely, I sincerely wish he were the amendment offered by the gentle- pleased to report that these data will not retiring at the end of the term. The woman from New York (Mrs. be released in a special report this fall. gentleman has been a distinguished MALONEY). This amendment is to ensure that suf- leader on many, many issues, particu- The amendment was agreed to. ficient funds are available to produce larly the census. AMENDMENT NO. 29 OFFERED BY MRS. MALONEY that report. But I know that 10 years from now I OF NEW YORK I would like to make two other com- will probably still be here, and they are Mrs. MALONEY of New York. Mr. ments about these data: first, there has going to be yelling their heads off at Chairman, I offer an amendment. been some confusion about what these The text of the amendment is as fol- me saying, You and DAN MILLER said data represent. It is often convenient lows: you would take care of it. So I am glad to call these data ‘‘the data on the the gentleman is taking a continued Amendment No. 29 offered by Mrs. homeless.’’ Those who advocate on be- MALONEY of New York: leadership role to be sure that by 2010 Page 48, line 1, after the dollar amount, in- half of those who find themselves with- we have a viable plan that will work, sert the following ‘‘(increased by $500,000)’’. out adequate shelter bristle at this that will have strong standards that Page 48, line 14, after the dollar amount, suggestion, and they are correct in everyone understands, that are fair, insert the following: ‘‘(reduced by $500,000)’’. doing so. In the 2000 census, the Census and really represent the interests of Mrs. MALONEY of New York. Mr. Bureau counted a little more than our country and the interests of our Chairman, I rise to amend the fiscal 280,000 people in shelters and at soup citizens. year 2002 appropriations of the U.S. kitchens and on the streets. No one I thank the gentleman so much, and Census Bureau. should delude themselves that this is congratulations on accepting it. On Monday night, I appeared before an accurate count of the homeless. Mr. MILLER of Florida. Mr. Chair- the Committee on Rules on behalf of In fact, it was the release of these man, reclaiming my time, as the gen- myself and the gentleman from Ohio data in 1990 at the track level that tlewoman knows, we have had our dif- (Mr. KUCINICH) to ask that this amend- showed just how clearly the count did ferences on other issues with regard to ment be protected from a point of not represent reality. Here in Wash- the census, but this is certainly one we order. That committee did not grant ington, D.C., the track that includes have had agreement on. my request. the White House and the Capitol, and It is a frustration that we share with My intent, Mr. Chairman, was to the stretch of Constitution Avenue and the real professionals of the bureau make sure that the Census Bureau Pennsylvania Avenue in between,

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.039 pfrm01 PsN: H18PT1 H4134 CONGRESSIONAL RECORD — HOUSE July 18, 2001 showed a street population of 41. The I rise in strong support of the collected by the government. They also track adjacent to the White House, Maloney-Kucinich amendment to en- believe that the staff hours that went which includes McPherson Square, sure that the Census Bureau has suffi- into this count would be an utter waste showed a street population of zero. One cient funds to produce a special report of time and resources if the results only has to walk through these areas on the data collected for the 2000 Cen- were not published in a forum useful to to understand the inadequacies of these sus from the service because of the local communities. counts. enumeration and targeted nonshelter I urge my colleagues to support this This is not a good reason to suppress outdoor location programs. amendment and provide your local gov- these data. I am pleased that the Cen- As the gentlewoman from New York ernments access to the information sus Bureau is issuing a special report (Mrs. MALONEY) explained, for the 2000 collected on people living in shelters on the service-based enumeration. That census local governments and homeless and on the street. report can clearly describe just what advocacy groups across the country in Homelessness is a serious problem in these data do and do not represent. a unique partnership with the Census this country. All of us know that it has Our country is founded on the prin- Bureau invested resources in counting many manifestations: people living on ciple of free and open access to infor- Americans sleeping in shelters, eating the street, people living in cars, people mation. We have a long history of at soup kitchens and living on the living under bridges, people assigned to struggling against totalitarian regimes street. The Census Bureau has decided homeless shelters, people living in gov- that would rather keep their citizens in not to show the count of people living ernment-sponsored shelter. But for all the dark. It would be a tragic turn of in shelters and people living on the of the work that the Census Bureau did events if our census, which is at the streets separately. People counted on in its last enumeration, I think it is constitutional center of our Federal in- the street will be lumped in with peo- important and essential that this Con- formation system, were not open to the ple living in other noninstitutional gress and the people of the United public. Suppressing information should group quarters, which are dormitories States have the ability to have the never be a substitute for educating the or other places that people live that exact data that was gathered by the public. are not operated by the government. Census Bureau, to have that informa- Mr. Chairman, my amendment re- Local governments and community tion made public. duces the appropriations for other peri- groups expected to learn the results of We actually paid for it. There ought odic censuses and programs by $500,000 this collection. However, the data cur- to be freedom of information for the and increases the appropriations for rently provided by the Census Bureau public. Then it is up to us to determine data content and products by the same is not in a format useful to local gov- how to interpret that information. But amount. I urge my colleagues to sup- ernments. It is encouraging to learn to withhold the information or to say port this amendment. that the Census Bureau would be re- it might be misinterpreted really is to Mr. MILLER of Florida. Mr. Chair- leasing a special report this fall show- lose an opportunity to get a broader as- man, I rise in opposition to the amend- ing some data collected through the sessment of the picture of homeless- ment. Let me read a letter signed by the serviced-based enumeration. ness in this country. Our amendment will provide ade- Mr. Chairman, I appreciate the op- National Alliance to End Homeless- quate funding for the production of the portunity to work with the gentle- ness, the National Coalition for the report. I strongly urge the Census Bu- woman from New York (Mrs. MALONEY) Homeless, and the National Law Center reau to include in the report all on this. on Homelessness and Poverty. They tracked level data collected by the Mrs. MALONEY of New York. Mr. say: ‘‘We write to expression support Census Bureau through the targeted Chairman, will the gentleman yield? for the U.S. Census Bureau’s decision nonshelter outdoor locations and other Mr. KUCINICH. I yield to the gentle- not to release a separate homeless service-based enumeration programs. woman from New York. count in this 2000 census.’’ Only data provided at the local geo- Mrs. MALONEY of New York. Mr. b 1315 graphic level will enable communities Chairman, I thank the gentleman for National advocates worked closely to determine what services are needed yielding, and I place in the RECORD with the Census Bureau during the by residents of their community. statements by local homeless advo- planning and implementation of the I would like to clarify that the data cates who want to see the numbers. I 2000 Census to help ensure that people gathered on people staying in shelters could read it, but I will place it in the without housing would be counted. and living on streets is not intended to RECORD. We believe that people without hous- be interpreted as an official govern- CENSUS: LOCAL HOMELESS ADVOCATES WHO ing should be counted by the Census for ment count of the homeless. I can un- WANT TO SEE THE NUMBERS the same reason that people with hous- derstand the concern of some of the na- ‘‘Who are they safeguarding?’’ asked Ron ing should be counted. tional groups who would believe that it Reinhart, director of the Salvation Army’s They also go on to say, however, ad- would be interpreted as an official PASS Program in Cleveland. ‘‘They don’t vocates also urge the Census not to re- count of the homeless. But due to the want people to know what a poor job they lease a separate count. They go on to great difficulty in locating people liv- did.’’ (Census Keeps Lid on Homeless Num- bers, Cleveland, the Plain Dealer, 6–21–01.) say, in addition, a separate homeless ing on the street, under bridges and in Brian Davis, head of the Northeast Ohio count would be highly misleading be- cars, we understand that these figures Coalition for the Homeless, helped count the cause in most cases homelessness is will not be an accurate count of the homeless in 1990, when Census officials tried not a permanent condition but a state homeless. But I think it is important to do it all in one day. He said the 2000 count of extreme poverty marked by tem- to get some sense of what the Census was much improved, but not without major porary lack of housing. People move in Bureau was able to find in their sur- problems. ‘‘It’s important to have these and out of homelessness throughout veys. numbers,’’ Davis said. ‘‘There are 1,600 [shel- time such that more people will experi- We owe it to local government and ter] beds in Cleveland. And all the beds are community groups which spent days usually full. You should get at least 1,600 ence homelessness over the course of homeless people.’’ (Census Keeps Lid on time than any other point of time. assisting census takers in this effort to Homeless Numbers, Cleveland, the Plain So for that reason, the people who make the information public. Dealer, 6–21–01.) know more about this than anybody I have been contacted by local home- ‘‘It really doesn’t make any difference to else, the National Alliance to End less advocacy groups in my congres- us when the census numbers come out. But it Homelessness, the National Coalition sional district in Cleveland, Ohio, urg- does strike me as being extremely weird,’’ for the Homelessness and the National ing the release of this data. One group, said John Suggs, executive director of the Law Center on Homelessness, oppose it. the Northeast Ohio Coalition for the Presbyterian Night Shelter of Tarrant Coun- Homeless, assisted the Census Bureau ty, near downtown Fort Worth. ‘‘They had a We urge the rejection of the Maloney lot of people here counting the homeless peo- amendment. by holding a service fair to increase the ple inside and outside the shelter. Why do all Mr. KUCINICH. Mr. Chairman, I number of homeless people counted. As of that work and not share it with the pub- move to strike the requisite number of a publisher of a street newspaper, they lic?’’ (After Costly Count, Census Skips words. support the release of the information Homeless; Report to Reflect Only People in

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.041 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4135 Shelters, News Section, page 1 Fort Worth communities worked with the Census Mr. Chairman, there is a need for Star-Telegram, 6–23–01.) Bureau to make this count happen. this, and I appreciate the assistance of Tillie Burgin, director of Mission Arling- In 1990, Congress worked with the the gentleman from Missouri (Mr. ton, also questioned the decision to withhold Census Bureau to assure that any time the numbers. ‘‘We don’t depend on stats,’’ CLAY). she said. ‘‘However, the folks are expecting the street and shelter counts were pub- Mr. CLAY. Reclaiming my time, that whole truths from the census.’’ (After Costly lished they were accompanied with the is what the census is about, how we ac- Count, Census Skips Homeless; Report to Re- appropriate caution that these num- tually count those in the different flect Only People in Shelters, News Section, bers should not be taken as a count of communities. As the gentleman said, page 1 Fort Worth Star-Telegram, 6–23–01.) the homeless. That was a successful co- local governments and community ‘‘I’d rather have [the numbers] now. It’s al- operative effort, and to my knowledge groups want to know how many people most been a year since we’ve done it,’’ said those numbers have not been misused. actually exist in their communities. Candis Brady, communications director for Nonetheless, some of the groups who Mr. KUCINICH. Mr. Chairman, will the 700-bed Shelter for the Homeless in Mid- advocate on behalf of the homeless the gentleman yield? way City, Calif. ‘‘It could help in getting Mr. CLAY. I yield to the gentleman funding for programs.’’ (Census Policy on worry that the publication of the 2000 Homeless Draws Criticism, Midway City, CA, census numbers from the street and from Ohio. Associated Press, 6–27–01.) shelter count will be misused. Con- Mr. KUCINICH. Mr. Chairman, in Leslie Leitch, director of Baltimore’s Of- sequently, the Census Bureau included Midway City, California, a communica- fice of Homeless Services, said she also those counts with other categories in a tions director for a 700-bed shelter for thought the census was going to release way so they could not be separated out. the homeless said it could help in get- more detailed figures. Now, she said, her city The acting director of the Census Bu- ting funding for the programs. She may have to go out and do their own survey reau told me that these numbers would stated, ‘‘I would rather have the num- of people in soup kitchens and living on the be published in a separate report this bers now. It has been a year since we streets. (Census Policy on Homeless Draws fall. This amendment will provide the have done it.’’ Criticism, Baltimore, Associated Press, 6–27– Mr. MILLER of Florida. Mr. Chair- 01.) resources necessary for that special re- ‘‘Here in Seattle, we worked hard to get port, and I applaud the Census Bureau man, I move to strike the requisite people to cooperate with the census, and we for taking this approach. I am sure number of words. would support releasing more information,’’ that this report will contain the same Mr. Chairman, I rise in opposition to said D’Anne Mount, spokeswoman for the Se- cautions as 1990. These data should not the amendment. I commend the gen- attle strategic planning office. (Numbering be used as a count of the homeless. tleman from Ohio for his concern on the Homeless, Associated Press, 6–29–01.) At the same time, the special report this issue, because we are concerned Still Tavares [Columbus City Council- about getting the most accurate count woman] says there has to be a better way. will give local governments and com- munity groups a way of evaluating on the homeless. ‘‘By not having the numbers, we’re missing Mr. Chairman, the 2000 census is the out on dollars that would come back . . . for their efforts. We all realize that the homeless programs, child care, funding for 2000 census count is seriously flawed, most accurate census in the history of education, emergency food services, trans- but the only way to improve on that this country. We counted almost 99 portation and many more,’’ Tavares said. count is to make it public and to enlist percent. It is very successful. ‘‘These are living, breathing citizens in our the efforts of all involved in improving On this particular issue, the profes- community.’’ (City Won’t Get True Homeless those data in the next census. sionals at the Bureau and the leading Count: Census Numbers to Include Only Mr. Chairman, I ask my colleagues to advocates on homeless in Washington Those at Shelters, Dispatch.com, 7–17–01.) support this amendment so we can con- here are opposed to this amendment. I Mr. KUCINICH. Reclaiming my time, tinue to improve uncounted persons find it ironic in a way that during the the gentlewoman is correct. I have a with no usual place to live. We cannot past years of debate with the gentle- letter here from the Northeast Ohio bury our heads in the sand and pretend woman from New York (Mrs. MALONEY) Coalition for the Homeless which sup- this problem does not exist. on issues with respect to the census, ports the release and the number of Mr. KUCINICH. Mr. Chairman, will she said trust the professionals of the people counted during the census as the gentleman yield? Bureau. Well, let us trust the profes- stated in the Maloney-Kucinich amend- Mr. CLAY. I yield to the gentleman sionals of the Bureau. ment to H.R. 2500. from Ohio. This is not accurate information to Mr. CLAY. Mr. Chairman, I move to Mr. KUCINICH. Mr. Chairman, I release, and that is why the Bureau is strike the requisite number of words. thank the gentleman for his support of opposed to it. Our experience with the Mr. Chairman, I support the the Maloney-Kucinich amendment and 1990 census was that when the numbers Maloney-Kucinich amendment to pro- to point out that all across the Nation are presented in the way that the vide the funds necessary for a special we have had homeless advocates who amendment would require, the home- report on the counts from a Census 2000 have stated concern about this issue less population and their service pro- program called the Service Based Enu- that we have raised. viders are hurt more than they are meration. A Columbus city councilwoman stat- helped. The people counted during One of the significant improvements ed, ‘‘By not having the numbers, we are these operations are already included in the 2000 census was the way the Cen- missing out on dollars that would come in the population counts for all areas, sus Bureau reached out to local govern- back for homeless programs, child but it would be misleading to say this ments to improve the census count. care, funding for education, emergency is an accurate representation of the This was good for the census and good food services, transportation and many homeless population. for the communities. more. These are living, breathing citi- In fact, Mr. Chairman, contrary to Nowhere was that partnership more zens in our community.’’ That was re- popular belief, the Census Bureau did evident than in the effort to count peo- ported on the Columbus Dispatch.com. not intend to have a, quote, ‘‘home- ple who during the census had no usual Mr. Chairman, D’Anne Mount, less’’ count in 1990. However, because of place to live. Some of those people spokeswoman for the Seattle Strategic the way the numbers were released in were sleeping in shelters. Some were Planning Office, said, ‘‘Here in Seattle, 1990, people thought that the Bureau sleeping on the street. Some were we worked hard to get people to co- was releasing a homeless count. Home- sleeping in cars or in buildings that the operate with the census, and we would less groups were up in arms over the Census Bureau considered vacant, and support releasing more information.’’ release of this information in 1990. the census counted those people at In Baltimore, from the Associated That is why three of the most promi- soup kitchens and mobile food vans. Press, Leslie Leitch, director of Balti- nent homeless organizations in the Na- To make this count of a special popu- more’s Office of Homeless Services, tion agree with the Census Bureau pro- lation happen, local governments and said that she thought that the census fessionals and would like to see this community groups donated time, en- was going to release more detailed fig- amendment defeated. ergy and money to the census. In some ures. Now she says her city may have These homeless advocates do not communities, counting this special to go out and do their own survey of want to see the mistake of 1990 re- population was a major undertaking. people in soup kitchens and living on peated again, a mistake that they be- In others, it was a modest effort. Most the street. lieve hurt the homeless cause in our

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.017 pfrm01 PsN: H18PT1 H4136 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Nation. These groups, the National Co- with a special interest group and then ation, mindful of the time constraints alition for the Homeless, the National decided not to publish the numbers. that are involved. Alliance to End Homelessness and the This is one homeless group. The gen- For the past year, the entire South National Law Center for the Homeless, tleman from Ohio (Mr. KUCINICH) and I Florida community has fallen victim have written a letter which is available have a list of other groups that would to an ongoing drought. While larger, on their website pleading that this in- like this information. What if it had wealthier communities have been able formation not be released. been the NRA? What if it had been to survive, smaller, poorer cities and They note that we cannot take a NOW? What is the difference? towns have merely scraped by on sav- snapshot of the homeless population Mr. MILLER of Florida. Reclaiming ings that no longer exist. Without the and report it as an accurate number, as my time, since January 20, the elec- immediate assistance of the Federal is the way that the census enumeration tion, there is no political appointees at Government, these communities will works. That is not to say that these the Census Bureau. They are all profes- find themselves facing extinction. people were widely missed, rather than sionals. The acting director of the Cen- Small towns located on the shores of enumerated in categories that may not sus Bureau is a career person with the Lake Okeechobee, that my good friend lead themselves to be identified as Federal Government. There are no po- the gentleman from Florida (Mr. homeless. litical people at the Census Bureau. FOLEY) and I represent, such as the In 1990, the Census Bureau released This is not a political issue. These are city of Pahokee, depend on a tourist in- these numbers in the manner described the professionals at the Bureau that dustry that attracts thousands of rec- in this amendment. The result was a say, ‘‘Don’t release these numbers be- reational boaters, who travel inland storm of concerns over the decades cause they are not accurate numbers.’’ from the coasts to enjoy the lake as from homeless advocates that saw And the professionals say, ‘‘We don’t well as the local restaurants and shops. their funding disappear because of have a homeless count.’’ In addition, the city’s growing com- what they felt, and the Bureau agreed, And so the homeless people do not mercial fishing industry has come to a was a low estimate of the population want to have numbers misinterpreted. standstill. In fact, fishermen’s boats making use of these their services. They are inaccurate. I trust the profes- are unable to even make it to the sionals in this case. The gentlewoman water which has evaporated so much b 1330 has always been a big supporter of the that its nearest point of entry is 11⁄2 The Bureau decided to revise their professionals. In this case I think we miles inland. Both recreational and reporting for the 2000 census during the should accept what the professionals fishing boats docked at Pahokee’s city final days of the Clinton administra- are saying. It is not political because marina now lie on their sides against tion. They did this in consultation there are no political people at the what used to be the floor of the city’s with homeless advocates; and, in fact, Bureau. marina. the Commerce Secretary’s 2000 Census The CHAIRMAN. The question is on The City of Pahokee is in dire need of Advisory Committee reported in 1999 the amendment offered by the gentle- $250,000 in Federal assistance to dredge that the homeless numbers should not woman from New York (Mrs. the city marina. This project will pro- be released in the same manner as 1990 MALONEY). vide immediate assistance to the busi- for the reasons mentioned above. The question was taken; and the nesses that depend on the marina as a The Bureau currently plans to Chairman announced that the noes ap- deeper marina will be able to recover produce a more informative report on peared to have it. from the drought at a quicker pace the results of the service-based enu- Mrs. MALONEY of New York. Mr. than a shallower one. The State of meration and release that report in the Chairman, I demand a recorded vote. Florida has agreed to pay for half of fall. The CHAIRMAN. Pursuant to clause the project, but Pahokee is unable to This report will be ready by the fall 6 of rule XVIII, further proceedings on recover the remainder of the costs. of 2001 and will provide data on this the amendment offered by the gentle- Just this morning, I received a copy population at the national level and at woman from New York (Mrs. MALONEY) of a letter from Florida Governor Jeb a subnational level. This report will will be postponed. Bush urging the Small Business Ad- also note the limitations of the census AMENDMENT NO. 18 OFFERED BY MR. HASTINGS ministration to declare the counties in measuring this highly transient pop- OF FLORIDA surrounding the gentleman’s from ulation. Mr. HASTINGS of Florida. Mr. Chair- Florida (Mr. FOLEY) and my district’s We should respect the judgment of man, I offer an amendment. area a disaster area. I am confident the professionals at the Census Bureau The CHAIRMAN. The Clerk will des- with the leadership of the gentleman and the homeless advocates and not ignate the amendment. from Virginia and the gentleman from mandate the release of unreliable, in- The text of the amendment is as fol- New York I can go home and tell the accurate numbers. lows: people of Pahokee that help is on the We should defeat this amendment Amendment No. 18 offered by Mr. HASTINGS way. and support the National Alliance to of Florida: Mr. WOLF. Mr. Chairman, will the End Homelessness, the National Coali- Page 45, line 21, after the dollar amount, insert the following: ‘‘(reduced by $250,000)’’. gentleman yield? tion for the Homeless, and the National Page 46, line 16, after the dollar amount, Mr. HASTINGS of Florida. I yield to Law Census on Homelessness and Pov- insert the following: ‘‘(increased by $250,000, the gentleman from Virginia. erty. We need to support the homeless. for a grant to the City of Pahokee, Florida Mr. WOLF. Mr. Chairman, I appre- That is the reason this amendment is to assist in the dredging on the City Ma- ciate the gentleman bringing this issue not appropriate and we should defeat rina)’’. to our attention. We would want to it. Mr. WOLF. Mr. Chairman, I reserve a work with both of the gentlemen from Mrs. MALONEY of New York. Mr. point of order. Florida to find the most appropriate Chairman, will the gentleman yield? The CHAIRMAN. The gentleman way to assist this community. Mr. MILLER of Florida. I yield to the from Virginia reserves a point of order. Mr. HASTINGS of Florida. Reclaim- gentlewoman from New York. Mr. HASTINGS of Florida. Mr. Chair- ing my time, I thank the gentleman for Mrs. MALONEY of New York. Mr. man, I am willing to concede the point his kindness and look forward to work- Chairman, I do rely on the Census Bu- of order and withdraw my amendment, ing with him. reau to give us the information. I know but first I would like to engage in a Mr. SERRANO. Mr. Chairman, will that last year as the chairman of the colloquy with the distinguished chair- the gentleman yield? Subcommittee on Census, the gen- man of the committee, the gentleman Mr. HASTINGS of Florida. I yield to tleman from Florida was very con- from Virginia; and the distinguished the gentleman from New York. cerned about political manipulation of ranking member the gentleman, from Mr. SERRANO. Mr. Chairman, I also the census data. I wonder if he would New York; and my good friend, the appreciate and applaud the good work comment on whether or not this situa- gentleman from Florida (Mr. FOLEY). I that the gentleman from Florida has tion is an example of political manipu- thank particularly the chairman and been doing to assist the small commu- lation. The Census Bureau consulted the ranking member for their consider- nities in his district. I assure him that

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.047 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4137 I want to help him find the appropriate AMENDMENT NO. 28 OFFERED BY MRS. MALONEY York. That is in part because New way to assist this community. I will OF NEW YORK York’s data has been released, and de- join the gentleman from Virginia and Mrs. MALONEY of New York. Mr. tailed data for other States with large him in accomplishing this. Chairman, I offer an amendment. Hispanic population have not yet been Mr. HASTINGS of Florida. Mr. Chair- The CHAIRMAN. The Clerk will des- released. California, for instance, con- man, reclaiming my time, I thank the ignate the amendment. tains a third of the U.S. Hispanic popu- gentleman. This issue is a bipartisan The text of the amendment is as fol- lation and is itself almost a third His- lows: issue. It is one that affects the lives of panic. It is quite likely that when the thousands in South Florida. Amendment No. 28 offered by Mrs. data for California is released, we will MALONEY of New York: Mr. Chairman, I yield to my good Page 48, line 3, after the dollar amount, in- see similar problems there. The data friend and neighbor, the gentleman sert the following: ‘‘(increased by for Texas, which contains almost 7 mil- from Florida (Mr. FOLEY), who has $2,000,000)’’. lion Hispanics, have not yet been re- worked so hard with me to restore the Page 48, line 14, after the dollar amount, leased. And so we have not yet seen the livelihood of those living in the com- insert the following: ‘‘(reduced by detail on Hispanic subgroups. munities around Lake Okeechobee. $2,000,000)’’. Mr. Chairman, we owe it to the His- Mr. FOLEY. Mr. Chairman, I thank Mrs. MALONEY of New York. Mr. panic groups that worked so hard to the gentleman from Florida (Mr. Chairman, I rise on behalf of myself make sure that the 2000 census was a HASTINGS) and, of course, the gen- and the gentleman from New York (Mr. good census to provide the best pos- tleman from Virginia (Mr. WOLF) and RANGEL) to amend the fiscal year 2002 sible data on Hispanic subgroups. I the gentleman from New York (Mr. appropriations for the U.S. Census Bu- hope that my colleagues will join me in SERRANO) for their participation today. reau. making sure that this happens by sup- When people think of Palm Beach The Census Bureau changed the ques- porting the amendment that the gen- tion on Hispanic origin in the 2000 cen- County, they immediately think of tleman from New York (Mr. RANGEL) sus; and as a result, our ability to polo fields in Palm Beach and Worth and I are putting forward. Avenue; but the gentleman from Flor- measure changes in subgroups of His- Mr. RANGEL. Mr. Chairman, will the panics has been severely hindered. This ida (Mr. HASTINGS) and I well know gentlewoman yield? that the people living in the Glades amendment is to provide the funds nec- Mrs. MALONEY of New York. I yield area are struggling. Lake Okeechobee, essary for the Census Bureau to create to the gentleman from New York. accurate counts of subgroups of His- the largest lake on the Eastern Sea- Mr. RANGEL. Mr. Chairman, what panics from the 2000 census. board, is in fact experiencing its worst we are trying to do is to get support of In the 2000 census, the question on not having a recount but in having a drought in memory. Hispanic origin had a subtle change We are not just talking about more specific classification of the com- from 1990 that produced a profound re- Pahokee. We are talking about Okee- munities that have just been lumped sult. In 1990, the category ‘‘other His- chobee, Buckhead Ridge, Canal Point, together. As we all know, the Hispanic panic’’ was followed by a line that said, community is showing the greatest Clewiston, Moore Haven, Harlem, ‘‘Print one group, for example, Argen- population growth than any other Lakeport, Belle Glade, all people who tinian, Colombian, Dominican, Nica- group. A part of our responsibility is derive the livelihood and the ability to raguan, Salvadorian, Spaniard, and so not just to count people by a label, no feed their families from this precious on.’’ In 2000, these groups were given more than we would be comfortable in resource, Lake Okeechobee and its only the instruction, ‘‘Print group.’’ As counting Europeans, not taking into tributaries. I salute the gentleman a result, the number of persons who consideration whether they are French from Florida (Mr. HASTINGS) for com- marked ‘‘other’’ and did not write in a or German or Irish; but the most im- ing to the floor today and making this particular group went up and the dramatic point of how much we need counts for these other Hispanic groups portant thing, it would seem to me, is help. Governor Jeb Bush, as he men- do not reflect the actual increase in that we should be trying to find some tioned, has sent a letter urging our col- population that occurred between 1990 way to get the information that we can leagues to join with us in this very im- and 2000. more properly allow this group to as- portant pledge to help these small com- Let me give my colleagues a few ex- similate into our community, into our munities around the lake. amples of the confusion this change country, and to be as productive as Again I thank both the gentleman caused. The Census Bureau has re- they can be. from New York (Mr. SERRANO) and the ported that the population of Hispanics As we all know, the census data is gentleman from Virginia (Mr. WOLF) grew by 58 percent between 1990 and used not only to designate the type of for their attention to this. And, of 2000. That may be, but the number of programs that we want but are used to course, I commend the gentleman from Nicaraguans declined almost 15 per- define what type of school districts we Florida (Mr. HASTINGS) for bringing cent. The number of Panamanians de- should have, what political subdivi- this to Congress’ immediate attention. clined from 92,000 in 1990 to 91,000 in sions there should be for those who Mr. HASTINGS of Florida. Mr. Chair- 2000. At the same time these groups want to run for city office or State of- man, reclaiming my time, I would just supposedly declined, the number of fice or indeed the reapportionment for like to once again thank the distin- ‘‘other’’ Hispanics of which Panama- the United States Congress, and should guished chairman, the gentleman from nians and Nicaraguans are a subgroup, take into consideration the back- Virginia, and the distinguished ranking grew threefold from 2 million to 6 mil- ground, culture, and languages of the member, the gentleman from New lion. people that come from that commu- York, for all their help on this impor- In short, there are problems with nity. So what we are asking is to rear- tant issue to the people of South Flor- comparing the 1990 and 2000 census range it so the resources will be there ida. I would also like to thank the gen- data on Hispanics. This problem can be for the Census Bureau to give us a tleman from Florida (Mr. FOLEY) for taken care of, to a large extent, by clearer understanding of who we call joining me on the floor today in sup- using data on the long form to revise Hispanic. port of this project. I look forward to the counts of Hispanic subgroups. This Mr. WOLF. Mr. Chairman, I move to working with the gentleman in the was done in 1990 and could be done strike the last word. coming weeks on this and many other again in 2000. The long form collects Mr. Chairman, I rise in opposition to issues affecting the people of South data on place of birth and ancestry the amendment. It is also, I can tell Florida and this Nation. which can be used to augment the His- Members, a flawed amendment because Finally, I would like to say to the panic origin data to provide a more ac- it does not do anything. It just kind of people of Pahokee, help is on the way. curate count of Hispanic subgroups. moves money around without having Mr. Chairman, I withdraw my amend- The funds transferred in this amend- any kind of stream of thought to it. ment. ment should provide ample resources The amendment would again move The CHAIRMAN. Without objection, for correcting these data. funding from various census appropria- the amendment is withdrawn. Some have suggested that this is an tion accounts to other accounts in a There was no objection. issue that is of interest only to New very, very confusing way.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.051 pfrm01 PsN: H18PT1 H4138 CONGRESSIONAL RECORD — HOUSE July 18, 2001 I understand what the gentlewoman ences, and to bring them into society on the short form. This would be un- and the gentleman are trying to do, and bring them into politics. If one precedented and change a basic Census but the professionals have made a deci- thinks that makes some sense and has Bureau policy. sion and many believe that this would to be worked out, I would appreciate it The overall count on Hispanics is not be the camel’s nose under the tent, the if the gentleman would consider put- in question. In fact, it is the best count slippery slope. Although the 2000 cen- ting that into some type of report that in history, with a 58 percent increase. sus is considered to be the most accu- does not go into conflict with the deci- The 2000 census is considered the most rate in history, it is understandable sion that has been made. accurate there is, and especially the that some have had some concern. But Mrs. MALONEY of New York. Mr. Hispanic count. In New York City, the the professionals would be opposed to Chairman, will the gentleman yield? number of Dominicans and other His- this. We really cannot go back. It does Mr. RANGEL. I yield to the gentle- panic subgroups may have been not really do anything other than flip woman from New York. changed as a result of the change in money around and back and forth in a Mrs. MALONEY of New York. Mr. the wording, where ‘‘Dominican’’ was very, very confusing way. Chairman, I applaud the gentleman for not used as an example, because they his statements and would like to point wanted to simplify the questionnaire b 1345 out that the long-form information is to get the best response for Hispanics So we would urge a strong ‘‘no’’ vote available in 2002, not 2003, but 2002; and overall, so there were no examples on this amendment. the professionals in this case made a shown. Mr. RANGEL. Mr. Chairman, I move mistake. They changed the question. There was a lot of research put into to strike the last word. They changed the question, and they this questionnaire. They did focus Mr. Chairman, I would yield to the did not know the effect it would have. groups, they did sample testing of the chairman to respond to the question as Now that we know the effect and the questionnaire, and the bottom line goal to whether or not he can see his way problem that it has caused, we have a was the best total count for Hispanics. clear to at least have in a conference chance to go and correct it. That is Now, when we get to the subgroups, report language as to how beneficial it what this amendment seeks to do. that is where this 2002–2003 report will could be to a community to be identi- Let us correct this data so it more be based on the long form, and that is fied by who they are, rather than by properly reflects, in the case that my where I think the most informative in- just some Spanish-speaking Hispanic colleague so eloquently made, the Do- formation can come on the label. minican population in New York and Dominicans. But we cannot retro- It just seems to me that the profes- other places in the country. actively try to change what people sionals would think that that could be Mr. MILLER of Florida. Mr. Chair- said. Ninety-five percent of the people a great addition as we attempt to use man, I move to strike the requisite filled in something there, and you can- the data we have in the best way we number of words. not say just because they wrote ‘‘His- can. Mr. Chairman, I rise in opposition to panic,’’ they are Dominican. We need Mr. MILLER of Florida. Mr. Chair- the amendment. I understand the goal to wait for the 2002–2003 report and man, will the gentleman yield? that we want to make sure we have all trust the professionals at the bureau Mr. RANGEL. I yield to the gen- the subgroups counted; but let us first on this issue. tleman from Florida. of all remember we have the most ac- Mr. CLAY. Mr. Chairman, I move to Mr. MILLER of Florida. Mr. Chair- curate census in history, and for the strike the requisite number of words. man, what we have at issue is the Hispanic population, we had a very, (Mr. CLAY asked and was given per- short-form versus the long-form data. very successful census. mission to revise and extend his re- The short form, as has been pointed I think the Hispanic population de- marks.) out, was changed slightly from 1990; serves a lot of credit for actively par- Mr. CLAY. Mr. Chairman, I stand in and when they gave examples, they did ticipating in working out the census support of the Maloney-Rangel amend- not mention Dominican. So it may pos- for 2000. The total increase in Hispanic ment to improve the count of Hispanics sibly have affected the number. population is 58 percent. We should be in the 2000 census. This issue is a very There is a question on the long form very pleased at the success of that. simple one: the Census Bureau changed that asks ‘‘place of birth.’’ That data That was the primary goal of the Cen- the question on Hispanic origin from will not be available until 2003. So the sus Bureau, is to get the best, most ac- the 1990 questionnaire to a different problem on the short form is when they curate number of the Hispanic popu- format on the 2000 questionnaire. As a filled out the form, if they did not put lation, and we did that. result, it is difficult to compare the Dominican, they do not get counted as When it gets down to subgroups with- count from some of the subgroups of Dominican. On the long form, if they in that, you are right, there were three Hispanics. put Dominican, they will get counted. groups, Mexican, Puerto Rican or The Census Bureau can go a long way 2003 will have a new report, but we can- Cuban, listed. But then there was a towards fixing this problem using data not go back and change what people blank to fill in if one wanted to iden- from the long form. This amendment put down on the short form now. tify as somebody else. Ninety-five per- makes sure the money to fix this prob- Mr. RANGEL. Mr. Chairman, re- cent of the people filled in something. lem is in the right place. claiming my time, they never really The problem is, we cannot retro- I am a bit puzzled by those who op- got an opportunity to ask newcomers actively go back and change what 95 pose this amendment. I am, frankly, a into the country, that if you are not of percent of the people wrote in. What we bit puzzled about why the Census Bu- Mexican extraction, if you are not will be able to do when this number reau has not come up with a plan to fix Cuban, and if you are not Puerto comes out, whether it is late 2002, or I this problem. Do these people not care Rican, then you just have to be consid- was told early 2003, there will be a re- about an accurate count on Hispanic ered as ‘‘other.’’ port from the Census Bureau reporting groups? We have a half a million Dominicans on the long-form data, which only went Mr. Chairman, the Census Bureau di- in the United States, almost half in my to one out of every six people. On the rector, Ken Pruitt, went around the congressional district, and this is one long-form data there is a question of country talking to the American peo- of the most exciting, vibrant commu- birthplace. So we will have a more ac- ple about how the census was an Amer- nities that we have. The question has curate number for the long-form data. ican celebration. He called it a celebra- to be, that as proud as they are of So this amendment may be well in- tion of our country and our democracy. being Hispanic, they are more proud of tended, but it sets a dangerous prece- The census, he told us, is what makes being Dominican. dent. That is the reason, again, the our democracy uniquely American. The This is the way we have to conduct professionals at the bureau, let us trust American people listened to the direc- the Federal Government. They cannot the professionals. Do not manipulate tor and responded in an unprecedented send out a Spanish-speaking hand. the numbers. It would force the Census fashion. They have to take advantage of their Bureau to rewrite people’s answers in a I do not know of a single person in culture, their background, their experi- way that they self-identify themselves this House or professional census taker

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.054 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4139 or statistician who predicted that the had to do, there were a couple of mis- So if you look at this, you are really 2000 census would have the kind of re- takes made this year. One of them is not asking for anything that should sponse we witnessed. this issue that the gentlewoman from not have been put forth in the first in- Now it is the Government’s turn to New York (Mrs. MALONEY) and the gen- stance. I would hope that we would re- respond to the people. The numbers for tleman from New York (Mr. RANGEL) so alize that in supporting the Maloney- some of the Hispanic groups do not aptly bring up in this amendment that Rangel amendment, we in fact get to make sense because the Census Bureau I support, and that is the whole issue the full truth, and that is what the cen- changed the question, and the new that in areas throughout the country, sus was supposed to give us in the first question changed the way people an- but you take especially an area like place. swered. What is more, the problem can New York City, of not giving an oppor- Mr. JONES of North Carolina. Mr. be fixed. tunity for a Hispanic subgroup to iden- Chairman, I move to strike the req- Now is the time for the Census Bu- tify themselves, is in fact not gath- uisite number of words. reau to show its thanks to the Amer- ering the proper information. Mr. MILLER of Florida. Mr. Chair- ican people for their part in making I want to make that point clear. This man, will the gentleman yield? this one of the best censuses ever by is not about who is pleased with this Mr. JONES of North Carolina. I yield producing the best data ever. The Cen- information. This is not about who we to the gentleman from Florida. sus Bureau can do the work, and we make happy by providing this informa- b 1400 here in this House can provide the tion. This is about the fact that we Mr. MILLER of Florida. Mr. Chair- funds to make that happen, or we can funded the census, full force, in the man, I thank the gentleman for yield- turn our backs on the American people hope that they would get out the best ing. and take their cooperation for granted. accurate information. Let us clarify what the situation is. If we defeat this amendment, we will Well, you cannot get the best accu- On the short form, the question is, is be telling the American people that rate information if people who would the person Spanish, Hispanic, Latino, they were taken, once again, by their like to identify themselves, again, if and they check. In 1990, most people ei- government and this House of Rep- you will, a second time, do not get an ther checked Mexican, Puerto Rican or resentatives, for granted. opportunity to do so. There is the dis- Cuban. Seventy percent of the people Mrs. MALONEY of New York. Mr. cussion in New York City that there filled out the other category. But of Chairman, will the gentleman yield? might be up to 150,000 missing Domini- that, only 5 percent left are blank. In Mr. CLAY. I yield to the gentle- can Americans. They are not missing the ‘‘other’’ category, only 5 percent woman from New York. from the Hispanic count as much, al- said ‘‘other.’’ Others wrote in, 7 percent Mrs. MALONEY of New York. Mr. though there is an undercount, we of the people wrote in Hispanic. Well, Chairman, I thank the gentleman for know. They are not missing from the maybe they meant Dominican, but it his excellent statement, and I would New York City or New York State or was not a mistake, by the way, when like to just underscore what the the national count; but they are miss- they removed Dominican, because change in the question meant. In 1990, ing for purposes of identifying who there are so many different subgroups 1.9 million Hispanics were classified as they are. within the Hispanic population. We ‘‘other.’’ In 2000, 6 million Hispanics While it is true that on this House have Costa Rican. We have Guate- were classified as ‘‘other.’’ That is 17 floor there are many Members who al- malan. We have Honduran. We have percent. Why? Because, as my col- ways speak about we are one Nation Nicaraguan, Panamanian, Salvadoran, league has pointed out and as we well and should not divide ourselves along Ecuadorian, Colombian, Chilean, Boliv- know, the bureau changed the ques- certain lines, and we can all agree on ian. So we cannot list them all or the tion. that, the census happens to be the one form gets too long and then we affect In 2000, according to the Census Bu- constitutional institution that is sup- the total response. reau, Hispanic population, 17.6 percent posed to do exactly what some people We really wanted to get the best re- of the Hispanic population was classi- may not like, which is to go identify sponse we could. So the Bureau took fied as ‘‘other.’’ That makes ‘‘other’’ you at the national level, at the block the three largest subgroups, which are the second largest group of Hispanics. level, ethnically, racially, to try to Mexican, Cuban, and Puerto Rican, and Now, only the bureau can tell us how find out who it is living in this country then left a blank space: fill it in. But much of this change is a result of and how we provide services and how we cannot go back and change what changing the question. And why will we celebrate who we are as a country. someone put in. If someone wrote in my colleagues on the other side of the So I support this amendment, in the the word ‘‘Hispanic,’’ we cannot go aisle not support our efforts to answer hope that the Census Bureau, within back and figure out what the intent is. this question? We are merely asking to their large massive funding operation, That is the reason why the long form be able to get this question answered within the support that they receive data, which will be forthcoming in the and to direct the resources to make from us, they can understand that next year or so, will have more details; that happen. there was a slight error made here and and we look forward to that detail, Mr. SERRANO. Mr. Chairman, I that they have to be able to deal with which will have a breakdown for Do- move to strike the requisite number of that. minican. words. I will give you an example: when the But we cannot change short form Mr. Chairman, let us me first open first numbers came in, some of the ar- data. We cannot read the intent. If my comments by saying that I do not ticles in New York said ‘‘Puerto Rican someone wrote the word ‘‘Spanish’’ in have to repeat, the record will show I community losing ground as other His- there, did they mean to say Domini- have been totally supportive of full panic community grows in leaps and can? Did they mean to say Peruvian? funding the Census Bureau for the last bounds.’’ I looked at it and said, who is Did they mean to say Chilean? How do few years; that I have gotten as the this ‘‘other’’ that is growing so much? we interpret that? We cannot. So the ranking member up on this floor and Then it dawned on me that ‘‘other’’ Bureau very intentionally felt that the supported not only full funding, but was everybody else, and perhaps it may number one goal was to get the best supported the professionals who work be that those articles were not accu- Hispanic count possible. at the Census Bureau. So I am clear on rate, because when you break the ‘‘oth- I see my colleague from Texas. We that, that this amendment and this ers’’ up, none of them reach the had a very successful Hispanic count, conversation and this debate should in amount that the Puerto Ricans have in and the differential was tremendously no way be seen as an attack. There is New York City. Yet the information improved. So we should rejoice at the no need to defend the professionals at given out is that ‘‘others’’ has become success of the census. Part of the rea- the bureau, because we all respect the this incredible new number that, one, son I think is we kept the simpler work that they do. we do not know how to service; two, we form. They pretested this form. They However, the point here is that in do not know where they come from; pretested it. They focus-grouped it. trying to do the best job possible and and, three, we do not know how best to They came up with the best form they in taking into consideration what they deal with all of their needs. can to get the best response rate.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.057 pfrm01 PsN: H18PT1 H4140 CONGRESSIONAL RECORD — HOUSE July 18, 2001 So I think right now we should be the responsibility and duties that the to the census, but it will be of no use. commending them and await this re- Caucus has to the Hispanic community We will not be able to use that infor- port in another year, a year-and-a-half in the United States. mation. We must identify those con- and see what the information is. We The first thing to recognize is that tributions that certain individuals can should not try to tell the professionals the Hispanic community, in and of make within the Hispanic community and micromanage here on the floor of itself, reflects tremendous diversity. but, more importantly, what are the the House what they should be doing. We are unlike any other community. needs of these individuals that reside Mr. KUCINICH. Mr. Chairman, I Therein lies our strength but also some in this great Nation of ours. move to strike the requisite number of problems, and this is what we are at- Mr. REYES. Mr. Chairman, I rise today in words. tempting to address. support of the Maloney-Rangel amendment to Mr. Chairman, I rise in support of the Let me explain why. It is important improve the accuracy of the Hispanic census Rangel-Maloney amendment. I think, to identify the different groups within count. as someone who represents a commu- the Latino and Hispanic communities. Compared to the 1990 census, the 2000 nity which has a substantial Hispanic Did the census succeed in doing so? The census changed the way it asked Hispanics to population, I can say that I understand answer is no. Was it intentional? Was identify their country of origin. In both cen- the concerns that have been expressed it negligence? It does not matter. The suses, individuals were asked to identify their here by my colleagues. result is that we do not have an accu- Hispanic origin as Mexican, Puerto Rican, It is a matter of record that in both rate result. Cuban, or other. The way the ‘‘other’’ category 1990 and 2000 those who marked that When we do not have an accurate re- was treated is what changed. In both 1990 category ‘‘other’’ were asked to write sult, we do not have usable informa- and 2000, those who marked other were in a particular group; and in 1990, after tion. The gentleman from Florida (Mr. asked to write in a particular group. In 1990, ‘‘other,’’ the questionnaire listed, print MILLER) knows exactly what I am talk- after ‘‘other,’’ the questionnaire listed ‘‘Print one group, for example, Argentinian, ing about because I think we see eye to one group, for example: Argentinian, Colom- Colombian, Dominican, Nicaraguan, El eye on 90 percent of the issues when it bian, Dominican, Nicaraguan, Salvadorian, Salvadoran, Spaniard and so on. In comes to the census. One of the issues Spaniard, and so on.’’ In 2000, those who 2000, those who marked ‘‘other’’ were is accuracy, but the other was the util- marked other were only given the instruction only given the instruction: ‘‘print itarian part of it, and that is how we ‘‘Print group.’’ The result of this was that far group.’’ So, as a result, there were far use this information. fewer people who marked ‘‘other’’ wrote in a fewer people who marked that category It is not just the United States Gov- group, and the count of groups like Colom- ‘‘other’’ and, as a result, there were ernment and every level of government bians and Dominicans is understated in the groups that were understated in the under the Federal Government that 2000 census. 2000 Census. uses it, but it is the private sector, try- The Moloney-Rangel amendment will enable I think it is really important that we ing to identify the needs of certain the Census Bureau to conduct a report on remember that, in addition to the enu- communities within the big, all-encom- what the census results would have likely merative aspects of this census, there passing Hispanic community in the been, had the question been phrased the is a matter of pride which is involved. United States. Therefore, it is impor- same way it was in 1990. This will provide us Any time any of us have ever gone to a tant to make sure that the subcat- with useful, supplemental information about citizenship ceremony, we see people so egories, the subgroups are identified, the Hispanic population. proud to be Americans, but at the same because the needs are truly different. The Hispanic community is becoming in- time they reserve something deep in No one understands that, when I try creasingly diverse. Having accurate informa- terms of an expression of where they to tell individuals, we are not just tion about the diversity of the Hispanic popu- came from. We are all Americans. We Latinos. If you take someone of Mexi- lation will enable us to better target resources take pride in that. But we have a right can dissent, it is totally different than that are culturally sensitive to these commu- to be able to keep those deeper connec- someone from Puerto Rico or the Do- nities. It is important to remember that the His- tions, those cultural connections which minican Republic or from Colombia. panic community is not homogeneous. For ex- also express who we are. That is just the way it is. But this is ample, the best way to communicate and So when the census is designed in America today, and that is the reality. reach out to Mexican-Americans is not the such a way that it stops that expres- So what does this amendment really same as the best, most effective way to reach sion from happening, it really is an of- seek to do? I do not believe, as has been out to Dominican-Americans. This is why we fense to so many of the groups that are characterized in the debate today, that should enable the Census Bureau to conduct now part of this wonderful cultural mo- it attempts to change any of the infor- a study and provide the public with information saic which is the United States of mation. What we are asking is to take that gives us a better understanding of the America. So I think that we need to existing information and, from that, true diversity within the Hispanic community. ask the census to have greater sensi- glean and analyze and come up with a Hispanics deserve to be accurately counted. tivity in making sure that we have an better result. This is not a major over- As Chairman of the Congressional Hispanic opportunity to correct this mis- haul, a wholesale overhaul of informa- Caucus, I therefore support the Maloney-Ran- counting of Hispanic Americans in the tion, and no one should misinterpret it gel amendment and urge all my colleagues to 2000 Census. that way. do the same. So I wanted to express my support The amendment requires the Bureau The CHAIRMAN. The question is on for this, but also I think we need to re- of the Census to report to Congress on the amendment offered by the gentle- flect on the underlying cause which possible adjustments to the data and a woman from New York (Mrs. animates the concern of all of us ex- diagnosis of how many people may MALONEY). pressing our positions here on this have been misclassified by the rewrit- The question was taken; and the amendment. That is, people are cele- ing of the census form. With these re- Chairman announced that the noes ap- brating that they are part of this great ports, we can determine how best to peared to have it. country, but they deserve to be identi- use the data we have and how we can Mrs. MALONEY of New York. Mr. fied as to the various lands that they avoid such confusion in the future. Chairman, I demand a recorded vote. have come from. What I am afraid of, and it has been The CHAIRMAN. Pursuant to clause Mr. GONZALEZ. Mr. Chairman, I mischaracterized and, again, I do not 6 of rule XVIII, further proceedings on move to strike the requisite number of think intentionally, I think everyone the amendment offered by the gentle- words. questions everybody’s motives when we woman from New York (Mrs. MALONEY) Mr. Chairman, as chairman of the come up and want to do something will be postponed. Hispanic Caucus’s Task Force on the with this information. We are looking Mr. WOLF. Mr. Chairman, I move Census and Civil Rights, I rise in favor at accuracy. We are looking at the use- that the Committee do now rise. and in support of the Maloney-Rangel fulness of the information. Otherwise, The motion was agreed to. amendment. Let me explain why, be- we may have the numbers, we may Accordingly, the Committee rose; cause I believe that I actually bring have succeeded in identifying more and the Speaker pro tempore (Mr. MIL- the truth of all perspectives, in light of people and having more people respond LER of Florida) having assumed the

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.062 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4141 Chair, Mr. HASTINGS of Washington, 2500) making appropriations for the De- funds transferred, or previously transferred, Chairman of the Committee of the partments of Commerce, Justice, and from other Government agencies for all costs Whole House on the State of the Union, State, the Judiciary, and related agen- incurred in telecommunications research, reported that that Committee, having cies for the fiscal year ending Sep- engineering, and related activities by the In- stitute for Telecommunication Sciences of had under consideration the bill (H.R. tember 30, 2002, and for other purposes, NTIA, in furtherance of its assigned func- 2500) making appropriations for the De- with Mr. HASTINGS of Washington in tions under this paragraph, and such funds partments of Commerce, Justice, and the chair. received from other Government agencies State, the Judiciary, and related agen- The Clerk read the title of the bill. shall remain available until expended. cies for the fiscal year ending Sep- The CHAIRMAN. When the Com- PUBLIC TELECOMMUNICATIONS FACILITIES, tember 30, 2002, and for other purposes, mittee of the Whole House rose earlier PLANNING AND CONSTRUCTION had come to no resolution thereon. today, a request for a recorded vote on For grants authorized by section 392 of the f Amendment No. 28 by the gentlewoman Communications Act of 1934, as amended, from New York (Mrs. MALONEY) had $43,466,000, to remain available until ex- FURTHER LIMITATION ON AMEND- been postponed and the bill was open pended as authorized by section 391 of the MENTS DURING FURTHER CON- for amendment from page 47, line 20 Act, as amended: Provided, That not to ex- ceed $2,358,000 shall be available for program SIDERATION OF H.R. 2500, DE- through page 48, line 9. PARTMENTS OF COMMERCE, administration as authorized by section 391 Pursuant to the order of the House of of the Act: Provided further, That, notwith- JUSTICE, AND STATE, THE JUDI- today, each amendment shall not be CIARY, AND RELATED AGENCIES standing the provisions of section 391 of the subject to amendment (except that the Act, the prior year unobligated balances may APPROPRIATIONS ACT, 2002 chairman and ranking minority mem- be made available for grants for projects for Mr. WOLF. Mr. Speaker, I ask unani- ber of the Committee on Appropria- which applications have been submitted and mous consent that during further con- tions, or a designee, each may offer one approved during any fiscal year. sideration of H.R. 2500 in the Com- pro forma amendment for the purpose INFORMATION INFRASTRUCTURE GRANTS mittee of the Whole, pursuant to House of further debate on any pending For grants authorized by section 392 of the Resolution 192 and the order of the amendment); and amendments num- Communications Act of 1934, as amended, House of July 17, 2001, each amendment bered 1, 8, 19, 36, 34, 5, 33, 38, 17, 20, 22, $15,503,000, to remain available until ex- shall not be subject to amendment (ex- 24, 25, 35, 10, 11, and 40 shall be debat- pended as authorized by section 391 of the Act, as amended: Provided, That not to ex- cept that the chairman and ranking able only for 10 minutes, equally di- ceed $3,097,000 shall be available for program minority member of the Committee on vided and controlled by a proponent administration and other support activities Appropriations or a designee, each may and an opponent. as authorized by section 391: Provided further, offer one pro forma amendment for the The Clerk will read. That, of the funds appropriated herein, not purpose of further debate on any pend- The Clerk read as follows: to exceed 5 percent may be available for tele- ing amendment); and amendments In addition, for expenses related to plan- communications research activities for numbered 1, 8, 19, 36, 34, 5, 33, 38, 17, 20, ning, testing, and implementing the long- projects related directly to the development 22, 24, 25, 35, 10, 11, and 40 shall be de- form transitional database for the 2010 de- of a national information infrastructure: cennial census, $65,000,000. Provided further, That, notwithstanding the batable only for 10 minutes, equally di- In addition, for expenses to collect and requirements of sections 392(a) and 392(c) of vided and controlled by the proponent publish statistics for other periodic censuses the Act, these funds may be used for the and an opponent. and programs provided for by law, planning and construction of telecommuni- The SPEAKER pro tempore. Is there $171,138,000, to remain available until ex- cations networks for the provision of edu- objection to the request of the gen- pended: Provided, That regarding engineering cational, cultural, health care, public infor- tleman from Virginia? and design of a facility at the Suitland Fed- mation, public safety, or other social serv- Mr. SERRANO. Mr. Speaker, reserv- eral Center, quarterly reports regarding the ices: Provided further, That, notwithstanding expenditure of funds and project planning, ing my right to object, and I will not any other provision of law, no entity that re- design and cost decisions shall be provided ceives telecommunications services at pref- object; we certainly worked this out by the Bureau, in cooperation with the Gen- erential rates under section 254(h) of the Act and I am fine with it, this side is fine eral Services Administration, to the Com- (47 U.S.C. 254(h)) or receives assistance under with it. I just wanted to clarify one mittees on Appropriations of the Senate and the regional information sharing systems point. the House of Representatives: Provided fur- grant program of the Department of Justice This covers, obviously, these amend- ther, That none of the funds provided in this under part M of title I of the Omnibus Crime ments; and all other amendments then Act or any other Act under the heading ‘‘Bu- Control and Safe Streets Act of 1968 (42 are still under the 5-minute rule, under reau of the Census, Periodic Censuses and U.S.C. 3796h) may use funds under a grant Programs’’ shall be used to fund the con- the original rule? under this heading to cover any costs of the struction and tenant build-out costs of a fa- entity that would otherwise be covered by Mr. WOLF. Mr. Speaker, if the gen- cility at the Suitland Federal Center. such preferential rates or such assistance, as tleman will yield, that is correct. NATIONAL TELECOMMUNICATIONS AND the case may be. Mr. SERRANO. Mr. Speaker, I with- INFORMATION ADMINISTRATION UNITED STATES PATENT AND TRADEMARK draw my reservation of objection. SALARIES AND EXPENSES OFFICE The SPEAKER pro tempore. Is there For necessary expenses, as provided for by SALARIES AND EXPENSES objection to the request of the gen- law, of the National Telecommunications For necessary expenses of the United tleman from Virginia? and Information Administration (NTIA), States Patent and Trademark Office pro- There was no objection. $13,048,000, to remain available until ex- vided for by law, including defense of suits f pended: Provided, That, notwithstanding 31 instituted against the Under Secretary of U.S.C. 1535(d), the Secretary of Commerce Commerce for Intellectual Property and Di- DEPARTMENTS OF COMMERCE, shall charge Federal agencies for costs in- rector of the United States Patent and JUSTICE, AND STATE, THE JUDI- curred in spectrum management, analysis, Trademark Office, $846,701,000, to remain CIARY AND RELATED AGENCIES and operations, and related services and such available until expended, which amount APPROPRIATIONS ACT, 2002 fees shall be retained and used as offsetting shall be derived from offsetting collections collections for costs of such spectrum serv- assessed and collected pursuant to 15 U.S.C. The SPEAKER pro tempore. Pursu- ices, to remain available until expended: Pro- 1113 and 35 U.S.C. 41 and 376, and shall be re- ant to House Resolution 192 and rule vided further, That hereafter, notwith- tained and used for necessary expenses in XVIII, the Chair declares the House in standing any other provision of law, NTIA this appropriation: Provided, That the sum the Committee of the Whole House on shall not authorize spectrum use or provide herein appropriated from the general fund the State of the Union for the further any spectrum functions pursuant to the Na- shall be reduced as such offsetting collec- consideration of the bill, H.R. 2500. tional Telecommunications and Information tions are received during fiscal year 2002, so Administration Organization Act, 47 U.S.C. as to result in a final fiscal year 2002 appro- b 1411 902–903, to any Federal entity without reim- priation from the general fund estimated at IN THE COMMITTEE OF THE WHOLE bursement as required by NTIA for such $0: Provided further, That during fiscal year spectrum management costs, and Federal en- 2002, should the total amount of offsetting Accordingly, the House resolved tities withholding payment of such cost shall fee collections be less than $846,701,000, the itself into the Committee of the Whole not use spectrum: Provided further, That the total amounts available to the United States House on the State of the Union for the Secretary of Commerce is authorized to re- Patent and Trademark Office shall be re- further consideration of the bill (H.R. tain and use as offsetting collections all duced accordingly: Provided further, That an

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.064 pfrm01 PsN: H18PT1 H4142 CONGRESSIONAL RECORD — HOUSE July 18, 2001 additional amount not to exceed $282,300,000 the ‘‘Coastal Assistance sub-category’’ in 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 from fees collected in prior fiscal years shall section 250(c)(4)(K) of the Balanced Budget shall be transferred to the ‘‘Operations, Re- be available for obligation in fiscal year 2002. and Emergency Deficit Control Act of 1985, search, and Facilities’’ account to offset the SCIENCE AND TECHNOLOGY as amended: Provided further, That, of the costs of implementing such Act. amount provided under this heading, TECHNOLOGY ADMINISTRATION FISHERMEN’S CONTINGENCY FUND $304,000,000 shall be for the conservation ac- For carrying out the provisions of title IV SALARIES AND EXPENSES tivities defined in section 250(c)(4)(K) of the For necessary expenses for the Under Sec- of Public Law 95–372, not to exceed $952,000, Balanced Budget and Emergency Deficit to be derived from receipts collected pursu- retary for Technology/Office of Technology Control Act of 1985, as amended: Provided fur- Policy, $8,094,000. ant to that Act, to remain available until ex- ther, That no general administrative charge pended. NATIONAL INSTITUTE OF STANDARDS AND shall be applied against an assigned activity FOREIGN FISHING OBSERVER FUND TECHNOLOGY included in this Act and, further, that any For expenses necessary to carry out the SCIENTIFIC AND TECHNICAL RESEARCH AND direct administrative expenses applied provisions of the Atlantic Tunas Convention SERVICES against an assigned activity shall be limited to 5 percent of the funds provided for that as- Act of 1975, as amended (Public Law 96–339), For necessary expenses of the National In- signed activity so that total National Oce- the Magnuson-Stevens Fishery Conservation stitute of Standards and Technology, anic and Atmospheric Administration ad- and Management Act of 1976, as amended $348,589,000, to remain available until ex- ministrative expenses shall not exceed (Public Law 100–627), and the American Fish- pended, of which not to exceed $282,000 may $257,200,000: Provided further, That any use of eries Promotion Act (Public Law 96–561), to be transferred to the ‘‘Working Capital deobligated balances of funds provided under be derived from the fees imposed under the Fund’’. this heading in previous years shall be sub- foreign fishery observer program authorized INDUSTRIAL TECHNOLOGY SERVICES ject to the procedures set forth in section 605 by these Acts, not to exceed $191,000, to re- For necessary expenses of the Manufac- of this Act: Provided further, That, in addi- main available until expended. turing Extension Partnership of the National tion, not to exceed $3,000,000 shall be derived FISHERIES FINANCE PROGRAM ACCOUNT Institute of Standards and Technology, by transfer from the fund entitled ‘‘Coastal For the cost of direct loans, $287,000, as au- $106,522,000, to remain available until ex- Zone Management’’. thorized by the Merchant Marine Act of 1936, pended. In addition, for necessary retired pay ex- as amended: Provided, That such costs, in- In addition, for necessary expenses of the penses under the Retired Serviceman’s Fam- cluding the cost of modifying such loans, Advanced Technology Program of the Na- ily Protection and Survivor Benefits Plan, shall be as defined in section 502 of the Con- tional Institute of Standards and Tech- and for payments for medical care of retired gressional Budget Act of 1974: Provided fur- nology, $12,992,000, to remain available until personnel and their dependents under the De- ther, That none of the funds made available expended. pendents Medical Care Act (10 U.S.C. ch. 55), under this heading may be used for direct CONSTRUCTION OF RESEARCH FACILITIES such sums as may be necessary. loans for any new fishing vessel that will in- For construction of new research facilities, PROCUREMENT, ACQUISITION AND CONSTRUCTION crease the harvesting capacity in any United including architectural and engineering de- (INCLUDING TRANSFERS OF FUNDS) States fishery. sign, and for renovation of existing facilities, For procurement, acquisition and con- DEPARTMENTAL MANAGEMENT not otherwise provided for the National In- struction of capital assets, including alter- SALARIES AND EXPENSES stitute of Standards and Technology, as au- ation and modification costs, of the National For expenses necessary for the depart- thorized by 15 U.S.C. 278c–278e, $20,893,000, to Oceanic and Atmospheric Administration, mental management of the Department of remain available until expended. $749,000,000, to remain available until ex- Commerce provided for by law, including not NATIONAL OCEANIC AND ATMOSPHERIC pended: Provided, That unexpended balances to exceed $3,000 for official entertainment, ADMINISTRATION of amounts previously made available in the $37,843,000. OPERATIONS, RESEARCH, AND FACILITIES ‘‘Operations, Research, and Facilities’’ ac- count for activities funded under this head- b 1415 (INCLUDING TRANSFER OF FUNDS) ing may be transferred to and merged with ´ For necessary expenses of activities au- AMENDMENT NO. 39 OFFERED BY MS. VELAZQUEZ this account, to remain available until ex- ´ thorized by law for the National Oceanic and pended for the purposes for which the funds Ms. VELAZQUEZ. Mr. Chairman, I Atmospheric Administration, including were originally appropriated: Provided fur- offer an amendment. maintenance, operation, and hire of aircraft; ther, That, of the amount provided under this The CHAIRMAN. The Clerk will des- grants, contracts, or other payments to non- heading, $26,000,000 shall be for the conserva- ignate the amendment. profit organizations for the purposes of con- tion activities defined in section 250(c)(4)(K) The text of the amendment is as fol- ducting activities pursuant to cooperative of the Balanced Budget and Emergency Def- lows: agreements; and relocation of facilities as icit Control Act of 1985, as amended: Provided Amendment No. 39 offered by Ms. authorized by 33 U.S.C. 883i, $2,197,298,000, to further, That none of the funds provided in VELA´ ZQUEZ: remain available until expended: Provided, this Act or any other Act under the heading That fees and donations received by the Na- Page 59, line 13, after the dollar amount in- ‘‘National Oceanic and Atmospheric Admin- sert the following: ‘‘(reduced by $2,000,000)’’. tional Ocean Service for the management of istration, Procurement, Acquisition and the national marine sanctuaries may be re- Page 71, line 4, after the dollar amount in- Construction’’ shall be used to fund the Gen- sert the following: ‘‘(reduced by $8,000,000)’’. tained and used for the salaries and expenses eral Services Administration’s standard con- associated with those activities, notwith- Page 73, line 3, after the dollar amount in- struction and tenant build-out costs of a fa- sert the following: ‘‘(reduced by $7,000,000)’’. standing 31 U.S.C. 3302: Provided further, cility at the Suitland Federal Center. That, in addition, $68,000,000 shall be derived Page 95, line 3, after the dollar amount in- PACIFIC COASTAL SALMON RECOVERY by transfer from the fund entitled ‘‘Promote sert the following: ‘‘(increased by and Develop Fishery Products and Research For necessary expenses associated with the $7,000,000)’’. Page 95, line 19, after the dollar amount in- Pertaining to American Fisheries’’: Provided restoration of Pacific salmon populations sert the following: ‘‘(increased by further, That grants to States pursuant to and the implementation of the 1999 Pacific $10,000,000)’’. sections 306 and 306A of the Coastal Zone Salmon Treaty Agreement between the Management Act of 1972, as amended, shall United States and Canada, $110,000,000, sub- Ms. VELA´ ZQUEZ. Mr. Chairman, our not exceed $2,000,000: Provided further, That, ject to express authorization: Provided, That country is coming off of one of the of the $2,220,298,000 provided for in direct ob- this amount shall be for the conservation ac- greatest economic growth periods in tivities defined in section 250(c)(4)(K) of the ligations under this heading (of which our Nation’s history. This phenomenal $2,197,298,000 is appropriated from the Gen- Balanced Budget and Emergency Deficit Control Act of 1985, as amended. expansion has been driven by our small eral Fund, $71,000,000 is provided by transfer, businesses, which are the engine of our and $17,000,000 is derived from deobligations In addition, for implementation of the 1999 from prior years), $375,609,000 shall be for the Pacific Salmon Treaty Agreement, economy. The contribution of Amer- National Ocean Service, $542,121,000 shall be $25,000,000, of which $10,000,000 shall be depos- ican entrepreneurs cannot be under- for the National Marine Fisheries Service, ited in the Northern Boundary and estimated. Small businesses employ $317,483,000 shall be for Oceanic and Atmos- Transboundary Rivers Restoration and En- half our workers, create new jobs 75 pheric Research, $659,349,000 shall be for the hancement Fund, of which $10,000,000 shall be deposited in the Southern Boundary Restora- percent faster than large companies, National Weather Service, $149,624,000 shall and make up half of our GDP. be for the National Environmental Satellite, tion and Enhancement Fund, and of which $5,000,000 shall be for a direct payment to the The SBA fuels this powerful engine Data, and Information Service, and through its loan and technical assist- $176,112,000 shall be for Program Support: State of Washington for obligations under Provided further, That, hereafter, ocean as- the 1999 Pacific Salmon Treaty Agreement. ance programs. SBA maintains a loan sessment, coastal ocean, protected resources, COASTAL ZONE MANAGEMENT FUND portfolio of $45 billion to nearly a half and habitat conservation activities under Of amounts collected pursuant to section million businesses, accounts for nearly this heading shall be considered to be within 308 of the Coastal Zone Management Act of half of all venture capital financing,

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.016 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4143 and helped secure financing for eight of last year’s. It will be a very small price may very well result in reductions in Fortune Magazine’s 100 fastest-growing to pay for programs that deliver such force. firms in 1999. The SBA has even helped strong returns. So we are over, we are well over, we launch household brand names like Mr. Chairman, our amendment is a are beyond with the carryover. We are Fed-Ex, Intel, and Apple. commitment to America’s small busi- well over last year. Potential risks Unfortunately, this bill’s funding lev- nesses, which helped to spur and sus- really create a difficult time for Sec- els leave the agency short by $130 bil- tain our historic ‘‘long boom.’’ The retary Powell, so I strongly urge oppo- lion. It zeros out ten programs and foundation of American prosperity is sition to the amendment. underfunds another half-dozen. This built by entrepreneurs; and in these Mr. SERRANO. Mr. Chairman, I rise leaves our small businesses close to less certain times, we must provide the in full support of the amendment of- running on empty. incentives, knowledge, and guarantees fered by the gentlewomen from New This amendment, offered by my col- to continue their mission of success. York, Ms. VELA´ ZQUEZ and Mrs. KELLY. league, the gentlewoman from New I encourage my colleagues to support Mr. Chairman, I have said on many York (Mrs. KELLY), and myself, will re- this amendment. occasions and will continue to say store $17 million to the agency, allow- Mr. WOLF. Mr. Chairman, I rise in throughout further debate on this bill ing us to adequately fund SBA’s 7(a) strong opposition to the amendment of that my chairman, the gentleman from loan program and maintain for PRIME the gentlewoman from New York. Virginia (Mr. WOLF), has done a won- and BusinessLinc, two critical small Mr. Chairman, we recognize the im- derful job on this bill. That is why I business development programs. portance of many of the small business say we will support this bill, and I will Mr. Chairman, access to capital programs in this bill, particularly the be asking both sides to vote for it in means access to opportunity for small 7(a) business loan. However, I think ev- large numbers, if not unanimously. business owners. The 7(a) loan pro- eryone should understand that we have However, I also said, and the gen- gram, which helps small businesses ob- already funded the Small Business Ad- tleman from Virginia (Mr. WOLF) tain long-term capital they need for ministration very generously in this knows that, that if there is a weakness growth and expansion, directly trans- bill. in this bill, it is what was not done for lates into jobs and a net return on our We are over the President’s request the SBA, and in fact what was the investment. Last year alone, 7(a) made by $186 million. Let me go back again: harm we did to SBA. 43,000 loan guarantees worth over $10.5 this bill is over the President’s request So while I myself am not crazy about billion. The 7(a) program accounts for by $186 million. For the 7(a) program, cuts to the Department of Commerce 30 percent of all long-term small busi- we have provided $77 million in new or the Department of State, I realize ness loans. The current 7(a) funding is budget authority. This amount, along the importance, one, of trying to pass almost $40 million below last year, with anticipated carryover funding, this amendment here today, and at the threatening 20,000 small business loans. will support $10 billion in loans for fis- minimum, to try to bring forth the un- This amendment will restore $10 mil- cal year 2002, which is an increase of derstanding that this is an issue that lion to the 7(a) program, bringing the over $1 billion above the current level. we are not finished with; that in con- level up to $88 million, still far below So we are going to be over $1 billion ference and as we move this bill on, we the $117 million we provided last year above the current level. have to try to do something about the for the program. With more and more So even without this amendment, the Small Business Administration. reports coming to light every day that 7(a) program for fiscal year 2002 will So I think that what should be noted capital is becoming increasingly dif- represent a significant increase above here is that we have people on this side ficult for small businesses to obtain, the current level. who support this bill, but who feel that having an adequately funded 7(a) pro- The other two programs the gentle- something should be done to remedy gram will be critical to our Nation’s woman seeks to fund, PRIME and that one part of the bill that is very small business success. BusinessLinc, were not included in the weak. I am a prime example of that. Oftentimes even before an enterprise President’s budget. These programs So I would hope that the chairman gets their first loan, the dice have al- were judged by the administration to does not see this in any way as an at- ready been cast on whether they will be duplications of existing programs to tack on the bill, but certainly an un- succeed. The PRIME initiative gives assist entrepreneurs, including derstanding that there is work yet that entrepreneurs the understanding about microloan technical assistance, new needs to be done. potential business opportunities, pit- markets technical assistance, small In addition, I think it would be prop- falls, and the necessary steps to suc- business development centers, women’s er at this point to accept this amend- cess. Studies consistently show that business centers, business information ment and then, as we go to conference, entrepreneurs who receive counseling centers, all of which are funded for fis- we can make the changes necessary in and technical assistance are twice as cal year 2002. The increases proposed that State and Commerce situation. likely to succeed. This program en- by this amendment are unnecessary. Now, we have been very good to the sures those mistakes do not happen. We also would oppose the gentle- Commerce Department in this bill. We Our amendment funds the program at a woman’s proposal to further increase are very good to the State Department. modest $5 million to $10 million less SBA programs at the expense of the There is no reason why we cannot be than what was funded last year. State Department. Both sides of the good to SBA, and then find a way to Finally, while many areas of this aisle for the last several years have take care of these two cuts that we country have prospered, there are talked about giving the Secretary of would be making, or this shifting of pockets of communities that have not State the necessary resources. This dollars that we would be making by benefited from the economic boom of amendment will cut $15 million from this amendment. the last 10 years. BusinessLinc helps Secretary Powell’s initiatives to make So I would hope, again, that the entrepreneurs in these communities to urgently needed improvements to dip- chairman would take this amendment penetrate otherwise inaccessible na- lomatic readiness and to the Depart- in the spirit that it is intended, and tional markets through a mentoring ment’s optimally automated system. that is to remedy that one part of the program linking small firms with large So we would be taking this from the bill that is week and one that I know corporate mentors. Our amendment Defense Department at the very time he wants to strengthen. provides a modest level of $2 million to both sides want to meet Secretary Secondly, I would hope that we use sustain BusinessLinc, still well below Powell’s concerns. it, again, as a unifying situation to last year’s level of $7 million. In addition, the amendment includes bring us together even further on the Our amendment is paid for through a cut which, though small, would have bill as we move along. minor cuts to the administrative ac- a serious impact on the Department of Mrs. KELLY. Mr. Chairman, I move counts of the Department of Com- Commerce, a 5 percent cut to the De- to strike the last word. merce, Justice, and State. I do not an- partment’s management accounts, Mr. Chairman, I rise today in strong ticipate these cuts will cause any hard- which is overwhelmingly where we get support of the Vela´ zquez-Kelly amend- ship, because the levels are well above the real dollars and salaries, which ment to increase the funding for the

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.066 pfrm01 PsN: H18PT1 H4144 CONGRESSIONAL RECORD — HOUSE July 18, 2001 three crucial programs of the U.S. Mr. PASCRELL. Mr. Chairman, I practically every district in this coun- Small Business Administration, the move to strike the requisite number of try. 7(a) loan program, the PRIME pro- words. The current CJS bill calls for the 7(a) gram, and the BusinessLinc program. Mr. Chairman, very clear, we are not program to be slashed from $114 million Together, these programs help our Na- adding one dime to a $39 million-plus to $77 million for 2002. This would re- tion’s smallest businesses prosper and appropriation, not one dime. What we sult in approximately 20,000 fewer survive. are doing is adjusting close to $17 mil- loans. Twenty thousand. How can we Our amendment provides for an addi- lion of that $39 billion in three pro- tell the American small businessperson tional $10 million for the 7(a) loan pro- grams that have already been funded a that help is not on the way in this busi- gram. This lending program supports 100 percent increase. ness-friendly administration? This over $10 billion in new business loans What are we doing here? The SBA amendment would begin by restoring annually. It brings money back into has had bipartisan support helping $10 million to the 7(a) program, bring- the Federal Treasury. It is a very good small businesses throughout America. ing the fiscal year 2002 funding level up program. b 1430 to $87 million in the appropriations, Last year, the SBA 7(a) loans ac- still well below the 2001 appropriation. counted for over 30 percent of all long- We forget that small business ac- Likewise, the Vela´ zquez-Kelly term loans made to U.S. small busi- counts for 99.7 percent of America’s amendment would add $2 million for nesses. In my district, the 7(a) program employers and employs are 52 percent the BusinessLINC program. The offsets was responsible for 93 loans totalling of the private work force. Small com- for these funding increases will come over $22 million last year. Without ap- panies account for 47 percent of the Na- from three of the biggest agencies in propriate funding this year, the pro- tion’s sales. the Federal Government. The Congres- gram will not be as far-reaching as in Indeed, over the last decade, America sional Budget Office has scored the past years. has experienced a period of growth un- Vela´ zquez-Kelly amendment budget- I commend the gentleman from Vir- precedented in our history. But the neutral. Now, how many amendments ginia (Chairman WOLF) and the rank- economic boom is slowing down, finan- do we see on this floor that can say ing member, the gentleman from New cial losses for many companies are that? Budget-neutral. York (Mr. SERRANO) for the bill they mounting, and job cuts are affecting So let us stand for the American have brought before us, and for acting every industry in America. The current worker for a change and help restore to fund the 7(a) program at $77 million, CJS appropriations bill has called for a the fuel that drives the American econ- but I urge that we go one step further $129.7 million cut to the Small Business omy. and give this worthwhile program the Administration. At a time when we can Mr. DAVIS of Illinois. Mr. Chairman, funds needed to ensure its viability. least afford to do that for the Nation’s I move to strike the requisite number In the midst of economic uncer- small businesses, we are doing that. of words, and I rise in support of the tainty, that is not the time to impose And we come up with the excuses that Vela´ zquez-Kelly amendment. fees on lenders and reduce access to we cannot find the money here, we can- Mr. Chairman, I join with those indi- loans for small businesses. not find the money there, and we can- ´ viduals who recognize that small busi- The Kelly-Velazquez amendment also not wreck the President’s budget. We includes $5 million for the Program for nesses are in fact the economic engine have already done that. We have done that drives the economy of this coun- Investment in Microenterprises, known that in a bipartisan way as well. as the PRIME program, which is de- try. It is amazing to me that we can Not one dime, Mr. Chairman, is being understand how important, how rel- signed to increase investment and added to this appropriation, simply technical assistance in traditionally evant, how impactful small businesses taking from specific programs that underserved areas. These much-needed are to the economic viability and well- have already been budgeted a 100 per- funds will help PRIME provide train- being of our Nation and then cut those cent increase. I do not know. That is ing, technical assistance, and access to programs that are designed to enhance crazy, it sounds to me. That does not credit to entrepreneurs. and promote the same. Long-term studies charting the ef- sound like good budgeting. Not at all. This amendment is not a difficult fects of microenterprise investment These cuts affect the very guts of amendment. It is not one that is dif- have found that low-income individuals small business. The New Markets Ven- ficult to understand. It is not even one engaged in microenterprise develop- ture Capital Companies, the that costs a great deal of money. But it ment increase their personal incomes, BusinessLINC, the HUBZone program, is one that would generate in the build assets, and decrease their reli- the Small Business Investment Com- hearts and minds of small business peo- ance on government benefits. pany Program, and these are the pro- ple all over the Nation that this Con- When we are telling people that it is grams that serve a lot of low-income gress, that this administration does in time that they go from welfare to areas, areas that need our help. I think fact understand what small businesses work, we are teaching them skills and we can agree that slashing funding for mean to America. training them to do jobs, and what we these key SBA programs pushes aside So I want to commend both my col- also must do then is provide them with the collective futures of women-owned leagues, the gentlewoman from New the ability to go on to reach the Amer- and minority-owned small businesses York (Mrs. KELLY) and the gentle- ican dream, and that is to begin and to while at the same time assuring that woman from New York (Ms. succeed in businesses, tiny little busi- other small businesses lose access to VELA´ ZQUEZ). It seems as though New nesses, with microloan programs, so vital capital resources offered by the York has some understanding of small that they, too, can experience the abil- agency. business when we get two people, one ity to be part of the American dream. I want to salute the ranking member from each side of the aisle, recognizing Who knows who and where the next of the Committee on Small Business, that without the resources there is no Steve Jobs or Bill Gates is going to the gentlewoman from New York (Ms. way that we can keep our small busi- come from. It may come from one of VELA´ ZQUEZ), and my good friend and nesses alive, well, healthy, vibrant, and these programs. It is a very important colleague, the gentlewoman from New generating what is needed to keep our program that we do with BusinessLinc, York (Mrs. KELLY). This change that economy growing. with the PRIME program, and with the they have offered is on target, is real, Ms. JACKSON-LEE of Texas. Mr. 7(a) loan programs. I have people in my and is realistic. To begin with, the 7(a) Chairman, will the gentleman yield? own district who have moved from wel- loan program has a history of success Mr. DAVIS of Illinois. I yield to the fare into now very successful busi- in ensuring that capital is available gentlewoman from Texas. nesses. when small businesses need it. Since Ms. JACKSON-LEE of Texas. Mr. Mr. Chairman, I urge my colleagues 1992, the 7(a) program has helped with Chairman, I thank the gentleman for to support the Nation’s small busi- over $76 billion in loans to entre- his very fine words, and I want to add nesses and small business access to fi- preneurs. Last year alone, the 7(a) pro- my support for the amendment of both nancial and technical assistance and gram provided for 43,000 loans through- gentlewomen from New York and add adopt this amendment. out the United States of America into just a special aspect.

VerDate 19-JUL-2001 05:05 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.068 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4145 As my colleague well knows, we have There have been many calls from small out of Committee would zero out the program suffered in Houston an enormous im- businesses throughout my State that in fiscal year 2002. pact from Tropical Storm Allison. Part are looking at the reinstatement of While the amendment would add $5 million of the FEMA recovery is the Small some of the funding, so I am very back to the program, it still means the pro- Business Administration that is on the happy to support both the gentle- gram will be operating at a 66 percent cut ground helping businesses, small busi- woman from New York (Ms. from the previous year. nesses that are the backbone of our VELA´ ZQUEZ) and the gentlewoman from The offsets for these funding increases will community, recoupment. This is an im- New York (Mrs. KELLY) in their effort come from three of the biggest agencies in the portant amendment not only for those to be able to do that. federal government. The Congressional Budg- that have been damaged severely by The current Commerce, Justice, State Ap- et Office has scored the Vela´zquez-Kelly the storm, over $4 billion in damages, propriations (CJS) Bill, particularly the SBA Amendment ‘‘budget neutral.’’ but for all of the small businesses program funding levels, is perhaps the worst While these offsets come at a price to other around the country, and particularly bill in this nation’s history for small busi- those regional offices that have been so agency budgets, we believe these requests nesses. are not excessive. outstanding in helping to restore those The current CJS appropriations bill called businesses. for several loan and technical assistance pro- The Department of Commerce General Ad- So I thank the gentleman for yield- grams to be zeroed out in fiscal year 2002. ministration budget would be reduced by a ing. This is an excellent amendment, The total cut from $860 million down to total of $2 million—which keeps it at the cur- and might I conclude by simply saying $728 million in SBA’s overall budget. This rent funding level. There is also off budget budget-neutral. I think that is a key would cause over 10 critical programs to be funds, such as working capital funds, that can element to the need for passing this zeroed out, including New Markets Venture also help offset this reduction. amendment and providing opportunity Capital Companies, BusinessLINC, the The State Department would be reduced by for our small businesses. HUBZone program and the Small Business In- $8 million in their Diplomatic and Consular Mr. DAVIS of Illinois. Mr. Chairman, vestment Company Program. programs. This account received $400 million reclaiming my time, I want to thank Cutting access to capital and technical as- in increase in their overall budget. the gentlewoman from Texas for her sistance resources in a time of serious eco- Finally, the State Department’s Capital In- remarks, and I associate myself with nomic uncertainty creates a dangerous sce- vestment Fund would be cut by $7 million. them. nario where small businesses and the jobs This Fund was increased by $113 million over Mr. UDALL of New Mexico. Mr. they create will suffer in the long-term. the current funding level—which represents a Chairman, I move to strike the req- That scenario begins with the nearly $40 100 percent increase. uisite number of words. million dollar cut in the 7(a) Loan Program and The cuts in the program represent a cut at (Mr. UDALL of New Mexico asked the zeroing out of the ‘‘Program for Invest- the heart of SBA’s ability to deliver key finan- and was given permission to revise and ments and Microentrepreneurs’’ or PRIME. cial and technical assistance to small busi- extend his remarks.) The Vela´zquez-Kelly Amendment is a bipar- nesses. Mr. UDALL of New Mexico. Mr. tisan proposal that looks to restore a measure Chairman, I just want to thank the This is especially important as the economy of that funding to the 7(a), BusinessLINC and slows and mainstream capital sources begin gentlewoman from New York (Ms. PRIME programs. ELA´ ZQUEZ to tighten credit standards—particularly in the V ), the ranking minority THE 7(A) LOAN PROGRAM ADJUSTMENTS member of the Committee on Small high-risk pool of small business lending. The 7(a) Program history of success is In addition, it will retain the services these Business, and the gentlewoman from founded in over $76 billion in loans to entre- New York (Mrs. KELLY) for their hard programs provide to businesses in low-income preneurs since 1992. Last year alone, the 7(a) areas—companies that are frequently well-re- work on this amendment, which I rise Program provided for 43,000 loans totaling in support of. moved or simply ignored by conventional lend- $10.5 billion for small businesses. ing sources. Mr. Chairman, I rise to encourage my col- Unfortunately, the current bill calls for the leagues to support the Vela´zquez-Kelly 7(a) Program to be slashed from $114 million While the amendment would add only a Amendment that attempts to restore funding to in fiscal year 2001 to $77 million in fiscal year small portion, approximately $17 million, back the 7(a) Loan Program, BusinessLINC and 2002. This would result in approximately to these programs, it would allow them to re- PRIME programs. 20,000 fewer loans being made. main an important part of the public policy of As a member of the Small Business Com- The amendment would begin by restoring the SBA well into the future. mittee I fear that a reduction in those pro- $10 million to the 7(a) Program bringing the Mr. LANGEVIN. Mr. Chairman, I grams that assist numerous small businesses fiscal year 2002 funding level up to $87 million move to strike the requisite number of especially in rural and low-income areas—will appropriations—this is still well below fiscal words. greatly hinder their success. year 2001 appropriations. Mr. Chairman, I rise today in strong Key programs such as PRIME, the 7(a) THE BUSINESSLINC PROGRAM ADJUSTMENTS support of the bipartisan Vela´ zquez- Loan Program, and Business Link which are Kelly amendment which would restore critical to business growth have been inad- The BusinessLINC Program would promote mentor-prote´ge´ relationships between small a portion of the funding that was cut equately funded or zeroed out completely in from the Small Business Administra- this bill. businesses in low-income and high unemploy- ment areas and large companies. tion’s 7(a) loan and other crucial pro- In an economy with more questions than grams in the FY 2002 Commerce, Jus- answers, we should be increasing opportuni- While the fiscal year 2001 appropriation called for $7 million, the current legislation tice, State spending bill. By providing ties to access capital and technical assist- loan guarantees to eligible small busi- ance—not eliminating them when they are would eliminate the program by zeroing out appropriations for fiscal year 2002. nesses that would otherwise be unable most needed. to secure financing, 7(a) loans fill the Point out—many of these programs were The Vela´zquez Amendment would add $2 gap left by traditional private lenders designed to assist small businesses in low in- million to the CJS appropriations bill—unfortu- and supplies the necessary capital for come areas and in minority communities. My nately this still represents more than a 60 per- America’s small businesses to expand district is one which needs this assistance. cent cut in the program. I urge my colleagues to support this amend- THE PRIME PROGRAM ADJUSTMENTS and create jobs. ment which will restore funding to these vital PRIME establishes a technical assistance Last year, this crucial program programs used by small businessmen and program for disadvantaged Microloan partici- backed more than 43,000 loans worth women. pants located in low-income communities. over $10.5 billion to small firms nation- Mrs. NAPOLITANO. Mr. Chairman, I But more importantly, PRIME creates a sys- wide. In the first 6 months of this year, move to strike the requisite number of tem where before the loan process even be- 24 different financial institutions in words. gins, entrepreneurs are brought to discuss Rhode Island approved over 540 7(a) (Mrs. NAPOLITANO asked and was every detail of the process—and in doing so loans for a total of over $61 million to given permission to revise and extend are able to better determine whether a loan is Rhode Island’s small business commu- her remarks.) or is not necessary. nity. In fact, 7(a) loans make up nearly Mrs. NAPOLITANO. Mr. Chairman, I The fiscal year 2001 appropriation was at one-third of all long-term loans made also rise in support of the amendment. $15 million for PRIME—H.R. 2500 as reported to U.S. small businesses.

VerDate 19-JUL-2001 05:05 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.126 pfrm01 PsN: H18PT1 H4146 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Mr. Chairman, this program is impor- bring new and innovative services and prod- taged businesses. In developing the tant to every small business in Amer- ucts to the marketplace and provide business BusinessLinc program, local coalitions have ica, and it deserves the continued sup- ownership opportunities to diverse and tradi- taken creative approaches to assist small port of the Congress. At a time when tionally underrepresented groups. Many of businesses to employ strategies that best re- an economic downturn threatens busi- these small businesses rely on the valuable spond to the needs of the community. nesses, jobs, and families across the loan assistance, technical training and grant My colleague, NYDIA VELA´ZQUEZ, the Rank- country, cuts to SBA programs pose programs offered by the SBA. These harsh ing Member of the Small Business Committee more danger than ever. Therefore, I budget cuts would severely impact Rhode Is- will offer an amendment to restore funding to strongly urge my colleagues to vote in land’s small business community, just when this program. I urge my colleagues to support favor of the Vela´ zquez-Kelly amend- we need their contributions the most. the amendment and demonstrate their support ment, and I strongly and admirably In closing, Mr. Chairman, these unwarranted for business growth by funding BusinessLinc. commend the gentlewoman from New cuts to SBA’s budget will seriously undermine Mr. RUSH. Mr. Chairman, I rise in support York (Ms. VELA´ ZQUEZ) and the gentle- the agency’s ability to deliver services to small of the Vela´zquez-Kelly amendment to add $10 woman from New York (Mrs. KELLY) on businesses. The small business community million to the Business Loans program ac- their efforts. supplies over half of the nation’s workforce, count. In particular, I support $5 million for the Mr. Chairman, I rise today to address the and in the last decade has shown the greatest ‘‘Program for Investments in Microentre- severe funding cuts in Small Business Admin- growth in our economy. In order to continue preneurs’’ or PRIME. istration programs that were reported in the this successful entrepreneurial trend, small PRIME, a bill that I sponsored in 1999, was FY 2002 Commerce-Justice-State spending businesses need the access to capital that authorized with broad bipartisan support as bill. SBA provides. I would strongly urge the ap- part of the Financial Services Modernization While I understand the appropriators’ dif- propriators to reconsider their decision to cut Act. Under PRIME, the Small Business Adminis- ficult task for maintaining fiscal responsibility SBA’s funding. The small business community tration is authorized to award grants to non- while adequately funding the wide variety of deserves our full-fledged support and nothing profit microenterprise development organiza- programs contained in this bill, I am extremely less. disappointed in the subcommittee’s decision to Mrs. JONES of Ohio. Mr. Chairman, I tions. These loans are vital to the initial suc- cess of start-up small businesses. Many of the slash SBA funding by $132 million, a 15 per- move to strike the requisite number of minority or disadvantaged entrepreneurs in cent decrease from FY 2001. words. In particular, I am very concerned about the (Mrs. JONES of Ohio asked and was low income communities who depend on $30 million in cuts to the 7(a) guaranteed loan given permission to revise and extend these funds have no other access to capital. However, PRIME no only provides des- program. By providing loan guarantees to eli- her remarks.) perately needed capital, it also provides the gible small businesses that would otherwise Mrs. JONES of Ohio. Mr. Chairman, I technical assistance necessary to ensure the be unable to secure private financing, this cru- want to be heard and go on the record ongoing viability of a new business. Thus, new cial loan program fills the gap left by traditional in support of my colleagues, the gentle- small business developers will be able to ac- private lenders and supplies the necessary woman from New York (Ms. cess the expertise they need to operate their capital for America’s small businesses to ex- VELA´ ZQUEZ) and the gentlewoman from fledgling businesses. pand and create jobs. The committee’s fund- New York (Mrs. KELLY), with regard to With the slowing economy and ever greater ing level amounts to a 32 percent cut and this amendment. numbers of unemployed, it is critical that we would eliminate an estimated 14,000 critical Particularly of importance to my continue to provide opportunities for self-suffi- loan guarantees. community is the BusinessLINC pro- ciency through self-employment. There are ap- Just last year, the 7(a) program backed gram that would allow businesses and proximately 400 microenterprise providers in more than 43,000 loans worth over $10.5 bil- the community to work together in im- the US moving about $2 billion dollars in cap- lion to small firms nationwide. Since 1992, the proving small business. ital. The $10 million requested for the Busi- program has provided almost $76 billion in Mr. Chairman, when Congress passed legis- ness Loans program and PRIME in particular, capital to America’s small entrepreneurs. In lation to establish the New Markets Initiative will help expand these efforts and strengthen fact, 7(a) loans make up nearly 30 percent of last December, it did so in a spirit of biparti- the overall economy. all long-term loans made to U.S. small busi- sanship, to ensure that all of our nation’s com- Congress appropriated $15 million in the nesses. This program is important to every munities have the opportunity to realize the Fiscal Year 2001 Commerce-Justice-State Ap- small business in America, and it deserves the American dream. propriations for PRIME Act implementation. continued support of Congress. BusinessLinc is an innovative partnership The offsets necessary to pay for this amend- Another element of the 15 percent cut to between the Small Business Administration, ment will have no impact on the ability of the SBA would end the New Market Venture Cap- the Treasury Department, and the business agencies concerned to operate or fulfill their ital initiative, and the PRIME and BusinessLinc community. The program encourages large responsibilities. programs. The New Market Venture Capital businesses to work with small business own- I urge my colleagues on both sides of the Program, which was designed to spur invest- ers and entrepreneurs to provide technical as- aisle to vote in favor of this amendment. ment in low-and moderate-income commu- sistance and mentoring. This program will im- Mrs. CHRISTENSEN. Mr. Chairman, I rise nities and passed with overwhelming bipar- prove the economic competitiveness of small- today in support of the Vela´zquez-Kelly tisan support last year, has been zeroed out in er firms located in distressed areas, both amendment. First I would like to commend this year’s bill. The funding for the PRIME pro- urban and rural. Ranking Member VELA´ZQUEZ and Congress- gram, which allows the SBA to award grants In speaking with many small businesses in woman KELLY for their leadership in bringing to non-profit micro-enterprise development or- my community, the Eleventh District of Ohio, it this amendment to the floor. ganizations, has also been eliminated. Finally, is clear that business success is predicated on Mr. Chairman, the current Commerce, Jus- BusinessLinc, which grants funding to local a number of factors, such as the quality of the tice, State Appropriations (CJS) Bill, particu- non-profit economic development organiza- product or service, its price, marketing, the fi- larly the SBA program funding levels, is per- tions to assist them in bringing local busi- nancial stability of the business, and the own- haps the worst bill in this nation’s history for nesses to the attention of large corporations, er’s experience. But one factor which has small businesses. The CJS appropriations bill has been underfunded to the point that the been largely overlooked in legislation is a calls for several loan and technical assistance program will effectively no longer exist. Dis- business person’s contacts within the commu- programs to be zeroed out in FY 2002. The continuing these vital programs will undoubt- nity. Some call this the effect of the ‘‘old boy’s total cuts from $860 million down to $728 mil- edly negatively affect economic development club.’’ lion in SBA’s overall budget would eliminate initiatives targeted to assist low-income and My constituents have conveyed their frustra- over 10 critical programs, including the New minority business communities. At a time tion at being left out of informal networks that Markets Venture Capital Companies, when an economic downturn is threatening form the basis for later business dealings. BusinessLINC, the HUBZone Program and the businesses, jobs and families across the coun- These informal networks have a decided effect Small Business Investment Company Pro- try, these kinds of cuts pose more danger than on an owner’s ability to plan and a small busi- gram. This bill, as it is currently written, essen- ever. ness’ ability to grow. Simply stated—informa- tially wipes out the small business programs Small businesses are the backbone of tion and skills are key to success. that we fought for last Congress. Rhode Island’s economy and account for more BusinessLinc will provide much-needed ac- The Vela´zquez-Kelly amendment is a bipar- than 95 percent of the jobs in the state. They cess to mentoring and support for disadvan- tisan proposal that looks to restore a measure

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K18JY7.072 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4147 of funding to the 7(a), BusinessLINC and tleman from Texas (Mr. DELAY) and a begin to sense the opportunities and PRIME Programs. The 7(a) Program history of Member opposed each will control 5 blessings of self-government they will success is founded in over $76 billion in loans minutes. soon shake off the shackles of com- to entrepreneurs since 1992. Last year alone, The Chair recognizes the gentleman munism. We look forward to that day. the 7(a) Program provided for 43,000 loans to- from Texas (Mr. DELAY). But until the Chinese people are lib- taling $10.5 billion for small businesses. Unfor- Mr. DELAY. Mr. Chairman, I yield erated to determine their own destiny, tunately, the current bill calls the 7(a) Program myself such time as I may consume, we must stand firm in defense of our to be slashed from $114 million in FY 2001 to and I rise to offer an amendment that commitment to freedom. This amend- $77 million in FY 2002. This would result in will stop any payment from being sent ment does just that. It will send a clear approximately 20,000 fewer loans being made. from the United States Government to signal to the Communist rulers in The BusinessLINC Program would promote the Communist Chinese Government China: If you thought intimidation mentor-prote´ge´ relationships between small that is related to the downing of our would persuade the United States to businesses in low-income and high unemploy- Navy EP–3 aircraft and the detention abdicate the defense of freedom, it ment areas and large companies. The CJS bill of our crew members. failed. would eliminate the program by zeroing out I take this amendment, quite frank- We support open ties with all peoples, appropriation for FY 2002. This amendment ly, from a bill authored by the gen- especially Chinese families struggling would add $2 million to the CJS appropriations tleman from California (Mr. LANTOS), a beneath communism. We seek the free bill. PRIME establishes a technical assistance more extensive bill than this amend- exchange of goods, services and demo- program for disadvantaged Microloan partici- ment; but I appreciate the fight that cratic ideals with men and women pants. While the amendment would add $5 the gentleman from California (Mr. around the world. We wish to cultivate million back to the program, the program will LANTOS) is putting up, and I appreciate stronger ties between the Chinese peo- be operating at a 66% cut from the previous him in this regard. ple and the United States. But Jiang year. However, some funding is better than no I must say that in offering this Zemin and his circle of apparatchiks funding. amendment it must never be American will never deter America from flying Mr. Chairman, the offsets for these funding policy to pay tribute to aggressive re- patrols to the frontier of freedom. increases will come from three of the biggest gimes. Such a payment would not only Mr. Chairman, I ask support for this agencies in the federal government. While violate a hard-won tradition of con- amendment. these offsets come at the expense of other fronting international aggression, it Mr. Chairman, I reserve the balance agency budgets, we believe these requests would force America to abdicate a role of my time. are not excessive. We are just attempting to as the leading defender of free move- Mr. LANTOS. Mr. Chairman, I am obtain a fair distribution of funding. It is unfair ment through the world’s international not opposed to the amendment, but I that some agencies receive 100% increases, skies and waters. And it is not a duty ask unanimous consent that I may con- while programs that deliver key financial and we are willing to duck. trol the time in opposition. technical assistance to small businesses—the The brazen audacity of some de- The CHAIRMAN. Is there objection engine for growth in our economy—are zeroed mands can almost take on a kind of a to the request of the gentleman from out. We cannot afford to cut funding for small comic grandeur. At first glimpse, the California? business development and assistance as the preposterous suggestion that the There was no objection. economy slows and mainstream capital United States is somehow indebted to The CHAIRMAN. The gentleman sources begin to tighten credit standards. We the Communist Chinese Government from California is recognized for 5 min- must continue to retain the services that the for the costs associated with downing utes. 7(a), BusinessLINC, and PRIME provide to our plane and detaining our air crew Mr. LANTOS. Mr. Chairman, I yield businesses in low-income areas—companies appears to fall into that camp. And for myself such time as I may consume. that are too often frequently well removed or that reason, we are tempted to dismiss First, I want to commend my friend, simply ignored by conventional lending the Communist Chinese Government’s the gentleman from Texas (Mr. sources. demand for compensation as the de- DELAY), the distinguished Republican The CHAIRMAN. The question is on luded daydreams of a despotic regime. Whip, for bringing this matter to my the amendment offered by the gentle- But as illogical and unbelievable as attention, thereby expediting the proc- woman from New York (Ms. it may sound, today Communist lead- ess that several of us began some time VELA´ ZQUEZ). ers in Beijing are soberly demanding ago. The amendment was agreed to. that the people of the United States I introduced the free-standing bill, AMENDMENT NO. 17 OFFERED BY MR. DELAY pay them $1 million in compensation. Mr. Chairman, on behalf of the gen- Mr. DELAY. Mr. Chairman, I offer an The idea that American taxpayers tleman from Illinois (Mr. HYDE), the amendment, and I ask unanimous con- should start rewarding Communist pi- distinguished chairman of the Com- sent to reach ahead in the bill. racy is as contemptible as it is un- mittee on International Relations, and The CHAIRMAN. Is there objection likely to happen. This Congress will the distinguished chairman and rank- to the request of the gentleman from never allow a single dollar to be used ing member of the Committee on Texas? to compensate the perpetrators of an Armed Services which seeks to achieve There was no objection. international aggression. what the DeLay amendment seeks to The CHAIRMAN. The Clerk will des- This is simply the latest example of achieve. ignate the amendment. the reckless, ruthless, and irrational On April 1, 2001, a Chinese F–8 fighter The text of the amendment is as fol- mindset of China’s Communist govern- flew dangerously close to a United lows: ment. President Bush is standing firm States Navy EP–3 aircraft which was Amendment No. 17 offered by Mr. DELAY: for freedom. We need to support the ad- on a routine reconnaissance mission in Page 108, after line 22, insert the following: ministration by staking out a very international air space off the coast of TITLE VIII—ADDITIONAL GENERAL clear position because, if history has China; and it collided with it, resulting PROVISIONS taught us anything, it teaches that ap- in structural damage to our aircraft. SEC. 801. None of the funds appropriated in peasement is nothing more than a The crew of our aircraft transmitted this Act may be used to negotiate or pay any downpayment on further trials and a series of Mayday distress calls, and request or claim by the Government of the added hardships. To export our Amer- they were able to successfully land at People’s Republic of China for reimburse- the nearest air field due to the heroic ment of the costs associated with the deten- ican values, we must always be pre- tion of the crewmembers of the United pared to defend our interests. actions of our pilot and of our crew to keep the plane in the air until it could States Navy EP–3 aircraft that was forced to b 1445 land on Hainan Island, China, on April 1, land safely. 2001, or for reimbursement of any of the We must remain engaged with China. The 24 crew members of the EP–3 air- costs associated with the return of the air- We owe it to the billion Chinese people craft were detained against their will, craft to the United States. who are victimized by an oppressive and I underscore this, Mr. Chairman. The CHAIRMAN. Pursuant to the and abusive Communist government. The 24 crew members of our aircraft order of the House of today, the gen- We know that once the Chinese people were detained against their will for 11

VerDate 19-JUL-2001 05:05 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.045 pfrm01 PsN: H18PT1 H4148 CONGRESSIONAL RECORD — HOUSE July 18, 2001 days before being released, in clear vio- Texas (Mr. DELAY) for offering the by 5 U.S.C. 3109; and uniforms or allowances lation of international rules governing amendment. therefore, as authorized by law (5 U.S.C. the treatment of such personnel and The gentleman from California (Mr. 5901–5902). SEC. 203. None of the funds made available despite repeated requests for their re- LANTOS) can almost argue that we by this Act may be used to support the hurri- lease by the United States government should be sending the Chinese govern- cane reconnaissance aircraft and activities at the highest levels. ment a bill if we look at the precedent that are under the control of the United The Chinese military authorities that was set with regards to Serbia and States Air Force or the United States Air boarded the aircraft, removed equip- the destruction of their embassy. But I Force Reserve. ment from our aircraft, notwith- think it is a great amendment, and I SEC. 204. Not to exceed 5 percent of any ap- standing its status under international hope that it is passed by unanimous propriation made available for the current fiscal year for the Department of Commerce law as the property of the United vote and that this sends a message to in this Act may be transferred between such States of America. The Chinese govern- the Chinese government. appropriations, but no such appropriation ment, Mr. Chairman, refused to allow Mr. DELAY. Mr. Chairman, I yield shall be increased by more than 10 percent the United States to repair the downed such time as he may consume to the by any such transfers: Provided, That any aircraft in Hainan. It refused to allow gentleman from New York (Mr. transfer pursuant to this section shall be it to be flown back to the United SERRANO). treated as a reprogramming of funds under States. It instead demanded that the Mr. SERRANO. Mr. Chairman, I sup- section 605 of this Act and shall not be avail- able for obligation or expenditure except in United States cut the plane into pieces port the gentleman’s amendment. I am compliance with the procedures set forth in and return it to the United States on a very strong on dealing with China and that section. leased transport aircraft. trading with China, but I think this SEC. 205. Any costs incurred by a depart- Now the Chinese government has pre- particular incident was very unfortu- ment or agency funded under this title re- sented us with a $1 million invoice nate. It is pretty much an arrogant sulting from personnel actions taken in re- which allegedly covers the expenses of statement to try to charge us and to sponse to funding reductions included in this the 24 crew members while held in cap- create more out of what clearly was a title or from actions taken for the care and protection of loan collateral or grant prop- tivity and related expenses. mistake on their part. I support the erty shall be absorbed within the total budg- This, Mr. Chairman, is the ultimate gentleman’s amendment, and I hope etary resources available to such department arrogance on the part of this Com- there is bipartisan support for the or agency: Provided, That the authority to munist regime. The accident was amendment. transfer funds between appropriations ac- caused by reckless action by a Chinese Mr. DELAY. Mr. Chairman, I yield counts as may be necessary to carry out this pilot with a long and documented his- myself such time as I may consume. section is provided in addition to authorities tory of taking overly aggressive ac- Mr. Chairman, I appreciate the sup- included elsewhere in this Act: Provided fur- tions in intercepting United States re- port of the gentleman from New York ther, That use of funds to carry out this sec- tion shall be treated as a reprogramming of connaissance aircraft operating in (Mr. SERRANO), and I want to make it funds under section 605 of this Act and shall international air space. clear that this amendment does not go not be available for obligation or expendi- The Chinese government failed to against the people of China. We all sup- ture except in compliance with the proce- comply with its international obliga- port the people of China. This is a dures set forth in that section. tions immediately to return our crew statement against the Communist gov- SEC. 206. The Secretary of Commerce may members. ernment of China and some of their award contracts for hydrographic, geodetic, The United States government, Mr. outrageous actions. and photogrammetric surveying and map- Chairman, has already incurred signifi- The CHAIRMAN. The question is on ping services in accordance with title IX of cant costs associated with the recovery the Federal Property and Administrative the amendment offered by the gen- Services Act of 1949 (40 U.S.C. 541 et seq.). of our aircraft, including the dis- tleman from Texas (Mr. DELAY). SEC. 207. The Secretary of Commerce may patching of our personnel and other The question was taken; and the use the Commerce franchise fund for ex- employees of our government to the Chairman announced that the ayes ap- penses and equipment necessary for the Chinese island of Hainan to cut the air- peared to have it. maintenance and operation of such adminis- craft into pieces and pack it aboard a Mr. LANTOS. Mr. Chairman, I de- trative services as the Secretary determines cargo plane and leasing the cargo plane mand a recorded vote. may be performed more advantageously as itself. The CHAIRMAN. Pursuant to clause central services, pursuant to section 403 of Public Law 103–356: Provided, That any inven- We are currently evaluating, Mr. 6 of rule XVIII, further proceedings on tories, equipment, and other assets per- Chairman, whether this aircraft can be the amendment offered by the gen- taining to the services to be provided by repaired to make it airworthy again or tleman from Texas (Mr. DELAY) will be such fund, either on hand or on order, less whether a new EP–3 aircraft must be postponed. the related liabilities or unpaid obligations, purchased to replace it. The cost of The Clerk will read. and any appropriations made for the purpose that would be $80 million. The Clerk read as follows: of providing capital shall be used to cap- Mr. Chairman, our resolution and the OFFICE OF INSPECTOR GENERAL italize such fund: Provided further, That such amendment of the gentleman from fund shall be paid in advance from funds For necessary expenses of the Office of In- available to the Department and other Fed- Texas (Mr. DELAY) makes it clear that spector General in carrying out the provi- eral agencies for which such centralized it is the sense of the Congress of the sions of the Inspector General Act of 1978, as services are performed, at rates which will United States that we have to make a amended (5 U.S.C. App. 1–11, as amended by return in full all expenses of operation, in- full accounting of all of the costs asso- Public Law 100–504), $21,176,000. cluding accrued leave, depreciation of fund ciated with this outrage, clearly pre- GENERAL PROVISIONS—DEPARTMENT OF plant and equipment, amortization of auto- cipitated by the action of the Chinese COMMERCE mated data processing (ADP) software and pilot, and that no payment, not one SEC. 201. During the current fiscal year, ap- systems (either acquired or donated), and an dime, may be paid to the Chinese gov- plicable appropriations and funds made amount necessary to maintain a reasonable ernment until the Chinese government available to the Department of Commerce by operating reserve, as determined by the Sec- this Act shall be available for the activities retary: Provided further, That such fund shall reimburses us for the whole cost of this specified in the Act of October 26, 1949 (15 provide services on a competitive basis: Pro- disgraceful episode. That may run well U.S.C. 1514), to the extent and in the manner vided further, That an amount not to exceed over $80 million. prescribed by the Act, and, notwithstanding 4 percent of the total annual income to such Mr. Chairman, I strongly urge all of 31 U.S.C. 3324, may be used for advanced pay- fund may be retained in the fund for fiscal my colleagues to support the amend- ments not otherwise authorized only upon year 2002 and each fiscal year thereafter, to ment of the gentleman from Texas (Mr. the certification of officials designated by remain available until expended, to be used DELAY). the Secretary of Commerce that such pay- for the acquisition of capital equipment, and for the improvement and implementation of Mr. DELAY. Mr. Chairman, I yield ments are in the public interest. SEC. 202. During the current fiscal year, ap- department financial management, ADP, and such time as he may consume to the propriations made available to the Depart- other support systems: Provided further, That gentleman from Virginia (Mr. WOLF). ment of Commerce by this Act for salaries such amounts retained in the fund for fiscal Mr. WOLF. Mr. Chairman, I rise in and expenses shall be available for hire of year 2002 and each fiscal year thereafter strong support of the amendment and passenger motor vehicles as authorized by 31 shall be available for obligation and expendi- want to commend the gentleman from U.S.C. 1343 and 1344; services as authorized ture only in accordance with section 605 of

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.098 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4149 this Act: Provided further, That no later than fornia and southern Oregon border be held accountable. Perhaps if we 30 days after the end of each fiscal year, have had their livelihood stripped from force them to share some of the pain, amounts in excess of this reserve limitation them by the Federal Government. A they will stop to consider the real con- shall be deposited as miscellaneous receipts community of 70,000 could go bankrupt. sequences of reckless actions. in the Treasury: Provided further, That such That is also why I have introduced franchise fund pilot program shall terminate On April 6 of this year, the Bureau of pursuant to section 403(f) of Public Law 103– Reclamation announced that there will H.R. 2389. It recognizes that what has 356. be no water, zero water for farming happened in the Klamath Basin is a This title may be cited as the ‘‘Department this year because, in the opinion of a government-caused disaster. As such, of Commerce and Related Agencies Appro- select group of biologists and based on it requires the Federal Government to priations Act, 2002’’. what many feel is flawed science, every pay for the economic losses that have AMENDMENT NO. 1 OFFERED BY MR. HERGER drop of water was needed for the pres- been sustained. I ask for the support Mr. HERGER. Mr. Chairman, I offer ervation of two species of fish. Based and consideration of my colleagues on an amendment. only on a best guess about these spe- this bill. I also ask my colleagues to re- The CHAIRMAN. The Clerk will des- cies and what is needed to sustain alize what is currently happening ignate the amendment. them, the National Marine Fishery under the Endangered Species Act and The text of the amendment is as fol- Service and the U.S. Fish and Wildlife join me in demanding that it be mod- lows: Service have deprived these commu- ernized because, Mr. Chairman, Ameri- Amendment No. 1 offered by Mr. HERGER: nities of the use of their water rights cans are being needlessly hurt. Page 63, after line 9, insert the following: and their land. Mr. Chairman, I yield back the bal- TITLE IIA—DEPARTMENT OF JUSTICE Mr. Chairman, this is the poster child ance of my time. Mr. YOUNG of Florida. Mr. Chair- KLAMATH PROJECT WATER RIGHTS for the injustices that are occurring COMPENSATION under the current implementation of man, I continue to reserve the point of For just compensation for private property the Endangered Species Act. Under this order. Mr. SERRANO. Mr. Chairman, I taken for public use, as required by the 5th well-intentioned law, communities move to strike the last word. Amendment to the Constitution of the throughout the West are going broke, United States, for payment by the Attorney Mr. DICKS. Mr. Chairman, will the General to the water users of the Klamath and in some cases human lives are gentleman yield? Project for the Federal taking of water being placed in jeopardy. Mr. SERRANO. I yield to the gen- rights pursuant to the Klamath Reclamation Mr. Chairman, this need not happen. tleman from Washington. Project 2001 Annual Operations Plan, which As a country that put a man on the Mr. DICKS. Mr. Chairman, I rise re- provides for the delivery of no water to most moon three decades ago, I am con- luctantly in opposition to this amend- of the lands served by the Klamath Reclama- vinced we can both protect fish and ment. As I understand the gentleman’s tion Project, and instead implements an al- provide economic stability for our amendment, it would take $200 million ternative plan developed pursuant to the En- rural communities. Regrettably, under dangered Species Act of 1973; and the amount out of the National Marine Fisheries otherwise provided in this Act for ‘‘National the current implementation of the Service’s budget. I think that would be Oceanic And Atmospheric Administration— ESA, it is an either/or proposition. devastating to their budget. The whole Operations, Research, and Facilities’’ (and My amendment explicitly recognizes problem we have got in the Northwest the amounts specified under such heading for that the Endangered Species Act also is difficult, but we have got to work direct obligations, appropriation from the continues to come into direct conflict with the National Marine Fisheries General Fund, and the National Marine Fish- with fundamental U.S. constitutional Service because Congress gave them eries Service) are hereby reduced by; rights and protections. It seeks simply the responsibility of administering the $200,000,000. to ensure that the government satisfies Endangered Species Act. They are The CHAIRMAN. Pursuant to the its mandate under the Fifth Amend- doing their best. In fact, I think we order of the House of today, the gen- ment of the Constitution to provide should be giving them additional sup- tleman from California (Mr. HERGER) just compensation for the taking of port so that they can get the job done and a Member opposed each will con- private property for a public use. and deal with these regulatory prob- trol 5 minutes. We have a responsibility to uphold lems. The Chair recognizes the gentleman constitutional protections when they Also in these situations like this, the from California (Mr. HERGER). are compromised by the implementa- way to approach the problem is to do a POINT OF ORDER tion of Federal laws. It is also a first habitat conservation plan, work with Mr. WOLF. Mr. Chairman, I make a step toward rectifying the financial the regulators, and come up with a point of order against the amendment harm that the government has caused plan under which you can go forward. I because it provides an appropriation in this area. know this is a tough problem, and if for an unauthorized program; there- As the agency partly responsible for you want to deal with it, you have got fore, it violates clause 2 of rule XXI. this decision, NMFS, which is funded to change the Endangered Species Act, The CHAIRMAN. The gentleman at more than $540 million in this bill, which I do not favor, but to come here from Virginia makes a point of order. will be forced under my amendment to and to take $200 million out of the Na- Mr. WOLF. Mr. Chairman, I reserve a cover the cost of compensation. That is tional Marine Fisheries Service would point of order. simple accountability. No amount of be a disaster. The CHAIRMAN. Does any Member money can fully rectify the harm that Mr. DICKS. Mr. Chairman, I claim wish to be heard on the point of order? has been done to these communities. A the time in opposition. Mr. WOLF. Mr. Chairman, I reserve a way of life is at risk. Ultimately, the The CHAIRMAN. The gentleman point of order. Endangered Species Act must be up- from Washington is recognized for 5 The CHAIRMAN. The gentleman dated and balance must be restored if minutes. from California (Mr. HERGER) is recog- we are to preserve this way of life and Mr. DICKS. Mr. Chairman, I yield 2 nized for 5 minutes. prevent future injustices here and in minutes to the gentleman from Oregon Mr. HERGER. Mr. Chairman, I yield other parts of the country. (Mr. BLUMENAUER). myself such time as I may consume. Mr. BLUMENAUER. Mr. Chairman, I Mr. Chairman, I appreciate the hard b 1500 thank the gentleman for yielding me work that the gentleman from Virginia But as we speak, a select few individ- this time; and I agree with what he is (Mr. WOLF) and the members of the uals are bearing severe economic and saying in terms of the danger were this Committee on Appropriations have put social burdens. Fundamental principles approach to be taken to penalize other into this bill. of fairness and justice demand that areas throughout the Pacific North- Mr. Chairman, I offer this important they be compensated. These are public west that are dealing with problems amendment today on an issue that is burdens which should rightfully be with salmon recovery. But I fundamen- receiving national attention. Approxi- borne by the public as a whole. tally disagree with my friend from mately 1,500 family farmers and scores Moreover, Federal agencies that are California’s primary premise. of agriculture-dependent businesses responsible for harming Americans If there were no Endangered Species and families along the northern Cali- through their regulatory actions will Act, the people in the Klamath Basin

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.019 pfrm01 PsN: H18PT1 H4150 CONGRESSIONAL RECORD — HOUSE July 18, 2001 would be in desperate straits. It is be- currently being farmed. There is grow- the Klamath River. It is interesting cause the Federal Government has ing support for this type of solution. In sitting here considering what we are overcommitted over the course of the fact, there are nearly 100 farmers in the talking about. last century the water in the Klamath area that have already come forward In the 1960s, the Bureau of Reclama- Basin. What we should be doing, rather and are willing to put up some 30,000 tion made an effort to actually poison than penalize people who are trying to acres of their privately owned land to the suckerfish in the Klamath. They deal with species recovery, is to go be able to achieve the success that we thought it was a pest, and they at- back and help the people in need. need to reach in that area. tempted to remove it. Now 40 years We should not have a series of tem- Mr. Chairman, let us turn to real, later, we are here arguing about what porary payments that they have to go positive solutions in the Klamath and to do to protect the suckerfish. The sad through legal hoops to obtain. It is not decimate the National Marine part of it, the sucker policy, if you very unlikely that it would occur. It is Fisheries Service budget or the Endan- will, here, is that there is a study by far better that we step up and provide gered Species Act. Oregon State University that shows money for a permanent solution which Mr. DICKS. Mr. Chairman, I yield the preferred action that Fish and is to reduce the conflicting water de- back the balance of my time. Wildlife Service or NMFS is putting mands in the Klamath Basin. We can Mr. WOLF. Mr. Chairman, I continue forward, that is, raising the lake level, do that by making generous payments to reserve the point of order, and I will actually hurt the coho salmon to willing sellers who will sell their move to strike the requisite number of which is also a listed species. land. We can buy back at fair value words. The fact is this really is a sucker pol- conservation easements and water Mr. Chairman, I yield to the gen- icy. Thankfully, one of our friends to rights. If we do this, we will make tleman from North Carolina (Mr. the north, Senator SMITH of Oregon, is these people whole, we will not penal- JONES). no sucker. He has thoughtfully pro- ize Native Americans and other people Mr. JONES of North Carolina. Mr. posed that we follow the facts outlined up and down the West Coast, and we Chairman, I want to start my brief in a plan from 1993, much of which is will not be back here time after time comments with a quote by Patrick still awaiting implementation. This after time. Henry: comprehensive plan balances the needs The gentleman from California is The Constitution is not an instrument for of wildlife while providing sufficient right, the Federal Government has the government to restrain the people. It is water to our farms and communities. made a mess, but it is not the Endan- an instrument for the people to restrain the The plan basically says, if the gov- gered Species Act, it is the fact that government, lest it come to dominate our ernment truly wants to save these there are more demands on water in lives and interests. suckerfish, why do they not improve the Klamath Basin, for waterfowl, for Mr. Chairman, the reason I am the habitat in the current lake? Why agriculture, for endangered species. We speaking in behalf of the gentleman have they not created suckerfish need a comprehensive solution. I from California’s amendment is that I hatcheries or worked to restrict the strongly urge rejecting this amend- visited his district in June and I had a growth of suckerfish predators as set ment and approaching it in a way that chance to meet these people. I can hon- forth in the plan? It is a real dilemma we can put in place a permanent solu- estly tell Members that there is some- to me that this sucker punch policy on tion which is to give them compensa- thing wrong with the Federal Govern- suckerfish is being jammed down our tion and reduce the demands on water ment when the Federal Government is throat. that the Federal Government has trying to put people out of business Mr. Chairman, I hope that this body messed up. who are trying to make a living and will follow the leadership of Senator Mr. DICKS. Mr. Chairman, I yield 2 paying their taxes. SMITH and the other Senator from Or- minutes to the gentleman from Cali- Down in my district of North Caro- egon, Senator WYDEN, and my col- fornia (Mr. THOMPSON). lina, we have an issue with the piping leagues in the House, the gentleman Mr. THOMPSON of California. Mr. plover. The piping plover is a bird that from California (Mr. HERGER), the gen- Chairman, I rise in opposition to this the Federal Government is going to tleman from North Carolina (Mr. amendment. However, I agree with my make a decision that will have a tre- JONES), and the gentleman from Or- colleague from California that there is mendous economic impact in a nega- egon (Mr. WALDEN) when we consider a serious problem in the Klamath tive way on many States in the south- how many people in California and Or- Basin. This year a severe drought has eastern part of the United States. egon will be punished because the Fed- further exacerbated the pressure on the I wanted to say and the reason I want eral Government ignored its own 1993 fishing industry, tribal interests, the to be a small part of this debate is it is recommendations and is now acting on economic well-being of the farmers, a shame when a suckerfish has more bad science to change the balanced pol- and the waterfowl that use this very influence on the Federal Government icy that has existed but not been im- critical part of the Pacific Flyway. than the people who have been prom- plemented for the past 8 years. However, the underlying issue is an ised land and promised water years and If we do not correct this egregious overcommitment of water in the Klam- years ago. policy error, then our constituents will ath Basin. The farmers in this region I want to say to my friends on the know us for the suckers we are. do need our assistance, and the Senate other side who are in opposition to the POINT OF ORDER has already taken steps to provide im- gentleman from California’s amend- The CHAIRMAN. Does the gentleman mediate assistance to those farmers ment, I certainly understand their po- from Virginia insist on his point of hurt by the drought this year. But we sition and respect that. Again, this is order? need to recognize that there is simply your part of the United States of Mr. WOLF. I do, Mr. Chairman. not enough water to meet all the cur- America, but when it comes to the En- The CHAIRMAN. Does the gentleman rent demand in the Klamath Basin. dangered Species Act, the ESA is hav- from California wish to be heard on the The answer to this problem is to work ing a very negative impact across this point of order? together across both State and party Nation. What we need to do is to re- Mr. HERGER. Yes, I do, Mr. Chair- lines to using the best available form the Endangered Species Act and man. science to come up with a solution that find a balance so that nature and peo- The CHAIRMAN. The gentleman includes reducing water demands and ple can move forward. from California is recognized. at the same time helps farmers and Mr. WOLF. Mr. Chairman, I continue Mr. HERGER. Mr. Chairman, this is a tribes and conserves the region’s fish to reserve the point of order. critically important amendment on an and waterfowl habitat. Mr. Chairman, I yield to the gen- issue that has national implications. These solutions would include en- tleman from California (Mr. OSE). The bankrupting of family farmers and hancing the CRP, the WRP, and the Mr. OSE. I thank the gentleman from rural communities in the Klamath WHIP programs in a way that pro- Virginia for yielding. Basin of northern California and south- motes farming on a majority of the Mr. Chairman, I rise today to offer a ern Oregon under a Federal regulatory 200,000 acres in that region that are few remarks about the situation along decision is being discussed across the

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.086 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4151 country. It is being written about na- stroke of a biologist’s pen, to say the of the court, services as authorized by 5 tionally in publications such as The least, is a much more tragic precedent U.S.C. 3109, and necessary expenses of the New York Times, The Washington Post for the rural communities of this Na- court, as authorized by law, $13,073,000. and The Washington Times. It has been tion. COURTS OF APPEALS, DISTRICT COURTS, AND covered on the national Fox News Net- I urge that the Chair rule that this OTHER JUDICIAL SERVICES work. That is because it sets a tragic amendment is in order and allow for its SALARIES AND EXPENSES precedent which must be addressed be- debate and full consideration. For the salaries of circuit and district fore more communities are lost. The CHAIRMAN. The Chair is pre- judges (including judges of the territorial Again, I appreciate the hard work pared to rule. courts of the United States), justices and judges retired from office or from regular ac- that the gentleman from Virginia and The gentleman from Virginia makes a point of order that the amendment tive service, judges of the United States the members of the committee have Court of Federal Claims, bankruptcy judges, put into this bill. This amendment is offered by the gentleman from Cali- magistrate judges, and all other officers and not in any way to take away from that fornia proposes to appropriate funds for employees of the Federal Judiciary not oth- good work. But an entire community of an expenditure not previously author- erwise specifically provided for, and nec- 70,000 people could go bankrupt. A way ized by law in violation of clause 2 of essary expenses of the courts, as authorized of life is at stake. And the Federal reg- rule XXI. by law, $3,631,940,000 (including the purchase ulatory agency, the National Marine The amendment offered by the gen- of firearms and ammunition); of which not to exceed $27,817,000 shall remain available Fisheries Service, that is in part re- tleman from California proposes to provide an appropriation for certain until expended for space alteration projects sponsible for that decision is funded in and for furniture and furnishings related to this bill to the tune of approximately water users of the Klamath Project ‘‘as new space alteration and construction $540 million. Through the issuance of required by the fifth amendment to the projects. severely flawed biological opinions, Constitution of the United States.’’ In addition, for expenses of the United NMFS, along with the U.S. Fish and The constitutional provisions cited States Court of Federal Claims associated Wildlife Service, have taken the water provides, ‘‘nor shall private property be with processing cases under the National rights of these communities for a pub- taken for public use without just com- Childhood Vaccine Injury Act of 1986, not to lic use. The fifth amendment to the pensation.’’ exceed $2,692,000, to be appropriated from the U.S. Constitution not just authorizes The Chair finds that this provision Vaccine Injury Compensation Trust Fund. but requires just compensation. And does not support the specific appropria- DEFENDER SERVICES the Justice Department, as the final tion for fiscal year 2002 proposed in the For the operation of Federal Public De- arbiter of such claims against the Fed- gentleman’s amendment. fender and Community Defender organiza- eral Government, would be amply suit- The point of order is sustained. The tions; the compensation and reimbursement of expenses of attorneys appointed to rep- ed, I believe, to determine and make amendment is not in order. The Clerk will read. resent persons under the Criminal Justice payment on the underlying takings Act of 1964, as amended; the compensation that have occurred. Mr. WOLF. Mr. Chairman, I ask unanimous consent that the remainder and reimbursement of expenses of persons Mr. THOMPSON of California. Mr. furnishing investigative, expert and other Chairman, I rise on a point of order. of the bill through page 70, line 7, be services under the Criminal Justice Act of The CHAIRMAN. The gentleman will considered as read, printed in the 1964 (18 U.S.C. 3006A(e)); the compensation state his point of order. RECORD and open to amendment at any (in accordance with Criminal Justice Act Mr. THOMPSON of California. Mr. point. maximums) and reimbursement of expenses of attorneys appointed to assist the court in Chairman, I believe that my colleague The CHAIRMAN. Is there objection to the request of the gentleman from criminal cases where the defendant has was recognized to speak on the point of waived representation by counsel; the com- order, not the merits of the amend- Virginia? There was no objection. pensation and reimbursement of travel ex- ment. The text of the bill from page 63, line penses of guardians ad litem acting on behalf b 1515 of financially eligible minor or incompetent 10, through page 70, line 7, is as follows: offenders in connection with transfers from The CHAIRMAN. The gentleman is TITLE III—THE JUDICIARY the United States to foreign countries with correct. The Chair has given a bit of SUPREME COURT OF THE UNITED STATES which the United States has a treaty for the leeway, but the gentleman from Cali- SALARIES AND EXPENSES execution of penal sentences; the compensa- fornia needs to speak on the point of For expenses necessary for the operation of tion of attorneys appointed to represent ju- order, and not on the underlying issue. the Supreme Court, as required by law, ex- rors in civil actions for the protection of cluding care of the building and grounds, in- their employment, as authorized by 28 U.S.C. Mr. BLUMENAUER. Mr. Chairman, I 1875(d); and for necessary training and gen- ask unanimous consent that the gen- cluding purchase or hire, driving, mainte- nance, and operation of an automobile for eral administrative expenses, $500,671,000, to tleman from California (Mr. HERGER) the Chief Justice, not to exceed $10,000 for remain available until expended as author- have 2 additional minutes to finish his the purpose of transporting Associate Jus- ized by 18 U.S.C. 3006A(i). thoughts, even if he is not speaking on tices, and hire of passenger motor vehicles as FEES OF JURORS AND COMMISSIONERS the point of order. authorized by 31 U.S.C. 1343 and 1344; not to For fees and expenses of jurors as author- The CHAIRMAN. The Chair would exceed $10,000 for official reception and rep- ized by 28 U.S.C. 1871 and 1876; compensation advise the gentleman from Oregon that resentation expenses; and for miscellaneous of jury commissioners as authorized by 28 that request cannot be entertained expenses, to be expended as the Chief Justice U.S.C. 1863; and compensation of commis- while a point of order is pending. may approve; $42,066,000. sioners appointed in condemnation cases The Chair would ask the gentleman CARE OF THE BUILDING AND GROUNDS pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule from California (Mr. HERGER) to con- For such expenditures as may be necessary to enable the Architect of the Capitol to 71A(h)), $48,131,000, to remain available until fine his remarks to the point of order. expended: Provided, That the compensation Otherwise, the Chair is prepared to carry out the duties imposed upon the Archi- tect by the Act approved May 7, 1934 (40 of land commissioners shall not exceed the rule. U.S.C. 13a–13b), $70,000,000, which shall re- daily equivalent of the highest rate payable Mr. HERGER. Mr. Chairman, again, I main available until expended. under section 5332 of title 5, United States Code. understand that the gentleman has UNITED STATES COURT OF APPEALS FOR THE concerns that this bill is not a perfect FEDERAL CIRCUIT COURT SECURITY fit, but I wish to underscore that this SALARIES AND EXPENSES For necessary expenses, not otherwise pro- was caused at least in part by the Na- For salaries of the chief judge, judges, and vided for, incident to providing protective tional Marine Fisheries Service. It is a other officers and employees, and for nec- guard services for United States courthouses government-caused disaster. essary expenses of the court, as authorized and the procurement, installation, and main- Mr. Chairman, fairness and justice by law, $19,287,000. tenance of security equipment for United demand that the Federal Government States courthouses and other facilities hous- UNITED STATES COURT OF INTERNATIONAL ing federal court operations, including build- be accountable for the harm that it has TRADE ing ingress-egress control, inspection of mail caused. Perhaps this amendment is SALARIES AND EXPENSES and packages, directed security patrols, and precedent-setting, but the bankrupting For salaries of the chief judge and eight other similar activities as authorized by sec- of entire farming communities at the judges, salaries of the officers and employees tion 1010 of the Judicial Improvement and

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.088 pfrm01 PsN: H18PT1 H4152 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Access to Justice Act (Public Law 100–702), Courts in the capacity as Secretary of the In fact, what he is saying is that we $224,433,000, of which not to exceed $10,000,000 Judicial Conference. can work, and we have an obligation to shall remain available until expended for se- SEC. 304. Of the unexpended balances trans- work, especially for the most vulner- ferred to the Commission on Structural Al- curity systems or contract costs for court se- able people in society, our children, to curity officers, to be expended directly or ternatives in Federal Appellate Courts, up to transferred to the United States Marshals $400,000 may be expended on court operations in noble and civil ways have govern- Service, which shall be responsible for ad- under the ‘‘Courts of Appeals, District ment effectively help them. And, as At- ministering the Judicial Facility Security Courts, and other Judicial Services, Salaries torney General, he worked in a pleth- Program consistent with standards or guide- and Expenses’’. ora of ways to achieve these noble and lines agreed to by the Director of the Admin- AMENDMENT NO. 8 OFFERED BY MR. ROEMER virtuous objectives. istrative Office of the United States Courts Mr. ROEMER. Mr. Chairman, I offer Convictions against organized crime and the Attorney General. an amendment. figures rose 800 percent while he was ADMINISTRATIVE OFFICE OF THE UNITED The CHAIRMAN. The Clerk will des- Attorney General. He enforced Federal STATES COURTS ignate the amendment. Court orders to integrate schools and SALARIES AND EXPENSES The text of the amendment is as fol- universities across our country, par- For necessary expenses of the Administra- lows: ticularly in 1962, when he fought and tive Office of the United States Courts as au- Amendment No. 8 offered by Mr. ROEMER: sent troops down to the University of thorized by law, including travel as author- Page 70, after line 7, insert the following: Mississippi to help James Meredith SEC. 305. (a) The Federal building located ized by 31 U.S.C. 1345, hire of a passenger enter that school. motor vehicle as authorized by 31 U.S.C. at 10th Street and Constitution Avenue, NW, 1343(b), advertising and rent in the District in Washington, DC, and known as the De- He and Lyndon Johnson, the Presi- of Columbia and elsewhere, $60,029,000, of partment of Justice Building, shall be des- dent at that time, fought for the 1964 which not to exceed $8,500 is authorized for ignated and known as the ‘‘Robert F. Ken- Civil Rights Act, and there are some official reception and representation ex- nedy Department of Justice Building’’. scholars that say that that Civil Rights penses. (b) Any reference in a law, map, regula- Act, that is one of the glories of this tion, document, paper, or other record of the FEDERAL JUDICIAL CENTER country, may not have come along for United States to the Federal building re- SALARIES AND EXPENSES ferred to in subsection (a) shall be deemed to another 10 years without those two in- For necessary expenses of the Federal Ju- be a reference to the ‘‘Robert F. Kennedy De- dividuals working hard to pass it. dicial Center, as authorized by Public Law partment of Justice Building’’. He was particularly helpful and in- 90–219, $20,235,000; of which $1,800,000 shall re- Mr. WOLF. Mr. Chairman, I reserve a formative and insightful on the foreign main available through September 30, 2003, point of order against the amendment policy realm for President Kennedy, to provide education and training to Federal helping negotiate the strategy on the court personnel; and of which not to exceed and claim the time in opposition. The CHAIRMAN. Pursuant to the Cuban missile crisis. He also traveled $1,000 is authorized for official reception and the world on human rights. representation expenses. order of the House today, the gen- OEMER So here we have an Attorney General JUDICIAL RETIREMENT FUNDS tleman from Indiana (Mr. R ) and the gentleman from Virginia (Mr. on fighting organized crime, on fight- PAYMENT TO JUDICIARY TRUST FUNDS WOLF) each will control 5 minutes. ing for civil rights, on promoting For payment to the Judicial Officers’ Re- The Chair recognizes the gentleman human rights across the world, on tirement Fund, as authorized by 28 U.S.C. from Indiana (Mr. ROEMER). fighting to make sure that racket- 377(o), $26,700,000; to the Judicial Survivors’ Mr. ROEMER. Mr. Chairman, I yield eering and RICO charges were brought Annuities Fund, as authorized by 28 U.S.C. forward, enforcing the laws of this 376(c), $8,400,000; and to the United States myself such time as I may consume. Court of Federal Claims Judges’ Retirement Mr. Chairman, first of all, I am going country. We have a very talented and Fund, as authorized by 28 U.S.C. 178(l), to concede the point of order. I realize skillful and honorable Attorney Gen- $1,900,000. and recognize that this would be au- eral. It is time, it is time, Mr. Chair- UNITED STATES SENTENCING COMMISSION thorizing on an appropriations bill. man, that we name this building after SALARIES AND EXPENSES While I concede the point of order, I am Robert F. Kennedy. Now, yesterday in this House of Rep- For the salaries and expenses necessary to even more determined on the merits of carry out the provisions of chapter 58 of title the amendment to continue to pursue resentatives we passed legislation to 28, United States Code, $11,575,000, of which the naming of the Justice Department name the Peace Corps building after not to exceed $1,000 is authorized for official building after Robert F. Kennedy. Paul Coverdell, and this body author- reception and representation expenses. Mr. Chairman, we have 100 cospon- ized $10 million to pursue some objec- GENERAL PROVISIONS—THE JUDICIARY sors of this legislation, Democrats and tives along those lines. We have named SEC. 301. Appropriations and authoriza- Republicans. We have very, very help- trade buildings, airports, CIA centers tions made in this title which are available ful and influential Members on the and aircraft carriers. It is time in fair- for salaries and expenses shall be available other side of the aisle, including the ness, it is time in justice, it is time in for services as authorized by 5 U.S.C. 3109. gentleman from Virginia (Mr. WOLF); a bipartisan way, to name this building SEC. 302. Not to exceed 5 percent of any ap- and I thank the gentleman for his co- after Robert F. Kennedy. propriation made available for the current sponsorship of this bill. We have the I would hope that we could do this fiscal year for the Judiciary in this Act may soon, although maybe not on this piece be transferred between such appropriations, gentleman from New York (Mr. QUINN) but no such appropriation, except ‘‘Courts of and the gentleman from Florida (Mr. of legislation today, but soon. So let us Appeals, District Courts, and Other Judicial SCARBOROUGH). We have the gentleman do justice and reward nobility and hard Services, Defender Services’’ and ‘‘Courts of from Virginia (Mr. TOM DAVIS) and work, and let us name this Justice De- Appeals, District Courts, and Other Judicial many other Republicans. partment building downtown after Mr. Services, Fees of Jurors and Commis- I also have engaged in conversation Kennedy. sioners’’, shall be increased by more than 10 and negotiation with the administra- Mr. WOLF. Mr. Chairman, I yield percent by any such transfers: Provided, That tion and the White House, and we are myself such time as I may consume. any transfer pursuant to this section shall be hopeful that the White House will also Mr. Chairman, I continue to reserve treated as a reprogramming of funds under the point of order; but let me just say section 605 of this Act and shall not be avail- be supportive and enthusiastic of this able for obligation or expenditure except in effort to get this Justice Department that I am a cosponsor of the gentle- compliance with the procedures set forth in building named after an Attorney Gen- man’s amendment, and I think it that section. eral who served with honor and integ- makes a lot of sense. I am reminded of SEC. 303. Notwithstanding any other provi- rity and dignity in that office from 1961 the quote by Bobby Kennedy that says: sion of law, the salaries and expenses appro- to 1964. ‘‘Some men see things as they are and priation for district courts, courts of ap- Mr. Chairman, one of my favorite ask why; I dream things that never peals, and other judicial services shall be quotes of Robert Kennedy was as fol- were and ask why not.’’ available for official reception and represen- lows: ‘‘We will never be able to com- I am also reminded one of the famous tation expenses of the Judicial Conference of the United States: Provided, That such avail- pletely eliminate children being tor- quotes that he gave to a group of stu- able funds shall not exceed $11,000 and shall tured in the world, but we can reduce dents in South Africa in 1966, which I be administered by the Director of the Ad- the number of those children being tor- use many times when I speak to high ministrative Office of the United States tured.’’ school kids. He said: ‘‘A third danger,’’

VerDate 19-JUL-2001 05:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.021 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4153 and this is a great recommendation to Mr. Chairman, with that, I insist on tion laws, of persons on a temporary basis this body and to anyone, ‘‘a third dan- my point of order. (not to exceed $700,000 of this appropriation), ger is timidity. Few men or women are Mr. SERRANO. Mr. Chairman, I as authorized by section 801 of the United willing to brave the disapproval of move to strike the last word. States Information and Educational Ex- their fellows, the censure of their col- change Act of 1948, as amended; representa- Mr. Chairman, I will be very brief. I tion to certain international organizations leagues, the wrath of their society. just wanted to rise in support of the in which the United States participates pur- Moral courage is a rarer commodity gentleman’s idea. On my wall here in suant to treaties ratified pursuant to the ad- than bravery in battle or great intel- my Washington office I have two pic- vice and consent of the Senate or specific ligence. Yet it is the one essential, tures in one special section. There is a Acts of Congress; arms control, nonprolifera- vital quality of those who seek to picture of Dr. Martin Luther King and tion and disarmament activities as author- change a world which yields most pain- another one, a photograph of Bobby ized; acquisition by exchange or purchase of fully to change. Aristotle tells us that Kennedy. passenger motor vehicles as authorized by ‘at the Olympic games it is not the fin- law; and for expenses of general administra- It was those two individuals that in- tion, $3,166,000,000: Provided, That, of the est and the strongest men who are vited my generation into public service amount made available under this heading, crowned, but they who enter the lists.’ and into activism at the community not to exceed $4,000,000 may be transferred So too in the life of the honorable and level; Dr. King obviously through his to, and merged with, funds in the ‘‘Emer- the good it is they who act rightly who work on the civil rights movement and gencies in the Diplomatic and Consular Serv- win the prize.’’ bringing us all together, and it was ice’’ appropriations account, to be available He goes on to say, ‘‘I believe that in Bobby Kennedy who taught my genera- only for emergency evacuations and ter- this generation,’’ and hopeful in the tion that politics and government serv- rorism rewards: Provided further, That, of the generation that we are in, particularly amount made available under this heading, ice were in fact an honorable profes- $270,259,000 shall be available only for public when we think of China and Sudan and sion. the persecution of believers around the diplomacy international information pro- I remember the time he came to the grams: Provided further, That, notwith- world, ‘‘that in this generation those South Bronx and campaigned there standing any other provision of law, not to with the courage to enter the moral when he was running for Senator of exceed $323,000,000 of offsetting collections conflict will find themselves with com- New York, how excited everybody was derived from fees collected under the author- panions in every corner of the world.’’ at his excitement about public service, ity of section 140(a)(1) of the Foreign Rela- So I think the gentleman’s amend- to a generation of Americans, many tions Authorization Act, Fiscal Years 1994 ment is a great idea. The gentleman from the minority community, who and 1995 (Public Law 103–236) during fiscal year 2002 shall be retained and used for au- understands why we are objecting. But were turned off to the system and as he knows, I am a cosponsor and have thorized expenses in this appropriation and turned off to politics. shall remain available until expended: Pro- been very appreciative of the work the Bobby Kennedy continues to be that gentleman has done, and that also his vided further, That any fees received in ex- figure in my life that I look to as one cess of $323,000,000 in fiscal year 2002 shall re- family has done in the area of human who paid the ultimate price for asking main available until expended, but shall not rights in China and around the world. all of us to come together to stand up be available for obligation until October 1, Mr. ROEMER. Mr. Chairman, will the for what we believed in. So I think at 2002: Provided further, That no funds may be gentleman yield? a minimum the gentleman’s idea is one obligated or expended for processing licenses Mr. WOLF. I yield to the gentleman for the export of satellites of United States from Indiana. that we should fulfill. origin (including commercial satellites and Mr. ROEMER. Mr. Chairman, I thank I would hope as we move along we satellite components) to the People’s Repub- the gentleman for his support of the pay attention to this idea and that we lic of China unless, at least 15 days in ad- amendment. I look forward to working do rename the Justice Department vance, the Committees on Appropriations of with the distinguished gentleman, who building in honor of Bobby Kennedy. the House of Representatives and the Senate has also worked so hard around the So I support the gentleman, and I com- are notified of such proposed action. world for human rights, for justice, for mend the gentleman for the work he AMENDMENT NO. 19 OFFERED BY MS. JACKSON- honorable public service. I would hope does on this. LEE OF TEXAS that the gentleman from Virginia (Mr. Mr. ROEMER. Mr. Chairman, I yield Ms. JACKSON-LEE of Texas. Mr. WOLF) would continue to work, as he myself the balance of my time. Chairman, I offer an amendment. already has, with me and with others. The CHAIRMAN. The gentleman is The CHAIRMAN. The Clerk will des- As I mentioned, we have 100 cosponsors recognized for 30 seconds. ignate the amendment. on this legislation to send forth, as the Mr. ROEMER. Mr. Chairman, let me The text of the amendment is as fol- gentleman mentioned Bobby Kennedy’s say there are scores of pictures lows: quote from South Africa, this type of throughout Capitol Hill of Bobby Ken- Amendment No. 19 offered by Ms. JACKSON- ripple of hope that helps sweep down nedy and in homes everywhere in LEE of Texas: the mightiest walls of oppression and America about Bobby Kennedy, his Page 72, line 5, immediately before the pe- resistance. quotes, his dedication to public service, riod insert the following: There should be no resistance to this and with these two statements from : Provided further, That, notwithstanding any these two distinguished Members, I other provision of law, of the amount made idea, and I do not think there is much; available under this heading, $7,800,000 shall and I would hope, working with the ad- will continue to pursue this. I am hope- be available to provide funds for legal rep- ministration and the White House and ful and optimistic that we will do the resentation for parents who are seeking the the gentleman from Virginia and the same. return of children abducted to or from the 100 cosponsors of this bill, that we can Mr. Chairman, I ask unanimous con- United States under the Hague Convention soon see this happen. I look forward to sent to withdraw the amendment. on the Civil Aspects of International Child working with the gentleman, and I ap- The CHAIRMAN. Without objection, Abduction preciate his strong support for this leg- the amendment is withdrawn. Mr. WOLF. Mr. Chairman, I reserve a islation. There was no objection. point of order against the amendment Mr. WOLF. Mr. Chairman, reclaiming The CHAIRMAN. The Clerk will read. and claim the time in opposition. my time, I want to thank the gen- The Clerk read as follows: The CHAIRMAN. Pursuant to the tleman for his sponsorship and efforts This title may be cited as the ‘‘Judiciary order of the House of today, the gentle- with regard to a memorial here in this Appropriations Act, 2002’’. woman from Texas (Ms. JACKSON-LEE) city for the Adams family; not only TITLE IV—DEPARTMENT OF STATE AND and the gentleman from Virginia (Mr. John Adams, but John Quincy Adams, RELATED AGENCY WOLF) each will control 5 minutes. who, when he left the Presidency, DEPARTMENT OF STATE The Chair recognizes the gentle- served in this body, in the House of ADMINISTRATION OF FOREIGN AFFAIRS woman from Texas (Ms. JACKSON-LEE). Representatives, for 17 years, and died DIPLOMATIC AND CONSULAR PROGRAMS b 1530 just 50 or 60 yards down the hallway. For necessary expenses of the Department So I appreciate his efforts, and hope- of State and the Foreign Service not other- Ms. JACKSON-LEE of Texas. Mr. fully we can be part of doing both of wise provided for, including employment, Chairman, I yield myself such time as them. without regard to civil service and classifica- I may consume.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.097 pfrm01 PsN: H18PT1 H4154 CONGRESSIONAL RECORD — HOUSE July 18, 2001 I thank the gentleman from Virginia tries who are signatories to the Hague Con- will not fully fund all legal fees for those who (Mr. WOLF) very much for his kindness, vention. At any given time, an estimated three seek, it will help those who have the most and I appreciate the fact that this is a hundred families are searching for their chil- need. very difficult issue. dren abducted to the United States. Please join me and Congressman LAMPSON I rise today to address how we in Often these families must incur thousands in supporting this budget neutral amendment Congress can help in a small way to of dollars in legal fees to try to obtain the re- to the Commerce, Justice, State Appropria- ease the suffering of families whose turn of their children. Legal representation is tions bill to assist these families as they children have been abducted to other frequently beyond the financial reach of most search for their children—and help them to re- countries, usually by a parent of the families seeking their return of their children, solve their cases more quickly with the best very child taken. That creates a very sometimes costing between $20,000 and legal representation they require and deserve. large wall that would keep these par- $40,000 per case in this country. Seventy-five This bill earmarks the money from the State ents, American citizens on American percent of families who seek return of their Department’s funds for Administration of For- soil, from helping their children. children from the United States qualify for pro eign Affairs, Diplomatic and Consular pro- International parental kidnapping is bono or reduced fee legal assistance. grams and would be funds well spent. a complex crime and takes an enor- Because the United States, through the con- Mr. Chairman, I yield such time as he mous toll, both emotionally and finan- current jurisdiction of federal district courts and may consume to the gentleman from cially, on the searching parents left be- state courts provided for in our implementing Texas (Mr. LAMPSON), who chairs the hind. The Hague Convention on the legislation, has thousands of judges who may Missing and Exploited Children’s Cau- civil aspects of international child ab- hear a given case, our system is even more cus. We both serve in each other’s cau- duction is the primary legal tool to dependent than others on the knowledge of cus. The gentleman from Texas (Mr. remedy international child abductions. the attorneys and their ability to educate the LAMPSON) has been to The Hague on Currently, at least 480 Americans are court on the issues involved. this very important issue. seeking access to a return of their chil- The cost of bringing a Hague Convention Mr. LAMPSON. Mr. Chairman, I dren abducted in foreign countries who case in court varies from state to state, but we thank the gentlewoman for yielding me are signatories to The Hague Conven- typically private attorneys charge a retainer this time. tion. At any given time, an estimated between $5,000 and $10,000. The hourly rate, I strongly urge my colleagues to sup- 300 families are searching for their of course, depends upon the attorney in- port the Jackson-Lee-Lampson amend- children abducted from the United volved, but $150 or $200/hour is typical. Appli- ment that would appropriate $7.8 mil- States. Often, these families must cant parents also pay court filing fees and lion to the Department of State to pro- incur thousands of dollars in legal fees other expenses associated with the case. vide funds for legal representation for to try to obtain the return of their Nearly every country signatory to the Hague parents who are seeking the return of children. Convention provides free legal assistance to children abducted to or from the Legal representation is frequently parents seeking the return of internationally United States under The Hague Con- beyond the financial reach of most abducted children. The Convention requires vention on the Civil Aspects of Inter- families seeking the return of their that if a country takes an exception to the spe- national Child Abduction. I am chair- children, sometimes costing between cific provision of legal aid in these cases, as man and founder of the Congressional $20,000 and $40,000 per case in this coun- does the United States, then they must pro- Caucus on Missing and Exploited Chil- try. Mr. Chairman, 75 percent of the vide the same legal aid services to the foreign dren, and I have been active on this families who seek return of their chil- applicant parents that are available to citizen issue for over 3 years. dren from the United States qualify for parents. The U.S. is not currently meeting Last year, this body passed H. Con. pro bono or reduced legal assistance. even this obligation to parents who seek legal Res. 293, a resolution that called on Mr. Chairman, this is an important aid for children abducted to this country and, signatories to The Hague Convention legislative initiative because of the coupled with residency requirements and other on Civil Aspects of International Child reason of being a parent, loving one’s restrictions, the existing options for legal aid in Abduction to abide by the provisions of child, being able to see one’s child and, this country are unreachable even for those The Hague and also recognized some many times, these children are ab- foreign citizens who might qualify financially. weaknesses in certain provisions. ducted to lifestyles and conditions that The U.S. Department of Justice has a list of What I hear over and over again from do damage to them and prevent them attorneys willing to handle cases on a pro both American parents and non-Amer- from seeing another loving parent. bono basis, often as a learning experience. ican parents is that the financial bur- Mr. Chairman, let me, first of all, And while some do very well, it can be difficult den of legal expenses is overwhelming. thank the gentleman from New York to find experienced help in every case. We One father with whom I have spoken (Mr. SERRANO) for his kindness on this must do more for these searching parents, has spent over several million dollars amendment and also the gentleman and aid them in obtaining the proper legal rep- in travel expenses, attorneys’ fees and from Virginia (Mr. WOLF), the chair- resentation to facilitate the return of their chil- court fees in Italy, and I have heard man of the subcommittee. The chair- dren. from numerous parents who have spent man’s history in fighting human rights In countries where legal aid is unavailable, over $200,000 in their fights for the re- abuses is world renowned. a resource bank of low-fee or pro bono attor- turn of their children or just the oppor- I come to this floor not wanting to neys should be developed. Furthermore, all tunity to see their children. Nearly concede the point of order, but asking countries should take steps to establish a trav- every country signatory to The Hague for the point of order to be waived, be- el fund and a counseling and psychological Convention provides free legal assist- cause I have seen in my office the pain treatment center for victim families. The work ance to parents seeking the return of of parents who cannot find their chil- of Central Authorities and non-governmental internationally abducted children. The dren, as I chair the Congressional Chil- organizations with regard to helping and sup- United States does not. dren’s Caucus. porting victim families needs to be recognized Mr. Chairman, we must do more for Mr. Chairman, I rise today to address how and funded. these searching parents and aid them we in Congress can help in a small way to We in Congress have expressed a keen in- in obtaining the proper legal represen- help ease the suffering of families whose chil- terest in requiring the Department of State to tation to facilitate the return of their dren have been abducted to other countries, report on the shortcomings of treaty-partner children. In countries where legal aid is usually by a parent of the very child taken. countries. Although the United States’ leader- unavailable, a resource bank of low-fee, International parental kidnapping is a com- ship in this field is appropriate, we must make pro bono attorney’s fees should be de- plex crime, and takes an enormous toll, both sure that we address our own shortcomings veloped, and that is what this amend- emotionally and financially, on the searching as we point out those of others. ment does. parents left behind. The Hague Convention on This amendment will provide a source of Again, I urge my colleagues to sup- the Civil Aspects of International Child Abduc- funds to help pay for the legal representation port the Jackson-Lee-Lampson amend- tion is the primary legal tool to remedy inter- that parents of abducted children desperately ment to appropriate $7.8 million for our national child abductions. Currently, at least need when seeking the return of their children Nation’s searching parents. 480 Americans are seeking access to or re- from countries who are signatories to the Ms. JACKSON-LEE of Texas. Mr. turn of their children abducted to foreign coun- Hague Convention. Although the $7.8 million Chairman, reclaiming my time, a list

