Congressional Record United States of America PROCEEDINGS and DEBATES of the 107Th CONGRESS, FIRST SESSION

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

Vol. 147 WASHINGTON, FRIDAY, DECEMBER 14, 2001 No. 174 Senate The Senate met at 9:30 a.m. and was Senate to work without easing for that RECOGNITION OF THE ACTING called to order by the Honorable MARK justice which brings true and lasting MAJORITY LEADER peace. Glory and praise to You, for ever DAYTON, a Senator from the State of The ACTING PRESIDENT pro tem- and ever. Minnesota. pore. The Senator from Minnesota is The PRESIDING OFFICER. Today’s f recognized. prayer will be offered by our guest PLEDGE OF ALLEGIANCE Chaplain, Father Paul Lavin, Pastor of f St. Joseph’s on Capitol Hill. The Honorable MARK DAYTON led the Pledge of Allegiance, as follows: PRAYER I pledge allegiance to the Flag of the SCHEDULE The guest Chaplain offered the fol- United States of America, and to the Repub- lic for which it stands, one nation under God, Mr. WELLSTONE. Mr. President, lowing prayer: indivisible, with liberty and justice for all. speaking on behalf of the leader, we ex- Let us listen to the word of the Lord f pect several amendments to be offered given us by David in Psalm 140: and debated today. No rollcall votes ‘‘Deliver me, O Lord, from evil men; APPOINTMENT OF ACTING will occur today. The next rollcall vote preserve me from violent men, From PRESIDENT PRO TEMPORE will occur on Tuesday at approxi- those who devise evil in their hearts, The PRESIDING OFFICER. The mately 11 a.m. on the adoption of the and stir up wars every day. clerk will please read a communication ESEA conference report. ‘‘Save me, O Lord, from the hands of to the Senate from the President pro the wicked; preserve me from violent tempore (Mr. BYRD). f men Who plan to trip up my feet—the The legislative clerk read the fol- proud who have hidden a trap for me; lowing letter: AGRICULTURE, CONSERVATION, They have spread cords for a net; by U.S. SENATE, AND RURAL ENHANCEMENT ACT the wayside they have laid snares for PRESIDENT PRO TEMPORE, OF 2001 me. Washington, DC, December 14, 2001. ‘‘Grant not, O Lord, the desires of the To the Senate: The ACTING PRESIDENT pro tem- wicked; further not their plans. Those Under the provisions of rule I, paragraph 3, pore. Under the previous order, the who surround me lift up their heads; of the Standing Rules of the Senate, I hereby Senate will now resume consideration may the mischief which they threaten appoint the Honorable MARK DAYTON, a Sen- of S. 1731, which the clerk will report. ator from the State of Minnesota, to perform overwhelm them. the duties of the Chair. The legislative clerk read as follows: ‘‘I know that the Lord renders justice ROBERT C. BYRD, A bill (S. 1731) to strengthen the safety net to the afflicted, judgment to the poor. President pro tempore. for agricultural producers, to enhance re- Surely the just shall give thanks to Mr. DAYTON thereupon assumed the source conservation and rural development, your name; the upright shall dwell in chair as Acting President pro tempore. to provide for farm credit, agricultural research, nutrition, and related programs, to your presence.’’ f Let us pray. ensure consumers abundant food and fiber, God our Father, You reveal that RESERVATION OF LEADER TIME and for other purposes. those who work for peace will be called The ACTING PRESIDENT pro tem- Pending: Your children. Help the men and pore. Under the previous order, the Daschle (for Harkin) Amendment No. 2471, women who serve in the United States leadership time is reserved. in the nature of a substitute.

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VerDate 10-DEC-2001 04:52 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A14DE6.000 pfrm02 PsN: S14PT1 S13246 CONGRESSIONAL RECORD — SENATE December 14, 2001 Smith of New Hampshire Amendment No. Finally, on payments, the amend- EQIP for large confined animal feeding 2596 (to Amendment No. 2471), to provide for ment doubles the current annual pay- operations. That was the 1,000-animal Presidential certification that the government limitation for EQIP, which I unit limit that has existed under the ment of Cuba is not involved in the support would rather not do. The amendment for acts of international terrorism as a con- farm bill since that time. I offered that dition precedent to agricultural trade with increases the annual payment from amendment in 1996 because of the spe- Cuba. $10,000 to $20,000, and doubles the cur- cial environmental concerns associated Torricelli Amendment No. 2597 (to Amend- rent payment limit per 5-year contract with these large operations. ment No. 2596), to provide for Presidential from $50,000 to $100,000 while retaining certification that all convicted felons who the current law waiver authority for CAFOs, as they are called, confined are living as fugitives in Cuba have been re- the annual limitation at the discretion animal feeding operations, CAFOs, turned to the United States prior to the of USDA. The committee bill, by con- these are operations of greater than amendments relating to agricultural trade 1,000 animal units. What that means— with Cuba becoming effective trast, increases the cap of $50,000 and Daschle motion to reconsider the vote also a 3-year cap of $150,000. that is 455,000 broilers, 4,000 head of (Vote 368) by which the motion to close fur- My colleagues should know that the veal, 5,400 head of swine of an average ther debate on Daschle (for Harkin) Amend- current average EQIP contract for ani- weight of 185 pounds—these numbers ment No. 2471 (listed above) failed. mal waste structures is approximately are for the average number of livestock The ACTING PRESIDENT pro tem- $13,000. So this amendment would not confined for 45 days over a 12-month pore. Under the previous order, the sen- affect the majority of those producers period. So it is not 5,400 swine for the ior Senator from Minnesota is recog- who receive and need assistance from year. It is how many are confined for 45 nized to offer an amendment. this program. We are really talking days in any 12-month period. It could AMENDMENT NO. 2602 TO AMENDMENT NO. 2471 about the very largest of operations be double or triple that number of hogs Mr. WELLSTONE. I send an amend- here. And don’t forget the existing over the year. That is a lot of animals. ment to the desk. CAFOs around the country would not The ACTING PRESIDENT pro tem- be affected, this amendment only ap- Again, these are large operations. pore. The clerk will report. plies to new or expanding CAFOs. Over the last several years we have The legislative clerk read as follows: I have summarized this amendment. seen an increase in the development The Senator from Minnesota [Mr. It deals with a growing problem in ag- and enforcement of Federal, State, and WELLSTONE] proposes an amendment num- riculture; that is to say, the concentra- local environmental laws regulating bered 2602 to amendment No. 2471. tion in the livestock sector, the envi- waste from animal feeding operations. Mr. WELLSTONE. Mr. President, I ronmental pollution, and, frankly, Fed- I believe we need to help producers ask unanimous consent reading of the eral subsidies that go to these large comply or avoid the need for regula- amendment be dispensed with. farming operations and encourage yet tions. We should provide cost-share The ACTING PRESIDENT pro tem- more consolidation and more big busi- funds to these existing CAFOs to build pore. Without objection, it is so or- ness and, in this particular case, more structures that will contain waste to dered. environmental destruction. protect water quality and to protect (The text of the amendment is print- The amendment is simple. It says we the environment generally. However, ed in today’s RECORD under ‘‘Amend- in the Congress should, and will, work EQIP money was never designed to sub- ments Submitted.’’) to help alleviate the environmental sidize the expansion of livestock oper- Mr. WELLSTONE. Mr. President, I and public health threats posed by ations. will be very brief in the summary of these large-scale animal factories. this amendment. This amendment re- However—I emphasize that word, The underlying bill allows the use of stricts new or expanding large confined ‘‘however’’—Congress should not be cost-share funds for all existing oper- animal feeding operation, CAFOs, from subsidizing the expansion of these large ations, and that is fine. But, it also receiving Environmental Quality In- animal confinement operations. That is funds for new CAFOs and expanding op- centive Program (EQIP) funds for ani- what this amendment says. erations to CAFOs. That is what is mal waste structures. We will go over My colleagues should know that this wrong because obviously, if you can the definitions as we get into this de- amendment has broad support from use the money to fund expansion, it bate on Tuesday, but, for example, 1,000 both the farm and environmental com- gives you an incentive to get larger. animals is equal altogether to 9,090 munity, from groups such as the Na- This amendment, the amendment of tional Farmers Union, Defenders of hogs. These are big operations. the Senator from Minnesota, does not Wildlife, Environmental Defense, Envi- This amendment also deals with prevent the use of funds for small oper- ronmental Working Group, Humane what we call multiple CAFOs. The ations or for existing CAFOs. But it amendment prohibits an entity with Society, National Wildlife Federation, prohibits cost-share funding for new or interests in more than one CAFO from Natural Resources Defense Council, expanding confined animal feeding op- receiving more than one EQIP con- and the Sustainable Agriculture Coali- erations; that is, operations over 1,000 tract, thus prohibiting double pay- tion. ments. This measure helps ensure that I look forward to debating and adopt- animal units. It limits the subsidiza- this Federal farm conservation pro- ing this amendment. I wanted to lay tion of the growth for the very largest grams and the funds are not used to the amendment down today. I will get livestock operations. promote consolidation and concentra- back to this debate on Tuesday. I believe this amendment is con- tion of livestock production. Mr. HARKIN. Mr. President, I under- sistent with the underlying bill. It still The third part to this amendment stand the amendment of the Senator helps livestock producers who are now deals with flood plains. The amend- from Minnesota has been laid down? The ACTING PRESIDENT pro tem- in operation who need to meet ever ment restricts the use of EQIP funds pore. The Senator is correct. stricter environmental standards. We for new or expanding livestock waste Mr. HARKIN. This is the amendment have put more money into EQIP. We facilities in a 100-year flood plains. Lo- on the Environmental Quality Incen- have expanded the EQIP program over cating a large animal waste facility in tives Program that would allow cost- six times above the baseline over the a flood plain is contrary to all good share funds to all existing livestock op- next five years—from $1 billion to $6.2 conservation common sense. erations, but would limit it for the billion. So we are putting in a lot of Fourth, the amendment requires ani- largest ones that are new or expanded money. I think this is a good way to in- mal operations receiving EQIP funds after this bill is enacted; is that right? vest this money protecting the envi- for structures to also develop and fol- Mr. WELLSTONE. That is correct. ronment, helping the livestock pro- low a comprehensive nutrient manage- Mr. HARKIN. I thank the Senator ducers meet the more stringent envi- ment plan to ensure that the conserva- from Minnesota. I rise in support of the ronmental standards. tion assistance does not end with the amendment. I am proud to support this storage of manure but that the entire amendment with my colleague from Again, we have more money, but that operation be taken into account, in- Minnesota. money ought to be used for the ones cluding the ultimate disposition of the During the 1996 farm bill debate, I that are there now, the ones that need waste in terms of being applied to the successfully offered an amendment this help now. We have taken the cap land. that limited cost-share funding under off of limiting funds to large CAFOs in

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.004 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13247 the underlying bill, we have gone above Does my colleague wish further de- increasingly significant to Oregon fish- 1,000—again, that is fine. But we don’t bate on the Wellstone amendment? ers in recent years as the groundfish want people to see the EQIP funds as Mr. HARKIN. No. fishery has declined. Pink shrimp, an incentive. We don’t want people to AMENDMENT NO. 2603 TO AMENDMENT NO. 2471 along with West Coast groundfish and say: Gee, I have 800 animal units, I can Mr. LUGAR. I understand the Sen- Dungeness crab form the foundation of go up to 2,000, 3,000 animal units now ator from Arizona, Mr. MCCAIN, has an the commercial fishing industry in my and the Government is going to come amendment at the desk. Is that cor- state. Unfortunately, the successful de- in and help me build these structures. rect? velopment of the Oregon pink shrimp If they want to expand and build facili- The ACTING PRESIDENT pro tem- fishery will always be handicapped as ties on their own, we don’t prohibit pore. The Senator is correct. long as we are unable to get fair treat- that, but we don’t want to use Govern- Mr. LUGAR. On behalf of the Senator ment in the European market for the ment money to encourage that. from Arizona, I call up the amendment variety of pink shrimp harvested in the So it is a good amendment. I think it at the desk. waters of the Pacific Northwest. The should be adopted. The ACTING PRESIDENT pro tem- Europeans have been able to shut Or- I understand some other people may pore. The clerk will report. egon pink shrimp out of their market want to debate it, but the order is we The bill clerk read as follows: through a tariff policy that is biased in are going to lay this aside for other The Senator from Indiana [Mr. LUGAR], for favor of the shrimp varieties found in amendments; is that correct? Mr. MCCAIN, for himself, Mr. GRAMM, Mr. their waters. With that tariff regime in The ACTING PRESIDENT pro tem- KERRY, and Mrs. MURRAY, proposes an place, Oregon pink shrimp effectively pore. Under the previous order, the amendment numbered 2603 to amendment cannot compete in the European Senator from Arizona or his designee is No. 2471. Union. As a result, the situation has recognized to offer an amendment. Mr. LUGAR. I ask unanimous con- had negative impacts on the price paid Mr. HARKIN. I yield the floor. sent the reading of the amendment be to Oregon pink shrimp fishers. Mr. LUGAR. Mr. President, before dispensed with. Recently, it has been brought to my that occurs, since I will be the des- The PRESIDING OFFICER. Without attention that there may be a similar ignee, I just want to make a comment objection, it is so ordered. problem in getting access to the Euro- about the amendment of the Senator The amendment is as follows: pean market for Oregon sardines. The from Minnesota, Mr. WELLSTONE. (Purpose: To provide for the market name recent reappearance of sardines off of I appreciate what he is attempting to Oregon has been attributed to a signifi- do. I find the situation—one in which I for catfish) At the appropriate place in the substitute, cant ocean regime change. In any case, argued fairly strenuously, but I think I want to make sure that this resur- without necessarily persuading Sen- insert the following: SEC. . MARKET NAME FOR CATFISH. gent Oregon sardine fishery has fair ac- ators—that the farm bill, at least as it cess to foreign markets as well. is now constituted, will inevitably in- The term ‘‘catfish’’ shall be considered to be a common or usual name (or part thereof) Given time, I hope that the United crease planting of corn, wheat, cotton, for any fish in keeping with Food and Drug States Trade Representative will be rice, soybeans—those things to which Administration procedures that follow sci- able to resolve some of these issues the money is directed. There is strong entific standards and market practices for with our friends in the European evidence the USDA pointed out our establishing such names for the purposes of Union. However, that simply cannot last farm bill stimulated about 4 mil- section 403 of the Federal Food, Drug, and happen when we in the United States lion acres of additional production into Cosmetic Act, including with respect to the Senate invoke protectionist measures the program crops. importation of such fish pursuant to section 801 of such Act. of our own to keep foreign seafood One might argue that we were not products from competing here. That is subsidizing expansion. But the evidence SEC. . LABELING OF FISH AS CATFISH. Section 755 of the Agriculture, Rural De- what happened with this attempt to is much of this increase in acreage bar Vietnamese catfish from the U.S. came from our largest, most efficient velopment, Food and Drug Administration, and Related Agencies Appropriations Act, market. It is prudent for us to act producers, whose names appear in lists 2002, is repealed. today to repeal this catfish ban. At the receiving the most subsidies. Perhaps if very least, a proposal of such signifi- we were to try all this over again and Mr. SMITH of Oregon. Mr. President, cance should have been subjected to a look with some consistency as we take I rise today in strong support of the full debate in the Senate during consid- a look at the livestock portion of agri- McCain amendment. This amendment eration of the Agriculture Appropria- culture at the same time we deal with will effectively repeal a ban on catfish imports which was quietly tucked into tions bill. the crops and various other parts—and I thank the Senator from Arizona for that is what the Senator has sought to the most recent Agriculture appropriations bill. putting forward this amendment. I do, to take a whole farm, whole income hope that the Senate will act today to approach—perhaps this amendment It may seem on the face of it that a repeal the catfish ban and allow all the might have some more equity. It prob- ban on catfish imports is of little con- issues involved to be considered by the ably has value for the reasons the dis- sequence if you are not from a state that produces catfish. However, put in appropriate committees of jurisdiction. tinguished Senator from Iowa, our Mr. LUGAR. Mr. President, I under- chairman, has pointed out. Clearly, the larger context of the multi-billion- dollar U.S. seafood industry, the impli- stand the order is the Chair might at most persons involved in these reform this point lay this amendment aside. If movements, support the EQIP pro- cations are clear. If this ban on catfish imports were allowed to stand, it would so, I suggest that. gram. I believe it is an important one The ACTING PRESIDENT pro tem- with regard to the environment, as pull the rug right out from under our own U.S. Trade Representative who is pore. The amendment is laid aside. well as some equity for livestock pro- Mr. LUGAR. Is the amendment laid trying to fight similar protectionist ac- ducers. They are loathe to admit that aside? this might produce more livestock, tions against the U.S. seafood industry The ACTING PRESIDENT pro tem- greater herds subsidized by the Federal by our trading partners. Regardless of pore. Yes, it is. Government. Obviously it does. the intentions of proponents of this Mr. LUGAR. I suggest the absence of The Senator from Minnesota is try- catfish ban, it has significant impacts a quorum. ing to plug up that particular hole, for other U.S. fisheries and deserves The ACTING PRESIDENT pro tem- while it seems to me there are gaping greater scrutiny than was afforded dur- pore. The clerk will call the roll. holes in the dike all around that are ing the consideration of the Agri- The bill clerk proceeded to call the likely to lead to very large expendi- culture Appropriations bill earlier this roll. tures. I will study the amendment year. Mr. HARKIN. Mr. President, I ask carefully. I will likewise attempt to The specific reason why I have come unanimous consent the order for the work with my colleagues to see if we to the floor to speak on this matter is quorum call be dispensed with. can bring some equity in all parts of because of its implications for the Or- The ACTING PRESIDENT pro tem- agriculture. We will take a look again egon pink shrimp fishery. The pink pore. Without objection, it is so or- at the whole farm situation. shrimp fishery in Oregon has become dered.

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.007 pfrm02 PsN: S14PT1 S13248 CONGRESSIONAL RECORD — SENATE December 14, 2001 Mr. HARKIN. Mr. President, again Also, they do not have a lot of control same spiel you just heard me give for the benefit of those in their offices, over the cost of their input for the pro- about the safety net aspects of farm Senators who are here today, the farm duction of their products. They are one legislation being very important to bill is open right now for amendment. of the few segments of our economy helping sustain farmers. Under the agreement made by the lead- that have to pay whatever the market But there is no profitability in the ers, yesterday, I guess, or the day be- demands for their input, and they re- check from the Federal Treasury when fore—obviously there are no votes ceive from the market whatever it prices are low. The profitability for today. We can still take the amend- pays. farming is going to come through ments. They can be laid down, we can That is why we have a safety net. We trade. That is why I like to remind peo- debate them with whoever is here, and have had a safety net for farmers of ple that trade promotion authority, they will then be in line for voting one form or another. There hasn’t been and other trade policies, are probably when we come back on Tuesday, or fur- a lot of difference in those programs as important to the family farmer as ther debate, also, when we come back. over the last 70 years. what is in a farm bill, and particularly I say to my friend, I see my friend We tend to speak about farm bills as when it comes to profitability. from Kansas is here. Maybe my friend if this farm bill is much different from So I try to look at a farm bill to from Kansas has an amendment he the previous farm bill, et cetera. I am make sure it has these opportunities. would like to offer on the farm bill and not going to go into those things. But But the most important fact is that we get it in line so we could, perhaps, vote there hasn’t been that much difference. have had trade agreements. The last on this mythical Cochran-Roberts The premise has been very much the General Agreement on Tariffs and amendment that I keep hearing about same. We are going to have a safety net Trade, which created the World Trade Organization, had certain limits that but I can’t see. It is sort of ephemeral— for farmers to guarantee a certain floor could be spent in certain categories of sort of out there somewhere, but we of income at times of low prices because there is so much affecting the ec- farm support. can’t seem to get our fingers on it. There is a limit on what we call trade onomics of the family farmer that is Maybe we could get the Cochran-Rob- distorting expenditures, that if you ex- beyond their control. erts amendment over here today, lay it ceed those, the United States and, in down, and start discussing it so we can I start with the premise—and the extent to which my colleagues disagree turn, the U.S. farmer, can be retaliated have it here next Tuesday. against legally if those are exceeded. with me on this, I welcome their dis- I urge any Senators who have amend- So we have to be concerned about those agreement and this debate on it—that ments to come over to the floor and lay issues. them down. the farm bill, whether it is a 1950-type I am not here to say that in every re- I suggest the absence of a quorum. farm bill, or the 1996 farm bill, or even spect all of the different farm proposals The ACTING PRESIDENT pro tem- the one we are debating right now, is floating around here are unconcerned pore. The clerk will call the roll. meant to have a safety net, is meant to with trade implications. It does not The legislative clerk proceeded to sustain farmers in business during the matter whether it’s the farm bill that call the roll. period of time of low prices, which a lot is before us, it does not matter whether Mr. GRASSLEY. Mr. President, I ask of times is caused by things beyond the it is the Daschle amendment to that unanimous consent that the order for farmers’ control. This safety net bill, it does not matter whether it is the quorum call be rescinded. doesn’t guarantee profitability. I don’t Senator ROBERTS’ and Senator COCH- The ACTING PRESIDENT pro tem- think there is anything in any farm RAN’s proposal, and it does not matter pore. Without objection, it is so or- bill I have ever seen to guarantee prof- even whether it is the House bill; it is dered. itability. legitimate to bring the issue of trade Mr. GRASSLEY. Mr. President, are That is where trade comes in. When to the attention of our colleagues. we on the farm bill? we produce 40 percent more than we For instance, in the House bill, it is The ACTING PRESIDENT pro tem- consume domestically, it means that my understanding—and I have not read pore. The Senator is correct. farmers have to have the ability to ex- that bill in its entirety, obviously—but Mr. GRASSLEY. Mr. President, I will port. Export is very important. When it is my understanding that the House address the Senate for a short period of there is no profitability in the farm Agriculture Committee was concerned time today. Next week I hope to be bill, then the only profitability in about this, so they put a provision in able to speak on this subject with a po- farming is going to come from the mar- their farm bill that if the Secretary of tential amendment I might offer about ketplace. Agriculture found that legislation vio- the trade aspects of the farm bill. When you produce more than you can lated the WTO agreements, that it I start with the premise that we have consume domestically, that means the could be suspended. If that is exactly a farm bill—and we have had farm leg- world marketplace is where the profit- how it works and we have to spend islation for 60 or 70 years—with what ability for agriculture is going to more on agriculture, because that we call a safety net to give structure to come. In other words, there is not prof- would be trade distorting, due to the the economics of agriculture, to give itability in a check from the Federal fact that prices are low and then we some certainty to agriculture, and to Treasury to a farmer when prices are could be retaliated against dollar-for- help farmers in times of low prices and low, as has been the case in recent dollar for the excess expenditure and problems. years, particularly in emergency bills, the farm program has to be suspended, So much of farming is beyond the but there is profitability in exports. then you are suspending the safety net control of the individual farmer. One of Let me put it this way: the only rea- for farmers at exactly the time they those things is international trade. son there is profitability for farmers is are going to need it. What the bill does Maybe we don’t think of that as often due to the exportation of our surplus is cut off payments when family farm- as we do things such as natural disas- agricultural products. That is why ers would very likely need those pay- ters that hit farmers, domestic politics trade is an important part of any dis- ments the most. which might cause prices to go up or cussion of farm legislation, even Now, this can be avoided. Maybe my down, and decisions of the Federal Re- though the trade policies of this coun- colleagues who are writing these provi- serve which affect the value of the dol- try are decided by other committees. sions will say they are taking that into lar. Sometimes international policies One of those happens to be the Finance consideration and they are going to affect the value of the dollar. Committee on which I serve. The Fi- avoid it, or they may say the condi- There are just a lot of things out nance Committee has jurisdiction over tions under which this happens are not there that affect the family farmer all trade policy. The most recent one is as dangerous as maybe I lead people to over which they don’t have any con- just about out of committee now—it believe. So I am not here to question trol. Family farmers tend to be more in had an 18-to-3 vote on final passage— anybody’s intentions or motivations or the position, unlike most businesses, of which was trade promotion authority. anything. I am just here to ask my col- having to take a price the market dic- That is why sometimes when news- leagues to give further thought to ways tates for the products they sell over people ask me, what are we doing for in which the legislation that is obvi- which they don’t have any control. farmers in the farm bill, I give the ously going to become law—if it does

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.010 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13249 not become law before this year, it is motion authority and trade with not only for the American people but going to become law early next year; China. That was such a hot issue last for the hungry of the world, to help our and whenever it becomes law, it is year being dealt with in the Congress. economy, but also to help the economy going to become law in ample time so But if we don’t practice what we of other countries as well. we have it for the next crop-year in preach regarding our World Trade Or- It is a simple fact of life that the 2003 that it is needed—to take these ganization commitments, how will we profitability in farming ought to come things of trade into consideration. ever convince our potential trading from the worldwide marketplace be- (Mrs. CARNAHAN assumed the partners around the world that they cause the Federal budget is not big chair.) should lower their trade barriers? And enough to provide farmers profitable Mr. GRASSLEY. Each year our farm- that is a goal of not only this adminis- margins year after year. ers become more reliant on overseas tration, but also we have to com- If we don’t establish a farm bill that markets to sell their commodities. In pliment the previous Secretary of Agri- helps us to lower trade barriers, we will fact, last year, farmers in my home culture, Mr. Glickman, the previous not be able to assist the agricultural State of Iowa exported more than $3 Special Trade Representative, Charlene community develop this long period of billion worth of corn, soybeans, meat Barshefsky, when about 15 months ago profitability. products, and even live animals. they tabled in Geneva for negotiation Last week the Food and Agricultural Nationwide, American farmers annu- purposes of the agricultural negotia- Policy Research Institute, which is lo- ally export close to half of their soy- tions that were going on under the cated on two campuses—Iowa State beans and 20 percent of their corn pro- WTO as it was mandated to happen in University and the University of Mis- duction. Given the importance of ex- 1993 to start in the year 2000. They ta- souri—published a paper stating that port markets to American agriculture, bled negotiation positions for our coun- there was over a 30-percent likelihood the United States must assume a lead- try’s farmers that were in the best in- that the farm bill coming out of the ing role in eliminating tariffs, excess terests of our farmers of zero tariffs in Senate Agriculture Committee would trade-distorting subsidies, and other agriculture. violate our trade commitments. barriers to trade. This administration has followed They could say the same thing about In 1994 we joined our trading partners through on that in the Doha Round some other ideas floating around here. in the World Trade Organization to dis- that started in early November, which They surely could say it about the cipline domestic agricultural support is the new round of WTO negotiations House agriculture bill. Think of it this way: If there was a programs and to facilitate more open that are going on. And that is what better than 30-percent likelihood that a trade. The agreement, called the Uru- trade promotion authority is all about, ship would sink, you wouldn’t get on guay Round Agreement on Agriculture, to give the President the authority to board. The farm bill before us has the capped the level of trade-distorting make such an agreement. We have fol- potential to impose significant harm support that WTO members can pro- lowed on the very good suggestions of on our family farmers by violating the vide to producers. the Clinton appointees on what sort of current trade commitments. If this Worldwide, agricultural tariffs were direction our agricultural trade ought were to happen, our trading partners reduced by an average of 36 percent to take. I don’t think there is any partisan could refuse to accept our exports and over a 6-year period. The United States disagreement on what we want to do on this action, being legal, at the same agreed to reduce its own trade-dis- international trade to help the Amer- time would decimate the price of U.S. torting domestic support, or what is re- ican farmers. The only thing we have commodities affected. We can do bet- ferred to as ‘‘amber box’’ spending to do is make sure we write farm legis- ter. under this trade agreement, by 20 per- lation that is compliant with the in- I hope as the debate on this farm bill cent, down to a point of $19.1 billion tentions of what was initiated in the continues or the debate on any farm per year. Clinton administration and followed bill continues, these issues of compli- The Senate must pass legislation through on by the Bush administra- ance with our international obliga- that abides by this commitment or our tion. tions, which is for the benefit of Amer- trading partners could take retaliatory As I have said in the past, the Gov- ican agriculture, because as we can re- action against our farmers and against ernment can provide support, but only duce worldwide tariffs that average our agricultural exports. Unfortu- the marketplace can provide profit- about 60 percent down to where U.S. nately, the farm bills before us, and I ability. This isn’t putting anybody in a tariffs are single digits on agricultural think particularly the House bill—and position of political posturing if they products, just those facts make it a no- even the bill that was passed out of the don’t agree with that. I just think it is brainer that the United States should Senate Agriculture Committee—leads the cold hard truth about our agricul- pursue free trade policy in agriculture our Nation down a dangerous road to- tural economy, if we are going to and that it will benefit the American ward exceeding our ‘‘amber box’’ limits produce to our potential we must sell farmer. and opening the door to this WTO legal our surplus on the world market. We If our tariffs are here and the world- retaliation. Retaliation through higher surely don’t want the alternative, wide tariffs average 46 percent, what- tariffs on our exports and reduced mar- which is to produce for the domestic ever we do to negotiate to bring those ket access for our farmers would re- market only and find ourselves in a po- down—and remember our goal under duce the worldwide demand for our sition of taking 40 percent of our pro- the Clinton administration, now fol- commodities, resulting in an over- ductive capacity out of production and, lowed by the Bush administration, is whelmingly domestic surplus and de- through the Federal Treasury, pay the zero tariff—it is a no-brainer that this pressing domestic commodity prices. farmers for doing that. I don’t think is going to affect very positively Amer- In light of the high stakes for Amer- the taxpayers would support that. ican agriculture and bring profitability ica’s farmers, I urge my colleagues to Worse yet, that might sustain farm- to the farmer. carefully consider the potential impact ers; you could even have support high The only place for profitability in an on America’s farmers of a farm bill enough to guarantee profitability. But industry that exports or that produces that could violate our international you would ruin the economy of the more than 40 percent more than we can trade commitments. We need to revisit United States if you produced 40 per- consume domestically, the only profit- the piece of legislation that was passed cent less farm machinery, 40 percent ability then is in the world market. out of committee and work to improve less input into agriculture. A lot of I yield the floor and suggest the ab- it before we conference with the House that comes from the small town main sence of a quorum. because, as I pointed out, I think the street businesses of the America. We The PRESIDING OFFICER. The House bill has very dramatic problems don’t want to do anything negative to clerk will call the roll. in this area as well. them. We want to keep our rural areas The assistant legislative clerk pro- Our farmers know how important vibrant. That means economic activ- ceeded to call the roll. international trade opportunities are ity. Mrs. CARNAHAN. Mr. President, I for our commodities. That is why farm- Economic activity in American agri- ask unanimous consent that the order ers support issues such as trade pro- culture is to produce and to produce for the quorum call be rescinded.

VerDate 10-DEC-2001 04:32 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.012 pfrm02 PsN: S14PT1 S13250 CONGRESSIONAL RECORD — SENATE December 14, 2001 The PRESIDING OFFICER (Mr. ROB- market for their product, they cut pol- to begin farming or to stay in the busi- ERTS). Without objection, it is so or- lution and they decrease our reliance ness. dered. on foreign oil. Under this bill, the Direct Loan Mrs. CARNAHAN. Mr. President, a I applaud Chairman HARKIN and the Farm Service Agency Program of the few week ago, the Department of Agri- committee for crafting a farm bill that Farm Service Agency will be strength- culture announced that commodity strongly encourage the continued de- ened to assist these young producers. prices had taken their biggest 1-month velopment of biofuels. I hope amend- In addition, a new farm bill must in- drop in more than 90 years. ments will be added that will further clude a strong nutrition title. We must It has been 5 years since Congress promote the use of these fuels. provide the Food Stamp Program with last passed a farm bill. Every year The farm bill passed by the Agri- the resources it needs. We cannot aban- since then, we have needed an expen- culture Committee makes a historic don families who have been hit hard by sive bailout bill. These bailouts are commitment to conservation. It allo- the recession, or those struggling to usually referred to as emergency dis- cates $20 billion over the next 10 years move from welfare to work. aster assistance. But the real disaster in new spending for conservation pro- Chairman HARKIN’s bill invests more has been our farm policy itself. grams. That is $5 billion more than the than $6 billion in this important title. The 1996 farm bill provided farmers House passed, and we need every The House bill provides only half that. with flexibility in deciding what, when, penny. But with so many people out of work, and where to plant. But it left them ut- The farm bill would invest almost so many children going hungry, we terly without a safety net. When floods $750 million in conservation efforts for need the full amount. came, the farm bill gave them nothing. Missouri over the next 5 years. Chairman HARKIN’s nutrition title When droughts cut their output in The bill protects the property rights will make the Food Stamp Program half, the farm bill gave them nothing. of landowners. It encourages producers work better for the people it serves. It When the bottom fell out of prices, to remove sensitive land from agricul- makes the process of applying for food when the cost of fuel skyrocketed, tural production. It also offers incen- stamp benefits more efficient. It helps when armyworms destroyed an entire tives for continuing conservation prac- families moving from welfare to work crop, the farm bill gave them nothing. tices and adopting new ones. If offers by extending transitional benefits. It Only when Congress passed emer- technical assistance for farmers and restores the value of food stamps to gency spending bills did farmers get ranchers. It gives greater opportunities help poorer families keep up with infla- any relief. That is a raw deal for the for private landowners to voluntarily tion. These changes will mean a great people who feed our Nation—and the expand conservation on forested lands. deal to those who are struggling with world. How can farmers and ranchers And it provides livestock producers the essentials of daily life. plan for the next year’s crop not know- with resources to build waste manage- One deficiency of this bill is that it ing what programs will be in place? ment systems. does not address the issue of competi- I also believe we need country-of-ori- It is time for Congress to act on a tion. There is a growing problem of gin labeling, as called for under this new farm bill—one that promoted com- vertical integration and concentration legislation. America’s farmers grow the petitiveness and consumer choice, among agribusiness firms. The small best products. They are the most effi- while providing adequate income to family farm is becoming an endangered cient. They sue chemicals that are farmers. species, and that’s just not right. This fall, I wrote to Chairman HAR- proven to be safe. And they live by the We need a strong competition title to KIN outlining my priorities for the strictest environmental standards in maximize consumer choices. We must farm bill. the world. facilitate farmers’ choices in mar- I shared with him the recommenda- I believe consumers, if given the op- keting products and meaningful price tions I have heard from farmers across tion, would choose American products competition. Missouri. I am pleased so many of every time. these ideas were included in the bill re- Now more than ever, Americans are I hope that over the course of the ported by the committee. concerned about food security. They next few days, this bill can be improved First and foremost, this farm bill rec- want to know where their food is com- with a competition title that will en- ognizes the need for a safety net. The ing from. Country-of-origin labeling sure we have a vibrant farm economy. safety net is counter-cyclical—to give would not only help our livestock pro- Mr. President, this farm bill isn’t farmers assistance when they need it ducers, but would also assure con- perfect, but it makes sense for Mis- the most. It will buffer our farm econ- sumers that the products that they buy souri’s farmers. And it makes sense for omy in difficult times, and allow small are safe. America. It expands markets. It pro- producers to stay in business. We need measures to help rural tects the environment. It is fair to The bill also allows producers to up- America and help the family farm stay small family farmers. And, most im- date the baseline acreage used to cal- in business. Missouri farmers have portantly, it provides a safety net culate these payments, to ensure they urged me to assist them in efforts to when farmers need help. reflect the realities of today. revitalize rural communities and pro- Fundamentally, this bill is about en- Earlier this year I proposed legisla- mote economic development. Rural suring that the hardworking men and tion to expand tax credits and other in- America needs improved drinking women who produce the food that feeds centives to promote ethanol, soy-die- water, telecommunications, and other the world can earn a decent living. sel, and other value-added products. infrastructure. This bill provides fund- These farmers deserve our full support. I am pleased that this new farm in- ing to address many of these needs. Once again I thank the chairman and cludes an energy title that will harness And it increases access to capital for the committee, and I hope the Senate the potential of these clean, renewable rural business ventures, particular eq- will act quickly on this legislation. fuels. uity capital. I yield the floor. They provide valuable economic de- I am particularly concerned about The PRESIDING OFFICER (Mr. HAR- velopment, they give farmers a greater our young farmers who need financing KIN). The Senator from Utah.

VerDate 10-DEC-2001 04:32 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.015 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13251 Mr. HATCH. I ask unanimous consent tion contract’’ after ‘‘poultry growing ar- and ENZI. The American Farm Bureau, to proceed as in morning business. rangement’’. National Farmers Union, as well as The PRESIDING OFFICER. Without (C) Sections 401 and 403 of the Packers and dozens of other farm, community, and objection, it is so ordered. Stockyards Act, 1921 (7 U.S.C. 221, 223), are religious organizations, support the amended by inserting ‘‘any livestock con- (The remarks of Mr. HATCH are print- tractor, and’’ after ‘‘packer,’’ each place it amendment. And for good reasons. ed in Today’s RECORD under ‘‘Morning appears. Farmers are concerned about competi- Business.’’) (c) RIGHT TO DISCUSS TERMS OF CON- tion. The PRESIDING OFFICER (Mrs. TRACT.—The Packers and Stockyards Act, A 1999 Iowa State Extension Service CARNAHAN). The Senator from Iowa. 1921 (7 U.S.C. 181 et seq.), is amended by add- Rural Life poll indicated that 89 per- AMENDMENT NO. 2604 ing at the end the following: cent of Iowa farmers thought there was Mr. HARKIN. Madam President, I ‘‘SEC. 417. RIGHT TO DISCUSS TERMS OF CON- too much power concentrated in the TRACT. hands of a few large agribusiness firms. know two Senators are waiting to ‘‘(a) IN GENERAL.—Notwithstanding a pro- speak on the bill. I send an amendment vision in any contract for the sale or produc- A similar poll recently released by to the desk and ask for its immediate tion of livestock or poultry that provides Kansas State University that targeted consideration. that information contained in the contract 27 farm and ranch States found that 77 The PRESIDING OFFICER. Without is confidential, a party to the contract shall percent of producers favor maintaining objection, the pending amendment is not be prohibited from discussing any terms or strengthening current antitrust set aside. The clerk will report. or details of any contract with— laws. The assistant legislative clerk read ‘‘(1) a legal adviser; To address just a small part of that as follows: ‘‘(2) a lender; concern, the amendment I introduced ‘‘(3) an accountant; The Senator from Iowa [Mr. HARKIN], for ‘‘(4) an executive or manager; today will provide some minimal pro- himself, Mr. GRASSLEY, Mr. FEINGOLD, Mr. ‘‘(5) a landlord; tections to livestock production con- WELLSTONE, and Mr. ENZI, proposes an ‘‘(6) a family member; or tract growers. The amendment does amendment numbered 2604. ‘‘(7) a Federal or State agency with respon- two things. First, it closes a significant Mr. HARKIN. I ask unanimous con- sibility for— loophole in the Packers and Stock- sent the reading of the amendment be ‘‘(A) enforcing a statute designed to pro- yards Act. dispensed with. tect a party to the contract; or Presently, the act protects farmers The PRESIDING OFFICER. Without ‘‘(B) administering this Act. who sell livestock to packers. The ‘‘(b) EFFECT ON STATE LAWS.—Subsection objection, it is so ordered. (a) does not affect State laws that address Packers and Stockyards Act also pro- The amendment is as follows: confidentiality provisions in contracts for tects those who grow poultry for others (Purpose: To apply the Packers and Stock- the sale or production of livestock or poul- under production contracts. That was yards Act, 1921, to livestock production try.’’. adopted in 1935. So since 1935, it has ap- contracts and to provide parties to the Mr. HARKIN. I send this amendment plied to production contracts in poul- contract the right to discuss the contract try. But the act does not protect those with certain individuals) on behalf of myself, Senators GRASS- LEY, FEINGOLD, WELLSTONE, and ENZI. I who raise livestock under production On page 941, strike line 5 and insert the fol- contracts for packers in other areas, lowing: will just take a few minutes to describe it because I know Senator COCHRAN and such as for swine and cattle. Subtitle C—General Provisions Senator ROBERTS are waiting to speak. Again, in 1935 production contracts SEC. 1021. PACKERS AND STOCKYARDS. With this amendment, I would like to were not a big issue in livestock. It was (a) DEFINITIONS.—Section 2(a) of the Pack- continue on one of the important a whole different world at that time. ers and Stockyards Act, 1921 (7 U.S.C. 182(a)), Since that time we have seen the is amended by adding at the end the fol- themes I have stressed throughout the lowing: farm bill debate, competition issues in growth of production contracts, both in ‘‘(12) LIVESTOCK CONTRACTOR.—The term agriculture. In fact, the occupant of hogs and now extending into cattle. ‘livestock contractor’ means any person en- the chair, the Senator from Missouri, The amendment would close this loop- gaged in the business of obtaining livestock spoke about that a few minutes ago, hole so farmers who raise livestock under a livestock production contract for the about needing better competition in under production contracts will be pro- purpose of slaughtering the livestock or sell- agriculture. tected by the prohibitions against un- ing the livestock for slaughter, if— We had a competition title in the fair and deceptive practices under the ‘‘(A) the livestock is obtained by the per- original farm bill. I thought it was ex- Packers and Stockyards Act. son in commerce; or Second, the amendment will allow a ‘‘(B) the livestock (including livestock tremely important. That was defeated products from the livestock) obtained by the but for one provision, country of origin producer to share his or her contract person is sold or shipped in commerce. labeling. That succeeded on an inde- information with their business ad- ‘‘(13) LIVESTOCK PRODUCTION CONTRACT.— pendent vote in committee, but the viser, landlord, executive or manager, The term ‘livestock production contract’ rest of the title did not make it attorney, family, and State and Fed- means any growout contract or other ar- through committee. eral agencies charged with protecting rangement under which a livestock produc- Some of us vowed to resurrect a num- parties to the contract. I understand in tion contract grower raises and cares for the ber of provisions on the floor, not the some States farmers already have some livestock in accordance with the instruc- of these rights, but many farmers tell tions of another person. whole title but a number of key provi- ‘‘(14) LIVESTOCK PRODUCTION CONTRACT sions that were in the competition me they feel intimidated to share their GROWER.—The term ‘livestock production title. Beyond the amendment I speak contracts with even their trusted ad- contract grower’ means any person engaged about, two amendments were agreed to visers, with their banker. That is be- in the business of raising and caring for live- yesterday which I cosponsored. Senator cause the contract specifically says stock in accordance with the instructions of FEINGOLD introduced an amendment that none of the terms of the contract another person.’’. which prohibits forced arbitration in are to be discussed with anyone else. (b) CONTRACTORS.— livestock and poultry contracts. That So the farmer feels very intimidated (1) IN GENERAL.—The Packers and Stock- yards Act, 1921, is amended by striking amendment was adopted. After that, about discussing that—and, frankly, ‘‘packer’’ each place it appears in sections Senator JOHNSON from South Dakota could face either a lawsuit or the loss 202, 203, 204, and 205 (7 U.S.C. 192, 193, 194, 195) offered an amendment that prohibited of the contract if, in fact, that farmer (other than section 202(c)) and inserting the ownership of livestock by packers. does discuss that with an with a bank- ‘‘packer or livestock contractor’’. That amendment was adopted. er. (2) CONFORMING AMENDMENTS.— The amendment I offer today will ad- Again, as I have said, the first part (A) Section 202(c) of the Packers and dress one more issue in the competi- deals with production contracting. Stockyards Act, 1921 (7 U.S.C. 192(c)), is tion arena and that is livestock pro- Right now these arrangements—pro- amended by inserting ‘‘, livestock con- duction contracting arrangements—are tractor,’’ after ‘‘other packer’’ each place it duction contracts and the right of a appears. farmer to discuss those contracts with like a franchisee-franchiser relation- (B) Section 308(a) of the Packers and his closest advisers. ship. It is becoming more prevalent in Stockyards Act, 1921 (7 U.S.C. 209(a)), is As I said, the cosponsors are Sen- hogs and growing in the cattle indus- amended by inserting ‘‘or livestock produc- ators GRASSLEY, FEINGOLD, WELLSTONE, try.