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.127 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4155 of pro bono attorneys at the Depart- Mr. LAMPSON. Mr. Chairman, I con- amendment. I have advised both the ment of Justice is a nice idea, but cur; and I look forward to working chairman and ranking member to look those attorneys are just learning; and with both of my colleagues on this. seriously at overcrowding and rape and they cannot provide the legal expertise The CHAIRMAN. The Chair is pre- serious problems in the Federal Bureau for these terrible fights that these par- pared to rule. of Prisons. ents have, $20,000, $40,000, $60,000 to psy- The Chair finds that this amendment Mr. WOLF. Mr. Chairman, will the chologically break the bond between explicitly supersedes existing law. The gentleman yield? parent and child. I would hope that we amendment, therefore, constitutes leg- Mr. TRAFICANT. I yield to the gen- would have the opportunity to pursue islation in violation of clause 2 of rule tleman from Virginia. this amendment and work with the XXI. Mr. WOLF. Mr. Chairman, that is very distinguished chairman and rank- The point of order is sustained, and why we opposed the Hinchey amend- ing member. the amendment is not in order. ment last night that proposed to take Mr. WOLF. Mr. Chairman, I reluc- Mr. TRAFICANT. Mr. Chairman, I $73 million out of the Bureau of Prisons tantly rise in opposition, and I reserve ask unanimous consent to at this time for that very reason. I think the gen- a point of order on the amendment. I offer out of order my ‘‘Buy American’’ tleman is right. yield myself such time as I may con- amendment. Mr. TRAFICANT. Mr. Chairman, re- sume. The CHAIRMAN. Is there objection claiming my time, I want to reflect Let me say I do think the gentle- to the request of the gentleman from briefly on my amendment on the floor. woman is onto something that is very Ohio? Over the July 4 holiday when Ameri- important. I have worked on a couple There was no objection. cans celebrate Independence Day, the of these cases, one dealing with two AMENDMENT NO. 38 OFFERED BY MR. TRAFICANT National Symphony Orchestra on the young children in Serbia. My adminis- Mr. TRAFICANT. Mr. Chairman, I mall was performing, Mr. Chairman, trative assistance, Charlie White, who offer an amendment. and vendors were passing out on the has since died, and myself met with The CHAIRMAN. The Clerk will des- mall to all those who came from Milosevic on this issue. The mother ignate the amendment. throughout the United States to be a was from California, was very articu- The text of the amendment is as fol- part of the Washington celebration of late and was very able to get CBS and lows: our freedom, they were passing out small plastic flags that were made in ABC to do news stories, but what about Amendment No. 38 offered by Mr. TRAFI- someone who really cannot? CANT: China. It may not seem like much, but Perhaps we could put some report Page 108, after line 7, insert the following I think we are giving away the farm. I language in also asking Legal Services new section: think our trade policy sucks more than to also look at something like this. SEC. ll. No funds appropriated or other- the suckerfish, and I think it is time There may be somewhere in Legal wise made available under this Act shall be we get a grip on this. made available to any person or entity that Services that someone could become an The amendment simply says, any- has been convicted of violating the Buy body who has a prior conviction of hav- expert, could give some guidance to a American Act (41 U.S.C. 10a–10c). mom or dad that is faced with this. ing violated the Buy American law in The CHAIRMAN. Pursuant to the this country is not eligible for any I also did not see the story, but my order of the House of today, the gen- kids did, of the Sally Fields movie, monies in this bill. It has been at- tleman from Ohio (Mr. TRAFICANT) and tached to every other bill, and it ‘‘Not Without My Daughter.’’ I think is a Member opposed each will control 5 the name of that movie. should be approved without great de- minutes. bate. So I think the gentlewoman is onto The Chair recognizes the gentleman something very important. We will But I am saying to Congress, we have from Ohio (Mr. TRAFICANT). work with the gentlewoman to do some a massive $300 billion-plus trade deficit Mr. TRAFICANT. Mr. Chairman, I in America; 20,000 American jobs lost language or do something to see if we yield myself such time as I may con- can push the ball a little farther for- per billion of trade deficit. Now, one sume. does not have to be a rocket scientist ward so that if a mom or a dad is in As my colleagues know, I had two some situation that there is some place to figure out what is happening in this amendments at the desk. At the re- country. to go or some help or some guidance. quest of both the gentleman from Vir- So we will be glad to work with the So, with that, I would hope for his ginia (Mr. WOLF), the fine chairman in gentlewoman. approval of this amendment; and I his first term of this subcommittee, yield to the gentleman from Virginia POINT OF ORDER and the gentleman from New York (Mr. (Mr. WOLF), the chairman of the sub- The CHAIRMAN. Does the gentleman SERRANO), our outstanding ranking committee. from Virginia (Mr. WOLF) insist on his member, I will not offer the second Mr. WOLF. Mr. Chairman, we accept point of order? amendment that deals with over- the amendment. Mr. WOLF. Mr. Chairman, I insist on crowding of Federal prisons, except to Mr. TRAFICANT. Mr. Chairman, I a point of order and make a point of say when there were great headlines of yield to the distinguished ranking order against the amendment because one murder and killing in a private member, the gentleman from New York it proposes to change existing law and prison, that same year there were nine (Mr. SERRANO). constitutes legislation in the appro- murders, killings in Federal prisons. I Mr. SERRANO. Mr. Chairman, we are priations bill and, therefore, violates am advising both of these Members to in support of the gentleman’s amend- clause 2 of rule XXI. take a look at the conditions of over- ment; and we congratulate him on his The CHAIRMAN. Would the gentle- crowding, rape and serious problems in work. woman from Texas (Ms. JACKSON-LEE) the Federal Prison System that have Mr. TRAFICANT. Mr. Chairman, I like to be heard on the point of order? been swept under the rug. ask for an ‘‘aye’’ vote. I thank both the Ms. JACKSON-LEE of Texas. Yes, Mr. Chairman, back to my specific chairman and ranking member for al- Mr. Chairman. amendment here that is being offered, lowing me to go out of order under the First of all, let me say that, because and I would like the chairman’s atten- circumstances. of the nature of this issue, I had hoped tion. The CHAIRMAN. The question is on that we could waive the point of order Mr. WOLF. Mr. Chairman, will the the amendment offered by the gen- and allow some help for these desperate gentleman yield? tleman from Ohio (Mr. TRAFICANT). families. But I must say to the gen- Mr. TRAFICANT. I yield to the gen- The amendment was agreed to. tleman from Virginia, I want to thank tleman from Virginia. Mr. WOLF. Mr. Chairman, I ask him, and I think the ultimate goal is to Mr. WOLF. Mr. Chairman, I am con- unanimous consent that the remainder work this through. Let me thank the fused as to which amendment we are of the bill through page 83, line 22, be gentleman for his offer, and let me say discussing. Is this the Buy American? considered as read, printed in the that I would like to work with him on Mr. TRAFICANT. Yes, it is, Mr. RECORD and open for amendment at this matter. Chairman. I will not offer the other any point.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.129 pfrm01 PsN: H18PT1 H4156 CONGRESSIONAL RECORD — HOUSE July 18, 2001 The CHAIRMAN. Is there objection able for acquisition of furniture, furnishings, expended to pay the full United States as- to the request of the gentleman from or generators for other departments and sessment to the civil budget of the North At- Virginia? agencies. lantic Treaty Organization. There was no objection. In addition, for the costs of worldwide se- CONTRIBUTIONS FOR INTERNATIONAL curity upgrades, acquisition, and construc- PEACEKEEPING ACTIVITIES The text of the bill from page 72, line tion as authorized, $815,960,000, to remain For necessary expenses to pay assessed and 6, through page 83, line 22 is as follows: available until expended. In addition, not to exceed $1,343,000 shall be other expenses of international peacekeeping derived from fees collected from other execu- EMERGENCIES IN THE DIPLOMATIC AND activities directed to the maintenance or tive agencies for lease or use of facilities lo- CONSULAR SERVICE restoration of international peace and secu- cated at the International Center in accord- For expenses necessary to enable the Sec- rity, $844,139,000: Provided, That none of the ance with section 4 of the International Cen- retary of State to meet unforeseen emer- funds made available under this Act shall be ter Act, as amended; in addition, as author- gencies arising in the Diplomatic and Con- obligated or expended for any new or ex- ized by section 5 of such Act, $490,000, to be sular Service, $10,000,000, to remain available panded United Nations peacekeeping mission derived from the reserve authorized by that until expended as authorized, of which not to unless, at least 15 days in advance of voting section, to be used for the purposes set out in exceed $1,000,000 may be transferred to and for the new or expanded mission in the that section; in addition, as authorized by merged with the Repatriation Loans Pro- United Nations Security Council (or in an section 810 of the United States Information gram Account, subject to the same terms emergency as far in advance as is prac- and Educational Exchange Act, not to exceed and conditions. ticable): (1) the Committees on Appropria- $6,000,000, to remain available until ex- REPATRIATION LOANS PROGRAM ACCOUNT tions of the House of Representatives and pended, may be credited to this appropria- For the cost of direct loans, $612,000, as au- the Senate and other appropriate commit- tion from fees or other payments received thorized: Provided, That such costs, including tees of the Congress are notified of the esti- from English teaching, library, motion pic- the cost of modifying such loans, shall be as mated cost and length of the mission, the tures, and publication programs and from defined in section 502 of the Congressional vital national interest to be served, and the fees from educational advising and coun- Budget Act of 1974. In addition, for adminis- planned exit strategy; and (2) a reprogram- seling and exchange visitor programs; and, in trative expenses necessary to carry out the ming of funds pursuant to section 605 of this addition, not to exceed $15,000, which shall be direct loan program, $607,000, which may be Act is submitted, and the procedures therein derived from reimbursements, surcharges, transferred to and merged with the Diplo- followed, setting forth the source of funds and fees for use of Blair House facilities. matic and Consular Programs account under that will be used to pay for the cost of the In addition, for the costs of worldwide se- Administration of Foreign Affairs. new or expanded mission: Provided further, curity upgrades, $487,735,000, to remain avail- That funds shall be available for peace- PAYMENT TO THE AMERICAN INSTITUTE IN keeping expenses only upon a certification able until expended. TAIWAN CAPITAL INVESTMENT FUND by the Secretary of State to the appropriate For necessary expenses to carry out the committees of the Congress that American For necessary expenses of the Capital In- Taiwan Relations Act, Public Law 96–8, manufacturers and suppliers are being given vestment Fund, $210,000,000, to remain avail- $17,044,000. opportunities to provide equipment, services, able until expended, as authorized: Provided, PAYMENT TO THE FOREIGN SERVICE and material for United Nations peace- That section 135(e) of Public Law 103–236 RETIREMENT AND DISABILITY FUND keeping activities equal to those being given shall not apply to funds available under this to foreign manufacturers and suppliers: Pro- heading. For payment to the Foreign Service Re- tirement and Disability Fund, as authorized vided further, That none of the funds made OFFICE OF INSPECTOR GENERAL by law, $135,629,000. available under this heading are available to For necessary expenses of the Office of In- pay the United States share of the cost of INTERNATIONAL ORGANIZATIONS AND spector General, $29,264,000, notwithstanding court monitoring that is part of any United CONFERENCES section 209(a)(1) of the Foreign Service Act Nations peacekeeping mission. CONTRIBUTIONS TO INTERNATIONAL of 1980, as amended (Public Law 96–465), as it INTERNATIONAL COMMISSIONS relates to post inspections. ORGANIZATIONS For expenses, not otherwise provided for, For necessary expenses, not otherwise pro- EDUCATIONAL AND CULTURAL EXCHANGE necessary to meet annual obligations of vided for, to meet obligations of the United PROGRAMS membership in international multilateral or- States arising under treaties, or specific For expenses of educational and cultural ganizations, pursuant to treaties ratified Acts of Congress, as follows: exchange programs, as authorized, pursuant to the advice and consent of the INTERNATIONAL BOUNDARY AND WATER $237,000,000, to remain available until ex- Senate, conventions or specific Acts of Con- COMMISSION, UNITED STATES AND MEXICO pended: Provided, That not to exceed gress, $850,000,000: Provided, That any pay- For necessary expenses for the United $2,000,000, to remain available until ex- ment of arrearages under this title shall be States Section of the International Bound- pended, may be credited to this appropria- directed toward special activities that are ary and Water Commission, United States tion from fees or other payments received mutually agreed upon by the United States and Mexico, and to comply with laws appli- from or in connection with English teaching, and the respective international organiza- cable to the United States Section, including educational advising and counseling pro- tion: Provided further, That none of the funds not to exceed $6,000 for representation; as grams, and exchange visitor programs as au- appropriated in this paragraph shall be avail- follows: thorized. able for a United States contribution to an SALARIES AND EXPENSES REPRESENTATION ALLOWANCES international organization for the United For salaries and expenses, not otherwise For representation allowances as author- States share of interest costs made known to provided for, $24,705,000. ized, $6,485,000. the United States Government by such orga- CONSTRUCTION PROTECTION OF FOREIGN MISSIONS AND nization for loans incurred on or after Octo- OFFICIALS ber 1, 1984, through external borrowings: Pro- For detailed plan preparation and con- vided further, That, of the funds appropriated struction of authorized projects, $5,520,000, to For expenses, not otherwise provided, to in this paragraph, $100,000,000 may be made remain available until expended, as author- enable the Secretary of State to provide for available only pursuant to a certification by ized. extraordinary protective services, as author- the Secretary of State that the United Na- ized, $9,400,000, to remain available until Sep- AMERICAN SECTIONS, INTERNATIONAL tions has taken no action in calendar year tember 30, 2003. COMMISSIONS 2001 prior to the date of enactment of this For necessary expenses, not otherwise pro- EMBASSY SECURITY, CONSTRUCTION, AND Act to increase funding for any United Na- vided, for the International Joint Commis- MAINTENANCE tions program without identifying an offset- sion and the International Boundary Com- For necessary expenses for carrying out ting decrease elsewhere in the United Na- mission, United States and Canada, as au- the Foreign Service Buildings Act of 1926, as tions budget and cause the United Nations to thorized by treaties between the United amended (22 U.S.C. 292–300), preserving, exceed the budget for the biennium 2000–2001 States and Canada or Great Britain, and for maintaining, repairing, and planning for of $2,535,700,000: Provided further, That if the the Border Environment Cooperation Com- buildings that are owned or directly leased Secretary of State is unable to make the mission as authorized by Public Law 103–182, by the Department of State, renovating, in aforementioned certification, the $100,000,000 $10,311,000, of which not to exceed $9,000 shall addition to funds otherwise available, the is to be applied to paying the current year be available for representation expenses in- Harry S Truman Building, and carrying out assessment for other international organiza- curred by the International Joint Commis- the Diplomatic Security Construction Pro- tions for which the assessment has not been sion. gram as authorized, $470,000,000, to remain paid in full or to paying the assessment due available until expended as authorized, of in the next fiscal year for such organiza- INTERNATIONAL FISHERIES COMMISSIONS which not to exceed $25,000 may be used for tions, subject to the reprogramming proce- For necessary expenses for international domestic and overseas representation as au- dures contained in Section 605 of this Act: fisheries commissions, not otherwise pro- thorized: Provided, That none of the funds ap- Provided further, That funds appropriated vided for, as authorized by law, $19,780,000: propriated in this paragraph shall be avail- under this paragraph may be obligated and Provided, That the United States’ share of

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.106 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4157

such expenses may be advanced to the re- BROADCASTING CAPITAL IMPROVEMENTS Budget Act of 1974, as amended: Provided fur- spective commissions pursuant to 31 U.S.C. For the purchase, rent, construction, and ther, That during fiscal year 2002, commit- 3324. improvement of facilities for radio trans- ments to subsidize loans authorized under OTHER mission and reception, and purchase and in- this heading shall not exceed $1,000,000,000 PAYMENT TO THE ASIA FOUNDATION stallation of necessary equipment for radio without prior notification of the Committees on Appropriations of the House of Represent- For a grant to the Asia Foundation, as au- and television transmission and reception as atives and Senate in accordance with section thorized by the Asia Foundation Act (22 authorized, $25,900,000, to remain available 605 of this Act. U.S.C. 4402), as amended, $9,250,000, to remain until expended, as authorized. In addition, for administrative expenses to available until expended, as authorized. GENERAL PROVISIONS—DEPARTMENT OF STATE carry out the guaranteed loan program, not AND RELATED AGENCY EISENHOWER EXCHANGE FELLOWSHIP PROGRAM to exceed $3,978,000, which shall be trans- TRUST FUND SEC. 401. Funds appropriated under this ferred to and merged with the appropriation For necessary expenses of Eisenhower Ex- title shall be available, except as otherwise for Operations and Training. change Fellowships, Incorporated, as author- provided, for allowances and differentials as ADMINISTRATIVE PROVISIONS—MARITIME ized by sections 4 and 5 of the Eisenhower authorized by subchapter 59 of title 5, United ADMINISTRATION Exchange Fellowship Act of 1990 (20 U.S.C. States Code; for services as authorized by 5 5204–5205), all interest and earnings accruing U.S.C. 3109; and for hire of passenger trans- Notwithstanding any other provision of to the Eisenhower Exchange Fellowship Pro- portation pursuant to 31 U.S.C. 1343(b). this Act, the Maritime Administration is au- gram Trust Fund on or before September 30, SEC. 402. Not to exceed 5 percent of any ap- thorized to furnish utilities and services and 2002, to remain available until expended: Pro- propriation made available for the current make necessary repairs in connection with vided, That none of the funds appropriated fiscal year for the Department of State in any lease, contract, or occupancy involving herein shall be used to pay any salary or this Act may be transferred between such ap- Government property under control of the other compensation, or to enter into any propriations, but no such appropriation, ex- Maritime Administration, and payments re- contract providing for the payment thereof, cept as otherwise specifically provided, shall ceived therefore shall be credited to the ap- in excess of the rate authorized by 5 U.S.C. be increased by more than 10 percent by any propriation charged with the cost thereof: 5376; or for purposes which are not in accord- such transfers: Provided, That not to exceed Provided, That rental payments under any ance with OMB Circulars A–110 (Uniform Ad- 5 percent of any appropriation made avail- such lease, contract, or occupancy for items ministrative Requirements) and A–122 (Cost able for the current fiscal year for the Broad- other than such utilities, services, or repairs Principles for Non-profit Organizations), in- casting Board of Governors in this Act may shall be covered into the Treasury as mis- cluding the restrictions on compensation for be transferred between such appropriations, cellaneous receipts. personal services. but no such appropriation, except as other- No obligations shall be incurred during the current fiscal year from the construction ISRAELI ARAB SCHOLARSHIP PROGRAM wise specifically provided, shall be increased fund established by the Merchant Marine For necessary expenses of the Israeli Arab by more than 10 percent by any such trans- Act, 1936, or otherwise, in excess of the ap- Scholarship Program as authorized by sec- fers: Provided further, That any transfer pur- propriations and limitations contained in tion 214 of the Foreign Relations Authoriza- suant to this section shall be treated as a re- this Act or in any prior Appropriations Act. tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. programming of funds under section 605 of 2452), all interest and earnings accruing to this Act and shall not be available for obliga- COMMISSION FOR THE PRESERVATION OF the Israeli Arab Scholarship Fund on or be- tion or expenditure except in compliance AMERICA’S HERITAGE ABROAD with the procedures set forth in that section. fore September 30, 2002, to remain available SALARIES AND EXPENSES until expended. SEC. 403. None of the funds made available in this Act may be used by the Department For expenses for the Commission for the EAST-WEST CENTER of State or the Broadcasting Board of Gov- Preservation of America’s Heritage Abroad, To enable the Secretary of State to provide ernors to provide equipment, technical sup- $489,000, as authorized by section 1303 of Pub- for carrying out the provisions of the Center port, consulting services, or any other form lic Law 99–83. for Cultural and Technical Interchange Be- of assistance to the Palestinian Broadcasting COMMISSION ON CIVIL RIGHTS tween East and West Act of 1960, by grant to Corporation. SALARIES AND EXPENSES the Center for Cultural and Technical Inter- change Between East and West in the State The SPEAKER pro tempore. Are For necessary expenses of the Commission of Hawaii, $9,400,000: Provided, That none of there amendments to that portion of on Civil Rights, including hire of passenger the funds appropriated herein shall be used the bill? motor vehicles, $9,096,000: Provided, That not to pay any salary, or enter into any contract If not, the Clerk will read. to exceed $50,000 may be used to employ con- providing for the payment thereof, in excess The Clerk read as follows: sultants: Provided further, That none of the of the rate authorized by 5 U.S.C. 5376. funds appropriated in this paragraph shall be This title may be cited as the ‘‘Department used to employ in excess of four full-time in- NATIONAL ENDOWMENT FOR DEMOCRACY of State and Related Agency Appropriations dividuals under Schedule C of the Excepted For grants made by the Department of Act, 2002’’. Service exclusive of one special assistant for State to the National Endowment for De- TITLE V—RELATED AGENCIES each Commissioner: Provided further, That mocracy as authorized by the National En- DEPARTMENT OF TRANSPORTATION none of the funds appropriated in this para- dowment for Democracy Act, $33,500,000, to MARITIME ADMINISTRATION graph shall be used to reimburse Commis- remain available until expended. sioners for more than 75 billable days, with RELATED AGENCY MARITIME SECURITY PROGRAM the exception of the chairperson, who is per- BROADCASTING BOARD OF GOVERNORS For necessary expenses to maintain and mitted 125 billable days. preserve a U.S.-flag merchant fleet to serve INTERNATIONAL BROADCASTING OPERATIONS COMMISSION ON INTERNATIONAL RELIGIOUS the national security needs of the United For expenses necessary to enable the FREEDOM States, $98,700,000, to remain available until Broadcasting Board of Governors, as author- SALARIES AND EXPENSES ized, to carry out international communica- expended. For necessary expenses for the United tion activities, including the purchase, in- OPERATIONS AND TRAINING States Commission on International Reli- stallation, rent, construction, and improve- For necessary expenses of operations and gious Freedom, as authorized by title II of ment of facilities for radio and television training activities authorized by law, the International Religious Freedom Act of transmission and reception to Cuba, $89,054,000, of which $13,000,000 shall remain 1998 (Public Law 105–292), $3,000,000, to re- $453,106,000, of which not to exceed $16,000 available until expended for capital improve- main available until expended. may be used for official receptions within ments at the U.S. Merchant Marine Acad- the United States as authorized, not to ex- emy. COMMISSION ON SECURITY AND COOPERATION IN EUROPE ceed $35,000 may be used for representation SHIP DISPOSAL abroad as authorized, and not to exceed SALARIES AND EXPENSES For necessary expenses related to the dis- $39,000 may be used for official reception and posal of obsolete vessels in the National De- For necessary expenses of the Commission representation expenses of Radio Free Eu- fense Reserve Fleet of the Maritime Admin- on Security and Cooperation in Europe, as rope/Radio Liberty; and in addition, notwith- istration, $10,000,000, to remain available authorized by Public Law 94–304, $1,499,000, to standing any other provision of law, not to until expended. remain available until expended as author- exceed $2,000,000 in receipts from advertising ized by section 3 of Public Law 99–7. and revenue from business ventures, not to MARITIME GUARANTEED LOAN (TITLE XI) CONGRESSIONAL-EXECUTIVE COMMISSION ON exceed $500,000 in receipts from cooperating PROGRAM ACCOUNT THE PEOPLE’S REPUBLIC OF CHINA international organizations, and not to ex- For the cost of guaranteed loans, as au- ceed $1,000,000 in receipts from privatization thorized by the Merchant Marine Act, 1936, SALARIES AND EXPENSES efforts of the Voice of America and the Inter- $30,000,000, to remain available until ex- For necessary expenses of the Congres- national Broadcasting Bureau, to remain pended: Provided, That such costs, including sional-Executive Commission on the People’s available until expended for carrying out au- the cost of modifying such loans, shall be as Republic of China, as authorized, $500,000, to thorized purposes. defined in section 502 of the Congressional remain available until expended.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.029 pfrm01 PsN: H18PT1 H4158 CONGRESSIONAL RECORD — HOUSE July 18, 2001

EQUAL EMPLOYMENT OPPORTUNITY exceed $155,982,000 of offsetting collections lected in previous fiscal years, $328,400,000, to COMMISSION derived from fees collected for premerger no- remain available until expended; of which SALARIES AND EXPENSES tification filings under the Hart-Scott-Ro- not to exceed $10,000 may be used toward For necessary expenses of the Equal Em- dino Antitrust Improvements Act of 1976 (15 funding a permanent secretariat for the ployment Opportunity Commission as au- U.S.C. 18a) shall be retained and used for International Organization of Securities thorized by title VII of the Civil Rights Act necessary expenses in this appropriation, and Commissions; and of which not to exceed of 1964, as amended (29 U.S.C. 206(d) and 621– shall remain available until expended: Pro- $100,000 shall be available for expenses for 634), the Americans with Disabilities Act of vided further, That the sum herein appro- consultations and meetings hosted by the 1990, and the Civil Rights Act of 1991, includ- priated from the general fund shall be re- Commission with foreign governmental and ing services as authorized by 5 U.S.C. 3109; duced as such offsetting collections are re- other regulatory officials, members of their hire of passenger motor vehicles as author- ceived during fiscal year 2002, so as to result delegations, appropriate representatives and ized by 31 U.S.C. 1343(b); non-monetary in a final fiscal year 2002 appropriation from staff to exchange views concerning develop- awards to private citizens; and not to exceed the general fund estimated at not more than ments relating to securities matters, devel- $30,000,000 for payments to State and local $0, to remain available until expended: Pro- opment and implementation of cooperation enforcement agencies for services to the vided further, That none of the funds made agreements concerning securities matters Commission pursuant to title VII of the Civil available to the Federal Trade Commission and provision of technical assistance for the Rights Act of 1964, as amended, sections 6 shall be available for obligation for expenses development of foreign securities markets, and 14 of the Age Discrimination in Employ- authorized by section 151 of the Federal De- such expenses to include necessary logistic ment Act, the Americans with Disabilities posit Insurance Corporation Improvement and administrative expenses and the ex- Act of 1990, and the Civil Rights Act of 1991, Act of 1991 (Public Law 102–242; 105 Stat. penses of Commission staff and foreign $310,406,000: Provided, That the Commission is 2282–2285). invitees in attendance at such consultations authorized to make available for official re- LEGAL SERVICES CORPORATION and meetings including: (1) such incidental expenses as meals taken in the course of ception and representation expenses not to PAYMENT TO THE LEGAL SERVICES such attendance; (2) any travel and transpor- exceed $2,500 from available funds. CORPORATION tation to or from such meetings; and (3) any FEDERAL COMMUNICATIONS COMMISSION For payment to the Legal Services Cor- other related lodging or subsistence: Pro- SALARIES AND EXPENSES poration to carry out the purposes of the vided, That fees and charges authorized by For necessary expenses of the Federal Legal Services Corporation Act of 1974, as sections 6(b)(4) of the Securities Act of 1933 Communications Commission, as authorized amended, $329,300,000, of which $310,000,000 is (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities by law, including uniforms and allowances for basic field programs and required inde- Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall therefor, as authorized by 5 U.S.C. 5901–5902; pendent audits; $2,500,000 is for the Office of be credited to this account as offsetting col- not to exceed $600,000 for land and structure; Inspector General, of which such amounts as lections: Provided further, That fees collected not to exceed $500,000 for improvement and may be necessary may be used to conduct ad- as authorized by section 31 of the Securities care of grounds and repair to buildings; not ditional audits of recipients; $12,400,000 is for Exchange Act of 1934 (15 U.S.C. 78ee) for sales to exceed $4,000 for official reception and rep- management and administration; and transacted on, and with respect to securities resentation expenses; purchase (not to ex- $4,400,000 is for client self-help and informa- registered solely on, an exchange that is ini- ceed 16) and hire of motor vehicles; special tion technology. tially granted registration as a national se- counsel fees; and services as authorized by 5 ADMINISTRATIVE PROVISION—LEGAL SERVICES curities exchange after February 24, 2000 U.S.C. 3109, $238,597,000, of which not to ex- CORPORATION shall be credited to this account as offsetting ceed $300,000 shall remain available until None of the funds appropriated in this Act collections: Provided further, That for pur- September 30, 2003, for research and policy to the Legal Services Corporation shall be poses of collections under section 31, a secu- studies: Provided, That $218,757,000 of offset- expended for any purpose prohibited or lim- rity shall not be deemed registered on a na- ting collections shall be assessed and col- ited by, or contrary to any of the provisions tional securities exchange solely because lected pursuant to section 9 of title I of the of, sections 501, 502, 503, 504, 505, and 506 of that national securities exchange continues Communications Act of 1934, as amended, Public Law 105–119, and all funds appro- or extends unlisted trading privileges to that and shall be retained and used for necessary priated in this Act to the Legal Services Cor- security. expenses in this appropriation, and shall re- poration shall be subject to the same terms main available until expended: Provided fur- and conditions set forth in such sections, ex- b 1545 ther, That the sum herein appropriated shall cept that all references in sections 502 and AMENDMENT NO. 34 OFFERED BY MR. OXLEY be reduced as such offsetting collections are 503 to 1997 and 1998 shall be deemed to refer Mr. OXLEY. Mr. Chairman, I offer an received during fiscal year 2002 so as to re- instead to 2001 and 2002, respectively. amendment. sult in a final fiscal year 2002 appropriation Section 504(a)(16) of Public Law 104–134 is The CHAIRMAN. The Clerk will des- estimated at $19,840,000: Provided further, hereafter amended by striking ‘‘if such relief That any offsetting collections received in does not involve’’ and all that follows ignate the amendment. excess of $218,757,000 in fiscal year 2002 shall through ‘‘representation’’. The text of the amendment is as fol- remain available until expended, but shall MARINE MAMMAL COMMISSION lows: not be available for obligation until October SALARIES AND EXPENSES Amendment No. 34 offered by Mr. OXLEY: 1, 2002. Page 94, beginning on line 9, strike ‘‘: Pro- For necessary expenses of the Marine vided further, That fees’’ and all that follows FEDERAL MARITIME COMMISSION Mammal Commission as authorized by title through line 20 and insert a period. SALARIES AND EXPENSES II of Public Law 92–522, as amended, For necessary expenses of the Federal Mar- $1,732,000. The CHAIRMAN. Pursuant to the itime Commission as authorized by section NATIONAL VETERANS BUSINESS DEVELOPMENT order of the House of today, the gen- 201(d) of the Merchant Marine Act, 1936, as CORPORATION tleman from Ohio (Mr. OXLEY) and a amended (46 U.S.C. App. 1111), including serv- For necessary expenses of the National Member opposed each will control 5 ices as authorized by 5 U.S.C. 3109; hire of Veterans Business Development Corporation minutes. passenger motor vehicles as authorized by 31 as authorized under section 33(a) of the The Chair recognizes the gentleman U.S.C. 1343(b); and uniforms or allowances Small Business Act, as amended, $4,000,000. therefor, as authorized by 5 U.S.C. 5901–5902, from Ohio (Mr. OXLEY). $15,466,000: Provided, That not to exceed $2,000 PACIFIC CHARTER COMMISSION Mr. OXLEY. Mr. Chairman, I yield shall be available for official reception and SALARIES AND EXPENSES myself such time as I may consume. representation expenses. For necessary expenses for the Pacific Mr. Chairman, I offer this amend- FEDERAL TRADE COMMISSION Charter Commission, as authorized by the ment to the Commerce-Justice-State Pacific Charter Commission Act of 2000 (Pub- SALARIES AND EXPENSES appropriations bill to strike language lic Law 106–570), $2,500,000, to remain avail- that would amend the Federal securi- For necessary expenses of the Federal able until expended. Trade Commission, including uniforms or al- ties laws with respect to the treatment lowances therefor, as authorized by 5 U.S.C. SECURITIES AND EXCHANGE COMMISSION of certain SEC fees. 5901–5902; services as authorized by 5 U.S.C. SALARIES AND EXPENSES The provisions that my amendment 3109; hire of passenger motor vehicles; not to For necessary expenses for the Securities would strike pertain to an issue that exceed $2,000 for official reception and rep- and Exchange Commission, including serv- has already been addressed in much resentation expenses, $155,982,000: Provided, ices as authorized by 5 U.S.C. 3109, the rental more comprehensive form in the form That not to exceed $300,000 shall be available of space (to include multiple year leases) in of H.R. 1088, the Investor and Capital for use to contract with a person or persons the District of Columbia and elsewhere, and for collection services in accordance with not to exceed $3,000 for official reception and Markets Fee Relief Act. the terms of 31 U.S.C. 3718, as amended: Pro- representation expenses, $109,500,000 from That bill, which was approved in the vided further, That, notwithstanding section fees collected in fiscal year 2002 to remain House with a resounding bipartisan 3302(b) of title 31, United States Code, not to available until expended, and from fees col- vote of 404 to 22, reduces the excess fees

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.030 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4159 that investors are currently paying in Provided further, That, notwithstanding 31 Mr. WOLF. Mr. Chairman, we accept connection with securities trans- U.S.C. 3302, revenues received from all such the amendment. The gentleman has actions, IPOs, and other securities ac- activities shall be credited to this account, worked with us in developing this tivities. to be available for carrying out these pur- amendment. We have no objection to poses without further appropriations. My amendment strikes language that it. would change the treatment of certain OFFICE OF INSPECTOR GENERAL However, I would note that we have exchange-traded transactions for pur- For necessary expenses of the Office of In- assumed a zero subsidy rate for the spector General in carrying out the provi- poses of allocating fees charged under sions of the Inspector General Act of 1978, as SBIC programs based on anticipated section 31 of the Securities and Ex- amended (5 U.S.C. App.), $11,927,000. authorization changes. change Act for budgetary purposes. BUSINESS LOANS PROGRAM ACCOUNT I am sure the gentleman is aware Rather than addressing this issue in For the cost of direct loans, $1,500,000, to be that in the event those changes are not a piecemeal fashion and outside the available until expended; and for the cost of enacted, that both the SBIC programs consideration of the committee of ju- guaranteed loans, $77,000,000, as authorized do not operate with a zero subsidy rate, risdiction, and that would be the Com- by 15 U.S.C. 631 note, of which $45,000,000 we will certainly not be in a position to mittee on Financial Services, it should shall remain available until September 30, maintain such a generous program be addressed, as it already has been, in 2003: Provided, That such costs, including the level limitation. H.R. 1088. cost of modifying such loans, shall be as de- With that, we accept the amendment I want to thank my good friend, the fined in section 502 of the Congressional and congratulate the gentleman. Budget Act of 1974, as amended: Provided fur- gentleman from Virginia (Mr. WOLF), ther, That during fiscal year 2002 commit- Mr. MANZULLO. The gentleman is the chairman of the subcommittee, for ments to guarantee loans under section 503 correct in his assumption. his cooperation on this matter, as well of the Small Business Investment Act of Mr. Chairman, I yield back the bal- as for his support of H.R. 1088, and urge 1958, as amended, shall not exceed ance of my time. all Members of the body to support my $3,750,000,000: Provided further, That during The CHAIRMAN. The question is on amendment to reduce SEC fees in a fiscal year 2002 commitments for general the amendment offered by the gen- comprehensive manner, rather than in business loans authorized under section 7(a) tleman from Illinois (Mr. MANZULLO). the appropriations process. I urge sup- of the Small Business Act, as amended, shall The amendment was agreed to. not exceed $10,000,000,000 without prior noti- Mr. WOLF. Mr. Chairman, I ask port for the amendment. fication of the Committees on Appropria- Mr. Chairman, I yield back the bal- tions of the House of Representatives and unanimous consent that the remainder ance of my time. Senate in accordance with section 605 of this of the bill through page 107, line 20, be Mr. WOLF. Mr. Chairman, I move to Act: Provided further, That during fiscal year considered as read, printed in the strike the last word. 2002 guarantee commitments under section RECORD, and open to amendment at Mr. Chairman, we will accept the 303(b) of the Small Business Investment Act any point. amendment. We have spoken with the of 1958, as amended, shall not exceed The CHAIRMAN. Is there objection gentleman from the class of 1980, and $4,100,000,000. to the request of the gentleman from we have no objection to the amend- AMENDMENT NO. 5 OFFERED BY MR. MANZULLO Virginia? ment. Mr. MANZULLO. Mr. Chairman, I There was no objection. We want to assure the gentleman offer an amendment. The text of the bill from page 96, line that these provisions were not intended The CHAIRMAN. The Clerk will des- 11, through page 107, line 20, is as fol- to infringe upon the gentleman’s juris- ignate the amendment. lows: diction in any way. The text of the amendment is as fol- In addition, for administrative expenses to Lastly, if there are any unforeseen lows: carry out the direct and guaranteed loan circumstances, as we mentioned to the Amendment No. 5 offered by Mr. MAN- programs, $129,000,000, which may be trans- ferred to and merged with the appropriations gentleman, in which the gentleman’s ZULLO: Page 96, line 10, strike ‘‘$4,100,000,000’’ and for Salaries and Expenses. legislation is not enacted, the com- insert the following: DISASTER LOANS PROGRAM ACCOUNT mittee will need to reconsider the in- the levels established by section 20(h)(1)(C) clusion of this language in the con- For the cost of direct loans authorized by of the Small Business Act (15 U.S.C. 631 note) section 7(b) of the Small Business Act, as ference report. The CHAIRMAN. Pursuant to the amended, $84,510,000, to remain available But it is a good amendment, and we order of the House of today, the gen- until expended: Provided, That such costs, in- strongly accept it. tleman from Illinois (Mr. MANZULLO) cluding the cost of modifying such loans, Mr. SERRANO. Mr. Chairman, I and a Member opposed each will con- shall be as defined in section 502 of the Con- move to strike the last word. gressional Budget Act of 1974, as amended. trol 5 minutes. In addition, for administrative expenses to Mr. Chairman, I will be very brief. I The Chair recognizes the gentleman just want to reiterate what the chair- carry out the direct loan program, from Illinois (Mr. MANZULLO). man just said. We, of course, support $120,354,000, which may be transferred to and Mr. MANZULLO. Mr. Chairman, I merged with appropriations for Salaries and the gentleman’s amendment; but if we yield myself such time as I may con- Expenses, of which $500,000 is for the Office of run into this problem that the gentle- sume. Inspector General of the Small Business Ad- man’s bill is not passed, we would hope Mr. Chairman, I bring this amend- ministration for audits and reviews of dis- that he will join us in making sure ment, along with my colleague, the aster loans and the disaster loan program that this language is put back in. He is ranking minority member on the Com- and shall be transferred to and merged with shaking his head. mittee on Small Business, the gentle- appropriations for the Office of Inspector General; of which $110,000,000 is for direct ad- The CHAIRMAN. The question is on woman from New York (Ms. the amendment offered by the gen- ministrative expenses of loan making and VELA´ ZQUEZ), and thank her for her servicing to carry out the direct loan pro- tleman from Ohio (Mr. OXLEY). help. gram; and of which $9,854,000 is for indirect The amendment was agreed to. This amendment is very simple. It in- administrative expenses: Provided, That any The CHAIRMAN. The Clerk will read. creases the guaranteed commitment amount in excess of $9,854,000 to be trans- The Clerk read as follows: levels for the Small Business Adminis- ferred to and merged with appropriations for SMALL BUSINESS ADMINISTRATION tration’s two Small Business Invest- Salaries and Expenses for indirect adminis- SALARIES AND EXPENSES ment Company programs to reflect the trative expenses shall be treated as a re- For necessary expenses, not otherwise pro- levels established by Congress in the programming of funds under section 605 of this Act and shall not be available for obliga- vided for, of the Small Business Administra- SBA Reauthorization Act. It does not tion as authorized by Public Law 105–135, in- tion or expenditure except in compliance call for any increased spending. with the procedures set forth in that section. cluding hire of passenger motor vehicles as Mr. Chairman, I understand that the authorized by 31 U.S.C. 1343 and 1344, and not ADMINISTRATIVE PROVISION—SMALL BUSINESS gentleman from Virginia (Mr. WOLF) is to exceed $3,500 for official reception and rep- ADMINISTRATION resentation expenses, $303,581,000: Provided, going to accept the amendment. Not to exceed 5 percent of any appropria- That the Administrator is authorized to Mr. WOLF. Mr. Chairman, will the tion made available for the current fiscal charge fees to cover the cost of publications gentleman yield? year for the Small Business Administration developed by the Small Business Administra- Mr. MANZULLO. I yield to the gen- in this Act may be transferred between such tion, and certain loan servicing activities: tleman from Virginia. appropriations, but no such appropriation

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.109 pfrm01 PsN: H18PT1 H4160 CONGRESSIONAL RECORD — HOUSE July 18, 2001 shall be increased by more than 10 percent change in existing programs, activities, or (3) any instruction (live or through broad- by any such transfers: Provided, That any projects as approved by Congress; unless the casts) or training equipment for boxing, transfer pursuant to this paragraph shall be Appropriations Committees of both Houses wrestling, judo, karate, or other martial art, treated as a reprogramming of funds under of Congress are notified 15 days in advance of or any bodybuilding or weightlifting equip- section 605 of this Act and shall not be avail- such reprogramming of funds. ment of any sort; able for obligation or expenditure except in SEC. 606. None of the funds made available (4) possession of in-cell coffee pots, hot compliance with the procedures set forth in in this Act may be used for the construction, plates or heating elements; or that section. repair (other than emergency repair), over- (5) the use or possession of any electric or STATE JUSTICE INSTITUTE haul, conversion, or modernization of vessels electronic musical instrument. for the National Oceanic and Atmospheric SEC. 612. None of the funds made available SALARIES AND EXPENSES Administration in shipyards located outside in title II for the National Oceanic and At- For necessary expenses of the State Jus- of the United States. mospheric Administration (NOAA) under the tice Institute, as authorized by the State SEC. 607. (a) PURCHASE OF AMERICAN-MADE headings ‘‘Operations, Research, and Facili- Justice Institute Authorization Act of 1992 EQUIPMENT AND PRODUCTS.—It is the sense of ties’’ and ‘‘Procurement, Acquisition and (Public Law 102–572; 106 Stat. 4515–4516), the Congress that, to the greatest extent Construction’’ may be used to implement $6,835,000, to remain available until ex- practicable, all equipment and products pur- sections 603, 604, and 605 of Public Law 102– pended: Provided, That not to exceed $2,500 chased with funds made available in this Act 567: Provided, That NOAA may develop a shall be available for official reception and should be American-made. modernization plan for its fisheries research representation expenses. (b) NOTICE REQUIREMENT.—In providing fi- vessels that takes fully into account oppor- TITLE VI—GENERAL PROVISIONS nancial assistance to, or entering into any tunities for contracting for fisheries surveys. contract with, any entity using funds made SEC. 613. Any costs incurred by a depart- SEC. 601. No part of any appropriation con- available in this Act, the head of each Fed- ment or agency funded under this Act result- tained in this Act shall be used for publicity eral agency, to the greatest extent prac- ing from personnel actions taken in response or propaganda purposes not authorized by ticable, shall provide to such entity a notice to funding reductions included in this Act the Congress. describing the statement made in subsection shall be absorbed within the total budgetary SEC. 602. No part of any appropriation con- (a) by the Congress. resources available to such department or tained in this Act shall remain available for (c) PROHIBITION OF CONTRACTS WITH PER- agency: Provided, That the authority to obligation beyond the current fiscal year un- SONS FALSELY LABELING PRODUCTS AS MADE transfer funds between appropriations ac- less expressly so provided herein. IN AMERICA.—If it has been finally deter- counts as may be necessary to carry out this SEC. 603. The expenditure of any appropria- mined by a court or Federal agency that any section is provided in addition to authorities tion under this Act for any consulting serv- person intentionally affixed a label bearing a included elsewhere in this Act: Provided fur- ice through procurement contract, pursuant ‘‘Made in America’’ inscription, or any in- ther, That use of funds to carry out this sec- to 5 U.S.C. 3109, shall be limited to those scription with the same meaning, to any tion shall be treated as a reprogramming of contracts where such expenditures are a product sold in or shipped to the United funds under section 605 of this Act and shall matter of public record and available for States that is not made in the United States, not be available for obligation or expendi- public inspection, except where otherwise the person shall be ineligible to receive any ture except in compliance with the proce- provided under existing law, or under exist- contract or subcontract made with funds dures set forth in that section. ing Executive order issued pursuant to exist- made available in this Act, pursuant to the SEC. 614. Hereafter, none of the funds made ing law. debarment, suspension, and ineligibility pro- available in this Act to the Federal Bureau SEC. 604. If any provision of this Act or the cedures described in sections 9.400 through of Prisons may be used to distribute or make application of such provision to any person 9.409 of title 48, Code of Federal Regulations. available any commercially published infor- or circumstances shall be held invalid, the SEC. 608. None of the funds made available mation or material to a prisoner when it is remainder of the Act and the application of in this Act may be used to implement, ad- made known to the Federal official having each provision to persons or circumstances minister, or enforce any guidelines of the authority to obligate or expend such funds other than those as to which it is held in- Equal Employment Opportunity Commission that such information or material is sexu- valid shall not be affected thereby. covering harassment based on religion, when ally explicit or features nudity. SEC. 605. (a) None of the funds provided it is made known to the Federal entity or of- SEC. 615. Of the funds appropriated in this under this Act, or provided under previous ficial to which such funds are made available Act under the heading ‘‘Office of Justice Pro- appropriations Acts to the agencies funded that such guidelines do not differ in any re- grams—State and Local Law Enforcement by this Act that remain available for obliga- spect from the proposed guidelines published Assistance’’, not more than 90 percent of the tion or expenditure in fiscal year 2002, or by the Commission on October 1, 1993 (58 amount to be awarded to an entity under the provided from any accounts in the Treasury Fed. Reg. 51266). Local Law Enforcement Block Grant shall be of the United States derived by the collec- SEC. 609. None of the funds made available made available to such an entity when it is tion of fees available to the agencies funded by this Act may be used for any United Na- made known to the Federal official having by this Act, shall be available for obligation tions undertaking when it is made known to authority to obligate or expend such funds or expenditure through a reprogramming of the Federal official having authority to obli- that the entity that employs a public safety funds which: (1) creates new programs; (2) gate or expend such funds: (1) that the officer (as such term is defined in section eliminates a program, project, or activity; United Nations undertaking is a peace- 1204 of title I of the Omnibus Crime Control (3) increases funds or personnel by any keeping mission; (2) that such undertaking and Safe Streets Act of 1968) does not provide means for any project or activity for which will involve United States Armed Forces such a public safety officer who retires or is funds have been denied or restricted; (4) relo- under the command or operational control of separated from service due to injury suffered cates an office or employees; (5) reorganizes a foreign national; and (3) that the Presi- as the direct and proximate result of a per- offices, programs, or activities; or (6) con- dent’s military advisors have not submitted sonal injury sustained in the line of duty tracts out or privatizes any functions or ac- to the President a recommendation that while responding to an emergency situation tivities presently performed by Federal em- such involvement is in the national security or a hot pursuit (as such terms are defined ployees; unless the Appropriations Commit- interests of the United States and the Presi- by State law) with the same or better level tees of both Houses of Congress are notified dent has not submitted to the Congress such of health insurance benefits at the time of 15 days in advance of such reprogramming of a recommendation. retirement or separation as they received funds. SEC. 610. (a) None of the funds appropriated while on duty. (b) None of the funds provided under this or otherwise made available by this Act shall SEC. 616. None of the funds provided by this Act, or provided under previous appropria- be expended for any purpose for which appro- Act shall be available to promote the sale or tions Acts to the agencies funded by this Act priations are prohibited by section 609 of the export of tobacco or tobacco products, or to that remain available for obligation or ex- Departments of Commerce, Justice, and seek the reduction or removal by any foreign penditure in fiscal year 2002, or provided State, the Judiciary, and Related Agencies country of restrictions on the marketing of from any accounts in the Treasury of the Appropriations Act, 1999. tobacco or tobacco products, except for re- United States derived by the collection of (b) The requirements in subparagraphs (A) strictions which are not applied equally to fees available to the agencies funded by this and (B) of section 609 of that Act shall con- all tobacco or tobacco products of the same Act, shall be available for obligation or ex- tinue to apply during fiscal year 2002. type. penditure for activities, programs, or SEC. 611. None of the funds made available SEC. 617. (a) None of the funds appropriated projects through a reprogramming of funds in this Act shall be used to provide the fol- or otherwise made available by this Act shall in excess of $500,000 or 10 percent, whichever lowing amenities or personal comforts in the be expended for any purpose for which appro- is less, that: (1) augments existing programs, Federal prison system— priations are prohibited by section 616 of the projects, or activities; (2) reduces by 10 per- (1) in-cell television viewing except for Departments of Commerce, Justice, and cent funding for any existing program, prisoners who are segregated from the gen- State, the Judiciary, and Related Agencies project, or activity, or numbers of personnel eral prison population for their own safety; Appropriations Act, 1999, as amended. by 10 percent as approved by Congress; or (3) (2) the viewing of R, X, and NC–17 rated (b) Subsection (a)(1) of section 616 of that results from any general savings from a re- movies, through whatever medium pre- Act, as amended, is further amended— duction in personnel which would result in a sented; (1) by striking ‘‘Claudy Myrthil,’’.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.036 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4161 (c) The requirements in subsections (b) and Mr. OLVER. Mr. Chairman, I yield tury. The rider is used to badger federal agen- (c) of section 616 of that Act shall continue myself such time as I may consume. cies and to demand repeated explanations for to apply during fiscal year 2002. Mr. Chairman, the amendment that I their environmental activities. The Inspector SEC. 618. None of the funds appropriated have is a simple one. It detracts noth- pursuant to this Act or any other provision General was recently forced to investigate al- of law may be used for: (1) the implementa- ing from the respect that I have for the leged violations of the rider by the EPA, De- tion of any tax or fee in connection with the chairman, who has done such a good partment of Energy, and the State Department implementation of 18 U.S.C. 922(t); and (2) job with this bill, nor of the ranking and found no instances of violation. any system to implement 18 U.S.C. 922(t) member, the gentleman from New York This rider jeopardizes executive agency that does not require and result in the de- (Mr. SERRANO), who has joined him in work on any and every issue related to climate struction of any identifying information sub- presenting what I think is, in whole, an change—which the U.S. is obligated to ad- mitted by or on behalf of any person who has excellent bill. dress as part of the United Nations framework been determined not to be prohibited from But I rise to strike section 623 from owning a firearm. Convention on climate change. Remember SEC. 619. Notwithstanding any other provi- this legislation, which, as indicated, that the UN Framework Convention on climate sion of law, amounts deposited or available would be a provision on any funding change was proposed for ratification by then in the Fund established under 42 U.S.C. 10601 used for anything, really, related to President George Herbert Walker Bush in in any fiscal year in excess of $575,000,000 global warming. I hope that this September 1992, ratified by the Senate in Oc- shall not be available for obligation until the amendment would be accepted. tober 1992, and took force in 1994. following fiscal year. Mr. WOLF. Mr. Chairman, will the Mr. Chairman, the United States has an ob- SEC. 620. None of the funds made available gentleman yield? ligation to be an international leader on global to the Department of Justice in this Act Mr. OLVER. I yield to the gentleman may be used to discriminate against or deni- warming. We owe it to our children who de- grate the religious or moral beliefs of stu- from Virginia. serve to inherit a healthy planet. The con- dents who participate in programs for which Mr. WOLF. Mr. Chairman, we accept sequences of global warming will not be mild financial assistance is provided from those the amendment. and we must being to act soon. funds, or of the parents or legal guardians of Mr. OLVER. Mr. Chairman, I thank The American public wants this Congress such students. the gentleman. and this Administration to find a way to ad- SEC. 621. None of the funds appropriated in Mr. Chairman, for the most part, this bill is dress global warming. How we do that, is NOT this Act shall be available for the purpose of an excellent bill, and I greatly respect the out- the subject of today’s debate. This vote has granting either immigrant or nonimmigrant standing work of the chairman of the sub- visas, or both, consistent with the Sec- nothing to do with implementing or even liking retary’s determination under section 243(d) committee, the gentleman from Virginia, and the Kyoto Protocol. of the Immigration and Nationality Act, to of the ranking member on the subcommittee, I urge this body to pass this and all remain- citizens, subjects, nationals, or residents of the gentleman from New York. ing Appropriation bills, free of this ill-conceived countries that the Attorney General has de- I rise to strike section 623, an anti-environ- and unneeded rider. Allow our agencies to termined deny or unreasonably delay accept- mental rider, which is meant to prevent any search for ways and measures authorized by ing the return of citizens, subjects, nation- and all action to address the climate change the already ratified UN Framework to begin als, or residents under that section. caused by global warming. addressing greenhouse gases. SEC. 622. None of the funds made available Last week, the gentleman from Maryland to the Department of Justice in this Act I urge a yes vote on the Gilchrest/Olver may be used for the purpose of transporting (Mr. GILCHREST) and I offered this same amendment. an individual who is a prisoner pursuant to amendment on the Agriculture appropriations Mr. OLVER. Mr. Chairman, I yield conviction for crime under State or Federal bill which was graciously accepted by the back the balance of my time. law and is classified as a maximum or high Chair and adopted by voice vote. Less than 2 The CHAIRMAN. The question is on security prisoner, other than to a prison or months ago, this House adopted a sense of the amendment offered by the gen- other facility certified by the Federal Bu- the Congress relating to global warming, in the tleman from Massachusetts (Mr. reau of Prisons as appropriately secure for Foreign Relations Authorization Act, and that OLVER). housing such a prisoner. sense of Congress pointed out that global cli- The amendment was agreed to. The CHAIRMAN. Are there any mate change poses a significant threat to na- The CHAIRMAN. The Clerk will read. amendments to this section of the bill? tional security. And just this morning, the The Clerk read as follows: The Clerk will read. Chairman of the VA–HUD Appropriations Sub- TITLE VII—RESCISSIONS The Clerk read as follows: committee, the gentleman from new York, re- DEPARTMENT OF COMMERCE SEC. 623. None of the funds appropriated by DEPARTMENTAL MANAGEMENT this Act shall be used to propose or issue moved this egregious language from that bill. rules, regulations, decrees, or orders for the I am extremely pleased to see that the debate EMERGENCY OIL AND GAS GUARANTEED LOAN purpose of implementation, or in preparation on global warming, in the House of Represent- PROGRAM ACCOUNT for implementation, of the Kyoto Protocol atives, is moving in the right direction. (RESCISSION) which was adopted on December 11, 1997, in Regardless of the fate of the Kyoto Protocol, Of the unobligated balances available Kyoto, Japan, at the Third Conference of the there is overwhelming, peer reviewed, sound under this heading from prior year appro- Parties to the United Nations Framework scientific evidence that global warming is oc- priations, $115,000,000 are rescinded. Convention on Climate Change, which has curring, and substantially due to human influ- EMERGENCY STEEL GUARANTEED LOAN not been submitted to the Senate for advice PROGRAM ACCOUNT and consent to ratification pursuant to arti- ence—the National Academy of Science has (RESCISSION) cle II, section 2, clause 2, of the United very recently reaffirmed that fact. Placing a States Constitution, and which has not en- gag order on federal agencies can only stifle Of the unobligated balances available tered into force pursuant to article 25 of the our ability to address this critical environ- under this heading from prior year appro- Protocol. mental issue—at a time when carefully consid- priations, $10,000,000 are rescinded. AMENDMENT NO. 25 OFFERED BY MS. JACKSON- AMENDMENT NO. 33 OFFERED BY MR. OLVER ered, but comprehensive action is needed. Mr. OLVER. Mr. Chairman, I offer an As I explained last week, this rider is not LEE OF TEXAS amendment. new. It dates back to the Clinton Administra- Ms. JACKSON-LEE of Texas. Mr. The CHAIRMAN. The Clerk will des- tion, when the majority believed with good rea- Chairman, I offer an amendment. The CHAIRMAN. The Clerk will des- ignate the amendment. son that President Clinton would have acted to ignate the amendment. The text of the amendment is as fol- implement Kyoto. The text of the amendment is as fol- lows: But President Bush has made it clear that lows: Amendment No. 33 offered by Mr. OLVER: he has no intention of implementing the Kyoto Page 107, beginning on line 21, strike sec- Protocol. He has even declared the Kyoto pro- Amendment No. 25 offered by Ms. JACKSON- tion 623 (relating to Kyoto Protocol). LEE of Texas: tocol ‘‘dead.’’ Page 108, after line 22, insert the following: The CHAIRMAN. Pursuant to the So, if this Administration isn’t even remotely TITLE VIII—ADDITIONAL GENERAL order of the House of today, the gen- thinking about implementing the Kyoto Pro- PROVISIONS tleman from Massachusetts (Mr. tocol, what is the language that this amend- SEC. 801. Of the amounts made available OLVER) and a Member opposed each ment would strike really about? under the heading ‘‘Immigration and Natu- will control 5 minutes. It is really about preventing any serious ralization Service, Enforcement and Border The Chair recognizes the gentleman progress at all on global warming—our most Affairs’’, $20,000,000 may be used for a pro- from Massachusetts (Mr. OLVER). serious environmental issue for the 21st cen- gram of alternatives to detention for aliens

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.036 pfrm01 PsN: H18PT1 H4162 CONGRESSIONAL RECORD — HOUSE July 18, 2001 who are not a danger to the community and to be free in this country, away from plea agreement prior to the enactment are not likely to abscond. persecution. of the 1996 Anti-terrorism and Effective The CHAIRMAN. Pursuant to the I believe this is a right direction and Death Penalty Act and Illegal Immi- order of the House of today, the gentle- a response to those who are not in any gration Reform and Responsibility Act woman from Texas (Ms. JACKSON-LEE) way endangering the lives and condi- be afforded their due process rights by and a Member opposed each will con- tions of Americans, like children, like enabling them to seek relief from re- trol 5 minutes. families, and like those who simply moval under the same circumstances POINT OF ORDER want to be free. that existed prior to the effective date Mr. WOLF. Mr. Chairman, I have a Mr. WOLF. Mr. Chairman, I insist on of these 1996 acts. point of order against the amendment. my point of order. In essence, this is simply to allow The CHAIRMAN. The gentleman The CHAIRMAN. The gentleman in- due process, which certainly is, I be- from Virginia will state his point of sists on his point of order. lieve, an important remedy on the floor order. Does any Member wish to be heard on of this House. Specifically, my amend- Mr. WOLF. Mr. Chairman, I make a the point of order? If not, the Chair is ment would amend H.R. 2500 to specify point of order against the amendment prepared to rule. that none of the funds in the bill may because it provides for an appropria- The amendment proposes to earmark be used to remove, deport, or exclude tion for an unauthorized program, and certain funds in the bill under Clause an alien for a conviction of a crime if it therefore violates clause 2 of rule 2(a) of rule XXI. Such an earmarking the alien entered into a plea agreement XXI. must be specifically authorized by law. before April 1, 1997, or who, after June The CHAIRMAN. Does any Member The burden of establishing the author- 25, 2001, requested 212(c) relief, which wish to be heard on the point of order? ization in law rests with the proponent gives the Attorney General discretion Ms. JACKSON-LEE of Texas. Mr. of the amendment. to waive deportation of resident aliens Chairman, I would like to be heard on Finding that this burden has not under the Immigration and Naturaliza- the point of order. been carried, the point of order is sus- tion Act, pursuant to the recent Su- The CHAIRMAN. The gentlewoman tained and the amendment is not in preme Court decision in INS v. St. Cyr, from Texas (Ms. JACKSON-LEE) is recog- order. or who has not received a final deporta- nized. AMENDMENT NO. 21 OFFERED BY MS. JACKSON- tion removal order. Ms. JACKSON-LEE of Texas. Mr. LEE OF TEXAS On June 25, 2001, the United States Chairman, I serve on the Committee on Ms. JACKSON-LEE of Texas. Mr. Supreme Court issued a decision in the the Judiciary, the authorizing sub- Chairman, I offer an amendment. case of INS v. St. Cyr that people who committee, the Subcommittee on Im- The CHAIRMAN. The Clerk will des- had pleaded guilt to a deportable of- migration and Claims. In that capac- ignate the amendment. fense at a time when they may have ity, I am seeing on a regular basis the The text of the amendment is as fol- been eligible for relief from removal impact that this amendment tries to lows: under then section 212(c) of the Immi- address. gration and Nationality Act remain el- Amendment No. 21 offered by Ms. JACKSON- This amendment would earmark a LEE of Texas: igible for the 212(c) waiver. Under the relatively small amount of INS deten- At the end of the bill, insert after the last Supreme Court ruling, so long as an tion funds, $20 million, for the imple- section (preceding the short title) the fol- immigrant was eligible for 212(c) waiv- mentation of alternatives to detention lowing: er at the time of his or her guilty plea for those persons who are not a danger TITLE VIII—ADDITIONAL GENERAL under the law as it existed at that to society and are not in danger of ab- PROVISIONS time, they remain eligible for the waiv- sconding. SEC. 801. None of the funds made available er regardless of when the INS started The financial and human costs of de- in this Act may be used to remove, deport, or deportation or removal proceedings. taining foreign nationals in the United exclude any alien from the United States There have been reports by some at- States has increased exponentially in under the Immigration and Nationality Act torneys who represent clients who have recent years. INS detention costs now for conviction of a crime if the alien— become eligible for relief pursuant to total more than $1 billion a year. More (1) before April 1, 1997, entered into a plea the Supreme Court’s St. Cyr decision agreement under which the alien pled guilty than 22,000 aliens are currently de- to the crime that renders the alien inadmis- that the INS is moving to remove them tained by the INS, and the number is sible or deportable; and from the United States, despite their growing. (2) after June 25, 2001— possible eligibility for a waiver and to Sixty percent of detained aliens are (A) requests discretionary relief under sec- be able to apply due process under the held in local and county jails. The rest tion 212(c) of the Immigration and Nation- Supreme Court case. are detained in INS-owned and oper- ality Act (as in effect at the time of the I would suggest that if aliens who are ated facilities. Many of these detained alien’s plea agreement) on the ground that represented by attorneys are being re- are neither a danger to themselves or the opinion of the Supreme Court of the moved despite the decision of the Su- their communities, and they are not in United States rendered in Immigration and preme Court, it is almost certain there Naturalization Service v. St. Cyr, 533 U.S. danger of absconding. Detaining these ll (2001) renders the alien eligible to seek are some individuals who are not rep- people wastes valuable Federal re- such relief; and resented who are also eligible for relief. sources that could be put to better use. (B) has not received a final order of re- Because there is no procedure to allow Detention is not only costly in dol- moval, deportation, or exclusion upon denial a person who has been removed from lars, it is costly, as well, in terms of of such request. the United States to pursue 212(c) relief human suffering, as people are need- Mr. WOLF. Mr. Chairman, I rise in from outside the country, an individual lessly separated from loved ones. Often opposition to the amendment. who is removed from the United States the person in the detention is the The CHAIRMAN. The gentleman would therefore be ineligible for the breadwinner. from Virginia will be recognized in op- very relief which the Supreme Court Asylum seekers, children, and other position to the amendment. has said they are now entitled to. people with strong community ties The Chair recognizes the gentle- My amendment would not provide re- should not be detained. The INS should woman from Texas (Ms. JACKSON-LEE). lief legislatively to any individuals. support alternatives to detention na- The decision on whether to grant relief tionwide. Faith-based and other orga- b 1600 would be up to the immigration judges. nizations are willing to work with the Ms. JACKSON-LEE of Texas. Mr. I do not interfere with that process. INS to make such projects work. Chairman, I thank the ranking member Those judges will be required to weigh I urge the committee to adopt this and the chairman, and I hope that by the individual circumstances with the amendment that will be allowed to uti- the time I conclude we will have an op- requirements of the law as the law ex- lize alternative detention, particularly portunity to agree on this amendment isted prior to the enactment of AEDPA for those who are not prepared to ab- because it seeks to comply with a re- and the IIRIRA. Removal of these indi- scond, are not dangerous to society, cent decision by the United States Su- viduals prior to ascertaining the eligi- and are simply seeking the opportunity preme Court that aliens who came to a bility for 212(c) relief would constitute

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.038 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4163 an unconscionable violation of their I may consume, and I thank my col- utmost concern to me. For example, this year due process rights, in contravention of leagues for their indulgence. I have introduced H.R. 70, a bill which would the decision of the U.S. Supreme Court. We have found over the course of this prohibit keeping a loaded firearm or an un- I urge my colleagues to consider this debate dealing with safety and guns, loaded firearm and ammunition within any correction, which is without a request and I want to remove this from being a premises knowingly or recklessly disregarding for funding. It is, in essence, budget- divisive debate, that we have a lot that the risk that a child is capable of gaining ac- neutral. It is simply to reinforce the we can agree upon. In fact, the Presi- cess to it and will use the firearm to cause due process that is necessary to pro- dent of the United States himself, death or serious bodily injury. vide anyone with their right to access while the Governor of the State of Even more alarming, is the fact that the justice. Texas, supported voluntary trigger number of homicides committed annually with Mr. WOLF. Mr. Chairman, I rise in lock programs. This particular amend- a firearm by persons in the 14- to 24-year-old opposition to the amendment. ment is a limitation and does not have age group increased sharply from 1985 to Mr. Chairman, we really should not a budget impact. It simply asks that 1993; they have declined since then, but not be going here. We should not be doing we not allow any funds to be utilized to to the 1985 level. According to the Bureau of this. We are not the authorizers. This prohibit the utilization or the imple- Justice Statistics, from 1985 to 1993, the num- is so complex. It is my understanding mentation of voluntary safety lock ber of firearm-related homicides committed by that the INS is still trying to interpret programs in the States throughout the 14- to 17-year-olds increased by 294%, from this case and its subsequent impact on Nation. 855 to 3,371. From 1993 to 1999, the number the INS. Each year, teenagers and children are of firearm-related homicides committed by per- We understand the gentlewoman is involved in more than 10,000 accidental sons in this age group decreased by 65%, seeking to ensure that aliens qualified shootings in which close to 800 people from 3,371 to 1,165. A Department of Justice under the St. Cyr decision benefit from die. In addition, every year 1,300 chil- survey indicated that 12.7% of students age the decision, but I am not sure if the dren use firearms to commit suicide. In 12 to 19 reported knowing a student who amendment does that or goes farther. 1998, the year for which the most re- brought a firearm to school. We have made The Committee on the Judiciary has cent total statistics are available, valuable strides in protecting our youth from concerns. We have been trying to reach there were 1,971 juvenile deaths attrib- gun violence, but we have not done enough. the gentleman from Pennsylvania (Mr. utable to firearms. Of the juvenile This Congress and the Administration have GEKAS), who is chairman of the Sub- total, 1,062 were homicides or due to taken an important step in this bill by request- committee on Immigration and Claims; legal interventions; 648 were suicides; ing $75 million for Program ChildSafe. Accord- but he is not available. 207 were unintentional; and 54 were of ing the majority Committee’s report on this This is a very complicated case. unknown causes. From 1993 to 1998, program, it will help make sure that gun safety There are legions of lawyers at the INS firearm-related deaths for juveniles locks are available for every handgun in Amer- still trying to figure this out, and I have decreased by an average rate of 10 ica. Although this legislation does not require would not want, nor do I think the percent annually, for an overall de- gun safety locks, as should be done, its intent Congress would want, to impose an- crease of 40 percent. is commendable. other layer that would only complicate However, even one child who dies this issue. So this is just not a place we from a gun death is one too many. And However, by offering this amendment, I should go, and I strongly urge that we I am sure that we all can come to an want to make sure that there is no other ‘‘back oppose the amendment. agreement that we have had a meeting door’’ legislation that will act to discourage The CHAIRMAN. The question is on of the minds on the value of voluntary states from participating in this or any other the amendment offered by the gentle- trigger lock programs, safety programs federally funded program that provides gun woman from Texas (Ms. JACKSON-LEE). that, one, can be taught in the school; safety locks. The question was taken; and the and, two, can engage parents and com- Gun safety locks will not save all our chil- Chairman announced that the noes ap- munities to be able to assist us in dren from death from a gun. However, they do peared to have it. working together. I also have had hear- play an important role in protecting children Ms. JACKSON-LEE of Texas. Mr. ings on the issue of bullying in the who get access to a gun. It is important that Chairman, I demand a recorded vote. schools, so I recognize that there are at both the state and federal levels our gov- The CHAIRMAN. Pursuant to clause many elements to violence among chil- ernment supports these efforts, not hampers 6 of rule XVIII, further proceedings on dren. But if we can do anything that them. the amendment offered by the gentle- would ensure that we have a common I urge my colleagues to join me in sup- woman from Texas (Ms. JACKSON-LEE) agreement, it is to be able to support porting this amendment. will be postponed. safety locks and the technology behind Mr. WOLF. Mr. Chairman, I yield AMENDMENT NO. 20 OFFERED BY MS. JACKSON- them. myself such time as I may consume, LEE OF TEXAS I would also just say to my col- and I rise to simply say that we accept Ms. JACKSON-LEE of Texas. Mr. leagues that safety locks have been the gentlewoman’s amendment. Chairman, I offer an amendment. tested. The committee has reported The CHAIRMAN. The Clerk will des- The CHAIRMAN. The question is on that no funds shall be obligated for the ignate the amendment. the amendment offered by the gentle- The text of the amendment is as fol- purchase and distribution of gun safety woman from Texas (Ms. JACKSON-LEE). lows: locks until the National Institute of The amendment was agreed to. Standards and Technology develops na- Amendment No. 20 offered by Ms. JACKSON- tional standards for the locks, but we SEQUENTIAL VOTES POSTPONED IN COMMITTEE LEE of Texas: OF THE WHOLE Page 108, after line 22, insert the following: are also asking that that not prevent individual jurisdictions from partici- The CHAIRMAN. Pursuant to clause TITLE VIII—ADDITIONAL GENERAL 6 of rule XVIII, proceedings will now PROVISIONS pating in a gun safety lock program. resume on those amendments on which SEC. 801. None of the funds appropriated in With that, Mr. Chairman, I ask my title I of this Act may be used to prohibit colleagues to join in supporting this further proceedings were postponed in states from participating in voluntary child amendment, which has no statement the following order: amendment No. 29 safety gun lock programs. on a Member’s support or nonsupport offered by the gentlewoman from New The CHAIRMAN. Pursuant to the on guns. It only says we want to make York (Mrs. MALONEY), amendment No. order of the House of today, the gentle- sure that our children are safe. 28 offered by the gentlewoman from woman from Texas (Ms. JACKSON-LEE) Mr. Chairman, this amendment to Title I of New York (Mrs. MALONEY), amendment and a Member opposed each will con- the appropriations bill, which provides spend- No. 17 offered by the gentleman from trol 5 minutes. ing for the Department of Justice, states that Texas (Mr. DELAY), and amendment The Chair recognizes the gentle- no federal funds can be used to prohibit states No. 21 offered by the gentlewoman from woman from Texas (Ms. JACKSON-LEE) from participating in voluntary gun child safety- Texas (Ms. JACKSON-LEE of Texas). for 5 minutes. lock programs. The Chair will reduce to 5 minutes Ms. JACKSON-LEE of Texas. Mr. As a parent and chair of the Congressional the time for any electronic vote after Chairman, I yield myself such time as Children’s Caucus, the safety of children is of the first vote in this series.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.130 pfrm01 PsN: H18PT1 H4164 CONGRESSIONAL RECORD — HOUSE July 18, 2001

AMENDMENT NO. 29 OFFERED BY MRS. MALONEY Waxman Wexler Wu ANNOUNCEMENT BY THE CHAIRMAN Weiner Woolsey Wynn OF NEW YORK The CHAIRMAN. Pursuant to clause The CHAIRMAN. The pending busi- NOES—217 6 of rule XVIII, the Chair announces ness is the demand for a recorded vote Aderholt Graham Pickering that he will reduce to a minimum of 5 on amendment No. 29 offered by the Akin Granger Pitts minutes the period of time within Armey Graves Platts gentlewoman from New York (Mrs. Bachus Green (WI) Pombo which a vote by electronic device will MALONEY) on which further pro- Baker Greenwood Portman be taken on each amendment on which ceedings were postponed and on which Ballenger Grucci Pryce (OH) the Chair has postponed further pro- the noes prevailed by voice vote. Barr Gutknecht Putnam Bartlett Hall (TX) Quinn ceedings. The Clerk will redesignate the Barton Hansen Radanovich (By unanimous consent, Mr. ARMEY amendment. Bass Hart Ramstad was allowed to speak out of order.) Bereuter Hastings (WA) Regula The Clerk redesignated the amend- Biggert Hayes Rehberg LEGISLATIVE PROGRAM ment. Bilirakis Hayworth Reynolds Mr. ARMEY. Mr. Chairman, let me Blunt Hefley Rogers (KY) RECORDED VOTE Boehlert Herger Rogers (MI) begin by appreciating the members of The CHAIRMAN. A recorded vote has Boehner Hilleary Rohrabacher the committee, the floor managers, and been demanded. Bonilla Hobson Ros-Lehtinen the Members with amendments for Bono Hoekstra Roukema A recorded vote was ordered. Brady (TX) Horn Royce their cooperative work today. We are The vote was taken by electronic de- Brown (SC) Hostettler Ryan (WI) making fine progress on this bill. There Bryant Houghton Ryun (KS) vice, and there were—ayes 209, noes 217, is every reason for us to understand Burr Hulshof Saxton that we can complete our work on this not voting 7, as follows: Burton Hunter Scarborough Buyer Hyde Schaffer bill this evening. So after this series of [Roll No. 239] Callahan Isakson Schrock votes, I am going to ask the committee AYES—209 Calvert Issa Sensenbrenner to go back to this bill. We would expect Camp Istook Sessions Abercrombie Gordon Moore Cannon Jenkins Shadegg to complete our work on this bill this Ackerman Green (TX) Moran (VA) Cantor Johnson (CT) Shaw evening. We would then probably find Allen Gutierrez Morella Capito Johnson (IL) Shays it late in the evening, too late, to pick Andrews Hall (OH) Murtha Castle Johnson, Sam Sherwood up H.R. 7 tonight, so we would turn our Baca Harman Nadler Chabot Jones (NC) Shimkus Baird Hastings (FL) Napolitano Chambliss Keller Shuster attention to H.R. 7 in the morning as Baldacci Hill Neal Coble Kelly Simmons the first order of business following the Baldwin Hilliard Oberstar Collins Kennedy (MN) Simpson rule. Barcia Hinchey Obey Combest Kerns Skeen Barrett Hinojosa Olver Cooksey King (NY) Smith (MI) I want to again thank everybody for Becerra Hoeffel Ortiz Cox Kingston Smith (NJ) their cooperation and say, let us go Bentsen Holden Owens Crane Kirk Smith (TX) Berkley Holt back to work and get this bill done. Pallone Crenshaw Knollenberg Souder Berman Honda Pascrell Cubin Kolbe Stearns Mr. OBEY. Mr. Chairman, will the Berry Hooley Pastor Culberson LaHood Stenholm gentleman yield? Bishop Hoyer Payne Cunningham Largent Stump Blagojevich Inslee Mr. ARMEY. I yield to the gentleman Pelosi Davis, Jo Ann Latham Sununu Blumenauer Israel Davis, Tom LaTourette Sweeney from Texas. Bonior Jackson (IL) Peterson (MN) Phelps Deal Leach Tancredo Mr. OBEY. Let me simply say, I Borski Jackson-Lee DeLay Lewis (CA) Tauzin Boswell (TX) Pomeroy agree with the gentleman that the Price (NC) DeMint Lewis (KY) Taylor (NC) Boucher John Diaz-Balart Linder Terry committee is making good progress. Boyd Johnson, E. B. Rahall Rangel Doolittle LoBiondo Thomas There are still a number of hurdles Brady (PA) Jones (OH) Dreier Lucas (OK) Thornberry Brown (FL) Kanjorski Reyes that we are going to have to get over Rivers Duncan Manzullo Thune Brown (OH) Kaptur Dunn McCrery tonight if we are going to be finished. Rodriguez Tiahrt Capps Kennedy (RI) Ehlers McHugh Tiberi Roemer It will require the cooperation of every Capuano Kildee Ehrlich McInnis Toomey Ross Member in terms of limiting time on Cardin Kilpatrick Emerson McKeon Traficant Rothman Carson (IN) Kind (WI) English Mica Upton amendments which we will try to get Roybal-Allard Carson (OK) Kleczka Everett Miller (FL) Vitter done. We are not there yet, but I hope Rush Clay Kucinich Ferguson Miller, Gary Walden Clayton LaFalce Sabo that we can get there if we have a rea- Flake Moran (KS) Walsh sonable sense of flexibility on Mem- Clement Lampson Sanchez Foley Myrick Wamp Clyburn Langevin Sanders Forbes Nethercutt Watkins (OK) bers’ part. Condit Lantos Sandlin Fossella Ney Watts (OK) Mr. ARMEY. Mr. Chairman, I may Conyers Larsen (WA) Sawyer Frelinghuysen Northup Weldon (PA) just remind all the Members, unless Costello Larson (CT) Schakowsky Gallegly Norwood Weller Coyne Lee Schiff Ganske Nussle Whitfield you had a particular fire burning in Cramer Levin Scott Gekas Osborne Wicker your heart, you would always find it an Crowley Lewis (GA) Serrano Gibbons Ose Wilson attractive option to put it in the Cummings Lipinski Sherman Gilchrest Otter Wolf Davis (CA) Lofgren Shows Gillmor Oxley Young (AK) RECORD. Davis (FL) Lowey Skelton Goode Pence Young (FL) Davis (IL) Lucas (KY) AMENDMENT NO. 28 OFFERED BY MRS. MALONEY Slaughter Goodlatte Peterson (PA) OF NEW YORK DeFazio Luther Smith (WA) Goss Petri DeGette Maloney (CT) Snyder The CHAIRMAN. The pending busi- Delahunt Maloney (NY) Solis NOT VOTING—7 DeLauro Markey ness is the demand for a recorded vote Spratt Gilman Paul Weldon (FL) Deutsch Mascara on the amendment offered by the gen- Stark Hutchinson Riley Dicks Matheson Strickland Jefferson Spence tlewoman from New York (Mrs. Dingell Matsui Stupak MALONEY) on which further pro- Doggett McCarthy (MO) b 1634 Dooley McCarthy (NY) Tanner ceedings were postponed and on which Doyle McCollum Tauscher Mr. TERRY changed his vote from the noes prevailed by voice vote. Edwards McDermott Taylor (MS) Thompson (CA) ‘‘aye’’ to ‘‘no.’’ The Clerk will redesignate the Engel McGovern Messrs. RANGEL, TOWNS, TURNER, Eshoo McIntyre Thompson (MS) amendment. Etheridge McKinney Thurman BOSWELL, and FLETCHER changed The Clerk redesignated the amend- Tierney Evans McNulty their vote from ‘‘no’’ to ‘‘aye.’’ ment. Farr Meehan Towns So the amendment was rejected. Fattah Meek (FL) Turner RECORDED VOTE Filner Meeks (NY) Udall (CO) The result of the vote was announced Fletcher Menendez Udall (NM) as above recorded. The CHAIRMAN. A recorded vote has Ford Millender- Velazquez Stated against: been demanded. Frank McDonald Visclosky Mr. GILMAN. Mr. Chairman, on rollcall No. A recorded vote was ordered. Frost Miller, George Waters Gephardt Mink Watson (CA) 239 I was inadvertently detained. Had I been The CHAIRMAN. Without objection, Gonzalez Mollohan Watt (NC) present, I would have voted ‘‘no’’. this will be a 5-minute vote.

VerDate 19-JUL-2001 05:38 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.135 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4165 There was no objection. Dreier Keller Rogers (MI) Baker Ehrlich Kind (WI) Duncan Kelly Rohrabacher Baldacci Emerson King (NY) The vote was taken by electronic de- Dunn Kennedy (MN) Roukema Baldwin Engel Kingston vice, and there were—ayes 215, noes 215, Ehlers Kerns Royce Ballenger English Kirk not voting 3, as follows: Ehrlich King (NY) Ryan (WI) Barcia Eshoo Kleczka Emerson Kingston Ryun (KS) Barr Etheridge Knollenberg [Roll No. 240] English Kirk Saxton Barrett Evans Kolbe AYES—215 Everett Knollenberg Scarborough Bartlett Everett Kucinich Ferguson Kolbe Schaffer Barton Farr LaFalce Abercrombie Hall (OH) Napolitano Flake LaHood Schrock Ackerman Hall (TX) Neal Bass Fattah LaHood Fletcher Largent Sensenbrenner Allen Harman Oberstar Becerra Ferguson Lampson Foley Latham Sessions Andrews Hastings (FL) Obey Bentsen Filner Langevin Forbes LaTourette Shadegg Baca Hill Olver Bereuter Flake Lantos Fossella Leach Shaw Baird Hilliard Ortiz Berkley Fletcher Largent Frelinghuysen Lewis (CA) Shays Baldacci Hinchey Owens Berman Foley Larsen (WA) Gallegly Lewis (KY) Sherwood Baldwin Hinojosa Pallone Berry Forbes Larson (CT) Ganske Linder Shimkus Barcia Hoeffel Pascrell Biggert Ford Latham Gekas LoBiondo Shuster Barrett Holden Pastor Bilirakis Fossella LaTourette Gibbons Lucas (OK) Simmons Becerra Holt Payne Bishop Frank Leach Gilchrest Manzullo Simpson Bentsen Honda Pelosi Blagojevich Frelinghuysen Lee Gillmor McCrery Skeen Berkley Hooley Peterson (MN) Blumenauer Frost Levin Gilman McHugh Smith (MI) Berman Hoyer Phelps Blunt Gallegly Lewis (CA) Goode McInnis Smith (NJ) Berry Inslee Pomeroy Boehlert Ganske Lewis (GA) Goodlatte McKeon Smith (TX) Bishop Israel Price (NC) Boehner Gekas Lewis (KY) Goss Mica Souder Blagojevich Jackson (IL) Rahall Bonilla Gephardt Linder Graham Miller (FL) Stearns Blumenauer Jackson-Lee Rangel Bonior Gibbons Lipinski Granger Miller, Gary Stump Bonior (TX) Reyes Bono Gilchrest LoBiondo Graves Moran (KS) Sununu Bono Jefferson Rivers Borski Gillmor Lofgren Green (WI) Myrick Sweeney Borski John Rodriguez Boswell Gilman Lowey Greenwood Nethercutt Tancredo Boswell Johnson, E. B. Roemer Boucher Gonzalez Lucas (KY) Grucci Ney Tauzin Boucher Jones (OH) Ros-Lehtinen Boyd Goode Lucas (OK) Gutknecht Northup Taylor (NC) Boyd Kanjorski Ross Brady (PA) Goodlatte Luther Hansen Norwood Terry Brady (PA) Kaptur Rothman Brady (TX) Gordon Maloney (CT) Hart Nussle Thomas Brown (FL) Kennedy (RI) Roybal-Allard Brown (FL) Goss Maloney (NY) Hastings (WA) Osborne Thornberry Brown (OH) Kildee Rush Brown (OH) Graham Manzullo Hayes Ose Thune Capps Kilpatrick Sabo Brown (SC) Granger Markey Hayworth Otter Tiahrt Capuano Kind (WI) Sanchez Bryant Graves Mascara Hefley Oxley Tiberi Cardin Kleczka Sanders Burr Green (TX) Matheson Herger Paul Toomey Carson (IN) Kucinich Sandlin Burton Green (WI) Matsui Hilleary Pence Traficant Carson (OK) LaFalce Sawyer Buyer Greenwood McCarthy (MO) Hobson Peterson (PA) Upton Clay Lampson Schakowsky Callahan Grucci McCarthy (NY) Hoekstra Petri Vitter Clayton Langevin Schiff Horn Pickering Walden Calvert Gutierrez McCollum Clement Lantos Scott Hostettler Pitts Walsh Camp Gutknecht McCrery Clyburn Larsen (WA) Serrano Houghton Platts Wamp Cannon Hall (OH) McGovern Condit Larson (CT) Sherman Hulshof Pombo Watkins (OK) Cantor Hall (TX) McHugh Conyers Lee Shows Hunter Portman Watts (OK) Capito Hansen McInnis Costello Levin Skelton Hyde Pryce (OH) Weldon (FL) Capps Harman McIntyre Coyne Lewis (GA) Slaughter Isakson Putnam Weldon (PA) Capuano Hart McKeon Cramer Lipinski Smith (WA) Issa Quinn Weller Cardin Hastings (WA) McKinney Crowley Lofgren Snyder Istook Radanovich Whitfield Carson (IN) Hayes McNulty Cummings Lowey Solis Jenkins Ramstad Wicker Carson (OK) Hayworth Meehan Davis (CA) Lucas (KY) Spratt Johnson (CT) Regula Wolf Castle Hefley Meek (FL) Davis (FL) Luther Stark Johnson (IL) Rehberg Young (AK) Chabot Herger Meeks (NY) Davis (IL) Maloney (CT) Stenholm Johnson, Sam Reynolds Young (FL) Chambliss Hill Menendez DeFazio Maloney (NY) Strickland Jones (NC) Rogers (KY) Clayton Hilleary Mica DeGette Markey Stupak Clement Hilliard Millender- Delahunt Mascara Tanner NOT VOTING—3 Clyburn Hinchey McDonald DeLauro Matheson Tauscher Coble Hinojosa Miller (FL) Hutchinson Riley Spence Deutsch Matsui Taylor (MS) Collins Hobson Miller, Gary Diaz-Balart McCarthy (MO) Thompson (CA) Combest Hoeffel Miller, George Dicks McCarthy (NY) Thompson (MS) b 1646 Condit Hoekstra Mollohan Dingell McCollum Thurman Conyers Holden Moore Doggett McDermott Tierney So the amendment was rejected. Cooksey Holt Moran (KS) Dooley McGovern Towns The result of the vote was announced Costello Honda Moran (VA) Doyle McIntyre Turner as above recorded. Cox Hooley Morella Edwards McKinney Udall (CO) Coyne Horn Murtha Engel McNulty Udall (NM) AMENDMENT NO. 17 OFFERED BY MR. DELAY Cramer Hostettler Myrick Eshoo Meehan Velazquez The CHAIRMAN. The pending busi- Crane Houghton Nadler Etheridge Meek (FL) Visclosky ness is the demand for a recorded vote Crenshaw Hoyer Napolitano Evans Meeks (NY) Waters Crowley Hulshof Neal Farr Menendez Watson (CA) on the amendment offered by the gen- Cubin Hunter Nethercutt Fattah Millender- Watt (NC) tleman from Texas (Mr. DELAY) on Culberson Hutchinson Ney Filner McDonald Waxman which further proceedings were post- Cummings Hyde Northup Ford Miller, George Weiner poned and on which the ayes prevailed Cunningham Inslee Norwood Frank Mink Wexler Davis (CA) Isakson Nussle Frost Mollohan Wilson by voice vote. Davis (FL) Israel Oberstar Gephardt Moore Woolsey The Clerk will redesignate the Davis (IL) Issa Obey Gonzalez Moran (VA) Wu amendment. Davis, Jo Ann Istook Olver Gordon Morella Wynn Davis, Tom Jackson (IL) Ortiz Green (TX) Murtha The Clerk redesignated the amend- Deal Jackson-Lee Osborne Gutierrez Nadler ment. DeFazio (TX) Ose RECORDED VOTE DeGette Jefferson Otter NOES—215 Delahunt Jenkins Owens Aderholt Bonilla Coble The CHAIRMAN. A recorded vote has DeLauro John Oxley Akin Brady (TX) Collins been demanded. DeLay Johnson (CT) Pallone Armey Brown (SC) Combest A recorded vote was ordered. DeMint Johnson (IL) Pascrell Bachus Bryant Cooksey Deutsch Johnson, E.B. Pastor Baker Burr Cox The CHAIRMAN. This will be a 5- Diaz-Balart Johnson, Sam Paul Ballenger Burton Crane minute vote. Dicks Jones (NC) Payne Barr Buyer Crenshaw The vote was taken by electronic de- Dingell Jones (OH) Pelosi Bartlett Callahan Cubin vice, and there were—ayes 424, noes 6, Doggett Kanjorski Pence Barton Calvert Culberson Dooley Kaptur Peterson (MN) Bass Camp Cunningham not voting 3, as follows: Doolittle Keller Peterson (PA) Bereuter Cannon Davis, Jo Ann [Roll No. 241] Doyle Kelly Petri Biggert Cantor Davis, Tom Dreier Kennedy (MN) Phelps Bilirakis Capito Deal AYES—424 Duncan Kennedy (RI) Pickering Blunt Castle DeLay Abercrombie Allen Baca Dunn Kerns Pitts Boehlert Chabot DeMint Aderholt Andrews Bachus Edwards Kildee Platts Boehner Chambliss Doolittle Akin Armey Baird Ehlers Kilpatrick Pombo

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.137 pfrm01 PsN: H18PT1 H4166 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Pomeroy Scott Thompson (MS) Carson (IN) Jackson-Lee Obey LaTourette Portman Spratt Portman Sensenbrenner Thornberry Clay (TX) Olver Leach Pryce (OH) Stearns Price (NC) Serrano Thune Clayton Jefferson Ortiz Lewis (CA) Putnam Stump Pryce (OH) Sessions Thurman Clement Johnson, E. B. Owens Lewis (KY) Quinn Stupak Putnam Shadegg Tiahrt Clyburn Jones (OH) Pallone Linder Radanovich Sununu Quinn Shaw Tiberi Condit Kanjorski Pascrell LoBiondo Ramstad Sweeney Radanovich Shays Tierney Conyers Kaptur Pastor Lucas (KY) Regula Tancredo Rahall Sherman Toomey Costello Kennedy (RI) Payne Lucas (OK) Rehberg Tanner Ramstad Sherwood Towns Coyne Kildee Pelosi Maloney (CT) Reynolds Tauzin Rangel Shimkus Traficant Crowley Kilpatrick Peterson (MN) Manzullo Roemer Taylor (MS) Regula Shuster Turner Cummings Kind (WI) Pomeroy Markey Rogers (KY) Taylor (NC) Rehberg Simmons Udall (CO) Davis (CA) King (NY) Price (NC) McCrery Rogers (MI) Terry Reyes Simpson Udall (NM) Davis (FL) Kleczka Rahall McHugh Rohrabacher Thomas Reynolds Skeen Upton Davis (IL) Kucinich Rangel McInnis Ross Thornberry Rivers Skelton Velazquez DeFazio LaFalce Reyes McIntyre Roukema Thune Rodriguez Rivers Slaughter Visclosky DeGette Lampson McKeon Royce Thurman Roemer Smith (MI) Vitter Rodriguez Mica Ryan (WI) Tiahrt Delahunt Langevin Rogers (KY) Smith (NJ) Walden Lantos Ros-Lehtinen Miller (FL) Ryun (KS) Tiberi DeLauro Rogers (MI) Smith (TX) Walsh Larsen (WA) Rothman Miller, Gary Saxton Toomey Deutsch Rohrabacher Smith (WA) Wamp Larson (CT) Roybal-Allard Moran (KS) Schaffer Traficant Diaz-Balart Ros-Lehtinen Snyder Waters Lee Rush Myrick Schrock Turner Dicks Ross Solis Watkins (OK) Levin Sabo Nethercutt Sensenbrenner Upton Dingell Rothman Souder Watson (CA) Lewis (GA) Sanchez Ney Sessions Visclosky Doggett Roukema Spratt Watt (NC) Lipinski Sanders Northup Shadegg Vitter Roybal-Allard Stearns Watts (OK) Dooley Lofgren Sandlin Norwood Shaw Walden Royce Stenholm Waxman Doyle Lowey Sawyer Nussle Shays Walsh Rush Strickland Weiner Edwards Luther Scarborough Osborne Sherwood Wamp Ryan (WI) Stump Weldon (FL) Engel Maloney (NY) Schakowsky Ose Shimkus Watkins (OK) Ryun (KS) Stupak Weldon (PA) Eshoo Mascara Schiff Otter Shows Watts (OK) Sabo Sununu Weller Etheridge Matheson Scott Oxley Shuster Weldon (FL) Sanchez Sweeney Wexler Evans Matsui Serrano Paul Simmons Weldon (PA) Sanders Tancredo Whitfield Farr McCarthy (MO) Sherman Pence Simpson Weller Sandlin Tanner Wicker Fattah McCarthy (NY) Slaughter Peterson (PA) Skeen Whitfield Sawyer Tauscher Wilson Filner McCollum Smith (WA) Petri Skelton Wicker Saxton Tauzin Wolf Ford McDermott Solis Phelps Smith (MI) Wilson Scarborough Taylor (MS) Woolsey Frank McGovern Stark Pickering Smith (NJ) Wolf Schaffer Taylor (NC) Wu Frost McKinney Stenholm Pitts Smith (TX) Young (AK) Schakowsky Terry Wynn Gephardt McNulty Strickland Platts Snyder Young (FL) Schiff Thomas Young (AK) Gonzalez Meehan Tauscher Pombo Souder Schrock Thompson (CA) Young (FL) Green (TX) Thompson (CA) Meek (FL) NOT VOTING—2 Grucci Meeks (NY) Thompson (MS) NOES—6 Gutierrez Menendez Tierney Riley Spence Ackerman Hastings (FL) Mink Hall (TX) Millender- Towns Clay McDermott Stark Harman McDonald Udall (CO) b 1704 Hastings (FL) Miller, George Udall (NM) NOT VOTING—3 So the amendment was rejected. Hilliard Mink Velazquez The result of the vote was announced Riley Shows Spence Hinchey Mollohan Waters Hoeffel Moore Watson (CA) as above recorded. b 1654 Holt Moran (VA) Watt (NC) Mr. MARKEY. Mr. Chairman, during rollcall Honda Morella Waxman vote No. 242 on H.R. 2500 I mistakenly re- Mr. STARK changed his vote from Hooley Weiner Murtha corded my vote as a ‘‘no’’ when I should have ‘‘aye’’ to ‘‘no.’’ Hoyer Nadler Wexler voted ‘‘yes.’’ Mr. MORAN of Virginia changed his Inslee Napolitano Woolsey Israel Neal Wu Mr. OBEY. Mr. Chairman, as the des- vote from ‘‘no’’ to ‘‘aye.’’ Jackson (IL) Oberstar Wynn ignee of the gentleman from New York So the amendment was agreed to. (Mr. SERRANO), I move to strike the The result of the vote was announced NOES—242 last word. as above recorded. Aderholt Crane Gutknecht Mr. Chairman, it has been my intent Akin Crenshaw Hall (OH) AMENDMENT NO. 21 OFFERED BY MS. JACKSON- Armey Cubin Hansen to offer today an amendment to this LEE OF TEXAS Bachus Culberson Hart bill that would have been a straight The CHAIRMAN. The pending busi- Baker Cunningham Hastings (WA) limitation on the Federal Communica- ness is the demand for a recorded vote Ballenger Davis, Jo Ann Hayes tions Commission prohibiting the Com- Barr Davis, Tom Hayworth on the amendment offered by the gen- Bartlett Deal Hefley mission from implementing any change tlewoman from Texas (Ms. JACKSON- Barton DeLay Herger in the current rules related to media LEE) on which further proceedings were Bass DeMint Hill cross-ownership and concentration of postponed and on which the noes pre- Bereuter Doolittle Hilleary media ownership issues. Berry Dreier Hinojosa vailed by voice vote. Biggert Duncan Hobson I am concerned with the current level The Clerk will redesignate the Bilirakis Dunn Hoekstra of concentration in media markets. I amendment. Blunt Ehlers Holden think there are too few media outlets Boehlert Ehrlich Horn in many markets across the country. A The Clerk redesignated the amend- Boehner Emerson Hostettler ment. Bonilla English Houghton concentration of media power into the RECORDED VOTE Bono Everett Hulshof hands of a few media companies is an Boyd Ferguson Hunter issue I think every one of us in this The CHAIRMAN. A recorded vote has Brady (TX) Flake Hutchinson been demanded. Brown (SC) Fletcher Hyde body ought to be concerned about, and A recorded vote was ordered. Bryant Foley Isakson I think we need to take a closer look at The CHAIRMAN. This will be a 5- Burr Forbes Issa this issue. That was the purpose of my Burton Fossella Istook amendment. minute vote. Buyer Frelinghuysen Jenkins The vote was taken by electronic de- Callahan Gallegly John I am concerned that the current vice, and there were—ayes 189, noes 242, Calvert Ganske Johnson (CT) group of commissioners on the FCC, Camp Gekas Johnson (IL) not voting 2, as follows: particularly the chairman, does not Cannon Gibbons Johnson, Sam share this concern and may even be [Roll No. 242] Cantor Gilchrest Jones (NC) Capito Gillmor Keller laying the groundwork for relaxing or AYES—189 Carson (OK) Gilman Kelly even eliminating some of the media Abercrombie Barrett Borski Castle Goode Kennedy (MN) ownership limitations on the books at Ackerman Becerra Boswell Chabot Goodlatte Kerns Allen Bentsen Boucher Chambliss Gordon Kingston the FCC. Andrews Berkley Brady (PA) Coble Goss Kirk My amendment would not have tied Baca Berman Brown (FL) Collins Graham Knollenberg the agency’s hands in considering pro- Baird Bishop Brown (OH) Combest Granger Kolbe posed changes. I just wanted to make Baldacci Blagojevich Capps Cooksey Graves LaHood Baldwin Blumenauer Capuano Cox Green (WI) Largent sure that the Congress had an oppor- Barcia Bonior Cardin Cramer Greenwood Latham tunity to review the proposals in the

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.053 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4167 appropriate forum before the FCC that existing constraints on excessive ly, amendment numbered 12 shall be could implement any changes to those media concentration are maintained. debatable only for 60 minutes equally rules. My amendment, therefore, would To that end, I am going to be request- divided and controlled by the pro- have delayed until the end of the year ing the chairman of the Committee on ponent and an opponent. the implementation of any proposed Energy and Commerce to hold hearings The SPEAKER pro tempore. Is there changes to the rules addressed in media on that topic so that we can make bet- objection to the request of the gen- cross-ownership and concentration. ter informed judgment as to how we tleman from Virginia? I know the gentleman from Michigan might best protect the American public Mr. SERRANO. Mr. Speaker, reserv- (Mr. DINGELL), the ranking member of from the very real dangers that media ing my right to object, and I will not the Committee on Energy and Com- concentration and media ownership object, but I just wanted to know, does merce, shares many of my concerns; concentration issues present. our agreement now leave, to the gen- and I know he also had concerns about Mr. Chairman, I want to thank the tleman’s understanding, any amend- the amendment I was considering be- gentleman for yielding to me, and I ments that are not covered by time cause he feared it would tie the hands want to commend him for what he has limits? of the Commission to respond to any had to say today, and I wish to say to Mr. WOLF. Mr. Speaker, if the gen- court order challenging the current him again, I agree with him. tleman will yield, there are just a cou- rules, if there is such a court order, Mr. OBEY. Mr. Chairman, reclaiming ple that are not. during the fiscal year. my time, I thank the gentleman. Let Mr. SERRANO. Mr. Speaker, do we So I would like to engage in a col- me simply say that I think that is a know exactly how many? loquy with the gentleman. Knowing of very helpful comment from him. Mr. WOLF. Mr. Speaker, I do not the gentleman’s concerns regarding the I think Members need to understand know. We will try to find out. issue of diversity in the media and that we are in danger of seeing news Mr. SERRANO. Mr. Speaker, I with- maintaining the voice of local broad- outlets in this country virtually ho- draw my reservation of objection. casting, I would urge him to keep this mogenized. We are in danger of seeing The SPEAKER pro tempore. Is there issue at the front of the debate on the many local voices stilled by these con- objection to the request of the gen- Committee on Energy and Commerce, stant mergers and mega-mergers be- tleman from Virginia? and I would ask the gentleman one tween media corporations. We need a There was no objection. question: Can he tell us if the author- diversity of media expression in this f izing committee intends to hold hear- country, and I hope that the FCC does DEPARTMENTS OF COMMERCE, ings on the issue of media ownership? not contribute to the exact opposite, as Mr. DINGELL. Mr. Chairman, will I fear they may be planning, and I JUSTICE, AND STATE, THE JUDI- the gentleman yield? thank the gentleman. CIARY, AND RELATED AGENCIES Mr. OBEY. I yield to the gentleman Mr. WOLF. Mr. Chairman, I move APPROPRIATIONS ACT, 2002 from Michigan. that the Committee do now rise. The SPEAKER pro tempore. Pursu- Mr. DINGELL. Mr. Chairman, first of The motion was agreed to. ant to House Resolution 192 and rule all, I want to commend the gentleman Accordingly, the Committee rose; XVIII, the Chair declares the House in for his position. and the Speaker pro tempore (Mr. REY- the Committee of the Whole House on Second of all, I want to thank him NOLDS) having assumed the chair, Mr. the State of the Union for the further for yielding. HASTINGS of Washington, Chairman of consideration of the bill, H.R. 2500. Third of all, I want to tell the gen- the Committee of the Whole House on b 1712 tleman that I strongly agree with him. the State of the Union, reported that I assure the gentleman that I share his that Committee, having had under con- IN THE COMMITTEE OF THE WHOLE concerns about excessive concentration sideration the bill (H.R. 2500) making Accordingly, the House resolved of ownership in media markets. In fact, appropriations for the Departments of itself into the Committee of the Whole I think there is too much concentra- Commerce, Justice, and State, the Ju- House on the State of the Union for the tion at this time. In fact, I just re- diciary, and related agencies for the further consideration of the bill (H.R. cently wrote the chairman of the FCC, fiscal year ending September 30, 2002, 2500) making appropriations for the De- as the gentleman knows, and expressed and for other purposes, had come to no partments of Commerce, Justice, and my strong belief that the current resolution thereon. State, the Judiciary, and related agen- broadcast ownership cap should be re- f cies for the fiscal year ending Sep- tained and that the public interest re- tember 30, 2002, and for other purposes, quires that that be done. However, I FURTHER LIMITATION ON AMEND- with Mr. HASTINGS of Washington in also believe that the amendment origi- MENTS DURING FURTHER CON- the chair. nally proposed by my friend might SIDERATION OF H.R. 2500, DE- The Clerk read the title of the bill. have had some unintended con- PARTMENTS OF COMMERCE, The CHAIRMAN. When the Com- sequences; and I want to thank him for JUSTICE, AND STATE, THE JUDI- mittee of the Whole House rose earlier deciding not to offer it today. CIARY, AND RELATED AGENCIES today, the bill was open for amendment I will assure the gentleman from Wis- APPROPRIATIONS ACT, 2002 from page 108, line 17, through page 108, consin (Mr. OBEY) that I will work with Mr. WOLF. Mr. Speaker, I ask unani- line 22. him in all kind of ways and on all occa- mous consent that during further con- Pursuant to the further order of the sions to try and see to it that his view sideration of H.R. 2500 in the Com- House, each amendment shall not be and my view prevail on the matter of mittee of the Whole, pursuant to House subject to amendment (except that the increasing concentration in the media. Resolution 192 and the order of the chairman and ranking minority mem- There are several court cases pending House of July 17, 2001, each amendment ber of the Committee on Appropria- that many believe will remand certain shall not be subject to amendment (ex- tions, or a designee, may offer one pro media ownership rules back to the FCC cept that the chairman and ranking forma amendment for the purpose of for further consideration and revision. minority member of the Committee on further debate on any pending amend- Unless and until the FCC acts pursuant Appropriations, or a designee, each ment); amendments numbered 14, 26 to a court order, there would be no may offer one pro forma amendment shall be debatable only for 10 minutes ownership limitations in place if the for the purpose of further debate on equally divided and controlled by a amendment carried. That is an out- any pending amendment); amendments proponent and an opponent; amend- come that I believe neither of us would numbered 14, 26 shall be debatable only ments numbered 3, 30, 6 and 7 shall be like to see. for 10 minutes equally divided and con- debatable only for 20 minutes equally I will assure the gentleman from Wis- trolled by the proponent and an oppo- divided and controlled by a proponent consin that I will continue to work nent; amendments numbered 3, 30, 6, 7, and an opponent; and amendment num- within the legislative committee. It shall be debatable only for 20 minutes bered 12 shall be debatable only for 60 will be my intent to work with my equally divided and controlled by the minutes equally divided and controlled good friend from Wisconsin to assure proponent and an opponent; and, last- by a proponent and an opponent.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.143 pfrm01 PsN: H18PT1 H4168 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Mr. SERRANO. Mr. Chairman, I Mr. Chairman, I would like to con- partment of Commerce program. There is no move to strike the last word. tinue the discussion. For the last 9 justifiable reason for excluding these two es- I yield to the gentlewoman from years, the member colleges and univer- teemed institutions from participating in this re- California (Ms. ROYBAL-ALLARD) for sities of the National Textile Center search consortium. the purpose of a colloquy with myself, have been doing research and outreach Mr. WOLF. Mr. Chairman, I move to the gentleman from Virginia (Mr. and support of the textile industry. Its strike the last word. WOLF), and several other Members. research goals have been to discover, Mr. Chairman, I would just share the Ms. ROYBAL-ALLARD. Mr. Chair- design, and develop new materials and gentlewoman’s interest in supporting man, I thank the gentleman for yield- innovative and improved manufac- our domestic textile and apparel indus- ing. turing and integrated systems essen- try. I understand the importance of up- I greatly appreciate the past support tial to the success of modern United to-date research for the manufacturers of the Subcommittee on Commerce, States textile enterprises. in her district and many other districts Justice, State, the Judiciary and Re- While the National Textile Center in the country. As a matter of fact, my lated Agencies for programs that assist has been doing good work, they have congressional district has lost several communities and industries adversely neglected the research programs of two textile facilities. impacted by foreign trade, commu- of the Nation’s top textile-producing As the gentlewoman knows, we had nities such as those in my own district States, New York and California. Both to restore $13 million from the Presi- where the textile and apparel industry Cornell University and the University dent’s request for this very program. has taken a significant hit from foreign of California at Davis, New York’s and To add additional centers without pro- competition over the last decade. California’s respective land grant uni- viding additional funding would be in- versities, should be a part of this im- appropriate, but I would be pleased to b 1715 work with the gentlewoman as we This has resulted in the loss of thou- portant research consortium. New York is the number two State in move to conference to try to ensure sands of jobs to Mexico, China, and apparel manufacturing based on annual that California’s and New York’s con- other countries. cerns relating to the National Textile The National Textile Center, admin- gross State product. Apparel manufac- turing is the largest manufacturing Center are given proper consideration. istered by the Department of Com- AMENDMENT NO. 35 OFFERED BY MR. merce, helps to counter the negative sector in New York City, and con- stitutes about one-third of all of New ROHRABACHER impact of foreign competition through Mr. ROHRABACHER. Mr. Chairman, research that supports state-of-the-art York City’s manufacturing. New York State employs the second- I offer an amendment. manufacturing in our domestic textile The CHAIRMAN. The Clerk will des- and apparel industry. highest number of people in apparel manufacturing, after California. The ignate the amendment. Incredibly, the University of Cali- The text of the amendment is as fol- apparel industry contributed $4.47 bil- fornia, with an internationally recog- lows: lion in value-added manufacturing and nized textile science program, is not a Amendment No. 35 offered by Mr. ROHR- $9.64 billion in shipments to the 1997 member of the National Textile Center ABACHER: consortium. As a result, it has been un- New York State annual gross product. At the end of the bill (before the short able to obtain grants from the National At Cornell University, the Depart- title), insert the following: Textile Center for its important re- ment of Textiles and Apparel is nation- TITLE VIII—ADDITIONAL GENERAL search. ally recognized for its research and PROVISIONS What makes the exclusion of the Uni- outreach that focus on apparel design, SEC. 801. None of the funds made available versity of California even more sur- apparel technology, and fiber science. in this Act may be used by the Department prising is the fact that California is the Beyond that, there are some extraor- of Justice or the Department of State to file a motion in any court opposing a civil action second largest textile- and apparel-pro- dinarily innovative research and design programs that are going on at these in- against any Japanese person or corporation ducing State in the Nation, the leading for compensation or reparations in which the manufacturer of apparel in the United stitutions. plaintiff alleges that, as an American pris- States, having produced $13 billion The research involved not only will oner of war during World War II, he or she worth of goods last year alone. And na- impact what we traditionally recognize was used as slave or forced labor. tionally, California is the largest em- as apparel and textiles, but also has The CHAIRMAN. Pursuant to the ployer in the apparel and textile trade, implications for public health, public order of the House of today, the gen- employing over 144,000 Californians. safety, and even public works. tleman from California (Mr. ROHR- For example, Cornell researcher Anil If the National Textile Center is to ABACHER) and a Member opposed each be truly national, its membership Netravali has evaluated the use of will control 5 minutes. should not be limited to eastern and epoxy lining for gas service pipes. Mr. WOLF. Mr. Chairman, I reserve a southeastern institutions alone. Tex- Many of the service pipes that connect point of order on the amendment. tile manufacturing in California is homes and businesses with the main The CHAIRMAN. The gentleman very different, and the emphasis of the gas lines are old and corroded, and are from Virginia (Mr. WOLF) reserves a University of California’s research pro- expensive to replace because of the ex- point of order. grams differs from that of these insti- tensive digging and disruption that is The Chair recognizes the gentleman tutions. required. from California (Mr. ROHRABACHER) for As one of the leading manufacturing I urge that these two schools be 5 minutes. States in the country and a significant taken into consideration in this pro- Mr. ROHRABACHER. Mr. Chairman, contributor to our Nation’s economy, gram. It is essential for the future of I yield myself such time as I may con- California’s institutions are more than the textile industry in America. sume. worthy of membership in the National Mr. Chairman, Professor C.C. Chu is work- Mr. Chairman, I am offering an Textile Center consortium. ing on biodegradable hydrogels that can be amendment in support of former Amer- I look forward to working with the used in the medical sciences. The potential ican prisoners of war who were used by gentleman from Virginia (Chairman products from hydrogel textiles can be used in slave labor by Japanese corporations WOLF) to implement a true national tissue engineering and could include skin, car- during the Second World War. These program that supports the textile and tilage and even blood vessel replacement op- heroes survived the Bataan Death apparel industry throughout the tions. The availability of these tissue-engi- March, only to be transported to Japan United States. neered products could have significant impli- and elsewhere in infamous death ships Mr. HINCHEY. Mr. Chairman, will cations for our health-care needs. and then forced to work for Japanese the gentleman yield? The National Textile Center is the primary companies under the most horrendous Mr. SERRANO. I yield to the gen- federal funding source for university-based circumstances and conditions. tleman from New York. textile and apparel research. Cornell University Private employees in these corpora- Mr. HINCHEY. Mr. Chairman, I and the University of California at Davis tions tortured and physically abused thank the gentleman for yielding to should be able to compete for the funds that these American POWs while the cor- me. are made available through this important De- porations withheld essential medical

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.144 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4169 care and even the most minimal sought to close the book on this injus- mire what the gentleman from Cali- amount of food. tice a long time ago. fornia is trying to do. I just do not My amendment to H.R. 2500 would I would hope that we can put this think it is done properly in the gentle- prohibit any funds in the act from type of restriction into this bill that man’s amendment. being used by the United States gov- would prevent the State Department Mr. WOLF. Reclaiming my time, Mr. ernment to prevent the former POWs from using any funds that we authorize Chairman, perhaps we can work with from seeking a fair hearing against the and appropriate today in order to pre- the gentleman from Illinois (Mr. HYDE) Japanese companies who used them as vent our POWs from suing the Japa- and the gentleman from California (Mr. slave labor in civil court. nese corporations that used them as ROHRABACHER) as we get to the point. This amendment is supportive of slave labor in the Second World War. But I think the gentleman makes a H.R. 1198, which is a bill that I have au- Mr. WOLF. Mr. Chairman, I continue valid point. thored and put into the hopper which to reserve a point of order, and I move If the gentleman could sit down with has over 160 cosponsors which calls for to strike the last word. them, maybe we could work something the United States government not to Mr. HYDE. Mr. Chairman, will the out by the time we finish up the bill. interfere with the efforts of former gentleman yield? POINT OF ORDER World War II POWs to have their day Mr. WOLF. I yield to the gentleman Mr. WOLF. Mr. Chairman, I make a in court. This provision now, as I say, from Illinois. point of order against the amendment has over 160 bipartisan cosponsors. Mr. HYDE. Mr. Chairman, I thank because it proposes to change existing After the war, approximately 16,000 the gentleman for yielding to me. law, which constitutes legislation in an POWs returned all battered and nearly Mr. Chairman, I just want to say to appropriation bill and therefore vio- starved from their terrible ordeal, my dear friend, the gentleman from lates clause 2 of rule XXI. many permanently disabled; their lives California (Mr. ROHRABACHER), I am en- The CHAIRMAN. Does any Member changed forever. Many of them had tirely sympathetic with what he is wish to be heard on the point of order? died during the war; 11,000 POWs died seeking to do. I just think it is Mr. ROHRABACHER. Yes, Mr. Chair- at the hand of the Japanese corporate inartfully done in the gentleman’s man. controllers. The Japanese, by the way, amendment. The CHAIRMAN. The Chair will hear had the worst record of physical abuse He seeks to inhibit the government any argument on the point of order. for POWs in recorded history. from filing any motion. There are lots The gentleman from California is rec- Some 4,500 of the former POWs are of other pleadings and litigation be- ognized. still alive. Now, like many other vic- sides a motion. There is an answer, Mr. ROHRABACHER. Let me just tims of World War II and the atrocities there are interrogatories. There are all note, Mr. Chairman, that many of the of that war, the remaining survivors, sorts of documents that could cir- objections that my good friend and the our POWs, our most heroic defenders, cumvent what the gentleman is at- chairman have made I believe frankly are looking to try to seek justice and tempting to do. It is too narrow. could be taken care of easily by simply recognition for the ordeal they suf- Secondly, fraud, it is an open door to letting the POWs that we are referring fered. fraud. If the gentleman stops the gov- to take their case to court, because They do not seek action or retalia- ernment from denying that some plain- then the court would determine wheth- tion against the current Japanese gov- tiff was not a POW, is a phony, that er or not there had been fraud, whether ernment or the current Japanese peo- can happen easily. All kinds of people or not the people have a just claim, ple, nor do they seek to portray Asian- claim war records. The gentleman whether or not the records were suffi- Americans or the Japanese people in a opened the door for that. cient in order to prove their case. negative light. Rather, our former I think what the gentleman wants to All of the objections that the good POWs, these brave heroes, seek the op- do is meritorious, but it is going to re- chairman just made can easily be de- portunity to bring their case against quire a lot more attention. I would pre- termined by a judge, and that is my in- Japanese corporations who used them fer the gentleman to have a bill, and tent. That is the intent of this legisla- as slave labor, to bring their case to we have some hearings and have some tion. civil court. scholarship look at this and do it right. Instead, by letting our State Depart- Japan has extended favorable repara- Mr. ROHRABACHER. Mr. Chairman, ment use our money, the taxpayers’ tion terms to many other victims of will the gentleman yield? money, to block our POWs, the sur- other countries, and they continue to Mr. WOLF. I yield to the gentleman vivors of the Bataan Death March, settle war claims by other nationals of from California. from going to court, what we are doing other countries. Unfortunately, to date Mr. ROHRABACHER. Mr. Chairman, is we are getting in the way of having our own State Department has asserted does the gentleman not believe it a judicial decision on those very issues. that our American POWs who were would be better to have those very ob- b 1730 held by the Japanese have no claim jections that he mentioned settled by a No, what we should be doing now is against the Japanese corporations who judge rather than settled in the bu- not abandoning the Bataan Death worked them as slave labor. reaucracy, with all the political pulls March survivors again. Our State Department has stood in that are on our bureaucracy? Let us remind ourselves that in the way of these American heroes, Mr. HYDE. Access to the courts is a World War II these men, and a few these POWs, in their struggle to obtain legal element. Sometimes there is women, yes, were abandoned by the justice by restricting their ability to standing, sometimes there is not. I United States Government on the Ba- go to court. They have a very restric- think that there is an issue here to be taan Peninsula. And when it was deter- tive reading of the peace treaty be- looked at. mined that they could not go back to tween the United States and Japan, There is some law here, law of trea- save them without risking further and are thus betraying our own POWs ties, but I have no problem with the American lives in a defeat, we aban- in order to protect Japanese corpora- court adjudicating these, because I doned them. And then after the war, tions from our POWs seeking legal re- want the people who are going into when they were finally freed from Jap- dress against them. court to be there under proper plead- anese captivity, our State Department It is, therefore, up to this Congress to ings, not just inhibit the motion by the abandoned them again. pass this bill and to force our State De- government. That does nothing. I do They need their day in court. That is partment to get out of the way and let not want to invite fraud, which I think where those determinations should be our POWs have their day in court. the gentleman’s amendment does. made. This is a balanced and fair response Mr. ROHRABACHER. If the gen- Mr. HYDE. Mr. Chairman, will the to the situation. Many of the compa- tleman will continue to yield, I would gentleman yield? nies, the Japanese companies in ques- say to the gentleman from Illinois, we Mr. ROHRABACHER. I yield to the tion, are household names in the obviously have a disagreement. gentleman from Illinois. United States. As an ethical and moral Mr. HYDE. Surely. Mr. Chairman, if The CHAIRMAN. The gentleman can- matter, they should have voluntarily the gentleman will yield further, I ad- not yield under a point of order.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.148 pfrm01 PsN: H18PT1 H4170 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Mr. HYDE. May I be heard on the Ms. SLAUGHTER. Mr. Chairman, I rise in rectly through legislation—namely, to tell the point of order? strong support of my colleague’s amendment, President how to ‘‘take Care that the laws [in The CHAIRMAN. The Chair will hear prohibiting the use of government funds to op- this case, the antitrust laws] be faithfully exe- the gentleman if he wishes to speak on pose civil actions brought by U.S. veterans cuted.’’ The Justice Department took this view the point of order. who were victims of Japanese forced or slave even though the legal question was simply Mr. HYDE. I wish to speak, if I may. labor during World War II. It is our responsi- one of statutory construction, i.e., the proper I agree with everything my friend bility to ensure that these veterans who served interpretation of a law wholly within said, except he wants them to have a in the Pacific Theater and then were victim- Congress’s legislative domain, because it also day in court, but he also does not want ized as prisoners of war in Japan can pursue implicated the Take Care Clause—a grant of the Government to be permitted to justice. power to the President directly under the Con- participate. The gentleman’s amend- Many of these soldiers survived the Bataan stitution, and not a grant of delegated legisla- ment says no motion denying this or Death March which required them to march tive authority. If accordingly represented an that; an open door to fraud. But the over 60 miles with little or no food or water. unconstitutional condition. gentleman cannot have a court hearing Hundreds of U.S. soldiers died of dehydration, This amendment appears to raise a still unless there are two parties. starvation, and worse on this march. When more serious constitutional question, because Mr. ROHRABACHER. The parties are they arrived in Japan, the American prisoners in addition to attempting to use the appropria- the corporations that worked them as of war were turned over to private Japanese tions power indirectly to control the executive slave laborers and our POWs. The companies to serve as slave laborers. Thou- branch’s interpretation of statutes pursuant to United States Government should not sands of soldiers perished laboring for these the Take Care Clause, it also attempts indi- be getting in the way. private companies. rectly to use the appropriations power to con- The CHAIRMAN. The gentleman will These American prisoners of war have been trol the President’s exercise of the Foreign Af- suspend. The Chair will endeavor to seeking an apology and adequate compensa- fairs Power—a power he also enjoys directly hear arguments on both sides and not a tion from the Japanese companies for the under the Constitution, and not by grant of colloquy between Members. hard labor and atrocities they were forced to delegated legislative authority. This is so be- Mr. ROHRABACHER. Yes, sir. endure during their time in the slave labor cause the executive branch’s position in such Mr. HYDE. The Chair is right. camps. I was appalled to learn that the U.S. litigation could rest directly on the President’s The CHAIRMAN. Does any further Government has opposed the veterans’ efforts foreign affairs power. Member wish to be heard on the point to recover compensation from the Japanese As a result, it would be better to pursue any of order? companies, instead of helping them resolve appropriate redress through direct executive- If not, the Chair is prepared to rule. their claims. branch negotiations with the Government of The gentleman from Virginia makes a This is especially tragic given the U.S.-Ger- Japan. point of order that the amendment of- man agreement signed on July 17, 2000, that Mr. Chairman, the Bush administration op- fered by the gentleman from California established the German Foundation, ‘‘Remem- poses this amendment. Moreover, Mr. Chair- proposes to change existing law, in vio- brance, Responsibility and the Future,’’ which man, there are several additional reasons to lation of clause 2(c) of rule XXI. is charged with resolving similar claims by ci- oppose this amendment, despite its noble pur- The amendment is in the form of a vilian slave laborers against German compa- pose of assisting former prisoners of war. limitation. The limitation is properly nies. Last month, these long-awaited com- These reasons are eloquently set forth in the confined to the funds in the pending pensation payments went out to some 10,000 following correspondence from the Honorable bill and to the fiscal year covered by Holocaust survivors who performed slave and George P. Schultz, former U.S. Secretary of the pending bill. The limitation pro- forced labor. State: poses a negative restriction on those Our veterans should not be denied their day JUNE 1, 2001. funds by objectively identifying a pur- in court. It would be unconscionable for our DEAR MR. CHAIRMAN: I am writing to you pose to which they may not be put. veterans, who fought for their country and per- to express my deep reservations about H.R. The Chair finds that the amendment formed slave labor under the most brutal of 1198—The Justice for the U.S. Prisoners of refrains from imposing new duties or conditions, to be further denied their right to War Act of 2001. I believe the passage of this requiring new determinations. It only act would be a direct challenge to the ability pursue the apology and compensation they of the United States to make and execute requires an interventor to take cog- have long deserved. I urge my colleagues to treaties. nizance of the action, all of which join me in supporting this amendment calling I express my opposition to the bill against would already be a matter of public attention to this egregious situation. the background of tremendous sympathy for record in the courts, in which he would Mr. COX. Mr. Chairman, I oppose the the problems of the United States’ citizens intervene. By simply denying funds for amendment. The effect of this amendment is who have in one way or another been a specified object, the amendment re- to abrogate our post-World War II agreement harmed, many severely, in the course of war and its sometimes dehumanizing impact. frains from legislative prescription. with Japan on reparations to U.S. citizens in- But the bill in question would have the ef- The Chair therefore holds that the jured by Japan during World War II. It would fect of voiding the bargain made and explic- amendment proposes a proper limita- bar the Justice Department and the State De- itly set out in the Treaty of Peace between tion. The point of order is overruled. partment from using appropriated funds ‘‘to file Japan, the United States and forty-seven The gentleman from California (Mr. a motion in any court opposing a civil action other countries. President Truman with the ROHRABACHER) is recognized for 30 sec- against any Japanese person or corporation advice and consent of the Senate ratified the onds on his amendment. for compensation or reparations in which the Treaty and it became effective April 28, 1952. Mr. ROHRABACHER. Mr. Chairman, plaintiff alleges that, as an American prisoner The Treaty has served us well in providing I would hope that my colleagues sup- the fundamental underpinning for the peace of war during World War II he or she was and prosperity we have seen, for the most port my amendment, and I am very used as slave or forced labor.’’ part, in the Asia Pacific region over the past grateful to the Chair for ruling it in Although U.S. POWs used as slave laborers half-century. order. deserve redress, this amendment may raise The treaty addresses squarely the issue of All we are suggesting is that the serious constitutional concerns. During the compensation for damages suffered at the money that we are appropriating here Reagan Administration, the Department of hands of the Japanese. Article 14 in the Trea- not be used to thwart the right of some Justice regularly advised Congress of its con- ty sets out the terms of Japanese payment of the greatest heroes in American his- stitutional concerns over the so-called Rud- ‘‘for the damage and suffering caused by it during the war.’’ The agreement provides: tory who were betrayed by their own man Amendment, a funding bar annually 1. a grant of authority to Allied powers to government during World War II. This added by Congress that purported to bar the seize Japanese property within their juris- will prevent our State Department President from spending appropriated funds to diction at the time of the Treaty’s effective from continuing their policy of thwart- advocate in court the view that the antitrust date; ing the legal suits by American POWs, laws did not bar vertical non-price restraints. 2. an obligation of Japan to assist in the the Bataan Death March survivors, The Justice Department believed that the Rud- rebuilding of territory occupied by Japanese forces during the war; and against the Japanese corporations that man Amendment represented an attempt to 3. waiver of all ‘‘other claims of the Allied worked them as slave laborers. accomplish indirectly through the appropria- Powers and their nationals arising out of I would ask all of my colleagues to tions power that Congress could not, con- any action taken by Japan and its nationals support my amendment. sistent with the Constitution, accomplish di- of the war.’’

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.151 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4171 The interests of Allied prisoners of war are I have visited Japan a number of times and of thousands of entrepreneurs each addressed in Article 16, which provides for I have been exposed to Hiroshima and Naga- year. A large percentage of Women’s transfer of Japanese assets in neutral or saki. Civilians there were caught up in the Business Centers clients are women enemy jurisdictions to the International Red war. I am sympathetic towards them. I have from low-income or disadvantaged Cross for distribution to former prisoners heard a lot of criticism of President Truman and their families. for dropping those bombs, but everyone on backgrounds who would be unable to H.R. 1198 challenges these undertakings that ship was convinced that President Tru- start their own businesses without the head on, as it says, ‘‘In any action in a Fed- man saved our lives. Yes, war is terrible, but assistance of a women’s business cen- eral court, .... the court .... shall not the Treaty brought it to an end. ter. These centers strengthen our econ- construe section 14 (b) of the Treaty of Peace The Bill would fundamentally abrogate a omy by creating businesses and jobs with Japan as constituting a waiver by the central provision of a fifty-year-old treaty, and by reaching out to new markets United States of claims by nationals of the reversing a long-standing foreign policy United States, including claims by members and new entrepreneurs. stance. The Treaty signed in San Francisco Last year, the House approved a bi- of the United States Armed Forces, so as to nearly fifty years ago and involving forty- preclude the pending action.’’ nine nations could unravel. A dangerous partisan amendment that I offered to I have read carefully an opinion of Judge legal precedent would be set. this bill, along with several other rep- Vaughn R. Walker of the U.S. District Court Once again I would say to you, where we resentatives, to increase funding for in California rendered on September 21, 2000, have veterans, especially veterans of combat this program from $9 million to $13 dealing with claims, many of a heart-rending who are not being adequately supported, we million. Earlier this year, I sent the nature. His reasoning and his citations are must step up to their problems without hesi- incisive and persuasive to me. He writes, chairman a letter signed by six of our tation. But let us not unravel confidence in ‘‘The cases implicate the uniquely federal in- colleagues requesting the fully author- the commitment of the United States to a terests of the United States to make peace ized $13.7 million for the SBA’s Wom- Treaty properly negotiated and solemnly and enter treaties with foreign nations. As ratified with the advice and consent of the en’s Business Centers program. the United States has argued as amicus cu- U.S. Senate. In large part, the gentleman has been riae, there cases carry potential to unsettle I submit this letter to you and other mem- responsive to our request by level-fund- half a century of diplomacy.’’ Just as Judge bers of the House of Representatives with my ing the Women’s Business Centers pro- Walker ruled against claims not compatible with the Treaty, I urge that Congress should deep respect for the wisdom of the congres- gram at $12 million. Funding for the take no action that would, in effect, abro- sional process, and for the vision embodied Women’s Business Centers program in gate the Treaty. in the past World War II policies that have the FY 2002 House Commerce, Justice, The chief negotiator of the Treaty on be- served our country and the world so well. State bill is $3 million more than it half of President Truman was the clear-eyed Sincerely yours, was at this point in our discussions in GEORGE P. SHULTZ. and tough-minded John Foster Dulles, who the FY 2001 bill, and I thank the gen- later became Secretary of State for Presi- The CHAIRMAN. The time of the tleman very much for that. Neverthe- dent Eisenhower. He and other giants from gentleman from California has expired. the post World War II period saw the folly of less, I feel passionately about this pro- The question is on the amendment gram, and I would like to work with what happened after World War I, when a offered by the gentleman from Cali- vindictive peace treaty, that called upon the the chairman through conference to defeated states to pay huge reparations, fornia (Mr. ROHRABACHER). further increase fiscal year 2002 fund- helped lead to World War II. They chose oth- Mr. COX. Mr. Chairman, I was seek- ing to the authorized level of $13.7 mil- erwise: to do everything possible to cause ing to be recognized on the amend- lion. Germany and Japan to become democratic ment. Mrs. MORELLA. Mr. Chairman, will partners and, as the Cold War with the So- The CHAIRMAN. There is no time on the gentleman yield? viet Union emerged, allies in that struggle. either side. Under the order of the As Judge Walker notes in his opinion, ‘‘the Mr. WOLF. I yield to the gentle- importance of a stable, democratic Japan as House, there is prescribed time on both woman from Maryland. a bulwark to communism in the region in- sides, and that time has expired. Mrs. MORELLA. Mr. Chairman, I rise creased.’’ He says, ‘‘that this policy was em- Mr. COX. I thank the Chairman. in support of the remarks of the gen- bodied in the Treaty is clear not only from The CHAIRMAN. The Chair will put tleman from Massachusetts regarding the negotiations history, but also from the the question again. the invaluable service of Women’s Senate Foreign Relations Committee report The question is on the amendment Business Centers and the need to fund recommending approval of the Treaty by the offered by the gentleman from Cali- Senate . . . and history has vindicated the the program at the authorized levels of wisdom of that bargain.’’ fornia (Mr. ROHRABACHER). $13.7 million. I served during World War II as a Marine in The question was taken; and the As of 1999, there were 9.1 million the Pacific. I took part in combat oper- Chairman announced that the noes ap- women-owned businesses in the United ations. I had friends—friends close to me— peared to have it. States, generating sales in excess of friendships derived from the closeness that Mr. ROHRABACHER. Mr. Chairman, $3.6 trillion and employing 27.5 million comes from taking part in combat together, I demand a recorded vote. workers. Furthermore, one in eight of killed practically beside me. I do not exag- The CHAIRMAN. Pursuant to clause gerate at all in saying that the people who these businesses is owned by a woman suffered the most are the ones who did not 6 of rule XVIII, further proceedings on of color, making women of color the make it at all. I have always supported the the amendment offered by the gen- fastest-growing segment of women- best of treatment for our veterans, especially tleman from California (Mr. ROHR- owned businesses. those who were involved in combat. If they ABACHER) will be postponed. In Maryland alone, there are now are not being adequately taken care of, we Mr. WOLF. Mr. Chairman, I move to over 193,000 women-owned businesses, should always be ready to do more. strike the last word. accounting for 40 percent of all the If you have fought in combat, you know the horrors of war and the destructive im- Mr. MCGOVERN. Mr. Chairman, will firms in the State of Maryland. In fact, pact it can have on decent people. You also the gentleman yield? my district, Montgomery County, know how fragile your own life is. I recall Mr. WOLF. I yield to the gentleman Maryland, is actually ranked the top being the senior Marine on a ship full of Ma- from Massachusetts. county for women business ownership rines on our way back from the Pacific The- Mr. MCGOVERN. I thank the chair- in Maryland. atre after three years overseas. We all knew man for yielding to me, and I rise to Unfortunately, even with this tre- that we would reassemble into assorted enter into a colloquy with the chair- mendous growth, women entrepreneurs forces for the invasion of the Japanese home man as well as with the gentlewoman islands. As Marines, we knew all about the still face barriers in the marketplace. bloody invasions of Tarawa, the Palaus, Oki- from Maryland (Mrs. MORELLA) with With the current rate of government nawa, Iwo Jima, and many other islands. So regard to funding for the Small Busi- contract procurement for women- we knew what the invasion of the Japanese ness Administration’s Women’s Busi- owned businesses at a mere 2.4 percent, home islands would be like. ness Centers program. there is an ever-growing need for Not long after we left port, an atomic Mr. Chairman, the SBA’s Women’s women-owned business assistance in bomb was dropped on Japan. None of us knew Business Centers provide valuable edu- every congressional district. what that was, but we sensed it must be im- portant since the event was newsworthy cation, training, consulting and access It was a great victory for women enough to get to our ships at sea. Then we to capital services to women entre- when the House was able to approve heard of a second one. Before our ship preneurs. There are 93 Women’s Busi- the bipartisan amendment that the reached the States, the war was over. ness Centers in 46 States serving tens gentleman from Massachusetts (Mr.

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.066 pfrm01 PsN: H18PT1 H4172 CONGRESSIONAL RECORD — HOUSE July 18, 2001 MCGOVERN) offered and that we cospon- State maritime academies receive the Mr. RYAN of Wisconsin. Mr. Chair- sored to increase funding for the Wom- support they deserve to fulfill their man, if the gentleman will continue to en’s Business Centers last year. It is an critical mission. yield, I think Liberia is probably a even greater victory, however, that the Mr. WOLF. Mr. Chairman, reclaiming poor example. But, nevertheless, to Committee on Appropriations today my time, I thank the gentleman for his promote an institution that promotes was able to recognize the need for the interest in this important maritime higher taxes worldwide rather than $3 million increase and fund it at that education program. lower taxes worldwide is an institution fiscal year 2001 level. The recommended funding level in that is probably not worthy of our sup- But even still, I share the concern of the bill assumes equal direct payments port. And I thank the chairman for en- the gentleman from Massachusetts of $200,000 to each of the six State acad- gaging in this dialogue. that without increased funding this emies. The remaining funds in the pro- AMENDMENT NO. 30 OFFERED BY MR. MORAN OF program may begin to stagnate. I gram are allocated based on enroll- VIRGINIA would like to work through conference ment in the Student Incentive Pro- Mr. MORAN of Virginia. Mr. Chair- with the gentleman from Massachu- gram, and on scheduled school ship man, I offer an amendment. setts (Mr. MCGOVERN), the gentleman maintenance and repair. The CHAIRMAN pro tempore (Mr. from Virginia (Mr. WOLF), and many of We look forward to working with the LATOURETTE). The Clerk will designate our colleagues on both sides of the gentleman to ensure that this addi- the amendment. aisle to search for additional funding tional funding is allocated in an equi- The text of the amendment is as fol- for the Women’s Business Centers. table fashion. lows: Mr. WOLF. Mr. Chairman, reclaiming Mr. WOLF. Mr. Chairman, I move to Amendment No. 30 offered by Mr. my time, I just wish to say that I agree strike the last word. MORAN of Virginia: with the gentlewoman that the Wom- Mr. RYAN of Wisconsin. Mr. Chair- At the end of the bill (preceding the short en’s Business Center Program is valu- man, will the gentleman yield? title), insert the following: able, and I appreciate the gentle- Mr. WOLF. I yield to the gentleman TITLE VIII—ADDITIONAL GENERAL woman’s acknowledgment that we were from Wisconsin. PROVISIONS able to, in large part, respond to her Mr. RYAN of Wisconsin. Mr. Chair- SEC. 801. None of the funds made available funding request. man, I would like to express my con- in this Act may be used to destroy any We would be happy to work with the cerns about the Organization for Eco- record of the national instant criminal back- gentlewoman and the gentleman from nomic Cooperation and Development. ground check system established under sec- This group has recently begun pro- tion 103 of the Brady Handgun Violence Pre- Massachusetts (Mr. MCGOVERN) and vention Act, within 90 days after the date others to see if we can identify addi- moting tax harmonization among na- the record is created. tions. The OECD believes developing tional resources for the program. The CHAIRMAN pro tempore. Pursu- nations, like Liberia or Grenada, Mrs. MORELLA. We appreciate that ant to the order of the House of today, should not be allowed to set their own very much, Mr. Chairman. the gentleman from Virginia (Mr. Mr. WOLF. Mr. Chairman, I move to tax rates to attract needed capital to MORAN) and a Member opposed each their economies. Instead, the OECD strike the last word. will control 10 minutes. says that nations should adopt all Mr. STUPAK. Mr. Chairman, will the The Chair recognizes the gentleman gentleman yield? higher tax rates more among the lines from Virginia (Mr. MORAN). Mr. WOLF. I yield to the gentleman of those in Europe. This is unfair to the Mr. MORAN of Virginia. Mr. Chair- from Michigan. nations who need foreign capital to man, I yield myself such time as I may Mr. STUPAK. Mr. Chairman, I thank promote economic growth, and it also consume. the gentleman from Virginia (Mr. goes against the free market concept This is an amendment which incor- WOLF) for yielding to me, and I would that tax competition keeps taxes lower porates what the gentlewoman from like to engage in a short dialogue with worldwide. New York (Mrs. MCCARTHY) has pre- the subcommittee chairman. As the chairman knows, the United viously offered in freestanding legisla- First, let me thank the sub- States contributions to the OECD, tion. For the last 3 years, the FBI has committee chairman and ranking which are distributed through the kept records of the National Instant member, the gentleman from New York State Department, constitutes roughly Criminal Background Check System (Mr. SERRANO), as well as the entire 25 percent of its budget. I do not think for 6 months. Last month, the FBI re- subcommittee and the full committee, that our tax dollars should be used to duced this retention period to 90 days. for their work on this bill. It is a good promote an idea so contrary to the What this amendment would do is to bill. kinds of policies that have historically simply keep that 90-day retention pe- However, I would like to talk about made our economy so strong. I think riod in place for the length of this ap- the Maritime Administration funding we should be ready to reconsider future propriations period. for the six State maritime training funding of the OECD if they continue academies. The funding for all six with their support of tax harmoni- b 1745 schools in this year’s bill is roughly zation. Last year the NRA sued the Justice the same as last year. Great Lakes Mr. WOLF. Mr. Chairman, reclaiming Department to destroy the records im- Maritime Academy in Traverse City, my time, I thank the gentleman for mediately. The Justice Department of Michigan, is the only one of the six sharing his concerns about the OECD Attorney General Ashcroft argued be- State schools that trains marine pilots and its policies on tax harmonization. I fore the Appeals Court and the Su- as well as deck and engine officers. can assure the gentleman that we will preme Court that it was necessary to As the gentleman from the coastal keep an eye on the situation and will retain these records for a reasonable State of Virginia is well aware, our Na- be happy to work further with the gen- period of time to ensure that the infor- tion is dependent upon waterborne tleman as our process moves forward. mation provided by the system is accu- commerce. Great Lakes shipping is I just might say, though, that any rate and that people are not providing vital to our country’s industrial econ- hope of dealing with a country like Li- false information in order to evade the omy. I believe that each of these State beria is almost hopeless. Charles Tay- law. academies should receive a minimum lor is abandoned. They are cutting off Based on that argument, the Su- of $500,000 for their base funding. I the arms of individuals. It is the con- preme Court upheld the lower court de- would like to know whether the chair- flict diamond. We were there with the cision that the retention by the De- man will support conference language gentleman from Ohio (Mr. HALL) a year partment of Justice represented a per- that would direct a minimum alloca- ago December. missible construction of the require- tion of at least $500,000 to each State So, frankly, until Charles Taylor is ment to establish a system for pre- maritime academy. removed from that government, I am venting disqualified persons from pur- I appreciate the chairman’s interest not hopeful that anything good will chasing firearms. in this matter, and I look forward to happen. But with that, I will be glad to Now, the reason for this amendment working together to ensure that all the work with the gentleman. is that 3 days after the Supreme Court

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.154 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4173 decision said this was the appropriate ing, as I promised, to look at the NICS be. I get very nervous when the FBI re- thing to do, Attorney General Ashcroft system and hear from the professionals tains weapons and/or other material. I decided that they should be destroyed about its ability to ensure quality con- understand they lost 100 computers. within 1 day. That seems to run trol within a 24-hour period for back- They mislaid a number of weapons, and counter to the Justice Department’s ground checks. one of those weapons was used in a own argument. I understand that the career staffer murder. The longer they retain In fact, the Criminal Background who has extensive experience with the records, the more chance there is for Check Systems Operation Report, system indicated that the FBI can per- abuse. which was issued in April of this year, form the quality control within 24 Most of the people, the majority of shows that over 5,000 people were able hours. That is a fact. In fact, they say the people, a vast majority of the peo- to slip through the NICS system last it is better to do the quality assurance ple that work for the Department of year alone. They received an approval immediately rather than wait a few Justice and the FBI are qualified, high- which allowed them to purchase a gun days or weeks or up to 90 days because ly competent people. But the longer we that they legally should not have had. if the system is not working right, retain any kind of records about any of So the system is not perfect. To lower then you want to know immediately as these things, the more mischief it can the time frame now seems at best un- the sale of the gun is approved. cause. necessary and, at worst, represents an It is important to note that the Mr. Chairman, I am an advocate of attempt to frustrate the purpose of the records that are kept now for 90 days privacy; and the government has act. are on approved gun sales. However, enough records. I would urge Members Even more troubling is that this year what the NICS system does not tell us to vote against the Moran amendment the Department of Justice published a is if the gun was sold. This information because I believe it does not improve rule in which they cited the fact that resides with the gun dealer, not the the privacy system. As a matter of their own criminal justice advisory FBI. fact, it is detrimental to the privacy panel recommended increasing the re- The FBI keeps records indefinitely on system. I appreciate what the gen- tention period to 1 year. This amend- people who were denied the ability to tleman is trying to do, but I am very ment would only allow the 90 days. buy the gun because of a felony record, nervous when the government main- The amendment seeks to prohibit the mental deficiencies or spousal abuse. tains records for any period of time. FBI from destroying records that they We want to strike the right balance Mr. Chairman, I think we ought to say are necessary to be kept. So we do between protecting the privacy of peo- wait and see how it is working. If it is not think that this is any kind of rad- ple and ensuring that law enforcement not working, maybe we ought to make ical amendment. It allows for quality has adequate time to review and audit a change. But I feel very strongly control audits. It makes sure that the the information collected to make sure about it, and I urge Members to vote straw buyers, the bad apple dealers, are the system is working properly. against the Moran amendment. identified. Potential handgun pur- The Moran amendment is unneces- Mr. MORAN of Virginia. Mr. Chair- chasers or gun dealers who have stolen sary. It is not needed, it is clear, after man, I yield 30 seconds to the gentle- an identity in order evade the back- talking and listening to the career pro- woman from New York (Mrs. MCCAR- ground check system can be caught. In fessionals at the FBI. Also, the amend- THY). other words, purchases for unauthor- ment is highly controversial and not Mrs. MCCARTHY of New York. Mr. ized purposes would be denied through an issue that, quite frankly, we should Chairman, in response to the gen- this audit. That is why we think it is be dealing with on the appropriations tleman from Pennsylvania, number important. bill. one, there are no names on the reten- Mr. Chairman, I will retain the bal- Mr. Chairman, I urge Members on all tions. Only where the person buys the ance of my time. sides to defeat this unneeded amend- gun are the records maintained. When The CHAIRMAN. Does the gentleman ment. it goes into the NICS system, that is from Virginia (Mr. WOLF) claim the Mr. Chairman, I reserve the balance the backup for making sure that people time in opposition? of my time. are not using the system wrongly. Mr. WOLF. Mr. Chairman, I claim Mr. MORAN of Virginia. Mr. Chair- So, again, we come up to this debate, the time in opposition. man, I yield 30 seconds to myself to re- and this is not what the debate should The CHAIRMAN. The gentleman spond to the gentleman. be about. The debate should be that we from Virginia is recognized for 10 min- Mr. Chairman, it was career civil have to make sure that criminals, utes. servants in the Justice Department which certainly we know can use an in- Mr. WOLF. Mr. Chairman, I yield that argued successfully before the Su- stant and positive check, can use false myself such time as I may consume. preme Court that this retention period identification and buy guns throughout Mr. Chairman, I rise in opposition to was necessary to be retained. When we this country. this amendment by the gentleman asked with regard to the 90 days, they Mr. WOLF. Mr. Chairman, I yield 2 from Virginia (Mr. MORAN). found that it would do no harm whatso- minutes to the gentleman from Geor- After the gentleman from Virginia ever. In fact, when we looked at the in- gia (Mr. BARR). raised concerns last week at the com- formation that was prepared for the Mr. BARR of Georgia. Mr. Chairman, mittee level about the FBI system for notice of proposed rulemaking, they earlier this week and last week I spent gun purchase background check infor- said the only reason not to have 180 a little bit of time at the United Na- mation, I set up a meeting for him and days was basically that gun-interest tions in New York. They are involved the FBI to discuss the issue. groups would object politically. The in a conference on arms control, not The FBI acting director, a career Justice Department’s Criminal Justice global arms control, not military arm civil servant, not a political appointee, Advisory Board in fact recommended controls, but arms control of the vari- a career civil servant and a career FBI one full year’s retention of these ety that the gentleman from Virginia employee who works with the NICS records. (Mr. MORAN) is referring to; that is, the program from the FBI call center in Mr. Chairman, I reserve the balance control of lawful firearms in this coun- West Virginia travelled to answer ques- of my time. try. tions. In fact, we specifically had the Mr. WOLF. Mr. Chairman, I yield 2 Mr. Chairman, the fact of the matter people that work on this program drive minutes to the gentleman from Penn- is that U.S. law prohibits this by its ex- in from West Virginia to sit down and sylvania (Mr. MURTHA). plicit terms, as well as the intent of at we said, give us all of the answers. Mr. MURTHA. Mr. Chairman, I am least two acts of Congress signed by at I believe that all the answers were concerned that the gentleman from least two Presidents. The Congress and met and the concerns were put to rest. Virginia (Mr. MORAN) is getting into an the people of this country have spoken I want my colleagues to know that the area that has always caused a con- out that we do not want and we will Office of the Attorney General was not troversy in the Congress. I thought we not allow the Federal Government to at the meeting. No political appointees spoke clearly a few years ago when we retain and maintain, manipulate and were at the meeting. This was a meet- said 24 hours is what the check should utilize a system of keeping track of

VerDate 19-JUL-2001 04:33 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.194 pfrm01 PsN: H18PT1 H4174 CONGRESSIONAL RECORD — HOUSE July 18, 2001 law-abiding citizens who possess, pur- Mr. Chairman, we know that short- ernment. Criminal purchasers, they are chase or transfer a lawful firearm in term retention of gun purchase records already on a list because they are pros- this country. enables law enforcement to identify ecuted. This is about the privacy rights As a matter of fact, one of the first multiple cases of unauthorized or ille- of honest, law-abiding citizens. acts that he engaged in as attorney gal use of the NICS system. We also Oppose the Moran amendment. general, Mr. Ashcroft said we need to know that 1 percent of bad dealers are Mr. MORAN of Virginia. Mr. Chair- look at this. We have had abuses in the the source of 50 percent of the Nation’s man, I yield myself 10 seconds just to past. He has done the right thing. He gun traces. remind my very good friend from West has come forward and said to the When ATF conducted a specific audit Virginia that these records do not re- American people and to this Congress, of the NICS system by dealers in New tain any names, and so privacy is scru- and the FBI has backed him up, there Orleans, it found 12 of 17 of those deal- pulously maintained. is no need to retain records on citizens ers either abused or misused the NICS Mr. Chairman, I yield 11⁄2 minutes to who are not disabled from or otherwise system. Some guns were sold to felons, the gentleman from California (Mr. prohibited from purchasing or pos- while another dealer permitted a back- WAXMAN). sessing a firearm. There is no need for ground check to be run on a family Mr. WAXMAN. I thank the gen- the government, once the government member not involved in the gun pur- tleman very much for yielding me this has determined through the instant, I chase. time. repeat, instant, background check that Yes, the Justice Department has re- Mr. Chairman, it is important to that person is a legitimate person to cently proposed to reduce the current have the background check system possess a firearm or purchase a fire- period allowed to retain gun purchase function efficiently, and to do that we arm, there is no reason whatsoever for records for 24 hours. I find this com- need to preserve records so that law en- the government to retain those pletely illogical. In January of this forcement officials can investigate cor- records. It is prohibited by existing year, the FBI advisory board actually rupt dealers who traffic guns illegally law, and the gentleman is trying to re- recommended increasing the tem- and sell firearms off the books. It also open this wound even though there was porary retention of these records from assists authorities to track down straw testimony before his committee and 6 months to 1 year. Yet 6 months later purchasers who buy guns illegally for his subcommittee by the FBI that this the Department of Justice is proposing felons, fugitives, children and others. is not necessary. to reduce the time period to 24 hours. Preserving these records also helps in The gentleman ought to take his con- What is equally disturbing is that the the fight against criminals who buy cern to the United Nations. They are courts have sided with the Department guns with fake IDs. The General Ac- very concerned and are moving in this of Justice’s need to retain these counting Office went undercover in five direction, but we ought not to in the records. States and they demonstrated how United States of America. easy it is to use fake IDs to obtain fire- 1800 Mr. MORAN of Virginia. Mr. Chair- b arms. The conclusion was that al- man, I yield 3 minutes to the gentle- The NRA sued the Federal Govern- though there are few ways to detect woman from New York (Mrs. MCCAR- ment in a case that was recently de- fake IDs, one option is for police to THY), who has fought this issue for nied by the Supreme Court, arguing monitor criminal background check many years and has personal experi- that Federal law enforcement officers records. The Attorney General now ence that we should all listen to. had no right to detain purchase records wants to eliminate even this limited Mrs. MCCARTHY of New York. Mr. in the NICS system. The Justice De- but valuable tool. Chairman, I thank the chairman and partment argued against the NRA in The Attorney General’s proposal I distinguished ranking member for in- this lawsuit and they won. In their think is a horrible mistake for public cluding language in this bill for a child legal briefs, they actually argued that safety. It will seriously jeopardize le- safety lock measure that also recog- keeping records for a reasonable time gitimate law enforcement activities. It nizes that we need standards on these after purchase helps in numerous ways. does not make law enforcement easier. locks. I think it is extremely impor- This is not a gun debate. This is a It does not help cops on the street. It tant that Congress start to listen to safety debate again, so felons and does not increase deterrence. And it the American people. criminals cannot get their guns. does not provide police any additional However, while this body takes a Mr. WOLF. Mr. Chairman, I yield 2 resources in their fight. It seems to be positive step in reducing senseless acts minutes to the gentleman from West nothing more than an outright gift to of gun violence, the Department of Jus- Virginia (Mr. MOLLOHAN). the gun lobby. That is why I support tice takes two steps back by proposing Mr. MOLLOHAN. I thank the gen- the Moran-McCarthy-Waxman amend- regulations that tie the hands of law tleman for yielding me this time. ment to this bill. I think it is an im- enforcement officials. That is why I ex- Mr. Chairman, I rise in opposition to portant one if we are going to have the press my strong support for this the gentleman from Virginia’s amend- integrity preserved of the original amendment. ment because it undermines one of the Brady Act. While the Brady Act passed, its in- most important principles underlying Mr. WOLF. Mr. Chairman, I yield 30 tent was to keep guns out of the hands and underpinning Brady, and that is seconds to the gentleman from Indiana of criminals. It has done an out- the protection of gun purchasers’ pri- (Mr. KERNS). standing job with that. vacy rights. Mr. KERNS. I thank the gentleman Congress relied on the Department of Mr. Chairman, everyone supports the for yielding me this time. Justice and the FBI to operate a na- purpose of the Brady Act, instant Mr. Chairman, the Moran amend- tional instant check system which check. But the act itself did not con- ment would keep records of law-abid- screens buyers for criminal activity be- template and specifically prohibit re- ing citizens for 90 days. I understand fore they are allowed to obtain a fire- tention of records. that records of felons and others that arm. As part of this system, the De- May I read from it. It says that no of- are not allowed to buy guns are kept partment of Justice has retained the ficer of the United States Government indefinitely. While I believe that we gun purchase records for 120 days in could require, and I quote, ‘‘that any should enforce existing gun laws and order to perform audits and identify record or portion thereof generated by prosecute criminals who violate these potential violations of the national gun the system established under this sec- laws, we also must protect the rights of laws. This retention period has re- tion be recorded at or transferred to a law-abiding gun owners. I believe that cently been reduced to 90 days. Eventu- facility owned, managed or controlled once a firearm purchase is approved, ally, it should be reduced to 40 days. by the United States.’’ the Federal Government should de- Eventually, we will see the day when We specifically talked to the prin- stroy personal identification records we can get rid of all of these checks but ciple of protecting gun owners’ privacy that have been collected in connection not until the States have the full rights. Legitimate purchasers, instant with background checks. records that they need to get the infor- check, get their guns, should not be on While I was prepared to offer two mation out there. a list kept by the United States Gov- amendments today, I will not do so at

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.161 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4175 this time, but I urge my colleagues to ing about law-abiding gun owners The CHAIRMAN pro tempore. Pursu- vote against the Moran amendment. whose purchase was approved. Those ant to the order of the House of today, The CHAIRMAN pro tempore (Mr. records should be destroyed imme- the gentleman from Texas (Mr. PAUL) LATOURETTE). Each side has 1 minute diately. and the gentleman from Virginia (Mr. remaining, and the gentleman from Please vote against the Moran WOLF) each will control 10 minutes. Virginia (Mr. WOLF) has the right to amendment. The Chair recognizes the gentleman close. Mr. BUYER. Mr. Chairman, I rise in opposi- from Texas (Mr. PAUL). Mr. WOLF. Mr. Chairman, I yield 30 tion to the Moran amendment. Mr. PAUL. Mr. Chairman, I yield my- seconds to the gentleman from Idaho I support an instant check system for the self such time as I may consume. (Mr. OTTER). purchase of a firearm. But instant should Let me just read the amendment be- Mr. OTTER. Mr. Chairman, we would mean instant. Legal purchasers of firearms cause it is just three lines. It says, not entertain in this body for 5 seconds should not have their names and addresses ‘‘None of the funds appropriated in this the idea of suspending any other con- floating around in some government computer. act may be used for any United States stitutionally protected right in this The Attorney General has underway efforts contribution to the United Nations or country. Yet we seem to advise our- to make improvements in the National Instant any affiliated agency of the United Na- selves constantly that the second Check System. The check system is only as tions.’’ It would defund the United Na- amendment does not deserve the same good as the records it contains. The Attorney tions. It would take away the dues that protection from this body as freedom of General is seeking to make the records in the we pay the United Nations as well as speech or freedom of assembly or free- system more complete and to increase the re- the amount of money that we are pay- dom to practice whatever religion we sponse level of the system. The Attorney Gen- ing to pay our back dues. would. eral is directing the Justice Department to con- I think this is an appropriate time to Why do we not take and spend some duct a comprehensive, state-by-state review of discuss the reasonableness for our sup- time, spend our limited talents, our missing or incomplete criminal history records, port for the United Nations. The gov- limited resources and our constitu- including adjudication records of cases of ernment of the United States has con- tional mandate to protect the peaceful mental illness and domestic violence. This is tinued to grow as our state sovereignty citizens of this country and to punish appropriate. has gotten much smaller, but now we the bad ones instead of the other way The Attorney General has also pledged to are losing a lot of sovereignty to an around? increase the enforcement of the law for those international government which is the Mr. MORAN of Virginia. Mr. Chair- who falsify information in order to obtain a fire- United Nations. Just recently, the man, I yield myself the balance of my arm. From 1994 through June 5th of this year, United States was humiliated by being time. the FBI referred 217,000 attempted illegal gun voted off by secret ballot from the U.N. In the first place, the Court has clari- purchases for investigation. Of these only 294 Human Rights Commission and Sudan fied time and again the interpretation people have been convicted. I applaud the At- was appointed in our place. How could of the second amendment, and it is for torney General’s pledge to enforce our gun anything be more humiliating. So de- mocracy ruled, our vote counted as the purpose of a well-regulated militia. laws aggressively. one, the same value as the vote of Red Chief Justice Warren Burger is a good But law abiding firearms purchasers should China or Sudan. But the whole notion person to consult on that. He was a gun also be convinced of the background check that we would be put off the Human collector himself, and he made that un- system’s integrity. Once a legal purchaser has Rights Commission and Sudan, where questionably clear. cleared the instant check system, that should there is a practice of slavery, is put on We are not talking about compro- be the end of it. The Attorney General seeks the Human Rights Commission should mising in any way the Constitution. improvements in the system so that the be an insult to all of us. What we are talking about is the abil- records of lawful approved gun purchases will be kept until the next business day after the In committee, we dealt with this ity of law enforcement to carry out its problem and we said, ‘‘Well, if the U.N. transfer is approved to allow for real-time au- responsibilities. Currently a 90-day re- straightens up, then we’ll pay our dues dits to ensure the accuracy and integrity of the tention period is maintained so that this year; but maybe we’ll withhold our results, a standard recommended by the com- you can audit the system, so that you dues next year.’’ That is very, very puter industry. can weed out those who are using straw weak; and it does not show any intent purchases, so that you can identify The Moran amendment seeks to reverse the improvements the Attorney General is seeking or show any rejection of what is going people that are not supposed to be get- on in the United Nations. ting a gun, and to determine whether, to make. Oppose the Moran amendment. The CHAIRMAN pro tempore. The It was mentioned earlier in debate on in fact, the system is working. The FBI the gun issue that the U.N. is currently will tell you that privacy is scru- question is on the amendment offered by the gentleman from Virginia (Mr. meeting up in New York dealing with pulously maintained. They are not the gun issue. There have been explicit MORAN). keeping the names. There is no way proposals made at the United Nations that people’s privacy is going to be vio- The question was taken; and the Chairman pro tempore announced that to have worldwide gun control. No, lated. But if we do not have a reason- they are not taking guns away from able retention period, this system is the noes appeared to have it. Mr. MORAN of Virginia. Mr. Chair- the government. They are taking guns not going to work and we will go back man, I demand a recorded vote. away from civilians. to a waiting period. Maybe that is for The CHAIRMAN pro tempore. Pursu- If anybody understands our history, the best. ant to clause 6 of rule XVIII, further they will know that taking guns from Mr. WOLF. Mr. Chairman, I yield proceedings on the amendment offered civilians is exactly opposite of what such time as he may consume to the by the gentleman from Virginia (Mr. the Founders intended. In a nation like gentleman from Indiana (Mr. BUYER). Afghanistan, they were able to defend MORAN) will be postponed. (Mr. BUYER asked and was given the invasion of the Soviet Union be- AMENDMENT NO. 6 OFFERED BY MR. PAUL permission to revise and extend his re- cause individuals had guns. Likewise, Mr. PAUL. Mr. Chairman, I offer an marks.) when the Nazis were murdering the Mr. BUYER. Mr. Chairman, I rise in amendment. The CHAIRMAN pro tempore. The Jews, the Jews had been denied the opposition to the Moran amendment. Clerk will designate the amendment. right to own guns. Now we are talking Mr. WOLF. Mr. Chairman, I yield the The text of the amendment is as fol- about the United Nations having inter- balance of my time to the gentleman lows: national gun laws. There have been from Virginia (Mr. GOODE). proposals made for an international Amendment No. 6 offered by Mr. PAUL: Mr. GOODE. Mr. Chairman, I hope it Page 108, after line 22, insert the following: tax on all financial transactions. Yes, will be the pleasure of this body to TITLE VIII—ADDITIONAL GENERAL it is true, it has not been passed, but overwhelmingly reject the Moran PROVISIONS these are the plans that have been laid amendment. I heartily disagree with SEC. 801. None of the funds appropriated in and they are continued to be discussed his assessment that law enforcement this Act may be used for any United States and they are moving in that direction. personnel need a 90-day rule to carry contribution to the United Nations or any Today we have international govern- out their responsibilities. We are talk- affiliated agency of the United Nations. ment that manages trade through the

VerDate 19-JUL-2001 05:38 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.163 pfrm01 PsN: H18PT1 H4176 CONGRESSIONAL RECORD — HOUSE July 18, 2001 WTO. We have international govern- criminal, and Milosevic is a war crimi- rorism, because of our intrusion into ment that manages all international fi- nal. So, without this, there would be no these areas, pretending that we always nancial transactions through the IMF. way to deal with it. know best and that we will trample the We have an international government Secondly, I have been in Sudan and law because it serves our self-interests. that manages welfare through the Southern Sudan four times, the last But I believe our national security and World Bank. Do these institutions real- time in January of this year. Whether our interests are not best served in this ly help the poor people of the world? you like it or not, the World Food Pro- manner. This policy is very dangerous. Hardly. They help the people who con- gram is feeding the people of Sudan. As Likewise, we have had many exam- trol the hands of power in these inter- many people know, there have been 2.2 ples of U.N. intervention. Rwanda, can national institutions and generally million Christians who have been we be proud of that? Can we be proud of they help the very wealthy, the bank- killed in Sudan by the Khartoum Gov- what the U.N. and what our troops had ers, and the international corporations. ernment, and if the World Food Pro- to go through with the humiliation in It was said the United Nations may gram was not sending food in there, Mogadishu in Somalia? I mean, this have been set up to help preserve peace and Andrew Natsios and Roger Winter was horrible, what happened there. So and help poor people, but it just does from the State Department are in good intentions will not suffice. Just not happen. The poor pay the taxes and Sudan as we now speak, this would just because there are good intentions, it the international corporations gain the devastate that whole operation. does not mean that good will come of benefit. I understand what the gentleman it. The U.S. has taken a very strong po- said with regard to the vote. We have There is an alternative to a single sition against endorsing the Inter- language on page 112 of the report that world government, and that is indi- national Criminal Court. The argument says, ‘‘The committee is deeply con- vidual governments willing to get is legitimate. It says that, oh, someday cerned by the secret ballot of the U.N. along; open and free trade as much as the International Criminal Court may Member nations to keep the United possible, free travel, people having a arrest Americans because it just may States off the U.N. Human Rights Com- unified free market currency where we be that Americans may pursue illegal mission. The exit of the United States do not have currency devaluations and acts of war, like bombing other coun- and the election at the same time of poverty throughout the world. There is tries and killing innocent people. the government of Sudan,’’ the bar- a lot that can be done with freedom, No, we do not want the international baric government of Sudan, which is rather than always depending, whether court to apply to us, but it is okay sponsoring state-sponsored terrorism, it is here in the United States or at the with our money, our prestige and our slavery and has been responsible for international level, on more govern- pressure to endorse the International the death of 2.2 million people, ‘‘effec- ment. Criminal Tribunal for Yugoslavia, so tively cancels the ability of the United Mr. SERRANO. Mr. Chairman, I that we can go in there and arrest the Nations to speak out or act with credi- move to strike the last word. leaders that we have decided were the bility on this issue.’’ Mr. Chairman, I rise in opposition to bad guys and leave the good guys We have been very, very forthright the Paul amendment to prohibit fund- alone, as if there were not bad guys on with regard to that. But the U.N. has ing for U.S. contributions. In my opin- both sides in Yugoslavia. been responsible for calls with regard ion, this would be not in the national But this presumption on our part to getting its financial house in order. interests of our country. With the sup- that we can control the United Nations In the Book of Luke, in the New Tes- port of the U.S., the U.N. and its agen- and arrest only those individuals that tament, it says to whom much is given, cies contribute dramatically in pro- we do not like and allow the other ones much is required. The King James moting international peace and secu- to go free and that this will never version says ‘‘required.’’ For us not to rity, nonproliferation, nuclear safety apply to us, I think we are missing the be helping the starving people of Sudan guards, human rights, reduction of point and it is a dangerous trend. Be- through the U.N., the World Food Pro- health problems, humanitarian assist- cause you say, well, yes, we are power- gram, I think it would not be good for ance, cooperation against international ful, we have the money and we have this country. crime and sustainable development. In the weapons and we can dictate to the This country has been blessed. We addition, the U.N. is leading the fight United Nations. They will not arrest us have been blessed because the Amer- against HIV–AIDS. or play havoc with us. Yet at the same ican people are good and decent and The U.S. contribution to the U.N. and time we have already recognized that honest and caring; and for us not to be its affiliated agencies allows the the U.N. Human Rights Commission participating to help to feed those in United States to support these many which was voted on by a democratic the South, particularly those who are important efforts without bearing the vote kicked us in the face and kicked Christian and Animists, who are being burden ourselves. The U.N. and its af- us off. persecuted by the Khartoum Govern- filiated agencies have been responsive I think this is a time to think very ment, frankly would just have us walk- to our calls to incorporate financial seriously about whether this is wise to ing away. and other reforms into their overall continue the funding of the United Na- So I think this is a bad, bad amend- management practices, and we are con- tions. I think that a statement ought ment. I understand what the gen- tinuing to press for even further im- to be made. We should say, and the tleman is trying to get to. It is a bad, provements. American people, I think, agree over- bad amendment; and I urge a no vote At the urging of the U.S., the U.N. whelmingly that it is about time that by Members on both sides of the aisle. has streamlined its bureaucracy and we quit policing the world and paying Mr. Chairman, I reserve the balance cut waste from its budget. The Sec- the bills at the United Nations way out of my time. retary General has been leading the of proportion to our representation and Mr. PAUL. Mr. Chairman, I yield my- fight and the U.N. has chartered a path at the same time being humiliated by self such time as I may consume. of reform which has included the reduc- being kicked off these commissions by Mr. Chairman, I would like to point tion of over 1,000 positions and mainte- majority vote. out that the case of Milosevic is a case nance of a no-growth budget, not even that will come back to haunt us for to keep up with inflation for 8 years. b 1815 two reasons: one, we are setting a The U.S. should recognize these Mr. Chairman, I reserve the balance precedent. This has never happened be- achievements by paying our full share. of my time. fore. He was democratically elected in The administration has been working Mr. WOLF. Mr. Chairman, I yield a country and democratically disposed. hard to achieve the benchmarks con- myself such time as I may consume. The country there was willing to pros- tained in the Helms-Biden arrears au- Mr. Chairman, I rise in opposition to ecute him. thorization. It would be a tremendous the gentleman’s amendment. I was in The second part is that this stirs up setback to incur new arrears, just as Kosovo and in Albania during this case; tremendous anti-American sentiment. we are working effectively with various and I will tell you, Mladic is a war This is the reason why we are the U.S. organizations to allow us to pay criminal, and Karadzic, he is a war greatest target in the world for ter- those we already owe.