VerDate 10-DEC-2001 04:32 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.016 pfrm02 PsN: S14PT1 S13252 CONGRESSIONAL RECORD — SENATE December 14, 2001 When we passed the Packers and my good friend and colleague, the That is usually the way legislation Stockyards Act in 1921, the industry former chairman of the subcommittee works as we try to reach a compromise was different. Livestock was owned by on appropriations for agriculture on and pass the ‘‘best bill possible.’’ the farmers. They took it to the stock- the Senate Appropriations Committee, We need to certainly do that this yards. The packers bought the live- THAD COCHRAN. I do not know of any time around. Our Nation’s farmers and stock at the stockyards. That is why Senator in the Senate who has been ranchers remain in the midst of very we passed the 1921 Packers and Stock- more of a champion for our farmers difficult times. We are not in very good yards Act, because the packers and and ranchers throughout our country. shape in regard to farm country. stockyard owners were collaborating We refer to him as ‘‘our banker’’ on the The challenges that we face today in and conspiring to drive down prices for Appropriations Committee, who has the domestic and global marketplace farmers. So Congress passed the Pack- the tremendous responsibility and does and the revolutionary times we face ers and Stockyards Act to prohibit it so well in making sure we meet our today in agriculture are certainly these unfair practices in 1921. budget guidelines while also ensuring unique. The act currently addresses relation- the needed investments we must make I had hoped we could carefully craft a ships only between packers and those in agriculture. bipartisan bill and pass it out of the Senate Agriculture Committee. who sell livestock to packers. It does I feel quite honored and privileged to As a reminder, we did that in achiev- not address production contracts. have him as a coauthor of the alter- ing significant crop insurance reform Right now, as I said, more and more of native amendment to the bill pending these production contracts are becom- just a session ago. It took 18 months. in regard to farm program policy. That bill was coauthored by myself and ing common. I also thank his staff, Mr. Hunter An Iowa State study indicates that 34 Senator Bob Kerrey, the former Sen- Moorhead, who has worked extremely percent of the hogs in America are ator of Nebraska. In fact, we have had hard many hours; and my two staffers, raised under production contracts. Cur- more interest in that particular bill Mike Seyfert, who is sitting to my rent law does not address this current than almost any bill I have been asso- right, and I would like to let his wife situation, and this amendment closes ciated with since I have had the privi- Christy know he is here. He has been that loophole and provides protection lege of public office. by my side early morning, day, and to livestock production contract grow- In farm country, if you call a meet- night for the past week. I want to let ers. ing of farmers, and if I happen to be the Again, because of their relatively her know he is really doing fine. Matt speaker, there may be 30, 50, or 100 weak bargaining position, farmers feel Howe, who is sitting in the back, has farmers present, depending on where intimidated under these contracts. The helped me tremendously. We are only you call a meeting. With crop insur- amendment would specifically limit as good as our staff. ance, you will have 1,000. livestock contractors from engaging in We think we have come up with a Those of us who are privileged to unfair, deceptive, and unjustly dis- positive alternative with the current serve American agriculture are very criminatory practices, section 202 of legislation which makes a great deal of much aware of the fact that we have a the Packers and Stockyards Act; and sense. I thank THAD COCHRAN for his very disparate and independent bunch second, it gives the farmers the right leadership and help and for being a co- of farmers and ranchers. We know they to discuss terms of their contract with author on this amendment. are in much better hands if we work to- certain people: a legal adviser, a lend- This legislation directly affects the gether, if the agriculture posse tries to er, an accountant, an executive or daily life and well-being of every cit- ride in the same direction, more or manager, a landlord, a family member, izen in America and many throughout less, despite our differences. or a Federal or State agency with re- a very troubled and hungry world. You I regret to report to you, Mr. Presi- sponsibility for enforcing a statute de- can’t read the headlines about Afghani- dent, and my colleagues and our farm- signed to protect the party to the con- stan and not realize there is a humani- ers and ranchers, that I don’t think tract. tarian effort now taking place with that is the case today. We, unfortu- Importantly, this amendment doesn’t many organizations. That effort is nately, are at odds both in terms of require anyone to share any informa- made possible by the food which is pro- policy, and some would even allege tion. It doesn’t require that the con- duced in this country going to our there is just a tad bit of politics being tract be made public in any way. It troubled and hungry world—and the played in this year’s farm bill delibera- does not affect the confidentiality modern miracle of productivity of tions. That is not only too bad, but it clauses that state farmer can’t share American agriculture. is downright counterproductive. In the information with a neighbor, or But more particularly, this legisla- fact, in Dodge City we say it is ‘‘a dirty with the contractor’s competitors. tion directly affects the livelihood of shame.’’ They can still do that. It is important America’s farm families, those who For the record, I thank the chairman to note the distinction. persevere and prevail despite all sorts of the committee. I thank him for ask- Again, this amendment takes a cou- of obstacles not of their own making ing my advice and for meeting with me ple of small steps to protect farmers and things beyond their control. Yet and my staff to see if we could reach an against unfair and deceptive conduct in despite the tough times, they feed us accord on a bipartisan bill. We just had a discussion to see if the livestock and poultry contracting and those in need, and their record of there was some way we could work this business. productivity is, indeed, a modern mir- out. I hope we can. The chairman, his It will provide some protection for acle. staff and mine met for several hours in these growers and bring them more in So here we are, my colleagues, on a private discussions. I believe we made line with the poultry growers since Friday morning with several Senators some real progress toward a bipartisan 1935. They have had this protection present. We have had quite a debate proposal that could, and I think would, since 1935. It is time now to extend it over the last 3 or 4 days on yet another have garnered support of the majority to our cattle and to our swine pro- farm bill. ducers and other livestock producers in of members on both sides of the com- Counting the years I have been here mittee. America. as a staff member, a Member of the I yield the floor. Certainly the Harkin-Roberts bill The PRESIDING OFFICER. The Sen- House, and a Member of the Senate, would have caused some double takes ator from Kansas is recognized. this is my sixth farm bill. I can recall and some jaw dropping on the part of a Mr. ROBERTS. Mr. President, I rise the former esteemed chairman of the few veteran farm bill watchers. I am today to discuss the pending legisla- House Agriculture Committee, the ven- sure of that. I sincerely appreciate the tion and the responsibility that we erable Bob Poage of Texas who used to effort by the chairman, who is a good have in the Senate to carefully craft describe farm bills in this way: colleague and a friend. our Nation’s future farm program pol- My colleagues, is this the best possible The key was in the mailbox, accord- icy. Note that I said ‘‘carefully craft.’’ farm bill? He would say: ing to that old Country Western song. In doing so, I am being joined by the No, but it is the best farm bill possible. And he said: Come on in. Let us work distinguished Senator from Mississippi, There is a difference. something out.

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.019 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13253 We left town Friday before Veteran’s nally did. I mentioned before, I have tional farm assistance in the future. At Day, and I believe some progress was been through six farm bills and some the same time, through its use of front being made. Unfortunately, something pretty tough debates with strong dif- loading of spending and budget manip- happened during the weekend. When we ferences of opinion, but at least I knew, ulation, the bill mortgages what we returned the following week, both the or staff knew, what was in the bill. call future baseline or our ability to key and the mailbox were missing, and Now, there is more than one way to write future farm bills. we were told to plan immediately for a ‘‘skin the minority cat’’ than to put his Latest figures: $45.2 billion over 5 very different bill and some different head in a bootjack and pull on his tail. years in regard to the Daschle-Harkin marching orders. That is no way to run a committee. bill. That leaves $28.3 billion for the I remember an old television pro- Certainly, that was not the way it was second 5 years. Basically, if we do this, gram called ‘‘Name That Tune.’’ They done when our distinguished ranking we have eliminated much of the base- would listen to the song on the record. member, Senator LUGAR, was chair- line in the outyears. We need to find Then two people would race down the man. $16.9 billion when we write the next bill corridor and grab onto something, and I understand that maybe I am erring just to get back to this first 5-year say: I can name that tune in about 3 on the side of being too harsh. Maybe level. We are mortgaging our farm bill seconds. I guess that is sort of dating this effort to lock up $73 billion for ag- future. myself. Unfortunately, with regard to riculture over 10 years, in a 5-year farm There are also two other consider- the new committee bill, others have bill, to meet the requirements of an al- ations of no small notice. In its current named the tune—more particularly, ready outdated and unrealistic budget and ever-changing form, it will be al- leadership—and there was a new game. and to accommodate the party leader- most impossible to conference with the It was called ‘‘Name Your Price’’—a ship and old partisan constituencies, House. The President opposes it. The game that is still in progress, by the and to satisfy the insatiable needs of administration opposes this. They have way. different commodity groups and farm a statement of administration policy The end result was a bill that is now organizations and your same party col- opposing this. More about that just a going back to loan rates and target leagues, was just too overwhelming. I little bit later. prices as income protection. And the don’t know. It is a daunting task. It is Let me spell it out. The bill before us committee bill was passed on a party- a tremendously daunting task. I know; takes us back to past farm program line vote. I have been there. And I sympathize policies of trying to provide income Now, I do not question the intent of and I empathize. protection with higher loan rates and people who truly believe we ought to This task must be overwhelming, Mr. target prices. Now, there is no question go back to loan rates and higher target President, because the show is still that the farmer needs income protec- prices. I just think that is not the way going on. I would like to say last- tion with all the variables that he has we ought to go. I think we have a bet- minute major policy changes stopped to face and all that has gone on that is ter alternative. I do not question the when the bill passed the committee, not talked about much in regard to intent of my colleagues. But I do ques- but it did not. This bill is probably critics of agriculture spending: the loss tion the process and the policy, and about 1,000 pages. I meant to have a of the Asian market, the value of the both, in my view, are counter- copy of the bill to see if I could lift it, dollar, different buying patterns, the productive. That is about the nicest but I am not going to go through that. European Union spending incredible way I can put it. Staff reports just a small $15 billion amounts of money, and on and on and It is one thing, my colleagues, to de- scoring problem with the dairy section on, a glut all across the world in regard cide you are going to do a partisan bill, of the committee-passed bill, some- to commodities, which is unprece- but it is another to deny the minority thing that may be of interest to the dented. Not many people really take a of the right to review the language of Presiding Officer. The answer was a look at that when they try to criticize the bill and, as a result, the right to ‘‘technical correction’’ that solved the the farm program policies that are debate in an effort to, once again, care- problem that completely changed the spelled out either by the distinguished fully craft policy that will better en- content of the language in the dairy chairman or by Senator COCHRAN and able the farmer and the rancher and section. Now, that is quite a technical myself. the consumer to survive the fast- correction. At the same time, it pays for higher changing and dynamic environment in When we have the final bill language loan rates and target prices by phasing today’s agriculture. for floor debate and action, and wade out direct payments to the farmer and Just when farmers and ranchers need through it, we not only find dramatic by cutting some $2 billion from the bi- new tools and new policy, and a new re- changes to the dairy title, but signifi- partisan crop insurance reforms we ality check, the committee is playing cant changes to the conservation title passed last year. Now, I am not happy the lead role in ‘‘Back to the Future.’’ as well. It is like Topsy; it tends to about that. We spent 18 months putting My colleagues, we did not even re- grow with each passing day and each together crop insurance reform as one ceive a final copy of the commodity passing vote. of the tools that we promised when we title of this bill until 1 o’clock a.m. on Mr. President, so much for process. passed the Freedom to Farm bill. The the same morning of the markup. Now, After all, fair and reasonable delibera- Freedom to Farm bill was passed on that alone is ludicrous and a black tion is in the eyes of the beholder. one side. And then there were about six mark on the committee. For those of Process does not mean much to the other promises that we made to try to us who have no offices to work from— producer down at the feedlot or the complement that bill. I am one of those who is a Member of country elevator or the coffee clatch. No farm bill by itself can do what we the ever-increasingly disgusted ‘‘Hart But, by golly, policy does. Policy sure all want to do on behalf of the Amer- Homeless Bunch’’ where we do not have counts. It counts because it directly af- ican farmer. It took 3 years to pass the an office, no access to files, limited ac- fects the farmer’s pocketbook and his crop insurance reform. Here we find cess to computers, limited access to future. that we are virtually phasing out di- telephones, and limited access to e- Today, as I said before, we are not in rect payments. In order to pay a higher mail due to closure of the Hart Build- very good shape. I do not criticize this loan rate and target prices, we are cut- ing—the situation was impossible. One bill because of intent or even the poli- ting $2 billion from the crop insurance o’clock in the morning we got the tics of bringing back outdated farm reform we passed last year. That is mark. program policies simply because it is wrong. Markup on the committee bill start- in the calcified bones of its authors and This business is supposed to provide a ed at 8:30. I was still trying to write my supporters. We all have our prejudices. better safety net again by phasing out statement to summarize my concerns I criticize this bill because I think it direct safety net payments and cutting at 8:47. I noted it on the clock. Staff will be counterproductive, because I do crop insurance, the one program we had not even had time to read the bill, not think it is going to work, that it have passed in the last years that let alone carefully craft a substitute will take us back to policy that does prompted an overwhelmingly positive with Senator COCHRAN, which we fi- not fit today, and it will increase addi- response from farmers.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.022 pfrm02 PsN: S14PT1 S13254 CONGRESSIONAL RECORD — SENATE December 14, 2001 I want to restate that. I do not think is not a safety net. Relying on loan and the much maligned Freedom to I can restate it too many times. The rates and target prices under those cir- Farm bill. It was not to take the Gov- bill takes money from a bipartisan re- cumstances is not a safety net. It is a ernment payments and transition them form bill passed last year to pay for a hammer. I think the farmer prefers the and march the farmer off the cliff when ‘‘scheme’’—that is not a nice word —a safety net. the free market does not exist. It was, plan that is shaping up to be a party- All of the uncertainty and unfair in fact, to give more decision making line battle. I do not think that is competition and lack of an aggressive, power and decisions to the farmer and, progress. consistent trade and export policy is with that flexibility, as I have indi- Now, my friends, we have been down why we moved away from the higher cated, five or six other initiatives: Tax this road before, and it did not work. loan rates and target prices and pro- policy changes, crop insurance reform, Some continue to insist that higher vided a guaranteed direct payment regulatory reform, aggressive trade loan rates will mean more safety net that the producers and their lenders— policy, and sanctions reform. We might protection for producers and will prop don’t forget the lenders—could count have been a little naive in thinking we up prices. I know that. I have listened on every year, especially when they could accomplish this, but I would hope to that argument during six farm bills. suffered a crop loss. we could accomplish this prior to con- It is an old argument. It is a good argu- We made a deal. We made a contract. sideration of the next farm bill. That ment, but it is a misconception, in my We even had a colloquy on the House was the goal. view. floor. Is this a contract? Can’t take it Before these changes, farmers used to First, our farmers only receive a pay- away? No. And we wrapped up what we put the seed in the ground according to ment under the marketing loan pro- thought was a reasonable investment dictates issued by the Department of gram, the loan program, if the market in regards to farmers and farm pro- Agriculture. It was what I called a price is below the loan level and if the grams only to face unbelievable command-and-control farm program farmer actually produces a crop. If the changes about two crop-years after policy. We lined up outside the ASCS producer does not have a crop to har- that, and we had to move to some office, now the FSA office, walked in vest, if there is a crop failure, of which emergency help. Even that was under and talked to Aunt Harriet. She made we have many—that is why the distin- the rubric or the architecture of the out all the paperwork and forms. And guished Senator from Mississippi, in 1996 act. you set aside this ground and then you his role on the Appropriations Com- Again, I am very concerned that the waited on Washington to figure out mittee, steps forward year after year, proposal before the Senate basically how much you had to set aside and to make ends meet—when farmers suf- pays for higher loan rates and target what you could plant, when you could fer from crop failures, all across the prices through a virtual phaseout of plant it. We were paying farmers for country, guess what. Then there is no these payments by 2006. This is the not growing anything. We lost market payment. So the loan rate really does wrong way to go. We do not think we share. We used to have 24 percent of not provide any income protection for should take away a payment our farm- the world market share in terms of a farmer who does not have a crop. ers and lenders can bank on—no pun global exports. Now we are down to When he needs it the most, the assist- intended—when they are drawing up about 18. Guess who is 17? The Euro- ance is not there. operating plans for each crop-year. pean Union. Guess who is going to be 18 Second, under the target price pro- We also need to remind everyone that posal, which, by the way, does not take next year and we will be 17, if we pass the commodity title before us today this bill? The United States. That is place until 2004—until 2004—farm prices tends to be less environmentally and have to be below the target price level not right. That was a dead-end street. conservation friendly than the proposal We are pleased that whatever pro- to receive a payment. Senator COCHRAN and I will put for- The problem is, crop failures often posal will be before us does at least result in reduced supplies that cause ward. Ours is the better bill in this re- maintain the planting flexibility. At high prices above the target price. gard because it is not coupled to pro- least we did retain that. But we are That occurred in Kansas in 1988 and duction. That is a big difference. When also concerned that because of the in- then 1993. In 1995 there was a freeze, a you have a payment program that is creased focus on loan rates and target drought. Again, a producer may have more dependent on actual production, prices, we may end up with budget ex- no crop, and if prices rise because of de- there is a greater incentive to farm posures that will force us back to set- creased production and supplies be- fragile land and use excessive chemi- asides and supply management—it cause of crop failures, there may well cals and pesticides to improve yields. would be an easy thing to do—in order not be the so-called target price coun- That is why the 1996 act was the most to avoid excessive budget costs. Then tercyclical payment. favorable to the environment passed up we are really back to the future. That Go through the history of past crop to that date. would be one of the most counter- failures where they occurred, count the This bill, with some differences in productive things we could do for U.S. bad years. It is possible that a farmer conservation, will have that as a hall- agriculture which must compete in a could have no crop to harvest, still remark. I do credit the chairman of the global marketplace. We may not like ceive no assistance through the loan committee for focusing on conserva- it, but that is the way it is. deficiency program and the so-called tion. But if you couple production and Furthermore, since the committee countercyclical programs in the com- your payments, that is what will hap- bill or the substitute’s basic tenet is mittee bill. If that happens —and I pen under the committee-passed pro- raising loan rates, let me reflect for a hope it doesn’t—does anybody here be- posal. Here again, we go back to the fu- moment on what the purpose of a loan lieve those producers and their farm ture. rate is. This seems to be the nexus of organizations will not be back asking In addition, we made a conscious de- the dispute between the two bills. Is for additional emergency assistance or, cision between two basic choices when the loan rate a market clearing device, for that matter, a higher loan rate or we wrote the last farm bill. We could or is it price support? I don’t think it target price? It has happened before. continue on a course of micromanaged can be both. If we set the price at $3 on I remember the late 1970s, the Amer- planting and marketing restrictions wheat and $2.08 on corn—and you could ican Agricultural Movement came to that have often put our producers at a do the corresponding number with Washington. Was that an experience. competitive disadvantage in the world other crops—it very well may become a As a result, we simply increased the market, or we could pursue a course ceiling on price. target price from $2.41 to $2.90. I think that would eliminate these restrictions We also understand the belief among that was what it was. The distin- and allow farmers to make their own many Members and some producers guished chairman of the committee at planting decisions based on domestic that a higher loan rate is a greater in- that particular time was Ambassador and world market demands, while also centive to put the crop in storage and Tom Foley, Speaker Foley, from the receiving guaranteed levels of transi- simply wait for a higher price. That is State of Washington. tion payments. the alleged goal of the loan program. What happens is, we simply increase That, in fact, was the primary pur- The question is, Would that result in the loan rate or the target price. That pose, the primary goal of the 1996 act a greater income for farmers, or does it

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.024 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13255 mean that they will simply pay higher you are WTO legal or whether you are Second, specialty crop and livestock storage and interests costs that would working out an international trade producers are eligible for this proposal. more than offset any increase in the agreement with which you can work. How many times have we heard the loan rate? We have to ask ourselves No. 5, let me say this is supported by livestock producer and those who rep- what raising loan rates does for those the administration, supported by the resent specialty crop producers—more producers who again suffer no crops President, and can be conferenced. All especially from the Northeast—com- and disaster. these groups and commodity organiza- plain that the farm program left them We are well aware of the problems tions that have come in here and writ- out? That is not the case here. The pro- our friends in the northern plains have ten letter after letter saying ‘‘move the ducers of fruits, vegetables, forestry, faced in the form of floods and bliz- bill,’’ if you want to move the bill, that and livestock are all eligible to receive zards, crop disease in recent years. can be conferenced with the House Ag- matching payments from the Sec- Time and time and time and time and riculture Committee, pass Cochran- retary. Ours is the only proposal that time again, with chart after chart after Roberts, and it can be signed into law will provide assistance directly to spe- chart, we have seen our distinguished this year. cialty crop producers. colleagues and friends across the aisle I think our approach is clearly the While the proposal across the aisle come down to the floor, 4 years, 5 better way to go as it provides a direct provides for specialty crop commodity years, 6 years, 7 years straight, and payment that reflects the unique and purchases, where most of the funding talk to us about the blizzards and the very difficult times we face in agri- goes to large cooperatives or busi- intemperate weather, the infestation, culture today. As I have said probably nesses, ours goes directly into the and goodness knows what else. These 10 times—and now I will say it for the hands of the specialty crop producers. are regional weather problems that 11th—it ensures that our producers will Finally, we want to clear up some would have occurred regardless of the get assistance when they need it the false statements that have been put farm policy we put in place. most, when they have no crop to har- forward regarding our savings ac- I grieve for those farmers. I vest. counts. They are not tax provisions. empathize with those farmers. We have While our colleagues across the aisle These are not tax-deferred accounts as that in high-risk country in Kansas as have looked to the past in creating have been proposed in separate legisla- well; not to that extent, but at least we their countercyclical program, we have tion in this and previous Congresses—I know what they are talking about. Can looked to the future. This is a unique am for those, by the way. However, we guarantee that higher loan rates program. It would ask the farmers and they can earn interest at a rate deter- would have done anything for these ranchers to pay a little attention. We mined by the bank where the account producers because they had nothing to have proposed the creation of a farm is established. harvest? The answer is no. They savings account, set up by a producer, Mr. President, the choice between wouldn’t have gotten a payment within conjunction with the Department of the two proposals could not be clearer out the crop under higher loan rates. Agriculture, at the bank of the pro- on the commodity titles, as I have So does it make sense to spend $73.5 ducer’s choosing. demonstrated. The proposal put for- billion on a new policy that won’t pro- Under our proposal, a producer can ward by the committee takes us back vide assistance to producers when they place a portion of their yearly earnings to the policies of the past while our need it? into a farm savings account. The Sec- proposal looks to the future and is It is because of these concerns that retary of Agriculture will then provide more consistent with the bipartisan Senator COCHRAN and I are offering our a matching contribution of up to proposal passed in the House that amendment to this legislation. Our bill $10,000, which will be based on the pro- largely maintains current loan rates is the only one of these two proposals ducer’s level of contribution and the and provides reasonable direct pay- that is, No. 1, nonmarket or production total number of producers who partici- ments to our producers. distorting. pate in the program. We also have serious concerns with No. 2, it provides a guaranteed direct The total level of funding in the ac- the proposed conservation title. It has payment to producers when they suffer count at any one time cannot exceed been changed considerably from what a crop loss, when they need it the 150 percent of a producer’s 5-year aver- passed the committee, and, in an effort most. age adjusted gross revenue. In addition, to attract votes, it is dangerously No. 3, it provides a new, innovative a producer can only pull funds out of mortgaging future farm bills by taking approach to a countercyclical program, the account in two instances: No. 1, funds from the budget baseline in the which I will describe in a moment. when his or her adjusted gross revenue years beyond the 5-year length of this No. 4, it creates a stronger footing for the year falls below 90 percent of proposed farm bill. I already referred for our international trade negotiators their 5-year adjusted gross revenue, or to that in terms of the one figure, $45.2 by enhancing the level of green box when the producer retires. billion over 5 years, leaving only $28.3 support we are providing to our pro- By putting in these withdrawal trig- billion for the second 5 years. So that ducers. gers, we are setting up a counter- is what we are talking about. Let me stop for a minute and indi- cyclical program that will only be trig- Specifically, they are jeopardizing cate that on the Daschle-Harkin bill we gered when an individual producer’s the future of some of our most popular have been warned by the administra- gross revenues fall below their histor- and successful environmental pro- tion that box may not be amber, it ical levels. Thus, it becomes truly a grams, including the Environmental may be red. We can get to the cutoff countercyclical program that guaran- Quality Incentives Program—EQIP— very quickly. If we are successful in tees that a small, or regional, crop loss Wetlands Reserve Program, Wildlife the WTO negotiations—and I don’t will not prohibit producers from ob- Habitat Incentives Program, and the know if we will be or not—it could containing assistance when they need it Farmland Protection Program. ceivably result in the WTO really tak- the most. Under the committee pro- Their proposal frontloads funding for ing us into the proceedings where the posal, and the substitute—a thousand these programs and then provides for United States government and the Sec- pages or more—producers may not re- draconian reductions in the baseline retary of Agriculture would have to ceive assistance, again, when they need for 2006 through 2011. At the same time, come back to our producers and ask it the most. it greatly increases funding for some- them to give money back. Senator There are three additional important thing called the Conservation Security GRASSLEY has a bill to address that, points we want to make regarding this Act. That is a new, interesting, but un- and it is a very important bill. I can’t farm savings account. I want to make tested program in 2006 through 2011. imagine it would come to that, but sure our colleagues understand this. I don’t argue that the Conservation why go down that road to begin with? First, participation is voluntary. A Security Act’s goal of providing con- So certainly, this bill doesn’t have producer only participates if he wants servation incentives on working lands that problem because you are in the to, but the incentive is that they will is not a good one. It is a good one. In green box, not the amber box. Those receive a matching payment from the fact, in our alternative we set aside a are the boxes we define as to whether Secretary of Agriculture. portion of our EQIP funds for activities

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.026 pfrm02 PsN: S14PT1 S13256 CONGRESSIONAL RECORD — SENATE December 14, 2001 on working lands. But I don’t think it or we can take the necessary steps to funding, and according to analysis by would be right, and I think it would be provide our producers and trade nego- the Food and Agricultural Policy Re- a critical and unfortunate mistake, to tiators with the tools necessary to search Institute (FAPRI) Cochran-Rob- eliminate the future of many of the open foreign markets and meet the de- erts/Roberts-Cochran will result in successful programs I just mentioned mands of the world market. higher market prices, i.e, overall re- in 2006 and beyond and, instead, stake The critics of our proposal have in turns from the marketplace, while the our conservation success on an untest- past years stated on the Senate floor Daschle-Harkin bill will actually drive ed program. that one day we will wake up and dis- prices lower than what would occur if We also remind colleagues that those cover that we are no longer the leader the current farm bill remains in place programs that would face the most sein agricultural exports. I just men- with no changes. vere cuts and restrictions in the out- tioned that we are about 18 percent in It is the same in Montana and in years are those that most directly im- all of the commodity exports globally. other areas of the country, according pact wildlife, livestock, and dairy pro- The EU is 17, and the trend is not good. to the FAPRI study, an independent ducers. It is just like we lost the market in re- study. Is this really the way we want to go? gard to automobiles. It is interesting Sure, I want a bill. I want to get it Senator COCHRAN and I don’t believe so. to note that many of the pitfalls suf- done. I want to get it done as fast as That is why you see a significant in- fered by the U.S. auto industry in the possible, but I do not want to support vestment in current conservation pro- seventies and early eighties were based the worst possible bill of the two. grams and the ramping up of these con- on an unwillingness to change policies I thank my colleagues for allowing servation programs in our bill. We and adapt to the desires of the con- me to speak at great length. I apolo- gradually increase funding for the pop- sumer market. gize to my colleagues for taking this ular programs that farmers now enjoy Could there be a similar effect for ag- much time. I have not had an oppor- and participate in over 5 years for all riculture if we proceed with the pro- tunity to talk about this yet. I have of the specific purposes that certainly posal that is put forward by the com- amendments to offer, but I wanted to are commensurate with the worth of mittee and continue down the path of take this time to fully explain my per- the programs. programs that will make us uncompeti- sonal view and the hard work that Let me say that we are not trying in tive in world markets and hamper our went into the alternative that I think this effort to point out the differences bargaining power at the WTO negoti- certainly merits the support of the ma- between the bills, to create a partisan ating table? jority in regard to where we go with fight in response to what happened re- My colleagues are correct. The the next farm bill. garding the process of the debate. We choices we make today and in the next I yield the floor. are simply putting forward what we be- few months will affect the future of ag- Mr. COCHRAN. Mr. President, I am lieve is better policy and a more re- riculture in the United States. My hope pleased to join the distinguished Sen- sponsible use of the funds available to is that we will continue to look, with ator from Kansas in offering a sub- it. our producers, toward the future, as I stitute, an alternative, to the Daschle The time is short in this session of have indicated, and not in the rear- proposal for agriculture legislation. It Congress, and even shorter as we speak view mirror and at the broken policies is important we recognize we are in- today on Friday. If we are serious of the past. volved in a process that does naturally about really finishing the farm bill this I have a letter that was addressed to and routinely, whenever Congress ad- year, we should pass our proposal, the Honorable TOM DASCHLE, majority dresses farm legislation, take a consid- which is very similar to the bipartisan leader of the Senate, and the Honorable erable amount of time. bill passed by the House and, again, TRENT LOTT, the minority leader, from At the outset, I am disturbed by which could be conferenced with that quite a few commodity groups and hearing news conferences are called for bill in a matter of days. farm organizations urging progress on the purposes of highlighting how Re- Our alternative does not slow the the farm bill so we can get it done this publicans are obstructing or slowing process. Some are trying to say we are year. down the consideration of this farm slowing down the process. We point out I emphasize again that I want the bill and are putting in jeopardy the that all the other titles of the sub- best possible bill we can get. Some pro- passage of a farm bill before this ses- stitute proposal—Senator COCHRAN and ducers in Kansas have been in touch sion of Congress adjourns. That is to- I sat down and looked at each and with me and asked: Can we get this tally unfair and unjustified. every one of them—we put forth are done? If we look over the history of farm very similar to those titles passed by I said: I hope so. But would you sup- bill consideration, the 1996 farm bill, the Agriculture Committee. We do not port a bill that would provide you $1.3 for example, under which we are now have a quarrel with those. We do not billion less over 5 years in Kansas than operating, there were over 300 amend- have any dispute. the bill we have proposed? Would you ments considered to that farm bill dur- Except for shifting some money from support a bill that robs crop insurance ing the consideration by the Senate. mandatory to discretionary and elimi- reform to pay for higher loan rates There have been only a handful of nating the partisan use of crop insur- which may depress the market? Would amendments considered so far during ance reform funding as an offset, we you support a bill that has a brand new this farm bill debate. They have all have largely left those titles intact. We conservation package that out on the been germane amendments, all con- agree with many of the principles that high plains we really do not know that science efforts to improve the bill or are contained within these titles. As I much about? And all of the additions change it in a way that will help pro- said, there is no dispute. that have actually been proposed? The vide more support that is needed by We always try to pass the best pos- answer to that is no. The answer to farmers in this perilous economic situ- sible bill when we are considering farm that is we want a better bill, and if you ation we are in, or in other ways bills. I do not believe the underlying have a better bill that can be changes farm policy the Senate has a bill is the best we can do. It is not time conferenced more quickly and sup- right to consider. to reinvent the wheel and go back to ported by the administration, it seems There are going to be amendments. I the policies of the past. We are at an- to me that is the way to go. do not know how many amendments other one of those historical crossroads Which bill has better results for Kan- are now pending. I am told there are in agricultural program policy. We can sas farmers? There is an outfit called over 30, according to our count last look forward or we can look back. We the Agricultural Food Policy Center— night. The point is, this is a serious can choose to return to the failed poli- the acronym is called AFPC—at Texas issue. It has huge ramifications, not cies of the past and put our farmers A and M University. They estimate our only for those involved in agricultural and ranchers at a competitive dis- proposal will provide $1.3 billion more production but also for American con- advantage on the world market at the in Government assistance to wheat sumers and the agricultural economy same time our dependence on the world farmers from 2000 to 2006. It also shows worldwide. So it is not a subject that market actually continues to increase, sorghum producers will receive more ought to be flippantly or quickly

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.028 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13257 rammed through the Senate under the that have been authorized in the past only in the loan rates I mentioned but pressures of the last closing days of the authorized funding levels, and the ap- also in the predicted constant level of session. propriations process then analyzes the Government support made available, If this was thought to be an appro- availability of funds, tries to deal with directed to producers of agricultural priate time to bring up a farm bill by the allocation of resources in a fair and commodities. the Democratic leadership, under the justifiable way, after hearings and con- Let me point out in some detail the obvious constraints of the time we sideration of what the needs are each differences in the commodity title in have available, why did they wait so year, so annually we make a decision Cochran-Roberts compared with the long? Why did they wait until the last as to how much money is to be spent. Daschle substitute. Our bill maintains few weeks of a session of Congress to This bill is going to predict and man- planting flexibility with a fixed pay- bring up a bill such as this? The House date over 5 years how much money has ment throughout the 5-year life of the passed a bill much earlier in the year, to be spent for each of those rural de- bill. In the last few years, Congress has even though at the time many of us velopment programs. That is new. That provided producers with supplemental thought it was not necessary to pass a is a dramatic change. That is really assistance because of the depressed bill that early. The legislation we are not good policy. The Senate had not prices and because of natural disasters under now does not expire until next heard about that, had not talked about which have struck many States. The September. Farmers are worried, and it, but that is in this bill. That is in the combination has created disastrous sit- justly so, that because of declining bal- Daschle substitute. uations. Congress has responded. There ances in the Federal Treasury, more I complained about it during the is no guarantee under the budget reali- pressure on the budget to wage a war markup. We received the markup pa- ties of today that we are going to be against terrorism, to deal with the re- pers in the middle of the night before able to continue that level of ad hoc alities we have to confront on that sub- we marked up at 9 a.m. This is another special emergency funding to provide ject, it may be more difficult to get the part of this rush to legislate. The com- those levels of support in the future. level of financial support for produc- mittee did not take time to have hear- That is another reason the Cochran- tion agriculture than we may be able ings, to consider carefully the options Roberts bill determines in advance and to get if we could act during this year. for a new farm as did the House. The sets out in clear language and numbers So that is really one of the reasons. House had hundreds of days of consid- in the bill the amount of payments the Another reason is so there can be a eration prior to the beginning of the Federal Government will make to pro- predictable level of support committed markup of the House bill. They had ducers of agricultural commodities. by the Federal Government to produc- hearings all over the country, hearings Another aspect of our bill that is dif- tion agriculture, those who are in- in Washington. Our committee had ferent is we maintain the successful marketing loan programs with loan volved in planting the crops, those who some hearings. rates that do not distort market prices. are involved in financing the planting There was a transition that made They do not encourage overproduction of the crops, a level of certainty and some difference. In March, the party and therefore have a depressing effect predictability so they can make plans majority switched in the Senate and on market prices. the new leadership of our committee for this next crop-year. So that is a le- A new farm savings account is au- gitimate concern as well. had the responsibility of taking over thorized in this legislation. This will be So we are trying to accommodate abruptly. That made it a little more money available to farmers from the those concerns and interests, but it is difficult. There was a startup problem. Government to match their own sav- very difficult. The pressures are tre- We have had the anthrax business in ings they invest in order to cushion the mendous to get this done and to get it the Senate. Senators have been dis- effect of years where commodity prices done quickly and get it to the Presi- placed from their offices. Staff mem- are lower. There are naturally going to dent so it can be signed and enacted bers have been displaced from their of- be ups and downs in market prices in into law. fices. There have been problems. There agriculture as there are in a lot of That brings into question, which have been challenges to the ability of other economic activities. This ac- process or which proposal, which alter- the Senate to work quickly to respond count creates a new 401(k) program for native, will likely serve that goal? I to the legitimate needs we have for ap- farmers. The Federal Government will suggest it is the Cochran-Roberts bill propriations legislation and other leg- match the money that the farmers put and not the Daschle substitute. The islation. That is the reality of the situ- into these accounts. Daschle substitute has an enormously ation. Another change that farmers will ap- high level of loan rates in it. That is There are amendments that I may preciate in this legislation we are pro- one of the big problems because that is offer on the rural development side. In posing is a provision allowing them to not going to become law. That is just fact, the Cochran-Roberts bill changes update their base acres. A lot of farm- not going to happen. That is pie in the these mandatory spending programs ers are convinced the system, the way sky. It is not a realistic expectation, into authorized spending programs so it works now and the way the program under the circumstances we have we can annually make decisions about is administered, penalizes them be- today, for a new farm policy to be en- the level of funding available and justi- cause it contains out-of-date informa- acted quickly without people under- fied. Instead of being able to project a tion and is not an accurate reflection standing all the ramifications. It is long period into the future of budget of the number of base acres that are such a dramatic departure from cur- surpluses, which was the case, we are farmed and on which the payments can rent law, past policies, and the impact confronting a new reality. We are not be calculated under this program. This it is going to have on commodity going to have as much money in sur- process allows farmers to be paid on a prices, the production levels of com- plus in the Federal budget as we ex- more recent production list. modities will distort the world market pected. That may affect the funding The conservation title I mentioned to such an extent it is unacceptable. levels realistically available for some briefly. Let me point out specifics in That is the big problem. of these rural development programs. the conservation title in Cochran-Rob- There are other problems with this All of them sound good, but we have to erts and why it is a very strong com- bill as well. There are huge numbers of view them in the context of budget re- mitment to the conservation of soil new mandatory spending programs alities and legitimate needs and how and water resources in our country. contained in this Daschle bill. In the effectively these funds will be used to There are higher levels of authoriza- rural development section of the bill, try to address the problems they are tion for the programs that have proved which we considered in our committee, designed to solve. to be successful in encouraging farmers there are numerous new mandatory One other aspect of difference be- to produce their crops in environ- spending programs. What is that? tween the Cochran and Roberts bill and mentally friendly ways. The center- These are programs where the spending the Daschle substitute is the conserva- piece of the conservation title is the of the money is directed by law at pre- tion title. We have a very strong con- Environmental Quality Incentives Pro- scribed levels for certain activities in servation title in our bill. The com- gram, known as EQIP. Under the cur- rural development. Those programs modity title is different, as well, not rent EQIP, there is an authorization

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.030 pfrm02 PsN: S14PT1 S13258 CONGRESSIONAL RECORD — SENATE December 14, 2001 level of $200 million per year, or $1.2 which cause farmers to produce for the We believe they are very important. billion over the 6-year life of the bill. loan deficiency payment, the over pro- We all have the habit, in this debate, of The Cochran-Roberts substitute raises duction cause prices to be further de- being a little bit provincial. We look at that authorization by $450 million, to a pressed. what we need in our States. What we level of $1.65 billion for the life of the I also support the improvements to have experienced in the State of Mon- bill. The Conservation Reserve Pro- the sugar program. The authority for tana—in the last 3 years especially, but gram is also increased from 36.4 million inventory management will help re- basically we are in the middle of a 5- acres to 40 million acres. The Wetlands store balance to U.S. sugar market and year drought. That cycle does not ap- Reserve Program is increased to 250,000 prevent more of our farmers from going pear to be breaking in our State. We acres annually. The Wildlife Habitat out of business. The elimination of the had a little snow here 3 weeks ago, but Incentives Program authorized at $25 marketing assessment was long over since then the temperatures have mod- million annually is increased to $100 due, as sugar was the only commodity erated and, again, we are into a very million each year. The Cochran-Rob- to be taxed for debt reduction. Sugar is dry fall. It is unusual for Montana. erts substitute contains a generous an important crop to my state and We have had winters when it has level of support for conservation pro- these improvements will help it remain been very good in my State, even grams. a viable part of Idaho agriculture. Har- though we are on the northern tier. In summary, these are the reasons kin does all of this and gets rid of the Nonetheless, it has been a dry fall and why the Cochran-Roberts bill is a pre- loan forfeiture penalty. This proposal of course we live in the part of the ferred alternative to the Daschle sub- does not contain a so-called national country where, if it does not winter, it stitute. It is trade friendly; it is con- dairy program that benefits some dairy does not summer. We are afraid of that sistent with the WTO rules; loan rate farmers at the expense of farmers in again. levels are consistent with the House my State. We should work on a na- The present legislation, the Daschle bill, which makes the bills more easily tional policy that is fair to all farmers substitute, still offers some very trou- conferenced. The Daschle-Harkin ap- and that makes us more competitive bling proposals. The day before yester- proach is not going to be easily on the world market. I am pleased that day, an extended debate was headed by conferenced with the House. In my dry peas, lentils, and chickpeas were our good friend from New Mexico, Sen- view, it will be impossible to con- included as a farm program. Loan rates ator DOMENICI. In the conservation ference with the House. It cannot be and LDP’s will help these crops remain title there is a section title dealing reconciled with the House because of competitive with wheat and canola in with CRP, to thrust the Government that fundamental major departure. rotations along the northern tier into a position where they can buy out, Cochran-Roberts provides a strong states, this is in Harkin. I also support or coerce out, a farmer or rancher’s commitment to conservation. I men- the nonrecourse loans for wool and water rights. This would involve going tion that again because some are sug- honey. Our wool growers have seen around the State water adjudication gesting we are not providing enough wool become an expense rather than process, going around water trusts that support for conservation programs in additional income from their sheep, have been set up for States such as Or- our alternative. That is just not true. this program will help to overcome egon and Montana and other Western We have a farm savings account that. Both wool and honey, as other States. which will help counter adverse price commodities, have been adversely im- We are still looking at that section. cycles. The administration supports pacted imports and it is time these Even though it was amended to allow our bill. The President will sign a bill commodities have programs as other States to opt into the program, we are that is based on the principles of the commodities do. I am pleased with the still looking at it because I think the Cochran-Roberts bill. Support for increases in EQIP, Environmental whole subsection of the conservation Cochran-Roberts will produce a bill and Quality Incentives Program, funding title should be stricken. We could talk a new farm law, not just a campaign and the improvements to this program about that and offer another amend- issue. that is vital to our cattlemen who are ment on that, but that would not be I urge Senate support. working to comply with water quality productive during this debate. But I do Mr. CRAIG. Mr. President, the last issues. have a couple of amendments I am few years have been very hard on all of The grasslands reserve program is a going to offer now. Agriculture because what farmers are proposal I introduced earlier this year I ask unanimous consent that other getting for crops often does not cover and I am pleased that it was incor- pending amendments be set aside. the cost of production, let alone make porated in this amendment. This pro- The PRESIDING OFFICER. Is there a profit. posal will help keep working land- objection? Because of the prolonged slump in scapes intact which will benefit the In my capacity as a Senator from commodity prices, earlier this year we ranchers, rural communities and wild- New Jersey, I object. were on the floor debating additional life that are dependent upon them. Mr. BURNS. While we are in the assistance to farmers. I supported the There is much more to this amendment process of reviewing that, there are $5.5 billion in emergency farm aid for in all of the other titles but I will not other areas of this legislation where we the last 3 years, because I believe if we go into detail, rather I would like to could offer amendments, areas which I want our farmers to stay in business congratulate Senators COCHRAN and believe have to be addressed by this and our rural communities to survive, ROBERTS for assembling a well-bal- body and by this Government. we must help them until prices come anced piece of legislation that works to We have a situation on the northern back. However, Congress cannot keep address the different needs in every re- border with our good friends in Canada doing these ad hoc disaster bills. We gion of our country. that is intolerable when it comes to must provide more certainly to farmers The PRESIDING OFFICER (Mr. movement of farm chemicals back and across the Nation, which is why I am CORZINE). The Senator from Montana. forth across the border. We have farm- pleased Congress is taking up the farm Mr. BURNS. Mr. President, I rise ers in Montana who farm both sides of bill. However, I am disappointed that today in support of the Cochran-Rob- that international boundary. We would such a bipartisan issue has been made erts approach to this problem. I think like to normalize those labels of like partisan. It is my hope that we still it is a middle-of-the-road approach to chemicals that are labeled to do the have time to pass a farm bill with good where we are under today’s policies, same things. So far, we have not been agriculture policy to help our farmers, what was proposed and what was voted able to do that. I think it would be in- ranchers, and rural communities. That out of the Agriculture Committee. appropriate, again, to offer an amend- is why I support the Cochran-Roberts Yesterday there were a few of us who ment, hard and fast, where we could alternative. A proposal that will pro- believed the cloture vote was not a deal with that problem. But I will be vide support for our farmers when they good experience. Most of us who had submitting some language because this need it and not send signals to produce amendments, and substantive amend- does involve the EPA, the Department when the market can not bear the pro- ments, had not been able to talk about of Agriculture, and it also involves our duction. Harkin has high loan rates those amendments or even file them. International Trade Representative. To

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.033 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13259 get them involved, report language is There was a reason for it. Back then, There is also another reason for this going to be needed in order to deal with we had the ‘‘big five.’’ There was Wil- amendment. We have seen in rural that problem. son, Swift, and Cuttahay. I have a fan- areas that our smaller towns have We could also talk about captive tastic memory, but it is short. Back in dried up. We have seen very good pro- shipper in those areas where we only those days we had the five major ones ductive land put into the Conservation have one railroad. There is an old say- when we talked about livestock mar- Reserve Program. Instead of the farmer ing in Montana that you farm the first keting and processing. Now the move- selling the land to a young farmer, year for the Government, the second ment of slaughter animals to market is they have put it in there. And they go year is for yourself, and the third year reversed. The chicken industry is a where the snow does not fly. is for the railroad, because they take horizontal and vertical entry. In fact, I It is really not a bad deal, when you about a third of your crop just to move would say it is done 75 percent of the think about it. But it is counter- it to the processor or to the export ter- time in the hog business. They have productive to our communities when minals. We are in a position where it ‘‘chickenized’’ the hog business. But in the biggest base is production agri- costs us more than it should. It is cattle, they have not. If 80 percent of culture. Those lands should be kept in funny that you can ship grain from the cattle are going to move to the production. After all, the American Omaha to Minneapolis or Portland plants without going through a stock- people have decided they want their in- cheaper than you can ship it from Mon- yard, or commission house, or an auc- surance policy, called ‘‘plentiful food.’’ tana. We have to deal with that, and so tion market, then another firewall has They want the quality and the quan- far we have not been able to come to to be built. tity. They also want the grocery store grips with how to deal with monopolies There is a very good reason for that. open 24 hours a day. That is the reason in a State, especially when it impacts The intent of the law was good, and it for this amendment. the movement from a State that pro- worked. It worked to benefit the pro- I ask unanimous consent that the duces raw materials. ducer. That is why the amendment pending amendment be set aside. Of course, we have that situation in that was voted on yesterday in the The PRESIDING OFFICER. Without grain. We have the situation in coal. It Chamber which came from the live- objection, it is so ordered. impacts the cost of energy. It also im- stock area was successful. AMENDMENT NO. 2607 TO AMENDMENT NO. 2471 pacts the cost of farming. We forget I ask the Chair, How are we doing? Mr. BURNS. I send the amendment around here that agriculture buys re- Can I offer my amendments? to the desk. tail and sells wholesale, and usually The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The pays the freight both ways. ator may offer his amendments. clerk will report. We could also get on the old populist Mr. BURNS. I ask unanimous consent The assistant legislative clerk read line, that what is lacking in agri- to set the pending amendment aside. as follows: culture today is that for years—and I The PRESIDING OFFICER. Without The Senator from Montana [Mr. BURNS] suggest this to my friend from Kan- objection, it is so ordered. proposes an amendment numbered 2607 to sas—for years we lived on the part of Mr. BURNS. Thank you very much. I amendment No. 2471. the consumer dollar that ranges from appreciate that. Mr. BURNS. Mr. President, I ask 15 cents to 20 cents. That is not true I offer this amendment, and I will unanimous consent that reading of the today. We are down to 9 cents or 10 talk more about it later. But it is a amendment be dispensed with. cents. limitation on the amount of acres that The PRESIDING OFFICER. Without We have no lever in the market. We one landowner could put into CRP. objection, it is so ordered. can’t just go to the marketplace and The CRP is a well-intentioned pro- The amendment is as follows: say: No, it cost me $4 to produce the gram, but it has been changed. I guess (Purpose: To establish a per-farm limitation grain. I am not going to sell it for less it evolved. It has been done mostly on land enrolled in the conservation re- than $4; that would be silly. Because through Executive order rather than serve program) that is like going to a store or tractor through legislation. On page 205, strike lines 8 through 11 and dealer or fertilizer guy, who can say: I think it is about time that we get insert the following: No, it cost us so much for the fertilizer, the Conservation Reserve Program (c) MAXIMUM ENROLLMENT.—Section 1231(d) and this is what it is going to cost you. back to its original intent. The intent of the Food Security Act of 1985 (16 U.S.C. was to set aside those undesirable or 3831(d)) is amended— And guess what. We pay them. But a (1) by striking ‘‘The Secretary’’ and insert- farmer doesn’t have that leverage in highly erodible acres, and the Govern- ing the following: the market that he once had. ment would reimburse the farmer for ‘‘(1) IN GENERAL.—The Secretary’’; Yesterday we had an amendment good conservation practices. It was (2) by striking ‘‘36,400,000’’ and inserting dealing with packer concentration, ba- very successful. I don’t know of a time ‘‘41,100,000’’; and sically, saying the packers could not in Montana when we have had a better (3) by adding at the end the following: own livestock, or, if they did, they habitat for our upland game birds— ‘‘(2) PER-FARM LIMITATION.—In the case a could only own it for 14 days prior to grouse and pheasant. contract entered into on or after the date of the scheduled slaughter. I don’t know We had the situation where some enactment of this paragraph or the expira- how you get 14 days and I don’t know people under farm programs were plow- tion of a contract entered into before that date, an owner or operator may enroll not how you define that—that is yet to be ing from fence row to fence row. Lands more than 50 percent of the eligible land (as determined. that should have never ever been bro- described in subsection (b)) of an agricul- There is a reason for this. There is ken were going into cropland. tural operation of the owner or operator in going to be a reason we should deal We kind of killed two birds with one the program under this subchapter.’’. with the Packers and Stockyards Act, stone. We said: OK. Let us set some of Mr. BURNS. Mr. President, that is because that is a law that was written those lands aside. Maybe that will cut the amendment on which I just had the way back in the 1930s and it has never back a little bit on production. That opportunity to speak. been amended or changed in a sub- will give us a better market. But those I ask unanimous consent that the stantive way. Back in those years when highly erodible and marginal lands amendment be laid aside and that I be I was a lad, I would say 80 percent of could also be used for a very good use— allowed to offer the second amend- the livestock that was marketed went for the environment and the mainte- ment. through terminal markets. We can re- nance of our habitat for our wildlife. The PRESIDING OFFICER. Without member the great stockyards in Kan- I don’t know of a farmer or rancher objection, it is so ordered. sas City, Omaha, Chicago, Minneapolis, who doesn’t like a little bit of wildlife AMENDMENT NO. 2608 TO AMENDMENT NO. 2471 or South St. Paul, Sioux Falls, and around. I know I do. My father even The PRESIDING OFFICER. The Sioux City, East St. Louis—all the planted little areas of lespedeza, and clerk will report. great terminal markets. Over 80 per- put four rows of crops around it. It was The assistant legislative clerk read cent were marketed that way. Packers covered with quail in those areas. They as follows: specifically in that law were prohibited are a marvelous bird. The Senator from Montana [Mr. BURNS] from owning a commission house or This amendment deals with the proposes an amendment numbered 2608 to stockyards. amount of land you can put into CRP. amendment No. 2471.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.049 pfrm02 PsN: S14PT1 S13260 CONGRESSIONAL RECORD — SENATE December 14, 2001 Mr. BURNS. Mr. President, I ask I thank the Chair, and I thank my We have had a lot of discussion with unanimous consent that reading of the good friends who are managing this bill respect to a farm bill, and it is about amendment be dispensed with. because it is difficult to do that, at numbers—carryover stocks, loan rates, The PRESIDING OFFICER. Without best. But we will start talking about direct payments, a whole range of num- objection, it is so ordered. two other items and offering some re- bers. No one really talks of values. The amendment is as follows: port language that deals with those This debate is much more than just a (Purpose: To direct the Secretary of Agri- items so that we can start the process discussion about numbers. It is a dis- culture to establish certain per-acre values to deal with that. Those items deserve cussion about values: What kind of a for payments for different categories of to be debated. I think everybody in this country do we want to be. What kind of land enrolled in the conservation reserve body needs to know the particulars of an economy do we want to have? Who program) what is involved with captive shippers do we want to produce America’s food? On page 212, strike lines 13 through 15 and and the problem we have in the nor- insert the following: Does it provide security to have a net- malization of labels when we talk work of family producers scattered reduce the amount of payments made by the about farm chemicals and fertilizers. across this country, producing Amer- Secretary for other practices under the con- Mr. President, before I yield the servation reserve program. ica’s food? Does that produce a more ‘‘(j) PER-ACRE PAYMENT LEVELS.— floor, I ask unanimous consent that my secure food supply? Those are the ques- ‘‘(1) IN GENERAL.—Not later than 1 year amendments be set aside and we return tions we also ought to be discussing. after the date of enactment of this sub- to the amendment that was considered I have expressed to my colleagues section, the Secretary shall conduct a study before I offered my two amendments. previously my feelings about farming to determine, and promulgate regulations The PRESIDING OFFICER. Without and family farmers and ranchers in my that establish in accordance with paragraph objection, it is so ordered. State and other States. The Presiding (2), per-acre values for payments for dif- Mr. BURNS. I thank the Chair. ferent categories of land enrolled in the con- Officer today is from the State of New I yield the floor and suggest the ab- Jersey. It is a large State, an urban servation reserve program. sence of a quorum. State. His experience and background ‘‘(2) VALUES.—In carrying out paragraph The PRESIDING OFFICER. The (1), the Secretary shall ensure that— would be different than mine. I come clerk will call the roll. ‘‘(A) the per-acre value for highly erodible The assistant legislative clerk pro- from a town of 300 people. The Pre- land or other sensitive land (as identified by siding Officer likely grew up in a town the Secretary) that is not suitable for agri- ceeded to call the roll. Mr. DORGAN. Mr. President, I ask slightly larger than that. cultural production; is greater than It seems to me that all of us coming ‘‘(B) the per-acre value for land that is unanimous consent that the order for suitable for agricultural production (as de- the quorum call be rescinded. together in this Chamber represent the termined by the Secretary).’’. The PRESIDING OFFICER. Without gridwork of America, bringing dif- Mr. BURNS. Mr. President, this objection, it is so ordered. ferent perspectives and different values amendment also deals with conserva- Mr. DORGAN. Mr. President, this from different parts of the country to- tion reserve. The original intent was to morning we have had a generous dis- gether in a discussion about who it is take those marginal and erodible acres cussion of farm policy. Some see me we are and what we want to be. That is out of production and set them aside. come to the floor of the Senate and why I rise to talk for a moment about This amendment pays the landowner say: Oh, no, here comes the farm family farming in North Dakota and more for the acres that he sets aside speech again. Probably that is the case what it provides for our rural lifestyle. that are the lower class lands and soils because family farming is very impor- My little town of 300 people just had and pays less for the productive land. tant to this country, to its future, and their last high school prom last May. It This is an incentive for the farmer or the passion I have for trying to do was the last high school prom because rancher to set aside the land that we something to keep a network of food it was the last year of their high really want to see in the Conservation producers in our country represented school. I graduated many years ago Reserve Program, and it will do every- by families living on farms in America from that same school in a class of thing that we wanted to do that I is a passion that doesn’t dim. And so I nine. There were seven boys and two spoke of on the first amendment. will respond to some to the discussion girls. It is fairly straightforward. If we to date. (Mr. INOUYE assumed the chair.) think this program is important, then We have been debating the farm bill Mr. DORGAN. Well, the years passed we must fulfill the intent of the pro- all week. Today we are in a town large- and passed, and some more years gram and give the producer the incen- ly vacated. We don’t have record votes. passed, and they came to last May tive to carry it out. I think that is The Chamber is largely empty. We are when the high school in Regent, ND, what this does. in a situation where we will now take was closed. They held their last high I will offer amendments as we go the farm bill into next week because school proposal. So the Regent Ranger along, but those are the two main we had a cloture vote to try to cut off basketball team and that high school amendments that I wanted to offer to a filibuster yesterday, and we did not are history. That is happening across the Daschle substitute of the farm bill. succeed. Fifty-four Members of the much of the Farm Belt in the small I hope as we march down this road to Senate voted to restrict debate so we towns that are shrinking like a plum try to craft this legislation that we can could finish the farm bill, and that was to a prune, just shrinking up. at least take a commonsense look at not enough. It requires 60 votes. So the question for many is, Does it these amendments. We have some in this Chamber who matter? Isn’t that the inevitable march It seems in agriculture when you have decided to slow-walk this farm of progress, the drumbeat of moving start talking about a farm bill every- bill. While that is not unusual—that ahead? Isn’t that inevitable? Why not body becomes a farmer. Sometimes we happens on legislation—no one has ac- just accept it? get led astray when we are not living tually confessed to that strategy. They There are things that we lose in this in the real world on what it is like in just have done it. Actually, on a good country when we decide that that the country. day no one accuses the Senate of speed- which is rural doesn’t matter. I will I want to tell you that there is only ing. But on bad days, this is almost give you some examples. I have men- one problem in the country; that is the glacial in terms of its movement. That tioned before these examples. Nonethe- price. Everything else would go away if is what has happened in recent days less, they are important. If you are in we were getting a fair price for the with respect to the farm bill. need of a hotel room and are in product. The price we get now has very I listened carefully to the discussion Marmarth, ND, this evening, there is a little to do with the cost of the final this morning and to the discussion ear- hotel in Marmarth, ND. No one works product we buy in the grocery store. lier in the week with respect to those there, however. You just go in and you As I said, we were very happy when who don’t like the farm bill that came take a bed, and the next morning when we used to receive 15 to 20 cents of the out of the Senate Agriculture Com- you leave, there is a cigar box attached consumer dollar. Now we are down mittee. I am reminded of the person to the inside of the door and they around 9 or so. That becomes a real who knows the cost of everything but would like you to put some money in strain. the value of nothing. it, if you can. That is how you get a

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.053 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13261 hotel room in Marmarth. Admittedly, he felt about that. His response was: say everything is just fine. But that ig- it is a small town. Marmarth has 70 or Well, the question I have about the nores the truth—the fundamental truth 80 people now. It is an old railroad sheriff’s suggestion is, what if some- that somewhere all across rural Amer- bunkhouse that they use as a hotel. body needs to use my pickup truck? ica this morning families were waking The door is open for you if you need a So that is where I come from. That is up on farm after farm after farm won- place to sleep. Just put some money in a set of rural values that you won’t dering how long it is going to be before the cigar box. find in some other parts of the country. they lose their farm. How long before That is part of a system of rural val- These are wonderful places in which to they lose their hopes and dreams of ues that I think is important to under- live and raise children, places with trying to make a living by scratching stand. Another part of my State, down good neighbors. So this is more than the land and planting a seed, how long? the road, also in the southern part of just about dollars and cents. It is more You can’t imagine the letters we re- the State, is Havana, ND. People maga- than just about graphs and charts that ceive from people who have lost every- zine did a story about Havana. They people show with lines and bars on thing. A woman called me a while ago. have a cafe in Havana, a little res- them. It is about values, a value sys- She and her husband got married just taurant, but it is also a very small tem. out of high school and started a farm. community. I believe it is under 100 Let me speak for a minute about That was about 25 years ago. It was a people—perhaps just under 200. In any what is happening in rural America. dairy operation. If anybody knows any- event, in order to keep the restaurant The discussion we have heard this thing about dairy, you know how hard open, because they can’t afford to keep morning is about our plan versus their that is. You milk every day, twice a it open under regular circumstances, plan. Well, look, every plan that ex- day, early in the morning and at night. they asked the townspeople to sign up isted in the last 30 years had been a She said for 25 years they have each week for when they can work plan during which, when implemented, scrimped on everything; they don’t go we have had this relentless march there for 2 hours—for free, for nothing. to town on weekends or at night, and away from rural America. That is the way the community keeps they don’t spend money foolishly on the small town cafe open. There is a Lutheran minister in New England, ND, who told me that she anything. They wait an extra year to In Tuttle, ND, a little town of less buy Levis for their kids for school. than 100 people, they lost their grocery conducts four funerals for every wedding. She says: For every wedding I They called me and told me a story. store. That wasn’t satisfactory to the She said: The bank says they are conduct in my Lutheran Church, I con- people in Tuttle, so the city council de- going to foreclose on us because the cided they would build their own gro- duct four funerals. I thought, that is the opposite of that price of milk is too low and we can’t cery store. So you have a city-owned movie, ‘‘Four Weddings and a Fu- make a living milking 80 cows. What grocery store there. Some would call neral.’’ In rural America, it is four fu- are we going to do? It is the only thing that socialism, but they simply wanted nerals and a wedding. Why is that the we know. It is what we decided to do a grocery store, so the city built it. I case? Because the population is grow- after high school. Our dream was to was there the day they opened the new ing older, young people are leaving, run a family farm. We have done it for grocery store. They asked me to come. family farmers are going broke. This a quarter century. We are not trained They cut a ribbon on Main Street. rural lifestyle of ours is decaying and for other things. Can you help us? They had the high school band out on atrophying. The question is whether That plaintiff cry, ‘‘Can you help a beautiful day. The sun was shining, the Congress cares about it, whether us,’’ comes from all corners of rural the wind was blowing gently, and the there is a public policy in Congress America to the U.S. Congress, asking: high school band played on the streets that matches the kind of public policy Do you care whether family farms to celebrate the opening of the city- Europeans have already embraced that produce America’s food? If you do, give owned grocery store. Good for them. says: Do you know what we want for them a decent opportunity to make a In my hometown of Regent, they had our future? We want a network of food living if they are good managers. a robbery. They had not had one for an producers represented by families, pro- That brings me to the point of the awful long time. The county sheriff ducing food on the land across Europe. numbers. When a family farm in rural from Mott came rushing over in his We want that for food security pur- America today raises a bushel of car. He had his lights and siren on be- poses and for economic and cultural wheat, they are paid a pitiful sum for cause he doesn’t get a chance to use and social purposes. They have done it. that bushel of wheat by the grain trade them that much. He came rushing in Go to Europe and go to a small town because the grain trade says that food and discovered someone had stolen and ask yourself whether that town is they produce isn’t worth anything. some money from a home. He inves- living or dying. It is alive. Do you It is inexplicable to me that in a hun- tigated and announced that there was know why? Because families out there gry world where half a billion people go no sign of forced entry because these are making a living on the land pro- to bed at night with an ache in their folks had gone on vacation for 2 weeks ducing crops. belly because it hurts to be hungry, our and had not locked their house. They This country points to Europe and farmers are told their food has no had left some cash in their home and says it provides subsidies to its farm- value. It is just inexplicable. That is someone had stolen some cash. But ers, as if it is an accusation. Yes, it what the grain trade says to the family there was no sign of forced entry be- does, because that is the kind of econ- farmer, but that food the grain trade cause, having left for vacation for 2 omy it wants. When prices for food col- tells the family farmer has no value is weeks, they didn’t lock their home. lapse on the international markets, put on a railroad that in most places The county sheriff said to the resi- Europe says they want to maintain a charges monopoly rates to a farmer to dents: There are two things you ought network of farmers in rural Europe. So, haul that grain to the market. to consider doing. One, if you are going too, should the United States decide From that market, a cereal manufac- on vacation, consider locking your that family farmers matter. Family turer will take from that bushel of home. Two, if you are going to leave farming is much more than just the act wheat a kernel and puff it, and by the your vehicle on Main Street, consider of planting a seed. Family farming pro- time they get that puffed kernel of taking your keys. The people in my duces communities. It is the blood ves- wheat and stick it in a cereal box, seal hometown down at the cafe talking sel that creates small communities. It it up, put bright colors on the box, send about that discovered there was a prac- is where we raise children and educate it to the grocery store, and put it on tical problem for the first suggestion. children, and those family values that the shelf, they will sell that for $4 for Most people didn’t have keys for their start on the farm and roll from family a small box. All of a sudden that food homes. Regarding the second rec- farm to small towns to big cities nour- does have value. It just had no value ommendation, the county newspaper ish and refresh the value system of this for the person who bought the tractor pointed out that the county sheriff country. That is why this issue is im- and planted the seed and took the risk. thought people should remove keys portant to some of us. The value is to the company that from vehicles on Main Street when We can ignore this, we can pretend took the kernel of wheat and puffed it, they parked. They asked a rancher how the problem doesn’t exist, and we can or the rice or the corn and flaked it

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.056 pfrm02 PsN: S14PT1 S13262 CONGRESSIONAL RECORD — SENATE December 14, 2001 and created the pop and the crackle, Today we have a discussion by some flexibility to make their own planting and then sold it for $4 or $5 a box. That who say they want to offer an amend- decisions, and they should have that. is where the value is, apparently. ment. We have been waiting for that Absolutely. They have it under the cur- Farmers have increasingly lost their amendment for, I believe, 4 days now; rent law. They will have it under the share of the food dollar as they are the amendment will reduce price sup- new law. That makes good sense. pressed from above and pressed from ports for every single commodity. It It does not make any sense to begin, below by increasing monopolies in vir- will reduce the price supports for even before this bill is passed, pulling tually every direction that a farmer wheat, corn, barley, oats, oil seeds, and the rug out from under price supports looks—hauling their product, selling soybeans. saying somehow we want to provide their product, buying their chemicals, It seems to me reducing price sup- less to family farmers than they need buying their seed in virtually every di- ports—and the bill that came out of to survive. rection. Then when the Federal Gov- the Senate Agriculture Committee, in This is an extraordinarily important ernment gets about the business of my judgment, is not generous enough, time. We are not in session today with dealing with trade, saying to farmers, but at least it gets us at the starting votes. We are in session but have no by the way, we will let you sell over- line of what we need to do to help fam- votes. We return with votes on Tues- seas that grain you raised, we discover ily farmers—reducing price supports day. We will be working Wednesday the trade agreements this country has from that level, in my judgment, would and through the remainder of the negotiated with others are fundamen- make no sense at all. week, I expect. We expected and hoped tally bankrupt in the way they treat The proposition is: Let’s have a di- we would get this farm bill that came family farmers. rect payment to farmers that has no out of the Senate Agriculture Com- We negotiated one with Canada and relationship to price. That is Freedom mittee passed by yesterday or the day sold out American farmers, just sold to Farm, too. That is the current farm before. We were not able to break a fili- them out. We negotiated one with Mex- law. The current farm law, Freedom to buster. So now we have to, on Tuesday, ico and sold out American farmers. Farm—which title is sort of incon- come back and see if we can—or per- And the list goes on. gruous, in my judgment, but nonethe- haps Monday with no votes but then Farmers need a little help. Farmers less that is the title to it—has nearly Tuesday with votes—see if we can pro- are asking Congress to stand on their bankrupted rural America. vide some additional votes on amend- side for a change. Every single year Freedom to Farm ments and get to the end stage. Let me go to this question of what has been in force, we have had to do an My hope is those who have been de- kind of plan will work. We have a plan emergency bill at the end of the year veloping this slow-motion strategy will before the Senate that comes from the to keep people afloat. Why? Because understand that it serves no real inter- Senate Agriculture Committee. I know the underlying farm legislation is est. We are going to finish this bill. the administration does not like it. I awful. It does not work, and everybody The only thing that will have been ac- also know some of our colleagues who in the country knows it does not work. complished is we will have delayed dra- spoke this morning do not like it very The proposal that says what we real- matically the ability to pass a farm much. The administration wrote a ly need to do now is have a fixed pay- bill, and we will not have had the op- statement of administration policy; it ment, notwithstanding what prices are portunity to have a conference with is called SAP. There is an acronym for in the marketplace, is saying: Let’s the House of Representatives if this everything in this town. They said sup- continue what we have been doing. goes much longer. porting prices is self-defeating. The point is, we really should not Freedom to Farm is a proposal that We have a Republican chairman on support prices for family farmers. And says: Let’s have 7 years of declining the House side who is anxious to get to I fundamentally disagree with that. If payments. It does not matter what the conference. Congressman COMBEST— a big economic interest has a headache, market is. good for him—told the White House this town is ready to give them an as- If the market is $5.50 a bushel for and the administration some months pirin, fluff up their pillow, and put wheat and you do not need the help, ago when they said, Don’t write a farm them to bed. This town is ready to help you are going to get it anyway. That is bill this year; we do not want you to them at the drop of a hat. what Freedom to Farm is. They did not write a farm bill, Congressman COM- How about a family farmer who does calculate that instead of $5.50 a bushel BEST said to his own party: It does not not have much power? How about a for wheat, it collapsed to $2.50, and matter what you want; we need a new family farmer who discovers the grain Freedom to Farm was a miserable pit- farm bill, and I am going to do it. Good they sell has no value? Colleagues say: tance in terms of what farmers needed for him. I commend him. He is a good, Supporting prices is self-defeating. It is to stay out of bankruptcy. strong guy who pushed ahead and did not self-defeating. Supporting prices The circumstances are that a sub- it. He wants to go to conference with for family farmers is an effort to help stitute is going to be offered that says: us; the sooner the better. this country maintain a network of Let’s go back to a fixed payment, and My colleague, Senator HARKIN, has food production that promotes domes- if prices improve, we will still give pay- now brought a bill out of the Senate tic security in this country, promotes a ments. That is not my interest. In my Agriculture Committee, and we should lifestyle and a culture in America that judgment, family farmers do not want be in conference today had we not had is very important. It is not self-defeat- a payment. If they get $5.50 for a bush- a filibuster. ing at all. el of wheat, they do not want, they do Hopefully we can be in conference We have brought this bill out of the not need a payment, and they should next Wednesday. We owe it to the fam- Senate Agriculture Committee, and not get a payment. It is just very sim- ily farmers in this country to get this Senator HARKIN and many others ple. bill done and get it done right. brought it to the floor of the Senate. It What we ought to be doing for family We will, I suspect, hear from a lot of was reported out unanimously. Every farmers is something that is a counter- family farmers in the coming days title of the bill but one was voted on cyclical program that when prices are through their farm organizations. unanimously, and that was the com- collapsing and times are tough, we Every farm organization in America, modity title. That title was voted on help. When times are good, we do not every one that I am aware of, has and had a Republican vote, so it has a need to help. That is common sense, in asked this Congress to do this job now. bipartisan flavor to it. This bill was my judgment. Farm organizations and commodity virtually unanimous coming out of the The bill that was brought to us by groups have said: We support this job Senate Agriculture Committee. Senator HARKIN does exactly that. It being done now. It is just inexplicable Despite the fact there is an urgency makes a policy U-turn and says: Let’s to me that on behalf of family farmers to get this done and get it done now— understand Freedom to Farm did not this Congress will not rush to good pol- we are trying to get it done by the end work, and let’s put in place something icy. If this were some other economic of the year—yesterday we could not that is truly countercyclical. It retains sector with big companies and lobby- break a filibuster because some do not all the things farmers want; that is, ists filling the hallways, Congress like the price supports in the bill. planting flexibility. They want the would be rushing off and saying, When

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.058 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13263 can we get this done? But somehow tie today. I have a tie with pigs on it, lion—a lot less than the $19.1 billion we when it comes to the farm bill, we have but they are little pigs, not big pigs. are allowed. people who do not seem very anxious to That is what the farm bill is about— To hear some Members talk, one complete the work. helping the little person, helping the would think our support to U.S. farm- I began by talking about small towns family farmer who does not have a lot ers ought to be way down here. But as and values, and let me end again by of economic power like the big corpora- my colleague from North Dakota, Sen- saying this is about values. What does tions and the big businesses all over ator CONRAD, pointed out, time and this country want for its food produc- this country. time again, if we are down there, we tion in the future? Does it want family The Washington Post has it all are unilaterally disarming against the producers? If it does, then it has to de- wrong. They say the farm bill ‘‘would Europeans who are way up here. My velop public policy that complements institutionalize the insupportable ex- point is, under the bill in the Senate, those desires. I mentioned before that cesses of the past few years....’’ Ex- we are nowhere near coming to the Europe has done it. We have not. Some cessive spending in the farm bill is $19.1 billion allowed under the WTO. I of our friends point to Europe and say what they are alleging. They say we hope people do not have some kind of they are subsidizing their farmers. Yes, are spending too much money, we scare tactics out there that we cannot they are doing that. Good for them. should not do this because it is too do anything to have an effective farm Do you know why they are doing it? much money going out to our farmers. program. We cannot have loan rates. Because Europe has been hungry, and I had my staff do a little research. I No, we cannot do that. We cannot have it has decided it is never going to be thought I would put it in light of what countercyclical payments. No, that hungry again. We have people who are we are spending in this country. Dur- might disrupt WTO. I will point to this just benign about family farmers. We ing the Depression, public support to chart next week to show we are no- have people who say it does not matter farmers was first established. In 1940, where near the $19.1 billion. who farms America. We have big Federal farm support accounted for 3.9 My main objective on this farm bill agrifactories that can line up tractors percent of the Federal budget and .4 of is to have a sound farm bill for our on farms from California to Maine. a percent of the U.S. gross domestic farmers. My principal goal is not to That would be fine. All that has been product. In 1963, farm support ac- satisfy the bureaucrats at the World lost is families. Yard lights are not counted for 3.1 percent of the Federal Trade Organization in Geneva, Switzer- needed if there is nobody living out budget and .55 of U.S. GDP. Over the land. I repeat that: My principal goal is there. One can fly from Los Angeles to last 3 years, Federal farm support has to help farmers in America, it is not to New York and see almost no lights accounted for about 1.1 percent of the satisfy the bureaucrats at the World then. I do not think that advances Federal budget and .2 of a percent of Trade Organization in Geneva, Switzer- America’s interest. I think that retards U.S. GDP. land. We want to stay under the $19.1 it. In the farm bill we have before the billion. And we will. But there is no I think there is a difference in terms Senate, S. 1731, for the next 5-year pe- reason we have to be so intimidated of this country’s future about who pro- riod, Federal farm support is projected that we do not design a program that duces America’s food, and if we stand to account for about .65 percent of the utilizes fully our ability to operate with family farmers and believe in a Federal budget, the lowest ever, and .1 within that $19.1 billion. future with family farmers producing percent of U.S. GDP, the lowest ever. We have a safety valve in our bill. If America’s food and believe the values In 1963 it was .55 percent of U.S. GDP. the Secretary of Agriculture at any that come from rural America are im- When the Washington Post says we time estimates we are going to be portant to our country’s future, then it are spending too much of our national above the $19.1 billion, she can take ac- seems to me we have an obligation and income on agriculture, I have to won- tion ahead of time, in an orderly man- an opportunity now to do the right der, what are they talking about? Look ner, to limit our support to U.S. agri- thing. at the past. We are spending less and culture. Doing the right thing is passing the less of our national income on agri- Second, in response to trade, we have bill that came out of the Senate Agri- culture. I will have more to say about been diligent in our farm bill in re- culture Committee, getting it into con- that next week. sponding to the needs of our farmers to ference, and joining with Congressman Now I will respond to Senator ROB- sell their products abroad. In this bill COMBEST and Senator HARKIN in get- ERTS and Senator COCHRAN, and Sen- for five years, we devote $1.1 billion in ting this bill to the desk of the Presi- ator GRASSLEY, my colleague from added funding to promote trade over- dent. I do not know whether the Presi- Iowa, who spoke this morning about seas, such as through the Market Ac- dent will sign it. That is up to him. It the possibility that this bill would vio- cess Program and in the Foreign Mar- is not our job to anticipate what this late the WTO. He was greatly con- ket Development Program, Food for President might or might not do in ag- cerned about making sure we maintain Progress, and a new biotechnology and ricultural policy. It is our job to write our support to agriculture within the trade program. Over 10 years, the CBO the best farm bill possible, and that is WTO limitations. I agree. I believe we estimates that our bill would provide a what we should be about doing. should. We helped hammer out the total of $2.1 billion in added funding for I yield the floor. WTO; we should remain within it. How- advancing our trade opportunities I suggest the absence of a quorum. ever, we should not be slaves to it to overseas. The PRESIDING OFFICER. The the point of neglecting the interests of Again, the bill we have before the clerk will call the roll. U.S. farmers just because of WTO limi- Senate, S. 1731, came out of the com- The legislative clerk proceeded to tations. mittee on a voice vote and with a call the roll. Here is the data. This chart is com- unanimous vote on all titles—you can- Mr. HARKIN. Mr. President, I ask plex, but under the so called ‘‘amber’’ not get much more bipartisan than unanimous consent that the order for box we are allowed every year $19.1 bil- that; every single title was unanimous, the quorum call be rescinded. lion to spend on support for agriculture except the commodity title. It was not The PRESIDING OFFICER. Without in this category. That is what the con- unanimous, but it was bipartisan. objection, it is so ordered. cern is about. Right now the ceiling is Senator ROBERTS earlier this morn- Mr. HARKIN. Mr. President, I take $19.1 billion. That is what we are al- ing said our bill would take us back to the remaining few minutes we are in lowed to spend under WTO annually. the failed agricultural policies of the session today to respond to earlier Right now, the yellow is where we are, past. I have heard that phrase so many statements of my colleagues, Senator at a little over $11 billion. Under the times before—I thought we had given ROBERTS and Senator COCHRAN. projections of S. 1731, the bill before up on that phrase. Which farm policy is Before I do that, I will respond to the the Senate, under the baseline projec- he talking about that failed? Obviously editorial in the Washington Post today tion, we will go up to slightly less than the most failed farm income protection at the bottom of the editorial page, en- $15 billion over the 5 years, in any policy we have had is the so-called titled ‘‘A Piggy Farm Bill.’’ I thought given year over the 5 years; the max- Freedom to Farm policy of the last 5 in honor of that I would wear my piggy imum would likely be right at $16.6 bil- years. Don’t take my word for it. Ask

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.061 pfrm02 PsN: S14PT1 S13264 CONGRESSIONAL RECORD — SENATE December 14, 2001 any farmer in America what they My friend from Kansas said the prob- erts. If you believe the prices will be think about the Freedom to Farm bill. lem with loan rates is you have to high, as they were in 1996, you may They have suffered through years of de- produce the crop to get the loan rate. If want to vote for Cochran-Roberts. But pressed incomes and have had to rely you do not produce it, if you do not get if you think we will have some years on the uncertain prospect of emergency a crop, you don’t get a loan rate. Every where prices are low, as they are now farm income assistance year after year. farmer knows that. That doesn’t come our bill is the better bill. And look at You will not find a more failed agricul- as any big revelation. the projections. We are not having pro- tural policy in this country than Free- What he is saying is their direct pay- jected huge increases in prices in our dom to Farm. ment is better because they put more commodities in the next few years. S. But the Cochran-Roberts bill con- money into direct payments than into 1731, the bill that is before us, the com- tinues Freedom to Farm. That is all it loan rates. So if the producer does not mittee-passed bill, is the one that pro- is. It is the son or the daughter of Free- have a crop, there is at least the higher vides that safety net to farmers. dom to Farm. It is Freedom to Farm II. direct payment. I am surprised to hear Last, I want to thank so much our I say to all my friends in agriculture, if my friend from Kansas say that the di- majority leader, a valuable member of you like Freedom to Farm, you will rect fixed payments are needed to our committee. He is someone who love Cochran-Roberts because that is cover crop loss. He has been taking knows agriculture intimately, who has exactly what it is. credit, with former Senator Kerrey spent his entire adult life, in both the When my friend from Kansas, Sen- from Nebraska, for being the author of House and the Senate, working on be- ator ROBERTS, says the farm bill will the crop insurance reform bill that we half of farmers. Senator DASCHLE has take us back to the failed policies of passed last year. That bill beefed up provided the leadership that we need to the past, he must be talking about his the crop insurance program, both in get this farm bill through committee own proposal because it is Freedom to terms of loss of crops and in revenue and here on the floor. He has taken Farm that has failed us. protection. So not only do you have that leadership position to make sure What we do is we build four strong crop insurance but you have revenue that our farmers have that safety net, legs for farm income support in our loss insurance. That is what crop insur- that we have good conservation pro- bill. Yes, we do keep direct payments, ance is there for. That is why we put grams, and other programs in this bill, but not as much as what Cochran-Rob- money into it. including especially the new energy erts does. Then we have modestly high- The Senator from Kansas with good title in this farm bill. er loan rates to help farmers when they reason touted his crop insurance bill I pay my respects to Senator need it the most. We have a counter- last year. Now he must be saying that DASCHLE for his great leadership on cyclical payment to farmers when crop insurance is not enough after all this. He has provided that leadership prices are low. And we have conserva- to protect against crop losses. I don’t because he knows what the farmers, tion payments to farmers for being know for certain if that is what he is not only of South Dakota, need, but he good stewards on their land. saying. I look forward to hearing from knows what farmers all across this The Cochran-Roberts bill is really fo- him on that question next week. country need. They need the bill we cused on only one thing, direct pay- So that is what crop insurance is for. passed out of committee. And we need ments, exactly what we have had under If you have a lost crop, that is why we to get it done. the failed Freedom to Farm. There is a have a very sound, good, crop insur- We are here on Friday. We will be farm income stabilization account pro- ance program. The reason we have a back again the first of the week. We posal, but it is only an add-on to the loan rate is so at harvest time, when will have another cloture vote on Tues- direct fixed payments. So if you have prices are the lowest, that is when day, and we will see if our Republican low prices, you get the same payment farmers need the money and that is colleagues are willing to let us come to as you got when you had high prices. when they can get that loan rate. And closure on this bill. I will admit that if we have high it goes to the farmer. It doesn’t go to I say to my good friend from Indi- prices for the next 3 or 4 years, the the landlord in the way direct pay- ana—and he is my friend; I know we Cochran-Roberts bill will give farmers ments do. It goes to the farmer. That is have a little disagreement here on more money than what they would get where the loan rate goes. some aspects of this bill, but this is the under S. 1731. That is what they told The Senator from Kansas said farm- crucible of democracy, to work these farmers in 1996. In 1996 we had high ers and lenders can bank on direct pay- things out. Senator LUGAR knows I re- prices for agricultural products. It was ments. He forgot one thing: And land- spect him highly and have great admi- a good year for farmers. So they said: lords can bank on it, too. There is ration for him. Oh, what we will do is we will have probably nothing that has driven up I hope we can obtain a finite list of these direct payments out there. No land prices more and created more of a amendments; I hope we can list those matter what you get, we will have the land price bubble in the last few years amendment and bring this bill to clo- direct payments. It looked good to than Freedom to Farm payments. sure early next week. The farmers and farmers. Then commodity prices went AMTA payments are creating a land rural communities of America are de- in the toilet, we had very low prices, price bubble out there that has created manding this. They need it. They need and every year for the past four years real uncertainty and risk. it before the new year comes. I am Congress has had to come in with an So what our bill does is provide di- hopeful next week we can bring this to emergency bailout, emergency money rect payments that phase down but a close and we can give the farmers the for farmers. Is that what Cochran-Rob- continue. We also have modestly high- Christmas present they need and they erts wants? More of that? Where every er loan rates. We keep those loan rates deserve, and that is a farm bill that year we have to come back, again and at the set level. We don’t allow the they can count on, one that will shore again, for more emergency money for a Secretary to reduce them. up farm income, one that will keep us failed farm program? That is what will Under the current farm bill, the Sec- within the WTO limits, but also one happen. That is what will happen if retary may reduce loan rates. We say that will make sure that if there are Cochran-Roberts is adopted. It will be she cannot any longer. We also estab- low prices, we are going to be there for just like we had in the last 5 years. lish a good countercyclical payment in our farmers and we are going to have a At least under our bill we have better case of low prices. And of course we countercyclical payment and we will loan rates, loan rates that will guar- have our direct payments under the have that safety net there for farmers antee farmers that they will not get conservation program. which we have not had in the present any less than a certain amount. Couple So, again, that is why I believe S. farm bill. that with our countercyclical pay- 1731 is a more balanced bill. It is one Again, I hope we can bring this mat- ments, and farmers will know that no that has a safety net for farmers. Yes, ter to a close early next week. matter how low that price goes, they I will be the first to admit that if AMENDMENT NO. 2604, AS MODIFIED will have income protection at a set prices are high—they aren’t now—but Mr. HARKIN. Mr. President, I send to level. They are going to have that sup- if prices are high, farmers will receive the desk a technical modification of port in our legislation. more payments under Cochran-Rob- my amendment No. 2604.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.073 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13265 The PRESIDING OFFICER (Mr. DOR- the sale or production of livestock or poul- rected to conservation programs. The policy GAN). Without objection, the amend- try.’’. is good, and the political effect has been to ment is modified. Mr. HARKIN. Mr. President, I yield buy off environmental groups that might otherwise have opposed the broader pig-out The amendment (No. 2604), as modi- the floor. Mr. LUGAR. Mr. President, I appre- in which they now share. A little of the extra fied, is as follows: would also be used to shore up the food On page 941, after line 5 insert the fol- ciate the comprehensive statement the stamp and lesser feeding programs for the lowing: chairman has just concluded. Likewise, poor. But these are relatively small amounts SEC. . PACKERS AND STOCKYARDS. I have appreciated the statements of and a sop to conscience. Sen. Richard Lugar tried the other day to (a) DEFINITIONS.—Section 2(a) of the Pack- Senator ROBERTS and Senator COCHRAN change the priorities in the bill—limit the ers and Stockyards Act, 1921 (7 U.S.C. 182(a)), because they have also given a com- farm supports, spread them across more pro- is amended by adding at the end the fol- prehensive view of their thinking re- ducers and use the bulk of the savings to lowing: garding their substitute amendments. strengthen the feeding programs, especially ‘‘(12) LIVESTOCK CONTRACTOR.—The term Senator BURNS of Montana offered con- food stamps, which have been allowed to ‘livestock contractor’ means any person en- structive amendments this morning, as wither a bit. He lost 70 to 30; only three gaged in the business of obtaining livestock did Senator WELLSTONE, to initiate our Democrats supported him. It’s possible there under a livestock production contract for the process earlier in the morning. will be other such efforts before the bill is purpose of slaughtering the livestock or sell- I believe it has been a good day, a passed. This bill is not redeemable, but it is ing the livestock for slaughter, if— improvable. At the very least, a larger share ‘‘(A) the livestock is obtained by the per- constructive debate. Senators who are following the farm bill debate have a of the enormous sum could be spent on peo- son in commerce; or ple in need instead of on large producers who ‘‘(B) the livestock (including livestock pretty good idea of the parameters of love to preach free enterprise but not to products from the livestock) obtained by the the present discussion and likewise the practice it. Is that not something Democrats person is sold or shipped in commerce. choices that are going to be before us support? ‘‘(13) LIVESTOCK PRODUCTION CONTRACT.— on Tuesday when amendments come up We still have an opportunity to make The term ‘livestock production contract’ for further debate and votes. means any growout contract or other ar- substantial improvements on the prior- Let me interject into the debate ities as well as the aspects of programs rangement under which a livestock produc- today what I thought was a timely edition contract grower raises and cares for the in which moneys provide a safety net, livestock in accordance with the instruc- torial which appeared in the editorial provide proper incentives to produce tions of another person. page of the Washington Post this for the market, and provide support for ‘‘(14) LIVESTOCK PRODUCTION CONTRACT morning. I was startled by the headline our trade negotiators. GROWER.—The term ‘livestock production of the editorial, which is: ‘‘A Piggy Each one of us at one time or another contract grower’ means any person engaged Farm Bill’’. has given many speeches about the sal- in the business of raising and caring for live- It says: vation of American agriculture coming stock in accordance with the instructions of The Farm bill that Democratic leaders— from the great productive mechanism another person.’’. Majority Leader Tom Daschle, Agriculture of our farm situation and exports and (b) CONTRACTORS.— Committee Chairman Tom Harkin—are try- feeding people around the world—the (1) IN GENERAL.—The Packers and Stock- ing to push through the Senate before Con- yards Act, 1921, is amended by striking gress adjourns for the holidays is obscene. humanitarian aspects as well as the ‘‘packer’’ each place it appears in sections commercial ones. That has been elu- Those are very strong words to de- sive for a great number of reasons— 202, 203, 204, and 205 (7 U.S.C. 192, 193, 194, 195) scribe legislation we are now dis- (other than section 202(c)) and inserting some beyond our control as the Euro- ‘‘packer or livestock contractor’’. cussing. pean Community and others have sty- (2) CONFORMING AMENDMENTS.— It would institutionalize the insupportable mied these efforts. Nevertheless, our (A) Section 202(c) of the Packers and excesses of the past few years, in which bil- farm bill should not do so. Stockyards Act, 1921 (7 U.S.C. 192(c)), is lions of dollars in supposedly emergency payments have regularly been made to some of I appreciate the chairman’s careful amended by inserting ‘‘, livestock con- attention to the green and amber pay- tractor,’’ after ‘‘other packer’’ each place it the nation’s largest and least-needy pro- appears. ducers. ment situation of the WTO. I have no (B) Section 308(a) of the Packers and In the House, the Republican leadership doubt this is going to come into play in Stockyards Act, 1921 (7 U.S.C. 209(a)), is won approval of a similar bill over mild ad- the event we pass a farm bill coinci- amended by inserting ‘‘or livestock produc- ministration objections in October. Senate dent with that which now lies before us tion contract’’ after ‘‘poultry growing ar- passage would make the indulgent policy without taking more precautionary rangement’’. hard to alter when Congress reconvenes and measures. That concerns me and a good (C) Sections 401 and 403 of the Packers and the bills are put before a House-Senate conference committee next year. Farm lobbyists number of others who are simply inter- Stockyards Act, 1921 (7 U.S.C. 221, 223), are and their congressional supporters would far ested in the prosperity of this country amended by inserting ‘‘any livestock con- rather the Senate vote now than then, when generally. Movement of goods and serv- tractor, and’’ after ‘‘packer,’’ each place it the excessive supports in the bill are likely appears. ices in foreign trade I believe will en- to look less affordable. But that’s all the (c) RIGHT TO DISCUSS TERMS OF CON- hance all of our wealth, especially that more reason why the Senate should delay. TRACT.—The Packers and Stockyards Act, of agricultural America. 1921 (7 U.S.C. 181 et seq.), is amended by add- I am not in agreement that the Sen- I think we have to take a look at pri- ing at the end the following: ate should delay, but I do take at least orities. I thought the initial amend- ‘‘SEC. 417. RIGHT TO DISCUSS TERMS OF CON- some cognizance of the Washington ment offered this morning by Senator TRACT. Post’s evaluation of where things stand WELLSTONE of Minnesota was very in- ‘‘(a) IN GENERAL.—Notwithstanding a pro- to date. teresting. It clearly has the effect of vision in any contract for the sale or produc- Congressional Republicans passed a farm limiting payments to large feeding option of livestock or poultry that provides bill in 1996 that was supposed to reduce pro- erations. The whole intent of it was to that information contained in the contract ducers’ reliance on government payments; suggest that the import of the current is confidential, a party to the contract shall they would provide for the market instead. bill that lies before us might stimulate not be prohibited from discussing any terms Still in effect, that act provides basic pay- or details of any contract with— overproduction of livestock and further ments mainly to grain and cotton producers subsidize the overproduction. I think ‘‘(1) a legal adviser; of roughly $10 billion a year. In each of the ‘‘(2) a lender; past few years, however, Congress has also he is probably right. ‘‘(3) an accountant; provided billions of additional ‘‘emergency’’ What we are doing with regard to the ‘‘(4) an executive or manager; payments. The effect of the new bill would be row crops—the so-called program ‘‘(5) a landlord; to regularize those, thereby abandoning the crops—in a very big way stimulates ‘‘(6) a family member; or five-year experiment in supposed market re- overproduction, and has for the past 5 ‘‘(7) a Federal or State agency with respon- form. years, and is bound to do more of this. sibility for— That is what I find to be very difficult ‘‘(A) enforcing a statute designed to pro- That is a severe indictment that this tect a party to the contract; or farm bill abandons the philosophy of as I look at the future and see a farm ‘‘(B) administering this Act. Freedom to Farm in 1996. bill deliberately creating overproduc- ‘‘(b) EFFECT ON STATE LAWS.—Subsection I continue with the editorial: tion and low prices. (a) does not affect State laws that address Some of the extra money in the Harkin The cycle of this, Mr. President, as confidentiality provisions in contracts for bill—a couple of billion a year—would be di- you well know, is that prices go lower,