VerDate 19-JUL-2001 05:38 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.167 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4177 Now, I recognize, Mr. Chairman, that taxation and government guns and lot of times we pay up front and pay in on this House floor on many occasions war; or whether you do this through advance, and we do not get reimbursed. people rise up with great anger towards demonstration by setting examples, Then we hear a lot of complaints when the U.N. and what they perceive to be setting the right tone in trade, setting we do not pay our dues. this fear of creating a separate world the right tone in sound currencies, and But back to what I said earlier, I just government that will somehow rule the sending our missionaries abroad. think the approach of using a United whole world. But it has not worked in the past, it Nations standing army, which is what The U.N. is far from that. But it is a will not work in the future, and, be- we are getting closer to, to go around group that works together to bring sides, all the good intentions backfire and police the world in areas that we peace and to try to bring harmony and it turns hostility towards us, even do not have justification based only on throughout the world. There is a lot with the goal of trying to spread our our national security, I see this money that needs to be done throughout this values across the world. It cannot be as being dangerously used and it in- world, and the U.N. plays a major role; done by force. It has to be done by vites trouble for us. and therefore we should play a major other means. It is not beyond comprehension that role. Mr. Chairman, I yield back the bal- one day in the not-too-distant future So, to pull out, which is basically ance of my time. that we may be in a much hotter war what this does, would be a terrible mis- The CHAIRMAN pro tempore. The in the Yugoslovia area. Things are not take; and I would hope that we defeat question is on the amendment offered very peaceful in Macedonia, and they this amendment. by the gentleman from Texas (Mr. are actually demonstrating against Mr. WOLF. Mr. Chairman, I yield PAUL). Americans in Macedonia. The same myself such time as I may consume. The question was taken; and the people that we supported in Kosovo, Mr. Chairman, I am just going to Chairman announced that the noes ap- the KLA, now they have changed their end, I will not take the whole time, but peared to have it. name and they are the radical Alba- there is so much going on in my mind. Mr. PAUL. Mr. Chairman, I demand a nians playing havoc in Macedonia. And I kind of want to just say, America is recorded vote. it is with our money. a different country. We value the fun- The CHAIRMAN. Pursuant to clause And what do we do? We ask the damental values that were in the Dec- 6 of rule XVIII, further proceedings on American people to cough up. We tax laration of Independence: ‘‘We hold the amendment offered by the gen- them. We go over, and for 78 days, with these truths to be self-evident, all men tleman from Texas (Mr. PAUL) will be the claim that we are bringing peace to are created equal.’’ Those words are postponed. the area, for 78 days we bombed that known around the world. AMENDMENT NO. 7 OFFERED BY MR. PAUL area, and now we are asking the Amer- The fact that America has been in- Mr. PAUL. Mr. Chairman, I offer an ican people to rebuild it. So first we volved, when Ronald Reagan gave the amendment. tax them to bomb and destroy then we speech in Orlando, where he called the The CHAIRMAN pro tempore. The insist we rebuild the area. Soviet Union the Evil Empire, it was Clerk will designate the amendment. We did not bring peace by 78 days of one of the finest days, because he stood The text of the amendment is as fol- bombing. As matter of fact, most of the up for our fundamental values. And be- lows: death and destruction and hostility to- cause of Ronald Reagan and the Pope Amendment No. 7 offered by Mr. PAUL: ward America was developed during and other people who spoke out for our Page 108, after line 22, insert the following: those 78 days. It did not occur prior to values, we saw the Berlin Wall fall. TITLE VIII—ADDITIONAL GENERAL that. There were few deaths in com- We cannot remove ourselves. I be- PROVISIONS parison. And who were the people lieve that God has blessed this country, SEC. 801. None of the funds appropriated in killed with our bombs dropping from a blessing on this country, for the this Act may be used for any United States 30,000 feet? Were they military people? goodness of what we have done; for the contribution for United Nations peace- No. Innocent people, as they are in Iraq fact that we are trying to feed the poor keeping operations. as well. and the hungry and the naked. In Mat- The CHAIRMAN pro tempore. Pursu- It is out of control. It is out of our thew 25, Jesus talks about going in and ant to the order of the House today, hands. We have lost control of our des- feeding the poor and the hungry and the gentleman from Texas (Mr. PAUL) tiny when it comes to military oper- the naked. And America is always and a Member opposed each will con- ations. We now go to war under U.N. there. It is mandate that Jesus talks trol 10 minutes. resolutions, rather than this Congress about in the Bible. So for us to just Mr. WOLF. Mr. Chairman, I claim declaring war and fighting wars to win. pull out and say, the hunger, the star- the time in opposition. We have given up a tremendous vation, the HIV, the sickness, the The CHAIRMAN pro tempore. The amount, and I believe it is time we sleeping sickness in Sudan, we are not gentleman from Virginia (Mr. WOLF) stood up for the American people and going to be involved in, I think would will control 10 minutes in opposition. the American taxpayer and say we be a mistake. The Chair recognizes the gentleman ought to defend America, but we can I think this is a bad amendment. I from Texas (Mr. PAUL). deal with the problems of the world in understand what the gentleman says, (Mr. PAUL asked and was given per- a much different manner; not by mili- and I know the U.N. has some serious mission to revise and extend his re- tarizing and controlling it the best we problems. I have been very, very crit- marks.) can, the military operations of the ical the U.N., and we will continue to Mr. PAUL. Mr. Chairman, I yield my- United Nations, but pursuing the watch over them, but we cannot adopt self such time as I may consume. spreading of our values and our beliefs this amendment. Mr. Chairman, quite possibly we will and the free market in a much dif- Mr. Chairman, I yield back the bal- not have to take a long time on this. In ferent manner than by further taxation ance of my time. many ways this is a similar amend- of the American people. The CHAIRMAN pro tempore (Mr. ment, but different with respect to as Mr. Chairman, I reserve the balance LATOURETTE). The gentleman from how the money would be spent after we of my time. Texas (Mr. PAUL) has 2 minutes re- send it to the United Nations. Mr. WOLF. Mr. Chairman, I rise in maining. The amendment says, ‘‘None of the opposition to the amendment. Mr. PAUL. Mr. Chairman, I yield my- funds appropriated in this Act may be Mr. Chairman, I am not going to take self such time as I may consume. used for any United States contribu- long. The U.N. is not in Macedonia; it Mr. Chairman, let me just go ahead tion for the United Nations peace- is NATO in Macedonia. Quite frankly, and close and respond to the gentleman keeping operations.’’ if NATO had not been involved in that just spoke about the values. I This is getting more specifically into Kosovo and Macedonia, Eastern Europe agree entirely that our values deserve the militarization of the United Na- and the Balkans would have been in- to be spread. The disagreement here is tions and the unfairness of our bill that flamed. We know where World War II whether you do that through vol- we get sent every year. We pay 31.7 per- started and other wars which started unteerism or through force; through cent of the peacekeeping missions. A there.

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.172 pfrm01 PsN: H18PT1 H4178 CONGRESSIONAL RECORD — HOUSE July 18, 2001 b 1830 hood that we will be attacked by ter- drugs and the uncertainty of the scope So, therefore, I think that has been rorists. of the WTO rules significantly reduces in the best interests, by keeping peace, Mr. Chairman, I yield back the bal- the flexibility of countries to address if you will. ance of my time. the HIV/AIDS epidemic. Developing Besides that, we could continue to Mr. WOLF. Mr. Chairman, I yield countries cannot afford the expensive, debate, but in the interest of time, I back the balance of my time. brand-name, anti-retroviral drugs that would just say that the Bush Adminis- The CHAIRMAN. All time for debate sell for over $10,000 per patient per year tration would be strongly opposed to having expired, the question is on the in industrialized countries. this, as is Secretary Powell and the amendment offered by the gentleman Zambia, for example, has an AIDS in- State Department. from Texas (Mr. PAUL). fection rate of almost 10 percent and a Mr. Chairman, I urge a ‘‘no’’ vote. The question was taken, and the per capita income of only $330. Never- Mr. SERRANO. Mr. Chairman, I Chairman announced that the noes ap- theless, the WTO has been used to pre- move to strike the last word, and I rise peared to have it. vent developing countries from making in strong opposition to the gentleman’s Mr. PAUL. Mr. Chairman, I demand a HIV/AIDS drugs available to their pop- amendment. recorded vote. ulations at affordable prices. In recognition of the importance that The CHAIRMAN. Pursuant to clause Brazil has developed an HIV/AIDS is placed on peacekeeping operations, 6 of rule XVIII, further proceedings on program that is a model for developing the Bush administration requested and the amendment offered by the gen- countries. The World Bank and the this subcommittee approved $844 mil- tleman from Texas (Mr. PAUL) will be United Nations cite Brazil’s program as lion for the U.S. share of the U.N. postponed. one of the best in the world. peacekeeping budget. AMENDMENT NO. 10 OFFERED BY MS. WATERS In 1998, the government of Brazil U.S. participation in U.N. peace- Ms. WATERS. Mr. Chairman, I offer began manufacturing and distributing keeping missions means that the U.S. an amendment. generic anti-retroviral drugs for the does not have to bear the human, fi- The CHAIRMAN. The Clerk will des- treatment of HIV/AIDS; and the prices nancial, or political burden of keeping ignate the amendment. of these drugs fell by an average of 79 the peace on its own. Of over 34,000 The text of the amendment is as fol- percent. Brazil now distributes free U.N. peacekeepers, observers, and mili- lows: anti-retroviral drugs to 90,000 Brazil- ians, ensuring that all citizens who tary police serving in missions as of Amendment No. 10 offered by Ms. WATERS: July 1, only 661, or less than 2 percent, Page 108, after line 22, insert the following: need HIV/AIDS drugs have access to them. of these individuals are Americans. TITLE VIII—ADDITIONAL GENERAL The Brazilian Health Ministry spent The U.N. recently lowered the U.S. PROVISIONS $444 million on AIDS drugs in 2000, a assessment rate for U.N. peacekeeping SEC. 801. None of the funds appropriated in total of 4 percent of its budget. Yet from 31 percent to 27 percent. The U.S. this Act under the heading ‘‘OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE–SAL- Brazil’s program most certainly pays has a responsibility to U.N. peace- ARIES AND EXPENSES’’ may be used to initiate for itself. The decline in hospitaliza- keeping as a permanent member of the a proceeding in the World Trade Organiza- tions from opportunistic infections be- U.S. Security Council, through which tion (WTO) challenging any law or policy of tween 1997 and 1999 saved the health it can veto any mission. a developing country that promotes access ministry $422 million. The program has U.N. peacekeeping missions are help- to HIV/AIDS pharmaceuticals or medical also increased the productivity of in- ing to maintain peace and stability in technologies to the population of the coun- fected individuals who can now lead ac- regions that are vital to U.S. interests try. tive lives and family members who no such as the Middle East, Africa, and (b) In this section, the term ‘‘developing longer need to care for the sick. the Balkans. U.N. peacekeepers help to country’’ means a country that has a per capita income which does not exceed that of Despite the success of Brazil’s pro- build peace in war-torn, unstable re- an upper middle income country, as defined gram, the United States Trade Rep- gions by providing humanitarian as- in the World Development Report published resentative challenged Brazil for vio- sistance, clearing mine fields, moni- by the International Bank for Reconstruc- lating WTO intellectual property laws; toring human rights and elections, and tion and Development. and the WTO agreed to establish a disarming the parties and allowing The CHAIRMAN. Pursuant to the panel to rule on the case. them to return to civilian society. order of the House of today, the gentle- If the United States had won the Again, as in the previous amend- woman from California (Ms. WATERS) case, the WTO would have authorized ment, this is one that is misguided. I and a Member opposed each will con- the United States to impose punitive have stood, as many have on this floor trol 5 minutes. economic sanctions on Brazil. Fortu- throughout the years, and spoken Mr. WOLF. Mr. Chairman, I claim nately, the United States withdrew its against military intervention on our the time in opposition; and I reserve a case against Brazil on June 25, 2001, in part. I, however, believe that the best point of order on the amendment. response to tremendous public pres- way for us to participate throughout Ms. WATERS. Mr. Chairman, I yield sure. the world in these situations is in a myself such time as I may consume. The Waters-Kucinich-Crowley-Lee peacekeeping effort, and that is why I The purpose of this amendment is to amendment would enable developing support them. I support what the sub- prohibit the use of funds to initiate countries to provide cost-effective committee has done with this appro- proceedings in the World Trade Organi- treatment for people with HIV/AIDS priation, and I would hope that we de- zation challenging policies in devel- through the production and distribu- feat this amendment. oping countries that promote access to tion of generic HIV/AIDS drugs. If this Mr. PAUL. Mr. Chairman, I yield my- HIV/AIDS. amendment had been long, the United self such time as I may consume. The Waters-Kucinich-Crowley-Lee States would not have initiated a WTO Let me just close by saying that I amendment would restore the ability case against Brazil to overturn its urge a ‘‘yes’’ vote to stop the funding of developing countries to pass laws for award-winning and effective HIV/AIDS for the peacekeeping missions of the the purpose of making HIV/AIDS drugs policies. United Nations, believing very sin- available to their citizens. The amend- The Waters-Kucinich-Crowley-Lee cerely that they do not do much good ment would prevent WTO challenges to amendment has been endorsed by and they do harm and potentially a HIV/AIDS drugs laws by the United OXFAM America, the AFL–CIO, Jubi- great deal of harm in the future. They States. lee USA Network, the Global AIDS Al- do not serve our national self-interests. Passage of the amendment would re- liance, the Washington Alliance on Af- We have the United Nations now in- duce a substantial obstacle imposed by rica, Result and Health Gap. I urge my volved in the Middle East, Sierra the WTO Agreement on Trade-Related colleagues to support our amendment. Leone, East Timor, Cambodia, West Aspects of Intellectual Property Mr. Chairman, I reserve the balance Sahara, and Yugoslavia. It requires a Rights, also known as the TRIPS of my time. lot of money. The most likely thing to Agreement. The CHAIRMAN. Does the gentleman come of all of this will be more hos- The threat of WTO sanctions against from Virginia insist on his point of tility toward America and more likeli- a country for its policies on HIV/AIDS order?

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.181 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4179 POINT OF ORDER address the emergency and health care amendment imposes new duties in vio- Mr. WOLF. Mr. Chairman, I insist on needs. lation of clause 2 of Rule XXI. the point of order. It goes beyond that. So it is not a The point of order is sustained. The CHAIRMAN. The gentleman will maneuver. It is just a point of order, b 1845 state it. and it is subject to a decision. Mr. WOLF. Mr. Chairman, I make a The CHAIRMAN. Does the gentle- AMENDMENT NO. 11 OFFERED BY MR. KUCINICH point of order against the amendment woman wish to be heard further? Mr. KUCINICH. Mr. Chairman, I offer because the amendment proposes to Ms. WATERS. I do, Mr. Chairman. an amendment. change the existing law and con- This is not about I am the only one THE CHAIRMAN pro tempore (Mr. stitutes legislation in an appropria- who cares about this issue. I am the LATOURETTE). Does the gentleman tions bill and, therefore, violates only one offering this amendment from Ohio (Mr. KUCINICH) offer the clause 2 of Rule XXI. today. amendment as the designee of the gen- The CHAIRMAN. Does any Member I am pleased that the gentleman has tlewoman from California (Ms. WA- wish to be heard on the point of order? gone to the Congo and Rwanda. I am TERS)? Ms. WATERS. Mr. Chairman, I would pleased that the gentleman knows Mr. KUCINICH. Yes, I rise as the des- like to ask my colleagues to examine something about Africa. Let me ask ignee of the gentlewoman from Cali- the opposition to our ability to take up the gentleman if he knows that 36 mil- fornia, Mr. Chairman. this important amendment. It is not lion people are currently living with The CHAIRMAN pro tempore. The driven by any conflict. It is not driven HIV/AIDS and 95 percent of them are Clerk will designate the amendment. by any letter of the law that would not living in developing countries. In sub- The text of the amendment is as fol- allow this amendment to be taken up. Saharan Africa alone, over 25 million lows: I know the tremendous pressures that people are living with HIV/AIDS, and Amendment No. 11 offered by Mr. KUCINICH: are being presented, but I do not think 6,000 people die of AIDS-related dis- Page 108, after line 22, insert the following: that anybody on either side of the aisle eases every day. TITLE VIII—ADDITIONAL GENERAL can look the world in the face and sup- This has nothing to do with whether PROVISIONS port policies that would allow our or not I care or I am the only one that SEC. 801. None of the funds appropriated in United States Trade Representative to cares. It is time to put our public pol- this Act under the heading ‘‘OFFICE OF THE create a case in the WTO against coun- icy and our money where our mouths UNITED STATES TRADE REPRESENTATIVE–SAL- tries that are literally dying, with its are. People are dying in unprecedented ARIES AND EXPENSES’’ may be used to initiate citizens dying in record numbers day in and shameful numbers. I would say to a proceeding in the World Trade Organiza- the gentleman, it is not about whether tion (WTO) pursuant to any provision of the and day out. Agreement on Trade-Related Aspects of In- Mr. Chairman, I would ask the gen- or not the gentleman challenges tellectual Property Rights (as described in tleman from Virginia not to proceed whether I care more than he. It is not section 101(d)(15) of the Uruguay Round with this parliamentary maneuver in about whether or not we have traveled Agreements Act (19 U.S.C. 3511(d)(15))) chal- order to stop this amendment. The to Africa. It is whether or not we saw lenging any law of a country that is not a world is watching. what was happening in Africa, that we member of the Organization for Economic Mr. WOLF. Mr. Chairman, reclaiming feel it in our hearts, and we are ready Cooperation and Development (OECD) relat- my time under my point of order, I to do the right thing by people who ing to HIV/AIDS pharmaceuticals. would like to comment before the need our help. The CHAIRMAN pro tempore. Pursu- Chair rules, if I may. This is simply about public policy. ant to the order of the House today, This is not a parliamentary maneu- This is not even about money. This is the gentleman from Ohio (Mr. ver. The gentlewoman is not the only about whether or not the gentleman is KUCINICH) and a Member opposed each person who is interested in these going to allow our United States Trade will control 5 minutes. issues. Representative to represent all of us Mr. WOLF. Mr. Chairman, I reserve a I was in the Congo in January. We and comply with rules that have been point of order against the amendment. were in Rwanda and Burundi and up in described by some on this floor as rules The CHAIRMAN pro tempore. The the Sudan. The gentlewoman is not the that are developed outside of govern- gentleman from Virginia reserves a only person interested in this. The fact ment to protect the interests of the point of order against the amendment. that we asked for a point of order does pharmaceuticals or other private com- Mr. WOLF. Mr. Chairman, I claim not mean it is a parliamentary maneu- panies who do not have it in their the time in opposition. ver. hearts to make sure that people are The CHAIRMAN pro tempore. The Also, if the gentlewoman takes the able to afford drugs that will save their gentleman from Virginia (Mr. WOLF) time to go to page 100, we asked for the lives. Are we going to sit here in the will be recognized to claim the time in Africa policy. The committee is con- United States of America and watch opposition. cerned about their lack of sufficient at- people die day in and day out and not The Chair recognizes the gentleman tention to foreign policy issues regard- have it in our hearts to simply say, from Ohio (Mr. KUCINICH) for 5 minutes. ing Africa and supports the Depart- WTO, back off? That is what this is all Mr. KUCINICH. Mr. Chairman, I yield ment’s efforts to improve the effective- about, Mr. Chairman. myself such time as I may consume. ness, and we go on and on. We also say I would ask that the gentleman from Mr. Chairman, since 1998, every AIDS this amendment goes far beyond what Virginia (Mr. WOLF) not use this par- patient in Brazil for whom it is medi- is necessary. liamentary maneuver and back off cally indicated gets for free the AIDS In February, the Bush administra- from trying to use this as a way to op- triple cocktail drug treatment. This is tion, and I want to put this on the pose what I think is excellent public extraordinary because, according to record, because it sounds like the gen- policy that we can all be proud of. U.N.-AID, in developing countries less tlewoman from California is the only The CHAIRMAN. Does any other than 10 percent of people with HIV/ one that cares about this, the Bush ad- Member wish to be heard on the point AIDS have access to the anti-retroviral ministration affirmed that it would not of order? therapy. object to developing countries using If not, the Chair is prepared to rule. The high price of many AIDS drugs, the proficiencies of WTO to improve The amendment offered by the gen- especially anti-retroviral drugs, is one access to HIV/AIDS pharmaceuticals. tlewoman from California proposes to of the main barriers to their avail- In June, the administration decided to limit funding for certain proceedings in ability in developing countries. Brazil terminate its WTO patent dispute with the World Trade Organization by the can afford to treat AIDS because it Brazil, in part because some people be- United States Trade Representative to does not pay market prices for anti- lieve that this dispute interferes with challenge laws if those laws bear a cer- retroviral drugs. Brazil’s effective AIDS program. The tain relationship to HIV/AIDS pharma- In 1998, the Brazilian government FDA office is committed to ensuring ceuticals. By requiring the United began making copies of brand name that the WTO members are able to use States Trade Representative to dis- drugs, and the price of those medicines the flexibility built into the WTO to cover the effect of foreign laws, the has fallen by an average of 79 percent.

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.186 pfrm01 PsN: H18PT1 H4180 CONGRESSIONAL RECORD — HOUSE July 18, 2001 The U.N. and the World Bank have should do more, not less, to ensure ing sure that the concerns of people praised Brazil’s AIDS drug program, compliance and enforcement of these who are suffering and who need help but what did the U.S. do? The U.S. standards. are heard. So I want to appeal to all lodged a complaint with the WTO al- Mr. Chairman, I come from the area Members of Congress that soon we leging that Brazil’s program violated of the United States where the largest must come to grips with this issue to the agreement on intellectual prop- private foundation contributes the help the suffering people of the world erty. largest amount of money to the solu- and those who are dealing with AIDS, Mr. Chairman, the people of America tion of HIV/AIDS. It is the Gates Foun- and the United States should be the know that our country is a country dation. But I also come from the area last country in the world to object to a with a big heart, but where is the heart of the country where we know how im- nation’s trying to find a way to deal here? USTR was wrong and offensive portant it is to protect our intellectual with their own AIDS problems. We when it brought a WTO challenge property on all levels from piracy. should be in support of Brazil, not try- against Brazil. That is what I stand behind, sensi- ing to undermine Brazil’s efforts to There are those who say that phar- tivity to solve a problem, but good, ra- treat the people of their country who maceutical companies can voluntarily tional thinking in terms of what we have AIDS. and effectively take care of the short- allow our U.S. representative to nego- I want to express my appreciation to age of HIV/AIDS drugs. In only one de- tiate on behalf of American business. the gentlewoman from California (Ms. veloping country, Brazil, do 100 percent This amendment is a step in the wrong WATERS) for giving me the opportunity of the people with HIV/AIDS get anti- direction, and I ask my colleagues to to present this amendment. retroviral drugs. No other developing oppose this amendment. Mr. Chairman, I yield back the bal- country could say the same thing, even Mr. KUCINICH. Mr. Chairman, I yield ance of my time. though a couple have concluded char- 1 minute to the gentlewoman from Mr. WOLF. Mr. Chairman, I yield ity agreements with pharmaceutical California (Ms. WATERS). myself such time as I may consume. Ms. WATERS. Mr. Chairman, I thank companies. Mr. Chairman, I want to congratu- the gentleman for yielding time to me. In other words, this is the most effec- late the gentleman from Ohio for Mr. Chairman, I would like to say tive way to address the AIDS epidemic bringing this amendment and for bring- that the testimony that was just given ing the issue to the floor. There will be, in developing countries, the way Brazil by the gentlewoman spoke to another I believe, 40 million orphans in the year did it. Yet the U.S. brought a WTO case amendment, certainly not to the one 2015 in Africa, and hopefully by putting against Brazil. that is on the floor. This amendment is Mr. Chairman, I reserve the balance pressure and raising these issues, I tailored specifically to HIV/AIDS. It of my time. has nothing to do with intellectual know Secretary Powell is very, very Mr. WOLF. Mr. Chairman, I reserve property and any of the other areas concerned. One of the first meetings I the point of order on the amendment, that she described. had when I got back is we met with and I yield 2 minutes to the gentle- Mr. KUCINICH. Mr. Chairman, I yield Secretary Powell. We raised the issue woman from Washington (Ms. DUNN). myself such time as I may consume. of Sudan and AIDS. I will send the gen- Ms. DUNN. Mr. Chairman, I rise in Mr. Chairman, the assertion that the tleman my report. opposition to the Waters amendment. amendment will lead to slowing new So I think it is good and healthy that There are many of us who share her discoveries and discourage more phar- it is out so people are forced to address concerns for the need to provide access maceutical innovation has to be an- it. to affordable HIV/AIDS drugs in devel- swered. POINT OF ORDER oping nations. I myself have traveled The argument is basically, I believe, Mr. WOLF. Mr. Chairman, I insist on to nations in Africa three times in the a defense of high profits. Developing the point of order. last year and a half, and have obvi- countries are so poor, however, that no The CHAIRMAN pro tempore. The ously witnessed firsthand the dev- pharmaceutical company can logically gentleman from Virginia (Mr. WOLF) astating effects of this disease on indi- depend on profits earned in Africa to will state his point of order. viduals. fund research. Mr. WOLF. I make a point of order For many developing countries in Af- It has been also mentioned that the against the amendment because it pro- rica, the problem is not access to WTO agreement on trade aspects of in- poses to change existing law and con- drugs, but it is lack of an infrastruc- tellectual property already contains a stitutes legislation in an appropria- ture in place to distribute drugs to humanitarian exception for health and tions bill, and therefore violates clause those who are in need, and it is cul- other emergencies, so therefore, this 2 of rule XXI imposing additional du- tural differences that continue to stig- amendment would not be needed. How- ties. matize those who have HIV/AIDS. ever, the United States brought a WTO The CHAIRMAN pro tempore. Does But the Waters amendment goes be- case against Brazil, nonetheless. The any Member wish to be heard on the yond providing affordable drugs in de- TRIPS agreement was agreed to by the point of order? veloping countries. It will have a nega- U.S. in 1995, while the U.S. case against If not, the Chair is prepared to rule. tive effect in other industries like soft- Brazil was launched in June, 2000. Ms. WATERS. Mr. Chairman, I wish ware, music, literature, movies. In es- Clearly, the exception is not enough, to be heard. sence, it prevents the United States and congressional action is needed. The CHAIRMAN pro tempore. The Trade Representative from protecting I know the gentleman from Virginia Chair recognizes the gentlewoman from American innovation from counterfeits is a caring person, and we are all car- California (Ms. WATERS). or piracy against countries most likely ing people here. We just hope that Ms. WATERS. On the point of order, to be involved in violations. through bringing this debate forward Mr. Chairman, again, I make the same Piracy continues to be a problem in today, we can have an opportunity to appeal. I see this as a parliamentary many countries, such as China. Once heighten the concern of this Congress maneuver to avoid taking a vote on China enters the WTO, it must comply about this issue, because it really is re- this legislation that I think a lot of with international intellectual prop- pugnant to morality to have people Members on both sides of the aisle erty rights standards. It simply does dying all over the world because of would support. not make sense for us to negotiate Chi- some trade squabble when the truth is I do not think that the gentleman on na’s WTO membership while simulta- that all trade agreements should exist the opposite side of the aisle could neously hindering our United States to facilitate the human condition, and stand up and cite that there are 40 mil- Trade Representative from ensuring not to erode it through trying to en- lion orphans and talk about the devas- that China comply with all the stand- gage in arguments about intellectual tation without knowing that he has it ards. property when the fact of the matter is within his power, as he stands here International intellectual property that people are suffering and they need today, to allow this amendment to be rights standards are important, and help. before this House. One does not have they are essential in preventing theft I know that the gentleman from Vir- that kind of power and not use it when and piracy of American products. We ginia is one of the champions on mak- one absolutely cares about something.

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.188 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4181 The gentleman again, as with the UNITED STATES TRADE REPRESENTATIVE–SAL- in developing countries and really can- gentlewoman, talked about their trips ARIES AND EXPENSES’’ may be used to initiate not afford any medication. They really to Africa. What good does it do to keep a proceeding in the World Trade Organiza- do face a death sentence. going to Africa on these CODELs if one tion (WTO) pursuant to any provision of the This is a moral outrage. We must not Agreement on Trade-Related Aspects of In- does not see the suffering of the people tellectual Property Rights (as described in tolerate the current policy which dic- there, if one does not understand the section 101(d)(15) of the Uruguay Round tates that life with a manageable ill- dying that is going on in Africa? Agreements Act (19 U.S.C. 3511(d)(15))) chal- ness is possible only, only if one has What good is it to go there if one lenging any law of a country that is not a money, only if one is wealthy. How- cannot come back and put that into member of the Organization for Economic ever, death from AIDS is certain if one public policy that will save lives? Cooperation and Development (OECD). is poor. Now is the time to demonstrate what The CHAIRMAN pro tempore. Pursu- For example, the continent of Africa one cares about with regard to Africa, ant to the order of the House of today, accounts for only 1.3 percent of the and what we have seen in Africa. the gentlewoman from California (Ms. global pharmaceutical market. That is Again, this is not about an allocation WATERS) and a Member opposed each because the average person lives on of dollars, this is about allowing coun- will control 30 minutes. less than $300 a year while the average tries to take care of themselves. This is The Chair recognizes the gentle- AIDS treatment may cost as much as about saying to WTO, do not challenge woman from California (Ms. WATERS). $15,000 per year. Africans, poor people, these countries on their ability to Ms. WATERS. Mr. Chairman, I yield people living in poverty, simply cannot produce generic drugs. Allow them to myself such time as I may consume. afford drugs at the current price. do what Brazil has done. They have Mr. Chairman, let me just say that We have only just begun our battle done it and it has been cost-effective, we just saw the attempts to try and with this global killer. So I strongly and they are saving lives. pass a very reasonable amendment. urge all my colleagues to do the right If a Member cares about Africa, if Both I and the gentleman from Ohio thing and vote for this amendment. We one has internalized what they have attempted to do that. We saw the par- must not only talk about our moral seen when they have traveled there on liamentary maneuver. concerns about this horrendous pan- these CODELs, watching people die, Mr. Chairman, this particular amend- demic, but we must support public poli- watching the orphans, watching these ment does not face that challenge. cies to solve it. countries falling apart, then now is the However, I know that it is going to be Finally, as Members of Congress in time to use the gentleman’s power to opposed by the same forces. the most powerful country in the do something about it. Mr. Chairman, I yield 21⁄2 minutes to world, we must remember ‘‘to whom If the power is in the hands of the the gentlewoman from California (Ms. much is given, much is expected.’’ gentleman on the other side of the LEE). Ms. WATERS. Mr. Chairman, I yield aisle to remove his objection, his chal- Ms. LEE. Mr. Chairman, I thank the 2 minutes to the gentleman from Ohio lenge to this amendment, then I would gentlewoman for yielding time to me. (Mr. KUCINICH). respectfully plead with him to please Mr. Chairman, I rise tonight to ex- Mr. KUCINICH. Mr. Chairman, I do that today, and demonstrate that he press my strong support as a cosponsor thank the gentlewoman for yielding me understands that devastation, he un- of the Waters-Kucinich-Crowley-Lee this time and giving me an opportunity derstands those 40 million children amendment. I want to thank the gen- to work with her on this. that he has identified, all without par- tlewoman from California (Ms. WA- The amendment which is proposed by ents. Children are running around. TERS) for her consistent leadership on myself and the gentlewoman from Cali- They are going to die, too. There is no- each and every issue that affects the fornia (Ms. WATERS) states that none of body to care for them. the funds appropriated in this act Mr. Chairman, I would say that this human family that we deal with here in this House. under the heading of the Office of the attempt to challenge the legality of United States Trade Representative this amendment to be on the floor is This important amendment would re- store the ability of developing coun- Salaries and Expenses may be used to without merit, and I would ask the initiate a proceeding in the World gentleman to withdraw it. tries to pass laws that make HIV and AIDS pharmaceuticals and medical Trade Organization pursuant to any The CHAIRMAN pro tempore. Does provision of the agreement on trade-re- anyone further wish to be heard on the technologies accessible to people living with HIV and AIDS. lated aspects of intellectual property point of order? rights. If not, the Chair is ready to rule. The The global AIDS crisis is the greatest It is really important for us to estab- amendment offered by the gentleman humanitarian pandemic of our time. lish the context of why we are here. from Ohio (Mr. KUCINICH) proposes to There are 36 million people worldwide People are dying from AIDS all over limit funding for certain proceedings in living with AIDS. In sub-Saharan Afri- the world; and we know that there are the World Trade Organization by the ca alone, 6,000 people die each and drugs, anti-retroviral drugs, which can United States Trade Representative to every day from HIV and AIDS. be used to treat the people that can challenge laws if those laws bear a cer- b 1900 help save them. All over America, the tain relationship to HIV/AIDS pharma- The United Nations estimates that people of America support the idea of ceuticals. without a comprehensive response to By requiring the United States Trade helping others in need. The very this crisis, by 2005, there will be 100 Representative to discover the effect of thought that we can have these drugs million people infected with HIV and foreign laws, and based on the Chair’s in existence and have suffering people AIDS. That is over 100 million people. prior ruling, the amendment imposes and them not being able to connect That is mind-boggling. new duties in violation of clause 2 of with suffering people has to cause ev- This amendment will allow African rule XXI, and the point of order is sus- eryone to be ashamed. Yet our own nations and those in developing coun- tained. country has used the World Trade Or- tries to close the gap in access to HIV ganization as a vehicle to defeat the AMENDMENT NO. 12 OFFERED BY MS. WATERS and AIDS therapies for people living work of a nation that is trying to treat Ms. WATERS. Mr. Chairman, I offer with AIDS. Existing World Trade Orga- its own AIDS patients, saying it inter- an amendment. The CHAIRMAN pro tempore. The nization policies unduly restrict the feres with the intellectual property Clerk will designate the amendment. flexibility of countries to address the rights of pharmaceutical companies. The text of the amendment is as fol- HIV and AIDS pandemic. This results Since when do intellectual property lows: in lives being lost. rights become more important than By supporting the Waters-Kucinich- human life? Since when? We need to Amendment No. 12 offered by Ms. WATERS: Page 108, after line 22, insert the following: Crowley-Lee amendment, we will rein- get this in perspective. And the per- TITLE VIII—ADDITIONAL GENERAL force our support for countries to ad- spective is that we have a moral obli- PROVISIONS dress their own crisis. Of the 36 million gation to help those people who are SEC. 801. None of the funds appropriated in people living with HIV and AIDS, 95 suffering; that we have a moral obliga- this Act under the heading ‘‘OFFICE OF THE percent of them, that is 95 percent, live tion to challenge the WTO and not to

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.190 pfrm01 PsN: H18PT1 H4182 CONGRESSIONAL RECORD — HOUSE July 18, 2001 ask the WTO to impress on the backs do know that time is running out. This year, the number of children who died of the sick people of the world a yoke amendment needs to be passed. from AIDS reached a staggering half a of intellectual dishonesty in the name Ms. WATERS. Mr. Chairman, I yield million. We hear of orphans, a genera- of protecting intellectual agreements. 2 minutes to the gentleman from New tion of orphans, who are entering our Ms. WATERS. Mr. Chairman, I yield York (Mr. NADLER). world in some of the worst imaginable 2 minutes to the gentleman from New Mr. NADLER. Mr. Chairman, I rise in conditions. Right now, in Africa, 10 York (Mr. CROWLEY). strong support of this amendment. million young orphans are struggling (Mr. CROWLEY asked and was given Frankly, I am disappointed that this to survive. permission to revise and extend his re- amendment is even necessary. It We know there are governments marks.) should be obvious that the United throughout the world, developing coun- Mr. CROWLEY. Mr. Chairman, I rise States would support all efforts to pro- tries, I should say, straining to deal today in strong support for the amend- vide affordable medicine to the people with this crisis. But instead of helping, ment offered by my colleagues, the of developing nations who are suffering our government is pursuing a path that gentlewoman from California (Ms. WA- with AIDS. It should be a given that could make the AIDS crisis even worse. TERS) and the gentleman from Ohio when a nation like Brazil develops an Under a perverse rule within the World (Mr. KUCINICH). effective program to address the AIDS Trade Organization, the United States, I would also like to thank my col- crisis threatening its people that the as we have heard already on this floor, leagues for having the foresight to United States would stand up and sa- brought a suit, a case against Brazil offer this amendment at a time when lute its good work. and its AIDS policy. Brazil found a way so many developing and undeveloped The developing world in particular to get HIV/AIDS drugs into the hands countries are seeing their societies, has been devastated by the AIDS epi- of anyone who needed them by manu- their very social infrastructures, deci- demic, with millions of people affected facturing generic versions of these mated by the HIV/AIDS pandemic. and millions of people dying and a gen- vital medicines and distributing them Mr. Chairman, last year I visited sub- eration of orphaned children left be- free of charge. Saharan Africa and saw firsthand what hind. The manufacturing of affordable most Americans only read about. I saw generic drugs is a crucial element in fi- This policy has received praise from a generation of kids growing up with- nally getting control of this terrible agencies and individuals who are inti- out parents, without teachers, and disease. We should be encouraging mately involved in this issue from without health care providers because more nations to do that, rather than around the world: the United Nations, of HIV/AIDS. The decimation of these threatening them with lawsuits at the the World Bank, and many other orga- countries must stop. World Trade Organization to protect nizations. But our trade officials appar- HIV/AIDS drugs are not the only so- the bottom line of multibillion dollar ently thought that corporate intellec- lution, but they are part of the solu- drug companies. It is unconscionable tual property rights are more impor- tion. Our opponents in the multi- that we would put money over lives. tant than the lives of the people being national pharmaceutical companies It was only because of the public saved by these drugs. After heavy pub- point to their generosity in providing pressure, led in large part by the gen- lic pressure from many of my col- HIV/AIDS drugs to the developing tlewoman from California (Ms. WA- leagues here, the gentlewoman from world. While their philanthropy is cer- TERS) and the gentlewoman from Cali- California (Ms. WATERS), the gentle- tainly appreciated, there are other fornia (Ms. LEE), and so many others in woman from California (Ms. LEE), ways to solve this problem than to de- this body, that the United States fi- many of my colleagues in this body, pend on multinational corporations for nally dropped its lawsuit. But there is after heavy pressure, the U.S. finally handouts. UNAIDS has stated that no assurance that the big drug compa- withdrew its case. But the next time, even with all the donation programs in nies will not pour their money into lob- Mr. Chairman, it could be different. place, only 10 percent of those infected bying the United States Government to Today, I join my colleagues, the gen- by HIV/AIDS in the developing world bring another lawsuit like it. tlewoman from California (Ms. WA- will have access to these drugs. That is why we need this amendment TERS), the gentlewoman from Cali- The Waters-Kucinich-Lee amend- today. With this amendment we would fornia (Ms. LEE), the gentleman from ment would restore the ability of de- prevent the United States from shame- Ohio (Mr. KUCINICH), the gentleman veloping countries to pass laws and fully pursuing commercial interests be- from New York (Mr. CROWLEY), and all produce HIV/AIDS drugs for their citi- fore the health and well-being of mil- the others, in offering an amendment zens. The amendment would prevent lions of people affected with this ter- to ensure this will never, ever happen World Trade Organization challenges rible disease. It would encourage devel- again. to HIV/AIDS drug laws by the United oping nations to responsibly address The United States should be sup- States related to HIV/AIDS drugs. In the AIDS crisis and bring lifesaving portive of efforts to help alleviate the effect, this amendment would codify treatment to their citizens. tremendous suffering throughout the current administration policy sup- The role of this Nation for several world from the AIDS epidemic. We ported by President Bush which has years in preventing people in southern should not be using international trade suspended any international copyright Africa from having access to lifesaving organizations like the WTO to under- laws in the United States against coun- drugs is shameful. I thank God that we mine a developing country’s ability to tries in the developing world for pro- are no longer doing that. This amend- get HIV/AIDS medication into the ducing HIV/AIDS drugs. ment will ensure that we will not even hands of their own citizens who cannot This amendment allows countries to think about doing it again in the fu- live without them. institute policies and laws to facilitate ture. It is a very important amend- I urge my colleagues to support this provisions of sorely-needed pharma- ment, and I urge its adoption. amendment, and I thank my colleague ceuticals to those suffering with HIV Ms. WATERS. Mr. Chairman, I yield from California and the others for their and AIDS. It is not, I repeat not, de- 3 minutes to the gentleman from leadership in presenting it to us this signed to undermine the World Trade Michigan (Mr. BONIOR), the distin- evening. Organization’s intellectual property guished minority whip. rights provisions. Mr. BONIOR. Mr. Chairman, I thank Mr. MILLER of Florida. Mr. Chair- Some have stated that pharma- my colleague for yielding me this time man, I yield such time as he may con- ceuticals used to treat and control and for her leadership on this issue. sume to the gentleman from California HIV/AIDS are too toxic to be used by Mr. Chairman, the crisis of AIDS in (Mr. DREIER), chairman of the Com- those in developing countries; that the Africa and in developing countries mittee on Rules. infrastructure required to correctly use around the globe demands our atten- The CHAIRMAN. The gentleman these drugs is lacking in these coun- tion. We read of these devastating from Florida (Mr. MILLER) claims the tries. Mr. Chairman, the people in painful accounts of men and women time in opposition, and yields such these developing countries do have and children dying without access to time as he may consume to the gen- watches, they can tell time, and they drugs that will sustain their lives. Last tleman from California (Mr. DREIER).

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.197 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4183 Mr. DREIER. I thank my friend for Mr. Chairman, I urge my colleagues reduction in the AIDS death rate, yielding me this time; and, Mr. Chair- to vote against it. fewer HIV transmissions, the preven- man, I rise in the strongest possible op- Ms. WATERS. Mr. Chairman, I yield tion of hundreds of thousands of hos- position to this amendment. 3 minutes to the gentlewoman from pital admissions, and significant sav- We all are very concerned about the California (Ms. PELOSI). ings to its healthcare system. scourge of HIV/AIDS around the world. Ms. PELOSI. Mr. Chairman, I thank This amazing success was threatened We just, upstairs in the Committee on the gentlewoman for yielding and for when the U.S. brought a WTO case Rules, reported out the very important her leadership on this important issue. against Brazil for its HIV/AIDS poli- rule on foreign operations, which we Before I speak in support of the Wa- cies. Earlier this year, this case was will be considering in this House. In it ters-Kucinich-Crowley amendment I withdrawn in response to public pres- there is nearly a doubling, a doubling, want to commend the distinguished sure. If this effort had been successful, of the level of funding for HIV/AIDS. chairman of the subcommittee for his Brazil would have faced punitive eco- We all are very concerned about it. We unsurpassed leadership on helping to nomic sanctions, countless lives would all want to do everything that we pos- meet the needs of people throughout have been lost unnecessarily and other sibly can to bring this very, very seri- the world, people who are suffering. poor nations would have been deterred ous problem to an end; and that is why I know that many of us travel as from replicating Brazil’s success. we have doubled the level of funding. CODELs and visit countries and do not AIDS can be treated in the devel- But to proceed with language which really see the real suffering, as my col- oping world. U.S. Trade Representa- undermines one of the most basic prin- league so correctly pointed out. But tives should not be standing in the ciples on which this country was found- the gentleman from Virginia (Mr. way. ed, that being property rights, is some- WOLF) is not in that category. In fact, I know we will be hearing from the thing that I find extremely troubling. he is known to visit very quietly by distinguished gentleman from Cali- We know that intellectual property is himself, whether it is those who are fornia (Mr. BERMAN), who is an expert important to our State of California. I hungry in the Sudan or wherever suf- on copyright and international prop- see my colleague here, the author of fering exists in our country. I want to erty laws, as to how we can all meet this amendment, the gentlewoman recognize the compassion and leader- our goals and in a very, very produc- from California (Ms. WATERS), who ship he has always demonstrated. tive way. knows very well that in California we Mr. Chairman, I reluctantly rise. I do Mr. Chairman, I urge my colleagues have a very important biotechnology not know if you are supporting this in the meantime to support the Wa- industry. In California, we have the ex- amendment. I assume not from your ters-Kucinich-Crowley amendment. Ms. WATERS. Mr. Chairman, I yield tremely important entertainment in- comments. I do rise in support of the 2 minutes to the gentleman from Cali- dustry. We know that that property amendment to prevent our government which our California constituents have fornia (Mr. BERMAN). from challenging the ability of devel- Mr. BERMAN. Mr. Chairman, I ap- must be recognized, and this amend- oping countries to pass laws that make ment clearly undermines the oppor- preciate the gentlewoman from Cali- HIV/AIDS drugs available to their citi- fornia (Ms. WATERS) yielding me the tunity that our U.S. Trade Representa- zens. tive has in dealing with so-called time. I also appreciate very much the Some have expressed concerns about parliamentary predicament that she TRIPS challenges, the intellectual the extent to which this bill goes. We property challenges that exist. has been in. all know what the heart of matter is, The gentlewoman from California is b 1915 what we are trying to achieve. trying to deal with a critical emer- Because there are people around the International trade law allows coun- gency affecting millions and millions world who are stealing our property. It tries to take action during a public of people. She is trying to ensure that is wrong. The prospect of eliminating health emergency. It would be absurd HIV/AIDS pharmaceutical are avail- those methods that we have for re- to claim that the AIDS crisis in the de- able to the people in third world coun- course to those who are stealing our veloped world is not a public health tries. Forced by the parliamentary ma- property should not take place. crisis. We have heard the staggering neuvering up to now, she has been re- When I look at the tremendous inno- statistics: 36 million people infected quired to present an amendment which vation that is taking place in the area with HIV, 22 million deaths from AIDS, goes far beyond HIV/AIDS pharma- of medical research, we are right now and nearly 14 million children or- ceuticals. It goes far beyond pharma- in the midst of the debate of embryonic phaned, over 95 percent of these cases ceuticals. It covers all copyrighted ma- stem cell research. Very compelling found in the developing world. AIDS is terial, patented material and creates evidence has come forward about the the number one cause of death in Afri- this compulsory license mechanism. So prospect in looking at ways in which ca. she has been forced to present an we can deal with the very serious ail- Not only is this a public health emer- amendment which I think a lot of peo- ments out there such as, Alzheimer’s, gency, it is the worst public health cri- ple, certainly me, think is overbroad. Parkinson’s, hemophilia, AIDS, asth- sis since the Middle Ages. As the Mr. Chairman, I ask the gentle- ma, cancer, on and on and on. world’s wealthiest, most powerful woman in the time she has yielded to Guess what? This innovation is being country, the United States must be a me whether she would consider a unan- done right here in the United States, leader in this fight, not a barrier to imous consent request to bring this the idea of saying to those who are progress. language back to the whole purpose of looking at new and innovative ways to Archbishop Desmond Tutu has said, her Herculean efforts here to make deal with these diseases and others who ‘‘AIDS in Africa is a plague of biblical these pharmaceuticals accessible to are potentially going to have their pri- proportions. It is holy war we must people who desperately need them? vate property stolen if we eliminate win.’’ Ms. WATERS. Mr. Chairman, will the this very important power that exists It is indeed, and the battles in this gentleman yield? with the U.S. Trade Representative. war occur on many fronts. Mr. BERMAN. I yield to the gentle- We obviously all share very serious Brazil is waging one of those battles, woman from California. concerns about the spread of HIV and and it is winning. Despite prices that Ms. WATERS. Mr. Chairman, I appre- AIDS. I believe that we again have are well out of reach for most of its ciate the gentleman from California demonstrated our concern when we in citizens, nearly every AIDS patient in (Mr. BERMAN) giving support to us on this House vote out the foreign oper- Brazil in need of AIDS drugs receives this issue. I know, too, how hard he has ations appropriations bill which will treatment. This unprecedented access worked not only on this issue but other double the level of funding for dealing to therapy has been achieved through a related issues. with that. government program that makes cop- As the gentleman knows, I was at- This is a very bad amendment. It se- ies of brand name drugs. Compulsory tempting simply to deal with the HIV/ riously undermines the right to protect licensing provisions in international AIDS issue and not have this in a the important property rights that we trade law allow this practice, and the broader context. I know that the phar- as Americans cherish so. result for Brazil has been a 50 percent maceuticals do not like this. But I also

VerDate 19-JUL-2001 06:00 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.199 pfrm01 PsN: H18PT1 H4184 CONGRESSIONAL RECORD — HOUSE July 18, 2001 know that the world pressure that was structure is such that it is better that but I do not find agreement in the ap- brought on them in the case of Brazil we do not try to do something about proach that she has taken. And because backed them down. presenting the people of Africa with I do not find myself in agreement with We do not want to have to continue this opportunity. the approach that she has taken, we to go that route. I would say to the This is another parliamentary ma- are going to oppose the amendment. gentleman that I would be happy to neuver to block us from having an Why does she not take her energy have a unanimous consent request to amendment that would deal directly and meet with the Secretary of State. amend this amendment so that it with getting the WTO out of the busi- Has she made a request to meet with would conform. ness of making a case out of countries Secretary Powell? Why does she not The CHAIRMAN. The gentlewoman’s simply taking care of their AIDS pa- take her energy and make a request to time has expired. tients who need medicine. meet with the Trade Rep? Has she Mr. WOLF. Mr. Chairman, I yield Mr. Chairman, I do not wish to talk asked to meet with the Trade Rep? myself such time as I may consume. a lot about the pharmaceuticals here Why does she not do that and then by Mr. Chairman, I object, because it this evening. We know how powerful bringing people together, trying to re- goes back to what we were faced with they are, and we know that they are in solve it with people, good people of before. I commend the gentlewoman opposition to this amendment. We faith, there may be a greater oppor- for trying to do what she wants to do. know that the pharmaceuticals will tunity. POINT OF ORDER hold out as long as we allow them to Mr. Chairman, I oppose the amend- Mr. BERMAN. Mr. Chairman, point and watch people die, thousands of ment. of order. them by the day, to protect their intel- Mr. Chairman, I reserve the balance Mr. WOLF. Mr. Chairman, I object. lectual property rights, to protect of my time. Mr. BERMAN. Mr. Chairman, I do their patents, to protect their what- Ms. WATERS. Mr. Chairman, I yield not believe that the unanimous con- ever. myself such time as I may consume. sent request has been made. Again, public policymakers should I resent the gentleman lecturing me The CHAIRMAN. The gentleman will not allow any special interest to have about how I ought to use my time. I suspend. that much power. It is within the was elected by the people of my dis- The gentleman from Virginia (Mr. power of the Members of this House to trict to make public policy. They did WOLF) was recognized by the Chair, and do something about it. We can simply not necessarily elect me to go and do he was stating his position for the gen- move this amendment this evening and any of the things he is instructing me tleman’s edification. There has been no not allow our trade representative to to do. They elected me to come here, to request. He was stating his position. take this case to the World Trade Orga- identify the issues, to debate the Ms. WATERS. Mr. Chairman, I yield nization. The people of Africa are issues, to work on the issues. I know myself such time as I may consume. watching. We know that it works when how to use my time. And I use it effec- Mr. Chairman, I am very sorry that a country decides to provide generic tively. we are being prevented from amending drugs to its people because we have I would say to the gentleman, he this bill in such a way that it will do seen it work already, not only in Brazil should be more concerned about how he what we started out to do, and relates but in India also. We know that it uses his time and his power rather than specifically to HIV/AIDS. I think that works. The pharmaceuticals know that trying to instruct me on how I should the gentleman from California (Mr. it works. use my time. I think that this amend- BERMAN) made the case, and the case is But we are going to sit here and say ment and the work that I am doing is one that we recognize. somehow that this is improper, that the right thing to do. I think that it is MODIFICATION OF AMENDMENT NO. 12 OFFERED this does not comport with the way the moral thing to do. I think that it is BY MS. WATERS that we do business. Those are simply the spiritual thing to do. I think it is Ms. WATERS. Mr. Chairman, I ask flimsy obstacles that everybody can the religious thing to do. I do not know unanimous consent to amend the bill see through. how anybody who has got the power in to comply with keeping this in line Mr. Chairman, I ask my colleague on their hands, who work in this body, with dealing with HIV/AIDS in the the opposite side of the aisle who is standing before the world, can oppose WTO. an amendment that would save the The CHAIRMAN. The Clerk will re- leading the opposition to remove him- self and to take the moral position of lives of millions of people. I do not port the modification. know how anybody who can know inti- The Clerk read as follows: saving lives. It is within the gentle- man’s power by simply saying one or mately the devastation that is going Modification to Amendment No. 12 offered on in Africa, who admits they have by Ms. WATERS: two words here this evening on the Add at the end the following: ‘‘that pro- floor that he will support my amend- traveled there, who can talk eloquently motes access to HIV/AIDS, pharmaceuticals ment to amend this legislation so that about having gone to the Congo and and essential medicines to the population of it deals specifically with HIV/AIDS. other places, I do not know how they the country.’’ Mr. Chairman, I reserve the balance can take that information and some- The CHAIRMAN. Is there objection of my time. how shape it into a result that says de- to the modification offered by the gen- Mr. WOLF. Mr. Chairman, I yield spite the fact I know all of this, I have tlewoman from California? myself such time as I may consume. seen all of this, I understand all of this Mr. WOLF. Mr. Chairman, I object. Mr. Chairman, I oppose the amend- and I am a faithful and upstanding per- The CHAIRMAN. Objection is heard. ment. It is not a maneuver. There are son, but yet when it comes to the bot- Ms. WATERS. Mr. Chairman, I yield rules in the House. The amendment tom line, I cannot do it. myself such time as I may consume. goes far beyond what is necessary to I cannot do it because of what? I can- Mr. Chairman, we have been through addressing the countries’ AIDS crisis. not do it because the pharmaceuticals this debate and we have had objections The gentlewoman ought to take her do not want me to do it? I cannot do it from the opposite side of the aisle now energy and meet with Secretary Pow- because my caucus does not want me on three occasions. Again, I thought we ell. The gentlewoman ought to take to do it? I cannot do it because of were able to make the case and to her energy and meet with the trade what? point out that it is within our power to rep. The gentlewoman ought to take I cannot do it because it is not im- move this amendment and to do some- her energy and meet with President portant enough. It does not occupy pri- thing about the devastation of Africa, Bush at the White House. The gentle- ority on his agenda. He cannot do it be- the dying that is going on. woman ought to take her energy and cause he does not have the will to do it. I ask my colleagues to disregard all advocate this up and down the country. I have listened to Members come to of the comments they hear about the We have rules. We have procedures. the floor and commend him for being a culture does not know how to accom- generous man, for being a caring man, modate using medications. b 1930 for being someone who has traveled to Mr. Chairman, I ask my colleagues to It is interesting. I find myself in Africa, but there is a contradiction in disregard comments about the infra- agreement with much of what she says, all of this. The contradiction is quite

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.201 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4185 clear. Mr. Chairman, you cannot know could provide generic anti-retroviral about. Intellectual property rights, our this story, you cannot have watched drugs for the treatment of HIV/AIDS to trade policies, many of them were de- these babies die, you cannot watch all those who are infected at minimal veloped and set into stone way before these families where mother and father or no cost, and as a result we saw AIDS people were dying from HIV and AIDS. both are dead and children living with- deaths plummet in the United States. So we should not even be making that out resources, in shacks and tents, you Now imagine if another nation chal- comparison tonight. We are talking cannot say that you have seen all of lenged the United States on the about the basic values of our country, that and somehow you cannot be grounds that we were violating the in- of people in our country who care moved to do whatever is necessary, to tellectual property rights of a pharma- about people who are dying. We are not put your mark on making sure the peo- ceutical company and that that other really talking about property rights. ple get the drugs that they need in government went hand in hand with I think after tonight’s debate, this order to live. Our United States Trade the pharmaceutical company to the House needs to go back to the drawing Representative was not elected by the WTO and challenged the right of the board and really reassess our trade people. It is an appointed position. We United States to take care of its citi- policies and how we instruct our trade should be telling the United States zens. I am sure that if that happened, representatives. And, yes, I have talked Trade Representative what to do and that Members would be flocking to the with Secretary of State Colin Powell how to represent us. We should be tell- House floor protesting the action and twice. I have talked with our Trade ing her, you are not to go to the World calling on the United States to simply Representative. I was a delegate to the Trade Organization and take up this ignore the WTO and continue this life- United Nations at the U.N. special ses- issue against the people. But since we saving program. sion on AIDS. The whole world is look- are not willing to do that, we take an It was 1999 when I found out that, in ing at this House of Representatives to amendment like this and say, ‘‘You fact, it was the United States, hand in stop what we are doing in terms of our can’t use our resources to do it.’’ hand with the pharmaceutical compa- trade policies and to say, yes, we want Mr. Chairman, I reserve the balance nies, going to the WTO and telling these countries to begin to be devel- of my time. South Africa it could not save its own oping their own generic drugs so that Mr. WOLF. Mr. Chairman, I yield 3 citizens, that it continued to do that in they can save the lives of millions and minutes to the gentleman from Illinois Thailand, and that it continued to do millions of their citizens. (Mr. KIRK). that in Brazil. How shocking it would Ms. WATERS. Mr. Chairman, I yield Mr. KIRK. Mr. Chairman, I rise in re- be for us if the tables were turned. In- myself the balance of my time. luctant opposition to this amendment. tellectual property rights here, the Obviously the debate has been held, I began my work against HIV in 1986. rights of human beings to live down and we know where people stand. Of The first HIV test was produced in here. I brought this to the attention of Deerfield, Illinois, in my district. It course I am shattered by what is hap- cost hundreds of millions of dollars to the President of the United States pening on this floor. It is inconceivable produce and alerted us to a crisis of along with many of my colleagues that we could have the opportunity AIDS in Africa. But if this amendment here. He created an executive order here this evening in our public policy- had become law in 1987, just when we that said we are not going to do that making to literally direct our United realized the magnitude of the problem, anymore. And this President, to his States Trade Representative in the all major AIDS drugs would have been credit, is continuing that executive way that they handle this issue and not shelved and there would have been no order. allow them to take it before the WTO money for the production of those So what is the problem? Let us put to prevent countries from producing drugs. that into the law for all Americans to generic drugs to save lives. AZT was developed, and it offers see, that we say that we will not use It is a contradiction because we are chronic care of HIV. Kaletra is now on the rights, the intellectual rights of debating faith-based initiatives. We are the market, and it drives viral loads to the pharmaceutical companies to de- debating whether or not we are going zero. Both drugs were discovered with- prive human beings of their right to to allow the religious community and out U.S. taxpayer funds, and these live and to receive the drugs when the church community to help save drugs are saving lives. Now over 50 new their country makes the effort to pro- lives and to help poor people, all of drugs are under development. But this vide them. that. It is a contradiction, Mr. Chair- amendment would stop the develop- I think it is stunning to me that any- man. As I listen to this debate this ment of those drugs in their tracks. If one, as a previous speaker did, would evening, I am shattered because for these new drugs come to patients, we come to this floor in defense of the even the best of us, we allow ourselves can cure AIDS, and we can develop a practice of the pharmaceutical compa- to be undermined and to be mis- new vaccine that will stop anyone else nies to say, we want to make our profit managed by outside interests. May God from getting AIDS. But our solution is off of those people who could not pos- have mercy on all of our souls. This is not to destroy the intellectual prop- sibly afford the $10,000 for those drugs. a tragedy. erty law of the United States, a law We are going to protect our profits and Mr. WOLF. Mr. Chairman, I yield 2 which is founded in our own Constitu- allow people in developing nations to minutes to the gentleman from Cali- tion and produced a country that won die. This country is so much more com- fornia (Mr. CUNNINGHAM). more Nobel Prizes than any other passionate than that. They want us, in Mr. CUNNINGHAM. Mr. Chairman, country. The answer is funding for pro- the face of this crisis, which supersedes the gentlewoman from California has grams like UNAIDS. I helped found the all of the plagues in history and com- got the most noble of intent in this UNAIDS program in 1986 as a staffer bined deaths of all the wars, to take ac- particular legislation. I have no doubt. for John Porter. And funding for that tion to do everything we can to save But I do not think, not that I do not program went from $25 million to over lives around the globe. That is the only think, I know, that in this particular $1 billion. Hope, research, and funding intention of this amendment. I urge its case, it is not just about intellectual for UNAIDS is the answer, not throw- support. property rights. It is not just about the ing scientists out of work upon whom Ms. WATERS. Mr. Chairman, I yield pharmaceuticals. Our point is, is that our hope depends. 1 minute to the gentlewoman from pharmaceuticals in almost every one of Ms. WATERS. Mr. Chairman, I yield California (Ms. LEE). our districts. They go out and they try 3 minutes to the gentlewoman from Il- Ms. LEE. Mr. Chairman, I thank the to survive producing new medicines. linois (Ms. SCHAKOWSKY). gentlewoman for yielding me this time. 1945 Ms. SCHAKOWSKY. Mr. Chairman, I Let me just say as I sit here listening b thank the gentlewoman from Cali- to this debate, I am very troubled by FDA goes through and takes some- fornia for yielding me this time. I am how it has degenerated into a debate times years to get the okay, and many proud to support the Waters-Kucinich about intellectual property rights as of these companies actually go out of amendment and urge its passage. compared to saving lives. It is really an business; they do not survive. But a few Just imagine for a minute if the unfair debate, because there is no com- of them have been fortunate enough to United States Government decided it parison in terms of what we are talking get through. And then our own laws,

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.206 pfrm01 PsN: H18PT1 H4186 CONGRESSIONAL RECORD — HOUSE July 18, 2001 many times the patent runs out just like it. You are going to interfere with government labs have manufactured five ge- about the time that they get their new their ability to make a profit. They do neric AIDS medications since the mid 1990’s drug, new wonder drug okayed; and not want to give the power to a coun- under the national emergency provisions of they have just a short time to recoup try to be able to take care of its own the compulsory licensing system of the WTO. any loss, or even make a profit, or even with cheap drugs. They distribute these medicines without keep from going out of business. The young people are demonstrating, charge. Should not Africa also be able to cre- If we just give these medicines away, because they know that these policies ate their own generic AIDS drugs? if we violate those intellectual prop- are influenced, developed, in the back 6,000 people die in sub-Sahran Africa each erty rights, we force them to stop pro- room. We do not even know who is sit- day of HIV/AIDS. How many more African chil- ducing new medicines for the future. It ting on these panels at the WTO. Most dren, mothers, and fathers must die from this is not about profit. It is about the fact of the Members of Congress do not pay deadly disease before we open up our eyes that those new medicines, which the a lot of attention to the World Trade and our hearts to the pain and suffering of our previous gentleman spoke very elo- Organization. Most of the Members of brothers and sisters in Africa. I believe, as do quently about, would not be produced, Congress are not in the business of di- my colleagues who support this amendment, not only now, but in the future. recting our United States Trade Rep- that intellectual property rights can not, and We stand on the edge. This is going resentative. must not, be placed above the right for all to be the decade, I really believe, and I But I want to say what we do here human beings, to live a full and productive life. am on the Subcommittee on Labor, this evening helps to define all of that. I urge my colleagues on both sides of the Health and Human Services and Edu- It helps the world to understand where aisle to support the Waters-Kucinich Amend- cation, from stem cell research to the we stand when it gets down to the peo- ment. genome program to new research, we ple versus the multinationals, and Mr. RUSH. Mr. Chairman, I rise in support stand on the edge of biomedical re- whether or not we are going to use our of Representative WATERS’ and Representa- search and new medicines. If we shut power on behalf of people, just little tive KUCINICH’s amendment to restore the abil- down the companies that are discov- people, just poor people, just dying peo- ity of developing countries to make HIV/AIDS ering these very medicines, then not ple, or whether, in the final analysis, drugs available to their citizens. While I under- just the people that are infected with we do not have the will or the guts to stand the importance of the intellectual prop- HIV, and I think it is terrible about the stand up to multinational corporations erty rights of the companies that create these number of people, and the gentle- who say ‘‘protect us.’’ vital drugs, my conscience compels me to woman is exactly right, there are en- Mr. BLUMENAUER. Mr. Chairman, I come support this amendment. I must support this tire civilizations that are dying, and to the House Floor tonight in strong support amendment out of a sense of morality and there are children that do not have for more action by developed countries and concern for my fellow mankind in Africa and homes because their parents are dying more leadership from the United States in other developing countries. of HIV, or even it has been transmitted fighting the AIDS epidemic, especially in de- HIV/AIDS is ravaging developing countries to them at birth. So it is not a question veloping countries. It is important that in addi- and wiping out a whole generation of men and about not caring; it is a question of tion to increased U.S. investment, we encour- women. More than 25 million Africans are now caring not only now, but for the future. age creativity and investment from NGOs and living with HIV and last year alone, 2.4 million Mr. WOLF. Mr. Chairman, I yield 3 the private sector to combat the AIDS crisis. Africans died from the disease. Sub-Saharan minutes to the gentlewoman from Cali- While I support the positive intent of this African women are now the fastest-growing fornia (Ms. WATERS). amendment, the language included is much HIV-positive population. Ms. WATERS. Mr. Chairman, I thank too broad. I fear this amendment could have The loss of mothers and fathers in Sub-Sa- the gentleman for yielding me time. unintended consequences and will vote haran Africa has resulted in a new social epi- Mr. Chairman, we were just in a de- against it. demic: parentless children. Two-thirds of bate back here about how we license so Mr. CONYERS. Mr. Chairman, I rise today 500,000 orphaned children in South Africa lost many products and the power that we in support of the Waters-Kucinich amendment parents to HIV/AIDS, and over 30% of the have, and we were just discussing that to the Commerce-Justice-State Appropriations children born to HIV+women will develop pedi- in relationship to this amendment and for fiscal year 2002. The Waters-Kucinich atric AIDS. I have witnessed the orphanages what tremendous accomplishments amendment would restore the ability of devel- overflowing with children who have lost par- could be made with this simple step oping countries to pass laws for the purpose ents to this disease and it is astonishing. that we take here this evening. of making HIV/AIDS drugs available to their I commend the pharmaceutical companies Mr. Chairman, let me say something: citizens. The Waters-Kucinich amendment who have made efforts to provide HIV/AIDS we sit back and we watch young people would prohibit future WTO complaints, thereby medications available to Sub-Saharan Africa. protest against the WTO. When they giving developing countries the flexibility to Also, I thank the 39 pharmaceutical compa- were up in Seattle, many people were provide cost effective treatment for people with nies for placing humanitarian concerns over just appalled at the fact that they HIV/AIDS. In the 35 years that I have worked profits by dropping their suit against the South staged the kind of protests that they in this wonderful House, I must say this is one African HIV/AIDS law earlier this year. did; and many people did not under- of the most important amendments ever of- However, if we do not act now whole cul- stand it, because they did not under- fered on the floor of this House! tures may perish before our very eyes. If we stand the WTO and the powers of the Mr. Chairman, Dr. Peter Piot, Director of do nothing, our tacit acceptance of the HIV/ WTO. They did not understand that we UNAIDS, has stated time and time again than AIDS crisis in Africa and other developing have created this monstrous organiza- 95% of the African people who are infected countries is unforgivable. We must pass this tion that is very much influenced by with HIV/AIDS can not afford AIDS anti- amendment and allow developing countries the multinational corporations of the retroviral drugs. This means that if current the flexibility they need to provide cost-effec- world, many times overriding the will WTO policies are not changed, then the 25 tive treatment for people with HIV/AIDS. If for of elected bodies, legislatures, par- million people in Africa who are now infected no other reason, we should pass this amend- liaments, and congresses. with HIV/AIDS will receive an ‘‘unnecessary ment for the children whose parents these The young people get it. They under- death sentence’’ due to the sole fact that Afri- drugs can keep alive. stand something is not right. And that can countries simply cannot afford the price of Mr. FRELINGHUYSEN. Mr. Chairman, I rise something is demonstrated here to- anti-retroviral drugs. Death by AIDS is not, in opposition to the Waters Amendment. night. That something that they rally and should not be a partisan issue; this is We are all concerned about the AIDS epi- and they protest about is the fact that about something much deeper, more pro- demic in Africa and we should do more. Presi- there is an organization that has the found, and more spiritual than the current de- dent Bush and Secretary Powell have pro- power to rule in favor of multinational bate we are having tonight. This is about posed a broad new initiative to help African corporations, to protect their patents, whether or not there will be 40 million orphans countries address this horrible epidemic and even when, even when these countries, in Africa in the year 2015 because the African Chairman HYDE is working on that $1 billion who need the medicines, could produce people can not afford the obscene prices of initiative. And as a Member of the Appropria- their own. But the rules of this game pharmaceutical AIDS drugs. tions Committee, we just completed work on a say that, no, you cannot do it, because African countries should be allowed to take Foreign Operations bill that doubles the U.S. the multinational corporations do not care of their own health problems. In Brazil, contribution to fight global AIDS.

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 9920 E:\CR\FM\K18JY7.210 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4187

But in our efforts to help the world commu- vesting and sale of human organs from Mr. WU. Mr. Chairman, I yield 13⁄4 nity address the spread of HIV and AIDS, we executed prisoners is a gross, gross vio- minutes to the gentlewoman from Cali- should not sacrifice the rightful ownership and lation of human rights. Under even fornia (Ms. PELOSI). control of American innovations and products Chinese law, this practice is illegal. Ms. PELOSI. Mr. Chairman, I thank that help keep men, women and children Under our laws, we have very strong the gentleman for yielding me time, healthy both at home and overseas. protections about what prisoners can and I thank him for bringing this very In point of fact, because we do protect intel- do with their donated organs. important issue to the attention of the lectual property rights, our country’s scientists Mr. Chairman, the gentleman from Congress. and companies have led the way in devel- Virginia (Chairman WOLF) and I both I appreciate the work that is behind oping the very AIDS treatments that we are share concerns about the Chinese Gov- the gentleman’s effort to stop the un- trying to get to the people of Africa. It is also ernment’s poor human rights practices. lawful organ transplant without con- the very same system of intellectual property That illegal organ harvesting from sent in China. I say ‘‘unlawful,’’ be- protection that will lead to the next generation prisoners is not just profoundly objec- cause even under Chinese law, as the of much needed AIDS treatments. tionable, it strikes at the very heart of gentleman pointed out, this practice is Without protecting new innovations and what it means to be a human being. not allowed. products, where will the next and better treat- I hope that this House will stand I thank the distinguished chairman ments for AIDS and so may other diseases with me. We need to do everything we for his very thoughtful remarks as come from? can to stop this practice. At a min- well, and I have every confidence that We should do more to help fights AIDS imum, at a minimum, we need to bar he will be effective in what he is trying around the globe. We will do more to help the entry of people who have partici- to do here. I just want to read from the Year 2000 fight AIDS around the globe. This amendment pated in this practice from entering State Department Human Rights Re- is simply not the remedy for addressing the into the United States. port: ‘‘In recent years, credible reports very real needs of people suffering from AIDS Mr. Chairman, I reserve the balance have alleged that organs from some ex- around the globe. of my time. Mr. WOLF. Mr. Chairman, I yield Mr. WOLF. Mr. Chairman, I continue ecuted prisoners were removed, sold, back the balance of my time. to reserve my point of order. and transplanted. Officials have con- The CHAIRMAN. The question is on Mr. Chairman, I want to commend firmed that executed prisoners are among the sources of organs for trans- the amendment offered by the gentle- the gentleman from Oregon (Mr. WU) plants but maintain the consent is re- woman from California (Ms. WATERS). for this amendment. We have been try- The question was taken; and the ing to be faithful on amendments that quired from prisoners or their relatives Chairman announced that the noes ap- were out of order to object, just like we before the organs are removed.’’ In- peared to have it. did on the last one. However, I will do deed, that would be under the law of Ms. WATERS. Mr. Chairman, I de- everything I can to see that this is in China, if the prisoners’ body is not claimed, with the consent of the pris- mand a recorded vote. the final bill. The CHAIRMAN. Pursuant to clause Here is a statement that was pre- oner, or with the prior consent of the 6 of rule XVIII, further proceedings on sented at a hearing before the Sub- prisoner’s family. But the fact is, as our own Deputy the amendment offered by the gentle- committee on International Relations Secretary for Democracy, Secretary woman from California (Ms. WATERS) and Human Rights on June 27 by Wang Parmly, has stated before Congress, will be postponed. Guoqi, a physician from the People’s ‘‘Bodies are also routinely cremated AMENDMENT NO. 40 OFFERED BY MR. WU Republic of China. Mr. Wang was a skin immediately after a sentence is carried Mr. WU. Mr. Chairman, I offer an and burn specialist at the Paramilitary out, making it impossible even for amendment. Police General Brigade Hospital. He those families who are able to claim a The CHAIRMAN. The Clerk will des- writes that his work ‘‘required me to family member’s remains to determine ignate the amendment. remove skin and corneas from the whether or not the body has been used The text of the amendment is as fol- corpses of over 100 executed prisoners, for medical purposes.’’ lows: and, on a couple of occasions, victims Then further to that point, execution Amendment No. 40 offered by Mr. WU: of intentionally botched executions.’’ is often not announced in advance until At the end of the bill, insert after the last In very graphic examples, Mr. Wang de- within hours of the execution. With section (preceding the short title) the fol- scribes how he has harvested the skin lowing: China’s vast geography, such short no- off of a man who was still living and tices often make it impossible for fami- TITLE VIII—ADDITIONAL GENERAL breathing. lies to travel to claim the body on such PROVISIONS This is one of the reasons why I am short notice. SEC. 801. None of the funds made available opposed to granting MFN or PNTR to This is a very smart amendment. in this Act may be used to process an appli- the Chinese Government. The gen- cation under the Immigration and Nation- This is a very smart amendment be- ality Act, or any other immigration law, tleman is exactly right, and we will do cause so many of the people doing submitted by or on behalf of an alien who everything we can to see that his these organ transplants get their train- has been directly or indirectly involved in amendment in any way we possibly can ing under good intentions in the United the harvesting of organs from executed pris- is carried in the bill. States, but then go use it in China for oners who did not consent to such har- The reason we are objecting on a a bad reason. This is a very targeted vesting. point of order is in fairness to the oth- way to address the problem. I commend Mr. WOLF. Mr. Chairman, I reserve a ers, the gentlewoman from California, the gentleman for his very smart, tar- point of order, and I claim the time in the gentleman from Indiana and oth- geted, focused amendment, and hope opposition. ers, to maintain the consistency. But the distinguished chairman will make The CHAIRMAN. The gentleman we will do everything we can. I think it it part of the bill. from Oregon (Mr. WU) and the gen- is a good amendment, what the gen- Mr. WOLF. Mr. Chairman, I yield 11⁄2 tleman from Virginia (Mr. WOLF) each tleman is trying to do. minutes to the gentlewoman from will control 5 minutes. I would also like to have an oppor- Florida (Ms. ROS-LEHTINEN). The Chair recognizes the gentleman tunity to have INS and Justice and Ms. ROS-LEHTINEN. Mr. Chairman, from Oregon (Mr. WU). State maybe come up, or we can meet I thank the gentleman for yielding me Mr. WU. Mr. Chairman, I yield myself in the gentleman’s office, whereby we time. such time as I may consume. can sit down to see how we can fashion Mr. Chairman, I rise in support of Mr. Chairman, I would like to recog- something to see that the gentleman’s this amendment. The Subcommittee on nize the chairman for his leadership in purposes and goals of what he wants to International Operations and Human human rights issues around the world do are accomplished. Rights, which I chair, held a hearing a and particularly in China. I believe I thank the gentleman for offering few weeks ago on the China’s terrible that my amendment addresses a the amendment. practice of harvesting organs of exe- human rights issue of profound impor- Mr. Chairman, I reserve the balance cuted prisoners. The horrific stories re- tance. The practice of the illegal har- of my time. layed by our witnesses motivated me

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.081 pfrm01 PsN: H18PT1 H4188 CONGRESSIONAL RECORD — HOUSE July 18, 2001 to file several pieces of legislation co- making sure we stand up for this moral bones, and corneas for research and experi- sponsored by the gentleman from Vir- position. mental purposes. I learned the process of pre- ginia (Mr. WOLF) and which does pre- Mr. WOLF. Mr. Chairman, I yield 30 serving human skin and tissue for burn vic- cisely this. seconds to the gentleman from Cali- tims, and skin was subsequently sold to It seeks to ensure the U.S. does not needy burn victims for 10 RMB per square fornia (Mr. CUNNINGHAM). centimeter. become an accomplice to the promul- Mr. CUNNINGHAM. Mr. Chairman, After completing my studies in Beijing, gation of such a deplorable practice. the gentleman from Oregon asked me and returning to Tianjin’s Paramilitary Po- One of these bills has as one of its earlier in the day if I would support lice General Brigade Hospital, I assisted hos- provisions the prohibition of visas to this, and I said yes. I do not think ev- pital directors Liu Lingfeng and Song Heping be awarded to those who engage in the erybody in China is evil, but I do think in acquiring the necessary equipment to harvesting, transplantation, and traf- there are evil people in the govern- build China’s first skin and tissue store- ficking in harvested organs from exe- ment, and I think there are atrocities house. Soon afterward, I established close ties with Section Chief Xing, a criminal in- cuted prisoners. going on which the gentleman is trying China’s Communist regime has a lu- vestigator of the Tianjin Higher People’s to get to, all the way from Germany Court. crative industry in the field of organ with the experiments that went on Acquiring skin from executed prisoners transplantation, which not only yields there to the even alleged nonprisoners usually took place around major holidays or great financial rewards, but it provides being executed and killed for inter- during the government’s Strike Hard cam- the regime with a very powerful tool to national marketing. paigns, when prisoners would be executed in coerce and intimidate the population Mr. Chairman, I rise in strong sup- groups. Section Chief Xing would notify us of into submission. It executes more pris- port of the gentleman’s amendment, upcoming executions. We would put an order in for the number of corpses we’d like to dis- oners each year than all of the other and I thank him for offering it. countries combined, with experts such sect, and I would give him 300 RMB per ca- Mr. WU. Mr. Chairman, I yield myself daver. The money exchange took place at the as Amnesty International estimating the remaining time. Higher People’s Court, and no receipts or that the numbers could reach 1,000 exe- I just want to close by saying that it evidence of the transaction would be ex- cutions per year in each city. is absolutely imperative that we set changed. Evidence further indicates that 90 universal standards for human con- Once notified of an execution, our section percent of all transplants performed in duct. What we are seeking to reach would prepare all necessary equipment and China use organs taken from executed through this amendment is illegal arrive at the Beicang Crematorium in plain prisoners. The payment for these or- under Chinese law. It is illegal under clothes with all official license plates on our vehicles replaced with civilian ones. This gans and transplants are in the tens of American law. It is already prohibited thousands, and increasing as the de- was done on orders of the criminal investiga- to permit individuals like this from en- tion section. Before removing the skin, we mand continues to grow. Government tering the United States by current ex- would cut off the ropes that bound the crimi- sanctioning of organ harvesting from clusion standards under U.S. immigra- nals’ hands and remove their clothing. Each prisoners began in 1979, but the evil na- tion law. But at core what this amend- criminal had identification papers in his or ture of this practice does not stop ment strikes at is a practice which her pocket that detailed the executes name, there. strikes at what it means to be a human age, profession, work unit, address, and I ask my colleagues to support this being. crime. Nowhere on these papers was there amendment. Congress must not allow Mr. WOLF. Mr. Chairman, I yield any mention of voluntary organ donation, this horrific situation to go unchal- and clearly the prisoners did not know how myself such time as I may consume to their bodies would be used after death. lenged. submit the testimony that was given We had to work quickly in the cremato- b 2000 before the subcommittee under the ju- rium, and 10–20 minutes were generally enough to remove all skin from a corpse. Mr. WU. Mr. Chairman, I yield 1 risdiction of the gentlewoman from OS-LEHTINEN), which Whatever remained was passed over to the minute to the gentleman from Cali- Florida (Ms. R verifies everything that the gentleman crematorium workers. Between five and fornia (Mr. ROHRABACHER). said. eight times a year, the hospital would send a Mr. ROHRABACHER. Mr. Chairman, number of teams to execution sites to har- first and foremost, I would like to con- TESTIMONY OF WANG GUOQI, FORMER DOCTOR vest skin. Each team could process up to gratulate the gentleman from Oregon AT A CHINESE PEOPLE’S LIBERATION ARMY four corpses, and they would take as much as HOSPITAL (Mr. WU), my colleague. was demanded by both our hospital and fra- What we are doing here today and, My name is Wang Guoqi and I am a 38- ternal hospitals. Because this system al- year-old physician from the People’s Repub- lowed us to treat so many burn victims, our hopefully, what we will be permitted to lic of China. In 1981, after standard childhood do is to send a message to those people department became the most reputable and schooling and graduation, I joined the Peo- profitable department in Tianjin. who are committing criminal acts ple’s Liberation Army. By 1984, I was study- Huge profits prompted our hospital to urge against the people of China, saying ing medicine at the Paramilitary Police other departments to design similar pro- they will be held accountable. Doctors Paramedical School. I received advanced de- grams. The urology department thus began who are participating in crimes against grees in Surgery and Human Tissue Studies, its program of kidney transplant surgeries. humanity, which the harvesting of or- and consequently became a specialist in the The complexity of the surgery called for a gans is all about, they will be held ac- burn victims unit at the Paramilitary Police price of $120–150,000 RMB per kidney. Tianjin General Brigade Hospital in Tianjin. With such high prices, primarily wealthy countable. They will not be treated My work required me to remove skin and or high-ranking people were able to buy kid- like any other individual or any other corneas from the corpses of over one hundred neys. If they had the money, the first step doctor from around the world who executed prisoners, and, on a couple of occa- would be to find a donor-recipient match. In wants to come to the United States. sions, victims of intentionally botched exe- the first case of kidney transplantation in Tomorrow, we will debate and discuss cutions. It is with deep regret and remorse August, 1990, I accompanied the urology sur- permanent Normal Trade Relations for my actions that I stand here today testi- geon to the higher court and prison to col- with China. China is a criminal coun- fying against the practices of organ and tis- lect blood samples from four death-row pris- try as well at this time. Their govern- sue sales from death row prisoners. oners. The policeman escorting us told the My involvement in harvesting the skin ment should not be treated as we treat prisoners that we were there to check their from prisoners began while performing re- health conditions; therefore, the prisoners any other friendly and democratic gov- search on cadavers at the Beijing People’s did not know the purpose for their blood ernment. They should be held account- Liberation Army Surgeons Advanced Studies samples or that their organs might be up for able. That is a government that is run School, in Beijing’s 304th Hospital. This hos- sale. Out of the four samplings, one basic and by gangsters and criminals. They pital is directly subordinate to the PLA, and sub-group blood match was found for the re- should be held accountable. We should so connections between doctors and officers cipient, and the prisoner’s kidneys were not give them that trade status. Indi- were very close. In order to secure a corpse deemed fit for transplantation. viduals in China who are part of that from the execution grounds, security officers Once a donor was confirmed, our hospital and court units were given ‘‘red envelopes’’ held a joint meeting with the urology de- regime and take part in these crimi- with cash amounting to anywhere between partment, burn surgery department, and op- nals acts also should be held account- 200–500 RMB per corpse. Then, after execu- erating room personnel. We scheduled ten- able. tion, the body would be rushed to the au- tative plans to prepare the recipient for the Mr. Chairman, my hat is off to the topsy room rather than the crematorium, coming kidney and discussed concrete issues gentleman from Oregon (Mr. WU) for and we would extract skin, kidneys, livers, of transportation and personnel. Two days

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.215 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4189 before execution, we received final confirma- that no other job matched my skills. I began ing law in violation of clause 2(c) of tion from the higher court, and on the day of to refuse to take part in outings to execution Rule XXI. the execution, we arrived at the execution sites and crematoriums, to which the hos- As recorded in Deschler’s Precedents, site in plain clothes. In the morning, the do- pital responded by blaming and criticizing volume 8, chapter 26, section 52, even nating prisoner had received a heparin shot me for my refusals. I was forced to submit a to prevent blood clotting and ease the organ pledge that I would never expose their prac- though a limitation might refrain from extraction process. When all military per- tices of procuring organs and the process by explicitly assigning new duties to offi- sonnel and condemned prisoners would arrive which the organs and skin were preserved cers of the government, if it implicitly at the site, the organ-donating prisoner was and sold for huge profits. They threatened requires them to make judgments and brought forth for the first execution. me with severe consequences, and began to determinations not otherwise required At the execution site, a colleague, Xing train my replacement. Until the day I left of them by law, then it assumes the Tongyi, and I were responsible for carrying China in the spring of 2000, they were still the stretcher. Once the hand-cuffed and leg- character of legislation and is subject harvesting organs from execution sites. to a point of order under clause 2(c) of ironed prisoner had been shot, a bailiff re- I hereby expose all these terrible things to moved the leg irons. Xing Tongyi and I had the light in the hope that this will help to Rule XXI. 15 seconds to bring the executee to the wait- put an end to this evil practice. The proponent of a limitation as- ing ambulance. Inside the ambulance, the sumes the burden of establishing that Mr. Chairman, having said that, I best urologist surgeons removed both kid- any duties imposed by the provisions think it is a good amendment and, neys, and rushed back to the waiting recipi- are already required by law. ent at the hospital. Meanwhile, our burn sur- hopefully, we can take it and fashion it The Chair finds that the limitation gery department waited for the execution of and shape it so that when this final bill proposed in the amendment offered by the following three prisoners and followed comes out it is in there, and I look for- the gentleman from Oregon (Mr. WU) their corpses to the crematorium where we ward to the meeting with INS to see does more than merely decline to fund removed skin in a small room next to the how we can work this out. furnaces. Since our director had business ties the processing of applications under Mr. Chairman, I yield back the bal- with the Tianjin Ophthalmologic Hospital the Immigration and Nationality Act. ance of my time. and Beijing’s 304th Hospital, he instructed us Rather, it seeks to restrict funding for The CHAIRMAN. Does the gentleman to extract the executee’s corneas as well. such processing only when the appli- Although I performed this procedure near- insist on his point of order? ly a hundred times in the following years, it cant has been involved with the har- POINT OF ORDER vesting of organs directly or indirectly. was an incident in October 1995 that has tor- Mr. WOLF. Mr. Chairman, I insist on tured my conscience to no end. We were sent Compliance with the amendment to Hebei Province to extract kidneys and my point of order. would require the relevant Federal offi- skin. We arrived one day before the execu- The CHAIRMAN. The gentleman will cials receiving funds in this act to tion of a man sentenced to death for robbery state it. make an investigation into whether and the murder of a would-be witness. Before Mr. WOLF. I insist on my point of the individuals filing the application execution, I administered a shot of heparin order against the amendment because have been involved in such harvesting, to prevent blood clotting to the prisoner. A it proposes to change existing law and directly or indirectly. nearby policeman told him it was a tranquil- constitutes legislation in an appropria- The proponent of this amendment izer to prevent unnecessary suffering during tions bill and, therefore, it violates the execution. The criminal responded by has not carried the burden of proving giving thanks to the government. clause 2 of Rule XXI. that the relevant Federal officials are At the site, the execution commander gave The CHAIRMAN. Does any Member presently charged with making this in- the order, ‘‘Go!,’’ and the prisoner was shot wish to be heard on the point of order? vestigation in every instance. The sec- to the ground. Either because the execu- The Chair recognizes the gentleman tion cited by the gentleman does not tioner was nervous, aimed poorly, or inten- from Oregon (Mr. WU). require this specific determination. tionally misfired to keep the organs intact, Mr. WU. Mr. Chairman, I look for- On these premises, the Chair con- the prisoner had not yet died, but instead lay ward to working with the chairman on convulsing on the ground. We were ordered cludes that the amendment offered by to take him to the ambulance anyway where this issue. I do not believe that this the gentleman from Oregon proposes to urologists Wang Zhifu, Zhao Qingling and amendment is subject to a point of change existing law. Liu Oiyou extracted his kidneys quickly and order. Accordingly, the point of order is precisely. When they finished, the prisoner Under current immigration law, 8 sustained. was still breathing and his heart continued U.S.C. 1182, also known as section 212, Mr. WU. Mr. Chairman, I ask unani- to beat. The execution commander asked if under section 212(3)(b)(i)(I), this group mous consent to address the House for they might fire a second shot to finish him of people is already prohibited from en- 1 minute. off, to which the country court staff replied, tering the United States as those terms The CHAIRMAN. Is there objection ‘‘Save that shot. With both kidneys out, there is no way he can survive.’’ The urolo- are defined under section to the request of the gentleman from gists rushed back to the hospital with the 212(3)(b)(ii)(IV). Oregon? kidneys, the county staff and executioner Again, I believe that this amendment There was no objection. left the scene, and eventually the para- is not subject to a point of order. The Mr. WU. Mr. Chairman, if this prac- military policemen disappeared as well. We provisions of section 212 are not per- tice were going on in Canada, we would burn surgeons remained inside the ambu- missive, they are mandatory. I have have stopped it long ago. If this prac- lance to harvest the skin. We could hear peo- with me here a form, an immigration tice were going on with people that we ple outside the ambulance, and fearing it was form, which every person entering the thought were very much like us, I the victim’s family who might force their think we would have stopped it cold way inside, we left our job half-done, and the United States must fill out; and here, half-dead corpse was thrown in a plastic bag in this section, is a series of check long, long ago. onto the flatbed of the crematorium truck. boxes mandated by section 212. I look very much like the folks whose As we left in the ambulance, we were pelted One cannot skip that section. One organs are being harvested. If you cut by stones from behind. cannot fill out some of the sections and me, will I not bleed? If you kill my After this incident, I have had horrible, re- not others. One must fill out the entire children, will my heart not cry out in occurring nightmares. I have participated in section, and that section is mandated sorrow? And if you deny me justice, a practice that serves the regime’s political by section 212. Under current law, the will my soul not cry out for justice? and economic goals far more than it benefits In this instance, in this instance, we the patients. I have worked at execution INS must, must make determinations sites over a dozen times, and have taken the as to whether this category of people live to fight another day; and I look skin from over one hundred prisoners in are excludable; and, therefore, I think forward to working with the chairman crematoriums. Whatever impact I have made that the point of order fails. of this subcommittee to make this law in the lives of burn victims and transplant The CHAIRMAN. Do other Members this year. I thank my colleagues for patients does not excuse the unethical and wish to be heard on the point of order? the indulgence of the House. immoral manner of extracting organs. If not, the Chair is prepared to rule. AMENDMENT NO. 3 OFFERED BY MR. HINCHEY I resolved to no longer participate in the organ business, and my wife supported my The gentleman from Virginia (Mr. Mr. HINCHEY. Mr. Chairman, I offer decision. I submitted a written report re- WOLF) makes a point of order that the an amendment. questing reassignment to another job. This amendment offered by the gentleman The CHAIRMAN. The Clerk will des- request was flatly denied on the grounds from Oregon proposes to change exist- ignate the amendment.

VerDate 19-JUL-2001 06:00 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.083 pfrm01 PsN: H18PT1 H4190 CONGRESSIONAL RECORD — HOUSE July 18, 2001 The text of the amendment is as fol- ommended the medical use of mari- have a high potential for abuse, lack lows: juana. any currently accepted use as a med- Amendment No. 3 offered by Mr. HIN- Here at home, however, our Federal ical treatment, or are unsafe, even CHEY: Government has been unequivocal in under medical supervision. At the end of the bill (before the short its opposition to the citizen-led initia- b 2015 title), insert the following: tives in these nine States. After Cali- TITLE VIII—ADDITIONAL GENERAL fornia voters approved Proposition 215 The gentleman’s amendment would PROVISIONS in 1996, the Clinton Justice Department restrict the Department of Justice, in SEC. 801. None of the funds made available brought suit against both doctors and particular DEA, from using the funds in this Act to the Department of Justice distributors in an attempt to shut to investigate people who use mari- may be used to prevent the States of Alaska, down the new law. Federal laws upheld juana under the guise of medical pur- Arizona, California, Colorado, Hawaii, the right of doctors to talk to their pa- poses. I believe that would be the Maine, Nevada, Oregon, or Washington from tients about medical marijuana. wrong signal to send. I oppose the implementing State laws authorizing the use amendment. of medical marijuana in those States. The Supreme Court, however, re- The CHAIRMAN. Pursuant to the cently ruled that it is a violation of Mr. Chairman, I reserve the balance order of the House of today, the gen- Federal law to distribute marijuana for of my time. Mr. HINCHEY. Mr. Chairman, I yield tleman from New York (Mr. HINCHEY) medical purposes. Despite State laws and a Member opposed each will con- that protect patients and cannabis 3 minutes to the gentlewoman from trol 10 minutes. clubs from State prosecution, the California (Ms. PELOSI). The Chair recognizes the gentleman United States Supreme Court cleared Ms. PELOSI. Mr. Chairman, I thank from New York (Mr. HINCHEY). the way for the Federal Government to the gentleman for yielding time to me Mr. HINCHEY. Mr. Chairman, I yield enforce Federal laws against these in- and commend him for his courage in myself such time as I may consume. dividuals. bringing this amendment to the floor. This amendment is a simple limita- Attorney General Ashcroft has not Mr. Chairman, I rise in support of the tion that would prevent the Justice De- indicated whether he will instruct the Hinchey amendment to prevent Fed- partment from using any of the funds local U.S. Attorneys to enforce this de- eral interference with State laws that appropriated to it by this bill to inter- cision which makes passage of this allow the use of marijuana for medic- fere with the implementation of State amendment critical to the States that inal purposes, medicinal purposes only. medical marijuana laws. have enacted medical marijuana laws. Mr. Chairman, I know this is a very During the past 5 years, nine States, This amendment would prevent the difficult issue for Members to under- Alaska, Arizona, California, Colorado, Justice Department from arresting, stand, and that is why I commended Hawaii, Maine, Nevada, Oregon and prosecuting, suing or otherwise dis- the gentleman from New York (Mr. Washington State, have passed laws couraging doctors, patients and dis- HINCHEY) for his courage. Over the past that decriminalize the use of mari- tributors in those States from acting 2 decades in my city of San Francisco, juana for medicinal purposes. With the in compliance with their own State we have lost nearly 19,000 people to exception of Hawaii, all of these laws laws. AIDS, about 10,000 people a decade. I were adopted by citizen referenda. The This amendment in no way endorses have seen the suffering that accom- average vote in these States was in ex- marijuana for recreational use. It does panies the advanced stages of this dis- cess of 60 percent in favor. not reclassify marijuana to a less re- ease far too many times. I could name These laws are not free-for-alls that strictive schedule of narcotic. It does the names of people that I have min- open the door to wholesale legaliza- not require any State to adopt a med- istered the needs of in their dying days. tion, as critics claim. Rather, in every ical marijuana law. It will not prevent Proven medicinal uses of marijuana case, they specify in great detail the Federal officials from enforcing drug include alleviation of some of the most illnesses for which patients may use laws against drug kingpins, debilitating symptoms of AIDS, includ- medical marijuana, the amounts that narcotraffickers, street dealers, habit- ing pain, wasting, and nausea. These patients may possess, and the condi- ual criminals, addicts, recreational benefits also improve the quality of life tions under which it can be grown and users, or anyone other than people who for patients with cancer, with MS, and obtained. Most establish a State reg- comply with medical marijuana laws in other severe medical conditions. istry and an I.D. card for patients. those nine States. Mr. Chairman, opponents of medical Federal law classifies marijuana as a By limiting the Justice Department marijuana argue there are other ways Schedule 1 narcotic with no permis- in this way, we will be reaffirming the to ingest the active ingredient of mari- sible medical use. Despite the dif- power of citizen democracy and State juana, including the use of synthetic ficulty of conducting clinical trials on and local government. THC. However, we know that the drug such a drug, it has been highly effec- Mr. Chairman, I reserve the balance containing THC does not work for all tive in treating symptoms of AIDS, of my time. people. There is no logic in the asser- cancer, multiple sclerosis, glaucoma Mr. WOLF. Mr. Chairman, I claim tion that a very ill person should be and other serious medical conditions. the time in opposition. I yield myself sent to jail for using the smokeable In fact, the Institute of Medicine of the such time as I may consume, and I am form of a drug whose active ingredient National Academy of Sciences has rec- going to just briefly make some com- is currently licensed for oral use. ommending smoking marijuana for ments. Mr. Chairman, 56 percent of the vot- certain medical uses. The AIDS Action Mr. Chairman, I rise in opposition to ers in my home State of California Council, the American Academy of the amendment. The Department of passed an initiative authorizing seri- Family Physicians, the American Pre- Justice is very much opposed to the ously ill patients to take marijuana ventive Medical Association, the Amer- amendment. upon the recommendation of a licensed ican Public Health Association, Kaiser On May 14, 2001, a unanimous deci- physician. Proposition 215 has provided Permanente and the New England sion of the U.S. Supreme Court ruled thousands of Californians suffering Journal of Medicine have all endorsed that marijuana’s designation as a con- from debilitating diseases safe and supervised access to medical mari- trolled substance reaffirmed that mari- legal access to a drug that makes life a juana. juana has no medical benefits under little more bearable. Internationally, the Canadian gov- Federal law. In 1998, the Congress em- As the California Medical Associa- ernment has adopted regulations that phasized its opposition to the recently tion stated when expressing its support go into effect at the end of this month enacted State marijuana laws and stat- for medical marijuana, and I quote, for the use of medical marijuana in utory provisions entitled ‘‘Not Legal- ‘‘Statement of the California Medical that country. In addition, the British izing Marijuana for Medicinal Use’’ and Association: Patients should not suffer Medical Association, the French Min- ‘‘Rejection of Legalization of Drugs.’’ unnecessarily when other options fail.’’ istry of Health, the Israeli Health Min- In these provisions, Congress reiterated The amendment of the gentleman istry and the Australian National Task that drugs classified as a Schedule 1 from New York (Mr. HINCHEY) would Force on Cannabis have all rec- controlled substance, as is marijuana, prevent the Justice Department from

VerDate 19-JUL-2001 04:45 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.220 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4191 using any funds to interfere with the favor drug legalization.’’ Yet eight states Bruce, special agent in charge of the federal rights of California and the eight other and the District of Columbia purport to per- Drug Enforcement Agency’s San Francisco States that allow for the use of mari- mit the use of marijuana in a way wholly office. juana for medicinal purposes, for me- contrary to the explicit reading of the Con- At each site, agents found high-tech secu- trolled Substances Act explained by the Su- rity systems, along with guns and ammuni- dicinal purposes only, to alleviate the preme Court. The fringe drug legalization tion, said Bruce, who oversaw Tuesday’s suffering of their citizens. movement hopes this will send a message to raids near the communities of Laytonville, Mr. Chairman, to effectively fight our children and society that drug use is tol- Hunt Ranch, Garberville and Redway. the war on drug abuse, we must get our erable. Marijuana use is not tolerable under Mendocino County Sheriff’s Capt. Kevin priorities in order and fund treatment any circumstances. Broin accompanied drug agents who drove up and education. Making criminals of se- Accordingly, we are asking you to direct miles of rugged dirt roads to reach the six riously ill people who seek proven ther- the Department of Justice to immediately pot-growing structures that were camou- apy is not a step toward controlling seek injunctive relief in federal courts in flaged to look like houses. America’s drug problem. I urge my col- each of these states similar to the order in ‘‘At first glance, they looked like any California which was unanimously upheld by other rural home,’’ Broin said. ‘‘A couple of leagues to support the Hinchey amend- the Supreme Court in Oakland Cannabis. them were two stories, and even had wrap- ment. Since state ‘‘medical marijuana’’ initiatives around porches.’’ Mr. WOLF. Mr. Chairman, I yield 3 which purport to allow the manufacture, dis- But Broin said closer inspection revealed minutes to the gentleman from Indiana tribution or individual possession of mari- that the structures were never built with the (Mr. SOUDER). juana contrary to the Controlled Substances intention of being occupied. (Mr. SOUDER asked and was given Act are clearly unconstitutional under the ‘‘There was nothing to them on the inside. permission to revise and extend his re- Supremacy Clause, we believe that injunc- There were just four walls and a lot of mari- marks.) tive relief prohibiting such manufacturing, juana,’’ he said. Mr. SOUDER. Mr. Chairman, first distribution and individual possession is well Bruce said the structures were designed to and foremost, let us point out that warranted as a matter of law. This action elude detection by drug teams who often rely would also decisively resolve significant un- on aerial overflights to uncover large-scale were this amendment to become law, marijuana growing operations. we would raise the nullification ques- certainties with respect to marijuana which have greatly hampered federal, state and ‘‘We’ve seen places like this before but tion. I believe this has been decided in local law enforcement activities in each of never so many clustered in one region,’’ he United States history. The Supreme these areas and send a critical anti-drug said. Court has clearly decided that, in fact, message to our nation. Armed with federal warrants, teams of Federal law preempts State law in We appreciate the leadership of President local, state and federal agents early Tuesday matters that are of national concern. Bush and you in this important area and used two helicopters and a fleet of 4-wheel- I think we need to understand that in look forward to continuing to work with you drive vehicles to reach the remote pot-grow- the South Carolina example we reject to protect our families from illegal drugs. ing operations spread across sites in north- Sincerely, ern Mendocino and southern Humboldt coun- nullification, and that is, in fact, what ties. a number of States are attempting to MARK E. SOUDER, Chairman. The federal operation was dubbed ‘‘Emer- do with Federal law by circumventing BOB BARR, ald Triangle’’ in recognition of Mendocino, it through largely highly funded efforts Member of Congress. Humboldt and neighboring Trinity County by George Soros and his allies who DOUG OSE, having the dubious distinction of being the have distorted the record, distorted the Member of Congress. biggest marijuana producers in the state. Targeted on Tuesday were at least three approach, and resulted in people prey- Mr. Chairman, the Committee on ing on people’s legitimate concerns in separate marijuana-growing sites responsible Government Reform subcommittee for ‘‘operating multi-stage marijuana pro- how to deal in these very tough mini- that I chair, the Subcommittee on duction and distribution facilities in North- mal number of cases where, in fact, Criminal Justice, Drug Policy, and ern California,’’ Bruce said. marinol did not suffice to alleviate the Human Resources actually held a hear- By mid-day, he said, agents had arrested vomiting. That is really what we are ing on this subject, medical marijuana, three men, uprooted more than 14,000 pot debating, a very limited number of Federal drug law, and the Constitu- plants and seized $206,000 in cash. cases. tion’s supremacy clause that is avail- He said the raids were the culmination of Mr. Chairman, I include for the a two-year investigation. He said a federal able for people who want to look at the grand jury ultimately will review results of RECORD a letter from several of us on constitutional question. the investigation and return criminal indict- the Subcommittee on Criminal Justice, I include for the RECORD the brief to ments as necessary. Drug Policy, and Human Resources. the United States Supreme Court that ‘‘We have the outline, but we’re still not CONGRESS OF THE UNITED STATES, resulted in the national unanimous de- sure where the investigation will finally lead COMMITTEE ON GOVERNMENT REFORM, cision that State law does not reign su- us,’’ he said. Washington, DC, May 23, 2001. preme to Federal law, and two articles In this specific case, Mexican drug cartels Hon. JOHN ASHCROFT, from Mendocino, where we have actu- are not suspected of being in control, Bruce Attorney General, Washington, DC. said. In recent years, local authorities have DEAR GENERAL ASHCROFT: As members of ally seen the confrontation of the been plagued by a rash of violent incidents the Subcommittee on Criminal Justice, Drug abuse of the California law. involving armed Mexican nationals hired to Policy and Human Resources, we write to The documents referred to are as fol- guard illicit pot gardens on the North Coast. commend you on the outstanding perform- lows: ‘‘We believe the responsible people are all ance of the Justice Department in obtaining [From the Press Democrat, March 7, 2001] residents of the U.S.,’’ Bruce said. A multiagency task force including rep- a decisive Supreme Court ruling in the Oak- RAIDS REVEAL FAKE HOMES FILLED WITH resentatives of local sheriff’s departments, land Cannabis case. We urge you to now MARIJUANA FARMS move swiftly to give effect to that ruling the state Bureau of Narcotics Enforcement, 120 LOCAL, STATE, FEDERAL AGENTS TARGET 11 throughout the United States with respect to CHP, DEA, FBI and Internal Revenue Serv- GROWING OPERATIONS IN HUMBOLDT, ‘‘medical marijuana’’ provisions contrary to ice has spent two years probing the sus- the Court’s unanimous decision. MENDOCINO COUNTIES pected pot farms that were raided Tuesday. As you know, the Court’s determined that (By Mike Geniella) Part of the investigation centers on sus- the express congressional determination in UKIAH—About 120 drug agents early Tues- pected money laundering and the purchase of the Controlled Substances Act (‘‘CSA’’) that day fanned across the rugged backwoods of large tracts of remote North Coast land by marijuana and other Schedule I drugs have Mendocino and Humboldt counties, raiding unidentified individuals who subdivided the ‘‘no currently accepted medical use in treat- 11 sophisticated, indoor marijuana growing property with the specific intent of creating ment in the United States’’ (21 U.S.C. operations, including some built to look like commercial indoor marijuana-growing sites. § 812(b)(1)(B)) is clear and controlling law. houses. Mendocino County Sheriff Tony Craver and Accordingly, the CSA’s prohibitions against Authorities said there were no interior Humboldt County Sheriff Dennis Lewis on manufacturing, distribution, and possession walls in the ‘‘fake homes,’’ nor did the struc- Tuesday applauded the federal intervention. with intent to distribute controlled sub- tures have such things as kitchens or bath- ‘‘This is the kind of sophisticated drug op- stances such as marijuana (21 U.S.C. § 844(a)), rooms. Instead, the buildings contained eration that we can’t properly investigate at are the law of the land across the United thousands of marijuana plants flourishing the local level,’’ Craver said. States under the Constitution’s Supremacy under lights powered by diesel generators. Lewis said Humboldt authorities are rou- Clause. ‘‘Even though they look like houses, these tinely encountering more large-scale indoor As President Bush recently made clear, are commercial buildings built specifically marijuana growing operations, although not ‘‘we emphatically disagree with those who for growing marijuana indoors,’’ said Gilbert on the scale announced Tuesday.

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.224 pfrm01 PsN: H18PT1 H4192 CONGRESSIONAL RECORD — HOUSE July 18, 2001 He said Tuesday’s raids uncovered informa- They have a legal right to what they con- not have to contest that. These laws tion that led teams to two additional indoor sider to be medicine.’’ cannot stand up against Federal law, pot-growing sites in southern Humboldt The federal government takes strong issue but they are doing it through the County. with California’s medical marijuana law. States because this Congress and the Two brothers who live in Redway were The Drug Enforcement Administration among those arrested Tuesday on suspicion doesn’t target users but will arrest anyone President and the former President of having ties to the pot-growing operations. caught growing marijuana for profit or the were not sensitive to the cries for help Shane and Terry Miller had $200,000 in cash illegal drug market, spokeswoman Jocelyn from desperately sick people and des- in their possession at the time of their ar- Barnes said. And claiming the marijuana is perately pained people and their fami- rests Tuesday morning. Another Redway for medical use doesn’t fly under federal law, lies. We ought to yield to those cries. man, Zachary Stone, also was taken into which holds that there are no bona fide This amendment simply says, let custody at a separate residence. He had health benefits, she said. them have the relief from the pain. Let $6,000 in cash, Bruce said. Mr. Chairman, one in particular that them do it. It has nothing to do with So far, the Millers and Stone face charges I have been briefed on in one of my vis- legalization, nothing to do with de- related to weapons and possession of mari- juana for sale. Bruce said further arrests are its to northern California is up in Hum- criminalization. Those are other issues. expected. boldt County, where we had, as the But if a controlled substance is useful DEA did their raid, signs posted for pain, and, yes, we do not have de- [From Associated Press] throughout this complex that said cent studies on it because the DEA pro- (By Don Thompson) ‘‘This marijuana is for medicinal pur- hibited those studies, let us yield and COUNTY JUGGLES MARIJUANA POLICIES poses.’’ This raid, at first glance it help desperately sick people. Mr. HINCHEY. Mr. Chairman, I yield IN MENDOCINO, IT’S CITIZENS VS. DEA looked like any other rural home. A 1 minute to the gentleman from Cali- UKIAH—Here in the Emerald Triangle, couple of them were two stories and where marijuana sprouts like mushrooms even had wrap-around porches, but in- fornia (Mr. ROHRABACHER). from the forest floor, Mendocino County’s side they were growing marijuana. In Mr. ROHRABACHER. Mr. Chairman, two top cops see themselves as a buffer be- fact, there were six structures designed I was not going to get up until I heard tween drug agents and an often freewheeling to be like a housing development, and the legalistic arguments against this citizenry. once again, all around it, posted, ‘‘This proposal. District Attorney Norman Vroman and is for medicinal marijuana.’’ Let me just say, my mother passed Sheriff Tony Craver won office two years ago They uprooted more than 14,000 pot away recently. She had a major oper- with campaign pledges to set up one of the ation. I went to the hospital to visit nation’s first medical marijuana licensing plants and seized $206,000 in cash. As the sheriff in Mendocino County has her. She had lost her appetite, and she programs. Their goal, they said, is to keep was in severe pain. She had lost her ap- police from seizing legal pot gardens and said, people will not find that the po- hassling legitimate growers who register lice have gone after cases where there petite because she had been taking under a 4-year-old California law. has been any dispute whether it actu- pain medicine. When I talked to her and tried to Now both men are promising to enforce ally relieves pain. But as the police comfort her, I was very grateful that I state and federal drug laws, in part to keep chief said, ‘‘We are not going to have outside drug agents from stepping in after had voted for medical marijuana in my the law flaunted in our face.’’ voters decided last fall to bar police from State when we had the election there, When people abuse the medical mari- targeting small-time marijuana growers. because that is what she needed for her juana laws in these States and when Measure G instructed county supervisors situation where her outlook on life was they flaunt the Federal law, they can not to spend money pursuing those growing so bad, and she was in such pain. She fewer than 25 marijuana plants, and it di- expect law enforcement to come down needed to regain her appetite and could rected Vroman and Craver to make enforce- on them. We should not tie the hands ment and prosecution of small-time growers not survive without regaining her ap- of the new DEA director or others in petite. their lowest priority. the Federal government who are trying No problem, they say. Neither the district The people of my county, a very con- attorney nor the sheriff has enough staff or to protect our children and families servative county, voted overwhelm- money to go after those they call ‘‘mom and from abuse of drugs, from backdoor le- ingly for this, or it was a strong major- pop growers.’’ Not when drug cartels are im- galization and decriminalization, in ity, anyway. The fact is the Federal porting armed workers to tend and guard the name of protecting a few who are Government should not come into a thousands of marijuana plants hidden in na- struggling desperately, sometimes in State or to my area where the people tional forests and other remote areas of the their last days of life, with how to al- have thus voted because of their hu- region. leviate their pain and suffering. It up- ‘‘Twenty-five plants is a hellacious amount manitarian concerns or whatever and of marijuana. Some of the stuff they grow sets me that some would use these supersede the vote of the people. here, you can get 2 and 3 pounds off a plant,’’ poor, suffering people as a guise for This is a democracy. It is also a Fed- Vroman said. However, he said, ‘‘as a prac- backdoor legalization. eral system. When we have people at tical matter, nobody in the county got pros- Mr. HINCHEY. Mr. Chairman, I yield that level voting that a drug should be ecuted for 25 plants or 30 plants.’’ 1 minute to the gentleman from New used for medical purposes, the Federal The only time arrests were made for small York (Mr. NADLER). Government should not supersede that numbers of plants was when police were Mr. NADLER. Mr. Chairman, I thank called in for other reasons, for instance on a vote. the gentleman for yielding time to me. Mr. HINCHEY. Mr. Chairman, I yield domestic violence complaint, and saw the Mr. Chairman, someone once said marijuana, Vroman and Craver said. myself such time as I may consume. That policy will continue, and should stave that a fanatic is someone who redou- Mr. Chairman, the Federal Govern- off any crackdown by outside drug agents in bles his effort when he has forgotten ment does not regulate medical prac- the wake of Measure G, they said. his purpose. I think there are some as- tice or license it, either. That is done ‘‘We still will arrest people who shove it in pects of our drug laws can be charac- by the States. We should not interfere our face,’’ Vroman said. terized as fanatic. with the States’ conception of how I know damn well what you’d see if we We use morphine for pain, we pre- medical practice ought to be carried made a flat refusal to do it,’’ Craver said. scribe it. It is a controlled substance. I ‘‘You’d see a lot of political pressure, inter- out in those jurisdictions. We have vention, all kind of things going on here. No do not understand why marijuana, a never done so in other regards, and we doubt about that.’’ controlled substance, should not be should not do so in this one. Craver and Vroman started their medical prescribable if a doctor feels that that Mr. Chairman, a great Justice of the marijuana licensing program two years ago. drug is useful to someone who has can- Supreme Court in an earlier day made Since then, Craver’s department has issued cer or AIDS or whatever. the observation that the States should about 500 licenses to residents who produced It is up to the doctors, it is not up to be the laboratories of democracy. We a doctor’s recommendation that they use the politicians here in Congress, or it have destroyed those laboratories. We marijuana to treat an ailment, or to those ought to be. who grow the marijuana for them. are shutting down those laboratories. ‘‘We don’t want to harass an honest cit- Frankly, yes, George Soros has fund- We are closing down democracy with izen,’’ Craver said. ‘‘A lot of these people ed these referenda. In every referendum these laws. really are not criminals. These are people they have had, the people have spoken. Mr. Chairman, this amendment who really want to be law-abiding citizens. Yes, the Federal law is supreme. We do would give us the opportunity to open

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.112 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4193 those laboratories again and to give Mr. WOLF. Mr. Chairman, I thank inalize the activity of youth and adults alike. the States the freedom to experiment the gentlewoman from New York and Let us instead be quick to provide places for in the way that they think is best in the gentlewoman from Texas. The com- children to go so they need never be punished the interests of their own people. mittee will evaluate the Houston after- by those laws, Mr. Chairman, I have determined school program for juveniles to deter- I urge you to support this amendment to over the course of the last few days mine whether it is an appropriate pro- help students in one of our largest, most di- that this House is not ready to vote on gram to be funded through the Juve- verse cities in our nation. this issue at this moment. I wish it nile Justice grants in the bill. We will b 2030 were. Therefore, I have taken the op- consider the gentlewoman’s interest in portunity this evening to bring this the program as we move the bill AMENDMENT NO. 14 OFFERED BY MR. BARTLETT issue before us to give us an oppor- through Congress. OF MARYLAND tunity to discuss it in a rational and Mr. SERRANO. Reclaiming my time, Mr. BARTLETT of Maryland. Mr. logical and mature way. Mr. Chairman, I agree with my chair- Chairman, I offer an amendment. Mr. Chairman, I ask unanimous con- man that we will look at this juvenile The CHAIRMAN. The Clerk will des- sent to withdraw my amendment. delinquency program in Houston, as we ignate the amendment. The CHAIRMAN. Is there objection continue consideration on this appro- The text of the amendment is as fol- to the request of the gentleman from priations bill. lows: New York? I thank the gentlewoman for her con- Amendment No. 14 offered by Mr. BART- There was no objection. cern in once again bringing this issue LETT of Maryland: Mr. SERRANO. Mr. Chairman, I to us. The gentlewoman has our word At the end of the bill (preceding the short move to strike the last word. that we will look at it as we go along title), insert the following: Mr. Chairman, I rise for the purpose and try to help in every way that we TITLE VIII—ADDITIONAL GENERAL of a colloquy with the gentlewoman can. PROVISIONS from Texas (Ms. JACKSON-LEE). I under- Ms. JACKSON-LEE of Texas. Mr. SEC. 801. None of the funds made available stand that the gentlewoman from Chairman, I thank the gentleman from in this Act may be used to implement any Texas will not be offering further New York. I appreciate very much recommendation or requirement adopted at amendments to the bill, but I will ask the United Nations Conference on the Illicit working with the chairman and work- Trade in Small Arms and Light Weapons in her to describe a program in her dis- ing with the ranking member on this All Its Aspects (July 2001), except to the ex- trict. very important issue to our commu- tent authorized pursuant to a law enacted Ms. JACKSON-LEE of Texas. Mr. nity, and working as we go toward con- after the date of the enactment of this Act. Chairman, will the gentleman yield? ference to help us with respect to the The CHAIRMAN. Pursuant to the Mr. SERRANO. I yield to the gentle- city of Houston at-risk children’s pro- order of the House of today, the gen- woman from Texas. gram. tleman from Maryland (Mr. BARTLETT) Ms. JACKSON-LEE of Texas. Mr. Mr. Chairman, I rise to offer an amendment and a Member opposed each will con- Chairman, I thank the gentleman for that would add $2 million to the Department of trol 5 minutes. his kindness in yielding to me, and also Justice Juvenile Justice At risk Children’s Pro- The Chair recognizes the gentleman for the committee’s kindness in work- gram for the City of Houston After School Pro- from Maryland (Mr. BARTLETT). ing with me in the extensive number of gram, which the amendment inadvertently Mr. BARTLETT of Maryland. Mr. amendments that I proposed today. calls the Houston At-Risk Children’s Program. Chairman, I yield myself such time as Mr. Chairman, this is an amendment This juvenile justice program targets truancy I may consume, and then I will yield to to help with an issue that is crucial to and school violence, gangs, guns and drugs my good friend and colleague, the gen- all of us, a $2 million grant to the city other influences that lead juveniles to delin- tleman from Georgia (Mr. BARR), who of Houston’s at-risk children’s program quency and criminality. By keeping kids off the has joined me in this effort. under title V of juvenile justice. streets in after school programs, we are help- Mr. Chairman, my congressional dis- For the past 2 weeks, the United Na- ing to combat juvenile delinquency and keep tions has been hosting its convention trict has seven school districts, and we our kids and our families safe. Studies have on the Illicit Trade in Small Arms and have found statistically that after 3 shown that juvenile crime, pregnancy and a Light Weapons and all of its aspects. p.m. is the most dangerous time for our number of other problems among our youth For those who believe that the United young people. We have been successful frequently occur during the hours immediately Nations intends, if they could, to im- with after-school programs. after school and before parents arrive home. In particular, my school districts By earmarking a small portion of these pose registration, confiscation and de- speak over 90 languages. Therefore, it funds, we can help youths who attend schools struction of firearms owned by citizens is an enormously diverse community. in the largest public school system in Texas, of the United States who are otherwise As a member of the Houston City and the seventh largest in the country. The legally allowed to own firearms, their Council some years ago, I started the Houston Independent School district is also fears are confirmed by a quote from the first after-school program, which was home to our current Secretary of Education, U.N. Draft Program of Action. volunteer, in the city of Houston’s Rod Paige, and Houston is the fourth largest This is a United States document parks, where children could come and city in the country. dated January 9, 2001, and let me read stay supervised until about 12 mid- HISD is the sort of school district that we from that document: ‘‘States will es- night. It was a time when we had a want to entrust with federal funds to carry out tablish laws and procedures for the safe gang crisis, and we saw the results. a community based after school program. It and effective collection and destruc- This is a very important effort in our has become a leader in restructuring public tion of weapons which are circulating community because it has emerging education, most recently by establishing un- and available in such quantities as to populations. As I have said, our num- precedented new standards that every student contribute to high levels of crime and bers are increasing. We have found that must meet to earn promotion from one grade violence.’’ Now, Mr. Chairman, who is we are saving lives with after-school to the next. In addition, it maintains a wealth going to make the judgment of when programs. Therefore, I am very inter- of community partnerships with parents, busi- there is enough there to do that so that ested in making sure that we are able nesses, social service and governmental they can come in and confiscate and to solve some of these crises that deal agencies, colleges and universities, and civic destroy our guns? with gang violence and, as well, chil- groups that make valuable services available If this administration was going to dren who are unattended because their to the schools. The nationally recognized Vol- be the administration in perpetuity, parents by necessity have to work late unteers in Public Schools program supports the gentleman from Georgia (Mr. hours. instruction by drawing on the talents of nearly BARR) and I would not be standing Mr. Chairman, I am very concerned 36,000 Houstonians. It is the efforts of these here, because I have no concerns that and interested in this amendment. volunteers along with school personnel that this administration would do this. But Mr. WOLF. Mr. Chairman, will the can effectively turn these funds into successful they will not be here forever, and I gentleman yield? programs. think it is prudent for us to make sure Mr. SERRANO. I yield to the gen- Legislators here in Congress and at the that this kind of thing could never hap- tleman from Virginia. state level are quick to pass laws that crim- pen to our people.

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.227 pfrm01 PsN: H18PT1 H4194 CONGRESSIONAL RECORD — HOUSE July 18, 2001 At an appropriate time, I will with- There was no objection. other choice in the matter under the draw this amendment; but I would like AMENDMENT NO. 16 OFFERED BY MR. DELAHUNT language of the statute. So if Barrett to engage the chairman in a colloquy, Mr. DELAHUNT. Mr. Chairman, I says he has not finished yet, there is along with the gentleman from Geor- offer an amendment. nothing the court can do. As the judge gia, if he would, to the end that we The CHAIRMAN. The Clerk will des- put it, and I am quoting from the opin- hope to work out with him and the ad- ignate the amendment. ion, ‘‘The law literally construed may ministration report language that The text of the amendment is as fol- be that Mr. Barrett can go on forever could go into this bill in conference so lows: so long as he claims or shows active that we can make sure that it is very Amendment No. 16 offered by Mr. grand jury activity, no matter how un- clear that there is no intention that DELAHUNT: promising. We apparently have little this could ever happen in this country. At the end of the bill, insert after the last choice but to accept representations of Mr. Chairman, I yield such time as he title (preceding the short title) the fol- productive activity at face value, de- may consume to the gentleman from lowing: spite persuasive reasons for doubt.’’ Georgia (Mr. BARR) for a statement. TITLE VIII—ADDITIONAL GENERAL Well, the court’s message was clear. Mr. BARR of Georgia. Mr. Chairman, PROVISIONS Congress may have killed the Inde- I appreciate the gentleman from Mary- SEC. 801. None of the funds made available pendent Counsel Act, but like the heart land yielding me this time, and I appre- in this Act may be used after December 15, that continues to beat after the brain ciate the chairman of the sub- 2001, for any operation of the Office of Inde- is clinically dead, Mr. Barrett simply committee allowing us to engage in pendent Counsel in the investigation des- does not know how to stop, and the ignated ‘‘In re: Henry G. Cisneros’’. this colloquy. court is unable to pull the plug. As the gentleman from Maryland Mr. DELAHUNT. Mr. Chairman, after The Barrett investigation is the last knows, I spent a little bit of time this offering this amendment, I intend to gasp of a statute whose folly is now week, and last week also, at the United ask unanimous consent that it be with- generally acknowledged on both sides Nations Conference on Small Arms, drawn. Its purpose is to really send a of the aisle. If there were any remain- and I can assure the gentleman that message, and there is no need for me to ing doubt, Mr. Barrett’s performance his concern is not misplaced. I am very insist on a vote at this time. certainly reinforces the wisdom of our familiar not only with the debates that More than 2 years ago now, and I be- decision not to reauthorize the Inde- have been going on in the United Na- lieve to the collective relief of nearly pendent Counsel statute. tions, having been privy to a number of every Member of this body, the Inde- Judge Scalia had the foresight to rec- closed-door sessions up there as a mem- pendent Counsel Act expired. Since ognize that Congress had created a ber of our delegation; but I also have then, almost all of the investigations monster it would ultimately be unable read in great detail the documents that pending at that time have been to control. He even foresaw that one are, even as we speak this evening, brought to a close. Yet 2 years after day there would be a David Barrett, as being grafted and changed by the func- the expiration of the statute, one Inde- he wrote in an opinion, and again I am tionaries and the General Assembly pendent Counsel, David Barrett, is still quoting from that court opinion, members at the United Nations. going strong at the cost of some $2 mil- ‘‘What would normally be regarded as a The gentleman is absolutely correct. lion a year to the American taxpayers, technical violation may, in his or her The United Nations, through this effort with no end in sight. small world, assume the proportions of which has been going on for several Mr. Barrett was appointed in May of an indictable offense. What would nor- years and now culminates in this con- 1995 to look into charges that former mally be regarded as an investigation ference, looks to involve itself in a HUD Secretary Henry Cisneros had un- that has reached the level of pursuing very substantial way in domestic U.S. derstated to the FBI the amount of such picayune matters that it should policy in terms of furthering their goal money he had paid to a former mis- be concluded, may to him or her be an of gun registration of lawful firearms, tress. It took Mr. Barrett more than 4 investigation that ought to go on for recordkeeping, and limitations on the years and $9 million, but he eventually another year.’’ manufacture, the possession, the trans- got his man. In the fall of 1999, almost What a perfect description of the fer, and the export of firearms. 2 years ago, the former Secretary pled Barrett inquiry. And it may ultimately So I salute the gentleman from guilty to a single misdemeanor, for be up to us to put a stop to it. Maryland for bringing this very impor- which he paid a fine and a $25 assess- In his request for his most recent ex- tant matter to the attention of this ment for court costs. tension, Barrett told the court that he body. I appreciate very much the work That was the rather anticlimactic hoped, and I am using his word, and I of the chairman and the continuing end to the case involving Mr. Cisneros am quoting him, he ‘‘hoped’’ he would work of the chairman to ensure that himself, but it was not the end of Mr. complete his investigation by the end the U.N. is not allowed, insofar as this Barrett’s investigation. It seems he of this year. Fair enough. My amend- body is concerned, to involve itself in was just getting rolling. He has kept a ment would have given him until De- matters of domestic U.S. policy, as grand jury in session ever since, appar- cember 15 to wrap up his affairs so he Under Secretary John Bolton indicated ently hoping to determine whether dur- could finally turn out the lights, close in his initial remarks, and which are ing all those years someone, anyone, in the door, and look for a real job. Call it now carried on on this floor by the gen- the Government tried to shield the a ‘‘welfare-to-work’’ program. tleman from Maryland. former Secretary from his investiga- Mr. Chairman, I genuinely hope that Mr. WOLF. Mr. Chairman, will the tion. Mr. Barrett is listening and that he gentleman yield? As of today, Mr. Barrett has spent $15 will transform this hope into a reality. Mr. BARTLETT of Maryland. I yield million on a 6-year fishing expedition. Then it will not be necessary to press to the gentleman from Virginia. It is costing the taxpayers another $1 this amendment at a later date. Mr. WOLF. Mr. Chairman, as the gen- million every 6 months, and he has not Mr. Chairman, I ask unanimous con- tleman said, meetings are going on caught a single minnow. Any ordinary sent to withdraw my amendment. now. The administration has expressed prosecutor who carried on this way The CHAIRMAN. Is there objection concern, and we will be glad to work would have been sent packing years to the request of the gentleman from with both of the gentlemen with regard ago, but Barrett was appointed under Massachusetts? to the conference and language that the Independent Counsel law, and that There was no objection. the administration supports. means not even the court that ap- Mr. SERRANO. Mr. Chairman, I Mr. BARTLETT of Maryland. I thank pointed him can put an end to this in- move to strike the last word. the chairman. quiry. Mr. Chairman, if I may, I know we Mr. Chairman, I ask unanimous con- In June of this year, the U.S. Court have come pretty close to the end of sent to withdraw the amendment. of Appeals for the District of Columbia this process, and I just wanted to take The CHAIRMAN. Is there objection granted Barrett yet another 1-year ex- this opportunity once again to thank to the request of the gentleman from tension. The one judge who filed an the gentleman from Virginia (Chair- Maryland? opinion made it clear that they had no man WOLF) for the work he has done on

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.231 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4195 this bill, for the way in which he has AMENDMENT NO. 35 OFFERED BY MR. Lewis (KY) Paul Simpson ROHRABACHER Linder Pelosi Skeen treated me and our staff and our Mem- Lipinski Pence Skelton bers, for his understanding of these The CHAIRMAN. The pending busi- LoBiondo Peterson (MN) Slaughter issues, and for the fact that this bill, ness is the demand for a recorded vote Lofgren Peterson (PA) Smith (NJ) which started out at the beginning of on amendment No. 35 offered by the Lowey Phelps Smith (TX) Lucas (KY) Pickering Snyder the day, actually last night, in my gentleman from California (Mr. ROHR- Lucas (OK) Pitts Solis opinion to be a very good bill, has even ABACHER) on which further proceedings Luther Platts Spratt become a better bill by some of the were postponed and on which the noes Maloney (CT) Pombo Stark changes that we have made today, es- prevailed by voice vote. Maloney (NY) Pomeroy Stearns Manzullo Portman Stenholm pecially the issues concerning the The Clerk will redesignate the Markey Price (NC) Strickland Small Business Administration. amendment. Mascara Pryce (OH) Stupak I want to thank both staffs that are The Clerk redesignated the amend- Matheson Putnam Sununu here with us at this time for the work Matsui Quinn Sweeney ment. McCarthy (MO) Radanovich Tancredo they do. It is not only a service to us, RECORDED VOTE McCarthy (NY) Rahall Tanner the membership of this House, but I McCollum Ramstad Tauscher can assure you all it is seen as a serv- The CHAIRMAN. A recorded vote has McCrery Rangel Tauzin ice to our country and all of its citi- been demanded. McDermott Regula Taylor (MS) A recorded vote was ordered. McGovern Rehberg Taylor (NC) zens and residents. McHugh Reyes Terry I wanted to once again thank the The vote was taken by electronic de- McInnis Reynolds Thomas chairman for having an understanding vice, and there were—ayes 395, noes 33, McIntyre Riley Thompson (CA) of the needs that the minority needed not voting 5, as follows: McKeon Rivers Thompson (MS) McKinney Rodriguez Thornberry in this bill and for putting together a [Roll No. 243] McNulty Roemer Thune bill that in fact speaks to so many AYES—395 Meehan Rogers (KY) Thurman issues and speaks to them in the proper Meek (FL) Rogers (MI) Tiahrt Abercrombie Cramer Harman Menendez Rohrabacher Tiberi way. We know that in conference there Ackerman Crane Hart Mica Ros-Lehtinen Tierney will be some changes, but we are hope- Aderholt Crenshaw Hastings (WA) Miller (FL) Ross Toomey ful that no one will hurt this project Akin Crowley Hayes Miller, Gary Rothman Towns Allen Culberson Hayworth and this product, which is very good. Miller, George Roukema Traficant Andrews Cummings Hefley Mink Roybal-Allard Turner On a personal level, I just want to Armey Cunningham Herger Mollohan Royce Udall (CO) thank the gentleman for his hospi- Baca Davis (CA) Hill Moore Rush Udall (NM) tality, for his treatment of myself and Bachus Davis (FL) Hilleary Moran (KS) Ryan (WI) Upton Baird Davis (IL) Hinchey our staff and our membership, and just Moran (VA) Ryun (KS) Velazquez Baker Davis, Jo Ann Hobson Morella Sabo Visclosky to tell the gentleman that it has been Baldacci Deal Hoeffel Murtha Sanchez Vitter wonderful working with him; and I Baldwin DeFazio Hoekstra Myrick Sanders Walden look forward to continuing this proc- Ballenger DeGette Holden Nadler Sandlin Walsh Barcia Delahunt Holt ess. Napolitano Sawyer Wamp Barr DeLauro Honda Neal Saxton Waters Mr. WOLF. Mr. Chairman, I move to Barrett DeLay Hooley Ney Scarborough Watson (CA) strike the last word. Bartlett DeMint Horn Northup Schakowsky Watt (NC) I just want to thank the gentleman Barton Deutsch Hostettler Norwood Schiff Waxman for his comments. When the year start- Bass Diaz-Balart Hoyer Nussle Schrock Weiner Becerra Dingell Hulshof Oberstar Scott Weldon (FL) ed, I did not really know the gentleman Bentsen Doggett Hunter Obey Serrano Weldon (PA) very well, but I think we have become Bereuter Dooley Hutchinson Olver Sessions Weller friends. I look forward to the oppor- Berkley Doolittle Inslee Ortiz Shadegg Wexler Berman Doyle Isakson tunity when I come up to visit my two Osborne Shaw Whitfield Berry Duncan Israel Ose Shays Wicker children, who are living in New York Biggert Dunn Issa Otter Sherman Wilson City, to come over to the gentleman’s Bilirakis Edwards Istook Owens Sherwood Wolf congressional district and spend some Bishop Ehlers Jackson (IL) Oxley Shimkus Woolsey Blagojevich Ehrlich Jackson-Lee Pallone Shows Wu time and take a look around. I do ap- Boehlert Emerson (TX) Pascrell Shuster Wynn preciate the gentleman’s comments, Boehner Engel Jefferson Pastor Simmons Young (AK) and I want to thank him for his friend- Bonilla Eshoo Jenkins Bonior Etheridge John NOES—33 ship and cooperation. Bono Evans Johnson (CT) I want to thank the staff on both Blumenauer Flake Nethercutt Borski Everett Johnson (IL) Blunt Gilchrest Payne sides of the aisle for the outstanding Boswell Farr Johnson, E. B. Callahan Granger Petri work they have done. And I want to Boucher Fattah Johnson, Sam Cannon Hansen Schaffer Boyd Ferguson Jones (NC) Castle Hastings (FL) Sensenbrenner thank all of the Members, every single Brady (PA) Filner Jones (OH) solitary Member that spoke on both Combest Hilliard Smith (MI) Brady (TX) Fletcher Kanjorski Cox Houghton Smith (WA) sides of the aisle, for the very positive Brown (FL) Foley Kaptur Cubin Hyde Souder contribution; and I would urge a strong Brown (OH) Forbes Keller Davis, Tom Kolbe Stump Brown (SC) Ford Kelly vote for this bill on final passage. Dicks Largent Watts (OK) Bryant Fossella Kennedy (MN) Dreier Meeks (NY) Young (FL) SEQUENTIAL VOTES POSTPONED IN COMMITTEE Burr Frank Kennedy (RI) OF THE WHOLE Burton Frelinghuysen Kerns NOT VOTING—5 Buyer Frost Kildee The CHAIRMAN. Pursuant to clause English Millender- Spence Calvert Gallegly Kilpatrick Hinojosa McDonald Watkins (OK) 6 of rule XVIII, proceedings will now Camp Ganske Kind (WI) resume on those amendments on which Cantor Gekas King (NY) b 2109 further proceedings were postponed in Capito Gephardt Kingston Capps Gibbons Kirk Messrs. CANNON, STUMP, the following order: amendment No. 35 Capuano Gillmor Kleczka offered by the gentleman from Cali- Cardin Gilman Knollenberg NETHERCUTT, HYDE, SMITH of fornia (Mr. ROHRABACHER), amendment Carson (IN) Gonzalez Kucinich Michigan, YOUNG of Florida, and No. 30 offered by the gentleman from Carson (OK) Goode LaFalce GILCHREST changed their vote from Chabot Goodlatte LaHood ‘‘aye’’ to ‘‘no.’’ Virginia (Mr. MORAN), amendment No. Chambliss Gordon Lampson 6 offered by the gentleman from Texas Clay Goss Langevin Mrs. MEEK of Florida, Messrs. BE- (Mr. PAUL), amendment No. 7 offered Clayton Graham Lantos REUTER, SERRANO, PICKERING, by the gentleman from Texas (Mr. Clement Graves Larsen (WA) SHAYS, EHLERS, LINDER, OSE, and Clyburn Green (TX) Larson (CT) PAUL), and amendment No. 12 offered Coble Green (WI) Latham Ms. EDDIE BERNICE JOHNSON of by the gentlewoman from California Collins Greenwood LaTourette Texas changed their vote from ‘‘no’’ to (Ms. WATERS). Condit Grucci Leach ‘‘aye.’’ The Chair will reduce to 5 minutes Conyers Gutierrez Lee So the amendment was agreed to. Cooksey Gutknecht Levin the time for any electronic vote after Costello Hall (OH) Lewis (CA) The result of the vote was announced the first vote in this series. Coyne Hall (TX) Lewis (GA) as above recorded.