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.075 pfrm02 PsN: S14PT1 S13266 CONGRESSIONAL RECORD — SENATE December 14, 2001 and people give speeches that they money with which to purchase that as- prices for farmers. We came in, some- can’t ever think of a time when they surance—I think, in fact, mechanisms, times, with disaster payments for a were lower and, therefore, an emer- through bipartisan wisdom, have been drought, flood or a hurricane, or some- gency payment is needed. And it is de- set up in the crop insurance program thing like that, but we did not as far as bated first in June, July, and August that provide the mechanics for that I can remember—and I can be proven with regularity, fully predictable. It is kind of safety net. wrong—but I cannot remember coming fully predictable now in the event we I had attempted to propose a formula in with legislation because prices and pass this bill. in which—using whole farm income ap- income were so low we had to pass Despite all the protestations to the plicable to all 50 of our States equally emergency legislation to get money contrary, we will be back. The distin- and to all crops and all livestock oper- out to farmers broadly based all over guished chairman will hear the drum- ations—money would be provided America. That started with Freedom to beat of persons who want him to bring through a voucher, but money, indeed, Farm, when we took away that safety another farm bill out 6 months after he from the Federal Government, a trans- net. passes this one to remedy the defi- fer payment from taxpayers to assure a If we continue on with the Freedom- ciency. There will be low prices created safety net for farmers, but with assur- to-Farm type program, I dare say, yes, by overproduction and stagnation in ance, year in and year out, of a certain you are right, they are going to be world trade, which exacerbates the stream of revenue. coming to me and saying: We need problem. If Senators were to suggest that per- emergency funding. There could be a year in which the haps 80 percent, as a proposition, is too That is why I feel so strongly about weather situation is truly disastrous. I low a net, I would certainly be pre- the safety net provisions we enacted in remember such a year in 1988 in which pared to take pencil and paper in hand S. 1731 with the countercyclical type of as many as 20 States, as I recall, had with any Senator and try out 85 per- payments. If prices are low—and the such severe weather problems, and a cent. That is the level of crop insur- lower they go, the larger the payment. delegation of Senators talked to Presi- ance that I purchased for my own farm On the other hand, if prices are good, dent Reagan in the White House and operation this year under the policies then there is not the need for payments advised him that literally half the we have adopted. I think that is a that magnitude. country and most of the agricultural sound thing to do, and to have a mar- So under that scenario, I really do not see why we would have to come in country had been devastated by keting strategy based upon the cer- with emergency legislation other than drought in particular. And the Presi- tainty you have 85 percent of your crop some naturally occurring disaster or dent supported a fairly large emer- before you even plant it. That is pos- something like that, I say to my gency proposition at that time. sible under current legislation and, in Usually, as the distinguished chair- friend. fact, I think to be encouraged with pro- Mr. LUGAR. If the Senator will man has pointed out, the weather dev- ducers all over the country who are al- yield? astation situations are less than 20 ways at risk. Mr. HARKIN. I am delighted to yield. States, and therefore Senators come a But I hope we will move toward more Mr. LUGAR. The Senator, I think, is crop at a time, or whatever happens to of a basis as I have suggested as we historically correct. Within my mem- have been in harm’s way. proceed through the debate. I certainly ory, we had the 1988 crisis with the 20 As Senator HARKIN complimented will encourage that as I listen to alter- States. As I recall, we passed some leg- Senator COCHRAN earlier on, Senator natives that are presented. islation to alleviate that during the ap- COCHRAN, at least in recent years, often Mr. President, this concludes at least propriations process. That is, at least, had been there to add money to the Ag- my thoughts for the day on the agri- my recollection. riculture appropriations bill to help culture bill. Mr. HARKIN. Wasn’t that the credit those folks out. But that really has not I yield the floor. bill we did then? been enough. The PRESIDING OFFICER. The Sen- Mr. LUGAR. No. It was this huge The general proposition is that prices ator from Iowa. emergency created by the drought. And are low and, therefore, a double AMTA Mr. HARKIN. Mr. President, I will many of us were involved, in a bipar- payment has been sent out. The chair- just take a couple of minutes, not so tisan way. man has pointed out correctly, the much in response to the Senator. But Mr. HARKIN. Yes. AMTA payments may not be the proper as I listened to my friend from Indi- Mr. LUGAR. Probably the Senator vehicle for total equity. They may in- ana—the very thought-provoking himself. The memory grows dim as you clude people who no longer are in farm- speech he made—I had some further go 13 years back in the farm business. ing but had a history, as in the 1996 thoughts. Mr. HARKIN. That is true. bill. But for purposes of efficiency, so My friend, the Senator from Indiana, Mr. LUGAR. I suppose my query is money would get to farmers, the rolls said that under the bill we have, we just this: You are correct, we have had are there at USDA. They have been uti- could expect more emergency farm as- all these annual situations since the lized. The money was gone as of the sistance bills. I know he said farmers 1996 legislation. But in this particular end of August of this year. It was re- will be coming to the chairman saying: year, the Secretary of Agriculture, at ceived, to the applause of country We have to have an emergency bill. the time we were debating the emer- bankers who were assured of getting If we continue on the present course, gency in August, pointed out the net repaid and farmers who were thinking that will be true. But we have built farm cash income was $61 billion. And about getting back in the field again. I into S. 1731 a countercyclical payment this is historically an all-time high in understand that, as does the distin- program that has an income support terms of income in the country. It was guished Presiding Officer. wherein we should not have to come higher than last year, but the last year All I am pointing out is that I had back. was more than the year before that. In hoped, in this farm bill, we would not I will say this: The reason we had—I essence, even in the face of much high- repeat this cycle of predictable results. believe for each of the last 4 years—to er net farm cash income, we have been It does not do justice to farmers in the come in and provide for emergency reappearing. United States who, at some point, do funding for agriculture for farmers was The safety net under the bill we now want to produce for the markets and do because there was no effective safety have, of course, was these AMTA pay- want to have a safety net that is not net under Freedom to Farm. ments. These were the fixed payments unpredictable. And any safety net I would ask my friend from Indiana that went to farmers regardless of based upon loan rates is certainly un- to go back before Freedom to Farm, to what else happened. They were to di- predictable. It may, in fact, be a cap on go back before that was enacted—and I minish after 7 years, and have been prices as opposed to a support. could be wrong; I have not researched heading down from, say, $5 billion of I hope that some version, at least, of this thoroughly—but I cannot remem- Federal expenditures into the $4 billion the concept I presented—namely, that ber in all the years I have been here range, and so forth, each year, and then farmers have assurance of some per- that we came in with that kind of an- the loan deficiency payments, at least centage of income every year, some nual emergency funding because of low for certain of our rural crops.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.077 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13267 For example, in my State $1.89 for may have occurred. Most of us have a troubling area in which all the rami- corn is the loan deficiency payment voted for that. The two of us may even fications are not clear, and they do level, which means you have $1.89 re- have helped manage it in one form or bump dangerously into the 19.1 or the gardless of what the market price is, another, to try to bring it into clear area of the charts that the chairman however low it may be recorded. At the channels, to have the proper hearings had which were helpful in giving some time, admittedly, $1.89 seemed like a and committee meetings. It may very idea as to where all of these different price that would not be approached as well be—you are not discovering this lights appear. We will have to be care- frequently as it now is. but sort of enduring the process—that ful there because clearly we need to ex- During harvest time, we are regu- the expectations of Members on both port. We need if not an overall WTO larly below $1.89 in terms of people sides of the aisle are very large when it breakthrough, at least a good number coming into the elevator at that point. comes to their States and their con- of bilaterals that will be helpful to us. So this has led to much greater Federal stituents. As you strive to find a ma- These are issues that are not easily Government expenditures; $6 billion, I jority to vote for a farm bill, for a final resolved, but I think they will be as we think, last year to loan deficiency, and product, to get the bill out and on to have debates commencing again on not just for corn but for other crops. conference, you are forced daily to Tuesday, as these issues come up But that was meant to be the safety take into consideration the needs of again. net. And it is arguable as to whether it various Members, some of them very I look forward to working with the should go higher or lower. It depends legitimate and poignant. In the same chairman in a vigorous attempt as we upon the Federal outlays, I suspect, way on our side of the aisle, we at- proceed on Tuesday. Mr. HARKIN. I appreciate my quite apart from the fact that more tempt to do likewise. production occurs. I say this not in sympathy because friend’s comments. Quite frankly, I I saw yesterday, as perhaps the chair- the chairman is a strong person and find little with which I can disagree. man did, on the cover of USA Today, fully able to take care of himself and Everything you have said is basically correct in terms of the historical anal- their first page, a chart on soybean the situation. But I had hoped perhaps ysis, where we are, and the various production in the country. Soybean to try to guide the process in a dif- pressures that go on in the Chamber. production, right through the Freedom ferent direction. to Farm experience, had been going up I would admit, having heard the de- We all understand that. I will take a every year. This year’s crop is proph- bate and having seen the votes as re- little bit of sympathy anyway. I don’t mind. But we all have these different esied to be a whopper and, clearly, an corded dutifully by the Washington demands and expectations, as the Sen- all-time high. Given planting inten- Post and others, 70 to 30 is not close. I ator full well knows from his steward- tions, it might appear that next year’s understand that. On the other hand, we ship of this committee in the past. were trying to find something that, as would follow. The only further thing I might point I mention this because I hope the the chairman has pointed out, may out again is the old numbers game. chairman is right. Let us say, for ex- have been too much of a change all at Last year was the highest net cash in- ample, his bill and the Daschle sub- one time, may not have been com- come, things like that. We have heard stitute are adopted, but as it turns out pletely understood in terms of the that before. I think I mentioned this to farmers think their incomes are not arithmetic, how people come out. So I the Secretary one time. I said: If your adequate. My point, I suppose, has been accept that fact. But nevertheless, I income last year was $1 million and that a part of the reason, even in the thought it was important to try to mine was zero, our average is $500,000, face of what I think have been fairly make some arguments for maybe a new so why should I have any help? So last record incomes in the aggregate, al- day somewhere over the horizon. year the livestock sector in America though not for all States and not for In the meanwhile, I will continue to did pretty darn well. The crop sector all crops, and a fairly good safety net, work with the chairman with the prod- was low, but if you averaged it all out, is that both of the political parties rep- uct we have at hand. it looked pretty good. If you just look One reason why it has not moved ex- resented in this body have been com- at the crops, we weren’t in very good peditiously is that I suspect there are petitive for the allegiance of farm vot- shape. That is basically what this bill ers and people who were sympathetic still some lingering thoughts on both is about, the crops. to farmers. sides of the aisle about limiting pay- The last thing I will say again to my I admit, throughout these emergency ments, for example. We heard a little friend, I am not so upset about the bills, it has been my privilege to serve bit of that from Senator WELLSTONE amount of money we spend on agri- as chairman. I have stood with you or this morning with regard to the EQIP culture. The Washington Post editorial with Senator LEAHY managing these program and specific extensions of live- this morning, I know, called it a piggy bills. I was perfectly aware on our side stock. I think we will hear more from bill. I said earlier, in honor of that I of the aisle that a large majority of our the distinguished occupant of the chair wore my piggy tie today. It has little Members wanted more money for farm- and maybe others who have been con- pigs on it. We are in favor of the little ers. It appeared that was true on your cerned about the equities here in- pigs. side of the aisle. Whoever was man- volved. Therefore, in part, perhaps, the I pointed out earlier—I don’t know if aging this legislation was left with at land bubble situation created not only, my friend from Indiana caught this— least the thought of trying to get it as the chairman says, by the AMTA that I looked at historically how much right technically so the farmers got payments but by overextension, as peo- of our GDP we spent on agriculture: In the money in as soon a time as possible ple plant for the program, fully sup- 1940, about four-tenths of a percent of so, if there were emergencies, these ported by this, but sometimes at the U.S. GDP on agriculture; in 1963, .55 were met, right now as opposed to the expense of their smaller competitors percent of U.S. GDP on agriculture; hereafter. who do not have the research back- over the last 3 years, two-tenths of a So we strove to expedite a process ground, the capitalization, even the percent of U.S. GDP; under our bill, S. that clearly our membership wanted. managerial skills, but for whom our 1731, projected about .13 percent of That seemed to be true on the other farm bills have been dedicated, the sav- GDP. I don’t think that is a lot of our side of the Capitol as well. ing of the small family farm or even gross domestic product, .13 percent to None of these bills were vetoed by the medium-size farm in a situation spend on agriculture. I don’t think that whoever was President during this pe- that appears to be more consolidated is a lot. riod of time. If the White House had a as time goes on. Again, we can debate on how the budget objection to these, it was pretty Each of these amendments that deal funds are spent. I do not agree on how mild or nonexistent. with limits will get into this philo- it all has gone out. The bigger you are, I mention all this because I think sophically, and they are important to the more you get. Almost every day we that helps explain a part of the impe- hear. have had a hearing in the committee, I tus for this bill. In other words, there Senator GRASSLEY’s comments today always ask the same question: Should is almost an annual expectation of cor- about trade—and the chairman has re- we support every bushel, bale, and rection or of enhancement of whatever sponded to that very ably—this is still pound that is produced in this country?

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.079 pfrm02 PsN: S14PT1 S13268 CONGRESSIONAL RECORD — SENATE December 14, 2001 That is what I think the debate ought to promote renewable domestic riculture and energy industries can ought to be—how we fashion those pro- production that burns clean energy. come together to develop an environ- grams to help shore up a safety net, That’s why, earlier this year, I intro- mentally friendly renewable resource. but not to encourage people to get big- duced the Providing Opportunities My legislation will foster increased in- ger and actually use the Government With Effluent Renewable, or POWER vestment and development in waste to largess to help people get bigger and to Act, which seeks to cultivate another energy technology thereby improving artificially boost up land prices. Cer- homegrown resource: swine and bovine farmer profitability, environmental tainly, that is a principle motivation waste nutrients. quality, and energy productivity and for my focus on greater support for The benefits of swine and bovine reliability. conservation and on a new program of waste nutrient as a renewable resource This amendment is good for agri- income assistance tied to conservation. are enormous. Currently there are at culture, good for the environment, I have said enough on this matter least 20 dairy and hog farms in the good for energy consumers, and pro- today. I yield the floor. United States that use an anaerobic di- motes a good, make that great, renew- Mr. SMITH of Oregon. Mr. President, gester or similar system to convert able resource that will reduce our en- I rise today to recognize the impor- manure into electricity. These facili- ergy dependence on foreign fuels. It is tance of the Food Stamp Program ad- ties include swine or dairy operations my hope that all of my colleagues join dressed in the farm bill. I was recently in California, Wisconsin, New York, with me to advance this important surprised and dismayed to discover Connecticut, Vermont, North Carolina, piece of legislation. that a recent USDA study found Or- Pennsylvania, Virginia, Colorado, Min- Ms. SNOWE. Mr. President, I rise egon to have the highest rate of hunger nesota, and my home State of Iowa. today to praise the consensus that has in the nation. I think my colleagues By using animal waste as an energy been reached on dairy programs within would also be surprised to discover how source, a livestock producer can reduce the farm bill we are considering today. many people in their own home States or eliminate monthly energy purchases The farm bill, which needs authoriza- go to bed hungry. from electric and gas suppliers. In fact, tion every 5 years, not only addresses I have long been concerned that in a dairy operation in Minnesota that farm income and commodity price sup- many cases, children across the coun- uses this technology generates enough port programs, but also includes titles try are going to bed hungry simply be- electricity to run the entire dairy oper- on agricultural trade and foreign food cause America’s families do not know ation, saving close to $700 a week in aid, conservation and environment, nu- about the resources available to them electricity costs. This dairy farm also trition and domestic food assistance, through the Food Stamp Program. It is sells the excess power to their elec- agricultural credit, rural development, astounding to note that among persons trical provider, furnishing enough elec- and agricultural research and edu- eligible for this important program, tricity to power 78 homes each month, cation. participation rates dropped from 74 year round. I am particularly pleased that the percent in 1994 to 57 percent in 1999. The benefits of using an anaerobic di- Harkin bill before us restores the safe- More worrying is the fact that partici- gester do not end at electricity produc- ty net for diary farmers in Maine and pation rates are also low among work- tion. Using this technology can reduce in 11 other States in the Northeast and ing poor families with children and the and sometimes nearly eliminate offen- Mid-Atlantic with a provision that will elderly. With additional outreach and sive odors from the animal waste. In again give monthly payments to small targeting, the Food Stamp Program addition, the process of anaerobic di- dairy producers only when fluid milk can make it easier for families to ac- gestion results in a higher quality fer- prices fall below the Boston price of cess the food support they need with tilizer. The dairy farm I referenced ear- $16.94 per hundredweight. dignity. I am pleased that improve- lier estimates that the fertilizing value As my colleagues are aware, the suc- ments to this vital program are cur- of the animal waste is increased by 50 cessful Northeast Interstate Dairy rently being addressed on the Senate percent. Additional environmental ben- Compact was allowed to expire on Sep- floor as part of the reauthorization of efits include mitigating animal waste’s tember 30. Throughout New England, the farm bill. contribution to air, surface, and this compact literally kept small dairy I would also like to take this oppor- groundwater pollution. farms in production. When it was in ef- tunity today to recognize the other The amendment I am offering will fect, this compact paid for the program side of nutrition support: our Nation’s allow livestock producers the option of by adding a small incremental cost to network of food banks. Places like the developing methane recovery systems the price of milk already set by the Oregon Food Bank in my home State as a structural practice under the En- current Federal milk marketing order are filling the plates of America. The vironmental Quality Incentives Pro- system, which determines the floor Oregon Food Bank and its coalition gram. This option will provide live- price for fluid milk in New England. partners have been working overtime stock producers another opportunity Along with 38 of my Senate col- to identify and address the root causes when determining what is best for the leagues and the legislatures and Gov- of hunger. Today, I would like to salute future of their family farms. Livestock ernors of 25 States, I have made numer- them for their hard work and dedica- producers will have the ability to meet ous attempts throughout this past year tion, which has come to fruition in the their own individual energy needs and to have the compact reauthorized and a recent opening of a statewide food re- possibly supply green, renewable en- new Southern Compact authorized. covery and distribution center, all ergy to other consumers. Dairy compacting is really a States under one roof. Food banks are a vital Using swine and bovine waste nutri- rights issue more than anything else, component of the safety net for Amer- ent as an energy source can cultivate as the only action the Senate needed to ica’s families, but they alone cannot profitability while improving environ- take was to give its congressional con- meet every need. They are straining mental quality. Maximizing farm resent under the Compact Clause of the under the growing demand for emer- sources in such a manner may prove es- United States Constitution, Article I, gency food, but we can help them by sential to remain competitive and en- section 10, clause 3, to allow the 25 maintaining a strong Food Stamp Pro- vironmentally sustainable in today’s States who requested to compact to gram. livestock market. proceed with these two independent In a country as blessed with abun- In addition, more widespread use of compacts. dance as ours, no family should go hun- this technology will create jobs related Unfortunately, we could not get a gry, and I encourage my colleagues to to the design, operation, and manufac- majority of votes for the Senate’s per- support improvements to the Food ture of energy recovery systems. The mission to allow dairy compacting to Bank Program in the farm bill. development of renewable energy op- go forward even though half of the Mr. GRASSLEY. Mr. President, for portunities will help us diminish our States in the country had requested years I have worked to decrease our re- foreign energy dependence while pro- this approval. So, since my number one liance on foreign sources of energy to moting ‘‘green energy’’ production. agricultural priority has been to assure accelerate and diversify domestic en- Using swine and bovine waste nutri- that Maine dairy farmers have a safety ergy production. I believe public policy ent is a perfect example of how the ag- net when prices are low that would

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.082 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13269 allow them to stay on their small fam- urban sprawl. So I am pleased with the bursement of federal funding for vol- ily farms, I have attempted to bridge compromise and feel that my goal has untary conservation programs, funding the gap with opponents of compacts. been reached, not for myself, but for for a variety of forestry programs im- I am very pleased that we were able the dairy farmers to whom I have portant to our private landowners, and to forge a compromise that is included pledged not to give up the fight. promotion for specialty crops grown in in the Harkin amendment in the na- The farm bill before us also recog- Maine. Additionally, if Maine partici- ture of a substitute to the Agriculture nizes the diversity and regional dif- pated in all the options for the Food Committee-passed farm bill that ferences in agriculture, and shifts $1 Stamp Program, the State would real- pledges $2 billion to help dairy farmers billion to voluntary agriculture pro- ize approximately as much as $32 mil- throughout the Nation. Most impor- grams, especially in regions that have lion over the next 10 years. tant to me, the provision provides $500 been traditionally underserved by past I believe the Harkin bill before us million to establish the very safety net farm bills, such as my State of Maine, gives needed assistance to the agricul- for New England dairy farmers, and I want to thank the bipartisan group tural community throughout the Na- also for farmers in the States of New that worked with me through the tion. We should never forget that these York, New Jersey, Pennsylvania, Dela- ‘‘Eggplant Caucus’’, an ad hoc group of hard working men and women are re- ware, Maryland, and West Virginia, bipartisan Northeast Senators, to sponsible for providing our Nation with that was provided by the Northeast make these funds a reality and for the highest quality of a tremendous va- Dairy Compact, that of monthly pay- bringing regional equity through an in- riety of quality food products easily ac- ments to producers when the price of crease in Federal funding to our cessible at our local markets and at Class I, or fluid, milk drops below the States. the lowest cost of any nation in the Boston, MA price of $16.94. These This conservation funding, for which world. States produce approximately 20 per- Maine stands to receive a minimum of Mr. GRAHAM. Mr. President, I rise cent of the Nation’s milk and under $12 million a year for the next 5 years, today in strong support of the farm bill this provision will receive about 20 per- will help our farmers improve water before us. While we have heard about many cent of the funding, so this is a very quality, restore wildlife habitat and components of the bill today, I would fair balance of payments. stave off suburban sprawl. In the past, Dairy farmers from other States will more than half of our farmers have like to focus my remarks on the title also benefit through a $1.5 billion pro- been turned away from conservation that is of particular importance to me, vision that will extend the current na- assistance because these popular pro- the nutrition title. it is easy to forget tional dairy price support system for grams have not had the funding to how many people go hungry in the United States. The Department of Ag- farmers in the other 36 contiguous meet the applcations. riculture classifies 31 million Ameri- States, requiring the Commodity Cred- More funding for the Environmental cans as ‘‘food insecure,’’ meaning that it Corporation, CCC, to purchase sur- Quality Incentives Program, or EQIP, they do not know from month to plus nonfat dry milk, cheese, and but- for instance, will allow many more month whether they will be able to get ter from dairy processors, thus pro- farmers to enroll in contracts to man- enough food for themselves and their tecting the industry from seasonal image natural resource concerns. The voluntary program offers cost share and families. balances of supply and demand. Families with children are dispropor- The authority for this price support incentive payments and technical as- tionately more likely to experience system that pays $9.90 per hundred- sistance to design and install practices hunger. Last year, over 3 million chil- weight was due to expire this Decem- for locally-designated natural resource dren and 6 million adults in the United ber, but was extended for 5 months, or priorities. States were hungry to malnourished. Another aspect of regional equity in until May 2002, in the fiscal year 2002 Without the Federal Food Stamp Pro- the bill are provisions that improve as- Agriculture appropriations bill. The gram, which provided nutrition assist- sistance to our Nation’s fruit and vege- farm bill before us extends both of ance to over 17 million people, the ma- table growers, the specialty crop sec- these dairy programs for 5 years. jority of them children, elderly people Do I believe this is the best way to tor. This growing sector of the U.S. and the disable, the number would have fund dairy programs? In my esti- farm economy represents almost one- been far higher. mation, the Northeast Dairy Compact fifth of all farm cash receipts and a I am also acutely aware of the role was preferable because not one cent growing portion of our Nation’s agri- the Food Stamp Program plays in help- came out of Federal funds and it also culture exports. I am very pleased to ing families leave welfare for work. had no appreciable effect on consumer note provisions for a fruit and vege- The typical mother leaving welfare is prices. table pilot promotion program and a earning about $7 an hour and may not So, the provisions in the farm bill we USDA purchase program for specialty be able to get 40 hours of work a week. are considering, unfortunately, will crops, providing funds so that the For a parent like that, food stamps can cost the Government $2 billion. This is USDA can purchase those fruits and make a difference between being able not much considering the billions of vegetables that are the most prevalent to feed the family and having to return dollars that go to for price supports for crops grown in the Northeast to be to public assistance. A single mother other farm commodities, but it is Fed- used in the Federal nutrition pro- with two children and a typical eral money nonetheless. But, the re- grams, such as potatoes, blueberries postwelfare income can double her in- ality is that compromises must be and cranberries from my State of come if she gets food stamps and the made to ensure that the majority of Maine. EITC. If she gets both, she can almost Senators feel that a consensus has been I would like to add that I have heard reach the Federal poverty line. With- reached that they can live with, and I from farmers in my State of their sup- out them, she often cannot make ends thank the Senators from the upper port for the creation of tax-sheltered meet. Midwest, who did not want a compact- savings accounts, or ‘’rainy day ac- I supported the 1996 welfare reform like dairy program for their region but counts’’, to which farmers could con- law. Some of my original interest in preferred direct yearly Federal pay- tribute during prosperous years, and the Food Stamp Program grew out of ments, for working together with us on from which they could draw during my desire to see welfare reform suc- the dairy provisions. lean years. While not contained in the ceed. My motive throughout this year has Harkin bill, I believe this idea should Knowing how important it was for been a simple one: I do not want to see be further explored on its merits, and people leaving welfare to stay con- one more small family dairy farmer in would hope that the Senate would connected to programs like Food Stamps Maine, or in any other rural area of the sider hearings on this in the near fu- and Medicaid, I was disturbed to find country, go out of business. And I do ture. out that food stamp participation had not want to see any more acreage of Taken in its totality, the Harkin bill dropped by more than a third since we pastoral farmland in New England, gives our dairy producers a safety net passed welfare reform, and the im- most of which has been in families for through a mutually agreeable dairy proved economy accounted for only three generations, turned over to sub- program, regional equity in the dis- about half of the drop.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.011 pfrm02 PsN: S14PT1 S13270 CONGRESSIONAL RECORD — SENATE December 14, 2001 Among single-parent families with today because outreach, while critical, sire that we pass a comprehensive farm earnings, the most common demo- is only the first step. We need to re- bill within the next few days to ensure graphic of people leaving welfare, food store some of the cuts to food stamps that America’s family farmers, ranch- stamp participation dropped 12 per- made in 1996, and we need to improve ers, consumers, and rural citizens have centage points between 1995 to 1998. A the program to make it work better for greater economic security. I wish to recent study the General Accounting working families. The Harkin bill pro- applaud my good friend and South Da- Office conducted identified a ‘‘growing vides new funds to do just that. kota colleague, Senator DASCHLE, for gap’’ between the number of children in Cuts in food stamp benefits were not his superb and steady leadership on poverty and the number of children re- part of achieving our basic welfare re- this issue, and for making certain this ceiving food assistance. At the same form goal of moving people from wel- important farm bill legislation made it time, emergency food providers re- fare to work. In fact, many Republican to the floor for consideration before we ported that their clientele had changed and Democratic Members agree that adjourn. It is critical for us to act since 1996. one of the most disturbing outcomes of promptly, to conference with our On November 14, America’s Second the 1996 law is the one-third drop in House colleagues in an expeditious Harvest, the organization representing food stamp participation and what manner, and for the President to sign a our Nation’s food banks, released it’s GAO described as the ‘‘growing gap’’ bill into law, as soon as possible. Much annual ‘‘Hunger in America’’ report, between the number of children in need of the credit for our being able to dis- its results were chilling. The study and the number of children getting cuss this bill on the floor today has to found that in 2001, 23.3 million Ameri- food assistance. do with our chairman, Senator HARKIN, cans nationwide sought and received A provision of the 1996 law also cut for his ability to craft what is perhaps emergency hunger relief from our Na- off food stamps to legal immigrants. the most complex piece of legislation tion’s food bank network. This is near- This was unnecessary to achieve the one can imagine, and for his work to ly 2 million more people than sought goals of the law, since over 90 percent ensure the committee completed its similar services in 1997. And this, on of legal immigrants are working. We job on the farm bill. Chairman Harkin the heels of one of the longest periods have succeeded in restoring eligibility included a number of items in this of economic growth in recent history. for children and elderly people who farm bill that will serve to benefit In addition to showing increased re- were here before 1996, but much more South Dakota’s family farmers, ranch- quests for aid, ‘‘Hunger in America’’ re- needs to be done. One of the results of ers, and rural communities, and I port punctures the myth that hunger is the cutoff of adult legal immigrants thank him for a job well done. only a problem of the inner cities, has been a 74 percent drop in the num- Unfortunately, stall tactics are being homeless, or the chronically unem- ber of citizen children of immigrants employed by some in the U.S. Senate ployed. The study found that nearly 40 who get food stamps. to prevent us from passing this com- percent of the households that received As we debate this bill, I would urge prehensive farm bill. While family assistance from us in 2001 included an my colleagues to remember the mil- farmers and ranchers are working hard adult who was working. Fully 19.7 per- lions of children and families who de- to keep their operations competitive cent of all the clients served by our pend on the Food Stamp Program to and running smoothly, some Senators network are seniors. This is up from 16 help them purchase the food our farm- are stalling, delaying, and placing road percent in 1997. ers grow. Without the Food Stamp Pro- blocks in front of the ultimate passage The facts about children are even gram, it seems likely that the 17 mil- of this bill. Just yesterday, on a vote more disturbing. More than nine million people currently getting benefits to end excessive debate and delay on lion children received emergency food would join the 9 million Americans the farm bill, we did not garner the 60 assistance this year, which is roughly 2 who are hungry or malnourished. votes necessary to remove the proce- million more people than the total pop- I would also urge my distinguished dural slow-down hurdle known as a fili- ulation of New York City. colleagues to consider the many provi- buster. This needless delay must stop The bill before us today takes steps sions in this bill that will improve the and Congress must take action to pass toward recognizing that America’s food Food Stamp Program to better assist a farm bill now. banks, churches, synagogues and working families and finish the work of I have repeatedly said it is crucial for mosques can play a part in feeding welfare reform by getting families out Congress to complete action on the America, they cannot bear the burden of poverty. farm bill, conference with the House, alone, the Federal Government must I would call particular attention to and send a bill to the President for his play its part. would accomplish the following: res- signature this year, if not very early The nutrition title in the Harkin toration benefits to legal immigrant next year, in order to ensure two very farm bill allows the Senate to step up children—most of whom are members important things. to the plate so that we can play a real of working families; making outreach First, that we capitalize upon the role on the team fighting hunger in our and education a permanent part of the $73.5 billion in additional spending au- Nation. program; reforming the quality control thority provided by this year’s budget Last year, working with many of system, making the program simpler resolution, because given the shrinking you, the Agriculture Appropriations and more accessible to working fami- budget surplus and unprecedented de- Subcommittee, and the former admin- lies; and providing 3 more months of mands on the federal budget now, there istration we were able to designate $5.5 transitional food stamps for families are no assurances this money will be million to be used for food stamp out- moving off welfare for work. available in 2002, when a new budget reach and education, to get some of This important legislation would im- resolution will be carved out of a very these eligible families and children prove basic benefits for senior citizens, limited amount of resources. Second, back on the program, $3.5 million has people with disabilities, and working that we mend the farm income safety already been awarded to community citizen and legal immigrant families net now because the experience of the organizations and emergency food pro- with children. 1996 farm bill has painfully taught us viders across the country. These groups We have an obligation to our Nation that it does not provide family farmers are taking imaginative steps to reach to pass this title as it is, in tact. It is and ranchers a meaningful income out to families in need, I encourage all the least that we can do to do our part safety net when crop prices collapse. of you to find out more about the to accomplish our collective goal of Thus, the need for a new farm bill is grantees in your area. abolishing hunger in America once and clear. Last month, USDA announced that it for all. In the course of the last 4 years, the would award an additional $2 million to Mr. JOHNSON. Mr. President, I rise economic setting for family farmers State-community partnerships that today to discuss the very real impor- and ranchers in South Dakota and wanted to test strategies for enrolling tance of completing action on the farm across the nation has reached a serious more senior citizens in the food stamp bill, the Agriculture, Conservation, and and depressed level. Most farmers I program. Currently, only 30 percent of Rural Enhancement Act of 2001, which talk to in South Dakota believe the eligible seniors participate. I am here is now before the Senate. It is my de- combination of poor returns for crops

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.014 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13271 and livestock combined with an inad- provision is not in the House farm bill. 280. Please oppose efforts to water equate safety net in the current farm The country of origin labeling lan- down country of origin labeling legisla- bill may have inflicted irrevocable re- guage in the bill is supported by a clear tion by allowing domestic origin labels sults, a loss of family farmers, an eco- majority of American producers and on beef that has been slaughtered and nomic recession in small, rural com- consumers, as is demonstrated by the processed—but not born—in this coun- munities, and growing market power fact the largest consumer and farm try.’’ by a few, mega-operators and agri- groups in the country have written me Some of the other groups supporting businesses. While the farm bill prob- in support of this bill. my country of origin labeling language ably isn’t intended to correct all of the I would like to insert in the RECORD include; all of the SD farm, ranch, and problems in our rural economy, it a series of four letters expressing livestock groups, the National Associa- should better sustain the lives of fam- strong support for my country of origin tion of State Departments of Agri- ily producers and rural communities. labeling language in the Senate farm culture, the National Association of Additionally, it should provide a more bill. The letters are as follows: first, a Counties, the American Farm Bureau predictable safety net than the current letter signed by the overwhelming ma- Federation, the National Farmers farm bill. jority of cattle producing groups in the Union, Ranchers Cattlemen Legal Ac- The outlook for positive indicators in United States, signed by 55 cattle orga- tion Fund of the United States, farming and ranching has been dimmed nizations, from Alabama to Idaho, from RCALF-USA, the American Sheep In- by a number of factors. For several California to New Jersey, and every- dustry Institute, the Consumer Federa- years now, commodity prices have col- where in between. These 55 cattle tion of America, the National Con- lapsed, production costs have sky- groups say, ‘‘The U.S. cattle industry sumers League, the Western Organiza- rocketed, and harsh weather has de- has invested considerable time, effort, tion of Resource Councils, the Organi- stroyed agricultural production. Fur- and money to improve, promote, and zation for Competitive Markets, the thermore, meatpacker concentration advertise its finished product U.S. beef. American Corn Growers Association, and unfair trade agreements have crip- The cattle industry now needs the abil- and 55 of the State cattlemen and pled the ability for independent farm- ity to identify its beef from among the stock grower organizations. The Na- ers and livestock producers to prosper. growing volume of beef supplied by for- tional Cattlemens Beef Association While some of us wanted to change the eign competitors. The ability to dif- supports the carcass grading provision underlying farm bill in a way to allevi- ferentiate domestic beef from foreign in the Senate farm bill, which ensures ate these tough conditions, we were beef is necessary to ensure that U.S. that imported meat carcasses do not told the 1996 farm bill was a sacred cow cattle ranchers have a competitive, display USDA quality grades at the re- that could not be touched, and efforts open market that allows consumer detail level. to amend it or to provide a better eco- mand signals to reach domestic cattle It has been brought to my attention nomic safety net were defeated. I am producers. It is now time to take the that there are unique concerns about not suggesting the 1996 act was the next logical step and require country- how perishable agricultural commod- source of all the problems farmers of-origin labeling so consumers can ities are labeled under the country of faced these last few years, but the lack identify the beef U.S. cattlemen have origin labeling provision in the farm of a real safety net and low loan rates worked so hard to promote.’’ bill. Unlike meat products that are of- in the bill did not provide fair support Second, a letter from the two largest tentimes either wrapped or displayed for America’s agricultural producers. farm organizations in the United behind glass, shoppers physically han- Four years of ad hoc emergency as- States, the American Farm Bureau dle produce to evaluate such character- sistance for farmers and ranchers to- Federation and the National Farmers istics as size or ripeness. Quite hon- taling approximately $23 billion, over Union. It is comforting to know we estly, after being handled by a con- and above farm program payments con- have the full support of these two sumer, a fruit or vegetable item is not tained in the 1996 farm bill, has pain- groups. Third, I also received a letter always returned to the original bin in fully taught us that depressed condi- signed by 87 farm, ranch, and consumer which the product was displayed. For tions in rural America matched with organizations, in support of my coun- this reason, each individual produce an inadequate safety net resulted in a try of origin labeling legislation which item may need to be labeled when very expensive price tag for U.S. tax- was added to the farm bill in the Agri- physically possible to ensure accuracy payers as well. Fortunately, today we culture Committee. Some of the 87 about the country of origin informa- have a chance to improve farm policy, groups signing this letter include most tion. I am confident the method of no- providing family farmers and ranchers of the Florida and California fruit and tification language in the labeling pro- with a better farm bill containing a vegetable associations, the major con- vision in the farm bill will ensure re- more meaningful safety net. Moreover, sumer groups in the United States, and sponsibility in information-sharing on it is my hope this bill provides tax- national farm and ranch groups. More- the part of processors, retailers, and payers with some assurance that the over, approximately half of all the others under this act. Our language re- need for multi-billion dollar ad hoc Farmers Union and Farm Bureau state quires any person that prepares, stores, emergency programs will be fore- organizations signed this letter. These handles, or distributes a covered com- stalled. 87 groups say, ‘‘We seek your support modity for retail sale to maintain While it is not perfect, I am pleased for inclusion of a measure to provide records about the origin of such prod- that a number of my farm bill prior- mandatory country of origin labeling ucts and to provide information regard- ities, and the priorities of South Da- for fresh produce and meat products in ing the country of origin to retailers. kota farmers and ranchers, are in- the Senate farm bill. American con- Nonetheless, I understand retailers cluded in S. 1731, the Senate farm bill. sumers prefer to know where their food have some concerns about making sure First, the bill passed out of the Senate is grown.’’ they are provided with accurate infor- Agriculture Committee includes my Finally, I have a letter from three of mation. Therefore, so that we can be legislation, S. 280, the Consumer Right the largest consumer groups in the confident this is workable for retailers to Know Act of 2001, requiring country United States, the Consumer Federa- and others, I would like to recommend of origin labeling. It requires country tion of America, the National Con- to my lead cosponsor of this legisla- of origin labeling for beef, pork, lamb, sumers League, and Public Citizen, ex- tion, Senator GRAHAM of Florida, that and ground meat, fruits, vegetables, pressing their strong support for coun- we consult with the growers, packers peanuts, and farm-raised fish. The try of origin in the farm bill. These and retailers to develop a means to House farm bill only includes country groups say, ‘‘When the Senate takes up provide such labels or labeling infor- of origin labeling for fruits and vegeta- the farm bill, please support legislation mation to the grocery stores. bles. Also, my carcass grade stamp leg- to require country of origin labeling at Finally, I have learned that identical islation was added to the Senate farm retail for meat and fresh fruits and language for country of origin labeling bill. It prohibits the use of USDA qual- vegetables. We thank Senator JOHNSON has been included in the proposed ality grades, such as USDA Prime or for introducing this legislation, the ternative amendment to be offered by USDA Choice, on imported meat. This Consumer Right to Know Act of 2001, S. Senator’s Cochran and Roberts. After