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.235 pfrm01 PsN: H18PT1 H4196 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Stated for: Serrano Thompson (MS) Watson (CA) Whitfield Wilson Young (AK) Shays Tierney Watt (NC) Wicker Wolf Young (FL) Ms. MILLENDER-MCDONALD. Mr. Chair- Sherman Towns Waxman NOT VOTING—4 man, on rollcall No. #243, I missed this rollcall Slaughter Udall (CO) Weiner vote on the above number 243. Had I been Smith (NJ) Udall (NM) Wexler Hinojosa Millender- Scarborough Solis Velazquez Woolsey McDonald Spence here I would have voted ‘‘aye.’’ I was detained Wu by constituents and was unable to get to the Stark Visclosky Tauscher Waters Wynn floor. It was unavoidable. b 2119 ANNOUNCEMENT BY THE CHAIRMAN NOES—268 So the amendment was rejected. The CHAIRMAN. Pursuant to clause Aderholt Goode Oxley The result of the vote was announced 6 of rule XVIII, the Chair announces Akin Goodlatte Paul as above recorded. Armey Gordon Pence Stated for: that he will reduce to a minimum of 5 Baca Goss Peterson (MN) Ms. MILLENDER-MCDONALD. Mr. Chair- minutes the period of time within Bachus Graham Peterson (PA) which a vote by electronic device will Baird Granger Petri man, on rollcall No. 244, I missed rollcall vote be taken on each amendment on which Baker Graves Phelps No. 244, due to being detained by constitu- the Chair has postponed further pro- Ballenger Green (TX) Pickering ents. Unavoidable. Had I been present, I Barcia Green (WI) Pitts would have voted ‘‘aye.’’ ceedings. Barr Greenwood Platts AMENDMENT NO. 6 OFFERED BY MR. PAUL AMENDMENT NO. 30 OFFERED BY MR. MORAN OF Bartlett Gutknecht Pombo Barton Hall (TX) VIRGINIA Pomeroy The CHAIRMAN. The pending busi- Bass Hansen Portman The CHAIRMAN. The pending busi- Bereuter Hart ness is the demand for a recorded vote Pryce (OH) on amendment No. 6 offered by the gen- ness is the demand for a recorded vote Berry Hastings (WA) Putnam Biggert Hayes on the amendment offered by the gen- Radanovich tleman from Texas (Mr. PAUL) on Bilirakis Hayworth Rahall which further proceedings were post- tleman from Virginia (Mr. MORAN) on Bishop Hefley Regula Blunt Herger poned and on which the noes prevailed which further proceedings were post- Rehberg Boehlert Hill by voice vote. poned and on which the noes prevailed Reyes Boehner Hilleary Reynolds The Clerk will redesignate the by voice vote. Bonilla Hilliard Riley amendment. The Clerk will redesignate the Bonior Hobson Rogers (KY) Bono Hoekstra The Clerk redesignated the amend- amendment. Rogers (MI) Boswell Holden ment. The Clerk redesignated the amend- Rohrabacher Boucher Hostettler RECORDED VOTE ment. Boyd Houghton Ros-Lehtinen Ross RECORDED VOTE Brady (TX) Hulshof The CHAIRMAN. A recorded vote has Brown (SC) Hunter Royce been demanded. The CHAIRMAN. A recorded vote has Ryan (WI) Bryant Hutchinson A recorded vote was ordered. been demanded. Burr Hyde Ryun (KS) Sanders The CHAIRMAN. This will be a 5- A recorded vote was ordered. Burton Isakson Sandlin minute vote. The CHAIRMAN. This will be a 5- Buyer Issa Callahan Istook Saxton The vote was taken by electronic de- minute vote. Schaffer Calvert Jenkins vice, and there were—ayes 62, noes 364, The vote was taken by electronic de- Camp John Schrock Sensenbrenner not voting 7, as follows: vice, and there were—ayes 161, noes 268, Cannon Johnson (CT) Cantor Johnson (IL) Sessions [Roll No. 245] not voting 4, as follows: Shadegg Capito Johnson, Sam AYES—62 [Roll No. 244] Carson (OK) Jones (NC) Shaw Chabot Kanjorski Sherwood Aderholt Foley Pombo AYES—161 Chambliss Keller Shimkus Akin Gibbons Radanovich Abercrombie Ferguson Maloney (CT) Clement Kelly Shows Armey Goode Riley Ackerman Filner Maloney (NY) Coble Kennedy (MN) Shuster Barcia Hall (TX) Rohrabacher Allen Ford Markey Collins Kerns Simmons Barr Hefley Royce Andrews Frank Matsui Combest Kind (WI) Simpson Bartlett Hostettler Ryun (KS) Baldacci Gephardt McCarthy (MO) Condit Kingston Skeen Barton Istook Scarborough Baldwin Gonzalez McCarthy (NY) Cooksey Knollenberg Skelton Bilirakis Jones (NC) Schaffer Barrett Grucci McCollum Costello Kolbe Smith (MI) Burton Keller Sensenbrenner Becerra Gutierrez McDermott Cox LaHood Smith (TX) Cannon Kerns Sessions Bentsen Hall (OH) McGovern Cramer Lampson Smith (WA) Coble Kingston Shadegg Berkley Harman McNulty Crane Largent Snyder Collins Lewis (KY) Shuster Berman Hastings (FL) Meehan Crenshaw Larsen (WA) Souder Combest Lucas (OK) Stump Blagojevich Hinchey Meek (FL) Cubin Latham Spratt Crane Manzullo Tancredo Blumenauer Hoeffel Meeks (NY) Culberson LaTourette Stearns Cubin Moran (KS) Taylor (MS) Borski Holt Menendez Cunningham Lewis (CA) Stenholm Culberson Ney Taylor (NC) Brady (PA) Honda Miller, George Davis, Jo Ann Lewis (KY) Strickland DeLay Norwood Tiberi Brown (FL) Hooley Mink Deal Linder Stump DeMint Otter Traficant Brown (OH) Horn Moore DeFazio LoBiondo Stupak Doolittle Paul Weldon (FL) Capps Hoyer Moran (VA) DeLay Lucas (KY) Sununu Duncan Pence Young (AK) Capuano Inslee Morella DeMint Lucas (OK) Sweeney Everett Peterson (MN) Cardin Israel Nadler Diaz-Balart Manzullo Tancredo NOES—364 Carson (IN) Jackson (IL) Napolitano Dingell Mascara Tanner Castle Jackson-Lee Neal Doolittle Matheson Tauzin Abercrombie Boehner Carson (OK) Clay (TX) Olver Dreier McCrery Taylor (MS) Ackerman Bonilla Castle Clayton Jefferson Owens Duncan McHugh Taylor (NC) Allen Bonior Chabot Dunn McInnis Andrews Clyburn Johnson, E. B. Pallone Terry Bono Chambliss Conyers Jones (OH) Pascrell Edwards McIntyre Baca Borski Clay Thomas Coyne Kaptur Pastor Ehlers McKeon Bachus Boswell Clayton Thompson (CA) Crowley Kennedy (RI) Payne Ehrlich McKinney Baird Boucher Clement Thornberry Cummings Kildee Pelosi Emerson Mica Baker Boyd Clyburn Thune Davis (CA) Kilpatrick Price (NC) English Miller (FL) Baldacci Brady (PA) Condit Thurman Davis (FL) King (NY) Quinn Etheridge Miller, Gary Baldwin Brady (TX) Conyers Davis (IL) Kirk Ramstad Everett Mollohan Tiahrt Ballenger Brown (FL) Cooksey Davis, Tom Kleczka Rangel Flake Moran (KS) Tiberi Barrett Brown (OH) Costello DeGette Kucinich Rivers Fletcher Murtha Toomey Bass Brown (SC) Cox Delahunt LaFalce Rodriguez Foley Myrick Traficant Becerra Bryant Coyne DeLauro Langevin Roemer Forbes Nethercutt Turner Bentsen Burr Cramer Deutsch Lantos Rothman Fossella Ney Upton Bereuter Buyer Crenshaw Dicks Larson (CT) Roukema Frelinghuysen Northup Vitter Berkley Callahan Crowley Doggett Leach Roybal-Allard Frost Norwood Walden Berman Calvert Cummings Dooley Lee Rush Gallegly Nussle Walsh Berry Camp Cunningham Doyle Levin Sabo Ganske Oberstar Wamp Biggert Cantor Davis (CA) Engel Lewis (GA) Sanchez Gekas Obey Watkins (OK) Bishop Capito Davis (FL) Eshoo Lipinski Sawyer Gibbons Ortiz Watts (OK) Blagojevich Capps Davis (IL) Evans Lofgren Schakowsky Gilchrest Osborne Weldon (FL) Blumenauer Capuano Davis, Jo Ann Farr Lowey Schiff Gillmor Ose Weldon (PA) Blunt Cardin Davis, Tom Fattah Luther Scott Gilman Otter Weller Boehlert Carson (IN) Deal

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.078 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4197 DeFazio Kelly Ramstad NOT VOTING—7 Cramer John Price (NC) DeGette Kennedy (MN) Rangel Crenshaw Johnson (CT) Pryce (OH) Hinchey Millender- Owens Delahunt Kennedy (RI) Regula Crowley Johnson (IL) Quinn Hinojosa McDonald Solis DeLauro Kildee Rehberg Culberson Johnson, E. B. Rahall Nadler Spence Deutsch Kilpatrick Reyes Cummings Jones (OH) Ramstad Diaz-Balart Kind (WI) Reynolds Cunningham Kanjorski Rangel Dicks King (NY) Rivers b 2127 Davis (CA) Kaptur Regula Dingell Kirk Rodriguez Davis (FL) Kelly Rehberg Doggett Kleczka Roemer Mr. YOUNG of Alaska changed his Davis (IL) Kennedy (MN) Reyes Dooley Knollenberg Rogers (KY) vote from ‘‘no’’ to ‘‘aye.’’ Davis, Tom Kennedy (RI) Reynolds Doyle Kolbe Rogers (MI) So the amendment was rejected. Deal Kildee Rivers Ros-Lehtinen Rodriguez Dreier Kucinich The result of the vote was announced DeFazio Kilpatrick Dunn LaFalce Ross DeGette Kind (WI) Roemer Edwards LaHood Rothman as above recorded. Delahunt King (NY) Rogers (KY) Ehlers Lampson Roukema Stated against: DeLauro Kirk Rogers (MI) Ehrlich Langevin Roybal-Allard Deutsch Kleczka Ros-Lehtinen Rush Ms. MILLENDER-McDONALD. Mr. Chair- Ross Emerson Lantos Diaz-Balart Knollenberg Ryan (WI) man, on rollcall No. 245, I missed rollcall No. Rothman Engel Largent Dicks Kolbe Sabo Roukema English Larsen (WA) 245. It was unavoidable due to detainment by Dingell Kucinich Sanchez Roybal-Allard Eshoo Larson (CT) constituents. Had I been present, I would have Doggett LaFalce Sanders Rush Etheridge Latham Dooley LaHood Sandlin voted ‘‘no’’. Ryan (WI) Evans LaTourette Doyle Lampson Sawyer AMENDMENT NO. 7 OFFERED BY MR. PAUL Sabo Farr Leach Dreier Langevin Saxton Dunn Lantos Sanchez Fattah Lee Schakowsky The CHAIRMAN. The pending busi- Sanders Ferguson Levin ness is the demand for a recorded vote Edwards Largent Schiff Ehlers Larsen (WA) Sandlin Filner Lewis (CA) Schrock on amendment No. 7 offered by the gen- Sawyer Flake Lewis (GA) Ehrlich Larson (CT) Scott tleman from Texas (Mr. PAUL) on Emerson Latham Saxton Fletcher Linder Serrano Schakowsky Forbes Lipinski which further proceedings were post- Engel Leach Shaw English Lee Schiff Ford LoBiondo Shays poned and on which the noes prevailed Eshoo Levin Schrock Fossella Lofgren Sherman Scott by voice vote. Etheridge Lewis (CA) Frank Lowey Sherwood Serrano Evans Lewis (GA) Frelinghuysen Lucas (KY) Shimkus The Clerk will redesignate the Shadegg Farr Lewis (KY) Frost Luther Shows amendment. Shaw Fattah Linder Gallegly Maloney (CT) Simmons Shays The Clerk redesignated the amend- Ferguson Lipinski Ganske Maloney (NY) Simpson Sherman ment. Filner LoBiondo Gekas Markey Skeen Sherwood Flake Lofgren Gephardt Mascara Skelton RECORDED VOTE Shimkus Fletcher Lowey Gilchrest Matheson Slaughter Shows The CHAIRMAN. A recorded vote has Foley Lucas (KY) Gillmor Matsui Smith (MI) Simmons been demanded. Forbes Luther Gilman McCarthy (MO) Smith (NJ) Simpson Ford Maloney (CT) Gonzalez McCarthy (NY) Smith (TX) A recorded vote was ordered. Skeen Fossella Maloney (NY) Goodlatte McCollum Smith (WA) The CHAIRMAN. This will be a 5- Skelton Snyder Frank Markey Slaughter Gordon McCrery minute vote. Frelinghuysen Mascara Goss McDermott Souder Smith (NJ) Spratt The vote was taken by electronic de- Frost Matheson Smith (TX) Graham McGovern Gallegly Matsui Granger McHugh Stark vice, and there were—ayes 71, noes 359, Smith (WA) Stearns Ganske McCarthy (MO) Snyder Graves McInnis not voting 3, as follows: Gekas McCarthy (NY) Green (TX) McIntyre Stenholm Solis Strickland [Roll No. 246] Gephardt McCollum Souder Green (WI) McKeon Gibbons McCrery Greenwood McKinney Stupak AYES—71 Spratt Sununu Gilchrest McDermott Stark Grucci McNulty Aderholt Hastings (WA) Pombo Sweeney Gillmor McGovern Stenholm Gutierrez Meehan Akin Hayworth Putnam Tanner Gilman McHugh Strickland Gutknecht Meek (FL) Armey Hilleary Radanovich Tauscher Gonzalez McInnis Stupak Hall (OH) Meeks (NY) Barr Hostettler Riley Tauzin Goodlatte McIntyre Sununu Hansen Menendez Bartlett Hulshof Rohrabacher Terry Gordon McKeon Sweeney Barton Hunter Royce Harman Mica Thomas Goss McKinney Tanner Bilirakis Jenkins Ryun (KS) Hart Miller (FL) Thompson (CA) Graham McNulty Tauscher Bonilla Johnson, Sam Scarborough Hastings (FL) Miller, Gary Thompson (MS) Granger Meehan Tauzin Bryant Jones (NC) Schaffer Hastings (WA) Miller, George Thornberry Graves Meek (FL) Terry Burton Keller Sensenbrenner Hayes Mink Thune Green (TX) Meeks (NY) Thomas Callahan Kerns Sessions Hayworth Mollohan Thurman Green (WI) Menendez Thompson (CA) Cannon Kingston Shuster Herger Moore Tiahrt Greenwood Mica Thompson (MS) Coble LaTourette Smith (MI) Hill Moran (VA) Tierney Grucci Miller (FL) Thornberry Combest Lucas (OK) Stearns Hilleary Morella Toomey Gutierrez Miller, Gary Thune Crane Manzullo Stump Hilliard Murtha Towns Hall (OH) Miller, George Thurman Cubin Moran (KS) Tancredo Hobson Myrick Turner Hall (TX) Mink Tierney Davis, Jo Ann Myrick Taylor (MS) Hoeffel Napolitano Udall (CO) Hansen Mollohan Toomey DeLay Nethercutt Taylor (NC) Hoekstra Neal Udall (NM) Harman Moore Towns DeMint Ney Tiahrt Holden Nethercutt Upton Hart Moran (VA) Turner Doolittle Norwood Tiberi Holt Northup Velazquez Hastings (FL) Morella Udall (CO) Duncan Otter Traficant Honda Nussle Visclosky Hayes Murtha Udall (NM) Everett Paul Wamp Hooley Oberstar Vitter Hefley Nadler Upton Goode Pence Young (AK) Horn Obey Walden Herger Napolitano Velazquez Gutknecht Peterson (MN) Houghton Olver Walsh Hill Neal Visclosky Hoyer Ortiz Wamp Hilliard Northup Vitter NOES—359 Hinchey Nussle Hulshof Osborne Waters Walden Abercrombie Bishop Cantor Hobson Oberstar Hunter Ose Watkins (OK) Walsh Ackerman Blagojevich Capito Hoeffel Obey Hutchinson Oxley Watson (CA) Waters Allen Blumenauer Capps Hoekstra Olver Hyde Pallone Watt (NC) Watkins (OK) Andrews Blunt Capuano Holden Ortiz Inslee Pascrell Watts (OK) Watson (CA) Baca Boehlert Cardin Holt Osborne Isakson Pastor Waxman Watt (NC) Weiner Bachus Boehner Carson (IN) Honda Ose Watts (OK) Israel Payne Baird Bonior Carson (OK) Hooley Owens Issa Pelosi Weldon (PA) Waxman Weller Baker Bono Castle Horn Oxley Weiner Jackson (IL) Peterson (PA) Baldacci Borski Chabot Houghton Pallone Jackson-Lee Petri Wexler Weldon (FL) Whitfield Baldwin Boswell Chambliss Hoyer Pascrell Weldon (PA) (TX) Phelps Wicker Ballenger Boucher Clay Hutchinson Pastor Weller Jefferson Pickering Wilson Barcia Boyd Clayton Hyde Payne Wexler Jenkins Pitts Wolf Barrett Brady (PA) Clement Inslee Pelosi Whitfield John Platts Woolsey Bass Brady (TX) Clyburn Isakson Peterson (PA) Wicker Johnson (CT) Pomeroy Wu Becerra Brown (FL) Collins Israel Petri Wilson Johnson (IL) Portman Wynn Bentsen Brown (OH) Condit Issa Phelps Wolf Johnson, E. B. Price (NC) Young (FL) Bereuter Brown (SC) Conyers Istook Pickering Woolsey Johnson, Sam Pryce (OH) Berkley Burr Cooksey Jackson (IL) Pitts Wu Jones (OH) Putnam Berman Buyer Costello Jackson-Lee Platts Wynn Kanjorski Quinn Berry Calvert Cox (TX) Pomeroy Young (FL) Kaptur Rahall Biggert Camp Coyne Jefferson Portman

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.075 pfrm01 PsN: H18PT1 H4198 CONGRESSIONAL RECORD — HOUSE July 18, 2001 NOT VOTING—3 Boswell Hayworth Phelps b 2143 Boucher Hefley Pickering Hinojosa Millender- Spence Boyd Herger Pitts Messrs. LARSON of Connecticut, McDonald Brady (TX) Hill Platts KLECZKA, MARKEY and PASCRELL Brown (SC) Hilleary Pombo changed their vote from ‘‘aye’’ to ‘‘no.’’ b 2134 Bryant Hobson Pomeroy Burr Hoeffel Portman Mr. KENNEDY of Rhode Island So the amendment was rejected. Burton Hoekstra Price (NC) changed his vote from ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Buyer Holden Pryce (OH) So the amendment was rejected. Putnam as above recorded. Callahan Holt The result of the vote was announced Stated against: Calvert Honda Quinn Camp Hooley Radanovich as above recorded. Ms. MILLENDER-MCDONALD. Mr. Chair- Cannon Horn Ramstad Stated for: Regula man, on rollcall No. 246, I was unavoidably Cantor Hostettler Ms. MILLENDER-MCDONALD. Mr. Chair- detained by constituents. Had I been present, Capito Houghton Rehberg Capps Hulshof Reynolds man, on rollcall No. 247, I was unavoidably I would have voted ‘‘no.’’ Carson (OK) Hunter Riley detained by constituents. Had I been present, AMENDMENT NO. 12 OFFERED BY MS. WATERS Castle Hutchinson Roemer I would have voted ‘‘aye’’. Rogers (KY) The CHAIRMAN. The pending busi- Chabot Hyde The CHAIRMAN. If there are no fur- Chambliss Inslee Rogers (MI) ness is the demand for a recorded vote Coble Isakson Rohrabacher ther amendments, the Clerk will read on amendment No. 10 offered by the Collins Israel Ros-Lehtinen the last 2 lines of the bill. gentlewoman from California (Ms. WA- Combest Issa Rothman Roukema The Clerk read as follows: TERS) on which further proceedings Condit Istook Cooksey Jenkins Royce This Act may be cited as the ‘‘Depart- were postponed and on which the noes Costello John Ryan (WI) ments of Commerce, Justice, and State, the prevailed by voice vote. Cox Johnson (CT) Ryun (KS) Judiciary, and Related Agencies Appropria- Cramer Johnson (IL) Sanchez tions Act, 2002’’. The Clerk will redesignate the Saxton amendment. Crane Johnson, Sam Crenshaw Jones (NC) Scarborough Mr. UDALL of Colorado. Mr. Chairman, I will Schaffer The Clerk redesignated the amend- Cubin Kanjorski vote for this bill because I think that on bal- Schiff ment. Culberson Keller Schrock ance it deserves the approval of the House. Cunningham Kelly RECORDED VOTE Sensenbrenner However, I do want to call the attention of Davis (CA) Kennedy (MN) Sessions The CHAIRMAN. A recorded vote has Davis (FL) Kerns the House to some areas in which it does not Shadegg Davis, Jo Ann Kind (WI) meet some very important needs. been demanded. Shaw Davis, Tom King (NY) A recorded vote was ordered. Shays RECA SHORTFALL Deal Kingston Sherman The CHAIRMAN. This will be a 5- Delahunt Kirk Once again, this bill falls far short of pro- Sherwood minute vote. DeLauro Kleczka Shimkus viding enough money to pay claims under the Knollenberg The vote was taken by electronic de- DeLay Shows Radiation Exposure Compensation Act, or vice, and there were—ayes 123, noes 306, DeMint Kolbe Shuster Deutsch LaHood ‘‘RECA.’’ not voting 4, as follows: Simmons The people covered by RECA include ura- Diaz-Balart Largent Simpson [Roll No. 247] Dicks Larsen (WA) Skeen nium miners and millers and some others who AYES—123 Dingell Larson (CT) Skelton worked to support the nuclear weapons pro- Doggett Latham Slaughter grams or who were exposed to its fallout. Abercrombie Hastings (FL) Owens Dooley LaTourette Smith (MI) Allen Hilliard Pallone Doolittle Leach Smith (NJ) They were exposed to radiation. And because Andrews Hinchey Pastor Dreier Levin Smith (TX) of that exposure they are sick, with cancers Baca Hoyer Paul Duncan Lewis (CA) Smith (WA) and other serious diseases. When Congress Baldacci Jackson (IL) Payne Dunn Lewis (KY) Snyder enacted the RECA law, we promised to pay Baldwin Jackson-Lee Pelosi Edwards Linder Souder Barcia (TX) Rahall Ehlers LoBiondo Spratt compensation for their illnesses. Barrett Johnson, E. B. Rangel Ehrlich Lofgren Stearns But we have not fully kept that promise. We Becerra Jones (OH) Reyes Emerson Lucas (KY) Stenholm have not appropriated enough money to pay Berkley Kaptur Rivers English Lucas (OK) Stump Berry Kennedy (RI) Rodriguez Eshoo Maloney (CT) Sununu everyone who is entitled to be paid. Bishop Kildee Ross Etheridge Manzullo Sweeney Because of our failure, on April 17th the Blagojevich Kilpatrick Roybal-Allard Everett Markey Tancredo Bonior Kucinich Rush Justice Department ran out of funds to make Ferguson Mascara Tanner RECA payments—and unless there is a sup- Brady (PA) LaFalce Sabo Flake Matheson Tauscher Brown (FL) Lampson Sanders Fletcher Matsui Tauzin plemental appropriation, they will not be able Brown (OH) Langevin Sandlin Foley McCrery Taylor (MS) to make any more payments for the rest of Capuano Lantos Sawyer Forbes McDermott Taylor (NC) this fiscal year. As a result, people who should Cardin Lee Schakowsky Fossella McHugh Terry Carson (IN) Lewis (GA) Scott Frank McInnis Thomas be getting checks are instead getting letters— Clay Lipinski Serrano Frelinghuysen McIntyre Thompson (CA) IOU letters, you could call them. Clayton Lowey Solis Frost McKeon Thornberry Clement Luther Stark What are letters say is that payment must Gallegly Menendez Thune await further appropriations. What they mean Clyburn Maloney (NY) Strickland Ganske Mica Thurman Conyers McCarthy (MO) Stupak Gekas Miller (FL) Tiahrt is that we in the Congress have failed to meet Coyne McCarthy (NY) Thompson (MS) Gibbons Miller, Gary Tiberi a solemn obligation. Crowley McCollum Tierney Gilchrest Mollohan Toomey Cummings McGovern Towns The Department of Justice tells me that as Gillmor Moore Traficant Davis (IL) McKinney Turner Gilman Moran (KS) Upton of July 6th they had sent IOU letters to some DeFazio McNulty Udall (CO) Goode Moran (VA) Vitter 438 people nationwide. Justice also says that DeGette Meehan Udall (NM) Goodlatte Murtha Walden Doyle Meek (FL) Velazquez as of May 11th—these are the most recent Gordon Myrick Walsh Engel Meeks (NY) Visclosky state-by-state numbers—51 Coloradans had Goss Neal Wamp Evans Miller, George Waters Graham Nethercutt Watkins (OK) received IOU letters. Farr Mink Watson (CA) Granger Ney Watts (OK) With other Members, I wrote President Bush Fattah Morella Watt (NC) Graves Northup Waxman Filner Nadler Weiner about the problem of RECA payments. We Green (WI) Norwood Weldon (FL) Ford Napolitano Wexler Greenwood Nussle Weldon (PA) urged him to request a supplemental appro- Gephardt Oberstar Woolsey Grucci Osborne Weller priation for RECA, so that people would not Gonzalez Obey Wynn Gutknecht Ose Whitfield Green (TX) Olver have to wait much longer for payments. Unfor- Hall (OH) Otter Wicker Gutierrez Ortiz tunately, the President did not see fit to make Hall (TX) Oxley Wilson NOES—306 Hansen Pascrell Wolf that request, and the money was not included Harman Pence Wu in the supplemental appropriations bill as it Ackerman Barr Bilirakis Hart Peterson (MN) Young (AK) passed the House. Aderholt Bartlett Blumenauer Hastings (WA) Peterson (PA) Young (FL) Akin Barton Blunt Hayes Petri Fortunately, the Senate did add $84 million Armey Bass Boehlert to the bill for RECA payments. So, it is very Bachus Bentsen Boehner NOT VOTING—4 important that the House accept that addition. Baird Bereuter Bonilla Baker Berman Bono Hinojosa Millender- Spence I have written to the House conferees on the Ballenger Biggert Borski Jefferson McDonald supplemental appropriations bill, urging them

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 7634 Sfmt 9920 E:\CR\FM\A18JY7.085 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4199

to agree to include the money and to score it For the RECORD, I am attaching a letter from I hope that the attached excerpts are help- as mandatory spending. But even if—as I Linda Capuano, Chair of the National Re- ful to you. It was a pleasure meeting you last hope—the supplemental bill does include the search Council’s Board on Assessment of month. Sincerely, $84 million more for the current fiscal year, we NIST Programs, along with selections from the LINDA CAPUANO, will have to do more. 2000 report of that board, that document the Chair, Board on Assessment of NIST The Justice Department says that right now needs of the Boulder labs. Programs. they are reviewing more than 3,200 additional As the Committee’s Report notes, ‘‘the Insti- Mr. NETHERCUTT. Mr. Chairman, I rise in RECA claims, and they expect more claims to tute has proposed a multiyear effort to ren- support of the 2002 Commerce, Justice, State be filed. So there is a real possibility that we ovate NIST’s current buildings and laboratory and the Judiciary appropriations bill. I also could again find ourselves in a situation like facilities in compliance with more stringent wish to confirm that the intent of the language we are in right now. regarding the Northeast Washington State We should not let that happen. We should science and engineering program require- Four County Methamphetamine Task Force is change the law so that in the future RECA ments.’’ I don’t understand how NIST’s Boul- that any funds disbursed to Spokane County payments will not depend on annual appro- der labs are supposed to begin renovations can and should be shared with the City of priations. They should be paid automatically. I without appropriations for this purpose. What I Spokane, so long as the funds are used in a am cosponsoring legislation to make that do know is that I will continue to support manner consistent with the intent of this sec- change, and in its budget documents the Ad- NIST’s funding needs throughout the appro- tion regarding methamphetamines. I believe ministration has indicated support for making priations process this year, and again next that law enforcement officials facing drug RECA funding mandatory. year, and the year after that if necessary. crime every day know best how to use these But meanwhile we should be appropriating This is another area where I will seek to funds in a coordinated effort between agen- adequate funds to make the payments—and have the bill improved as it moves through the there is no doubt that this bill fails to do that. cies. legislative process. I have serious concerns regarding the grow- The Appropriations Committee understands THE NATIONAL ACADEMIES, BOARD the problem. Its report on this bill says ‘‘The ing meth problem. In Spokane County, police OF ASSESSMENT OF NIST PRO- and sheriff’s investigators encountered 86 Committee is aware that over $200,000,000 is GRAMS, required in fiscal year 2000’’—but the bill in- May 2, 2001. meth labs in the first six months of this year. Data provided from the State of Washington cludes only $10.776 million, a tiny fraction of The Hon. MARK UDALL, the amount that the Committee itself recog- 115 Cannon House Office Building, shows that in Spokane County the number of nizes is required. We need to do better to do Washington, DC. reported meth labs and dump sites has in- creased from 11 in 1998, to 36 in 1999, to 137 that. DEAR REPRESENTATIVE UDALL: When we The report also says that ‘‘The Committee met at the University of Colorado Engineer- in 2000. Without additional funding this num- strongly encourages the Administration to ing Advisory Board meeting in Boulder on ber will continue its dramatic rise. work with the appropriate authorizing commit- April 6, 2001, we discussed the inadequacies This issue is of federal concern in Wash- tees to develop other funding options for the of the facilities at the NIST Boulder campus. ington State because of the U.S.-Canadian payment of these claims. I explained that this was one of the concerns border implications that affect northern coun- highlighted in the 2000 report of the National I take that to mean that the appropriations ties and the assistance to federal agencies Research Council’s Board on Assessment of these rural sheriff departments and prosecutor committee supports making RECA funding NIST Programs, which I chair. automatic. I hope that happens, and will do all offices provide. Without local assistance, the I can to make it happen. But we should not Attached are key excerpts of that report, federal agencies will be unable to properly which states ‘‘The Board and its panels have protect our border. Without increased federal penalize sick and dying people in the mean- in the past several years documented numer- time. funding allocations, however, the local law en- ous inadequacies in the current NIST phys- forcement agencies will be unable to combat NIST CONSTRUCTION AND MAINTENANCE ical plant. . . . Most egregious is the facility I am also very concerned about the bill’s situation at the Boulder campus. . . . the increasing methamphetamine production lack of funding for the construction and main- (W)orkarounds and disruptions (caused by fa- epidemic, assist with northern border drug tenance needs of the National Institute of cilities inadequacies) effectively raise the smuggling situations and perform their law en- Standards and Technology (NIST). cost of programs and extend the completion forcement duties that ensure safe and law NIST has a laboratory in my district in Boul- dates, requiring inefficient use of resources abiding communities. der, Colorado, where a staff of about 530 sci- and potentially delay results in fast-paced Dealing with these highly toxic and combus- technical areas to the point that U.S. com- tible labs brings great risks to our officers. entists, engineers, technicians, and visiting re- petitiveness is affected.’’ searchers conduct research in a wide range of These local agencies need our help to acquire chemical, physical, materials, and information The Board on Assessment of NIST Pro- equipment and training to help protect the grams and its constituent panels comprise sciences and engineering. lives of those who are doing their best to an independent technical peer review body, eradicate this problem. Not only are funds re- NIST’s laboratories in Boulder have a back- convened by the National Research Council, log of critically needed repairs and mainte- quired for safety, but the amount of overtime and consisting of approximately 150 mem- required for clean-up taxes the resources of nance. As technology advances, the measure- bers. These members are chosen not only for ment and standards requirements become their technical expertise but also for diver- these departments, especially those smaller more and more demanding, requiring meas- sity in age, gender, ethnic background, and police departments located in rural areas. The urement laboratories that are clean, have reli- regional representation. Members are sub- topographical and isolated nature of moun- able electric power, are free from vibrations, ject to screening for potential sources of bias tainous counties in northern Washington State, and maintain constant temperature and humid- and conflict of interest. Approximately 60% and the lack of a strong law enforcement pres- ity. Most of the NIST Boulder labs are 45 of the members are drawn from industry, ence, are an invitation to meth producers. In 35% from academe and 5% from other sec- years old, many have deteriorated so much Pend Oreille County, the meth problem is be- tors. Approximately 10% are members of the yond the Sheriff Department’s ability to man- that they can’t be used for the most demand- National Academies. Of the participants in ing measurements needed by industry, and the fiscal year 2000 review, 4 members rep- age. The per capita incidence of meth labs the rest are deteriorating rapidly. Every day resent organizations in Colorado. and dump sites is the largest in the state. Ferry County is a close second. Because of these problems go unaddressed means added The Board on Assessment is chartered to costs, program delays, and inefficient use of review the technical quality and relevance of limited resources, the Sheriff departments re- staff time. programs on-going in the NIST Measure- sponsible for patrolling these counties are Since 1999, I have fought for increased ments and Standards Laboratories. It exam- small and are not prepared for the inundation funds for NIST’s Boulder labs. But despite ines resource issues, including facilities, of meth production they are experiencing. calls from me and other House Members, from only insofar as those impact the ability of These three counties cover a large area, Members of the Senate Commerce Com- NIST to maintain the technical quality and 6,085 square miles, which includes approxi- mittee, from research organizations such as impact of its programs. The independence of mately 80 miles of largely unfenced U.S.-Ca- the American Chemical Society, and—most the Board’s review is maintained through nadian border, where the smuggling of mari- the processes and procedure of the National recently—from the chair of the Board on As- Research Council, which convenes and oper- juana from British Columbia, Canada, is an in- sessment of NIST Programs, the Committee ates the Board and its panels. In particular, creasing problem. Deputies from these coun- has again chosen to ignore these very real the NRC is solely responsible for the selec- ties are routinely called upon by federal agen- needs for maintenance and construction at tion of the membership of the review com- cies to assist in border enforcement activities. NIST’s Boulder labs. mittee. These small, rural sheriff departments lack the

VerDate 19-JUL-2001 06:04 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00083 Fmt 7634 Sfmt 9920 E:\CR\FM\A18JY7.096 pfrm01 PsN: H18PT1 H4200 CONGRESSIONAL RECORD — HOUSE July 18, 2001 man-power and financial resources for over- such an amendment, and the Committee cer- sult in a realization of efficiencies from consoli- time pay to handle local law enforcement du- tainly has not had the opportunity to hold a dated operation, greater financial stability, and ties, to combat increasing methamphetamine hearing on this amendment—a hearing in an enhanced ability to provide news and infor- production and to be available to assist federal which Members would learn from testimony of mational gathering. agencies when called upon. experts. Some of my colleagues may have seen last Methamphetamine is a national problem that Mr. Chairman, by law the FCC is required to week’s USA TODAY article entitled ‘‘Media’s must be attacked at the local level. It is an in- analyze its rules. Congress, in passing the big fish watch FCC review ownership cap.’’ expensive and easy-to-produce drug that is Telecommunications Act of 1996, specifically Mr. OBEY intended to offer this amendment in easily transported throughout the country and requires the FCC to review all of its broadcast order to reflect his belief that concentrated can unfortunately yield great financial benefits, ownership rules every two years to ensure media ownership is ‘‘one of the biggest threats especially for criminals in rural counties. We they continue to serve the public interest. The to our form of democracy—the other being the cannot allow this problem to escalate more head of the FCC, Chairman Powell, has stated way our campaigns are financed.’’ than it already has without acting. I urge my that he plans to examine rules and policies re- Well Mr. Chairman, this body has devoted colleagues to support this funding and this bill. lating to media cross-ownership and multiple quite a while to properly debating how our Mr. GREEN of Texas. Mr. Chairman, I rise ownership. This provision prevents the FCC campaigns are financed. Do we not, at a min- today in opposition to he cuts that this bill from making any modifications to the current imum, owe the same amount of deliberation to makes in one or our most successful federal rules, even if the FCC concludes that it is in such a big threat? I thank Mr. OBEY for with- law enforcement initiatives, the Community the public interest to further tighten, and not drawing his amendment. Oriented Police Services (COPS) program. relax, media ownership rules. As such, we Mr. BENTSEN. Mr. Chairman, I rise in sup- This legislation would cut $17 million from must allow the FCC to do its job without inter- port of H.R. 2500, legislation to fund the De- COPS. This may not sound like a lot of ference from Congress. partments of Commerce, Justice and State money, but when you have a program whose Furthermore, some the FCC’s current rules Appropriations for Fiscal Year 2002. Though goals is to get more officers on the streets, on broadcast ownership are being currently the measure calls for a reduction to the highly patrolling our neighborhoods and protecting challenged in court. Under the Obey Amend- successful COPS community policing pro- our families, any cut is the wrong way to pro- ment, if the Court vacates the rules and re- gram, I believe that this measure, on balance, ceed. mands the case to the Commission, the FCC adequately addresses our domestic and for- We should be standing here, talking about will be unable to act pursuant to the Court’s eign commitments to justice and crime preven- ways that we can increase funding for this order because the expert agency would be tion. program, so that more communities can take blocked from doing its job. The bill would fund the activities of Com- advantage of it and put more officers on the And what do Members of this body have to merce, Justice and State departments, as well beat. fear by allowing the FCC to do its job and re- as the judiciary and related agencies, at $41.5 In my hometown of Houston, more than view its rules to determine if they serve their billion, which represents an increase of about 1,000 new officers have been hired by law en- intended purpose? Most agree that in today’s 4 percent over the current spending levels, 2 forcement agencies. And COPS doesn’t just day and age, many such rules are antiquated, percent more than the President requested. It provide money for new officers for patrolling. irrational, and inconsistent with the public in- is important to note that the President’s budg- COPS has other programs, like COPS in terest, thereby doing more harm than good et calls for increasing the funding level for all Schools, which funds the hiring of officers to when it comes to competition. This, being the appropriated programs is to be increased by make the schools where our children learn reason why the Commission is required to ex- 3.8 percent over the Congressional Budget Of- and my wife teaches, safer and more secure. amine its rules, would be prohibited if this fice’s 2002 baseline, which is about the Other programs, like COPS MORE (Making amendment is accepted. amount necessary to maintain purchasing Officer Redeployment Effective), provides The rules my friend from Wisconsin fears power at the 2001 level. However, adherence funds to acquire new technologies and equip- would be changed were developed in the to this strict limitation, while at the same time ment, and hire civilians for administrative 1940s and 1950s. America has come a long increase defense and education spending, tasks. This allows more police to spend their way since the era when we had to let the old translates into a 1.2 percent reduction in fund- time pounding the pavement and stopping black-and-white TV sets warm up. Scanning ing in real terms. Nonetheless, Mr. Speaker, I crooks, instead of pounding the typewriter in the landscape today, one easily sees there believe H.R. 2500 represents a reasonable station houses. are now 9 national broadcast networks, hun- starting point for negotiation with the Senate Since its authorization by the Violent Crime dreds of cable stations serving nearly 70 mil- over funding priorities, taking into account the Control and Law Enforcement Act of 1994, lion households, 17 million home satellite sub- fact that the Senate traditionally sets funding COPS has added more than 110,000 commu- scribers, and these trends don’t even reflect at a higher level than the House. nity policing officers to our nation’s streets. the millions of people who surf the Web for Under H.R. 2500, the Justice Department is This is a program that works, and I hope their news and commentary. slated to be funded at the $21.7 billion level, that in the future, we can stand up and talk The author of this amendment may also a 3 percent increase over the current level about how much money we are adding, rather know that in the summer of 1999, the FCC re- and the level requested by the President, and than cutting, from this worthwhile program. laxed some of its broadcast ownership rules. the judiciary is to be funded at the $4.7 billion Mr. STEARNS. Mr. Chairman, I appreciate And not surprisingly, consumers, competition, level, a 10 percent increase over last year, but my colleagues from Wisconsin, Mr. OBEY, for and Democracy were not harmed in any way. 4 percent less than the President’s request. not offering his amendment prohibiting the Had his amendment been accepted back then, While I am pleased that H.R. 2500 would in- Federal Communications Commission (FCC) none of those changes would have been al- crease the funding to important law enforce- from expending any funds to modify its media lowed. ment entities such as the INS, FBI, DEA, fed- cross ownership and multiple ownership rules. I would argue that the FCC should continue eral prison system, U.S. Court of Appeals and Had such an amendment been offered, I to relax more of its ownership rules. Like I did the Supreme Court, I am disappointed that it would have opposed it. in the last Congress, I recently introduced leg- calls for a 2 percent reduction to the COPS As Vice-Chairman of the Telecommuni- islation to broadly deregulate the restrictive program. At the same time, I do recognize that cations and Internet Subcommittee, I am con- ownership limitations imposed by the FCC on agreeing to funding COPS at the $1.01 billion cerned anytime this body considers tele- the television broadcast industry. My legisla- is an accomplishment in itself, given the fact communications policy without properly allow- tion increases the national ownership cap from that this program is often the target for deep ing the committee of jurisdiction and 35 percent to 45 percent, a reasonable re- cuts in the House and that program was slat- experise—the House Energy and Commerce sponse to the shifting needs of viewers and ed to be cut by 21 percent under the Presi- Committee—from deliberating on the ramifica- the industry. Furthermore, the FCC’s current dent’s budget. tions of such a policy change. Quite simply, rules of owning two stations in the same mar- I would also like to recognize the Commit- there is a reason who this body does not leg- ket (duopoly) and definition of what constitutes tee’s diligence in setting funding of other law islate on appropriations vehicles. And as such, a voice defies logic and is unjustified. My leg- enforcement programs that provide substantial telecommunication issues and should be left islation adds some sense by defining cable as support to state and local authorities in the ad- up to the committee overseeing telecommuni- an independent voice. Additionally, it also re- ministration of justice at or above this year’s cations policy. In fact, the House Energy & peals the FCC’s rules that restrict a news- level. Given the sharp cuts called for in the Commerce Committee has not been given the paper from owning a local television station President’s budget, this was no small feat. I opportunity to analyze the ramifications of within the same market. Such a repeal will re- am pleased that H.R. 2500 adequately funds

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00084 Fmt 7634 Sfmt 9920 E:\CR\FM\A18JY7.099 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4201 the State Criminal Alien Assistance Program which relates to the security of U.S. diplomatic appropriations for the Departments of (SCAPP) which the State of Texas relies on to facilities—I am pleased that a 20 percent Commerce, Justice, and State, the Ju- ensure that the federal government to pay its budget increase for embassy security and diciary, and related agencies for the fair share of the costs associated with the in- construction is included in this legislation. In fiscal year ending September 30, 2002, carceration of criminal aliens. H.R. 2500 funds an era of increasing terrorist attacks against and for other purposes, pursuant to SCAPP at $565 million, more than double the U.S. citizens and our interest abroad, I believe House Resolution 192, he reported the Administration’s request. Additionally, the we should be doing much more to increase bill back to the House with sundry Local Law Enforcement Block Grant program, the safety of our diplomatic corps working amendments adopted by the Com- which provides block grants to be used for a overseas. Overall, I believe the funding pro- mittee of the Whole. variety of programs to reduce crime and im- vided under this bill will assist the U.S. follow- The SPEAKER pro tempore. Under prove public safety, is level-funded at $522 through on our most critical international obli- the rule, the previous question is or- million, 30 percent more than the President re- gations within a fiscally tight, but reasonable dered. quested. Further, the Violence Against Women framework. Is a separate vote demanded on any Grants program, which seeks to encourage Accordingly, Mr. Chairman, I urge my col- amendment? If not, the Chair will put police to make arrests in domestic violence leagues to join me in support of H.R. 2500, an them en gros. cases, and to provide funding to prosecute appropriations bill that generally reflects our The amendments were agreed to. cases involving violence against women, will nation’s priorities both at home and abroad. be funded at $390 million, equal to the Presi- Mr. JONES of Ohio. Mr. Chairman, when b 2145 dent’s request and 35 percent more than the Congress passed legislation to establish the The SPEAKER pro tempore (Mr. current level. I am also pleased that this New Markets Initiative last December, it did so NUSSLE). The question is on the en- measure seeks to stem the incidence of juve- in a spirit of bipartisanship, to ensure that all grossment and third reading of the bill. nile gun crime committed by providing $20 mil- of our nation’s communities have the oppor- The bill was ordered to be engrossed lion for the creation of new federal-state task tunity to realize the American dream. forces for ‘‘Project Sentry’’ to prosecute juve- BusinessLinc is an innovative partnership and read a third time, and was read the niles who commit gun crimes and the adults between the Small Business Administration, third time. who provide those weapons. the Treasury Department, and the business The SPEAKER pro tempore. The I am also pleased that this legislation con- community. The program encourages large question is on the passage of the bill. tains a significant increase for the Immigration businesses to work with small business own- Under clause 10 of rule XX, the yeas and Naturalization Service (INS). The $5.6 bil- ers and entrepreneurs to provide technical as- and nays are ordered. lion provided under this bill represents an in- sistance and mentoring. This program will im- The vote was taken by electronic de- crease of $839 million, or 17 percent more prove the economic competitiveness of small- vice, and there were—yeas 408, nays 19, than the FY 2001 funding level, and $130 mil- er firms located in distressed areas, both not voting 6, as follows: lion more than the Administration’s request. urban and rural. [Roll No. 248] The $50 million included for Southwest Border In speaking with many small businesses in YEAS—408 Prosecution will help state and local prosecu- my community, the Eleventh District of Ohio, it Abercrombie Capuano Everett tors along the Southwest border address is clear that business success is predicted on Ackerman Cardin Farr Aderholt Carson (IN) Fattah some of the costs associated with processing a number of factors, such as the quality of the Akin Carson (OK) Ferguson drug and undocument immigrant cases re- product or service, its price, marketing, the fi- Allen Castle Filner ferred from federal arrests. We must work with nancial stability of the business, and the own- Andrews Chabot Fletcher the communities along our borders to address er’s experience. But one factor which has Armey Chambliss Foley Baca Clay Forbes the problems associated with drug trafficking been largely overlooked in legislation is a Bachus Clayton Ford and illegal border crossing, and I am pleased business person’s contacts within the commu- Baird Clement Fossella that the bill contains funds to help with this im- nity. Some call this the effect of the ‘‘old boy’s Baker Clyburn Frank Baldacci Coble Frelinghuysen portant effort. club.’’ Baldwin Collins Frost With regard to overall INS funding levels, it My constituents have conveyed their frustra- Ballenger Combest Gallegly is important to note that while other federal tion at being left out of informal networks that Barcia Condit Ganske agencies have grown at relatively slower or form the basis for later business dealings. Barrett Cooksey Gekas Bartlett Costello Gephardt flat rates, from 1994 to 1998 the INS budget These informal networks have a decided effect Barton Coyne Gibbons increased 93 percent. While I am pleased that on an owner’s ability to plan and a small busi- Bass Cramer Gilchrest Congress and the President have increased ness’ ability to grow. Simply stated—informa- Becerra Crane Gillmor resources to enforce our borders and provide Bentsen Crenshaw Gilman tion and skills are key to success. Bereuter Crowley Gonzalez citizenship-related services, I remain con- BusinessLinc will provide much-needed ac- Berkley Cubin Goode cerned about the backlog of naturalization and cess to mentoring and support for disadvan- Berman Culberson Goodlatte other immigration applications. I concur with taged businesses. In developing the Berry Cummings Gordon Biggert Cunningham Goss the Appropriations Committee Report lan- BusinessLinc program, local coalitions have Bilirakis Davis (CA) Graham guage which expressed support for the in- taken creative approaches to assist small Bishop Davis (FL) Granger creased funding contained in this bill, but also businesses to employ strategies that best re- Blagojevich Davis (IL) Graves stated that management improvements must spond to the needs of the community. Blumenauer Davis, Jo Ann Green (TX) Blunt Davis, Tom Green (WI) be undertaken to address the existing back- My colleagues, Representative NYDIA Boehlert Deal Greenwood logs. I know in the Houston Region, the back- VELA´ZQUEZ, the ranking member of the Small Boehner DeFazio Grucci log for citizenship applications can last greater Business Committee, and Representative SUE Bonilla Delahunt Gutierrez Bonior DeLauro Gutknecht than 1 year, and permanent residency—have KELLY will offer an amendment to restore fund- Bono DeLay Hall (OH) a backlog as long as 3 years or more. I am ing to BusinessLinc, the 7(a) loan program Borski DeMint Hall (TX) hopeful that the funding provided in this bill and PRIME. I urge my colleagues to support Boswell Deutsch Hansen will address the backlog issue, which has pre- the amendment and demonstrate their support Boucher Diaz-Balart Harman Boyd Dicks Hart sented a significant problem for hundreds-of- for business growth by funding BusinessLinc Brady (PA) Dingell Hastings (FL) thousands of otherwise-eligible immigrants in and other programs that are vital to the suc- Brady (TX) Doggett Hastings (WA) Texas and across the nation. cess of small business. Brown (FL) Dooley Hayes With respect to our international priorities, I The CHAIRMAN. Pursuant to the Brown (OH) Doolittle Hayworth Brown (SC) Doyle Herger believe the funding in this bill will adequately rule, the Committee rises. Bryant Dreier Hill fund our global objectives, while providing Accordingly, the Committee rose; Burr Dunn Hilleary modest increases for our diplomatic and con- and the Speaker pro tempore (Mr. Burton Edwards Hilliard Buyer Ehlers Hinchey sular programs; educational and cultural ex- NUSSLE), having assumed the chair, Mr. Callahan Ehrlich Hobson change programs; and for security and main- HASTINGS of Washington, Chairman of Calvert Emerson Hoeffel tenance of U.S. embassy facilities. While I the Committee of the Whole House on Camp Engel Hoekstra wish the Committee had appropriated more the State of the Union, reported that Cannon English Holden Cantor Eshoo Holt funds to implement the recommendations of that Committee, having had under con- Capito Etheridge Honda the Overseas Presence Advisory Panel— sideration the bill (H.R. 2500) making Capps Evans Hooley

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.091 pfrm01 PsN: H18PT1 H4202 CONGRESSIONAL RECORD — HOUSE July 18, 2001 Horn McKinney Sandlin The result of the vote was announced living museum of this part of our Na- Houghton McNulty Sawyer Hoyer Meehan Saxton as above recorded. tion’s history; but we would not have Hulshof Meek (FL) Schakowsky A motion to reconsider was laid on this replica, we would not have this Hunter Meeks (NY) Schiff the table. educational tool, if it were not for the Hutchinson Menendez Schrock hard work of many individuals who do- Hyde Mica Scott f Inslee Millender- Serrano nated their time and resources to the Isakson McDonald Sessions REPORT ON RESOLUTION PRO- effort. Israel Miller (FL) Shadegg VIDING FOR CONSIDERATION OF A notable example of this coopera- Issa Miller, Gary Shaw H.R. 2506, FOREIGN OPERATIONS, tion are the members of the South- Istook Miller, George Sherman EXPORT FINANCING AND RE- Jackson (IL) Mink Sherwood eastern Connecticut chapter of the Jackson-Lee Mollohan Shimkus LATED PROGRAMS APPROPRIA- Plumbing-Heating-Cooling Contractors (TX) Moore Shows TIONS ACT, 2002 Association who donated over $100,000 Jefferson Moran (VA) Shuster Jenkins Morella Simmons Mr. DIAZ-BALART, from the Com- of time and resources to install the John Murtha Simpson mittee on Rules, submitted a privi- plumbing, heating and cooling systems Johnson (CT) Myrick Skeen leged report (Rept. No. 107–146) on the as the ship was built at Mystic Sea- Johnson (IL) Nadler Skelton Johnson, E. B. Napolitano Slaughter resolution (H.Res. 199) providing for port. Under the leadership of Walter Johnson, Sam Neal Smith (NJ) consideration of the bill (H. R. 2506) Woycik, more than 20 volunteers from Jones (NC) Nethercutt Smith (TX) making appropriations for foreign op- 11 Connecticut firms made sure that all Jones (OH) Ney Smith (WA) erations, export financing, and related the heating, cooling and plumbing Kanjorski Northup Snyder Kaptur Norwood Solis programs for the fiscal year ending equipment was installed and up to the Keller Nussle Souder September 30, 2002, and for other pur- stringent Coast Guard standards. This, Kelly Oberstar Spratt poses, which was referred to the House in turn, assured that the Amistad can Kennedy (MN) Obey Stearns Kennedy (RI) Olver Stenholm Calendar and ordered to be printed. put to sea as a living, working, sailing Kerns Ortiz Strickland f classroom to teach this important Kildee Osborne Stump story of our people’s struggle for free- Kilpatrick Ose Stupak SPECIAL ORDERS dom. Kind (WI) Otter Sununu King (NY) Owens Sweeney The SPEAKER pro tempore (Mr. What these individuals constructed is Kingston Oxley Tanner FLAKE). Under the Speaker’s an- more than simply a replica of a ship. Kirk Pallone Tauscher nounced policy of January 3, 2001, and The Amistad is a symbol of the struggle Kleczka Pascrell Tauzin Knollenberg Pastor Taylor (MS) under a previous order of the House, for human rights and human dignity, Kolbe Payne Taylor (NC) the following Members will be recog- and it is a reminder that all people de- Kucinich Pelosi Terry nized for 5 minutes each. serve to be and want to be free. LaFalce Pence Thomas More than a century after the LaHood Peterson (MN) Thompson (CA) f Amistad incident, this replica is a sym- Lampson Peterson (PA) Thompson (MS) The SPEAKER pro tempore. Under a Langevin Phelps Thornberry bol of America’s values, as spelled out previous order of the House, the gentle- Lantos Pickering Thune in our Declaration of Independence and woman from California (Ms. WATERS) is Largent Pitts Thurman in our Constitution, that all men are Larsen (WA) Platts Tiahrt recognized for 5 minutes. created equal, that they are endowed Latham Pombo Tiberi (Ms. WATERS addressed the House. LaTourette Pomeroy Toomey by their Creator with certain inalien- Her remarks will appear hereafter in Leach Portman Towns able rights, and that these include, life, Lee Price (NC) Traficant the Extensions of Remarks.) Levin Pryce (OH) Turner liberty, and the pursuit of happiness. Lewis (CA) Putnam Udall (CO) f As we celebrate our freedom, let us Lewis (GA) Quinn Udall (NM) ON THE FREEDOM SHIP AMISTAD also thank those volunteers who made Lewis (KY) Radanovich Upton possible the construction of this rep- Linder Rahall Velazquez The SPEAKER pro tempore. Under a lica of the freedom schooner Amistad. Lipinski Ramstad Visclosky previous order of the House, the gen- LoBiondo Rangel Vitter f Lofgren Regula Walden tleman from Connecticut (Mr. SIM- Lowey Rehberg Walsh MONS) is recognized for 5 minutes. The SPEAKER pro tempore. Under a Lucas (KY) Reyes Wamp Mr. SIMMONS. Mr. Speaker, a year previous order of the House, the gentle- Lucas (OK) Reynolds Watkins (OK) woman from New York (Mrs. MALONEY) Luther Riley Watson (CA) ago the Mystic Seaport, which is lo- Maloney (CT) Rivers Watt (NC) cated in my district, constructed and is recognized for 5 minutes. Maloney (NY) Rodriguez Watts (OK) launched a replica of the freedom (Mrs. MALONEY of New York ad- Manzullo Roemer Waxman dressed the House. Her remarks will Markey Rogers (KY) Weiner schooner Amistad. Today, I rise to sa- Mascara Rogers (MI) Weldon (PA) lute some of the craftsmen and the appear hereafter in the Extensions of Matheson Rohrabacher Weller contractors who participated in the Remarks.) Matsui Ros-Lehtinen Wexler construction of that craft and helped McCarthy (MO) Ross Whitfield f McCarthy (NY) Rothman Wicker to make it seaworthy. The SPEAKER pro tempore. Under a McCollum Roukema Wilson Most of us know the story of the ship previous order of the House, the gen- McCrery Roybal-Allard Wolf and of its history, which was the sub- McDermott Rush Woolsey tleman from Indiana (Mr. BUYER) is McGovern Ryan (WI) Wu ject of a movie by Steven Spielberg. recognized for 5 minutes. McHugh Ryun (KS) Wynn The Amistad was a Spanish schooner (Mr. BUYER addressed the House. His McInnis Sabo Young (AK) traveling the coast of Cuba in 1839 with remarks will appear hereafter in the McIntyre Sanchez Young (FL) a cargo of 53 men and women on board, McKeon Sanders Extensions of Remarks.) men and women of African origin who f NAYS—19 had been enslaved. Under the leader- The SPEAKER pro tempore. Under a Barr Moran (KS) Smith (MI) ship of Joseph Cinque, they rose up Conyers Paul Stark against their captors, seized the ship, previous order of the House, the gentle- Cox Petri Tancredo and attempted to sail back to Africa. woman from Indiana (Ms. CARSON) is Duncan Royce Waters The ship eventually made landfall off recognized for 5 minutes. Flake Scarborough Weldon (FL) (Ms. CARSON of Indiana addressed Hefley Schaffer of Long Island and was brought to new Hostettler Sensenbrenner London, Connecticut, where the Afri- the House. Her remarks will appear hereafter in the Extensions of Re- NOT VOTING—6 cans were taken prisoner. They eventu- ally went on trial and won their free- marks.) DeGette Larson (CT) Spence Hinojosa Shays Tierney dom after John Quincy Adams argued f their case before the U.S. Supreme The SPEAKER pro tempore. Under a Court. previous order of the House, the gen- b 2201 Today, a replica of the Amistad, con- tleman from Florida (Mr. BILIRAKIS) is So the bill was passed. structed by the Mystic Seaport, is a recognized for 5 minutes.

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.088 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4203 (Mr. BILIRAKIS addressed the haran Africa. Of the 22 countries who woman from Ohio (Ms. KAPTUR) is rec- House. His remarks will appear here- have received debt relief under the ognized for 5 minutes. after in the Extensions of Remarks.) Highly Indebted Poor Countries initia- (Ms. KAPTUR addressed the House. f tive, over half will spend more on debt Her remarks will appear hereafter in than on primary education; and two- the Extensions of Remarks.) DEBT RELIEF thirds will spend more servicing their f The SPEAKER pro tempore. Under a debt than they spend on basic health previous order of the House, the gen- care. LAUNCH OF THE SPACE SHUTTLE tleman from Maryland (Mr. CUMMINGS) The report also highlighted the prob- ‘‘ATLANTIS’’ is recognized for 5 minutes. lem in Tanzania, where high school The SPEAKER pro tempore. Under a Mr. CUMMINGS. Mr. Speaker, I am fees are preventing primary aged stu- previous order of the House, the gen- here tonight to address the issue of dents from attending school. Although tleman from Indiana (Mr. PENCE) is debt relief for Africa, particularly as the country would like to get rid of the recognized for 5 minutes. we are on the cusp of considering the school fees and provide free universal Mr. PENCE. Mr. Speaker, soon after fiscal year 2002 foreign operations ap- primary education, they are hindered I was appointed the only freshman propriations bill. by their debt. member of the Subcommittee on Space There are many reasons why debt re- That is why I am pleased to be here and Aeronautics of the Committee on lief is important and critical to the to show my support and emphasize the Science, I determined to tour the Ken- United States. I believe we not only change that can take place if my col- nedy Space Center and witness the have a moral obligation but an eco- leagues in Congress support the effort launch of a manned mission to space. nomic impetus to ensure that we share of the gentlewoman from California Just before dawn on Thursday, July a world that is economically pros- (Ms. WATERS) to implement reforms to 12, I fulfilled that goal and was left not perous, educated and healthy. As we reverse this devastating trend. Her bill, only with a profound sense of apprecia- have seen in recent years, health and H.R. 1642, Debt Cancellation for the tion for those who make our space pro- financial problems are not constrained New Millennium Act, urges the Presi- gram work, but also with an enhanced by regional boundaries. That is why I, dent to work within the international sense of pride in being an American. and many of my colleagues, worked to financial and multilateral institutions We arrived at Cape Canaveral at mid- increase funding in the foreign oper- to modify the HIPC initiative. night in the company of 9-year veteran ations bill for HIV/AIDS and infectious Specifically, the bill will work to en- NASA Administrator Daniel Goldin. On disease programs, debt relief, basic sure that the amount of debt relief pro- the way to the launch site, our group of education, child survival, and micro- vided by the IMF and World Bank seven Members of Congress and their enterprise programs, among others. under the initiative cancels 100 of the staffs was confronted with the sight of Although details have not been pro- HIPC’s debt burden, and to ensure that the Shuttle Atlantis, just one mile the provision of relief cannot be condi- vided, I am pleased to note that Presi- away. The shuttle and booster rockets tioned on a country’s implementation dent Bush is thinking about innovative stood straight up, steaming in the of a structural adjustment or stabiliza- ways to address the issue of poverty darkness, illuminated by billion-watt tion program of the Poverty Reduction and debt relief. It was reported he in- searchlights. and Growth Facility of the IMF, which tends to push the World Bank to ex- With its 18 million pounds of hard- has had a history of further siphoning tend more grants instead of loans to ware, fuel, and payload, the bright away funds from investments in health developing countries as a way to re- white craft stood, as Astronaut Edward duce their debt burden. I believe this care and education. Again, Mr. Speaker, I appreciate Lu told me that evening, ‘‘creaking effort is a step in the right direction. being afforded this opportunity to and steaming like an animal waiting to However, it demands we remain com- speak on this very important issue. I leap into space.’’ mitted in word and deed to ensuring look forward to seeing this bill move Moments later, shortly after 1 a.m., that additional resources are provided through the House so that the positive an attack helicopter appeared, Mr. to assist in any effort to provide debt changes can be made. As such, I urge Speaker, flying low, search lights and relief to countries most in need. my colleagues to support the economic guns sweeping the road between the as- Mr. Speaker, I am a strong advocate livelihood and social well-being of our tronauts’ residence building and the 1 for providing resources to developing world’s families and children. A launch site. countries so that the residents will be afforded the same opportunities that f b 2215 we have here in America. Unfortu- The SPEAKER pro tempore. Under a After the gunship completed its re- nately, despite our efforts to provide previous order of the House, the gen- connaissance, the bus carrying the five development assistance and debt relief, tleman from California (Mr. HUNTER) is brave astronauts of STS–104 sped past many countries are crushed under the recognized for 5 minutes. our group. With all the enthusiasm of (Mr. HUNTER addressed the House. weight of debt burdens, a burden that schoolchildren seeing Santa at the His remarks will appear hereafter in profoundly affects the everyday health Macy’s Parade, seven Members of Con- the Extensions of Remarks.) care and education needs of millions of gress frantically waved as the bus con- families and children. f veying the crew sped past on its way to It is heartbreaking to know that ap- The SPEAKER pro tempore. Under a the launch tower. proximately seven million children die previous order of the House, the gen- From the launch area, we traveled to each year as a result of the debt crisis. tleman from Illinois (Mr. DAVIS) is rec- the Apollo Center where the viewing Further, more than 2.5 million children ognized for 5 minutes. stands were already filled with family died in the year 2000 because debt re- (Mr. DAVIS of Illinois addressed the members and friends of the crew, anx- payments have diverted money away House. His remarks will appear here- iously milling about in nervous con- from investment in basic lifesaving after in the Extensions of Remarks.) versation. We took our seats. health care. According to a recent re- f With the 4:30 a.m. announcement port released by Oxfam International The SPEAKER pro tempore. Under a that we were ‘‘go for launch’’ booming entitled ‘‘G–8: Failing the World’s Chil- previous order of the House, the gen- over the public address system, the dren,’’ poor countries are saving $1 bil- tleman from Pennsylvania (Mr. PETER- clock began to run. lion a year for schools and education, SON) is recognized for 5 minutes. At 5 minutes to launch, the ‘‘Star but 16 of the countries that get debt re- (Mr. PETERSON of Pennsylvania ad- Spangled Banner’’ blared out of the lief still spend more on debt than on dressed the House. His remarks will ap- speakers at the viewing stand, and all health care for their citizens. pear hereafter in the Extensions of Re- those in attendance solemnly rose to The report further emphasizes the marks.) their feet. role debt burdens have played in exac- f Mr. Speaker, the phrase ‘‘the rock- erbating the education crisis in devel- The SPEAKER pro tempore. Under a ets’ red glare’’ froze in those morning oping countries, particularly in sub-Sa- previous order of the House, the gentle- hours in my mind as I listened to our

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.257 pfrm01 PsN: H18PT1 H4204 CONGRESSIONAL RECORD — HOUSE July 18, 2001 national anthem. I thought of another than ever that the rockets’ red glare size three points: First, the bill is un- night sky some 150 years ago by the still gives proof in the air that this is necessary. It is unnecessary. Under light of rockets of a different sort when the land of the free and the home of the long-standing law in this country, the Francis Scott Key penned those mag- brave. Federal Government has been able to nificent lines about the United States f support faith-based groups under sev- of America. The SPEAKER pro tempore (Mr. eral conditions and several proper con- The rocket cleared the tower. Mo- FLAKE). Under a previous order of the ditions. First, that they not be directly ments after, a burst of light appeared House, the gentleman from Ohio (Mr. churches or houses of worship. That if before the gantry way. The moment BROWN) is recognized for 5 minutes. churches want to do faith-based work the main orbiter engines reached the (Mr. BROWN of Ohio addressed the with Federal dollars, they should set top of the tower, Mr. Speaker, the House. His remarks will appear here- up a separate 501(c)(3) secular organiza- humid Florida night sky turned as after in the Extensions of Remarks.) tion. Then those groups cannot pros- elytize with tax dollars, and they can- bright as day. The same instant, the f sound with all its earthshaking force not discriminate in job hiring with struck our location like a hurricane. DIVERSE COMMUNITY GROUPS OP- those tax dollars. The Earth shook and an explosion of POSE H.R. 7, COMMUNITY SOLU- Under those limited but important hot air rushed past. I felt as if the wind TIONS ACT OF 2001 conditions, for decades faith-based had been knocked out of me, the sound The SPEAKER pro tempore. Under a groups such as Catholic Charities and only becoming louder as the rocket previous order of the House, the gen- Lutheran Social Services have received climbed in the early morning sky. tleman from Texas (Mr. EDWARDS) is Federal dollars to help social work Mr. Speaker, it was as though the recognized for 5 minutes. causes without obliterating the wall of Earth gave birth to a piece of sun and Mr. EDWARDS. Mr. Speaker, today separation between church and State. was sending it home. Atlantis seemed the House was scheduled to vote on So the bill is simply a solution in almost lazy in its rate of ascent. As the H.R. 7, the so-called Charitable Choice search of a problem. ship climbed, the light from the rocket Act. However, the House Republican Secondly, as I mentioned, this bill which had, at first, shone dimly like leadership had to delay the vote be- not only allows discrimination against the dawn, turned to midday brightness, cause of objections from both Repub- American citizens based on their reli- revealing a blue sky and leaving shad- licans and Democrats alike that this gion, it subsidizes it. Let me be spe- ows on the landscape. bill would allow discrimination in job cific. If this bill were to become law I turned to look at my wife. Karen hiring based on a person’s religious and a church associated with Bob stood with wet eyes in that other faith when using Federal funds. Jones University were to receive a Fed- worldly brilliance. I was nearly over- Mr. Speaker, the truth is that we all eral grant under the program, that come with emotion. But there was still support the good work of thousands of church could use our tax dollars to put serious work to be done. faith-based charities across this coun- out a sign that says no Catholic need The shuttle climbed, leaving in its try. But the truth is also that, as more apply here for a federally funded job. wake a sycamore-like column of smoke Members of Congress and more Amer- Mr. Speaker, that is wrong. In the year 2001, over 200 years after that seemed a pillar holding heaven ican citizens learn about what is actu- the passage of the Bill of Rights, no itself. When the vehicle jettisoned its ally in H.R. 7, the support for this bill American citizen should have to pass temporary booster rockets the crowd is faltering badly. someone else’s religious test to qualify broke out into applause, but NASA Ad- Over 1,000 religious leaders, pastors, for a federally funded job. No American ministrator Daniel Goldin would have priests and rabbis have signed a peti- citizen, not one, should be fired from a none of it. His demeanor remained si- tion urging this Congress tomorrow to federally funded job simply and solely lent and stern. He explained that he did oppose the President’s faith-based because of that person’s religious faith. not celebrate launches until 8 minutes charity bill. Next, I would point out that this bill and 30 seconds into the launch. At that Why? Because it would harm reli- basically is built on a foundation of a time the main engine cutoff occurred gion, not help religion. false premise, the false premise that Why? Because it would not only and the astronauts safely reached somehow if the Federal tax dollars of allow discrimination in job hiring orbit. this government are not going directly using Federal dollars, it would actually As the light faded and the sky re- to our houses of worship and our syna- turned to the darkness of night, subsidize such discrimination. gogues and mosques, that is somehow Mr. Speaker, let me mention some of Atlantis appeared as a red dot dis- discrimination against religion. I think the diverse religious and education and appearing into the Northeast sky. Still Mr. Madison and Mr. Jefferson would civic groups and civil rights groups visible 160 miles away, we heard the be shocked by that suggestion of dis- words ‘‘main engine cutoff’’ on the pub- that stand firmly opposed to the pas- crimination against religion. I think lic address system. The entire crowd sage of H.R. 7: The American Associa- they would have argued that the Bill of broke into applause, relief and tears. tion of School Administrators; the Rights for 200 years has not discrimi- Later that morning I had the honor American Association of University nated against religion. The Bill of of speaking to over 100 mission special- Women; the American Federation of Rights has put religion on a pedestal ists in the Firing Room. I would have State, County, and Municipal Employ- above the long arm and reach of the called it mission control, but I learned ees; the American Federation of Teach- Federal Government, both Federal that title belongs in Houston. ers; the American Jewish Committee. funding and the Federal regulations I made a few comments to those Pur- The Anti-Defamation League opposes that follow. due graduates on hand and then told this bill, along with the Baptist Joint Mr. Speaker, H.R. 7 is a bad bill for all the heroes wearing headsets how Committee on Public Affairs, the Lead- our churches, our religion, our faith the words of the national anthem that ership Conference on Civil Rights, the and our country. I urge a ‘‘no’’ vote to- morning had struck me. I thanked National Education Association, and morrow. them for their professionalism, for an- the National PTA. f other safe launch, and for the inspira- Mr. Speaker, the Presbyterian tion which their teamwork and their Church U.S.A. opposes this bill, along PASS PATIENTS’ BILL OF RIGHTS spirit of exploration continues to pro- with the Episcopal Church U.S.A., the FOR MEANINGFUL HMO REFORM vide to all Americans. Interfaith Alliance and the United The SPEAKER pro tempore (Mr. After sharing a meal of beans and Methodist Church, General Board of FLAKE). Under the Speaker’s an- cornbread with the crew, which is a Church and Society, along with many nounced policy of January 3, 2001, the traditional post-launch fare at NASA, other religious and civic groups strong- gentleman from New Jersey (Mr. we boarded a plane to Washington. As ly oppose the passage of this bill on the PALLONE) is recognized for 60 minutes I drifted off to sleep, Mr. Speaker, the floor of the House tomorrow. as the designee of the minority leader. words of our national anthem rang in Mr. Speaker, let me talk about what Mr. PALLONE. Mr. Speaker, this my ears, and I became more convinced is wrong with this bill. Let me empha- evening I want to spend the time with

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.264 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4205 my colleague from North Carolina expected in contract law. If you enter gentleman from Iowa (Mr. GANSKE) and talking about the Patients’ Bill of into an agreement, there is the expec- the gentleman from Michigan (Mr. DIN- Rights. I have been to the well many tation that one will receive the bene- GELL) have brought before us. It is very times to talk about this legislation. fits for which they are paying. The rea- similar. We were original cosponsors of I know that we do have a commit- son we buy insurance is to have that the last bill and with the gentleman ment from the House Republican lead- assurance that, when we need it, those from Georgia (Mr. NORWOOD) who is ership to bring up HMO reform, hope- provisions within the insurance policy also, I should say, a part of this. This fully at some point over the next 2 will be enacted. is a good, bipartisan effort to try to weeks. But what I wanted to stress to- That doctors would be able to make give the American people a reasonable night is if we are going to deal with the those decisions, that I would have a approach and a meaningful approach. issue of HMO reform, we have to pass right in the case of an emergency to go So the scare tactics that we are hear- real HMO reform, and that is the Pa- to the nearest hospital, that I would ing, I think, are unfounded. We need to tients’ Bill of Rights. It is a bipartisan have the right to get a second opinion spend as much time saying what this bill sponsored by the gentleman from or get the kind of expert medical care will do as well as what this is not. This Michigan (Mr. DINGELL), who is a Dem- that I need, that I would not be is not an effort to put a great burden or ocrat; the gentleman from Iowa (Mr. proscripted in the sense to be limited unnecessary liability on small busi- GANSKE) and the gentleman from Geor- to the minimum health care service by nesses or employers of any size if they gia (Mr. NORWOOD), who are Repub- putting a gag order on the doctors. are not involved in creating the injury licans. The doctors would be free to provide or the health provision that resulted in This bill or a similar bill passed in the kind of leadership in health serv- injury or death. I thank the gentleman for allowing the last session of Congress overwhelm- ices that they and they alone are capa- ingly, almost two-thirds of the Mem- me to participate. ble of doing, and that a doctor would Mr. PALLONE. I want to thank the bers, most Democrats, and 60-some-odd not be held in violation of his contract gentlewoman for all her participation Republicans. However, once again the if he gave several options and pre- and everything that she has done to try House Republican leadership does not scribed, perhaps, the option best for me to put this patients’ bill of rights to- support it and does not want to bring it that may be a little higher cost than gether. There are a couple of things up and is trying, even after a similar the health insurance desired. that she mentioned that I wanted to bill passed the other body, is trying to b 2230 repeat, and I think are important and kill it effectively by coming up with need to be repeated. One is that if you what I consider a sham HMO bill and This is a commonsense approach, and the scare tactics that we have heard in- think about what we are really trying trying to get support for that sham Re- to do here, there really are basically publican HMO bill. deed is unfounded. What this bill is not, this bill is not an effort to in- two principles: one is that we want to I would like to speak tonight to ex- make sure that decisions about what plain not only why the real Patients’ crease greater liability on small em- ployers and by and large small employ- kind of medical care a patient gets or Bill of Rights should be brought to the an American gets is a decision that is ers are held liable as well. They are floor immediately and passed but also made by the physician and the patient, paying part of the costs and these are why it is such an improvement, as op- not by the insurance company, not by provisions that they are paying dearly posed to the sham bill that I fear the the HMO. Too often today I get com- for and they expect that their employ- Republican leadership may try to slip plaints from my constituents in New ees will receive the benefits for which by. Jersey who say that they were denied they are paying for. But at this time I yield to the gentle- care, they were denied a particular op- My understanding as well is that this woman from North Carolina (Mrs. eration, they were denied to stay in the bill will amend, or is in the process of CLAYTON), who has worked long and hospital a certain number of days, they amending itself to conform with the hard, I think too many years that we were denied a particular procedure be- Senate’s bill, that the liability there have worked on this bill, and we hope cause the insurance company did not it will come to the floor in the next few would be consistent here. Only in those want to pay for it. That should not be weeks. cases where you are self-insured or in- the way it is. Decisions about what Mrs. CLAYTON. Mr. Speaker, I deed you make a decision would there kind of care you get, medical decisions, thank the gentleman for his leadership be any case of liability. Furthermore, have to be made by the physicians. on this issue. He has not only been the external appeal system in the bill That is why we have physicians. That working hard, but he has been per- does provide for an orderly appeal proc- is why decisions are made collectively sistent and insistent that we stay on ess which suggests that before there is by physicians and their patients. course. a remedy as a lawsuit, one would be ex- The second thing is that if you have Mr. Speaker, what we want to bring pected that they use that appeal proc- been denied care and you think un- to our colleagues’ attention and there- ess before they indeed resort to the justly so, you have to have some abil- fore their awareness and appreciation, legal area. ity to redress your grievances, to ap- not only do we think that the Amer- Again the consistency between peal that. What we suggest in the pa- ican people want this but we also think States, I know the Senate bill, my Sen- tients’ bill of rights, what we guar- that the scare tactics that we hear that ator, Senator EDWARDS, has been work- antee, is that you can go to an inde- are being promoted that this bill will ing very hard with Senator MCCAIN and pendent review board, outside the somehow cause employers to have Senator KENNEDY to make the bill that realm of the HMO, not appointed by greater liability, therefore, increase they pass consistent with States and the HMO, and that they will review the the costs, reducing the opportunity for where States had stronger views, decision and if they feel that you were having insurance coverage for their stronger provisions, they would indeed improperly denied care, then they can employees, I think it is a scare tactic. be the ones that would govern. overturn the decision of the HMO or Indeed, the Ganske-Dingell bill does So there has been every effort to the insurance company. Failing that, provide for accountability, but that ac- speak to issues that have been raised, you can go to court and ask that it be countability goes only for insurance and I think it is now time for the lead- overturned or sue for damages if you companies or individuals who interfere ership of the House to bring this bill so have been injured and there is no real in the provisions of health care. It does that we can have an up or down vote. I recovery from those injuries. not hold small businesses responsible think the American people want it, I These are just basic rights. Most peo- or accountable if they indeed are not think the votes are here, and I think it ple, until they get into a situation interfering in the decision. is the right thing to do. where they have been denied care, have All this Patients’ Bill of Rights does Again, I thank the leadership of the no idea that what I am suggesting is is give the patients the right to expect gentleman from New Jersey (Mr. not already the law. They think it is and to receive what they have con- PALLONE) and others who have been the law. They think it is fairness, tracted for in their health insurance. working on this task force and cer- which is essentially all we are asking That is not too much to ask. That is tainly support the efforts that both the for.

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.267 pfrm01 PsN: H18PT1 H4206 CONGRESSIONAL RECORD — HOUSE July 18, 2001 The other thing that my colleague Governor cited his concern that the come that you should and do have the from North Carolina mentioned that I legislation would run up health care right under our Constitution to an think is so important is that we as costs and create unnecessary litiga- open court to be able to go in to file Democrats and a significant amount of tion. your grievance and get a decision by a Republicans as well in this Chamber, I am pleased to report that in the jury of your peers. we are simply asking for an oppor- years since 1997 in Texas, there have Some have even suggested that the tunity to vote on this bill. This bill only been 17 lawsuits filed under our Fletcher bill may, in fact, be unconsti- was voted on in the other body. It is patient protection legislation. There tutional, because it prevents a patient now over here. It should be taken up have been 1,400 patients who had the from going to court if they are un- here in the House of Representatives; right under the Texas bill to object to happy with the decision. and we should be allowed a clean vote, the findings of the review panel and go We are talking here about life and not bogged down with all kinds of pro- to the external appeal process, which is death decisions. We are talking about cedures so that we cannot vote on it, an independent appeal process, to have making HMOs accountable just as and certainly not have an alternative their grievance heard. In those 1,400 ap- every other business organization in bill which the Republican leadership peals to the external panel, 54 percent our society is now accountable. There has put forward which is not protective of the time the patients have prevailed, is not one entity, not one person, not in the same way of patients. To give us 46 percent of the time the HMOs have one business in this country that is not the opportunity to vote on that and prevailed. As I said, the next step, liable in the courts of our land for their say that is HMO reform and then not going to court to exercise your legal negligent acts. I have always believed have the opportunity to vote on the rights, that has occurred in only 17 if our court system says that if a doc- real patients’ bill of rights I think is a cases since 1997. tor makes a mistake in giving you travesty. And I hope that that is not So in Texas, the law is working. The medical treatment, if they are guilty of what the Republican leadership has in Norwood-Dingell-Ganske bill is mod- malpractice and the law provides that mind, although there is every reason to eled after the law in Texas. It creates a patient has a remedy if malpractice believe that, in fact, that is the case. this independent review panel. It al- is committed, then they also should I see I was joined also by my col- lows a person, if they are not satisfied have a remedy if an HMO commits league from Texas. I was hoping, and I with the decision of the external re- malpractice. Because under the system know that he will also get into the fact view panel, to exercise their right to go of managed care that is becoming so that in the State of Texas, our Presi- to court to receive the treatment they popular in this country, HMOs are, in dent Bush was the Governor of Texas are entitled to. I think the experience fact, making medical decisions. I have and while he was there, the Texas leg- across this country will be much the talked to many doctors who are totally islature passed a patients’ bill of same as it has been in Texas, with very frustrated with the current system, rights, very similar to the patients’ bill minimal litigation. So I am very hope- when they have to argue for hours on the telephone with an insurance clerk of rights that we now seek to have ful that this Congress and this Presi- trying to get the treatment for their voted on here. dent will see fit to sign the Dingell- It has been a tremendous success. It Norwood bill which I am confident will patients approved that they think is has not resulted in much litigation. pass. After all, it has already passed in medically necessary and the HMO and People have been able to overturn deni- the last session, the 106th Congress, by their representative are saying no, in als of care on a regular basis without a solid margin in this House. our judgment, it is not medically nec- having to go to court. It works well, As the gentleman will recall, it went essary. Patients are entitled to quality and there is absolutely no reason why to the Senate after it passed in the health care in this country. We have the same type of legislation should not House and died in the Senate. This year, we have an opposite scenario. The one of the finest health care systems in be passed on a Federal level so every- the world. And we have got to be sure bill has already passed in the Senate one in every State can have the same we protect it. I tell my friends in the and is now back in the House to be benefits that the citizens of Texas HMO industry and the insurance indus- voted on again. I am confident that have. try that they have an important obli- I yield to the gentleman. He has also this bill will be passed, and I hope that gation, too, and, that is, to help us cre- been a very active member of our the President will sign it when it ate a system where all of the parties health care task force. reaches his desk. will be satisfied with the outcome, be- Mr. TURNER. I thank the gentleman I would like to share my thoughts on cause I am a firm believer that we from New Jersey (Mr. PALLONE) for the differences in the Dingell-Norwood must protect what we know is the best yielding. It is a pleasure to join him in bill and the other version of the pa- health care system in the world. And this special order hour to talk about tient protection law that will be of- with more and more health care being this very important issue for the peo- fered by the gentleman from Kentucky delivered by managed care, we have got ple of America, the patients’ bill of (Mr. FLETCHER), a Republican. This leg- to make it work for everybody, not rights. We have been working on this islation offered by the gentleman from just the insurance companies, but for Kentucky does not provide the same bill for the last 4 years. Ever since I the patients, for the health care pro- protections for patients as the Dingell- have been in this Congress, we have viders, for the doctors that are making Norwood bill does. It is deficient in sev- been working trying to pass a patients’ the decisions about your health care eral respects. bill of rights; and I think now is the and mine. First of all, the bill does not provide time to pass a good, strong bill for the And if we fail to make this system a meaningful appeals process for a pa- American people. work for everybody, then I hasten to tient. In fact, the bill provides very When I was a member of the Texas think that we might come to the point specifically that if the external review Senate, I was the Senate sponsor of the where somebody will say, we have got panel makes a decision and the HMO first patient protection bill offered to have a new system of health care, follows that recommendation and that anywhere in the country. It passed our we have got to have a system like they decision, then no one has the oppor- legislature overwhelmingly, with very have in Canada, we have got to have a tunity to appeal anywhere. That to me little dissent. Unfortunately in that system like they have in Europe; and I seems to be very unfair. Under the Nor- session of the legislature, the Gov- do not think we should go in that di- wood-Dingell bill by contrast, once the ernor, then Governor Bush, vetoed that rection. bill. external review panel makes a deci- The legislature in the following reg- sion, if either party is dissatisfied, they b 2245 ular session broke the bill down into have their constitutional right to go to So we all have a stake in making this four parts, passed it again, overwhelm- the courthouse and to get a judgment system of managed care work, and ingly, the Governor signed three of the that they think is correct. It seems to work for all of the parties in the sys- bills and let the fourth, relating to ac- be fundamental in this country that if tem, not just the insurance companies. countability and liability of HMOs, be- you set up an administrative review When we look at the Fletcher bill, we come law without his signature. The procedure and you do not like the out- also see numerous other deficiencies.

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.269 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4207 We see a provision in that bill that the Employment Retirement Income I did not want to dwell upon it too would require one when they do have Security Act that regulates health much, but I just wanted to mention a the opportunity, which is rare, to ap- plans and retirement plans that oper- couple other examples. We have to peal to the courthouse, that they have ate in more than one State, is the only keep in mind when we talk about these to go to Federal Court. reason that we are in the predicament procedures to overturn a denial of care Now, most of us understand that that we are in today, having to pass that the people that are seeking to do most litigation regarding tort liability legislation to be sure that patients are that are ill. Oftentimes they are very is handled in the State court system. protected. Because after we passed our ill. They need action fast. They cannot Most of us are familiar, when we have good legislation in Texas, which, as I sit around forever if the HMO denies an automobile accident, somebody has said, has only resulted in 17 lawsuits in them an operation or procedure. to go to court to recover damages, they the last 4 years, what we found is that So it is very easy, as I think they do go in the courthouse in their local a court decision handed down by one of in the Fletcher bill, in the Republican county, where they usually have a our Federal courts in a suit in which bill, to tweak the bill in a way so that State District Court. They do not trav- the Aetna Insurance Company was in- that procedure becomes meaningless. I el hundreds of miles away to have to go volved, overnight made a large portion do not want to dwell on it too much, to the nearest Federal court, they go of our folks in Texas exempt from the but this is one of the things I thought the State court. Traditionally, these State laws that we had provided, be- was so important, was in the Ganske- kinds of matters are reserved for State cause the court ruled that part of our Dingell proposal, the real Patients’ Bill courts. State law and its coverage was pre- of Rights, there is a requirement that The bill we passed in Texas in 1997 empted by this arcane Federal ERISA decisions are made in accordance with sets up a fair procedure for allowing law. the medical exigencies of the patient’s So all we are trying to do is restore the patient, if they are dissatisfied case, and there is a requirement that the accountability that was provided in with the review process, to go into patients have a right to appeal to an the law in Texas and many other State court. The Fletcher bill will pre- external review before the plan termi- States for HMOs by passing a law that empt that legislation. It will put these in essence repeals an exemption that nates care. kinds of cases in Federal court. It will Those are not in the Fletcher bill. most, thought was not even in the law federalize these causes of action, take They do not take into account timeli- until the court ruled, created by a law them out of the State courts where ness, the fact that you do not have a passed by this Congress way back in they have traditionally been. 1974. lot of time to appeal or to go to an ex- I believe this is an important State All we are doing in this legislation ternal review board. There are little right that must be preserved. We do really is putting the HMOs back in the things like this, I am not going to get not need to get into a system where same position as every other individual into them, but they make it very dif- these kinds of cases have to be dealt and every other business in this coun- ficult. If you are in a situation where with in Federal court. Most of the law- try, which, under the laws of our land, you are denied care and need the oper- yers in your hometown and mine are if they commit a negligent act, if they ation, that you can in a timely manner accustomed to going to State court, wrongfully refuse to provide health reverse that decision. not to Federal court. So we remove by care, if they wrongfully deny medical So I just mention it, because I know one step further the ability to get re- treatment, they are ultimately ac- a lot of times we talk about all these dress of grievance, if we require these countable in the courts of this land. So details, Federal versus State court, kinds of cases to go to Federal court. no longer will we allow HMOs to be ex- whatever, but these details are very So the Fletcher bill basically strikes empt, the only entity that is exempt, important, because people do not have down current State law, like we have from being responsible for their ac- a lot of options when they are sick and in Texas and many other States around tions. ill and need to immediately have ac- the country. Mr. Speaker, I hope we have a good cess to the kind of treatment that is We also know that the Fletcher bill strong vote on this bill. I hope we pass necessary for them. creates some awkward time frames for the stronger bill. I am very pleased to I see my other colleague from Texas appeal, and in many respects the legis- be able to join the gentleman from New has stood up, and I would like to yield lation makes it very hard for a patient Jersey (Mr. PALLONE) tonight in talk- to him. I know, once again, he has been to exercise their rights under the legis- ing about this important piece of legis- very much involved in this issue for a lation. We know that the independent lation. number of years both on our Health review process is much more tilted to- Mr. PALLONE. Mr. Speaker, I want Care Task Force as well as on the Sub- ward the insurance companies under to thank the gentleman, first of all, for committee on Health. the Fletcher bill than it is under the explaining how in his home State of Mr. GREEN of Texas. Mr. Speaker, I Norwood-Dingell bill. Texas that this bill has been tremen- would like to thank my colleague from I think that we must face the fact dously successful and has not brought New Jersey for hosting this Special that if we are really for protecting pa- the frivolous lawsuits that we keep Order tonight on the need for a mean- tients, we need to support the Nor- hearing from the other side, and that ingful Patients’ Bill of Rights. wood-Dingell bill. Every major medical really we have nothing to fear. It is Most folks may not know that we group, the American Medical Associa- just basically has been a success in spent 11 hours today in markup in our tion, in my State the Texas Medical every way. Committee on Energy and Commerce Association, hosts of patient groups, I know sometimes when we talk on energy legislation, and my col- have endorsed the Norwood-Dingell about the Patients’ Bill of Rights, league from New Jersey probably got bill. It is a bipartisan piece of legisla- maybe we sound a little too lawyerly tired of hearing about Texas so often, tion. and technical about how one goes but that is what we are going to talk The gentleman from Georgia (Mr. about appealing a denial of care. But about tonight. NORWOOD), the gentleman from Iowa the bottom line is, if there is no fair The gentleman from New Jersey (Mr. (Mr. GANSKE), two of the Republican way to appeal a denial of care, if you PALLONE) has been the leader for sev- leaders, a respected doctor and dentist, have not been able to get the operation eral years, and I am happy to join him have been fighting for this legislation or procedure you need, if we do not set in calling for immediate passage of a for at least 5 years. Now is the time for up a procedure to reverse that, then we real Patients’ Bill of Rights. action. I think that we can have a good might as well not pass the law. So it is We have a real opportunity to pass a bill, we can pass this bill, and we can necessary for us to go into how we go meaningful Patients’ Bill of Rights hope that the President will see fit to about letting people redress their this year. After 5 years of heated de- sign it. grievances, and it is also important to bate, the U.S. Senate passed a mean- One other issue that I wanted to point out that the Republican bill, the ingful Patients’ Bill of Rights with pro- mention very briefly about this legisla- Fletcher bill, is not going to accom- tections for both patients and employ- tion is the fact that were it not for an plish that, certainly not in any way ers. Opponents of this measure argue arcane Federal law, we call it ERISA, that I think is meaningful. that the legislation will result in a

VerDate 19-JUL-2001 05:02 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.271 pfrm01 PsN: H18PT1 H4208 CONGRESSIONAL RECORD — HOUSE July 18, 2001 landslide of frivolous lawsuits against Senate version contains additional pro- are hiding behind ERISA all over this employers, but that is simply not true. visions to safeguard employers against country, and that is why we need a na- We have a Patients’ Bill of Rights in frivolous lawsuits. Employers can only tional law. It is not sufficient to do it Texas for more than 4 years, now since be held liable if they are directly re- just in Texas or in my own State of 1997. In that time, we have had only 17 sponsible for the delay or the denial of Washington, where we just passed a lawsuits filed. That is right, only 17 treatment. So if an employer is acting law. We have done the best we can, but lawsuits. I know if you are watching like a doctor, they are going to be we are in the same place Texas is: Only this, you heard that from my fellow treated like a doctor. about 50 percent of the people are cov- Texan (Mr. TURNER) here just a few It is time that important health deci- ered by our Patients’ Bill of Rights. minutes ago. But, at the same time, we sions are made by doctors and their pa- The second thing that is worrisome have had more than 1,000 patients cases tients, and not HMO bureaucrats, and about these other bills that we see out where patients appealed a denied claim it is time the House passed the Nor- here, the Fletcher bill and others, is to an independent review organization, wood-Dingell-Ganske Patient Protec- the possibility that we will have a Fed- an IRO. tion Act. eral law that overrides what is done at In more than half of those cases, the Mr. Speaker, thank the gentleman the State level. Now, if we set a high IRO ruled in favor of the patient. That from New Jersey. He is the Chair of our standard in the State and in comes a independent review organization more Democratic Health Task Force and we Federal law with a low standard, we than half the time ruled in favor of the have worked with each other for many lose; and that is why we need to have a patient. years. Hopefully, by the time we leave provision in the bill that does not I always use the example, I would for our August district work period, we allow the Federal law that we pass here like to have more than the luck of a will have debated and passed a strong to override a higher standard that we flip of a coin when it comes to health Patients’ Bill of Rights on this floor. might have in a State. The State of care for myself, my family or constitu- Mr. PALLONE. I want to thank the Washington, the State of New Jersey ents. In Texas, more than half the time gentleman from Texas. Again, he has may decide to do something more than the IRO found the HMO was wrong in been in the forefront on this issue, not is done by the Federal law, and they whatever they said they would not only on putting together the Patients’ should have that right. They should be cover for the patient. Bill of Rights, but trying to get it able to do that. These independent review organiza- passed. Frankly, I think we are just be- Now, the history of this bill is sort of tions are important not only because coming a little impatient. This is a bill interesting. The Clintons worked very they protect the patients, but they pro- that passed in the last session, two hard at getting a health care bill to tect the HMOs as well. Under Texas years ago, overwhelmingly, almost cover all people that could never be law, the HMO that follows the rec- every Democrat, about a third of the taken away. They failed for lots of rea- ommendation of that Independent Re- Republicans, and the only problem we sons, but, certainly, in the election of view Organization cannot be held liable have is that the Republican leadership 1994, the Republicans took great pleas- for the damages in State court. That is refuses to bring it up. All we are asking ure in saying, we saved you from gov- right, an HMO who follows that Inde- for is a clean vote on the bill. ernment medicine, which was how they pendent Review Organization rec- Mr. GREEN of Texas. We are asking defeated the President’s attempt to ommendation cannot be held liable. for patients’ rights and becoming impa- give everybody universal coverage. Ev- There may be some other reason that tient. erybody remembers the Harry and Lou- they may have had a problem, but they Mr. PALLONE. Exactly. ise ads where this couple is sitting are not responsible for that decision I would like to yield now to the gen- around the dining room table saying, that was made if they stuck with it. tleman from Washington (Mr. well, can you believe it? The govern- If an HMO denies care and ignores MCDERMOTT), who is one of very few ment is going to come in and take over the review, if the patient is injured or physicians that we have in the House our health care. dies, the HMO can be held liable in of Representatives. I know that he, be- Well, the people who said they did State court. Thanks to that law, Tex- cause of his background as a physician, not want government medicine essen- ans have real enforceable laws to ob- probably more than any of us knows tially said at that same point, we are tain health care that they paid for. about the problems that patients have going to give health care coverage to But in the rest of the country, we do with HMOs and with denial of care. the insurance industry. Anything they not. In fact, even in my own district, in Mr. MCDERMOTT. Mr. Speaker, first want to do is fine, because that is the Houston, Texas, I have constituents of all, my hat is off to the gentleman. free enterprise system. Let them who have their insurance under Fed- I was sitting over in my office doing squeeze the people and let them eral law. Sixty percent of people in my my mail, and I saw these gentlemen squeeze down health care as much as district have their insurance under out on the floor talking about this possible so that they can make more Federal law. So no matter what our issue. I thought, I have to go over and money. legislatures do in Texas, New Jersey, help them and also say some things There is nothing wrong with a man- or the State of Washington, it does not that I think might be useful I think for aged care company, but it is very sim- help us under ERISA. We have to pass people trying to understand this whole ple what they do. They take in pre- a strong law here on the House floor. issue. miums and then they pay out as few Mr. PALLONE. If I could take my benefits as possible so they can give all time back, I think that is real impor- b 2300 the rest in dividends to their stock- tant, that people have to understand, The first one is, why do we need a na- holders. Now, there is nothing wrong even in Texas the majority of the peo- tional bill? Why do we not just pass it with that, except that it means that ple do not have the benefit of that at the State level? The gentleman from the patients are always being squeezed. Texas Patients’ Bill of Rights. Texas (Mr. GREEN) sort of alluded to The first obvious one that came to Mr. GREEN of Texas. Our surveys in the need for Federal protection because the Congress back in 1994 was the fact my own district, very urban, 60 percent of a law called ERISA. that women would come to the hospital of the people have group insurance ERISA was a law passed many years at 8 o’clock in the morning, deliver a under Federal law. Even though the ago to protect pensions, and it is now baby, and by 5 o’clock they were in the legislature passed something 4 years used by many corporations to protect car on the way home before the baby ago, most people get their insurance their involvement in health care so had ever had a feeding or there was under Federal law. That is why we that it cannot be touched by insurance time to observe whether the child had have to pass something here on this commissioners in States. They say the jaundice, or anything. And we called it floor like what the Senate passed. insurance commissioner has to go drive-by babies. We passed a bill This legislation contains similar pro- away. We are covered by the Federal through both Houses that said we can- tections that we have had in Texas law, law called ERISA, and you cannot not have a drive-by baby system. We including provisions for an external ap- monkey with how we do our health have to let the doctor and the patient peals process. More importantly, the care. So the managed care companies decide how this is going to happen.

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.272 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4209 Well, the next thing that happened They just made it up. I mean, they just turns out it was not anything really was women went into the hospital to made up the number of days that they big, why, they say we are not going to have a breast removed for cancer and, would provide. The testimony showed pay for it. lo and behold, they go in in the morn- that they were about to be acquired by b 2310 ing at 8 o’clock and out at 5’ clock, and another HMO, and so they were trying they were on their way home. So we to show that they were making a lot of But people go, and then because it turns out it was not anything big, then were having drive-by mastectomies in money. They just established that they say, well, we are not going to pay this country because, again, the insur- standard based on the cost, that they for it. Those kinds of issues, sort of a ance company was trying to squeeze would save money. reasonable person standard, what down the number of days they spent in One of the things that is in the Din- would a reasonable person do in this the hospital so that they could save gell-Ganske bill, it says that, with re- case, those kinds of issues, should not gard to specialty care, that the stand- money to give to their stockholders. be turned back on the patients. The patients and the doctors were frus- ard has to be that which is typical for I had a hearing in Seattle with my trated by that, so they came up here, that specialty care. They use, I do not constituents. I opened my door and and we passed another bill preventing know what they call them, the diplo- said, come on in. People told me all that, saying that the doctor and the macy board or whatever as the stand- kinds of things. For instance, thy were patient should decide it. ard. That is another major difference I told by an insurance company they Well, we were going one disease at a think in terms of why the Patients’ could not have this kind of treatment, time, the disease of the day, the dis- Bill of Rights is such a good bill. I do but somebody a thousand miles away ease du jour. We said, that is not going not remember all the details, but I re- in Kansas City or Los Angeles was hav- to work. We have to have a bill that member specifically that. ing that kind of treatment for exactly gives patients and doctors the right to Mr. MCDERMOTT. Mr. Speaker, the the same kind of circumstances. So one make medical decisions for people. It gentleman is absolutely right. In every place is doing one thing and another seems so obvious that the person that profession, every specialty in medicine, place is doing another thing, and all of is receiving the treatment and the per- whether it is pulmonary surgery or pe- these differences are based simply on son that is giving the treatment should diatrics or obstetrics or whatever, insurance companies’ decisions about be the ones to decide what is appro- there is a board that gives people the how tightly they can squeeze this issue priate. right to say, I am an obstetrician, I am down. But the insurance companies took a psychiatrist, I am a pediatrician; and There is a story or a case that came the view that they could look over those boards look at all of these par- up from Florida where a man, an elder- your shoulder and decide, that is too ticular conditions related to that spe- ly man about 75 years old who had much, or they do not need this. I had cialty and make decisions about what prostate cancer, after he had the pros- the experience, because I am a physi- is an appropriate standard of care. tate cancer removed, then they talked cian; I am a psychiatrist. I had a pa- Now, if an insurance company wants about, how do you suppress the male tient on a ward in Seattle; and they to just arbitrarily make their own hormones. Now, obviously there are a came along and said, this patient has standards of care in contradistinction couple of ways to do that. One is to to be discharged. Well, this patient was to what the doctor has been taught, castrate him. That is a one-time $1500 suicidal. I have to make the decision what he has agreed to as being an ob- operation. Or they can put him on about whether I am going to put a pa- stetrician, this is the way you handle medication that costs about a thou- tient that is suicidal out of the hos- these kinds of cases, and suddenly he is sand dollars a year. So it will cost pital and send them home, risking that told by somebody who is not in the pro- more if he lives 5 or 10 years. So they they may kill themselves, or fight with fession that they should do otherwise, made the decision to do the castration. an insurance company. So I got on the you can see the conflict. I mean, it is The man said, I do not want that. phone. Here I am talking to some very terrible for doctors. That is why doc- Again, we have these kind of things. nice woman in Omaha, Nebraska, from tors hate this so much. Here you have These are tough decisions. But they Seattle, and she is telling me that I been trained, gone to college, medical ought to be made between the doctor have to justify to her why that patient school, an internship and a residency, and the patient about what is best for can stay in the hospital another day. all this training, and here is somebody the patient, not by an insurance com- Now, it is ridiculous. I am a psychia- coming out of nowhere telling you you pany saying, ‘‘do it the cheapest way.’’ Lots of physicians are leaving medi- trist. Surgeons go through that, pedia- cannot do that; what you have to do is cine today. Many of my colleagues in tricians go through that, obstetricians, what we tell you to do. my class have said, ‘‘I am through with gynecologists, all kinds of physicians Mr. Speaker, I think that the essence this. I cannot fight with insurance go through this all the time, fighting of this whole thing is bringing it back companies any more, because it has with insurance companies, managed to a place where doctors and patients just taken all the joy, all the pleasure care companies that are making deci- make the decision. Now, the other part, and this is about out of being a physician because I am sions for patients that they have never always caught.’’ deciding, what does the ordinary cit- seen. When the physician is standing So there was a time, and the insur- there looking at the patient and they izen know? The ordinary citizen is not ance companies have changed this, but have to get on the phone and explain a physician or a nurse or anybody in there was a point where they would why to somebody who has never seen the health care profession. When they say, ‘‘You cannot even tell the patient them, it shows us how ridiculous it is. feel sick, when they feel pain in their that there is another treatment. If we It seems like this bill ought to go chest or pain in their stomach or what- only cover x, you cannot tell the pa- through immediately. ever, they go to see a physician or they tient there is y, or that there is an- Mr. PALLONE. Mr. Speaker, if I go to see the emergency room in a hos- other way to be treated. If you go over could just interrupt a second, because pital, because they are worried. to see Dr. Johnson, he’ll give you an- we had a hearing a couple of years ago, Now, it may turn out that what they other treatment.’’ I think it was one of our task force thought was a heart attack is really re- Mr. PALLONE. If I could follow up hearings, and I do not remember the lated to eating spicy food or something on that, Mr. Speaker, that is one of the details, but it directly referred to psy- else. It may turn out that it was not a things that is also a big difference with chiatry. heart attack. But to say that the aver- the Fletcher bill, with the Republican The problem was that the HMO was age citizen is supposed to make that bill. The Republican bill, as the gen- using a standard that was not really decision in their own home and diag- tleman knows, that the leadership acceptable by those who certify psychi- nose themselves, put a stethoscope on wants to bring out leaves out this basic atrists and basically saying that, for a their chest and say, well, it sounds all right, if you will, or basic protection patient who had a mental illness, they right to me, I mean, it is crazy. Every- that we have in the real patient bill of would only be entitled to, say, three body knows that. None of us wants to rights that says doctors can commu- visits, where maybe the standard for go to the emergency room in a hos- nicate freely with their patients with- the psychiatric society was 15 visits. pital, but people go, and because it out fear of retaliation by the HMO.

VerDate 19-JUL-2001 06:00 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.274 pfrm01 PsN: H18PT1 H4210 CONGRESSIONAL RECORD — HOUSE July 18, 2001 That guarantee, or the gag rule, is not forced to join the HMO. In other words, passing. It has taken us 5 years to get in the Fletcher bill. they have a difficult time staying inde- it to this point, and we have passed it The other thing that is not in the Re- pendent and relying on traditional in- again, again, and again. The insurance publican bill, it also fails to protect surance, so they are in a situation companies have killed it either in the against HMOs when they have these fi- where they have to sign up and take Senate or in the House. nancial incentives where they say to these contracts with gag rules and the It is absolutely a crime. The Amer- the doctor, if you do not provide a cer- financial incentives and all those ican people ought to demand of thier tain amount of care, or if you do not things. They are not free necessarily to Members of Congress that they vote for have your patients use the hospital or avoid all that. the Dingell-Ganske-Norwood bill. certain procedures and save us money, Mr. McDERMOTT. I was flying home I have to give great credit to the gen- then you’ll get a financial incentive, to Seattle. Sitting next to me was a tleman from Iowa (Mr. GANSKE) and sort of a rebate of some sort, there is middle-aged woman. We got to talking the gentleman from Georgia (Mr. NOR- nothing in the Fletcher bill that guar- as we were eating dinner. WOOD). They are Republicans. But when antees that those kinds of arrange- I said, What do you do? She said, I one is sick, one is not a Republican or ments could not continue. run a neurologist’s office in Vienna, a Democrat, just a sick person. They We primarily tonight have been talk- Virginia. I said, Really? You are the have taken this very professionally. ing about the patients. Of course, this one who handles the billing and all The gentleman from Iowa (Mr. GANSKE) impacts the patients as well, but there that kind of stuff? She said, Yes. I said, is a very good surgeon, and the gen- are a lot of protections for physicians Has he joined any HMOs? She laughed tleman from Georgia also has a med- so they can practice freely that are in and said, He has signed 60 agreements ical background. They have taken this the Dingell-Ganske bill that are not in with HMOs. We would have no practice and said, We do not care what our cau- this Republican bill. Those are two im- if we did not sign with all these oper- cus said, we are going to do what is portant ones. ations. right. Mr. MCDERMOTT. The whole finan- I said, Have you read all the con- In my view, that is what Members of cial incentive business of saying to the tracts? She said, Are you kidding? How Congress really should do, and I think doctors that each month they get to could I possibly read 60 contracts and all of them ought to do it. If the leader- make 80 referrals for consultation with still do business? I do not know what ship does not bring it out here pretty outside consultants, and if they make we have signed, because we had no quick, we are going to have to make more than 80 they will reduce the sal- choice, because all of our patients them bring it. ary, and if they make less they will get came in with insurance cards from b 2320 more, well, that puts that initial early those plans. If we were not in the plan, primary care physician in a very dif- we would not get paid. Mr. PALLONE. I agree. And I know ficult position, because if we have a pa- That is a big part of what is going on we are running out of time, so I guess tient who has diabetes, for instance, we out there, why it costs more money, we will finish off here; but I want to will say, well, I could handle diabetes. because you have people who are hav- say two things. I learned about it in medical school. I ing to bill all these companies with dif- First of all, I really appreciate the am not going to refer them to a spe- ferent rules. There is no single set of gentleman’s joining me tonight, be- cialist in diabetes until they get into rules. If the doctor makes a decision, if cause I think a lot of the emphasis that trouble. he has made a decision because of the we have talked about, not only tonight So they are taken care of, and then way he thought one plan worked and it but on other occasions, has been more when they get in trouble at that point is not the way the other plan worked, from the patient’s point of view. And they are sent in a mess to a specialist. then he is wrong, and they send it back what the gentleman is pointing out is That is not patient care, but that is the to him and do not pay him. Of course, that basically the patients’ bill of kind of thing that physicians are put in the patient keeps getting the bills, be- rights frees up the doctors to practice if they are trying to stay within these cause they say, your doctor has not medicine, and that if we do not do this, kind of limits, these financial incen- sent these in, or whatever. So there is in the long run we are going to lose a tives that have been put there. They this endless paper mill that gets lot of good doctors. We already have. are under tremendous tension about caught up. Patients really should not And, of course, that is a patient issue how many people they refer to special- have to worry about that. as well. Whatever helps the doctors ists when they think, this is something I had some surgery and I wound up at certainly in these circumstances also that ultimately could be a real prob- home receiving all the bills that came helps the patients. lem. I want to have somebody with from the hospital. At one point they The other thing, of course, is my more experience in this area to see had not paid a bill. I said, Well, this fear, and the reason we are here to- them now. consultant came in and saw me. Why night is because we keep hearing that The same is true in gynecological have you not paid him? They said, We the Republican leadership, which does things or in cardiac things or in psy- have not received any confirmation not want this bill and has done every- chiatric things. Why would he refer a that you were in the hospital. I said, thing over the past 5 years to kill the patient to a psychiatrist if he could where did you think I had the surgery, bill, is trying to do that again. Basi- just give them some pills and see how out in the parking lot? Because until cally, what they are doing is going to they do. They might do that once and the bills came in in the right order, the 60-some odd Republicans who voted see if it works, but at a certain point it they kept coming back to me. for the Patients’ Bill of Rights in the is better to send them to somebody That happens to people all over this last session and trying to get them to better trained who has more experi- country. Doctors spend a lot of time oppose that and support this Fletcher ence. For physicians who are caught in and money filling out forms for their Republican bill, which does not accom- that economic vice, that is a terrible patients. There is no need for that. plish the goal. My fear is that if they way to run the medical system, to say, There is no need for the insurance com- do not get enough votes to pass the I am going to hit you in your pocket if pany to do that. Fletcher bill, the Republican leader- you do what you think is best for your The reason they do that is the longer ship simply will not bring up the Pa- patient. they hold on to the money, the more tients’ Bill of Rights. If the patient knew what was in the they have to give to the stockholders. So we are just going to have to keep doctor’s mind, they would be afraid to If they paid their bills right away when holding their feet to the fire, so to go to him. they came in the money would be gone, speak. And as the gentleman says, if Mr. PALLONE. Is it not also true but this way they can invest it and they will not bring it up, I guess we that in many areas, and it depends on hold on to it and give the profits to will have to resort to a discharge peti- what part of the country one is in, but their stockholders. tion. But these procedural efforts are there are certain parts of the country, This patient bill of rights, in my difficult. It is not easy to accomplish and New Jersey is certainly one of view, in a democratic society there these things. So as the gentleman says, them, where the physician is really should not be any question about this if we can get the American people to

VerDate 19-JUL-2001 06:00 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.276 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4211 wake up sort of and say, look, this is Guam as part of Japan’s attack on U.S. month epic struggle of the indigenous something that has to be voted on; if forces in the Pacific, including the at- people of Guam, the Chamorro people, we can accomplish that, that is really tack on Pearl Harbor and the Phil- to maintain their dignity and to sur- the way to go. ippines, both areas also having signifi- vive during an occupation by the Japa- But we have to continue to speak cant U.S. forces. They all occurred on nese. out, as we did tonight and we will con- the same day, except that Guam is on In the months leading up to the war tinue to, until we have a freestanding the other side of the date line. This in the Pacific, many of the planners vote on this bill. It is that important. commemoration, which I do annually, had decided that it was not feasible to Mr. MCDERMOTT. I think what peo- and try to bring a little honor and re- defend Guam against the possible inva- ple really need to understand, too, is spect for the experiences of the people sion by Japanese forces in the sur- that in a democracy there should be of Guam, is marked by a laying of the rounding areas. All of the areas in the open debate. Both sides can make their wreath at the Tomb of the Unknowns, Micronesian region were held by Japan, case, and then we put it to a vote and which honors both the American vet- save for Guam. The rest of the islands the majority should rule. We have the erans and remembers the sacrifices of in the central Pacific were held by the majority of votes. The leadership is the people of Guam. Japanese under a League of Nations just using all the maneuvers of the par- This is also a tribute of the necessity mandate, the most significant Japa- liamentary system to keep it locked for peace, for it is only in the remem- nese installations being held in Saipan, up. But the ones they are hurting, not brance of the horrors of war that we do 100 miles to the north, and the naval themselves perhaps, maybe they have really truly remain vigilant in our forces in the Truk Lagoon, some 350 not had the experience yet, but who quest for peace. miles to the south. they are hurting are the American peo- I was privileged to lay a wreath at This decision not to build up Guam ple; and that is unconscionable, should the Tomb of the Unknowns yesterday became a major controversy in the lat- not happen. at Arlington National Cemetery hon- ter part of World War II as people re- We have been too long on the road on oring the liberation of Guam; and I was viewed the records of Congress. Even this, and I congratulate the gentleman assisted by the gentleman from Ari- though an effort was made in Congress, again for putting his time and effort zona (Mr. STUMP), the chairman of the by amendment, to try to reinforce into making this happen. House Committee on Armed Services Guam, it failed; and subsequently the Mr. PALLONE. I thank the gen- and a World War II veteran himself. people of Guam, as well as the island of tleman again. My purpose this evening, in the time Guam, was laid defenseless. f that I have, is to give a historical per- When the Japanese Imperial Forces landed on Guam in December of 1941, TRIBUTE TO VETERANS OF PA- spective to the events we are com- they basically found 153 Marines, 271 CIFIC THEATRE DURING WORLD memorating on Guam at the end of this Navy personnel, 134 workers associated WAR II week, and to enhance the under- with the Pan-American Clipper Sta- The SPEAKER pro tempore (Mr. standing of people across the Nation of the wartime experiences of the people tion, and some 20,000 civilians, KERNS). Under the Speaker’s an- of Guam and the postwar legacy which Chamorro people, who at that time nounced policy of January 3, 2001, the were not U.S. citizens but were termed gentleman from Guam (Mr. UNDER- has framed the relationship of my is- land with the United States. It is a U.S. nationals. All of the American WOOD) is recognized for the time re- military dependents had been evacu- maining until midnight. story that is both a microcosm of the heroism of soldiers everywhere and the ated from Guam in anticipation of the Mr. UNDERWOOD. Mr. Speaker, I war, with the last ship having left on suffering in particular of civilians in rise today to pay tribute to the vet- October 17, 1941. occupied areas during World War II. erans of the Pacific theatre during Despite the fact that of course we all This is encapsulated in these three World War II, especially for those who think of the Japanese attack on Pearl pictures that I brought with me today, participated in the battle for Guam; Harbor as a surprise attack because of and it is part of a lengthy display that and I also want to take the time to where it took place and the suddenness we have had called tempon gera, the honor the Chamorro people, my people, of it, I think most people at the time time of war. And down here we have the indigenous people of Guam, for were fully cognizant of the fact that 1 basically the cemetery, a temporary their show of courage during the 2 ⁄2 war was eminent in some fashion in the cemetery, in which servicemen were years of enemy occupation, and most Asian Pacific area. And proof of that is especially to pay homage to the many buried right after the battle of Guam. the fact that the American military de- lives lost during World War II, both by Here we have some servicemen enter- pendents were evacuated from Guam. men in uniform and by the civilian taining some children from Guam right But, of course, the people of Guam population in Guam, particularly the after the liberation of Guam. And this were not evacuated. lives lost at the Fena, Tinta, and is the most poignant picture of all. Ac- Chaguian massacres that occurred near tually, these are a couple of kids from b 2330 the end of the Japanese occupation. I the Cruz family. This is a young lady And it was the people who were left will be submitting a list of names for and a young man, and this is probably faced to confront the cruel occupation the record of those who suffered the the most remembered picture of the that they did actually experience in fate of death at those massacres. wartime period in Guam. Their mother subsequent months. The actual defense On July 21, 2001, at the end of this has made a flag. Their mother was a of Guam then fell to these handful of week, the people of Guam will be cele- seamstress, and she hand made this Marines and handful of sailors and ac- brating the 57th anniversary of the lib- flag; and they carried it around at the tually to the Guam ancillary guard and eration of Guam. It is that day that time of the liberation of Guam. Guam militia consisting of civilian re- commemorates the landing of the Guam has a unique story all to itself. serve forces. Third Marine Division on the shores of It is an experience of dignity in the The insular force, which was a lo- Asan and the First Marine Provisional midst of political and wartime machi- cally-manned type militia, actually Brigade, supported by the 77th Army nations of larger powers over smaller were the ones who faced the Japanese. Infantry, in Agat. I wish to extend a peoples as well as a story of loyalty to The Japanese invasion force numbering very warm Hafa Adai and sincere Si America and a demonstration of loy- some 5,000 easily overwhelmed these Yu’os Ma’ase’ to the veterans of that alty that has not been asked of any ci- men in uniform. Ironically, the only conflict who liberated Guam. I would vilian community, I believe, during the ones who really fired any shots in also like to honor and pay respect and entire 20th century. anger were Japanese Imperial Forces, remember the people of Guam and the It is important to understand that were members of the Guam insular suffering they endured for some 21⁄2 Guam was an American territory since guard who had set up some machine years under the enemy occupation of the end of the Spanish-American War gun nests in defense of the Placa de the Japanese Imperial Army. in 1898. It was invaded, as I pointed out Espana and at the governor’s offices. On the morning of December 8, 1941, earlier, in the early morning hours of Throughout the ordeal of the occupa- Japanese troops bombed and invaded December 8, 1941, and thus began a 32- tion, the Chamorro people maintained

VerDate 19-JUL-2001 06:00 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.279 pfrm01 PsN: H18PT1 H4212 CONGRESSIONAL RECORD — HOUSE July 18, 2001 their loyalty to America and their forced marches; and the preceding was quickly interrupted by the only faith that American forces would soon months also featured a great deal of Japanese counterattack of the first return to liberate them from the Japa- forced labor as the Japanese tried to day. It is also on those beaches that nese. build various installations on the is- former Senator Hal Heflin was wound- The resistance against the occupa- land in anticipation of the invasion by ed as a Marine in Guam. tion manifested itself in many, many the American forces. The people of Guam are a resolute direct forms, but none so powerful and Preceding the July 21, 1944, invasion and tenacious people as was proved costly as the effort designed to help of Guam were 13 days of preinvasion some 57 years ago as they helped the some American servicemen who had bombings that leveled almost all Marines participating as scouts, look- decided not to surrender. standing structures in Guam. It also outs and even forming little pockets of When the Japanese took over Guam, served to act as a further stimulus for armed resistance to Japanese occu- some seven sailors decided that they atrocities against the people of Guam. piers. The liberation of Guam is com- would rather hide in the jungle than As the bombardment continued, the memorated as a time of solemn mem- surrender to the Japanese. All of them, Japanese Imperial Forces, who basi- ory and remembrance every year since save one, were captured and executed cally realized their fate, that they were World War II, because it is a very spe- by the Japanese Imperial Forces. going to die either in suicide attacks or cial struggle of what must ultimately The one fortunate sailor who evaded at the hands of the Americans, in- be seen as Americans liberating people capture throughout the entire 32 flicted further brutality and mass who were their fellow Americans. This months of occupation with the assist- slaughter against the people of Guam. serves as a reminder of the spirit of ance of the Chamorro at the cost of nu- The most known and remembered mas- freedom and democracy and the high merous atrocities to them, the story of sacres were those that occurred in cost that must be paid to maintain it. this one sailor, George Tweed, was Tinta at the southern end of the island During the Japanese occupation, the made into a movie entitled, ‘‘No Man is near the Fena Caves. people of Guam suffered severe priva- an Island.’’ Tonight I try to bring attention to tions and cruel injustices. It is hard to The actual attack on Guam, the ac- another massacre that is really not perhaps explain that every family on tual liberation of Guam began on July known by very many and has not really Guam has a whole series of stories re- 21, 1944. As I have indicated, this Satur- been widely explained. lated to the Japanese occupation and day is the 57th anniversary of that Immediately after the island was se- that these stories form the corpus of a time period. But beginning in mid-June cured, U.S. Navy Commander Roger series of attitudes about the relation- Guam started to experience a series of Edison Perry filed a report on atroc- ship to the United States, the tenacity bombing runs as a result of a series of ities committed by Japanese Imperial of the Chamorro people to endure pri- preinvasion bombardment. Forces. A specific report dated August vation and still manage to survive and The preinvasion bombardment off the 16, 1944, mentions the decapitated bod- to thrive. In my own family, I am the coast of Guam was very intense, per- ies of 45 men who were discovered in youngest of 11 children that my par- haps amongst the most intense during the municipality of Yigo around the vi- ents had, I am the only child that was World War II, made more intense by cinity of the present Andersen Air born after World War II. My parents the fact that in June U.S. forces had Force base. What happened was these lost two children during the occupa- landed in Saipan and their struggles men were forcibly conscripted by the tion. To this day my mother sort of re- against the Japanese forces in Saipan Japanese forces to be of service to members where her two children were was additional reason to increase the them during their retreat from the cen- buried but we are not sure really where ferocity of preinvasion bombardment tral part of the island. Commander they are at to this day. That is not an for Guam. As well as the experience of Perry’s report indicated that the men atypical story. It was a story that al- Normandy in Europe also led to the re- were summarily executed because they most every family in Guam experi- consideration of the preinvasion bom- knew too much about Japanese activi- enced. In the interplay between these bardment of areas that were to be in- ties. The story of these men has largely men who were coming as Marines and vaded. been forgotten, and for over 50 years as soldiers and as sailors, interacting After U.S. forces began their these men have remained unnamed and with these people who had been under preinvasion bombardment, which have hardly received any mention. American sovereignty since the Span- lasted over a month, they were called Mr. Speaker, today I am going to ish American war, and in that inter- back only two hours after the initial enter what are very familiar Chamorro play, there are many, many stories bombing because of the ferocity of the names into the RECORD. The fate of about the meaning of that. In a very battle for Saipan. these and a number of other unnamed powerful and poignant sense, you had When the preinvasion bombardment men who paid the ultimate sacrifice really in Guam two sets of liberators. began in mid-June and the actual inva- during the occupation and eventual lib- You had the liberators that were com- sion occurred toward the end of July, eration of Guam indicate the height of ing in on the beaches and coming in this time period experienced by the indignities, pain and suffering endured from the ships, and you had the lib- people of Guam was the most intense by the Chamorro people due to their erators who were hiding in the moun- period of cruelty and atrocities that loyalty to the United States. Men were tains and they were coming down from had been experienced by the people taken away from their homes and fami- the mountains. In that meeting in from the Japanese forces. lies, forcibly made to serve the enemy which these stories are very much doc- This actually gave some time during occupiers, and ultimately paid dearly umented, people wept and cried for joy that 5-week’s time for the Japanese with their lives because of their alle- and the soldiers and the Marines them- forces to reinforce their position in an- giance to the United States. selves frequently broke down in tears ticipation and of course gave them ad- as they understood that something ditional opportunity to amass the b 2340 very special was going on in this par- Chamorro people on one side of the is- On July 21, 1944, the actual liberation ticular liberation in Guam in 1944. land to get them out of the way of the began. U.S. Marines landed on the nar- Over the years, I have had the oppor- battle because they knew that the row beaches of Asan and Agat to crawl tunity to discuss this, not only with Chamorro people would be of assistance up their way to what is now known as the people of Guam obviously but also to the American forces. Nimitz Hill. The men of the Third Ma- with the men who came in uniform. To In April 1944, approximately 20,000 rine Division were thrust wave after this day I am constantly amazed at the Japanese troops were brought in from wave onto Asan Beach already littered number of veterans who continue to Manchuria, and they began a wholesale with Marines that had come before show up, a little bit older but continue series of agricultural projects designed them and once on shore the U.S. forces to show up at our events. Last week- to feed the soldiers in which people were in the heart of Japanese defense end, I was at an event in San Antonio, started to experience widespread mal- fortifications. Simultaneously, the Texas, commemorating the liberation nutrition. Then you had the southern beaches of Guam were braved of Guam in which there were over 700 preinvasion bombardments, a lot of by the First Marine Brigade and this people there. This weekend there will

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.282 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4213 be numerous events not only in Guam were advocated by the local commu- tory of the United States. Its political but around the country. In San Diego nity in order to have, first of all, civil- development and its political fulfill- which has the largest Chamorro com- ian government and not the pre-World ment has yet to be fully consummated. munity in the U.S. mainland, they are War II naval government and also to Even though we call July 21, 1944, Lib- having a very special event to honor have U.S. citizenship, and those things eration Day, all of us in Guam are and bring in the veterans as their spe- came to pass as well. mindful of the fact that that liberation cial guests, and there will be an event All of these things, as we understand was liberation from enemy hands; that here in the Washington, D.C. area down the meaning of World War II for Guam we have many more struggles in our at Fort Belvoir. Of course in Guam we in its own light, we also have to bring desire to be fully liberated, to be full will have a large parade, it is the single some understanding to the meaning of participants in a democratic and rep- biggest holiday of the year, and march- war in a broader light, World War II resentative form of government, the ing down the main drive which in across this country and across the kind of government which we do not honor of the liberators is called Marine world. have today, because as a territory you Drive, we will hopefully pay witness to One of the things that is upcoming do not have voting representation in some Marines marching and when they on the national mall is the World War laws which are made that govern your march, they will surely bring the big- II Memorial. Based on what I have out- existence, the same as any other Amer- gest cheer. lined here this evening, when they first ican. By not having the right to fully The war also changed the relation- conceptualized the World War II Memo- participate in law making, you violate ship of the people of Guam to the rial, which will be built on the mall, one of the core principles of American United States. Immediately Guam was despite all of the ongoing controversies democracy, which is consent of the taken for a number of reasons. Obvi- about it, when that memorial was first governed. ously it was part of a general strategy proposed, they proposed having 50 col- So as we look back on this, and there to cripple Japan, but Guam and Saipan umns to represent basically the 50 are many, many stories that come out and Tinian were very crucial islands States. It was a little incongruous be- of World War II that I can tell, I will because those islands were fairly large cause at the time of World War II, just end with one story about a 13-year- compared to other Pacific islands in there were only 48 States. old girl. Her name is Beatrice Flores Ensley. This young lady was 13 years the central Pacific, and they also could b 2350 reach Japan. They had the ability to old in 1944. Her and a friend of hers But what was particularly disturbing reach Japan by air. So these three is- were actually caught by a Japanese pa- to me was that given this experience lands immediately became enormous trol. The Japanese patrol decided to be- which I have outlined this evening, platforms for the continual bombing of head these two young people. I think that while it is true that the 50 col- Japan. Of course off the one island of the young man was only 14 and she was umns which were being built for the Tinian is where the Inola Gay took off only 13. They cut through her neck, World War II memorial should include to bomb Hiroshima. buried her and her companion and left So those islands, the islands were each of the States, it did not include them for dead. But by some miracle, Guam. So after exerting some special taken for this particular purpose. I al- both of them survived. effort in this regard, we have been ways like to point out that one of our She was in a very shallow grave, and happy to note, grateful to note, that colleagues here in the House, the gen- Beatrice crawled out of the hole, Guam will be included in some fashion tleman from New York (Mr. GILMAN), maggots covering her wound, and she deserving its own pillar. So there are flew many combat missions out of then became over the years, and I re- now 56 pillars representing each State Guam, out of what was then North member her looking at her, I remember and territory and the District of Co- Field and what is now called Andersen seeing her when I was in high school lumbia, so that all who participated in Air Force Base. In the context of World and people remarking, oh, look at it, World War II will be recognized. you could see the enormous scar on her War II, Guam became the forward base That is particularly important in for the United States. What was Pearl neck, and she became over time a sym- Guam’s case, and it is particularly im- bol of the Chamorro people’s capacity Harbor for the first part of World War portant to understand the meaning of II was basically moved to Guam. It be- to survive. sacrifice, and not only subjecting your- She came on several occasions to tes- came, in the words of the Victory at self to the danger of death, as some- tify here in Congress at great personal Sea program on Guam, the super- times men in particularly that time pe- cost to her own psychological equi- market of the Pacific. Admiral Nimitz riod are called to do in the context of librium, because it was a memory she moved his headquarters there. Admiral war, but to understand that civilian did not like to relive. But she came Nimitz strategized, triangulated, communities like Guam experienced here and testified on behalf of bringing fought the rest of the war from Guam. war at a more direct level, suffering justice to the people of Guam for their As a result of the experience of World untold atrocities, suffering in ways in World War II experience and to gain War II, and the upcoming Cold War which I hope no community is ever some recognition. with the Soviet Union, it was decided called upon to suffer. Because of her, we were able to get a that there would be many, many mili- But it reminds us of a basic reality in Memorial Wall built in the War on the tary installations built on Guam. So human history, that there are times Pacific National Park, which is in immediately, in order to prosecute when we are called upon to suffer, Guam, which lists all the Chamorros World War II, the rest of World War II, there are times when we are called who suffered during World War II, be- because we still had the invasion of Iwo upon to fight, but there is something cause of her testimony. Jima and Okinawa and the Philippines more at stake than that, and that is I can say one thing about Mrs. to confront and many of those activi- when we say we fight for freedom and Ensley, who has since passed away, ties were triangulated out of Guam, when we say we fight for democracy that during that whole time, she was many, many military installations and when we say we fight for libera- never embittered. She never uttered were built on Guam. At any given time tion, we must understand that each one harsh word about the Japanese from the liberation of Guam until the generation is commanded, each genera- people or the Japanese army at the end of World War II, you could find as tion is responsible to make their con- time. But she took very careful note of many as 250,000 people in uniform on tribution to the perfection of libera- her experience, to explain it to other Guam while you only had a civilian tion, to the perfection of democracy, to people so that they could understand it population of about 20,000. So it be- make sure that the sacrifices of people in its own light, not as a lesson of bit- came this military supermarket from who came before us were for something terness, not as a testimony to cruelty, which World War II in the Pacific was more significant than the sacrifices but as a testimony to the human ca- fought for the balance of the war. After just at that time; that it is part of a pacity to survive, to forgive, and to in- World War II, it became a major Cold continuing saga of struggle, of the per- spire others and to command others to War base and, of course, based upon the fection of democracy. make their own contributions to the experience in World War II, there were It is no secret that today Guam is perfection of democracy and justice a number of political changes that what is called an unincorporated terri- and liberation.

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.284 pfrm01 PsN: H18PT1 H4214 CONGRESSIONAL RECORD — HOUSE July 18, 2001 I am thankful for this opportunity to 46. Reyes, Joseph C. Inspection Service, Department of Agri- present these items. I have a number of 47. Reyes, Juan Taijito (Severa) culture, transmitting the Department’s final names to enter into the RECORD for the 48. Roberto, Pedro L. G. rule—Change in Disease Status of Uruguay Fena massacre, the Tinta massacre and 49. Sablan, Francisco ‘‘Nabing’’ Manibusan Because of Foot-and-Mouth Disease [Docket 50. Sablan, Jose S. No. 00–111–2] received received July 11, 2001, the Chaguian massacre. 51. Sablan Juan S. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- VICTIM/SURVIVOR LISTING—2001 FENA CAVES 52. San Nicolas, Jesus Muna mittee on Agriculture. MASSACRE MEMORIAL SERVICES 53. San Nicolas, Jose Chaco 2952. A letter from the Acting Adminis- VICTIMS 54. Sucaldito, Agnes Nededog trator, Agricultural Marketing Service, Fruit and Vegetable Programs, Department 1. Aguigui, Balbino G. 55. Salas, Antonio Muna of Agriculture, transmitting the Depart- 2. Aguon, Jesus 56. Santos, Jose B. ment’s final rule—Tart Cherries Grown in 3. Babauta, Joseph 57. Schmidt-Yates, Alfonsina Sablan the States of Michigan, et al.; Modifications 4. Babauta, Juan B. 58. Taitano, Jose to the Rules and Regulations Under the Tart 5. Borja, Vicente Munoz 59. Terlaje, Balbino Muna Cherry Marketing Order [Docket No. FV01– 6. Camacho, Gaily Cruz 60. Topasna, Jose Q. 930–3 IFR] received July 10, 2001, pursuant to 7. Carbullido, Evelyn T. 61. Toves, Arthur Carbullido 5 U.S.C. 801(a)(1)(A); to the Committee on 8. Castro, Concepcion R. 62. Toves, Joseph Carbullido Agriculture. 9. Castro, Dolores Rabago 63. Ulloa, Juan 64. Unsiog, Agustin Nededog 2953. A letter from the Deputy Chief, Com- 10. Castro, Maria Rabago petitive Pricing Division, Common Carrier 11. Charfauros, Antonio B. f Bureau, Federal Communications Commis- 12. Cruz, Dolores J. sion, transmitting the Commission’s final 13. Cruz, Jose T. LEAVE OF ABSENCE rule—Access Charge Reform [CC Docket No. 14. Cruz, Maria J. By unanimous consent, leave of ab- 96–262] received July 10, 2001, pursuant to 5 15. Cruz, Vicente T. sence was granted to: U.S.C. 801(a)(1)(A); to the Committee on En- 16. Elliot, Antonio Cruz ergy and Commerce. Ms. WATERS (at the request of Mr. 17. Fejeran, Dolores C. 2954. A letter from the Assistant Secretary 18. Fejeran, Enrique C. GEPHARDT) for July 17 from 10:00 a.m. for Legislative Affairs, Department of State, 19. Herrera, Joe to 1:00 p.m. on account of a medical ap- transmitting certification of a proposed li- 20. Lizama, Caridad T. pointment. cense for the export of defense articles or de- 21. Lizama, Gregorio T. f fense services sold commercially under a 22. Mendiola, Juan Ulloa contract to the United Kingdom [Trans- 23. Mesa, Rosalia Pinaula SPECIAL ORDERS GRANTED mittal No. DTC 074–01], pursuant to 22 U.S.C. 24. Ana Terlaje Nededog 2776(c); to the Committee on International 25. Nededog, Juan T. By unanimous consent, permission to Relations. 26. Perez, Ana P. address the House, following the legis- 2955. A letter from the Assistant Secretary 27. Quitano, Ana L.G. lative program and any special orders for Legislative Affairs, Department of State, 28. Sablan, Nicolas heretofore entered, was granted to: transmitting certification of a proposed li- 29. Sablan, Raleigh Carbullido (The following Members (at the re- cense for the export of defense articles or de- 30. Sablan, Rosita Carbullido fense services sold commercially under a quest of Mr. MCNULTY) to revise and 31. Toves, Frank contract to Ireland, Kazakstan and Russia 32. Toves, Johnny extend their remarks and include ex- [Transmittal No. DTC 049–01], pursuant to 22 SURVIVORS traneous material:) U.S.C. 2776(c); to the Committee on Inter- 1. Aguigui, Elias San Nicolas Ms. WATERS, for 5 minutes, today. national Relations. 2. Alerta, Maria (Chong) San Nicolas Mrs. MALONEY of New York, for 5 2956. A letter from the Assistant Secretary 3. Babauta, Jesus C. minutes, today. for Export Administration, Department of 4. Babauta, Rosa C. Ms. CARSON of Indiana, for 5 minutes, Commerce, transmitting the Department’s 5. Babauta, Vicente Torres today. final rule—Exports of Agricultural Commod- ities, Medicines and Medical Devices [Docket 6. Barcinas, Joaquin Mr. CUMMINGS, for 5 minutes, today. 7. Babauta, Maria S. No. 010612152–1152–01] (RIN: 0694–AC37) re- Mr. DAVIS of Illinois, for 5 minutes, ceived July 11, 2001, pursuant to 5 U.S.C. 8. Borja, Francisco today. 9. Camacho, Francisco G. 801(a)(1)(A); to the Committee on Inter- 10. Camacho, Juan Guerrero Ms. KAPTUR, for 5 minutes, today. national Relations. 2957. A letter from the Assistant Secretary 11. Castaneda, Ana Muna Salas Mr. BROWN of Ohio, for 5 minutes, for Export Administration, Department of 12. Castro, Jose Rabago today. Commerce, transmitting the Department’s 13. Castro, Santiago Rabago Mr. EDWARDS, for 5 minutes, today. final rule— Harmonization of Definitions of 14. Chaco, Maria B. (The following Members (at the re- Terms [Docket No. 010423100–1100–01] (RIN: 15. Charfauros, Francisco Muna quest of Mr. PENCE) to revise and ex- 0694–AC03) received July 10, 2001, pursuant to 16. Concepcion, Francisco Perez tend their remarks and include extra- 5 U.S.C. 801(a)(1)(A); to the Committee on 17. Concepcion, Ignacio Mendiola International Relations. 18. Cordova, Maria Mendiola Cruz neous material:) Mr. BILIRAKIS, for 5 minutes, today. 2958. A letter from the Acting Assistant 19. Cruz, Antonio Reyes Administrator for Fisheries, NMFS, National Mr. HUNTER, for 5 minutes, today. 20. Cruz, Joaquin Mendiola Oceanic and Atmospheric Administration, 21. Cruz, Joaquin Ofricido Mr. PETERSON of Pennsylvania, for 5 transmitting the Administration’s final 22. Cruz, Jose Ofricido minutes, today. rule—Fisheries of the Exclusive Economic 23. Cruz, Juan Reyes Mr. PENCE, for 5 minutes, today. Zone Off Alaska; Emergency Interim Rule to 24. Cruz, Pedro Ofricido f Revise Certain Provisions of the American 25. De Jesus, Joaquin Fisheries Act; Extension of Expiration Date 26. Dela Cruz, Antonio Reyes ADJOURNMENT [Docket No. 010111009–1009–01; I.D. 122600A] 27. Espinosa, Jesus Mata (RIN: 0648–AO72) received July 11, 2001, pur- 28. Fernandez, Catalina C. Mr. UNDERWOOD. Mr. Speaker, I suant to 5 U.S.C. 801(a)(1)(A); to the Com- 29. Garrido, Joseph C. move that the House do now adjourn. mittee on Resources. 30. Garrido, Rosa Taitague The motion was agreed to; accord- 2959. A letter from the Program Analyst, 31. Guzman, Jesus Concepcion ingly (at 11 o’clock and 56 minutes FAA, Department of Transportation, trans- 32. Herrera, Maria p.m.), the House adjourned until to- mitting the Department’s final rule—Air- 33. Herrera, Vicente Q. morrow, Thursday, July 19, 2001, at 10 worthiness Directives; Pratt & Whitney Can- 34. Lizama, Juan Quitugua ada (PWC) Model PW305 and PW305A Tur- 35. Manguba, Josefa San Nicolas a.m. bofan Engines [Docket No. 2000–NE–24–AD; 36. Munoz, Gregorio Sablan f Amendment 39–12129; AD 2001–04–10] (RIN: 37. Nauta, Maria Babauta 2120–AA64) received July 16, 2001, pursuant to 38. Nededog, Roque Nededog EXECUTIVE COMMUNICATIONS, 5 U.S.C. 801(a)(1)(A); to the Committee on 39. Pangelinan, Francisco Sablan ETC. Transportation and Infrastructure. 40. Pinaula, John Under clause 8 of rule XII, executive 2960. A letter from the Program Analyst, 41. Pinaula, Joseph FAA, Department of Transportation, trans- 42. Pinaula, William communications were taken from the mitting the Department’s final rule—Air- 43. Quidachay, Jesus G. Speaker’s table and referred as follows: worthiness Directives; General Electric Com- 44. Reyes, Enrique Chaco 2951. A letter from the Congressional Re- pany CF6–50 Series Turbofan Engines [Dock- 45. Reyes, Gonzalo Chaco view Coordinator, Animal and Plant Health et No. 2000–NE–38–AD; Amendment 39–12136;

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JY7.286 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4215 AD 2001–04–16] (RIN: 2120–AA64) received July REPORTS OF COMMITTEES ON conservation needs and opportunities pre- 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to PUBLIC BILLS AND RESOLUTIONS sented by certain agricultural lands and to the Committee on Transportation and Infra- authorize the Secretary of Agriculture to structure. Under clause 2 of rule XIII, reports of enter into stewardship contracts with pri- committees were delivered to the Clerk vate owners and operators of these lands to 2961. A letter from the Program Analyst, maintain, protect, and care for the natural, FAA, Department of Transportation, trans- for printing and reference to the proper environmental, and agricultural resources on mitting the Department’s final rule—Air- calendar, as follow: these lands, and for other purposes; to the worthiness Directives; Pratt & Whitney Mr. THOMAS: Committee on Ways and Committee on Agriculture. PW4000 Series Turbofan Engines [Docket No. Means. House Joint Resolution 50. Resolu- tion disapproving the extension of the waiver By Mr. YOUNG of Alaska: 2000–NE–43–AD; Amendment 39–12144; AD H.R. 2543. A bill to amend title 39, United authority contained in section 402(c) of the 2001–05–07] (RIN: 2120–AA64) received July 16, States Code, to direct the Postal Service to Trade Act of 1974 with respect to the Peo- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the adhere to an equitable tender policy in se- ple’s Republic of China (Rept. 107–145); ad- Committee on Transportation and Infra- lecting air carriers of non-priority bypass versely. Referred to the Committee of the structure. mail to certain points in the State of Alaska, Whole House on the State of the Union. 2962. A letter from the Program Analyst, and for other purposes; to the Committee on Mr. DIAZ-BALART: Committee on Rules. FAA, Department of Transportation, trans- Government Reform. House Resolution 199. Resolution providing mitting the Department’s final rule—Air- By Mr. GILMAN: for consideration of the bill (H.R. 2506) mak- worthiness Directives; CFM International, H.R. 2544. A bill to direct the Secretary of ing appropriations for foreign operations, ex- S.A. CFM56–3, -3B, and -3C Series Turbofan Transportation to offer federally financed, port financing, and related programs for the Engines [Docket No. 98–ANE–57–AD; Amend- interest-free loans to public schools, munici- fiscal year ending September 30, 2002, and for ment 39–12124; AD 2001–04–06] (RIN: 2120– palities, and local governments for the pur- other purposes (Rept. 107–146). Referred to AA64) received July 16, 2001, pursuant to 5 chase of hybrid electric or other high-effi- the House Calendar. U.S.C. 801(a)(1)(A); to the Committee on ciency vehicles, and for other purposes; to Transportation and Infrastructure. f the Committee on Energy and Commerce. By Mr. BAKER: 2963. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS H.R. 2545. A bill to amend the National FAA, Department of Transportation, trans- Under clause 2 of rule XII, public Flood Insurance Act of 1968 to provide for mitting the Department’s final rule—Air- identification, mitigation, and purchase of worthiness Directives; Pilatus Aircraft Ltd. bills and resolutions of the following titles were introduced and severally re- properties insured under the national flood Model PC–7 Airplanes [Docket No. 2000–CE– insurance program that suffer repetitive 46–AD; Amendment 39–12138; AD 2001–05–02] ferred, as follows: losses; to the Committee on Financial Serv- (RIN: 2120–AA64) received July 16, 2001, pur- [Omitted from the Record of July 11, 2001] ices. suant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. KUCINICH (for himself, Mr. By Mr. BLUNT (for himself, Mr. AN- mittee on Transportation and Infrastruc- CONYERS, Mr. LEWIS of Georgia, Mr. DREWS, Mr. PALLONE, Mr. TANCREDO, ture. HINCHEY, Mr. RAHALL, Ms. LEE, Mr. Mr. BARTLETT of Maryland, Mr. 2964. A letter from the Program Analyst, CLAY, Ms. WOOLSEY, Mrs. MALONEY of PASCRELL, Mr. LOBIONDO, Mr. FAA, Department of Transportation, trans- New York, Mr. UDALL of Colorado, CAPUANO, Mr. SHAYS, Ms. DELAURO, mitting the Department’s final rule—Air- Mr. BROWN of Ohio, Ms. SOLIS, Mr. Ms. BROWN of Florida, Mr. MICA, Mr. worthiness Directives; British Aerospace FARR of California, Mrs. JONES of ISAKSON, Mr. SAXTON, Mr. SMITH of HP137 Mk1, Jetstream Series 200, and Jet- Ohio, Mr. STARK, Ms. MCKINNEY, Mr. New Jersey, Mr. JEFFERSON, Mr. stream Models 3101 and 3201 Airplanes [Dock- JACKSON of Illinois, Mr. PAYNE, Mr. ENGLISH, Mr. CARDIN, and Mr. et No. 2000–CE–54–AD; Amendment 39–12115; SANDERS, Ms. JACKSON-LEE of Texas, TOWNS): AD 2001–03–11] (RIN: 2120–AA64) received July Ms. WATSON, Mr. FILNER, Mr. DAVIS H.R. 2546. A bill to amend title 49, United 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to of Illinois, Ms. VELAZQUEZ, Mr. States Code, to prohibit States from requir- the Committee on Transportation and Infra- DEFAZIO, Mr. GUTIERREZ, Mr. HONDA, ing a license or fee on account of the fact structure. Mr. OWENS, Mr. EVANS, Ms. that a motor vehicle is providing interstate pre-arranged ground transportation service, 2965. A letter from the Program Analyst, SCHAKOWSKY, Mr. TOWNS, Ms. CARSON and for other purposes; to the Committee on FAA, Department of Transportation, trans- of Indiana, Mr. SERRANO, Mr. BAIRD, Transportation and Infrastructure. mitting the Department’s final rule—Air- Mr. HOLT, Mr. MCGOVERN, Ms. WA- By Mr. BURTON of Indiana (for himself worthiness Directives; Bell Helicopter Tex- TERS, Mr. SCOTT, and Mr. NADLER): and Mr. ARMEY): tron Inc. Model 205A–1, 205B, 212, 412, 412CF, H.R. 2459. A bill to establish a Department of Peace; to the Committee on Government H.R. 2547. A bill to require certain execu- and 412EP Helicopters [Docket No. 2001–SW– tive agencies to carry out a cost-effective 06–AD; Amendment 39–12181; AD 2001–08–04] Reform, and in addition to the Committees on International Relations, the Judiciary, program for identifying any errors made in (RIN: 2120–AA64) received July 16, 2001, pur- paying contractors and for recovering any suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Education and the Workforce, for a pe- riod to be subsequently determined by the amounts erroneously paid to contractors; to mittee on Transportation and Infrastruc- the Committee on Government Reform. ture. Speaker, in each case for consideration of such provisions as fall within the jurisdic- By Mr. DOOLITTLE: 2966. A letter from the Program Analyst, tion of the committee concerned. H.R. 2548. A bill to amend the Internal Rev- FAA, Department of Transportation, trans- enue Code of 1986 to repeal the 1993 increase [Submitted July 18, 2001] mitting the Department’s final rule—Air- in income taxes on Social Security benefits; worthiness Directives; Bell Helicopter Tex- By Mr. SMITH of New Jersey (for him- to the Committee on Ways and Means. tron Canada Model 430 Helicopters [Docket self, Mr. EVANS, Mr. SHIMKUS, Mr. By Ms. DUNN (for herself, Mr. No. 2000–SW–22–AD; Amendment 39–12146; AD REYES, Mr. STUMP, Mr. FILNER, Mr. MCDERMOTT, Mr. DICKS, Mr. SMITH of 2001–05–09] (RIN: 2120–AA64) received July 16, BILIRAKIS, Ms. BROWN of Florida, Mr. Washington, Mr. LARSEN of Wash- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the BUYER, Mr. RODRIGUEZ, Mr. BAKER, ington, Mr. INSLEE, Mr. NETHERCUTT, Committee on Transportation and Infra- Mr. SHOWS, Mr. SIMMONS, Mr. UDALL and Mr. BAIRD): structure. of New Mexico, Mr. BROWN of South H.R. 2549. A bill to amend title XVIII of the Carolina, and Mrs. CAPPS): Social Security Act to provide for equitable 2967. A letter from the Program Analyst, H.R. 2540. A bill to amend title 38, United reimbursement rates under the Medicare FAA, Department of Transportation, trans- States Code, to make various improvements Program to MedicareChoice organizations; mitting the Department’s final rule—Air- to veterans benefits programs under laws ad- to the Committee on Ways and Means, and in worthiness Directives; Hartzell Propeller ministered by the Secretary of Veterans Af- addition to the Committee on Energy and Inc. Y-Shank Series Propellers [Docket No. fairs, and for other purposes; to the Com- Commerce, for a period to be subsequently 99–NE–21–AD; Amendment 39–12168; AD 2001– mittee on Veterans’ Affairs. determined by the Speaker, in each case for 07–03] (RIN: 2120–AA64) received July 16, 2001, By Mr. HYDE (for himself and Mr. LAN- consideration of such provisions as fall with- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- TOS): in the jurisdiction of the committee con- mittee on Transportation and Infrastruc- H.R. 2541. A bill to enhance the authorities cerned. ture. of special agents and provide limited au- By Mr. CRANE (for himself, Mr. RAN- 2968. A letter from the Associate Adminis- thorities to uniformed officers responsible GEL, Mr. ACEVEDO-VILA, Mr. trator for Procurement, National Aero- for the protection of domestic Department of RAMSTAD, Mr. MATSUI, Mr. NEAL of nautics and Space Administration, transmit- State occupied facilities; to the Committee Massachusetts, Mr. MCNULTY, Mr. ting the Administration’s final rule—Secu- on International Relations. JEFFERSON, Mr. BECERRA, Mr. SEN- rity Requirements for Unclassified Informa- By Mr. PUTNAM: SENBRENNER, Mr. WICKER, Mr. GREEN tion Technology Resources —received July H.R. 2542. A bill to establish a Farmland of Wisconsin, Mrs. CHRISTENSEN, Ms. 11, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Stewardship Program designed to target ex- PELOSI, Mr. RAHALL, Mr. MENENDEZ, the Committee on Science. isting conservation programs to the specific Mr. HOYER, Mr. SERRANO, Mr.

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\L18JY7.000 pfrm01 PsN: H18PT1 H4216 CONGRESSIONAL RECORD — HOUSE July 18, 2001 GUTIERREZ, Ms. VELAZQUEZ, Mr. fall within the jurisdiction of the committee ADDITIONAL SPONSORS TOWNS, Mr. CLEMENT, Mr. BRADY of concerned. Under clause 7 of rule XII, sponsors Pennsylvania, Mr. UNDERWOOD, Mr. By Mr. SHIMKUS (for himself, Mrs. FALEOMAVAEGA, and Mr. WELLER): CAPPS, and Mr. KIRK): were added to public bills and resolu- H.R. 2550. A bill to amend the Internal Rev- H.R. 2560. A bill to establish a program for tions as follows: enue Code of 1986 to provide an appropriate an information clearinghouse to increase H.R. 17: Ms. WATERS and Ms. SLAUGHTER. and permanent tax structure for investments public access to defibrillation in schools; to H.R. 91: Mr. GILLMOR. in the Commonwealth of Puerto Rico and the the Committee on Energy and Commerce, H.R. 122: Mr. HYDE. possessions of the United States, and for and in addition to the Committee on Edu- H.R. 179: Mr. FORBES. other purposes; to the Committee on Ways cation and the Workforce, for a period to be H.R. 201: Mr. GREEN of Texas. and Means. subsequently determined by the Speaker, in H.R. 218: Mr. PETRI and Mr. THOMAS. By Mr. HILL: each case for consideration of such provi- H.R. 220: Mr. HEFLEY. H.R. 2551. A bill to modify the authorized sions as fall within the jurisdiction of the H.R. 600: Mr. BARTLETT of Maryland. land conveyance regarding the Indiana Army committee concerned. H.R. 612: Mr. MORAN of Kansas. Ammunition Plant in Charlestown, Indiana, By Mr. WELDON of Pennsylvania (for H.R. 660: Mr. BAIRD. to eliminate the requirement that the Indi- himself, Mr. MURTHA, Mr. SMITH of H.R. 687: Mr. ALLEN. ana Army Ammunition Plant Reuse Author- New Jersey, Mr. EVANS, Mr. SKELTON, H.R. 709: Mrs. CAPPS and Mr. GREEN of ity provide consideration for acquisition of Mr. GILMAN, Mr. MCHUGH, and Mr. Texas. the property; to the Committee on Armed SENSENBRENNER): H.R. 742: Mr. HILLIARD, Ms. SOLIS, and Mr. Services. H.R. 2561. A bill to increase the rate of spe- SERRANO. By Mr. KENNEDY of Minnesota: cial pension for recipients of the medal of H.R. 778: Mr. CRANE. H.R. 2552. A bill to require the payment of honor, to authorize those recipients to be H.R. 786: Mrs. LOWEY. an indemnity to sugar beet producers in the furnished an additoinal medal for display H.R. 794: Mr. MATSUI. State of Minnesota for losses sustained to purposes, to increase the criminal penalties H.R. 827: Mr. REHBERG. the 2000 crop of sugar beets as a result of a associated with misuse or fraud relating to H.R. 830: Mr. WATTS of Oklahoma, Mr. OSE, late season freeze when the damage to the the medal of honor, and for other purposes; and Mr. FOLEY. sugar beets did not fully manifest itself until to the Committee on Veterans’ Affairs, and H.R. 854: Mr. FLETCHER and Mr. BROWN of after delivery of the crop to the processor. in addition to the Committees on Armed Ohio. H.R. 912: Mr. HONDA. By Mr. KINGSTON: Services, and the Judiciary, for a period to H.R. 945: Mrs. CLAYTON and Mr. BACA. H.R. 2553. A bill to amend title XIX of the be subsequently determined by the Speaker, H.R. 959: Mr. WU, Mr. HORN, Mr. FROST, and Social Security Act to waive the obstetrican in each case for consideration of such provi- Mr. FARR of California. requirement insofar as it prevents DSH des- sions as fall within the jurisdiction of the H.R. 975: Mr. ISAKSON. ignation in the case of certain rural committee concerned. H.R. 978: Mr. ALLEN and Mr. BARTLETT of hosipitals; to the Committee on Energy and By Mr. BLAGOJEVICH: Maryland. Commerce. H. Con. Res. 187. Concurrent resolution ex- H.R. 981: Mr. EHRLICH. By Mr. KINGSTON: pressing the sense of the Congress that a H.R. 1007: Ms. SOLIS. H.R. 2554. A bill to modify the project for commemorative postage stamp should be H.R. 1026: Mr. HASTINGS of Washington. beach erosion control, Tybee Island, Georgia; issued in honor of Harold Washington, the H.R. 1090: Mr. HOLDEN, Mr. STARK, and Mr. to the Committee on Transportation and In- 42d mayor of Chicago; to the Committee on NEAL of Massachusetts. frastructure. Government Reform. H.R. 1111: Mr. SAWYER. By Ms. LEE (for herself and Mr. By Ms. ROS-LEHTINEN (for herself, H.R. 1121: Mr. PICKERING. HOYER): Mr. SMITH of New Jersey, Mr. GIL- H.R. 1136: Mr. COMBEST. H.R. 2555. A bill to amend chapter 53 of MAN, Mr. BURTON of Indiana, Mr. H.R. 1143: Mr. MCDERMOTT, Mr. HOLT, and title 5, United States Code, to include em- LANTOS, Mr. HOEFFEL, Mr. WEXLER, Mr. ACKERMAN. ployees of the legislative branch in the pro- Mr. FRANK, Mr. ROHRABACHER, Ms. H.R. 1169: Mr. PETERSON of Pennsylvania. gram established under such chapter under MCKINNEY, Ms. LEE, Mr. NORWOOD, H.R. 1180: Mr. UDALL of Colorado. which Federal agencies may agree to repay Mr. HILLIARD, Mr. RUSH, Mr. BURR of H.R. 1198: Mr. GILMAN, Mr. MCNULTY, Mr. student loans of their employees, and for North Carolina, Mr. KING, Mr. ACKER- COLLINS, Mr. COBLE, Mr. GRUCCI, and Mr. AN- other purposes; to the Committee on House MAN, Mr. CLAY, Mr. BARTON of Texas, DREWS. Administration, and in addition to the Com- Mr. ABERCROMBIE, Mr. BERMAN, Ms. H.R. 1295: Mrs. JONES of Ohio and Ms. mittee on Government Reform, for a period BERKLEY, Mr. TANCREDO, Mr. CHABOT, MCKINNEY. to be subsequently determined by the Speak- Mr. SAXTON, Mr. NETHERCUTT, Mr. H.R. 1329: Mr. KELLER. er, in each case for consideration of such pro- BENTSEN, Mr. DIAZ-BALART, Mr. CON- H.R. 1354: Mr. ACKERMAN. visions as fall within the jurisdiction of the YERS, Mr. NADLER, and Mr. TIBERI): H.R. 1360: Ms. MCCOLLUM. committee concerned. H. Con. Res. 188. Concurrent resolution ex- H.R. 1377: Mr. FORD and Mr. UNDERWOOD. By Mr. MCINNIS: pressing the sense of Congress that the Gov- H.R. 1408: Mr. KING and Mr. CHAMBLISS. H.R. 2556. A bill to amend the Act of March ernment of the People’s Republic of China H.R. 1425: Mr. THOMPSON of Mississippi and 3, 1875, to permit the State of Colorado to should cease its persecution of Falun Gong Mr. UDALL of Colorado. use land held in trust by the State as open practitioners; to the Committee on Inter- H.R. 1433: Mr. LANTOS. space; to the Committee on Resources. national Relations. H.R. 1459: Mr. JEFFERSON and Mr. BRADY of By Mr. MENENDEZ (for himself, Mr. By Mr. GALLEGLY (for himself, Mr. Texas. HOUGHTON, Mr. FLAKE, and Mr. LANTOS, and Mr. SHERMAN): H.R. 1466: Ms. HART and Mrs. THURMAN. BLUMENAUER): H. Res. 200. A resolution relating to the H.R. 1543: Mr. MALONEY of Connecticut. H.R. 2557. A bill to provide authority to transfer of Slobodan Milosevic, and other al- H.R. 1556: Mr. BOUCHER, Mr. FROST, Ms. control exports, and for other purposes; to leged war criminals, to the International ROS-LEHTINEN, Mr. LANTOS, and Mr. WELDON the Committee on International Relations. Criminal Tribunal for Yugoslavia, and for of Florida. By Mr. PETRI (for himself, Mr. KIND, other purposes; to the Committee on Inter- H.R. 1564: Ms. MCKINNEY. Mr. GREEN of Wisconsin, Mr. SENSEN- national Relations. H.R. 1650: Mr. PASTOR and Mr. PLATTS. BRENNER, Mr. RYAN of Wisconsin, Ms. By Mr. HASTINGS of Washington (for H.R. 1675: Mr. HYDE. BALDWIN, Mr. BARRETT, Mr. KLECZKA, himself, Mr. MCDERMOTT, Mr. H.R. 1724: Mr. ROTHMAN and Mr. CROWLEY. and Mr. PETERSON of Minnesota): NETHERCUTT, Mr. DICKS, Ms. DUNN, H.R. 1734: Mr. GEORGE MILLER of Cali- H.R. 2558. A bill to amend the Age Dis- Mr. LARSEN of Washington, Mr. fornia. crimination in Employment Act of 1967 with SMITH of Washington, Mr. INSLEE, H.R. 1771: Mr. DEUTSCH. respect to voluntary early retirement bene- and Mr. BAIRD): H.R. 1774: Mr. BACA. fits and medical benefits; to the Committee H. Res. 201. A resolution honoring four fire- H.R. 1808: Mr. ISRAEL, Mr. MEEKS of New on Education and the Workforce. fighters who lost their lives fighting the York, and Ms. NORTON. By Mr. SCARBOROUGH (for himself, Thirtymile Fire in the Cascade Mountains of H.R. 1849: Mr. MEEKS of New York. Mr. DAVIS of Illinois, Mr. TOM DAVIS Washington State; to the Committee on Gov- H.R. 1873: Ms. HOOLEY of Oregon. of Virginia, Mr. CUMMINGS, Mrs. ernment Reform. H.R. 1875: Ms. SLAUGHTER. MORELLA, and Mr. WAXMAN): By Mrs. MCCARTHY of New York (for H.R. 1894: Mr. HILLIARD, Mr. CROWLEY, Ms. H.R. 2559. A bill to amend chapter 90 of herself and Mr. KING): EDDIE BERNICE JOHNSON of Texas, Mr. FROST, title 5, United States Code, relating to Fed- H. Res. 202. A resolution expressing the and Ms. CARSON of Indiana. eral long-term care insurance; to the Com- sense of the House of Representatives regard- H.R. 1931: Mr. WATTS of Oklahoma and Mr. mittee on Government Reform, and in addi- ing the establishment of a Summer Emer- ROHRABACHER. tion to the Committees on the Judiciary, gency Blood Donor Month to encourage eligi- H.R. 1947: Mr. FATTAH. and Resources, for a period to be subse- ble donors in the United States to donate H.R. 1950: Mr. FORD. quently determined by the Speaker, in each blood; to the Committee on Government Re- H.R. 1979: Mr. SIMPSON, Mr. REHBERG, Mr. case for consideration of such provisions as form. THOMPSON of Mississippi, and Mr. KIRK.