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.066 pfrm02 PsN: S14PT1 S13272 CONGRESSIONAL RECORD — SENATE December 14, 2001 reviewing that proposal and confirming er, they will have to go out on the mar- farmers for these yield improvements. that my provision is included word-for- ket and compete for livestock. The direct and countercyclical pay- word, I am driven further to see the In addition to competition, another ments will be made on 100 percent of a farm bill conference report finalized new farm bill strategy I promoted was farmer’s updated base acreage and with the same country-of-origin label- to increase the capacity of renewable yield. ing language. I feel confident that the energy produced on American soils. Ag- I am troubled by the fact that the al- final version between my colleagues in ricultural producers in South Dakota ternative expected to be offered by the Senate and House will include the are poised to dramatically increase the Senators COCHRAN and ROBERTS, as exact language for country-of-origin production of ethanol and biodiesel for well as the House-passed farm bill, does labeling that is included in both S. 1731 our Nation, and the farm bill’s energy not reward farmers with an allowance and the Cochran-Roberts proposal. I be- title will provide incentives to move to update their yields for basing pay- lieve that my colleagues will recognize those value-added opportunities along. ments—yields used to make payments the importance of not only keeping the Everyone should recognize that home- under the Cochran-Roberts and House provision in the final farm bill, but to grown, renewable fuels need to become bill will remain at 1985 levels. While ensuring that the language is not wa- an integral part of our national secu- updating base acres for calculating tered down by outside interests. Any- rity strategy, which is why I asked payments, the House farm bill and thing less is unacceptable to America’s Chairman HARKIN to include a new ‘‘en- Cochran-Roberts alternative do not consumers and livestock producers. ergy title’’ in the farm bill. The energy benefit South Dakota family farmers Country of origin labeling and qual- title in the Senate bill includes loan for yield increases or an update on ity grade certification were integral and grant programs to promote the in- yields to calculate support under the components in the proposed ‘‘Competi- creased production of ethanol, bio- fixed payment and countercyclical pro- tion Title’’ which Chairman HARKIN in- diesel, biomass, and wind energy. This grams. Moreover, the House farm bill cluded in his farm bill proposal. I led a is a landmark change to farm policy and the Cochran-Roberts alternative bipartisan effort to include the Com- because neither the current farm bill simply make payments on 85 percent of petition Title in the farm bill when nor the new proposal in the House con- a farmer’s 20-year-old yields and up- one-fifth of the Senate, both Repub- tains this innovative energy title. dated acres. Unfortunately, these pro- licans and Democrats, signed a letter I Farmers, ranchers, and their lenders posals perpetuate some of the most authored to Chairman HARKIN seeking also need some assurances that price glaring failures of the 1996 farm bill. this new Competition Title. Regret- supports in the new farm bill will be Finally, the Senate bill continues the tably, the Competition Title was de- predictable and meaningful, especially availability of 9-month marketing feated, resulting in a win for large agri- in times of woefully low crop prices loans or loan deficiency payments for businesses to continue to muscle their and rising input costs. Again, this farm program crops: wheat, feed grains, soy- way into the marketplace, only to hurt bill is not perfect, but, I remain con- beans, oilseeds, and new marketing family farmers and ranchers. This is fident the changes made in the Senate loan authority for wool, honey, lentils, very frustrating, considering the proposal will better stabilize farm in- and chickpeas. The loan rates in the record profits made by agribusiness re- come, minimize the impact of cata- Senate bill are set higher than both the cently; Cargill increased profits by 67 strophic market losses, and reduce the House bill, and the Cochran-Roberts al- percent in the last quarter, Hormel in- financial risks associated with produc- ternative, because both proposals creased profits by 57 percent, and tion agriculture. Specifically, I believe freeze loan rates at levels in the 1996 Smithfield increased profits nearly 30 that the commodity support provided farm bill. It appears to me that the percent. Finally, Tyson, now the single through loan rates, countercyclical Cochran-Roberts and the House farm largest meat processor in the world payments, and direct payments in the bill fail to recognize the desire that with its purchase of IBP, tripled profits Senate farm bill is a significant im- most producers have for a modest in- in its most recent quarter. provement over the current farm bill. crease in loan rates, as marketing Conversely, crop prices took a nose The Senate bill retains total planting loans and are one form of counter- dive so severe in September that it flexibility which has proven extremely cyclical support. marked the worst 1-month drop in crop popular among the Nation’s farmers, As we take this legislation up in the prices since USDA has been keeping moreover, it allows producers the op- Senate, I may work with my colleagues records, some 90 years now. We must tion to update their base acres and to provide for more targeted payment inject some real competition, access, yields, using planted acreage and yield limitations. The current farm bill es- transparency, and fairness into the data from 1998–2001, for the purpose of sentially contains meaningless pay- marketplace if we are to see these trag- receiving both direct (AMTA-like), ment limits, and the House and Senate ic circumstances change. payments and the new countercyclical proposals aren’t a whole lot better. We That is why I authored an amend- payment, which is made when crop must tighten the payment limits and ment which was accepted by a 51–46 prices fall below a certain target level. redirect benefits to small and mid-sized vote in the Senate yesterday to pro- While an outside observer may think it family farmers. The single most effec- hibit meatpackers from owning live- is only fair to base payments on a tive thing Congress could do to stock prior to slaughter. This amend- farm’s current yields from crops that strengthen the fabric of family farms ment was modeled after legislation I are actually planted on a farm, re- across the Nation is to stop subsidizing crafted last year, S. 142, the Rancher markably, this is not the case with the mega farms that drive their neighbors Act. I thank Senators GRASSLEY, 1996 farm bill. Rather, the current farm out of business by bidding land away WELLSTONE, HARKIN, THOMAS, DORGAN, bill bases payments on what farmers from them. From 1996 to 2000, the top and DASCHLE for cosponsoring this planted 20 years ago and calculates 10 percent of individuals and farm cor- amendment. It prohibits meat packers payments upon 20-year-old yields. porations in the U.S. snagged two- from owning cattle, swine or sheep Therefore, this significant change to thirds of all the Federal farm payments more than 14 days before slaughter. update yields and planted acres con- and disaster aid, averaging $40,000 an- However, it exempts cooperatives as tained only in the Senate farm bill nually per individual. Conversely, the well as all producer owned plants with may prove one of the most important bottom 80 percent of farmers averaged less than 2 percent of the national ways we can improve support to South a mere $1,089 per year. The current pro- slaughter. Packer ownership and con- Dakota’s farmers. Crop yields in South gram especially hurts beginning farm- trol of livestock has been disrupting Dakota have made enormous advances ers because it increases the cost of get- markets and hampering competition at over the last twenty years, primarily ting a start in farming. Current farm the farm gate level for a long time. because South Dakota farmers have be- legislation subsidizes and induces large This amendment is a major first step come more productive, efficient and farmers to engage in aggressive com- towards correcting the problem. If this prolific in their use of innovative crop- petition for market share by bidding up passes, packers will now have less op- ping methods and practices. I am very land values in hopes of becoming the portunity for self dealing and giving pleased that the Senate farm bill pro- high-volume, low-cost producers. By preference to their own supplies. Rath- posal offers a reward to South Dakota reducing the number of middle-size and

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.068 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13273 beginning farmers, the current pay- transmitters, people in rural commu- tion title contains a new Grassland Re- ment structure has deprived rural com- nities can rest easy knowing they will serve Program to protect prairie and munities and institutions of the popu- have better access to accurate and up grasslands across the country. lation base they need to thrive. We to the minute weather reports as a re- Finally, I am also pleased with the have the opportunity to stop millions sult of the farm bill. nutrition title within the Senate farm of dollars going into the pockets of Additionally, South Dakota is one of bill that would ease the transition large farms, in which the end result the States included in the reauthorized from welfare to work, increase benefits will be viability of family-sized farms Northern Great Plains regional author- for working families and children, sim- and ranches. ity in the rural development title. This plify regulations within, and increase Additionally, I may work to provide Authority has access to $30 million per outreach for the Food Stamp Program. an amendment to the farm bill that fiscal year to provide grants to states Given our Nation’s current economic permits farmers to elect a pre-harvest in the Northern Great Plains Authority conditions, it is especially important ‘lock-in’ price for loan deficiency pay- for projects including transportation now that we reach out and provide ments, LDP, prior to the time in which and telecommunication infrastructure services to our South Dakota neighbors they harvest a crop. Currently, when projects, business development and en- in need. I would like to make special the local cash price for corn or wheat trepreneurship, and job training. I ap- note of a provision included in this bill falls below a commodity’s loan rate plaud the chairman for all of his hard that would prevent the School Lunch price, producers are able to receive a work in maintaining a priority for Program from losing at least $100 mil- loan deficiency payment as one means America’s rural communities. lion over the next 2 years by adjusting of counter-cyclical support. However, A priority of mine, the Senate farm the way the program counts the value experience under current legislation bill provides more emphasis on con- of commodities in the program. I intro- has uncovered some regional inequities servation than any farm bill passed by duced legislation earlier this year to in the marketing loan and LDP provi- the House or Senate heretofore. Our prevent this problem, and I am pleased sions. For instance, when wheat har- bill contains a number of conservation that this provision was included in the vest begins in Texas and Oklahoma in programs, including a reauthorization committee version of the bill. the Spring, the winter wheat crop in of the very successful Conservation Re- In agriculture, I think the best eco- South Dakota and other Northern serve Program and an increase in the nomic stimulus is a long-term strategy Plains States is virtually still in its de- total acreage eligible for the program that provides a meaningful income veloping stage. During this time, wheat to 41.1 million acres. While this is not safety net for family farmers and stocks are often low and local cash the 45 million acre cap that I have ad- ranchers. Therefore, the farm bill is prices have been below the loan rate, vocated with legislation in the past, it the economic stimulus for rural Amer- therefore, wheat growers in southern is a step in the right direction. As we ica and family farmers and ranchers. States have enjoyed the opportunity to move forward to expand CRP, it is my The facts about the need to act are trigger large counter-cyclical support belief that Congress and USDA must clear. In September, crop prices experi- by receiving sizable LDP payments look at the criteria chosen by USDA to enced the most dramatic one-month early in the harvest season. award contracts to landowners. Too price drop in recorded history. We must Unfortunately, the farm bill pro- often, South Dakota producers and enact a farm bill to provide greater hibits wheat farmers across the rest of landowners have been penalized by the economic security to our Nation’s fam- the country from receiving this same Environmental Benefits Index which ily farmers and ranchers. kind of support through an LDP at now requires very costly mixtures of I ask unanimous consent to print the that same time. So, by the time July seed varieties to be planted on new letters in the RECORD. There being no objection, the letter or August rolls around and wheat is CRP tracts. It is my hope we can apply was ordered to be printed in the ripe for harvest in South Dakota and some greater flexibility to the EBI so RECORD, as follows: other States in the Upper Midwest, of- this program can be effective in South tentimes, a different set of market con- Dakota. I believe the farm bill must di- DECEMBER 2, 2001. rect more attention towards programs Hon. TOM HARKIN, ditions limits farmers’ choices to se- Chairman, Senate Committee on Agriculture, cure an LDP. This is due to the fact such as CRP which protect soil and Nutrition, and Forestry, U.S. Senate. that harvest is nearly complete, a sur- water, promote habitat and wildlife Hon. RICHARD G. LUGAR, plus of wheat may be hanging over the growth, and compensate family farm- Ranking Member, Senate Committee on Agri- market, and the difference between the ers and ranchers for taking measures culture, Nutrition, and Forestry, U.S. Sen- cash price and the loan rate is not as to conserve our resources. Addition- ate. large as in the Spring. Therefore, I may ally, the bill includes a version of the Hon. LARRY COMBEST, offer an amendment to allow farmers Harkin-Johnson Conservation Security Chairman, House Agriculture Committee, House Program which is a new initiative plac- of Representatives. to select an LDP prior to harvest. Hon. CHARLES W. STENHOLM, The farm bill is about many national ing emphasis on conservation practices Ranking Member, House of Representatives, priorities, and I am pleased the rural that are compatible to working lands Washington, DC. development title of this bill addresses on farms and ranches. Furthermore, DEAR CHAIRMAN HARKIN AND COMBEST, SEN- the small, rural communities that the conservation title includes a reau- ATOR LUGAR, AND REPRESENTATIVE STEN- serve as the backbone of our economy. thorization of my Farmable Wetlands HOLM. The U.S. cattle industry invested con- It is important that our farm bill pro- Pilot, which is reauthorized through siderable time, effort, and money to improve, promote, and advertise its finished vide opportunities for value-added agri- the life of the new farm bill, 2002 to product—U.S. beef. The U.S. cattle industry culture, small businesses, and rural 2006. This Farmable Wetlands Program now needs the ability to identify its beef communities. The level of funding for was crafted last year by South Dako- from among the growing volume of beef sup- rural development initiatives in S. 1731 tans to protect small and sensitive plied by its foreign competitors. The ability is a huge win for rural citizens and farmed wetlands and to compensate to differentiate domestic beef from foreign communities in South Dakota. Name- producers for taking these acres out of beef is necessary to ensure that U.S. cattle ly, I am pleased with the $75 million production. When USDA would not ad- producers have a competitive, open market per year for value-added grants. South ministratively implement this idea, that allows consumer demand signals to reach domestic cattle producers. Dakota has been on the cutting edge of Senator DASCHLE and I introduced leg- We strongly support the mandatory coun- developing value-added projects in re- islation which was signed into law. The try-of-origin labeling language passed by the cent history. With the expansion of legislation called for a two-year pilot Senate Agriculture Committee. Specifically, funding for these grants, we can expect program to enroll small, farmed wet- we strongly support the following key ele- to see profits from value-added agri- lands, up to 5 acres in size, into CRP. I ments: (1) Mandatory country of origin label- culture increase in South Dakota. As am very proud that South Dakota coming for beef, lamb, pork, fish, fruits, vegetables, and peanuts. (2) Only meat from ani- in much of the Upper Midwest, unpre- mon-sense left an imprint on the con- mals exclusively born, raised, and slaugh- dictable weather is a way of life for servation title of this farm bill with tered in the United States shall be eligible South Dakotans. With $2 million in the extension of this Farmable Wet- for a USA label. (3) The USDA Quality Grade funding to acquire more weather radio lands program. Finally, the conserva- Stamp cannot be used on imported meat.

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.070 pfrm02 PsN: S14PT1 S13274 CONGRESSIONAL RECORD — SENATE December 14, 2001 Several importing and processing industry South Dakota Livestock Auction Mar- President, American groups are aggressively working to weaken kets Association, South Dakota Farm Bureau Fed- the Senate Farm Bill’s mandatory country- Stockgrower’s Association, South- eration. of-origin labeling language. They want to eastern Montana Livestock Associa- LELAND SWENSON, eliminate the exclusively born, raised, and tion, Southern Colorado Livestock As- President, National slaughtered definition of origin. They also sociation, Spokane County Cattlemen’s Farmers Union. want to exempt ground beef from among the Association (Washington), Stevens meat covered by the legislation. We strongly County Cattlemen’s Association (Wash- OCTOBER 30, 2001. oppose any such changes as they would se- ington), Utah Cattlemen’s Association, Hon. TOM HARKIN, verely impair the competitiveness of U.S. Valier Stockmen’s Association (Mon- Chairman, Senate Committee on Agriculture, cattle producers. tana), Virginia Cattlemen’s Associa- Nutrition and Forestry U.S. Senate. Since 1987, the U.S. cattle industry has in- tion, Washington Cattlemen’s Associa- Hon. RICHARD G. LUGAR, vested millions toward a mandatory check- tion, Western Montana Stockgrowers Ranking Member, Senate Committee on Agri- off program to research, promote, and adver- Association, Western Ranchers Beef culture, Nutrition and Forestry, U.S. Sen- tise beef. It is now time to take the next log- Cooperative (California), Wyoming ate, Washington, DC. ical step of requiring country-of-origin label- Stock Growers Association. DEAR CHAIRMAN HARKIN AND SENATOR ing so consumers can identify the very beef U.S. cattle producers have worked so hard to LUGAR: We are writing to ask for your sup- DECEMBER 4, 2001. port for an initiative that will allow con- promote. Proper labeling of beef will benefit Member, all check-off contributors. The identification sumers to make more informed choices U.S. Senate, Washington, DC. of meat in the marketplace is also becoming about their purchases of fruits, vegetables DEAR SENATOR: On behalf of the members and meats. We seek your support for inclu- increasingly important given the global of the American Farm Bureau Federation threat of bio-terrorism. Without labeling, we sion of a measure to provide mandatory (AFBF) and the National Farmers Union country-of-origin labeling for fresh produce cannot segregate or recall meat now flowing (NFU), we write to urge your support for through our food distribution channels if a and meat in the Senate version of the farm country of origin labeling when you vote for bill. contamination or outbreak were announced the farm bill. The Senate Agriculture Com- by any one of our many trading partners. Fi- American consumers prefer to know where mittee-passed farm bill requires mandatory their food is grown. In multiple national sur- nally, consumers deserve to have accurate country of origin labeling for fresh fruits and country-of-origin labeling so they can make veys, more than 70 percent of produce shop- vegetables, peanuts, and meat products in- pers support country-of-origin labeling for informed purchasing decisions. cluding beef, lamb, pork and farm-raised We respectfully urge you to fully support fruits and vegetables. In Florida, where such fish. labeling has been the law for more than 20 the mandatory country-of-origin language Producers and consumers both benefit. years, more than 95 percent favor produce or- passed by the Senate Agriculture Committee Country of origin labeling is a valuable mar- igin labeling in stores. Consumer surveys and now included in the Senate Farm Bill. keting opportunity that may improve the also indicate that 86 percent of Americans Sincerely, ability of U.S. producers to compete in a prefer labeling country-of-origin for meat Adams County Cattlemen’s Association highly regulated market and costly environ- products. (Washington), Alabama Cattlemen’s ment. Likewise, consumers have expressed The Consumer Right to Know Act of 2001 Association, American Indian Live- strong support for country of origin labeling (S. 280) would mandate point-of-purchase la- stock Association, Baker County Live- for agricultural products. According to a beling for fruits, vegetables and other fresh stock Association (Oregon), Beartooth March 1999 Wirthlin Worldwide survey, 86 perishables, as well as meat products such as Stockgrowers Association (Montana), percent of consumers support country of ori- beef, lamb and pork. Food service establish- Belgian Blue Beef Breeders, Bent- gin labeling for meat products. Prowers Cattle and Horsegrowers’ As- The U.S. General Accounting Office has re- ments would be exempt. The bill grants sociation (Colorado), Big Horn Cattle- ported that, according to surveys conducted USDA the authority to coordinate enforce- men’s Association (Wyoming), Bitter- by the fresh produce industry, between 74 ment with each state. root Stockgrowers Association (Mon- and 83 percent of consumers favor country of Of course, manufactured goods sold in the tana), Black Hills Angus Association origin labeling for fresh produce. The Farm U.S. have carried mandatory country-of-ori- (South Dakota), Bonner-Boundary Cat- Foundation’s, ‘‘The 2002 Farm Bill: U.S. Pro- gin labels since the 1930s. Today, at a time tle Association (Idaho), British White ducer Preference for Agricultural, Food and when retailers sell fresh produce from dozens Cattle Association of America, LTD, Public Policy’’ indicates that support for la- of countries, our nation’s fruits and vegeta- Cattlemen’s Weighing Association beling the country of origin on food products bles need to carry that same important in- (North Dakota), Colstrip Community is nearly unanimous, with 98 percent in formation. Furthermore, consumers are mis- Stockyard Association, Crazy Moun- agreement, among producers. led into thinking the USDA inspected grade tain Stockgrowers (Montana), Eagle The Senate Agriculture committee-passed equates a country of origin label for meat County Cattlemen’s Association (Colo- farm bill requires meat products, peanuts, products. rado), Fallon County Stockgrowers’ and perishable agricultural commodities to Recently, the House of Representatives and Landowners’ Association (Mon- be labeled as to the country of origin. In overwhelmingly passed a similar country-of- tana), Grant County Cattlemen’s Asso- order to qualify as U.S.-produced, meat prod- origin labeling measure (mandating labeling ciation (Washington), Holy Cross ucts must come from an animal born, raised for fresh produce only) as part of the farm Cattlemen’s Association (Colorado), and slaughtered in the U.S. and fresh bill package. Idaho-Lewis Cattle Association (Idaho). produce and peanuts must be exclusively We urge you to consider the benefits of S. Independent Cattlemen’s Association of grown and processed in the U.S. Language is 280 and support inclusion of it in the Senate Texas, Kansas Cattlemen’s Associa- included stating that there will not be a sys- version of the farm bill. tion, Kansas Hereford Association, tem of mandatory identification imposed Sincerely, Kootenai Cattlemen’s Association and that a system will be based on a current Alaska Farmers Union, American Corn (Idaho), Lane County Livestock Asso- program used by USDA to verify that the Growers Association, Alabama Farm Bureau ciation (Oregon), Livestock Marketing animals are born, raised and slaughtered in Federation, Arizona Farm Bureau Federa- Association, Minnesota Cattlemen’s the U.S. tion, Arkansas Farm Bureau Federation, Ar- Association, Mississippi Cattlemen’s A significant number of U.S. trading part- kansas Farmers Union, Burleigh County Association, Missouri Stockgrower’s ners have country of origin labeling laws for Farm Bureau, California Asparagus Commis- Association, Montana Stockgrowers produce and meat products. According to the sion, California Citrus Mutual, California Association, Nevada Cattlemen’s Asso- USDA’s 1998 Foreign Country of Origin La- Grape & Tree Fruit League, California Farm ciation, Nevada Live Stock Associa- beling Survey, the United States is among Bureau, California Farmers Union, Center tion, New Jersey Angus Association, only six of the 37 reporting countries that do for Food Safety, Consumer Federation of New Mexico Cattlegrowers’ Associa- not require country of origin labeling on America, Desert Grape Growers League of tion, North Central Stockgrowers As- processed meat. Since the time of the 1998 California, Florida Citrus Mutual, Florida sociation (Montana), North Dakota survey, additional countries, such as Japan, Department of Agriculture & Consumer Stockmen’s Association, North-East have begun requiring country of origin label- Services, Florida Farm Bureau Federation, Kansas Hereford Association, North ing of meat. In addition, some 35 out of the Florida Farmers & Suppliers Coalition, Inc., Idaho Cattlemen’s Association (Idaho), 46 surveyed countries require country of ori- Florida Fruit and Vegetable Association. Owyhee Cattlemen’s Association gin labeling for fresh fruits and vegetables. Florida Tomato Exchange, Georgia Farm (Idaho). Farmers and ranchers believe consumers Bureau Federation, Georgia Fruit and Vege- Pennsylvania Cattlemen’s Association, have a right to know where their food is pro- table Growers Association, Idaho Farm Bu- Pueblo County Cattlemen Association duced. We hope that you will support coun- reau Federation, Idaho Farmers Union, Illi- (Colorado), Ranchers-Cattlemen Action try of origin labeling as it moves to the Sen- nois Farmers Union, Independent Cattle- Legal Fund, United Stockgrowers of ate floor. men’s Association of Texas, Indiana Farmers America (R–CALF USA), Sheridan Sincerely, Union, Indian River Citrus League, Inter- County Stockgrowers (Wyoming), BOB STALLMAN, tribal Agriculture Council, Iowa Farmers

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.042 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13275 Union, Kansas Cattlemen’s Association, Kan- into thinking a product is of U.S. origin ber of recent developments. Assistant sas Farmers Union, Livestock Marketing As- when, in fact, it is not. Meat products identi- Attorneys General asked to testify and sociation, Louisiana Farm Bureau Federa- fied as ‘‘U.S. Beef’’ or ‘‘Made in the U.S.A.’’ we accommodated them. The Attorney tion, Maryland Farm Bureau, Michigan As- should originate from animals born, raised, General responded to a bipartisan re- paragus Advisory Committee. slaughtered and processed here. Michigan Farmers Union, Minnesota Farm When country-of-origin labeling is dis- quest and we accommodated him with Bureau Federation, Minnesota Farmers cussed, two additional issues invariably respect to the date and timing of his Union, Missouri Farmers Union, Mississippi come up: cost and trade retaliation. On cost, participation. We had a dialog on the Farm Bureau Federation, Montana Farm Bu- the General Accounting Office concluded question of military tribunals. We reau Federation, Montana Farmers Union, that country-of-origin labeling would in- heard from other witnesses at our ear- National Catholic Rural Life Conference, Na- crease costs for both industry and govern- lier hearings and through the course of tional Consumers League, National Family ment but that ‘‘the magnitude of these costs the last few weeks informally from lit- Farm Coalition, National Farmers Organiza- is uncertain.’’ Federal law, however, already tion, National Farmers Union, National requires country-of-origin markings on the erally thousands of people. Onion Council, National Potato Council, Ne- packaging of all meat and produce imported We did this because it appeared to braska Farmers Union, New York Farm Bu- into this country. In addition, slaughter many of us that we had sort of a uni- reau, New York Beef Producers’ Association, plants already segregate beef carcasses by lateral edict on the part of the admin- New York State Forage & Grassland Council, grade and grade levels already following istration regarding military tribunals. New Jersey Farm Bureau, Nevada Livestock products to the retail level. How costly We were hearing, from the left to the Association. would it be to expand these efforts to include right, concern that it was so unilateral North Dakota Farm Bureau, North Dakota country-of-origin labeling at retail? In Flor- Farmers Union, North Idaho Cattlemen’s As- that it might not stand constitutional ida, which has had country-of-origin labeling muster. So in seeking as many voices sociation, Northwest Horticultural Council, for produce since 1979, it reportedly costs Ohio Farm Bureau Federation, Ohio Farmers less than $10 per month per store. In terms of on this as possible, we heard from some Union, Oklahoma Farmers Union, Oregon compliance, Florida says its program is ‘‘not who endorsed wholeheartedly the use Farm Bureau Federation, Oregon Farmers costly if conducted by the same inspection of military tribunals, others who said Union, Organization for Competitive Mar- authority that is usually in food stores.’’ we should only use our court system— kets, Public Citizen, Pennsylvania Farm Bu- Florida put statewide industry compliance the tried and tested method of the reau, Pennsylvania Farmers Union, Ranch- costs for country-of-origin labeling through court system, and still others who ers-Cattlemen Action Legal Fund (R-CALF 1998 at less than $300,000 per year. Costs of USA), Rhode Island Farm Bureau Federa- said—and I find myself in this cat- this magnitude would be a reasonable trade- egory—sometimes military tribunals tion, Rocky Mountain Farmers Union, South off to assure accurate labeling of meat and Carolina Farm Bureau. fresh produce. can be appropriate provided they are South Dakota Farm Bureau Federation, On trade, numerous foreign countries have duly authorized and provided there are South Dakota Farmers Union, Southern Col- their own country-of-origin labeling require- reasonable limits and proper safe- orado Livestock Association, Texas Farmers ments for perishable agricultural commod- guards for them. Union, United Fruits and Vegetable Associa- ities. Twenty-two of our own trading part- I will put in the RECORD a copy of a tion, Utah Farmers Union, Virginia Farm ners—including Canada, Mexico, Japan and letter from a large number of lawyers Bureau, Washington Farmers Union, Wash- many members of the European Union—have and law professors on this issue, and ington State Farm Bureau, Western Organi- country-of-origin labeling for produce. If our zation of Resource Councils (WORC), Wis- also a summary of some of the things trading partners have these requirements, we found in our committee hearings. I consin Farmers Union, Wyoming Farm Bu- why shouldn’t we? In addition, many other reau Federation, Wyoming Stock Growers consumer products, including automobiles, also include a proposal. I put this in Association. must meet country-of-origin labeling re- the RECORD because I know Senators quirements in this country. Why should agri- have been considering proposals for a NOVEMBER 6, 2001. cultural products be exempt? military tribunal. Several Members of DEAR SENATOR: When the Senate takes up Many polls, including a 1998 CBS News poll both parties have come forward with the 2001 farm bill, please support legislation and two polls by the National Cattlemen’s to require country-of-origin labeling at re- very constructive suggestions. I want Beef Association, have found overwhelming to make sure if we are going to use tail for meat products and fresh fruits and consumer support for country-of-origin la- vegetables. Senator Tim Johnson (D–S.D.) beling. In Florida, more than 95 percent military tribunals, we bring the proce- has introduced this legislation as S. 280, the favor labeling produce by country of origin. dure into compliance with inter- Consumer Right to Know Act of 2001. Please Earlier this fall, the House of Representa- national law, but with treaty obliga- oppose efforts to water down country-of-ori- tives included country-of-origin labeling for tions we have elsewhere. I want to gin labeling legislation by allowing domestic produce as part of its farm bill. The amend- make sure we set out very clearly the origin labels on beef that has been slaugh- ment adding this provision passed by a wide tered and processed—but not born—in this question of what our limits are, what margin. Please support S. 280 or similar leg- the U.S. says about military tribunals. country. islation when the Senate debates its farm While not a food safety program, country- We all know our various Presidents bill. of-origin labeling will give consumers addi- over the years have had to call other ARTHUR JAEGER, tional information about the source of their Consumer Federation of America. countries and say: You are holding an food. As a matter of choice, many consumers PATTY LOVERA, American. You can’t put that Amer- may wish to purchase produce grown and Public Citizen. ican before a secret military tribunal. processed in the United States or meat from LINDA GOLODNER, There have to be safeguards and we animals born, raised and processed here. National Consumers League. Without country-of-origin labeling, these have to know what is going on. Cer- consumers are unable to make an informed The PRESIDING OFFICER. The Sen- tainly, you must carry out your own choice between U.S. and imported products. ator from Vermont is recognized. laws, but let’s do it in the open and In fact, under the Agriculture Department’s Mr. LEAHY. Mr. President, I ask make sure they have a chance to grade stamp system, they could be misled unanimous consent that I might be speak, that they know what the evi- into thinking some imported meat is pro- able to proceed for about 3 minutes as dence is against them, and that they duced in this country. Country-of-origin la- in morning business. have a chance for appeal. beling may also assist small producers, many The PRESIDING OFFICER. Without A military tribunal is not a court- of whom are suffering from low prices, con- martial. Our courts-martial in the solidation among processors, and weather-re- objection, it is so ordered. lated problems. f United States follow very specific procedures—in fact, some of the best in Several food industry trade associations MILITARY TRIBUNALS and two farm organizations have proposed a the world. If it is simply a question of voluntary ‘‘Made in the USA’’ label for re- Mr. LEAHY. Mr. President, over the these being, in effect, a court-martial, tailers who want to promote and market past few weeks, the Committee on the I don’t think there would be any prob- U.S. beef. Their effort falls short on two Judiciary has examined the adminis- lem. counts. First, industry already has voluntary tration’s proposal to use military tri- But what is a military tribunal? Sen- labeling authorization and it has not re- bunals to try suspected terrorists. I ators have asked: Does it mean that a sulted in country-of-origin labeling for beef. In addition, the industry proposal allows think our work has been very helpful bare majority, or even less, could vote meat from cattle that have been in this and productive. We used the constitu- for the death penalty? What is the country for a few as 100 days to be labeled tional oversight powers of the Senate standard of proof? Is it mere suspicion, ‘‘U.S. Beef.’’ This could mislead consumers to hold a series of hearings on a num- or is it preponderance of the evidence,

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.046 pfrm02 PsN: S14PT1 S13276 CONGRESSIONAL RECORD — SENATE December 14, 2001 or is it beyond a reasonable doubt? fense Donald Rumsfeld called the dis- Finally, the order expressly states Does the person accused have any course over military commissions that the accused in military commis- chance to give any kind of a defense? ‘‘useful’’ and is reaching outside the sions ‘‘shall not be privileged to seek These are all issues that should be laid Pentagon for input. It now appears any remedy or maintain any pro- out. that the administration is reconsid- ceeding, directly or indirectly . . . in (i) If we are going to use military tribu- ering some of the most sweeping terms any court of the United States, or any nals, let’s make sure we are putting of the President’s November 13 mili- State thereof, (ii) any court of any for- forth the best face of America. We have tary order. On its face, that order has eign nation, or (iii) any international so much for which to be proud. We have broad scope and provides little in the tribunal.’’ Yet, the administration’s a great deal to be proud of in our civil way of procedural protections, but the most recent statements are that this is courts and in our military courts. At a more recent assurances that it will be not an effort to suspend the writ of ha- time when we are asking nations applied sparingly and in far narrower beas corpus. around the world to join us in our bat- circumstances than is suggested by the These explanations of the military tle against these despicable acts of ter- language of the order have been help- order by both anonymous and identi- ror—the acts we saw on September 11 ful. While the Judiciary Committee fied administration representatives in New York, the Pentagon, and in a hearings were ongoing, the administra- suggest that, one, the administration lonely field in Pennsylvania—as we tion clarified its plans for implementa- does not intend to use military com- properly and appropriately defend our- tion of the military order in five crit- missions to try people arrested in the selves and seek to eradicate the source ical aspects. United States; two, these tribunals will of this terror, let’s make sure, as we First, as written, the military order be limited to ‘‘foreign enemy war line up countries around the world to applies to non-citizens in the United criminals’’ for ‘‘offenses against the join us in that battle, that we keep States, which according to testimony international laws of war’’; three, the those countries as our allies for further before the committee would cover military commissions will follow the battles. Even after bin Laden is gone— about 20 million people. Two days after rules of procedural fairness used for and eventually he will be—there will be we began our series of hearings, the trying U.S. military personnel; and other terrorists—if not now, in later President’s counsel indicated that four, the judgments of the military years. We want to make sure that military commissions would not be commissions will be subject to some countries join with us in the battle held in the United States, but rather form of judicial review. We hope that against terrorism, respecting the fact ‘‘close to where our forces may be the Attorney General’s responses to that we uphold our Constitution and fighting.’’ Anonymous administration written questions from the committee our highest ideals as Americans. officials have also indicated in press re- will continue to clarify these critical f ports that there is no plan to use mili- matters. tary commissions in this country but The administration apparently con- THE CONTINUING DEBATE ON THE only for those caught in battlefield op- tends that an express grant of power USE OF MILITARY COMMISSIONS erations. from this Congress to establish mili- Assistant Attorney General Chertoff Second, the White House counsel has tary commissions is unnecessary. The testified on November 28 before the also indicated that the order will only Attorney General testified before the Senate Judiciary Committee that ‘‘the apply to ‘‘non-citizens who are mem- Judiciary Committee on December 6 history of this Government in pros- bers or active supporters of al-Qaida or that, ‘‘the President’s power to estab- ecuting terrorists in domestic courts other international organizations tar- lish war-crimes commissions arises out has been one of unmitigated success geting the United States’’ and who are of his power as Commander in Chief.’’ and one in which the judges have done ‘‘chargeable with offenses against the A growing chorus of legal experts casts a superb job of managing the court- international laws of war.’’ doubt on that proposition, however. room and not compromising our con- Third, while the military order is es- Nevertheless, the administration ap- cerns about security and our concerns sentially silent on the procedural safe- pears to be adamant about going it about classified information.’’ guards that will be provided in mili- alone and risking a bad court decision I am proud that the Senate Judiciary tary commission trials, the White on the underlying legality of the mili- Committee is playing a role in spon- House counsel has explained that military commission. Why take a chance soring this national debate, and I ap- tary commissions will be conducted that the punishment meted out to ter- preciate the participation and con- like courts-martial under the Uniform rorists by a military commission will tributions of all members of the com- Code of Military Justice. I have great not stick due to a constitutional infir- mittee—no matter their point of view. confidence in our courts-martial sys- mity in the commission’s jurisdiction? Leading constitutional, civil rights and tem, which offers protections for the I have received a letter signed by military justice experts have gener- accused that rival, and in some cases over 400 law professors from all over ously shared their time and analyses even surpass, protections in our Fed- the country, expressing their collective with the committee, as well as the At- eral civilian courts and includes judi- wisdom that the military commissions torney General and other representa- cial review. contemplated by the President’s Order tives of the Department of Justice. No Fourth, nothing in the military order are ‘‘legally deficient, unnecessary, and one participant, no one person, and no would prevent commission trials from unwise.’’ More specifically, these hun- one party holds a monopoly on wisdom being conducted in secret, as was done, dreds of legal scholars point out that in this Nation. I know that spirited de- for example, in the case of the eight Article I of the Constitution provides bate is a national treasure. I know Nazi saboteurs that has most often that Congress, not the President, has what the terrorists will never under- been cited by the administration as its the power to ‘‘define and punish . . . stand, that our diversity of opinion is model for this order. However, Mr. Offenses against the Law of Nations.’’ not a weakness but a strength beyond Gonzales assured us that ‘‘Trials before Absent specific congressional author- measure. military commissions will be as open ization, they say, the order ‘‘under- I do not cast aspersions on those who as possible, consistent with the urgent mines the tradition of the Separation disagree with my views on this subject. needs of national security.’’ Mr. of Powers.’’ I do not challenge their motives and Chertoff’s testimony before the com- At our last hearing with the Attor- seek to cower them into silence with mittee was along the same lines. ney General, some of my colleagues on charges of ‘‘fear mongering.’’ I chal- This is in sharp contrast to the state- the other side of the aisle suggested lenge their ideas, and praise them as ments before our hearings that the that the administration had ‘‘essen- patriots in a noble cause. ‘‘proceedings promise to be swift and tially won’’ the argument on military Already, our oversight has provided a largely secret, with one military offi- commissions. This impression is wholly better picture of how the administra- cer saying that the release of informa- mistaken and I would urge my col- tion intends to use military commis- tion might be limited to the barest leagues to review the record of the sions. According to William Safire of facts, like the defendant’s name and hearings before the Senate Judiciary the New York Times, Secretary of De- sentence.’’ Committee on this issue.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.088 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13277 This debate is not about following ter from over 400 law professors, this In this brief statement, we outline only a the polls and playing a game of polit- defect has both practical and legal con- few examples of the serious constitutional ical ‘‘gotcha’’ when the cameras are sequences. Legally, it means that the questions this Order raises: The Order undermines the tradition of the rolling. When more than 400 law profes- order may be inconsistent with our Separation of Powers. Article I of the Con- sors speak with one voice, and anyone treaty obligations, which under our stitution provides that the Congress, not the who has been to law school knows that Constitution are the ‘‘supreme Law of President, has the power to ‘‘define and pun- it is no easy matter to get even two the Land.’’ Practically, it give political ish . . . Offenses against the Law of Nations.’’ law professors to agree on something, cover to those less democratic regimes The Order, in contrast, lodges that power in we must carefully consider their opin- around the world to mistreat foreign the Secretary of Defense, acting at the direc- ion that there are serious legal and defendants in their courts, and thereby tion of the President and without congressional approval. constitutional problems with the Presi- places Americans around the world at The Order does not comport with either dent’s course of action. risk. constitutional or international standards of Their views are consistent with the On December 5, I forwarded to the due process. The President’s proposal per- concerns raised by the constitutional Attorney General in advance of the Ju- mits indefinite detention, secret trials, and and military justice experts who testi- diciary Committee hearing proposed no appeals. fied before the committee. Let me just legislation to authorize the President The text of the Order allows the Executive to violate the United States’ binding treaty cite a few examples. to establish military tribunals to try terrorists captured abroad in connec- obligations. The International Covenant on Retired Air Force Colonel Scott Civil and Political Rights, ratified by the Silliman and law professor Laurence tion with the September 11 attacks. In United States in 1992, obligates State Parties Tribe argued that the legal basis of the that proposal I outlined a number of to protect the due process rights of all per- President’s Military Order is weak and procedural safeguards to fulfill the sons subject to any criminal proceeding. The should be remedied by Congress. President’s command in his military third Geneva Convention of 1949, ratified by Cass Sunstein of the University of order for a ‘‘full and fair hearing.’’ the United States in 1955, requires that every Chicago recommended that basic re- These procedures would bring these tri- prisoner of war have a meaningful right to quirements of procedural justice be bunals into compliance with our Na- appeal a sentence or a conviction. Under Ar- tion’s obligations under international ticle VI of the Constitution, these obliga- met if commissions are established. tions are the ‘‘supreme Law of the Land’’ and Neal Katyal of Yale Law School law and treaties to which the United cannot be superseded by a unilateral presi- opined that the order ‘‘usurps the States is a party. dential order. power of Congress’’ and ignores the The authorization for and literal No court has upheld unilateral action by focus of our Constitution’s framework. terms of the order present serious ques- the Executive that provided for as dramatic Kate Martin, Director of the Center tions and require some corrective ac- a departure from constitutional norms as for National Security Studies states tion. That is why I have offered to does this Order. While in 1942 the Supreme work with the administration and Court allowed President Roosevelt’s use of that the military order ‘‘violates sepa- military commissions during World War II, ration of powers as the creation of other members to draft and pass legis- Congress had expressly granted him the military commissions has not been au- lation that will clearly authorize and power to create such commissions. thorized by the Congress and is outside establish procedures for military com- Recourse to military commissions is un- the President’s constitutional powers.’’ missions. necessary to the successful prosecution and She compares this current situation to Those of us who take an oath of of- conviction of terrorists. It presumes that fice to uphold the Constitution, both in regularly constituted courts and military that ‘‘[w]hen the Supreme Court ap- courts-martial that adhere to well-tested due proved the use of military commissions the Congress and the administration, have a duty to do more than just listen process are unable to handle prosecutions of in World War II’’ and ‘‘Congress has this sort. Yet in recent years, the federal specifically authorized their use in Ar- to the polls. The important thing, after trial courts have successfully tried and con- ticles of War adopted to prosecute the all, is not who wins some political de- victed international terrorists, including war against Germany and Japan.’’ bate the important thing is that Amer- members of the al-Qaeda network. Phillip Heymann of Harvard Law ica gets this right. It is a triumph of the United States that, I ask unanimous consent to have the despite the attack of September 11, our insti- School testified that he regards the tutions are fully functioning. Even the dis- Military Order ‘‘as one of the clearest law professors’ letter dated December 5, 2001, and an outline of safeguards and ruption of offices, phones, and the mail has mistakes and one of the most dan- not stopped the United States government gerous claims of executive power in the the sources for them be printed in the from carrying out its constitutionally-man- almost fifty years that [he has] been in RECORD. dated responsibilities. Our courts should not and out of government.’’ DECEMBER 5, 2001. be prevented by Presidential Order from visi- Hon. PATRICK J. LEAHY, Kathleen Clark of Washington Uni- bly doing the same. Chairman, Senate Judiciary Committee, Russell Finally, the use of military commissions versity Law School, St. Louis, in sub- Senate Office Bldg., U.S. Senate, Wash- would be unwise, as it could endanger Amer- mitted testimony, examines each of ington, DC. ican lives and complicate American foreign the four sources cited by the President DEAR SENATOR LEAHY: We, the undersigned policy. Such use by the United States would for authority for the order and con- law professors and lawyers, write to express undermine our government’s ability to pro- cludes, ‘‘None of these authorize the our concern about the November 13, 2001, test effectively when other countries do the creation of this type of military tri- Military Order, issued by President Bush and same. Americans, be they civilians, peace- bunal.’’ She concludes that ‘‘In this directing the Department of Defense to es- keepers, members of the armed services, or tablish military commissions to decide the diplomats, would be at risk. The United time of uncertainty and fear, it is as guilt of non-citizens suspected of involve- States has taken other countries to task for important as ever for Congress to en- ment in terrorist activities. proceedings that violate basic civil rights. sure that the executive branch abides The United States has a constitutional Recently, for example, when Peru branded an by the constitutional limits on its au- court system of which we are rightly proud. American citizen a ‘‘terrorist’’ and gave her thority.’’ Time and again, it has shown itself able to a secret ‘‘trial,’’ the United States properly Timothy Lynch, Director of the adapt to complex and novel problems, both protested that the proceedings were not held CATO Institute’s Project on Criminal criminal and civil. Its functioning is a world- in ‘‘open civilian court with full rights of wide emblem of the workings of justice in a Justice contends that ‘‘because Article legal defense, in accordance with inter- democratic society. national judicial norms.’’ I of the Constitution vests the legisla- In contrast, the Order authorizes the De- The proposal to abandon our existing legal tive power in the Congress, not the Of- partment of Defense to create institutions in institutions in favor of such a constitu- fice of the President, the unilateral na- which we can have no confidence. We under- tionally questionable endeavor is misguided. ture of the executive order clearly runs stand the sense of crisis that pervades the Our democracy is at its most resolute when afoul of the separation of powers prin- nation. We appreciate and share both the we meet crises with our bedrock ideals in- ciple.’’ sadness and the anger. But we must not let tact and unyielding. Legal experts around the country are the attack of September 11, 2001 lead us to Respectfully submitted, sacrifice our constitutional values and aban- Benjamin Aaron, Professor of Law Emer- concerned that the President’s order don our commitment to the rule of law. In itus, University of California-Los Angeles does not comport with either constitu- our judgment, the untested institutions con- School of Law; Kenneth Abbott, Elizabeth tional or international standards of templated by the Order are legally deficient, Froehling Horner Professor of Law and Com- due process. As pointed out in the let- unnecessary, and unwise. merce, Director, Center for International

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.035 pfrm02 PsN: S14PT1 S13278 CONGRESSIONAL RECORD — SENATE December 14, 2001 and Comparative Studies, Northwestern Uni- Anthropology and the College, University of Policy, Yale Law School; Cynthia R. Farina, versity; Richard L. Abel, Visiting Professor, Chicago; William M. Carter, Jr., Esq., Assist- Professor of Law, Cornell Law School; Neal New York University Law School, Connell ant Professor of Law, Case Western Reserve Feigenson, Professor of Law, Quinnipiac Uni- Professor, University of California-Los Ange- University School of Law; Douglas Cassell, versity; Professor Jay M. Feinman, Rutgers les School of Law; Khaled Abou El Fadl, Act- Director, Center for International Human School of Law—Camden; Stephen M. Feld- ing Professor, University of Califorina-Los Rights, Northwestern University School of man, University of Tulsa; Barbara J. Fick, Angeles School of Law; Bruce Ackerman, Law; Anthony Chase, Center for Inter- Associate Professor of Law, University of Sterling Professor of Law and Political national Studies, University of Chicago; Notre Dame School of Law; Matthew W. Science, Yale Law School; Bryan Adamson, Alan K. Chen, Associate Professor, Univer- Finkin, Albert J. Harno Professor of Law, Associate Professor of Law, Case Western sity of Denver College of Law; Ronald K. University of Illinois; David H. Fisher, Reserve University School of Law; Raquel Chen, Associate Dean for Academic Affairs, Ph.D., Professor of Philosophy, North Cen- Aldana-Pindell, Assistant Professor of Law, Rutgers School of Law—Newark; Paul G. tral College; Stanley Z. Fisher, Professor of University of Nevada-Las Vegas, William S. Chevigny, Professor of Law, New York Uni- Law, Boston, MA; Scott FitzGibbon, Pro- Boyd School of Law; Alison Grey Anderson, versity School of Law; Gabriel J. Chin, Rufus fessor of Law, Boston College Law School, Professor of Law, University of California- King Professor of Law, University of Cin- Martin S. Flaherty, Professor of Law, Ford- Los Angeles School of Law; Michelle J. An- cinnati College of Law; Hiram E. Chodosh, derson, Associate Professor of Law, Professor of Law, Director, Frederick K. Cox ham Law School; Brian J. Foley, Widener Villanova University School of Law; Pro- International Law Center, Case Western Re- University School of Law; Gregory H. Fox, fessor Penelope Andrews, City University of serve University School of Law; Carol Professor of Law, Chapman University New York School of Law; Fran Ansley, Pro- Chomsky, Associate Professor of Law, Uni- School of Law, Orange, CA; Gary Forrester, fessor of Law, University of Tennessee Col- versity of Minnesota Law School, Co-Presi- Visiting Assistant Professor of Law, Univer- lege of Law; Keith Aoki, Associate Professor dent, Society of American Law Teachers; sity of Illinois College of Law, Mary Louise of Law, University of Oregon School of Law; George C. Christie, James B. Duke Professor Frampton, Director, Boalt Hall Center for Annette Appell, Associate Professor, Univer- of Law, Duke University School of Law; Mi- Social Justice, University of California at sity of Nevada-Las Vegas, William S. Boyd chael J. Churgin, Raybourne Thompson Cen- Berkeley; Daniel J. Freed, Clinical Professor School of Law; Jennifer Arlen, Visiting Pro- tennial Professor in Law, University of Emeritus of Law and Its Administration, fessor of Law, Yale Law School, Ivadelle and Texas School of Law; Kathleen Clark, Pro- Yale Law School; Eric Freedman, Professor Theodore Johnson Professor of Law & Busi- fessor, Washington University School of of Law, Hofstra University School of Law; ness, USC Law School; Michael Asimov, Pro- Law; Roger S. Clark, Board of Governors and Peter B. Friedman, Director of Research, fessor of Law Emeritus, University of Cali- Professor, Rutgers School of Law—Camden; Analysis, and Writing, Case Western Reserve fornia-Los Angeles School of Law; Barbara Sarah Cleveland, Professor of Law, Univer- University School of Law; Atwood, Mary Anne Richey Professor of sity of Texas School of Law; George M. Nicole Fritz, Crowly Fellow in Inter- Law, University of Arizona, James E. Rogers Cohen, Professor of Law, University of Vir- College of Law; Michael Avery, Associate ginia; David Cole, Georgetown University national Human Rights, Fordham School of Professor, Suffolk Law School; Jonathan B. Law Center; Melissa Cole, St. Louis Univer- Law; Joseph W. Glannon; Maggie Gilmore, Baker, Associate Professor of Law, American sity School of Law; Robert H. Cole, Professor Supervising Attorney, Indian Country Envi- University, Washington College of Law; Jack of Law Emeritus, School of Law (Boalt Hall), ronmental Justice Clinic, Vermont Law Balkin, Knight Professor of Constitutional University of California at Berkeley; and School; Peter Goldberger, YLS ’75, Attorney, Law and the First Amendment, Yale Law James E. Coleman, Jr., Professor of the Ardmore, PA; Phyllis Goldfarb, Professor of School; Susan Bandes, Professor of Law, Practice of Law, Duke University Law Law, Boston College Law School; Carmen DePaul University College of Law; and School. Gonzalez, Assistant Professor of Law, Se- Taunya Lovell Banks, Professor of Law, Uni- Jules Coleman, Wesley Newcomb Hohfeld attle University School of Law; Jonathan versity of Maryland School of Law. Professor of Jurisprudence, Yale Law School; Gordon, Instructor of Law, Case Western Re- Roger M. Baron, Professor of Law, Univer- Frank Rudy Cooper, Assistant Professor of serve University School of Law; Robert Gor- sity of South Dakota School of Law; Gary Law, Villanova University School of Law; don, Johnston Professor of Law and History, Basi, Professor of Law, University of Cali- Charlotte Crane, Professor of Law, North- Yale University; Neil Gotanda, Professor of fornia-Los Angeles School of Law; Joseph western University School of Law; Cathryn Law, Western State University; Stephen E. Bauer, Professor of Law. University of Notre Stewart Crawford, Assistant Clinical Pro- Gottlieb, Professor of Law, Albany Law Dame School of Law; Linda M. Beale, Uni- fessor, Northwestern University School of School; Grayfred B. Gray, Associate Pro- versity of Illinois College of Law; John S. Law; Lisa A. Crooms, Associate Professor, fessor Emeritus, University of Tennessee Beckerman, Associate Dean for Academic Howard University School of Law; Jerome College of Law; Suzanne Greene, Visiting Affairs, Rutgers School of Law—Camden; McCristal Culp, Professor of Law, Duke Uni- Professor of Law, Chicago-Kent College of Leslie Bender, Associate Dean & Professor of versity Law School; Dennis E. Curtis, Clin- Law, Kent Greenfield, Associate Professor, Law and Women’s Studies, Syracuse Univer- ical Professor of Law, Yale Law School; Boston College Law School; Susan R. Gzesh, sity College of Law; Robert Bennett, North- Molly D. Current, Visiting Assistant Pro- Director, Human Rights Program, The Uni- western University School of Law; Morris D. fessor of Law, Chicago-Kent College of Law; versity of Chicago; Elwood Hain, Professor, Bernstein, Associate Clinical Professor, Uni- Harlon Dalton, Professor of Law, Yale Law Whittier Law School, Colonel (JAG), USAFR versity of Tulsa College of Law; Arthur Best, School; Karen L. Daniel, Clinical Assistant (ret); Louise Halper, Professor of Law, Wash- Professor of Law, University of Denver Col- Professor, Northwestern University School ington & Lee University School of Law; Rob- lege of Law; Jerry P. Black, Jr., Associate of Law; Thomas Y. Davies, Associate Pro- ert W. Hamilton, University of Texas School Clinical Professor, University of Tennessee fessor of Law, University of Tennessee Col- of Law; Joel F. Handler, University of Cali- College of Law; Gary Blasi, Professor of Law, lege of Law; Angela J. Davis, Professor of fornia-Los Angeles School of Law; Hurst University of California-Los Angeles School Law, American University, Washington Col- Hannum, Professor of International Law, of Law; Cynthia Grant Bowman, Professor of lege of Law; Ellen E. Deason, Associate Pro- The Fletcher School of Law and Diplomacy, Law, Northwestern University School of fessor, University of Illinois College of Law; Tufts University; Patricia Isela Hansen, Pro- Law; Francis A. Boyle, Professor of Law, Judith E. Diamond, Associate Professor; fessor of Law, University of Texas Law University of Illinois College of Law; Lynn Brett Dignam, Clinical Professor of Law, School; Angela Harris, Professor of Law, Branham, Visiting Professor of Law, Univer- Yale Law School; Diane Dimond, Clinical School of Law (Boalt Hall), University of sity of Illinois College of Law; Pamela D. Professor of Law, Duke University Law California at Berkeley; Mark I. Harrison, Bridgewater, Associate Professor of Law, School; Don Doernberg, James D. Hopkins Esq.; and Robert Harrison, Yale Law School; American University, Washington College of Professor of Law, Pace University School of Law; Thomas F. Broden, Professor Emeritus, Law; Peter A. Donovan, Boston College Law Melissa Hart, Associate Professor of Law, University of Notre Dame School of Law; School; Michael B. Dorff, Assistant Pro- University of Colorado School of Law; Kathy Mark S. Brodin, Professor of Law, Boston fessor, Rutgers School of Law—Camden; Nor- Hartman, Assistant Dean for Admissions and College Law School; Ralph Brill, Professor of man Dorsen, Fred I. and Grace A. Stokes Financial Aid, Vermont Law School; Lev Law, Chicago-Kent College of Law; Theresa Professor of Law, New York University Hartman, 381 VT Route 66, Randolph, VT J. Bryant, Executive Director and Director School of Law; David M. Driesen, Associate 05060; Philip Harvey, Associate Professor of of Public Interest, Career Development Of- Professor of Law, Syracuse University Col- Law & Economics, Rutgers School of Law— fice, Yale Law School; Elizabeth M. Bruch, lege of Law; and Steven Duke, Professor of Camden; Oona Hathaway, Associate Pro- Practitioner-in-Residence, American Univer- Law, Yale Law School. fessor, Boston University School of Law; sity, Washington College of Law; Robert A. Melvyn R. Durchslag, Professor of Law, Joan MacLeod Heminway, University of Ten- Burt, Alexander M. Bickel Professor of Law, Case Western Reserve University School of nessee College of Law; Lynne Henderson, Yale Law School; and Emily Calhoun, Pro- Law; Fernand N. Dutile, Professor of Law Visiting Professor of Law, University of Cali- fessor of Law, University of Colorado. University of Notre Dame School of Law; fornia-Davis School of Law; Susan Herman, Deborah Cantrell, Clinical Lecturer and Stephen Dycus, Professor of Law, Vermont Professor of Law, Brooklyn Law School; Director of the Arthur Liman Public Interest Law School; Howard Eglit, Professor of Law, Kathy Hessler, Case Western Reserve Univer- Program, Yale Law School; Manuela Chicago-Kent College of Law; Daniel C. Esty, sity School of Law; Steven J. Heyman, Pro- Carneiro da Cunha, Professor, Department of Clinical Professor of Environmental Law and fessor of Law, Chicago-Kent College of Law;

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.016 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13279 Tracey E. Higgins, Professor of Law, Ford- School; Claudio Lomnitz, Professor of His- Texas School of Law; Professor Mary Ro- ham Law School, Co-Director, Crowley Pro- tory, University of Chicago; Jean Love, Mar- mero, School of Justice Studies, Arizona gram in International Human Rights; Bar- tha-Ellen Tye Distinguished Professor of State University; Professor Michael Rooke- bara Hines, Lecturer/Director of the Immi- Law,University of Iowa College of Law; John Ley, Co-President-elect, Society of American gration Clinic, University of Texas School of S. Lowe, George W. Hutchison Professor of Law Teachers; Susan Rose-Ackerman, Henry Law; W. William Hodes, President, The Wil- Energy Law, Southern Methodist University; R. Luce Professor of Law and Political liam Hodes Professional Corporation, Pro- Edmund B. Luce, Director of Graduate Pro- Science, Yale Law School; Rand E. fessor Emeritus of Law, Indiana University; grams and Legal Writing Professor, Widener Rosenblatt, Professor of Law, Rutgers Joan H. Hollinger, Visiting Professor of Law, University School of Law; Carroll L. Lucht, School of Law—Camden; Stephen A. Rosen- Director, Child Advocacy Program, School of Clinical Professor of Law, Yale Law School; baum, Lecturer in Law, School of Law (Boalt Law (Boalt Hall), University of California at Jeana L. Lungwitz, University of Texas Hall); University of California at Berkeley; Berkeley; Ruth-Arlene W. Howe, Boston Col- School of Law; David Lyons, Boston Univer- Clifford J. Rosky, Post-Graduate Research lege Law School; Marsha Cope Huie, Visiting sity; Marko C. Maglich, Attorney, New York; Fellow, Yale Law School; Gary Rowe, Acting Professor of Law, Tulane University; Darren Daniel Markovits, Associate Professor of Professor, University of California-Los Ange- Lenard Hutchinson, Assistant Professor of Law, Yale Law School; Inga Markovits, les School of Law; Len Rubinowitz, Professor Law, Southern Methodist University, Deena ‘‘Friends of Jamail’’ Regents’ Chair in Law, of Law, Northwestern University School of Hurwitz, Cover/Lowenstein Fellow in Inter- University of Texas; Richard Markovits, Law; and William Rubenstein, Acting Pro- national Human Rights Law, Yale Law John B. Connally Chair in Law, University of fessor, University of California-Los Angeles School; Alan Hyde, Professor and Sidney Texas; Stephen Marks, Associate Dean for School of Law. Reitman Scholar, Rutgers School of Law— Academic Affairs, Boston University School David S. Rudstein, Professor of Law, Chi- Newark; Jonathan M. Hyman, Professor of of Law; and Jerry L. Mashaw, Sterling Pro- cago-Kent College of Law; Marshall Sahlins, Law, Rutgers School of Law—Newark; Allan fessor of Law and Management, Yale Law Charles F. Grey, Distinguished Service Pro- Ides, Loyola Law School; and, Sherrilyn A. School. fessor Emeritus, University of Chicago; Rich- Ifill, Associate Professor of Law, University Professor Judith L. Maute, University of ard Sander, Professor of Law, University of of Maryland School of Law. Oklahoma College of Law; Carolyn California-Los Angeles School of Law; Jane Lisa C. Ikemoto, Professor of Law, Loyola McAllaster, Clinical Professor of Law, Duke L. Scarborough, Associate Professor of Law, Law School; Craig L. Jackson, Professor of University School of Law; Marcia L. McCor- Northeastern University School of Law; Eliz- Law, Texas Southern University, Thurgood mick, Visiting Assistant Professor, Chicago- abeth M. Schneider, Rose L. Hoffer, Pro- Marshall School of Law; Quintin Johnstone, Kent College of Law; Melinda Meador, Bass, fessor of Law, Brooklyn Law School; Ora Emeritus Professor of Law, Yale Law School; Berry, and Sims PLC, Knoxville, TN; Mi- Schub, Associate Clinical Professor, Children Paul W. Kahn, Robert W. Winner Professor of chael Meltsner, Visiting Professor of Law, and Family Justice Center, Northwestern Law and the Humanities, Yale Law School; Harvard Law School; Roy M. Mersky, Harry University School of Law; Ann Seidman, Ad- David Kairys, James E. Beasley Professor of M. Reasoner Regents Chair in Law and Di- junct Professor, Boston University School of Law, Beasley School of Law, Temple Univer- rector of Research, Jamail Center for Legal Law; Robert B. Seidman, Professor Emer- sity; Amy H. Kastely, Professor of Law, St. Research, Tarlton Law Library, University itus, Boston University School of Law; Jeff Mary’s University School of Law; Harriet N. of Texas School of Law; Frank I. Michelman, Selbin, Lecturer, School of Law (Boalt Hall), Katz, Clinical Professor, Rutgers School of Harvard University; Alice M. Miller, J.D., University of California at Berkeley; Law—Camden; Lewis R. Katz, John C. Assistant Professor of Clinical Public Elisabeth Semel, Acting Clinical Professor, Hutchins Professor of Law, Case Western Re- Health, Law and Policy Project, Columbia School of Law (Boalt Hall), University of serve University School of Law; Andrew H. University School of Public Health; Jona- California at Berkeley; Ann Shalleck, Pro- Kaufman, Esq.; Eileen Kaufmann, Professor than Miller, Professor of Law, Southwestern fessor of Law, American University, Wash- of Law, Tauro Law School; Conrad University School of Law; Joseph Scott Mil- ington College of Law; Julie Shapiro, Asso- Kellenberg, Professor of Law, University of ler, Visiting Assistant Professor of Law, ciate Professor of Law, Seattle University Notre Dame School of Law; Robert B. Kent, Northwestern University School of Law; El- School of Law; Richard K. Sherwin, Pro- Professor Emeritus, Cornell Law School; Jef- liot S. Milstein, Professor of Law, American fessor of Law, New York Law School; Seanna frey L. Kirchmeier, Associate Professor of University, Washington College of Law; Jo- Shiffrin, Professor of Law and Associate Pro- Law, City University of New York School of Anne Miner, Senior Lecturer, Cornell Law fessor of Philosophy, University of Cali- Law; Kimberly Kirkland, Professor of Law, School; Satish Moorthy, Coordinator, fornia-Los Angeles; Steven Shiffrin, Pro- Franklin Pierce Law Center; Thomas Human Rights Program, University of Chi- fessor of Law, Cornell University; James J. Klevan, Professor of Law, Thurgood Marshall cago; Margaret Montoya, University of New Silk, Executive Director, Orville H. Schell, School of Law; Alvin K. Klevorick, John Mexico School of Law, Co-President, Society Jr., Center for International Human Rights, Thomas Smith Professor Law, Yale Law of American Law Teachers; Frederick C. Yale Law School; Richard Singer, Distin- School; Harold Hongju Koh, Gerard C. and Moss, Associate Professor of Law, Southern guished Professor, Rutgers Law School— Bernice Latrobe Smith Professor of Inter- Methodist University School of Law; Eleanor Camden; Professor Ronald C. Slye, Seattle national Law, Yale Law School; Susan P. W. Myers,Temple University, Beasley Law University School of Law; Roy M. Sobelson, Koniak, Professor of Law, Boston University School; Molly O’Brien, Associate Professor Professor of Law, Georgia State University School of Law; Juliet P. Kostritsky, John of Law, University of Akron School of Law; College of Law; Norman W. Spaulding, Act- Homer Kapp Professor of Law, Case Western Paul O’Neil, Visiting Professor of Law, ing Professor of Law, School of Law (Boalt Reserve University School of Law; Harold J. CUNY School of Law; J.P. Ogilvy, Associate Hall), University of California at Berkeley; Krent, Interim Dean and Professor, Chicago- Professor of Law, Columbus School of Law, and Christina Spiesel, Senior Research Asso- Kent College of Law; Christopher Kutz, As- The Catholic University of America; Diane ciate, Yale Law School, Adjunct Professor of sistant Professor of Law, School of Law Orentlicher, American University, Wash- Law, Quinnipiac University School of Law, (Boalt Hall), University of California at ington College of Law; and Nancy K. Ota, and Professor Of Law, New York Law School. Berkeley; and Maury Landsman, Clinical Professor of Law, Albany Law School; Pro- Peter J. Spiro, Professor of Law, Hofstra Professor, University of Minnesota Law fessor Daniel G. Partan, Boston University University Law School; Joan Steinman, Dis- School. School of Law. tinguished Professor of Law, Chicago-Kent Frederick M. Lawrence, Law Alumni Teresa Gotwin Phelps, Professor of Law, College of Law; Barbara Stark, Professor of Scholar and Professor of Law, Boston Uni- University of Notre Dame School of Law; Law, University of Tennessee College of Law; versity School of Law; Robert P. Lawry, Pro- Sidney Picker, Jr., Professor of Law, Case Margaret Stewart, Professor of Law, Chi- fessor of Law and Director, Center for Pro- Western Reserve University Law School; cago-Kent School of Law; Katherine Stone, fessional Ethics, Case Western Reserve Uni- Sydelle Pittas, Esq., Pittas/Koenig, Win- Professor of Law, Cornell Law School; Victor versity School of Law; Sylvia R. Lazos, Asso- chester, MA; Zygmunt J.B. Plater, Professor J. Stone, Professor Emeritus of Law, Univer- ciate Professor, University of Missouri-Co- of Law, Boston College Law School; Nancy sity of Illinois at Urbana-Champaign; Robert lumbia School of Law; Terri LeClercq, Ph.D., D. Polikoff, Professor of Law, American Uni- N. Strassfeld, Professor of Law, Case West- Fellow, Norman Black Professorship in Eth- versity, Washington College of Law; Robert ern Reserve University School of Law; Peter ical Communication in Law, University of J. Quinn, Esq., Human Rights Program, Uni- L. Strauss, Betts Professor of Law, Columbia Texas School of Law; Brant T. Lee, Asso- versity of Chicago; Vernellia R. Randall, Law School; Beth Stephens, Associate Pro- ciate Professor of Law, University of Akron Professor of Law, University of Dayton; fessor of Law, Rutgers-Camden School of School of Law; Brian Leiterk Charles I. Frank S. Ravitch, Visiting Associate Pro- Law; Ellen Y. Suni, Professor of Law, Uni- Francis Professor, University of Texas fessor of Law, Syracuse University College of versity of Missouri-Kansas City School of School of Law; John Leubsdorf, Professor of Law; Anthony F. Renzo, Assistant Professor, Law; Michael Sweeney, Esq., Eleanor Swift, Law, Rutgers School of Law-Newark; San- Vermont Law School; Judith Resnik, Arthur Professor of Law, School of Law (Boalt Hall), ford Levinson, University of Texas School of Liman Professor of Law, Yale Law School; University of California at Berkeley; David Law; Cynthia Crawford Lichtenstein, Pro- Wilhelmina M. Reuben-Cooke, Professor of Taylor, Professor of Law, Northern Illinois fessor Emerita, Boston College School of Law, Syracuse University College of Law; College of Law; Kim Taylor-Thompson, Pro- Law, Visiting Professor, George Washington Annelise Riles, Professor of Law, North- fessor, New York University School of Law; University School of Law; Joseph Liu, As- western University School of Law; David W. Peter R. Teachout, Professor of Constitu- sistant Professor, Boston College Law Robertson, Professor of Law, University of tional Law, Vermont Law School; Harry F.

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.022 pfrm02 PsN: S14PT1 S13280 CONGRESSIONAL RECORD — SENATE December 14, 2001 Tepker, Calvert Chair of Law and Liberty (vi) That the accused may be represented II, Part II, Art. 6, No. 3; ICCPR, Part III, Art. and Professor of Law, University of Okla- by counsel—Sources: ICCPR, Part III, Art. 14, No. 5.; Geneva Convention 3, Art 106; Pro- homa; Beth Thornburg, Professor of Law, 14, No. 3(b) and (d); ICTY, Art. 21(4)(b) and (d) tocol I, Art. 75(4)(j) [to be informed if avail- Dedman School of Law, Southern Methodist implicit in Protocol II, Part II, Art. 6, No. able]; UDHR, Art. 14; ICTY, Art 25. University; Lance Tibbles, Professor of Law, 2(a); RCM 405(d)(2); RCM 405(f)(4); RCM 506. Mr. LUGAR. Mr. President, I want to Capital University Law School; Mark (vi) That the accused has the opportunity Tushnet, Georgetown University Law Cen- to respond to the evidence supporting con- take advantage of the presence of the ter; Kathleen Waits, Associate Professor, viction and present exculpatory evidence— distinguished Senator from Vermont University of Tulsa College of Law; Neil Sources: ICCPR, Part III, Art. 14, No. 3(e); and the present chairman of the Agri- Vidner, Duke University Law School; and Geneva Convention 3, Art. 105; RCM 405(f)(10) culture Committee, who are the sole Joan Vogel, Professor of Law, Vermont Law and (11). survivors of the agriculture debate School. (vii) That the accused has the opportunity today. This may be indicative of the Rhonda Wasserman, Professor of Law, Uni- to cross-examine adverse witnesses and to kind of stamina required for this work. versity of Pittsburgh School of Law; Mark offer witnesses—Sources: ICCPR, Part III, It would be my hope to proceed in Weber, Professor of Law, DePaul University Art. 14, No. 3(e); ICTY, Art. 21(4)(e); Geneva College of Law; Harry H. Wellington, Ster- Convention 3, Art. 105; Protocol I, Art. morning business to, in fact, give a ling Professor of Law Emeritus, Yale Law 75(4)(g); Universal Declaration of Human statement about national security. I School, Professor of Law, New York Law Rights, Art. 11; RCM 405(f)(8) and (9); RCM ask the Chair informally, because he School; Carwina Weng, Assistant Clinical 703(a); MRE 611(b). has had a very long week, and I had not Professor, Boston College Law School; (viii) That the proceeding and disposition anticipated that he would be assuming Jamison Wilcox, Quinnipiac School of Law; are expeditious—Sources: ICCPR, Part III, this responsibility—nor do I wish to Cynthia Williams, Associate Professor, Uni- Art. 14, No. 3(c); ICTY, Art. 20(1), Art. take advantage of that—if I may, I versity of Illinois College of Law and Vis- 21(4)(c); implicit in Protocol II, Part II, Art. iting Professor Fordham University Law 6, No. 2(a); Geneva Convention 3, Art 105; Ad- would like to proceed in morning busi- School; Verna Williams, Assistant Professor ditional Protocol 1 to the Geneva Conven- ness. of Law, University of Cincinnati College of tions, Art. 75(4)(g); UDHR, Art. 11; RCM The PRESIDING OFFICER (Mr. HAR- Law; Harvey Wingo, Professor Emeritus of 707(a) (calls for arraignment within 120 days). KIN). Without objection, it is so or- Law, Southern Methodist University; Ste- (ix) That reasonable rules of evidence, de- dered. phen L. Winter, Professor of Law, Brooklyn signed to ensure admission only of material f Law School; Zipporah B. Wiseman, Thomas with probative value, are used—Sources: H. Law Centennial Professor of Law, Univer- This is a suggestion made by Cass Sunstein NATIONAL SECURITY sity of Texas; Stephen Wizner, William O. in testimony before the Judiciary Cmte on Douglas Clinical Professor of Law, Yale Law 12/4/2001; it responds to section 4(c)(3) of the Mr. LUGAR. Mr. President, I found in School; Arthur D. Wolf, Professor of Law, President’s military order; see also Geneva the current issue of the National Jour- Western New England College School of Law; Convention 3, Art 103; Protocol I, Art. nal a very important article entitled Richard Wright, Professor of Law, Chicago- 75(4)(a); MRE 401–403 (NOTE: protections are ‘‘Nuclear Nightmares,’’ by James Kent College of Law; Larry Yackle, Boston nearly equal to safeguards in federal civilian Kitfield, who has written knowledge- University School of Law; Professor Ellen courts). ably in the past about matters of na- Yaroshefsky, Jacob Burns Ethics Center, (x) That before and after the trial, the ac- tional security, and particularly those Cardozo Law School, Yeshiva University; cused is afforded all necessary means of de- and Karen Kithan Yau, Robert M. Cover fense—Sources: Protocol II, Part II, Art. 6, involving nuclear energy and weapons Clinical Teaching Fellow, Yale Law School No. 2(a); ICCPR, Part III, Art. 14, No. 3(b). of mass destruction. and Member of the Connecticut, Massachu- (xi) That conviction is based only upon I want to place this article by James setts and New York State Bars. proof of individual responsibility for the of- Kitfield into the RECORD. I ask unani- fense—Sources: Protocol II, Part II, Art. 6, mous consent that it be printed in the PROCEDURAL SAFEGUARDS FOR MILITARY No. 2(b); ICTY, Art. 21(4)(b); Geneva Conven- RECORD. TRIBUNALS tion 3, Art. 105. There being no objection, the Article (xii) That conviction is not based upon (i) That the tribunal is independent and was ordered to be printed in the impartial—Sources: Protocol Additional to acts, offenses or omissions which were not the Geneva Conventions of 12 August 1949 offenses under the law at the time they were RECORD, as follows: (Protocol II) Part II, Art. 6, No. 2; Inter- committed—Sources: Protocol II, Part II, [From the National Journal, Dec. 14, 2001] national Covenant on Civil and Political Art. 6, No. 2(c); UDHR, Art. 11(2); ICTY, Art NUCLEAR NIGHTMARES Rights (ICCPR), Part III, Art. 14, No. 1; Uni- 7; Protocol I, Art. 75(4)(b). (By James Kitfield) versal Declaration of Human Rights (UDHR), (xiii) That the penalty for an offense is not Art. 10. greater than it was at the time that the of- The recent disclosure that documents (ii) That the particulars of the offense fense was committed—Sources: Protocol II, about nuclear bombs and radiological ‘‘dirty charged or alleged against the accused are Part II, Art. 6, No. 2(c); UDHR, Art. 11(2); bombs’’ had been found at captured Al Qaeda given without delay—Sources: Protocol II, ICTY, Art. 10; ICCPR, Art. 15; Protocol I, terrorist network facilities in Kabul, Af- Part II, Art. 6, No. 2(a); ICCPR, Part III, Art. Art. 75(4)(c). ghanistan, immediately triggered alarms 14, No. 3(a) and (c); Statute of the Inter- (xiv) That the accused is presumed inno- among the nuclear scientists who work atop national Criminal Tribunal for former Yugo- cent until proved guilty—Sources: Protocol the high desert mesas in this remote region slavia (ICTY), Art. 20(3), 21(4)(a); Additional II, Part II, Art. 6, No. 2(d); ICCPR, Part III, of New Mexico. For more than 50 years, nu- Protocol I to the Geneva Conventions (Pro- Art. 14, No. 2; Art. 15; UDHR, Art. 11(1); clear experts at Los Alamos and at nearby tocol I), Art. 75(4)(a); U.S. Rules of Courts- ICTY, Art. 21(3); Protocol I, Art. 75(4)(c). Sandia National Laboratories have studied Martial (RCM) 308; RCM 405(f)(1), (2), and (6); (xv) That the accused is not compelled to terrorist and criminal groups for any signs and RCM 602. confess guilt or testify against himself— that they were on the verge of cracking the (iii) That the proceedings be made intel- Sources: Protocol II, Part II, Art. 6, No. 2(f); nuclear code first broken here. Everything ligible by translation or interpretation— ICCPR, Part III, Art. 14, No. 3(g); ICTY, Art. they knew about Al Qaeda told them that Sources: ICCPR, Part III, Art. 14, No. 3(a) 21(4)(g); RCM 405(f)(7); MRE 301; Implicit in these terrorists might be drawing too close and (f); ICTY, Art. 21(4)(a) and (f); Geneva Geneva Convention 3, Art 99; Protocol I, Art. to a terrible discovery. Convention 3, Art. 105; Implicit in Protocol I, 75(4)(d). Indeed, ever since members of the Manhat- Art. 4(a). (xvi) That the trial is open and public, in- tan Project tested the first atomic bomb in (iv) That the evidence supporting the con- cluding public availability of the transcripts New Mexico in 1945, scientists at Los Alamos viction is given to the accused, with excep- of the trial and pronouncement of judgment, have been the pre-eminent keepers of the nu- tions only for demonstrable reasons of na- with exceptions only for demonstrable rea- clear flame. When the former Soviet Union tional security or public safety—Sources: sons of national security or public safety— created the secret nuclear city ‘‘Arzamas-16’’ ICCPR, Part III, Art. 14, No. 1; Geneva Con- Sources: ICCPR, Part III, Art. 14, No. 1; as the birthplace of its own atomic bomb, it vention 3, Art. 105; Protocol I, Art. 75(4)(g); ICTY,. Art. 20(4) and 21(2); Protocol I, Art. hewed closely to the Los Alamos blueprint. Universal Declaration of Human Rights, Art. 75(4)(f); RCM 806; RCM 922; RCM 1007. So much so, in fact, that Russian residents 11; ICTY 21(4)(e); RCM 308; RCM 405(f)(3) and (xvii) That a convicted person is informed later jokingly referred to their town as ‘‘Los (5); RCM 405(g)(1)(B); RCM 703(f); Military of remedies and appeals and the time limits Arzamas.’’ Rules of Evidence (MRE) 401. for the exercise thereof—Sources: Protocol Almost from the inception of the nuclear (v) That the accused has the opportunity II, Part II, Art. 6, No. 3; ICCPR, Part III, Art. age, no one understood better the apoca- to be present at trial—Sources: Protocol II, 14, No. 5; UDHR, Art. 10, 11; Protocol I, Art. lyptic threat of these weapons than the nu- Part II, Art. 6, No. 2(e); ICCPR, Part III, Art. 75(4)(i); RCM 1010. clear scientists who made them. J. Robert 14, No. 3(d); ICTY, Art. 21(4)(d); Implicit in (xviii) That a convicted person is informed Oppenheimer, the director of the Manhattan Geneva Convention 3, Art. 99; Protocol I, Art of remedies and appeals and the time limits Project and the father of the atomic bomb, 75(4)(e); RCM 804. for the exercise thereof—Sources: Protocol eventually feel out of favor with the U.S.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.028 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13281 military at least partly over his strident there, and some find themselves in desperate Gen. Aleksandr Lebed, a former Russian support for arms control and his opposition circumstances. That’s one more way the bar national security adviser, sparked the specu- to development of the much more powerful to a terrorist group acquiring a nuclear de- lation in 1997 when he told CBS’s 60 Minutes hydrogen bomb. The scientists at Los Ala- vice has dropped.’’ that the Russian military had lost track of mos developed and help train and man the Perhaps the greatest disruption to the more than 100 suitcase-sized nuclear weap- Energy Department’s secretive Nuclear equilibrium of the nuclear ‘‘balance of ter- ons, out of a total arsenal of some 250. The Emergency Search Teams that for 30 years ror’’ is the emergence of criminal and ter- Russian atomic energy commission denied have stood poised to respond to the threat of rorist organizations with a level of power the report—and even the existence of such nuclear terror or the smuggling of a nuclear and technological sophistication once associ- weapons—and Lebed later seemed to back weapon onto U.S. soil. ated only with nation-states. Should Al away from his own assertions. However, Most important, the scientists at the Los Qaeda or another one of these terrorist other Russian experts have confirmed the re- Alamos, Sandia, and Lawrence Livermore groups with global reach succeed in acquir- ality of such bombs. For instance, the Los national laboratories helped devise a U.S. ing nuclear weapons, experts say, it would Angeles Times recently quoted Russian nuclear doctrine designed to strictly limit turn on its head a nuclear doctrine that is START II negotiator Nikolai Sokov as say- the spread of nuclear weapons and tech- based on the deterrent value of mutually as- ing the suitcase bombs existed but specu- nology, and to render their use unthinkable sured destruction. Doomsday cults or reli- lating that they have been dismantled. Rus- through the dynamic tension of ‘‘mutually gious zealots bent on martyrdom may not sian scientist Alexei Yablokov, a former assured destruction.’’ And for the past dec- care much about traditional theories of de- member of the Russian National Security ade, they have watched with growing con- terrence. Council, told Congress that the suitcase cern as unpredictable world events have re- Roger Hagengruber, the senior vice presi- nukes were actually controlled by the KGB, peatedly tested the tolerances of that careful dent for national security at Sandia, has the former Soviet intelligence service, and calculation and narrowed its margins for spent much of his career contemplating the were thus outside the inventory-accounting threat of nuclear terror. ‘‘For 50 years, the error. system of the Russian military. United States has closely watched various Yossef Bodansky, the director of the U.S. WEAKENED SECURITY terrorist organizations for telltale indica- The breakup of the former Soviet Union, Congressional Task Force on Terrorism and tions that they might become a nuclear Unconventional Warfare, heightened con- followed by the fundamental restructuring of threat,’’ he told National Journal. Possible cerns over the Russian suitcase bombs. Cit- a Russian society that accounted for the warning signs include evidence of state spon- ing unnamed intelligence sources in his 2000 world’s largest stockpile of both nuclear sorship, a display of rapidly increasing tech- book, Bin Laden: The Man Who Declared War weapons and the fissile material necessary to nological sophistication, or persistent at- on America, Bodansky claimed: ‘‘Although make them, created a gaping hole of vulner- tempts to acquire materials or expertise as- there is debate over the precise quantities of ability in terms of nuclear proliferation. U.S. sociated with nuclear weapons. experts concede that hole remains open to ‘‘The reason we’ve been so concerned about weapons purchased, there is no longer much this day. Al Qaeda for some time is because all the doubt that bin Laden has finally succeeded ‘‘We’ve been worried about Russia for 10 warning indicators are positive,’’ in his quest for nuclear suitcase bombs. Bin years, because initially the Russians insisted Hagengruber said, citing bin Laden’s state- Laden’s emissaries paid the Chechens $30 they didn’t need any help securing their ments that acquiring nuclear and other million in cash, and gave them two tons of weapons and nuclear material, which was a weapons of mass destruction was a ‘‘religious Afghan heroin worth about $70 million’’ for ludicrous assertion,’’ Siegfried Hecker, a duty’’ for Muslims, and intelligence reports the bombs. Bodansky’s book seemed to lend senior fellow and former longtime director of of persistent attempts by Al Qaeda credence to bin Laden’s assertion in a recent Los Alamos National Laboratory, told Na- operatives to acquire nuclear fissile mate- interview that Al Qaeda possessed nuclear tional Journal. ‘‘The Russians simply failed rial. ‘’You have a large, seemingly well-fund- weapons as a ‘‘deterrent.’’ to take into account how dramatically their ed terrorist organization that has persisted Nuclear experts at Sandia and Los Alamos country had changed with the breakup of the over a long period of time. They have oper- confirm that both the Soviet Union and the Soviet Union. With the evolution toward an ated with either direct or indirect state sup- United States developed portable nuclear open society, the old Soviet security system port in a region of the world where the secu- weapons. The U.S. weapon is the MK–54 based on guns, guards, and gulags was simply rity infrastructure guarding nuclear mate- Small Atomic Demolition Munition. Given not good enough anymore. So we’ve spent a rials is under significant stress. And they the stringent security systems that nuclear lot of time educating the Russians about the have an unprecedented degree of enmity to- states create to guard such weapons, how- gaps in their own security system, and I still ward the United States. I still think it’s rel- ever, the scientists consider the threat of don’t think the Russian leadership fully ap- atively unlikely that bin Laden actually ac- loose mini-nukes as the least likely of all preciates just how real the continued quired a crude nuclear weapon, or even sig- nuclear terror threats. ‘‘Every state that has ever created a nu- vulnerabilities are in the Russian nuclear nificant amounts of weapons-grade fissile clear arsenal has come to a sobering realiza- complex.’’ material, but that is not a set of cir- On top of Russian instability has come the cumstances that engenders either confidence tion of what it possesses, and has established rise of Islamic fundamentalism particularly or complacency. The consequences of being extraordinary levels of security to protect the Taliban regime in Afghanistan, which wrong or not paying the requisite attention those weapons,’’ said Hagengruber of Sandia. has—or had, until recent weeks—strong are just too catastrophic.’’ ‘‘So while we can never dismiss the possibility of a stolen Russian nuclear weapon, links with the government of Pakistan, an SUITCASE BOMBS that would be extremely difficult to accom- emerging nuclear power. Pakistan’s deten- Even a brief visit to the National Atomic plish, and the Russian president would al- tion of two of its nuclear scientists for sus- Museum at the Sandia National Laboratories most certainly know about such a theft im- pected connections to Osama bin Laden and in Albuquerque, N.M., reveals the degree to mediately.’’ his Al Qaeda network, and recent news re- which the nuclear flame threatened to be- Immele of Los Alamos concurs. ‘‘There is ports suggesting previously undisclosed con- come a wildfire during the arms race of the no question that both the United States and tacts between other Pakistani nuclear weap- 1950s and ‘60s. On display are full-scale mod- the Russians developed suitcase-sized atomic ons experts and Al Qaeda, underscore the dif- els of both of the original nuclear bombs demolition munitions,’’ he said. ‘‘We studied ficulty such societies have in safeguarding dropped on Hiroshima and Nagasaki, ‘‘Little Lebed’s comments very closely and com- their nuclear secrets in times of extreme tur- Boy’’ and ‘‘Fat Man,’’ and a mockup of a pared them to our extensive knowledge moil. Titan II intercontinental ballistic missile about what the Russian military has done to John Immele, a deputy director of Los Ala- with multiple thermonuclear warheads, ar- account for its nuclear weapons, however, mos, said: ‘‘The biggest security threat in guably the most fearsome weapon ever de- and we have no intelligence leading us to be- terms of nuclear weapons or expertise falling vised. In between sit replicas of virtually lieve that those weapons have escaped Rus- into the wrong hands has always been the every nuclear weapon designed at Los Ala- sian control. What you find is that even a ‘‘inside job,’’ because it short-circuits so mos and fielded by the U.S. military: nuclear country with 25,000 nuclear weapons and a many of the traditional barriers to nuclear air-to-air missiles, atomic mines, atomic less-than-state-of-the-art accounting system proliferation. From that standpoint, the depth charges and torpedoes, nuclear artil- will keep a very close accounting and jeal- threat to the Pakistani government from Is- lery shells—even the equivalent of an atomic ously guard control of its actual nuclear lamic fundamentalists, and the close ties be- bazooka to put atom-splitting destructive- weapons.’’ However, he cautioned, ‘‘nuclear tween fundamentalists inside the govern- ness into the hands of the U.S. infantry. ment and Pakistan’s nuclear weapons pro- Implied by this exhibit of nuclear inven- materials and expertise are much harder to gram, are obviously causes for concern. If a tiveness run amok, but not on display at the account for and keep track of, which is why terrorist group were to get its hands on nu- museum, are perhaps the least-talked-about so much of our concerns about Russia are fo- clear fissile material,’’ he said, ‘‘the main of all nuclear weapons—portable atomic cused on its nuclear fissile material and sci- impediment to making a bomb would be to demolition charges, or nuclear ‘‘suitcase entists.’’ find an expert to assemble it. As cases con- bombs.’’ Speculation has been heated, al- DOOMSDAY INGREDIENTS cerning Pakistani and some Russian nuclear though unsubstantiated, that Al Qaeda may Most analysts cite as a success story the scientists in the past have shown, there are have acquired such weapons from the former joint U.S.-Russian programs designed to rid an increasing number of nuclear experts out Soviet arsenal. the former Soviet states of their nuclear