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\L18JY7.100 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4217

H.R. 1990: Ms. SLAUGHTER, Ms. SANCHEZ, H. Con. Res. 131: Mr. SHERMAN and Mr. FUND’’, after the fourth dollar amount in the and Ms. VELAZQUEZ. LANTOS. fourth proviso, insert the following ‘‘(in- H.R. 1992: Mr. SCHAFFER. H. Con. Res. 162: Mr. BONIOR, Ms. PELOSI, creased by $40,000,000)’’. H.R. 1996: Mr. MCGOVERN. and Mr. MENENDEZ. In title IV of the bill in the item relating H.R. 1997: Mr. DEFAZIO and Mr. BENTSEN. H. Con. Res. 164: Mrs. LOWEY. to ‘‘CONTRIBUTION TO THE MULTILATERAL IN- H.R. 2064: Mr. MCDERMOTT. H. Con. Res. 173: Mr. EVANS, Mr. CUMMINGS, VESTMENT GUARANTEE AGENCY’’, after the H.R. 2074: Mr. HASTINGS of Florida and Mr. Mr. KOLBE, Mr. NADLER, Mr. MCDERMOTT, first dollar amount, insert the following: BLAGOJEVICH. Mr. LEVIN, Mr. BRADY of Pennsylvania, Mr. ‘‘(decreased by $10,000,000)’’. H.R. 2076: Mr. ROYCE. BAIRD, Mrs. MINK of Hawaii, Mr. KUCINICH, In title IV of the bill in the item relating H.R. 2081: Mr. KELLER, Mr. PLATTS, Mr. and Mr. FILNER. to ‘‘CONTRIBUTION TO THE ASIAN DEVELOPMENT PITTS, and Mr. GUTIERREZ. H. Con. Res. 180: Ms. RIVERS, Mr. TAYLOR of FUND’’, after the first dollar amount, insert H.R. 2096: Mr. EVERETT. Mississippi, Mr. OLVER, Ms. DELAURO, Mr. the following: ‘‘(decreased by $30,000,000)’’. H.R. 2099: Mr. INSLEE. DEUTSCH, Mr. BAIRD, Mr. BERMAN, Mr. FARR H.R. 2506 H.R. 2123: Mr. BEREUTER, Mr. SANDERS, Mr. of California, Mr. SIMMONS, and Mr. HINCHEY. OFFERED BY: MR. BROWN OF OHIO YOUNG of Alaska, Mr. RILEY, and Mr. H. Res. 132: Mr. ABERCROMBIE, Mr. AMENDMENT NO. 7: At the end of the bill, HILLEARY. MCDERMOTT, and Mr. PASCRELL. insert after the last section (preceding the H.R. 2138: Mrs. MINK of Hawaii, Mr. HONDA, H. Res. 193: Ms. SLAUGHTER. and Mr. LUTHER. short title) the following new section: f H.R. 2145: Mr. HOLT. SEC. ll. None of the funds made available H.R. 2157: Mr. OSBORNE, Ms. MCKINNEY, and AMENDMENTS in this Act may be used by the Export-Im- Mr. TURNER. port Bank of the United States to guarantee, Under clause 8 of rule XVIII, pro- H.R. 2164: Mrs. LOWEY and Mr. RUSH. insure, extend credit, or participate in an ex- H.R. 2174: Mr. LEWIS of California and Ms. posed amendments were submitted as tension of credit in connection with the ex- MCKINNEY. follows: port of any good or service by a company H.R. 2175: Mr. TANCREDO. H.R. 2506 that is under investigation for trade dump- H.R. 2212: Mr. CALVERT, Mr. HEFLEY, Mr. ing by the International Trade Commission, OFFERED BY: MR. BARTLETT OF MARYLAND KIRK, and Mr. KELLER. or is subject to an anti-dumping duty order H.R. 2235: Mr. NETHERCUTT and Mr. NOR- AMENDMENT NO. 3: At the end of the bill, issued by the Department of Commerce. WOOD. insert after the last section (preceding the H.R. 2506 short title) the following: H.R. 2249: Mr. TOWNS. OFFERED BY: MR. CARDIN H.R. 2263: Mrs. MINK of Hawaii. PROHIBITION ON IMPLEMENTATION OF UNITED AMENDMENT NO. 8: Page 108, after line 20, H.R. 2282: Mr. WATT of North Carolina. NATIONS CONFERENCE ON THE ILLICIT TRADE insert the following: H.R. 2291: Mr. TOM DAVIS of Virginia, Mr. IN SMALL ARMS AND LIGHT WEAPONS IN ALL SENSE OF THE CONGRESS RELATING TO CO- ROGERS of Michigan, Mr. HUTCHINSON, Ms. ITS ASPECTS OPERATION WITH THE INTERNATIONAL CRIMI- MCCOLLUM, Mr. BALDACCI, Mr. KUCINICH, Mr. SEC. ll. None of the funds made available NAL TRIBUNAL FOR THE FORMER YUGOSLAVIA BONIOR, Mr. WHITFIELD, Ms. MCKINNEY, and in this Act may be used to implement any Mr. HEFLEY. recommendation or requirement adopted at SEC. 579. (a) FINDINGS.—The Congress finds H.R. 2315: Mr. MILLER of Florida, Mr. the United Nations Conference on the Illicit as follows: BROWN of South Carolina, Mr. ADERHOLT, and Trade in Small Arms and Light Weapons in (1) All member states of the United Na- Mr. KNOLLENBERG. All Its Aspects (July 2001), except to the ex- tions have the legal obligation to cooperate H.R. 2316: Mr. RYAN of Wisconsin, Mr. tent authorized pursuant to a law enacted fully with the International Criminal Tri- BLUNT, Mr. TANCREDO, Mr. COX, Mr. after the date of the enactment of this Act. bunal for the Former Yugoslavia. BALLENGER, Mr. CRENSHAW, Mr. BARR of (2) All parties to the General Framework H.R. 2506 Georgia, Mr. WAMP, Mr. WICKER, Mr. Agreement for Peace in Bosnia and PORTMAN, Mr. LEWIS of Kentucky, Mr. OFFERED BY: MR. BLUMENAUER Herzegovina have the legal obligation to co- LARGENT, Mr. DEMINT, Mr. PENCE, Mr. AMENDMENT NO. 4: Page 112, after line 22, operate fully with the Tribunal in pending TERRY, Mrs. CUBIN, Mr. CALVERT, Mr. insert the following: cases and investigations. LOBIONDO, Mr. REHBERG, Mr. SCHROCK, Mr. FUNDING FOR OFFICE OF ENVIRONMENT AND (3) The United States Congress continues KELLER, and Mr. TAYLOR of North Carolina. URBAN PROGRAMS OF USAID to insist, as a condition for the receipt of for- H.R. 2323: Mr. BACHUS, Mr. ENGLISH, and eign assistance, that all governments in the SEC. . The Administrator of the United ll region cooperate fully with the Tribunal in Mr. NEY. States Agency for International Develop- pending cases and investigations. H.R. 2363: Mr. BRADY of Pennsylvania, Mr. ment shall ensure that amount of funds pro- (4) The United States Congress strongly WELDON of Pennsylvania, Mr. PAUL, Mr. vided to the Office of Environment and supports the efforts of the Tribunal to bring WEXLER, Mr. BORSKI, Mr. RUSH, Mr. KILDEE, Urban Programs of the Agency for fiscal those responsible for war crimes, crimes and Mr. FATTAH. year 2002 is greater than the amount of funds H.R. 2364: Mr. RUSH, Mr. FATTAH, and Mr. against humanity, and genocide in the received by such Office for fiscal year 2001. KILDEE. former Yugoslavia to justice. H.R. 2390: Mr. KERNS. H.R. 2506 (5) Those authorities in Serbia and the H.R. 2400: Mr. QUINN. OFFERED BY: MR. BROWN OF OHIO Federal Republic of Yugoslavia responsible H.R. 2402: Mr. QUINN. AMENDMENT NO. 5: In title II of the bill in for the transfer of Slobodan Milosevic to the H.R. 2409: Mr. NETHERCUTT and Mr. PETER- the item relating to ‘‘CHILD SURVIVAL AND Tribunal at The Hague are congratulated. SON of Pennsylvania. HEALTH PROGRAMS FUND’’, after the first dol- (6) The governments of Croatia and Bosnia H.R. 2413: Mrs. CAPPS. lar amount, insert the following: ‘‘(increased are congratulated for their cooperation with H.R. 2435: Mr. KILDEE. by $20,000,000)’’. the Tribunal, particularly regarding the H.R. 2454: Mr. WAXMAN, Mr. BERMAN, Ms. In title II of the bill in the item relating to transfer of indictees to the Tribunal. ROYBAL-ALLARD, Ms. LEE, Ms. SANCHEZ, Mr. ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS (7) At least 30 persons who have been in- THOMPSON of Mississippi, Mrs. JONES of Ohio, FUND’’, after the fourth dollar amount in the dicted by the Tribunal remain at large, espe- Mr. STARK, Mr. SCHIFF, Mr. BISHOP, Mr. fourth proviso, insert the following ‘‘(in- cially in the Republika Srpska entity of Bos- CUMMINGS, Mr. FARR of California, Mr. BACA, creased by $20,000,000)’’. nia-Herzegovina, including but not limited Ms. LOFGREN, Ms. WATERS, Mr. HORN, and In title IV of the bill in the item relating to Radovan Karadzic and Ratko Mladic. Mrs. CAPPS. to ‘‘CONTRIBUTION TO THE MULTILATERAL IN- (8) The Parliamentary Assembly of the Or- H.R. 2457: Mr. THOMAS, Mr. FLETCHER, Mr. VESTMENT GUARANTEE AGENCY’’, after the ganization for Security and Cooperation in NETHERCUTT, Mr. LOBIONDO, and Mr. PETER- first dollar amount, insert the following: Europe recently adopted a resolution that SON of Pennsylvania. ‘‘(decreased by $10,000,000)’’. emphasizes the importance of cooperation by H.R. 2484: Mr. COSTELLO and Mr. EVANS. In title IV of the bill in the item relating member states with the Tribunal. H.R. 2520: Mr. DEFAZIO. to ‘‘CONTRIBUTION TO THE ASIAN DEVELOPMENT (b) SENSE OF CONGRESS.—It is the sense of H.R. 2531: Mr. CLAY. FUND’’, after the first dollar amount, insert Congress that: H.R. 2534: Ms. LOFGREN, Ms. WATSON, Mr. the following: ‘‘(decreased by $10,000,000)’’. (1) All governments, entities, and munici- HONDA, Mrs. DAVIS of California, Ms. LEE, palities in the region, including but not lim- H.R. 2506 Ms. ROYBAL-ALLARD, Mr. FARR of California, ited to the Federal Republic of Yugoslavia, Ms. MILLENDER-MCDONALD, Mr. MATSUI, Mr. OFFERED BY: MR. BROWN OF OHIO Serbia, and the Republika Srpska entity of SHERMAN, Mr. BACA, Ms. ESHOO, Mr. WAX- AMENDMENT NO. 6: In title II of the bill in Bosnia and Herzegovina, are strongly en- MAN, Mrs. NAPOLITANO, Mr. CONYERS, Mr. the item relating to ‘‘CHILD SURVIVAL AND couraged to cooperate fully and unreservedly THOMPSON of California, Mr. UDALL of Colo- HEALTH PROGRAMS FUND’’, after the first dol- with the International Criminal Tribunal for rado, Mr. GONZALEZ, and Mr. BERMAN. lar amount, insert the following: ‘‘(increased the Former Yugoslavia in pending cases and H. Con. Res. 25: Mr. LUTHER. by $40,000,000)’’. investigations. H. Con. Res. 36: Mr. CHABOT. In title II of the bill in the item relating to (2) All governments, entities, and munici- H. Con. Res. 58: Mr. CRENSHAW. ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS palities in the region should cooperate fully

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.104 pfrm01 PsN: H18PT1 H4218 CONGRESSIONAL RECORD — HOUSE July 18, 2001 and unreservedly with the Tribunal, includ- H.R. 2506 In title II of the bill in the item relating to ing (but not limited to) through— OFFERED BY: MR. DELAHUNT ‘‘OPERATING EXPENSES OF THE UNITED STATES (A) the immediate arrest, surrender, and AGENCY FOR INTERNATIONAL DEVELOPMENT’’, AMENDMENT NO. 17: Page 112, after line 22, transfer of all persons who have been in- after the first dollar amount, insert the fol- insert the following: dicted by the Tribunal but remain at large in lowing: ‘‘(decreased by $100,000,000)’’. REPORT ON IMPLEMENTATION OF COLOMBIAN the territory which they control; and H.R. 2506 NATIONAL SECURITY LEGISLATION (B) full and direct access to Tribunal inves- OFFERED BY: MS. JACKSON-LEE OF TEXAS tigators to requested documents, archives, SEC. ll. (a) Not later than 90 days after AMENDMENT NO. 21: At the end of the bill, witnesses, mass grave sites, and any officials the date of the enactment of this Act, and insert after the last section (preceding the where necessary for the investigation and every 90 days thereafter, the Secretary of short title) the following: prosecution of crimes under the Tribunal’s State, after consultation with representa- jurisdiction. tives from internationally recognized human PROHIBITION ON ASSISTANCE FOR FOREIGN GOV- ERNMENTS THAT USE CHILDREN AS SOLDIERS H.R. 2506 rights organizations, shall submit to the ap- propriate congressional committees a report SEC. ll. None of the funds made available OFFERED BY: MR. CONYERS on the implementation of the Colombian na- in this Act may be made available to the AMENDMENT NO. 9: Page ø25¿, line ø9¿, tional security legislation passed by the Co- government of a country that— strike ‘‘and are’’ and all that follows through lombian Congress on June 20, 2001. (1) conscripts children under the age of 18 ‘‘106–246:’’ on line ø11¿. (b) Each such report shall provide a de- into the military forces of the country; or H.R. 2506 scription of the effects of the security legis- (2) provides for the direct participation of OFFERED BY: MR. CONYERS lation on human rights in Colombia and ef- children under the age of 18 in armed con- forts to defend human rights in Colombia, fo- flict. AMENDMENT NO. 10: Page ø25¿, line ø11¿, cusing particularly on— strike ‘‘Provided further’’ and all that follows H.R. 2506 (1) incidents of arbitrary and incommuni- through ‘‘heading:’’ on line ø13¿. OFFERED BY: MS. JACKSON-LEE OF TEXAS cado detention by members of the Colombian AMENDMENT NO. 22: Page 11, line 12, insert H.R. 2506 Armed Forces and the Colombian National before the period the following: ‘‘: Provided, OFFERED BY: MR. CONYERS Police, and whether those incidents have in- That of the amount made available under creased since the submission of the previous AMENDMENT NO. 11: Page 112, after line 22, this heading, $10,000,000 shall be for disaster report; insert the following: relief and rehabilitation for India with re- (2) the status of investigations into allega- PROHIBITION ON AERIAL SPRAYING EFFORTS TO spect to the earthquake in India in January tions of human rights abuses by members of ERADICATE ILLICIT CROPS IN COLOMBIA 2001’’. the Colombian Armed Forces and the Colom- SEC. ll. None of the funds made available bian National Police; H.R. 2506 in this Act under the heading ‘‘DEPARTMENT (3) the effectiveness of certain investiga- OFFERED BY: MR. KUCINICH OF STATE—INTERNATIONAL NARCOTICS CON- tions conducted by military personnel, as AMENDMENT NO. 23: Page 112, after line 22, TROL AND LAW ENFORCEMENT’’ or ‘‘DEPART- provided for in the security legislation, as insert the following: MENT OF STATE—ANDEAN COUNTERDRUG INI- opposed to those carried out by appropriate BAN ON EXPORT-IMPORT BANK ASSISTANCE FOR TIATIVE’’ may be used for aerial spraying ef- civilian authorities; and forts to eradicate illicit crops in Colombia. CERTAIN TRANSACTIONS RELATING TO FOSSIL (4) the effects of the security legislation on FUELS H.R. 2506 Colombia’s commitments under inter- SEC. ll. None of the funds made available OFFERED BY: MR. CROWLEY national treaties. in this Act may be used for the provision by (c) The requirement to submit a report AMENDMENT NO. 12: Page 2, line 25, after the Export-Import Bank of the United States under this section shall not apply with re- the dollar amount, insert ‘‘(reduced by $1)’’. of any kind of assistance for a limited re- spect any period of time during with the se- Page 11, line 11, after the dollar amount, course project or a long-term program in- curity legislation is not in effect. insert ‘‘(increased by $10,000,000)’’. volving oil and gas field development, a ther- (d) In this section, the term ‘‘appropriate Page 25, line 7, after the dollar amount, in- mal powerplant, or a petrochemical plant or congressional committees’’ means— sert ‘‘(reduced by $10,000,000)’’. refinery. (1) the Committee on Appropriations and H.R. 2506 the Committee on International Relations of H.R. 2506 OFFERED BY: MR. CROWLEY the House of Representatives; and OFFERED BY: MR. KUCINICH AMENDMENT NO. 13: Page 2, line 25, after (2) the Committee on Appropriations and AMENDMENT NO. 24: Page 112, after line 22, the dollar amount, insert ‘‘(reduced by $1)’’. the Committee on Foreign Relations of the insert the following: Page 11, line 11, after the dollar amount, Senate. BAN ON EXPORT-IMPORT BANK ASSISTANCE FOR insert ‘‘(increased by $10,000,000)’’. H.R. 2506 CERTAIN TRANSACTIONS RELATING TO FOSSIL Page 32, line 25, after the first dollar OFFERED BY: MR. ENGLISH FUELS amount, insert ‘‘(reduced by $10,000,000)’’. AMENDMENT NO. 18: Page 112, after line 22, SEC. ll. None of the funds made available H.R. 2506 insert the following: in this Act may be used for the provision by OFFERED BY: MR. CROWLEY the Export-Import Bank of the United States PROHIBITION AGAINST EXPORT-IMPORT BANK of any kind of assistance for a transaction AMENDMENT NO. 14: Page 11, line 11, after ASSISTANCE FOR FOREIGN STEEL PRODUCTION the dollar amount, insert ‘‘(increased by involving oil and gas field development, a SEC. . None of the funds made available $10,000,000)’’. ll thermal powerplant, or a petrochemical Page 33, line 17, after the dollar amount, in this Act may be used by the Export-Im- plant or refinery. port Bank of the United States to provide as- insert ‘‘(reduced by $10,000,000)’’. H.R. 2506 sistance for the production of steel by any H.R. 2506 foreign entity. OFFERED BY: MR. LAMPSON OFFERED BY: MR. CROWLEY H.R. 2506 AMENDMENT NO. 25: In title III of the bill in the item relating to ‘‘FOREIGN MILITARY FI- AMENDMENT NO. 15: Page 11, line 12, insert OFFERED BY: MR. HOEKSTRA before the period the following: ‘‘: Provided, NANCING PROGRAM’’, after the first dollar AMENDMENT NO. 19: Page 25, line 7, after That of the amount made available under amount, insert the following: ‘‘(decreased by the dollar amount, insert the following: ‘‘(re- this heading, $10,000,000 shall be for disaster $60,000)’’. duced by $65,000,000)’’. preparedness activities for India’’. In title IV of the bill in the item relating H.R. 2506 to ‘‘INTERNATIONAL ORGANIZATIONS AND PRO- H.R. 2506 OFFERED BY: MS. JACKSON-LEE OF TEXAS GRAMS’’, after the first dollar amount, insert OFFERED BY: MR. CROWLEY the following: ‘‘(increased by $60,000)’’. AMENDMENT NO. 20: In title II of the bill in AMENDMENT NO. 16: Page 112, after line 22, the item relating to ‘‘CHILD SURVIVAL AND H.R. 2605 insert the following: HEALTH PROGRAMS FUND’’, after the first dol- OFFERED BY: MS. LEE OF CALIFORNIA REVISION OF FUNDS lar amount, insert the following: ‘‘(increased AMENDMENT NO. 26: In title II of the bill in SEC. ll. The amounts otherwise provided by $100,000,000)’’. the item relating to ‘‘CHILD SURVIVAL AND by this Act are revised by increasing the In title II of the bill in the item relating to HEALTH PROGRAMS FUND’’, after the first dol- amount made available for ‘‘INTERNATIONAL ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS lar amount, insert the following: ‘‘(increased DISASTER ASSISTANCE’’ to be expended by the FUND’’, after the first dollar amount in the by $60,000,000)’’. South Asia Regional Office (located in fourth proviso, insert the following: ‘‘(in- In title II of the bill in the item relating to Kathmandu, Nepal) of the Office of Foreign creased by $60,000,000)’’. ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS Disaster Assistance of the United States In title II of the bill in the item relating to FUND’’, after the third dollar amount in the Agency for International Development, and ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS fourth proviso, insert the following: ‘‘(in- reducing the amount made available for ‘‘AN- FUND’’, after the fourth dollar amount in the creased by $60,000,000)’’. DEAN COUNTERDRUG INITIATIVE’’, by fourth proviso, insert the following: ‘‘(in- In title II of the bill in the item relatng to $10,000,000. creased by $40,000,000)’’. ‘‘CHILD SURVIVAL AND HEALTH PROGRAMS

VerDate 19-JUL-2001 06:00 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.117 pfrm01 PsN: H18PT1 July 18, 2001 CONGRESSIONAL RECORD — HOUSE H4219

FUND’’, after the dollar amount in the sixth able by this Act may be made available to standards for the elimination of trafficking, proviso, insert the following: ‘‘(increased by any organization which promotes or makes as authorized by section 134 of the Foreign $60,000,000)’’. available— Assistance Act of 1961. In title II of the bill in the item relating to (1) population control educational pro- H.R. 2506 ‘‘ANDEAN COUNTERDRUG INITIATIVE’’, after the grams or population policy educational pro- first dollar amount, insert the following: grams; OFFERED BY: MR. SOUDER ‘‘(decreased by $38,000,000)’’. (2) family planning services, including, but AMENDMENT NO. 35: Page 25, line 2, insert In title III of the bill in the item relating not limited to— before the period at the end the following: ‘‘: to ‘‘FOREIGN MILITARY FINANCING PROGRAM’’, (A) the manufacture and distribution of Provided further, That of the funds appro- after the first dollar amount, insert the fol- contraceptives; priated under this heading, $27,000,000 shall lowing: ‘‘(decreased by $22,000,000)’’. (B) printing, publication, or distribution of be for assistance to the Colombian National H.R. 2506 family planning literature; and Police for the purchase of two Buffalo trans- (C) family planning counseling; port/supply aircraft, $12,000,000 shall be for OFFERED BY: MR. MCGOVERN (3) abortion and abortion-related proce- assistance to the Colombian Navy to pur- AMENDMENT NO. 27: Page 6, line 10, after dures; or chase six Huey-II patrol helicopters, and the dollar amount, insert the following: ‘‘(in- (4) efforts to change any nation’s laws re- $5,000,000 shall be for assistance for operating creased by $100,000,000)’’. garding abortion, family planning, or popu- fuel to enhance drug interdiction efforts Page 7, line 3, after the dollar amount, in- lation control. along the north coast of Colombia and inland sert the following: ‘‘(increased by H.R. 2506 rivers’’. $50,000,000)’’. Page 7, line 5, after the second dollar OFFERED BY: MR. PAUL H.R. 2506 amount, insert the following: ‘‘(increased by AMENDMENT NO. 31: Page 2, strike line 3 OFFERED BY: MR. SOUDER and all that follows through line 13 on page $50,000,000)’’. AMENDMENT NO. 36: Page 24, line 11, after 4. Page 25, line 7, after the dollar amount, in- the dollar amount, insert ‘‘(increased by sert the following: ‘‘(reduced by H.R. 2506 $44,000,000)’’. $100,000,000)’’. OFFERED BY: MS. PELOSI Page 37, line 7, after the dollar amount, in- H.R. 2506 AMENDMENT NO. 32: Page 11, after line 12, sert ‘‘(reduced by $24,000,000)’’. OFFERED BY: MS. MILLENDER-MCDONALD insert the following: Page 40, line 5, after the dollar amount, in- In addition, for international disaster as- AMENDMENT NO. 28: In title II of the bill sert ‘‘(reduced by $20,000,000)’’. sistance for El Salvador, $250,000,000, to re- under the heading ‘‘CHILD SURVIVAL AND main available until expended: Provided, H.R. 2506 HEALTH PROGRAMS FUND’’, insert before the That such amount is designated by the Con- OFFERED BY: MR. TRAFICANT period at the end the following: ‘‘: Provided gress as an emergency requirement pursuant further, That of the amount made available AMENDMENT NO. 37: At the end of the bill to section 251(b)(2)(A) of the Balanced Budg- under this heading for HIV/AIDS, $5,000,000 (preceding the short title) insert the fol- et and Emergency Deficit Control Act of shall be for assistance to prevent mother-to- lowing new section: 1985: Provided further, That such amount child HIV/AIDS transmission through effec- shall be available only to the extent that an BUY AMERICAN PROVISIONS tive partnerships with nongovernmental or- official budget request, that includes des- SEC. ll. No funds appropriated or other- ganizations and research facilities pursuant ignation of the entire amount of the request wise made available under this Act shall be to section 104(c)(5) of the Foreign Assistance as an emergency requirement as defined in made available to any person or entity that Act of 1961 (22 U.S.C. 2151b(c)(5))’’. the Balanced Budget and Emergency Deficit has been convicted of violating the Buy H.R. 2506 Control Act of 1985, is transmitted by the American Act (41 U.S.C. 10a–10c). OFFERED BY: MR. MILLER OF FLORIDA President to the Congress. H.R. 2506 MENDMENT O H.R. 2506 A N . 29: At the end of the bill, OFFERED BY: MR. TRAFICANT insert after the last section (preceding the OFFERED BY: MR. ROEMER OF INDIANA AMENDMENT NO. 38: Page 112, after line 22, short title) the following: AMENDMENT NO. 33: Page 10, line 20, after insert the following: PROHIBITION ON FUNDS FOR COUNTRIES WITH- the dollar amount, insert the following: ‘‘(in- OUT EXTRADITION TREATIES WITH THE UNITED creased by $12,000,000)’’. PROHIBITION ON ASSISTANCE FOR THE RUSSIAN STATES Page 13, line 13, after the dollar amount, FEDERATION insert the following: ‘‘(reduced by SEC. ll. None of the funds made available SEC. ll. None of the funds made available in this Act may be made available for a $1,100,000)’’. in this Act may be used to provide assistance Page 37, line 20, after the dollar amount, country with respect to which a treaty of ex- to the Russian Federation. insert the following: ‘‘(reduced by tradition is not in effect between that coun- $3,900,000)’’. H.R. 2506 try and the United States. Page 38, line 6, after the dollar amount, in- OFFERED BY: MR. VISCLOSKY H.R. 2506 sert the following: ‘‘(reduced by $7,000,000)’’. AMENDMENT NO. 39: In title I, in the item FFERED Y R AUL O B : M . P H.R. 2506 relating to ‘‘SUBSIDY APPROPRIATION’’, after AMENDMENT NO. 30: At the end of the bill OFFERED BY: MR. SMITH OF NEW JERSEY the aggregate dollar amount, insert ‘‘(re- (preceding the short title), insert the fol- AMENDMENT NO. 34: Page 112, after line 22, duced by $15,000,000)’’. lowing: insert the following: LIMITATION ON FUNDS FOR ABORTION, FAMILY FUNDING FOR TRAFFICKING VICTIMS In title I, in the item relating to ‘‘ADMINIS- PLANNING, OR POPULATION CONTROL EFFORTS PROTECTION ACT OF 2000 TRATIVE EXPENSES’’, after the aggregate dol- SEC. ll. (a) LIMITATION.—None of the SEC. ll. (a) Of the amounts made avail- lar amount, insert ‘‘(reduced by $3,000,000)’’. funds appropriated or otherwise made avail- able in this Act under the items ‘‘DEVELOP- H.R. 2506 able by this Act may be made available for— MENT ASSISTANCE’’, ‘‘ECONOMIC SUPPORT OFFERED BY: MR. VISCLOSKY (1) population control educational pro- FUND’’, ‘‘ASSISTANCE FOR EASTERN EUROPE grams or population policy educational pro- AND THE BALTIC STATES’’, ‘‘ASSISTANCE FOR AMENDMENT NO. 40: In title I, in the item grams; THE INDEPENDENT STATES OF THE FORMER SO- relating to ‘‘SUBSIDY APPROPRIATION’’, after (2) family planning services, including, but VIET UNION’’, ‘‘INTERNATIONAL NARCOTICS CON- the aggregate dollar amount, insert ‘‘(re- not limited to— TROL AND LAW ENFORCEMENT’’, and ‘‘MIGRA- duced by $15,000,000)’’. (A) the manufacture and distribution of TION AND REFUGEE ASSISTANCE’’— contraceptives; (1) $10,000,000 shall be made available for In title I, in the item relating to ‘‘ADMINIS- (B) printing, publication, or distribution of prevention of trafficking in persons, as au- TRATIVE EXPENSES’’, after the aggregate dol- family planning literature; and thorized by section 106 of the Trafficking lar amount, insert ‘‘(reduced by $3,000,000)’’. (C) family planning counseling; Victims Protection Act of 2000 (division A of (3) abortion and abortion-related proce- Public Law 106-386); In title II, in the item relating to ‘‘CHILD dures; or (2) $10,000,000 shall be made available for SURVIVAL AND HEALTH PROGRAMS FUND’’— (4) efforts to change any nation’s laws re- the protection and assistance for victims of (1) after the aggregate dollar amount, in- garding abortion, family planning, or popu- trafficking of persons, as authorized by sec- sert ‘‘(increased by $18,000,000)’’; and lation control. tion 107(a) of such Act; and (2) in the 4th proviso, after the dollar (b) ADDITIONAL LIMITATION.—None of the (3) $10,000,000 shall be made available to as- amount allocated for HIV/AIDS, insert ‘‘(in- funds appropriated or otherwise made avail- sist foreign countries to meet minimum creased by $18,000,000)’’.

VerDate 19-JUL-2001 05:07 Jul 19, 2001 Jkt 089060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JY7.121 pfrm01 PsN: H18PT1 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, WEDNESDAY, JULY 18, 2001 No. 100 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING propriations bill. We are now on the en- called to order by the Presiding Offi- PRESIDENT PRO TEMPORE ergy and water bill. Last week we cer, the Honorable EVAN BAYH, a Sen- The PRESIDING OFFICER. The cleared almost 60 nominations. When ator from the State of Indiana. clerk will please read a communication we finish the energy and water appro- to the Senate from the President pro priations bill today, whatever time that might be, we are going to go to PRAYER tempore (Mr. BYRD). The legislative clerk read the fol- the nomination that has an assigned The Chaplain, Dr. Lloyd John lowing letter: time, the nomination of John Graham. Ogilvie, offered the following prayer: It is a contentious issue. When we fin- U.S. SENATE, Almighty God, we thank You for this PRESIDENT PRO TEMPORE, ish that item, we will go to the Trans- new day in which we have the privilege Washington, DC, July 18, 2001. portation appropriations bill. to serve You. Our ultimate goal is to To the Senate: I hope all Members work together. As please You by seeking Your guidance, Under the provisions of rule I, paragraph 3, Senator DASCHLE and I talked last following it faithfully, and giving You of the Standing Rules of the Senate, I hereby night, these appropriations bills don’t appoint the Honorable EVAN BAYH, a Senator belong to the Democrats or the Repub- all the glory. You have called us to be from the State of Indiana, to perform the du- servant-leaders. And so we spread out licans. They are ours. The President is ties of the Chair. leaving for Europe today for a very im- before You the challenges and respon- ROBERT C. BYRD, sibilities of this day. We thank You for President pro tempore. portant set of meetings. He needs these Your presence all through the day. appropriations bills as much as any- Mr. BAYH thereupon assumed the body in the country, if not more. Guide the Senators’ thinking and chair as Acting President pro tempore. speaking. May their convictions be I hope we will have people offering based on undeniable truth You have de- f amendments. Yesterday we had one fined in their minds and in the negotia- RECOGNITION OF THE ACTING amendment offered. That was accepted tions and debates. Bless the Senators MAJORITY LEADER by the managers of the bill. We need to as they work together to arrive at so- move forward. I hope we can do that The ACTING PRESIDENT pro tem- today around 10:30. lutions so much greater than they pore. The acting majority leader is rec- f could arrive at alone. Help them to ognized. draw on Your wisdom, Your pene- RESERVATION OF LEADER TIME trating discernment, and Your indomi- f table courage. The ACTING PRESIDENT pro tem- SCHEDULE pore. Under the previous order, the The life and dedication of Senator Mr. REID. Mr. President, today the leadership time is reserved. Paul Coverdell lives on as a stunning Senate will conduct 1 hour of morning f example of this quality of leadership. business for the memorial on the 1-year We remember the Senator with pro- anniversary of the death of our col- MORNING BUSINESS found gratitude today on the anniver- league, Senator Paul Coverdell. At The ACTING PRESIDENT pro tem- sary of his graduation to heaven. 10:30, the Senate will resume consider- pore. Under the previous order, there is And thus, we reaffirm our own com- ation of the energy and water appro- now a period for the transaction of mitment: ‘‘One life to live, t’will soon priations bill. Rollcall votes are ex- morning business not to extend beyond be past; only what’s done for Your pected throughout the day on amend- the hour of 10:30 a.m., with Senators glory will last.’’ Amen. ments to energy and water. The Senate permitted to speak therein for up to 10 may also consider several Executive minutes each. f Calendar nominations after we finish Also, under the previous order, the energy and water. time until 10:30 a.m. shall be under the PLEDGE OF ALLEGIANCE We have had good bipartisan activity control of the Republican leader or his in the Senate in recent days. We have designee. The Honorable EVAN BAYH led the worked our way through some difficult f Pledge of Allegiance, as follows: bills. Senator STEVENS and Senator BYRD worked through the contentious IN MEMORY OF SENATOR PAUL I pledge allegiance to the Flag of the COVERDELL United States of America, and to the Repub- supplemental appropriations bill, and lic for which it stands, one nation under God, Senator BURNS and Senator BYRD, Mr. REID. Mr. President, I will take indivisible, with liberty and justice for all. again, worked through the Interior ap- a few minutes to talk about Paul

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

S7831

.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7832 CONGRESSIONAL RECORD — SENATE July 18, 2001 Coverdell. There were a number of oc- I was flattered and have appreciated dealt with their colleagues in the Sen- casions in Washington, and once at the being involved in the group. We have ate. Democratic National Convention in done some things to recognize Paul Paul had a deep sense of humility, Chicago, that someone walked up to Coverdell: the Peace Corps building, a tireless spirit, and ready humor. In me and said: Senator Coverdell. facility in Georgia. But those Demo- fact, whenever I think of him, I always Now, I always pictured myself as crats who have worked with Paul smile, not only in appreciation for more of a Robert Redford type—that is Coverdell on the State and Federal what he did but the meetings we had what I expect to see in the mirror, but level know what a good person he was. almost always ended with a laugh be- it never turns out that way. Factually, Senator ZELL MILLER had so much con- cause I liked to pick at him, actually. I am not the Paul Coverdell type, not a fidence in Paul Coverdell’s judgment As many people recall, I even had a real big bruiser of a person. I guess that Paul Coverdell’s chief of staff is nickname for him because as a Senator that is why, perhaps, Paul Coverdell ZELL MILLER’s chief of staff. and as a member of our leadership—ac- and I got along so well. We were a lot I miss Paul Coverdell. He wasn’t tually after only having been in the alike. When we think of the great ora- somebody with whom I socialized. We Senate for 4 years he was elected to the tors of the Senate, Daniel Webster and didn’t go out to ball games together or Republican leadership—we kind of had Everett Dirksen, we don’t think of movies or dinner, but we spent a lot of a rule that if there was a job to be done Paul Coverdell. But when we think of time being Senators together. I will al- that no other leader wanted to do, we those Senators who were able to get ways remember the service of that shy, could always call on Paul. He reminded things done, he was one of those. That somewhat reserved man, the Senator me of the commercial about the little boy named Mikey. The other kids is why when Senator LOTT had a dif- from Georgia, Paul Coverdell. ficult legislative and dangerous assign- Mr. President, I suggest the absence wouldn’t eat the cereal and they would ment on the Senate floor, we would see of a quorum. shove it over to Mikey; and say, ‘‘Give it to Mikey, he’ll try anything.’’ Well, Paul Coverdell. The ACTING PRESIDENT pro tem- He was almost a shy man. He was not pore. The clerk will call the roll. I called him Mikey because I knew he boisterous, loud, or aggressive in his The senior assistant bill clerk pro- would try anything and he would do it actions, but he was effective in his ac- ceeded to call the roll. with great spirit and enthusiasm. That is the kind of utility player he was. tions. I spent lots of time on the Sen- Mr. LOTT. Mr. President, I ask unan- That is the kind of commitment, that ate floor trying to work issues out with imous consent the order for the is the kind of willingness to work and him. When we had the bankruptcy bill quorum call be dispensed with. do the jobs that other Senators would or the education bill, with scores of The ACTING PRESIDENT pro tem- not do that makes this place really amendments, he and I would try to pore. Without objection, it is so or- function the way it should. work through them, trying to move the dered. Mr. LOTT. Mr. President, I rise today Paul was a Senator and legislator in legislation along. Georgia, but he was from Missouri Paul and I worked on many difficult to honor and celebrate the life of a dear where he received a journalism degree. pieces of legislation together. We spent friend, the late, able Senator Paul I guess that served him well. He joined a lot of time trying to hammer out dif- Coverdell of Georgia. I am pleased to the Army and left as a captain in the see in the Chamber this morning his ferences on bills. We rarely had dif- early 1960s. I never thought of Paul as successor, an outstanding Senator, ferences. We were not as much inter- being an infantryman, but maybe that ZELL MILLER. I appreciate the courtesy ested in the substance as procedure, is really what he was. He was on the that he would allow me to speak first moving things along. We began nego- line, doing the heavy duty every day. this morning as we remember this dear tiations knowing we were confident we He helped run his family’s small busi- friend. I thank Senator MILLER and could help move things along. ness when his father’s health failed. He Senator Coverdell believed we could Senator REID, Senator GRAMM, and soon turned that small business into a civilly and respectfully discuss oppos- Senator DEWINE who have been in- very successful marketing firm, Cover- ing points of view, which, after all, is volved in trying to find a fitting trib- dell & Co. what the Founding Fathers envisioned ute to the memory of this outstanding Paul was always compelled to want when they saw the Senate. Paul Cover- public servant. to serve others, going back to early ac- dell was in the best tradition of the Just last night legislation was sent tivity in government and activities in Senate, someone who believed in legis- to the White House for the President’s Georgia. He was elected to the Georgia lation, recognized that legislation was signature that will name the Peace State Senate as a Republican in 1970, the art of compromise, legislation was Corps Headquarters the Paul D. Cover- at a time when most Georgians had not consensus building. He was a very dell Peace Corps Headquarters. I know even seen a live Republican. But there graceful man without being forceful. this and other efforts are being made he was, and he was in the legislature in He was confident and determined with- both here and in Georgia to appro- the Senate. And his peers elected him out being obnoxious and conde- priately recognize the service that the Senate minority leader, a position scending. Maybe that is because he Paul rendered to his State and to our he held for the next 15 years. Of course, knew what it was like to be in the mi- country, and to do it in a way that does there were only three Republicans. So nority, having been the Republican not involve a scattergun approach but there was the leader, the whip, and the leader in Georgia when the Senate Re- accomplishes that which would really whipee, I guess. At least Paul was not publicans numbered 5 and the Demo- mean an awful lot to Paul if he were the whipee. He got to be the leader. He crats numbered 51. here. did a lot to make the Republican Party Senator Coverdell’s evenhanded The Senate still grieves and mourns credible in Georgia. But beyond that— touch, no question, was the reason Sen- the passing of one of its most talented I am sure Senator MILLER will remem- ator LOTT and Republican leadership Members. I certainly feel his absence ber this—he learned there to work depended on him time and time again every day. I think about him an awful across the aisle. When you are in those to help them work their way out of dif- lot. After decades in Washington, I small numbers, you have to, to survive. ficult situations. The Democrats who know how rare it is to find a Senator or But he became a major player in the knew Paul Coverdell best had the high- Congressman who works equally well legislature even in those limited num- est regard for him. I spent a lot of time with individuals on both sides of the bers. with him. That is why I was flattered aisle. In fact, in many ways he always In 1989, he entered the national polit- and honored when I received a call reminded me of Senator REID of Ne- ical stage when he became Director of from PHIL GRAMM asking if I would be vada, and they worked together very the Peace Corps under President one of the Democratic Senators—there closely: Somewhat reserved, under- George H.W. Bush, where he worked for are two of us, ZELL MILLER and me—to stated, but tremendously effective— 2 years. I remember I used to harass meet with PHIL GRAMM and Senator both of them—in the way they dealt him about that, too. He particularly DEWINE to talk about things we could with legislation, how hard they worked with emerging democracies in do to recognize the service of this very worked, and how they dealt with their Eastern Europe. But he had a vision for fine man. fellow man and woman and how they the Peace Corps, too.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7833 That this small guy from a small not as close and did not enjoy that COVERDELL EDUCATION SAVINGS town in Missouri, and a Georgian who wonderful proximity in friendship, we ACCOUNTS served in the Army, then wound up certainly had a great deal of admira- Mr. LOTT. Mr. President, I ask unan- with a world vision was quite an tion for the Senator from Georgia. It imous consent that the Senate now achievement. was 1 year ago that we were stunned proceed to the immediate consider- Paul had fundamental beliefs in and saddened by the sudden death of ation of S. 1190 introduced earlier America, the great Republic. He be- our colleague. On that day, we lost not today by myself. lieved in free trade, free markets, and only a friend but, as Senator LOTT The ACTING PRESIDENT pro tem- freedom for all the citizens—not only noted, a gifted leader. pore. The clerk will report the bill by for the people of his State but people A while back, I came across the story title. around the world. He worked at mak- of a hot Saturday he spent at a county The legislative clerk read as follows: ing it available and accessible to every- fair in north Georgia. Despite the cas- A bill (S. 1190) to amend the Internal Rev- body every day. ual setting, he was wearing a coat and enue Code of 1986 to rename the Educational He spent a lot of time in the Senate Individual Retirement Accounts as the tie. When a long-time aide asked him ‘‘Coverdell Education Savings Accounts’’. working on education. He was innova- why, Senator Coverdell responded, tive from the beginning. He was one of There being no objection, the Senate ‘‘Well, I’ve noticed that if there’s ever proceeded to consider the bill. the early ones talking about the need any kind of emergency and people are for some flexibility in how funds are Mr. DASCHLE. Mr. President, I ask trying to figure out what to do, they the distinguished Republican leader if I used in education. He worked across always go to the guy with the tie on.’’ the aisle to help solve that problem. may be added as a cosponsor. He was really committed to allowing A year after his death, we still miss Mr. LOTT. Mr. President, I would be honored. I should have suggested that parents of children in elementary and being able to go to Paul Coverdell. in the first place. That certainly secondary education to have some way Although Paul and I didn’t see eye to should be done. I support that. to be able to help their children. That eye on a lot of matters, I can’t think of a single time that he was not fair, that Mr. DASCHLE. I thank the Repub- is what I like to call the Coverdell sav- lican leader. he was not decent, that he was not hon- ings accounts. He had a broad base of Mr. LOTT. Mr. President, I ask unan- support for that. est. He was a reminder to all that we imous consent that the bill be read a He was very aggressive in seeking can disagree without being disagree- third time and passed and the motion safe and drug-free havens for learning able. to reconsider be laid upon the table. in our schools. While I may not have agreed with The ACTING PRESIDENT pro tem- I met him way back in the 1970s when him on every detail, I never questioned pore. Without objection, it is so or- I made trips into Georgia, and I always his deep commitment to the people of dered. appreciated his tenacity and the work Georgia and the principles that he and The bill (S. 1190) was read the third he did there. But I really will miss him we hold dear. time and passed, as follows: the most in our leadership because I One of the principles in which Paul S. 1190 came to rely on him so much. Coverdell believed most deeply, of Be it enacted by the Senate and House of Rep- Some people have written about, yes, course, was the right of every child to resentatives of the United States of America in Congress assembled, one of the majority leader’s key play- go to a good school. So it is fitting that SECTION 1. RENAMING EDUCATION INDIVIDUAL ers and that he misses him. I don’t we are creating a living tribute to him deny it for a minute. In life, you lose RETIREMENT ACCOUNTS AS COVER- by seeing to it that the educational ac- DELL EDUCATION SAVINGS AC- friends and you see good men and good counts for which he fought so hard will COUNTS. women pass on. You mourn. You learn now bear his name. (a) IN GENERAL.— lessons from working with those peo- (1) Section 530 of the Internal Revenue ple, and then you find others who try There is another way in which Paul Code of 1986 is amended by striking ‘‘an edu- to fill the void. But in some respects, Coverdell’s spirit of kindness, fairness, cation individual retirement account’’ each you never fill the void left by a person and bipartisanship live on today in the place it appears and inserting ‘‘a Coverdell Senate. That is the work of his fellow education savings account’’. such as Paul Coverdell. He was loyal. (2) Section 530(a) of such Code is amended— Georgians, ZELL MILLER and MAX He was sensitive. He really cared. He (A) by striking ‘‘An education individual made a difference in his State, in our CLELAND. retirement account’’ and inserting ‘‘A Cover- party, in the Senate, and in our coun- In the final years of his life, I am told dell education savings account’’, and try. that Senator Coverdell developed a (B) by striking ‘‘the education individual So I think it is appropriate today passion for gardening as well. I think retirement account’’ and inserting ‘‘the that we honor his memory, after hav- that is entirely fitting because so much Coverdell education savings account’’. of his work in public life was about (3) Section 530(b)(1) of such Code is amend- ing lost him 1 year ago, and to cele- ed— brate the things he did to make it a nurturing and about helping things (A) by striking ‘‘education individual re- better place for all of us to live and grow. That was evident in his leader- tirement account’’ in the text and inserting learn. ship of the Peace Corps and in his com- ‘‘Coverdell education savings account’’, and I yield the floor. mitment to educational opportunity. (B) by striking ‘‘EDUCATION INDIVIDUAL RE- The ACTING PRESIDENT pro tem- These educational savings accounts, TIREMENT ACCOUNT’’ in the heading and in- pore. The majority leader. which now will bear his name, will help serting ‘‘COVERDELL EDUCATION SAVINGS AC- Mr. DASCHLE. Mr. President, I com- ensure that the seeds he planted con- COUNT’’. pliment the distinguished Republican tinue to take root and his work con- (4) Sections 530(d)(5) and 530(e) of such Code are amended by striking ‘‘education indi- leader for his eloquence and for his tinues to blossom. vidual retirement account’’ each place it ap- heartfelt expressions of fond remem- We miss him, and we thank him for pears and inserting ‘‘Coverdell education brances of a very special U.S. Senator. his public service. savings account’’. Those of us who watched the relation- (5) The heading for section 530 of such Code I yield the floor. ship flourish over the years as we is amended to read as follows: served in the Senate are reminded The ACTING PRESIDENT pro tem- ‘‘SEC. 530. COVERDELL EDUCATION SAVINGS AC- again today of the friendship and joy pore. The Republican leader. COUNTS.’’. (6) The item in the table of contents for Senator LOTT and Senator Coverdell Mr. LOTT. Mr. President, if I may part VII of subchapter F of chapter 1 of such had. It was a rare friendship, a special ask the Senator from Georgia and oth- Code relating to section 530 is amended to friendship, one that was evident to all ers to allow 1 minute to follow up on read as follows: of us as we watched and as they what Senator DASCHLE mentioned, we have an agreement on this initiative. I ‘‘Sec. 530. Coverdell education savings ac- worked. counts.’’. ASCHLE So it comes as no surprise that Sen- thank Senator D for his com- (b) CONFORMING AMENDMENTS.— ator LOTT would be the first on the ments and for doing this. This is the (1) The following provisions of the Internal floor today to talk about a man about kind of thing that brings us together in Revenue Code of 1986 are amended by strik- whom he cared deeply. While we were many possible ways. ing ‘‘an education individual retirement’’

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7834 CONGRESSIONAL RECORD — SENATE July 18, 2001 each place it appears and inserting ‘‘a Cover- mained loyal to George III and pro- anniversary of his being taken from us, dell education savings’’: vided troops to fight against the rebels recognize and honor. (A) Section 72(e)(9). from Georgia who were supporting the Thank you, Mr. President. (B) Section 135(c)(2)(C). new revolutionary government that The PRESIDING OFFICER. The Sen- (C) Section 4973(a). ator from Texas. (D) Subsections (c) and (e) of section 4975. was to become the United States of America. Mr. GRAMM. Mr. President, my (2) The following provisions of such Code grandmother used to say as long as are amended by striking ‘‘education indi- More recently, in the 1930s, the then- vidual retirement’’ each place it appears in Governor of Georgia came to Jackson- anybody remembers you, you are not the text and inserting ‘‘Coverdell education ville to give a speech about how good dead. We are proving today that my savings’’: things were in Georgia in the middle of grandmother was right, as I suspect (A) Section 26(b)(2)(E). the Depression. At the end of the she was on so many things, that Paul (B) Section 4973(e). speech, one of the Jacksonville mem- Coverdell is not dead. In fact, as long (C) Section 6693(a)(2)(D). bers of the audience asked Governor as I live I am going to remember Paul (3) The headings for the following provi- Coverdell. Who could forget a person as sions of such Code are amended by striking Talmadge: If things are going so well in Georgia, why is it that so many Geor- thoroughly lovable as Paul Coverdell? ‘‘EDUCATION INDIVIDUAL RETIREMENT’’ each It was my great honor to work under place it appears and inserting ‘‘COVERDELL gians are moving to Florida? To which the leadership of ZELL MILLER and to EDUCATION SAVINGS’’. the Governor’s response was: We like (A) Section 72(e)(9). it; every time it happens, it raises the work with MIKE DEWINE and HARRY (B) Section 135(c)(2)(C). IQ level of both States. So that de- REID in trying to come up with a way (C) Section 529(c)(3)(B)(vi). scribes the nature of the special rela- to properly honor Paul Coverdell. We (D) Section 4975(c)(5). put together a bill introduced by Sen- tionship between our States, which (4) The heading for section 4973(e) of such ator LOTT. I was proud to introduce it continues now with the close friend- Code is amended by striking ‘‘EDUCATION IN- with him and Senator MILLER. The bill ships that exist between Senator NEL- DIVIDUAL RETIREMENT’’ and inserting had two major features: first, it named SON and myself and Senator CLELAND ‘‘COVERDELL EDUCATION SAVINGS’’. the headquarters of the Peace Corps in (c) EFFECTIVE DATE.—The amendments and our newest colleague, Senator Washington after Paul Coverdell, who made by this section shall take effect on the ZELL MILLER, as it did with Senator was proud throughout his life to have date of the enactment of this Act. Coverdell. served as one of the great Directors of Mr. LOTT. Mr. President, again I I came to know Paul as a friend in the Peace Corps; and, secondly, it cre- thank Senator DASCHLE for allowing his too short Senate career. In every ated an authorization to fund the Paul me to do this. I think this is the thing sense of the word, Paul Coverdell was a Coverdell Building for Biomedical and that would mean the most to Paul— gentleman. He was a man who had Health Sciences at the University of Coverdell Education Savings Accounts. strong personal views and a wide array Georgia. Thank you, Mr. President. of characteristics to put those views Senator MILLER and I had the honor f into effect. But he always did so with a of going to the University of Georgia, graciousness and a politeness and a re- EXTENSION OF MORNING meeting with the university president, spect for others. BUSINESS the provost, and Nancy Coverdell, and Paul Coverdell was a man who cared going to the site to look at the plans, Mr. DASCHLE. Mr. President, I ask about using Government as a means to and we decided that there was no bet- unanimous consent the time allotted improve the lives of the people that he ter way to honor Paul Coverdell than for the remembrances for Senator represented and the people of the to build this great edifice and to name Coverdell be extended for an additional United States of America. it after Paul Coverdell. It is not just a 15 minutes. As has been previously indicated, beautiful building, but a building that The ACTING PRESIDENT pro tem- education was his passion. I personally will be alive with bioscience research, pore. Without objection, it is so or- had the opportunity to work with Sen- and will contribute not just to Georgia dered. ator Coverdell on a number of edu- but to America and to the world. The PRESIDING OFFICER (Mr. DAY- cation issues, including how to make I am proud to say that we adopted TON). The Senator from Florida. higher education more affordable, by that bill in the Senate in February and Mr. GRAHAM. Mr. President, at a providing a means through which fami- yesterday it was adopted in the House. time in my personal life when I am lies could begin to prepare to finance It will go to the President and be feeling the pain of the loss of a family the cost of college, and to provide signed. member, I reflect upon the 1 year school districts with a wider array of The headquarters here in Washington which has passed since the loss of a means by which they could finance of the Peace Corps will be named after member of our Senate family, Paul school construction. Those are exam- Paul. We have authorized the building Coverdell. ples of the creativity that Paul of this major research facility in Geor- As frequently happens in politics, I brought to his senatorial service. gia. I would like to remind my col- first met Paul as an adversary. A good Paul Coverdell was a strong Repub- leagues who do not remember the de- friend of mine, who came to the Senate lican. As indicated, he came to the bate on the original bill, that we are at the same time I did in 1986, Senator Georgia Legislature when they were going to put up $10 million at the Fed- Wyche Fowler, had become embroiled few in number. He helped build the Re- eral level; the State is going to match in an unusual runoff election in the fall publican Party in that State. But he that money; and the University of of 1992. Georgia had a provision, which always operated with a clear under- Georgia is going to provide the bulk of I understand has subsequently been re- standing of the importance that if you the funding. vised, that unless a candidate received were to build sustaining public support The State of Georgia has already an absolute majority in the general for your idea, it would emerge from the acted in providing the money. The uni- election in November, then there was a roots of bipartisanship. So he reached versity is out raising their part of the runoff between the two highest can- out across the aisle to explain, advo- money. When we come to the proper didates. cate, and bring to his causes Members appropriations bill this year, we will Senator Fowler had narrowly failed of both political parties. complete our action in terms of pro- to get the majority vote and was in a Paul Coverdell has been and will be viding this most significant honor. We runoff with Paul Coverdell. A number missed but he leaves a proud legacy, a added to the honors that Paul of colleagues went to Georgia to help legacy added to today with the naming Coverdell’s work bestowed on his life Senator Fowler in his campaign. It was of a portion of the Internal Revenue today when we named the education in those circumstances that I first met Code, for which he was particularly re- savings accounts that were part of our Paul. sponsible, in his honor, as well as the tax bill after Paul Coverdell. There has always been somewhat of a naming of the Peace Corps offices in I still see evidence every day of special tension between Georgia and his honor. These are appropriate rec- Paul’s good work. As many of you will Florida, going back at least to the Rev- ognition of a proud and distinguished remember, he was very active in foren- olutionary War, where Florida re- public career, which we, on the 1-year sic sciences and providing funding for

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7835 the States. We authorized a bill which Coverdell’s family to live with the no- mendously moving tribute to one of is now named after him, providing $512 tion that he made a great contribution Georgia’s finest sons. I had never felt million to get rid of this backlog we and was a good and decent man, but in so inadequate in my life. Here I was. have all over the country with DNA truth, many of us will always wonder, How in the world was I ever, even in evidence, to modernize our State labs, had his life lived its natural course, the the most remote way, going to come and to build a national DNA database. leadership positions he would have anywhere close to filling those shoes? Senator BYRD named the classroom filled and the contributions he might The Lord knows, I have tried. building at the Law Enforcement have made. Immediately upon Senator Cover- Training Center in Georgia after Paul. Life was finished with Paul Cover- dell’s death, folks in Washington and in And Paul’s work on teacher liability dell, but he was not finished with life. Georgia began to think how we could and volunteer liability is still very I, like PHIL GRAMM, believe it is still remember this great Georgian in a wor- much debated in Congress, and I am special that all of us remember him. In thy and enduring way. In a bipartisan convinced will eventually become the that way, he never dies. It also leaves fashion befitting Senator Coverdell, law of the land. us, in an institution where humility is Senator LOTT appointed two Repub- So a year after Paul Coverdell’s so rare, to remember that no matter licans, Senators GRAMM of Texas and death, his stature continues to grow in what titles we give to each other, no DEWINE, and two Democrats, Senator the Senate. He is still fondly remem- matter how powerful the institutions REID and myself, to sort through the bered by his colleagues. I do not think might be in our own minds that we many good ideas for memorializing we will soon be forgetting Paul Cover- build, we are all ultimately so power- Paul. They have been mentioned this dell. His gentleness reminds us all as to less in this life of ours. morning already on the floor. I will not how we should behave. I feel blessed Paul Coverdell, you were a good man. go into them. We wanted to make sure that I had the opportunity to get to Wherever you are, we remember you. that whatever we decided on was fit- know and to work with Paul Coverdell. We thank you. Generations of Ameri- ting and, very importantly, that it was Let me conclude by thanking ZELL cans who may never know your name— something of which Nancy Coverdell MILLER for his leadership on these ef- because, indeed, history will never would approve. forts to properly honor Paul. I think have a chance to truly record all that We thought one very important way Paul would be proud of what we have you might have done—will live better to honor Paul’s commitment to edu- done. I think the investments we have lives because of the all-too-brief life cation, research, and agriculture in a made in honoring him will yield a good that you lived yourself. grand way was at the State’s flagship return to the American people. I yield the floor. school in Athens, the University of I yield the floor. The PRESIDING OFFICER (Mr. DAY- Georgia. The Paul D. Coverdell Build- The PRESIDING OFFICER. The Sen- TON). The Senator from Georgia. ing for Biomedical and Health Sciences ator from New Jersey. Mr. MILLER. Mr. President, I thank Mr. TORRICELLI. Mr. President, in a will be a $40 million state-of-the-art my colleagues and those who loved culture and in an institution where the science center where scientists from Paul so much for their moving and word ‘‘friendship’’ is used so casually different fields will collaborate under heartfelt remarks this morning. that it often has little meaning, it is one roof to improve our food supply, We find it hard to believe that a year difficult to express on this anniversary clean up our environment, and find has passed since our friend and col- of Paul Coverdell’s death what he cures for disease. It is a joint project, league, Senator Paul Coverdell, died so meant to each of us and the nature of as Senator GRAMM mentioned, with the very unexpectedly. I remember that our relationships with him. I am left university itself raising $20 million, the day vividly. I was at home in Young with few words other than to simply State of Georgia appropriating $10 mil- Harris. When I heard it, I immediately claim that he was a friend, a friend lion, and the Federal Government pro- that I admired. turned on the television, and I watched viding the remaining $10 million. I rise today in recognition of his loss many in this Chamber, in tears and in I am pleased that the bill authorizing because of the injustice of it, and that disbelief, pour out their hearts in trib- Congress to approve this memorial for all of us probably recognize that as ute to this good man and this great Senator Coverdell has been passed in much as Paul did, it was but a down- public servant. the Senate and in the House, and the payment on what his life was to be. I will never forget one of the things President is expected to sign it next This is not a man who had made his Senator GRAMM said about that frail week. It is our hope that the scientists final contribution. His life had not run body that had within it the heart of a who gather in this center named for its real course. Paul Coverdell was an lion. That described Paul Coverdell so Senator Coverdell will do great things enormously talented man. He was a very well. and will make discoveries that will im- very good man. The shock and the sadness I felt on prove people’s lives in Georgia and From almost the moment I joined that day a year ago remain with me around the world for years to come. this institution, I came to know Paul until this day. Georgia, and America, A day does not go by that I don’t and work with him on a very close lost one of its greatest public servants think of Paul Coverdell. And I remain basis, unlike, perhaps, the relationship in Paul Coverdell—as has been said, a honored and humbled to have suc- I have had with many or maybe all decent, soft-spoken workhorse who was ceeded such a great man in the Senate. Members of the other party. We fought always there and who always put peo- I believe in life after death. I believe in together for education savings ac- ple first and politics second. In a public a loving Heavenly Father. And I be- counts and we failed for years. But it is career spanning more than three dec- lieve that Paul is up there watching the best thing I could say about Paul ades, from the Georgia Senate, where I what we do, watching what I do. That Coverdell, that every time we failed on served with him for 12 years and knew is why I try every day to live up to the the education savings accounts, he him so well, to the Peace Corps, and high standards of dignity and integrity took out his piece of paper, he worked then the U.S. Senate, in all of those po- and bipartisanship that were the hall- the list again, and we came back. sitions, Paul served with great dignity. marks of Paul Coverdell’s distin- Few may ever remember that indeed He served with great ability, and he guished career. the massive tax reduction plans voted earned the respect of everybody who Thank you, Mr. President. upon and passed by the Congress this knew him or saw him or watched him Mr. CRAIG. Mr. President, when I year closely resembled the tax plan along the way. was preparing for this morning’s trib- that Paul Coverdell introduced in 2000 I also will never forget sitting up ute, I could not help but reflect on the in the midst of the Presidential cam- there in that gallery a year ago on the year that has passed since the un- paign. I joined with him in that effort. morning that I was to be sworn in as timely departure of our friend and col- I believe they became an inspiration Senator Coverdell’s successor. Once league, Paul Coverdell. for what President Bush later proposed again, I listened to the overwhelming What a year this has been—and what himself. This was a creative man. outpouring of love and tears for Paul. he would have made of it all. History is filled with what might The heartfelt sentiment and the high We used to joke that the Senate have been. It is enough for Paul praise from this Chamber were a tre- schedule had become ‘‘All Coverdell,

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7836 CONGRESSIONAL RECORD — SENATE July 18, 2001 all the time,’’ because his fingerprints heart throughout his career in the Sen- our side of the aisle. That doesn’t hap- were everywhere: education, tax re- ate. And most of all, I see it in my col- pen very often. form, fighting for peace, standing for leagues faces as they continue to honor Paul Coverdell was very unusual, freedom. him through their work on issues that very exceptional, very talented, very It was my privilege to work with him were important to him. likable, a very popular U.S. Senator. on the Republican leadership team, and Paul and I were sworn into the Geor- He did a lot. So we are commemorating to see firsthand that phenomenal en- gia State Senate on the same day in the 1-year anniversary of his death and ergy that kept him working behind the 1971. We were elected in the election of celebrating, to some extent, the con- scenes long after the Senate had shut 1970. He sat just in front of me. In tributions that he has made. Naming down for the night or before it con- Georgia, we sit by numbers of senato- the Peace Corps building after him, the vened. Descriptions of him nearly al- rial districts. We did not sit across the National Peace Corps headquarters ways include the word ‘‘workhorse’’— aisle, party to party. So, in effect, we building, is a real tribute to his leader- and that is a name he certainly earned were all together in that State senate. ship. The building at the University of over and over. He was an idea gener- So Paul sat right in front of me; and Georgia, the Institute of Biomedical ator with a boundless enthusiasm for what an appropriate position for him and Health Sciences, which will con- public service and a willingness to un- to be in, because I followed his lead in duct research for decades and genera- dertake any chore, no matter how so many ways, just as I have tried to do tions to come and will save countless thankless, to move the agenda forward. in the years in the Senate. He worked lives, no doubt, will be a real contribu- He would have relished the many quietly; he worked tirelessly. But he tion in recognition of his service to the challenges that our party has faced had a single-mindedness of purpose country. over the past year, because he was a that belied his mild manner. He would The education savings account that loyal partisan. Years ago, when he was toil away on a project for months, even bore his name, as Senator TORRICELLI one of only four Republicans in the years, then submit his results, and said, after years of battle—unsuccess- Georgia State Senate, he took on the leave the judgment and praise for oth- ful at first, but finally successful—was task of rebuilding the State’s Repub- ers. signed into law this year. Naming lican Party. Later, his first run for the When I came to the U.S. Senate, I those the ‘‘Coverdell savings ac- U.S. Senate was an uphill battle felt as if I was following behind Paul counts,’’ where individuals can put in against an incumbent. This was a man Coverdell again. Paul was with me as I up to $2,000 a year and use that for edu- who looked for big challenges and was sworn in right here in this Cham- cation K–12, hails a very significant never faltered in advancing his party’s ber. After that day, he helped me, he achievement; it showed real tenacity, standard. guided me, and he tutored me in the real forcefulness. It was something Yet despite his partisanship, he was ways and rhythms of the Senate, this that Paul Coverdell would not give up known for his civility and his ability to body he loved so dearly. We were on on, and it is now the law of the land. It get along with members of both par- different sides of the aisle, but we were will enable thousands of people to be ties—and I might add, his ability to get still great personal friends. He helped able to provide for, save for, and im- along with the variety of me learn because he was a good man prove their education. Because of his temperaments that abound in this in- and a good friend, and because he knew foresight, leadership, tenacity, and his stitution. Paul Coverdell had a warmth it was good for our country and for perseverance, it is now the law of the that many people felt on even a short Georgia. He always fought for our land. acquaintance. Those who regarded him State, our farmers, our businesspeople, Paul Coverdell had a very positive a friend are legion. and the average citizen. impact on countless millions of people The shock we felt at this time a year From his time in the Georgia Legis- in the United States and across the ago may have passed, but the bereave- lature to his post as head of the Peace world. It is only fitting that we pay ment remains. Georgia lost an ardent Corps under President Bush, to his him a proper tribute. and effective spokesman, the Nation quiet and demonstrative leadership in I remember the memorial services in lost a patriot, and the Senate lost a the Senate, Paul had a peaceful and Georgia when our colleagues PHIL true friend. resolute efficiency about his work that GRAMM and ZELL MILLER, our newest Many have talked about the legacy of I hope we can all emulate. colleague, made statements that were Paul Coverdell—the work he did for the Alphonse de Lamartine once said, as moving as any I have heard when party, the stamp he put on the Peace ‘‘Sometimes, when one person is ab- they talked about the contributions Corps, the legislation he wrote and sent, the whole world seems less.’’ Paul Coverdell has made to the State speeches he gave in the Senate. But I That is the way I feel today. I share of Georgia, our country, and the Sen- think his lasting legacy is written on this feeling with my colleagues. That is ate. So it is with regret that we recog- the hearts of those who knew him. certainly the case as we remember nize the 1 year passing of Paul Cover- The PRESIDING OFFICER. The Sen- Paul and absorb the magnitude of this dell, but it is only fitting and proper ator from Georgia, Mr. CLELAND, is rec- loss in this Senate and the people he that we recognize and say thank you to ognized. served. Paul was, indeed, a leader, a Paul Coverdell and wish Nancy Cover- Mr. CLELAND. Mr. President, I legislator, and a dear personal friend. I dell all of our best in the years to thank my colleague, Senator MILLER miss him terribly. come. from Georgia, for his eloquent words. I yield the floor. The PRESIDING OFFICER. The Sen- As he describes our dear friend Paul The PRESIDING OFFICER. The as- ator from California is recognized. Coverdell, I am reminded that Paul sistant Republican leader is recognized. Mrs. FEINSTEIN. Mr. President, I Coverdell was a kinder, gentler politi- Mr. NICKLES. Mr. President, I com- join in the tribute to Senator Cover- cian and person before ‘‘kinder, pliment both of our colleagues from dell. As a Senator from California, I gentler’’ was in vogue. Georgia for their statements, and also found him to be a remarkable man. He Proverbs tells us, ‘‘Good men must Senators GRAMM and TORRICELLI for was a humble man. In a way, he was a die, but death cannot kill their the statements they have made. prototype of the Southern gentleman. names.’’ In the year since Paul Cover- I have been in the Senate for 20-plus He was a determined man; he was a dell has passed, I continue to see the years. A year ago today was probably skilled legislative craftsman. I was evidence of his hard work everywhere. one of the saddest days of my career really delighted to have the pleasure to I see it in the success of the Georgia because we lost a real friend, a true work with him. Project in Dalton, GA, an immigrant Senator, an outstanding Senator, Paul Paul had a profound interest in im- education project in the north Georgia Coverdell, a person who achieved a lot proving the education of our young mountains that we worked closely to- in his very brief career in the Senate. people. I worked with him closely as an gether on. I see him in the education He was in the Senate for a little over 8 original cosponsor of his Educational savings account amendment that years. He accomplished a lot. He was Savings and School Excellence Act, passed as part of the President’s tax elected to leadership in his first term and during that time, I found him to be package, something so close to his in the Senate. That is very unusual on energetic. He was determined and,

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7837 most importantly, I found him to be He will be known, even though only dell said: We have these countries now very easy to work beside. He was also having served a relatively short period emerging from the cold war, trying to very much above political correctness, of time in the Senate, as one of the seek democracy. Maybe the Peace and he strived to do what he thought most effective Senators who ever Corps can play a part in keeping the was really doable, practical, and would served here. peace. help people. It is instructive that the person who He began to send volunteers from the Another common interest we shared took his place in the Senate, a great Peace Corps into Eastern Europe and was in reducing the amount of illegal public servant in his own right, former the former Soviet Union countries. He drugs on the streets of America. In Governor and now Senator ZELL MIL- blazed a new trail for the agency that fact, we worked together on several LER, asked how he could ever begin to made a difference, maybe in a small antinarcotics efforts. We debated to- fill Paul Coverdell’s shoes. The reason way, but a lot of small things build, to gether in this Chamber the issue of cer- he cannot and none of us can, of Poland and Hungary where the first tification. I was his Democratic co- course, is that Paul Coverdell was Peace Corps volunteers went after the sponsor of the Foreign Narcotics King- unique and no one can ever do exactly fall of the Iron Curtain. Those are two pin Designation Act. This law made it what Paul Coverdell did. We can each countries now firmly in the democratic easier to crack down on leaders of the aspire to have his attitude, selfless- camp. They are countries that have major drug cartels operating in Latin ness, friendship, and helpfulness to oth- just joined NATO. America. I believe these efforts are ers. If we all aspire to do that, this Paul Coverdell made a difference be- paying dividends today because U.S. Senate will be a better place. cause he stepped back and was law enforcement is more able to close We do hear every week: We need a thoughtful. He was a leader in the tru- in on some of the cartel leadership. Paul Coverdell to solve this problem or est sense. Paul Coverdell knew these were im- solve that problem. That is how Paul is The Coverdell education savings ac- portant debates, and I will never forget remembered: as a person you could al- counts were an extension of his leader- because the Republican Party was in ways turn to, to get something done ship at the Peace Corps and his inter- the leadership, and every time he when no one else could quite figure out est in education. He said: What can we called me, he asked if he could come to how to do it, and frequently, by the do to help parents who have a hard my office to talk with me. It was a way, that was because of personalities. time buying a band uniform, a com- very interesting effort on his part be- Paul had a way of bridging the gap puter, or something that will give a cause the fact that he was willing to between people who were of strong child that extra opportunity to excel come to my office and sit down to have minds on something; he would find a and succeed? He came up with the con- a discussion on an issue that we would way to bring them together. cept of education savings accounts. work on together made me even more As Senator FEINSTEIN just said, we As usual in Congress, it does not hap- dedicated to the success of that effort. miss Paul Coverdell very much. We pen easily, even if it is a great idea. I had a wonderful across-the-aisle re- love him. We love his wife, Nancy. We But Paul Coverdell was dogged in his lationship with Paul Coverdell. The wish her and the family the very best. determination that being able to save Narcotics Kingpin Act, the educational The PRESIDING OFFICER. The Sen- tax free to buy your children the savings account, and Excellence in ator from Texas. things that would help them succeed in Schools Act are a few specific tangible Mrs. HUTCHISON. Mr. President, I their educational experience was worth pieces of legislation on which he put will never forget this day last year a fight. He fought and he won. It is fit- his leadership stamp. when it was announced that we had ting that we named the education sav- All I can say is: Paul Coverdell is lost our friend and colleague, Paul ings accounts the ‘‘Coverdell education missed in the Senate of the United Coverdell. His death was a shock to all savings accounts.’’ States. I truly wish all of God’s bless- of us. It was something that most of us The other thing that is significant ings on him. He was a wonderful man. were so emotional about that we could about Paul Coverdell is that he built I thank the Chair. not speak in the first few days after the two-party system in Georgia. Geor- The PRESIDING OFFICER. The Sen- learning of his death because we knew gia, like Texas, 15 years ago was an en- ator from Arizona. that we would not be able to get the tirely Democratic State. They did not Mr. KYL. Mr. President, I believe ev- words out. Those who did speak will be have Republican county officials in eryone is aware that Senators do a cer- remembered; they did, indeed, have a very many counties in Georgia or tain amount of posturing. We are a po- hard time getting through the words Texas. They did not have Republicans litical body. People who are watching they wanted to say. in numbers in the State legislature. In us, however, I am sure, cannot get a It is very rare that after a year from fact, Paul Coverdell was the minority sense that none of this is posturing. losing a Senator or a Member of Con- leader of the State senate in Georgia, Everything that has been said by Re- gress that loss is still so vivid, but that and I believe there were three Repub- publicans and Democrats alike is is the case with Paul Coverdell. I miss licans in the entire State senate. He heartfelt. We miss Paul Coverdell very him today just as much as I missed was the person who came in and said I much and, as someone said, it does not him a year ago today. He had that kind think democracy works best when seem it has been a year he has been of impact. there is a strong two-party system. He gone. The interesting thing is he accom- became the first Republican every The outpouring of affection for Paul plished so much in a very short time. elected to the Senate from Georgia. is very real because of the kind of indi- And there is not anyone who knew him At the same time, Paul Coverdell was vidual he was. Most people can never who did not like him. respected and liked by Democrats. At know what Paul Coverdell meant to He was also a leader. In his career in his funeral, Governor Barnes, the the Senate, to his home State of Geor- public service, which he actually did Democratic Governor of Georgia, made gia, and to people on both sides of the after a very successful private sector a wonderful presentation about his aisle. Unless you were a part of this career, he made a difference wherever friendship with Paul Coverdell from body and worked with Paul on a daily he was. their days in the legislature. He said basis, it would be impossible to know In 1989, Paul Coverdell took the reins Paul Coverdell was his mentor in poli- what he meant to all of us. I hope, of the Peace Corps. He looked at the tics. though, by this tribute today, people Peace Corps in 1989 and said: What We have heard former Governor ZELL will get a little bit of a sense of what should be the mission? He did not just MILLER, now Paul Coverdell’s suc- Paul meant to all of us. take the reins of the agency and do cessor, speak eloquently about his rela- He was a friend. He was a counselor. more of the same. He stepped back and tionship and the impact that Paul He made things happen in the Senate, said: What does the world need today Coverdell had on Georgia, as well as and it was never with any personal ag- from the Peace Corps? Senator CLELAND and other Democrats grandizement or publicity on his part. Of course, Poland, Hungary, Czecho- who have spoken in the Chamber about There was no fanfare when Paul did his slovakia at the time were emerging what a wonderful person Paul Cover- work. from the Iron Curtain. So Paul Cover- dell was.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7838 CONGRESSIONAL RECORD — SENATE July 18, 2001 He was a leader through being cre- become the Republican nominee in Georgia and our Nation nobly for al- ative and innovative. He was a fighter 1992. Then Georgia also had a curious most 40 years, in the Army, in the for what he believed was right. He per- law with regard to the general election. Georgia State Legislature, as a re- severed. He usually won. He built the I don’t know whether it is still the law spected businessman, as the head of the Republican Party while having a loyal of Georgia or not, but at that time in Peace Corps, and as a member of the following of Democrats. He had the 1992 in order to be elected to the Sen- U.S. Senate. Paul believed, as do I, kind of respect it took to walk that ate you had to get 50 percent of the that people flourish when they have kind of very fine line. vote, plus one. Paul, in his contest the freedom to work and make their He could bring people together. He against former Senator Wyche Fowler, own decisions, and he worked day after could calm the waters. When tempers had gotten about 47 percent of the day to ensure these freedoms for all flared, he would tell a joke and dissolve vote. Wyche Fowler came up short of 50 Americans. the tension. He was an extraordinary percent, and there was a third party Last year as we were preparing the person. nominee, so that was the third elec- Treasury and General Government ap- The most telling of all the things one tion. propriations bill for fiscal year 2001, we could say about Paul Coverdell is he is The fourth election was a runoff, a were shocked to learn of the passing of truly talked about and missed every month after the regular election, after our colleague, Senator Coverdell. As we day, even a year later. The vacuum left President Clinton had been elected, moved forward with that bill, S.2900, I by Paul Coverdell’s sudden death last after everybody else who was going to inserted a provision requiring the nam- year at this very time has not been serve in the Senate, if that Congress ing of a building at the Federal Law filled. I am glad we are taking time to had been chosen. There was yet an- Enforcement Training Center in pay tribute to this extraordinary man. other election going on in Georgia, 30 Glynco, GA, in honor of Paul Coverdell. I am proud I was able to be his friend. days after the first election. Paul man- Our House colleagues agreed and we in- The PRESIDING OFFICER. The Sen- aged to win that election and came to cluded this language in the conference ator from Kentucky. be sworn in to the Senate, having had report which was signed into law. I am Mr. MCCONNELL. Mr. President, I to win four elections in 1 year to get pleased to let my colleagues know can safely say, unless it is the death of here. today that the ceremony to name the a family member, usually by a year I cite that not just to recount his re- building will be conducted next month. after someone’s passing you sort of sume but to make the point of what in- There is an American Indian saying, have gotten over it and moved on. Yet credible tenacity it took to go through ‘‘When legends die, there are no more here we are a year after the death of all of that to make it here. dreams. When there are no more our good friend, Paul Coverdell, and As all of our colleagues have indi- dreams, there is no more greatness.’’ Senator after Senator after Senator on cated, once he arrived, his personality, Well, I can assure you that Paul’s both sides of the aisle is making the his work habits—he was peripatetic; he dreams are alive in us and his great- point that we have not gotten over it. was everywhere. No matter what the ness will transcend the years. We still miss him. We think about him issue might be, no matter what little Mr. President, I respectfully request almost every day because he was such group might be discussing a particular this body take a moment to remember an indispensable part of this Senate matter, Paul was always there in a our colleague and his family. which people have come and left for nonthreatening way in a body in which Mr. FRIST. I rise today to honor the over 200 years. people have a tendency to compete memory of our colleague, Senator Paul I met Paul back in 1988. I was one of with each other constantly. His person- Coverdell of Georgia. It’s had to believe the people trying to help President ality was such that no one ever a year has passed since he left us, but Bush get the Republican nomination— thought of him as a competitor. His in- his legacy of integrity, compassion and the first President Bush—and I was terests were vast, across the board, ev- commitment remains a model for us to traveling in the South. It was not a erything my colleagues have said, ev- emulate. pleasant week. The former President erything from education to foreign pol- Throughout his long career in public had lost the Iowa caucus. This was be- icy. He had wide interests. service, Paul Coverdell was a tireless tween Iowa and New Hampshire. His He was elected to our leadership in champion of freedom. He believed in potential to be nominated was very the first term which, as Senator NICK- America and the power of the Amer- much in doubt at that point. Part of LES said earlier, is quite unusual in our ican spirit. Paul Coverdell knew what my travels took me to Georgia where I party. He was unfailingly polite, com- was right and he fought for it with all met State Senator Paul Coverdell, ob- petitive but polite, and had a way of his might. He was a husband, a citizen, viously an intimate friend of the Vice engaging in politics to make friends a Senator, a patriot, and he is sorely President, and I was involved in his rather than enemies. So many people missed. campaign in 1980, 8 years before that, in politics acquire numerous enemies For me, as a newcomer to the U.S. prior to the nomination of President in the process of participating in the Senate now seven years ago, Paul Reagan. business in which we are all engaged. Coverdell was a mentor. I had the Our paths continued to cross. He Paul, quite the opposite, tended to add honor and privilege of watching his came to Washington as Director of the friends. He was a truly remarkable courage up close working on Medicare Peace Corps. I was a member at the man, a leader not just for Georgia but and education in particular where his time of the Foreign Relations Com- for all of America. It was a great trag- expert guidance helped us commu- mittee and had a chance to deal with edy his life was cut short. He would nicate our message to the American him. Then my wife, Elaine Chao, suc- have had many more years in the Sen- people. Whether on the practicalities of ceeded him as Director of the Peace ate making an enormous contribution how to structure a U.S. Senate office Corps when Paul went off to have the to his State and the Nation and enrich- to broader policy implications on the most extraordinary experience in get- ing the lives of all of us who had the issues of the day, Paul Coverdell was ting to the Senate. Paul has to be in privilege of getting to know him. the conscience and guide to whom we the Guinness Book of Records for hav- We still miss you, Paul, and we are turned for advice and counsel. ing won the most elections to get to confident we will see you again some To help honor the life and work of the Senate. day in the future. Paul Coverdell, I am drafting bipar- He ran in Georgia in 1992. I don’t I yield the floor. tisan legislation authorizing two new know what the law of Georgia is today, Mr. CAMPBELL. Mr. President, I initiatives—the Paul Coverdell Stroke but in 1992 you had to win a majority of would like to take a moment in re- Disease Registry and the Paul Cover- the votes for your party to win the pri- membrance of my good friend and our dell Health Care Corps. The untimely mary. If you didn’t, there would be a colleague, Senator Paul Coverdell, who death of our friend points to the need runoff. So Paul had a very close pri- passed away a year ago today. to provide more comprehensive stroke mary election and had to have a runoff, It hardly seems an entire year has care and to learn more about providing an additional election, to get the nomi- passed since Paul was with us on the a better quality of care to the more nation. So it took him two elections to Senate floor. Paul served the State of than 700,000 people who suffer a stroke

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7839 each year. Our first step in doing so is Mr. DEWINE. Mr. President, I rise ENERGY AND WATER DEVELOP- introducing the STOP Stroke Act, today to pay tribute to my dear friend MENT APPROPRIATIONS ACT, which requires the Department of and beloved colleague, Senator Paul D. 2002—Resumed Health and Human Services to develop Coverdell, who, as we all know, passed The PRESIDING OFFICER. The a national disease registry. away a year ago today. clerk will report the pending business. The Paul Coverdell Health Care Paul was a dear friend, who meant so The assistant legislative clerk read Corps is a tribute to the values incor- much to each and every one of us here as follows: porated into the Peace Corps while he in the Senate. He was our friend, and A bill (H.R. 2311) making appropriations was Director and further demonstrates we loved him very much. Paul was a for energy and water development for the fis- our dedication to providing American kind man—a gentle man—a sweet man. cal year ending September 30, 2002, and for expertise to developing nations. This The Senate is not the same without other purposes. new Corps would provide skilled health him. It is not the same because we miss Mr. THOMAS. Mr. President, I would care professionals for countries dealing his kindness, his spirit, and his unbe- like to talk a little about energy. Of with the crises of HIV/AIDS, tuber- lievable energy—energy that he course, the appropriation before us is culosis and malaria. The Paul Cover- brought to every task he undertook. on energy and water, but the broader dell Corps would be an extension of the Whatever it was, Paul would do it topic I think we are going to talk changes made in 2000 in which all and do it effectively. He was one of the about here in the next couple of days Peace Corps volunteers serving in Afri- key people running this Senate. Can- as well is the whole notion of an energy ca must be trained as educators of HIV/ didly, he was that person not because policy and the implementation of a AIDS prevention and care. of his leadership position, which was policy for this country. I believe both of these pieces of legis- significant, but because of the fact that We have, as you know, gone now for lation are a fitting tribute to the late he just got things done. His effective- a number of years without an energy Paul Coverdell. It is my hope that ness came because of his energy, be- policy. It has resulted in some things these two bills will reflect the compas- cause of his drive, because of his deter- that we have felt recently. Frankly, I sion and commitment that he dem- mination. It also came because he think we are very likely to feel them onstrated time and time again in his could get along with people on both some more in the future. We felt it in service to our Nation and indeed, to sides of the aisle. He knew people. He California, of course, and continue to the world. Senator Paul Coverdell was understood them. He liked people, and feel it, although it is a little less press- a champion of liberty and freedom, and people liked him back. That is what ing now. We felt it in the price of gaso- with his wife, Nancy, he knew instinc- made Paul Coverdell effective. line and continue to feel it, although tively that love and freedom are the All of us have different stories and the price is down. But if we do not do greatest gifts God has planted in the remember different things about our something about the causes of this cri- human heart. His legacy charges all of friend Paul. I worked with him on Cen- sis, we will have it again. us with the task of doing everything tral American issues, Caribbean issues, I come from a State, Wyoming, of we can to preserve our freedoms and to and Latin American issues. He cared course, where we are big in the produc- demonstrate in every way the indomi- passionately about the safety, security, tion of energy. We are the No. 1 pro- table American spirit. and prosperity of our hemisphere. He ducer of coal. We are producing natural Mr. THOMPSON. Mr. President, one paid particular attention to this hemi- gas, methane gas—a grand, new oper- year ago today, Senator LOTT had the sphere, because he understood that ation there. So we also feel the up and sad duty of coming to the floor of the what happens here in America’s back- down, in and out, of energy. Frankly, Senate to announce to this body that yard affects the people of Georgia, and selfishly, I hope we can level things out Paul Coverdell, Senator from Georgia, it affects the people of this country. He a bit and get away from this boom-and- had suddenly and unexpectedly died. brought this kind of thought and pas- bust kind of economy that seems to be While his absence was felt immediately sion to all of the issues he tackled. inherent in energy. and deeply, only now with the benefit On the first anniversary of Paul’s To do that, it seems to me, we need of time can we develop a full sense of death, we honor what he stood for, to really take seriously this idea of the contributions and legacy of this what he believed in, and what he ac- having a national energy policy. I am quiet statesman. complished here in this Senate. As a very pleased the President and the Vice Few Americans these days take to public servant, Paul touched the lives President have put forth an energy pol- heart so completely the notion of pub- of his family, his friends and colleagues icy, as I said, for the first time, really, lic service as Paul Coverdell did. From in the Senate, his constituents in his in a very long time. Now it is up to us the Peace Corps to his years in the home State of Georgia, and the lives of in the Congress to take up the portions Georgia Legislature to his time in the millions of people throughout the of that policy that have been laid out Senate, he was a model of dedication United States and abroad. He is deeply that need to have congressional action. and sincerity, unwilling to substitute missed and will always—always be re- Not all of it does, but a great part of it style for substance. He was a serious membered. does, and we need to do so. student of policy and a consistent ad- The results of the lack of a policy vocate of deeds over words. Paul was a f over the years are pretty apparent in a tireless leader in the effort to reform MORNING BUSINESS CLOSED couple of areas. One, obviously, is our our education system and I am proud The PRESIDING OFFICER. Under dependence on overseas production. I to support legislation renaming edu- the previous order, morning business is suspect we will continue to have a good cation IRAs as Coverdell education now closed. deal of overseas production, but we savings accounts. His concern for the Mr. REID. I suggest the absence of a have allowed ourselves to become near- young people of this country was also quorum. ly 55-percent dependent on OPEC and demonstrated by his commitment to The PRESIDING OFFICER. The other countries to fill our needs here, the fight against the trafficking of ille- clerk will call the roll. so we find ourselves in a position gal drugs. But perhaps above all, he The assistant legislative clerk pro- where, if the OPEC countries make a was a great champion of civility. Each ceeded to call the roll. decision with regard to production, time I hear of the need to ‘‘change the Mr. THOMAS. Mr. President, I ask make a decision with regard to pricing, tone in Washington,’’ I think of Paul unanimous consent the order for the we are simply the victims of that. Coverdell. quorum call be dispensed with. What is the solution? I suspect at It is fitting that Congress has now The PRESIDING OFFICER. Without least one of the solutions we need to sent legislation to the President that objection, it is so ordered. consider seriously is an increase in do- will rename the Washington head- Mr. THOMAS. Mr. President, I appre- mestic production. We have an oppor- quarters of the Peace Corps for Paul ciate very much of all the contribu- tunity to do that. There is a great deal Coverdell. I was honored to support tions, the great statements that have of reserve energy here. There is a great that legislation, and I was honored to been made about my friend Paul Cover- deal of reserve in coal, for example, serve alongside Senator Paul Coverdell dell. I think now we are ready to move that we can depend on for a very long of Georgia. He is still deeply missed. forward to some other topics. time.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7840 CONGRESSIONAL RECORD — SENATE July 18, 2001 One of the impediments to that, of the things that has to be done, of So on the one hand, we have the posi- course, in the West particularly, has course, is research. We have to do more tive aspects of the nuclear industry in- been access to public lands. In a State of those kinds of things. The other is asmuch as it answers many questions such as Wyoming, and even much more conservation. Conservation is much a associated with global warming, but so in Nevada and some of the others, part of where we are. I do not think we the reality is that this industry can half of our State belongs to the Federal can solve the problem in the future never move into its full development Government. In order to have produc- with conservation, but that is one of capability unless we do something tion on those lands where minerals are the approaches that must be taken. about the waste issue. available, you have to have reasonable I hope we continue to press to get the I have been critical of the previous access to those lands. leadership of the Senate and leadership administration for playing politics I am not talking about wilderness. I of the Congress to come to an accord with the issue, sacrificing the environ- am not talking about national parks. I on taking up the specifics of energy ment and health and safety of the am not talking about those lands that and not letting ourselves be fooled into American people for short-term polit- have been set aside for particular thinking, because of this little pull- ical gain. Here we are again with an ob- things—even in many cases parts of the back from the so-called crisis, that the ligation of what to do about the prob- forest reserve. I am talking more about problem has been solved; it has not. In lem because we have seen a substantial Bureau of Land Management lands, the order to avoid that happening again, cut in funding in this area. The Appro- multiple-use lands. really in any sort of project, we need to priations Committee has proposed to You have to understand how those look ahead at what our needs are going make cuts in the Yucca Mountain lands became what they are before you to be, what kind of energy do we want Waste Disposal Program. Specifically, can really have an idea of how they available to us, and what do we need to the administration requested $445 mil- might be used. Parklands, obviously, have. Then we need to move to imple- lion for the Office of Civilian Radio- were set aside. Forest reserves were set ment those things. I hope we hear more active Waste Management, the office aside. BLM lands were simply the lands about that. that oversees the Yucca Mountain that remained there after the goals of I yield to my friend from Alaska, who projects. The House energy and water the Homestead Act and so on were ac- is the ranking member and has been bill funded the program at $443 million. complished, and they remained in Fed- chairman of the Energy Committee and While not the administration’s full re- eral hands. So they were never set is probably one of the most knowledge- quest, it is about $48 million more than aside for any particular reason, and able of all of our Senators on this area. last year’s funding. therefore they are common land and The PRESIDING OFFICER (Mrs. Unfortunately, we have before us in should be available. CARNAHAN). The Senator from Alaska. the Senate a committee recommenda- Unfortunately, the access to those Mr. MURKOWSKI. Madam President, tion to provide a total of $275 million lands is much less available than it was I am here today to begin the discussion to continue the scientific and charac- just a small number of years ago. Some on the 2002 energy and water appropria- terization studies already underway at of the environmental groups have said: tions bill. I want to recognize the hard Yucca Mountain. So we are looking at Oh, my goodness, they are 85 percent work of professional staff members on a cut from $443 million in the House, available. The fact is they might be, in the Committee on Energy and Natural the administration’s request of $445 terms of their designation, but when Resources, both the majority and the million, and the committee rec- you get down to specific requirements minority, and the hard work of the ommendation to fund at $275 million. that have been placed on the lands, the Members of this body as we address There is a question of whether or not available lands are much less than they this difficult and often contentious we are going to offer an amendment at were just 10 years ago. issue associated with nuclear waste some time to reinstate full funding, I don’t want to get into the ANWR and the issue at hand, which is a sub- but before we address that, I want to thing, where we have been wrestling stantial reduction in funding for the discuss this matter in depth because it over that. There are lots of lands that nuclear waste program. creates, if you will, an obligation for we have shown and will continue to We have seen lots of good projects the American people and the Congress show can be explored, where minerals funded in this legislation, the energy to face up to reality. I want to outline can be produced and those lands can be and water appropriations bill: Flood what the reality is, and I could prob- replaced and put back just as they control, reclamation projects, Indian ably best do it by having a chart and were. water settlements such as Animas and pointer with which we will attempt to Another problem we have had, that Rocky Boys and others. But we also explain just where we are on the issue continues to be there and we will feel have a very significant obligation at of Yucca Mountain and the proposed again, is the lack of infrastructure— this time, and that is the matter of dis- scheduling. the lack of refineries, for instance, for posing of our high-level nuclear waste I am going to ask Colleen to go over gasoline. We have not produced new re- that is generated as a consequence of here with the pointer and help me out. fineries for years. Part of the reason the operation of nuclear powerplants What we have, first of all, is a bot- for that is the indecision, where we are. that contribute about 20 percent of the tom line that will catch the attention Part of it has been the regulations that power generated for electricity in the of virtually everyone who is watching, were there—14 or 15 different kinds of United States. which is the investment the American gasoline that had to be prepared for I also want to recognize Senator taxpayer has in trying to address what different areas, which makes it much DOMENICI for his tireless efforts in this to do with the high-level nuclear waste more difficult. area. and what we have expended at Yucca One of the more pressing problems is What we have before us is the current Mountain because that is the bottom the transportation of available energy, measure which proposes a major reduc- line, and we are going to work back- whether it be through transmission tion in funding to allow the Federal wards from there. We have spent about lines for electricity or whether it be Government to select the site for stor- $8 billion of the taxpayers’ money de- through lines for gas and oil. We have age of spent nuclear fuel and high-level veloping Yucca as a permanent reposi- to get the energy from where it is pro- radioactive waste. tory. Do we have a picture of Yucca? duced to where it is used in the mar- This is kind of a two-headed major We don’t have it with us today. We ketplace. We have not done that. These environmental issue. We talk a lot and have it somewhere. It shows the tun- are some of the things that need to be express our concerns about global nel. It is the repository out in Nevada considered. warming. One of the answers to global in the proving grounds where we have In addition, we have to take a long warming, of course, is nuclear energy. had some 25 years of extensive nuclear look at what we can do on renewables— On the other hand, we have a problem tests—over 800 nuclear tests—both continue to do more research so wind with nuclear waste, and currently the above and below ground. It is a pretty and solar and hydro become more and industry is clearly choking on its own hot area in the sense of the testing more a part of our future in energy. waste because of our inability to ad- that has taken place in the area, but in That can very easily happen. One of dress and resolve what to do with that. any event, it was one of the proposed

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7841 sites and the site that was finally ap- Now we are in 2001 in the buff-colored to perform. We have an obligation to proved for a process. This process is area, and we have funding for the perform; that is, to structure this so it overwhelmingly complex, but the bot- science and the engineering report. can achieve its purpose as designated tom line is not overwhelming. That is basically funded this year in by the Congress. The cost to the taxpayer at Yucca the 2000 appropriation supplemental, I can understand the opposition of Mountain so far is $8 billion. That is draft EIS, NAS report, and then we my friends from Nevada to the Yucca only part of the story, Madam Presi- have the site recommendations. Mountain issue. They do not want it in dent, because the other part of the Moving over in the next year we have their State. They are working very story is what happened in 1998. In 1998, suitability evaluation and the final hard to assure that it does not go in the Federal Government had a contract EIS. Notice the significant portion their State. with the industry, the nuclear indus- where we are at risk is the site selec- On the other hand, if you are not try, to take the waste that year. tion review, and that is proposed in the going to put it in Nevada, where are The Federal Government has always funding that is in the current water you going to put it? You are not going acknowledged a responsibility to deal bill at $445 to $443 million. If you cut to put it in the other 49 States for obvi- with spent fuel and other waste from that to what the committee has pro- ous reasons. There is another alter- civilian reactors as well as our nuclear posed, $275 million, you are setting this native. We could pursue reprocessing. weapons program. As a consequence of whole program back a number of years. However, today at the Energy hear- the obligation to take civilian spent How many years? Heaven knows. ing, we asked the Deputy Secretary, fuel, the Federal Government signed a But let us look at the next scenario Mr. Francis Blake, if we pursue reproc- contract saying it would take the because it suggests the significance of essing, will we need Yucca Mountain as waste in 1998. You might wonder, well, the result of this action. a permanent repository? He said yes. what is the point of this conversation As I indicated, the amendment that And if you don’t depend on experts, on because you have to get the bottom might be discussed at a later time whom are you going to depend? Are line of what happened. would increase the funding to the level you going to hold a public hearing and Since 1987, utility ratepayers, the nu- that is felt that can keep the program make a decision on emotion rather clear ratepayers of this country have on schedule. Why do you want to keep than science? These are scientists been paying a premium to the Federal the program on schedule? Well, for the speaking. Government so that the Federal Gov- following reasons: According to the De- I personally believe there is a place ernment could take the waste in 1998. partment of Energy, the cuts would for reprocessing. Perhaps we should That Fund, the Nuclear Waste Fund, have a significant impact on the pro- have started on that a long time ago. currently has $19 billion—$19 billion in gram: immediate reduction—in other But that was killed under the Carter it. All to help the Federal Government words, layoffs—of about 650 Federal administration. We had an oppor- meet its contractual obligation. and contract personnel; indefinite tunity. So here we are. We have nearly Madam President, 1998 came and delay in license application; renders $100 billion of taxpayers’ money at went. The Federal Government did not the 2010 spent fuel receipt date risk. We are hung up right on the pin- have the proper repository ready, and unachievable—so basically, at the end nacle of what to do, and the proposal as a consequence the Federal Govern- of this thing, which is out here in 2010 ment was in breach of its contract. now is to cut funding—to cut funding Nineteen billion dollars is a lot of when we are supposed to take the without coming up with an alternative money. I am not going to stop there be- waste, that makes that date of how we are going to do this. cause the costs don’t stop there. It gets unachievable—the loss of 75 percent of A lot of people say we are never more complex because, as you know, Federal staff performing oversight, the going to be able to move the waste any time you breach a contract you ex- loss of most quality assurance over- anyway. We have moved military waste pose yourself to litigation. So we have sight; loss of ability to conduct inde- all over the country. We have moved already spent $8 billion on examining pendent technical reviews; termination high-level waste to South Carolina, to Yucca Mountain. of the Nye County Early Warning Drill- the State of Washington. It is moved The claims filed by the nuclear in- ing Program; eliminates any of the by military means. And it is moved dustry against the Federal Government universities that are involved in this safely. We have been very fortunate in total somewhere between $60 and $80 process; loss of repository surface de- the manner in which we handle this billion for nonperformance of the con- sign support for license application; waste. I think we have the scientific tractual commitments. That is about loss of modeling ability; loss of license capability to reduce the risks to a min- $90 billion to $100 billion. That is what application design and analysis capa- imum. We have to get this thing off we are looking at. We are looking at bility. center. the $19 billion that ratepayers have All these activities that are under- My appeal to my colleagues and the paid into the Nuclear Waste Fund, $8 way—and have been—are necessary to staffs who are watching this debate is billion of which we have spent and then achieve this 2010 date, at which time that we have a responsibility to the we are looking at $60 to $80 billion in this repository would be licensed and taxpayers. I hope everybody who is lis- litigation associated with the breach of capable of taking the high-level nu- tening recognizes that we have spent contract. And here we sit. clear waste. So this is necessary fund- $100 billion of taxpayers’ money on this The point I want to make now with ing to keep this on a reasonable sched- project. If we reduce the funding, we this chart is to show you the steps. ule. are going to put it off indefinitely, or Back in 1978, we had the first Yucca That is under the assumption that we certainly are going to put it off Mountain bore hole, the testing. Then science will determine that Yucca is after the watch of my good friend, Sen- in 1982, we went with the Nuclear suitable. I believe it will. If so, then li- ator REID, and others, and simply pass Waste Policy Act. Then in 1984, we had censing activities are key to getting the problem on to others who may the draft environmental assessment. the repository back on track. come into this body from Nevada. Then in 1986, we had the three can- There is no question that the Federal I do not have a constituency on this didate sites-selected areas. Well, the Government has the obligation to take in Alaska, but I have a responsibility, one that was selected and approved in the waste. There was a contract in 1998 as former chairman of the Energy Com- 1987 was Yucca. We had final environ- to take the waste. As I indicated, the mittee, and the ranking member, to ad- mental assessment in 1986. Then in ratepayers have paid in $19 billion. The dress the obligation that this body has 1988, we had consultation, we had draft Federal Government has breached its to address this problem with some fi- site characterization and then in 1989, contract. And the Federal Government nality. We are either going to fund it, and so forth, we had site characteriza- is subject to lawsuits, litigation, some- keep it going, or we should come to tion. Then in 1993, we begin the actual where in the area of $60 billion to $80 grips with the other alternative. And I construction. That was the bore hole billion. This is serious business. This is am not conversant necessarily on what test. Then in 1998, we had the viability serious accounting to the American that might be. assessments. And then we had the draft taxpayers for performance. They ex- But we have the waste. The nuclear EIS. pect the Congress of the United States industry produces 20 percent of the

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7842 CONGRESSIONAL RECORD — SENATE July 18, 2001 power in this Nation, and we can’t The U.S. industry is actually putting I don’t know where the votes are, but agree on how to solve it. Not only is its money where its mouth is. By the I will let others who are responsible the selection of a repository critical in end of 2001, the Chicago-based Exelon make a determination of where the dealing with our present spent fuel Corporation will have invested $15 mil- votes are on this issue. problem, but it is essential if we are to lion in a South African venture to I remind each and every Member, as build an energy-secure future. I talked build a pebble bed modular reactor, they reflect on how they might vote on a little bit about that in my opening new technology, technology that re- an amendment to restore the funding remarks. duces the risk associated with the op- to the appropriate level, again, the tax- There is the realization, as we look eration of nuclear reactors and a very payers of this country may be ques- at global warming, there is definitely a exciting development. tioning each Member on the validity of place, a strong place for nuclear en- It is fair to say that we are seeing the basically putting this program off and ergy. Our future energy security de- public becoming more accepting in rec- potentially abandoning the program pends on nuclear power if we are ever ognizing the role of nuclear energy. after nearly $8 billion has been ex- to meet our environmental goals. I This past April the Associated Press pended. would say to my colleagues, who are commissioned a poll that suggests that I find it ironic, the one hook that the very sensitive to the environmental half of those polled, nearly half, sup- opponents of the site have always hung point of view, that those environ- port using nuclear powerplants to their hat on. They have said time and mentalists who oppose the advance- produce electric energy, and 56 percent time again that science should decide ment of nuclear energy are really said they wouldn’t mind a nuclear the issue, not politics. Well, this sched- sticking their heads in the sand and plant within 10 miles of their home. ule I am showing you is science in ac- unrealistically failing to recognize The problem we still have is what to tion. This is the check and balance sys- that energy has to be produced from do with the waste. I believe there has tem. This is the evaluation of all our been more of a political problem than a some source, and, as a consequence of environmental considerations in an or- technical one. I understand the politics that, whether it be coal or oil or gas, derly process. It is science in action. If of Nevada, and I respect it. Now a fund- we have concerns about global warm- politics is going to kill this program by ing cut, however, that impacts the ing and emissions. We do not have that cutting the funding from the roughly technical program for reasons that we $445, $443 million down to $275 million, particular concern with nuclear, but can conjecture simply is not accept- it will not be science that is making we have the concern of what to do with able. It is not acceptable for the Amer- the waste. We have to address that. But ican taxpayer in light of the exposure that cut. It will be politics. Let me repeat the statement because the contribution that nuclear energy is to that taxpayer already. making is significant to reducing glob- Again, I cite that exposure in dollars I think it is important. Science should al warming. because I think we have a tendency to decide this issue. This is science in ac- We have had hearings on nuclear en- generalize around here. But when we tion, not only because of its impor- ergy in the Energy and Natural Re- get specific, we have spent $8 billion of tance to the taxpayer but because it sources Committee. We have looked at the taxpayers’ money in Yucca Moun- may be the only area of agreement the the future of the industry. We have dis- tain, that hole in the Nevada moun- opponents and I have on Yucca Moun- cussed the reauthorization of Price-An- tain, we have collected $19 billion that tain. That is, let science determine the derson. we have collected from the ratepayers disposition. I, too, believe that science Nuclear energy, as I have indicated, to have the Federal Government take should determine this issue. is 20 percent of our energy mix and the waste in 1998, with the realization I hope, as we continue the discussion must continue to play an even greater that the Federal Government broke the today on this matter, we consider the role in the future if we want to meet contract and now with litigation total- significant merits of exposing the our energy demands and protect our air ing some $60, $80 billion, you can see American taxpayer to upwards of $100 quality. The production of electricity the significance of the obligation we billion in liability. Are we going to from nuclear energy, as I have indi- have. stop this program in its tracks at this cated, emits no greenhouse gases, no For those of us who support the time? If we let science make the deter- CO2, no SOX, no NOX. It is a baseload Yucca Mountain program, at last count mination about Yucca Mountain, then power which provides our grid stability there were 66 Members of this Chamber the funding should be restored and the and reliability. who indicated support of using Yucca program should be allowed to reach a Nuclear energy supplies California Mountain as a repository for the stor- determination about suitability one with about 16 percent of its electricity age of spent nuclear fuel—66 Members. way or another. That is the orderly supply. Without that in the past year, I don’t know how many Members we way to approach this. That was the the California grid would have simply have today in this body who are willing general consensus of Members relative collapsed. High natural gas prices and to support this effort. It suggests that to the process which authorized the low uranium prices have helped to if an amendment is taken to a vote and funding all these years, and we are still make electricity produced from nu- the amendment would fund at the ap- in the process of reaching a determina- clear some of the cheapest in the coun- propriate level necessary to continue tion on suitability. That should be al- try and some of the most efficient. the program, that if that amendment lowed to be funded at a level so we can Safe and efficient U.S. plants are op- failed—and there may be a good deal of make that determination. erating today at record efficiencies. In loyalty on the other side in reference If the suitability determination is 1999, U.S. nuclear reactors achieved to the amendment—then those respon- not there, then, obviously, the project close to 90-percent efficiency. Total ef- sible would have to bear the brunt of cannot go forward; it would have to be ficiency increases during the 1990s at recognizing the significance of this in terminated. But that, again, should be existing plants was the equivalent— basically killing the nuclear program a decision made by science and not the this is just the efficiency—of adding in this country associated with Yucca political process associated with this approximately 23 1,000-megawatt pow- Mountain and the disposal of the body. erplants. So that gives you some idea waste. I hope the Senate conferees will ad- of the sophistication of the industry. On the other hand, if some assur- dress this at an appropriate time, and Keep in mind, it is all clean, nonemit- ances can be made that there will be it may be necessary that we move an ting generation. funding at a level to keep this at a rea- amendment to restore the funds on the Now we are seeing more acceptance, sonable level, to continue the schedule floor, but there are other Members who that the nuclear energy industry is on that I have outlined behind me, then, want to talk on this issue. the upswing. Four or five years ago, obviously, we could work together to I yield the floor, and I will be happy who would have thought we would have recognize the necessity of maintaining to respond to any questions. heard about buying plants, selling this program as it has been developed. The PRESIDING OFFICER. The Sen- plants, and, yes, even building new We can’t simply accept this kind of a ator from Nevada. plants. That discussion is happening cut that would set this program back Mr. REID. Madam President, before today. that many years. my friend from Alaska leaves the floor,

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7843 I take this opportunity to briefly re- as a Government made dealing with ferent issues—wishes to speak on en- spond. things nuclear. ergy-related matters generally. Is that In all my dealings with the then- So I understand from where my true? chairman of the Energy Committee, friend from Alaska is coming. It is a Mr. VOINOVICH. Yes. now the ranking member, he has set an difficult problem. My personal belief is Mr. REID. I have no objection to example of how one should treat peo- that we as a country and as a world yielding. It is my understanding there ple. He has always been available on would be better if we simply said let’s are no time constraints. The Senator difficult issues, on easy issues. He has leave it where it is, in dry cask stor- wishes to speak for 20, 25 minutes; is never, as a result of our disagreement age. We will save hundreds of billions that correct? on a subject, done anything to be of dollars doing that, and we won’t Mr. VOINOVICH. Yes. vengeful on something else that was have the transportation problems. It Mr. REID. I yield to my friend from important to Nevada. I have the great- would be safe for a hundred years. By Ohio. est respect for the junior Senator from then, we will have something to do The PRESIDING OFFICER. The Sen- Alaska. He has been, in my estimation, with the product. ator from Ohio is recognized. a real role model as to how one should I know that my friend, the senior Mr. VOINOVICH. Madam President, I be a legislator. Senator from Idaho, has indicated he rise to generally speak about the issue On this issue we disagree. There are wants to speak on this issue and per- of energy in this country and to under- so many issues involved with this. Be- haps offer an amendment. The junior score the fact that one of the sources of cause I am from Nevada, I always con- Senator from Nevada has indicated energy that we really need to look at is sider myself maybe not the right per- that he wants to speak on this issue. nuclear energy. The sooner we resolve son to speak about this issue. Maybe Perhaps during the day we will do that. the issue of how we deal with nuclear someone else should speak about it. Madam President, let me say this. waste, the better for this Nation. We Therefore, I am not going to speak a My friend from New Mexico is not here. ought to do everything in our power to lot other than to say we not only have I am not frustrated, but I am arriving accelerate the decision in terms of the characterization problem with at the point where I am a little bit where that waste is going to be located Yucca Mountain but the unbelievably frustrated. This is a bill involving more if we expect to deal with not only the difficult problems dealing with trans- than $25 billion. Over $20 billion of this energy needs of our country but also portation. bill goes to defense-related activities, with something about which many of Senator Bryan and I traveled to St. which is important for this country. us are concerned, and that is climate Louis a year or two ago and met with We need to move this legislation along. change. the county commissioners, the legisla- There are a lot of phantom amend- Nuclear power is a source of energy tive body that governs the county ments out there. Bring them on. Let’s that does not produce greenhouse where St. Louis is located. We made a have a debate and move this legislation gases, and I think it is something that presentation to them. They, a short along. should be a priority for the Senate and time after that, passed a resolution It is very apparent to me that there for this Nation to resolve once and for saying they were opposed to Yucca is an effort being made to stall this leg- all. Mountain and they didn’t want any nu- islation, slow down the progress of My other remarks will deal with the clear waste traveling through St. what we are doing in the Senate. As issue of the fact that in spite of much Louis. our distinguished majority leader men- talk and much writing, conservation People feel that way all over the tioned last night, this legislation is im- and alternative fuels are not going to country. The problems dealing with portant to the President of the United be able to deal with the problem we transportation are complex, difficult, States. It is his agencies we are trying have in this Nation in terms of our en- and almost impossible. That is why in to fund—the Bureau of Reclamation, ergy crisis. We have that crisis because Europe they have gone away from the Corps of Engineers, Department of En- we lack a national energy policy. We burial of nuclear waste and, basically ergy. So I really don’t know what peo- haven’t had one for 30 years, and it is speaking, to now where they are going ple are gaining by having us accom- a Republican and Democrat problem. to try to do transmutation that we plish nothing. We have a faulty deregulation law in should already be doing in America. The majority leader said we are California. We have environmental We had a program going that was going to work to complete this legisla- policies that have contributed to a lack killed in the early 1980s. It was the tion, and we have an a agreement that of diversity and difficulties in siting Clinch River in Tennessee. Transmuta- after this we will go to the Graham new facilities, pipelines, and trans- tion was terminated. Why? Because nomination, and we will do Transpor- mission lines. We are too reliant on there was a belief at the height of the tation this week. I have not spoken to foreign sources of oil, and we have in- cold war that some of this processed the majority leader, so I am on my own appropriately demonized nuclear plutonium could make its way into the in saying this. But we don’t have to sit power. hands of the wrong people. In hind- around here and do nothing. There can Today, we are a fossil-based econ- sight, that was a very bad choice. Now be votes. We can vote on all kinds of omy, although there is broad recogni- in this bill we have money to again things. I think that Thursday and Fri- tion that we are eventually going to begin this process. The comanager of day, if there is still the view that we shift away from primary reliance on this bill, Senator DOMENICI, and I have are going to do nothing, there would fossil fuels to much greater use and worked hard to increase that funding. probably be some votes; I would think emphasis on other sources. I have not tried to, in any way, be we would be going until sometime on Several alternative energy sources mean spirited with the cuts we have Friday. exist today. They are either inexhaust- made with Yucca Mountain. These I have tried since last week to get an ible, i.e. solar, wind and nuclear—or re- moneys are not just thrown away; they agreement as to when amendments newed through natural processes—i.e. have gone to extremely important pro- would be filed, and we can’t get either hydropower or plant-based fuels such grams. I have a little difficulty crying a finite list or a filing deadline. We as ethanol and vegetable oils. big alligator tears over a program that can’t get those. Yet no amendments Currently the contribution of alter- still has $275 million to be spent in 1 are being offered. So I hope that later native energy sources to U.S. needs year. We are going to conference with this afternoon we can have a time range from less than one tenth of 1 per- the House. Of course, there would have when we can determine not only what cent for wind and solar power, 3 per- to be changes made there, I am sure. amendments are going to be filed but cent from hydroelectric and biofuels But the changes are not going to be be more certain to have amendments each and 8 percent from nuclear en- easy because we have programs for filed at the desk. ergy. places in Ohio and we have programs in It is my understanding that the Sen- Today, however fossil fuel reserves South Carolina, in Idaho, and in Wash- ator from Ohio, who has a lot of knowl- appear to be adequate to serve the Na- ington, where huge amounts of money edge on things nuclear—and I have tion’s current energy needs, with a 70- are going to clean up the mess that we worked with him on a number of dif- year reserve for oil and approximately

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7844 CONGRESSIONAL RECORD — SENATE July 18, 2001 250 years of reserves for coal, at cur- where our energy actually is coming. discovered natural gas that is located rent consumption rates. As we can see by this chart, the prin- on land owned by the Federal and One of my colleagues noted a while cipal sources of energy today are oil, State Governments. These resources ago that wind power is the fastest natural gas, and petroleum. It goes will need to be tapped to accommodate growing source of electricity in the without saying that these fuels have the inevitable increase in natural gas world and we should look to it more se- become essential elements in creating consumption. If not, then we face the riously as an alternative energy our way of life. hardship of increasing dependence on source. Despite the fact each year we use en- foreign resources that will have the ca- Another one of my colleagues pointed ergy more efficiently, energy demand pacity to cripple our energy economy out that solar panels covering a 100 by rises about two-thirds the rate of eco- and again drive up our cost. 100 mile square would produce enough nomic growth. As we can see, nuclear, The challenge to produce more oil solar energy to power this entire Na- hydro, and renewables are at the bot- and natural gas is greater because the tion. tom of the chart, and any shortfall cre- production from our existing resource The truth is that although alter- ated between production and consump- base is subject to natural decline native energy sources are being used in tion of our three main energy sources— through depletion. some places across the country, we that is, oil, natural gas, and coal—is Fuel cells, electric vehicles, hybrids, have been subsidizing solar and wind going to be made up in imports. biomass, solar, and wind technology, power for 25 years now, and combined For example, oil imports have risen, all represented on this chart as non- they only make up one tenth of 1 per- as we are all aware, from 1973, when hydropower renewables, are all prom- cent of the total energy demand to they were 36 percent, to 2001 at 56 per- ising energy sources for the future, but date. cent. Refined gasoline net imports have right now there is no suitable infra- Renewables are now generally cost- risen from 1 percent in 1980 to approxi- structure in place that will allow for lier than fossil fuels, for example, solar mately 5 percent in 2000. The reason for these energies, even combined, as we power is currently 8 to 10 times more it is we have had to import oil to make will see in later charts, to sufficiently costly. Even assuming optimistic tech- up for the lack of our own production. supply current needs, much less future nology scenarios, it will take at least Oil and natural gas demand is ex- demands. 30 to 40 years before renewables’ energy pected to continue to grow for the fore- Energy consumption: As we can see infrastructure could be built up from seeable future. Alternative energy by this chart, Americans consume its current level and start contributing sources, such as wind and solar power, more energy than we produce and will significantly to our energy supplies. are being pursued but will not alter continue to consume more energy, es- As this chart shows, costs have a dis- pecially fossil fuels, for decades to proportionate impact on low-income this outlook for decades to come, again making the point that for those who come. families. Although several alternative energy say do not worry about these three Since the beginning of the 107th Con- sources exist today, the chart reflects major sources of energy, we are going gress, I have been holding a series of that even the combination of those to make it up with nonrenewables, we public meetings across the state of sources, marked ‘‘renewables’’ at the can see the large discrepancy. Ohio where I have asked individuals bottom of the chart, through 2020 will Now that we know how much Ameri- and business owners to relay their ex- not compensate for the need for energy cans expect to consume over the next periences as to how our energy crisis is production that will take place over two to three decades, it is important to impacting them. the next two decades. look at how that expectation will be In Cleveland, I have held a meeting Even if we double or triple renew- with Catholic Charities, Lutheran met given our current state of re- ables, we will not make up the dif- Housing, and Salvation Army as well sources. This chart shows how much ference between production and con- as senior citizens, low-income parents, energy we produce domestically by fuel sumption. The President is right: We and handicapped individuals, and an- type. need more refineries, more electric other with some small businesspeople At the top of the list are natural gas, powerplants, more coal, and more nat- to talk about the impact energy costs coal, petroleum, and then we have nu- ural gas pipelines and production. It is were having on their businesses. clear and renewables at the bottom of plain to see that we will not be able to Another was with governmental the list. conserve our way out of this crisis. agencies and the increase our heating According to the Department of En- While conservation helps, it is not bills had on their budgets. Then I met ergy, natural gas is expected to be the going to meet our estimated consump- with some folks who talked about the fastest growing component of world en- tion without drastically changing impact our high cost of gasoline was ergy consumption. Gas use is projected Americans’ standard of living. having on their businesses. One of the to almost double to 162 trillion cubic Looking at this chart, we can see re- things the people of America should feet in 2020 from 84 trillion cubic feet in newable energy sources that reflect note is that when it gets to energy 1999. So the world demand for natural some of the most promising forms of costs, the least of our brethren are gas is going up. alternative energy in existence today. those who are impacted the most. It is that increase in natural gas However, each is accompanied by ex- As this chart shows, the people mak- prices that drove up the cost of energy tremely realistic limitations that ham- ing under $10,000 in the United States in my State for my homeowners, my per their ability to be viable in the of America spend 29 percent of their in- businesses, my farmers, and for the near future. come on energy costs, and those mak- other portions of our economy. If that We hear a lot about fuel cells, and I ing between $10,000 and $24,000 spend 13 continues, we can see continuing high have studied fuel cells substantially. I percent, and those who are over $50,000, prices. met with the president of General Mo- about 4 percent. We need to increase our infrastruc- tors. He said it is going to be 10 to 15 This energy crisis, quite frankly, is ture. According to a study by the non- years before fuel cells will be market- impacting more, as I refer to it, the profit operator of New England’s power able and commercially viable. least of our brethren than any other grid, New England will be increasing Electric vehicles: I visited a facility segment in our society. For example, its natural gas demand from 16 percent in Euclid, OH, Alliance Electric, a the Catholic diocese said in the year in 1999 to a projected 45 percent in 2005, Rockwell Automation subsidiary, and 2000 their help line received 3,400 calls but they lack—another thing we need they are working on a little gismo for for basic needs, items such as food, to talk about—the local pipelines to hybrid automobiles, but it is going to utilities, mortgage, or rent. The num- distribute the gas to its market. We be 5 to 6 years before they get that ber of calls the diocese received went have a need for gas. The next question down to a cost where it is going to be up 96 percent from 1999 to 2000 and 194 is, How do we get it to folks? We know commercially viable. percent from 1998 to 2000—attributable we do not have the infrastructure to do We have biomass and solar power to to this energy crisis. that. which I made reference. Let’s look at U.S. energy consump- With that in mind, we also know All of these are available, but the tion by fuel so we get an idea of from there is an estimated 40 percent of un- practical impact on our needs in this

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7845 country in the next 20 years is neg- future of oil and natural gas trans- on with the issue of debating how it is ligible. mission does not appear promising. that we are going to confront this en- World primary energy is another If we refuse to act, the alternative ergy crisis that is having such a nega- issue at which we ought to look. This will be a continued capacity squeeze tive impact on the people in my State is not to say that alternative fuels are and higher transmission costs, passed of Ohio, the people who live in our destined for failure. I agree with the on to the consumer. That is one of the inner cities, our small businesspeople. President that we need to diversify our problems we had last year with the big I had a meeting this week with small energy sources. I believe promoting spike in gasoline. We had a break in businesspeople, manufacturers. I asked technology of these sources is the right two lines, one coming from the Gulf of the question, How many believe we are approach to take, not for the near term Mexico, the other coming from Canada. not in recession? There was not a hand but for the future. That had a dramatic increase on the that went up. Part of the reason they We as a government should continue cost of oil to the people living in Ohio are being negatively impacted is the to invest in providing grants and incen- and other parts of the Midwest. fact that the energy costs are sky- tives to move forward with some of On conservation and its impact, this rocketing. We have a very large plas- these alternatives. Over time, we have chart shows what we can expect under tics industry. We have more jobs in learned advancing technologies is per- three different energy production sce- plastic than any other State. Because haps the single most important factor narios through the year 2020. The top of the high cost of natural gas, they that contributes to long-term produc- line assumes constant energy use with are now in a noncompetitive position tivity and economic growth. For exam- respect to economic growth, and it is and are laying off workers. For farmers ple, we have clean coal technology going up. Hopefully, the economy con- in our State, natural gas is used in fer- available that we could use for burning tinues to grow. This means if a nation tilizer. As a result, our corn crop will coal. We need to move forward with continued along the same path we are be 25 percent less this year because of that. traveling, through 2020, with energy de- the cost of fertilizer. This chart is a little complicated, but mands rising with proportion to Some fertilizer companies are not it shows how energy sources have growth, and there were no techno- manufacturing fertilizer this year but peaked in the world: Oil going down, logical advances made, consumption selling their natural gas contracts and gas going up, and we are seeing nuclear would increase dramatically. are making more doing that rather at the bottom of the chart. This little The bottom line represents energy than selling fertilizer. bit is the increase in renewables. production growth without significant The point I am making is, the energy Again, if you look at the world pic- change. If we stay the way we are now, crisis is cutting across my State and, I ture, we have a problem. Today, China we are in very big trouble. The second am sure, the State of the Presiding Of- imports oil. They used to export oil. line shows what the Department of En- ficer and all other Senators. We owe it We are seeing that all over the world. ergy predicts will happen when or if to our constituents to make sure we do The economy is getting better for all consumers are offered a menu of avail- not duck, take a walk, be unwilling to people. Their standard of living is able technologies from which to make the hard decisions we are going going up and they are using more. We choose. An example would be a family to have to make to deal with this prob- need more energy. replacing a vehicle after several years lem, including the issue of what do we On petroleum production, the United of usage for a more fuel-efficient auto- do with waste from our nuclear energy States is the world’s largest energy mobile. This menu of options makes a plants in this country. There are still producer, consumer, and net importer. big difference when compared to in- people who demonize nuclear energy, It is no secret the United States is be- creased energy intensity and consump- for example, and fail to recognize our coming more and more dependent on tion in the first line. We need to move entire nuclear fleet has had not one foreign oil imports. This chart reflects forward in order to meet our demand. problem since Three Mile Island, very what we have to look forward to by The third path reflects the impact of little problem whatsoever. It is a safe way of dependence through the year conservation at its height. This in- way of producing energy. Europe is 2020. This is petroleum production and cludes nonuse and the use of the most into it. We have had it in limbo be- consumption, which is going up. Im- competent and efficient technology cause of the fact it has been demonized. ports in the month of April as a per- combined. This chart shows an ‘‘avail- More important than that is how to centage of petroleum delivered was 62.4 able technology’’ consumption curve deal with the nuclear waste. It is time percent. This time last year it was only by barely 20 percent. There is still a we moved on with this. I hope this en- 60 percent. The total petroleum prod- considerable gap between consumption, ergy appropriations bill puts in enough ucts delivered to the domestic market even at the greatest levels of conserva- money so we can intellectually move in April was over 19 million barrels per tion. We need to be concerned about it. forward in resolving that issue. If it is day. In the same month last year, it The point I am making this morning not Yucca Mountain, what are the al- was 181⁄2 million barrels per day. is that we have a challenge to meet the ternatives? We have to come up with a Scarce petroleum resources is not a energy needs of this country. Those solution for what we do with our nu- problem experienced only by the people who advocate conservation and clear waste, to take advantage of nu- United States. The energy crisis is alternative fuels, renewables and so clear energy in this country. being felt across the globe; so much so forth, as the answer to the problem, I suggest the absence of a quorum. that inevitably, as foreign countries re- frankly, are not being intellectually The PRESIDING OFFICER (Mr. alize an increase in their own energy honest or facing reality. That means FEINGOLD). The clerk will call the roll. needs, they will be less willing to ac- the Members of this Senate and the The legislative clerk proceeded to commodate the growing energy de- House of Representatives are going to call the roll. mands our country places on them. have to face up to the issue of how to Mr. REID. Mr. President, I ask unan- With the increased reliance on foreign harmonize this Nation’s environmental imous consent that the order for the oil, we will not get far if we do not needs and this Nation’s energy needs so quorum call be rescinded. work to expand the current oil and nat- we can come up with a realistic energy The PRESIDING OFFICER. Without ural gas pipeline system. policy. objection, it is so ordered. Our Nation’s 200,000-mile pipeline It is very important for the future of f system is the world’s largest. These our country. I happen to believe, in nearly invisible ribbons of steel deliver terms of issues that need to be dealt EXTENSION OF MORNING more than 13.3 billion barrels of crude with, we need to face this head on as BUSINESS oil and petroleum products in a typical soon as possible. President Bush should Mr. REID. Mr. President, I have been year. Without them, it will take thou- be given a great deal of encouragement advised that the Senator from Ten- sands of trucks and barges clogging the for coming up with a comprehensive nessee, Mr. FRIST, wishes to speak for Nation’s roads and waterways to do the energy policy that is being quarter- up to 20 minutes in morning business. I job. The capacity of the system, how- backed by the Vice President of the ask unanimous consent that he be al- ever, is being seriously eroded and the United States. It is long overdue to get lowed to do so.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7846 CONGRESSIONAL RECORD — SENATE July 18, 2001 The PRESIDING OFFICER. Without understanding, having spent 20 years in experience, that we can address this objection, it is so ordered. the field of medicine, and in science— use of living tissue, living tissue that f that medical understanding of this otherwise would not be used. It is criti- process of life and of living tissues. I do cally important that we understand, STEM CELL RESEARCH give moral significance to the embryo, and in our moral and ethical frame- Mr. FRIST. Mr. President, I rise to as I mentioned earlier. work ensure, that this tissue otherwise speak to a topic that is very much on Second, I am a transplant surgeon. I would not be used. It is similar to the the minds of the American people as had the opportunity to serve on com- fact that when I do a heart transplant, well as policymakers in Washington, mittees that looked at the ethical con- that heart otherwise would not be used DC; that is, the issue of embryonic siderations surrounding the use of tis- for anything useful. That individual stem cell research. The issue of embry- sues and the transplantation of those would likely be buried 6 days later or onic stem cell research is one that has tissues. I have served on committees 10 days later. captured the imagination of people all sponsored by the United Network For To use that tissue that has no other over the world in the last 2 to 3 years. Organ Sharing—the registry that over- use—and that is where this informed It wasn’t that long ago that the idea of sees transplantation in this country. I consent process is important when we taking cells very early in life and hav- have served on the board of local orga- are talking about stem cell research, to ing their potential captured and set in nizations and tissue procurement agen- benefit other people, people with diabe- different directions to help treat dis- cies. I have served on the ethics com- tes and Parkinson’s disease and Alz- ease—to help make diagnoses—was mittees within hospitals. I have had heimer’s and spinal cord injuries, who really just a pipedream. Literally, it the real privilege of writing scores of may potentially benefit from this new was 2 or 3 years ago. peer-reviewed papers in the field of research. Now, because of the advances in transplantation and scientific papers in It was not easy in transplantation 30 science, the advances in technology the field of transplantation—both basic years ago, but we did it. And through and the tremendous research that is science and clinical transplantation of organizations such as the United Net- being conducted in this country and, living tissues. I wrestle on a daily basis work for Organ Sharing, a national indeed, around the world, a whole new with these decisions surrounding life registry, strong Government oversight, frontier has opened—the frontier of and death and health and healing. I full transparency, full public account- what is called stem cell research. I will have had the opportunity to routinely ability, discourse among not just the mention a little bit about what that is, deal with many of these end-of-life tis- scientists—because they are going to but what captures people’s minds so sues. push for it hard—but discourse on the much is the promising aspect of this I have also been blessed with having public square, where you get the input research. What has inspired such inter- had the opportunity and the training of the theologians and the ethicists and est in this is the fact that people with to transplant tissues myself—to take a the philosophers and the medical doc- numerous diseases, for really the first beating heart out of an individual who tors and the clinicians, and the par- time in their lives, can look ahead and has healthy lungs, a healthy heart, ents, as well as the scientists them- say there is the potential for a cell at healthy kidneys, and to take that beat- selves—the consent process; I will come its earliest level to be channeled in cer- ing heart from that individual that, back to it very briefly—but the consent tain directions to make the care of yes, does terminate the living function process must be comprehensive. that disease easier, and possibly even of the lungs and the kidneys and the That is the only way we can avoid cured. other organs, but to take that heart the potential abuse, the potential for The same hope—I hear it daily—is ex- and give it to another on really a week- overcommercialization of this process. pressed by people with diabetes, Alz- ly basis before coming to the Senate, We have to make sure the consent heimer’s disease, or Parkinson’s dis- and allowing that individual to live in process protects against coercion. We ease, and for spinal cord injuries. In- a new life, a better quality of life; an can look back to that transplant arena deed, this stem cell research—both individual who without that transfer of because we addressed it 30 years ago. adult stem cells and embryonic stem tissue otherwise had no hope. Again, this is much later in the con- cells—has opened up a new frontier I mention that, because the ethical tinuum of life, when we are doing heart that is full of potential, full of hope, construct and ethical and moral deci- transplants and lung transplants, but and full of promises. sionmaking that we are having to face we must come back and superimpose a The issue is being addressed by the today in a much earlier point on this comprehensive consent process much leaders of our country. It is being ad- continuum of life is very similar to earlier in time. dressed in amendments on the floor of what we debated and talked about— The third issue is research. As I men- the Senate. It is being addressed by what our scientists debated and talked tioned, this is new research. It is excit- groups considering the ethics among about—what our ethicists did—what ing. It gives hope to millions and mil- the think tanks. It is being considered our medical scientists did about 30 lions of people. But let’s not over-sell by the administration as we speak. years ago in transplantation. To whom the potential. This research is new. It I would like to make four points. do you give scarce resources? To whom is uncharted. It is evolving. It is un- No. 1, in any of these arenas where do you not give a heart or a lung be- tried and untested. Therefore, we can- we are talking about life—and indeed I cause we have this shortage? Which not predict exactly what is going to believe upon fertilization—there is a organ tissues are suitable for trans- come from this research. So let’s not continuum from a sperm and an egg, to plantation? oversell the research in order to build a blastocyst, to a fetus, to a child, to I have had the privilege—really the public support for whatever position we an adolescent, to an adult. That con- blessing—to be able to see the rigorous take. tinuum is indeed life. consent process we have now estab- We should not let the potential of As policymakers, we will be injecting lished in a very solid fashion sur- this research drive the moral consider- our own feelings and our own beliefs rounding the use of tissue taken from ations themselves. Thus, we must set into this debate as we go forward. one source and given to another source. up a very important, strong, trans- Therefore, I wish to make it clear to Again, it is not an exact parallel, but it parent, ethical construct in which this my colleagues that from my perspec- is similar from the large ethical con- decisionmaking can be made, and needs tive I do value life and give moral sig- struct in transplantation 30 years ago to be made, on an ongoing basis. We do nificance to the embryo and to the to what happens after birth, to the not know what the next great dis- blastocyst and to that full continuum. moving of tissues, or cells in this par- covery is going to be 6 months from I, indeed, am pro-life. I oppose abor- ticular case, in a period much earlier now. We cannot lock into place either tion. My voting record on the floor of along the time line, at a time 5 to 6 the moral considerations or the way we this body is consistent with that. days after a sperm and egg come to- consider whether or not it is appro- Those beliefs are based on the very gether. priate to look in a new field of science. strongly held spiritual beliefs that I I am convinced, based on this per- So the oversight process has to be re- have. They are based on my medical sonal experience, based on professional sponsive, has to be ongoing. It has to

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7847 recognize that science moves very vitro fertilization and would otherwise about possible research breakthroughs quickly. The lack of predictability be discarded. involving adult or embryonic stem means there is the potential for abuse No. 6, require a rigorous informed cells—and the ethical issues raised by of the science itself. Again, that is why consent process to ensure that the this research. Today, Americans’ we must consider this issue in this blastocysts used for stem cell research thoughts on stem cell research are de- body, why politics or policy must be are only those that would otherwise be bated on Sunday talk shows; photo- engaged to prevent the potential for discarded. We must require a com- graphs of microscopic blastocysts grace abuse. Anytime we are talking about prehensive informed consent process the cover of our nation’s news maga- the manipulation of life or living tis- establishing a clear separation between zines; and—twice in the last week sues at this early point, there is the po- a potential donor’s primary decision to alone—we have been reminded by those tential for abuse. Thus, I conclude that donate blastocysts for adoption or to on the unregulated medical research embryonic stem cell research and adult discard blastocysts and their subse- frontier that human cloning and the stem cell research should be federally quent option to donate blastocysts for creation of embryos for research is no funded within a carefully regulated, research purposes. Such a process is longer relegated only to the realm of fully transparent, fully accountable modeled on this well established and science fiction. framework that ensures the highest broadly accepted organ and tissue do- Across the country, families are dis- level of respect for the moral signifi- nation process in which I have been so cussing the difficult moral issues that cance of the human embryo, the moral intimately involved over the last 20 are raised by stem cell research around significance of the human blastocyst. years. their kitchen tables. At their offices, There is this unique interplay of this No. 7, limit the number of stem cell co-workers are weighing the potential potentially powerful research—un- lines. I believe we should restrict feder- benefits of stem cell research against charted research—this new evolving ally funded research using embryonic its morality. And many of my col- science with those moral consider- stem cells derived from blastocysts to leagues are personally grappling with ations of life, of health, of healing. a limited number of cell lines. This the difficult decision of how best to ap- That interplay demands this com- does not mean limiting it to research proach these issues. prehensive, publicly accountable over- using stem cells that have already been An explosion of medical and sci- sight structure I propose. derived to date, most of which would entific innovations are producing new I very quickly have addressed this reportedly not be eligible even under treatments and hope for patients suf- issue in a comprehensive way. The rea- the current NIH guidelines that need fering from a wide range of disease. son I am in this Chamber and take this much strengthening. In transplan- This has been accompanied by a new- opportunity to speak is for people to tation, when I remove a heart from an found awareness among policymakers, actually see that the issue is a com- individual and I give it to another indi- and the public, of the potential of bio- plicated issue but one that has to be vidual, that one individual benefits. medical research—an awareness that addressed in a larger framework than With stem cells, it is very different. has spawned an insatiable appetite for just to say: Funding, yes or no. From a stem cell line, you derive the more and faster advances. As a physi- There are basically 10 points I think cells, and that stem cell line can be cian and a researcher, I am honored to we must consider, and I have proposed used for multiple experiments, thou- have played my part in this move- an answer. Again, I don’t know the an- sands of investigations as we go for- ment—helping to foster broad, bipar- swer, and I struggle, like every person, ward. tisan support for increasing funding for No. 8, establish a strong public re- on this particular issue to make sure biomedical research and, specifically, search oversight system. I believe we we have the appropriate moral consid- for the National Institutes of Health should establish an appropriate public erations. But I will outline what my 10 (NIH). points are. oversight mechanism, including a na- No. 1, we should ban embryo creation tional research registry, to ensure the However, we must always remember for research. The creation of human transparent, in-depth monitoring of that science should not be practiced in embryos solely for research purposes federally funded and federally regu- a vacuum. And, with the ever-increas- should be strictly prohibited. lated stem cell research and to pro- ing pace of progress has come new chal- No. 2, we should continue the funding mote high ethical, moral, and quality lenges—posed by a variety of ethical ban on the derivation of embryonic research standards. dilemmas—that have, at times, stem cells. We need to accomplish this No. 9, require ongoing, independent outraced the ability of public policy by strengthening and codifying the scientific and ethical review. We need and we, as legislators, to respond. Yet, current ban on Federal funding for the to establish an ongoing scientific re- I deeply believe that we have an obliga- derivation of embryonic stem cells. view of stem cell research by the Insti- tion to do just that. No. 3, we should ban human cloning. tute of Medicine and create an inde- There are those, I believe, who would We need to prohibit all human cloning pendent Presidential advisory panel to tell us that ‘‘politics’’ should not im- to prevent the creation and the exploi- monitor evolving bioethical issues in pinge on the scientific process. As a tation of life for research purposes. the area of stem cell research. In addi- legislator and a medical researcher, I No. 4, we should increase adult stem tion, we need to require the Secretary can tell you that is not the case. Rath- cell research funding. These adult stem of Health and Human Services to re- er than leaving the progress and the cells, stem cells that are removed from port to Congress annually on the status ethics of science only to be determined an adult, that you can back out in such of Federal grants for stem cell re- by researchers and bioethicists, ‘‘poli- a way that you can capture the poten- search, the number of stem cell lines tics’’ should, and does have, an impor- tial for using them for treatments for created, the results of stem cell re- tant role in deciding what research is various diseases—we should increase search, the number of grant applica- not only scientifically promising but this funding for research on adult stem tions received and awarded, and the also societally acceptable. This role is cells to ensure the pursuit of all prom- amount of Federal funding provided. to determine, as the Washington Post ising areas of stem cell research, on Lastly, No. 10, strengthen and har- noted several years ago and as I have both adult stem cells which occur monize fetal tissue research restric- referred to since, ‘‘is there a line that much later in life and the embryonic tions. Because stem cell research would should not be crossed, even for sci- stem cells which are derived at the 5- be subject to new, stringent Federal re- entific or other gain, and if so, where is or 6-day-old blastocysts. quirements, I believe we must ensure it?’’ No. 5, provide funding for embryonic that informed consent and oversight Moreover, politics and policy plays a stem cell research only from regulations applicable to federally crucial role in guiding and ensuring the blastocysts that would otherwise be funded fetal tissue research be made ethical pursuit of science, as well as re- discarded. We need to allow Federal consistent with these new rules. straining the inclination of science, funding for research using only those During the past several months, rare- left unchecked, to move beyond ethi- embryonic stem cells derived from ly has a week passed without a news- cally acceptable boundaries. That, blastocysts that are left over after in paper story or scientific publication then, is our challenge.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7848 CONGRESSIONAL RECORD — SENATE July 18, 2001 Today we are faced with the issue of they even existed, and inflexible—only voted a significant portion of my time embryonic stem cell (ES) research—re- able to form the cell types for the tis- to address health policy issues as a way search that carries both great promise sue in which they were found. However, to impact patients on a broader scale and great peril. Most of us have been recent news suggests adult stem cells than the one-on-one interaction which made aware, by now, of the tremendous may have more plastic properties than I knew previously. However, this effort potential of embryonic stem cells for previously believed. has remained guided by the same basic therapeutic advances for a variety of Both embryonic and adult stem cell principles that informed my career as a conditions—diabetes, Alzheimer’s dis- research hold tremendous potential for practicing physician and scientist—to ease, Parkinson’s disease, leukemia, a wide range of uses, including clinical improve the lives and health of pa- spinal cord injuries, to name a few. applications of cell-based therapies for tients and deeply respect the dignity of Embryonic stem cells are derived a number of diseases and injuries. This life. from a five to six day old embryo, also research may be useful in providing During the past few months, I have called a blastocyst. By this stage, the scientists a better understanding of the read much of the medical, scientific, embryo has formed two layers: the human cellular growth and differentia- and ethical literature relevant to this inner cell mass which will form the tion process—allowing researchers to debate. I have queried my colleagues in embryo proper and the extra embry- seek out and attempt to treat or pre- the scientific and medical community onic tissues that form the placenta and vent the causes of birth defects and ge- who have first-hand experience with supportive cells. Although these inner netic abnormalities and diseases. It stem cell research, reproductive treat- cells, roughly 20–30 cells, have lost the may also be useful in pharmaceutical ments, and the ethical issues enmeshed ability to form supporting tissues, they development, allowing researchers to in each. I have talked with retain the ability to develop into any grow large numbers of various cell bioethicists. I have reviewed my own cell type found in the body and are con- types in order to test drug effective- professional medical experience for sidered ‘‘pluripotent.’’ Over time and if ness and toxicity. guidance. I have examined federal pub- allowed, they continue to multiply and However, it is important that advo- lic policy precedents involving medical differentiate further, becoming com- cates not over-sell the potential of ei- research. And I have spent a great mitted to specific lineages. It is from ther embryonic or adult stem cell re- amount of time in prayer and reflec- these inner cells found in the blasto- search for medical treatments. This tion on this issue. cyst stage that embryonic stem cells evolving science is relatively new, and As the Senate’s only physician, and are derived. Such pluripotent embry- much basic research remains before we its only medical researcher, I feel com- onic stem cells, when properly isolated can reasonably expect to see clinical pelled to explain to my colleagues and and cultured, appear to contribute to trials and possible treatments. In fact, the American people my views on the all cell types found in the adult and to to date, with the exception of proper public policy approach with re- be capable of indefinite self-renewal. hematopoietic stem cells that have spect to stem cell research. This is a These embryonic stem cells being been used in bone marrow transplan- critically important decision—one that discussed here are obtained from em- tation for many years, none of these cannot be left, as some have suggested, bryos left over following the conclusion sources has yet demonstrated proven only to scientists—and it is vitally im- of in vitro fertilization (IVF). Many of therapeutic applications. portant that each of us is fully aware us have known couples who, because of Some of the challenges that remain of the depth of the scientific, ethical, their inability to have children for both adult and embryonic stem cell and moral issues involved. through natural reproduction, have research include: learning the signals I mention that this issue should not turned to IVF as an alternative. Since that control the differentiation of stem be driven totally by the research com- its introduction to the United States in cells into a desired type; overcoming munity. Nor should it be determined 1981, more than 45,000 babies have been the challenge of immune rejection in solely by National Bioethics Advisory born using IVF procedures. cell transplantation; and establishing Commission (NBAC) commissioners or However, because of the significant consistent, effective methods to cul- by patient advocates. Each of these implantation failure rate involved in ture, isolate, and grow the cells in a stakeholders certainly has its role to infertility treatment, current IVF timely manner that is consistent with play. The NIH has advocated on behalf techniques require couples to create good manufacturing processes. Yet the of what they see as the direction in more embryos than initially needed as hope that they will someday yield which science is heading. The NBAC a sort of insurance policy. Typically, therapies for those suffering from has debated the issue and determined it physicians will obtain roughly 10 eggs. chronic and debilitating and life- worthy of Federal support. And patient Of these eggs, only six to eight will be- threatening diseases is powerful. advocacy groups have rightly worked come fertilized—producing an embryo. In my work as a physician and heart to advance science that could benefit Then, in order to avoid producing mul- and lung transplant surgeon, I have for their particular illnesses. tiple-fetus pregnancies, physicians will years wrestled with decisions involving However, as a researcher, as someone only transfer 2–3 embryos to the uter- life, death, health, and healing. Having who has participated in scores of clin- us. Those not used may be frozen for taken part in hundreds of organ and ical investigations on the transplan- later use or donated for adoption. In tissue transplants, I’ve experienced the tation of human tissues to benefit oth- fact, many couples decide to leave em- ethical dilemmas involved in end-of- ers, I know that this decision cannot be bryos frozen, in case they decide to life care on numerous occasions. I have left to the sole jurisdiction of the sci- have additional children, rather than seen families faced with the most dif- entific community. It is our responsi- beginning the entire process again. ficult decision of saying farewell to a bility as legislators to determine the Adult stem cells, by contrast, are rel- loved one. Yet I have also seen their proper role of our Federal government atively undifferentiated and self-re- selfless acts in the midst of this sad- in this evolving, new research and to newing cells that help repair tissues ness to consent to donate living organs build in appropriate ethical safeguards. harmed by injury, disease, or natural and tissues of their loved ones to ben- After grappling with the issue—sci- cell death. The most widely known and efit the lives of others. entifically, ethically, and morally—I understood example of such a cell is Moreover, having performed surgery believe that both embryonic and adult the hematopoietic stem cell, found in in the early days of heart and lung stem cell research should be federally bone marrow and responsible for the transplantation, I know the powerful funded within a carefully regulated, production of blood cells. Other prom- impact that medical progress has had fully transparent framework that en- ising cell types include neural stem on each of my patients, many of whom sures the highest level of respect for cells and mesenchymal stem cells. are alive today because of the life-sav- the moral significance of the human There have also been publications tout- ing treatments developed through med- embryo. Because the unique inter- ing the potential of stem cells found in ical research. action between this promising but un- human fat tissue as well as umbilical Because of my professional experi- charted new science with the ethical cord blood. Until recently, adult stem ences, I have, during my nearly seven and moral considerations of life is con- cells were considered to be very rare, if years in the United States Senate, de- tinually evolving and presenting new

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7849 challenges, we must ensure a strong, serted. To the contrary, they are se- In this context of life and death deci- comprehensive, publicly accountable verely lacking in appropriate safe- sion-making, physicians remove organs oversight structure that is responsive guards. Nor do any of the present from individuals for the purpose of on an ongoing basis to moral, ethical versions of legislation pending in Con- organ donation based upon the in- and scientific considerations. gress to authorize ES research include formed consent of families after deter- As a legislator, I have been con- sufficient protections. mination of ‘‘brain death,’’ at which sistent in my work to ensure that Therefore, federal funding for stem time the individual is considered to be human life is treated with the utmost cell research should be contingent on dead. However, this decision-making respect and dignity. I am pro-life. My the implementation of a comprehen- process is carefully protected to ensure voting record in the Senate has con- sive, strict new set of safeguards and that the decision to withdraw life sup- sistently reflected my pro-life philos- public accountability governing this port or declare brain death is made en- ophy. In my 6-plus years in the Senate, new, evolving research—to ensure the tirely independent of any consideration I have voted time and time again to progress of this science in a manner re- of obtaining the individual’s organs for preserve human life. For instance, I am spectful of the moral significance of donation. Even though the body and proud to have been a leader in the fight human embryos and the potential of other organs and tissues are tech- to ban the partial-birth abortion proce- stem cell research to improve health. nically alive with the assistance of dure. As a physician, my sole purpose I transplant hearts and lungs. I spent ventilators and other medical devices, has been to preserve and improve the 20 years in both medical training and the brain has ceased to function. When quality of life. engaged in surgery. I am board cer- I removed a heart—or a heart and Throughout my career on the fore- tified in two surgical specialties. I have lungs—other organs were living and front of heart and lung transplan- spent countless hours research and still functioning. Their organs would tation, I have had to face the ethics of publishing this research in peer-re- be used to save the lives of others. If life and death with my patients and viewed medical journals. I was active the family consents following a com- their families. As a surgeon, I have fre- in clinical transplantation. In each prehensive and broadly accepted con- quently removed a heart from one indi- case, families of the donor individual sent process, we permit surgeons to re- vidual whose brain has died and placed has completed a comprehensive in- move living organs from the body of that heart into another patient who formed consent process giving consent the individual. would otherwise die. But this requires to organ donation. I would weekly get The decision to donate the organs of determining when brain death has oc- calls in the middle of the night sum- brain dead individuals is, as it should curred a process that was very con- moning me to the operating room, be, a decision separate from all other troversial when it was first developed where I would come face-to-face with medical decision-making. It is made by just 33 years ago. individuals near death and their griev- informed consent of family to carry A similar dilemma now confronts us ing families. Through these experi- out the intent of the individual. It in the field of embryonic stem cell re- ences, I have seen firsthand the impact meets both ethical and practical re- search, and I have turned to my own that medical progress and techno- quirements. First, it ensures that fami- experience as a transplant surgeon for logical have had in reshaping legal and lies are not faced with this difficult de- wisdom. The question is much like that ethical criteria, and, in turn, I have cision at a time when they are already faced in the early days of organ trans- seen how ethics has shaped the practice struggling with saying good-bye to a plantation—do we remove organs and of medicine. loved one. It ensures that the treating tissue for transplantation and research Historically, death was not particu- physician is not the individual ap- from an individual who is brain dead, larly difficult to determine or define. proaching the family for consent. On a but whose other organs continue to Generally, all vital systems of the very practical, public policy level, it live and function normally? Do we body—respiratory, neurological, and strengthens the organ donation proce- allow research using stem cells derived circulatory—would fail at the same dure by reassuring the public that deci- from blastocysts that could, if im- time and none of these functions could sions of best medical treatment are planted, become a fetus, but which the be prolonged without the maintenance clearly divorced from the consider- parents clearly have determined to dis- of the others. With major technological ations of organ donation. card? I believe this is the proper advances in life support, particularly The example of organ and tissue do- course, but only under the strictest of the development of ventilators, it is nation holds one framework to review regulations to ensure a clear separa- possible to keep some bodily systems in fashioning an approach that both re- tion between the decision of whether to functioning long after others have spects the human embryo and pro- discard excess embryos or donate them ceased. motes this new, evolving research. I be- for adoption and the option to donate Over time, most state laws adopted a lieve that the human embryo is inher- such embryos for research. neurological standard for determining ently valuable and has moral signifi- Scientifically, I consider human em- when death occurs. Thus, it has become cance regardless of whether it will be bryonic stem cell research to be a common, accepted practice that re- implanted in a woman’s uterus or is promising and important line of in- quires that both the cerebral cortex left-over in the colder, artificial set- quiry. I am fully aware and supportive and the brain stem irreversibly cease ting of an infertility clinic. Because an of the advances being made each day to function—this is the so-called embryo holds a high measure regard- using adult stem cells. However, it ‘‘whole brain death’’ standard. There is less of status, that embryo should be seems clear that research using the now broad public support for organ do- afforded a high level of respect. more versatile embryonic stem cells nation upon this basis. But the inter- Because embryonic stem cells appear does have greater potential than re- play of science, ethics, and policy did capable of indefinite self-renewal and search using adult stem cells and may, not come easily. differentiating into all adult cell types, under carefully considered and appro- As we came to no longer face the in- this research has tremendous potential priate conditions, be conducted ethi- evitable simultaneity of systemic fail- to provide new, important cell-based cally. The scientifically prudent course ures, it became necessary to define therapies. for us as policymakers seems to pro- with greater precision which physio- Research using adult stem cells also vide for the pursuit of both embryonic logical systems are indicators of life holds tremendous promise for treating and adult stem cell—research allowing and which are not. In 1968, a Harvard disease, and recent studies have altered researchers in each field to build on the Medical School special committee re- long-held conceptions about the abili- progress of the other. port first urged that brain death be ties and usefulness of adult stem cells. Let me make this clear, however. To used rather than the older definition of However, there appear to be character- say that the research may ethically be irreversible circulatory-respiratory istics—in particular, that they appear conducted is not to say that the guide- failure. This was later embraced by a to have more limited life spans, are lines promulgated by the National In- Presidential Commission in 1981 as a presently more difficult to isolate in stitutes of Health (NIH) are sufficient, recommendation for state legislatures useful quantities, and may not be able as some of my colleagues have as- and courts. to form all cell types—that may limit

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7850 CONGRESSIONAL RECORD — SENATE July 18, 2001 the potential of adult stem cell re- about the opportunity to donate these quiry will produce therapeutic applica- search. However, it does appear that embryos for use in research. tions and that it is therefore scientif- adult stem cells may be able to be ma- Moreover, the NIH regulations should ically premature to limit research to nipulated on a scale previously thought strengthen the informed consent proc- one type of research only. Accordingly, impossible. Moreover, the apparent dif- ess by requiring stronger informed con- in funding ES research, it is important ferentiation limitations placed on sent. And regulations should ensure to see that this is done in a manner adult stem cells may indeed pose an ad- greater oversight and accountability in complementing ongoing AS research so vantage over embryonic stem cells. the derivation process by requiring site that both lines of inquiry are pursued Nonetheless, it appears clear that re- visits of labs where cell lines are de- aggressively and that neither is pur- search using adult stem cells does not rived and prospective approval of line sued to the scientific detriment of the hold the same potential for medical ad- derivations. other. vances as does the use of the more Two, ban embryo creation for re- Six, provide funding for embryonic versatile embryonic stem cells. But, as search: The creation of human embryos stem cell research only from in all research endeavors, what we are solely for research purposes should be blastocysts that would otherwise be considering is the potential for ad- strictly prohibited. discarded: Allow Federal funding for vancements. Scientifically, we will see Last week, researchers announced research using only those embryonic the best advances in both adult and the creation of three ES cell lines de- stem cells derived from blastocysts embryonic research by allowing the rived from embryos created for the ex- that are left over after in vitro fer- two to proceed along parallel tracks, press purpose of research. Limiting fed- tilization (IVF) and would otherwise be fostering valuable collaboration and eral funding to research using embryos discarded. interplay between researchers on each left over after being created for repro- Specifically, the regulations should side. ductive purposes will not prevent the allow the use only of embryos that Some of my colleagues have advo- creation of embryos only for research were created but unused for infertility cated that the guidelines promulgated purposes by unethical researchers. treatment. These may only be donated by the National Institutes of Health Such an action has been nearly univer- from IVF clinics following completion provide a sufficient framework to en- sally decried from all quarters. There- of infertility treatment. Regulations sure that embryonic stem cell research fore, we should include a comprehen- should also include safeguards to pre- can be conducted ethically. I strongly sive ban on the creation of embryos vent unethical creation of embryos in disagree. On the contrary, I find the through IVF for the sole intent of per- excess of clinical need. NIH guidelines lacking in appropriate forming research. Seven, limit number of stem cell safeguards. Three, continue funding ban on deri- lines: Restrict federally funded re- Therefore, Federal funding for stem vation: Strengthen and codify the cur- search using embryonic stem cells de- cell research should be contingent on rent ban on federal funding for the der- rived from blastocysts to a limited the implementation of a strict new set ivation of embryonic stem cells. number of cell lines. In addition, au- of safeguards and public accountability While we find it important to sci- thorize Federal funding for stem cell governing this new, evolving research. entific research and ethically accept- research for five years to assure ongo- The following 10 points are essential able that limited and strictly regulated ing Congressional oversight. components of a comprehensive frame- ES research proceed, this does not Limiting the number of cell lines work that allows stem cell research to mean that federal funds should be used would allow Federal funding to progress in a manner respectful of the in the derivation of ES cells. Rather, a jumpstart the research into the basic moral significance of human embryos continued ban on federal funding for properties of ES cells for more in-depth and the potential of stem cell research the derivation of ES cells is a right and discovery of the capabilities, short- to improve health. proper indication and acknowledgment falls, and properties of these cells, One, require a rigorous informed con- that the American people are con- while respecting the ethical sensitivity sent process: To ensure that flicted on the ethical and moral pro- of the research to the American people. blastocysts used for stem cell research priety of this issue and do not feel that Moreover, numerous researchers have are only those that would otherwise be the proper use of federal funds is in the expressed concern that, because exist- discarded, require a comprehensive in- derivation process. ing embryonic stem cell lines would formed consent process establishing a Four, ban human cloning: Prohibit not be in accord with the present clear separation between potential do- all human cloning to prevent the cre- guidelines and regulations laid down by nors’ primary decision to donate ation and exploitation of life for re- NIH, additional cell lines will have to blastocysts for adoption or to discard search purposes. be created. By limiting the creation of blastocysts and their subsequent op- Ban all uses of human cloning. Most cell lines, the research will go forward, tion to donate blastocysts for research are agreed in their opposition to repro- but under strong restrictions. purposes. Such a process, modeled in ductive cloning. It is important, how- Eight, establish a strong public re- part on well-established and broadly ever, to also ban non-reproductive or search oversight system: Establish ap- accepted organ and tissue donation research cloning both for the practical, propriate public oversight mechanisms, practices, will ensure that donors are implementation reason of making it including a national research registry, fully informed of all of their options. more likely that such a ban on repro- to ensure the transparent, in-depth As with organ and tissue donation, ductive cloning will be successful as monitoring of federally funded and fed- we must first ensure that health care well as for the broader moral reasons erally regulated stem cell research and providers make no mention of the op- shared by the majority of the Amer- to promote ethical, high quality re- tion to donate excess embryos until ican people that human embryos search standards. completion of infertility treatment and should not be created for the purpose of A national research registry would the decision has been made independ- research and exploitation. serve as a holding and distribution fa- ently by both members of a couple to Five, increase adult stem cell re- cility that would provide another level discard embryos remaining in frozen search funding: Increase federal fund- of Federal oversight and control in the storage at the clinic. Once that deci- ing for research on adult stem cells to process. The registry would also be sion has been made, the destiny of the ensure the pursuit of all promising able to serve an important role of embryos is certain. When couples make areas of stem cell research. tracking the progress of this research this decision and authorize a clinic to Although not presently as scientif- as well as providing a strong oversight discard the embryos, it is clear that ically promising as ES research, AS re- mechanism to track the research and the embryos will be dead within a short search has seen many advancements in its attention to public regulations. time frame. Only after both members recent years and holds important po- Nine, require ongoing, independent of a couple have made a firm decision tential for treating disease and injury. scientific and ethical review: Establish to discard these additional embryos Many scientists have noted that not an ongoing scientific review of stem should health care providers or re- enough science has been completed to cell research by the Institute of Medi- searchers be allowed to approach them determine which of the two lines of in- cine (IOM) and create an independent