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.032 pfrm02 PsN: S14PT1 S13282 CONGRESSIONAL RECORD — SENATE December 14, 2001 weapons, and to help Russia secure and dis- ons—stored at 95 separate sites. Because it cials in the late 1990s. Finally, because of a mantle its own weapons. The United States takes only about 17.5 pounds of plutonium or financial collapse in 1998, many Russian nu- has spent roughly $4 billion on the Nunn- 55 pounds of enriched uranium to make a nuclear scientists and technicians were not Lugar Cooperative Threat Reduction pro- clear bomb, securing that vast trove of paid for months at a time, raising fears that gram (named for legislative co-sponsors fissile material became one of the United they would peddle their expertise on the former Sens. Sam Nunn, D–Ga., and Richard States’ top nonproliferation priorities of the world market. The Japanese doomsday cult Lugar, R–Ind.). To date, the Nunn-Lugar pro- 1990s. Aum Shinrikyo, for instance, was known to gram has deactivated 5,700 nuclear warheads, The lax security systems at some of those have actively recruited Russian nuclear de- destroyed 434 ICBMs and 483 air-to-surface Russian sites have become legendary within sign specialists, and even student physicists missiles, and eliminated hundreds of Russian the weapons-lab community. Security ex- from Moscow State University, in an at- bombers, submarines, and missile launchers. perts talk about perimeter fences with gap- tempt to acquire nuclear weapons. However, attempts to consolidate and safe- ing holes; fissile material stored in un- ‘‘After making enormous progress in the guard the much larger Russian stockpile of guarded boxes in hallways of poorly guarded first three to four years, our cooperative pro- nuclear fissile material—the essential ingre- facilities; and facilities without air condi- grams with the Russians basically ground to dient of these doomsday weapons—have had tioning, where windows without bars were a halt, and I don’t think many officials in a more checkered record. Indeed, the first in- routinely kept open to ease the summer the Bush Administration still understand just how broken this process now is,’’ said dication that Russia might be leaking lethal heat. According to experts at Los Alamos, Hecker, the former director of Los Alamos. nuclear material from its increasingly de- managers of Russian nuclear reactors also ‘‘Partly because the U.S. government lost its crepit inventory came as early as 1992, when routinely set aside extra stashes of pluto- way and switched from an approach of co- a Russian was caught attempting to steal 1.5 nium and uranium ‘‘off the books’’ to make kilograms of highly enriched uranium from a operation to one that dictated an unneces- up for potential shortfalls in their produc- sarily intrusive level of access into sensitive facility in Podolsk. Other incidents soon fol- tion quotas at the end of each accounting pe- lowed. In March 1993, authorities in St. Pe- Russian facilities, we’ve lost the spirit of riod. partnership necessary to make these pro- tersburg seized 6.6 pounds of weapons-grade U.S. experts thus focused in the early uranium from smugglers. In August 1994, po- grams work. Couple that with the fact that years of the Lab-to-Lab program on rudi- the Clinton Administration never really had lice in Munich, Germany, seized 360 grams of mentary fixes such as consolidating fissile a strategic vision or overarching strategy for plutonium and 5 pounds of uranium, part of material at fewer sites, and protecting it dealing with the Russian nuclear complex a shipment apparently stolen from a nuclear with radiation detectors, closed-circuit tele- and setting priorities among all these var- research center in Obninsk, Russia. In one of vision camera systems, electronic sensors on ious programs, and you have a process that the most worrisome incidents, an anony- perimeter fences, and computerized account- has essentially ground to a standstill in mous tip enabled the Czech police to seize 2.7 ing systems. Even some of these relatively many respects. And until we can restore a kilograms of highly enriched uranium in De- simple fixes went awry. U.S. experts discov- common sense of purpose between us and the cember 1994. ered, for instance, that the batteries in some Russians, no amount of money will fix the Because nuclear experts consider the dif- of their security systems failed in the harsh Russian nuclear security problems.’’ ficulty of acquiring weapons-grade fissile Siberian winters. Levels of radiation dust Meanwhile, indications of serious Russian material as the single greatest impediment and radiation contamination on workers security lapses continue. Russian officials in to a group or nation that wants to build nu- that were considered routine at some Rus- 1998 broke up a conspiracy by employees of a clear weapons, these seizures sounded a loud sian facilities often set off U.S. radiation de- major nuclear facility in the Chelyabinsk re- wake-up call. The theft of significant tectors. gion of the Ural Mountains to steal 18.5 kilo- amounts of uranium is particularly fright- Today, U.S. experts at Los Alamos esti- grams of weapons-usable material. The Cen- ening because uranium can be used as the mate that roughly 570 tons of Russia’s total ter for Nonproliferation Studies at the Mon- key ingredient in relatively rudimentary nu- 850 tons of weapons-usable material are more terey Institute of International Studies has clear devices that experts consider most secure as a result of the security upgrades. documented 11 cases involving diversion and within the technological grasp of fledgling They concede, however, that more than 200 recovery of Russian weapons-grade material nuclear states or terrorist groups. tons of fissile material remain largely unse- between 1992 and 1997. The International The Energy Department’s efforts, under its cured. A May 2000 report by the General Ac- Atomic Energy Agency further documents ‘‘Lab-to-Lab’’ initiative, to protect Russia’s counting Office, Congress’s investigative six seizures of weapons-grade material stockpile of fissile material have encoun- arm, found that U.S. officials have yet to linked to states of the former Soviet Union tered severe obstacles. One is the continuing gain access to 104 of 252 nuclear sites ‘‘re- between 1999 and 2001. Four Russian sailors Russian reluctance to open its secret nuclear quiring improved security systems.’’ were arrested at a base on the Kamchatka cities and research facilities to prying West- ‘‘There is still a lot of room for improve- Peninsula in January 2000, with radioactive ern eyes. The second has been the unwilling- ment in securing Russia’s fissile materials,’’ materials that they were suspected of steal- ness of both Russian and American authori- according to Larry Walker, the manager of ing from a Russian nuclear submarine. Ac- ties to acknowledge the vast scope of the Cooperative International Programs at cording to a New York Times report, Turkey problem of securing the enormous Russian Sandia. ‘‘What you find is, the closer you get recently revealed that its undercover police stockpile of fissile material. to Russia’s actual nuclear weapons, the more had broken up a smuggling ring holding 2.2 ‘‘I think it’s fair to say that the Russians secretive and less willing to give access the pounds of what appeared to be enriched ura- themselves didn’t have a complete handle on Russians become. Access remains an issue, nium, brought from a Russian of Azeri ori- the quantities and scattered locations that because it’s difficult to improve security un- gin. The head of the Russian agency respon- made up their fissile-material stockpile,’’ less you can actually see a storage site and sible for nuclear security recently told re- said Kent Biringer, who works on coopera- witness how things are stored and handled.’’ porters that, on two occasions last year, ter- tive international programs at Sandia. ‘‘As rorists had staked out Russian nuclear facili- STALLED PROGRESS we started out on these programs, we didn’t ties. Earlier this month, on December 6, Rus- have a solid baseline from which to work After making significant headway in the sian police arrested members of a criminal that told us what we were trying to get our early years, the U.S.-Russian cooperative gang who were trying to sell uranium for arms around.’’ programs to secure Moscow’s fissile-material $30,000. When the true size of the Russian stockpile stockpile got stock in 1998 and have not yet Reports coming in a steady drumbeat from eventually came into clearer focus, U.S. offi- recovered. The reasons for the lagging U.S. commissions and blue-ribbon panels cials realized they had greatly underesti- progress are varied, experts say. As the ma- have warned that the inadequate security of mated the challenge. Richard Wallace, the terials protection program grew in cost from the fissile-material stockpile of the former program manager for material protection, a few million dollars to more than $100 mil- Soviet union remains a glaring weakness in control, and accounting in the Russian Non- lion annually, Congress and Administration the global system designed to prevent a nu- proliferation Program at Los Alamos, said: officials began demanding a higher level of clear catastrophe. A 1997 Defense Science ‘‘What we found was that Russia had pro- access to Russian nuclear facilities, and the Board Study noted: ‘‘Defense planners are in- duced roughly 10 times more nuclear fissile Russians balked. A bureaucracy that had creasingly concerned about possible state material during the Cold War than the been thrown into disarray by the dissolution and non-state use of radiological dispersal United States, and they had it scattered at of the Soviet Union in the early 1990s also devices [dirty bombs] against U.S. forces and many more sites. They also had 10 secret nu- began to reassert itself, throwing up red-tape population centers abroad and at home, as clear cities,’’ Wallace said, ‘‘and each one barriers to greater Western access. And the technological barriers have fallen and radio- dwarfed one of our comparable nuclear weap- Russians angered the United States by in- logical materials have become more plenti- ons laboratories. The Russians also had to go sisting on exporting a civilian nuclear reac- ful.’’ A 1999 congressional commission through a major cultural change in how they tor to Iran. The State Department lists Iran chaired by former CIA Director John Deutch thought about security at their stockpile as the most active state sponsor of terrorist and Sen. ARLEN SPECTER, R–Pa., warned that sites.’’ groups in the world. power outages, inadequate inventory con- Eventually, U.S. experts were able to esti- Political tensions over the bombing of Ser- trol, and unpaid Russian guards and techni- mate that Russia had a total of 850 metric bia, NATO expansion, and a U.S. national cians had all increased the threat of an ‘‘in- tons of weapons-usable missile material— missile defense system also soured relations sider’’ diversion of Russian nuclear fissile enough for more than 70,000 nuclear weap- between senior American and Russian offi- material.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.034 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13283 Perhaps the starkest warning was issued The most unambiguous testimony to date in those doubts is Iraqi defector Khidhir earlier this year by an Energy Department on Al Qaeda’s methodical, well-financed Hamza who headed Saddam Hussein’s secret advisory group headed by former Sen. How- campaign to acquire nuclear bomb-making nuclear bomb program through the mid-1990s ard Baker, R–Tenn., and former White House material came from Ahmed Al-Fadl, an Al and co-authored the book, Saddam’s counsel Lloyd Cutler. ‘‘The most urgent Qaeda operative who turned state’s witness Bombmaker. Despite obvious weaknesses in unmet national security threat to the United in the trial earlier this year of men accused global nuclear nonproliferation defenses, States today is the danger that weapons of of bombing two U.S. embassies in East Afri- Hamza insists that the difficulties inherent mass destruction or weapons-usable material ca in 1998. Al-Fadl claimed he was the mid- in constructing a nuclear weapon remain in Russia could be stolen or sold to terrorists dleman in a mid-1990s deal between Al Qaeda daunting. or hostile nation-states,’’ the Baker-Cutler and Sudanese officials for the purchase of ‘‘We in Iraq were in the market for nuclear study concluded. The group recommended $1.5 million worth of highly enriched ura- materials, and not a week passed without us that the United States spend $30 billion over nium, apparently diverted from South Afri- getting an offer from somebody to sell us the next eight to 10 years on a crash program ca’s former nuclear program. Though Al- such materials,’’ he told CNBC’s Geraldo Ri- to finally secure Russia’s weapons of mass Fadl was not present for the final exchange, vera on October 26. ‘‘People came to Baghdad destruction and its stockpile of fissile mate- his testimony convinced U.S. prosecutors with bags of samples, and left with bags of rial. that ‘‘at least since 1993, bid Laden and oth- money, and we never got any serious nuclear Ominously, the steady stream of warnings ers made efforts to obtain components of nu- materials. Despite what people say, the [pro- in recent years resembles similar unheeded clear weapons.’’ tections of such materials] are not that alarms raised before September 11 about the Recent years have yielded a steady stream loose, and this radioactive material is very possibility of a catastrophic terrorist attack. of news reports and intelligence leaks about difficult to transport.’’ As for actually con- Nonproliferation advocates were thus dis- Al Qaeda’s attempts to acquire fissile mate- structing a nuclear bomb, ‘‘that’s not that mayed that the Bush Administration’s fiscal rial. In 1998, for instance, bid Laden aide easy either,’’ Hamza said. ‘‘Iraq is a country 2002 budget proposed cutting the Pentagon’s Mamdouh Mahmud Salim was arrested in with thousands of nuclear workers, and we Nunn-Lugar programs by 9 percent (from Munich and charged with acting on behalf of still couldn’t get a bomb ready in time for $443.4 million in fiscal 2001 to $403 million), Al Qaeda to acquire nuclear materials. As the Gulf War’’ and the Energy Department’s nonprolifera- The Christian Science Monitor recently re- U.S. experts are much less skeptical that tion programs by 11.5 percent (from $872.4 ported, a Bulgarian businessman claimed to Al Qaeda or another terrorist organization million in fiscal 2001 to about $773.7 million). have met bin Laden himself last year to talk could build a dirty bomb by packing a con- Congress has since moved to restore some of over a complex deal to transship nuclear ma- ventional explosive with fissile material that the proposed funding cuts, however. And in a terials across Bulgaria to Afghanistan. would kill and injure, mainly through radio- December 11 speech at the Citadel, Bush Pakistan, meanwhile, continues to detain active dispersal and contamination. On the promised expanded efforts and increased Sultan Bashiruddin Mahmood and a second spectrum of nuclear threats, experts consider funding for securing Russian fissile material nuclear scientist considered key to Paki- this a ‘‘high-likelihood, low-lethality’’ sce- and for finding peaceful employment for stan’s nuclear program. Mahmood has re- nario. Russian nuclear scientists. portedly acknowledged meeting bin Laden Bruce Blair, an arms control expert and In an attempt to jump-start the stalled and Taliban leader Mohammed Omar during former nuclear missileer who is now the threat-reduction programs, Senate Foreign at least three visits to Afghanistan last year, president of the Center for Defense Informa- Relations Chairman JOSEPH R. BIDEN Jr., D– and he is said to have talked at length about tion in Washington, said: ‘‘There’s almost no Del., and LUGAR recently introduced the developing nuclear and biological weapons. credible evidence that Al Qaeda acquired a Debt Reduction for Non-Proliferation Act, According to the New York Times, CIA Di- portable nuclear device that could actually which would forgive Russia’s debt of $3.7 bil- rector George J. Tenet, during his recent split the atom, but I think it’s very plausible lion to the United States in exchange for its trip to Pakistan, raised U.S. concerns about that bin Laden acquired fissile material that cooperation with U.S. efforts to secure and additional contacts between Pakistani nu- could be wrapped around dynamite and exploded in an urban center like Lower Man- monitor Russian weapons of mass destruc- clear weapons experts and Al Qaeda. tion and fissile material. If the Al Qaeda network has successfully hattan to cause panic and terror, and require ‘‘Time after time, the United States has acquired enough weapons-grade uranium, the evacuation of large portions of the city put together groups of objective, bipartisan U.S. experts say the group’s last major chal- for a considerable period of time.’’ According to Blair, the Defense Depart- policy experts to study this problem, and lenge in eventually constructing a workable ment ran an analysis of just such a worst- each time, they have concluded that this is nuclear bomb would be to entice a trained case scenario involving a dirty bomb made an urgent national security issue—and every nuclear scientist to spearhead the project. time, their reports are ignored,’’ said Joseph with 50 kilograms of nuclear power plant ‘‘The history of nuclear programs suggest Cirincione, the director of the Non-Prolifera- spent fuel packed around 100 pounds of con- that they depend on only a few key, knowl- tion Project at the Carnegie Endowment for ventional explosives. ‘‘The calculation was edgeable scientists, with sufficient time and International Peace in Washington. Part of that lethal doses of radiation would be dis- bankrolling, to bring a program to fruition,’’ the problem, he says, is that such programs persed over roughly a half-mile area, leading said Biringer of Sandia. ‘‘That’s why we have have no natural domestic constituency in to hundreds, if not thousands, of casualties,’’ focused a lot of effort on trying to retrain Russia, and in the United States they smack Blair said. ‘‘There is also considerable data Russian scientists in other disciplines so of unpopular foreign aid. And because coop- on what would be involved in cleaning up they will not attempt to sell their services erative threat-reduction programs do not after such a terrorist attack, and that dates on the open market.’’ back to 1966, when an Air Force plane car- command the same priority within the Ad- U.S. experts say that Russian nuclear sci- rying nuclear weapons crashed in Spain.’’ ministration as missile defense, they can entists are generally much better off today easily get shoved off the summit-level agen- Indeed, a display at Sandia’s National than in 1998, when they went unpaid for up to Atomic Museum depicts the collision of a B– da. eight months because of a financial crisis ‘‘Another problem is, this seems like a dis- 52 and a KC–135 tanker during midair refuel- and the collapse of the ruble. Nevertheless, tant threat because nothing terrible has hap- ing over Palomares, Spain, on January 17, they worry that Energy’s ‘‘Nuclear Cities pened yet,’’ Cirincione said. ‘‘The general 1966. Photos document how three thermo- Initiative,’’ designed to retrain Russian sci- feeling among experts, however, is that nuclear weapons that burst open in the crash entists and shrink the Russian nuclear com- we’ve been lucky so far. There is absolutely contaminated a 285-acre area with highly en- plex, has suffered from erratic funding and no doubt that there are bad people out there riched plutonium, which has a half-life of tepid congressional support. 24,000 years. More than 4,000 Air Force per- trying very hard to get their hands on Rus- ‘‘Virtually all Russian scientists we have sian weapons of mass destruction and nu- sonnel were drafted into the cleanup effort, dealt with are enormously loyal and patri- which required plowing hundreds of acres clear materials, and if we don’t secure the otic, and most of them would like to stay source, sooner or later they will succeed. and removing 4,810 barrels of plutonium-con- where they are and continue to conduct taminated earth to a storage site in South After September 11, the once-inconceivable meaningful work and research,’’ is now all too easily imagined.’’ Carolina. In 2001 dollars, the cleanup oper- Hagengruber said. ‘‘So we are not worried ation cost $230 million. AN UNSEEN HAND about Russian hemorrhaging nuclear sci- In a post-September 11 world, a Palomares- A decade’s worth of seizures and the break- entists. These scientists remain one of our type incident occupies the ‘‘high-likelihood, up of numerous smuggling rings in Russia major concerns, however—because unfortu- low-lethality’’ end of the spectrum of threats and Europe clearly point to a lucrative black nately, all it takes is enough fissile material to U.S. national security. Such a classifica- market in nuclear fissile materials. No one and one or two good scientists to create a tion is a testament to the almost unthink- knows with any certainty whether terrorists real problem. Even a 99 percent solution is able menace posed by nuclear-armed terror- have successfully smuggled any of that ma- not really good enough.’’ ists. terial through the porous southern Russian Experts at Los Alamos and Sandia doubt Mr. LUGAR. I wish to quote liberally border into Central Asia or nearby Afghani- that Al Qaeda has had the requisite time, stan. Few intelligence experts doubt, how- weapons-grade fissile material, and nuclear from what I think are remarkable sum- ever, that one of the unseen hands creating expertise to actually construct a crude nu- maries of some very tough decisions the demand for fissile material was that of clear weapon, though they would not rule that we will need to make. The author Osama bin Laden. the possibility out. One expert who concurs begins:

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.036 pfrm02 PsN: S14PT1 S13284 CONGRESSIONAL RECORD — SENATE December 14, 2001 The recent disclosure that documents ticularly the Taliban regime in Afghanistan, with the security apparatus, which has about nuclear bombs and radiological ‘‘dirty which has—or had, until recent weeks— become a part of our experience and, to bombs’’ had been found at captured Al Qaeda strong links with the government of Paki- a great extent, the Russian experience. terrorist network facilities in Kabul, Af- stan, an emerging nuclear power. Pakistan’s And finally, we encourage, whenever ghanistan, immediately triggered alarms detention of two of its nuclear scientists for among the nuclear scientists who work atop suspected connections to Osama bin Laden possible, and maybe even help finance, the high desert mesas in this remote region and his Al Qaeda network, and most recent the destruction of this material or of New Mexico. For more than 50 years, nu- news reports suggesting previously undis- those weapons. clear experts at Los Alamos and at nearby closed contacts between other Pakistani nu- The opening up of those societies Sandia National Laboratories have studied clear weapons experts and Al Qaeda, under- may not be easy. So as people talk terrorist and criminal groups for any signs score the difficulty such societies have in about the next step, the next step is es- that they were on the verge of cracking the safeguarding their nuclear secrets in time of sentially attempting to define who will nuclear code first broken here. Everything extreme turmoil. cooperate. I have no way of knowing they knew about Al Qaeda told them that John Immele, a deputy director of Los Ala- these terrorists might be drawing too close mos, said: ‘‘The biggest security threat in whether our new friendship with India to a terrible discovery. terms of nuclear weapons or expertise falling and Pakistan will lead us to believe Indeed, ever since members of the Manhat- into the wrong hands has always been the they might be more cooperative than tan Project tested the first atomic bomb in ‘inside job,’ because it short-circuits so they would have been prior to Sep- New Mexico in 1945, scientists at Los Alamos many of the traditional barriers to nuclear tember 11, but that is possible. have been the pre-eminent keepers of the nu- proliferation. From that standpoint, the The stories about Pakistan’s own clear flame. When the former Soviet Union threat to the Pakistani government from Is- striving to bring about security, its created the secret nuclear city ‘‘Arzamas-16’’ lamic fundamentalists, and the close ties be- placement, as press reports give it, in as the birthplace of its own atomic bomb, it tween fundamentalists inside the govern- hewed closely to the Los Alamos blueprint. ment and Pakistan’s nuclear program, are six different locations, even a very far So much so, in fact, that Russian residents obviously causes for concern. If a terrorist stretch of the imagination that the later jokingly referred to their town as ‘‘Los group were to get its hands on nuclear fissile Chinese might be entrusted as trustees Arzamas.’’ material,’’ he said, ‘‘the main impediment to for it to get it out of harm’s way in the Almost from the inception of the nuclear making a bomb would be to find an expert to event Pakistan was in harm’s way, in- age, no one understood better the apoca- assemble it. As cases concerning Pakistani lyptic threat of these weapons than the nu- dicates how serious this is. and some Russian nuclear scientists in the The question comes: What about sit- clear scientists who made them. past have shown, there are an increasing J. Robert Oppenheimer, the director of the uations in which there may be less co- number of nuclear experts out there, and Manhattan Project and the father of the operation? We do not know for certain some find themselves in desperate cir- atomic bomb, eventually fell out of favor cumstances.... what Libya has or if the Syrians are in- with the U.S. military at least partly over Perhaps the greatest disruption to the volved. We have strong beliefs that his strident support for arms control and his equilibrium of the nuclear ‘‘balance of ter- Iran and Iraq have been very active. opposition to development of the much more ror’’ is the emergence of criminal and ter- powerful hydrogen bomb. The scientists at And what if there is not cooperation rorist organizations with a level of power Los Alamos developed and help train and with the international community, ei- and technological sophistication once associ- man the Energy Department’s secretive Nu- ther the United Nations inspections ated only with nation-states. clear Emergency Search Teams that for 30 teams or anybody else’s inspections years have stood poised to respond to the Quoting again from James Kitfield: teams? threat of nuclear terror or the smuggling of Should Al Qaeda or another one of these This is why the war against ter- a nuclear weapon onto U.S. soil. terrorist groups with global reach succeed in rorism is likely to have some life to it Most important, the scientists at the Los acquiring nuclear weapons, experts say, it beyond Afghanistan because there Alamos, Sandia, and Lawrence Livermore would turn on its head a nuclear doctrine national laboratories helped devise a U.S. that is based on the deterrent value of mutu- clearly is, in my judgment, a need to nuclear doctrine designed to strictly limit ally assured destruction. Doomsday cults or make certain this intersection does not the spread of nuclear weapons and tech- religion zealots bent on martyrdom may not occur. It is easy enough to read the nology, and to render their use unthinkable care much for traditional theories of deter- paragraph I have just read, but clearly through the dynamic tension of ‘‘mutually rence. I think it has come into the purview of assured destruction.’’ And for the past dec- Mr. President, in a piece in the Wash- our policymakers that mutually as- ade, they watched with growing concern as ington Post published from my sured destruction may or may not have unpredictable world events have repeatedly been the guiding post between the tested the tolerances of that careful calcula- writings last week, I tried to say the tion and narrowed its margins for error. bottom line I thought in this war was United States and Russia. It appar- The breakup of the former Soviet Union, the search for al-Qaida and then nu- ently is not going to be the way we will followed by the fundamental restructuring of clear cells wherever they may be in proceed in the future, and the Presi- a Russian society that accounted for the many countries where such have been dent and others have said we are on a world’s largest stockpile of both nuclear identified. That is critical and that different course of cooperation. But it weapons and the fissile material necessary to continues even as we speak with impor- did serve as a deterrent for a long time make them, created a gaping hole of vulner- as thousands of nuclear warheads were ability in terms of nuclear proliferation. U.S. tant American forces and a broad coali- experts concede that that hole remains open tion. aimed at us, and we had thousands to this day. The second path is equally, if not aimed at the Russians. ‘‘We’ve been worried about Russia for 10 more, crucially important, and that is Now the problem is, as we take a years, because initially the Russians insisted as weapons of mass destruction or ma- look at the aircraft going into the they didn’t need any help securing their terials that might produce weapons of World Trade Center and into the Pen- weapons and nuclear material, which was a mass destruction are identified in var- tagon, mutually assured destruction ludicrous assertion,’’ said Siegfried Hecker, ious countries, U.S. policy, and hope- does not seem to pertain to that kind a senior fellow and former longtime director of arrangement. Suicidal missions do of Los Alamos National Laboratory.... fully the alliance policy, must be, first, to gain accountability and trans- not take into consideration mutually Mr. Hecker continues: parency as to what there is, and, sec- assured destruction, in part because ‘‘The Russians simply failed to take into ondly, to work with each of those coun- those who committed suicide destroyed account how dramatically their country had changed with the breakup of the Soviet tries to make sure that material is se- themselves. Union. With the evolution toward an open cure, not an invasion of a sovereignty, There are no assets back in a home society, the old Soviet security system based and I mentioned Pakistan and India in country of governmental buildings, on guns, guards, and gulags was simply not my article in particular because these headquarters, utilities. What is there good enough anymore. So we’ve spent a lot are very vital cases in the area we are to destroy? What is the downside? This, of time educating the Russians about the now talking about, Afghanistan. of course, is the problem, that those gaps in their own security system, and I still We offer, I hope, some assistance to with the suicidal tendency who have don’t think the Russian leadership fully ap- make certain, first of all, those Gov- their hands on the materials, the weap- preciates just how real the continued ernments know what they have; that it ons, for whatever reasons—religiously vulnerabilities are in the Russian nuclear complex.’’ is secure; that if they do not have the based, zealotry—decide to create havoc On top of this Russian instability has come money, the United States and others in the world and could do so in a mon- the rise now of Islamic fundamentalism, par- may work with them, and likewise strous way.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.038 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13285 I continue with a bit more of Mr. when the legislation was passed. For 10 At this point, many in the audience Kitfield’s analysis. It appears to me years, we have been at work, these two backed away from the table. This hear- when he says the consequences of being countries, Russia and the United ing was turning into somewhat more of wrong or not paying attention to these States. Yet even at this point, extraor- an interesting situation than some matters is catastrophic—we have been dinary amounts of material remain asked for. He made the point this was down the trail in various ways. Take a perhaps less secure than they ought to probably equivalent in size to 16 look at suitcase bombs. General Lebed be, and unavailable, at least for our in- pounds of highly enriched uranium. of Russia came over and suggested that spection even in this cooperative pro- The article states some scientists say it may or may not confirm his point of gram. you need 55 pounds of highly enriched view. But never the less, the Los Ala- Finally, the problems with the sci- uranium in order to have a nuclear mos people are taking a look at entists are always speculative. From weapon. Some would say it is more like Lebed’s contentions and those of others the beginning, the thought has been, in 100 pounds. So 16 pounds would not get who have said ‘‘nuclear materials and addition to the material, as Mr. the job done, nor did he purport that it expertise are much harder to account Kitfield points out, there has to be one would. He suggested, however, enlarg- for’’ than bombs, even suitcases, any- individual who has the expertise with ing this pineapple with a few more lay- thing encased. That is why ‘‘concerns the program to bring it together if a ers would get you to that point. about Russia are focused on fissile ma- weapon actually is to be usable. The This came just after the tragedy at terial and its scientists.’’ hope has been, through the Inter- Oklahoma City and the bombing of the The problem is now it appears Russia national Science and Technology Com- courthouse by McVeigh and whoever produced a great deal more fissile ma- mittee—and this body has appropriated was involved with him. That would terial than we anticipated. So much funds, again, from the State Depart- now be classified, in many circles, as more that the destruction of it or even ment appropriation process—of a gen- sort of the forerunner of the dirty the securing of it has gone well beyond erous contribution to that effort. In bomb situation. That is, you have some all of our best attempts. Mr. Kitfield’s the past, there have been contributions materials, at least, that have prop- article mentions the 5,700 nuclear war- by Japan, by European countries, by erties that are nuclear but they are not heads, 434 ICBMs, 484 air-to-surface Saudi Arabia and others. at the highly enriched level. But you missiles, bombers, submarines, and In my own business, at their head- use common or garden variety explo- what have you, destroyed. However, he quarters, I found our contribution now sives and you create a mess. McVeigh, goes on to say, ‘‘attempts to consoli- unfortunately has risen to 60 percent. I as far as we know, was not attempting date and safeguard the much larger say unfortunately because it means to combine the explosives with nuclear Russian stockpile of fissile material— others may have dropped off of the pro- material at any level. the essential ingredient of these gram. But with good diplomacy, others So I cite this example as only illus- doomsday weapons—have had a more may drop back in. trative, in two ways. One was that half Under this program, over 20,000 Rus- checkered record. Indeed, the first indi- of that Federal courthouse was de- sian scientists have been paid stipends cation that Russia might be leaking le- stroyed, along with a number of Ameri- to furnish them money to do other thal nuclear material from the decreas- cans, innocents, who were in that work—work in commercially viable ingly decrepit inventory is as early as courthouse at the time. propositions in Russia that do not in- 1992.’’ He goes through each of the well- The witness made the point, however, volve weapons of mass destruction. I known documented cases and attempts that if you had the proper expertise cannot overstate how vital this has to pilfer kilograms here, pounds there, and you had the suitcase and the 55 or been in sustaining the interests of of weapons-grade uranium. 100-pound weapon in this same pine- The Russians still contend that all of those scientists in continuing to live in apple shape, this would have had the these situations have been stopped, Russia as they wanted to do, provided effect of taking out 4 square miles of that the perpetrators were caught, there was any work—at a time that the Oklahoma City, not just half of the whether in Prague or St. Petersburg or Russian military establishment was Federal building. elsewhere. winding down. Obviously, programs ‘‘Today, U.S. experts at Los Alamos producing fissile material have been Others have made the point that even estimate that roughly 570 tons of Rus- virtually stopped. without highly enriched uranium, the sia’s total 850 tons of weapons-usable I have no idea how many scientists so-called dirty bomb, which does in- material are more secure,’’ but this there are in Russia who at any one clude some nuclear material but sim- leaves 280 tons that are not. They be- time were involved as experts in weap- ply with an explosive device, could lieve at Los Alamos that clearly more ons of mass destruction. We have no render the same territory in New York than 200 tons of fissile material re- way of knowing whether 20,000 rep- City uninhabitable for a fairly sizable maining largely unsecured are in 104 of resents most of them or a majority. We period of time after the destruction of the 252 nuclear sites in which U.S. offi- have, according to Mr. Kitfield and the many lives in the process of the fallout cials have yet to gain access. experts at Los Alamos and Sandia, of this material, much like the effects From my own personal experience, it luck that the coincidence of scientists, down range from the Chernobyl explo- is not easy to gain access to areas in material, cell groups have not quite sion in Ukraine where hundreds of which the officials of the country do come together yet. thousands of acres will not be farmed not wish you to gain access. It is a bar- The point of this statement at this for our lifetime and many after that, gaining process, trip by trip, site by late hour today is to say that we can- or, if they are farmed, may have dev- site—whether nuclear or biological or not count on that. America has been astating health consequences, given chemical. It is the first comprehensive staggered and shocked and grieved by the spoiling of the soil, the trees, the figure I have ever seen, however, that September 11. Horrible circumstances. animals—everything that was involved. details there are 252 known sites where Testimony before a committee I In short, this is the danger. there is fissile material—not warheads chaired involving those deeply involved I think our officials understand this. or ICBMs—and we have yet to gain ac- in this subject and who knew a great But I am hopeful that as we proceed in cess to 104 of these, almost 40 percent. deal about it, brought a witness who subsequent years with our military ap- To make my point again, while I had the proverbial thin suitcase. He propriations, and our Department of counsel we approach Pakistan and laid it down on the witness table. At Energy appropriations, and our State India with the thoughts of accessi- the appropriate time, he opened it and Department appropriations—because bility, accountability, and security, we there was a machined piece of metal, all of these efforts are divided in sev- have a great deal of work still to do something like a pineapple in both its eral ways, each one of them vital to with friends in Russia with whom we shape and size. He assured us this was the overall objective—that we have an have been working for 10 years. The not highly enriched uranium. Never- understanding of how large a propo- 10th anniversary of the Nunn-Lugar theless, there were materials in this sition this is. Act occurred 2 days ago, and in this particular piece that a counter would This does not for a moment negate body. It was late in that session in 1991 register. the need for the very best trained and

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.087 pfrm02 PsN: S14PT1 S13286 CONGRESSIONAL RECORD — SENATE December 14, 2001 paid American troops we have, and sup- This afternoon marks 1 complete istration is, it is important that the port of them, and all of the instru- week of deliberation on the farm bill. I Department of Agriculture be given as ments of conventional warfare that are know this has not been easy on many, much lead time to make the transition now being produced. But I am saying nor easy on the ranking member, as as smoothly as they can. that once again the bottom line of the they have attempted to deal with the There is no question, from a farm in- war, as I perceive it, is that even as we bill itself. come point of view, from a farm cer- are very successful with these so-called I compliment the Chair for his out- tainty point of view, from the smooth- conventional means, and with remark- standing leadership and patience and ness in transition point of view, and able, talented American service per- the extraordinary effort he has made to from the budget point of view, one sonnel, on the homefront, here in the manage this bill in a way that accom- could add more and more reasons that home defense situation, we need to un- modated virtually every Senator. it is important for us to finish our derstand the vulnerability we have in I am disappointed that we weren’t work. No one has said it more elo- the same way that we explained it to able to achieve cloture on the bill. I quently or passionately than the chair- those in Moscow and London and Rome have indicated that we are going to man of the committee, my friend from and other beautiful capital cities of our keep trying to reach that point where Iowa, Senator HARKIN. world that are at risk if in fact this we can bring debate to a close. I know I simply come to the floor to again intersection between cells of terrorism there are a number of other amend- reiterate that we are determined to fin- and materials and weapons of mass de- ments. We accommodated those on the ish this bill. We are determined to do struction should develop. other side of the aisle who wish to all we can to finish it not only on the There are people who say this is so bring up an alternative to the com- floor but in conference. We will do pervasive and so comprehensive that mittee-passed bill, the so-called Rob- whatever it takes to stay, to work, to school is out, it is beyond remedy. The erts-Cochran bill. cooperate, and to find ways to com- numbers of terrorists, the numbers of I believe we have had a good debate. promise. But it has to be a two-way countries, numbers of programs, re- I hope we can complete our work this street. gimes all believing they must have coming week. I would not want to have We have to continue to keep the pres- weapons of mass destruction or at least to come back after that, but we will sure on. That is certainly my inten- the threat of these to stave off whoever entertain the possibility of coming tion. I know it is the intention of the —and I understand that, as the Pre- back additional days after Christmas, distinguished chair of committee. It siding Officer does. But our objective, if need be, to get this job done. There has been 1 week. If necessary, it will be at least, as policy leaders in this coun- is nothing that says we can’t keep 2 weeks. And, if necessary, it will be 3 try, has to be a ‘‘go to it’’ spirit. coming back until the 23rd of January, weeks, or more. But we are going to If at this point we simply accept it is if necessary. We will look at all the op- get this bill done. there, we have to accept that at some tions. But we need to bring this bill to I am just reminded that while we point a very large part of one of our a close. As I have said on other occa- have been on the bill for a week, we ac- cities or our basic institutions could be sions, we need to do it for a number of tually made the motion to proceed 2 under attack and this time could dis- reasons. Some of us have outlined weeks ago. One could argue that we appear, with absolutely devastating re- those reasons throughout the week. have been on the bill in one form or an- sults for our country or any other I think as we close out the week and other for 2 whole weeks already. I do country that was victimized in this mark the fact that we have now spent not know what the record is, but, way. a week on the bill, we remind all col- clearly, we have a lot of work to do. If we ask the basic questions we leagues that we have a budget window With the holidays coming up, it cer- would have asked before September that may close. If that budget window tainly warrants putting all the time 11—Who could possibly do this? And for closes and we are precluded even by a and effort we possibly can into getting what reason?—we are staggered as we few billion dollars from dealing with this job done. I know there is interest watch the tape of Osama bin Laden or all the needs in this bill, what a mis- in doing that. listen to interviews with people who take that would be. What a moment of f seem to be committed to a very dif- admission of failure that would be. I ferent course of action that most of us hope we can avoid doing that and avoid MORNING BUSINESS find even remotely conceivable, mor- that scenario. Mr. DASCHLE. Mr. President, I ask ally or as human beings. Secondly, I know, based on many unanimous consent that there now be a Unless we are prepared simply to for- conversations the managers and I have period of morning business with Sen- get September 11, roll the clock back had and others have had with regard to ators permitted to speak for up to 5 into a simpler time, then we will have the continuity, of the need to have a minutes each. to deal with more complex times. clear roadmap on how we transition The PRESIDING OFFICER. Without I thank the Chair for allowing me to from Freedom to Farm to whatever it objection, it is so ordered. proceed in morning business with a is that Congress ultimately passes, The Chair recognizes the Senator message that I believe is important. something that every farmer and from Rhode Island. I yield the floor. Mr. President, I suggest the absence rancher would like to know. Mr. REED. Mr. President, I ask unan- I think that is the reason I got calls of a quorum. imous consent that I be allowed to The PRESIDING OFFICER. The again this morning from farmers and speak for up to 10 minutes as in morn- clerk will call the roll. ranchers in South Dakota who said: ing business. The assistant legislative clerk pro- Please pass this legislation as quickly The PRESIDING OFFICER. Without ceeded to call the roll. as you can because we need to know. objection, it is so ordered. Mr. DASCHLE. Mr. President, I ask We need to plan. f unanimous consent that the order for There is so much uncertainty in farm legislation as it is. There is so much REVIEW OF BACKGROUND CHECK the quorum call be rescinded. RECORDS The PRESIDING OFFICER. Without uncertainty with agriculture as it is. objection, it is so ordered. To exacerbate that uncertainty by re- Mr. REED. Mr. President, I rise f fusing to act, or not acting as quickly today to talk about our fight against as we should, is compounding the prob- terrorism and a report in the New York PROGRESS ON THE FARM BILL lem unnecessarily. Times last Thursday about the Justice Mr. DASCHLE. Mr. President, I come We have seen a 75-percent reduction Department’s denial of requests from to the floor for a couple of minutes in farm prices since 1996. That is a re- the FBI to review background check prior to the time we finish our Senate markable demonstration of the need to records for gun purchases as part of its business for the week to, first, com- do something now. antiterrorist investigation. pliment the Presiding Officer who has I hasten once again to note the im- When I met with Justice Department been our floor manager on the farm bill portance of completing our work. I also officials on November 1, I was informed now for 1 entire week. say that as complicated as farm admin- that in the immediate aftermath of the