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7851 Presidential advisory panel to monitor icans. This framework provides that I disagree with that. I think it is the evolving bioethical issues in the area firm ethical foundation instilling con- highest priority for the Senate, and I of stem cell research. In addition, re- fidence in comprehensive and trans- urge the majority to let us debate an quire the Secretary of Health and parent oversight ensuring that such re- energy policy. It is time that we have Human Services to report to Congress search is conducted with close atten- a long-term strategy. We know from annually on the status of Federal tion to the difficult ethical and moral what is happening in California right grants for stem cell research, the num- issues involved. now, where the energy shortage has hit ber of stem cell lines created, the re- We must define the role of the Fed- very hard the people of California and sults of stem cell research, the number eral Government in harnessing this the economy of California, that we of grant applications received and technology for good. Our task as citi- can’t wait and try to do something awarded, and the amount of Federal zens is to exercise responsible steward- quickly because quickly doesn’t work funding provided. ship of the precious gift of life. This ef- when you are dealing with something Stem cell research is so significant fort represents a first step in this proc- that is so long range. both ethically and scientifically, that ess. For instance, one of California’s big continued Congressional oversight is Mr. President, I look forward to con- problems is they don’t have a distribu- important. All of this research should tinued participation in this dialog on tion system. They have a shortage. be the subject of ongoing scientific and embryonic and adult stem cell re- Even if they could get the energy into ethical review. search. their State, they don’t have an ade- Ten, harmonize restrictions on fetal The PRESIDING OFFICER. The Sen- quate distribution system. tissue research: Because stem cell re- ator from Texas. President Bush has put forward an search would be subject to new, strin- Mrs. HUTCHISON. Mr. President, I energy policy that would address long gent Federal requirements, ensure that ask the Senator from Tennessee if he term some of these issues. As our econ- informed consent and oversight regula- needs further time to finish his state- omy is growing, they are going to be- tions applicable to federally funded ment. His statement was very thought- come even more acute. fetal tissue research are consistent ful, and this is a crucial issue facing The Congress also has put forward a with these new rules. our country. If he would require added plan. Senator MURKOWSKI has been a These principles provide for an appro- time, I would be happy to yield. leader in this effort, as past chairman priate amount of research using human Mr. FRIST. Mr. President, I appre- of the Energy Committee. We need to embryonic stem cells but ensure that ciate the offer of the Senator from be able to debate these issues and see such research is not conducted to the Texas. I believe my statement will where our country is going. detriment of research utilizing adult complete my thoughts. I do look for- The interesting thing is, our country stem cells. They balance the desire to ward to continued participation of all is going to increase its oil consumption move this research forward on a great- of us. She and I were both in a hearing by 33 percent in the next 10 years. It is er scale with the imperative to main- a few minutes ago talking about this expected that our foreign oil imports tain the highest level of oversight to very issue. will go from 55 percent to 67 percent by prevent abuses and the importance of Mrs. HUTCHISON. Mr. President, I the year 2020. continuing Federal oversight as this appreciate very much what Senator Natural gas consumption will in- research advances. FRIST, who is the only physician in the crease by 50 percent. Demand for elec- These 10 principles help answer the Senate, is contributing to the issue of tricity will rise 45 percent in the next question I posed earlier: ‘‘Is there a stem cell use for research purposes. We 20 years. We cannot sit on antiquated, line that should not be crossed even for have just spent several hours in a hear- unreliable, and inadequate distribution scientific or other gain?’’ The clear re- ing learning from scientists and many systems if we are going to be able to sponse is ‘‘Yes.’’ It is clear to me that others about the differing viewpoints keep our economy strong, to keep the the creation of human embryos for re- on the need for the use of stem cells for businesses going, to keep the jobs in search purposes should not be under- research into many diseases where it is America, and so consumers have good taken, regardless of the potential for hoped we can find an answer through and adequate sources of energy. We scientific gain. It is clear to me that the use of these embryonic stem cells. must address this policy. the use of human cloning should be The debate is valid. I call on the majority to make this a strictly prohibited to prevent the Senator FRIST has pointed out some priority. Yes, appropriations bills are commoditization and exploitation of of the legitimate ethical questions. I important, but that does not address human life. It is clear that the present hope we can move forward in a way the long-term needs of our country. restriction on the use of Federal funds that does increase the ability to use What would a good energy policy en- for the derivation should be main- these types of stem cells and cord blood tail? It would entail modernization and tained and strengthened to reflect the for looking into the causes and, more expansion of our energy infrastructure. concerns of the American people. importantly, even the treatment of That is the distribution system. We I know that many people with deeply some of the cancers and diseases, such need more pipelines. We need more held views on this issue will disagree as Alzheimer’s, Parkinson’s disease, powerplants. We need to be able to get with some portion of the position I multiple myeloma, many forms of can- the electricity into the homes and have outlined today. Others may at- cer where there is great hope that we businesses of our country. tempt to divorce certain of these issues might have treatment that would allow We must have diversification of our from consideration of the others. people to live healthy lives, normal energy supplies. I have been trying for This should not be done. The fact is lives, with this kind of treatment, even 3 years, with support across the aisle, that these issues—of stem cell re- though they have these diseases. very bipartisan, for tax credits for search, the creation of embryos, human I thank the Senator from Tennessee small drillers, people who drill 15-bar- cloning, public restrictions on the for his thoughtful contribution to this rel-a-day wells. When prices go below scope of research broadly are all pieces debate. $18 a barrel, those people cannot stay of a larger whole. f in business. Yet all of those little bitty By pursuing the policy framework I producers together can produce 500,000 have laid out today, we can help set ENERGY AND WATER DEVELOP- barrels of oil a day, the same amount the stage for groundbreaking research MENT APPROPRIATIONS ACT, we import from Saudi Arabia. But they with the potential to help untold mil- 2002—Continued can’t stay in business when prices fall lions of Americans and individuals Mrs. HUTCHISON. Mr. President, I to $18, $17, $16 a barrel. We had $9-a- worldwide. We will have laid a firm rise to talk about the Nation’s lack of barrel oil just 2 and 3 years ago, and foundation for that research to suc- an energy policy. Many have spoken those people went out of business. They ceed—a foundation without which the earlier today about the fact that we kept their wells, and they will never be goal of seeing treatments through em- have not taken up an energy policy for able to reopen their wells because they bryonic stem cell research will falter our country. It doesn’t seem to be a are too small. The margins are too on the fears and uncertainties of Amer- priority for the Senate. thin.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7852 CONGRESSIONAL RECORD — SENATE July 18, 2001 We want to encourage our small pro- Clean burning coal—it seems as if technology for nuclear waste. The ad- ducers of oil and gas by saying there sometimes when I hear people talking ministration has also said we need to, will be a leveling off and a stabilizing about oil, gas, and coal, they are talk- perhaps, look at reprocessing or other when prices go so low that you can’t ing about technology 50 years ago, not alternatives for disposing of the waste, break even. It is the same thing we do today. When you talk about drilling at other than just burying it in a moun- for farmers. When crop prices fall ANWR, you are talking about a little tain. Doing that is the worst thing we below break even—we value having part of a vast area. It is the size of Dul- can do instead of unlocking this un- farmers make the food for our coun- les Airport and the State of South tapped energy from these partially try—we stabilize the prices. If we don’t Carolina. That is what ANWR in Alas- spent nuclear fuel rods buried in the open markets for our farmers, we give ka is the size of—South Carolina. What mountain—just putting it in there; it them subsidies so they can stay in you would need to drill, because of the is a very valuable resource. I believe it business so they won’t have to sell the new technology, is the area the size of would be nuclear waste at that point family farm to a real estate developer. Dulles Airport because the new tech- because we would be wasting a valuable That is the same concept we need for nology allows you to go underground resource. the smallest energy producers, so we and drill without putting an oil well in What we should do instead of trying can keep the jobs in America, not send every place. to build Yucca Mountain—the rate- them overseas, and so we can keep the We have new technology in coal. You payers from around the country have prices at a stable level so that the lit- can now have coal extraction with been paying into this fund. They say: tle guys can stay in business and keep technology that does not disrupt the Since we have been building this thing their employees employed when prices environment. We need to talk about at $7 billion, we think the Federal Gov- go below a break even. the new technology, not the old tech- ernment should take the waste out This has been supported by Demo- nology, and we need to discuss an en- there and finish the job. The problem crats and Republicans. We have actu- ergy policy for this country. I think we with that is that Yucca Mountain, ac- ally passed it. It has been in other leg- can get a bipartisan agreement on the cording to the GAO, is going to cost islation that has been vetoed pre- three prongs of a good energy policy— somewhere around $58 billion, and most viously. I believe President Bush will self-sufficiency of production and di- people expect that number to go up sign a bill that includes this kind of versification and jobs in our country, much further than that. It will be the tax incentive if we can pass a bill that conservation and incentives to con- most expensive construction project in is balanced, a bill that will give our serve, and an infrastructure that gets the history of the world. country a long-term energy policy to the product from business to consumer This construction project will be which we can work for energy suffi- in a safe and efficient way. But we borne not just by the ratepayers when ciency for our country. can’t come to a conclusion if we don’t it gets up to those kinds of numbers We must modernize our conservation bring it up. but by the taxpayers of the United and efficient energy use programs. I am So I call on the majority to make States. It is a waste of the taxpayers’ going to introduce an amendment, if this a priority and to say our energy dollars to bury a valuable resource in a we ever make energy policy a priority, policy is one of the areas that we must mountain in the middle of the desert that will give incentives to people who address before Congress goes out in Au- instead of recycling this fuel that is a buy cars that have more gasoline mile- gust, and if we don’t, we are not doing non-greenhouse-producing fuel when age efficiency. It may be a $250 credit if the job for the people of this country we do it. you buy a car that has a 25-mile-per- and for the long-term future of this The junior Senator from Texas just gallon efficiency level. These are the country that we were sent here to do. talked about the energy problems we kinds of things that will encourage I yield the floor. have in this country. Let’s not bury a people to conserve energy so that it The PRESIDING OFFICER. The Sen- valuable resource. Let’s look at recy- will be more available. ator from Nevada is recognized. cling technology to use this resource. A good energy policy has three Mr. ENSIGN. Mr. President, I rise to I also add that there is no hurry. Peo- prongs. It has consumption energy effi- discuss the provision that funds Yucca ple say they are running out of room at ciency as one leg of the stool, and we Mountain in this appropriations bill. these nuclear plants around the coun- should make sure that we have an in- The senior Senator from Nevada has try. In one sense, that is true. The centive that encourages that kind of cut the funding that the President has cooling pools in which these partially energy consumption efficiency, and requested, but Yucca Mountain is still spent nuclear fuel rods are sitting hopefully education so that people will being funded at somewhere around $275 today are being filled up, but the easy want to do the right thing. million. Anybody who has been out to solution to that is to take them out of Secondly, we need diversification of Yucca Mountain will see that they the cooling pools and put them in what our energy supplies. We need more oil have spent a tremendous amount of are called dry cask canisters. That is and gas. We need nuclear power that is money out there, to the tune of a little being done in several places around the safe and clean. We need to have more over $7 billion to this point. Most of country even as we speak. It is a cheap- dependence on our own resources rath- the time people in this body are saying: er thing to do, and it is also a better er than depending on foreign imports. Send more money to our State; build thing to do. By the way, dry cask stor- We cannot be a secure country if 67 us more projects because they create age is safe, by all estimates, for a con- percent of our energy needs are im- economic opportunities. ported, not to mention what that does But both Senators from Nevada, and servative 100 years. That gives our to the jobs that go overseas rather the majority of the people in Nevada, country time to look into these new than staying in America. believe that the Yucca Mountain technologies about recycling. The third part of a good energy pol- project is misguided. We feel this way I suggest that the people who are icy is expanding the infrastructure, for many reasons. One is, we believe it supporting taking nuclear waste to the making sure we have the ability to ef- is not meeting the safety requirements State of Nevada should look at these ficiently and safely get the energy into that are necessary to have a permanent new technologies and focus our re- the businesses and into the homes. repository. sources there, instead of trying to put I think it is high time—it is beyond Secondly, nuclear waste rods are more money into really what is becom- time—that we should address the en- really not just nuclear waste; they are ing a white elephant out in the State of ergy crisis in this country. The average partially spent nuclear fuel rods. They Nevada. price of gasoline is about $1.50 now. have a lot of valuable energy still in I yield the floor. That is down from what it was, but it them. Mr. REID. Mr. President, I suggest is not great; we can do a whole lot bet- I applaud, first of all, Senator the absence of a quorum. ter. We can make the price of gasoline DOMENICI, for putting into this bill re- The PRESIDING OFFICER. The less if we have stability and if we have search money for accelerated tech- clerk will call the roll. our own resources developed in our nology for something called trans- The bill clerk proceeded to call the country. mutation, which is a modern recycling roll.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7853 Mr. DOMENICI. Mr. President, I ask Mr. DURBIN. Mr. President, I rise owned by Americans—lands owned by unanimous consent the order for the today to call attention to one of the taxpayers. Too many times the people quorum call be rescinded. issues we face in protecting our water, who come into these lands mine them The PRESIDING OFFICER (Mr. our taxpayers, and our public lands. I for profit, making rather substantial WYDEN). Without objection, it is so or- am talking about the need to strength- profits in the process, pay little or dered. en environmental mining regulations nothing to the Federal Government for Mr. REID. Mr. President, I ask unan- or so-called 3809 regulations. that right, and leave a mess to be imous consent that the list of amend- These regulations protect lands man- cleaned up afterwards. When they leave ments which I will send to the desk be aged by the Bureau of Land Manage- that mess, the taxpayers have lost the only first-degree amendments in ment from the impacts of mining for twice: First, when public lands have order to the bill, and that they be sub- minerals such as gold and copper. Ear- been exploited for profit; and, second, ject to relevant second-degree amend- lier this year, the Clinton administra- when those despoiled lands remain for ments. tion made long overdue revisions to the the taxpayers to clean up. The PRESIDING OFFICER. Is there regulations after years of public com- To the administration’s credit, they objection? ments, congressional hearings, and re- have acknowledged the importance of Without objection, it is so ordered. ports and evaluations. strengthening the financial require- The list is as follows: Despite the thorough input, the De- ments. But 33 percent was a failing Biden, proliferation accounts; partment of the Interior announced in grade where I went to school. Bingaman, relevant; March that they were going to roll I recognize the need for a healthy Byrd, relevant, relevant to any on list; back the updated 3809 regulations. mining industry. Under stronger min- Conrad, Upper Great Plains; What they were really rolling back are Corzine, relevant; ing regulations we will have a healthy, Daschle, relevant, relevant to any on list, stronger protections for our environ- environmentally responsible mining in- relevant to any on list; ment and public health. dustry that does not sacrifice the in- Dorgan, transmission constraints; My colleagues in the House recog- terest of communities for the interest Edwards, section 933 study; nized the importance of maintaining of profit. Feinstein, 2 relevant; strong environmental mining regula- Graham, 10 relevant; As my colleagues prepare to con- tions. With bipartisan support, the ference on the Interior appropriations Harkin, National Ignition Facility, Mad House voted to prohibit the adminis- Creek; bill, I urge them to support the hard Hollings, plutonium disposition; tration from overturning the updated rock mining language as it passed in Johnson, mid-Dakota rural water, James regulations. I fully support the House the House. River Project; in their effort and hope the Senate will Mr. REID. Mr. President, there is no Landrieu, Port of Iberia; accept the House language in con- Levin, 2 relevant; question that we have to do something ference. about the bonding of hard rock mines. Reed, FERC ISO; Let me clarify the three major issues Reid, relevant, relevant to any on list, It has caused problems recently in Ne- at risk. manager’s amendment, relevant to any on vada. The largest mining company in list; First, the new rules would direct mining operators to protect water the world that has significant oper- Sarbanes, Chesapeake Bay shoreline; ations in Nevada is the Newmont Min- Torricelli, Green Brook Basin, naviga- quality. This is a serious problem for tional servitude, relevant; the hardrock mining industry. Just ing Company. The Newmont Mining Wyden, 2 Savage Rapid Dam. last May, the U.S. Environmental Pro- Company is considering discontinuing Bond, 2 relevant; tection Agency recognized the industry the use of corporate guarantees. That G. Smith, clarifying BPA borrowing au- as the Nation’s largest toxic polluter. is the way it should be. They are set- thority; Klamath; The Bureau of Mines estimated that ting the example for the rest of the in- Kyl, Lower Colorado River Basin Develop- dustry in saying corporate bonds sim- ment Fund; 12,000 miles of streams are polluted by Allard No. 998, reduce funding in the bill by hard rock mining. ply may not work. 1 percent; Second, the old rules were not inter- As I told my friend from Illinois, we Collins, Camp Ellis Beach, relevant; preted to allow land managers to deny need to be vigilant and do everything Gramm, appropriation for Paul Coverdell, mining operations in environmentally we can to change this hard rock mining relevant; relevant to list; or culturally sensitive areas. The up- bonding so that when mining oper- Stevens, research; 2 relevant; ations are complete there are adequate Chafee, Estuary Restoration Act, relevant; dated regulations would allow the BLM Craig, Arrow Rock Dam, Lava Hot Springs, to deny mining operations that would resources to follow through and make Yucca Mountain; endanger towns or national parks. sure they complete appropriate rec- Bunning, Paducah Plant; Of course, the mining industry is op- lamation. B. Smith, 4 Army Corp; posed to any authority that would cur- Mr. DURBIN. Mr. President, I thank Nickles, 2 relevant, 2 relevant to list; tail mining operations. Based on their the Senator from Nevada. I think it is T. Hutchinson, relevant; perfectly reasonable, if someone is Inhofe, relevant; strong opposition one would think that Lott, 4 relevant, 2 relevant to list; every mining operation will be banned. going to come along on the public Domenici, 2 relevant, 2 relevant to list, But the BLM has publicly and re- lands owned by the taxpayers of this Technical, Dept of Energy, FERC, NNSA; peated stated that they would ‘‘rarely country and mine for profit, they Crapo, advance test reactor; invoke’’ this authority. And before should at least post a bond so if they Murkowski, DOE workforce, Yucca Moun- they would ever use this authority should leave that land despoiled where tain, Price Anderson, Iraq, 4 relevant; they would provide full opportunities there is a need for environmental Warner, relevant; Kyl, Indian water rights; for evaluation and public comment. cleanup there is money to do it and the Roberts, Army Corps; This provision is not about shutting taxpayers don’t end up footing the bill. Thomas, relevant, Snake River; down mining businesses. I recognize The House version of this appropria- Craig/Burns, Bonneville borrowing author- that they have a role to play in our tions bill contains that provision. ity. economy. This provision is about re- Hopefully, the chairman of the com- Mr. REID. I suggest the absence of a sponsible hardrock mining and respon- mittee, the Senator from Nevada, will quorum. sible business practices. do everything in his power to make The PRESIDING OFFICER. The Third, the old regulations too often sure it is included as part of the con- clerk will call the roll. allowed mining companies to declare ference. The senior assistant bill clerk pro- bankruptcy after they finished mining, I suggest the absence of a quorum. ceeded to call the roll. leaving taxpayers to pay for the clean- The PRESIDING OFFICER. The Mr. DURBIN. Mr. President, I ask up. Independent reports show that tax- clerk will call the roll. unanimous consent that the order for payers have a potential liability in ex- The bill clerk proceeded to call the the quorum call be rescinded. cess of $1 billion for cleanup costs at roll. The PRESIDING OFFICER (Mr. current hardrock mining operations. Mr. BOND. Mr. President, I ask unan- CORZINE). Without objection, it is so or- Keep in mind that these mining oper- imous consent that the order for the dered. ations are taking place on public lands quorum call be rescinded.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7854 CONGRESSIONAL RECORD — SENATE July 18, 2001 The PRESIDING OFFICER. Without hope that we would stop the disappear- that their needs are necessarily subor- objection, it is so ordered. ance of endangered species and help re- dinate to what the Fish and Wildlife AMENDMENT NO. 1013 cover them. My purpose here today, Service said is the only way the pallid Mr. BOND. Mr. President, now that along with my bipartisan colleagues, is sturgeon can be saved. our distinguished majority leader is to assure that the multiple uses of the Unfortunately, what the Fish and here, I send to the desk an amendment Missouri River may be pursued. Wildlife Service says goes. And then to on behalf of myself, Senators CARNA- As so many of my colleagues, I was a add insult to injury, after imposing HAN, GRASSLEY, and HARKIN, and ask great fan of the work by Stephen Am- their plan on the Corps of Engineers, for its immediate consideration. brose, ‘‘Undaunted Courage.’’ I had a the Corps of Engineers has to put the The PRESIDING OFFICER. The great-great-grandfather who was one of States and the citizens through the clerk will report. the laborers who pulled the boats up hoax—I say hoax advisedly—of a public The assistant legislative clerk read the Missouri River. I find it fas- comment period that is irrelevant to as follows: cinating. It was truly a remarkable the Fish and Wildlife Service that has, The Senator from Missouri [Mr. BOND], for chapter in our Nation’s history. in the past, demonstrated it will use its himself, Mrs. CARNAHAN, Mr. GRASSLEY, and That chapter has come and gone and dictatorial power under the Endan- Mr. HARKIN, proposes an amendment num- people have moved in and live and farm gered Species Act not just to put peo- bered 1013. by the river. They are dependent upon ple out of business and increase dam- Mr. BOND. Mr. President, I ask unan- the river for water supply, water dis- age to private property but to threaten imous consent that reading of the posal, hydropower, transportation, and, human safety of urban and rural com- amendment be dispensed with. yes, in the upstream States, for recre- munities where there will be greater The PRESIDING OFFICER. Without ation. risk of flood and flood damage. objection, it is so ordered. While we have had continuing discus- This amendment on behalf of my col- The amendment is as follows: sions throughout my career serving the leagues gives the Corps of Engineers (Purpose: To impose additional conditions on State of Missouri over the proper uses the opportunity to propose alternative the consideration of revisions to the Mis- of the river water between upstream species recovery measures that help souri River Master Water Control Manual) and downstream States, I continue to fish and don’t hurt people. It requires On page 11, at the end of line 16, add the assure my colleagues in the upstream the continuation of public input and di- following: ‘‘During consideration of revisions States that if there are things we can rects that the Corps preserve the other to the manual in fiscal year 2002, the Sec- do to help improve the recreational as- authorized purposes for the Missouri retary may consider and propose alter- pects of the impoundments on the river River. natives for achieving species recovery other above the dams, I would be more than The current Fish and Wildlife Service than the alternatives specifically prescribed by the United States Fish and Wildlife Serv- happy to do so. proposal, which they offered as a dic- ice in the biological opinion of the Service. This amendment—very short, very tate to the Corps of Engineers last The Secretary shall consider the views of simple—says, simply put, that the Sec- July, saying you have 7 days to imple- other Federal agencies, non-Federal agen- retary, meaning the Secretary of the ment this plan that will flood Missouri cies, and individuals to ensure that other Army, who is the ultimate responsible and downstream States in the spring, congressionally authorized purposes are official, may consider and propose al- is not some new proposal that just maintained.’’. ternatives for achieving species recov- needs a little public sunlight to be Mr. BOND. Mr. President, this is part ery other than the alternatives specifi- fashioned into something that is sen- of a continuing effort to prevent the cally prescribed by the U.S. Fish and sible. U.S. Fish and Wildlife Service from ad- Wildlife Service in the biological opin- It represents the ‘‘my way or the vancing what we believe is a very ill- ion of the Service. highway’’ approach to regulatory en- conceived directive to increase spring- In other words, they have already forcement and the reincarnation of time releases of water from Missouri proposed one thing, controlled spring what has previously been rejected by River upstream dams in an experiment floods. The Secretary may also propose the people and the States involved. to see if a controlled flood may im- other alternatives. This doesn’t say A spring rise and low flow period was prove the breeding habit of the pallid that he has to; it says that he can do proposed by Fish and Wildlife through sturgeon. it. He may do it. It mandates that the the Corps of Engineers in 1994. It was House language was added to prevent Secretary shall consider the views of subjected to 6 months of public com- implementation of the ‘‘controlled other Federal agencies, non-Federal ment, and it was ridiculed at public fo- flood’’ during consideration in the agencies, and individuals to ensure rums from Omaha to Kansas City to House Committee on Appropriations. that other congressionally authorized St. Louis to Memphis to Quincy to New The majority leader has entered an purposes are maintained. Orleans to Onawa, IA, and elsewhere. amendment, which we appreciate, in This amendment simply says, we en- This is what the people of the heart- this bill which says no decision on final acted a number of different objectives land of America said about the spring disposition of the Missouri River man- for the Missouri River. Mr. Secretary, rise. I have a bad hand, and I can only ual should be made this year. I thank when you select an option, you have to lift a third of the transcripts at a time, him for that. That is one step in the take into consideration all of these but these are the comments that the right direction. specific congressionally authorized ob- Corps of Engineers received in 1994. This, however, goes beyond and jectives. Guess what. They didn’t think much of makes clear there is a broader policy I believe—and it makes a great deal the plan then for spring rise. involved. Rather than let the Fish and of sense—that the Federal Government President Clinton’s Secretary of Ag- Wildlife Service dictate national prior- should prevent floods, not cause them. riculture and his Secretary of Trans- ities to the Congress, the administra- It should be providing more safe and ef- portation criticized the plan in writing. tion, the States, and the people, I be- ficient transportation options, not mo- The plan was then shelved by the Clin- lieve the elected officials in Congress nopolies for railroads. It should not be ton administration because of public need to weigh in to protect human curtailing energy production from an opinion. They had their public com- safety, property, and jobs. In sum, we environmentally clean source of en- ment. People did weigh in, and they ought to be able to do several things at ergy, water power, during peak sum- said this is a disaster. The Clinton ad- once. mer periods of demand during an en- ministration withdrew it. The authorizing legislation for the ergy crisis. However, that plan was subsequently dams and other structures on the Mis- People in our State of Missouri can- resurrected by the Fish and Wildlife souri River says that they should be to not believe that we need to have this Service, using the force of the so-called prevent floods, to enhance transpor- debate. They cannot believe that the consultation process sufficient to im- tation, provide hydropower, and to fa- Endangered Species Act does not have pose its will on the people in the cilitate recreation. Subsequent to enough flexibility in it to permit States. those enacting statutes, the Endan- human safety and economic security to In other words, the Fish and Wildlife gered Species Act was adopted with the be considered. They cannot believe Service failed to convince the public

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7855 and the States of the wisdom of their ing out our ears. After the floods, we Other forms of transportation do plan, as represented by these com- should have had little pallid sturgeons raise rates when competition is not ments, so they decided to force their all over the place. present. According to the Tennessee plan by putting a gun to the head of The second part of the Fish and Wild- Valley Authority, which did a study, the Corps. life plan is an artificially low summer higher shipping costs would add up to If the Fish and Wildlife Service cared flow, which inverts the historical nat- as much as $200 million annually to about the views of the States and the ural hydrograph. For those who may be farmers and other shippers in Missouri, public opinion of those who live in and a little concerned about the terms, South Dakota, and all the States in be- around the basin and depend upon the that means the river ‘‘ain’t’’ flowing tween, not including the Lower Mis- Missouri River, we would not be here like it used to flow before dams. The sissippi River States. A shipper from today. There is very little hope that natural hydrograph is to have more the Omaha, NE, region told my office they would care about next year’s com- water in the summer during the that he secures railroad rates of less ments than they care about the com- snowmelts in the upper basin. This nat- than $25 per ton when they go up to ments people took pains to make in ural pattern would be turned on its Sioux City, where the river provides 1994 because they simply don’t have to. head if you had the releases in the competition, but when he ships up to The Fish and Wildlife Service gets to spring and then low flows during the Sioux Falls, where the river doesn’t go, do what it wants because while they summer. It starves the hydropower where river transportation is not avail- are required to allow public comment, generators of capacity during peak pe- able, then rates double. they are not required to listen. And I riods of energy demand, driving up the I am pleased and proud to say there guarantee you, when it comes to this rates for customers, driving up the are many ongoing programs and prac- plan, they have not listened. rates for Native American tribes and tices to improve Missouri River habi- This process, as previously orches- other citizens in rural areas. tat. I have listened to the discussions According to data from the Western trated, is more rigged than a WWF that relate to this matter over the Area Power Administration, ‘‘Risk championship match. But for my citi- years, and there is some presumption analysis including river thermal power- zens, the price of admission is the cost that only the Federal Government plants: Both capacity and energy losses of losing a planning season, a levee, an should do something about it. That is increase exponentially as the summer export opportunity, a flood, and maybe false. There is that overtone, since Mis- even the loss of a life. flow decreases in July.’’ That means that when you cut the souri strongly opposes the Federal Fish Some may tell you that the Govern- and Wildlife plan—on a bipartisan ment can control this proposed flood. I waterflow during the summer in peak cooling seasons, you get much greater basis, I might add—we aren’t as dedi- know they wish that were the case. But than a straight line loss in capacity cated to fish and wildlife as some of wishes are not going to provide accu- and energy production. The line our friends in the Dakotas, or Montana rate weather forecasts in the tempera- doesn’t go down like this; it goes up maybe. mental heartland spring. Unless some- like that. That is what happens to Well, Mr. President, no State in the one in the Corps can forecast weather power production when you reduce basin dedicates as much money as Mis- accurately 5 to 10 days to 2 weeks in summer flows. souri does to fish and wildlife conserva- advance, there will be accidents, people The plan does call for continued pro- tion measures. Most States just take will be hurt, and it will be because the duction of energy, just not when people payments from the Pittman-Robertson U.S. Government decided to risk their need it. The middle part of the summer and the Wallop-Breaux and licensing safety for an experiment. When the is when air-conditioning rates are the revenue. Some States have appropria- Government releases pulses of water highest and when there is the greatest tions from their general fund. from the dams, that water can’t be drain on electricity. Unless we no The citizens of Missouri have im- brought back; it is not retrievable. It longer care about clean energy options, posed upon themselves by referendum a takes 5 days to get to Kansas City, 10 then we should not be taking delib- State sales tax for conservation. That days to get to St. Louis, and further erate steps to increase the cost of has enabled Missouri to spend as much down the river, even longer. power. as California on fish and wildlife. This On average, the river never floods. In Additionally, let me point out for our year that total will be $140 million. the real world, though, it isn’t the southern neighbors that low summer Our State conservation tax has en- averages that hurt us but the extremes. flows provide inadequate water to con- abled Missouri to spend twice as much I understand that a lot of people have tinue water commerce on the Missouri as Florida, 11 times more than Massa- drowned in lakes that average only 3 River and during very low water peri- chusetts, 11 times more than Vermont, feet deep. With downstream tributary ods on the Mississippi River. During 9 times more than Nevada, and 3 times flow, we already have a natural ‘‘spring the drought years, up to 65 percent of more than Illinois. rise’’ every time it rains, and when the flow in the Mississippi River below According to the latest data from the that happens, a ‘‘pulse’’ released days St. Louis comes from the Missouri Wildlife Conservation Fund of Amer- before is a tragic gift courtesy of the River. ica, Missouri spends roughly 50 percent Federal Government. Water commerce is important for an- more on fish and wildlife than the Da- Just 6 weeks ago, following a series other reason. One medium-sized 15- kotas and Montana combined. Missouri of low pressure systems in the basin, in barge tow can carry the same amount spends 5 times more than South Da- less than 5 days gauging stations in of grain—usually going to the export kota on fish and wildlife, and 10 times Missouri went from below normal stage markets—as 870 trucks. This one me- more than North Dakota. to flood stage. Right in the heart of our dium-sized tow is much better for safe- Almost all States raise money from State, in Herman, MO, the streamflow ty, clean air, fuel efficiency, highway hunting and fishing licenses and all increased from 85,000 cubic feet per sec- congestion, and the competitiveness of States get Federal money. If you go be- ond to 250,000 cubic feet per second in 5 our shippers in the international mar- yond those sources, the difference be- days. That is almost a threefold in- ketplace than putting 870 trucks on the tween what Missouri citizens have set crease in the amount of water coming highway through congested metropoli- aside for fish and wildlife compared to down that river. tan areas. Water commerce for our our upstream neighbors, the numbers Now, neither the people of Herman farmers, shippers, and exporters is a are staggering. In the latest years, the nor the Corps of Engineers expected necessary insurance policy against figures available to me, Missouri dedi- this dramatic tripling of the flows, but high rates that occur when the absence cated 60 times more from State taxes it shows the danger of intentionally in- of competition leaves shippers to the in the general fund than South Dakota, creasing those flows during the spring mercy of transportation monopolies. A for example. season, and it shows what people in our key assumption of some is that freight I will not say anything beyond this State already know: We already have a carriers don’t raise rates when they except that Missouri citizens are doing spring rise. It is natural and it is dan- face no competition. That is a nice their part, and certainly we encourage gerous. If the pallid sturgeon really wish, but it is not a realistic assump- other States to follow the constructive liked spring rises, they would be com- tion. example that Missouri has set.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7856 CONGRESSIONAL RECORD — SENATE July 18, 2001 What have we done? What have we Our bipartisan amendment is sup- as a result, I hope we can maintain this done for wildlife habitat? What have we ported by members across the country: position rather than the very negative done to conserve species, to preserve the National Waterways Alliance, Na- approach adopted by the House. and help restore endangered species? tional Corn Growers Association, I am hopeful as we go into conference Our Department of Conservation has American Soybean Association, Amer- that Senator BOND will support the po- acquired 72 properties in the Missouri ican Farm Bureau Federation, Na- sition that he and I now have adopted River flood plain totaling almost 45,000 tional Association of Wheat Growers, as a Senate position. acres. Senator HARKIN of Iowa and I National Council of Farmer Coopera- While I am in agreement on the and others have requested funding for a tives, Agricultural Retailers Associa- amendment, we are in vast disagree- number of ongoing habitat projects, tion, National Grain and Feed Associa- ment about the issue. I feel compelled and while two are funded in this bill, tion, and others. to address some of the questions raised one was not funded. The Fish and Wildlife Service plan by the distinguished Senator from Mis- We have authorized and we have has been opposed strongly by the souri. begun funding for a 60,000-acre flood Southern Governors Association which First of all, it is important to re- plain refuge between St. Louis and issued another resolution opposing it member, most importantly perhaps, it Kansas City. We authorize an addition early this year. The Fish and Wildlife is important to remember that this of 100,000 acres of land acquisition in plan is opposed strongly by our current goes beyond just the pallid sturgeon. the lower basin to restore habitat, with Governor, Governor Holden, and his Obviously, the pallid sturgeon is an en- almost 13,700 acres already acquired. Department of Natural Resources dangered species, and we can argue all I have been pleased to work with which is just as knowledgeable and just afternoon about the relevance of the American Rivers and Missouri farm as committed to the protection of the pallid sturgeon to the master manual groups to authorize habitat restoration river they live on as the Federal field debate, but in my view, this is about on the river, to create sandbars, is- representatives who live in other re- more than an endangered species. This lands, and side channels. These are the gions and States. debate is about an endangered river. natural structures that support and fa- I say to all the Senators on the Mis- This debate and the master manual is cilitate species such as the pallid stur- sissippi River that objections were about whether or not we can save an geon. raised to the Fish and Wildlife Service endangered river. I regret to say this administration, plan in a recent letter to the President This is not about an endangered spe- as the last administration, requested signed by nine Mississippi River Gov- cies. This debate is about an endan- no funds to start the project, and the ernors. These Governors include Gov- gered river. This debate and the master subcommittee this year did no new ernor Patton from Kentucky, Governor manual is about whether or not we can starts, so a consensus approach is lying Sundquist from Tennessee, Governor save an endangered river. in state. We have financed over 21,740 Foster from Louisiana, Governor The distinguished Senator mentioned acres of wetland easements from the Musgrove from Mississippi, Governor the organization American Rivers. The Wetlands Reserve Program in Missouri. Ryan from Illinois, Governor Huckabee American Rivers organization has now Missouri is very active with the Con- from Arkansas, Governor McCallum listed for the second year in a row the servation Reserve Program, and farm- from Wisconsin, and Governor Holden Missouri River as the most endangered ers are signing up for filter strips along from Missouri. river in America. It doesn’t get any waterways to reduce runoff. This plan is opposed on a bipartisan worse than that. We are working in Missouri on an basis by elected officials, by our late agroforestry flood plain initiative and Governor Carnahan, by mayors, farm- We talked about the Federal Govern- have demonstrated tree systems that ers, and the people all along the Mis- ment’s commitments and regulatory take out nearly three-quarters of the souri River. approach. Citizens of South Dakota phosphorous and nitrogen so it does Our amendment seeks to add some know a lot about commitments and not reach the waterways while pro- balance in the decisionmaking process regulatory approach. We were told if viding excellent bird habitat. and attempts to permit the administra- we gave up hundreds of thousands of According to our Department of Nat- tion to do what is right to find ways to acres of land to build four dams to help ural Resources, river engineering ef- address species recovery that do not downstream States, we would benefit. forts on the Mississippi River have paid harm people, that do not harm prop- We would have irrigation projects, and big dividends for endangered species. erty, that do not interfere with the we would have water projects, and we For example, at river mile 84 on the other legitimate multiple uses of the would have an array of special consid- Upper Mississippi River, the Corps has Missouri River. eration given the new jeopardy within created hard points in the river to sep- I strongly urge my colleagues to which we find ourselves as a result of arate a sandbar from the bank to cre- adopt this bipartisan amendment. I the dams’ construction. ate a nesting island for the federally thank the Chair, and I yield the floor. The first things to go, of course, were endangered least tern. In addition, lar- The PRESIDING OFFICER. The Sen- all the irrigation projects. We don’t val sturgeon have been collected in the ator from South Dakota. have any in South Dakota. That is resultant side channel. Mr. DASCHLE. Mr. President, I com- done. The second thing to go, of course, Four islands around mile 100 on the pliment the Senator from Missouri. He was the quality of life for people who Upper Mississippi were created by clearly feels as passionate about this lived along the river. We had to move modifying existing navigational struc- issue as I do, and he, like I, has tried to communities. That is done. We have tures without interfering with water find common ground. I have no objec- moved them. Unfortunately, because transport. Islands have flourished even tion to the amendment that Senator the master manual is now so out of through the flood of 1993. BOND is proposing this afternoon. date, we are drowning communities all At river mile 40 on the Upper Mis- What he is saying through this along the river as we speak. sissippi, the Corps has established crit- amendment is that in addition to the The Senator from Missouri talks ical off-channel connectivity essential proposal made by Fish and Wildlife, about his concern for spring rise and as overwintering and rearing habitat there ought to be consideration of floods. We are getting that every year. for many Mississippi River fishes. other issues, other opportunities to ad- We have already authorized the con- We know there are better approaches dress the problem. I have said that struction of new homes for 200 home- that do not hurt people, and that is from the beginning. owners in Pierre, SD. We will have to where the focus has been in Missouri, I will support this amendment, and I commit $35 million to move home- and that is where the focus should be urge my colleagues to support it as owners because we flooded them out in Washington. The sooner we table the well. I also urge my colleagues to en- because the master manual isn’t work- plan that is risky, untested, and dan- dorse this position as the bill proceeds ing. gerous, the sooner we can get to the through conference. This is a position So don’t talk to us about spring rise. plans that are tested and broadly sup- that I think will clearly show una- Don’t talk to us about flooding. Don’t ported. nimity on both sides of the aisle and, talk to us about sacrifice. We know

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7857 sacrifice. We know the problem be- There you have it, perhaps the most EXHIBIT NO. 1 cause we are living in it every single authoritative organization on river MISSOURI RIVER day. management dealing with the Missouri NATURAL RESOURCES COMMITTEE, Yes, this is about pallid sturgeons. River. This sentence is underlined: Missouri Valley, IA, May 21, 2001. But this is about a lot of South Dako- ‘‘This plan is biologically sound and Secretary GALE NORTON, tans who are living on the river who scientifically justified.’’ Department of the Interior, Washington, DC. were told they were safe, who were told I feel this as passionately as the dis- DEAR MS. NORTON: I am writing to express they had been given commitments, who tinguished Senator from Missouri. the position of the Missouri River Natural were told they would get irrigation What happens when two people who Resources Committee (MRNRC) concerning projects, who were told they would get feel as passionately as we both do, with the biological and scientific merits of the all kinds of benefits which we have not polar opposite positions, come to the November 30, 2000, final Biological Opinion of seen. floor on a bill of this import, on an the U.S. Fish and Wildlife Service on the Op- This is about an endangered river. It issue of this import? What I did early eration of the Missouri River Main Stem Reservoir System, Operation and Mainte- is about a master manual written 50 in the year—and I thank my very pro- years ago when times were a lot dif- nance of the Missouri River Bank Stabiliza- fessional staff, Peter Hanson, and oth- tion and Navigation Project, and Operation ferent. It is about a recognition that ers, and my colleague, Senator JOHN- of the Kansas Reservoir System. By way of every once in a while, perhaps at least SON, for his admirable work on the introduction, the MRNRC is an organization every two generations, we ought to committee in working with us, and per- of appointed, professional biologists rep- look at a master manual and whether haps most importantly, my chairman resenting the seven main stem Missouri it is working or not and come to a con- on this subcommittee, HARRY REID. I River Basin state fish and wildlife manage- clusion about rewriting it so people are thank them all for their extraordinary ment agencies. Our agencies have statutory responsibilities for management and stew- not flooded out. efforts to work with us to try to find This has been an effort 10 years in ardship of river fish and wildlife resources some common ground. held in trust for the public. We were estab- the making. In spite of all the asser- Basically, what is in the bill is sim- lished in 1987 to promote and facilitate the tions made by the Fish and Wildlife ply an amendment that says: Look, conservation and enhancement of river fish and the Corps of Engineers and others let’s continue to look at this; let’s see and wildlife recognizing that river manage- that the spring rise proposal provides if we can find the common ground, ment must encompass the system as a whole 99 percent of the flood control we have with the depth of feeling we recognize and cannot focus only on the interests of one today, that is not good enough for state or agency. Besides an Executive Board on both sides. Let’s not do any damage, of state representatives, we also have three some of our people. In spite of the fact but let’s keep working. they tell us in any single year there technical sections—Fish Technical Section, That is what is in the bill. Let’s not Tern and Plover Section, and Wildlife Sec- would be high water, there would be no make any conclusions, let’s not insert tion—consisting of river field biologists and spring rise, we would not authorize it, that somehow the States have to com- managers which advise the Board on river that is not good enough for some peo- ply prematurely. We already have in- science, management, and technical matters. ple. vested 10 years. What is another year? The MRNRC supports the recommenda- The distinguished Senator from Mis- tions contained in the Biological Opinion as Let’s keep working. souri mentioned a hero of mine, Steve biologically sound and scientifically justi- That is what is in the bill. Ambrose. I don’t know of anybody who fied. Implementation of these recommenda- knows more about that river than he What the Senator from Missouri is tions will not only benefit the federally-list- does. He has walked virtually every saying is let’s also ensure that there ed pallid sturgeon, interior least tern and piping plover, but also many other river and mile of it. He knows it backwards and are other options that we look at. I have no objection to that. That is why reservoir fish and wildlife for which our forwards. He knows its history, he agencies have responsibility and jurisdic- knows its splendor. He knows the river I support this amendment. If we pass this legislation, we will look at other tion, including river fish species which have like no one knows the river. He has declined in many river reaches since develop- been very complimentary about the ef- options, we will not take any specific ment of the system. A sustainable river eco- forts made to protect it now. I will not action right now, but we will not deny, system requires restoring as much as pos- speak for him, but I will say this. Were as the House did, the right to continue sible those hydrological functions and river he here, I think he would express the to move forward. I hope we can all and floodplain habitat features under which agree this is a legitimate, balanced ap- native river fish and wildlife evolved. The same concern about how endangered scientific community is increasingly recom- this river is, as I just have. proach. I also hope people recognize this: If mending restoration of natural flow patterns Steve Ambrose is not the only one. or some semblance of them to conserve na- The Senator from Missouri was talking we don’t solve it, the Fish and Wildlife tive river biota and river ecosystem integ- about all the indignation, talking and the Corps don’t solve us, there is rity (Richter et al., 1998; Galat et al., 1998). about all those who came out in oppo- only one other recourse: The courts of The Opinion takes the first, adaptive man- sition, and he mentioned quite a list of the United States will solve this. This agement step toward accomplishing this people. I could go on, too, with lists of will be tied up in the courts, and we task while recognizing that the river has will see litigation for a long time to been drastically modified and must continue organizations, lists of Governors on a to meet other human needs for power genera- bipartisan basis. I think perhaps the come, and it will be North v. South in a new context. I don’t want to see that. tion, water supply, recreation, flood control, most important is the letter we re- and commercial navigation. ceived on May 21 from the Missouri I want to see a resolution to this The Opinion contains most of the oper- River Natural Resources Committee. problem. I want to see some under- ating and habitat rehabilitation objectives The Missouri River Natural Resources standing of the science that has gone contained in an alternative submitted by the Committee is made up of people up and into the solution to this problem. I MRNRC in August, 1999, for the Corps of En- down the river, but especially people in want to see a recognition that there is gineers’ Missouri River Master Manual Envi- ronmental Impact Statement Review and the lower regions of the river. Here is pain on both sides of this problem. I want to see us not continuing to kick Study and in a white paper we developed in what the Missouri River Natural Re- 1997 (Restoration of Missouri River Eco- sources Committee has to say. I will the ball down the field but coming to system Functions and Habitats). These ob- read one sentence, and I ask unani- grips with it, finishing it, and moving jectives include higher spawning flow re- mous consent the letter be printed in on. leases from Fort Peck and Gavins Point the RECORD at the end of my remarks. This master manual is now older Dams in the spring, warmer water releases The PRESIDING OFFICER. Without than I am. The river has changed a lot, from Fort Peck Dam through the spring and objection, it is so ordered. as I have, over the last 50 years. I think summer, lower flows below Gavins Point (See Exhibit No. 1.) it is time to update it. Probably time Dam in the summer, unbalancing of res- Mr. DASCHLE. ‘‘The MRNRC sup- to update, me, too. This river is a lot ervoir storage (annual rotation of high, sta- ble, and lower reservoir storage levels among ports the recommendations contained more important than I am. This river the big three reservoirs), restoration of shal- in the Biological Opinion as bio- provides a lot more livelihood to people low water aquatic habitat in the channelized logically sound and scientifically justi- in South Dakota than I do. This river river reaches, and restoration of emergent fied.’’ is dying, and we need to save it. sandbar habitat in least tern and piping

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7858 CONGRESSIONAL RECORD — SENATE July 18, 2001 plover nesting areas, all of which have been While I welcome that language as a pallid sturgeon below Gavins Point, advocated for many years by the MRNRC. temporary stopgap for Missouri, it is but it provides no supporting evidence The MRNRC also commented on and sup- not enough to protect Missourians or that any of the claimed benefits will be ported the draft Biological Opinion. A copy other downstream States, for without realized. In fact, the Service admits, in of that letter is enclosed. The final Opinion is responsive to our comments on the draft. additional action by Congress, it is vir- its own Biological Opinion, that enor- We are especially pleased to see the commit- tually certain that the Corps of Engi- mous gaps exist in our knowledge of ment to include our agencies in the Agency neers will adopt the Fish and Wildlife the needs of the pallid sturgeon. Fur- Coordination Team process for fine-tuning Service’s recommendation for spring thermore, the Biological Opinion notes and implementing management actions iden- rise. That is a condition that will do that commercial harvesting of stur- tified in the Opinion. I am also enclosing a great harm to Missouri and other users geon is allowed in five States. copy of the 1997 white paper and a brochure of the Missouri and Mississippi Rivers. If that is the case, I would think it which explains the function of the MRNRC. I The Bond-Carnahan amendment would be more appropriate for the hope this letter and accompanying materials clarify the views of professional biologists strengthens the bill to provide greater Service to halt the commercial har- responsible for Missouri River fish and wild- protections for Missourians. It would vesting, rather than risk severe flood life. Please do not hesitate to contact me allow the Corps to propose alternatives and shut down barge traffic, all for (712–336–1714) if we can be of further help in to assist the recovery of endangered unproven benefits to the sturgeon. this regard. species, but it would not preclude the I am also not convinced that the Fish Sincerely, Corps from adopting the Fish and Wild- and Wildlife Service plan will accom- THOMAS GENGERKE, life Service’s proposal for spring rise. plish the goal of helping two bird spe- MRNRC Chair, Just 8 years ago, Missourians faced cies: the interior least tern and the pip- Iowa Department of Natural Resources. one of the worst floods in their history. ing plover. In fact, many experts be- The PRESIDING OFFICER. The Sen- The water crested almost 50 feet over lieve that the higher reservoir levels ator from Nevada. the normal level. Entire neighborhoods upstream resulting from the Service’s Mr. REID. If the Senator from Mis- were washed away and damage esti- proposal could actually harm these souri will yield for a brief statement. mates ran into the billions. This year, birds and their habitat at a critical While the leader is here, I want to we saw communities up and down the point in the year. Fluctuations in the say this is legislation that is best. The river battling against floodwaters once river level could also greatly disrupt provision in the bill could have been a again. nesting burdens below Gavins Dam. benchmark for a lot of confusion and I cannot believe that a government The Service’s Biological Opinion fails derision, but the staffs involved, be- agency would contemplate an action to address the consequences of these cause of all the concern for the river, that would put Missourians and resi- unnatural changes. sat down and did something construc- dents of other downstream States at There are better ways to ensure the tive. I, personally, as well as Senator risk of even more flooding. continued healthy existence of these DOMENICI, appreciate this very much. The proposal is to release huge species. After the pallid sturgeon was This avoids a contentious fight. Be- amounts of water from Gavins Point, added to the Federal endangered spe- cause of the good heads of the staff and SD, in the spring when the risk of cies list in 1990, the U.S. Fish and Wild- the wisdom of the Senators involved, flooding is already high. It takes 10 to life Service formed the pallid sturgeon we have resolved a very contentious 11 days for water from Gavins Point to recovery team to rebuild the fish’s issue. Senator DOMENICI and I are very reach St. Louis. What would happen if dwindling numbers. The Missouri De- thankful. we received an unexpected heavy rain- partment of Conservation joined this The PRESIDING OFFICER. The Sen- fall after the water had been released effort by working with commercial ator from Missouri. from Gavins Point? The answer is sim- fishermen to obtain several wild stur- Mrs. CARNAHAN. Mr. President, I ple. Missourians would face a severe geon from the lower part of the Mis- thank my colleague for that eloquent flood. Even the Corps admits that sissippi River. In 1992, the Department and enthusiastic support for a solution would be the case. That is an unaccept- successfully spawned female pallid to the problem we have worked on for able risk. sturgeons, which has since lead to the so many years. I love the opportunity The change would also damage the production of thousands of 10- to 12- to work with him in being able to find region’s economy. The barge industry inch sturgeon for stocking. The pallid that solution. contributes as much as $200 million to sturgeon had never been spawned in Today, I want to speak about an our economy and would be severely captivity, but the Department devel- issue that is important to the people of hurt by the low river levels that would oped certain techniques to do so. The Missouri. As you see, my State lies at occur in the summer. The economic fish were then released into the rivers. the confluence of these two great riv- benefits to upstream users, approxi- Before the release, the Missouri De- ers, the Missouri and the Mississippi. mately $65 to $85 million, pales in com- partment of Conservation tagged them The rise and the fall of these rivers has parison. for tracking purposes. They have since a tremendous effect on Missouri, on its We must also factor in the value of been amazed at the number of reported agriculture and recreation and environ- barge traffic on the Mississippi River. sightings of the tagged fish, which has ment and economy. The proposed low summer flow would surpassed anything they anticipated. The U.S. Fish and Wildlife Service bring barge traffic to a near halt for at If we are dedicated to preserving has proposed to shift the flow of the least 2 months during the summer at these species, we can do so through ef- Missouri River so that more water that area known as the bottleneck re- forts such as those carried out in Mis- passes through our State in the spring gion of the Mississippi River. This is souri. and less in the summer. It is called the the portion of the river that stretches In recent years, this has become a spring rise. If this proposal goes into just south of the confluence of the Mis- partisan issue. It should not be. Some effect, it could have devastating con- souri and Mississippi Rivers, to Cairo, say it is an environmental issue. It is sequences, including increased likeli- IL. The bottleneck needs the higher not. The environmental benefits of a hood of flooding and the shutdown of Missouri River flow to sustain barge spring rise are totally unproven. the barge industry on the Missouri. traffic. Some say it is an economic issue. It The energy and water appropriations The disruption caused by this pro- is not. On balance, it would harm our bill being considered by the Senate posal would jeopardize 100 million tons economy. This is an issue of fairness. It contains language that would prohibit of Mississippi River barge traffic which is not fair to expose Missourians and the Army Corps of Engineers from ex- generates $12 to $15 billion in annual other downstream residents to severe pediting the schedule to finalize revi- revenue. flooding, economic loss, and potential sions to the master manual that gov- Finally, there is no reason to believe environmental destruction. erns waterflow on the Missouri River. that the Fish and Wildlife Service pro- Our amendment, the Bond-Carnahan In effect, this provision would ensure posal will do anything to help endan- amendment, will ensure fairness for ev- that the decision regarding the flow of gered species. The Service claims that eryone who shares these rivers. I urge the river would not be made until 2003. its recommended plan will benefit the its adoption.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7859 Mr. President, I yield the floor. many reasons, irrigation never hap- drinking water on the Missouri River. The PRESIDING OFFICER. The Sen- pened—at least not on a large scale. We We have concerns about the health of ator from South Dakota. have moved on from the irrigation that the Missouri River itself. Steps need to Mr. JOHNSON. Mr. President, I com- was envisioned. be taken to restore this river to the mend and applaud the work of Senator The Missouri River is used as a sig- grand status that it once had. CARNAHAN and Senator BOND on nificant source of drinking water. In I am pleased we are taking this step crafting this amendment. We have been the meantime, recreation, fish, and today. This does not mean that Fish at a gridlock state on the master man- wildlife purposes have become para- and Wildlife’s views will be ignored, or ual development now for many years. mount on the Missouri River. Although that the ultimate plan developed by Senator CARNAHAN’s work to try to it is a far, far small industry than it the Corps of Engineers will be contrary break that gridlock ought to be ap- was originally thought, it is of no one’s to what the Fish and Wildlife Service plauded. interest to unnecessarily drive the wishes. But it does suggest that there Last year, as many recall, this bill barge industry out of existence. It still are other perspectives that ought to be wound up being vetoed by President plays an important role in a much considered as well, and that the Corps Clinton over this very issue. For years smaller way than was originally will proceed, that they will move for- it has been an all-or-nothing struggle thought. But, nonetheless, it plays an ward finally, at last, with the revision between upstream and downstream important role, and to the degree that of the master manual—one that I hope States over the management of the we can preserve it, that is well and will more fully reflect the contem- Missouri River. I think we may be good. But I think there is a very strong porary economic and environmental re- moving ahead more constructively consensus that the vision for the Mis- alities of the Missouri River. now, thanks to a more thoughtful ap- souri Valley that existed at the time of It is my hope again that as we pro- proach being taken in this body. the Pick-Sloan plan was envisioned and ceed on with this bill—again, my com- The Missouri River is of utterly pro- then implemented is much changed. mendation to Senator REID, our friend found consequences to my home State This master manual no longer serves from Nevada, and Senator DOMENICI, of South Dakota. It divides the State the interest and no longer reflects the our friend from New Mexico, who have in two, an East River and West River, contemporary economic realities of the done such great work on this bill as a as we say in South Dakota. It is cen- Missouri River—certainly in the up- whole—we will proceed with an excel- tral to the economy of the State. It is stream reaches of the river but down- lent piece of legislation, so that when the corridor by which settlers came to stream as well. we reach a conference circumstance Dakota territory. This Senator grew up It is the responsibility of the Corps of with the other body, the views of the on the Missouri River. My hometown is Engineers to proceed with the study, Senate on this critical issue will, in a college town situated on a bluff over- public input, and with the science that fact, prevail. looking the Missouri River. Its welfare goes into at long last a revamping of I yield the floor. is of great concern to my State. It is of the master manual. Up until now, we Mr. HARKIN. Mr. President, the Mis- great concern to me personally. have been caught up in the question of souri River is a tremendous resource My colleague, Senator DASCHLE, should we revise the manual or should for the Midwest. It is used for recre- noted that the Missouri River has been we not revise the manual. ation and for transportation. It sup- referred to as ‘‘America’s most endan- Now, at least in this body, there is an plies water for drinking, for irrigation, gered river.’’ I appreciate that could be agreement that, yes, the manual to cool power plants, and it can, at the criteria you might happen to should and needs to be revised. It times provide far too much water re- choose to apply, but, nonetheless, the should be done in a careful manner. I sulting in flooding, hurting many farm- Missouri River has gone through a am pleased that we have gotten over ers and sometimes communities as a great many changes from its pristine that hurdle. That hurdle still remains whole. early days—largely impounded at least in the other body, the House of Rep- It is also the home for a wide variety in the upper stretches of the river be- resentatives, but I think as the Senate of wildlife, providing excellent hunting hind huge earthen dams, channelized in approaches this issue in a more and fishing opportunities. It has many other stretches, and barge traffic. thoughtful and wiser fashion, it is im- beautiful views to be enjoyed by all. In my home community of portant for the Corps to take the best And it is the habitat for a number of Vermilion, it remains as about as close biological science available from the species that, unfortunately, appear to to what Lewis and Clark saw as any Fish and Wildlife Service. be in very serious difficulty, endan- stretch that remains. But that is only It is also important for the Corps to gered. for a stretch of some 60 or 70 miles. listen to those who have concerns I believe we have a responsibility to This river remains of enormous con- about flooding. It is important for the protect endangered and threatened spe- sequence. The management of the river Corps to listen to those concerned cies, and I take that responsibility has always been a matter of great im- about energy production. Our rural very seriously. And, I take the needs of port. For 40 or 50 years now, the exist- electrics, and public power in par- my constituents to minimize flooding, ing master manual—the rules for the ticular, have a great concern about lev- to maximize the benefits of barge traf- management of the river that guides els of energy production from these fic and to use the areas along the river the Corps of Engineers—has been in hydrodams. This year more than most, for good hunting and fishing very seri- place. When the Pick-Sloan plan was we have had a lesser amount of water- ously as well. implemented and these larger earthen flow from the head waters of the Mis- The Corps of Engineers which man- dams were constructed, they were con- souri than in past years. In fact, our ages the large dams on the river is structed with multiple purposes—flood water levels are down this year in any charged with a number of legislative control for South Dakota and for our event regardless of the master manual. purposes such as navigation, flood con- downstream neighbors as well; energy That remains of concern. trol, recreation and environmental re- production; and they remain a great We have endangered species. We have mediation and enhancement. And, source of hydroelectricity for our State a great recreation and wildlife industry many of those responsibilities are in and throughout the region; recreation on the Missouri River. Much of it has regular conflict. Doing more to pro- certainly; barge traffic; and drinking been at risk because of the mote one priority can and regularly and irrigation purposes. unreliability of the waterflows on the does hurt another priority. Few Mem- The thought at the time was that river and the lack of consideration bers are happy with the Corps in this these huge bodies of water would be given to this huge industry, the recre- balancing effort. I understand lots of used for massive irrigation develop- ation and wildlife industry. In fact, Corps officials are not happy with the ment through the Dakotas, and that every dollar’s worth far exceeds that of Corps either at times. there would then, in turn, be a need for the barge industry that has been there Under the Endangered Species Act, reliable barge traffic to haul this for so long. passed in the early 1970s just before I amount of grain from the heartland We have concerns about erosion. We became a member of Congress, we said and the Dakotas downstream. For have concerns about the supply of that saving endangered species was a

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7860 CONGRESSIONAL RECORD — SENATE July 18, 2001 top priority. And, I strongly support Frankly, I also was told that last and that a decision on a new master that goal. It is often a difficult task. year’s amendment would have quickly manual won’t be made until 2003. The We so often know so little and, at resulted in a strong lawsuit, with a Corps now has breathing room to do times, can be so very wrong. But we likely judgement that the restrictions what’s right for the Missouri River, for should work in a determined manner to on the Corps to implement a spring rise upstream and downstream interests help species that are endangered. would violate the Endangered Species and for fish and wildlife. After more In this case, the Fish and Wildlife Act. My fear was that a Federal judge, than 50 years, it’s about time. Service has issued a biological opinion instead of the Corps would have re- Mr. GRASSLEY. Mr. President, I of what they think is the best course of placed the Corp of Engineers. strongly urge my colleagues to support action. Is it the best path to take? Today’s amendment is a balanced the Bond-Carranhan-Grassley amend- Under the law, there is a process that one. Under the already existing lan- ment to the energy and water appro- the Corps is supposed to follow in mak- guage of the bill, clearly, the process is priations bill. This amendment will ing the determination of what they not going to come to a final judgement allow the Secretary of the Army to will do to move forward towards saving in the coming year. The amendment propose alternatives to the decision the endangered species. It is a long adds to that reality, saying to the mandated by the last administration process. But, as the language already Corps: look at the need of the endan- which will unquestionably increase in the bill notes, under its timetable, gered species, look at the many pur- flood risk and limit barge travel on the the Corps is more than a year away poses of the river. Listen to those who lower Missouri and Mississippi Rivers. from coming to a final ‘‘record of deci- come to testify and to provide meri- If we do not correct the ill-informed sion’’ and then more months away torious input. And, put together some position that was shoved down our from that decision’s implementation. options. throats last year by the previous ad- I believe that the Corps needs to very Ideally, the Corps will do just that. ministration, landowners in Iowa along carefully consider the input it gets dur- And, a year from now, hopefully, some- the Missouri River will face the threat ing that time. Many, including the thing will be presented that provides of increased flooding. Thanks to a few state governments, learned professors, for the protection of the endangered of my colleagues that have obviously organizations representing many sides, species and the many benefits that are never been over to Freemont, Mills, have a great deal of resources and ex- derived from its flowing waters. Pottawattamie, Harrison, or Monona pertise. I feel that the comment period Mr. President, I am pleased that I counties in Iowa, just to name a few, is not supposed to be for show, or to was able to help develop this language we have let an issue that was decided allow people to vent. I believe that it which has genuine balance. for political gain put lives and liveli- should be an opportunity for people to Mr. BAUCUS. Mr. President, last hoods at risk. not only forcefully note their interest, year, Mr. DASCHLE and I fought hard This is not a new issue. Provisions to but for those with the capability to against efforts to halt the progress of limit significant changes in flow had propose creative solutions, solutions the new Missouri River Master Manual. been placed in five previous appropria- that can both do more to help the en- As my distinguished colleague from tions bills by my distinguished col- dangered species and more to maintain South Dakota pointed out both last league from Missouri, Senator BOND. the historic priorities of the Corps. year and this year, the Missouri River Each of these bills had been signed into Do I know what that solution is? No. is a river in jeopardy and the manual is law by the last administration, except Is there such a solution? I don’t know. long overdue for a revision. for the legislation last year. Last year I did propose increasing funding in We need a more balanced manage- a few members let special interest this measure to increase sandbars of ment of this river system, a balance groups drive the agenda and place my benefit to birds and towards slow mov- that will, among other things, give constituents in harm’s way. It was not ing water which I am told will help the more weight to the use of the water for acceptable then and it is not accept- endangered fish. And, the committee recreation upstream, at places like able now. placed a portion of that funding in the Fort Peck reservoir in Montana. Under Senator BOND’s amendment will bill. But, I am certainly not sure that the current river operations, there are allow the U.S. Army Corps of Engi- it will be effective. A Senator is con- times when the lake has been drawn neers to propose alternatives to stantly listening to experts who may down so low that boat ramps are a mile achieve species recovery other than or may not be correct. or more from the water’s edge, all to those specifically prescribed by the I believe the Corps is responsible for send water downstream to support the U.S. Fish and Wildlife Service plan to truly sifting through all of the ideas barge industry. Recreation is vital to increase releases of water from Mis- and taking the best and melding them, the eastern Montana economy and to souri River dams in the spring. Major- to do what it can to find the best path. economies of other upper Missouri ity Leader DASCHLE championed the Some say the Fish and Wildlife Service states. It’s time the Army Corps’ man- Fish and Wildlife Service’s position has already spoken—period. This is agement practices reflected that re- last year which will eventually result only correct to a point. Yes, they have ality. in significant flooding downstream spoken, but that does not mean that This year, one of the worst water given the heavy rains that are usually they can’t learn about new options and years in my State’s history, the prob- experienced in my, and other down- become aware of more information lems started back in March and April. stream states during that time. that can, with an open mind, lead to The Corps told me their hands were Last year our opposition described different alternatives. tied by the old manual as to how much their position as a ‘‘slight revision’’ to Last year, I opposed Senator BOND’s they could protect lake levels at Ft. increase spring flows, known as ‘‘spring amendment because it simply pre- Peck and at other upstream Missouri rise’’ once every three years. They em- cluded under all circumstances one reservoirs—in short, they had to keep phasized, ‘‘not every year, but once type of action from being used that letting water out even though lake lev- every three’’. When they emphasized might help endangered species. I under- els were dropping fast. that point I guess I’m wondering stand his strong concerns about a Which is why I applaud Senator whether that somehow makes it better spring rise that his proposal of last BOND’s decision to search for com- or excusable to risk the lives and the year was designed to prevent under all promise because we all want a solution livelihood of Iowans and other Ameri- circumstances. I certainly have consid- to this problem. We all want to make cans living on the Missouri once out of erable doubts about the logic of the sure the river is managed in the best every three years instead of every year. Fish and Wildlife Service’s proposed way possible. Mr. BOND has come for- This issue is exactly what is wrong spring rise. But, frankly, I believe that ward with an amendment that will with our representative government. the best path is not to legislatively allow the Corps flexibility to work to- How many times have we heard about say: No, this option shall be excluded. wards that goal. Mr. REID and Mr. special interests having too much in- The best path is for knowledgeable par- DOMENICI agreed to language in the En- fluence and the decisions that are ties to propose better alternatives to ergy and Water bill that will make sure being made not representing the major- be considered on their merits. the Corps won’t accelerate this process, ity. Well here is my casebook example.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7861 How many Americans would view in- keeping American grain competitively Last year, I wondered—it is a very creasing the flow of the river to scour priced in the world market. The Corps important bill—whether it was worth sandbars more important than pro- itself has estimated that barge com- putting the entire bill at risk of a veto. tecting life and livelihood. There might petition reduces rail rates along the My good friend, Senator BOND, who is be a few, and I realize as hard as this is Missouri by $75–$200 million annually. now joined by others—and I com- to believe, there were 45 in the Senate If a drought hits during the split pliment them all—told me: It is a last year. But if we could let the Amer- navigation season, there will be even worthwhile thing to do, Senator. I ican people vote, I bet they would feel less water flowing along the Missouri don’t like putting your entire bill at protecting Americans is more impor- unless we make this necessary change. risk—the one I happened to have man- tant than scouring sandbars. Low flow will also significantly inhibit aged then; the one I am ranking mem- The opposition’s approach is a ter- navigation along the Mississippi River. ber of now—but I willingly did it, and ribly risky scheme. Keep in mind that We cannot let this happen. I think that had ultimately a bit to do it takes 8 days for water to travel from Less water flowing in the late sum- with resolving this issue in a better Gavins Point to the mouth of the Mis- mer will also affect hydroelectric way. Because the Senate did find out it souri. Unanticipated downstream rates. Decreased flow means less power was a very serious issue and that they storms can make a ‘‘controlled re- generation and higher electric rates for would put it at risk, with a veto pen, lease’’ a deadly flood inflicting a wide- Iowans who depend upon this power with reference to the issues between spread destruction. There are many source. This is not the time to be in- the river people and the professional small communities along the Missouri creasing the price of energy. In my Federal bureaucracies and the environ- River in Iowa. Why should they face in- opinion, the last administration al- mentalists. Hopefully, it has been creased risk for flooding and its devas- ready accomplished increasing energy worked out in an amendment that will tation? They should not. costs to the breaking point for con- be agreed to today. Equally unacceptable is the low-flow sumers, now it is time to start bringing I compliment everybody who has summer release schedule. A so-called those rates down. worked on it. I can see the fine hand of split navigation season would be cata- The corngrowers summed it up best the majority leader. I can see other strophic to the transportation of Iowa last year when they stated, ‘‘an inten- Senators from the other side of the grain. In effect, the Missouri River will tional spring rise is an unwarranted, aisle who got together to do it. I must, be shut-down to barge traffic during a unscientific assault on farmers and with all respect, compliment Senator good portion of the summer. It will citizens throughout the Missouri River KIT BOND for not giving up and for his also have a disastrous effect on the Basin. ‘‘Unfortunately, the past admin- tenaciousness last year in seeing to it transportation of steel to Iowa steel istration felt sandbars were more im- that we, as a Senate, understood that mills, construction materials and farm portant than citizens. Let’s fix this. I some of our Government people were inputs such as fertilizer along the Mis- urge my colleagues to support the busy about changing things and that souri. Bond-Carnahan-Grassley amendment. we ought to get ourselves involved. Opponents of common sense argue Vote for common sense. Normally, we would not like to get that a spring flood is necessary for spe- The PRESIDING OFFICER. The Sen- involved, but we did. Today, perhaps, cies protection under the Endangered ator from New Mexico is recognized. within an hour or so, we will end this Species Act, and that grain and other Mr. DOMENICI. Mr. President, I issue with a compromise, which will goods can be transported to market by thank you. I will be very brief. mean we will not have anyone object- railroad. I do not accept that argu- I remind the Senate how important ing, and everyone—whether they are ment. this Missouri River issue is and was. so-called river people or environmental I believe that there is significant dif- First of all, I am very grateful to hear people or commerce interests—will all ference of opinion whether or not a that it is going to get resolved, which agree that their Senators have done a spring flood will benefit pallid stur- I understand to be the case. I haven’t yeoman’s job. geon, the interior least tern, or the pip- seen the language yet, but obviously I yield the floor. ing plover. In fact, the Corps has dem- there are very good Senators who have The PRESIDING OFFICER (Mr. onstrated that it can successfully cre- a more genuine interest than this Sen- JOHNSON). The Chair recognizes the ate nesting habitat for the birds ator. So it will be right. Senator from North Dakota. through mechanical means so there But last year, believe it or not, this Mr. DORGAN. Mr. President, while I would be little need to scour the sand- entire bill that we are talking about understand the reason the amendment bars. Further, it is in dispute among was put at risk because Senator BOND was put in the energy and water bill, biologists whether or not a flood can sought to protect the river. An amend- and understand the reason that there create the necessary habitat for stur- ment passed, which I supported, that has been discussion about a modifica- geon. made the entire energy and water bill tion of it that the majority leader says This is why it is important to allow subject to that amendment with ref- he will accept, nonetheless, let me say the Secretary to propose alternatives erence to not moving ahead too fast that I would prefer that we not have to achieve the same goals without the with the new ideas. It had a veto threat this issue in this bill, that the revision same deadly, ruinous side effects. with it. of the master manual on the manage- One thing I do know for sure is that Believe it or not, since 1979, I think is ment of the Missouri River has been loss of barge traffic would deliver the the case, energy and water types of ap- going on a long, long time—far too western part of America’s grain belt propriations bills had never been ve- long. into the monopolistic hands of the rail- toed. So we put at risk all the things For 12 years the Corps of Engineers roads. Without question, grain trans- that are needed in this bill and said we has been wrestling with this issue of portation prices would drastically in- would take it. If the President vetoes how to revise the master manual to crease with disastrous results to on it, we will find a way to pass the bill manage the Missouri River. For 12 farm income. one way or another. years it has been ongoing. The root of Every farmer in Iowa knows that the The reason I state that is because, all of these amendments has been to balance in grain transportation is com- obviously, the issue is a very impor- try to continue to stall. petition between barges and railroads. tant one. It brought down this entire Let me describe why this is an impor- This competition keeps both means of energy and water appropriations bill. tant issue from the perspective of those transportation honest. This competi- Incidentally, we found a way to fix it. of us who live in the upstream States. tion keeps transportation prices down It became an issue. I am hopeful that We have a flood in the state of North and helps to give the Iowa farmer a today it remains an issue, and that, Dakota—a flood that came and stayed better financial return on the sale of with this amendment which has been a manmade, permanent flood. It is the his grain. This competition helps to spoken to and about by those who are size of the State of Rhode Island. It vis- make the grain transportation system Missouri River affected, we will end up ited North Dakota in the 1950s. in America the most efficient and cost with something that is really an Why did that happen? Because this effective in the world. It is crucial in achievement. Missouri River—this wonderful 2,500

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7862 CONGRESSIONAL RECORD — SENATE July 18, 2001 miles of wild and interesting river— But in addition to all of that, the closed, enlisted Captain Lewis to begin was causing a lot of problems for a lot master manual by which the river is this bold venture. He told them: When of people in some springs. On some oc- managed was created in a way that you get to St. Louis, charge what you casions during the springtime, those said to the Corps of Engineers, here are need for your venture and sign a req- downstream reaches of the Missouri the things we want to do with this uisition to the Federal Government, River would have an awful flood. You river. And then the Corps of Engineers and we will pay for it. He purchased could not play softball in the parks of went about managing to what they keelboats. He purchased a whole series St. Louis in the spring because the thought was written in the master of things. In fact, in St. Louis, he pur- Missouri River had gone over its banks manual. And they have always in- chased 110 gallons of whiskey. Think of and caused substantial flooding. It was sisted, notwithstanding the fact that what they would make of that today. true, for a substantial portion of the the Government Accounting Office, and Requisition that to the U.S. Govern- Missouri River. And for flood control, others, that have studied this have said ment. and other reasons, it was decided that they are wrong, that the issues of So he left St. Louis with this band of there ought to be a plan to see if they recreation and fishing and tourism— men, his keelboats, his 110 gallons of could harness, somehow, this river the industries that have spawned up- whiskey, and so many other things to called the Missouri River. stream, the industries that have enrich that trip, and they went up the A man named Lewis Pick and a man spawned in my State—are somehow of Missouri River. According to their named Glenn Sloan put together a lesser consequence to barge traffic and journals, they saw their first grizzly plan, as you might guess, called the flood control downstream. bear when they got to what is now Pick-Sloan plan of the 1940s. As almost So as a result of all of that, there has Williston, ND. They even made notes in anyone who knows anything about the been discussion about the need to re- their journals about the mosquitoes river understands, the Pick-Sloan plan vise the master manual. In 1989, we they encountered. You can encounter was a mechanism by which they would began to have the Corps of Engineers some of those same mosquitoes or rel- harness the forces of the Missouri work to revise the master manual. atives of them. River and create six main stem dams. No one in America has ever accused They wintered near where the city of One of those dams was in North Da- the Corps of Engineers of speeding, and Washburn, ND, now exists, and spent kota, at the time, the world’s largest, I expect they never will. It is as slow the winter with the Mandan Indians. earth-filled dam. It was dedicated by and as bureaucratic an organization as Here is what the description of that President Eisenhower. It flooded 500,000 there is. But 12 years to revise the mas- river was and is by Mr. Clark and oth- acres of North Dakota land. It created ter manual? Twelve years? I don’t ers: ‘‘A tawny, restless, brawling a manmade, permanent flood the size think so. That is not reasonable. Yet flood,’’ one observer scribbled about of Rhode Island in the middle of our here we are today. We do not have a the Missouri River. ‘‘It makes farming State. master manual revision. And we have as fascinating as gambling; you never One might ask the question, Why propositions that need to be delayed know whether you are going to harvest would North Dakotans, in the 1950s, further. There needs to be intervals corn or catfish.’’ What an apt descrip- say: All right, you can do that. You can that are artificially created. tion of that wonderful river. come to our State and create a Rhode Let me say this about the states that William Clark, who braved that wil- Island-sized flood? I will tell you the are involved. We have had a group derness, admired the lush swaths of answer to that. The answer to that called the Missouri River Basin Asso- oak, ash, and cottonwood on the Mis- was, the Pick-Sloan plan was a plan ciation—eight States, all of which har- souri’s floodplain. He said: It is ‘‘one of that said: What we would like to do is bor the Missouri River. All of these the most butifill Plains I ever Saw, provide some benefits for everyone. States are enriched by the presence of open and butifully diversified.’’ ‘‘No Downstream, we provide the benefits of the Missouri River. These eight States other river was ever so dead-set against flood control, the benefits of perhaps together have tried to work on plans being navigated,’’ another Missouri achieving more stable navigation op- about how one would manage the Mis- watcher wrote. portunities. Upstream, you have the souri River and what kind of a master This river is unique, remarkable, and opportunity to have a substantial manual plan one would develop. shoreline for the recreation, fishing, Seven of the eight States have wonderful in many ways. But the river and tourism industries. And then, in reached agreement. One has not. Seven has suffered. The people who make a addition, and more importantly, what of the eight States have reached an living on that river and near that river we will do for you upstream is to take agreement, and one will not. Can any- have suffered as well. We have not done from this huge body of water the abil- one guess which State is outside of the right by that river. We have created ity to move water around your State, seven? The only State among the eight the six main stem dams, and a whole something called Garrison Diversion. States that said, no, we will not agree? series of things have intervened in the And by the way, you can use that That is right, the state of Missouri. way the river is managed. They have water to irrigate 1 million acres in Compromise is important. Com- upset the ecosystem. They have caused your State. promise is an art. But it is not just in a series of problems for plants and for So those were the costs and the bene- this Senate Chamber. In the Missouri animals and for mankind. fits. Our cost? Our cost was the one- Basin Association, there is not the We can do better. That is the purpose half million acre flood that came and ability to compromise on the funda- of this issue of rewriting the master stayed forever. mental issue of how you rewrite the manual. It is said that rewriting the Now we have the cost. Take a plane master manual with respect to the Mis- master manual will mean that less at- and fly over it, and you will find the souri River. tention will be paid to downstream cost. It is there. That big old body of I have talked a little about the barge traffic. The downstream barge water is there. So we have a permanent Rhode Island-sized flood that came and traffic is a minnow compared to the up- flood. As a result of that permanent stayed in my State. Let me talk for a stream tourism, recreation, and fishing flood, some of the folks downstream do moment about this river. industries, which are a whale. We are not get flooded in the spring. And some Lewis and Clark went up that river. talking about less than $10 million of those wonderful cities downstream In the years 1804, 1805, they took compared to nearly $80 million in in the springtime, late in the day, keelboats and went up that river. It is terms of impact. Yet the Corps of Engi- when the shafts of sunlight come a fascinating story. My colleague from neers manages this river as if the through the leaves or trees, they can South Dakota mentioned just a bit of downstream barge traffic is some co- gear up and play a good softball game it, but the story is really quite remark- lossus. It is not. It is a relatively small because there is no flooding. Good for able. Captain Lewis, Mr. Clark, and one amount of economic activity that has them. That is their benefit. They have of the world’s great expeditions—what been shrinking. the benefits. We have the flood. But we a remarkable thing they did. Upstream, the interest in recreation, never got the rest of what was prom- Thomas Jefferson actually, with an tourism and fishing has been growing ised to us. appropriation of $2,000 that was not dis- and growing. Yet the river is managed

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7863 as if it was yesterday in terms of eco- Then 12 years later, we are still have said it. The Senator who is the nomic circumstances and con- standing here talking about whether or prime sponsor has indicated he wants a sequences. That is wrong. not the master manual ought to be vote. We will have one. I have heard the discussions today completed. Of course, it ought to be The PRESIDING OFFICER. Without about the spring rise and split naviga- completed. What on earth can we be objection, it is so ordered. tion, all the myths about that. The thinking about. Twelve years is far too Mr. REID. Mr. President, the Senator fact is, even with the spring rise, most long. We ought to be ashamed of our- is absolutely right. There has been of the navigation traffic would be unaf- selves, the Corps and the Congress, such significant progress made. This fected, the downstream reaches. Even that it takes more than a few years to vote is more of a celebration of the with the proposed change in the master revise a master manual. Maybe we will great progress made. I don’t know of manual, and managing this river the give it 5 years. How about 7? Maybe 10 anyone who is going to object to this way it ought to be managed, 99 percent years or 11. But you can’t do it in 12? vote. There may be someone I don’t of the flood protection would be avail- You need more time than that? What know. I would say this is just a cul- able to downstream States. kind of thinking exists that says you mination of days and days of delibera- Some of us have exhausted our pa- need more time than 12 years to revise tions. tience. We get all the cost and vir- a master manual on how to run a river? As I indicated earlier, there have tually none of the benefits upstream. I hope we don’t have to fight a war been staffs working many hours on this Downstream gets all the benefits and some day if that is the thinking that matter. I think the vote is more kind almost none of the cost. Somehow they exists. We ought to be able to do this in of a note of accomplishment, and this have said to us: By the way, we love will be an overwhelmingly positive a sensible way. having the Missouri River run through I will not object to what has been of- vote. our cities, but we don’t want the incon- Mr. DOMENICI. Mr. President, actu- fered here. The majority leader spoke venience of having spring floods. We ally, I don’t know what Senator BOND on behalf of all of us that while he don’t want to interrupt the softball thinks it is, a celebration or whatever. would prefer this issue get resolved, games in the middle of our cities. They What I understand is that I have been and that it is critically important to build a flood up north and you have the around here a while. There are a lot of upstream States, I will not object to flood forever. And by the way, when we reasons to seek a rollcall vote. are short of water, we want your water. this amendment. But this issue should I have begun the practice of not try- And when we have too much, we want not even be here. This is not where this ing to speculate as to why rollcalls are you to store it because we want you to issue should be considered. This issue requested. In some situations, I would be the reservoir that takes all of the should have been behind us, not in not ask for them and Senators insist cost all of the time. front of us. I hope one of these days all on them. Other times, I wonder why Sometimes you almost think that of the States, all eight States and not they don’t because it seems to be such what we really ought to do, if they just seven in the Missouri River Basin a great issue. Senator Bond is entitled don’t appreciate the flood control Association, will get together and help to his request. downstream and they don’t appreciate to resolve the balance in terms of how I yield the floor and have no objec- the benefits they have received, maybe to deal with the intricate, simple, and tion to the unanimous consent. we ought to just dump those dams out complex issues dealing with the man- Mr. REID. Mr. President, I suggest of there and let that water go where it agement of the Missouri River. the absence of a quorum. will. Then see if maybe we do have a I yield the floor. The PRESIDING OFFICER. The master manual that manages this river The PRESIDING OFFICER. The Sen- clerk will call the roll. in a manner that is sensible. Maybe ev- ator from Nevada. The legislative clerk proceeded to eryone will understand there is a ‘‘bal- Mr. REID. Mr. President, I ask unan- call the roll. ance’’ between the interests of the imous consent that the Senate vote in Mr. REID. Mr. President, I ask unan- downstream and the upstream States. relation to the Bond amendment No. imous consent that the order for the In most cases, one would be able to 1013 at 4:45 p.m. this day, with 4 min- quorum call be rescinded. resolve this in a pretty thoughtful way. utes for closing debate prior to the The PRESIDING OFFICER. Without Frankly, the Missouri River Basin As- vote, equally divided between Senators objection, it is so ordered. sociation has some pretty good people BOND and DASCHLE or their designees Mr. REID. Mr. President, we have from every State of the eight States in- and that no second-degree amendment now a half-hour before the vote, ap- volved who have worked pretty hard on be in order prior to the vote. proximately. I hope that those who this issue. Seven of the eight States The PRESIDING OFFICER. Is there have amendments will come over and have pretty much reached agreement objection? offer them. I have had conversations on how to resolve it. One State has not. Mr. DORGAN. Reserving the right to with a couple people, and they said That is the State of Missouri. object, I inquire, has the Bond amend- they were thinking about offering One would hope that perhaps in that ment not been accepted or at least is them. I wish they would because we venue, and perhaps also here in the this a controversial amendment? have a managers’ package we have Senate, we might find reasonable com- Mr. REID. No, this is not. From ev- talked to a number of Senators about, promise to understand that the balance erything we have heard from everybody and we have a number of issues on between cost and benefits of down- we have heard it from, the answer is which we are working. We are not stream and upstream States is some- no. It is just felt it would be appro- going to do that until we have some thing that ought to be a true balance. priate for some to have a vote. end in sight on this legislation. If there Again, this issue is critically impor- Mr. DORGAN. So there is a require- are issues, bring them over. What we tant to us. Our future relates to eco- ment of a recorded vote on a non- will do at a subsequent time, if enough nomic development. Economic develop- controversial amendment. time has gone by and everybody has ment relates to water opportunities. If Mr. REID. Yes. had an opportunity to offer amend- you don’t have water, you don’t have Mr. DORGAN. I do not object. ments—and we believe there are development. It is that simple. We The PRESIDING OFFICER. Is there amendments that are no longer vital to have the development around this flood objection? The Senator from New Mex- be offered if people aren’t willing to that came and stayed forever in our ico. offer them—then we will move to third State, the development of an aggres- Mr. DOMENICI. Mr. President, I reading. sive, vibrant group of industries—fish- won’t object, but I did maybe leave a I recognize that I can’t do that with- ing, tourism, recreation, that of the misinterpretation a while ago when I out the concurrence of the Senator downstream navigation interests. Yet spoke about being pleased that we had from New Mexico; I would not anyway. we are told with this archaic manage- reached consensus after all of these dif- But that is something we can do when ment of the river that somehow it real- ficult times, including last year. I may we have waited long enough with noth- ly doesn’t count for much. We are say- have left the impression that there was ing happening. ing that is not right. So there ensues not going to be a vote required. That The PRESIDING OFFICER. The Sen- this revision of the master manual. was not my prerogative. I should not ator from New Mexico is recognized.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7864 CONGRESSIONAL RECORD — SENATE July 18, 2001 Mr. DOMENICI. As I understand it, ator from Missouri, and with his per- Mr. BOND. Mr. President, I thank my we entered into an agreement to vote mission I will use my 2 minutes and ac- cosponsors and others for supporting on the Bond amendment at a time cer- commodate the Senator’s desire to this amendment, which will get us to a tain. I now speak to Senators on my speak to the amendment prior to the final resolution of this very important side of the aisle. We have the list of the time we have the vote. question. kinds of amendments people are think- Let me say what I said a few mo- In response to some of the comments ing about. I hope that in the next 2 ments ago for purposes of emphasis. that have been made, the record shows minutes a Senator who has an amend- No. 1, I support this amendment. I in 1952, in the authorization, the pro- ment that he really wants to have us think it, again, is a bona fide effort to jection of tonnage was we could have vote on and consider for some extended reach common ground. I attempted to up to 4 million tons on the river by period of time will advise either this do that. Thanks to the distinguished 2010. The latest figures I have are we Senator or Senator REID because we chair and ranking member of the ap- currently move agricultural products ought to go on to another amendment propriations subcommittee, I felt we on the Missouri River equivalent to or two. The Bond amendment will have had done so in a reasonable way. 45,000 transport trucks, fully loaded, at its vote, and it will be disposed of. We Senator BOND goes further and says 80,000 pounds each. That is about 9 mil- need to have something to do. I urge the Corps of Engineers and the Fish lion tons of agricultural products them to consider coming down to talk and Wildlife Service ought to look at moved in a more environmentally about the amendment they would like other options beside spring rise, and friendly and more efficient and more to offer. that is certainly appropriate. We have economical way. I yield the floor. no objections. With respect to the work we do to en- Mr. REID. Mr. President, I suggest My hope is that we can maintain this hance conservation, wildlife habitat, I the absence of a quorum. position in the final conference on the note Missouri spends about $141 million The PRESIDING OFFICER. The appropriations bill. I hope on a bipar- on fish and wildlife. I outlined in my clerk will call the roll. tisan basis, given the kind of strength remarks all the steps we have taken. I The assistant legislative clerk pro- this amendment will clearly dem- hope the managers of the bill will find ceeded to call the roll. onstrate, that we can do that. it in their hearts to be able to fund the Let me just make three points about Mr. DORGAN. Mr. President, I ask Mississippi and Missouri River Habitat the issue. The first point is that Amer- unanimous consent that the order for Program that we authorized several ican Rivers and other organizations the quorum call be rescinded. years ago that enables us to continue have singled out the Missouri River as The PRESIDING OFFICER. Without the single most endangered river in the to make improvements in the river objection, it is so ordered. country. This issue is not just about that do not affect the multiple uses of Mr. DORGAN. Mr. President, I know pallid sturgeons. It is not just about the river but make it much more we are on the energy and water appro- endangered species. It is about an en- friendly and supportive of the pallid priations bill. I ask unanimous consent dangered river. It is about a future for sturgeon, the least tern, the piping to speak for 10 minutes as in morning a river that is in great peril. plover, and other endangered species. business with the proviso that if some- Second, this issue is about a master My position is simply that the Gov- one shows up and wishes to speak on manual that is over four decades old, ernment should be preventing floods, the bill, I will be happy to relinquish that needs to be revised to recognize not forcing floods on people. We have the floor. how endangered this river really is. an opportunity to ensure good trans- The Senator from New Mexico is There has been an extraordinary effort portation for farmers. We expect, under here, and I know he is anxious for peo- made to find a way to recognize the this new rule, we can have the Fish and ple to offer amendments. I say to him need for change in the way the river Wildlife Service and the Corps of Engi- that if someone shows up and wishes to has been managed. I believe they have neers listening to the people who are offer an amendment, I will relinquish done a good job. I believe when the affected and develop a plan that does the floor and finish my statement an- Corps asserts they can control 99 per- not force a spring rise down our other time. cent of the flooding, as they do now, we throats, that does not force flooding on Mr. DOMENICI. I thank the Senator. ought to believe them. But I am pre- the Missouri River, that does not take There may well be someone in par- pared to go beyond that, to find addi- away our potential for hydropower, ticular, Senator BOND. I do not want tional ways to accommodate those that does not cut off river transpor- him to have to wait if he arrives in the downstream even though we are being tation that is vitally important for our next 10 minutes. flooded out each and every day. There farmers. I yield the floor. are 200 homes in Pierre, SD, that are I thank all who have worked with us The PRESIDING OFFICER. Without being flooded out. And the families who on this amendment. I urge a strong objection, it is so ordered. own these homes are now being moved. vote because I believe this finally puts (The remarks of Mr. DORGAN are So we know about floods. us on a path, not where we are saying printed in today’s RECORD under Finally, let me say if we do not re- you cannot resolve the issue this year, ‘‘Morning Business.’’) solve this issue, the courts will. This but this outlines a procedure that I be- Mr. DORGAN. I yield the floor and will be tied up in the courts for a long lieve can allow sound science to give us suggest the absence of a quorum. time to come. We are not going to be the right answer that achieves all of The PRESIDING OFFICER. The able to avoid this issue. This issue will the purposes legislated for the Missouri clerk will call the roll. be dealt with. It will be resolved. The River, including the preservation and The bill clerk proceeded to call the question is, ‘‘Do we do it with Fish and recovery of endangered species. roll. Wildlife with the assistance and over- I ask my colleagues to support this Mr. DASCHLE. Mr. President, I ask sight of the Congress, or do we do it in amendment. unanimous consent that the order for the courts?’’ The PRESIDING OFFICER. The time the quorum call be rescinded. I hope we can move on and recognize of the Senator has expired. The PRESIDING OFFICER. Without that in spite of our passionate, deeply Mr. BOND. Mr. President, I ask for objection, it is so ordered. held feelings, it is important for us to the yeas and nays. Mr. DASCHLE. Could the Presiding find common ground. This amendment, The PRESIDING OFFICER. Is there a Officer inform the body as to the unan- in my view, moves us closer to that sufficient second? imous consent agreement entered into goal. While we have different positions There is a sufficient second. with regard to the final comments on on the issue of how the master manual The question is on agreeing to the Bond amendment? should be written, we certainly do not amendment No. 1013. The PRESIDING OFFICER. There have different positions on the need to The clerk will call the roll. will be 4 minutes evenly divided and resolve this matter. The PRESIDING OFFICER (Mr. NEL- proceeding to a vote at 4:45. I yield the floor. SON of Nebraska). Are there any other Mr. DASCHLE. Since it is now 4:40, I The PRESIDING OFFICER. The Sen- Senators in the Chamber desiring to consulted with the distinguished Sen- ator from Missouri. vote?

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7865 The result was announced—yeas 100, We have just had a vote on the first big pieces of time for other things dur- nays 0, as follows: amendment offered. We have been on ing each of the days that this bill has [Rollcall Vote No. 237 Leg.] the bill all week and the vote was 100– been up, so that on Monday we had a YEAS—100 0. I hope we can move to the more sub- little time but no votes; Tuesday, yes- Akaka Durbin McCain stantive issues that have to be resolved terday, we didn’t start on this bill Allard Edwards McConnell before we can bring the bill to closure. until after noon, and this morning we Allen Ensign Mikulski But we will be in later this evening and finished our memorials and started at Baucus Enzi Miller tomorrow and tomorrow evening in 11 o’clock. Bayh Feingold Murkowski Bennett Feinstein Murray order to accommodate Senators who So while it may seem that we were Biden Fitzgerald Nelson (FL) wish to offer amendments. here the whole time, we have not been Bingaman Frist Nelson (NE) After this, of course, we still have on the bill that whole time. This would Bond Graham Nickles Boxer Gramm the Transportation bill that we have to be a very short number of hours. None- Reed Breaux Grassley bring up. There is a lot of work left to theless, I will work with our Members, Reid Brownback Gregg be done for the week. If Senators will and I don’t think anybody is intending Bunning Hagel Roberts Burns Harkin Rockefeller cooperate and work with us, we can to delay matters. We just put them off Byrd Hatch Santorum complete our work on this bill. This is when, in fact, we have long lists, won- Campbell Helms Sarbanes a very good bill. Senators have done a dering who is going first. There are not Cantwell Hollings Schumer good deal of work to get us to this a lot of amendments that people say Carnahan Hutchinson Sessions Carper Hutchison Shelby point. I think it is a fine product, but they want to vote on. There are a lot of Chafee Inhofe Smith (NH) we need cooperation from Senators in amendments that are going to be ei- Cleland Inouye Smith (OR) order to finish. ther in the managers’ amendment or Clinton Jeffords Snowe As the Senator from Nevada has are not going to be taken care of. Sen- Cochran Johnson Specter Collins Kennedy Stabenow noted, we are looking for people who ators know that. I will try to get two Conrad Kerry Stevens can offer amendments. I know the Sen- or three more lined up if we can pro- Corzine Kohl Thomas ator from Alaska is planning to do that ceed with this one now. Craig Kyl Thompson Crapo Landrieu now. I am hopeful that we can do more I yield the floor. Thurmond Daschle Leahy of that tonight before we complete our The PRESIDING OFFICER. The Sen- Torricelli Dayton Levin Voinovich work for this evening. ator from Alaska is recognized. DeWine Lieberman The PRESIDING OFFICER. The Sen- Dodd Lincoln Warner Mr. MURKOWSKI. In the spirit of co- Domenici Lott Wellstone ator from New Mexico has the floor. operation, after listening to the major- Dorgan Lugar Wyden Mr. DOMENICI. Mr. President, I ity leader, I would be happy if the The amendment (No. 1013) was agreed yield to the Senator from Massachu- other side took the amendment and we to. setts to ask a question. would not need to have a vote. We are Mr. BREAUX. Mr. President, I move Mr. KERRY. I wanted to ask some- willing to do that on this side, but not to reconsider the vote. thing of the majority leader. It is my on the other side. I hope after my ex- Mr. DURBIN. I move to lay that mo- understanding that the majority leader planation there will be a reconsider- tion on the table. made it quite clear at the beginning of ation and we will not have to have a The motion to lay on the table was the week that there was an agenda that vote. However, if we don’t get accepted, agreed to. needed to be accomplished if indeed the we will press for a vote. Mr. REED. Mr. President, I suggest Senate intended to not be here on Fri- AMENDMENT NO. 1018 the absence of a quorum. day. It is my understanding that, at Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The the pace we are moving, there is a clar- clerk will call the roll. send an amendment to the desk. ity to the fact that unless this changes, The PRESIDING OFFICER. The The assistant legislative clerk pro- we will be here until late Friday and ceeded to call the roll. clerk will report. all of Monday voting; is that accurate? The legislative clerk read as follows: Mr. DOMENICI. Mr. President, I ask Mr. DASCHLE. The Senator is cor- The Senator from Alaska [Mr. MURKOWSKI] unanimous consent that the order for rect. We will have to be here later than the quorum call be rescinded. proposes an amendment numbered 1018. normal on Friday afternoon, and we The PRESIDING OFFICER. Without Mr. MURKOWSKI. Mr. President, I will be here on Monday as well. We objection, it is so ordered. ask unanimous consent that further have no choice. We have to continue Mr. DOMENICI. Mr. President, I un- reading of the amendment be dispensed our work. This will accommodate the derstand we are looking for somebody with. consideration of the bills that have to to offer an amendment that can be de- The PRESIDING OFFICER. Without be disposed of. bated tonight and voted on tonight. objection, it is so ordered. Last year, eight appropriations bills Senator MURKOWSKI is ready to proceed The amendment is as follows: with an amendment. We have one had passed by the end of July. Thus far, we have only passed one in the Senate. (Purpose: To provide grants and fellowships scheduled after it, but I will try to de- for energy industry workforce training and termine if we can find some additional So we have a lot of work to do just to to monitor energy industry workforce amendments. catch up with what we did last year. So trends) Mr. REID. Mr. President, the major- our effort to do that will go unimpeded, On page 12, line 19, strike ‘‘$732,496,000’’ and ity leader is in the Chamber, if I could and we will do the best we can, given insert ‘‘$722,496,000’’. have his attention. the schedule we have. We have a lot of On page 19, line 2, strike ‘‘$3,268,816,000, to Senator DOMENICI just advised that work to do this week. remain available until expended.’’ and insert there was an amendment ready on Mr. KERRY. I thank the majority ‘‘$3,278,816,000, to remain available until ex- which we could have a vote tonight. I leader. pended: Provided, That $10,000,000 shall be want to say in the presence of the ma- Mr. DOMENICI. Mr. President, let me provided to fund grant and fellowship pro- grams in the appropriate offices of the De- jority leader that as the manager of state in the presence of the majority leader that nobody is more interested partment of Energy to enhance training of this bill and having heard what he has technically skilled personnel in disciplines said the last several days, we really in getting the bill completed than the for which a shortfall of skilled technical per- need to do more than just one amend- Senator from New Mexico. I remember sonnel is determined through study of work- ment. I am glad we are moving for- one year when this bill was vetoed over force trends and needs of energy technology ward. I extend my appreciation to the an amendment that was debated in this industries by the Department of Energy, in Senator from New Mexico. We need to Chamber. The distinguished majority consultation with the Department of look at completing this bill tonight, if leader remembers that. It was a pretty Labor.’’. it is possible. Would the leader agree? onerous situation to veto an entire bill Mr. MURKOWSKI. Mr. President, Mr. DASCHLE. Mr. President, if the over the Missouri River. this amendment makes appropriations Senator will yield, I appreciate very We have not been on this bill very for energy and water development for much the work of the chairman and long because if you want to recall with the fiscal year ending September 30, ranking member. me, what happened is you carved out 2002, specifically providing that $10

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7866 CONGRESSIONAL RECORD — SENATE July 18, 2001 million shall be provided to fund grant engineering or science degrees. We and hope the hearing scheduled on and fellowship programs in the appro- must act now. I have worked with Sen- Thursday will be helpful as she pursues priate offices of the Department of En- ators DOMENICI and BINGAMAN, and I this goal. ergy to enhance training of technically agreed they were right to include However, one scheduled hearing is skilled personnel in disciplines for workforce considerations in their en- certainly not adequate in my mind to which a shortfall of skilled technical ergy proposals. This is a vital but un- justify the $20 million requested by the personnel is determined through study recognized part of energy strategy. administration, much less the $20 mil- of workforce trends and needs of en- Recognizing the urgent national need lion added by the subcommittee. ergy technological industries by the we face, I propose that we provide suffi- Mind you, it was $20 million by the Department of Energy, in consultation cient funding to finally get this pro- administration, and an additional $20 with the Department of Labor. gram started. Mr. President, $10 mil- million was added by the sub- The purpose of the amendment is to lion will allow the Department of En- committee. What we are proposing to address realities associated with the ergy to begin the program, conduct the do is to take $10 million of the addi- area of energy and to focus in on the initial needs assessment, and fund a tional $20 million, so it will still leave energy crisis in this country. To a few of the fellowships that are nec- $30 million, which is $10 million more large degree, that crisis exists because essary in the necessary priorities. than the administration proposed. of inadequate training capabilities I would have preferred to bring this In addition, one hearing is not likely within the energy area. program to the floor of the Senate in to provide enough information to learn The amendment would monitor conjunction with comprehensive en- as much as is necessary to move on a workforce trends across the energy in- ergy legislation, but we are still re- 30-year project that is estimated to dustry. It would provide $10 million for viewing several proposals, still holding cost in the first 7 years alone some $8 DOE grants and fellowships to colleges hearings, with the hope of action later billion. Clearly, this is a project that and universities to remedy workforce this year. should be authorized by the committee shortages. It would develop the energy I hope we can adopt this amendment of jurisdiction. workforce of the future. now and get started and develop a fully I wonder how many Senators in the This amendment takes $10 million authorized, fully funded program as we Chamber today can tell me on what from the increased funding proposed consider comprehensive energy legisla- some of that $8.5 billion will be spent. In funding the CALFED program, the for the CALFED program. I want to tion. committee report contains some rather identify for my friend, the senior Sen- I urge the adoption of this amend- interesting language. First, the com- ator from California, that these are ment to develop the energy workforce mittee report notes that: funds coming from the increased fund- of the future. In order to fund this ing proposal. I recognize the sensitivity critically needed education program, I The appropriate authorizing committees of to the senior Senator from California Congress should thoroughly review and spe- am proposing to take $10 million from cifically reauthorize the CALFED program. of the CALFED program. I also direct funding from the CALFED bay-delta I believe Senator FEINSTEIN has your attention to the fact that this program in California. This program, program has never been authorized by started us along that path with S. 979 just like last year, has no authoriza- and Thursday’s hearing. the Energy and Natural Resources tion, as I have indicated. Committee, which is an appropriate Second, the committee rec- Last year, the Appropriations Com- ommended: procedure. mittee refused to fund CALFED, and I I welcome that authorization. I No funding under the California Bay-Delta think it should consider the merits of would welcome the opportunity to Ecosystem Restoration Project. this amendment this year. I am not un- work with my friend from California, This is where things get a little sympathetic, as I have indicated, to perhaps, to find these funds in some tricky. In the next paragraph of the re- the water needs of the Western States. other area. In any event, what we do in port, the committee provides an addi- When I was chairman of the Energy the amendment is redirect these funds tional $20 million over the budget re- and Natural Resources Committee, a to address what we consider a critical quest for the Central Valley Project: number of important water projects need for our Nation’s energy security Additional funds to support the goals of and the next generation of energy were authorized: the Garrison project CALFED are provided as follows: workers. in North Dakota; the Lewis and Clark Then the report goes on to list all I recognize the CALFED program is a Rural Water System; the Animas- kinds of projects with very little expla- water program, but I also point out LaPlata project, and several others nation that should be undertaken in that we are taking this from the in- perhaps not as expensive as these. the CVP to support the goals of creased funding for CALFED. What these projects had in common CALFED. As we talk about national energy were, A, many, sometimes agonizing, To understand the irony of this, I policy—supply, demand, and infra- years of study and negotiation; B, nu- have one more quote from the com- structure—I think we also have to con- merous Senate hearings spanning sev- mittee report: sider the realities associated with the eral Congresses; C, most important, The committee has consistently expressed inadequacy of the workforce. Who is they were all authorized by the com- concern regarding the duplication and over- going to develop and deploy the new mittee of jurisdiction, the Energy and lap of CALFED activities with Central Val- energy technologies we are going to Natural Resources Committee. ley Project Improvement Act programs and need for the future? Even now, we find CALFED has done none of this—no other activities funded under various other the Nation is unable to meet current hearings in the Senate ever, although I programs within the Bureau of Reclamation. labor needs and trends for the future. point out we do have our first CALFED It seems to me by not funding The forecast is ominous. hearing scheduled for this Thursday CALFED, then pulling money from Enrollment in petroleum engineering afternoon in Senator DORGAN’s Water CVP, the committee is fostering the has dropped 28 percent in the last dec- and Power Subcommittee. very confusion and overlap about ade. Geoscience enrollment is down 32 When CALFED was first authorized which concern has been consistently percent. Enrollments in nuclear engi- in 1996, no hearings were held; $430 mil- expressed. If we are providing funds neering have declined by 60 percent in lion over 3 years was put in the Omni- from the CVP, the CVP contractors the past 10 years. Two-thirds of our nu- bus Parks Act of 1996, which I man- should receive the benefit. Yet a cen- clear faculty are older than 45; 76 per- aged, to begin a process to address tral focus on the CALFED proposal is cent of U.S. nuclear workers and 51 California’s complex water problems. that proposals, such as raising the percent of geophysicists are within 10 But that authorization expires at the Shasta Dam or enlarging the Los years of retirement. There are few re- end of fiscal year 2002. Vaqueros Reservoir, should not be used newable energy and energy-efficiency Senator FEINSTEIN has introduced a to offset the 1.2 million acre foot reduc- programs but large potential needs for bill, S. 979, to authorize the actions tion in CVP yield as a result of the skilled workers to meet the demand. recommended in the RECORD of Deci- CVPIA. Several years are required to train sion last summer. I commend her for I am not proposing we completely highly skilled workers with advanced her efforts on this important project eliminate the funding proposed under

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7867 this bill, but I am asking that a por- He mentioned that there is no au- relation to population, compared to tion of the increase be redirected to thorization. CALFED was authorized, their 34 million, but we have some of critically needed educational pro- he is correct. The authorization has ex- the same problems they have. Water is grams. pired. Tomorrow we have a hearing in one of them. The bay-delta project is I also suggest that the appropriators, the committee on a bill he mentioned an extremely complex, difficult prob- when they get to conference, ensure which I have authored to provide the lem. The State of California has recog- that whatever they fund is directed to- necessary authorization. There are nized it is a difficult problem. It has ward the purposes of the original au- three bills in the House. spent billions of dollars of California thorization. I believe we are going to authorize taxpayers’ money to solve these prob- The benefits of raising Shasta Dam this project. Not to do so would be a lems. should go to the water and power users terrible mistake. I believe, this subcommittee believes, of the CVP, even if there are collateral I must correct the Senator on one and I think the Senate will believe, we, benefits to the CALFED process. point. He mentioned $8 billion in the the Federal Government, have an obli- If you want to pick a particular as- authorization. This is not correct. Al- gation to help. This money we are ap- pect of the subcommittee that should though the bill says ‘‘such sums as may propriating is a very small amount of not be funded, I support cutting the en- be available,’’ the fact is the Federal money, considering the tremendous vironmental water account. Maybe share would be $3 billion and the State burden the State of California has to that is a good idea, but that is why we share $5 billion. meet their demands. Many of these are holding a hearing on S. 979. The point of what I am trying to do problems were created by the Federal Mr. President, that concludes my in the authorization bill is have all seg- Government. The Bureau of Reclama- statement. I yield the floor, and I will ments of the project—the ecosystem tion has been up to their hips in water. be happy to respond to any questions. restoration, which is necessary for fish, Many of the problems that California The PRESIDING OFFICER. The Sen- the environmental water account, has had have been created by virtue of ator from California. which is there to avoid an additional the Federal Government being involved Mrs. FEINSTEIN. Mr. President, I re- takings issue, as well as the storage in one way or another. gret that I have to strongly oppose the and the water quality improvements— The committee believes, of course, amendment of the distinguished Sen- moved together concurrently so there the appropriate authorizing commit- ator from Alaska. I recall both in the is a balanced plan to move on the Cali- tees of Congress should shortly review and authorize the programs. We agree committee and in the Senate Chamber fornia water issue prior to the time it with the distinguished Senator from hearing the distinguished Senator from becomes a real crisis and the fifth larg- Alaska that should be the case. They Alaska talk about supply, particularly est economy on Earth is put out of are in the process of doing that, as has in view of the electricity and natural business. been indicated by the Senator from gas portion of the energy crisis that I plead with the Senator from Alaska Alaska and the Senator from Cali- faces this Nation. not to take these dollars, particularly One of the things we in California fornia. from the storage project. Unless we can However, in what we have appro- have learned is that the electricity cri- take water from the dry years and save sis is a forerunner of what is going to priated, it is important to keep the that water and use it for the wet years, Federal Government involvement. I op- happen with water. California has no chance of solving its pose the amendment being offered by California has 35 million people. It is problem. We have 34 million people, the largest high-tech State and the my friend from Alaska. I agree it is im- projected to be 50 million people, and portant to invest in the future of our largest agricultural producing State. It we have the same basic water infra- energy workforce. I believe that very has a need for high-quality water for structure we had when we were 16 mil- much. I believe his amendment, as far high-tech, and it does not have enough lion people. That is why this isn’t as what he is trying to accomplish, is water. going to work. excellent. I think the offset he has Just last week, this Senate debated The chairman of the committee, the identified is inappropriate. the Klamath with an endangered spe- distinguished Senator from Nevada, My friend from Alaska correctly cies issue involving both the coho has worked very hard to be helpful. I notes the worker training program is salmon and the suckerfish. The Bureau am enormously grateful to him. He has subject to future authorization in his of Reclamation had to cut off water for worked in a prudent way to meet the committee as is CALFED. However, farmers, and 1,500 farmers on both sides need, I think knowing we are going to this subcommittee, I repeat, has been of the Oregon-California border essen- be able to produce an acceptable au- very careful to fund only those tially could not plant. thorization vehicle in this session. CALFED programs that existed as au- This is not going to be an isolated in- Once again, I am willing to work thorizations under other programs. cident. We are going to see this happen with the Senator from Alaska. I am CALFED is desperately important to up and down the Central Valley if we willing, as an appropriator, to try to the bay area and is important to the do not act smart, if we do not work help find other funds. His project is whole State of California. smart, if we do not move to improve worthy. His offset is not. I oppose any changing of the mark at the water supply, to work smarter on I yield the floor. this time. It is an appropriate level of the big pumps on the California Water The PRESIDING OFFICER. The Sen- funding dealing with the population project, if we are not able to recharge ator from Nevada. growth of the largest State in the our ground water and, respectfully, if Mr. REID. Mr. President, the sub- Union, 34 million people and growing. we are not able to take from the wet committee was very cautious to make As the Senator from California has in- years and store that water to use in the sure that anything we did did not dicated, it is the fifth largest economy dry years. interfere with the jurisdiction of the in the world. It is the largest agricul- The Senator is precisely going after Energy Committee. The ranking mem- tural State in America. We hear a lot this money so that we cannot build the ber, Senator MURKOWSKI, is in the about the farm States. Rarely is Cali- storage we need. The three projects Chamber. Everything we have appro- fornia included in those, but they are that he mentioned: Raising Shasta priated money for is related to things an immense producer of agricultural Dam—that is a dam that is already that have been authorized. We are not products. We in the West appreciate there—raising the Los Vaqueros Res- appropriating money that has not been very much the fruits and vegetables ervoir, which is for reasons of water authorized, and we went to great ex- that come from the State of California. quality. There is a need for water qual- tremes to make sure we did that. The commodities are great. Much of ity both for the people in the area as I am, some say, the third Senator that comes from this area of the coun- well as what is supplied to the high- from California. I am happy to be in try. Agricultural needs of California tech industry. That is Los Vaqueros. that category. Because it is such a are threatened if we don’t provide this And the third is a delta wetlands huge State, they need all the help they money. project to provide water for the Central can get. We in Nevada are a neighbor of One of the things we have not talked Valley water community. the State of California. We are small in about that we need to talk about is the

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7868 CONGRESSIONAL RECORD — SENATE July 18, 2001 ecosystem itself. I admire what the a significant difference here between The senior assistant bill clerk pro- State of California is trying to do. The funding this workforce effort and hav- ceeded to call the roll. State of California in years past has ing had a hearing on it and not having Mr. REID. Mr. President, I ask unan- created economic and environmental had any hearings on the CALFED imous consent the order for the disasters in the State of California. issue, as proposed in this legislation. quorum call be dispensed with. The State of California, to its credit, is The dollars are not specifically taken The PRESIDING OFFICER. Without trying to correct this. We, the Federal from an individual project, only from a objection, it is so ordered. Government, should join in trying to larger overall account. I am happy to Mr. REID. Mr. President, I ask unan- help them. support appropriations once a proposed imous consent that the time until 6:15 I will try to work with my friend authorization is completed, and I today be equally divided and controlled from Alaska. It is my understanding would work with the Senator from between Senators REID and MUR- that the chairman of the committee California to address from where those KOWSKI; that no amendments be in also likes very much this program funds might come. But the bottom order prior to the vote in relation to dealing with worker training. I think line—and I encourage my colleagues the amendment; that at 6:15 the Senate that is important. I would like to work and those who are monitoring this de- vote in relation to the amendment with him to try to accommodate this bate to recognize the realities—is the with no intervening action; and that new program for workers in conference. administration requested $20 million. the Senator from Nevada allocate 10 I will try to do that. What did the Appropriations Com- minutes that I have to the Senator I am aware, as I indicated, that we mittee do? They said no. They said no from California, Mrs. BOXER. have a situation where the chairman because CALFED is not authorized. The PRESIDING OFFICER. Without and the ranking member agree on this, Instead, the Appropriations Com- objection, it is so ordered. as they agree on a number of issues. I mittee put $40 million into the CVP, If no one yields time, time will be honestly believe we have stayed out of which is a separate California project. charged to both sides. the authorizers’ jurisdiction in this But the intent was to spend it on the The Senator from California. Mrs. BOXER. Mr. President, I rise to matter, and I will ask at the appro- CALFED project. It is kind of a sleight address the amendment before us. Is priate time for the Senators to support of hand, if you will. I do not mean this that in order at this time? this motion to table that I will make in a derogatory way, but when you The PRESIDING OFFICER. The Sen- at a subsequent time. look at the $20 million the administra- ator is recognized. The PRESIDING OFFICER. The Sen- tion requested and the Appropriations ator from Alaska. Mrs. BOXER. Mr. President, because Committee said no because CALFED is I was preparing for this debate, I do not Mr. MURKOWSKI. Let me make a not authorized, then the Appropria- couple of observations. In arguing know exactly the time I have been al- tions Committee put $20 million into lowed. May I be informed? against the amendment, it is somewhat CVP, so they basically doubled the ironic that the two Senators probably The PRESIDING OFFICER. The Sen- amount that was requested by the ad- ator has 8 minutes. have as much exposure as any Members ministration. who come from States where there is Mrs. BOXER. I thank the Chair. What we are talking about here is Mr. President, I am really dis- either a risk or an exposure to elec- not taking anything beyond what the appointed that we have this amend- tricity blackouts. Clearly, training a administration requested, which was ment pending which would take $10 new generation of energy workers sug- $20 million. They got $40 million in the million out of a $40 million appropria- gests we need the best engineers in the CVP. We are talking about taking $10 tion that my colleague Senator FEIN- world to create the best energy devel- million to fund the workforce effort in STEIN has worked hard to get for the opment, the best delivery system. That the Department of Energy. Clearly, the California water, I would say, near cri- will help fund the solutions to the CVP would have $10 million more than States’ problems, particularly Cali- sis. the administration requested. Instead We have a process in California fornia. of $40 million, they would have $30 mil- I remind my friend from Nevada, the called the CALFED process. I think a lion. So I think that is an adequate ex- lot of our States could learn some good floor manager, and the distinguished planation of the points brought up. senior Senator from California, we are lessons from this process. Why do I say Again, I have the deepest respect for that? Because we all know that ques- not creating a new program. We are the senior Senator from California and not creating a new program that re- tions about water, when it is in short for the floor manager, the senior Sen- supply, can be extremely contentious. quires authorization. We are directing ator from Nevada. Having gone to funding to the DAO Office of Science to We certainly know water is the staff of school in California, having familiarity life. People need it to live. We cer- carry out this important function as with the necessity of California’s pro- tainly know that water and the free opposed to what we are doing relative ductivity related to water, I suggest we flow of water is important to our wild- to the California issue. proceed with this process through an life, to our environment, unless we be- As far as the CALFED issue is con- authorization in the committees of ju- lieve we can abandon being good stew- cerned, I agree California needs to ad- risdiction, including the Energy and ards of the environment and forget dress its problems with the help of the Natural Resources Committee, and I about the wildlife, about endangered Congress. However, they must do so in will pledge to the delegation from Cali- species, and suddenly have a cir- a process that is customarily laid out fornia my effort, and that of the profes- cumstance where we have fishermen in procedure before this body. I am sional staff, to work toward the end to worried they cannot fish. We certainly happy to help the Senator from Cali- meet the legitimate needs of Cali- fornia with her concern, but the Senate fornia. But I think we need to adhere know we need the water for our farm- has never, ever, ever, ever held a hear- to the process. ers. ing on the proposals mentioned here. It is my understanding there has The reason Senator FEINSTEIN has That is significant itself. Many Sen- been an effort to try to reach con- worked hard on this appropriation is ators in this body assume there is a sensus on a vote, perhaps at 6 o’clock we did not have an appropriation last process where we hold a hearing, we do or shortly after? year. We have to move this process for- an evaluation, and we hear from wit- Mrs. BOXER. I object to 6 o’clock. ward. We cannot abandon this very nesses on the merits of the proposal. Mr. MURKOWSKI. I hear the Senator carefully balanced approach which I There has been no explanation offered from California objecting. I am not think has worked so well. We will have as to why we have not had a hearing. I asking for a unanimous consent. I was a reauthorization; that is clear. But recognize there will be a hearing to- making an inquiry. Again, I encourage the bottom line is we have many times morrow. We have held a hearing on recognition of the necessity of author- appropriated funds where there was no workforce needs, specially nuclear ization on this matter. authorization, where we had a history, workforce needs in the Energy Com- Mr. REID. Mr. President, I suggest a good history, with the project as we mittee. the absence of a quorum. have had with CALFED. This impor- So we have some reasonable ref- The PRESIDING OFFICER. The tant process would be harmed if the erence point to justifiably say there is clerk will call the roll. Murkowski amendment were to pass.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7869 Why do I say that? I refer you to the that this appropriation move forward. I function of technical training in the bill where we have very carefully ex- am very hopeful that we will have State. plained it. My colleagues are again to unanimous support from our side of the I yield the floor. be commended, for this spells out ex- aisle as well as support from the Re- Mr. DOMENICI. Mr. President, I rise actly where these funds will go. Yes, publican side. to compliment the distinguished Sen- we have an environmental water coun- As my colleague has well stated, we ator from Alaska on what his amend- cil, which my colleague from Alaska are fighting for every dollar. The en- ment will do. talked about without seeming to praise ergy subcommittee listened. I think it There is no question that the Depart- it very much. But it is crucial because is a fact that the money in this appro- ment of Energy is now engaged in a if we can take care of that particular priations bill is extraordinarily impor- transition period as we prepare for new part of the equation environmentally, tant. I believe that unless we can move technologies, both in conservation and it will free us up to get more water aggressively to build an environ- in the production of electricity and storage to be able to take care of the mentally sensitive water infrastruc- other aspects of energy consumption in other users. ture in our State, there is no way we our country. The money that is in this bill is not are going to be able to meet the chal- His amendment supplements a por- put there lightly. My colleague from lenges of the future. tion of this bill which continues to California understands the needs of the This is a beginning. fund college programs in the area of country. But every single appropria- I thank the Chair. I thank the chair- nuclear physics and related matters. tion is spelled out very clearly and man and my colleague. He brings it down to creating some very carefully. As I read it, most of I yield the floor. openings for internships to get in- this will go in terms of numbers for The PRESIDING OFFICER. The Sen- volved in this kind of technology and projects to find water for the farmers. ator from Alaska. training. I think it is a rather inter- And, yes, we have an environmental Mr. MURKOWSKI. Mr. President, I esting approach to this changing pe- council that will take care of that set- am certainly sensitive to the consider- riod. He discussed it with me. I urged aside. ations of my two friends from Cali- him to proceed with reference to this We know what it is to go through fornia. I would like to correct the idea. water wars in California. We know record in one sense. We are not talking I urged that we not support the mo- what it is to go through electricity about a reauthorization; we are talking tion to table and that we permit this wars in California. We know what it is about an authorization that has never new idea to be approved with reference to have people pointing fingers back taken place. While there are exceptions to the kinds of skills that are nec- and forth about who is to blame. We from time to time, it is the general essary to make the transition, and see also know that the CALFED process rule that we authorize these projects. whether it will work, along with other works. It is very important that we This is a complex project. Again, I re- programs that we are now funding out hold it together. It is very balanced. mind my colleagues that the Appro- of the Department of Energy. As my colleague and I seek to get re- priations Committee during this proc- I yield any time I may have. authorization, we are trying to be as ess increased over the administration’s Mr. REID. Mr. President, I move to one as we go forward. But we certainly proposal from $20 million to $40 million table the amendment offered by the have one goal, and that is to be true to total. As a consequence, to take $10 Senator from Alaska, and I ask for the the CALFED process. We will in fact be million away is still giving this project yeas and nays. sending a very bad signal this evening $10 million more than originally pro- The PRESIDING OFFICER. Is there a if this appropriation is reduced. posed by the administration. sufficient second? This funding is needed. This funding Again, let the record note specifi- There is a sufficient second. is important. This funding sends a sig- cally that the administration re- The yeas and nays were ordered. nal to all stakeholders—be they urban quested $20 million. The appropriators Mr. REID. Mr. President, I suggest users or farmers or environmental- said no. Why did the appropriators say the absence of a quorum. ists—that their goals are important; no? They said no because CALFED is The PRESIDING OFFICER. The we will come behind those goals with not authorized. clerk will call the roll. funding. I think it will be in fact very That is the only real reservation the The assistant legislative clerk pro- detrimental to the CALFED process if Senator from Alaska has. I do that as ceeded to call the roll. the Senate sends this kind of signal to- the ranking member and former chair- Mr. REID. Madam President, I ask night. man of the committee of jurisdiction. I unanimous consent the order for the This is not controversial. We talk have no other reason, no other motiva- quorum call be rescinded. tion, because I am sensitive to the about water. Water in itself always The PRESIDING OFFICER (Ms. STA- water needs of California. Instead, the brings up controversy. But the BENOW). Without objection, it is so or- CALFED process to date has been very appropriators put $20 million in the dered. successful. What Senator FEINSTEIN CVP, a separate California project. But The question is on agreeing to the has done and what the committee has the intent was for it to be spent on motion to table amendment No. 1018. done is to take those projects that are CALFED projects. The yeas and nays have been ordered. not controversial, that are part of the There has been a little sleight of The clerk will call the roll. CALFED process, and fund them. hand here, if you will, in the manner in The assistant legislative clerk called I hope we will reject the Murkowski which the appropriators addressed this. the roll. amendment. That is their business. But it is my The result was announced—-yeas 56, I yield the remainder of my time. business as the ranking member of the nays 44, as follows: The PRESIDING OFFICER. Who Energy Committee to advise my col- [Rollcall Vote No. 238 Leg.] yields time? leagues that we have not had an au- The Senator from Nevada. thorization. That is the basis for my YEAS—56 Mr. REID. Mr. President, the Senator objection. Akaka Collins Inouye Baucus Conrad Jeffords from California wishes to speak. I think it is certainly a justification, Bayh Corzine Johnson Mrs. FEINSTEIN. Mr. President, I since we are not creating a new pro- Biden Daschle Kennedy thank my friend and colleague for her gram with $10 million of the $40 mil- Bingaman Dayton Kerry comments. I very much appreciate her lion, which is more than the adminis- Boxer Dodd Kohl Breaux Dorgan Landrieu solidarity and unity on this subject. It tration requested in the sense that Byrd Durbin Leahy is extraordinarily important. they offered $20 million and offered to Campbell Edwards Levin I also want to say there is a state- move $10 million to a worthwhile Cantwell Ensign Lieberman Carnahan Feinstein Lincoln ment from the administration in sup- project while not creating a new pro- Carper Graham Mikulski port of this appropriation. We have the gram that would need authorization, Chafee Harkin Miller support of the Secretary of the Inte- but directed funding to the DOE Office Cleland Hollings Murray rior, as well as the administration, of Science to carry out the important Clinton Hutchison Nelson (FL)

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7870 CONGRESSIONAL RECORD — SENATE July 18, 2001 Nelson (NE) Sarbanes Torricelli quorums in relation to these two clo- Task Force, Baker testified that in- Reed Schumer Wellstone ture motions be waived. creased funding is critical to the future Reid Smith (OR) Wyden Rockefeller Stabenow The PRESIDING OFFICER. Without of these vital programs. objection, it is so ordered. He testified that in the former Soviet NAYS—44 Mr. NELSON of Florida. Mr. Presi- Union ‘‘over 40,000 nuclear weapons, Allard Frist Nickles dent, I rise today to speak about the over a thousand metric tons of nuclear Allen Gramm Roberts Bennett Grassley Santorum programs in the fiscal year 2002 Energy materials, vast quantities of chemical Bond Gregg Sessions and Water Appropriations Report that and biological weapons materials, and Brownback Hagel Shelby prevent the spread of nuclear weapons thousands of missiles. This Cold War Bunning Hatch Smith (NH) and nuclear weapon-usable material. arsenal is spread across 11 time zones, Burns Helms Snowe Cochran Hutchinson Specter These programs are vital to the na- but lacks the Cold War infrastructure Craig Inhofe Stevens tional security of the United States. that provided the control and financing Crapo Kyl Thomas Appropriately, the committee has ex- DeWine Lott necessary to assure [they] remain se- Thompson Domenici Lugar pressed concern that the ‘‘proposed curely beyond the reach of terrorists Enzi McCain Thurmond budget would seriously erode progress . . . The most urgent unmet National Voinovich Feingold McConnell made at great expense to assure the Security threat to the United States Fitzgerald Murkowski Warner Nation’s capability to detect and miti- today is the danger that weapons of The motion was agreed to. gate global proliferation activities.’’ mass destruction or weapons-usable Mrs. BOXER. Madam President, I By providing $106.8 million above the material in Russia could be stolen and move to reconsider the vote. President’s request, the committee has sold to terrorists or hostile nation Mr. CRAIG. I move to lay that mo- restored many of the administration’s states and used against American tion on the table. cuts to nuclear non-proliferation pro- troops abroad or our citizens at home.’’ The motion to lay on the table was grams. As a result, the Baker-Cutler report agreed to. Programs restored by the committee Mrs. BOXER. I suggest the absence of called for an increase in funding for include the Nuclear Cities Initiative, a quorum. such initiatives—approximately $30 bil- which redirects Russian nuclear exper- The PRESIDING OFFICER. The lion over the next 8–10 years. tise and reduces Russian nuclear infra- clerk will call the roll. I urge the Senate to consider the ef- The assistant legislative clerk pro- structure. This project was given a forts and work of Howard Baker and ceeded to call the roll. $14.5 million boost. An additional $15 Lloyd Cutler and provide the resources Mr. REID. Madam President, I ask million was added to the Initiatives for needed to fund these programs and fa- unanimous consent that the order for Proliferation Prevention program, cilities because they are vital to our the quorum call be rescinded. which funds joint non-military re- national security. The PRESIDING OFFICER. Without search and development projects, pairs Our nuclear weapons complex and in- objection, it is so ordered. U.S. industries with industries in the frastructure will become even more im- CLOTURE MOTION former Soviet Union and identifies and portant if the president seeks to reduce Mr. REID. Madam President, I send a creates non-military commercial appli- our stockpile as part of a new strategic cloture motion to the desk. cations. I support the committee’s rec- framework. I encourage President Bush The PRESIDING OFFICER. The clo- ommendation that some of the excess to place appropriate emphasis on non- ture motion having been presented funds for this program be directed to proliferation as we develop this new under rule XXII, the Chair directs the projects within Russian nuclear cities, framework with Russia and other in- clerk to read the motion. in coordination with the Nuclear Cities volved nations. The legislative clerk read as follows: Initiative. While encouraging, these ac- Mr. HOLLINGS. Mr. President, in CLOTURE MOTION tions by the committee merely move 1997, the Department of Energy and the We, the undersigned Senators, in accord- us back to the starting line. State of South Carolina reached an ance with the provisions of rule XXII of the I also would like to express my sup- agreement for the Savannah River Site Standing Rules of the Senate, hereby move port for the committee recommenda- to accept and dispose of surplus weap- to bring to a close the debate on H.R. 2311, tion of $300 million to recapitalize ex- ons-grade plutonium. In response to an the Energy and Water Development Appro- isting operation facilities. The Presi- effort by the former Soviet Union and priations bill: dent proposed nothing in his budget to the United States to reduce weapons- Tom Daschle, Jack Reed, Daniel Inouye, recapitalize our nuclear infrastructure. grade plutonium, the Savannah River Bob Graham, Kent Conrad, Carl Levin, The National Nuclear Security Ad- Max Baucus, Christopher Dodd, Paul Site would accept plutonium from the Sarbanes, Tom Harkin, Harry Reid, ministration released a study last year Pantex Plant in Texas and the Rocky Barbara Mikulski, Fritz Hollings, Ted on defense programs facilities and in- Flats Environmental Technology Site Kennedy, Joseph Lieberman, Byron frastructure assessment that reviewed in Colorado. South Carolina was prom- Dorgan, and Tim Johnson. the conditions of our nuclear facilities ised that this plutonium would only be CLOTURE MOTION and labs. The report identified a $650 treated at SRS, not stored for a signifi- Mr. REID. Madam President, I send a million annual shortfall over the next cant amount of time. The disposition cloture motion to the desk. five years in our nuclear weapons com- agreement included two types of treat- The PRESIDING OFFICER. The clo- plex, with unfunded priority require- ment—blending the plutonium into ture motion having been presented ments increasing by $200 million per mixed oxide fuel for use in commercial under rule XXII, the Chair directs the year. nuclear reactors, commonly known as clerk to read the motion. This is unacceptable. MOX—and immobilizing it in a facility The legislative clerk read as follows: Many of our facilities are World War know as the Plutonium Immobilization CLOTURE MOTION II-era and in dire need of upgrades and Plant. The reason for using two dif- We, the undersigned Senators, in accord- repair. I have visited the facilities in ferent treatments was simple and ance with the provisions of rule XXII of the Oak Ridge, TN, and can personally at- spelled out in the Federal Register on Standing Rules of the Senate, hereby move test to the amount of recapitalization January 21, 1997. to bring to a close the debate on H.R. 2311, and modernization needed. The Presi- Due to technology, complexity, timing, the Energy and Water Development Appro- dent’s budget addressed none of these cost, and other factors that would be in- priations bill: needs. volved in purifying certain plutonium mate- Tom Daschle, Harry Reid, Jeff Binga- rials to make them suitable for potential use man, Bob Graham, Kent Conrad, Daniel Recently the distinguished former leader of this body, the Honorable How- in MOX fuel, approximately 30 percent of the Inouye, Jack Reed, Joseph Lieberman, total quantity of plutonium (that has or may Carl Levin, Max Baucus, Christopher ard Baker from Tennessee, testified be- fore the Senate Foreign Relations be declared surplus to defense needs) would Dodd, Paul Sarbanes, Tom Harkin, require extensive purification to use in MOX Byron L. Dorgan, Tim Johnson, Debbie Committee about the serious funding fuel, and therefore will likely be immo- Stabenow, and Richard J. Durbin. inadequacies in non-proliferation pro- bilized. DOE will immobilize at least 8 met- Mr. REID. Madam President, I ask grams run by the Department of En- ric tons, MT, of currently declared surplus unanimous consent that the live ergy. As Co-Chair of the Baker-Cutler plutonium materials that DOE has already

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7871 determined are not suitable for use in MOX stopping these shipments would be dev- PRESCRIPTION DRUGS fuel. astating to our clean-up efforts at Mr. DORGAN. Mr. President, in the Since 1997, DOE has continued on this other sites. I say that walking away coming days I suspect there will be ap- dual-track path for disposition. That is from our commitments of safe and propriations bills and we will visit an- until this year. In the administration’s timely disposition of this material other issue we have visited previously fiscal year 2002 DOE budget request, would be just as devastating. All I in the Senate and also in the House, funds for the National Nuclear Secu- want is for the Administration to com- and that is the price of prescription rity Administration, NNSA, were cut mit to me, the Congress and to the drugs, especially those imported into by over $100 million. Due to these budg- State of South Carolina on plutonium this country from other countries. et cuts, one of the plutonium disposi- disposition. I do not want this pluto- About a week ago, the Secretary of tion programs, immobilization, was de- nium to be shipped to SRS and then Health and Human Services decided layed indefinitely. I don’t blame the have the Administration come back that legislation which I and several of NNSA for the cut to this program be- and say that MOX is not going to work my colleagues drafted and was passed cause I know it is their job to work and they’re going to study another way last year and became law would not be within the budget they are given. How- of disposing of the material. I fear this administered. It is a law dealing with ever, I do blame the Administration for is the road we are going down, espe- the reimportation of prescription drugs providing a budget that is woefully in- cially in light of a recent article in the into this country. adequate to provide for plutonium dis- New York Times saying the White The provision allows distributors and position activities at Savannah River. House wants to restructure or end pro- pharmacists to go to another country When General Gordon, the NNSA Di- grams aimed at disposing of tons of such as Canada, to access the same pre- rector, testified in front of the Energy military plutonium. scription drugs made in an FDA-ap- and Water Appropriations Sub- I have spoken to the Chairman and proved plant and bring them to this committee, he stated plainly that Plu- Ranking Member of the Energy and country because it is much less expen- tonium Immobilization was delayed be- Water Appropriations Subcommittee sive in Canada, and pass those savings cause of financial reasons, not policy and we have worked out an agreement along to consumers. That is what our ones. DOE claims it can process all of on my amendment. With this com- legislation did. the plutonium by converting it into promise, hopefully, DOE and the State The Secretary of Health and Human MOX, but, when pressed on the matter of South Carolina will come together Services under the previous adminis- they say there is no certainty in this and reach an agreement to continue tration and now under this administra- treatment. If MOX fails and there is these disposition programs at SRS, tion said they could not certify, A, not a back-up, SRS will be left with while ensuring they’re done in a timely that it would be lowering costs for pre- large amounts of surplus weapons- and safe manner. If an agreement can- scription drugs and, B, that it would be grade plutonium, but without a plan to not be reached, you can rest assured safe; therefore, they would not certify treat it. this will not be the last time this issue to that and would not implement the There is an analogous situation to is raised on the Senate floor. law. this one track mind set that previously I want to thank the distinguished We are terribly disappointed by that. occurred at SRS. To separate the chairman and ranking member for all We think it was a mistake in the past sludge and liquid wastes contained in their help on this amendment. administration to have made that deci- the tank farms, DOE proposed In-Tank f sion, and we think last week it was a Precipitation, ITP. After putting more ORDERS FOR THURSDAY, JULY 19, mistake for the Department of Health than a billion dollars into this separa- 2001 and Human Services to make that deci- tion process, problems occurred. Exces- Mr. REID. Madam President, I ask sion. sive benzine was being produced as a We will revisit this issue, and there unanimous consent that when the Sen- by-product of the separation. As a re- will be another vote in the Senate deal- ate completes its business today, it ad- sult, the program was shut down until ing with it. We will have to do it in a journ until the hour of 10 a.m., Thurs- a new process could be found. The new different way, but the principles are day, July 19. I further ask unanimous process was selected last week—four still the same. years after the old process failed. Why? consent that on Thursday, imme- The same pill put in the same bottle Because there was not an alternative diately following the prayer and the manufactured by the same prescription to this process. Four years and a bil- pledge, the Journal of proceedings be drug company by the same pharma- lion dollars later, the tanks are still approved to date, the morning hour be ceutical manufacturer is sent to Grand overflowing with 60 percent of the Na- deemed expired, the time for the two Forks, ND, and to Winnipeg, Canada— tion’s high-level waste. This is exactly leaders be reserved for their use later the same drug made in the same plant why I want to continue a dual-track in the day, and the Senate resume con- put in the same bottle made by the disposition program for this pluto- sideration of the Energy and Water Ap- same company. The difference? Price, nium. It was part of the original agree- propriations Act. and in many circumstances a very big The PRESIDING OFFICER. Without ment and I believe that any attempt to difference. objection, it is so ordered. change the agreement should be made One pays 10 times more for the drug Mr. REID. I suggest the absence of a in consultation with all the affected tamoxifen, which is used to treat quorum. parties. breast cancer, in the United States The PRESIDING OFFICER (Mr. MIL- To date, the Secretary of Energy and than in Canada. I happen to have in my LER). The clerk will call the roll. the Governor of South Carolina, Gov- The senior assistant bill clerk pro- desk—I have had several of them. ernor Hodges, have not spoken about ceeded to call the roll. These are two empty bottles. I ask the disposition activities, which is un- Mr. REID. Mr. President, I ask unan- unanimous consent to show these bot- fortunate. In fact, Governor Hodges has imous consent that the order for the tles in the Senate Chamber. said he may take steps to stop ship- quorum call be dispensed with. The PRESIDING OFFICER. Without ments of plutonium to SRS, which are The PRESIDING OFFICER. Without objection, it is so ordered. scheduled to begin in August. I hope objection, it is so ordered. Mr. DORGAN. Mr. President, this drug called Zoloft is used to treat de- the Secretary and the Governor can f come to some agreement to ensure safe pression, a very commonly used drug. and timely disposition of this surplus MORNING BUSINESS The same pill made by the same com- plutonium. Mr. REID. Mr. President, I ask unan- pany; one is marketed in Canada, one I had an amendment, which would imous consent that the Senate now in the United States; $2.34 per tablet have prohibited the shipment of pluto- proceed to a period for morning busi- sold in the United States; $1.28 per tab- nium to SRS until March 1, 2002 or ness, with each Senator allowed to let—same drug—sold in Canada. until a final agreement could be speak for up to 10 minutes each. Let me make it more immediate. reached on disposition activities, The PRESIDING OFFICER. Without Emerson, Canada; Pembina, ND—5 whichever comes first. Some say that objection, it is so ordered. miles apart. I took a group of senior

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7872 CONGRESSIONAL RECORD — SENATE July 18, 2001 citizens to Emerson, Canada. We left store in Emerson, Canada, and saved where else in the world. It is unfair. We Pembina, ND, traveled across the bor- the money on the prescription drugs. If ought to do something about it. My der, and went to a little one-room you are going to pay half the price or feeling is we ought to pass a piece of drugstore in Emerson, Canada. The a third of the price or a tenth of the legislation we will offer once again this prices for the prescription drugs, for a price for the identical prescription year and expect someone to implement whole range of prescription drugs that drug, how on Earth can a Cabinet Sec- that legislation as we enact it, that these senior citizens needed for heart retary not compute that to be a sav- gives pharmacists and distributors and disease, diabetes, and a whole series of ings? What nonsense is this? Of course ultimately the American consumers— ailments they had, in every cir- there are savings, and substantial sav- not just senior citizens, the American cumstance, was much less expensive in ings. consumers—the opportunity in a global Canada. Second, with respect to safety, we economy to access prescription drugs Why is that the case? It is not just import a massive quantity of prescrip- that are reasonably priced. They are the case in Canada; it is the case in tion drugs into this country from other reasonably priced in virtually every every other country in the world: Mex- countries with the pharmaceutical other country of the world but are ico, England, Italy, France, Sweden, manufacturers doing the importing. overpriced here, often in multiples of the identical drug, produced in a plant What is the difference between that prices as elsewhere for the exact same approved by the Food and Drug Admin- and having a licensed pharmacist or a drug that was manufactured in this istration, in many cases produced in licensed distributor access from a li- country. the United States, is sold for a much censed pharmacy in Canada the iden- I wanted to offer a preview, again, of higher price here than any other coun- tical prescription drug made in the this issue to say we won last year, try in the world. identical plant, approved by the FDA, passed legislation that became law, and Why is that the case? Because the to bring back into this country to sell HHS refused to implement it. But we pharmaceutical industry can do it. to American consumers at a reduced are not giving up. This is the right They can impose whatever price they price? Why on Earth should someone thing to do for the right reasons. We choose and they choose to do it in this have to go in the first place to a for- say to the American people who strug- country. The result is the American eign country to find a reasonable price gle to pay the prices, there is a way to consumer is charged multiples of what for a prescription drug that was made make the global economy work for you the same pill is sold for or the same in the United States? That doesn’t and allow, through your pharmacist or drug is sold for to virtually every other make any sense to me. So we passed distributor, a personal amount of pre- citizen in the world. that legislation and now it has been scription drugs, to access those pre- We said if this is truly a global econ- sidetracked because the HHS Secretary scription drugs in Canada or elsewhere. omy, there is trade back and forth, it is has refused to implement it both last Ultimately, my goal is not to ask a global economy that ought to benefit year and this year. someone to go elsewhere to buy drugs everyone, how about making this a We will be back to revisit that and but to force the pharmaceutical indus- global economy with respect to the we will change the construct of it try to reprice the drugs in this country purchase of prescription drugs? Why some. A group of Senators, including so our consumers get a fair price as should you not be able, if you are a Senator STABENOW, Senator COLLINS, well. pharmacist in Grand Forks, ND, to go myself, Senator JEFFORDS, Senator to Winnipeg to access a supply of pre- WELLSTONE, and others, have worked f scription drugs at a fraction of the cost very hard on this issue for a long pe- and bring it back and pass the savings riod of time. There is no justification LEGISLATIVE BRANCH APPRO- on to the customers? Why should you for the American consumer paying the PRIATIONS ACT FOR FISCAL not be able to do it? highest prices for prescription drugs in YEAR 2002 At the moment, a law prevents it. this country. There is no justification The United States has a law that says for that. Mr. CONRAD. Mr. President, I rise to the only entity that can bring a pre- I have held hearings across this coun- offer for the record the Budget Com- scription drug into this country is the try as chairman of the Democratic Pol- mittee’s official scoring for S. 1172, the manufacturer itself. What a sweetheart icy Committee in recent years on this Legislative Branch Appropriations Act deal that is. subject. It doesn’t matter where you for Fiscal Year 2002. So we said, provided this is a drug are—in downtown Manhattan; I have The Senate bill provides $1.9 billion that is approved by the FDA, provided held hearings in Dickinson, ND; hear- in discretionary budget authority. Per for a chain of custody and safety of ings in Chicago; you hear the same tradition, that amount does not in- supply, our distributors and phar- story. The stories are from people 70 or clude funding for exclusive House macists ought to be able to go to an- 75 years of age. A woman testifies at a items. The discretionary budget au- other country to access the same pre- hearing, saying: I go into a grocery thority will result in new outlays in scription drug, made in the same plant, store and I must go to the back of the 2002 of $1.6 billion. When outlays from put in the same bottle, and come back store first where the pharmacy is be- prior-year budget authority are taken and pass those savings along to the cause when I buy my prescription into account, discretionary outlays for American consumers. drugs and pay for them, then I will the Senate bill total $2 billion in 2002. So we passed a piece of legislation know how much money is left for food, The Senate bill is well under its Sec- like that on the floor of the Senate if any. tion 302(b) allocation for budget au- with over 70 votes. It went to con- We hear that all the time. Or the doc- thority and outlays. In addition, the ference. After some laboring in con- tor from Dickinson who did a mastec- committee once again has met its tar- ference, it became law. And then the tomy on a senior citizen and told her: get without the use of any emergency Health and Human Services Secretary Now, in order to reduce the chance of designations. in both the last administration and recurrence of breast cancer, you have I again commend Chairman BYRD and this administration refused to admin- to take these prescription drugs I will Senator STEVENS for their bipartisan ister it because they said they cannot prescribe. And she asked how much effort in moving this and other appro- demonstrate there will be, A, savings, they would cost. He told her, and she priations bills quickly to make up for and, B, they cannot assure the safety. said: There isn’t any way I can take the late start in this year’s appropria- Let’s take part A, savings, first. This the prescription drugs; I have to take tions process. is not rocket science. I am happy to my chances. I ask unanimous consent that a table give the names of citizens from Fargo We hear those stories in town after displaying the budget committee scor- who can describe to the Secretary of town. It doesn’t matter what the State ing of this bill be inserted in the Health and Human Services, either in is. RECORD at this point. the previous administration or this ad- The fact is, prescription drug prices There being no objection, the mate- ministration, that there is savings. are higher in this country for the rial was ordered to be printed in the They have gone to the one-room drug- American consumer than they are any- RECORD, as follows:

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7873 S. 1172. LEGISLATIVE BRANCH, 2002 gorilla brings to the table * * * They less than $500,000 annually, assuming the [Spending comparisons—Senate-reported bill (in millions of dollars] are very, very good at what they do. availability of appropriated funds. They are the best in the world * * * On June 7, 2001, CBO prepared an estimate for a similar bill, H.R. 2052, as ordered re- General Manda- Total and when they share those capabilities purpose tory ported by the House Committee on Inter- * * * in terms of intelligence fusion Senate-reported bill: national Relations, on June 6, 2001. Like S. Budget Authority ...... 1,944 99 2.043 and command and control, we do much 180, H.R. 2052 would not significantly affect Outlays ...... 2,020 99 2,119 better than we would ever otherwise discretionary spending. That bill would re- Senate 302(b) allocation: Budget Authority ...... 2,877 99 2,976 have a chance to do.’’ I understand that quire disclosure of business activities in Outlays ...... 2,912 99 3,011 an internal review of DOD’s drug role Sudan prior to an entity trading its securi- House-reported: ties in any capital market in the United Budget Authority...... 0 0 0 contemplated severe reductions as a Outlays ...... 0 0 0 working assumption. After years of de- States. That provision constitutes a private- President’s request: cline in DOD’s role in this area, I be- sector mandate, as defined in UMRA, but the Budget Authority ...... 2,987 99 3,086 cost of the mandate would fall below the an- Outlays ...... 2,921 99 3,020 lieve this sends the wrong signal and nual threshold established in UMRA ($113 SENATE-REPORTED BILL COMPARED flies in the face of DOD’s statutory au- million in 2001, adjusted annually for infla- TO— thority. tion). Senate 302(b) allocation: Budget Authority ...... (933) 0 (933) I have consistently supported an in- The CBO staff contact is Joseph C. Outlays ...... (892) 0 (892) tegrated national counterdrug strat- Whitehill, who can be reached at 226–2840. House-reported This estimate was approved by Peter H. Budget Authority ...... (1) (1) (1) egy. If we reduce the DOD role, we risk Outlays ...... (1) (1) (1) lessening the effectiveness of other Fontaine, Deputy Assistant Director for President’s request Budget Analysis. Budget Authority ...... (1,043 ) 0 (1,043 ) agencies as well. We need to make Outlays ...... (901) 0 (901) these decisions carefully, and with full f 1 Not applicable. The House Appropriations Committee has yet to consider Congressional involvement. I urge the COST ESTIMATE ON S. 1021 its 2002 bill for the Legislative Branch. Department of Defense to keep in mind Notes: Details may not add to totals due to rounding. For enforcement Mr. BIDEN. Mr. President, on July purposes, the Budget Committee compares the Senate-reported bill to the DOD’s important role in, and necessary 12, the Committee on Foreign Rela- Senate 302(b) allocation. Prepared by SBC Majority Staff, 7–19–01. contribution to, a serious national tions reported S. 1021, a bill to re-au- f drug control strategy. thorize the Tropical Forest Conserva- DEPARTMENT OF DEFENSE f tion Act of 1998 through fiscal year 2004. At the time the bill was reported, COUNTERDRUG SUPPORT COST ESTIMATE ON S. 180 Mr. GRASSLEY. Mr. President, I rise the cost estimate from the Congres- Mr. BIDEN. Mr. President, on July sional Budget Office was not available. to express my deep concern about the 12, the Committee on Foreign Rela- apparent lack of emphasis by the De- I ask unanimous consent that the tions reported S. 180, the Sudan Peace CBO estimate be printed in the partment of Defense on the Act. At the time the bill was reported, counterdrug mission. This has been a RECORD. the cost estimate from the Congres- There being no objection, the mate- year of continual discussion of in- sional Budget Office was not available. creased DOD funding for various mili- rial was ordered to be printed in the I ask unanimous consent that the RECORD, as follows: tary missions. However, all the indica- CBO estimate be printed in the tions I am hearing point to a decreased CONGRESSIONAL BUDGET OFFICE COST RECORD. ESTIMATE, JULY 16, 2001 DOD interest in this mission, as well as There being no objection, the mate- decreased funding levels. I believe this S. 1021: A BILL TO REAUTHORIZE THE TROP- rial was ordered to be printed in the ICAL FOREST CONSERVATION ACT OF 1998 would be a poor policy decision, and a RECORD, as follows: THROUGH FISCAL YEAR 2004 poor indication of the Nation’s prior- [As reported by the Senate Committee on ities. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE, JULY 17, 2001 Foreign Relations on July 12, 2001] In May 2001 testimony, before the Senate Caucus on International Nar- S. 180: SUDAN PEACE ACT SUMMARY cotics Control, on which I served as [As ordered reported by the Senate Com- S. 1021 would extend the Tropical Forest Conservation Act for three years through Chairman, the heads of the Drug En- mittee on Foreign Relations on July 12, 2001] 2004 and would authorize the appropriation forcement Administration, the U.S. of $225 million for the cost of implementing Customs Service, and the U.S. Coast S. 180 would condemn slavery and human rights abuses in Sudan, authorize the Sec- the act over that period. Assuming the ap- Guard all testified that DOD reduc- retary of State to support the peace process propriation of the authorized amounts, CBO tions would be detrimental to their in Sudan, and require the President to devise estimates that implementing the bill would agencies’ counterdrug efforts. The Of- a contingency plan for delivering aid to cost $221 million over the 2002–2006 period. fice of National Drug Control Policy Sudan. CBO estimates that enacting S. 180 Because S. 1021 would not affect direct summarized that, ‘‘DOD’s command would have no significant budgetary impact. spending or receipts, pay-as-you-go proce- dures would not apply. and control system provides the com- The act would not affect direct spending or revenues; therefore, pay-as-you-go proce- The Tropical Forest Conservation Act au- munications connectivity and informa- thorizes the Secretary of State to negotiate tion system backbone * * * while the dures would not apply. S. 180 contains no intergovernmental or private-sector man- agreements with eligible countries to create military services detection and moni- dates as defined by the Unfunded Mandates local funds administered by local boards toring assets provide a much need in- Reform Act (UMRA) and would not affect the with the authority to make grants to pre- telligence cueing capability.’’ budgets of state, local, or tribal govern- serve, maintain, and restore tropical forests. The Commandant of the Coast Guard ments. The local funds receive a stream of payments testified at length about DOD Each year the United States provides near- generated by modifying the terms of out- counterdrug support, stating ‘‘[w]e ly $190 million in assistance to the people of standing development assistance or food-aid debt owed to the United States. The debt would go downhill very quickly’’ with- Sudan through various emergency food-aid, disaster assistance, refugee assistance, and modifications include authority to reduce out DOD contributions. The Com- and to restructure debt, to swap the debt, or mandant also stated that 43 percent of development assistance programs. The provi- sions of S. 180 would not substantially ex- to sell the debt back to an eligible country Coast Guard seizures last year were pand the Administration’s authority to pro- in ways that will generate income for the from U.S. Navy vessels, using onboard vide such assistance. CBO estimates that local funds. The amounts authorized by S. Coast Guard law enforcement detach- spending on those emergency and humani- 1021 would be used to cover the cost, as de- ments. The Coast Guard concluded that tarian programs would continue at current fined by the Federal Credit Reform Act, of ‘‘[s]hould there be any radical reduc- levels. modifying the debt. S. 1021 contains no intergovernmental or The bill contains several reporting and tion of the assets provided through the private-sector mandates as defined in the contingency planning requirements that Department of Defense * * * it would Unfunded Mandates Reform Act (UMRA) and would not affect the State Department’s or peril the potential for all the other would not affect the budgets of state, local, the U.S. Agency for international Develop- or tribal governments. agencies to make their contributions ment’s (USAID) workload significantly. as productive * * * mainly because of Based on information from the department ESTIMATED COST TO THE FEDERAL GOVERNMENT the synergy that is generated by the and USAID, CBO estimates that enacting S. The estimated budgetary impact of S. 1021 enormous capability that the 800-pound 180 would increase the agency’s spending by is shown in the following table. The costs of

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7874 CONGRESSIONAL RECORD — SENATE July 18, 2001 this legislation fall within budget function and to promote democracy and good govern- Annual Session, where I met with 150 (international affairs). ance in Zimbabwe. Assuming the appropria- Anatoly Lebedko, one of the leaders of tion of the authorized amounts, CBO esti- the Belarusian democratic opposition. By fiscal year, in millions of dollars— mates that implementing the bill would cost Belarusian presidential elections are 2001 2002 2003 2004 2005 2006 $23 million over the 2002–2006 period. Because S. 494 would not affect direct spending or re- quickly coming up—on September 9. SPENDING SUBJECT TO APPROPRIATION ceipts, pay-as-you-go procedures would not Unfortunately, the Belarusian authori- Spending Under Current Law for apply. ties have not yet made a serious com- Debt Reduction of Developing Countries with Tropical Forests: S. 494 contains no intergovernmental or mitment to abide by criteria set forth Budget Authority1 ...... 13 0 0 0 0 0 private-sector mandates as defined in the well over a year ago by the Organiza- Estimated Outlays ...... 6 13 0 0 0 0 Unfunded Mandates Reform Act (UMRA) and tion for Security and Cooperation in Proposed Changes: would not affect the budgets of state, local, Authorization Level ...... 0 50 75 100 0 0 Europe, OSCE, of which Belarus is a or tribal governments. Estimated Outlays...... 0 13 36 69 64 39 member. These criteria include an end Spending Under S. 1021 for Debt ESTIMATED COST TO THE FEDERAL GOVERNMENT Reduction of Developing Coun- of the climate of fear, equal access to tries with Tropical Forests: The estimated budgetary impact of S. 494 1 the state media for all candidates, re- Authorization Level ...... 13 50 75 100 0 0 is shown in the following table. The costs of Estimated Outlays...... 6 26 36 69 64 39 this legislation fall within budget function spect for freedom of assembly, as well 1 The 2001 level is the amount appropriated for that year for the cost of 150 (international affairs). as transparency and fairness in the reg- implementing the Tropical Forest Conservation Act of 1998. BASIS OF ESTIMATE istration of candidates and functioning BASIS OF ESTIMATE S. 494 would earmark $20 million for land of electoral commissions. CBO assumes that the authorized amounts reform and $6 million for programs to pro- The Helsinki Commission, which I would be appropriated by the start of each mote democracy and good governance in chair, continues to receive troubling fiscal year and that outlays would follow his- Zimbabwe from funds otherwise authorized reports concerning developments in torical spending patterns. to be appropriated in 2002 for development Belarus. Indeed, the prospects for free Pay-As-You-Go Considerations: None. assistance and economic support fund. No and fair presidential elections this fall INTERGOVERNMENTAL AND PRIVATE-SECTOR funds are currently authorized for 2002. CBO remain dim. The unbalanced composi- IMPACT assumes that the specified amounts would be appropriated by October 1, 2001, and that out- tion of the regional electoral commis- S. 1021 contains no intergovernmental or sions is particularly disturbing given private-sector mandates as defined in UMRA lays would follow historical spending pat- terns. the apparent rejection by the authori- and would not affect the budgets of state, ties of all candidates—over 800—pro- local, or tribal governments. By fiscal year, in millions of dollars— posed by Belarusian democratic parties PREVIOUS CBO ESTIMATE 2001 2002 2003 2004 2005 2006 and non-governmental organizations. On June 21, 2001, CBO prepared an estimate The Belarusian authorities need to for H.R. 2131, a bill to reauthorize the Trop- Spending Under Current Law for guarantee the impartiality of the elec- ical Forest Conservation Act of 1998 through Zimbabwe: Budget Authority 1 ...... 16 0 0 0 0 0 toral commissions by ensuring that fiscal year 2004, and for other purposes, as or- Estimated Outlays...... 22 19 10 5 3 2 dered reported by the House Committee on Proposed Changes: democratic parties and non-govern- International Relations. The amounts au- Authorization Level...... 0 26 0 0 0 0 mental organizations, NGOs, are rep- Estimated Outlays...... 0 2 8 7 4 2 thorized and the estimated cost of imple- Spending Under S. 494 for resented meaningfully and to correct menting that bill and S. 1021 are the same. Zimbabwe: other reported violations of the elec- Estimate Prepared By: Federal Costs: Joseph Authorization Level 1 ...... 16 26 0 0 0 0 Estimated Outlays ...... 22 21 18 12 7 4 toral code. C. Whitehill (226–2840); Impact on State, The State Department has urged the Local, and Tribal Governments: Elyse Gold- 1 The 2001 level is the amount appropriated for that year. Belarusian authorities to mount a man (225–3220); and Impact on the Private Pay-As-You-Go Considerations: None. Sector: Lauren Marks (226–2940). credible investigation to account for INTERGOVERNMENTAL AND PRIVATE-SECTOR Estimate Approved By: Robert A. Sunshine, missing former Minister of Internal Af- IMPACT Assistant Director for Budget Analysis. fairs Yury Zakharenka, 13th Supreme S. 494 contains no intergovernmental or f Soviet Deputy Chairman Viktor private-sector mandates as defined in UMRA Gonchar and his associate Anatoly COST ESTIMATE ON S. 494 and would not affect the budgets of state, local, or tribal governments. Krasovsky, as well as Russian Tele- Mr. BIDEN. Mr. President, on July Estimate Prepared By: Federal Costs: Joseph vision cameraman Dmitry Zavadsky. 12, the Committee on Foreign Rela- C. Whitehill (226–2840); Impact on State, They have urged the immediate release tions reported S. 494, the Zimbabwe De- Local, and Tribal Governments: Elyse Gold- of political prisoners and 13th Supreme mocracy and Economic Recovery Act man (225–3220); and Impact on the Private Soviet members Andrei Klimov and of 2001. At the time the bill was re- Sector: Lauren Marks (226–2940). Valery Shchukin. Such an investiga- ported, the cost estimate from the Con- Estimate Approved By: Peter H. Fontaine, tion, as well as the release of political Deputy Assistant Director for Budget Anal- gressional budget Office was not avail- ysis. prisoners, will be an essential factor in able. reducing the current climate of fear. f I ask unanimous consent that the Finally, the Belarusian authorities CBO estimate be printed in the ‘‘DISAPPEARED’’ BELARUSIAN need to work with the OSCE to facili- RECORD. OPPOSITION LEADERS tate the work of international and do- There being no objection, the mate- Mr. CAMPBELL. Mr. President, ear- mestic observers and to help ensure rial was ordered to be printed in the lier today, I had the opportunity to that all candidates are able to organize RECORD, as follows: meet with the wives of four Belarusian freely, without harassment, and carry CONGRESSIONAL BUDGET OFFICE COST opposition leaders who have either dis- their campaigns to the people. ESTIMATE, JULY 16, 2001 appeared, been imprisoned, or have While it is not yet too late for the S. 494: ZIMBABWE DEMOCRACY AND ECONOMIC died under mysterious circumstances. Belarusian authorities to take the RECOVERY ACT OF 2001 Theirs is a compelling story which steps necessary to ensure an atmos- [As ordered reported by the Senate Com- starkly illustrates the human toll of phere conducive to elections that will mittee on Foreign Relations on July 12, Alexander Lukashenka’s regime in meet international democratic stand- 2001] which human rights, democracy and ards, time is of the essence. Free and SUMMARY the rule of law are violated with impu- fair presidential elections are an essen- S. 494 would support a transition to democ- nity. tial step if Belarus is to move ahead racy and promote economic recovery in These courageous women—Ludmilla and end its self-imposed isolation. As Zimbabwe through a set of incentives and Karpenko, Irina Krasovska, Tatiana President Bush has remarked in con- sanctions. The bill would require the United Klimova and Svetlana Zavadska—con- nection with this week’s observance of States to oppose lending by international fi- veyed their concerns about their hus- nancial institution to or debt relief for Captive Nations Week, America must Zimbabwe until the President certifies to the bands as well as about the continuing remain vigilant in our support of those Congress that certain conditions are satis- climate of fear in Belarus. living under authoritarianism. The fied. It would, however, authorize additional Earlier this month, I led a delegation people of Belarus have that support as funds for programs to reform landholding to the OSCE Parliamentary Assembly they seek to overcome the legacy of

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7875 the past and build an independent na- LOCAL LAW ENFORCEMENT ACT programs at SBA are a bargain. For tion based on democracy, human rights OF 2001 very little, taxpayers leverage their and the rule of law. Mr. SMITH of Oregon. Mr. President, money to help thousands of small busi- I rise today to speak about hate crimes nesses every year and fuel the econ- f legislation I introduced with Senator omy. KENNEDY in March of this year. The In the SBIC participating securities NURSE RECRUITMENT AND Local law Enforcement Act of 2001 program last year, taxpayers spent RETENTION ACT OF 2001 would add new categories to current $1.31 for every $100 leveraged for invest- ment in our fastest growing compa- Mr. CLELAND. Mr. President, I want hate crimes legislation sending a sig- nal that violence of any kind is unac- nies—companies like Staples, Callaway to commend Senator ROCKEFELLER, Golf, Federal Express, and Apple com- Chairman of the Committee on Vet- ceptable in our society. I would like to describe a terrible puters. erans’ Affairs, VA, for his leadership on The main purpose of this Act is to the measure we are introducing today, crime that occurred in 1998 in Boston, MA. A 27-year old gay man was alleg- adjust the fees charged to Partici- the Nurse Recruitment and Retention pating Security SBICs from one per- Act of 2001. edly attacked and beaten when he was walking home from work by assailants cent to 1.28 percent. The change is nec- I also want to commend Senator essary because the demand for the ROCKEFELLER for conducting his first who shouted anti-gay epithets. One of the attackers carved the letter ‘‘F,’’ SBIC program is growing beyond what hearing as newly appointed Chairman is possible to fund solely through ap- of the Committee on Veterans’ Affairs presumably for ‘‘faggot,’’ on the vic- tim’s shoulder. propriations. on the looming nursing shortage. The The National Association of Small Federal health sector, employing ap- I believe that government’s first duty is to defend its citizens, to defend them Business Investment Companies, proximately 45,000 nurses and the VA NASBIC, testified before both the Sen- as the single largest employer of nurses against the harms that come out of hate. The Local Law Enforcement En- ate and House Committees on Small may be the hardest hit in the near fu- Business in favor of increasing the pro- ture with an estimated 47 percent of its hancement Act of 2001 is now a symbol that can become substance. I believe gram level from $2 billion to $3.5 bil- nursing workforce eligible for retire- lion. ment in the year 2004. Current and an- that by passing this legislation, we can change hearts and minds as well. This legislation raises fees just ticipated nursing vacancies in Federal enough to make up the difference be- health care agencies are particularly f tween appropriations of $26.2 million, alarming with the increased nursing COSPONSORSHIP OF S. 1188 which is level funding, and the $65.4 care needs of an aging America. The million that would be needed to pro- Journal of the American Medical Asso- Mr. ROCKEFELLER. Mr. President, vide a $3.5 billion program level. This ciation published a study last year because of a clerical mistake, Senator approach is consistent with the Kerry/ which found the average age of the SPECTER was not listed as an original Bond amendment to the Budget Reso- nursing workforce rose by 4.5 years be- cosponsor to S. 1188, the Department of lution that was agreed to in the Senate tween 1983 and 1998, mostly because Veterans Affairs Nurse Recruitment by voice vote in April, and retained in fewer younger people are joining the and Retention Enhancement Act of the final budget resolution. profession. 2001. This bill was introduced yester- The other changes strengthen the It is imperative that the VA have the day. oversight and authority of SBA to take ability to recruit and retain nurses. Although Senator SPECTER has now action against bad actors and protect Expert witnesses, like Nurses’ Organi- been added as a cosponsor and my in- the integrity of the program. zation of Veterans Affairs, NOVA, troductory statement on the bill re- f President Sarah Meyers R.N., Ph.D. of ferred to him as an original cosponsor, Atlanta, GA, testified at the June 14 I want the RECORD to reflect his early THE LOSS OF KATHARINE hearing. These witnesses identified support of the legislation. I look for- GRAHAM critical issues ranging from those im- ward to working with him to enact the Ms. LANDRIEU. Mr. President, yes- pacting VA nurses’ ability to continue VA Nurse Recruitment and Retention terday Washington D.C. and the Nation to safely care for veterans to nursing Act of 2001. lost a great friend. A first-rate role burn-out. Senator ROCKEFELLER and I f model and deft businesswoman, Kath- have developed a comprehensive pro- arine Graham was a believer in the SMALL BUSINESS INVESTMENT posal to address both recruitment and first amendment who printed the sto- COMPANY AMENDMENTS ACT OF retention of VA nurses. ries that defined our Nation and im- 2001 The Nurse Recruitment and Reten- pacted our lives. As one of the first fe- tion Act of 2001 includes provisions for Mr. KERRY. Mr. President, I am male executives to run a major news- the nurse scholarship program and edu- pleased to join my colleague, Senator paper, Katharine Graham opened the cation debt reduction. The bill’s other BOND, in introducing the Small Busi- doors of power for women here in the needed measures to enhance retention ness Investment Company, SBIC, Nation’s capital and around the coun- of nurses are: Saturday premium pay Amendments Act of 2001. I am a strong try. When Katharine Graham assumed for nurses and other identified health supporter of this program, and am the reigns at The Washington Post, two professionals, inclusion of unused sick mystified and frustrated by efforts to women served in the U.S. Senate, and leave in retirement computation for eliminate funding for and restrict the none served as Governors of States. nurses enrolled in the Federal Employ- investment capacity of a program that Today, in large part because of the ees Retirement System, FERS, and does so much good for the economy. path that she and other women of her full-time service credit in annuity Last year, the Agency financed 4,600 generation have blazed, there are more computation for part-time service venture capital deals, which invested women serving as Members of Con- prior to April 7, 1986. Also proposed are $5.6 billion in our fastest-growing small gress, as Governors, and as corporate reports to Congress on: (1) the use of businesses. In spite of this impressive executives than ever before. Among all mandatory overtime with rec- track record, the President’s budget, her accomplishments, it is this inspira- ommendations for alternative staffing and the House appropriators, have tion for which I am most grateful. strategies and (2) the encouraged use of eliminated funding for the SBIC par- Katharine Graham will be surely re- waivers of pay reduction for reem- ticipating securities program and re- membered by her family, friends and ployed annuitants to fill needed nurse duced the program level for the deben- her many admirers around the world. positions to enhance recruitment. ture program, which requires no appro- f The Nurse Recruitment and Reten- priations. Why eliminate funding and tion Act of 2001 is needed now in order restrict activity for the SBIC programs THE VERY BAD DEBT BOXSCORE for VA nurses to continue to care for when venture capital has all but dried Mr. HELMS. Mr. President, at the this country’s veterans. up? As I have said so many times, the close of business yesterday, Tuesday,

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7876 CONGRESSIONAL RECORD — SENATE July 18, 2001 July 17, 2001, the Federal debt stood at curity. It was courageous individuals and are the sole anesthesia provider in $5,714,215,489,048.80, five trillion, seven like Colonel Weekley that won the war. 2⁄3 of all rural hospitals, affording these hundred fourteen billion, two hundred Therefore, I think it very fitting that medical facilities obstetrical, surgical fifteen million, four hundred eighty- the WAR BIRDS honor Colonel and trauma stabilization capabilities. nine thousand, forty-eight dollars and Weekley for his service and urge my They work in every setting in which eighty cents. colleagues to join me in thanking the anesthesia is delivered including hos- One year ago, July 17, 2000, the Fed- Colonel for the sacrifices he has made pital surgical suites and obstetrical de- eral debt stood at $5,671,573,000,000, five for us.∑ livery rooms, ambulatory surgical cen- trillion, six hundred seventy-one bil- f ters, and the offices of dentists, podia- lion, five hundred seventy-three mil- trists, and the plastic surgeons. HONORING CENTENNIAL OF lion. Larry received his nurse anesthesia BROWNE’S MARKET AND DELI Five years ago, July 17, 1996, the Fed- education at the University of Ala- eral debt stood at $5,162,070,000,000, five ∑ Mrs. CARNAHAN. Mr. President, it is bama, Birmingham, where he also trillion, one hundred sixty-two billion, the 100th anniversary of a business in earned his bachelor’s of science and seventy million. Kansas City, MO that represents the nursing degrees. He is currently presi- Ten years ago, July 17, 1991, the Fed- entrepreneurial spirit that has made dent of Anesthesia Professionals, Inc., eral debt stood at $3,541,621,000,000, America great. In 1901, two Irish immi- in Montgomery, AL, and Anesthesia three trillion, five hundred forty-one grants, Edward and Mary Flavin, in Resources Management, Inc., in Bir- billion, six hundred twenty-one mil- search of the American dream, de- mingham, AL. Mr. Hornsby has held lion. signed and constructed a building that various leadership positions in the Fifteen years ago, July 17, 1986, the would serve as a grocery store and AANA as regional director, vice presi- Federal debt stood at $2,070,188,000,000, meat market. The couple wished to de- dent, and president-elect before becom- two trillion, seventy billion, one hun- velop a successful business, catering to ing the national president of AANA in dred eighty-eight million, which re- the needs of the residents in their 2000. Also, Larry has served terms as flects a debt increase of more than $3.5 neighborhood. The Flavins recognized president and vice president for the trillion, $3,644,027,489,048.80, three tril- the opportunity offered in the United Alabama Association of Nurse Anes- lion, six hundred forty-four billion, States and took advantage of it, build- thetists, and has chaired the Govern- twenty-seven million, four hundred ing a strong business that still exists ment Relations and the Educational eighty-nine thousand, forty-eight dol- today. District Six committees. lars and eighty cents during the past 15 The store continued to flourish, prov- In addition to his service to the years. ing to be a profitable investment. But AANA, Mr. Hornsby sits on the Ala- f as the couple grew older, the Flavin bama Board of Nursing Advisory Coun- Grocery store was eventually passed on cil to the Nursing Practice/Discipline ADDITIONAL STATEMENTS to their daughter, Margaret Flavin- Committee and was a representative to Browne, and her husband James the State of Alabama Commission on HONORING COLONEL HAROLD Browne. They continued to operate and Nursing. Adding to his professional ac- DEAN WEEKLEY develop the store, changing the name complishments, Mr. Hornsby has be- to J.R. Browne Grocery. come a nationally recognized speaker ∑ Mr. INHOFE. Mr. President, in a cou- The grocery and building complex is on anesthesia-related topics over the ple of days, July 27th to be exact, I will now operated by Kerry Browne, fourth years. be going to Oshkosh, WI, to attend generation, and is known to Kansas Even with his time commitments to ‘‘2001 Air Venture’’ or the Oshkosh Fly- Citians as Browne’s Market & Deli. The the AANA and in his profession as a In for those of us who are involved in building was designated a historic CRNA, Larry still manages time for his general aviation. This will be the 23rd landmark in 1983, symbolizing the cer- second passion, to fish for bass in the consecutive year that I have gone and tainty of the American dream and the rivers of Alabama. As a bassmaster, it is an event that I look forward to opportunity which embodies it. Mr. Hornsby was president of the Cap- each July. Today we celebrate the contributions ital City Bassmasters in Montgomery, As in years past, I will use the oppor- of the Flavin-Browne family and this AL between 1987–1997. tunity to catch up with old friends, building complex to the cultural, aes- I ask my colleagues to join me today watch a couple of air shows, and look thetic and architectural heritage of in recognizing Mr. Larry G. Hornsby, over hundreds of planes. In addition, Kansas City and Jackson County. The CRNA, BSN, for his notable career and this year I will have the opportunity to great State of Missouri is very proud to outstanding achievements.∑ meet a true American hero, Colonel honor this significant landmark on the Harold Dean Weekley, retired, who will centennial of its founding.∑ f be honored by the WAR BIRDS for his f 30 years of service in the Army Air IN MEMORY OF ALDERMAN Corp and then the United States Air TRIBUTE TO LARRY HORNSBY LORRAINE L. DIXON Force. During World War II, Colonel ∑ Mr. SESSIONS. Mr. President, today ∑ Mr. DURBIN. Mr. President, I would Weekley flew B17’s where he had a I pay tribute to an outstanding rep- like to take this moment to commemo- great many close calls but in each in- resentative of Alabama State, Larry G. rate the life of Lorraine L. Dixon, Al- stance heroically finished his mission Hornsby, CRNA, BSN. Mr. Hornsby will derman from the 8th Ward in the City and on several occasions put his own soon complete his year as national of Chicago. life on the line to protect his crew. president of the American Association Born on Father’s Day, June 18, 1950, I know all my colleagues will agree of Nurse Anesthetists, AANA. I am in the south side neighborhood of with me that we owe the men and very pleased that one of Alabama’s own Bronzeville, she was the youngest of women of the Armed Forces a tremen- was tapped as the 2000–2001 president of five children born to Edwin and Edra dous debt of gratitude because they are this prestigious national organization. Godwin. Alderman Dixon grew up sur- the ones on the front lines protecting The AANA is the professional organi- rounded by friends and family includ- our liberty. Colonel Weekley and his zation that represents more than 28,000 ing her four brothers Edward Jr., generation went above and beyond the practicing Certified Registered Nurse Eddie, Andrew and John. She was par- call of duty when they put their lives Anesthetists, CRNAs. Founded in 1931, ticularly close to her brothers Eddie and careers on hold to fight in a con- the AANA is the professional associa- and John who would do anything to flict a half a world away which many tion representing CRNAs nationwide. protect and please their little sister in- at the time did not believe should in- As you may know, CRNAs administer cluding taking the blame for accidents. volve the United States. Certainly in more than 65 percent of the anesthetics After attending Fuller Elementary hindsight, American involvement in given to patients each year in the School and South Shore High School, World War II was not only the right United States. CRNAs provide anes- she graduated from Chicago State Uni- thing to do but critical to our own se- thesia for all types of surgical cases versity in 1972 with a Bachelor of

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7877 Science Degree in Secondary Edu- membered by many for her willingness tion, Local 25 and the International As- cation and a minor in English Lit- to come to the aid of those in need. The sociation of Bridge, Structural, Orna- erature. constituents of the 8th Ward will not mental and Reinforcing Ironworkers Alderman Dixon’s career in the pub- soon forget her kindness. have also worked together to guar- lic service began soon thereafter. After Alderman Dixon was a member of antee fair wages, increased safety and graduation she became a member of many community boards and profes- needed benefits for their members. the 8th Ward Young Democrats Organi- sional organizations and from these ac- Local 25’s contributions to Detroit zation and became the vice president of tivities she was able to hear and effec- and our Nation can be seen in skylines, the organization in 1977. In that same tively respond to the issues and needs bridges and facilities across our coun- year and again in 1978 she was elected of her constituents in the 8th Ward. try. At the same time, Local 25 has Woman’s Vice Chairman of the Cook Her involvement touched many lives. worked to protect the rights of skilled County Young Democrats. Lorraine L. Dixon was a true leader workers enabling them and their fami- From these positions she went on to and a true public servant. Her accom- lies to build better lives. I know that work for current Cook County Board plishments in life leave a rich legacy to my Senate colleagues join me in salut- President John Stroger during his 1980 all who knew and respected her. She ing Local 25 for all the enthusiasm congressional campaign, and thus has left an extended family that in- they bring to their work everyday, and began a strong alliance between these cludes her mother, Edra, her brothers for all they have done to build our Na- two public servants. President Stroger Edward Jr. and Eddie, and countless tion.∑ was a mentor to Alderman Dixon nieces, nephews, cousins and close per- f throughout her years of community in- sonal friends. I was honored to call her volvement and work for her constitu- a friend and I will miss her warm REMEMBERING THREE GREAT MU- ents. Her years of service with Presi- smile, boundless energy and personal SICIANS, THREE GREAT FRIENDS dent Stroger were representative of the commitment to help those in need.∑ ∑ Mr. MILLER. Mr. President, three intense loyalty she had for her col- f good and uniquely talented men who leagues in public service. spoke to the world through the uni- Alderman Dixon next held positions IN RECOGNITION OF THE 100TH AN- versal language of music died recently. with the Chicago Department of NIVERSARY OF IRONWORKERS Chet Atkins, John Hartford, and Human Services, the Chicago City LOCAL NUMBER 25 Johnny Russell are gone. They are Council Committee on Zoning and the ∑ Mr. LEVIN. Mr. President, today dead, but as long as their music is Committee on Energy. She also served marks the 100th anniversary of Iron- played they remain alive, and they will as an aide to Alderman Keith Caldwell, workers Local Number 25—the largest be for a long, long time. who represented the 8th Ward at the ironworkers local in the Nation. On Chet Atkins was as responsible as time. Saturday, July 21, 2001, thousands of any single person for turning Nash- Lorraine Dixon’s career as an alder- members of Local 25, their families and ville, Tennessee, into ‘‘Music City, man began when she was appointed by friends will gather in Detroit, MI to USA’’ and was the originator of what Mayor Richard M. Daley to complete celebrate this significant milestone. came to be called ‘‘The Nashville the term of the late Alderman Keith Founded on July 18, 1901, and char- Sound.’’ From his position as vice Caldwell in June 1990. Her commitment tered by the International Association president in charge of country music to the position was demonstrated by of Bridge, Structural, Ornamental and for RCA and because of the great re- her scheduling of weekly Monday night Reinforcing Ironworkers, Local 25 is re- spect other artists had for him, he was meetings with constituents of the 8th sponsible for the construction of much able to influence the direction the Ward. Alderman Dixon won her first al- of modern day Detroit. As we continue music went in and who the artists were dermanic election to represent the 8th to celebrate the 300th anniversary of who made it. Ward in 1991 and won overwhelming re- Detroit, many of the most notable A laconic, modest man, Chet Atkins elections in 1995 and 1999, dem- landmarks that dot Detroit’s skyline played down his own importance and onstrating the support she inspired were constructed by members of Local referred to himself simply as ‘‘a pick- from her constituents. During her 25. Cobo Hall, the Broadway Theater, er.’’ years as the standard bearer for the 8th the Renaissance Center and many of John Hartford is best known as the Ward, she served as Chairman of the the cities’ auto plants are just a few of songwriter of ‘‘Gentle On My Mind,’’ Human Relations Committee and the facilities constructed with the help one of country music’s most recorded Chairman of the Subcommittee on of Local 25. songs and as the banjo picker in the MBE/WBE and Affirmative Action Mat- Dubbed ‘‘I-beam cowboys’’ or ‘‘cow- Glenn Campbell and Smothers Brothers ters. In 1993 she was elected President boys of the sky,’’ because of their inde- Shows. But he was much more than Pro Tempore of the Chicago City Coun- pendent nature and the fact that they that. He was a versatile musician who cil, becoming the first woman in the often work hundreds of feet above recorded nearly 40 albums of his own history of the Chicago City Council to ground on steel beams only a few and appeared most recently on the be so honored. Then in August 1994 she inches wide, ironworkers are proud of soundtrack of ‘‘O Brother, Where Art was elected as the first woman to serve the challenging and rewarding nature Thou?’’ as Chairman of the Committee on the of their work. Ironworkers are not to Johnny Russell was a country music Budget and Government Operations. be confused with steelworkers who singer and songwriter, but it was one of From this powerful committee she was make steel. Ironworkers take architec- his songs by The Beatles that was his able to oversee taxpayer dollars used to tural plans and turn them into massive most successful compositions. It was support programs in the city that she steel structures. This work can send called ‘‘Act Naturally’’ and was on the loved. She served her ward, and the en- ironworkers all over the country—in flip side of the Beatles’ single ‘‘Yester- tire City of Chicago, with passion and fact, some members of Local 25 are day.’’ His biggest hit as a singer was grace. working in our very backyard on the ‘‘Red Necks, White Socks and Blue Rib- Her dedication to the public was biggest steel project underway in bon Beer.’’ equaled only by her dedication to God North America: the Washington, DC Much more could be said, and has and her unwavering faith gave her Convention Center. been said, about these three remark- courage as she battled breast cancer. The independent nature of iron- able talents who died so closely to- Alderman Dixon’s faith gave her the workers makes the success of Local 25 gether. The New York Times wrote strength to overcome the anguish of even more significant. While one lengthy obituaries of both Atkins and being diagnosed with this grave disease should never doubt the strength of an Hartford. and to continue her work in the 8th individual ironworker, the strength of I had the good fortune of knowing all Ward during the last days of her life. ironworkers uniting together around a three as personal friends. Chet once She worshiped at Christ Temple Cathe- common goal is something to behold. showed me the toilet stall in a school dral and was active within the commu- While their collective work is evident in Harris County, Georgia, where as a nity of the 8th Ward, where she is re- in beautiful structures across our Na- young picker using it, he got the idea

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7878 CONGRESSIONAL RECORD — SENATE July 18, 2001 for an echo chamber. John Hartford from the President of the United *Nomination was reported with rec- and his talented son, Jamie, have States submitting sundry nominations ommendation that it be confirmed subject to stayed up late with me at the Georgia which were referred to the appropriate the nominees’s commitment to respond to Governor’s Mansion picking and sing- committees. requests to appear and testify before any duly constituted committee of the Senate. ing. And Johnny Russell always said (The nominations received today are my wife, Shirley, made the best bis- printed at the end of the Senate pro- f cuits he had ever eaten. Coming from a ceedings.) 275-pound man with a tremendous ap- f petite, she always considered that to be INTRODUCTION OF BILLS AND the supreme compliment. MESSAGE FROM THE HOUSE JOINT RESOLUTIONS I will miss them. America will miss At 3:47 p.m., a message from the The following bills and joint resolu- them. But their music still lives. House of Representatives, delivered by tions were introduced, read the first Thank God, their music still lives.∑ Ms. Niland, one of its reading clerks and second times by unanimous con- f announced that the House has passed sent, and referred as indicated: the following bill and joint resolution, By Mr. LOTT (for himself and Mr. COMCAST LEADERS OF in which it requests the concurrence of DASCHLE): TOMORROW SCHOLARSHIPS the Senate: S. 1190. A bill to amend the Internal Rev- ∑ Mr. CORZINE. Mr. President, it is a H.R. 807. An act for the relief of Rabon enue Code of 1986 to rename the education pleasure to take this opportunity to Lowry of Pembroke, North Carolina. individual retirement accounts as the Cover- dell education savings account; considered recognize the 144 New Jersey students H.J. Res. 36. Joint resolution proposing an amendment to the Constitution of the and passed. who were recently selected to receive By Mr. KOHL: this year’s Comcast Leaders of Tomor- United States authorizing the Congress to prohibit the physical desecration of the flag S. 1191. An original bill making appropria- row Scholarship. The company awarded of the United States. tions for Agriculture, Rural Development, scholarships totaling $144,000 to college Food and Drug Administration, and Related bound students from 96 high schools The message also announced that the Agencies programs for the fiscal year ending throughout New Jersey. Each scholar House disagreed to the amendment of September 30, 2002, and for other purposes; is receiving a grant in the amount of the Senate to the bill (H.R. 1) entitled from the Committee on Appropriations; $1,000 to pursue further, post-secondary ‘‘An act to close the achievement gap placed on the calendar. with accountability, flexibility, and By Mr. CLELAND (for himself, Ms. studies. To be considered for this schol- SNOWE, Mr. SCHUMER, and Mr. HOL- arship, prospective candidates were re- choice, so that no child is left behind,’’ and agreed to the conference asked by LINGS): quired to demonstrate a positive atti- S. 1192. A bill to amend the Internal Rev- the Senate to the disagreeing votes of tude, outstanding academic achieve- enue Code of 1986 to provide a tax credit for ment, exemplary leadership skills, and the two Houses thereon. modifications to intercity buses required a serious commitment to community f under the Americans with Disabilities Act of 1990; to the Committee on Finance. service. Therefore, it is with great MEASURES REFERRED pride that I bring the outstanding ac- By Mr. BAYH: The following bill was read the first S. 1193. A bill to provide for the certain of complishments of these individuals private-sector-led Community Workforce from the great State of New Jersey to and the second times by unanimous consent, and referred as indicated: Partnerships, and for other purposes; to the your attention. Committee on Health, Education, Labor, and Education has always been one of my H.R. 807. An act for the relief of Rabon Pensions. top priorities. In an era of Lowry of Pembroke, North Carolina; to the By Mr. SPECTER (for himself, Ms. globalization and high technology, it is Committee on the Judiciary. STABENOW, and Mr. WARNER): vital that each child has access to a f S. 1194. A bill to impose certain limitations world-class education that emphasizes on the receipt of out-of-State municipal MEASURES READ THE FIRST TIME solid waste, to authorize State and local con- the importance of both academics and trols over the flow of municipal solid waste, social responsibility. The quality of The following joint resolution was read the first time: and for other purposes; to the Committee on our educational system will determine Environment and Public Works. the future of our children, our nation, H.J. Res. 36. Joint resolution proposing an By Mr. SARBANES (for himself, Ms. as well as the world. amendment to the Constitution of the MIKULSKI, Mr. BOND, Mr. REID, Mr. At a time in history where environ- United States authorizing the Congress to SCHUMER, Mr. CORZINE, and Mr. DUR- prohibit the physical desecration of the flag BIN): mental hazards and civil conflicts have of the United States. captured our interests, we must not S. 1195. A bill to amend the National Hous- f ing Act to clarify the authority of the Sec- abandon the ongoing battle to mod- retary of Housing and Urban Development to ernize schools and reform education. It REPORTS OF COMMITTEES terminate mortgagee origination approval is truly gratifying to learn how these RECEIVED DURING RECESS for poorly performing mortgagees; to the individuals from New Jersey are chal- The following reports of committees Committee on Banking, Housing, and Urban lenging themselves to reach their high- Affairs. were submitted on July 18, 2001: est potential. As these students quick- By Mr. BOND (for himself and Mr. ly emerge as the future leaders in our By Mr. KOHL, from the Committee on Ap- KERRY): propriations, without amendment: society, I would ask that my colleagues S. 1196. A bill to amend the Small Business S. 1191: An original bill making appropria- Investment Act of 1958, and for other pur- join me in applauding this year’s tions for Agriculture, Rural Development, poses; to the Committee on Small Business Comcast Leaders of Tomorrow Scholar- Food and Drug Administration, and Related and Entrepreneurship. ship winners for their remarkable ac- Agencies programs for the fiscal year ending September 30, 2002, and for other purposes complishments and their sincere desire f to make a difference.∑ (Rept. No. 107–41). f f SUBMISSION OF CONCURRENT AND MESSAGES FROM THE PRESIDENT EXECUTIVE REPORTS OF SENATE RESOLUTIONS COMMITTEE Messages from the President of the The following concurrent resolutions United States were communicated to The following executive reports of and Senate resolutions were read, and the Senate by Mr. Williams, one of his committee were submitted: referred (or acted upon), as indicated: secretaries. By Mr. SARBANES for the Committee on By Mr. DASCHLE (for himself and Mr. Banking, Housing, and Urban Affairs. LOTT): f *Mark B. McClellan, of California, to be a S. Res. 136. A resolution to authorize testi- EXECUTIVE MESSAGES REFERRED Member of the Council of Economic Advis- mony, document production, and legal rep- ers. resentation in State of Connecticut v. Ken- As in executive session the Presiding *Sheila C. Bair, of Kansas, to be an Assist- neth J. LaFontaine, Jr; considered and Officer laid before the Senate messages ant Secretary of the Treasury. agreed to.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7879 ADDITIONAL COSPONSORS Revenue Code of 1986 to repeal the 4.3- cultural and animal waste sources as a S. 60 cent motor fuel exercise taxes on rail- renewable energy resource. roads and inland waterway transpor- S. 856 At the request of Mr. STEVENS, the name of the Senator from North Caro- tation which remain in the general At the request of Mr. KERRY, the fund of the Treasury. lina (Mr. HELMS) was added as a co- name of the Senator from Missouri sponsor of S. 60, a bill to authorize the S. 677 (Mrs. CARNAHAN) was added as a co- Department of Energy programs to de- At the request of Mr. HATCH, the sponsor of S. 856, a bill to reauthorize velop and implement an accelerated re- name of the Senator from California the Small Business Technology Trans- search and development program for (Mrs. FEINSTEIN) was added as a co- fer Program, and for other purposes. advanced clean coal technologies for sponsor of S. 677, a bill to amend the S. 871 use in coal-based electricity generating Internal Revenue Code of 1986 to repeal At the request of Mr. CLELAND, the facilities and to amend the Internal the required use of certain principal re- name of the Senator from Massachu- Revenue Code of 1986 to provide finan- payments on mortgage subsidy bond fi- setts (Mr. KENNEDY) was added as a co- cial incentives to encourage the retro- nancing to redeem bonds, to modify the sponsor of S. 871, a bill to amend chap- fitting, repowering, or replacement of purchase price limitation under mort- ter 83 of title 5, United States Code, to coal-based electricity generating facili- gage subsidy bond rules based on me- provide for the computation of annu- ties to protect the environment and dian family income, and for other pur- ities for air traffic controllers in a improve efficiency and encourage the poses. similar manner as the computation of early commercial application of ad- S. 697 annuities for law enforcement officers vanced clean coal technologies, so as to At the request of Mr. HATCH, the and firefighters. allow coal to help meet the growing name of the Senator from Nevada (Mr. S. 913 need of the United States for the gen- ENSIGN) was added as a cosponsor of S. At the request of Ms. SNOWE, the eration of reliable and affordable elec- 697, a bill to modernize the financing of name of the Senator from Oklahoma tricity. the railroad retirement system and to (Mr. INHOFE) was added as a cosponsor S. 159 provide enhanced benefits to employees of S. 913, a bill to amend title XVIII of the Social Security Act to provide for At the request of Mrs. BOXER, the and beneficiaries. name of the Senator from Maine (Ms. S. 723 coverage under the medicare program of all oral anticancer drugs. COLLINS) was added as a cosponsor of S. At the request of Mr. SPECTER, the 159, a bill to elevate the Environmental name of the Senator from Minnesota S. 999 Protection Agency to a cabinet level (Mr. DAYTON) was added as a cosponsor At the request of Mr. BINGAMAN, the department, to redesignate the Envi- of S. 723, a bill to amend the Public name of the Senator from Hawaii (Mr. ronmental Protection Agency as the Health Service Act to provide for AKAKA) was added as a cosponsor of S. Department of Environmental Protec- human embryonic stem cell generation 999, a bill to amend title 10, United tion Affairs, and for other purposes. and research. States Code, to provide for a Korea De- fense Service Medal to be issued to S. 258 S. 794 members of the Armed Forces who par- At the request of Ms. SNOWE, the At the request of Mrs. LINCOLN, the ticipated in operations in Korea after name of the Senator from Virginia (Mr. name of the Senator from South Caro- the end of the Korean War. WARNER) was added as a cosponsor of S. lina (Mr. HOLLINGS) was added as a co- 258, a bill to amend title XVIII of the sponsor of S. 794, a bill to amend the S. 1002 Social Security Act to provide for cov- Internal Revenue Code of 1986 to facili- At the request of Ms. SNOWE, the erage under the medicare program of tate electric cooperative participation name of the Senator from Georgia (Mr. annual screening pap smear and screen- in a competitive electric power indus- CLELAND) was added as a cosponsor of ing pelvic exams. try. S. 1002, a bill to amend the Internal Revenue Code of 1986 to modify certain S. 304 S. 816 provisions relating to the treatment of At the request of Mr. LEAHY, the At the request of Mr. BREAUX, the forestry activities. name of the Senator from Florida (Mr. name of the Senator from Utah (Mr. S. 1008 GRAHAM) was added as a cosponsor of S. HATCH) was added as a cosponsor of S. At the request of Mr. STEVENS, the 304, a bill to reduce illegal drug use and 816, a bill to amend the Internal Rev- names of the Senator from West Vir- trafficking and to help provide appro- enue Code of 1986 to allow certain coins ginia (Mr. ROCKEFELLER) and the Sen- priate drug education, prevention, and to be acquired by individual retirement ator from Maine (Ms. COLLINS) were treatment programs. accounts and other individually di- added as cosponsors of S. 1008, a bill to rected pension plan accounts. S. 367 amend the Energy Policy Act of 1992 to At the request of Mrs. BOXER, the S. 826 develop the United States Climate names of the Senator from South Da- At the request of Mrs. LINCOLN, the Change Response Strategy with the kota (Mr. DASCHLE) and the Senator name of the Senator from Arkansas goal of stabilization of greenhouse gas from Rhode Island (Mr. REED) were (Mr. HUTCHINSON) was added as a co- concentrations in the atmosphere at a added as cosponsors of S. 367, a bill to sponsor of S. 826, a bill to amend title level that would prevent dangerous an- prohibit the application of certain re- XVIII of the Social Security Act to thropogenic interference with the cli- strictive eligibility requirements to eliminate cost-sharing under the medi- mate system, while minimizing adverse foreign nongovernmental organizations care program for bone mass measure- short-term and long-term economic with respect to the provision of assist- ments. and social impacts, aligning the Strat- ance under part I of the Foreign Assist- S. 836 egy with United States energy policy, ance Act of 1961. At the request of Mr. CRAIG, the and promoting a sound national envi- S. 583 name of the Senator from Washington ronmental policy, to establish a re- At the request of Mr. KENNEDY, the (Mrs. MURRAY) was added as a cospon- search and development program that name of the Senator from Illinois (Mr. sor of S. 836, a bill to amend part C of focuses on bold technological break- DURBIN) was added as a cosponsor of S. title XI of the Social Security Act to throughs that make significant 583, a bill to amend the Food Stamp provide for coordination of implemen- progress toward the goal of stabiliza- Act of 1977 to improve nutrition assist- tation of administrative simplification tion of greenhouse gas concentrations, ance for working families and the el- standards for health care information. to establish the National Office of Cli- derly, and for other purposes. S. 845 mate Change Response within the Ex- S. 661 At the request of Mr. CRAPO, the ecutive Office of the President, and for At the request of Mr. THOMPSON, the name of the Senator from Nebraska other purposes. name of the Senator from Colorado (Mr. HAGEL) was added as a cosponsor S. 1018 (Mr. ALLARD) was added as a cosponsor of S. 845, a bill to amend the Internal At the request of Mr. LEVIN, the of S. 661, a bill to amend the Internal Revenue Code of 1986 to include agri- name of the Senator from Vermont

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7880 CONGRESSIONAL RECORD — SENATE July 18, 2001 (Mr. JEFFORDS) was added as a cospon- ket economies and democratic institu- ‘‘EDUCATION INDIVIDUAL RETIREMENT’’ each sor of S. 1018, a bill to provide market tions, in sub-Saharan Africa. place it appears and inserting ‘‘COVERDELL loss assistance for apple producers. EDUCATION SAVINGS’’. f (A) Section 72(e)(9). S. 1019 STATEMENTS ON INTRODUCED (B) Section 135(c)(2)(C). At the request of Mrs. FEINSTEIN, the BILLS AND JOINT RESOLUTIONS (C) Section 529(c)(3)(B)(vi). name of the Senator from Illinois (Mr. (D) Section 4975(c)(5). DURBIN) was added as a cosponsor of S. By Mr. LOTT (for himself and Mr. (4) The heading for section 4973(e) of such 1019, a bill to provide for monitoring of DASCHLE). Code is amended by striking ‘‘EDUCATION IN- aircraft air quality, to require air car- S. 1190. A bill to amend the Internal DIVIDUAL RETIREMENT’’ and inserting riers to produce certain mechanical Revenue Code of 1986 to rename the ‘‘COVERDELL EDUCATION SAVINGS’’. (c) EFFECTIVE DATE.—The amendments and maintenance records, and for other education individual retirement ac- counts as the Coverdell education sav- made by this section shall take effect on the purposes. date of the enactment of this Act. ings account; considered and passed. S. 1025 Mr. LOTT. Mr. President, I ask unan- By Mr. CLELAND (for himself, At the request of Mr. LIEBERMAN, the imous consent that the text of the bill name of the Senator from South Da- Ms. SNOWE, Mr. SCHUMER, and be printed in the RECORD. Mr. HOLLINGS): kota (Mr. JOHNSON) was added as a co- There being no objection, the bill was sponsor of S. 1025, a bill to provide for S. 1192. A bill to amend the Internal ordered to be printed in the RECORD, as savings for working families. Revenue Code of 1986 to provide a tax follows: credit for modifications to intercity S. 1152 S. 1190 buses required under the Americans At the request of Mr. DURBIN, the Be it enacted by the Senate and House of Rep- with Disabilities Act of 1990; to the name of the Senator from Minnesota resentatives of the United States of America in Committee on Finance. (Mr. DAYTON) was added as a cosponsor Congress assembled, Mr. CLELAND. Mr. President, in the of S. 1152, a bill to ensure that the busi- SECTION 1. RENAMING EDUCATION INDIVIDUAL summer of 1990, President George Bush ness of the Federal Government is con- RETIREMENT ACCOUNTS AS COVER- signed the Americans with Disabilities DELL EDUCATION SAVINGS AC- ducted in the public interest and in a Act, ADA, into law saying, ‘‘Let the manner that provides for public ac- COUNTS. (a) IN GENERAL.— shameful wall of exclusion finally come countability, efficient delivery of serv- (1) Section 530 of the Internal Revenue tumbling down.’’ With intercity buses ices, reasonable cost savings, and pre- Code of 1986 is amended by striking ‘‘an edu- playing an important role in trans- vention of unwarranted Government cation individual retirement account’’ each porting millions of passengers through- expenses, and for other purposes. place it appears and inserting ‘‘a Coverdell out the country, we must ensure the S. 1185 education savings account’’. means are available for all Americans (2) Section 530(a) of such Code is amended— At the request of Mr. WYDEN, the to access this transportation mode. (A) by striking ‘‘An education individual name of the Senator from Oregon (Mr. retirement account’’ and inserting ‘‘A Cover- That is why I am introducing, along SMITH) was added as a cosponsor of S. dell education savings account’’, and with Senators SNOWE, HOLLINGS, and 1185, a bill to amend title XVIII of the (B) by striking ‘‘the education individual SCHUMER, a bill to provide tax credits Social Security Act to assure access of retirement account’’ and inserting ‘‘the to intercity bus companies which pur- medicare beneficiaries to prescription Coverdell education savings account’’. chase coaches in compliance with the drug coverage through the SPICE drug (3) Section 530(b)(1) of such Code is amend- ADA. Our bill expands a current tax benefit program. ed— credit to give bus owners a 50 percent (A) by striking ‘‘education individual re- tax credit of the cost of purchasing and S. 1188 tirement account’’ in the text and inserting At the request of Mr. ROCKEFELLER, ‘‘Coverdell education savings account’’, and installing hydraulic wheelchair lifts the name of the Senator from Pennsyl- (B) by striking ‘‘EDUCATION INDIVIDUAL RE- and other devices to improve accessi- vania (Mr. SPECTER) was added as a co- TIREMENT ACCOUNT’’ in the heading and in- bility. sponsor of S. 1188, a bill to amend title serting ‘‘COVERDELL EDUCATION SAVINGS AC- As my colleagues know, I have long 38, United States Code, to enhance the COUNT’’. been a proponent of ensuring accessi- authority of the Secretary of Veterans (4) Sections 530(d)(5) and 530(e) of such Code bility. In fact, while I was a member of are amended by striking ‘‘education indi- the Georgia State Senate in the early Affairs to recruit and retain qualified vidual retirement account’’ each place it ap- nurses for the Veterans Health Admin- 1970s, I sponsored a bill to make public pears and inserting ‘‘Coverdell education facilities accessible to the disabled, istration, and for other purposes. savings account’’. and this bill became law. Georgia was a S.J. RES. 12 (5) The heading for section 530 of such Code national leader at that time, and I At the request of Mr. SMITH of New is amended to read as follows: have been pleased to see the changes Hampshire, the names of the Senator ‘‘SEC. 530. COVERDELL EDUCATION SAVINGS AC- COUNTS.’’. throughout the country with regard to from Connecticut (Mr. LIEBERMAN), the (6) The item in the table of contents for accessibility over the past three dec- Senator from Vermont (Mr. LEAHY), part VII of subchapter F of chapter 1 of such ades. However, there is more that can the Senator from Vermont (Mr. JEF- Code relating to section 530 is amended to and should be done. FORDS), and the Senator from Rhode Is- read as follows: With their reliability, safety and low land (Mr. CHAFEE) were added as co- ‘‘Sec. 530. Coverdell education savings ac- cost, over the road buses are the pre- sponsors of S.J. Res. 12, a joint resolu- counts.’’. ferred mode of transportation for mil- tion granting the consent of Congress (b) CONFORMING AMENDMENTS.— lions of Americans, and with the 2012 to the International Emergency Man- (1) The following provisions of the Internal deadline to have all over the road buses agement Assistance Memorandum of Revenue Code of 1986 are amended by strik- be wheelchair accessible approaching, Understanding. ing ‘‘an education individual retirement’’ it is time for Congress to aid in meet- S. RES. 119 each place it appears and inserting ‘‘a Cover- ing this mandate. The Transportation At the request of Mr. BAYH, the name dell education savings’’: Research Board estimates that the an- of the Senator from North Dakota (Mr. (A) Section 72(e)(9). (B) Section 135(c)(2)(C). nual coast of upgrading and replacing CONRAD) was added as a cosponsor of S. (C) Section 4973(a). the over the road bus fleet could aver- Res. 119, a resolution combating the (D) Subsections (c) and (e) of section 4975. age $25–$27 million, not to mention the Global AIDS pandemic. (2) The following provisions of such Code extra training and maintenance costs. S. CON. RES. 53 are amended by striking ‘‘education indi- At the heart of the intercity bus indus- At the request of Mr. HAGEL, the vidual retirement’’ each place it appears in try are small businesses, on which this name of the Senator from South Da- the text and inserting ‘‘Coverdell education deadline would impose a significant savings’’: kota (Mr. DASCHLE) was added as a co- toll. If these small businesses can not (A) Section 26(b)(2)(E). sponsor of S. Con. Res. 53, concurrent (B) Section 4973(e). meet this deadline, the rural commu- resolution encouraging the develop- (C) Section 6693(a)(2)(D). nities that have no other means of ment of strategies to reduce hunger (3) The headings for the following provi- transportation will suffer, or large por- and poverty, and to promote free mar- sions of such Code are amended by striking tions of the upgrade costs will be

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7881 passed on to consumers in the form of It is time that the largest trash ex- municipal solid waste, the issue of higher fares, that is, unless Congress porting States bite the bullet and take waste flow control authority. On May provides some assistance. Our legisla- substantial steps towards self-suffi- 16, 1994, the Supreme Court held (6–3) in tion would do exactly that. ciency for waste disposal. The legisla- Carbone versus Clarkstown that a flow I believe that bus service is destined tion passed by the Senate in the 103rd control ordinance, which requires all to play an ever important role in trans- and 104th Congresses would have pro- solid waste to be processed at a des- portation planning. In my home State vided much-needed relief to Pennsyl- ignated waste management facility, of Georgia, many of the metropolitan vania, which is by far the largest im- violates the Commerce Clause of the counties have been declared as out of porter of out-of-State waste in the Na- United States Constitution. In striking attainment with the Clean Air Act. As tion. According to the Pennsylvania down the Clarkstown ordinance, the a result, Georgia is re-evaluating its Department of Environmental Protec- Court stated that the ordinance dis- transportation priorities, which in- tion, 3.9 million tons of out-of-State criminated against interstate com- cludes moving people between intercity municipal solid waste entered Pennsyl- merce by allowing only the favored op- destinations. Personally, I envision a vania in 1993, rising to 4.3 million tons erator to process waste that is within Georgia, and a United States, where in 1994, 5.2 million in 1995, 6.3 million the town’s limits. As a result of the buses play an important role in trans- tons from out-of-State in 1996 and 1997, Court’s decision, flow control ordi- porting people to hub cities for work or and a record 7.2 million tons in 1998, nances in Pennsylvania and other to transfer to another mode of trans- which are the most recent statistics States are considered unconstitutional. portation. available. Most of this trash came from I have met with country commis- The cost to us if we lose bus services New York and New Jersey, with New sioners who have made clear that this is incalculable. All segments of the York responsible for 44 percent and issue is vitally important to the local community will obviously be affected New Jersey responsible for 41 percent governments in Pennsylvania and my and not for the better. However, by of the municipal solid waste imported office has, over the past years received working together, legislators, the dis- into Pennsylvania in 1998. numerous phone calls and letters from This is not a problem limited to one abled, the elderly, and the bus industry individual Pennsylvania counties and small corner of my State. Millions of municipal solid waste authorities that can and must strengthen bus service tons of trash generated in other States for all communities and the millions of support waste flow control legislation. find their final resting place in more Since 1988, flow control has been the Americans who use the service of over than 50 landfills throughout Pennsyl- the road buses. I encourage my col- primary tool used by Pennsylvania vania. counties to enforce solid waste plans leagues to join in support of this legis- Now, more than ever, we need legisla- and meet waste reduction and recy- lation. tion which will go a long way toward cling goals or mandates. Many Penn- resolving the landfill problems facing By Mr. SPECTER (for himself, sylvania jurisdictions have spent a con- Pennsylvania, Indiana, and similar Ms. STABENOW, and Mr. WAR- siderable amount of public funds on waste importing States. I am particu- NER): larly concerned by the developments in disposal facilities, including upgraded S. 1194. A bill to impose certain limi- New York, where the closure of the sanitary landfills, state-of-the-art re- tations on the receipt of out-of-State city’s one remaining landfill, Fresh source recovery facilities, and co- municipal solid waste, to authorize Kills, has been announced this year. I composting facilities. In the absence of State and local controls over the flow am advised that 13,200 tons per day of flow control authority, I am advised of municipal solid waste, and for other New York City trash were sent there that many of these worthwhile projects purposes; to the Committee on environ- and that Pennsylvania is a likely des- could be jeopardized and that there has ment and Public Works. tination of this trash. been a fiscal impact on some commu- Mr. SPECTER. Mr. President, I have I have met with county officials, en- nities where there are debt service ob- sought recognition to introduce a bill vironmental groups, and other Penn- ligations. that would allow States to pass laws sylvanians to discuss the solid waste In order to fix these problems, my limiting the import of waste from issue specifically, and it often comes legislation would provide a presump- other States. Addressing the interstate up in the public open house town meet- tive ban on all out-of-state municipal shipment of solid waste is a top envi- ings I conduct in all of Pennsylvania’s solid waste, including construction and ronmental priority for millions of 67 counties. I came away from those demolition debris, unless a landfill ob- Pennsylvanians and for me. As you are meetings impressed by the deep con- tains the agreement of the local gov- aware, Congress came very close to en- cerns expressed by the residents of ernment to allow for the importation acting legislation to address this issue communities which host a landfill rap- of waste. It would provide a freeze au- in 1994, and the Senate passed inter- idly filling up with the refuse of mil- thority to allow a State to place a state waste and flow control legislation lions of New Yorkers and New limit on the amount of out-of-State in May, 1995 by an overwhelming 94–6 Jerseyans whose States have failed to waste received annually at each facil- margin, only to see it die in the House adequately manage the waste they gen- ity. It would also provide a ratchet au- of Representatives. I look forward to erate. thority to allow a State to gradually my new role as a member of the Senate Recognizing the recurrent problem of reduce the amount of out-of-state mu- Committee on Environment and Public landfill capacity in Pennsylvania, since nicipal waste that may be received at Works and am confident that with the 1989 I have pushed to resolve the inter- facilities. These provisions will provide strong leadership of my colleagues state waste crisis. I have introduced a concrete incentive for the largest ex- Chairmen CHAFEE and SMITH, we can legislation with my late colleague, porting states to get a handle on their get quick action on a strong waste bill Senator John Heinz, and then with solid waste management immediately. and put the necessary pressure on the former Senator Dan Coats along with To address the problem of flow control other body to conclude this effort once cosponsors from both sides of the aisle my bill would provide authority to and for all. which would have authorized States to allow local governments to designate As you are aware, the Supreme Court restrict the disposal of out-of-State where privately collected waste must has put us in the position of having to municipal waste in any landfill or in- be disposed. This would be a narrow fix intervene in the issue of trash ship- cinerator within its jurisdiction. I was for only those localities that con- ments. In recent years, the Court has pleased when many of the concepts in structed facilities before the 1994 Su- struck down State laws restricting the our legislation were incorporated in preme Court ruling and who relied on importation of solid waste from other the Environment and Public Works their ability to regulate the flow of jurisdictions under the Interstate Com- Committee’s reported bills in the 103rd garbage to pay for their municipal merce Clause of the U.S. Constitution. and 104th Congresses, and I supported bonds. The only solution is for Congress to these measures during floor consider- This is an issue that affects numer- enact legislation conferring such au- ation. ous states, and I urge my colleagues to thority on the States, which would During the 103rd Congress, we en- support this very important legisla- then be Constitutional. countered a new issue with respect to tion.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7882 CONGRESSIONAL RECORD — SENATE July 18, 2001 By Mr. SARBANES (for himself, Since HUD launched Credit Watch in provided a financial boost at critical Ms. MIKULSKI, Mr. BOND, Mr. May 1999, the Department has termi- points in the early growth period for REID, Mr. SCHUMER, Mr. nated the origination approval agree- many companies that are familiar to CORZINE, and Mr. DURBIN): ments of 77 lender branches. An addi- all of us. For example, Federal Express S. 1195. A bill to amend the National tional 177 lender branches were placed received a needed infusion of capital Housing Act to clarify the authority of on Credit Watch, warning, status. from two SBA-licensed SBICs at a crit- the Secretary of Housing and Urban The legislation accounts for differing ical juncture in its development stage. Development to terminate mortgagee regional by ensuring that lenders are The SBIC program also helped other origination approval for poorly per- only compared to other making loans well-known companies, when they were forming mortgagees; to the Committee in the same community. It also pro- not so well-known, such as Intel, Out- on Banking, Housing, and Urban Af- vides a manner by which terminated back Steakhouse, America Online, and fairs. lenders may appeal the decision of the Callaway Golf. Mr. SARBANES. Mr. President, FHA, if they believe that mitigating What is not well known is the ex- today Senator MIKULSKI, Senator factors may justify higher default traordinary help the SBIC program BOND, and I, along with a number of rates. provides to Main Street America small our colleagues, are introducing, ‘‘The When lenders make loans with no re- businesses. These are companies we Credit Watch Act of 2001,’’ a bill that gard for the consumer or the health of know from home towns all over the will authorize the Federal Housing Ad- the community, the FHA must be able United States. Main Street companies ministration (FHA), to identify lenders to take action in a timely manner so provide both stability and growth in who have excessively high early default that costly abuses of the FHA insur- our local business communities. A good and claim rates and consequently ter- ance fund can be stopped. Quick action example of a Main Street company is minate their origination approval. This not only protects the health of the Mu- Steelweld Equipment Company, found- legislation is necessary to protect the tual Mortgage Insurance, MMI, fund, it ed in 1932, which designs and manufac- FHA fund and take action against lend- protect neighborhoods from the detri- tures utility truck bodies in St. Clair, ers who are contributing to the dete- mental effects of high vacancy rates Missouri. The truck bodies are mount- ed on chassis made by Chrysler, Ford, rioration of our neighborhoods. and consumers from the pain of fore- and General Motors. Steelweld provides A rash of FHA loan defaults have led closure and serious damage to their truck bodies for Southwestern Bell to foreclosures and vacant properties credit. Telephone Co., Texas Utilities, Par- in cities around the country. In Balti- Lenders that offer loans to individ- agon Cable, GTE, and GE Capital Fleet. more, the effects of high foreclosure uals who cannot afford them should Steelweld is a privately held, woman- rates are acute. In some neighbor- not be able to continue making those hoods, there are many vacant fore- owned corporation. The owner, Elaine loans. It is a bad deal for taxpayers. It closed homes within just a few block of Hunter, went to work for Steelweld in is a bad deal for neighborhoods. It is a each other. This can often be the begin- 1966 as a billing clerk right out of high bad deal for the families who take out ning of a neighborhood’s decline. The school. She rose through the ranks of the loan. high volume of vacant properties cre- the company and was selected to serve Credit Watch is an useful and effi- ates a perception that both the prop- on the board of directors. In December cient way for the FHA to prevent these erty and the neighborhood are not 1995, following the death of Steelweld’s unfortunate foreclosures from hap- highly valued. In turn, these neighbor- founder and owner, Ms. Hunter re- pening. While we need to address the hoods deteriorate physically and often ceived financing from a Missouri-based larger issue of predatory lending in our attract criminal activity. SBIC, Capital for Business, CFB, Ven- It’s like a rotten apple in a barrel. communities. ‘‘Credit Watch’’ is an ob- ture Fund II, to help her complete the The rundown appearance of one home vious and immediate solution to one acquisition of Steelweld. CFB provided spreads to the surrounding neighbor- part of this problem. $500,000 in subordinated debt. Senior bank debt and seller debt were also hood. Stabilization and revitalization By Mr. BOND (for himself and efforts are undermined by the presence used in the acquisition. Mr. KERRY): Since Ms. Hunter acquired Steelweld, of abandoned homes. S. 1196. A bill to amend the Small The Department of Housing and its manufacturing process was rede- Business Investment Act of 1958, and Urban Development, HUD, community signed to make the company run more for other purposes; to the Committee activists, and local law makers have efficiently. By 1997, Steelweld’s profit- on Small Business and Entrepreneur- come together to examine the loans ability had doubled, with annual sales ship. being made in neighborhoods with high of $10 million and 115 employees. SBIC Mr. BOND. Mr. President, today I am foreclosure rates. program success stories like Ms. Hunt- introducing the Small Business Invest- In Baltimore and other cities, these er’s experience at Steelweld occur reg- ment Company Amendments Act of groups that careless lenders are offer- ularly throughout the United States. ing the FHA insured loans to families 2001. This bill is important for one sim- In 1991, the SBIC program was experi- who cannot afford to pay them back. ple reason: once enacted it paves the encing major losses, and the future of This results in defaults and fore- way for more investment capital to be the program was in doubt. Con- closures. A foreclosed property can eas- available for more small businesses sequently, in 1992 and 1996, the Com- ily turn into an uninhabited home, that are seeking to grow and hire new mittee on Small Business worked which can either begin or continue a employees. closely with the Small Business Ad- cycle of decline. In 1958, Congress created the SBIC ministration to correct deficiencies in In an effort to reduce the number of program to assist small business own- the law in order to ensure the future of loans that end in foreclosure, the FHA ers in obtaining investment capital. the program. developed several new oversight meth- Forty years later, small businesses Today, the SBIC Program is expand- ods, one of which is ‘‘Credit Watch.’’ continue to experience difficulty in ob- ing rapidly in an effort to meet the ‘‘Credit Watch’’ is an automated sys- taining investment capital from banks growing demands of small business tem that keeps track of the number of and traditional investment sources. Al- owners for debt and equity investment early foreclosures and claims of lenders though investment capital is readily capital. And it is important to focus on in a particular area. This legislation available to large businesses from tra- the significant role that is played by authorizes the FHA to revoke the ditional Wall Street investment firms, the SBIC program in support of grow- origination approval of lenders who small businesses seeking investments ing small businesses. When Fortune have significantly higher rates of early in the range of $500,000—$3 million have Small Business compiled its list 100 defaults and claims than other lenders to look elsewhere. SBICs are frequently fastest growing small companies in in the same area. The FHA is currently the only sources of investment capital 2000, 6 of the top 12 businesses on the targeting lenders with default rates of for growing small businesses. list received SBIC financing during 300 percent of the area average. Often we are reminded that the SBIC their critical growth years. Credit Watch has been an effective program has helped some of our Na- The ‘‘Small Business Investment tool in tracking down bad lenders. tions best known companies. It has Company Amendments Act of 2001’’

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7883 would permit the annual interest fee Mr. President, I ask unanimous con- S. RES. 136 paid by Participating Securities SBICs sent that section-by-section summary Whereas, in the case of State of Con- to increase from 1.0 percent to no more be printed in the RECORD. necticut v. Kenneth J. LaFountaine Jr., No. than 1.28 percent. In addition, the bill There being no objection, the sum- 01–29206, pending in Connecticut Superior would make three technical changes to mary ordered to be printed in the Court in the City of Hartford, testimony and document production have been requested the Small Business Investment Act of RECORD, as follows: from James O’Connell, an employee in the 1958, ’58 Act, that are intended to make SMALL BUSINESS INVESTMENT COMPANY office of Senator Lieberman; improvements in the day-to-day oper- AMENDMENTS ACT OF 2001—SECTION-BY-SEC- Whereas, pursuant to sections 703(a) and ation of the SBIC program. TION SUMMARY 704(a)(2) of the Ethics in Government Act of Projected demand for the Partici- Section 1. Short title 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the pating Securities SBIC program for FY This Act will be called the ‘‘Small Business Senate may direct its counsel to represent 2002 is $3.5 billion, a significant in- Investment Company Amendments Act of Members and employees of the Senate with crease over the FY 2001 program level 2001.’’ respect to any subpoena, order, or request of $2.5 billion. It is imperative that Section 2. Subsidy fees for testimony relating to their official re- sponsibilities; Congress approve this relatively small This section amends the Small Business Whereas, by the privileges of the Senate of Investment Act of 1958 to permit the SBA to increase in the annual interest charge the United States and Rule XI of the Stand- collect an annual interest fee from SBICs in paid by the Participating Securities ing Rules of the Senate, no evidence under an amount not to exceed 1.28 percent of the SBICs before the end of the fiscal year. the control or in the possession of the Senate outstanding Participating Security and De- may, by the judicial or administrative proc- This fee increase, when combined with benture balance. In no case will the SBA be ess, be taken from such control or possession an appropriation of $26.2 million for FY permitted to charge an interest fee that but by permission of the Senate; 2002, the same amount Congress ap- would reduce the credit subsidy rate to less Whereas, when it appears that evidence proved for FY 2001, will support a pro- than 0 percent, when combined with other under the control or in the possession of the gram level of $3.5 million. fees and congressional appropriations. This Senate may promote the administration of section would take effect on October 1, 2001. The ‘‘Small Business Investment justice, the Senate will take such action as Company Amendments Act of 2001’’ Section 3. Conflicts of interest will promote the ends of justice consistently would also make some relatively tech- This change would remove the requirement with the privileges of the Senate: Now, nical changes the ’58 Act that are that SBA run local advertisements when it therefore, be it drafted to improve the operations of seeks to determine if a conflict of interest is Resolved, That James O’Connell and any the SBIC program. Section 3 would re- present. SBA has informed me that it has other employee of the Senate from whom move the requirement that the SBA never received a response to a local adver- testimony or document production may be tisement and believes the requirement is un- take out local advertisements when it required are authorized to testify and necessary. SBA would continue to publish produce documents in the case of State of seeks to determine if a conflict of in- these notices in the Federal Register. This Connecticut v. Kenneth J. LaFountaine Jr., terest exists involving an SBIC. This section would not prohibit the SBA from except concerning matters for which a privi- section has been recommended by the running local advertisements should it be- lege should be asserted. SBA, that has informed me that is has lieve it is necessary. It is supported by the SEC. 2. The Senate Legal Counsel is author- never received a response to a local ad- SBA. ized to represent James O’Connell and any vertisement and believes the require- Section 4. Penalties for false statements Member or employee of the Senate in con- ment is unnecessary. This section would amend Title 12 and nection with the testimony and document The bill would amend Title 12 and Title 18 of the United States Code to insure production authorize in section one of this Title 18 of the United States Code to that false statements made to SBA under the resolution. insure that false statements made to SBIC program would have the same penalty f the SBA under the SBIC program as making false statements to an SBIC. The section would make it clear that a false would have the same penalty as mak- AMENDMENTS SUBMITTED AND statement to SBA or to an SBIC for the pur- PROPOSED ing false statements to an SBIC. This pose of influencing their respective actions section would make it clear that a taken under the Small Business Investment SA 1010. Ms. LANDRIEU submitted an false statement to SBA or to an SBIC Act of 1958 would be a criminal violation. amendment intended to be proposed by her for the purpose of influencing their re- The courts could then assess civil and crimi- to the bill H.R. 2311, making appropriations spective actions taken under the ’58 nal penalties for such violations. for energy and water development for the fis- cal year ending September 30, 2002, and for Section 5. Removal or suspension of manage- Act would be a criminal violation. The other purposes; which was ordered to lie on ment officials courts could then assess civil and the table. criminal penalties for such violations. This section would amend Section 313 the SA 1011. Mr. HARKIN submitted an amend- Section 5 of the bill would amend Small Business Investment Act of 1958 to ex- ment intended to be proposed by him to the Section 313 of the ’58 Act to permit the pand the list of persons who could be re- bill H.R. 2311, supra; which was ordered to lie SBA to remove or suspend key manage- moved or suspended by the SBA from the on the table. management of an SBIC to include officers, ment officials of an SBIC when they SA 1012. Mr. SMITH, of Oregon submitted directors, employees, agents, or other par- an amendment intended to be proposed by have willfully and knowingly com- ticipants of an SBIC. The persons subject to mitted a substantial violation of the him to the bill H.R. 2311, supra; which was this section are called ‘‘Management Offi- ordered to lie on the table. ’58 Act, any regulation issued by the cials,’’ a new term added by this amendment. SA 1013. Mr. BOND (for himself, Mrs. SBA under the Act, a cease-and desist The amendment does not change the legal or CARNAHAN, Mr. GRASSLEY, and Mr. HARKIN) order that has become final, or com- practical effect of the provisions of Section proposed an amendment to the bill H.R. 2311, mitted or engaged in any act, omission 313; however, it has been drafted to make its supra. or practice that constitutes a substan- provisions easier to follow. SA 1014. Ms. COLLINS submitted an Sections 3, 4, and 5 would take effect on en- amendment intended to be proposed by her tial breach of a fiduciary duty of that actment of the Act. person as a management official. to the bill H.R. 2311, supra; which was or- The amendment expands the defini- f dered to lie on the table. tion of persons covered by Section 313 SUBMITTED RESOLUTIONS SA 1015. Mr. CRAIG (for himself and Mr. MURKOWSKI) submitted an amendment in- to be ‘‘management officials,’’ which tended to be proposed by him to the bill H.R. includes officers, directors, general SENATE RESOLUTION 136—TO AU- 2311, supra; which was ordered to lie on the partners, managers, employees, agents table. of other participants in the manage- THORIZE TESTIMONY DOCUMENT SA 1016. Mr. CRAIG (for himself and Mr. ment or conduct of the SBIC. At the PRODUCTION AND LEGAL REP- CRAPO) submitted an amendment intended to time Section 313 of the ’58 Act was en- RESENTATION IN STATE OF CON- be proposed by him to the bill H.R. 2311, acted in November 1966, an SBIC was NECTICUT V. KENNETH J. supra; which was ordered to lie on the table. organized as a corporation. Since that LAFONTAINE, JR. SA 1017. Mr. CRAIG submitted an amend- ment intended to be proposed by him to the time, SBIC has been organized as part- Mr. DASCHLE (for himself and Mr. bill H.R. 2311, supra; which was ordered to lie nerships and Limited Liability Compa- LOTT) submitted the following resolu- on the table. nies (LLCs), and this amendment would tion; which was considered and agreed SA 1018. Mr. MURKOWSKI proposed an take into account those organizations. to: amendment to the bill H.R. 2311, supra.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7884 CONGRESSIONAL RECORD — SENATE July 18, 2001 TEXT OF AMENDMENTS priations for energy and water develop- On page 12, line 19, strike ‘‘$732,496,000’’ and ment for the fiscal year ending Sep- insert ‘‘$722,496,000’’. SA 1010. Ms. LANDRIEU submitted On page 19, line 2, strike ‘‘$3,268,816,000, to an amendment intended to be proposed tember 30, 2002, and for other purposes; as follows: remain available until expended.’’ and insert by her to the bill H.R. 2311, making ap- ‘‘$3,278,816,000, to remain available until ex- propriations for energy and water de- On page 3, strike line 24 and insert the fol- pended: Provided, That $10,000,000 shall be velopment for the fiscal year ending lowing: ‘‘$2,500,000; and provided to fund grant and fellowship pro- ‘‘For completion of plans and specifica- September 30, 2002, and for other pur- grams in the appropriate offices of the De- tions, environmental documentation, and de- partment of Energy to enhance training of poses; which was ordered to lie on the sign for, and initiation of construction of, table; as follows: technically skilled personnel in disciplines the navigation mitigation project, Saco for which a shortfall of skilled technical per- On page 2, line 18, before the period, insert River and Camp Ellis Beach, Maine, sonnel is determined through study of work- the following; ‘‘, of which not less than $500,000:’’. force trends and needs of energy technology $500,000 shall be used to conduct a study of industries by the Department of Energy, in Port of Iberia, Louisiana’’. SA 1015. Mr. CRAIG (for himself and consultation with the Department of Mr. MURKOWSKI) submitted an amend- Labor.’’. SA 1011. Mr. HARKIN submitted an ment intended to be proposed by him f amendment intended to be proposed by to the bill H.R. 2311, making appropria- him to the bill H.R. 2311, making ap- tions for energy and water develop- NOTICE OF HEARING propriations for energy and water de- ment for the fiscal year ending Sep- COMMITTEE ON RULES AND ADMINISTRATION velopment for the fiscal year ending tember 30, 2002, and for other purposes; Mr. DODD. Mr. President, I wish to September 30, 2002, and for other pur- as follows: announce that the Committee on Rules poses; which was ordered to lie on the On page 12, line 19, strike ‘‘$732,496,000’’ and and Administration will meet on Mon- table; as follows: insert ‘‘$722,496,000’’. day, July 23, 2001, at 9 a.m., in room On page 17, line 21, strike ‘‘$736,139,000’’ and At the appropriate place, add the fol- 2306 of the Richard B. Russell Federal lowing: insert ‘‘$601,139,000’’. ‘‘The Corps of Engineers is urged to pro- On page 19, line 7, strike ‘‘$25,000,000’’ and Building and United States Court- ceed with design of the Section 205 Mad insert ‘‘$170,000,000’’. house, 75 Spring Street, NW., Atlanta, Creek Flood control project in Iowa.’’ GA. SA 1016. Mr. CRAIG (for himself and The purpose of this field hearing is to SA 1012. Mr. SMITH of Oregon sub- Mr. CRAPO) submitted an amendment receive testimony on election reform mitted an amendment intended to be intended to be proposed by him to the issues. For further information, please proposed by him to the bill H.R. 2311, bill H.R. 2311, making appropriations contact Kennie Gill at the Rules Com- making appropriations for energy and for energy and water development for mittee staff on 224–6352. water development for the fiscal year the fiscal year ending September 30, f ending September 30, 2002, and for 2002, and for other purposes; which was other purposes; which was ordered to ordered to lie on the table; as follows: AUTHORITY FOR COMMITTEES TO lie on the table; as follows: At the appropriate place in Title I, insert MEET On page 25, line 15, strike ‘‘For the pur- the following: COMMITTEE ON BANKING, HOUSING, AND URBAN poses of appropriating funds to assist in fi- ‘‘SEC. . The non-Federal interest shall re- AFFAIRS nancing the construction, acquisition, and ceive credit toward the non-Federal share of Mr. REID. Mr. President, I ask unan- the project the cost of lands, easements, re- replacement of the transmission system of imous consent that the Committee on the Bonneville Power Administration, up to locations, rights-of-way, and disposal areas required for the Portneuf River at Lava Hot Banking, Housing, and Urban Affairs $2,000,000,000 in borrowing authority is au- authorized to meet during the session thorized to be appropriated, subject to the Springs habitat restoration project in Idaho, subsequent annual appropriations, to remain and acquired by the non-Federal interest be- of the Senate on July 18, 2001, to con- outstanding at any given time:’’ and insert, fore execution of the project cooperation duct a markup of the reauthorization ‘‘For the purposes of providing funds to as- agreement: Provided, That the Secretary of the U.S. Export-Import Bank; the re- sist in financing the construction, acquisi- shall provide such credit only if the Sec- authorization of the Iran and Libya tion, and replacement of the transmission retary determines the work to be integral to Sanctions Act; the nomination of Mr. the project.’’ system of the Bonneville Power Administra- Mark B. McClellan, of California, to be tion and to implement the Administrator’s SA 1017. Mr. CRAIG submitted an a member of the Council of Economic authority pursuant to the Pacific Northwest Advisors; and the nomination of Ms. Electric Power Planning and Conservation amendment intended to be proposed by Act, an additional $2,000,000,000 in borrowing him to the bill H.R. 2311, making ap- Sheila C. Bair, of Kansas, to be Assist- authority is made available, under the Fed- propriations for energy and water de- ant Secretary of the Treasury for Fi- eral Columbia River Transmission System velopment for the fiscal year ending nancial Institutions. Act (16 U.S.C. 838) to remain outstanding at September 30, 2002, and for other pur- The PRESIDING OFFICER. Without any given time:’’ poses; which was ordered to lie on the objection, it is so ordered. table, as follows: COMMITTEE ON COMMERCE, SCIENCE, AND SA 1013. Mr. BOND (for himself, Mrs. At the appropriate place in Title II, insert TRANSPORTATION CARNAHAN, Mr. GRASSLEY, and Mr. the following: Mr. REID. Mr. President, I ask unan- HARKIN) proposed an amendment to the ‘‘SEC. . The Secretary of Interior, in ac- imous consent that the Committee on bill (H.R. 2311, making appropriations cepting payments for the reimbursable ex- Commerce, Science, and Transpor- for energy and water development for penses incurred for the replacement, repair, tation be authorized to meet on the fiscal year ending September 30, and extraordinary maintenance with regard Wednesday, July 18, 2001, at 9:30 a.m., 2002, and for other purposes; as follows: to the Valve Rehabilitation Project at the on cross border truck and bus oper- On page 11, at the end of line 16, add the Arrowrock Dam on the Arrowrock Division of the Boise Project in Idaho, shall recover ations. following ‘‘During consideration of revisions The PRESIDING OFFICER. Without to the manual in fiscal year 2002, the Sec- no more than $6,900,000 of such expenses ac- retary may consider and propose alter- cording to the application of the current for- objection, it is so ordered. natives for achieving species recovery other mula for charging users for reimbursable op- COMMITTEE ON ENERGY AND NATURAL than the alternatives specifically prescribed eration and maintenance expenses at Bureau RESOURCES by the United States Fish and Wildlife Serv- of Reclamation facilities on the Boise Mr. REID. Mr. President, I ask unan- Project, and shall recover this portion of ice in the biological opinion of the Service. imous consent that the Committee on The Secretary shall consider the views of such expenses over a period of not less than 15 years.’’ Energy and Natural Resources be au- other Federal agencies, non-Federal agen- thorized to meet during the session of cies, and individuals to ensure that other congressionally authorized purposes are SA 1018. Mr. MURKOWSKI proposed the Senate on Wednesday, July 18, at 9 maintained.’’. an amendment to the bill H.R. 2311, a.m., to conduct a hearing. The com- making appropriations for energy and mittee will consider the nomination of SA 1014. Ms. COLLINS submitted an water development for the fiscal year Dan R. Brouillette to be an Assistant amendment intended to be proposed by ending September 30, 2002, and for Secretary of Energy, Congressional and her to the bill H.R. 2311, making appro- other purposes; as follows: Intergovernmental Affairs.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7885 The PRESIDING OFFICER. Without Federal Bureau of Investigation, Wash- The PRESIDING OFFICER. Without objection, it is so ordered. ington, DC; John Werner, Blue Sky En- objection, it is so ordered. COMMITTEE ON THE JUDICIARY terprises of N.C., Inc., Cary, NC; Frank PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Mr. REID. Mr. President, I ask unan- L. Perry, Supervisory Senior Resident Mr. REID. Mr. President, I ask unan- imous consent that the Committee on Agent, Federal Bureau of Investiga- imous consent that the Permanent the Judiciary be authorized to meet to tion, Washington, DC; Patrick J. Subcommittee on Investigations of the conduct a nominations hearing on Kiernan, Supervisory Senior Resident Committee on Governmental Affairs be Wednesday, July 18, 2001, at 2:30 p.m., Agent, Federal Bureau of Investiga- authorized to meet on Wednesday, July in Dirksen 226. tion, Washington, DC. 18, 2001, at 2 p.m., for a hearing entitled The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ‘‘What Is The U.S. Position On Offshore objection, it is so ordered. objection, it is so ordered. Tax Havens?’’ COMMITTEE ON NATURAL RESOURCES COMMITTEE ON FOREIGN AFFAIRS The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. imous consent that the Committee on imous consent that the Committee on SPECIAL COMMITTEE ON AGING Energy and Natural Resources be au- Foreign Relations be authorized to thorized to meet during the session of Mr. REID. Mr. President, I ask unan- meet during the session of the Senate the Senate on Wednesday, July 18, at imous consent that the Special Com- on Wednesday, July 18, 2001, at 10 a.m., 9:30 a.m., to conduct a hearing. The mittee on Aging be authorized to meet to hold a hearing titled, ‘‘The Putin committee will receive testimony on on Wednesday, July 18, 2001, from 10 Administration’s Policies Toward the legislative proposals related to energy a.m.–12 p.m., in Dirksen 628 for the pur- Non-Russian Federation’’. and scientific research, development, pose of conducting a hearing. Witnesses: Dr. Marjorie M. Balzer, technology deployment, education, and The PRESIDING OFFICER. Without Research Professor and Coordinator, training, including sections 107, 114, objection, it is so ordered. Social, Ethnic, and Regional Issues 115, 607, title II, and subtitle B of title SELECT COMMITTEE ON INTELLIGENCE Center for Eurasian, Russian, and East IV of S. 388, the National Energy Secu- Mr. REID. Mr. President, I ask unan- European Studies (CERES), George- rity Act of 2001; titles VIII, XI, and di- imous consent that the Select Com- town University, Washington, DC; Dr. vision E of S. 597, the Comprehensive mittee on Intelligence be authorized to John B. Dunlop, Senior Fellow, Hoover and Balanced Energy Policy Act of meet during the session of the Senate Institution on War, Revolution, and 2001; sections 111, 121, 122, 123, 125, 127, on Wednesday, July 18, 2001, at 2:30 Peace, Stanford University, Stanford, 204, 205, title IV and title V of S. 472, p.m., to hold a hearing on intelligence CA; Dr. Paul Goble, Director, Commu- the Nuclear Energy Electricity Supply matters. nications Department, Radio Free Eu- Assurance Act of 2001; and S. 90, the The PRESIDING OFFICER. Without rope/Radio Liberty, Inc., Washington, Department of Energy Nanoscale objection, it is so ordered. DC; Dr. Steven Solnick, Associate Pro- Science and Engineering Research Act; fessor of Political Science, Columbia S. 193, the Department of Energy Ad- f University, New York, NY. vanced Scientific Computing Act; S. The PRESIDING OFFICER. Without TRANSFER OF SLOBODAN 242, the Department of Energy Univer- objection, it is so ordered. MILOSEVIC TO THE INTER- sity Nuclear Science and Engineering NATIONAL CRIMINAL TRIBUNAL COMMITTEE ON GOVERNMENTAL AFFAIRS Act; S. 259, the National Laboratories Mr. REID. Mr. President, I ask unan- Partnership Improvement Act of 2001; Mr. REID. Mr. President, I ask unan- imous consent that the Committee on S. 636, to direct the Secretary of En- imous consent that the Senate proceed Governmental Affairs be authorized to ergy to establish a decommissioning to the immediate consideration of Cal- meet on Wednesday, July 18, 2001, at pilot program to decommission and de- endar No. 82, S. Res. 122. 9:30 a.m., for a hearing regarding S. contaminate the sodium-cooled fast The PRESIDING OFFICER. The 1008, the Climate Change Strategy and breeder experimental test-site reactor clerk will report the resolution by Technology Innovation Act of 2001. located in northwest Arkansas; S. 1130, title. The PRESIDING OFFICER. Without the Fusion Energy Sciences Act of 2001; The legislative clerk read as follows: objection, it is so ordered. and S. 1166, a bill to establish the Next A resolution (S. Res. 122) relating to the COMMITTEE ON INDIAN AFFAIRS Generation Lighting Initiative at the transfer of Slobodan Milosevic to the Inter- Mr. REID. Mr. President, I ask unan- Department of Energy, and for other national Criminal Tribunal for Yugoslavia, and for other purposes. imous consent that the Committee on purposes. Indian Affairs be authorized to meet on The PRESIDING OFFICER. Without There being no objection, the Senate July 18, 2001, at 9:30 a.m., in room 485, objection, it is so ordered. proceeded to consider the resolution, Russell Senate Building to conduct a SUBCOMMITTEE ON EMPLOYMENT, SAFETY, AND which was referred to the Committee hearing on Indian tribal good govern- TRAINING on Foreign Relations with an amend- ance practices as they relate to tribal Mr. REID. Mr. President, I ask unan- ment and an amendment to the pre- economic development. imous consent that the Committee on amble, as follows: The PRESIDING OFFICER. Without Health, Education, Labor, and Pen- [Omit the parts in black brackets and objection, it is so ordered. sions, Subcommittee on Employment, insert the part printed in italic.] COMMITTEE ON THE JUDICIARY Safety, and Training be authorized to S. RES. 122 Mr. REID. Mr. President, I ask unan- meet for a hearing on protecting work- Whereas Slobodan Milosevic has been imous consent that the Committee on ers from ergonomic hazards during the transferred to the International Criminal the Judiciary be authorized to meet to session of the Senate on Wednesday, Tribunal for Yugoslavia to face charges of conduct a hearing on Wednesday, July July 18, 2001, at 10 a.m. crimes against humanity; ø 18, 2001, at 10 a.m., in Dirksen 226. The The PRESIDING OFFICER. Without Whereas the transfer of Slobodan objection, it is so ordered. Milosevic and other indicted war criminals is subject of the hearing will be ‘‘Reform- a triumph of international justice and the ing FBI Management: The Views from SUBCOMMITTEE ON PERSONNEL rule of law in Serbia;¿ Inside and Out.’’ Mr. REID. Mr. President, I ask unan- Whereas the reformist Government of the Fed- Panel I: The Honorable Raymond W. imous consent that the Subcommittee eral Republic of Yugoslavia freely exercised its Kelly, Senior Managing Director, Bear on Personnel of the Committee on sovereign right to cede jurisdiction to prosecute Stearns, New York, NY; Robert Dies, Armed Services be authorized to meet Slobodan Milosevic to the International Crimi- Assistant Director, Federal Bureau of during the session of the Senate on nal Tribunal for Yugoslavia, thereby fostering Investigation, Washington, DC; Ken- Wednesday, July 18, 2001, at 9:30 a.m., both the rule of law in Yugoslavia and inter- neth Senser, Deputy Assistant Direc- in open session to receive testimony on national justice; Whereas corruption and warfare under the tor, Federal Bureau of Investigation, Active and Reserve military and civil- Milosevic regime caused Yugoslavia exten- Washington, DC. ian personnel programs, in review of sive economic damage, including an esti- Panel II: John E. Roberts, Unit Chief, the Defense authorization request for mated $29,400,000,000 in lost output and a for- Office of Professional Responsibility, fiscal year 2002. eign debt that exceeds $12,200,000,000; and

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7886 CONGRESSIONAL RECORD — SENATE July 18, 2001 Whereas democrats and reformers in the Second, one can hardly say that this and similar demands are being made Federal Republic of Yugoslavia deserve the was a ‘‘free exercise of sovereignty.’’ It against the Bosnian Serb republic and support and encouragement of the United is well known that the United States— against Croatia. Serious crimes deserve States: Now, therefore, be it Resolved, That (a) the Senate hereby— mistakenly, in my view, continuing the serious punishment, but the question is (1) recognizes the courage of Serbian demo- policies of the Clinton administra- not one of whether justice will be done crats, in particular, Serbian Prime Minister tion—had threatened to boycott an but before what court and under whose Zoran Djindjic, in facilitating the transfer of international aid donors’ conference authority. Slobodan Milosevic to the International unless Milosevic were surrendered. It At a time when U.S. troops are facing Criminal Tribunal for Yugoslavia; øand should be understood that this is not danger every day in Bosnia and ø(2) calls for the continued transfer of in- just a matter of the U.S. withholding Kosovo—and may soon be sent, un- dicted war criminals to the International foreign aid. Rather, it amounts to con- wisely in my view, to Macedonia—the Criminal Tribunal for Yugoslavia and the re- tinuing a policy of sanctions against an lease of all political prisoners held in Ser- policy consequences of setting in mo- bian prisons.¿ economically devastated country, and tion political events that may desta- (2) urges the Government of the Federal Re- threatening to destabilize its weak bilize non-democratic Yugoslavia and public of Yugoslavia, and other governments in democratic government, until it dis- even help break up the federation are the Balkans, to continue to cede jurisdiction regarded its own laws and complied counterproductive to U.S. interests and over indicted war criminals to the International with our demands. I could call this a threat to the safety of our troops. Criminal Tribunal for Yugoslavia; and many things, but ‘‘free exercise of sov- For the reasons stated above, it has (3) calls for the release of all political pris- ereignty’’ is not one of them. More- oners held in Serbian prisons. been a blow, not a benefit, to democ- (b) It is the sense of the Senate that the over, Prime Minister Djindjic’s compli- racy and constitutionalism. But worst United States should remain committed to ance with this pressure is hardly an ex- of all, it has lent credence to the prin- providing foreign assistance to support the ample of ‘‘courage,’’ as the resolution ciples supporting the ICC, which is a success of economic, political, and legal re- calls it, especially since it is well direct threat to the sovereignty of our forms in the Federal Republic of Yugoslavia. known the extent to which he has used own constitutional republic and our Mr. CRAIG. Mr. President, I am not the Milosevic handover to undermine democratic institutions. I welcome the raising an objection to the Senate’s ap- his political rival, President Kostunica. day that Milosevic and comparable per- proval of S. Res. 122 regarding the Third, the same clause says the sons face justice for their deeds. But he transfer of former Yugoslav President handover fosters ‘‘the rule of law in should have been allowed to face jus- Slobodan Milosevic to the United Na- Yugoslavia.’’ Again the opposite is tice at home, in front of a court of his tions war crimes tribunal. It is clear true. When we have here, to give an own people, under his own laws and that the primary purpose of the resolu- American analogy, would be as if an constitution, as President Kostunica tion is to applaud the fact that some- American State Governor violated pro- wanted. The fact that we have ensured one credibly alleged to have been a pri- visions of the U.S. constitution and that this will not occur is not some- mary instigator of heinous crimes be policies set by the President in order to thing for us to be proud of. brought to justice. I applaud that sen- comply with the wishes of foreign Mr. REID. Mr. President, I ask unan- timent. A number of similarly culpable countries. Instead of the rule of law, imous consent that the committee persons from all the groups concerned what has been fostered in Yugoslavia— amendment be agreed to, the resolu- should have to answer for what has oc- and in its two remaining republics, tion, as amended, be agreed to, the curred during the past ten years of war Serbia and Montenegro—is the idea amendment to the preamble be agreed and strife in former Yugoslavia, and by that laws, constitutional government, to, the preamble, as amended, be all accounts Milosevic tops the list. His and national sovereignty are meaning- agreed to, the motions to reconsider be prosecution and, if he is found guilty less, and that the only real authorities laid on the table, and that any state- after a fair and open judicial process, are the demands of foreign powers and ments relating to the resolution be his severe punishment are very much the ‘‘jurisdiction’’ of global United Na- printed in the RECORD. in order. tions ‘‘justice,’’ represented by the tri- The PRESIDING OFFICER. Without However, despite my decision not to bunal to which Milosevic has been de- objection, it is so ordered. object to this resolution, I think it is livered. For a country trying to emerge The committee amendment was important to point out that it contains from decades of dictatorship, this is ex- agreed to. several elements that do not serve actly the wrong message to send. The resolution (S. Res. 122), as United States interests. And some of Fourth and finally, the same clause amended, was agreed to. what is stated in it is not even accu- applauds the notion that the Milosevic The amendment to the preamble was rate. Indeed, when an effort was made handover has fostered ‘‘international agreed to. to pass this resolution just prior to the justice.’’ That unfortunately is true, The preamble, as amended, was July 4 recess, I asked that it be held up but I don’t think it is reason for ap- agreed to. until some of these could be addressed. plause. As many of my colleagues The resolution, as amended, with its It was then sent to committee and know, I am strongly and unalterably preamble, as amended, reads as follows: opposed to the creation of a permanent some of the problematic portions were S. RES. 122 International Criminal Court, of which in fact made worse. I wish to address Whereas Slobodan Milosevic has been some of these briefly. the Yugoslavia tribunal and its Rwan- transferred to the International Criminal First, just as a factual matter—and da counterpart are precursors. In send- Tribunal for Yugoslavia to face charges of this is new language added in com- ing Milosevic to the U.N. tribunal—on crimes against humanity; mittee—it is inaccurate to state, as the charges arising in his own country, Whereas the reformist Government of the Resolution does in the second ‘‘Where- specifically Kosovo, which is a prov- Federal Republic of Yugoslavia freely exer- as’’ clause, that ‘‘the reformist Govern- ince of Serbia—we are helping to set a cised its sovereign right to cede jurisdiction ment of the Federal Republic of Yugo- dangerous precedent for the ICC. We to prosecute Slobodan Milosevic to the slavia freely exercised its sovereign are saying to the world that when the International Criminal Tribunal for Yugo- slavia, thereby fostering both the rule of law right to cede jurisdiction to prosecute’’ will of a United Nations ‘‘court’’ clash- in Yugoslavia and international justice; Milosevic. Actually, as far as anyone es with a country’s laws and constitu- Whereas corruption and warfare under the knows, the federal Yugoslav govern- tion, the latter go into the trash can. I Milosevic regime caused Yugoslavia exten- ment headed by President Vojislav cannot speak for my colleagues, but I sive economic damage, including an esti- Kostunica, an old-fashioned patriot, would object to sending any American mated $29,400,000,000 in lost output and a for- who, incidentally, was the translator of citizen, no matter how evil the acts of eign debt that exceeds $12,200,000,000; and the U.S. Federalist Papers into Ser- which he was accused and however Whereas democrats and reformers in the bian, had nothing to do with the guilty he might be, to a United Nations Federal Republic of Yugoslavia deserve the support and encouragement of the United Milosevic handover and in fact strong- court, especially if his alleged crimes States: Now, therefore, be it ly opposed it, but was circumvented by took place in the United States. But we Resolved, That (a) the Senate hereby— the Serbian republic government of have successfully demanded that Ser- (1) recognizes the courage of Serbian demo- Prime Minister Zoran Djindjic. bia and Yugoslavia do exactly that, crats, in particular, Serbian Prime Minister

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7887 Zoran Djindjic, in facilitating the transfer of tions the United States has enjoyed with Es- mediate consideration of Calendar No. Slobodan Milosevic to the International tonia, Latvia, and Lithuania since the res- 86, S. Con. Res. 53. Criminal Tribunal for Yugoslavia; toration of the full independence of those na- The PRESIDING OFFICER. The (2) urges the Government of the Federal tions. clerk will report the resolution by Republic of Yugoslavia, and other govern- Amend the title so as to read: ‘‘Concurrent ments in the Balkans, to continue to cede ju- resolution congratulating the Baltic nations title. risdiction over indicted war criminals to the of Estonia, Latvia, and Lithuania on the The legislative clerk read as follows: International Criminal Tribunal for Yugo- tenth anniversary of the end of their illegal A concurrent resolution (S. Con. Res. 53) slavia; and incorporation into the Soviet Union.’’. encouraging the development of strategies to (3) calls for the release of all political pris- Mr. REID. Mr. President, I ask unan- reduce hunger and poverty, and to promote oners held in Serbian prisons. imous consent that the committee free market economies and democratic insti- (b) It is the sense of the Senate that the amendment be agreed to, the resolu- tutions, in sub-Saharan Africa. United States should remain committed to tion, as amended, be agreed to, the There being no objection, the Senate providing foreign assistance to support the amendment to the preamble be agreed proceeded to consider the resolution. success of economic, political, and legal re- Mr. BIDEN. Mr. President, I am very forms in the Federal Republic of Yugoslavia. to, the preamble, as amended, be agreed to, the title amendment be pleased that the Senate will unani- f agreed to, the title, as amended, be mously pass Senate Concurrent Resolu- CONGRATULATING THE BALTIC agreed to, the motions to reconsider be tion 53: Africa Hunger to Harvest. I be- NATIONS OF ESTONIA, LATVIA, laid upon the table, and any state- came a cosponsor of the resolution be- AND LITHUANIA ments relating to the concurrent reso- cause I strongly believe that it is an Mr. REID. Mr. President, I ask unan- lution be printed in the RECORD. important first step towards a renewed imous consent that the Senate proceed The PRESIDING OFFICER. Without commitment to acting in concert with to the immediate consideration of Cal- objection, it is so ordered. our African partners to significantly endar No. 85, S. Con. Res. 34. The committee amendment was reduce poverty and hunger on the sub- The PRESIDING OFFICER. The agreed to. continent in the next ten years. I saw clerk will report the concurrent resolu- The resolution (S. Con. Res. 34), as to it that the resolution moved out of tion by title. amended, was agreed to. the Foreign Relations Committee expe- The amendment to the preamble was The legislative clerk read as follows: ditiously because I wanted this legisla- agreed to. A concurrent resolution (S. Con. Res. 34) tion to pass with all due haste. As you The preamble, as amended, was know, the G-8 members are preparing congratulating the Baltic nations of Estonia, agreed to. Latvia, and Lithuania on the tenth anniver- for their meeting in Genoa. I hope that sary of the reestablishment of their full inde- The resolution, as amended, with its President Bush will interpret the pas- pendence. preamble, as amended, reads as follows: sage of Africa: Hunger to Harvest as a There being no objection, the Senate S. CON. RES. 34 signal of the Senate’s support for de- proceeded to consider the concurrent Whereas the Baltic nations of Estonia, velopment in Africa, and obtain com- resolution, which was referred to the Latvia, and Lithuania were forcibly and ille- mitments from other members of the gally incorporated into the Soviet Union G–8 to devise comprehensive plans to Committee on Foreign Relations with from 1940 until 1991; an amendment, an amendment to the Whereas their forcible and illegal incorpo- increase the ability of African nations preamble, and an amendment to the ration into the Soviet Union was never rec- to feed their people. title, as follows: ognized by the United States; Sub-Saharan Africa is a region with [Omit the part in black brackets and Whereas, from 1940 to 1991, thousands of vast human and economic potential. insert the part printed in italic.] Estonians, Latvians, and Lithuanians were There is a preponderance of natural re- executed, imprisoned, or exiled by Soviet au- S. CON. RES. 34 sources, and a large enough population thorities through a regime of brutal repres- Whereas the Baltic nations of Estonia, to provide the labor necessary to fuel sion, Sovietization, and Russification in industry. Yet Africa, for the most part, Latvia, and Lithuania were forcibly and ille- their respective nations; gally incorporated into the Soviet Union Whereas, despite the efforts of the Soviet has not prospered. It is the only region from 1940 until 1991; Union to eradicate the memory of independ- of the world where hunger is increas- Whereas their forcible and illegal incorpora- ence, the Baltic people never lost their hope ing. In the past thirty years the num- tion into the Soviet Union was never recognized for freedom and their long-held dream of full ber of hungry people in Africa has more by the United States; independence; than doubled to the point where one of Whereas, from 1940 to 1991, thousands of Whereas, during the period of ‘‘glasnost’’ every three Africans is chronically un- Estonians, Latvians, and Lithuanians were and ‘‘perestroika’’ in the Soviet Union, the executed, imprisoned, or exiled by Soviet au- dernourished. There are many reasons Baltic people led the struggle for democratic why: war, natural disaster, corruption, thorities through a regime of brutal repres- reform and national independence; and sion, Sovietization, and Russification in Whereas, in the years following the res- and poor governance, to name a few. their respective nations; toration of full independence, Estonia, Lat- And while African themselves must Whereas, despite the efforts of the Soviet via, and Lithuania have demonstrated their take ultimate responsibility for the Union to eradicate the memory of independ- commitment to democracy, human rights, success or failure of their countries, we ence, the Baltic people never lost their hope and the rule of law, and have actively par- have the resources and opportunity to for freedom and their long-held dream of full ticipated in a wide range of international help improve the lives of millions of independence; structures, pursuing further integration with Whereas, during the period of ‘‘glasnost’’ people living there. European political, economic, and security This resolution lays out a prelimi- and ‘‘perestroika’’ in the Soviet Union, the organizations: Now, therefore, be it Baltic people led the struggle for democratic Resolved by the Senate (the House of Rep- nary blueprint for doing so. It directs reform and national independence; and resentatives concurring), That Congress— the Agency for International Develop- Whereas, in the years following the res- (1) congratulates Estonia, Latvia, and ment to devise solid, concrete five- and toration of full independence, Estonia, Lat- Lithuania on the tenth anniversary of the ten-year strategic plans to help Afri- via, and Lithuania have demonstrated their end of their illegal incorporation into the cans reverse the current state of affairs commitment to democracy, human rights, Soviet Union; and for many living in the region, and asks and the rule of law, and have actively par- (2) calls on the President to continue to that the plans focus on such key areas ticipated in a wide range of international build the close and mutually beneficial rela- structures, pursuing further integration with tions the United States has enjoyed with Es- as the establishment of democratic in- European political, economic, and security tonia, Latvia, and Lithuania since the res- stitutions, private sector and free mar- organizations: Now, therefore, be it toration of the full independence of those na- ket development, access to education, Resolved by the Senate (the House of Rep- tions. improved health, and debt relief. The resentatives concurring), That Congress— The title amendment was agreed to. blueprint itself acknowledges that hun- (1) congratulates Estonia, Latvia, and ø f ger and poverty must be attached Lithuania on the tenth anniversary of the along these critical fronts to be elimi- restoration of their full independence¿ the DEVELOPMENT OF STRATEGIES IN nated. end of their illegal incorporation into the Soviet SUB-SAHARAN AFRICA Union; and A necessary component to achieving (2) calls on the President to continue to Mr. REID. Mr. President, I ask con- development is stability in the region, build the close and mutually beneficial rela- sent that the Senate proceed to the im- but stability alone will not result in

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7888 CONGRESSIONAL RECORD — SENATE July 18, 2001 economic growth and improved living encourage them to not only devise nium with many of the world’s poorest coun- conditions. The establishment of the credible plans to combat the spread of tries and is the one region of the world where rule of law and democratic institutions the disease, but to speak out about it. hunger is both pervasive and increasing. is also necessary. Africans must have a All of the above emphasizes the fact (2) Thirty-three of the world’s 41 poorest debtor countries are in sub-Saharan Africa say in the structure of their societies. that development in the health sector and an estimated 291,000,000 people, nearly They must be able to find a remedy must be addressed as part of the one-half of sub-Saharan Africa’s total popu- through courts, they must have rules USAID’s strategic plans on humani- lation, currently live in extreme poverty on and regulations in place that provide tarian grounds and economic grounds. less than $1 a day. an atmosphere of accountability. They If we fail to do so, we risk losing a huge (3) One in three people in sub-Saharan Afri- must be able to put leaders in place portion of the population of African ca is chronically undernourished, double the that are dedicated and capable of im- countries, both in infancy due to child- number of three decades ago. One child out posing sound fiscal and economic poli- hood maladies and between the ages of of seven dies before the age of five, and one- cies. Leaders that work for the African half of these deaths are due to malnutrition. 15 and 49, which is the bulk of the (4) Sub-Saharan Africa is the region in the people. That is why an emphasis on working population. world most affected by infectious disease, ac- building democratic institutions is an Finally, let me say that while we counting for one-half of the deaths world- essential building block in any plan to have made great strides on the issue of wide from HIV/AIDS, tuberculosis, malaria, help improve conditions in African debt relief, we need to continue our ef- cholera, and several other diseases. countries. Establishing institutions, forts. Many countries will continue to (5) Sub-Saharan Africa is home to 70 per- accountability and rule of law helps es- have unsustainable levels of debt de- cent of adults, and 80 percent of children, liv- tablish favorable conditions for invest- spite the advances that were made by ing with the HIV virus, and 75 percent of the people worldwide who have died of AIDS ment in the private sector. the global ecumenical debt relief move- Such investment is supported by in- lived in Africa. ment. Debt relief has positive results. (6) The HIV/AIDS pandemic has erased creased opportunities for education, es- In Uganda, for example, debt relief has many of the development gains of the past pecially for women and girls. Edu- meant that the government has in- generation in sub-Saharan Africa and now cation must be an integral part of this creased spending on education so that threatens to undermine economic and social undertaking. While the illiteracy rate children are able to attend primary progress for the next generation, with life for women in the developing world school for free. New ways must be expectancy in parts of sub-Saharan Africa stands at 32 percent, in Africa it is ap- found to provide resources for coun- having already decreased by 10–20 years as a result of AIDS. proaching 48 percent. In other words tries where the poorest of the poor resi- nearly half the women in Sub-Saharan (7) Despite these immense challenges, the dents reside. number of sub-Saharan African countries Africa are completely illiterate, ac- A reversal of fortune for the region is that are moving toward open economies and cording to the World Bank. This has sorely needed. The rest of the world is more accountable governments has in- very serious and costly implications. leaving Africa behind in terms of eco- creased, and these countries are beginning to Women with more education have nomic development. It was the only re- achieve local solutions to their common fewer children, and start families later. gion in the world to have experienced a problems. Great education increase a mother’s shrinkage of Gross Domestic Product (8) To make lasting improvements in the lives of their people, sub-Saharan Africa gov- knowledge about child healthcare, during the past 25 years. This trend which increases the chances that their ernments need support as they act to solve must not continue. We have a lot of conflicts, make critical investments in offspring will grow to adulthood. Hav- work ahead of us. The United States human capacity and infrastructure, combat ing fewer children frees more resources will never be able to help African na- corruption, reform their economies, stimu- to educate the children families do tion feed their hungry populations late trade and equitable economic growth, have. The illiteracy rate for man and without dedicating resources to imple- and build democracy. Africa is just as startling: 31.1. percent ment plans which concentrate on the (9) Despite sub-Saharan Africa’s enormous compared to 18 percent in the rest of areas aforementioned. My colleagues development challenges, United States com- panies hold approximately $12,800,000,000 in the developing world. Economic growth have heard me say over and over again is nearly impossible without invest- investments in sub-Saharan Africa, greater that we are not spending enough than United States investments in either the ment in human capitol. We must work money on constructive foreign assist- Middle East or Eastern Europe, and total to change this state of affairs. ance programs such as the one set out United States trade with sub-Saharan Africa Health indicators are equally alarm- in Senate Congressional Resolution 53. currently exceeds that with all of the inde- ing. The infant mortality rate in Sub- I repeat that admonition and add this: pendent states of the former Soviet Union, Saharan Africa is higher than in any We can direct USAID to develop as including the Russian Federation. This eco- other region of the world. For every many plans as we want to. At the end nomic relationship could be put at risk un- 1000 children born, 107 die in infancy. less additional public and private resources of the day, we must be willing to fi- are provided to combat poverty and promote The under five mortality rate is 160 for nance such plans. I stand ready to do every child born. This rate is signifi- equitable economic growth in sub-Saharan so. I encourage my colleagues to do the Africa. cantly lower than it is in the rest of same. (10) Bread for the World Institute cal- the developing world. Life expectancy Mr. REID. I ask consent that the con- culates that the goal of reducing world hun- for women fortunate enough to survive current resolution be agreed to, the ger by one-half by 2015 is achievable through childhood is less than 48 years. Men motion to reconsider be laid upon the an increase of $4,000,000,000 in annual funding who survive childhood live just shy of table, and any statements be printed in from all donors for poverty-focused develop- ment. If the United States were to shoulder 46 years on average. the RECORD. Seventy percent of those living with one-fourth of this aid burden—approximately The PRESIDING OFFICER. Without $1,000,000,000 a year—the cost to each United HIV/AIDS are in sub-Saharan Africa. objection, it is so ordered. The UN Human Development Report States citizen would be one penny per day. The concurrent resolution (S. Con. (11) Failure to effectively address sub-Sa- states that Rwanda, Botswana, Bu- Res. 53) was agreed to. haran Africa’s development needs could re- rundi, Namibia, Zambia, and Zimbabwe The concurrent resolution is as fol- sult in greater conflict and increased pov- life expectancy has dropped more than lows: erty, heightening the prospect of humani- seven years because of the disease. It tarian intervention and potentially threat- S. CON. RES. 53 knows no boundaries of income or edu- ening a wide range of United States interests cation or occupation. Teacher and sol- Resolved by the Senate (the House of Rep- in sub-Saharan Africa. resentatives concurring), diers as well as mine workers and SEC. 3. SENSE OF CONGRESS. women who work in the house are SECTION 1. SHORT TITLE. It is the sense of Congress that— This concurrent resolution may be cited as (1) the years 2002 through 2012 should be de- equally at risk. While there are a few the ‘‘Hunger to Harvest: Decade of Support notable exceptions, it seems as through clared ‘‘A Decade of Support for Sub-Saha- for Sub-Saharan Africa Resolution’’. ran Africa’’; African heads of state are just now be- SEC. 2. FINDINGS. (2) not later than 90 days after the date of ginning to realize that they cannot Congress finds the following: adoption of this concurrent resolution, the hold their heads in the sand with re- (1) Despite some progress in recent years, President should submit a report to Congress spect to this issue. We must help and sub-Saharan Africa enters the new millen- setting forth a five-year strategy, and a ten-

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7889 year strategy, to achieve a reversal of cur- Mr. REID. I now ask for its second and resume consideration of the En- rent levels of hunger and poverty in sub-Sa- reading and I object to my own re- ergy and Water Appropriations Act. We haran Africa, including a commitment to quest. still have every belief that we can com- contribute an appropriate United States The PRESIDING OFFICER. The ob- plete this bill in the morning. We may share of increased bilateral and multilateral poverty-focused resources for sub-Saharan jection is heard. also consider several Executive Cal- Africa, with an emphasis on— The joint resolution will receive a endar nominations. We had about 10 we (A) health, including efforts to prevent, second reading on the next day. thought we were going to be able to do treat, and control HIV/AIDS, tuberculosis, f tonight, but for various reasons they malaria, and other diseases that contribute were not done. to malnutrition and hunger, and to promote AUTHORIZATION OF TESTIMONY, We hope to complete the debate on maternal health and child survival; DOCUMENT PRODUCTION, AND the Graham nomination which has an (B) education, with an emphasis on equal LEGAL REPRESENTATION agreed-upon time. And, of course, we access to learning for girls and women; (C) agriculture, including strengthening Mr. REID. I ask unanimous consent hope to begin consideration of the subsistence agriculture as well as the ability that the Senate proceed to the consid- Transportation Appropriations Act. to compete in global agricultural markets, eration of S. Res. 136 submitted earlier f and investment in infrastructure and rural today by the majority and other Re- ORDER FOR ADJOURNMENT development; publican leaders. (D) private sector and free market develop- The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- ment, to bring sub-Saharan Africa into the imous consent the Senate adjourn fol- global ecomony, enable people to purchase clerk will report the resolution by title. lowing the statement by the Senator food, and make health and education invest- from the State of Alabama, Mr. SES- ments sustainable; The legislative clerk read as follows: SIONS. (E) democratic institutions and the rule of A resolution (S. Res. 136) to authorize tes- law, including strengthening civil society timony, document production, and legal rep- The PRESIDING OFFICER. Without and independent judiciaries; resentation in the State of Connecticut objection, it is so ordered. The Chair (F) micro-finance development; and versus Kenneth J. LaFontaine, Jr. recognizes the Senator from Alabama. (G) debt relief that provides incentives for There being no objection, the Senate f sub-Saharan African countries to invest in poverty-focused development, and to expand proceeded to consider the resolution. NOMINATIONS Mr. DASCHLE. Mr. President, this democratic participation, free markets, Mr. SESSIONS. Mr. President, I ap- resolution concerns a request for testi- trade, and investment; preciate the opportunity just to say a (3) the President should work with the mony and document production in a few words. I thank Senator REID for his heads of other donor countries and sub-Saha- criminal case in the Superior Court in leadership and effort to move the legis- ran African countries, and with United Hartford, CT. A resident of Connecticut States and sub-Saharan African private and lation that has been moving forward has been charged with inciting injury pretty well so far. I think this side has voluntary organizations and other civic or- to a person, second-degree harassment, ganizations, including faith-based organiza- certainly been cooperative. We have and threatening. The criminal charges tions, to implement the strategies described not had anything like the 100-plus in paragraph (2); arise out of threatening and abusive amendments that we had when this (4) Congress should undertake a multi-year telephone messages left on an answer- side was trying to move bills last year. commitment to provide the resources to im- ing machine at Senator LIEBERMAN’s We have been very cooperative. plement those strategies; and Connecticut District office, located in There is a real concern that this ad- (5) 120 days after the date of adoption of Hartford, CT, threatening, among this concurrent resolution, and every year ministration, as it gets itself into of- other things, to inflict bodily injury fice facing all kinds of challenges, thereafter, the Administrator of the United through an attack on a Federal build- States Agency for International Develop- needs to get its people on board as soon ing. ment, in consultation with the heads of as possible. We are now entering the other appropriate Federal departments and This resolution would authorize an seventh month of President Bush’s ad- agencies, should submit to Congress a report employee on Senator LIEBERMAN’s staff ministration. Maybe 15 percent of his on the implementation of those strategies, who heard the threatening messages to term has been used up, and we now including the action taken under paragraph testify and to produce evidence of the have 150 nominees who have not been (3), describing— calls, with representation by the Sen- (A) the results of the implementation of confirmed. Maybe there will be some ate Legal Counsel. objections to some and they will need those strategies as of the date of the report, Mr. REID. I ask unanimous consent including the progress made and any set- some scrutiny, but most of them are the resolution and preamble be agreed backs suffered; nominations which, if called up and are (B) impediments to, and opportunities for, to en bloc, the motion to reconsider be voted upon on the floor, are going to future progress; laid upon the table en bloc, and any pass virtually unanimously. (C) proposed changes to those strategies, if statements relating thereto be printed These are good men and women who any; and in the RECORD. have left their jobs and careers. They (D) the role and extent of cooperation of The PRESIDING OFFICER. Without the governments of sub-Saharan countries are committed to public service for a objection, it is so ordered. period of time. We need to give them and other donors, both public and private, in The resolution (S. Res. 136) was combating poverty and promoting equitable an up-or-down vote. economic development. agreed to. I think we need to set a higher stand- The preamble was agreed to. ard than we have done before. I do not f (The resolution is printed in today’s object to a Senator who has a concern RECORD under ‘‘Resolutions Sub- over a nominee to raise that concern, MEASURE READ THE FIRST mitted.’’) to highlight the problem, to ask ques- TIME—H.J. RES. 36 f tions, even delay a nominee. But when we have a nominee nobody objects to— Mr. REID. Mr. President, on behalf of FILING OF AMENDMENTS TO H.R. and this is true of the overwhelming the Republican leadership, I under- 2311 stand the House Joint Resolution 36 is majority of the 150 or so—we believe Mr. REID. Mr. President, because we at the desk, and I ask for its first read- they ought to be moving forward have filed a cloture motion in the mat- ing. promptly. That is why we are at log- ter before the Senate, everyone who The PRESIDING OFFICER. The gerheads a little bit here. There are has an amendment to file will have to clerk will read the resolution by title. some strong feelings that we need a do so by 1 o’clock tomorrow. The legislative clerk read as follows: good, firm commitment we will move these nominations before we leave in A resolution (H.J. Res. 36) proposing an f August for a month away because then amendment to the Constitution of the PROGRAM United States authorizing the Congress to we will come back with all kinds of prohibit the physical desecration of the flag Mr. REID. Mr. President, on Thurs- things and it will be September with of the United States. day the Senate will convene at 10 a.m. appropriations bills and there will be

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S7890 CONGRESSIONAL RECORD — SENATE July 18, 2001 other issues and it will be harder than I have worked diligently. A lot of We are going to have a flood of nomina- ever to get up nominations. Even more times people criticize me on my side tions that haven’t even come in yet. I of them will be in the system by then, because I work too closely with Sen- am frustrated, as a former U.S. attor- having been submitted by the Presi- ator LOTT on moving some of these ney, that no U.S. attorney nominees dent. It is going to be a big problem if bills. Last year, prior to the August re- have even been made. I guess the Presi- we do not move promptly. cess, we did eight appropriations bills. dent deserves blame for that. Maybe I think this is a reasonable request. I Republicans controlled the Senate. But the FBI is working the other nominees know Senator REID, Senator DASCHLE we moved eight appropriations bills. and can’t get the backgrounds on and others, have indicated they will That was hard, hard work. But we did them, or whatever. The Senator from make some progress, but we are not it. The Senator is right. A lot of times Nevada said perhaps they are terrified confident we have made a strong there were lots of amendments on that they will nominate somebody who enough determination and commit- those bills. But we worked our way will have a black mark on their record ment at this point in time to ensure through them. and the administration will be embar- those nominees move forward. I hope I hope the Senator, who has a fine rassed. maybe this cloture motion can be viti- legal mind, is very concerned about But I think all we are asking is let’s ated and we will be able to reach ac- what is happening. He wants his Presi- give an intensity of interest to it. Let’s cord and move forward, but I just want dent to have all the help he needs. I give it our best shot before we recess in to say for the record that the matter is hope the President gets all of his sub- August to make sure that the back- very serious. We have probably taken cabinet people approved real soon. grounds have been done on every one of too long to move nominations as we go I listened to an account on public these nominees so they are ready to go forward. radio just a short time ago. It is abso- forward. The committees have to have I think the ones that have little or lutely correct. It said what I already some hearings. I know they are busy. no objection certainly ought to be know—that President Bush will be We have been having hearings in the moved forward. lucky to have his subcabinet people ap- Judiciary on the FBI and DEA nomi- Mr. REID. Mr. President, my friend proved by February. That is not be- nees, but we haven’t had but three from Alabama is right. There is no cause of partisan politics. It is because judges come out of Judiciary in 7 question that the process is very cum- a system has developed in this country months, and none have been confirmed. bersome. I hope in the future that we where we have vetting by the White We have to speed up a little bit. That can maintain our record. We have a House, by the Justice Department, by is what we are asking. clear conscious. We cleared 54 last the agency in which the person is going I thank the Chair and yield the floor. week. It was really the first week that to serve. It is too cumbersome and too f we were in power because committees burdensome. ADJOURNMENT UNTIL 10 A.M. were just organized. With the leader- Why do we need to have all this proc- TOMORROW ship having changed, it slowed things ess for Dan Coats? Dan Coats served in down a little bit. But there wasn’t the Senate up until a couple of years The PRESIDING OFFICER. Under much the Republicans could have done ago. He will be confirmed easily. Ev- the previous order, the Senate stands while they controlled the Senate be- erybody likes him. It seems to me that adjourned until the hour of 10 a.m. to- cause of the funnel that just doesn’t the administration—Democratic and morrow, Thursday, July 19, 2001. allow these nominations to get here. Republican administrations—should Thereupon, the Senate, at 8:17 p.m., We have worked diligently today. just have a little more courage, and adjourned until Thursday, July 19, 2001, Our staff worked. I told one of Senator say: We don’t need Dan Coats to be vet- at 10 a.m. LOTT’s staff people just a minute ago ted—that is just how I feel about it—by f that I spoke to Senator BIDEN earlier anyone. Let’s just bring him down NOMINATIONS today, and we had told him that prior here, and he will stand or fall on how Executive nominations received by to the August recess we would clear all we feel about Dan Coats. the Senate July 18, 2001: of those that already had hearings. We I hope in the morning that the Sen- SECURITIES AND EXCHANGE COMMISSION received a call back from Senator ator from Alabama and his colleagues HARVEY PITT, OF NORTH CAROLINA, TO BE A MEMBER BIDEN’s staff, and he told us that he who are concerned about this will look OF THE SECURITIES AND EXCHANGE COMMISSION FOR spoke to Senator BIDEN and Senator at our good-faith efforts. We are trying THE REMAINDER OF THE TERM EXPIRING JUNE 5, 2002, VICE PAUL R. CARY. BIDEN hopes to clear as many as 20 to do everything that we can. As I said, HARVEY PITT, OF NORTH CAROL8INA, TO BE A MEMBER from the Foreign Relations Committee we were willing to clear 9 or 10 people OF THE SECURITIES AND EXCHANGE COMMISSION FOR A TERM EXPIRING JUNE 5, 2007. (REAPPOINTMENT) prior to the recess. tonight. For reasons that the Senator MISSISSIPPI RIVER COMMISSION We recognize it is an embarrassment understands, we decided not to do that. BRIGADIER GENERAL EDWIN J. ARNOLD, JR., UNITED to this country—as powerful as the We haven’t gotten much credit for STATES ARMY, TO BE A MEMBER AND PRESIDENT OF United States is—not having an Am- the 54 we confirmed. We want to make THE MISSISSIPPI RIVER COMMISSION, UNDER THE PRO- VISIONS OF SECTION 2 OF AN ACT OF CONGRESS, AP- bassador in a country. That is some- sure that you feel good about what we PROVED JUNE 1879 (21 STAT. 37) (33 USC 642). thing that is good for the country. It is are trying to do. There are a number of BRIGRADIER GENERAL CARL A. STROCK, UNITED STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI not because of Democrats or Repub- people as we proceed who may have RIVER COMMISSION, UNDER THE PROVISIONS OF SEC- licans. some problems. We will identify those TION 2 OF AN ACT OF CONGRESS, APPROVED 28 JUNE 1879 The Senator from Alabama is abso- and set a special time for having some (21 STAT. 37) (22 USC 642). lutely right. For the vast majority of debate on the floor so we can have an DEPARTMENT OF STATE these people, there is no problem at all. up-or-down vote on them. We are not THEODORE H. KATTOUF, OF MARYLAND, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF We just have to get them through the going to hold them up just to be hold- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- hearing process, which is sometimes ing them up. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE SYRIAN ARAB REPUBLIC. cumbersome. Mr. SESSIONS. Mr. President, I MAUREEN QUINN, OF NEW JERSEY, A CAREER MEMBER If there is somebody who has some thank the Senator for his comments. OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND objections, we can arrange something We have made some progress. There PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA just like Graham. We are going to de- were some objections last week and TO THE STATE OF QATAR. JOSEPH GERARD SULLIVAN, OF VIRGINIA, A CAREER bate the Graham nomination when we some concerns about not moving. The MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF finish the energy and water bill. There Democratic leadership moved 50 or CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES is time. I wanted to finish it tonight. more. But we still have 150, and we are OF AMERICA TO THE REPUBLIC OF ZIMBABWE. I wish right now that we could be coming up on the August recess. That JOHNNY YOUNG, OF MARYLAND, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- doing this and Graham could look for- is all we are saying. ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- ward tomorrow morning to a very Mr. REID. One-hundred and sixty. IPOTENTIARY OF THE UNITED STATES OF AMERICA TO early vote and we could complete that Mr. SESSIONS. If we don’t get mov- THE REPUBLIC OF SLOVENIA. matter. It is a contentious issue, but it ing now, we are not going to be able to DEPARTMENT OF THE INTERIOR is something we need to do. We can do finish by August with many confirmed. JEFFREY D. JARRETT, OF PENNSYLVANIA, TO BE DI- RECTOR OF THE OFFICE OF SURFACE MINING RECLAMA- that on others. That will get us even further behind. TION AND ENFORCEMENT, VICE KATHLEEN M. KARPAN.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — SENATE S7891

DEPARTMENT OF STATE To be major MARCOS A. SEVILLA, 0000 MIL A. YI, 0000 EDWARD WILLIAM GNEHM, JR., OF GEORGIA, A CAREER BRIAN T. *MYERS, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DEPARTMENT OF STATE CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE UNITED STATES OFFICERS FOR APPOINTMENT TO EDMUND JAMES HULL, OF VIRGINIA, A CAREER MEM- OF AMERICA TO THE HASHEMITE KINGDOM OF JORDON. THE GRADE INDICATED IN THE RESERVE OF THE ARMY BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- R. NICHOLAS BURNS, OF MASSACHUSETTS, A CAREER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF To be colonel DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MINISTER-COUNSELOR, TO BE UNITED STATES PERMA- OF AMERICA TO THE REPUBLIC OF YEMEN. NENT REPRESENTATIVE ON THE COUNCIL OF THE NORTH MARIA L. BRITT, 0000 FRANKLIN L. LAVIN, OF OHIO, TO BE AMBASSADOR EX- ATLANTIC TREATY ORGANIZATION, WITH THE RANK AND ANN D. DEMOLSKI, 0000 TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATUS OF AMBASSADOR EXTRAORDINARY AND PLENI- JADWIN V. MAYEAUX JR., 0000 STATES OF AMERICA TO THE REPUBLIC OF SINGAPORE. POTENTIARY, VICE ALEXANDER R. VERSHBOW. MARK W. OLSON, 0000 JOHN THOMAS SCHIEFFER, OF TEXAS, TO BE AMBAS- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF DEPARTMENT OF JUSTICE LEONARD P. PARESA JR., 0000 ROBERT H. RHEN, 0000 THE UNITED STATES OF AMERICA TO AUSTRALIA. ROBERT S. MUELLER, III, OF CALIFORNIA, TO BE DI- RANDOLPH W. THOMAS, 0000 JOHN W. WILKINS II, 0000 RECTOR OF THE FEDERAL BUREAU OF INVESTIGATION f FOR THE TERM OF TEN YEARS, VICE LOUIS J. FREEH, RE- IN THE NAVY SIGNED. IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- WITHDRAWAL POINTMENT TO THE GRADES INDICATED IN THE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: Executive message transmitted by TO THE GRADES INDICATED IN THE UNITED STATES To be commander the President to the Senate on July 18, ARMY, ARMY CHAPLAIN (CH) AND FOR REGULAR AP- POINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER DAVID M. BURCH, 0000 2001, withdrawing from further Senate TITLE 10, U.S.C., SECTIONS 531 AND 624: DAVID W. FLOYD, 0000 consideration the following nomina- To be colonel To be lieutenant commander tion: JOSE R. ARROYONIEVES, 0000 CURT D. ANDERSEN, 0000 HARVEY PITT, OF NORTH CAROLINA, TO BE A MEMBER To be lieutenant colonel MICHAEL G. MUELLER, 0000 OF THE SECURITIES AND EXCHANGE COMMISSION FOR A MARCIA A. RIPLEY, 0000 TERM EXPIRING JUNE 5, 2005, WHICH WAS SENT TO THE JAMES R. WHITE JR., 0000 CH BRENT W. SCOTT, 0000 SENATE ON JULY 10, 2001.

VerDate Mar 15 2010 03:35 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY July 18, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1349 EXTENSIONS OF REMARKS

125TH ANNIVERSARY OF A PROCLAMATION CONGRATU- Assemblywoman Elaine Alquist, my fellow leg- PEMBERVILLE, OHIO LATING MELANIE KIDDER islator from the Silicon Valley. Throughout her career, Assemblywoman HON. ROBERT W. NEY Alquist has been a defender of women, chil- HON. MARCY KAPTUR OF OHIO dren, families and seniors. The first Greek- American woman elected to the California OF OHIO IN THE HOUSE OF REPRESENTATIVES Tuesday, July 17, 2001 State Legislature, she is now the senior mem- IN THE HOUSE OF REPRESENTATIVES ber of the Assembly’s Santa Clara County del- Mr. NEY. Mr. Speaker, with great pride and egation. Tuesday, July 17, 2001 satisfaction I commend the following article to A former algebra and trigonometry teacher, my colleagues: Assemblywoman Alquist is the chair of the Ms. KAPTUR. Mr. Speaker, I rise to recog- Whereas, Melanie Kidder, should be recog- nize a significant milestone for a community in Higher Education Committee and co-vice chair nized for her outstanding achievement; and, of the Joint Committee to Develop a Master my district. Pemberville, Ohio celebrates its Whereas, Melanie Kidder proudly rep- Plan for Education-Kindergarten through Uni- 125th anniversary this year. The town recently resented her community as Belmont County’s celebrated the 125th anniversary of its incor- delegate to the Scripps Howard National versity. Assemblywoman Alquist is also the poration, which took place on June 8, 1876. Spelling Bee, held in Washington, D.C., and chair of the Select Committee on the Aging of Whereas, having advanced to the fifth Baby Boomers. The fertile farmland region in Wood County, round, she rose to be among the very top of Assemblywoman Alquist was the 2001 re- Ohio was home to pioneering settlers for three her 248 competitors from across the nation, cipient of the Lifetime Achievement Award generations prior to the establishment of and from the Women’s Fund, and has been named Pemberville—first known as the forks because Whereas, she showed grace, courage and the Legislator of the Year by such organiza- it was near a fork in the river—in 1854. Well uncommon maturity as she achieved great tions as the American Electronics Association before Pemberville became a town, William success before a national television audience (in 1999 and 2000), the Alzheimer’s Associa- Henry Harrison made his camp at the site— in the final round of the spelling competition; tion, California Council, the California Associa- which was strategically situated on the Por- and, tion of Psychologists, and the California Asso- tage River—during the War of 1812. Later, Therefore, I ask you to join with me and the ciation of Homes and Services for the Aging. many families found it desirable and by the citizens of Ohio, in recognition of Melanie Kid- I thank Assemblywoman Elaine Alquist for time it was incorporated in 1876, the town der’s outstanding performance. her years of friendship and offer the warmest grew from a crossroads for fur traders and a f congratulations from my family to hers. few adventurous farmers into a viable commu- f nity. Upon incorporation, it became known as CONCERNING THE DEATH OF Pemberville, named for one of its founders, KATHARINE GRAHAM PERSONAL EXPLANATION James Pember. HON. ELEANOR HOLMES NORTON The town further prospered when railroad HON. DAVID VITTER OF THE DISTRICT OF COLUMBIA OF LOUISIANA lines were completed in 1875 and oil was dis- IN THE HOUSE OF REPRESENTATIVES covered in 1881. In fact, only a year after IN THE HOUSE OF REPRESENTATIVES being formally incorporated, Pemberville Tuesday, July 17, 2001 Tuesday, July 17, 2001 boasted a population of 500. Those earliest Ms. NORTON. Mr. Speaker, for the world, it Mr. VITTER. Mr. Speaker, due to a flight citizens were united in their effort to establish may be enough to remember that Katharine cancellation on Tuesday, July 17, 2001, I was Pemberville as a regional hub, and its prime Graham was a great publisher, humanitarian unable to be present for the following Roll Call location on the river, along with the develop- and path breaker for women, but no summary Votes: # 229, the vote on S. 360, a Bill to ment of both roads and rail, helped the of her life is complete unless it includes the Honor Paul Coverdell; and # 230, the vote on growth. contributions that made her a great Washing- H. Res. 195, Commending the United States tonian. military and defense contractor personnel re- Pemberville became home to many church- Notwithstanding her world class accomplish- sponsible for a successful in-flight ballistic mis- es and businesses and provided a well-devel- ments and worldwide fame, Kay Graham al- oped school system. Today it remains a vi- ways lavished love and attention on her home- sile defense interceptor test on July 14, 2001. I ask that the RECORD show that if I were brant community, rich in tradition, with a small- town. She stood for full equality when this was town, folksy feel. It is a community looking for- a segregated southern town, and she stood present, I would have voted ‘‘yea’’ on Roll Call ward while proud of its past. It moves forward for full democracy and congressional rep- # 229 and ‘‘yea’’ on Roll Call # 230. through the seasons, adjusting to fit the times, resentation until the day she died. The Wash- f but never losing the essence of the best of ington Post was only the most visible instru- INTRODUCTION OF THE INTERNET small town America: neighborliness, friendli- ment of her support for the District and its TAX FAIRNESS ACT OF 2001 ness, and a timeless quality. people. Those who live here will especially Oliver Wendell Holmes said ‘‘Where we love cherish the countless ways that Kay Graham HON. BOB GOODLATTE is home, home that our feet may leave, but was devoted to this city as a public advocate and private citizen. In short, Katharine Graham OF VIRGINIA not our hearts.’’ Pemberville is a town that il- IN THE HOUSE OF REPRESENTATIVES lustrates this sentiment: Though many of its was one of us. sons and daughters have traveled far afield, f Tuesday, July 17, 2001 often settling elsewhere, still that inexorable TRIBUTE TO CALIFORNIA STATE Mr. GOODLATTE. Mr. Speaker, I am feeling of community and home brings them ASSEMBLYWOMAN ELAINE pleased to introduce today, along with my back time and again, whether it is in fact or in ALQUIST good friend, Mr. BOUCHER, the Internet Tax mind. I know that they, along with the citizens Fairness Act of 2001. who assembled at this year’s sesquicenten- This much-needed bipartisan legislation per- nial, are proud of Pemberville and proud of its HON. ZOE LOFGREN manently extends the current moratorium on OF CALIFORNIA journey through the past to the present. I am Internet access taxes and multiple and dis- IN THE HOUSE OF REPRESENTATIVES pleased to join those who gather at this 125th criminatory taxes. In addition, this legislation anniversary celebration to celebrate that past Tuesday, July 17, 2001 clarifies state and local authority to collect even as we see a vision of Pemberville’s fu- Ms. LOFGREN. Mr. Speaker, today I rise to business activity taxes from out-of-state enti- ture. recognize the achievements of California State ties.

∑ 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. E1350 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 As many of you know, the Internet Tax Fair- interstate commerce, grow the economy and local hosts David Furst of Metro Connection ness Act of 1998 created a moratorium on create new jobs. At the same time, this legis- and Lakshmi Singh of All Things Considered, Internet access taxes and multiple and dis- lation will ensure that states and localities are and our own indispensable local D.C. political criminatory taxes. As a result of this morato- fairly compensated when they provide services pundit Mark Plotkin. rium, the Internet has remained relatively free to businesses with a substantial physical pres- In response to the overwhelming views of its from the burdens of new taxes. However, the ence in the state. listeners and subscribers, WAMU 88.5 FM re- moratorium is set to expire in October, sub- I urge each of my colleagues to support this cently altered its weekday format to include jecting the Internet to possible taxation from very important bipartisan legislation. more public affairs programming. To the sta- more than 7,500 taxing jurisdictions. We must f tion’s credit, WAMU nevertheless found a way continue to ensure that the Internet remains to preserve the bluegrass programming for free from restrictive taxation by making the tax IN HONOR OF WALTON HILLS which the station is also known. Members of moratorium permanent. VILLAGE the House and Senate and the station’s lis- In addition, many States and some local teners nationwide, who depend on WAMU for governments levy corporate income and fran- HON. DENNIS J. KUCINICH the best public affairs programming on the air chise taxes on companies that either operate OF OHIO will be happy about the expanded public af- or conduct business activities within their juris- fairs programs. At the same time, we com- dictions. While providing revenue for States, HON. STEVE C. LaTOURETTE mend WAMU for its sensitivity in finding a way these taxes also serve to pay for the privilege OF OHIO to continue a healthy dose of bluegrass music. of doing business in a state. IN THE HOUSE OF REPRESENTATIVES WAMU is an important part of community life here, and prides itself on being the ‘‘voice Supreme Court precedent is clear that a Tuesday, July 17, 2001 state cannot impose a tax on an out-of-state of the community’’ to those of us who live and business unless that business has a ‘‘substan- Mr. KUCINICH. Mr. Speaker, I rise today work in the greater Washington area. In- tial nexus’’ with the taxing state. In addition, with my colleague Mr. LATOURETTE, in rec- creased news coverage in the nation’s capital, over forty years ago, Congress passed legisla- ognition of the 50th Anniversary Celebration of especially with a local focus during national tion to ensure that states could not tax the in- the Village of Walton Hills, Ohio. broadcasts is especially needed and wel- come of out-of-state corporations whose in- In March 1951, people of the prospective comed by those of us who call this area state presence was minimal. Public Law 86– village voted in a special election to determine home—where we educate our children, volun- 272 set uniform, national standards for when whether the area would detach from Bedford teer to help, pay taxes, attend church serv- states could and could not impose such taxes. Township and become the Village of Walton ices, take part in the arts, and do all the things However, like the economy of the time, Public Hills. The voting took place in the Quonset hut that make the Washington area vibrant and Law 86–272 was limited to tangible personal owned by L.S. Conelly, S.E. corner Alexander vital. property. and Walton Rd. The glorifying outcome was This is radio at its most substantive, With the growth of the Internet, companies the approval of the establishment of the new thoughtful and interesting best. WAMU re- are increasingly able to conduct transactions village. cently added even more news programming to without the constraint of geopolitical bound- Later on in May 1951, the voters went again serve the needs of this diverse and unique aries. The increasing rate of interstate and to the polls and elected officers for the Village, Washington audience, because it has a spe- international business-to-business and busi- who were then sworn in at Black Beauty cial responsibility to inform, educate and raise ness-to-consumer transactions raises ques- Riding Academy Hall on Dunham Road in the level of conversation on the issues of our tions over states’ ability to collect income June 1951. The top officials were Mayor Virgil day. WAMU takes its shows into the commu- taxes from companies conducting business D. Allen Jr, Clerk Betty Walton, Treasurer nity, with Public Interest and The DC Politics within their jurisdiction. Charles Clark, and six councilmen. Hour broadcasting live from every ward in the Over the past several years, a growing The Walton Village is proud of its many civic city to hear the opinions of city residents on number of states have sought to collect busi- clubs. The Women’s Club in August 1951 held issues of critical importance to them and their ness activity taxes from businesses located in their organizational meeting at Lillian Kral’s neighborhoods. The station also participates in other states, even though those businesses Golden Glens pavilion. The Men’s Club was hosting and sponsoring myriad non-profit arts, receive no appreciable benefits from the col- founded in September 1951 with the accept- education, ethnic and cultural events in the lecting states and even though the Supreme ance of the Articles of Organization. Some city every year. Court has ruled that the Constitution prohibits men organized Little League in 1955 while I applaud the news and information pro- a state (without the consent of Congress) from others organized Walton Hills Lake rec- gramming additions, and commend WAMU for imposing tax on businesses that lack substan- reational activities starting in 1949. The Wal- its extensive and long standing service to our tial connections to the state. This has led to ton Hills Citizens League was founded in Oc- area. As WAMU celebrates 40 years of broad- unfairness and uncertainty, generated conten- tober 1963 to promote citizen involvement in casting, we look forward to its continued pres- tious, widespread litigation, and hindered busi- local government. ence for many years to come. WAMU remains ness expansion, as businesses shy away from Please join me in recognizing a strong com- an award winning resource for the residents of expanding their presence in other states for munity, The Village of Walton Hills on this dis- the Washington area. fear of exposure to unfair tax burdens. tinguished 50th anniversary. f In this period where the rapid growth of e- f HONORING MARY WALKER CLARK commerce will shape the economy of the 21st century, this expansion of the States’ power to WAMU 88.5 FM—A COMMUNITY RE- HON. SCOTT McINNIS impose business activity taxes, left unchecked, SOURCE IN THE DISTRICT OF CO- OF COLORADO will have a chilling effect on e-commerce, LUMBIA IN THE HOUSE OF REPRESENTATIVES interstate commerce generally, and the entire economy as tax burdens, compliance costs, HON. ELEANOR HOLMES NORTON Wednesday, July 18, 2001 litigation, and uncertainty escalate. OF THE DISTRICT OF COLUMBIA Mr. MCINNIS. Mr. Speaker, when Ms. Mary Accordingly, the second recommendation of IN THE HOUSE OF REPRESENTATIVES Walker Clark was asked to reveal her age, the Advisory Commission on Electronic Com- she replied, ‘‘A lady never tells that kind of in- Tuesday, July 17, 2001 merce majority was that Congress establish formation,’’ then added with a smile on her national standards for when states can impose Ms. NORTON. Mr. Speaker, I rise today to face, ‘‘I was born in 1894, you figure it out.’’ business activity taxes. speak in support of a valued and long-time re- It brings me great pleasure to have this oppor- That is why we are introducing this impor- source for the residents of the District of Co- tunity to offer my congratulations and admira- tant legislation today. The Internet Tax Fair- lumbia, WAMU, one of the nation’s leading tion to Mary Walker Clark who celebrated her ness Act establishes definite, specific stand- public radio stations. In addition to its nation- 107th birthday on July 16 in the town of ards to govern when businesses should be wide audience, WAMU has served nearly half Montrose, Colorado—making her the oldest obliged to pay business activity taxes, which a million listeners in the District of Columbia living individual in the entire state of Colorado. will ensure fairness, minimize litigation, and and surrounding areas for forty years, with In quaint Angels Camp, California, Mary create the kind of legally certain and stable award-winning news and public affairs pro- was born in 1894. When she was only 40 business climate which encourages busi- gramming by its celebrated talk show hosts days old, her family relocated to Ouray, Colo- nesses to make business investments, expand Diane Rehm, Kojo Nnamdi of Public Interest, rado. Today, Mary lives at the San Juan Living CONGRESSIONAL RECORD — Extensions of Remarks E1351 Center in Montrose, Colorado. She was quality of life and well being of persons with unteer firefighters are injured, and even die, in blessed with two sons—Jack, who is a busi- disabilities. the service of their esteemed duty. Volunteer ness owner and lives in Ouray, and Lester This year’s ‘‘National Therapeutic Recre- firefighting is one of the hardest jobs imag- who resides in Grand Junction, Colorado. ation Week’’ will hopefully generate more in- inable, and it is frequently rewarded only by No day would be complete for Mary without terest and encourage all South Carolinians to the knowledge that the service it provides is her son Jack delivering a small soda and an recognize the positive benefits of leisure and vital to its community. order of french fries from the local McDonald’s recreation. In this unique case, Bill and Pat both made restaurant. Since she was old enough to have Mr. Speaker, last week thousands of South enormous contributions to the Placitas Volun- solid food, Mary has always loved french fries Carolinians devoted their time and energy to teer Fire Brigade. Bill, who began as a volun- and her affection for these potatoes has improve their quality of life, and also the lives teer firefighter and was later named Chief of sparked a keen interest in her community. She of others. Please join me in recognizing the the department, helped establish the stand- was recently been asked to perform the ribbon gallant efforts of these individuals, and the ards the department uses to fight structural cutting ceremony at the grand opening for the wonderful accomplishments they made during and wildland fires. Although he retired from new McDonald’s in Montrose. Mary attributes ‘‘National Therapeutic Recreation Week.’’ the department last year, Bill is still active the her longevity to not only the french fries, but f in planning and training of new firefighters. also the hard work and dedication that she Pat, a registered nurse and an emergency- has performed throughout her life. IN RECOGNITION OF JACOBUS medical technician, is currently the brigade’s When Mary was in junior high school, she PHARMACEUTICAL’S CONTRIBU- medical Captain, and was a major contributor quit her formal schooling to assist her mother TIONS TO BARBARA MOORE to the development of the department’s med- in cooking, cleaning and washing for the local ical procedures and standards. It is also im- miners in order to feed the six children in their HON. DOUG OSE portant to note that in 1999, the New Mexico family. Since that time, it seems that she has OF CALIFORNIA Injury Prevention and EMS Bureau named Pat never stopped providing for others. Mary often IN THE HOUSE OF REPRESENTATIVES the state’s Emergency Medical Technician- cooked for community dinners, aided her Wednesday, July 18, 2001 Basic of the Year. brother at his market, carried on her hus- Mr. Speaker, it is often said that nothing is band’s moonshine business after he passed Mr. OSE. Mr. Speaker, I rise today on be- bigger than the heart of a volunteer. I think away, and operated a legitimate liquor store half of a constituent of mine, Mrs. Barbara that is especially true for Pat and Bill and all following Prohibition. In addition, she did nu- Moore of West Sacramento, California, to rec- the volunteer firefighters in New Mexico and merous tasks at two hotels and also offered a ognize Jacobus Pharmaceutical Company, a across the country. For all their courage, their helping hand at her son’s bakery. Not surpris- small family-owned company based in Prince- strength, their selflessness, and their dedica- ingly, at the age of 97, she was still carrying ton, New Jersey. A few years ago, Laura Ja- tion, I salute each and every one of them. her own coal to her furnace—two buckets at cobus, Director of Quality Assurance for Jaco- f a time. Mary often wonders ‘‘why such a fuss’’ bus Pharmaceutical Company, reached out is being made over her. her hand to Barbara, who suffers from a rare CHARLES TEED COMMEMORATION Mr. Speaker, Mary Clark is a phenomenal condition called Lambert Eaton Myasthenic individual who has dedicated her life to the Syndrome. HON. SCOTT McINNIS service of others through her hard work. Dr. David Richman, Barbara’s doctor at the OF COLORADO French fries and a strong work ethic have con- University of California at Davis Medical Cen- IN THE HOUSE OF REPRESENTATIVES ter, placed Barbara in a treatment program for tributed greatly to her longevity and it is with Wednesday, July 18, 2001 great pleasure that I honor her today. Happy her condition, thus leading her to Jacobus Birthday Mary! Pharmaceutical. Prior to the assistance from Mr. MCINNIS. Mr. Speaker, it is with a sol- f Jacobus Pharmaceutical, Barbara couldn’t emn heart that I take this opportunity to re- even move short distances without help. As a member the wonderful life of Mr. Charles TRIBUTE TO NATIONAL THERA- result of her treatments, Barbara has been Teed. At the age of 87, Mr. Teed passed PEUTIC RECREATION WEEK IN able to watch her son grow up, and remain an away on Friday, June 29 in Grand Junction, SOUTH CAROLINA integral part of his life. Colorado. In a time where money is viewed as the A talented writer and reporter, Charles spent HON. JAMES E. CLYBURN main motivating factor, I am deeply touched much of his life working for The Daily Sentinel, OF SOUTH CAROLINA by the selfless actions of Jacobus Pharma- the local newspaper in Grand Junction. He IN THE HOUSE OF REPRESENTATIVES ceutical. It is my wish to honor Jacobus Phar- served as a reporter and a photographer from maceutical and Laura for their benevolence 1964 to 1974. In addition, he acted as the edi- Wednesday, July 18, 2001 and unsurpassed humanity within the pharma- tor of the weekly church page and wrote the Mr. CLYBURN. Mr. Speaker, I rise today in ceutical industry. ‘‘Slope Action’’ consumer-complaint column. recognition of ‘‘National Therapeutic Week’’ in f Perhaps Charles’s most notable work began South Carolina as proclaimed by Governor in 1983 when he started writing the ‘‘Philately’’ Jim Hodges. A SALUTE TO PAT AND BILL column. This column allowed him to highlight The purpose of this event, which was held BENNETT the stamps which he collected from all corners July 8–15, 2001, was to increase public of the world. The column ran every Sunday for awareness of therapeutic recreation programs HON. TOM UDALL ten years. Teed’s travels to Iceland, England, and services, and expand recreational and lei- OF NEW MEXICO France and Canada were never complete un- sure opportunities for individuals with disabil- IN THE HOUSE OF REPRESENTATIVES less he obtained stamps from these locations ities. Physical therapists from all over the state to augment his collection. ‘‘Philately’’ was a met and worked together to eliminate barriers Wednesday, July 18, 2001 weekly column on his personal collection that to leisure activities for many with disabilities Mr. UDALL of New Mexico. Mr. Speaker, I was initiated with the purchase of a stamp and educate people in leisure skills and atti- rise today to pay tribute to a special husband- from Mozambique. His collection included tudes. These therapists constantly stressed and-wife team from my home state of New stamps of mainly cars, railroads and famous the importance and advantage of having a Mexico. Pat and Bill Bennett of Placitas have writers. clear understanding of how involvement in lei- spent the past decade strengthening and en- Charles is survived by his wife Lois, their sure and recreational activities improves phys- hancing the Placitas Volunteer Fire Brigade. three children, 13 grandchildren, 20 great- ical and psychosocial health, and how recre- To recognize their dedicated service and com- grandchildren and two great-great grand- ation can provide individuals with a sense of mitment, this past Sunday the Brigade was re- children. The Teed’s moved to Colorado dur- self-confidence and satisfaction. named in their honor. ing Charles’ college years in New York state, The theme for ‘‘National Therapeutic Recre- Volunteer firefighters provide one of the where he was born and raised, and where ation Week’’ was ‘‘Therapeutic Recreation most valuable services imaginable to this Lois and Charles met. Their 65th wedding an- . . . Examine the Possibilities.’’ The theme country and its people—that of saving lives niversary would have been on July 14. suited the occasion perfectly, as the aim was and safeguarding our precious lands. Fire- I would like to extend my deepest sympathy to explore a variety of methods used by thera- fighters preserve the integrity of the safety in and prayers to his family as we mourn his peutic recreation professionals to enhance the the communities they serve. Every year, vol- loss. It is through his past works and columns E1352 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 that we will all forever recognize his contribu- dering this is a circular gold area with two Chapter No. 87. Ms. Rogers is also a member tions to The Daily Sentinel, the Grand Junction Lions profiles facing away from the center. of the Marion County Historical Commission, area, and stamp collectors everywhere. The word ‘‘Lion’’ and ‘‘International’’ appear at the Shannon Wilkerson Scholarship Fund, and f the top and bottom. The Lions are meant to is Clerk to Springville Community Poll. A de- face both a proud past and a confident future. voted forty-five year member of the Shiloh HONORING THE 50TH CHARTER This emblem was adopted at the 1919 con- United Methodist Church, Ms. Rogers serves NIGHT ANNIVERSARY OF THE vention and today Lions throughout the world as the church organist, Missionary Circle CASEYVILLE, ILLINOIS LION’S are recognized by it. The Lions motto, ‘‘We President, and on the administrative board, CLUB Serve’’ precisely explains their mission and among numerous other roles within the their slogan, ‘‘Liberty, Intelligence and Our Na- church. HON. JERRY F. COSTELLO tion’s Safety’’ means LIONS. Mr. Speaker, I ask you to join me today in OF ILLINOIS The Caseyville Lions Club is part of an or- honoring Eloise Whittington Rogers for the in- IN THE HOUSE OF REPRESENTATIVES ganization that not only helps those in need, credible service she has provided for the vet- Wednesday, July 18, 2001 but offers its members opportunities to de- erans and citizens of her community. The velop personal friendships and gain valuable world is a better place because of her service, Mr. COSTELLO. Mr. Speaker, I rise today to leadership skills. They share a common spirit and I wish her happy days in a well-deserved ask my colleagues to join me in recognizing and have been united in a single cause; help- retirement. the 50th Charter Night anniversary of the ing those less fortunate. The Caseyville Lions f Caseyville, Illinois Lions Club. Club helps tackle tough problems like blind- Lions Club International is the world’s larg- ness and combating drug abuse, as well as di- IN HONOR OF LESLIE MATHENEY est service club association. The Lions Clubs abetes awareness programs and finding help AND WALTER SUMM organization has 1.4 million members in more and training for the deaf, disabled, underprivi- than 44,500 clubs in 185 countries and geo- leged and the elderly. In fact, wherever the HON. DOUG OSE graphical areas. The Lions are men and community needs help, the Caseyville Lions OF CALIFORNIA women who volunteer their time to humani- Club, like the entire Lions Club organization, is IN THE HOUSE OF REPRESENTATIVES tarian causes. The International Association of there. Wednesday, July 18, 2001 Lions Clubs began as a dream of Chicago Mr. Speaker, I ask my colleagues to join me businessman, Melvin Jones. He believed that in honoring the 50th Charter Anniversary of Mr. OSE. Mr. Speaker, I rise today to honor local business clubs should expand their hori- the Caseyville Lions Club and to honor its two constituents of mine, Mr. Leslie Matheney zons from purely professional concerns to the members both past, present and future. for his involvement and sacrifice in WWII and betterment of their communities and the world f in Korea, and the late Walter Summ for his in- at large. Jones’ own group, the Business Cir- volvement and sacrifice in WWII. cle of Chicago, agreed. After contacting similar TRIBUTE TO ELOISE ROGERS Mr. Matheney twice served our nation in the groups around the country, an organizational U.S. Marine Corps; first in World War II, from meeting was held on June 7, 1917 at the La- HON. JAMES E. CLYBURN January 27, 1942, through February 1, 1946, Salle Hotel in Chicago. The new group took OF SOUTH CAROLINA where Mr. Matheney spent the majority of his the name of one of the groups invited, the IN THE HOUSE OF REPRESENTATIVES service in the Asiatic Pacific Area. He also ‘‘Association of Lions Clubs’’, and a national served aboard the U.S.S. Vella Gulf (CVE Wednesday, July 18, 2001 convention was held in October of that year in 111). He re-enlisted on January 24, 1948, to Dallas, Texas. A constitution, bylaws, objects Mr. CLYBURN. Mr. Speaker, I rise today to serve in Korea. It was during Mr. Matheney’s and a code of ethics were approved. pay tribute to Ms. Eloise Whittington Rogers of service in Korea that he earned the Purple Just three years after its formation, the or- Marion, South Carolina, who is retiring after Heart. Mr. Matheney was honorably dis- ganization became international, when the first thirty-eight years in public service. She is a charged on October 1, 1952. club in Canada was established in 1920. greatly admired member of her community, Mr. Summ served in the U.S. Navy aboard Major international expansion continued as and in her invaluable role as Veterans Affairs the U.S.S. Luetze during World War II. Mr. clubs were established, particularly throughout Officer has touched countless lives. I join the Summ was injured in a battle near Okinawa, Europe, Asia and Africa during the 50’s and citizens of Marion County in expressing our Japan on April 6, 1945. The U.S.S. Luetze, 60’s. Perhaps the single event having the deepest gratitude for everything she has done. along with Mr. Summ helped in the invasion of greatest impact on the Lions Club occurred in Ms. Rogers was born in Florence, South Iwo Jima, the reclaiming of the Philippines, 1925 when Helen Keller addressed the Lions Carolina. After graduating from Marion High and the ultimate defeat of the Japanese navy. at their international convention in Cedar School in 1956, she earned an Associate De- Mr. Summ passed away over 30 years ago Point, Ohio. It was there that she challenged gree in Business from Carolina College of without having received his Purple Heart and the Lions Club to become ‘‘knights of the blind Commerce in 1966, followed by a second de- the public recognition he deserves. in the crusade against darkness’’. They re- gree in 1969 from the same College. Before I am pleased to report that on July 21, sponded, and now the Lions Club organization entering public service, Ms. Rogers worked as 2001, Mr. Matheney and Mr. Summ’s son, is best known for their sight-related programs, a bookkeeper in Belks Department Store for Wally, will be presented their Purple Hearts including SightFirst, the world’s largest blind- five years. during a public ceremony at the All Wars Me- ness prevention program. Ms. Rogers began her career in public serv- morial in West Sacramento, California. It is Second only to the Lion’s commitment in ice as a secretary at the Marion County Tax with great honor that I take part in this cere- aiding the blind and the visually impaired, is a Collector’s Office, where she worked for ten mony, and share their stories with you. They strong dedication to serving young people. years. Ms. Rogers then moved to the Marion are truly America’s heroes. The Lions Youth Outreach Program chal- County Veterans Affairs Office. She devoted f lenges young people to learn, to achieve and 28 years of her life to this office, working four- to serve. By focusing on volunteerism, young teen years as a secretary and fourteen as the HONORING MAJOR GENERAL people are steered away from harmful behav- Veterans Affairs Officer. During her tenure, CHARLES C. CANNON, JR. iors and become involved in youth activities. Ms. Rogers developed close bonds with many The Leo Clubs program, International Youth of the veterans of Marion County, and became HON. KAY GRANGER Exchange, International Youth Camps and the passionate about ensuring they got the bene- OF TEXAS Lions International Peace Poster Contest are fits and recognition they deserved. IN THE HOUSE OF REPRESENTATIVES all youth activities sponsored by Lions Club In addition to the unselfish labor she has International that promote international co- provided to the veterans of Marion County for Wednesday, July 18, 2001 operation, peace and understanding. The almost three decades, Ms. Rogers has been Ms. GRANGER. Mr. Speaker, I rise today in Lions Club International conducts its official giving to her community on a variety of dif- honor of Major General Charles C. Cannon, business in 11 languages, including English, ferent levels throughout her illustrious life. In Jr. It has come to my attention that General Chinese, French, German, Italian, Japanese, 1991, she received the Citizen of the Year Cannon is retiring after 34 years of exemplary Korean, Portuguese, Spanish and Swedish. Award from the Woodman of the World orga- service in the United States Army. He has The emblem of the Lions Club consists of a nization. She has been honored with an Out- served his country with dignity, honor, and in- gold letter ‘‘L’’ on a circular purple field. Bor- standing Service award from the Swamp Fox tegrity. CONGRESSIONAL RECORD — Extensions of Remarks E1353 Major General Cannon is a native of Texas. cluster, the Bronze Star Medal with ‘‘V’’ device UCSC: TOPS IN RESEARCH The general entered the Army upon comple- and three oak leaf clusters, the Purple Heart, tion of the Reserve Officer Training Corps Pro- the Defense Meritorious Service Medal, the HON. SAM FARR gram at the University of Texas—Arlington as Army Meritorious Service Medal with three oak OF CALIFORNIA a Distinguished Military Graduate. He was leaf clusters, the Air Medal, the Army Com- IN THE HOUSE OF REPRESENTATIVES commissioned a Regular Army Second Lieu- mendation Medal with ‘‘V’’ device and five oak tenant in the Quartermaster Corps, detailed to leaf clusters, and the Army Achievement Wednesday, July 18, 2001 the Infantry, on August 31, 1967. He holds a Medal. He also wears the Combat Infantry Mr. FARR of California. Mr. Speaker, it is Bachelor of Arts degree in History and a Mas- Badge, the Army Staff Identification Badge, with great pleasure and pride that I offer my ter of Science in Logistics Management from and the Joint Staff Identification Badge. congratulations to the students, faculty, staff, the Florida Institute of Technology. Mr. Speaker, Major General Cannon de- and administration at the University of Cali- He has served in five divisions, and his serves the thanks and praise of the nation that fornia at Santa Cruz. The university has re- overseas assignments include Vietnam, Ha- he has faithfully served for so long. I know the cently been named the second-best research waii, Korea, three tours in Germany, and one Members of the House will join me in wishing institution in the world for physical sciences, in Croatia. His initial assignment was as an In- him, his wife of 35 years, Karen and his two based on the number of times research per- fantry Officer with the 3d Battalion, 10th Infan- children, Charles and Dianne, all the best in formed at UCSC has been cited by other sci- try, 5th Division (Mechanized). In 1968, he the years ahead. entists in journal articles. was assigned to 2d Battalion, 60th Infantry, Opened in 1965, UCSC began as the 9th Infantry Division in Vietnam serving as a f ‘‘Great Experiment’’ of the University of Cali- company commander, then as the logistics fornia system. The campus, home to both red- staff officer. HONORING DEB DULEY wood groves and vast meadows overlooking After attending the Quartermaster Officer Monterey Bay and the Pacific Ocean, has ex- Advanced Course, he commanded the 143d perienced a steady increase in enrollment to Supply and Service Company, organized and HON. SCOTT McINNIS more than 12,000 students currently. The stu- ran the Basic Leadership Course, and was a OF COLORADO dents, sons and daughters of farmworkers, staff officer for the 19th Support Brigade at doctors, teachers, and lawyers, have come Fort Lewis, Washington. From 1972–1975, he IN THE HOUSE OF REPRESENTATIVES with a common goal: to take advantage of the served as a logistics planner in Headquarters, Wednesday, July 18, 2001 multitude of opportunities made available to U.S. Army Pacific, and Assistant G–4 (Logis- them at this public university. tics), 25th Infantry Division. After attendance Mr. MCINNIS. Mr. Speaker, I would like to These opportunities continue to expand. A at Command and General Staff College and join the Colorado Coalition Against Sexual As- branch of the Institute of Geophysics and Florida Institute of Technology, he was the Ex- sault in recognizing the dedication Deb Duley Planetary Physics opened on the UCSC cam- ecutive Officer for the Petroleum Distribution has exhibited to helping sexual assault victims pus two years ago. The campus was already System—Korea. He was then assigned to in Colorado over the past 6 years. It would not home to the Institute of Marine Sciences and Headquarters, Department of the Army, as a be without her compassionate heart and an the Santa Cruz Institute for Particle Physics. logistics programmer and later as Assistant open ear that these victims receive the sup- The University of California Lick Observatory, Executive Officer to the Deputy Chief of Staff port they most delicately need. utilized by researchers throughout the Univer- for Logistics. Profiled for her volunteer work since 1995 in sity of California system, is also In 1982, he was assigned to the First Cav- the Glenwood Springs Post, Deb has volun- headquartered at UCSC. alry Division serving as Division Support Com- teered at least 48 hours per month at the Ad- The success of the physical science pro- mand Executive Officer and Commander of vocate Safehouse while maintaining a full time gram, and indeed of all the programs, at the the 15th Supply and Transport Battalion. From job as an engineering technician with University of California at Santa Cruz is due to 1985 to 1987, he was an Advance Operational Schmueser Gordon Meyers. Only a few years the vision of the people who first studied, Fellow at Fort Leavenworth, Kansas. For the before her volunteering began, one of her worked, and lived at the university. It is equal- next four years, Major General Cannon served friends was involved in a case of domestic vio- ly shaped by the dedication and hard work of in Germany, first as the Director for Bulk lence that sparked the flame that fuels Deb’s those there now. They share a strong belief in Fuels, 200th Theater Army Materiel Manage- passion today. As noted by Julie Olson, the the importance of improving the research fa- ment Center, and later as the Commander of Executive Director of Advocate Safehouse, cilities and academic opportunities while pre- the 8th Infantry Division (Mechanized) Support Deb has given up numerous evenings and serving the natural surroundings. This belief Command. In July 1991, he became Chief of nights to offer her assistance to victims of do- has fostered a unique academic community the Logistics Planning Division on the Joint mestic violence and sexual assault. ‘‘She is and I look forward to its continued success. Staff. truly a special star among the many stars in Congratulations. In July 1992, he was promoted to Brigadier our advocate group.’’ f General and assumed command of the 3d Corps Support Command in Wiesbaden, Ger- Deb has spent many hours holding con- IN HONOR OF THE REVEREND many. From June 1994 until June 1996 he versations and listening to victims. Unselfishly MARVIN DAVID WILLLIAMS was assigned as the Vice Director for Logis- contributing her time and enthusiasm has as- tics, The Joint Staff. He was promoted to sisted not only the victims themselves, but HON. EDOLPHUS TOWNS Major General in October 1995. He was as- also the Advocate Safehouse Project that pro- vides these helpful services in times of det- OF NEW YORK signed as the Assistant Deputy Chief of Staff IN THE HOUSE OF REPRESENTATIVES for Logistics, Department of the Army, in June riment and despair. Deb was one of the first Wednesday, July 18, 2001 1996. During this assignment, MG Cannon advocates to complete the specialized training temporarily served as the Commander for for the Sexual Assault Crisis Intervention Mr. TOWNS. Mr. Speaker, I rise in honor of Support, Implementation Force (IFOR) Zagreb, Team, which was organized in 1996. In addi- Reverend Marvin David Williams, Pastor and Croatia, from July 1996 until his return to the tion, she recently received the Victim Services Founder of the Greater St. Stephen United Pentagon in November 1996. In May 1999, Award from the Colorado Coalition Against Church of God, in recognition of his service to MG Cannon became Acting Deputy Chief of Sexual Assault. Perhaps most notable are the both his church and his community. Staff for Logistics, Department of the Army. lives she has influenced in the dark moments Reverend Williams, born to the late Rev- He assumed the duties of U.S. Army Mate- that overshadow the vitality of life. When peo- erend Norman Williams and Rossie Lee Wil- riel Command’s (AMC) Chief of Staff Oct. 13, ple experience domestic violence or sexual liams in North Carolina, was reared in the St. 2000. AMC is one of the largest commands in assault they turn to people like Deb Duley for John Missionary Baptist Church where he ac- the Army, with more than 50,000 employees, guidance, tenderness and compassion. cepted Christ at a young age. He graduated and activities in 42 states and in over a dozen Mr. Speaker, through her volunteering, Deb from the Pender County public school system foreign countries. has assisted many lives and I commend her with honors and furthered his education at the His awards and decorations include the De- on her public involvement. Although she main- City University of New York where he earned fense Distinguished Service Medal, Defense tains a humble character, it is with great admi- a degree in Public Administration. Reverend Superior Service Medal, Army Distinguished ration that I thank Deb and offer my congratu- Williams extensively studied Theology at the Service Medal, Legion of Merit with oak leaf lations on the Victim Services Award. Bethel Bible Institute. E1354 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 With his mother’s passing immediately prior nesty International recently reported, more George has come along way in four years, to his high school graduation, Marvin Williams people have been executed in China during he now speaks complete sentences, although moved to Brooklyn where he found work in the past three months than in all the rest of the effort exerted to express his thoughts is order to send money home to his younger sib- the world during the past three years. great, he does not give in. George’s refusal to lings for their education. He joined the United I support the efforts of the Falun Dafa to re- accept his injury, and his chance meeting with Pentecostal House of Prayer where he accept- alize freedom, and pray that the day may soon the therapist Rick Olderman, are the factors ed his call to the ministry. After 18 years of come when the citizens of China, and all the that brought George to another race in Santa faithfully serving at the United Pentecostal world, will be free to worship the religion of Fe. Rick understood George’s need to ride a House of Prayer, he accepted the assistant their choosing and enjoy the basic human bike once again, and gave him the encourage- pastorship position at St. Matthew Glorious right of religious freedom. That is what the Pil- ment George needed. Three years after the United Church of God. After serving in the po- grims came to America for, and it is disheart- accident George was on a bike again. Al- sition of assistant pastor for four years, Rev- ening that freedom remains elusive for so though the ride lasted only five minutes, it ex- erend Williams founded St. Stephen United many people nearly four-hundred years since hausted George, but left him with a feeling of Church of God in 1974, which was renamed the Pilgrims’ perilous departure across the gratitude. Four years later amongst the other Greater St. Stephen United Church of God seas. two thousand cyclists, George GooddeCurnou, after moving to its new home in 1980. It is past time for America and the world to mounted his bike. He pedaled for 29 miles, As Pastor, Marvin Williams’ church operates take a proactive stand against the alarming leaving him with a mixed feeling of pride and as a non-profit community based organization human rights abuse in China. As we speak, sadness. George has already set a goal of 50 miles that offers a variety of community programs in- another will likely be executed, or as the Chi- next year for the race in Santa Fe, and will cluding a soup kitchen, food pantry, clothing nese officials may report, another will commit continue to push himself to the limits. His bank, as well as both after school and sum- ‘‘suicide.’’ fighting spirit and courage against adversity is mer day camp programs. Reverend Williams Ladies and Gentlemen, we are looking an inspiration to all, and that Mr. Speaker, is is also renowned for sponsoring programs, down the fangs of a dragon. There have been why I believe Congress should honor George. which assist individuals in moving towards forty-nine Falun Dafa deaths reported in the I wish him the best of luck in life, and I will be self-sufficiency by helping them to get jobs by past month; tens of thousands are suffering in rooting for him to accomplish next year’s goal training them, and building connections with labor ‘‘re-education’’ camps where the use of of 50 miles in Santa Fe. agencies that will hire. torture, forced confessions, arbitrary arrest, Reverend Williams’ success in the Church rape, and denial of due process are reportedly f has not been limited to being the founder of rampant. We must stop this death and dying TRIBUTE TO HELEN H. SMITH the overwhelmingly successful Greater St. at the hand of Communist Chinese dictators. Stephen Church, but also extends to his exal- I hope that the world will soon unite in HON. JAMES E. CLYBURN tation to the office of Overseer as well as his proactive support for the freedom of mankind consecration as a bishop in 1998. Bishop Wil- that so many have given their lives for. Let OF SOUTH CAROLINA liams also serves as Chairman of the General them not die in vain. IN THE HOUSE OF REPRESENTATIVES Board of Directors of the United Church of I appreciate this opportunity to lend my sup- Wednesday, July 18, 2001 God of America Incorporated in addition to port to the efforts of the Falun Dafa Practi- Mr. CLYBURN. Mr. Speaker, I rise today to holding membership on many other pres- tioners to realize freedom, and I wish them pay tribute to Mrs. Helen H. Smith of Marion, tigious boards. well in their quest for this ideal. May this serve South Carolina, who is retiring after a long and Bishop Williams is married to Callie Louise as opportunity for the world to do right. distinguished career in public service. I join Powell. Together they have been blessed with f the citizens of Marion County in expressing eight children, thirteen grandchildren, and a our deepest gratitude for her outstanding serv- IN HONOR OF GEORGE host of godchildren. ice. GOODDECURNOU’S COURAGE Mr. Speaker, Reverend Marvin David Wil- Helen Smith was raised in Marion, South liams devotes his life to serving his community Carolina. After graduating from Mullins High through his church. As such, he is indeed wor- HON. SCOTT McINNIS School, she attended Columbia College. She thy of receiving our recognition today. I hope OF COLORADO and her husband, Mr. Rupert W. Smith, Jr., that all of my colleagues will join me in hon- IN THE HOUSE OF REPRESENTATIVES are the proud parents of Rupert W. (Smitty) oring this truly remarkable man. Wednesday, July 18, 2001 Smith, III. Mrs. Smith has worked for Marion County for twenty-one years, retiring as the f Mr. MCINNIS. Mr. Speaker, sometimes there Director of the Marion County Voter Registra- IN SUPPORT OF THE FALUN DAFA are people that inspire others, just by living, tion and Election Commission. She distin- George GooddeCurnou is one of those rare guished herself by graduating from the Insti- people. George has been faced with the tute of Government for County Officials, and HON. JAMES A. TRAFICANT, JR. strongest of adversity and has slowly tri- became a key figure in the South Carolina As- OF OHIO umphed. His survival after what should have sociation of Registration and Election Officials, IN THE HOUSE OF REPRESENTATIVES been a fatal accident four years ago is due in commonly known as SCARE. Mrs. Smith has Wednesday, July 18, 2001 part to a miracle, but also due to George’s served SCARE as Director of the Sixth Dis- fighting spirit. trict, Second Vice President, First Vice Presi- Mr. TRAFICANT. Mr. Speaker, today I Four years ago, George an avid cyclist from dent, and President. She also served as the would like to recognize the determination and Golden, Colorado, was riding in a race in historian of SCARE, and wrote the first history perseverance of the Falun Dafa, a peaceful Santa Fe, New Mexico when a drunk driver of this Association. movement seeking freedom to think as they crashed into him at seventy miles per hour. It Mrs. Smith has received much recognition wish and believe as they choose. was a miracle that George was still alive when for her contributions to the Marion County But freedom they cannot have, as long as his wife, Luann, was rushed to his side in the community. She was honored with three out- the Chinese-dictatorship government remains emergency room. Luann’s training as a phys- standing service awards from the SCARE As- strong; i.e., as long as the rest of the world is ical therapist alerted her to the immediate con- sociation, was the recipient of the Betty Moore willing to ignore the pervasive human rights clusion that there would be severe brain dam- Award, and was presented with two awards abuse ongoing throughout China. age, when she noticed that George’s right from the South Carolina House of Representa- The Chinese government is ‘‘cracking hand was clenched in a fist. The severity of tives in recognition of her contributions to the down,’’ i.e., executing as many followers they the damage would be unclear until George election process. can capture, while much of the rest of the woke up from his coma. Doctors predicted that Mr. Speaker, I ask you to join me today in world looks the other way. Unbelievably, the George would never walk again, and that his honoring Helen H. Smith for her many years world even awards China as host of the 2008 mental capacity would be diminished. George of service to her community and for her signifi- Olympic Games—Games meant to celebrate rejected this prognosis, and has gone through cant contributions to the South Carolina elec- life and the human spirit. China celebrates nei- numerous types of therapy to achieve his new tion process. I wish her the happiest days in ther; rather, China bathes in blood. As Am- goal, to ride in a 100-mile bike tour again. a well-deserved retirement. CONGRESSIONAL RECORD — Extensions of Remarks E1355 REGARDING THE ANNIVERSARY will always be remembered for his service to RECOGNIZING DR. J.R. TURNER, OF CHERRY v. MATHEWS the community and should be looked at as a TROUP COUNTY, GEORGIA role model to our society. As such, Jerry and HON. CYNTHIA A. McKINNEY his family are more than worthy of receiving HON. BOB BARR OF GEORGIA our recognition today. On Friday, July 20, OF GEORGIA IN THE HOUSE OF REPRESENTATIVES Jerry will be recognized for his lifelong con- IN THE HOUSE OF REPRESENTATIVES Wednesday, July 18, 2001 tributions with his interment at Arlington Na- Wednesday, July 18, 2001 tional Cemetery. I hope all of my colleagues Ms. MCKINNEY. Mr. Speaker, July 19 is the Mr. BARR of Georgia. Mr. Speaker, a half- will join me in remembering and honoring the century of being on call 24 hours a day, seven 25th anniversary of U.S. District Court’s land- life of this remarkable man. mark decision in the infamous case known as days a week, is about to come to a close for Dr. J.R. Turner, of Troup County, Georgia. Dr. Cherry vs. Mathews. This historic ruling has f paved the way and established equal and just Turner’s resume could boast of 2,500 baby deliveries, never losing a mother, never being civil rights for America’s disabled citizens. 25 HONORING ELMER JOHNSON FOR years ago, disabled Americans did not have sued, and countless house calls. HIS WORK WITH COLORADO Raised in Gay, a small community in access to many federal buildings, schools, LEADERSHIP public transportation, and voting booths. Meriwether County, Georgia, Dr. Turner grew An undue burden was placed upon citizens up on a farm and was destined to go into agri- with disabilities, and they were not treated with HON. SCOTT McINNIS culture, until a discussion with a medical stu- the respect, courtesy, and equal opportunity dent encouraged him to shift gears and go that all Americans should be afforded. OF COLORADO into medicine, ‘‘because he could borrow money for school.’’ Not only were the finances Dr. James L. Cherry, a Georgian, led the IN THE HOUSE OF REPRESENTATIVES fight to insure that disabled-citizen rights were appealing, but he felt being a doctor he could acknowledged and protected. Dr. Cherry’s suit Wednesday, July 18, 2001 be his own boss, which is something he al- against the Department of Health, Education, ways wanted to do. and Welfare brought about not only changes Mr. MCINNIS. Mr. Speaker, I stand here During his junior year in college he enrolled through the courts; it renewed and confirmed today to honor and remember Elmer A. John- in a Navy program that paid for his tuition, in our Nation’s belief that equal opportunity is a son, who gave of himself throughout his life to return for two years of service after completing unalienable right for all. serve his country and the citizens of Colorado. medical school. Dr. Turner graduated from the I would like to thank Dr. Cherry for his cour- Elmer, a true patriot, was a man blessed with Medical College of Georgia in 1944, and in- age, commitment, and foresight. As we ob- outstanding business and leadership skills. His terned at Egleston Children’s Hospital in At- serve the 25th anniversary of Cherry vs. Mat- presence will surely be missed. lanta. The end of medical school saw Dr. Turner hews, we are all reminded that our great na- Elmer was a devoted husband and father serving his time for the Navy, stationed in tion was built upon a foundation of principles who was married to his wife, Philomena Guam, and working in a leper colony. He and equality and that has been sustained by Mancini, for fifty years until she passed away. started his private practice in July 1947 in the ideals of opportunity and justice. He gave his wife, his son, Robert, and his two Greenville. During that time he met and mar- f granddaughters much to be proud of. ried Dorothy Allen; they had 11 children and A TRIBUTE TO GERALD JOSEPH In 1941, his patriotism drove him to enlist in were married for over 50 years, until her RENUART, A MAN THAT HAS the Army Air Forces, where he rose in rank to death. GIVEN SO MUCH TO HIS COMMU- serve as master sergeant in the China-Burma- The year 1950 saw the opening of Dr. Turn- NITY India theater during World War II. It was fol- er’s LaGrange office, and soon afterwards his lowing the war that he began running his fa- purchase of an EKG machine. He took time HON. E. CLAY SHAW, JR. ther-in-law’s printing business and editing a away from his practice to attend Harvard Med- weekly newspaper. ical School for EKG training, and in 1953 stud- OF FLORIDA ied internal medicine at Grady Hospital in At- IN THE HOUSE OF REPRESENTATIVES Then, in 1958, he was elected for the first lanta. Wednesday, July 18, 2001 of three times to the Colorado State House. Dr. Turner served as Chief of Staff at West Mr. SHAW. Mr. Speaker, I rise today to He earned a distinguished reputation with Georgia Medical Center twice, and has also honor the late Gerald J. Renuart for his tre- those who knew and worked with him there, served on its board of directors. He rep- mendous contributions during his lifetime. including former state Rep. Wayne Knox resented Troup County as a delegate to the Born in Coral Gables, Florida, Jerry re- whom The Denver Post quotes as saying, ‘‘He Medical Association of Georgia. ceived a business degree from the University was a very well-respected, reasonable, mod- His free time from now on will be spent of Miami and a masters degree from Nova erate legislator,’’ and ‘‘a nice guy, a very good hunting, fishing, and just plain doing nothing. University. guy.’’ Elmer had the honor of chairing the Thank you, Dr. Turner for the countless years Jerry, a retired Naval officer, held the posi- House Finance Committee and served on the of service you have given to the folks of Troup tions of Town Clerk and Manager in Surfslde, Joint Budget Committee as well as on the County and surrounding area, and for the Florida for nine years. He then became City Legislative Council. thousands of lives you have brought into the world. Administrator for Lighthouse Point, Florida, a His drive to serve others didn’t stop there, f position he successfully held for 23 years. however. In 1963, he began working as Man- Jerry was past president of the American So- ager of Revenue and Director of Budget and INTRODUCTION OF LEGISLATION ciety of Public Administrators and Municipal Management for the City of Denver. He also TO REQUIRE FEDERAL AGENCIES Finance Officers of America, and received a served on the Executive Board of the Colo- TO IDENTIFY AND RECOVER ER- special award from Jimmy Carter for out- rado Municipal League and became president RONEOUS PAYMENTS MADE TO standing service to the community and nation. in 1970. Incredibly, he also found time to CONTRACTORS In addition to his outstanding community serv- serve as a board member of the Regional ice, Jerry spent 25 years in the Boy Scouts of Transportation District, and as a member of HON. DAN BURTON America as Scoutmaster for state and national the Sons of Norway. In addition, his leadership OF INDIANA Jamborees, round table commissioner, and stretched to serving for a term as the Inter- IN THE HOUSE OF REPRESENTATIVES district chairman. He was honored with the Sil- national President of the Municipal Finance ver Beaver Award, scouting’s highest honor, Wednesday, July 18, 2001 Officers of the United States and Canada. earlier this year for his dedication to scouting. Mr. BURTON of Indiana. Mr. Speaker, today Jerry’s accomplishments did not end there. Mr. Speaker, Elmer Johnson was a distin- I am introducing the ‘‘Erroneous Payments He was also a devoted husband of 40 years guished veteran, a devoted father and hus- Recovery Act of 200l.’’ This bill would require to the former Maureen Geller and devoted fa- band, and a selfless leader. Today, I would Federal departments and agencies to use a ther to his children. like to pay him tribute on behalf of Congress process called recovery auditing to identify Mr. Speaker, Gerald Renuart devoted his for his lifelong dedication and honest leader- and recover overpayments made to govern- life to serving his community and nation. He ship to the people of the United States. ment contractors. E1356 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 Overpayments occur for a variety of rea- 20 years. It is my hope that anyone in this the ‘‘General’’ and Jim as the ‘‘Colonel’’— sons, including duplicate payments, pricing er- Chamber who has been blessed with the gift one of the first things the young, green cam- rors, missed discounts, and fraud. They are of a loyal and devoted friend will appreciate paign workers learned was that you didn’t mess with those two. They were the ‘body payments that should not have been made or the sentiments expressed in the following eu- guards’ and Big Guy’s confidantes. They that were made for incorrect amounts. They logy given at the memorial service for Bob by were to be feared in a respectful way. are a serious problem. They waste tax dollars my long-time district aide and close friend of Jim remembers the first time he met Bob and detract from the efficiency and effective- Bob and Elvi Priddle, Becky Muscoreil. over the fence that separates their back ness of Federal operations by diverting re- IN MEMORY OF BOB yards. And within minutes, Bob had him sources from their intended uses. We are gathered here this morning not to joining the Jaycees and working with him on Since most agencies do not identify, esti- mourn, but to celebrate the life of our friend, the campaigns. He was convincing and com- mate and report their improper payments, the husband, father, grandfather, brother, uncle, pelling and it was always difficult to say full extent of the Federal government’s over- cousin, nephew, Robert Bruce Priddle. We ‘‘no’’ to him. Jim said that ‘‘life was never payment problem is unknown. However the are here to share wonderful memories with the same after meeting Bob’’—on that, we can all agree. General Accounting Office has reported that each other that will help sustain us in the each year the Department of Defense alone days ahead and to hold onto him, each in our As you know, Bob was very active locally and nationally in the Jaycees and the Jaycee overpays its contractors by hundreds of mil- own way. I know I cant hold a candle to Senate—there were years when we always lions of dollars. Bob’s oratorical ability to tell great stories, the way he could keep you spellbound and had to refer to him as ‘‘Senator.’’ He joined My bill would require Federal agencies pro- believing every word until, with a perfectly curing more than $500,000,000 in goods and Jim Pries recalled an interesting trip straight face, he would lay it on you and you to a Jaycees convention in Atlanta in services each year to carry out recovery audit- would realize you’d been totally taken in, ing programs. Agencies could either conduct bamboozled. But I will try my best to draw 1971 to which he and Bob and John La- recovery audits in-house, or they could use a picture of this fine man who we all loved so Falce traveled together. Bob decided to private contractors, whichever is most efficient. much because he gave so much of himself to take his camper-trailer to save on their Part of the money recovered would be used to us. Thank you, Elvi, for giving me this honor hotel costs, but unfortunately, when pay for the recovery audits and to credit ap- today. they arrived at their destination, the Bob was born on September, 23, 1931 on camper blew over and they couldn’t get propriations accounts from which the erro- Crowley Avenue at his parents’, Robert (a neous payments were made. Amounts recov- it upright. John said not to worry, he salesman) and Genevieve’s home. They had a friend in the area who was a ered would also be used by agencies to im- moved to Grant Street in Lockport, where priest and he would call him to see if prove management practices and would be re- Bob’s Dad passed away in 1935, shortly after funded to the General Treasury. Donnalee was born. Then his mother moved he could help find them a place to stay. In the last Congress, the Congressional Bob and Donnalee to North Buffalo and Lo and behold, the priest welcomed Budget Office estimated that the ‘‘Erroneous about 5 years later married Orvard Seeburg them to stay at a local convent over- Payments Recovery Act’’ would save tax- when Bob was 9. Bob attended Kensington night and you can only imagine how High School (this is where he met the love of payers $100 million per year by giving agen- much fun Bob had with that story. He his life, Elvi Hirvela in geometry class) but told them he couldn’t wait to get home cies the tools and the incentive to implement dropped out to join the Navy in his senior recovery auditing programs to detect mistaken and tell his strict, Baptist mother year. He served as an electrician on the com- where he had spent the night. payments. The bill passed the House in March munications ship, USS Mount Olympus and of 2000, but it stalled in the Senate and didn’t traveled to the Mediterranean region and Every person in this room today, in make it to the President’s desk for his signa- Cuba at the remembering their relationship with ture before Congress adjourned. After the Navy, Bob returned home and Bob, has a story to tell that will make Recovery auditing is an established private courted Elvi and they were married at Elvi’s us laugh and shake our heads know- sector business practice with demonstrated fi- mother’s home on April 17, 1954, Bob was 22 ingly, saying, ‘‘yep, that was the Bob and Elvi claims she was 12 or so. Karen was nancial returns. It has also been successfully we knew’’ with that devilish grin and a born in 1955 and Sue and Sandy in 1958. Bob sparkle in his eyes that couldn’t help used in a few Federal programs. Also, Presi- went back to night school to complete his dent Bush has identified reducing payment er- high school education and began working at but draw us to him. Over the past few rors as one of a series of management re- Schuele & Co. in their warehouse, but his days, I’ve collected a few of these sto- forms to be pursued by the Office of Manage- talents were soon recognized and he was pro- ries that epitomize the character and ment and Budget. moted to sales where he remained for about personality of this wonderful man we The ‘‘Erroneous Payments Recovery Act of 7 years until he moved on to work for Cook will never forget. 2001’’ would expand the Federal government’s & Dunn and after that as an assistant sales Karen remembers when she was manager at MacDougal & Butler. Later, he use of recovery auditing to ensure that the about 14 or 15 and babysat for one of joined up with his uncle and became man- hundreds of millions of dollars overpaid each ager of McCorney’s Decorating Center in Bob’s Jaycee friends, David Shenk, on year, that would otherwise remain undetected, Lockport. Prior to his retirement in 1991, he Parkhurst Blvd. She came home about are identified and recovered. worked for Ellicott Paint and Wallpaper. 3 a.m. and went to her room to get I urge my colleagues to cosponsor this leg- I think we will always remember Bob’s ready for bed and as was her habit, islation. captivating charm and when you added that shut and locked her door. When she to his uncanny sales ability, he would have f tried to open it to go to the bathroom, made a great politician. But instead, he be- the door handle just kept turning IN MEMORY OF BOB PRIDDLE came involved in politics when he met his around and around and she couldn’t get match, John LaFalce, through the Jaycees. Bob was a Democrat of the Roosevelt/Tru- out. She started banging on the door HON. JOHN J. LaFALCE man/Kennedy legacy and he devoted himself and yelling ‘‘Mom, Dad, help, I can’t OF NEW YORK to John’s campaigns, giving all the time he get out’’ and after a few minutes both IN THE HOUSE OF REPRESENTATIVES could to ensuring John’s first election to Elvi and Bob came to her door and state office and on through the early Con- tried and tried to open it from the out- Wednesday, July 18, 2001 gressional campaigns. He drove John to the side without success. Finally, Bob de- Mr. LAFALCE. Mr. Speaker, I would like to ends of the district and eventually learned cided the only thing he could do was to share with you and my colleagues a very spe- the locations of every bowling alley, bingo go and get the ladder and either get hall and fire hall in four counties. He and Karen out through the window or at cial remembrance of a dear personal friend of Jim Pries would be up and out by 5 a.m. or mine, Robert B. Priddle, who passed away on earlier every election day putting up poll least get in and try to get the door April 13, 2001. I had known Bob Priddle for signs, checking on voter turnout and crunch- open from the inside. So here it was, nearly 30 years; his wife, Elvi Hirvela Priddle, ing numbers after the polls closed. During about 4:30 in the morning, Karen opens was my district secretary in Buffalo for nearly those early campaigns, Bob was known as her window and Bob is climbing up the CONGRESSIONAL RECORD — Extensions of Remarks E1357 ladder and Karen starts shouting out March 17, 1998. She remembers the first Council’s success. I am encouraged by her the window ‘‘Hurry before my father year he was there and was still pretty determination and willingness to help others hears you.’’ In a very low and quiet mobile and managing to get to the far and would like to take this moment to honor voice, he said ‘‘shut up’’ trying hard corners of the building in his wheel- her. not to break out in laughter so as not chair. He happened upon a new mainte- Florence is a long-time resident of Cowdrey, to wake up the neighbors. But I seri- nance man and struck up a conversa- Colorado. After her husband passed away, ously doubt he could hold it in. Kind of tion asking him how long he had been Florence came to rely on the community’s reminds there, where he was from, etc., per- senior citizens’ OATS van, which provides al- In 1985, when Kristen was born, fectly normal for Bob. Then he said to ternative transportation for those who request Sandy was in Kenmore Mercy Hospital the man, ‘‘Do you know what my job is its aid. and at that time, they still had strict here?’’ And the maintenance man visiting hours for maternity. But as we Mr. Speaker, the contributions that Florence looked at him kind of funny since he has put forth certainly deserve the praise and all know, that wouldn’t stop Bob from was quite sure he was a patient, but visiting his daughter and grand- admiration of this body. Florence has made was kind enough to go along with him significant monetary contributions annually to daughter. He walked up to the front and said, ‘‘No, what do you do?’’ Bob desk and gave Sandy’s name and when the service and also offers sizable increases said, ‘‘I am the elephant chaser.’’ The to the usual fee for each ride that she takes. he was advised visiting hours were man, a bit perplexed, answered, ‘‘Oh, over, he announced that he was Mrs. Her notable acts of selflessness have bol- really?’’ and Bob replied, ‘‘Well, you stered the OATS van and have ensured its McInerney’s pastor and of course, was don’t see any elephants around here, do allowed right in. Only Bob could get consistent availability to the senior citizens of you?’’ away with that, with a straight face, Jackson County. All of us who knew and loved Bob re- no less. It is with great pleasure, Mr. Speaker, that alized that patience wasn’t exactly one One of Sue’s favorite stories from her I congratulate Florence Hoffman on being of his primary virtues. When he Was in Grandmother Seeburg was from Bob’s named the 2001 Senior of the Year by the Buffalo General Hospital in January of childhood. He was about 6 years old Jackson County Council on Aging. I would like 1998, he needed a nurse, but when he and came home early from school one to say thank you for the donations made to rang the buzzer a few times, no one day. When his mother asked him why the service, which the entire elderly population came. So he picked up the phone and he was home so early, he claimed that in the area depend so much upon. We are dialed ‘‘911’’ and told them they had the store across the street from the proud of you, Florence! school burned down and they let all the better hurry up and get a nurse in there for him. kids leave early. Mrs. Priddle’s sus- f picions led her to walk over to the vi- One time when Bob and Joe met at cinity of the school where, of course, Brighton Golf Course, they teed up on TRIBUTE TO NANCY G. BACA ON she noticed the store in question was the first hole, a par four and Bob hit THE OCCASION OF HER RETIRE- still intact. We probably don’t want to one heck of a swing but unfortunately, MENT know what happened when she re- hit the maintenance barn, way too far turned home. But at least we now have to the right. He was a little disturbed, a better understanding of the early de- but set up another ball and swung and HON. JOE BACA velopment of Bob’s storytelling ability. again hit the barn. He started saying OF CALIFORNIA One of Elvi’s favorite stories is about some very bad words about the golf IN THE HOUSE OF REPRESENTATIVES a cold winter morning when Bob was balls he was using, but teed up for a working at McCorney’s in Lockport third time and this time hit over the Wednesday, July 18, 2001 and had to be there early to open up for barn and into the parking lot. He Mr. BACA. Mr. Speaker, I rise to salute business. But he went out to start his turned to Joe and said, ‘‘I probably Nancy Baca, of Barstow, on the occasion of car and found the battery was dead. He should have had that second Manhat- her retirement on July 3, 2001. Nancy has had came back in the house and called Tri- tan to straighten out my swing.’’ a distinguished career of outstanding service, ple A and was told it would be at least I think it is safe to say we are all spanning 34 years at the Marine Corps Logis- an hour or more before they could get better for having known this loving, tics Base at Barstow, California, for which she to him. He told the dispatcher, ‘‘Look, kind, funny and loyal man who was so has received 13 awards and promotions. you’ve got to help me out here, I devoted to his family and friends. Elea- These awards recognize her skill and acumen stayed overnight at my girlfriend’s nor Roosevelt once said, ‘‘Many people at accounting, express appreciation of her house and her husband is going to be will walk in and out of your life, but hard work and extra efforts, and salute her no- home any minute.’’ The poor fellow on only true friends will leave footprints table achievement of saving money and pro- the phone was overcome with sym- on your heart.’’ Throughout the rest of moting efficiency at the Base. pathy for the situation and needless to our days, may we always have Bob Through her overtime, persistence, and re- say, a truck was in the driveway in a Priddle’s footprints on our hearts. lentless pursuit of cost-effectiveness, Nancy matter of minutes. Bob arrived at work with time to spare and probably pretty f has contributed to saving the Base from clo- sure. The Base plays a pivotal role in the proud of himself for such a coup. HONORING FLORENCE HOFFMAN For those of you who know Kate, one community of Barstow, as an employer and a of Bob and Elvi’s two lovely grand- resource, so we should all be grateful to daughters, you may know she has be- HON. SCOTT McINNIS Nancy and others who have worked to strive come somewhat of a connoisseur of OF COLORADO for excellence. French onion soup, thanks to her IN THE HOUSE OF REPRESENTATIVES This is not just about protecting a commu- grandfather. It seems that one evening nity, this is about standing up for the vital in- Wednesday, July 18, 2001 at dinner at Cameo’s when Kate was terests of our nation, for the Marine Corps Lo- about 8 years old, Bob had ordered the Mr. MCINNIS. Mr. Speaker, I am proud to gistics Base at Barstow is essential for testing French onion soup and it had lots of honor Florence Hoffman on receiving the and repairing vehicles for the Marines. Bar- cheese on top. Kate Jackson County Council on Aging 2001 Senior stow has special equipment, including water Donnalee has visited many times of the Year Award. Florence’s giving heart and immersion facilities, to ensure that when a ve- since Bob was admitted to McAuley on gentle spirit have been instrumental in the hicle leaves the facility, it is in fighting shape E1358 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 for the mission that lies ahead. As a veteran complishments as an educator and interim To reverse this trend, today we are intro- who has worn the uniform of the United president at Middle Tennessee State Univer- ducing legislation that will help make Puerto States, I can attest to the peace of mind that sity. Dr. Smith will end his outstanding career Rico more attractive to investors. Our bill sim- comes from knowing our nation has the finest in the higher education arena on August 1 ply states that if you invest in Puerto Rico in- Logistics facilities of any fighting force. For ul- when he retires. stead of in a foreign country, you may bring timately, the battle is won as much by dedi- Dr. Smith is an MTSU alumnus who came cated workers like Nancy as it is by the labors home to finish his career. After 37 years as an your profits back into the U.S. at a preferred of the soldier in the field. administrator and educator at the University of tax rate. This will not only help Puerto Rico di- Nancy’s story is about working hard, over- Memphis, Dr. Smith agreed to guide MTSU rectly, but it will also help the American econ- coming impoverished circumstances, seeking through a period of adjustment while the omy by returning profits to the U.S. where to better oneself and one’s family by embrac- school sought a permanent president. Dr. they can be invested in other job creating ac- ing opportunities. It is the story that many indi- Smith took the helm at MTSU on October 1, tivities. viduals of my generation have embodied, in- 2000. deed, one my own family experienced growing Dr. Smith, who grew up next door to the In 1993 Congress imposed significant re- up. It is the process by which our nation re- Murfreesboro, Tennessee, university in neigh- strictions on the value of these tax incentives news itself. It is about the dedication and hope boring Wilson County, received his under- to raise more than $3.7 billion in revenue to of parents, about their striving for a better graduate degree from MTSU in 1957. He went help balance the federal budget. In 1996, Con- world for their children. It is about education on to receive his master’s degree from the gress approved a ten-year phase-out of what and hard work. It is about the Latino experi- University of Memphis and his doctorate from remained of these provisions (section 936 and ence. the University of Mississippi. Dr. Smith also section 30A of the Internal Revenue Code) to Born on February 14, 1938, and raised in has authored numerous publications. offset more than $10 billion in the cost of fed- Valencia, New Mexico, in a very poor family of During his short but productive tenure at 10 children, Nancy moved to Barstow, Cali- MTSU, Dr. Smith kept the university of 19,000 eral tax benefits enacted to alleviate the im- fornia, in 1954, when her father came to Bar- students on a steady course. He made sure pact of the increase in the minimum wage. stow to work on the Santa Fe Railroad. Nancy gains continued in the school’s highly touted This legislation is Puerto Rico’s best oppor- graduated from Barstow High School in 1957, academic programs, and his leadership helped tunity to participate in the tax reduction meas- married Morris Baca, began a family, and MTSU’s athletic department earn the Sun Belt ures that Congress enacted earlier this year. started in 1966 as a GS II/Keypunch Operator Conference’s top award for excellence—the Puerto Rico helped reduce the budget deficit. at the Marine Corps Logistics Base, in Bar- Vic Bubas Cup—after just one year in the con- It is now time for the U.S. citizens of Puerto stow, California. She took accounting classes, ference. Rico to benefit from the budget surplus. ultimately playing a key role in the accounting The entire MTSU community has profited and budgetary operations of the base. from Dr. Smith’s stewardship. I congratulate f Through it all, Nancy has been a dedicated Dr. Smith for his outstanding career in higher parent of four children: Yolanda Minor, Berna education and wish him the best in his future HONORING JIM SAMUELSON Hawkins, Anthony Baca, and Anita Lo. For endeavors. years she accompanied her children to base- f ball practice, judo matches, girl scouts. Her HON. SCOTT McINNIS children have gone on to great success, com- INTRODUCTION OF ECONOMIC pleting schooling, and pursuing careers that REVITALIZATION TAX ACT OF 2001 OF COLORADO span the courts, health care, and other IN THE HOUSE OF REPRESENTATIVES Throughout her labors, Nancy has found HON. PHILIP M. CRANE time to travel the world, visiting Germany, OF ILLINOIS Wednesday, July 18, 2001 France, Italy, Spain, and our Nation’s Capitol. IN THE HOUSE OF REPRESENTATIVES She wants to take some short cruise trips, Wednesday, July 18, 2001 Mr. MCINNIS. Mr. Speaker, today I would now that she is retired, and become more in- Mr. CRANE. Mr. Speaker, today I am proud like honor a man whose contributions should volved in exercise activities. One can tell that to introduce with my colleagues the Economic be looked upon as an inspiration to all. James there is no slowing Nancy down—she is still Revitalization Tax Act of 2001. This legislation Samuelson, longtime resident of Glenwood taking the world by storm! is designed to revitalize one of America’s most Springs, recently passed away. James served Mr. Speaker, this is the promise of America, important economic partners. The Common- in World War II, flourished as co-editor and that the daughter of a railroad man can serve wealth of Puerto Rico, home to 3.9 million publisher of The Glenwood Post, volunteered our nation with distinction and see the rolling U.S. citizens, purchases over $16 billion a hills of Europe, the sunset over the Seine, the in his community, and gave his time and con- year in goods and services from the rest of canals of Italy, the dusty villas of Spain. She tributions to help those in countries less fortu- the United States. A strong economy in Puerto can gaze at the panorama of our Nation’s cap- nate than our own. ital, and marvel at its monuments. She has the Rico helps generate over 320,000 jobs in the U.S. mainland. As we mourn his passing, Jim will be re- freedom that is the birthright of every Amer- A strong Puerto Rican economy should be membered for his dedicated service with the ican, freedom she has helped preserve in her important to all of us. We need to recognize Army Medical Corps during World War II. Dur- work at Barstow! And so, I wish Nancy many fine years of ac- that since October of 1996 manufacturing em- ing his committment, Jim served in many tive retirement, and the joy that comes through ployment in Puerto Rico has declined by places including North Africa, Sicily, and Italy. bringing in the harvest of one’s labors. I wish 16,000 jobs, a drop of over ten percent. No After the war, Jim pursued his journalism ca- her golden sunsets with her children, lazy other U.S. jurisdiction has lost manufacturing reer where he used his skills working as co- days with her grandchildren and great grand- jobs at such a high rate. In calendar 2001, a editor and publisher of The Glenwood Post children, and all good things in life. I wish her growing number of American companies, in- with his brother, John, until 1966, after which God’s blessings and good wishes on this fine cluding Intel, Coach, Sara Lee, Phillips Petro- he earned his Masters of Education from the leum, Star Kist and Playtex have announced occasion. We are all proud of you, we all sa- University of Wyoming. lute you, as you embark on this new and ex- that they will close or reduce operations in citing chapter in your life. Puerto Rico. This will entail a loss of more Thoughout his life, Jim enjoyed many f than 8,700 additional direct jobs. These jobs activies such as skiing, fly fishing, and playing are being lost to foreign competitors. sports. He also was an active volunteer with HONORING THE DISTINGUISHED Puerto Rico’s main competitors enjoy signifi- the Lions Club, American Legion, and the CAREER OF GENE SMITH cant advantages. For example, Singapore, Mountain View Church. As we remember his Malaysia and Mexico have significantly lower life, let us not forget Jim’s efforts to aid those HON. BART GORDON wages and fringe benefits. Ireland enjoys low less fortunate living in foreign countries where OF TENNESSEE transportation costs and duty-free access to he helped establish medical clinics for the un- IN THE HOUSE OF REPRESENTATIVES the European Market. Malaysia and Mexico Wednesday, July 18, 2001 not only have much lower wage costs but derserved in both Haiti and Mexico. Mr. GORDON. Mr. Speaker, I rise today to have less stringent environmental, health, For 55 years, Jim was married to his won- congratulate Dr. Gene Smith for his many ac- safety and welfare standards. derful wife, Marilyn. Together, he and Marilyn CONGRESSIONAL RECORD — Extensions of Remarks E1359 raised a daughter and five sons, and were the do this out of principle, we should do it out of not mean, however, that prisoners have no proud grandparents to fourteen and great- self-interest. What is good for Puerto Rico is right to safety and medical care. Poor medical grandparents to two. He and Marilyn enjoyed good for the United States. More and better care is not punishment, it’s a denial of funda- traveling to such places as Europe, Israel, and jobs in Puerto Rico mean more payroll taxes mental rights. Turkey, making their last trip just three years paid into our Treasury and more jobs in the I urge my colleagues to vote in favor of the ago. U.S. mainland. DeGette amendment. It is with this, Mr. Speaker, that I honor Jim f f Samuelson for his many contributions through- out his life. His formidable efforts deserve the PERSONAL EXPLANATION HONORING PUEBLO COUNTY praise and admiration of us all. His service to SHERIFF’S DEPARTMENT his community, and to those less fortunate, is HON. MAJOR R. OWENS something that we should all seek to emulate. OF NEW YORK HON. SCOTT McINNIS I know I speak for everyone who knew Jim IN THE HOUSE OF REPRESENTATIVES OF COLORADO when I say he will be greatly missed. Wednesday, July 18, 2001 IN THE HOUSE OF REPRESENTATIVES f Mr. OWENS. Mr. Speaker, because I was Wednesday, July 18, 2001 ECONOMIC REVITALIZATION TAX unavoidably detained, I missed the following Mr. MCINNIS. Mr. Speaker, I would like to ACT OF 2001 rollcall votes: take this opportunity to honor the Pueblo Rollcall vote No. 229—S. 360; rollcall vote County Sheriff’s Department for its dedicated HON. CHARLES B. RANGEL No. 230—H. Res. 195; rollcall vote No. 231— professional service. Recently, the Department OF NEW YORK H.J. Res. 36 and rollcall vote No. 232, final received the highest award given by the Na- IN THE HOUSE OF REPRESENTATIVES passage of H.J. Res. 36. tional Sheriff’s Association, the Triple Crown Had I been present, I would have voted Accreditation. In recognition of this award, I Wednesday, July 18, 2001 ‘‘yea’’ on rollcall vote 229; ‘‘nay’’ on rollcall ask my colleagues to join me in honoring them Mr. RANGEL. Mr. Speaker, I have joined a vote 230; ‘‘yea’’ on rollcall vote 231, and ‘‘nay’’ for their remarkable service. number of colleagues today as an original co- on rollcall vote 232. The Commission on Accreditation for Law sponsor to a very important piece of legisla- f Enforcement Agencies, Inc, awarded the Sher- tion, the Economic Revitalization Tax Act of iff’s Office this prestigious accreditation. The 2001. This legislation will provide an incentive DEPARTMENTS OF COMMERCE, honor was given after a process of ‘‘thorough, for U.S. companies that have international op- JUSTICE, AND STATE, THE JUDI- agency-wide self-evaluation’’ in addition to ‘‘an erations to invest in Puerto Rico, instead of in CIARY, AND RELATED AGENCIES exacting outside review’’ by an independent competing foreign countries, and to bring their APPROPRIATIONS ACT, 2002 team of assessors. The Pueblo County Sher- profits back to the United States. Under this iff’s Department self-evaluation showed an ef- legislation, these U.S. companies will be able SPEECH OF ficient operation and respect among staff, to lend or invest in the United States most of HON. STEPHANIE TUBBS JONES while the impartial committee observed the their profits from their Puerto Rico operations OF OHIO same excellence from the outside. The Sher- free of tax to their U.S. parents, or, in the al- IN THE HOUSE OF REPRESENTATIVES iff’s Department was also commended for its ternative, to repatriate dividends with the ben- compliance with Standards for Health Services efit of an 85 percent dividends received de- Tuesday, July 17, 2001 in Jails. duction. The House in Committee of the Whole The requirements to pass the assessment This legislation is necessary to protect the House on the State of the Union had under for the Triple Crown Accreditation Award are over 320,000 jobs in the U.S. mainland that consideration the bill (H.R. 2500) making ap- so stringent that only 33 organizations in the depend upon a strong Puerto Rican economy. propriations for the Departments of Com- world earned all three accreditations. Sheriff Historically, economic growth in Puerto Rico merce, Justice and State, the Judiciary, and Dan Corsentino rightfully shows pride in his has paralleled or exceeded that of the United related agencies for the fiscal year ending organization in saying, ‘‘We are a professional States. Since 1996, however, economic September 30, 2002, and for other purposes: organization, we are a united organization, we growth rates in Puerto Rico have averaged 21 Mrs. JONES of Ohio. Mr. Chairman, over are an organization that plans, and we are an percent less than in the United States. The di- the past decade, the number of women in the organization that is worthy of the Triple Crown vergent paths of the U.S. and Puerto Rico Federal Prison system has grown by 182 per- Accreditation that was awarded to us . . . in economies since 1996 would be even more cent, compared to 152 percent for men. Prison Ft. Lauderdale, Florida.’’ dramatic were it not for the fact that Puerto has never accommodated the needs of As you can see, Mr. Speaker, the Pueblo Rico has received over $4 billion of private in- women prisoners well. And while health care County Sheriff’s Department has set an exam- surance and FEMA disbursements as a result available to low-income women is poor, ple for other corrections offices throughout the of Hurricane Georges. women in prison face terribly inadequate med- world to follow. In every sense, the people of Puerto Rico is a vital member of the Amer- ical care. this department are the embodiment of all the ican family. The new administration of Gov- Although all women in federal prison receive best in law enforcement and they deserve our ernor Sila Maria Caldero´n, is continuing the vi- annual OB–GYN exams, the ban on federal praise and admiration. My thanks to them for sion of a prosperous Puerto Rico originated by funds for abortion services is a direct assault a job well done. the legendary Luis Munoz Marin. She is imple- on women’s reproductive health care. There f menting a coherent development plan that will are many reasons why women decide not to make that vision a reality. Governor Caldero´n bear children. Abortion has been a legal HONORING THE COMMUNITY SERV- understands that reform of the Commonwealth health option for women for almost 30 years. ICE OF REV. ROYAL J. GARDNER government and its economic development But because women in federal prison are policies are necessary for Puerto Rico’s eco- more likely to be poor and minority, the ban HON. JOHN W. OLVER nomic development. She is doing this in close prevents these women from controlling their OF MASSACHUSETTS collaboration with business and community own bodies. IN THE HOUSE OF REPRESENTATIVES leaders in Puerto Rico. Women who are able to pay for abortion Success in Puerto Rico requires action in may use their own funds to do so, however, Wednesday, July 18, 2001 Washington as well. The negative impact of jobs available to prisoners pay at a rate of 23 Mr. OLVER. Mr. Speaker, I rise today to ask the loss of federal tax provisions to offset cents to $1.15 per hour. This means that in- my colleagues to join me in paying tribute to Puerto Rico’s disadvantages is becoming mates make anywhere from $4.80 to $16 per the Reverend Royal J. Gardner, who on June painfully evident. New federal tax incentives week. At this rate, very few inmates are able 7, 2001, celebrated his 50th anniversary of his are a vital part of what is needed to bring to make enough money to pay for an abortion. ordination to the priesthood. Puerto Rico back to a dynamic economic de- The ban on the use of federal funds effectively Since 1989, Reverend Gardner has faithfully velopment path. forecloses their opportunity to obtain these served as the parochial vicar of Sacred Heart The U.S. citizens in Puerto Rico deserve health services. Parish in Pittsfield, MA. Reverend Gardner and expect this Congress to join them in an Imprisonment is a necessary punishment continues to have unwavering dedication and effort to revitalize their economy. If we do not when the law is broken. Imprisonment does complete devotion to the many communities E1360 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 and thousands of families he has served over [From the Omaha World Herald, July 7, 2001] John Rivas told Loretta Sword, of The Pueblo the years. I am proud to know of the accom- CHANGE IN ESTATE TAX WOULD HURT MANY Chieftain, ‘‘He was the godfather of it all, you plishments of Reverend Gardner over the last (By Gary L. Maydew) might say, and he was always there to help 50 years and wish him many more years of The new tax bill gradually raises the ex- me if I had a problem or a situation I didn’t service. emption from estate taxes from the current have a handle on.’’ His initiative helped ensure Mr. Speaker, please join me in honoring the $675,000 to $3.5 million by the year 2009. The that the Dutch Clark Stadium had the financial community services of Rev. Royal J. Gardner. estate tax is then scheduled to be repealed and community support necessary to be built. for the year 2010 (through only for one year). I am including for the CONGRESSIONAL RECORD Also, he made certain that the annual All-Star So the new law is much better for estate games were properly organized when they a copy of a recent article that appeared in the holders in Nebraska and Iowa who hold a lot Berkshire Eagle on June 16, 2001, that details of appreciated farmland, right? were in Pueblo, and that everything went his extraordinary career. Not so fast. Accompanying the repeal of es- smoothly and safely. For his success, he was named Honorary Meet Director of the Colo- SACRED HEART VICAR CELEBRATES 50 YEARS tate taxes will be a change in the income tax basis for inherited assets that will be much rado statewide track meet he helped bring to PITTSFIELD.—The Rev. Royal J. Gardner, worse for all but a handful of estates than is parochial vicar of Sacred Heart Parish, cele- Pueblo, and was honored for his work with the the current estate tax. Under current law, athletic arena for the community. Ed was a brated the 50th anniversary of his ordination the income tax basis of property inherited is to the priesthood June 7. gifted athlete himself, and he never lost his ‘‘stepped up’’ to fair market value at death. love for competition, or his skill at it. When he A commemoration of the event took place This means that the unrealized capital gains June 10, on the 50th anniversary of his first existing at death are never taxed. The new was 91 years old, he shot a hole-in-one with Mass. The Mass at Sacred Heart was law will, effective in 2010, change the basis to thirty-year-old golf clubs he received as a re- concelebrated by Gardner and several vis- what is known as a carry-over basis. Result: tirement gift. iting priests. Approximately 400 friends and The seller of the property will have a whop- Throughout his life, Ed received many hon- parishioners attended a reception that fol- ping capital gains tax bill. ors and awards, including having his name in- lowed in the school hall. Example 1: Assume that I.B. Widow dies in cluded in the Greater Pueblo Sports Associa- Gardner was born in Brooklyn, N.Y., on 2001 holding farmland with a value of $1 mil- tion Hall of Fame and the Centennial Hall of April 28, 1924 to Royal C. Gardner and Bea- lion. The land was purchased many years ago trice Dwyer Gardner Furer. He was educated Fame. Perhaps his greatest reward was that, at a cost of $200,000. After deducting various as former coach Sollie Raso attested, ‘‘I hon- at St. Mark’s Grammar School and St. expenses, her taxable estate before the ex- Augustine’s High School in Brooklyn. He emption is $675,000. Therefore the unified estly think . . . Ed and his wife, they were at graduated from Providence (R.I.) College in credit (which has an exemption equivalency peace with one another, their family, and their 1945 and began his study for the priesthood of $675,000) results in zero tax. Shortly there- God.’’ Indeed, Ed was a dedicated husband at the Dominican House of Studies in after, her heirs sell the land. Because their up until his wife, Margaret Boyer Smith, Springfield, Ky., the St. Joseph Dominican income tax basis is stepped up to $1 million, passed away. He also devoted himself to his House of Philosophy in Somerset, Ohio, and they will have little or no taxable gain on two sons, Dr. Dean B. Smith, who preceded the Dominican House School of Theology in the sale. Washington, D.C. him in death, and Dr. E. Jim Smith. Ed also Example 2: Assume the same facts except had sixteen grandchildren and nineteen great- He was ordained a priest in the Dominican that she dies in 2010. Again there is no estate Order on June 7, 1951, at St. Dominican’s tax: But now when her heirs sell the farm- grandchildren. Church in Washington by auxiliary Bishop land, her tax basis of $200,000 carries over to Clearly, Mr. Speaker, Ed Smith was an in- John McNamara. them. Result: They have an $800,000 capital spiration to his students, colleagues, family Gardner’s first assignment was to St. Vin- gain and could owe as much as $160,000 of and friends. His dedication and devotion to all cent Ferrer Church in New York City. He tax. of his endeavors are unparalleled and should then became dean of admissions at Provi- Congress must have a short memory. The not go without recognition. I am proud to have dence College, a position he held from 1955 to stepped-up basis rule was briefly repealed in 1968. He served as a retreat director at the this opportunity to pay tribute to such an 1976. The resulting outcry from tax practi- amazing man, he will be greatly missed. St. Stephen Dominican Retreat House in tioners who had the difficult (often impos- Dover. sible) job of determining the tax basis of de- f He was assistant to the Dominican provin- cedents’ property was so loud that Congress HONORING GERALD RENUART cial of St. Joseph’s Province in New York retroactively repealed the law change. City from 1974 to 1980. Under current law, only a tiny percentage In 1989, Gardner, wishing to return to par- of decedents even have to file federal estate HON. PETER DEUTSCH ish work, was incardinated by the Rev. Jo- tax returns (3.4 percent for those who died in OF FLORIDA seph Maguire, bishop of Springfield. 1995). Only 668 estate tax returns of Nebraska IN THE HOUSE OF REPRESENTATIVES Incardination is the process by which priests residents were filed in 1997. Those decedents Wednesday, July 18, 2001 from one diocese are accepted into another had an average gross estate of about diocese for service. $1,480,000 and paid an average estate tax of Mr. DEUTSCH. Mr. Speaker, I rise today to Gardner spent several months at St. Jo- slightly more than $94,000. honor a man who will be greatly missed by all seph’s in Pittsfield before he was assigned to So in return for exempting a very small those who knew him. A man who served his Sacred Heart as parochial vicar in Sep- number of wealthy decedents from estate country proudly, and a man who displayed im- tember 1989. Because he is not yet ready to tax, we will be subjecting millions of heirs to measurable love for his work, his community, retire from the active priesthood, at the end a capital gains tax on property they inherit, of June he will move to St. Teresa’s Church and further subjecting them to the difficulty his life, and his family. It brings me great sad- to assist the Rev. John Varley. of providing the tax basis of property that ness to report that Gerald J. Renuart of Light- Gardner has traveled widely in the past may have been acquired decades earlier. This house Point, Florida, passed away on June and has assumed the responsibility of direct- is not a good trade-off. 24, 2000, at the age of 63 after a lengthy bat- ing the gardening on the church’s ground tle with cancer. over the years. f Gerald Renuart was born in Coral Gables, f HONORING THE LIFE OF ED SMITH Florida. He attended school at the University of Miami where he received a degree in busi- CHANGE IN ESTATE TAX WOULD ness, and went on to Nova University where HURT MANY HON. SCOTT McINNIS OF COLORADO he received his Master’s Degree. Upon grad- IN THE HOUSE OF REPRESENTATIVES uation, he began what was to become a very HON. DOUG BEREUTER long, meaningful life as a contributor to both Wednesday, July 18, 2001 OF NEBRASKA his country and community in a variety of IN THE HOUSE OF REPRESENTATIVES Mr. MCINNIS. Mr. Speaker, I would like to ways. take this opportunity to honor Ed Smith as we A strong believer in the importance of men- Wednesday, July 18, 2001 sadly mourn his passing. Ed was a man de- toring, Gerald worked with local youth through Mr. BEREUTER. Mr. Speaker, this Member voted to his family and served a dedicated ca- his participation with the Boy Scouts. As a would ask his colleagues to consider carefully reer as the Centennial football coach and member of the organization for 25 years, he the following Op-Ed from the July 7, 2001, edi- school district administrator. Ed has been a held the position of Scoutmaster for National tion of the Omaha World Herald, entitled model to us all, teaching us how to win, how and World Jamborees, Roundtable Commis- ‘‘Change in Estate Tax Would Hurt Many,’’ as to lose graciously, and how never to give in. sioner, and District Chairman. He was award- this Op-Ed raises some of the very concerns Professionally, Ed was revered by his col- ed scouting’s highest award, the Silver Bea- raised by this Member. leagues. Central coach, principal and teacher ver, for his loyal and dedicated service. CONGRESSIONAL RECORD — Extensions of Remarks E1361 Gerald also occupied the role of civil servant CONGRATULATIONS TO CYRIL Waltham, Massachusetts. She plans to study for many years. He worked as a Town Man- SWEENEY FROM CASTLEKNOCK, history and East European language and lit- ager for Surfside for nine years, and then DUBLIN, IRELAND, ON HIS 60TH erature in Russia. served as a City Administrator and Executive BIRTHDAY I commend these two students for their hard Assistant to the Mayor of Lighthouse Point for work throughout their scholastic careers and I 23 years. In addition, he was past president of HON. PETER T. KING am proud to recognize their accomplishments. the American Society of Public Administrators OF NEW YORK f and the Municipal Finance Officers of Amer- IN THE HOUSE OF REPRESENTATIVES HONORING LEO KOLLIGIAN ica. In recognition of his outstanding public Wednesday, July 18, 2001 service, Gerald Renuart was honored by then Mr. KING. Mr. Speaker, I proudly rise today HON. GEORGE RADANOVICH President Jimmy Carter. to honor and congratulate Cyril Sweeney, a OF CALIFORNIA As a retired Naval Officer, Gerald Renuart true friend of mine from Castleknock, Dublin, IN THE HOUSE OF REPRESENTATIVES will be given full military honors at Arlington Ireland, who celebrated his 60th birthday this Wednesday, July 18, 2001 National Cemetery on July 20, 2001. These past July 7th. Mr. RADANOVICH. Mr. Speaker, I rise honors serve as an example of the caliber of Cyril, the fourth of nine children, was born in today to honor Leo Kolligian for his extensive man he was and will compliment the other ac- Muckerstown, County Dublin, and raised in contributions to the educational community in colades received by Mr. Renuart in recog- County Meath. Educated at Kilbride Primary School, Ballinkill STB and University College, California’s San Joaquin Valley. Most recently, nizing him as an admirable and exceptional Dublin, Cyril distinguished himself as a student Mr. Kolligian’s commitment to education was member of his family, community, and nation. and went on to become an accomplished hor- demonstrated by a generous gift made to the Mr. Speaker, Gerald Renuart was both well- ticulturist. For a number of years Cyril has University of California, Merced. loved and widely respected by all those been the proprietor of Sweeney Landscapes Mr. Kolligian, a longtime University of Cali- blessed to have known him. He is survived by Ltd. in Dublin. fornia regent, has been a strong proponent of his father, Firmin, his two brothers, Michael Most importantly, however, Cyril is the expanding the UC system to respond to the and Robert, his sister, Claudette Voehringer, proud father of six children and grandfather of increasing demand for quality public higher his loving wife of 40 years, Maureen, his chil- four grandchildren. And most significant to me, education in the state of California. As chair- man of the Board of Regents, Mr. Kolligian dren, Shirley Dion, Ronald and Daniel, and Cyril’s eldest son John married my daughter was at the forefront of the efforts to add three eight grandchildren. Gerald selflessly served Erin this past February 17th. While everything about the wedding and the reception went new campuses in the University of California his country. His life’s work was his dream. And well, it was acknowledged by all that the high- system. The first of these will be built in his family was a source of admiration and light of the day was the speech Cyril delivered Merced, in the San Joaquin Valley. A cere- great pride. Today we celebrate Gerald’s life, at the reception. The consensus of those in at- mony was held at the UC Center in Fresno, which serves as a wonderful example to all tendance was that Cyril’s speech—which ex- CA, announcing that the library on the campus who follow in his footsteps. plored and explained life and its mysteries and of UC Merced will be named after Mr. its unexpected twists and turns—ranks along- Kolligian and his late wife Dottie. f side Cicero’s Orations, Lincoln’s Gettysburg Mr. Speaker, I am pleased to honor Leo Address and the 1916 Easter Proclamation. Kolligian for his dedication and generosity to PERSONAL EXPLANATION I wish Cyril the happiest of birthdays and education in the San Joaquin Valley. I urge many more to come. my colleagues to join me in lauding his com- f mitment to expanding the educational opportu- HON. BOB RILEY nities available to the people of California. RECOGNITION OF NATIONAL SECU- OF ALABAMA f RITY EDUCATION PROGRAM IN THE HOUSE OF REPRESENTATIVES SCHOLARSHIP RECIPIENTS TRIBUTE TO DAVID CURRY Wednesday, July 18, 2001 HON. STEPHEN HORN HON. IKE SKELTON Mr. RILEY. Mr. Speaker, I was unavoidably OF CALIFORNIA OF MISSOURI detained for rollcall No. 229, to honor Paul D. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Coverdell. Had I been present I would have Wednesday, July 18, 2001 Wednesday, July 18, 2001 voted ‘‘yes.’’ Mr. Speaker, I was unavoidably Mr. HORN. Mr. Speaker, I rise today to rec- Mr. SKELTON. Mr. Speaker, let me take detained for rollcall No. 230, commending the ognize two students from my district who are this means to pay tribute to David Curry of Se- United States military and defense contractor the recipients of the National Security Edu- dalia, Missouri, who was recently named the personnel responsible for a successful in-flight cation Program’s David L. Boren Under- Missouri Economic Development Council Dis- ballistic missile defense interceptor test on graduate Scholarship Awards. Since its cre- trict 4 Volunteer of the Year. July 14, 2001. Had I been present I would ation by Congress in 1991, the National Secu- The Missouri Economic Development Coun- have voted ‘‘yes.’’ Mr. Speaker, I was unavoid- rity Education Program has awarded over cil is an association of professionals and vol- ably detained for rollcall No. 231, on agreeing 1,300 undergraduate scholarships and over unteers that is dedicated to improving the eco- to the substitute amendment. Had I been 700 graduate scholarships. nomic climate of Missouri through programs of present I would have voted ‘‘no.’’ Mr. Speaker, The program addresses the need to in- professional development, public policy, mar- I was unavoidably detained for rollcall No. crease the ability of Americans to commu- keting and communication. The Missouri Eco- 232, proposing an amendment to the Constitu- nicate and compete globally by knowing the nomic Development Council recognizes that tion of the United States authorizing the Con- cultures and languages of other countries. professional developers have an enormous gress to prohibit the physical desecration of Scholarships are awarded to undergraduates task. It is only by the work of volunteers that the flag of the United States. Had I been to study abroad in subjects critical to United these professionals and their respective com- munities are successful. present I would have voted ‘‘yes.’’ Mr. Speak- States national security. Recipients earn their awards through a rigorous national merit- Mr. Curry has been involved with Pettis er, I was unavoidably detained for rollcall No. based competition that includes hundreds of County, Missouri, economic development 233, on agreeing to the amendment. Had I applicants. since the early 1970s. He was instrumental in been present I would have voted ‘‘yes.’’ Mr. Ms. Sarah Chankin-Gould of Long Beach, forming the first industrial development group Speaker, I was unavoidably detained for roll- California, attends Occidental College in Los that brought many industries to Sedalia. call No. 234, on agreeing to the amendment. Angeles, California. With the National Security Today, these businesses serve as the basis Had I been present I would have voted ‘‘no.’’ Education Program scholarship, she will study for the area’s economic well-being. Currently, Mr. Speaker, I was unavoidably detained for international relations and Spanish language Mr. Curry serves as President of the Sedalia- rollcall No. 235, on agreeing to the amend- and literature in Mexico. Pettis County Community Service Corporation. ment. Had I been present I would have voted Ms. Frances Sullivan-Lewis, also of Long Mr. Speaker, David Curry deserves to be ‘‘no.’’ Beach, is enrolled at Brandeis University in recognized for his tireless commitment to the E1362 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 betterment of Sedalia. I know that the Mem- PERSONAL EXPLANATION dear to our hearts. If we start down this dark bers of the House will join me in congratu- path, we are opening the door to a precedent lating him on a job well done. HON. CASS BALLENGER of extreme consequences. We must not allow OF NORTH CAROLINA this to occur. f It is critical in this debate to remember that IN THE HOUSE OF REPRESENTATIVES what provides for our freedom and our su- 27TH ANNIVERSARY OF TURKEY’S Wednesday, July 18, 2001 preme rule of law is not the flag itself, for this INVASION OF THE REPUBLIC OF is a mere symbol. What binds our nation, what CYPRUS Mr. BALLENGER. Mr. Speaker, I was un- avoidably detained and was not present for our soldiers swore and died to protect and Roll Call votes 233, 234, and 235 on July 17, what all Americans cherish, is the fundamental HON. MICHAEL E. CAPUANO 2001. Had I been present, I would have voted beliefs held in our Constitution. The flag is the OF MASSACHUSETTS ‘‘yea’’ on Roll Call vote 233 and ‘‘nay’’ on Roll symbol of the Republic, the symbol of what IN THE HOUSE OF REPRESENTATIVES Call votes 234 and 235. the Constitution provides: the rights that all Wednesday, July 18, 2001 f Americans enjoy. As the distinguished senior Senator and Constitutional Scholar from the Mr. CAPUANO. Mr. Speaker, today marks CONSTITUTIONAL AMENDMENT state of West Virginia, Senator ROBERT BYRD, the 27th anniversary of one of the most dev- AUTHORIZING CONGRESS TO so eloquently stated, ‘‘That flag is the symbol astating events in Greek-Turkish-Cypriot rela- PROHIBIT PHYSICAL DESECRA- of our Nation. In a way, we might say that flag tions. On July 20th 1974, troops from Turkey TION OF THE FLAG OF THE is the symbol of our Nation’s history. That flag started a campaign that displaced almost UNITED STATES is the symbol of our Nation’s values. We love 200,000 Greek Cypriots from the northern part that flag. But we must love the Constitution of the island of Cyprus. Throughout this inva- SPEECH OF more. For the Constitution is not just a sym- sion, over 1,600 men, women, and children HON. BETTY McCOLLUM bol, it is the thing itself!’’ disappeared. To date, the Turkish government OF MINNESOTA f declines to supply any information regarding IN THE HOUSE OF REPRESENTATIVES their whereabouts. After twenty-five years, CONSTITUTIONAL AMENDMENT Greek Cypriots still remain refugees within Tuesday, July 17, 2001 AUTHORIZING CONGRESS TO PROHIBIT PHYSICAL DESECRA- their own country and are not allowed to re- Ms. MCCOLLUM. Mr. Speaker, I have op- turn to their homes. posed a resolution proposing an amendment TION OF THE FLAG OF THE Turkey has spent a great deal of time work- to the Constitution authorizing the Congress to UNITED STATES ing to modify the demographic structure in prohibit the physical desecration of the flag of SPEECH OF Northern Cyprus. The Turkish government has the United States. I believe burning the flag is resettled 80,000 Turkish citizens to this area, an offensive and disrespectful act. In some HON. RAY LaHOOD mostly to the homes of the Greek Cypriots cases, it is an act that is already illegal under OF ILLINOIS who were evicted. Turkey also promoted a statute. However, I do not support amending IN THE HOUSE OF REPRESENTATIVES ‘‘unilateral declaration of independence’’ by the Constitution to make it a criminal offense Tuesday, July 17, 2001 the Turkish Republic of Northern Cyprus to burn any flag under any circumstances. Mr. LAHOOD. Mr. Speaker, I rise today in (TRNC) in 1983, although this was con- I can state with confidence that my col- strong support of H.J. Res. 36, legislation demned by the UN Security Council and the leagues on both sides of the aisle can agree which proposes an amendment to the Con- U.S. government. Turkey is the only country that the liberty and freedom guaranteed by our stitution of the United States allowing Con- that officially recognizes the TRNC as a sov- Constitution, and symbolized by our grand old gress to prohibit the physical desecration of ereign state to this day. flag, is our nation’s greatest strength. Every- the flag of the United States. I am a proud co- As atrocities against various ethnic groups day, the freedoms that surround us in our sponsor of this legislation. plague our world today, it is time to confront homes, schools and places of work here in Mr. Speaker, our flag is not just cloth; it is the aggression of the Turkish government this chamber, are a constant reminder of what a potent symbol of our history and the march against the Greek Cypriots. Although there our flag means, and what has been sacrificed of freedom. Our flag has flown over the battle- have been attempts to settle this dispute to ensure its lasting stability and continuity in fields of the Revolutionary War, inspired our peacefully, Greeks on Cyprus continue to suf- our nation. Every day Congress is in session, national anthem as it remained aloft over Fort fer, especially when you take human rights we pledge allegiance to this flag, ‘‘and to the McHenry, stood for national unity in the Civil into consideration. They are often banned republic for which it stands.’’ War, served as a clarion call to freedom in two from attending school and work, are not per- The willful destruction of our nation’s flag is world wars, and even stands on the moon as mitted to obtain medical care, and are kept deeply offensive. The flag is a symbol of our a symbol of peaceful exploration on behalf of from their families living in the Republic of Cy- national unity and a powerful source of na- mankind. prus. This is a gross infringement on their tional pride, and deserves to be treasured and For millions of people around the world, the basic human rights and clearly violates of treated with respect at all times. American flag represents a commitment to de- international law. Yet, despite my love for my nation and the mocracy, the rule of law and respect for Mr. Speaker, although there have been nu- flag, and my deep admiration for the men and human rights. It is a living representation of merous UN resolutions for Turkey to return women who fought and died defending our na- mankind’s aspiration for freedom. these refugees to their homes and withdraw tion, I cannot support this well-intended resolu- Millions of veterans have rallied to our flag its troops, the Turkish government has un- tion. in time of crisis. These men and women have ashamedly ignored these requests. With the I believe it is important that we take heed to fought and died under the Stars and Stripes to entire international community working hard to the constitutional parameters that will be re- defend our nation and to liberate people over- remedy this issue peacefully by continuously duced as a result of this amendment. One of seas who have been caught in the web of tyr- requesting that the Turkish government re- our most cherished liberties, and one in which anny. The blood of our veterans has been spect the sovereignty and independence of the Framers of the Constitution placed a shed to protect our flag and all that it stands the Republic of Cyprus, it is disconcerting to heavy hand upon, is our freedom of expres- for. Many of our veterans have sacrificed their watch as they disregard these various offers sion. Every individual in America is truly free lives so that our flag could continue to fly. of help. Not only is this an affront to the to express his or her opinions, without threat To allow our flag, which represents all United Sates, but the global community as a of hindrance or persecution. From time to time Americans—which holds out to the world the whole. we undoubtedly may disagree with another’s promise of liberty—to be desecrated, would be In spite of these setbacks, the United opinion or action. Nonetheless, this does not an affront to the people of this country and States, as well as the rest of the international mean that their views should be constricted by others around the world who are stirred by this community, must carry on their effort to find a the Constitution. If any limits are placed on symbol of democracy. Freedom of speech is peaceful resolution to this struggle that has this freedom, we are opening the possibility an important American right. But freedom of split Cyprus in two. As a member of Congress, that others can be placed on our freedom of speech is not a license to desecrate the fabric I will continue to do all that I can to bring expression at a later time. Unfortunately, I be- of our freedom. It is proper, and it is time, to about Justice for the Greek Cypriots. lieve this amendment will indeed serve to re- protect our cherished flag from abuse with a Thank you, Mr. Speaker. duce that freedom which we all love and hold Constitutional amendment. CONGRESSIONAL RECORD — Extensions of Remarks E1363 Mr. Speaker, the American flag stands not under the Constitution of 1869, which was I love our flag, our Constitution and our for one political party or one ideology. The flag itself a product of the post-Civil War Recon- country with a love that has no bounds. I de- represents all Americans, regardless of their struction Era in Texas; and fended all three for 35 years as a soldier and Whereas, Notwithstanding its age, Texas was willing to give my life in their defense. race, color, or creed. Desecrating the flag is voters have been reluctant to replace this Americans revere their flag as a symbol of an insult to all Americans, and a slur upon all charter, which is the sixth Texas constitu- the Nation. Indeed, it is because of that rev- those who have sacrificed for the United tion to have been adopted since independ- erence that the amendment is under consid- States. It is with pride that I vote today to pro- ence from Mexico was gained in 1836; and eration. Few countries in the world would tect our flag from violence and to enshrine this Whereas, The Constitution of 1876 has been think of amending their Constitution for the protection in the Constitution. the organic law of Texas for 125 years, and purpose of protecting such a symbol. this document, which still bears the imprint We are rightfully outraged when anyone f of the region’s long and dramatic history, attacks or desecrates our flag. Few Ameri- QUASQUICENTENNIAL OF THE has had—and continues to have—a profound cans do such things and when they do they TEXAS STATE CONSTITUTION OF influence on the development of the Lone are subject to the rightful condemnation of 1876 Star State; now, therefore, be it their fellow citizens. They may be destroying Resolved, That the 77th Legislature of the a piece of cloth, but they do no damage to State of Texas, Regular Session, 2001, hereby our system of freedom which tolerates such HON. RON PAUL commemorate the quasquicentennial of the desecration. OF TEXAS Texas constitution. If they are destroying a flag that belongs IN THE HOUSE OF REPRESENTATIVES f to someone else, that’s a prosecutable crime. If it is a flag they own, I really don’t want to Wednesday, July 18, 2001 CONSTITUTIONAL AMENDMENT amend the Constitution to prosecute some- Mr. PAUL. Mr. Speaker, the year 2001 AUTHORIZING CONGRESS TO one for foolishly desecrating their own prop- marks the quasquicentennial of the Constitu- PROHIBIT PHYSICAL DESECRA- erty. We should condemn them and pity TION OF THE FLAG OF THE them instead. tion of the great State of Texas. I understand how strongly so many of my The Lone Star State’s highest legal docu- UNITED STATES fellow veterans and citizens feel about the ment has served Texans since 1876 and—to flag and I understand the powerful sentiment SPEECH OF commemorate this important milestone in in state legislatures for such an amendment. Texas history—the recent Regular Session of HON. DENNIS MOORE I feel the same sense of outrage. But I step the 77th Texas Legislature adopted House OF KANSAS back from amending the Constitution to re- lieve that outrage. The First Amendment ex- Concurrent Resolution No. 319, which the IN THE HOUSE OF REPRESENTATIVES Governor signed on June 15, 2001. I would ists to insure that freedom of speech and ex- Tuesday, July 17, 2001 pression applies not just to that with which like to share with my colleagues the full text of Mr. MOORE. Mr. Speaker, I rise in opposi- we agree or disagree, but also that which we the Legislature’s H.C.R. No. 319 as follows: find outrageous. tion to H.J. Res. 36, which proposes an HOUSE CONCURRENT RESOLUTION NO. 319 I would not amend the great shield of de- amendment to the Constitution of the United mocracy to hammer a few miscreants. The Whereas, The year 2001 marks the States authorizing the Congress to prohibit the quasquicentennial of the Texas Constitution, flag will still be flying proudly long after and the 125th anniversary of this foundation physical desecration of the flag of the United they have slunk away. * * * document is indeed worthy of special rec- States. If I were a member of Congress, I would not ognition; and For over two hundred years, the Bill of vote for the proposed amendment and would Whereas, On August 2, 1875, Texas voters Rights of our Constitution has been the cor- fully understand and respect the views of approved the calling of a convention to write nerstone of our great nation and the source of those who would. For or against, we all love a new state constitution; the convention, our basic freedoms and rights. Our democracy our flag with equal devotion. Sincerely, held in Austin, began on September 6, 1875, has withstood many tests of our freedoms, and adjourned sine die on November 24, 1875; and has been strengthened as a result. The COLIN L. POWELL. then its draft was ratified in a statewide ref- P.S. The attached 1989 article by a Viet- erendum on February 15, 1876, by a vote of occasional, random, despicable acts of public desecration of our flag present another such nam POW gave me further inspiration for my 136,606 to 56,652; and position. Whereas, The more than 90 delegates to the test. WHEN THEY BURNED THE FLAG BACK HOME: 1875 Constitutional Convention were a di- The American flag is a symbol for liberty THOUGHTS OF A FORMER POW verse group—most were farmers and lawyers; and justice, for freedom of speech and expres- some were merchants, editors, and physi- sion and all of the other rights we cherish. But (By James H. Warner) cians; some were legislators and judges; as important as the symbol may be, more im- In March of 1973, when we were released some had fought in the Civil War armies of portant are the ideals and principles which the from a prisoner of war camp in North Viet- nam, we were flown to Clark Air Force base the South as well as of the North; at least symbol represents. That our nation can tol- five were African-American; 75 were Demo- in the Philippines. As I stepped out of the crats; 15 were Republicans; and 37 belonged erate dissension and even disrespect for our aircraft I looked up and saw the flag. I to the Grange, a non-partisan and agrarian flag is proof of the strength of our nation. If we caught my breath, then, as tears filled my order of patrons of husbandry; one delegate amend our Bill of Rights to protect the flag we eyes, I saluted it. I never loved my country had even served nearly four decades earlier would forsake the very freedoms that the flag more than at that moment. Although I have as a delegate to the 1836 Constitutional Con- symbolizes. received the Silver Star Medal and two Pur- vention; and On May 18, 1999, General Colin Powell, ple Hearts, they were nothing compared with Whereas, The Constitution of 1876, a richly who has dedicated his life to serving our coun- the gratitude I felt then for having been al- detailed instrument, reflects several histor- lowed to serve the cause of freedom. try, sent a letter to Senator PATRICK LEAHY ical influences; the Spanish and Mexican Because the mere sight of the flag meant heritage of the state was evident in such pro- sharing his reasons for opposing this constitu- so much to me when I saw it for the first visions as those pertaining to land titles and tional amendment. Senator LEAHY entered that time after 51⁄2 years, it hurts me to see other land law, as well as to water and mineral letter in to the CONGRESSIONAL RECORD on Americans willfully desecrate it. But I have law, and remains evident in judicial proce- March 29, 2000. The text of this poignant and been in a Communist prison where I looked dures, legislative authority, and guber- thought-provoking letter is attached. into the pit of hell. I cannot compromise on natorial powers; and I love our country. I love our flag—and the freedom. It hurts to see the flag burned, but Whereas, Sections aimed at monied cor- principles for which it stands. By voting I part company with those who want to pun- porate domination together with protection against this proposed amendment, we vote for ish the flag burners. Let me explain myself. of the rights of the individual and others Early in the imprisonment the Com- mandating strong restrictions upon the mis- the rights and freedoms that make our country munists told us that we did not have to stay sion of state government in general and upon great and distinguish our country from virtually there. If we would only admit we were the role of specific state officials grew out of every other country in the world. wrong, if we would only apologize, we could the Jacksonian agrarianism and frontier phi- GEN. COLIN L. POWELL, USA (RET), be released early. If we did not, we would be losophy that first infused the thinking of Alexandria, VA, May 18, 1999. punished. A handful accepted, most did not. many Texans during the mid-1800’s; and Hon. PATRICK LEAHY, In our minds, early release under those con- Whereas, Other sections, such as those pro- U.S. Senate, ditions would amount to a betrayal, of our viding for low taxation and decreased state Washington, DC. comrades of our country and of our flag. spending, were aimed at creating a govern- DEAR SENATOR LEAHY: Thank you for your Because we would not say the words they ment quite different from the centralized recent letter asking my views on the pro- wanted us to say, they made our lives and more expensive one that had existed posed flag protection amendment. wretched. Most of us were tortured, and E1364 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 some of my comrades died. I was tortured for IN HONOR OF REVEREND THOMAS to recognize the City of Manila in the Con- most of the summer of 1969. I developed beri- C. McKINLEY’S ACHIEVEMENTS gress for its outstanding community spirit and beri from malnutrition. I had long bouts of its contributions to Arkansas and the nation. dysentery. I was infested with intestinal HON. PETER J. VISCLOSKY Manila was incorporated in 1901 after a parasites. I spent 13 months in solitary con- OF INDIANA population and industry boom in the area. Re- finement. Was our cause worth all of this. IN THE HOUSE OF REPRESENTATIVES cordings of Manila go all the way back to the Yes, it was worth all this and more. 1500’s when Hernando de Soto crossed the Rose Wilder Lane, in her magnificent book Wednesday, July 18, 2001 Mississippi River. Accounts taken from his ‘‘The Discovery of Freedom,’’ said there are Mr. VISCLOSKY. Mr. Speaker, it is my travels talk about a Native American settle- two fundamental truths that men must know honor to congratulate an individual who found ment, although there were several European in order to be free. They must know that all his spiritual calling, and was able to overcome settlers also said to be living in the area. men are brothers, and they must know that many obstacles to help his community and to Manila is also known for being a settlement all men are born free. Once men accept these make life better for the citizens of Indiana’s of fugitive Cherokee who snuck away from the two ideas, they will never accept bondage. First Congressional District. Reverend Thomas Trail of Tears as they were being forcibly driv- The power of these ideas explains why it was C. McKinley of Gary, Indiana will be honored en from Georgia in 1838. The swamps were illegal to teach slaves to read. this Friday, July 20, 2001, at the Twentieth so overgrown that the federal soldiers didn’t One can teach these ideas, even in a Com- Century Missionary Baptist Church for earning want to go look for them and simply declared munist prison camp. Marxists believe that his diploma of academic achievement from the them as dead. These runaways later settled in ideas are merely the product of material State of Indiana. what is today Manila and the surrounding conditions; change those material condi- Thomas C. McKinley came from a humble areas. tions, and one will change the ideas they background and endured a troubled youth. From its beginning, Manila was primarily an produce. They tried to ‘‘re-educate’’ us. If we However, his life was changed forever at the agriculture town. The people in the area lived could show them that we would not abandon age of 17, when McKinley acknowledged his on the plentiful game and fish in the area and our belief in fundamental principles, then we calling to the ministry. On October 15, 1980, developed an industry by shipping it to mar- could prove the falseness of their doctrine. he was ordained by the Indiana Christian Bible kets in St. Louis, Chicago, and as far east as We could subvert them by teaching them College. For the past ten years, Reverend New York. Later, timber became the chief in- about freedom through our example. We McKinley has served as the spiritual shepherd dustry. Logs would be sent to mills down the could show them the power of ideas. for the Twentieth Century Missionary Baptist river until the quality and quantity of the timber I did not appreciate this power before I was Church, located at 700 West 11th Avenue in reached the railroad industry. In 1900, the a prisoner of war. I remember one interroga- Gary, Indiana. Jonesboro, Lake City, and Eastern Railway tion when I was shown a photograph of some Reverend McKinley has proven himself to extended its line to Manila. With the railroad Americans protesting the war by burning a be a selfless example to his congregation. He came a schoolhouse, general store, a mill, flag. ‘‘There,’’ the officer said, ‘‘People in has been invaluable to the members of his and a population boom. your country protest against your cause. community as both a teacher and evangelist, Today Manila is still growing. In fact, it is the That proves that you are wrong.’’ and particularly through his teaching ministry fastest growing town in Mississippi County. ‘‘No,’’ I said, ‘‘That proves that I am right. for stewardship. While a wonderful pastor, That is why I rise today on behalf of the citi- In my country we are not afraid of freedom, Reverend McKinley’s leadership skills do not zens of the First Congressional District, the even if it means that people disagree with end with the spiritual realm; he has served as State of Arkansas, and the United States Con- us.’’ The officer was on his feet in an instant, President of the Baptist Ministers’ Conference gress to wish the City of Manila a happy 100th his face purple with rage. He smashed his fist of Gary, and as Treasurer of the Gary Police birthday. onto the table and screamed at me to shut Chaplain Department. f up. While he was ranting I was astonished to While Reverend McKinley has selflessly see pain, compounded by fear, in his eyes. I served his community in Gary, his service to INTRODUCTION OF THE EXPORT have never forgotten that look, nor have I humanity has known no boundaries. In 1999, ADMINISTRATION ACT OF 2001 forgotten the satisfaction I felt at using his he spent a month in Honduras, completing two tool, the picture of the burning flag, against pilgrimages aiding hurricane victims with food, HON. ROBERT MENENDEZ him. clothing, and medicine. Not only did he donate OF NEW JERSEY Aneurin Bevan, former official of the Brit- his own time and resources, he also organized IN THE HOUSE OF REPRESENTATIVES ish Labor Party, was once asked by Nikita other churches back home to assist many Wednesday, July 18, 2001 Khrushchev how the British definition of de- other Hondurans in need. His desire to help mocracy differed from the Soviet view. those overseas also led Reverend McKinley to Mr. MENENDEZ. Mr. Speaker, I rise to- Bevan responded, forcefully, that if Khru- serve as a missionary in Haiti. gether with my distinguished colleague from shchev really wanted to know the difference, Although Reverend McKinley gives much of Arizona, JEFF FLAKE, to introduce the Export he should read the funeral oration of Peri- his time to others, he is still a devoted family Administration Act of 2001. cles. man. Nothing is more important to him than My colleagues, it is high time for the Con- In that speech, recorded in the Second his supportive and beloved wife, Camellia, and gress to responsibly legislate export controls. Book of Thucydides’ ‘‘History of the his three daughters, Charletta, Charlotte, and We have not done so properly since the end Peloponnesian War,’’ Pericles contrasted Sabrina, and his son Russell. of the Cold War, when the raison d’ etre for democratic Athens with totalitarian Sparta. Mr. Speaker, I ask that you and my distin- the Export Administration Act of 1979, of pre- Unlike, the Spartans, he said, the Athenians guished colleagues join me in congratulating venting the proliferation of sensitive dual-use did not fear freedom. Rather, they viewed Reverend Thomas C. McKinley for his com- technologies to the Soviet Union, ceased to freedom as the very source of their strength. mendable efforts towards improving himself, exist. As it was for Athens, so it is for America— his family, his community, and the world. Rev- As went the Soviet Union, so went the our freedom is not to be feared, but our free- erend McKinley is to be admired for the won- threat of an all-pervasive, mind-focusing totali- dom is our strength. derful example he has set for our community tarian threat to the United States. So, also, We don’t need to amend the Constitution as a pastor, a father, and an involved citizen. went the very multilateral non-proliferation sys- in order to punish those who burn our flag. f tem, CoCom, that effectively helped keep a lid They burn the flag because they hate Amer- on that Soviet threat. ica and they are afraid of freedom. What bet- TRIBUTE TO THE CITY OF MANILA Now, new threats are upon us—cyber war- ter way to hurt them than with the subver- fare, the potential for proliferation of weapons sive idea of freedom? Spread freedom. The HON. MARION BERRY of mass destruction, and terrorism. It is incum- flag in Dallas was burned to protest the nom- OF ARKANSAS bent upon this Congress to update this legisla- ination of Ronald Reagan, and he told us how IN THE HOUSE OF REPRESENTATIVES tion in a manner that effectively can address to spread the idea of freedom when he said those threats and in a manner that can effec- Wednesday, July 18, 2001 that we should turn America into ‘‘a city tively restrict dual-use exports that may threat- shining on a hill, a light to all nations.’’ Mr. BERRY. Mr. Speaker, I rise today to en the United States. Don’t be afraid of freedom, it is the best pay tribute to a great Arkansas city that cele- Indeed, the key single criteria for this re- weapon we have. brated its centennial on July 3rd. I am proud newal, it seems to me, is whether those export CONGRESSIONAL RECORD — Extensions of Remarks E1365 controls that we legislate can actually protect vide adequate authorities to the President with our grandchildren will never be confused Americans. regard to export controls, notwithstanding any about its meaning, its value, or the price paid As a matter of principle, before enacting ex- other provisions of law. I also look forward to to preserve it. port restriction legislation, both Congress and working with the Administration on non-pro- A great author once wrote: ‘‘You cannot the Administration must ensure that the af- liferation matters and building a better multilat- truly love a thing without wanting to fight for fected exports in fact can be effectively re- eral mechanism than the Wassenaar Arrange- it.’’ I love the United States and I want to fight stricted. I doubt anyone would responsibly ment. for the hope and freedom it represents to the suggest that legislating an unworkable control Mr. Speaker, as a member of the House world. That fight will include protecting our na- achieves any worthwhile goal or makes any International Relations Committee, I am keenly tion’s flag. sense. aware of the national security issues and f Other important criteria need to be deter- threats that face our great country. As former mined: Ranking Member in the last Congress of the TRIBUTE TO CHUCK KURTZ Would this bill sensibly update the outdated International Economic Policy and Trade Sub- 1979 law? That is, would it recognize that na- committee, I came to better appreciate the ad- HON. DENNIS MOORE tion-states and other global actors, technology vent and permanence of rapid technological OF KANSAS and the threats to the United States have change and its immediate effects on our na- IN THE HOUSE OF REPRESENTATIVES changed significantly since the end of the Cold tional security and economic prosperity. Wednesday, July 18, 2001 War? These considerations have persuaded me of Would it enhance America’s economic pros- the importance of updating the Export Admin- Mr. MOORE. Mr. Speaker, I rise today to perity without sacrificing America’s national se- istration Act. I have concluded that passage of bring to your attention the outstanding career curity? S. 149, as reported, is the prudent way ahead of Chuck Kurtz, who on July 20th concludes a And would it provide the Executive Branch both to protect our national security and to en- distinguished 33-year career with The Olathe with all the legal authority and the flexibility it hance our economic prosperity. I am con- Daily News, which serves my congressional needs to protect the American people? Put vinced this bill gets it right. The Administration district. Chuck started with The Daily News as another way, would it unduly tie the hands of support for this bill attests that it also believes a photographer, and later moved to sports the Administration in a way that could obstruct this is the optimal way ahead. I commend the writer, sports editor, features editor, seniors its constitutional duty to provide for the na- Administration for that because this truly must editor, and concluded his career as managing tional defense? be a bipartisan effort. editor. I have taken a hard look at S. 149, which Mr. Speaker, the Congress must do its duty At a retirement party that will be held at The would update the Export Administration Act. and act now to protect Americans and to en- Daily News’ office on this Friday, the following After a careful review, I believe this bill, as re- hance our economic prosperity. Let us act letter will be presented to Chuck on my behalf; ported by the Senate, satisfactorily addresses now to pass the Export Administration Act of I am pleased to have this opportunity to share the criteria I outlined above and enhances 2001. this correspondence with my colleagues: America’s economic prosperity without sacri- DEAR CHUCK, I want to add my voice to the f ficing America’s national security. chorus of those who are praising you on the It would protect Americans by ensuring that CONSTITUTIONAL AMENDMENT occasion of your ‘‘retirement.’’ the national security agencies in the Executive AUTHORIZING CONGRESS TO I’m using the term ‘‘retirement’’ loosely, Branch may be used to identify any actual or PROHIBIT PHYSICAL DESECRA- because I think we all know that though you may enjoy a few weeks of fishing or travel, looming threats to our national security. In ad- TION OF THE FLAG OF THE you will soon return to making a positive dition to the Commerce Department, the De- UNITED STATES impact upon the lives of those around you— fense Department, State Department and intel- just as you have done for so many years at ligence community are at the immediate dis- SPEECH OF The Daily News. posal of the President of the United States I have enjoyed working with you over the and can signal at any time to the administra- HON. STEVE LARGENT years, first as Johnson County District At- tion the need to restrict any export. OF OKLAHOMA torney, and now as a Member of Congress. The Enhanced Control provision of Title Il IN THE HOUSE OF REPRESENTATIVES Needless to say, we have often found our- and the Deferral Provision of Title III would selves on opposite sides of the issues. You Tuesday, July 17, 2001 wouldn’t be the Chuck Kurtz I know if we provide the President with the authority to con- Mr. LARGENT. Mr. Speaker, I rise today in would have agreed on everything! trol any export he may see an urgent need to But no matter the issue or whether or not control, notwithstanding any other provisions support of H.J. Res. 36, which would grant we agreed, you always understood that there in the bill—including mass market status or Congress the power to add an amendment to were at least two sides to every story, and foreign availability or set-asides. the Constitution prohibiting the physical dese- that there may be good reasons for individ- There is a glaring need, however, that I be- cration of the United States flag. This resolu- uals to believe and act as they do. I have lieve must be addressed by Congress. The tion will preserve the honor and respect due to seen this not only in your writing, but also Wassenaar Arrangement for that replaced our national flag. in your CoCom is simply inadequate to address multi- When I reflect on the men and women who You have not only brought a sense of civil- fought and died to protect the flag as a symbol ity to your profession, but you have also lateral nonproliferation concerns. While the brought something of which those in my line Soviet Union is no longer with us, nuclear pro- of democracy and freedom, it amazes me that of work are often in need—common sense. liferation concerns are real and present. Sim- any American would purposely want to destroy This is why I will miss you most, and why I ple periodic reports on dual-use exports are that symbol. I believe that most Americans think the readers of The Daily News will, clearly insufficient to address these concerns. feel a sense of outrage at the sight of the flag also. I want to commend Chairman HYDE and being burned or desecrated by protesters Common sense says you shouldn’t forget Ranking Member LANTOS and their staffs for trumpeting freedom of speech as their shield why you do what you do, and you never have. holding hearings and briefings on export ad- for such a heinous act. One can tell you are a journalist because you want the public to have the facts they need In recent history, our flag has lost the pro- ministration and their very hard work on this to make good decisions about their collec- issue. But now it is time to move forward with tection it deserves. I’ve noticed a sad pattern tive future, both locally and nationally. re-authorization, not re-extension. developing that we would even permit our flag There is honor in this, and I know from first- Officials from the Departments of Defense, to be desecrated. When we allow our nation’s hand experience that you have had great— State and Commerce have testified at the honor to be disgraced, should we be surprised and altogether positive—influence on the di- three hearings before the House International that we have traitors in our midst? We allow rection our community has taken. Thank Relations Committee has held on this matter the symbol of all that is good and pure about you for your service. and all have signaled their support for passing our country to be defiled and then we are Again, congratulations on your ‘‘retire- shocked when our leaders are devoid of the ment,’’ and I am looking forward to running the Export Administration Act of 2001, as re- into you again soon. ported by the Senate Banking Committee. The values we cherish. Very truly yours, Administration has provided a clear and unam- It is time to restore our flag to its rightful DENNIS MOORE, biguous position that titles two and three pro- place under the law so that our children and Member of Congress. E1366 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 DOGS OF WAR BARE THEIR TEETH its members catch on, they could approve a clothing undergraduate major in the western OVER COLOMBIA privatized Gulf of Tonkin resolution without United States, and no other western university even realizing it’s hidden in the bill. And can challenge the laboratory facilities and once the dogs of war are unleashed, they’re equipment. UC Davis utilizes the best in HON. JOHN CONYERS, JR. awfully hard to round up again—just ask Bob OF MICHIGAN McNamara. human resources, generates the best in phys- ical product, and trains the best of the next IN THE HOUSE OF REPRESENTATIVES This ongoing and furtive escalation di- rectly contradicts the government’s assur- generation. As an example, UC Davis is Wednesday, July 18, 2001 ances that, as Assistant Secretary of State unique to the textile world in its study of fiber Mr. CONYERS. Mr. Speaker, today I am Rand Beers put it last week, ‘‘Plan Columbia and polymer science. The production and use is a plan for peace.’’ pleased to offer for the RECORD an op-ed of fibers and polymers go beyond the forms of ‘‘From the beginning,’’ he wrote in an op- piece written by Ms. Arianna Huffington that fabrics and plastics to high performance mem- ed, ‘‘we have stated that there is no military branes, composites, and electronic and com- appeared in the Los Angeles Times on Tues- solution to Columbia’s problems.’’ Then why, day, July 17, 2001. This article regards our pray, the need for offensive weaponry and munication applications. These common-place, country’s involvement in Plan Colombia. Be- unrestricted number of mercenaries? daily use substances are constantly being up- fore we begin debate on the Foreign Oper- To make matters worse, a new investiga- graded and improved by the staff and students ations Appropriations bill, I think it is important tion by the Center for Public Integrity found at the Division of Textiles and Clothing. that the Congress and the people of the that U.S. anti-drug money spent on Latin Social Science research at UC Davis ad- United States reconsider our current policy to- America is being ‘‘funneled through corrupt dresses sociocultural meanings of textiles and military paramilitary and intelligence orga- apparel, fashion theory, and production-con- ward our southern neighbor and third most nizations and ends up violating basic human populous country in South America. sumption issues related to gender and eth- rights.’’ nicity. Collaborations between the physical DOGS OF WAR BARE THEIR TEETH OVER Those who scoff at the idea that our drug- and social sciences have resulted in a better fighting efforts in Colombia could lead to the COLOMBIA understanding of the principles underlying the For more than a year, critics of our gov- U.S. becoming embroiled in a massive counter-insurgency war should take a look efficacy and acceptance of protective clothing. ernment’s drug-war aid package to Colombia These discoveries have protected farm work- (now hovering at $2 billion) have been warn- at a new study by the Rand Corp. commis- ing of the mission creep that threatens to sioned by the U.S. Air Force. The study calls ers, health care providers, firefighters, and embed us ever deeper in that country’s 4-dec- on the United States to drop the phony others. This valuable research can only en- ades-old civil war. ‘‘counter-narcotics only’’ pretense and di- hance the NTC and accelerate the next gen- Well, the slippery slope just got greased. rectly assist the Colombian government in eration of high quality textile product. The House of Representatives is about to its battle against leftist rebels: ‘‘The United I appreciate the committee’s interest in UC vote on the $15.2-billion foreign operations States is the only realistic source of military Davis and the Division of Textiles and Cloth- spending bill. Buried amid the appropria- assistance on the scale needed to redress the ing. The Chairman has been generous in en- tions for many worthwhile projects such as currently unfavorable balance of power.’’ There is still the chance that Congress will gaging us in this colloquy, and I want to thank the Peace Corps and international HIV/AIDS him personally for his efforts. I am anxious to relief is a legislative land mine. It comes in refuse to go along with this statutory trick- the form of a couple of innocuous-sounding ery. Reps. John Conyers (D-Mich.) and Jan- work with the committee and my colleagues lines that could lead to a massive escalation ice D. Schakowsky (D-Ill.) are considering an from California on this issue. of U.S. involvement in Colombia’s amendment to eliminate the new provisions. f unwinnable war. Turning an army of heavily armed merce- Contained in the section of the bill ear- naries loose in the middle of a bloody civil FEDERALLY FINANCED, INTEREST marking $676 million for ‘‘counterdrug ac- war is more than a misguided policy—its FREE MOTOR VEHICLE ACT, H.R. tivities’’ in the region are the following eye- utter insanity. It’s imperative that our law- 2544 glazing provisions: ‘‘These fund are in addi- makers defuse these provisions in the bill be- tion to amounts otherwise available for such fore they blow up in our faces, and the cliche of ‘‘another Vietnam’’ becomes a sorry Co- HON. BENJAMIN A. GILMAN purposes and are available without regard to OF NEW YORK section 3204(b)(1)(B) of Public Law 106–246. lombian reality. IN THE HOUSE OF REPRESENTATIVES Provided further, that section 482(b) of the f Foreign Assistance Act of 1961 shall not Wednesday, July 18, 2001 apply to funds appropriated under this head- REGARDING UC DAVIS AND THE Mr. GILMAN. Mr. Speaker, our Nation has ing.’’ NATIONAL TEXTILE CENTERS been taking a wild ride on the energy roller Got that? I didn’t think so. Legislative gobbledygook does not get any coaster for far too long. The citizens of our gookier. but once the meaningless numbers HON. DOUG OSE great nation must not be forced to suffer the and letters are decoded, and the statutory OF ups and downs of an energy crisis that never dots connected, the ominous significance of IN THE HOUSE OF REPRESENTATIVES seems to get better. While the Bush adminis- those provisions becomes all too clear. If ap- Wednesday, July 18, 2001 tration has taken a pro-active stance on en- proved, they make possible the unlimited ergy through the release of its National Energy buildup of ‘‘mercenaries’’ and the removal of Mr. OSE. Mr. Speaker, I rise today to join Policy in May, 2001, there is much more to be any constraints on the kinds of weapons they my colleagues in supporting the effort on be- done—as a Congress, a Nation, and as citi- can use. half of the University of California at Davis to Under current law, the number of U.S. zens. For the past eight years, our Nation was military personnel that can be deployed in be included as a member of the National Tex- subjected to the last Administration’s ‘‘wait and Colombia is limited to 500, and they are pro- tile Center (NTC). see’’ energy policy that was reactive rather hibited from engaging in combat. But as Mr. Speaker, it is silly not to include UC than pro-active. politicians discovered long ago, there are Davis in the NTC. Currently, NTC has no Mr. Speaker, on June, 2001, 1 sponsored two parts to every law: the spirit of the law member schools west of the Mississippi River. the Federal Motor-Vehicle Fleet Act, H.R. and the letter of the law. California is America’s second leading pro- 2263, which enjoys bi-partisan support. The As regard Columbia, our government chose ducer of cotton as well as being a leading na- Act mandates that ten-percent of the vehicle the latter, carrying out a classic end-run tional manufacturer of apparel, grossing over fleet purchased by the Federal Government around the prohibition by funding a war con- ducted by mercenaries—hundreds of U.S. $13 billion annually. The NTC supports a con- must be comprised of Hybrid-electric Vehicles citizens working for private military con- sortium of research at six universities: Auburn, (HEV) and other high-efficiency vehicles that tractors like DynCorp, Airscan and Military Clemson, Georgia Tech, North Carolina State, are powered by alternative sources of energy, Professional Resources Inc. University of Philadelphia, and Dartmouth. To sources other than gasoline and diesel. At the moment, the number of these mer- include UC Davis in this prestigious company Mr. Speaker, today I am introducing my cenaries is capped at 300. But the first new will go a long way to advancing the safety, companion bill, the Federally Financed, Inter- provision, if it becomes law, does away with quality, and durability of clothing and textile est Free Vehicle Act, which as the title indi- this restriction. The other provision removes products. cates, offers federally financed, interest free language that says ‘‘weapons or ammuni- tion’’ while engaged in narcotics-related ac- UC Davis is the single largest employer in loans to public schools, municipalities, and tivities. It’s a deadly cocktail: unlimited pri- my district, and the faculty is recognized na- local government to purchase Hybrid-Electric vate forces armed with unlimited weapons. tionally and internationally for their research and other environmentally friendly high-effi- Congress has always zealously guarded its activities. The Division of Textiles and Clothing ciency vehicles. This program, to be adminis- rights under the War Powers Act. But unless offers the most comprehensive textiles and tered by the Department of Transportation, CONGRESSIONAL RECORD — Extensions of Remarks E1367 provides the opportunity for our public institu- SECTION 1. LOANS FOR HIGH-EFFICIENCY VEHI- ‘‘institution of higher education’’ in section tions that can not avail themselves of the tax CLES. 101(a) of the Higher Education Act of 1965 (20 (a) LOAN PROGRAM AUTHORIZED.—Subject benefits of H.R. 2263, to purchase these envi- U.S.C. 1001(a)), but does not include private to the availability of appropriations, the institutions described in that section. ronmentally friendly, energy-efficient with re- Secretary of Transportation shall establish a (e) AUTHORIZATION OF APPROPRIATIONS.— program to offer federally financed, interest- payment terms as long as five years. There are authorized to be appropriated to free loans to local educational agencies, pub- carry out this section $50,000,000 for each of Mr. Speaker, a few weeks ago I was privi- lic institutions of higher education, munici- fiscal years 2002 through 2007 and such sums leged to view the latest technology in alter- palities, and local governments for the pur- as may be necessary for each fiscal year native fuels, a school bus that runs on fuel chase of hybrid electric vehicles or high-effi- thereafter. cells, rather than gasoline. Fuels other than ciency vehicles. gasoline and diesel are the wave of the future, (b) REPAYMENT TERM.—The time for repay- and we must ride these waves of technology, ment of a loan under this section may not f exceed five years. as the surfer at the Banzai Pipeline. (c) SECURITY INTEREST.—The Secretary PERSONAL EXPLANATION This act will not only lower our overall con- shall require, as a condition of a loan under sumption of gasoline, but will save our public this section, that the borrower grant to the schools and municipalities millions of dollars in United States a security interest in any ve- HON. DENNIS MOORE hicle purchased with the proceeds of such the cost of gasoline. These savings can be in- loan. OF KANSAS vested in important school programs and in (d) DEFINITIONS.—In this section: IN THE HOUSE OF REPRESENTATIVES providing our local governments with the re- (1) The term ‘‘high-efficiency vehicle’’ Wednesday, July 18, 2001 sources to offer more services in our commu- means a motor vehicle that uses a fuel other nities. Additionally, these hybrid and high-effi- than gasoline or diesel fuel. Mr. MOORE. Mr. Speaker, because I was (2) The term ‘‘hybrid electric vehicle’’ ciency vehicles are reported to be more envi- means a motor vehicle with a fuel-efficient en route to attending the wedding of my oldest ronmentally friendly than our conventional ve- gasoline engine assisted by an electric son, Todd, in Hungary, during the late after- hicles. The Federal Government must seize motor. noon of July 12, 2001, I was unavoidably ab- this opportunity to conserve our resources and (3) The term ‘‘motor vehicle’’ has the sent for vote number 228, on H. Res. 188, to promote environmentally friendly vehicles, meaning given that term in section which would have provided for House floor and we must do it today. 30102(a)(6) of title 49, United States Code. consideration of various campaign finance reg- (4) The term ‘‘local educational agency’’ ulatory overhaul proposals. For this purpose, I H.R. 2544 has the meaning given that term in the Ele- mentary and Secondary Education Act of was granted a leave of absence by the Speak- Be it enacted by the Senate and House of Rep- 1965 (20 U.S.C. 6301 et seq.). er, after 4 p.m. on July 12, and for the balance resentatives of the United States of America in (5) The term ‘‘public institution of higher of the week. Had I been present for vote num- Congress assembled, education’’ has the meaning given the term ber 228, 1 would have voted ‘‘no.’’ E1368 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 2001 SENATE COMMITTEE MEETINGS for the Environment and the Economy California, to be Assistant Adminis- Act. trator for the Office of International Title IV of Senate Resolution 4, SD–106 Activities, and the nomination of Rob- agreed to by the Senate on February 4, 10 a.m. ert E. Fabricant, of New Jersey, to be 1977, calls for establishment of a sys- Indian Affairs General Counsel, all of the Environ- tem for a computerized schedule of all To hold hearings on S. 266, regarding the mental Protection Agency; and to con- meetings and hearings of Senate com- use of the trust land and resources of sider committee rules of procedures for mittees, subcommittees, joint commit- the Confederated Tribes of the Warm the 107th Congress. tees, and committees of conference. Springs Reservation of Oregon. SD–406 Governmental Affairs This title requires all such committees SR–485 Foreign Relations To hold hearings to examine current en- to notify the Office of the Senate Daily To hold hearings to examine the Admin- tertainment ratings, focusing on eval- Digest—designated by the Rules com- istration’s missile defense program and uation and improvement. mittee—of the time, place, and purpose the Anti-Ballistic Missile Treaty focus- SD–342 of the meetings, when scheduled, and ing on the legal and technical issues Health, Education, Labor, and Pensions any cancellations or changes in the associated with missile defense. To hold hearings to examine genetics re- meetings as they occur. SD–419 search issues and non-discrimination in health insurance and employment. As an additional procedure along Judiciary Administrative Oversight and the Courts SD–430 with the computerization of this infor- Subcommittee 10 a.m. mation, the Office of the Senate Daily To hold hearings to examine the role of Indian Affairs Digest will prepare this information for the Senate in the nomination and con- To hold oversight hearings on the imple- printing in the Extensions of Remarks firmation process. mentation of the Indian Gaming Regu- section of the CONGRESSIONAL RECORD SD–226 latory Act. on Monday and Wednesday of each Banking, Housing, and Urban Affairs SH–216 To hold oversight hearings to examine Banking, Housing, and Urban Affairs week. Economic Policy Subcommittee Meetings scheduled for Thursday, the Semi-Annual Report on Monetary Policy of the Federal Reserve. To hold hearings to examine the risks of July 19, 2001 may be found in the Daily SH–216 a growing balance of payments deficit. Digest of today’s RECORD. Governmental Affairs SD–538 To hold hearings to examine S. 159, to Judiciary MEETINGS SCHEDULED elevate the Environmental Protection To hold hearings on S. 1157, to reauthor- Agency to a cabinet level department, ize the consent of Congress to the to redesignate the Environmental Pro- Northeast Interstate Dairy Compact JULY 20 tection Agency as the Department of and to grant the consent of Congress to 9:30 a.m. Environmental Protection Affairs. the Southern Dairy Compact, a Pacific Finance SD–342 Northwest Dairy Compact, and an To continue hearings to examine trade 2 p.m. Intermountain Dairy Compact. adjustment assistance issues. Judiciary SD–226 SD–215 To hold hearings on pending judicial 2 p.m. nominations. Judiciary JULY 23 SD–226 Technology, Terrorism, and Government 2 p.m. Banking, Housing, and Urban Affairs Information Subcommittee Governmental Affairs Housing and Transportation Subcommittee To hold oversight hearings to examine International Security, Proliferation and To hold oversight hearings to examine the National Infrastructure Protection Federal Services Subcommittee the Federal Housing Administration Center, focusing on the fight against To hold hearings to examine the role of Multifamily Housing Mortgage Insur- cybercrime. the Federal Emergency Management ance Program. SD–226 Agency in managing a bioterrorist at- SD–538 2:30 p.m. tack and the impact of public health 2:30 p.m. Governmental Affairs concerns on bioterrorism preparedness. Veterans’ Affairs International Security, Proliferation and SD–342 To hold hearings to examine prescription Federal Services Subcommittee 3 p.m. drug issues in the Department of Vet- To hold hearings on S. 995, to amend Environment and Public Works erans’ Affairs. chapter 23 of title 5, United States Transportation and Infrastructure Sub- SR–418 Code, to clarify the disclosures of infor- committee Foreign Relations mation protected from prohibited per- To hold oversight hearings to examine To continue hearings to examine the Ad- sonnel practices, require a statement the role of the federal government in ministration’s missile defense program in non-disclosure policies, forms, and meeting infrastructure needs. and the Anti-Ballistic Missile Treaty agreements that such policies, forms SD–406 focusing on the means of addressing and agreements conform with certain ballistic missile and weapons prolifera- disclosure protections, provide certain JULY 24 tion threats. authority for the Special Counsel. SD–342 9 a.m. SD–419 Indian Affairs Armed Services JULY 26 Business meeting to mark up S. 87, to SeaPower Subcommittee amend the Native Hawaiian Health To hold hearings on proposed legislation 9:30 a.m. Care Improvement Act to revise and authorizing funds for fiscal year 2002 Environment and Public Works extend such Act; S. 91, to amend the for the Department of Defense and the To hold hearings to examine the environ- Native American Languages Act to Future Years Defense Program, focus- mental and public health impacts of provide for the support of Native Amer- ing on Navy shipbuilding programs. power plant emissions. ican Language Survival Schools; and S. SR–222 SD–406 746, to express the policy of the United States regarding the United States re- JULY 25 JULY 30 lationship with Native Hawaiians and 9:30 a.m. 9:30 a.m. to provide a process for the recognition Energy and Natural Resources Governmental Affairs by the United States of the Native Ha- Business meeting to consider pending To hold hearings to examine the rising waiian governing entity. calendar business. use of the drug ecstacy, focusing on SR–485 SD–366 ways the government can combat the 9:30 a.m. Environment and Public Works problem. Energy and Natural Resources To hold hearings on the nomination of SD–342 To hold hearings on proposals related to David A. Sampson, of Texas, to be As- 1 p.m. global climate change and measures to sistant Secretary of Commerce for Eco- Judiciary mitigate greenhouse gas emissions, in- nomic Development; and the nomina- To hold hearings on the nomination of cluding S. 597, the Comprehensive and tion of George Tracy Mehan III of Robert S. Mueller III, of California, to Balanced Energy Policy Act of 2001; S. Michigan, to be Assistant Adminis- be Director of the Federal Bureau of 388, the National Energy Security Act trator for the Office of Water, the nom- Investigation, Department of Justice. of 2001; and S. 820, the Forest Resources ination of Judith Elizabeth Ayres, of SH–216 CONGRESSIONAL RECORD — Extensions of Remarks E1369 JULY 31 2:30 p.m. cupational Safety and Health Adminis- 10 a.m. Veterans’ Affairs tration. Indian Affairs Business meeting to mark up pending SD–430 To hold hearings on the implementation legislation. of the Indian Health Care Improvement SR–418 SEPTEMBER 19 Act. 2 p.m. AUGUST 2 SR–485 Judiciary Health, Education, Labor, and Pensions 10 a.m. To hold hearings on S. 702, for the relief Children and Families Subcommittee Indian Affairs of Gao Zhan. To hold hearings to examine early detec- To hold hearings on S. 212, to amend the SD–226 tion and early health screening issues. Indian Health Care Improvement Act SD–430 to revise and extend such Act. 2 p.m. SR–485 Health, Education, Labor, and Pensions Health, Education, Labor, and Pensions To hold hearings to examine asbestos To hold hearings on the nomination of issues. John Lester Henshaw, of Missouri, to SD–430 be an Assistant Secretary of Labor, Oc- Wednesday, July 18, 2001 Daily Digest

HIGHLIGHTS The House passed H.R. 2500, Commerce, Justice, State, and the Judiciary Appropriations, 2002. House Committees ordered reported 13 sundry measures. Senate mony, document production, and legal representa- Chamber Action tion in State of Connecticut v. Kenneth J. LaFontaine, Jr. Routine Proceedings, pages S7831–S7891 Page S7889 Measures Introduced: Seven bills and one resolu- Energy and Water Development Appropriations tion were introduced, as follows: S. 1190–1196, and Act: Senate continued consideration of H.R. 2311, S. Res. 136. Page S7878 making appropriations for energy and water develop- Measures Reported: ment for the fiscal year ending September 30, 2002, S. 1191, making appropriations for Agriculture, taking action on the following amendments proposed thereto: Pages S7839–45, H7851–71 Rural Development, Food and Drug Administration, Adopted: and Related Agencies programs for the fiscal year By a unanimous vote of 100 yeas (Vote No. 237), ending September 30, 2002. (S. Rept. No. 107–41) Bond Amendment No. 1013, to impose additional Page S7878 conditions on the consideration of revisions to the Measures Passed: Missouri River Master Water Control Manual. Coverdell Education Savings Account: Senate Pages S7854–65 passed S. 1190, to amend the Internal Revenue Code Rejected: of 1986 to rename the education individual retire- Murkowski Amendment No. 1018, to provide grants and fellowships for energy industry workforce ment accounts as the Coverdell education savings ac- training and to monitor energy industry workforce count. Pages S7833–34 trends. (By 56 yeas to 44 nays (Vote No. 238), Sen- Transfer of Slobodan Milosevic: Senate agreed to ate tabled the amendment.) Pages S7865–70 S. Res. 122, relating to the transfer of Slobodan A motion was entered to close further debate on Milosevic to the International Criminal Tribunal for the bill and, in accordance with the provisions of Yugoslavia, after agreeing to a committee amend- Rule XXII of the Standing Rules of the Senate, a ment. Pages S7885–87 vote on the cloture motion will occur on Friday, July Congratulating Baltic Nations: Senate agreed to 20, 2001. Page S7870 S. Con. Res. 34, congratulating the Baltic nations of A second motion was entered to close further de- Estonia, Latvia, and Lithuania on the tenth anniver- bate on the bill, and in accordance with the provi- sary of the end of their illegal incorporation into the sions of Rule XXII of the Standing Rules of the Soviet Union, after agreeing to a committee amend- Senate, a vote on the cloture motion will occur on Friday, July 20, 2001. Page S7870 ment. Page S7887 A unanimous-consent agreement was reached pro- Sub-Saharan African Development: Senate viding for further consideration of the bill on Thurs- agreed to S. Con. Res. 53, encouraging the develop- day, July 19, 2001. Page S7871 ment of strategies to reduce hunger and poverty, and Nominations Received: Senate received the fol- to promote free market economies and democratic lowing nominations: institutions, in sub-Saharan Africa. Pages S7887–89 Harvey Pitt, of North Carolina, to be a Member Authorizing Testimony and Legal Representa- of the Securities and Exchange Commission for the tion: Senate agreed to S. Res. 136, to authorize testi- remainder of the term expiring June 5, 2002. D721 D722 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 2001

Harvey Pitt, of North Carolina, to be a Member Amendments Submitted: Pages S7883–84 of the Securities and Exchange Commission for a Additional Statements: Pages S7876–78 term expiring June 5, 2007. (Reappointment) Brigadier General Edwin J. Arnold, Jr., United Notices of Hearings: Page S7884 States Army, to be a Member and President of the Authority for Committees: Pages S7884–85 Mississippi River Commission, under the provisions Record Votes: Two record votes were taken today. of Section 2 of an Act of Congress, approved June (Total—238) Pages S7865, S7869–70 1879 (21 Stat. 37) (33 USC 642). Brigadier General Carl A. Strock, United States Adjournment: Senate met at 9:30 a.m., and ad- Army, to be a Member of the Mississippi River journed at 8:17 p.m., until 10 a.m., on Thursday, July 19, 2001. (For Senate’s program, see the re- Commission, under the provisions of Section 2 of an marks of the Acting Majority Leader in today’s Act of Congress, approved 28 June 1879 (21 Stat. Record on page S7889.) 37) (22 USC 642). Theodore H. Kattouf, of Maryland, to be Ambas- sador to the Syrian Arab Republic. Committee Meetings Maureen Quinn, of New Jersey, to be Ambassador (Committees not listed did not meet) to the State of Qatar. Joseph Gerard Sullivan, of Virginia, to be Ambas- STEM CELL RESEARCH sador to the Republic of Zimbabwe. Committee on Appropriations: Subcommittee on Labor, Johnny Young, of Maryland, to be Ambassador to Health and Human Services, and Education con- the Republic of Slovenia. cluded hearings to examine Federal funding for em- Jeffrey D. Jarrett, of Pennsylvania, to be Director bryonic stem cell research issues, focusing on the of the Office of Surface Mining Reclamation and En- National Institute of Health report entitled ‘‘Stem forcement. Cells: Scientific Progress and Future Research Direc- Edward William Gnehm, Jr., of Georgia, to be tions’’, after receiving testimony from Senators Ambassador to the Hashemite Kingdom of Jordan. Hatch, Gordon Smith, and Brownback; Lana R. Nicholas Burns, of Massachusetts, to be United Skirboll, Director, Office of Science Policy, National States Permanent Representative on the Council of Institutes of Health, Department of Health and the North Atlantic Treaty Organization, with the Human Services; Diane Krause, Yale University rank and status of Ambassador, vice Alexander R. School of Medicine, New Haven, Connecticut, on be- Vershbow. half of the American Society of Hematology; Mary Robert S. Mueller III, of California, to be Director J.C. Hendrix, University of Iowa College of Medi- of the Federal Bureau of Investigation for the term cine Department of Anatomy and Cell Biology, Iowa of ten years. City, on behalf of the Federation of American Soci- Edmund James Hull, of Virginia, to be Ambas- eties for Experimental Biology; Richard M. sador to the Republic of Yemen. Doerflinger, National Conference of Catholic Franklin L. Lavin, of Ohio, to be Ambassador to Bishops, Washington, D.C.; Michael D. West, Ad- the Republic of Singapore. vanced Cell Technology, Inc., Worcester, Massachu- John Thomas Schieffer, of Texas, to be Ambas- setts; and William E. Gibbons and Susan E. sador to Australia. Lanzendorf, both of the Eastern Virginia Medical A routine list in the Army, Navy. Pages S7890–91 School Department of Obstetrics and Gynecology, Norfolk. Nominations Withdrawn: Senate received notifica- tion of the withdrawal of the following nomination: AUTHORIZATION—DEFENSE PERSONNEL Harvey Pitt, of North Carolina, to be a Member PROGRAMS of the Securities and Exchange Commission for a Committee on Armed Services: Subcommittee on Per- term expiring June 5, 2005, which was sent to the sonnel concluded hearings on proposed legislation Senate on July 10, 2001. Page S7891 authorizing funds for fiscal year 2002 for the De- Executive Reports of Committees: Page S7878 partment of Defense and the Future Years Defense Program, focusing on active and reserve military and Messages From the House: Page S7878 civilian personnel programs, after receiving testi- Measures Referred: Page S7878 mony from former Representative G.V. Mont- Measures Read First Time: Page S7878 gomery; David S.C. Chu, Under Secretary of Defense for Personnel and Readiness; Lt. Gen. Tomothy J. Statements on Introduced Bills: Pages S7880–83 Maude, USA, Deputy Chief of Staff for Personnel, Additional Cosponsors: Pages S7879–80 United States Army; Vice Adm. Norbert R. Ryan, July 18, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D723

Jr., USN, Chief of Naval Personnel/Deputy Chief of tional Industrial Transportation League, Arlington, Naval Operations for Manpower and Personnel, Virginia. United States Navy; Lt. Gen. Garry L. Parks, Hearings recessed subject to call. USMC, Deputy Commandant, Manpower and Re- NOMINATION serve Affairs, United States Marine Corps; Lt. Gen. Donald L. Peterson, USAF, Deputy Chief of Staff for Committee on Energy and Natural Resources: Committee Personnel, United States Air Force; and MCPO Joe concluded hearings on the nomination of Dan R. Barnes, USN (Ret.), Fleet Reserve Association, CM Brouillette, of Louisiana, to be Assistant Secretary of Sgt. Mark H. Olanoff, USAF (Ret.), Retired Enlisted Energy for Congressional and Intergovernmental Af- Association, Joyce Wessel Raezer, National Military fairs, after the nominee, who was introduced by Sen- Family Association, and Sue Schwartz, Retired Offi- ator Landrieu and Representative Tauzin, testified cers Association, all on behalf of the Military Coali- and answered questions in his own behalf. tion, Alexandria, Virginia. ENERGY RESEARCH AND DEVELOPMENT BUSINESS MEETING Committee on Energy and Natural Resources: Committee Committee on Banking, Housing, and Urban Affairs: continued hearings on proposals related to energy Committee ordered favorably reported the following and scientific research, development, technology de- business items: ployment, education, and training, including Sec- An original bill to reauthorize funds for the U.S. tions 107, 114, 115, 607, Title II, and Subtitle B Export-Import Bank; of Title IV of S. 388, the National Energy Security An original bill to extend the authorities of the Act of 2001, Titles VIII, XI, and Division E of S. Iran and Libya Sanctions Act of 1996 until 2006; 597, the Comprehensive and Balanced Energy Policy and Act of 2001, Sections 111, 121, 122, 123, 125, 127, The nominations of Mark B. McClellan, of Cali- 204, 205, Title IV and Title V of S. 472, the Nu- fornia, to be a Member of the Council of Economic clear Energy Electricity Supply Assurance Act of Advisers, and Sheila C. Bair, of Kansas, to be an As- 2001, S. 90, the Department of Energy Nanoscale sistant Secretary of the Treasury for Financial Insti- Science and Engineering Research Act, S. 193, the tutions. Department of Energy Advanced Scientific Com- puting Act, S. 242, the Department of Energy Uni- DEFENSE BUDGET versity Nuclear Science and Engineering Act, S. 259, Committee on the Budget: Committee concluded hear- the National Laboratories Partnership Improvement ings to examine the President’s amended budget re- Act of 2001, S. 636, a bill to direct the Secretary quest for fiscal year 2002 for the Department of De- of Energy to establish a decommissioning pilot pro- fense, after receiving testimony from Paul D. gram to decommission and decontaminate the So- Wolfowitz, Deputy Secretary of Defense. dium-cooled fast breeder experimental test-site reac- tor located in northwest Arkansas, S. 1130, the Fu- MOTOR CARRIER SAFETY sion Energy Sciences Act of 2001, and S. 1166, to Committee on Commerce, Science, and Transportation: establish the Next Generation Lighting Initiative at Committee held hearings to examine Federal efforts the Department of Energy, receiving testimony from to improve motor carrier safety at the United States- Francis S. Blake, Deputy Secretary of Energy; Robert Mexico border relative to the North American Free Fri, Director, National Museum of Natural History, Trade Agreement requirement that all countries in Smithsonian Institution, on behalf of the National North America be open to commercial vehicle traf- Research Council Committee on Benefits of Depart- fic, focusing on current safety conditions at the ment of Energy Research and Development on En- southern border, and Department of Transportation ergy Efficiency and Fossil Energy John P. Holdren, actions to implement a comprehensive safety strategy Harvard University Department of Earth and Plan- regarding Mexico’s truck and bus access, receiving etary Sciences, and Ernest J. Moniz, Massachusetts testimony from Norman Y. Mineta, Secretary, and Institute of Technology, former Under Secretary of Kenneth M. Mead, Inspector General, both of the Energy, both of Cambridge, Massachusetts; Robert Department of Transportation; Steve Vaughn, Cali- C. Richardson, Cornell University, Ithaca, New fornia Highway Patrol, Sacramento, on behalf of the York; H.M. Hubbard, Pacific International Center Commercial Vehicle Safety Alliance; James P. Hoffa, for High Technology Research, Lee’s Summit, Mis- International Brotherhood of Teamsters, Joan souri; Michael L. Corradini, University of Wisconsin Claybrook, Public Citizen, and Peter J. Pantuso, Department of Engineering Physics, Madison, on be- American Bus Association, all of Washington, D.C.; half of the Nuclear Energy Research Advisory Com- Duane W. Acklie, American Trucking Associations, mittee; Thomas B. Cochran, Natural Resources De- Alexandria, Virginia; and Edward M. Emmett, Na- fense Council, Washington, D.C.; Jacques Bouchard, D724 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 2001

French Atomic Energy Commission, Paris; and offshore tax havens to cooperate with U.S. efforts to Gregory R. Choppin, Florida State University De- stop tax evasion, the role of the Organization for partment of Chemistry, Tallahassee. Economic Cooperation and Development tax haven Hearings continue tomorrow. project in light of U.S. objectives, and the current RUSSIAN/NON-RUSSIAN REGIONS POLICY status of U.S. support for the project, in particular for the core element requiring information exchange, Committee on Foreign Relations: Committee held hear- after receiving testimony from Paul H. O’Neill, Sec- ings to examine the Putin administration policies to- retary of the Treasury; Michael Chertoff, Assistant ward the non-Russian regions of the Russian Federa- Attorney General, Criminal Division, Department of tion, receiving testimony from Steven L. Solnick, Co- Justice; Robert M. Morgenthau, Manhattan District lumbia University Department of Political Science, Attorney, New York, New York; and Donald C. Al- New York, New York; John B. Dunlop, Stanford exander and Sheldon S. Cohen, both of Washington, University, Stanford, California, on behalf of the D.C., both former Commissioners, Internal Revenue Hoover Institution on War, Revolution, and Peace; Service, Department of the Treasury. Marjorie M. Balzer, Georgetown University Center for Eurasian, Russian, and East European Studies, ERGONOMIC HAZARDS and Paul A. Goble, Radio Free Europe/Radio Lib- Committee on Health, Education, Labor, and Pensions: erty, Inc., both of Washington, D.C. Subcommittee on Employment, Safety and Training Hearings recessed subject to call. concluded hearings to examine the scope, cost, sub- CLIMATE CHANGE STRATEGY jective requirements, potential violation of State workers’ compensation laws, and the process of Oc- Committee on Governmental Affairs: Committee con- cupational Safety and Health Administration’s cluded hearings on S. 1008, to amend the Energy ergonomics standards, the protection of workers from Policy Act of 1992 to develop the United States Cli- ergonomic hazards in the workplace, including the mate Change Response Strategy with the goal of sta- legitimacy of ergonomics science, after receiving tes- bilization of greenhouse gas concentrations in the at- timony from Chris Spear, Assistant Secretary of mosphere at a level that would prevent dangerous Labor for Policy; Jeremiah A. Barondess, New York anthropogenic interference with the climate system, Academy of Medicine, on behalf of the National Re- while minimizing adverse short-term and long-term search Council Panel on Musculoskeletal Disorders economic and social impacts, aligning the Strategy and the Workplace, and Kenneth J. Harwood, Co- with United States energy policy, and promoting a lumbia University Program in Physical Therapy, on sound national environmental policy, to establish a behalf of the American Physical Therapy Association, research and development program that focuses on both of New York, New York; Donald L. Morelli, bold technological breakthroughs that make signifi- Ergonomics Consulting Service, San Carlos, Cali- cant progress toward the goal of stabilization of fornia; Carmen Hacht, IBP, Inc., Dakota City, Ne- greenhouse gas concentrations, and to establish the braska, on behalf of the United Food and Commer- National Office of Climate Change Response within cial Workers Local 222; Franklin E. Mirer, Inter- the Executive Office of the President, after receiving national Union, United Automobile, Aerospace and testimony from Senator Byrd; James E. Hansen, Agricultural Implement Workers of America, De- Head, Goddard Institute for Space Studies, National troit, Michigan; David C. Alexander, Auburn Engi- Aeronautics and Space Administration; Thomas R. neers, Inc., Auburn, Alabama; Connie M. Verhagen, Karl, Director, National Climatic Data Center, Na- Muskegon, Michigan, on behalf of the American tional Environmental Satellite Data and Information Dental Association; and Nancy Foley, South Hadley, Services, National Oceanic and Atmospheric Admin- Massachusetts. istration, Department of Commerce; Eileen Claussen, TRIBAL GOVERNANCE Pew Center on Global Climate Change, Arlington, Virginia; Dale E. Heydlauff, American Electric Committee on Indian Affairs: Committee concluded Power Company, Columbus, Ohio; and James A. Ed- oversight hearings on the relationship between In- monds, Battelle Memorial Institute, Jonathan Lash, dian tribal good governance practices and economic World Resources Institute, and Margo Thorning, development, after receiving testimony from Neal American Council for Capital Formation, all of McCaleb, Assistant Secretary of the Interior for In- Washington, D.C. dian Affairs; Susan Masten, National Congress of American Indians, Washington, D.C.; M. Brian OFFSHORE TAX HAVENS Cladoosby, Swinomish Indian Tribal Community, Committee on Governmental Affairs: Permanent Sub- Anacortes, Washington; Ardith Chambers, Grand committee on Investigations concluded hearings to Traverse Band of Ottawa and Chippewa Indians, examine past and current U.S. efforts to convince Peshabestown, Michigan; Andrew J. Lee, Harvard July 18, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D725

University John F. Kennedy School of Government NOMINATION Project on American Indian Economic Development, Committee on the Judiciary: Committee concluded Cambridge, Massachusetts; and Jerry Reynolds, First hearings on the nomination of James W. Ziglar, of Nations Development Institute, Fredericksburg, Vir- Mississippi, to be Commissioner of Immigration and ginia. Naturalization, Department of Justice, after the nominee, who was introduced by Senators Daschle, FBI MANAGEMENT REFORM Lott, and Cochran, testified and answered questions Committee on the Judiciary: Committee held hearings in his own behalf. to examine Federal Bureau of Investigation manage- INTELLIGENCE ment reform issues, including agency structure orga- nization, span of control, and internal employee in- Select Committee on Intelligence: Committee held closed vestigations, receiving testimony from Bob E. Dies, hearings on intelligence matters, receiving testimony Assistant Director, and Kenneth Senser, Deputy As- from officials of the intelligence community. sistant Director, both of the Information Resources Committee recessed subject to call. Division, John E. Roberts, Unit Chief, Office of Pro- LONG TERM CARE fessional Responsibility, Frank L. Perry, Supervisory Special Committee on Aging: Committee held to exam- Senior Resident Agent, Raleigh, North Carolina Of- ine long term care issues, focusing on costs and de- fice, and Patrick J. Kiernan, Supervisory Special mands including state initiatives to shift Medicaid Agent, Law Enforcement Ethics Unit, FBI Academy, services away from institutional care and toward all of the Federal Bureau of Investigation, Depart- community based services, receiving testimony from ment of Justice; Raymond W. Kelly, Bear Sterns, Vermont Governor Howard Dean, Montpelier; David New York, New York, former Under Secretary of W. Hood, Louisiana Department of Health and Hos- the Treasury for Enforcement/Commissioner of U.S. pitals, Baton Rouge; Ray Scheppach, National Gov- Customs; and John Werner, Blue Sky Enterprises, ernors Association, Washington, D.C.; and Richard Cary, North Carolina, former Supervising Agent, Browdie, Pennsylvania Department of Aging, Harris- Federal Bureau of Investigation, Department of Jus- burg, on behalf of the National Association of State tice. Units on Aging. Hearings recessed subject to call. Hearings recessed subject to call. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he appointed Representative Bills Introduced: 23 public bills, H.R. 2459, LaHood to act as Speaker pro tempore for today. 2540–2561; and 5 resolutions, H. Con. Res. Page H4117 187–188 and H. Res. 200–202, were introduced. Guest Chaplain: The prayer was offered by the Pages H4215–16 guest Chaplain, Rev. H. Warren Casiday, Emanuel Reports Filed: Reports were filed as follows: Reformed United Church of Christ of Thomasville, H.J. Res. 50, disapproving the extension of the North Carolina. Page H4117 waiver authority contained in section 402(c) of the Journal: The House agreed to the Speaker’s approval Trade Act of 1974 with respect to the People’s Re- of the Journal of Tuesday, July 17 by a yea-and-nay public of China (Adverse, H. Rept. 107–145); and vote of 372 yeas to 47 nays with 1 voting ‘‘present,’’ H. Res. 199, providing for consideration of H.R. Roll No. 236. Pages H4117, H4120–21 2506, making appropriations for foreign operations, export financing, and related programs for the fiscal No Child Left Behind Act—Go to Conference: year ending September 30, 2002, and for other pur- The House disagreed to the Senate amendment to H.R. 1, to close the achievement gap with account- poses (H. Rept. 107–146). Page H4215 ability, flexibility, and choice, so that no child is left behind and agreed to a conference by a yea-and-nay vote of 424 yeas to 5 nays, Roll No. 237. Appointed as conferees: Chairman Boehner and Representatives D726 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 2001 Petri, Roukema, McKeon, Castle, Graham, Hilleary, that prohibits funding for the implementation of the Isakson, George Miller of California, Kildee, Owens, Kyoto Protocol; Page H4161 Mink of Hawaii, Andrews, and Roemer. Jackson-Lee of Texas amendment No. 20 printed Pages H4121–30 in the Congressional Record of July 17 that pro- Agreed to table the Baldacci motion that sought hibits funding to disallow states from participating to instruct conferees to fully fund part B of the Indi- in voluntary child safety gun lock programs; viduals with Disabilities Act by a recorded vote of Page H4163 296 ayes to 126 noes, Roll No. 238. Pages H4129–30 Rohrabacher amendment No. 35 printed in the Commerce, Justice, State, and the Judiciary Ap- Congressional Record of July 17 that prohibits the propriations, 2002: The House passed H.R. 2500, Justice or State Departments from filing motions in making appropriations for the Departments of Com- any court opposing civil actions by American World merce, Justice, and State, the Judiciary, and related War II prisoners of war, used as slave or forced agencies for the fiscal year ending September 30, labor, against Japanese persons or corporations for 2002 by a yea-and-nay vote of 408 yeas to 19 nays, compensation or reparations. Earlier, a point of order Roll No. 248. The House began consideration of the raised against the Rohrabacher amendment was over- bill on July 17. Pages H4130–H4202 ruled by the Chairman of the Committee of the Agreed To: Whole (agreed to by a recorded vote of 395 ayes to Maloney of New York amendment No. 27 printed 33 noes, Roll No. 243); Pages H4168–72, H4195 in the Congressional Record of July 17 that makes Rejected: available $2.5 million from Bureau of Census pro- Maloney of New York amendment No. 29 printed gram funding to plan for the counting of Americans in the Congressional Record of July 17 that sought living abroad in the 2010 decennial census; to make available $500,000 from Bureau of Census Pages H4132–33 program funding to produce a separate report on the Vela´zquez amendment No. 39 printed in the Con- data collected on the homeless during the 2000 cen- gressional Record of July 17 that increases Small sus (rejected by a recorded vote of 209 ayes to 217 Business Administration funding by $17 million for noes, Roll No. 239); Pages H4133–36, H4164 the 7(a) business loan, Prime, and Business Link pro- grams with offsets from Commerce and State De- Maloney of New York amendment No. 28 printed in the Congressional Record of July 17 that sought partment administrative accounts; Pages H4142–47 DeLay amendment No. 17 printed in the Con- to make available $2 million from Bureau of Census gressional Record of July 17 that prohibits the pay- program funding to create a report that augments ment of any compensation to the People’s Republic Hispanic origin data from the 2000 census (rejected of China for reimbursement of the costs associated by a recorded vote of 215 ayes to 215 noes, Roll No. with the detention of the crew members of the Navy 240); Pages H4137–41, H4164–65 EP–3 aircraft or costs associated with the return of Jackson-Lee of Texas amendment No. 21 printed the aircraft to the United States (agreed to by a re- in the Congressional Record of July 17 that sought corded vote of 424 ayes to 6 noes, Roll No. 241); to prohibit the deportation of aliens for convictions Pages H4147–49, H4165–66 of crimes if specified plea agreements were executed Traficant amendment No. 38 printed in the Con- before April 1, 1997 or if discretionary relief under gressional Record of July 17 that prohibits funding section 212(c) of the Immigration and Nationality to any person or entity that has been convicted of Act was requested after June 25, 2001 (rejected by violating the Buy American Act; Pages H4155–58 a recorded vote of 189 ayes to 242 noes, Roll No. Oxley amendment No. 34 printed in the Congres- 242); Pages H4162–63, H4166 sional Record of July 17 that strikes language in Moran of Virginia amendment No. 30 printed in order to reduce SEC fees in a comprehensive manner the Congressional Record of July 17 that sought to consistent with H.R. 1088, Investor and Capital prohibit the destruction of FBI records from the na- Markets Fee Relief Act, as passed the House; tional instant criminal background check system Pages H4158–59 within 90 days after the date the record is created Manzullo amendment No. 5 printed in the Con- (rejected by a recorded vote of 161 ayes to 268 noes, gressional Record of July 16 that increases Small Roll No. 244); Pages H4172–75, H4196 Business Investment Corporation loan guarantee Paul amendment No. 6 printed in the Congres- commitments from $4.1 billion to the levels estab- sional Record of July 16 that sought to prohibit any lished by section 20(h)(1)(C) of the Small Business funding for United States contributions to the Act; Pages H4159–61 United Nations or any affiliated agency (rejected by Olver amendment No. 33 printed in the Congres- a recorded vote of 62 ayes to 364 noes, Roll No. sional Record of July 17 that strikes Section 623 245); Pages H4175–77, H4196–97 July 18, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D727 Paul amendment No. 7 printed in the Congres- Jackson-Lee of Texas amendment No. 19 printed sional Record of July 16 that sought to prohibit any in the Congressional Record of July 17 that sought funding for United States contributions for United to make available $7.8 million to the State Depart- Nations peacekeeping operations (rejected by a re- ment for legal representation for parents who are corded vote of 71 ayes to 359 noes, Roll No. 246); seeking the return of children abducted to or from and Pages H4177–78, H4197–98 the United States under the Hague Convention on Waters amendment No. 12 printed in the Con- the Civil Aspects of International Child Abduction; gressional Record of July 16 that sought to prohibit Pages H4153–55 United States Trade Representative funding to ini- Jackson-Lee of Texas amendment No. 25 printed tiate a proceeding in the WTO pursuant to any pro- in the Congressional Record of July 17 that sought vision of the Agreement of Trade-Related Aspects of to make available $20 million to the INS for an al- Intellectual Property Rights challenging any law of ternative detention program for aliens who are not a country that is not a member of the Organization a danger to the community and are not likely to ab- for Economic Cooperation and Development (rejected scond; Pages H4161–62 by a recorded vote of 123 ayes to 306 noes, Roll No. Waters amendment No. 10 printed in the Con- 247). Pages H4181–87, H4198 Withdrawn: gressional Record of July 16 that sought to prohibit Hastings of Florida amendment No. 18 printed in United States Trade Representative funding to ini- the Congressional Record of July 17 was offered but tiate a proceeding in the WTO challenging any law subsequently withdrawn that sought to make avail- or policy of a developing country that promotes ac- able $250,000 for a grant to the city of Pahokee, cess to HIV/AIDS pharmaceuticals or medical tech- Florida to assist in the dredging on the city marina; nologies to the country; Pages H4178–79 Pages H4136–37 Kucinich amendment No. 11 printed in the Con- Roemer amendment No. 8 printed in the Con- gressional Record of July 16 that sought to prohibit gressional Record of July 16 was offered but subse- United States Trade Representative funding to ini- quently withdrawn that sought to designate the De- tiate a proceeding in the WTO pursuant to any pro- partment of Justice building as the ‘‘Robert F. Ken- vision of the Agreement of Trade-Related Aspects of nedy Department of Justice Building;’’ Intellectual Property Rights challenging any law of Pages H4152–53 a country that is not a member of the Organization Hinchey amendment No. 3 printed in the Con- for Economic Cooperation and Development relating gressional Record of July 16 was offered but subse- to HIV/AIDS pharmaceuticals; and Pages H4179–81 quently withdrawn that sought to prohibit the Jus- Wu amendment No. 40 printed in the Congres- tice Department from interfering with the imple- sional Record of July 17 that sought to prohibit mentation of laws in Alaska, Arizona, California, funding to process applications under the Immigra- Colorado, Hawaii, Maine, Nevada, Oregon, or Wash- tion and Nationality Act or any other immigration ington that authorize the use of medical marijuana law submitted by or on behalf of an alien who has in those States; Pages H4189–93 been involved in the harvesting of organs from exe- Bartlett amendment No. 14 printed in the Con- cuted prisoners who did not consent to such har- gressional Record of July 17 was offered but subse- vesting. Pages H4187–89 quently withdrawn that sought to prohibit any fund- H. Res. 192, the rule that provided for consider- ing to implement recommendations adopted at the ation of the bill was agreed to on July 17. United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects; Senate Messages: Message received from the Senate and Pages H4193–94 today appears on page H4117. Delahunt amendment No. 16 printed in the Con- Amendments: Amendments ordered printed pursu- gressional Record of July 17 was offered but subse- ant to the rule appear on pages H4217–19. quently withdrawn that sought to prohibit any fund- Quorum Calls—Votes: Three yea-and-nay votes ing after December 15, 2001 for the operation of the and ten recorded votes developed during the pro- Office of Independent Counsel in the investigation designated ‘‘In re: Henry G. Cisneros.’’ ceedings of the House today and appear on pages H4120–21, H4129, H4129–30, H4164, H4165, Pages H4194–95 Point of Order Sustained Against: H4165–66, H4166, H4195, H4196, H4196–97, Herger amendment No. 1 printed in the Congres- H4197–98, H4198, and H4201–02. There were no sional Record of July 16 that sought to provide quorum calls. compensation to the water users of the Klamath Adjournment: The House met at 10 a.m. and ad- Basin Reclamation Project; Pages H4149–52 journed at 11:56 p.m. D728 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 2001 Army National Guard; and Maj. Gen. Paul A. Wea- Committee Meetings ver, Jr., USAF, Director, Air National Guard. DRAFT FARM BILL CONCEPT Committee on Agriculture: Continued hearings to re- MISCELLANEOUS MEASURES view Draft Farm Bill Concept. Testimony was heard Committee on Energy and Commerce: Began markup of from public witnesses. the Energy Advancement and Conservation Act of Hearings continue tomorrow. 2001. Ordered reported the following: H.R. 2441, to NO SCHOOL LEFT BEHIND ACT—SENATE SCHOOL PESTICIDE PROVISION amend the Public Health Service Act to redesignate a facility as the National Hansen’s Disease Programs Committee on Agriculture: Subcommittee on Depart- Center; H.R. 717, Duchenne Muscular Dystrophy ment Operations, Oversight, Nutrition and Forestry Childhood Assistance, Research and Education held a hearing to review school pesticide provision Amendments of 2001; H.R. 943, amended, Flu Vac- included in Senate amendment to H.R. 1, No Child cine Availability Act of 2001; H. Con. Res. 61, ex- Left Behind Act of 2001. Testimony was heard from pressing support for a National Reflex Sympathetic public witnesses. Dystrophy (RSD) Awareness Month; H. Con. Res. NATIONAL DEFENSE AUTHORIZATION 36, urging increased Federal funding for juvenile BUDGET REQUEST (Type 1) Diabetes research; H. Con. Res. 25, ex- pressing the Sense of the Congress regarding Tuber- Committee on Armed Services: Concluded hearings on ous Sclerosis; and H. Con. Res. 84; supporting the the Fiscal Year 2002 National Defense Authorization goals of Red Ribbon Week in promoting drug-free Budget Request. Testimony was heard from the fol- communities. lowing officials of the Department of the Amy: Thomas E. White, Secretary; and Gen. Eric K. MONETARY POLICY—STATE OF THE Shinseki, Chief of Staff. ECONOMY NATIONAL DEFENSE AUTHORIZATION Committee on Financial Services: Held a hearing on BUDGET REQUEST Monetary Policy and the State of the Economy. Tes- Committee on Armed Services: Subcommittee on Mili- timony was heard from Alan Greenspan, Chairman, tary Personnel held a hearing on the Fiscal Year Board of Governors, Federal Reserve System. 2002 National Defense Authorization Budget re- quest. Testimony was heard from officials of the De- CONGRESSIONAL INQUIRIES—CIA’S partment of Defense: David S.C. Chu, Under Sec- RESISTANCE retary, Personnel and Readiness; Rear Adm. J. Committee on Government Reform: Subcommittee on Jarrett Clinton, USN, U.S. Public Health Service, Government Efficiency, Financial Management and Acting Assistant Secretary, Health Affairs; Lt. Gen. Timothy J. Maude, USA, Deputy Chief of Staff, Per- Intergovernmental Relations and the Subcommittee sonnel and Lt. Gen. James B. Peake, USA, Surgeon on National Security, Veterans’ Affairs and Inter- General, both with the Department of the Army; national Relations held a joint hearing on ‘‘Is the Vice Adm. Norbert R. Ryan, Jr., USN, Chief of CIA’s refusal to cooperate with Congressional inquir- Naval Personnel, Vice Adm. Richard A. Nelson, ies a threat to effective oversight of the operations USA, Surgeon General, and Lt. Gen. Garry L. Parks, of the Federal Government?’’ Testimony was heard USMC, Deputy Commandant, Manpower and Re- from Henry L. Hinton, Jr., Managing Director, De- serve Affairs, U.S. Marine Corps, all with the De- fense Capabilities and Management, GAO; R. James partment of the Navy; Lt. Gen. Donald L. Peterson, Woolsey, former Director, CIA; former Representa- USAF, Deputy Chief of Staff; and Lt. Gen. Paul K. tive Lee Hamilton of Indiana and former Chairman, Carlton, Jr., Surgeon General, both with the Depart- House Permanent Select Committee on Intelligence; ment of the Air Force; Lt. Gen. Russell Davis, and public witnesses. USAF, Chief, National Guard Bureau; Lt. Gen. Thomas J. Plewes, USA, Chief, U.S. Army Reserve; INDONESIA IN TRANSITION Vice Adm. John B. Totushek, USN, Chief, U.S. Committee on International Relations: Subcommittee on Naval Reserve; Lt. Gen. James E. Sherrard III, East Asia and the Pacific held a hearing on Indonesia USAF, Chief, Air Force Reserve and Commander, in Transition: Implication for U.S. Interests. Testi- Air Force Reserve Command; Lt. Gen. Dennis M. mony was heard from Ralph L. Boyce, Deputy As- McCarthy, USMC, Commander, Marine Forces Re- sistant Secretary, Bureau of East Asian and Pacific serve; Lt. Gen. Roger C. Schultz, USA, Director, Affairs, Department of State. July 18, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D729

SILENCING CENTRAL ASIA COMPREHENSIVE ENERGY RESEARCH AND Committee on International Relations: Subcommittee on TECHNOLOGY ACT; VOTING TECHNOLOGY International Operations and Human Rights, and STANDARDS ACT the Subcommittee on the Middle East and South Committee on Science: Ordered reported, as amended, Asia held a joint hearing on Silencing Central Asia: the following bills: H.R. 2460, Comprehensive En- the Voice of Dissidents. Testimony was heard from ergy Research and Technology Act of 2001; and the following officials of the Department of State: H.R. 2275, Voting Technology Standards Act of Michael E. Parmly, Principal Deputy Assistant Sec- 2001. retary, Bureau of Democracy, Human Rights, and DIRECT GOVERNMENT COMPETITION Labor; and William B. Taylor, Coordinator, U.S. As- WITH PRIVATE SECTOR SMALL sistance to the New Independent States; and public BUSINESSES witnesses. Committee on Small Business: Held a hearing entitled ‘‘A Review of Direct Government Competition with INTERNET TAX MORATORIUM AND Private Sector Small Businesses.’’ Testimony was EQUITY ACT heard from Arthur Hamerschlag, Deputy Chief Fi- Committee on the Judiciary: Subcommittee on Com- nancial Officer, Veterans Health Administration, De- mercial and Administrative Law held a hearing on partment of Veterans Affairs; Michael Spates, Man- H.R. 1410, Internet Tax Moratorium and Equity ager, Delivery Options, U.S. Postal Service; and pub- Act. Testimony was heard from Representative lic witnesses. Istook; and public witnesses. MISCELLANEOUS MEASURES; COMMITTEE BUSINESS FOREIGN OPERATIONS, EXPORT Committee on Transportation and Infrastructure: Ordered FINANCING AND RELATED PROGRAMS reported the following bills: H.R. 2481, amended, APPROPRIATIONS Omnibus Maritime Improvements Act of 2001; Committee on Rules: Granted, by voice vote, a modi- H.R. 2501, Appalachian Regional Development Re- fied open rule providing 1 hour of debate on H.R. authorization Act of 2001; and H.R. 988, to des- 2506, making appropriations for foreign operations, ignate the United States courthouse located at 40 export financing, and related programs for the fiscal Centre Street in New York, New York, as the year ending September 30, 2002. The rule waives ‘‘Thurgood Marshall United States Courthouse.’’ points of order against consideration of the bill for The Committee also approved 47 public building failure to comply with clause 4 of rule XIII (requir- resolutions and other pending Committee business. ing a three-day layover of the committee report and OVERSIGHT—NAFTA requiring the three-day availability of printed hear- ings on a general appropriations bill). The rule pro- Committee on Transportation and Infrastructure: Sub- vides that the amendment printed in the report of committee on Highways and Transit held an over- sight hearing on NAFTA: Arbitration Panel Deci- the Committee on Rules accompanying the resolu- sion and Safety Issues with Regard to Opening the tion shall be considered as adopted in the House and U.S./Mexican Border to Motor Carriers. Testimony in the Committee of the Whole. The rule waives was heard from the following officials of the Depart- points of order against provisions in the bill as ment of Transportation: Norman E. Mineta, Sec- amended for failure to comply with clause 2 of rule retary; and Kenneth M. Mead, Inspector General; XXI (prohibiting unauthorized or legislative provi- Peter F. Allgeier, Deputy U.S. Trade Representative; sions in a general appropriations bill or prohibiting Henry Cuellar, Secretary of State, Texas; and public reappropriations in a general appropriations bill), ex- witnesses. cept as specified in the rule. The rule makes in order only those amendments ENERGY TAX POLICY ACT printed in the Congressional Record and pro forma Committee on Ways and Means: Ordered reported, as amendments for the purpose of debate. The rule pro- amended, H.R. 2511, Energy Tax Policy Act of vides that each amendment printed in the Congres- 2001. sional Record may be offered only by the Member f who caused it to be printed or his designee, and that each amendment shall be considered as read. Finally, NEW PRIVATE LAW the rule provides one motion to recommit with or S. 560, for the relief of Rita Mirembe Revell without instructions. Testimony was heard from (a.k.a. Margaret Rita Mirembe). Signed on July 17, Representatives Kolbe, Lowey and Pelosi. 2001. (Private Law 107–1) D730 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 2001 COMMITTEE MEETINGS FOR THURSDAY, Committee on Foreign Relations: to hold hearings to exam- JULY 19, 2001 ine Mexico City policy and the effects of restrictions on international family planning funding, 10 a.m., SD–419. (Committee meetings are open unless otherwise indicated) Full Committee, to hold hearings on the nomination of Stuart A. Bernstein, of the District of Columbia, to be Senate Ambassador to Denmark; the nomination of Michael E. Committee on Agriculture, Nutrition, and Forestry: to hold Guest, of South Carolina, to be Ambassador to Romania; hearings to elicit suggestions for the nutrition title of the the nomination of Charles A. Heimbold, Jr., of Con- next federal farm bill, 10 a.m., SR–328A. necticut, to be Ambassador to Sweden; the nomination of Committee on Appropriations: Subcommittee on VA, Thomas J. Miller, of Virginia, to be Ambassador to HUD, and Independent Agencies, business meeting to Greece; the nomination of Larry C. Napper, of Texas, to mark up proposed legislation making appropriations for be Ambassador to the Republic of Kazakhstan; the nomi- the Departments of Veterans Affairs and Housing and nation of Jim Nicholson, of Colorado, to be Ambassador Urban Development, and for sundry independent agen- to the Holy See; and the nomination of Mercer Reynolds, cies, boards, commissions, corporations, and offices for the of Ohio, to be Ambassador to Switzerland, and to serve fiscal year ending September 30, 2002, 9 a.m., S–128, concurrently and without additional compensation as Capitol. Ambassador to the Principality of Liechtenstein, 2:30 Full Committee, business meeting to mark up pro- p.m., SD–419. posed legislation making appropriations for the Depart- Committee on the Judiciary: business meeting to consider ments of Commerce, Justice, and State, the Judiciary, and the nomination of Ralph F. Boyd, Jr., of Massachusetts, to be an Assistant Attorney General, Civil Rights Divi- related agencies for the fiscal year ending September 30, sion, the nomination of Robert D. McCallum, Jr., of 2002, and proposed legislation making appropriations for Georgia, to be an Assistant Attorney General, Civil Divi- the Departments of Veterans Affairs and Housing and sion, and the nomination of Eileen J. O’Connor, of Mary- Urban Development, and for sundry independent agen- land, to be an Assistant Attorney General, Tax Division, cies, boards, commissions, corporations, and offices for the all of the Department of Justice; the nomination of Roger fiscal year ending September 30, 2002, 2 p.m., S–128, L. Gregory, of Virginia, to be United States Circuit Capitol. Judge for the Fourth Circuit; the nominations of Richard Committee on Armed Services: to resume hearings on pro- F. Cebull and Sam E. Haddon, each of Montana, to be posed legislation authorizing funds for fiscal year 2002 a United States District Judge for the District of Mon- for the Department of Defense and the Future Years De- tana; S. 625, to provide Federal assistance to States and fense Program, focusing on ballistic missile defense poli- local jurisdictions to prosecute hate crimes; S. 407, to cies and programs, 9:30 a.m., SH–216. amend the Trademark Act of 1946 to provide for the reg- Subcommittee on Airland, to hold hearings on pro- istration and protection of trademarks used in commerce, posed legislation authorizing funds for fiscal year 2002 in order to carry out provisions of certain international for the Department of Defense and the Future Years De- conventions; S. 778, to expand the class of beneficiaries fense Program, focusing on Army modernization and who may apply for adjustment of status under section transformation, 2:30 p.m., SR–222. 245(i) of the Immigration and Nationality Act by extend- Committee on Banking, Housing, and Urban Affairs: to ing the deadline for classification petition and labor cer- hold hearings on the nomination of Harvey Pitt, of North tification filings; S. 754, to enhance competition for pre- Carolina, to be a Member of the Securities and Exchange scription drugs by increasing the ability of the Depart- Commission, 10 a.m., SD–538. ment of Justice and Federal Trade Commission to enforce Committee on Energy and Natural Resources: to hold hear- existing antitrust laws regarding brand name drugs and ings on proposals related to removing barriers to distrib- generic drugs; S. Res. 16, designating August 16, 2001, uted generation, renewable energy and other advanced as ‘‘National Airborne Day’’; and S. Con. Res. 16, ex- technologies in electricity generation and transmission, pressing the sense of Congress that the George Wash- including Section 301 and Title VI of S. 597, the Com- ington letter to Touro Synagogue in Newport, Rhode Is- prehensive and Balanced Energy Policy Act of 2001; Sec- land, which is on display at the B’nai B’rith Klutznick tions 110, 111, 112, 710, and 711 of S. 388, the Na- National Jewish Museum in Washington, D.C., is one of tional Energy Security Act of 2001; S. 933, the Com- the most significant early statements buttressing the nas- bined Heat and Power Advancement Act of 2001; hydro- cent American constitutional guarantee of religious free- electric relicensing procedures of the Federal Energy Reg- dom, 10 a.m., SD–226. ulatory Commission, including Title VII of S. 388, Title Committee on Small Business and Entrepreneurship: to hold VII of S. 597; and S. 71, the Hydroelectric Licensing hearings on the nomination of Hector V. Barreto, Jr., of Process Improvement Act of 2001, 9:30 a.m., SD–366. California, to be Administrator of the Small Business Ad- Subcommittee on Water and Power, to hold hearings ministration; and to hold a business meeting to mark up on S. 976, to provide authorization and funding for the pending calendar business, 9:30 a.m., SR–428A. enhancement of ecosystems, water supply, and water qual- Committee on Veterans’ Affairs: to hold hearings to exam- ity of the State of California, 2:30 p.m., SD–366. ine S. 739, to amend title 38, United States Code, to im- Committee on Finance: to hold hearings to examine trade prove programs for homeless veterans; and other pending adjustment assistance issues, 9:30 a.m., SD–215. health care related legislation, 1 p.m., SR–418. July 18, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D731 House bills: H.R. 1230, Detroit River International Wildlife Refuge Establishment Act; and H.R. 2062, to extend the Committee on Agriculture, to continue hearings to review Draft Farm Bill Concept, 9:30 a.m., 1300 Longworth. effective period of the consent of Congress to the inter- Committee on Appropriations, Subcommittee on Legisla- state compact relating to the restoration of Atlantic salm- tive, to mark up appropriations for fiscal year 2002, 10 on to the Connecticut River Basin and creating the Con- a.m., H–144 Capitol. necticut River Atlantic Salmon Commission, 10 a.m., to Committee on Armed Services, hearing on national missile be followed by a hearing to oversee the Western Alaska defense, 9:30 a.m., 2118 Rayburn. and Western Pacific Community Development Quota Committee on the Budget, hearing on Federal Budget Programs, and on H.R. 553, Western Alaska Community Process Structural Reform, 10 a.m., 210 Cannon. Development Quota Program Implementation Improve- Committee on Energy and Commerce, to continue markup ment Act of 2001, 11 a.m., 1324 Longworth. of the Energy Advancement and Conservation Act of Subcommittee on National Parks, Recreation, and Pub- 2001, 9 a.m., 2123 Rayburn. lic Lands, oversight hearing on the detrimental effects of Committee on Financial Services, Subcommittee on Hous- Mormon crickets, and other grasshoppers, to the Great ing and Community Opportunity, hearing on National Basin area of the United States, 10 a.m., 1334 Long- Flood Insurance program and repetitive loss properties in- worth. cluding the following bills: H.R. 1428, Two Floods and Committee on Science, Subcommittee on Space and Aero- You Are Out of the Taxpayers’ Pocket Act of 2001; and nautics, hearing on Developing the Next Generation Air H.R. 1551, Repetitive Flood Loss Reduction Act of Traffic Management System, 2 p.m., 2318 Rayburn. 2001, 10 a.m., 2128 Rayburn. Committee on Small Business, Subcommittee on Work- Committee on Government Reform, hearing on ‘‘The Bene- force, Empowerment and Government Programs, hearing fits of Audio-Visual Technology in Addressing Racial on proposed legislation to increase the extent and scope Profiling,’’ 10 a.m., 2154 Rayburn. of services provided by Small Business Development Cen- Committee on the Judiciary, to mark up the following bills: H.R. 2175, Born-Alive Infants Protection Act of ters, 10 a.m., 311 Cannon. 2001; H.R. 2047, Patent and Trademark Office Author- Committee on Transportation and Infrastructure, Sub- ization Act of 2002; H.R. 2048, to require a report on committee on Water Resources and Environment, over- the operations of the State Justice Institute; H.R. 2278, sight hearing on Strategies to Address Contaminated to provide for work authorization for nonimmigrant Sediments, 9:30 a.m., 2167 Rayburn. spouses of intracompany transferees, and to reduce the pe- Committee on Veterans’ Affairs, to mark up H.R. 2540, riod of time during which certain intracompany trans- Veterans Benefits Act of 2001, 9 a.m., 334 Cannon. ferees have to be continuously employed before applying Committee on Ways and Means, hearing on the Adminis- for admission to the United States; H.R. 2277, to provide tration’s Principles to Strengthen and Modernize Medi- for work authorization for nonimmigrant spouses of treaty care, 10 a.m., 1100 Longworth. traders and treaty investors; and H.R. 1840, to extend Subcommittee on Oversight, hearing on Deceptive eligibility for refugee status of unmarried sons and Mailing Concerning Tax Refunds, 2 p.m., B–318 Ray- daughters of certain Vietnamese refugees, 10 a.m., 2141 burn. Rayburn. Permanent Select Committee on Intelligence, executive, hear- Subcommittee on Crime, to mark up the following ing on Department of State Budget Issues, 2 p.m., bills: H.R. 2505, Human Cloning Prohibition Act of H–405 Capitol. 2001; and H.R. 1007, James Guelff Body Armor Act of 2001, following full Committee markup, 2141 Rayburn. Joint Meetings Subcommittee on Immigration and Claims, oversight hearing on ‘‘The U.S. Population and Immigration,’’ 2 Conference: meeting of conferees on H.R. 1, to close the p.m., 2237 Rayburn. achievement gap with accountability, flexibility, and Committee on Resources, Subcommittee on Fisheries Con- choice, so that no child is left behind, 3 p.m., 2175 Ray- servation, Wildlife and Oceans, to mark up the following burn Building. D732 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, July 19 10 a.m., Thursday, July 19

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 7, Com- ation of H.R. 2311, Energy and Water Development Ap- munity Solutions Act (modified closed rule, one hour of propriations. general debate); Also, Senate may consider several nominations and the Consideration of H.J. Res. 50, Disapproving Normal Transportation Appropriations Act. Trade Relations with the People’s Republic of China (unanimous consent, two hours of general debate); and Consideration of H.R. 2506, Foreign Operations Ap- propriations Act for Fiscal Year 2002 (modified open rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E1358 Moore, Dennis, Kansas, E1363, E1365, E1367 Granger, Kay, Tex., E1352 Ney, Robert W., Ohio, E1349 Baca, Joe, Calif., E1357 Horn, Stephen, Calif., E1361 Norton, Eleanor Holmes, D.C., E1349, E1350 Ballenger, Cass, N.C., E1362 Jones, Stephanie Tubbs, Ohio, E1359 Olver, John W., Mass., E1359 Barr, Bob, Ga., E1355 Kaptur, Marcy, Ohio, E1349 Ose, Doug, Calif., E1351, E1352, E1366 Bereuter, Doug, Nebr., E1360 King, Peter T., N.Y., E1361 Owens, Major R., N.Y., E1359 Berry, Marion, Ark., E1364 Kucinich, Dennis J., Ohio, E1350 Paul, Ron, Tex., E1363 Burton, Dan, Ind., E1355 LaFalce, John J., N.Y., E1356 Radanovich, George, Calif., E1361 Capuano, Michael E., Mass., E1362 LaHood, Ray, Ill., E1362 Rangel, Charles B., N.Y., E1359 Clyburn, James E., S.C., E1351, E1352, E1354 Largent, Steve, Okla., E1365 Riley, Bob, Ala., E1361 Conyers, John, Jr., Mich., E1366 LaTourette, Steve C., Ohio, E1350 Shaw, E. Clay, Jr., Fla., E1355 Costello, Jerry F., Ill., E1352 Lofgren, Zoe, Calif., E1349 Skelton, Ike, Mo., E1361 Crane, Philip M., Ill., E1358 McCollum, Betty, Minn., E1362 Towns, Edolphus, N.Y., E1353 Deutsch, Peter, Fla., E1360 McInnis, Scott, Colo., E1350, E1351, E1353, E1354, Traficant, James A., Jr., Ohio, E1354 Farr, Sam, Calif., E1353 E1355, E1357, E1358, E1359, E1360 Udall, Tom, N.M., E1351 Gilman, Benjamin A., N.Y., E1366 McKinney, Cynthia A., Ga., E1355 Visclosky, Peter J., Ind., E1364 Goodlatte, Bob, Va., E1349 Menendez, Robert, N.J., E1364 Vitter, David, La., E1349

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $197.00 for six months, $393.00 per year, or purchased for $4.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.