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.090 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13287 September 11 attacks, the Department why would he continue to seek to re- Island and all Americans pay a uni- of Justice compared the audit log of duce the retention time for the audit versal service fee as part of their approved gun sales under Brady law’s log from 90 days to 1 business day, forc- monthly phone bills to ensure that National Instant Criminal Background ing ATF to ask more than 70,000 feder- telephone service is available to every Check System to the Federal Govern- ally licensed gun dealers to review part of this country, no matter how ment’s terrorist watchlists. their sales records every time law en- rural or how remote. The New York Times reported that forcement authorities conduct a review Let’s close the gun show loophole so on September 16, 5 days after the ter- for names associated with gun crimes that convicted felons, domestic abus- rorist attacks, the Bureau of Alcohol, but particularly associated with ter- ers, terrorists, and other prohibited Tobacco, and Firearms requested the rorist activities? persons do not use gun shows to pur- FBI center that operates the National We can only conclude that politics chase firearms without a Brady back- Instant Criminal Background Check and the powerful influence of the gun ground check. System to check a list of 186 names lobby have trumped gun policy once When we confront terrorists, and against the NICS audit log. The names again. I hope the Attorney General will when we hear the President say every were identified as aliens whose identi- reconsider his position. None of us real- tool available to law enforcement will ties had been developed during the only knows what the next terrorist at- be used, let us ensure every tool is going terrorist investigation. The FBI tack will look like. We cannot assume used. Let us ensure there is no area got two hits, meaning that two of the that because the attacks on September that is off limits because of the power- persons on the watchlist had been ap- 11 did not involve firearms, the next ful influence of the gun lobby. Let us proved to buy guns. one will not also involve firearms. We give our law enforcement officials The ATF’s request and the resulting should give law enforcement every tool every opportunity to protect America hits underscore the point that the at our disposal to prevent terrorists from terrorist attacks. NICS audit log has a clear investiga- from gaining access to firearms, and to I yield the floor. tive value for law enforcement and our know about it when they do. f If the Attorney General insists upon counterterrorist efforts. NOMINATION OF EUGENE SCALIA Yet the day after the FBI made its the narrowest interpretation of allow- initial check, the Attorney General’s able uses of the NICS audit log, we Mr. HATCH. I rise to join many of lawyers prohibited further reviews of need legislation to make it absolutely our colleagues to express my frustra- the audit log by the FBI for the pur- clear that law enforcement authorities tion with the leadership for failing to poses of the terrorist investigation. can review these records if they have permit a floor vote on the nomination The Congress passed and the Presi- reason to believe that a person under of Eugene Scalia to be the Solicitor dent signed the Patriot Act earlier this investigation, particularly under inves- General of the Labor Department. I year to give the Attorney General ex- tigation for terrorist activity, may was mystified as to what reasons there panded powers to fight terrorism. The have purchased a firearm. could possibly be to hold up the Presi- Attorney General has used these pow- I am pleased to join Senator SCHU- dent’s choice, his pick, for this vital ers and others created by the adminis- MER as a cosponsor of S. 1788, to clarify position at a time when it is of na- tration, without congressional input, that NICS audit log records may be tional urgency for the Labor Depart- to permit, for example, eavesdropping accessed by the Federal authorities for ment to have its team in place. on detainees’ conversations with their the purposes of responding to an in- I have heard it said in the press it is attorneys, to implement new wire- quiry from any federal, state or local because Scalia is the son of Justice tapping authority, and to look into the law enforcement agency, and also to Antonin Scalia and that this is some backgrounds of truck drivers and crop ensure that these records be main- sort of payback for the Bush v. Gore duster pilots, and immigrants. tained for at least 90 days to ensure a decision. I personally find that hard to When President Bush addressed Con- reliable auditing system is in place. believe. Such a motive would be far gress on September 20, he said: I also look forward to consideration below the dignity of the Senate. The We will direct every resource at our com- at the earliest possible time next year notion that this Chamber would in ef- mand—every means of diplomacy, every tool of my legislation to close the gun show fect punish a Supreme Court Justice or of intelligence, every instrument of law en- loophole, so that we can prevent con- his family for a decision, any decision, forcement, every financial influence, and victed felons, fugitives from justice, would be abhorrent to anyone who every necessary weapon of war—to the dis- and, yes, even terrorists, from buying loves this institution or the Constitu- ruption and to the defeat of the global terror guns from private dealers at gun shows tion. network. without a background check. I also find it hard to believe because Now we find the Attorney General is There has been a lot of misinforma- the Senate confirmed Ted Olsen, who bending over backwards to protect the tion about the technical requirements litigated the Bush v. Gore case, al- special interests of the gun lobby at of conducting Brady Law background though some did try to stop his con- the expense of the safety of the Amer- checks at guns shows. It has been sug- firmation despite his unquestionable ican people and the investigation into gested that gun shows in rural areas qualifications. We also confirmed terrorism. Rather than seeking every are not equipped with the technology Janet Rehnquist, the daughter of the opportunity to give law enforcement to make background checks feasible. Chief Justice, to be inspector general all the information at hand, the Attor- The only technology needed to run a of the Department of Human Services. ney General has chosen, erroneously in Brady background check is a tele- But that is what is being said to the my view, to interpret the Brady law phone. At most gun shows, federally li- public. We wonder why the public is so and related Justice Department regula- censed firearms dealers use cell phones cynical about the Congress. tions as prohibiting the use of the to conduct background checks. At oth- I, personally, do not believe that is audit log for investigative purposes be- ers, telephone ‘‘land lines’’ are made the reason Mr. Scalia is being held up. yond the performance of the system. available. Under my bill, these feder- But I have also heard, and this reason Even if the Attorney General be- ally licensed dealers would run checks is very troubling to me, that it is believed he did not have the authority to on behalf of unlicensed sellers at the cause Eugene Scalia is a devout, pro- review the audit log for investigative gun show, ensuring that a background life Catholic. He is being targeted by purposes, why then did he not ask Con- check is run every time a gun is sold at radical fringe elements because his gress for that authority back in Sep- more than 4,000 gun shows held each name has symbolic value. I only hope tember when he was putting together year in America. this is not true. If that is true, this is his proposals for the Patriot Act? Why I should also add that 95 percent of also troubling because it shows that an wouldn’t he want Federal law enforce- these checks are completed within two appearance has been created that there ment officers to know if a suspect or hours, and no new technology would be is an ulterior partisan motive. potential informant had recently pur- required beyond access to a telephone, I ask unanimous consent to have chased a firearm when they go to ques- a device that has been with us for a printed in the RECORD an op-ed by tion or detain that person? Finally, long time. My constituents in Rhode Marianne Means, who wrote, ‘‘Two

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.046 pfrm02 PsN: S14PT1 S13288 CONGRESSIONAL RECORD — SENATE December 14, 2001 Scalias In Our Government Are Too The floor vote is likely to break down may differ with a minority in the Con- Many.’’ along party lines, marking the first serious gress. There being no objection, the mate- tear in the bipartisan fabric Bush is trying There is no apparent reason for some rial was ordered to be printed in the to weave. of these things, and in my years on the He visited the Labor Department Thursday RECORD, as follows: and warned, ‘‘This is not a time to worry Judiciary Committee I have learned a TWO SCALIAS IN OUR GOVERNMENT ARE TWO about partisan politics.’’ thing or two about judging the quali- TOO MANY He should have thought of that before he fications of lawyers who serve in our (By Marianne Means, Hearst News Service) picked such a partisan nominee. Scalia, a Government. It is clear that Eugene WASHINGTON.—When President Bush nomi- choice left over from the pre-unity era, is a Scalia is highly qualified to hold the nated the son of conservative Supreme Court flagrant example of the partisan excesses of position for which the President has Justice Antonin Scalia to the third-highest that period before the terrorist attacks. It is nominated him. Mr. Scalia has a dis- post in the Labor Department, the terrorist impossible for the Democrats to embrace tinguished career in private practice attacks had not occurred and Bush was not Scalia, and Bush knew it when he chose him. yet in a political unity mode. It would be disingenuous of the president to and has been an influential writer and This week, however, Eugene Scalia’s nomi- claim now to be shocked that the nomina- laborer in employment law. nation to be the department’s solicitor—its tion has provoked a partisan confrontation. He has been strongly supported by top lawyer—was before the Senate Judiciary If Bush is really serious about working in lawyers to whose views my Democratic Committee threatening to blow up the frag- a bipartisan fashion, he should withdraw the colleagues and I normally give great ile aura of bipartisanship the president is nomination. There are other qualified Re- weight—William Coleman, former Sec- currently trying to foster. During his hear- publican labor lawyers who would not raise retary of Transportation and a great ing, Scalia was sternly grilled by Democratic so many hackles and cost the president so civil rights leader, a dear friend to members and lavishly praised by the Repub- much in good will. most all in this body; Professor Cass licans. Mr. HATCH. Members can see why I Giving Scalia power to interpret the ad- Sunstein, one of the two or three lead- ministration’s policies toward organized am concerned. I have always tried to ing advisers to my Democratic col- labor, which worked hard to defeat Bush in judge nominations without bias or self- leagues on the Judiciary Committee, the 2000 election, was a deliberately vengeful interest. I am concerned, however, that not known for conservative politics, move. Looming over the selection is the dark the Senate is not demonstrating simi- but liberal politics, a very good guy; shadow of his cranky father, the architect of lar fairness to the President and this and Professor William Robinson, the the court’s rightward drift on civil rights nominee. But these partisan remarks, and the mastermind of the court’s con- chair of the College of Labor and Em- extraneous to Mr. Scalia’s qualifica- ployment Lawyers who describes how voluted ruling that handed the presidency to tions, are bound to arise when the Bush. Eugene Scalia’s nomination inescap- Mr. Scalia taught on a volunteer basis ably looks like a gigantic political payback, Democratic leadership refuses to allow at the UDC law school when that pre- meant to reaffirm Bush’s authority by slap- Mr. Scalia and his qualifications to be dominantly minority institution had ping the Democrats in the face. openly debated in the light of day. financial difficulties and could not af- In April when he picked Scalia, Bush had If you do not like Mr. Scalia for any ford to pay a full faculty. embarked on a crusade to drive the country reason at all, including the fact that he This person gives his time volun- to the right, rolling over the Democratic is a pro-life Catholic, or the fact that tarily in a primarily minority institu- congressional minority and his own party’s he is Justice Scalia’s son, then vote moderates. In those days, he had no interest tion, a law school, and does not ask for in bipartisanship. against him and show your bigotry a cent and does it out of the goodness His first choice as Labor Secretary, the that way. of his heart. That ought to be given conservative anti-labor commentator Linda But the fact is, he ought to have a some consideration around here. Chavez, proved to be too controversial and vote. The President ought to have a This is hard to believe, but Mr. was forced to withdraw her name. She was vote. Even if Members do not like Mr. Scalia was nominated more than 7 replaced by Elaine Chao, whose attitude is Scalia, he is the President’s choice. He months ago. Seven months ago! He was less ideological than Chavez’s and is there- ought to have a vote. fore less objectionable to the major unions. reported favorably out of committee Scalia, 37, seems to have been selected to I have to say the allegation by some and has been waiting for a floor vote give Chao the backbone to be tough on the that it is because he is a pro-life Catho- for 6 weeks. labor movement whenever possible. lic bothers me. As a practicing member Still a vote has not been scheduled. During his career as a labor lawyer, Scalia of the Church of Jesus Christ of Latter Why not? Well, it saddens me, but it is campaigned vigorously to repeal Clinton-era Day Saints, I have known much big- becoming ever more believable that federal ergonomics rules designed to reduce otry due to my faith, and especially be- Mr. Scalia is being treated this way for repetitive-motion injuries and lower back cause I am a pro-life member of my reasons beyond his qualifications, problems. He said he doubted the ‘‘very ex- faith. As we all know, mine is the only istence’’ of the problem, which union offi- whatever they may be, and I hope they cials take very seriously, and mocked denomination that had mobs go are not the two I have mentioned. ergonomics as ‘‘junk science.’’ The Clinton against it, with a pogrom ordered Whether because of the Bush v. Gore rule was killed by the Republican-controlled against it within the United States of Supreme Court decision or otherwise, Congress earlier this year, and Chao is cur- America. I find bias against a person they want to punish Eugene Scalia for rently reviewing proposals for revised because of his or her religious beliefs his association with his father’s opin- ergonomics rules. particularly repugnant. I worry about ions, and I surely hope it is not because Senate Health, Education, Labor and Pen- that type of thing. sions Committee Chairman Edward Kennedy, he is pro-life and a devoted member of D-Mass., is unequivocal in his opposition to I know people in the Congress who the Catholic faith. Scalia. The senator says his writings and his will not vote for anybody who is pro- The President of the United States is record ‘‘clearly suggest that his views are life. I believe there are some people working hard for the American people. outside the mainstream on many issues of who will not vote for anybody because The least we can do in the Senate is to vital importance to the nation’s workers and they are pro-choice. I think that is confirm his qualified nominees to serve their families.’’ abysmal. I think the President, whom- in his administration unless there is The committee is divided along party ever he or she may be, should be given something gravely wrong with their lines, with all 10 Democrats opposed to Scalia and all 10 Republicans supporting tremendous support with regard to the records. We owe this to the President. him. When the committee votes next week, nominees they send up here—unless We owe it to the American people. We the tie will be broken by former Republican- there is some legitimate reason for re- need to let President Bush staff up his turned-independent James Jeffords of jecting the nominee. That is another administration so he has the people he Vermont. Recently Jeffords said awkwardly, matter. needs to get the job done. ‘‘I think I’ll probably support him . . . reluc- I have also heard it is because Mr. Every time we play partisan games tantly.’’ Scalia may have a differing opinion on with a Presidential nomination, we That means the nomination will go to the ergonomics. My gosh, ergonomics could make the President’s job that much Senate floor, where Kennedy vowed ‘‘there will be a battle.’’ Business groups have lined not get through the Congress because a harder and we fail to discharge our up behind Scalia, and the AFL-CIO is cam- majority happened to be against the constitutional duty. We prevent the paigning against him, making the outcome ergonomics proposal. It seems very bad President and his top people at the uncertain. to hold it against Mr. Scalia because he White House from focusing on the war

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.041 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13289 effort, getting the economy moving, nees, a point was made that those Lest anybody think President Clin- and a host of other things the Amer- nominees had been pending for less ton was mistreated, the all-time con- ican people care about. than 60 days since receipt of their firmation champion was Ronald The Labor Department has front line American Bar Association ratings. If Reagan with 382 Federal court judges responsibilities for worker safety and this is the standard, then the com- who were confirmed. By the way, Presi- economic security. It has been working mittee is falling woefully behind, espe- dent Reagan had 6 years of his own hard to help employers deal with the cially on circuit court of appeals nomi- party in control of the Senate. Presi- anthrax threat, and it has been helping nations. There are 8 circuit court dent Clinton had 5 fewer than Reagan, employees laid off by the economic nominees who have been languishing 377, and would have had 3 more than downturn. We are not helping the for 157 days or more since receiving Reagan had it not been for Democrat Labor Department, we are hurting it, their ABA ratings. In fact, some of holds on the other side. Frankly, even and we are hurting American workers them have been pending for more than President Clinton told me he thought if we do not allow a vote so the Depart- 180 days since being rated by the ABA we did a good job. ment can have its top lawyer in place. and nearly 220 days since their nomina- Were there some exceptions? Sure. Some have said the reason he is not tion. There always are. There have been for getting a vote in the Senate is that the I agree with the suggestion that 2 my whole 25 years in the Senate. Some- unions do not want him. I have to say months should be the standard limit to body has a hold or somebody does not there are times when people on our side review nominees. We should apply this like somebody for some stupid reason have not wanted what the unions want, standard or better to the circuit court or another. But the fact of the matter and there are people on the other side nominees President Bush sent to the is that President Clinton was well who have not wanted what the unions Senate nearly 220 days ago. These are treated. When we finished, there were want. The ergonomics rule was the per- not just nominees, these are some of 67 vacancies. President Clinton once fect illustration. The resolution of that the finest lawyers ever nominated to said that 63 vacancies, when Senator issue should not be held against any- the circuit courts of appeals, and I will BIDEN was the chairman on the Demo- body. People ought to have a right mention two of them. crat side, was a full judiciary. within the framework and the main- John Roberts, who was left hanging Today we have almost 100 vacancies, stream of the law to think what they at the end of the first Bush administra- and we have to do something about it, want. tion, who is considered one of the two but we are not doing it with regard to I have to admit, I am sure the AFL- best appellate lawyers in the country, these circuit court of appeals judges CIO, as much as I respect it, as much and who is not known as a partisan Re- and I sure want to get that going. as I respect its leadership—having been publican, he was left hanging then, and I hope our distinguished chairman one of the few Senators who have actu- now he has been left hanging for al- and others on the committee will help ally held a union card—I went through most 220 days. this President get done the nomina- I have heard so many complaints dur- an informal apprenticeship, became a tions he has so carefully, I think, se- ing other Republican administrations journeyman in the AFL–CIO, I under- lected. of not enough women and minorities I yield the floor. stand there are irritations with some being nominated, but now we have one Mr. HARKIN. I am constrained, after of President Bush’s nominations, but of the leading minority lawyers in the listening to my good friend from Utah no less than there were with President country, Miguel Estrada, and he can- talk about nominating judges and va- Clinton’s nominations. They were put not even get a hearing. He has argued cancies—I cannot let the moment pass through, or at least they were allowed 14 cases before the Supreme Court; without pointing out that on the a vote. Roberts, many more. Most lawyers Eighth Circuit Court of Appeals there Mr. Scalia is one of the finest people never argue a case before the Supreme is a vacancy today. That vacancy is I know yet he is not even given the Court. Estrada is respected by the there because my friends on the other consideration of a vote. Back in July, courts of this country. He is one of the side of the aisle would not let us vote five former Solicitors of Labor urged brightest lawyers in this country last year on the former attorney gen- us to move quickly on this nomination. today. eral of Iowa, Bonnie Campbell, to take Both of President Clinton’s Labor So- What really moves me, even more that position as circuit court judge on licitors joined that letter. We not only than that, is this is a young man who the Eighth Circuit Court. have the ones I have mentioned, who came from a country of abject poverty, She had a hearing, she came out of are strong Democrats, but the two graduated with honors from Columbia committee, but they would not let us Clinton Solicitors of Labor who said University, then was at the top of his bring her name up on the floor for a Mr. Scalia deserves a vote and should class at Harvard Law School, became a vote. She was perfectly qualified to be be supported. The five Solicitors said it law clerk and, of course, has had a dis- on the Eighth Circuit Court of Appeals. was harming the Department of Labor tinguished legal career. There is not As I said, we had all the hearings. She and the workers whom the Department one thing any reasonable person would was supported by everyone. Yet they serves the longer we delay this deci- find against him. And he is Hispanic. would not permit her name to come up sion. So I say let us have a vote on this We are trying to do what is right. for a vote before we left last year. highly qualified nominee before we ad- I do not understand it. If we do not Bonnie Campbell is not on the Eighth journ. get these judges on the Circuit Court of Circuit Court of Appeals today because Last but not least, and changing the Appeals for the District of Columbia of pure politics. Because the Repub- subject, I praise the distinguished Sen- and in other circuits as well, we are licans, those on that side, last year—I ator from Vermont, Mr. LEAHY, for the going to be very directly harmed in guess correctly—thought they were movement we have had in the last this country. The people will suffer. We going to win the national election and month on Federal district court judges. have to quit playing games with this. therefore they didn’t have to put Admittedly, they are people who have I have to admit there were times through any judges on the circuit Democrat support, or have both Demo- when during the Clinton administra- courts. crat and Republican support. They are tion I wished that I, as chairman of the So Bonnie Campbell—there is a va- people who are slam dunks, unanimous committee, could have done better. cancy there today because of politics. consent type of people, but I think vir- There were some people on our side Not that she wasn’t qualified. I always tually everyone President Bush has who I think acted irresponsibly, as said bring her up for a vote; if people nominated to the judiciary is a slam there are people on the other side want to vote against her, vote against dunk, unanimous consent supported in- today acting irresponsibly. People of her—just the same argument the Sen- dividual. good will, those of us who really be- ator from Utah made right now. I made What is bothering me is we have an lieve a President’s nominees ought to the same argument last year. Bonnie inordinate number of circuit court of be given their votes, these people ought Campbell is qualified. No one says she appeals judge nominations that are not to prevail in this body, and we ought to is not. Let’s bring her up for a vote. being brought up. At our last confirma- start establishing a system that works Yet the leadership on that side pre- tion hearing for district court nomi- with regard to judicial nominations. vented us from ever having a vote on

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.043 pfrm02 PsN: S14PT1 S13290 CONGRESSIONAL RECORD — SENATE December 14, 2001 Bonnie Campbell’s nomination to be tinguished herself in many ways. She those people. I have no doubt, that Eighth Circuit Court judge. has handled her duties with grace and whatever career path is are in Marie I hope my friend from Utah doesn’t professionalism, and quite frankly has Moore’s future, she will succeed. want to preach too much to me, to this set the standard for those who will fol- May I add, for those Americans who Senator, about politics being involved low her in this very demanding posi- sometimes make negative generaliza- in circuit court judges. I know full well tion. tion about America’s younger people, what happened last year. It is on the Marie has served with me during Marie Moore is just the opposite in record. This Senator stood at the desk some of our Nation’s most historic and every way. She is an example of the right back there, day after day, asking sometimes very difficult and dramatic best in America’s future. She is an that Bonnie Campbell’s name come up events. On occasion these events have asset to our country and to this insti- for debate and vote. Every time it was demanded very much of her, as they tution. I will miss her very much, and objected to by the other side. So I don’t did all Senate staff members but par- so will many other people in the U.S. really need any lectures about politics ticularly those who are required to Senate who work with Marie on a daily being involved in judicial nominations. deal one on one with a sometimes skep- basis. Marie made it a point to know f tical or hostile media. She certainly names, remember faces throughout the leaves Washington with some memo- Capitol and Senate Office Buildings, ELECTION REFORM AGREEMENT ries and experiences which will benefit just as she did with our visitors. I know Mr. DASCHLE. Mr. President, I am her professional career and her per- the folks down in the Senate recording pleased that Senators DODD, MCCON- sonal life for many years to come. studio, the photo studio, the service de- NELL, SCHUMER, BOND, and TORRICELLI Marie’s tenacious work ethic and or- partment and a host of other Senate of- were able to reach agreement on a ganizational skills have benefited our fices share my sentiments about Marie, strong, bipartisan election reform bill. office’s operation greatly. Both are ex- and our loss. But, we wish Marie the Studies of the 2000 elections have emplary. Maybe she learned these at- very best in her new endeavor, and I made it clear that outdated and unreli- tributes at Ole Miss, where she grad- certainly hope she will stop by and able technology, confusing ballots, lan- uated with a journalism degree just be- visit when back in Washington. guage barriers, lack of voter education, fore coming to Washington. However, I f lack of poll-worker training, and inac- suspect the best of Marie Moore is a SECRET HOLDS ON THE 21ST CEN- curate voting lists all added up to the product of her wonderful family and TURY DEPARTMENT OF JUSTICE disenfranchisement of six million vot- upbringing back in Holly Springs, MS. APPROPRIATIONS AUTHORIZA- ers. Only a few short days after joining my TION ACT These problems are unacceptable, staff, Marie began reorganizing the and, as a Nation, we can’t afford to re- press shop, adding new filing cabinets, Mr. LEAHY. Mr. President, I am dis- peat them. Our Federal system leaves rearranging furniture, finding more appointed that one or more Republican it to individual States to conduct their space for this or that, all for the bet- Senators are holding up final passage own elections; but Congress has an ob- ter. She has demonstrated a tremen- of the 21st Century Department of Jus- ligation to see to it that election mech- dous capacity for leadership. She tice Appropriations Authorization Act, H.R. 2215. anisms and procedures in every county knows how to take charge and really This bipartisan bill is supported by in every State guarantee every eligible get things done with presented with the Bush Administration and cospon- citizen a voice in the democratic proc- virtually any challenge. For instance, sored by Senator HATCH, the ranking ess in addition to working on my staff, Republican Member of the Judiciary Under this agreement, States will be Marie has been an active member of Committee. It was unanimously ap- required to meet minimum standards, the Mississippi Society of Washington, proved by the Senate Judiciary Com- and a bipartisan committee will be cre- helping to organize events and recruit mittee back on October 30. ated to set those standards. new members. She has also selflessly This bill, with a bipartisan amend- This bill requires that election offi- assisted me and my staff in a number ment authored by Senator HATCH and cials notify voters of overvotes and of other duties, not necessarily in her myself, has cleared the Democratic give them the opportunity to correct a job description, but tasks which must cloakroom for final passage but some- flawed ballot before it is cast. It will be done and require an exceptional de- one on the other side of the aisle has establish statewide computerized voter gree of patience, understanding, and placed a secret hold on it. I would urge registration lists. skill. my Republican friends to permit the This bill further guarantees that vot- She is excellent with my constitu- Senate to take up and pass this critical ing machines be made accessible to ents who come to Washington. Marie legislation. people with limited English proficiency has always provided a friendly face and The 21st Century Department of Jus- and people with disabilities, and that warm welcome for the many visitors I tice Appropriations Authorization Act, provisional ballots be made available receive each day, and she is always provides permanent enabling authori- to people whose names do not appear quick to entertain them with refresh- ties which will allow the Department on voting lists. Those ballots would be ments or conversation if the have to of Justice to efficiently carry out its set aside until it can be determined wait. Additionally, she has done a won- mission. whether the individual’s name was mis- derful job in handling the many photo- At a time when the Department of takenly left off the registration list. If graphs which are required of a U.S. Justice is conducting the most sweep- it was, the vote is then counted. Senator. Marie always makes sure ing investigation into terrorist con- Finally, this bill provides the real re- those seeking a photo with me have spiracies in our Nation’s history, the sources these real reforms demand. that opportunity, and that these many Senate should pass this legislation. As we protect our democracy from its photos get back to those with whom I Indeed, Title II our bipartisan bill external enemies, we must also fix its have met. provides the Department of Justice internal flaws. That is what this com- Marie has proven to be press savvy, with additional law enforcement tools promise bill will do, and I look forward something we all value here in Wash- in the war against terrorism. Section to working to get it passed early in the ington. She has a keen mind for what 201 permits the FBI to enter into coop- next session. may or may not be a news item, and in erative projects with foreign countries f their regard shows experience well be- to improve law enforcement or intel- yond her years. Marie knows how to ligence operations, and Section 210 pro- TRIBUTE TO MARIE MOORE meet deadlines, how to prioritize and vides special ‘‘danger pay’’ allowances Mr. LOTT. Mr. President, I wish to most importantly how to get informa- for FBI agents in hazardous duty loca- pay tribute to one of my departing tion to the public in an effective, com- tions outside the United States. staff who has been working in my per- prehensive and timely manner. In addition, the bill as passed by the sonal office for almost 4 years. Marie We all know people who are somehow Committee, contains language offered Moore has served as my Deputy Press just prone to being successful in any- by Senator FEINSTEIN to authorize a Secretary since May 1998, and has dis- thing they undertake. Marie is one of number of new judgeships.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.045 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13291 Title III of this bipartisan legislation vention, and Treatment Act of 2001. I Felton and Hightower allegedly were authorizes eight new permanent judge- am pleased that we have included in engaged in a plan to rob homosexuals ships as follows: five judgeships in the this package the version of S. 304 that at the time of the killing. Southern District of California; two the Judiciary Committee passed unani- I believe that government’s first duty judgeships in the Western District of mously on November 29. This legisla- is to defend its citizens, to defend them Texas; and one judgeship in the West- tion ushers in a new, bipartisan ap- against the harms that come out of ern District of North Carolina. Section proach to our efforts to reduce drug hate. The Local Law Enforcement En- 312 would also convert two temporary abuse in the United States. It was in- hancement Act of 2001 is now a symbol judgeships in Illinois into permanent troduced by Senator HATCH and I in that can become substance. I believe judgeships, create one new temporary February. Senator HATCH held an ex- that by passing this legislation, we can judgeship in the Western District of cellent hearing on the bill in March, change hearts and minds as well. North Carolina, and extend the tem- the Judiciary Committee has approved f porary judgeship in the Northern Dis- it, and the full Senate should follow GUNS AND TERRORISTS trict of Ohio for five years. the committee’s lead. This is a bill Mr. LEVIN. Mr. President, I am con- I strongly support Senator FEIN- that is embraced by Democrats and Re- cerned about the Attorney General’s STEIN’S amendment, as do many of my publicans alike, as well as law enforce- decision to deny law enforcement ac- colleagues on the Judiciary Committee ment officers and drug treatment process to the National Instant Criminal on a bipartisan basis, including Sen- viders. Background Check System database. ator DEWINE, Senator DURBIN, Senator This legislation provides a com- According to a December 6 story in The EDWARDS, and others. I believe that the prehensive approach to reducing drug New York Times, following the events need for these new judgeships is acute. abuse in America. I hope that the inno- of September 11, FBI officials checked Finally, the bill creates a separate vative programs established by this the NICS database for the names of 186 Violence Against Women Office to legislation will assist all of our States suspects being detained in connection combat domestic violence. This section in their efforts to address the drug with the terrorist attacks. The search of the bill was crafted by Senator problems that most affect our commu- turned up two matches of detained in- BIDEN and Senator SPECTER—another nities. dividuals approved to buy guns. bipartisan partnership in this legisla- Our bipartisan amendment also in- According to the Attorney General, tion. There is strong bipartisan support cludes provisions to protect witnesses existing law does not give him the au- in the House and Senate to create a who provide information on criminal thority to approve law enforcement’s separate Violence Against Women Of- activity to law enforcement officials review of these records. But despite fice within the Department of Justice. by increasing maximum sentences and knowledge of this gap, the Attorney Senator HATCH and I have also other improvements to the criminal General did not request this authority worked together to craft a bipartisan code. in the comprehensive USA PATRIOT floor amendment which compiles a And our bipartisan legislation con- Act signed into law by the President on comprehensive authorization of expired tains amendments, authored by Sen- October 26. Since September 11, over and new Department of Justice grants ator SESSIONS, that modify the Paul 500 individuals have been detained, but programs and improvements to crimi- Coverdell National Forensic Science law enforcement has not been able to nal law and procedures. Improvement Act of 2000 to enhance audit the NICS database for gun pur- For example, our bipartisan floor participation by local crime labs and chases by detained individuals. I be- amendment authorizes Department of to allow for DNA backlog elimination. lieve the Attorney General’s actions Justice grants to establish 4,000 Boys I was proud to cosponsor the Coverdell are at odds with his own priorities. and Girls Clubs across the country be- grants bill last year and support it to That is why I was pleased to cosponsor fore January 1, 2007. This bipartisan help bring the necessary forensic tech- the Use NICS in Terrorist Investiga- amendment authorizes Department of nology to all states to improve their tions Act introduced by Senators KEN- Justice grants for each of the next 5 criminal justice systems. NEDY and SCHUMER. This bill would es- years to establish 1,200 additional Boys The 21st Century Department of Jus- tablish a 90-day period for law enforce- and Girls Clubs across the Nation. In tice Appropriations Authorization Act ment to retain NICS data. It would fact, this will bring the number of Boys should result in more effective, as well also give the FBI the authority they and Girls Clubs to 4,000. That means as efficient, Department of Justice for need to review the NICS database. I they will serve approximately 6 million the American people. But it must pass urge the Attorney General to endorse young people by January 1, 2007. the Senate soon and be reconciled with this legislation and give law enforce- In 1997, I was very proud to join with the House-passed bill in a conference. ment the comprehensive tools they Senator HATCH and others to pass bi- I urge my colleagues on the other need. partisan legislation to authorize grants side of the aisle to lift the secret hold f by the Department of Justice to fund on this bipartisan legislation to sup- 2,500 Boys and Girls Clubs across the port the Department of Justice. VETERANS EDUCATION AND BENEFITS EXPANSION ACT OF 2001 Nation. We increased the Department f of Justice grant funding for the Boys Mr. DODD. Mr. President. I rise to LOCAL LAW ENFORCEMENT ACT and Girls Clubs from $20 million in 1998 comment on important legislation to $60 million in 2001. That is one rea- OF 2001 passed by the Senate last evening, H.R. son why we have now 2,591 Boys and Mr. SMITH of Oregon. Mr. President, 1291, the Veterans Education and Bene- Girls Clubs in all 50 States and 3.3 mil- I rise today to speak about hate crimes fits Expansion Act of 2001. This com- lion children are being served. It is legislation I introduced with Senator promise agreement is the product of quite a success story. KENNEDY in March of this year. The negotiations between the House and But the authorization for these De- Local Law Enforcement Act of 2001 the Senate to craft an agreement be- partment of Justice grants to Boys and would add new categories to current tween the Senate- and House-passed Girls Clubs across the country has ex- hate crimes legislation sending a sig- bills aimed at improving a wide array pired. This bipartisan legislation will nal that violence of any kind is unac- of benefits affecting veterans and their renew and expand these grants. ceptable in our society. families. Included in this legislation is Parents, educators, law enforcement I would like to describe a terrible funding for improving educational ben- officers, and others know we need safe crime that occurred January 14, 1993 in efits under the Montgomery GI Bill, havens where young people can learn Macon, GA. Elizabeth Davidson, a 25- enhancing veterans’ compensation, and and grow up free from the influence of year-old lesbian, was fatally shot in a increasing home loan guarantees. This the drugs and gangs and crime. That is bar. The attacker, Deion N. Felton was legislation also makes important in- why the Boys and Girls Clubs are so charged with murder in connection vestments in vocational training, edu- important to our Nation’s children. with the crime. An accomplice, Shawn cation, and outreach programs to im- Our bipartisan amendment also in- Hightower, 16, pleaded guilty to con- prove economic and educational oppor- cludes the Drug Abuse Education, Pre- spiracy to commit aggravated assault. tunities for veterans who served our

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.053 pfrm02 PsN: S14PT1 S13292 CONGRESSIONAL RECORD — SENATE December 14, 2001 country. And, this legislation expands Prior to 1990, the surviving family of a troduced in the Senate that would au- the definition of service-connected dis- deceased veteran could receive from thorize the Secretary of the VA to fur- ability to include symptoms associated the VA, after burial or cremation, par- nish grave markers to deceased vet- with ‘‘Gulf War syndrome’’ thereby en- tial reimbursement for a private head- erans, regardless of whether the grave abling those veterans suffering from stone, a VA headstone, or a VA grave is privately marked. And, once again, Gulf War-related symptoms to receive marker. The choice was solely up to the House failed to adopt this reason- the compensation and care they de- the deceased veteran’s family. How- able provision, and this important serve. Our nation’s veterans have ever, budgetary tightening measures measure was the subject of negotia- served our country with distinction enacted in 1990 eliminated the reim- tions between the House and Senate to and have sacrificed in the defense of bursement component and prevented resolve this matter. our country. These veterans deserve the VA from providing an official head- The legislation before us today al- benefits commensurate to their service stone or grave marker when the family lows grave markers for veterans who to our country. In many ways, this leg- had already done so privately. This pass away after the date of enactment. islation recognizes the sacrifices and change in law precludes veterans’ fami- This is good news for veterans today. commitment of our nation’s veterans, lies from receiving an official VA grave However, I continue to be concerned and rightfully rewards their service marker if the family has already made about the more than 5 million veterans and valor. private funeral arrangements. who passed away over the past decade I wanted to take some time to talk Suffice it to say, this provision of law and whose families have tried in vain about a very important aspect of this is a major source of frustration for vet- to obtain an official commemoration legislation—Section 502—which is a erans families as they seek to honor from the VA. My legislation was retro- provision pertaining to providing VA their deceased loved one’s service to active and would have assisted all af- grave markers for deceased veterans. our nation. At the time of a veteran’s fected veterans families back to 1990— On December 7, 2001, the Senate unani- death, grief stricken family members when the aforementioned change in mously passed S. 1088, the Veterans’ invariably concern themselves with federal law occurred. As part of the Benefits Improvement Act of 2001. This making necessary funeral arrange- compromise agreement between the legislation included a provision which ments and providing comfort and sup- Senate, House, and the Administration, is based on legislation that I intro- port to loved ones, not investigating this legislation would allow for the duced this year and in the 106th Con- the complexities of VA regulations. Secretary of Veterans Affairs to ‘‘im- gress. It has the support of every major Nonetheless, for veterans’ families that plement this provision in a flexible veterans group and a wide array of or- make private funeral arrangements manner in light of requests for grave ganizations including the Veterans of prior to contacting the VA—such as markers pre-dating this provision.’’ Foreign Wars, the American Legion, purchasing a private headstone or While I am pleased that this com- Disabled American Veterans, Paralyzed marker—these families unwittingly promise will allow for the Secretary of Veterans of America, the Air Force forfeit their right to receive an official Veterans Affairs to help the Guzzo fam- Sergeants Association, and the Na- marker to honor their loved one’s mili- ily and may help other families who tional Funeral Directors Association. tary service. This inequity in current have struggled to receive official rec- It also has strong bipartisan support law is unfair to those veterans who ognition for their deceased loved one’s and enjoys the support of 21 of my Sen- have served our country. Indeed, the service through administrative means, ate colleagues who cosponsored this denial of this benefit to veterans’ fami- this problem should have been ad- legislation. The cosponsors include lies is one of the major sources, if not dressed by a change in law—not Senators BINGAMAN, BYRD, CONRAD, the major source, of complaints lodged through an ad-hoc, case-by-case, ad- CRAIG, DEWINE, DORGAN, FEINGOLD, with the VA. ministrative procedure. Nonetheless, JOHNSON, KENNEDY, KERRY, KOHL, One of the countless families nega- while this is not by any means a per- LEAHY, LEVIN, LIEBERMAN, LINCOLN, tively effected by this provision of fed- fect agreement, it will allow deceased MILLER, SANTORUM, SESSIONS, eral law is the Guzzo family of West veterans’ families to obtain this offi- STABENOW, STEVENS, and VOINOVICH. Hartford, Connecticut. Back in the cial grave marker in the future. Section 402 of S. 1088 would authorize summer of 1998, I was approached by a I would like to take a moment to the Secretary of Veterans Affairs to young man named Tom Guzzo whose thank and recognize the tremendous furnish a grave marker for the grave of father Agostino Guzzo had recently leadership of Chairman ROCKEFELLER a deceased veteran, irrespective of passed away. While Agostino’s service with regard to this issue and to vet- whether the grave has already been in the Army in the Philippines during erans issues in general. Chairman marked privately by the family. Cur- World War II entitled him to full mili- ROCKEFELLER and his talented staff, in rent law—which dates back to the Civil tary honors from the VA, he was not particular, were extremely helpful in War—does not allow the Department of eligible for an official VA marker be- working with me to ensure that the Veterans Affairs to provide such a cause the family had already purchased service of our Nation’s veterans are marker to already-marked graves. This a private marker. suitably recognized. I would also like arcane provision of federal law effec- I became involved in this matter to to commend Congresswoman NANCY tively precludes an estimated 25,000 correct what I believed to be a bureau- JOHNSON and her efforts to reach a families each year from appropriately cratic error, and I wrote to the then- workable compromise with respect to commemorating their loved one’s serv- Secretary of Veterans Affairs to re- this issue. Finally, I would like to com- ice to our country. Sadly, this number solve this matter. However, when the mend and recognize the hard work and will only increase as our nation’s vet- Secretary informed me that he was un- vigilance of the Guzzo family, particu- eran population ages. Indeed, according able to furnish a VA grave marker to larly Tom Guzzo, in ensuring that to the Department of Veterans Affairs, the Guzzos because of federal law, I in- Agostino Guzzo’s service to our Na- some 1,500 American World War II vet- troduced legislation to correct this in- tion—and the military service of erans will pass away each day. With equity. Last year, the VA headstone countless other veterans—can from our aging population of veterans and and grave markers legislation that I now on be recognized by the U.S. Gov- with our nation’s armed forces cur- authored unanimously passed the Sen- ernment with this final, modest ges- rently in harm’s way in the war ate as an amendment to the FY 2001 ture from a grateful Nation. against terrorism, it is critically im- Department of Defense Authorization f portant to act promptly to secure this bill. However, the House-passed version final tribute to suitably recognize the of the Department of Defense Author- ABM TREATY WITHDRAWAL service of past and future veterans. ization bill did not include a com- Mr. KERRY. Mr. President, I want to This archaic law was originally in- parable VA grave marker provision, take just a few moments today to place tended to ensure that our fallen sol- and regrettably this measure was President Bush’s announcement that diers were not buried in unmarked stripped in conference committee. Last he is withdrawing the United States graves. Of course, in today’s age rarely, week, once again, the Senate passed a from the 1972 ABM Treaty into a broad- if ever, does a grave go unmarked. provision based on legislation that I in- er context, to try and redefine a debate

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.062 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13293 about our security which too often has Hussein was deterred from using his ministration. Especially in the world been argued at the margins. weapons of mass destruction by the after September 11, a comprehensive The undergirding objective behind sure promise of a devastating response national security strategy must em- any American foreign policy should be from the United States. For 30 years, phasize the things we need to do to to make Americans safer, to make our the ABM Treaty has helped to anchor keep the American people safe from position in the world more secure, not nuclear deterrence, and I believe that terrorism. But just last week, the less. That is the only objective meas- people of the world have been safer for President defeated attempts by Demo- urement of foreign policy, and it is by it. Yes, I would have preferred that the crats in the Senate to provide addi- that measurement that I want to offer Bush administration continue to work tional funding for homeland security as any construction concerns about to- with Russia to find a way to amend, part of the Defense Department appro- day’s announcement. rather than end, the ABM Treaty. It priations bills. First, let me be clear: I support the appears that Russia was willing to I am deeply concerned that, at a time development of an effective defense allow the Bush administration great when the Administration tells us that against ballistic missiles that it de- leeway in pursing its robust testing financial resources for defense are ployed with maximum transparency plan for missile defense, but the Presi- highly limited, we must be more pru- and consultation with U.S. allies and dent was unwilling to accept any re- dent about our spending priorities, we with other major powers, including strictions on his plans. Given their need a debate about choices for our na- Russia and China. I’ve voted as has the past statements, it comes as no sur- tional security agenda. Senate, to support an approach which prise that the Administration does not Let’s be clear about what every na- delivers that kind of security measure. seem to have offered much to Russia by tional security expert told us before In the end, it boils down to common way of a compromise or an attempt to September 11 and has amplified since. sense: If there is a real potential of a amend and preserve the Treaty. What We need to fund our efforts to deliver rogue nation firing a few missiles at the Administration has done, and it is airline and rail security, border secu- any city in the U.S., responsible leader- their prerogative to do so, is gamble rity, the ability of our fire fighters, po- ship requires that we make our best, successfully on the fact that the Rus- lice and emergency workers to respond most thoughtful efforts to defend sian leadership would wisely determine to terrorist attacks, and the ability of against that threat. The same is true not to allow this issue to derail the im- our health care system to respond to of accidental launch. If it ever hap- provements we have seen in the last 3 the threat we face from bio-terrorism. pened, no leader could ever explain not months in the U.S.-Russian relation- And we are at war. We need to ensure having chosen to defend against the ship. President Putin has called this that our fighting men and women have disaster when doing so made sense. decision on the ABM Treaty a mistake the tools and support they need to The broader question we must ask and expressed his regret that President prosecute this war on terrorism suc- today is what constitutes not just ef- Bush intends to go forward with this, cessfully. Finding an effective defense fective defense against the ballistic but Putin and others in his administra- against missile attacks is important, missile threat, but whether in its en- tion have pledged that they will con- but these challenges are immediate, tirety we are pursuing a national secu- tinue to work with us on reducing stra- critical, and regrettably they are being rity strategy which makes us as safe as tegic nuclear arsenals and building a left unmet today. we can be against the whole range of new Russian relationship with NATO. Pushing forth first and foremost with threats we face as a nation, and what The response from Russia could have national missile defense does nothing should have been clear before Sep- been much different, much more dan- to address what the Pentagon, even be- tember 11 and what is evident with gerous and destabilizing, and I believe fore September 11, considered a much frightening clarity today is that there it would have been, before the events of more likely and immediate threat to are urgent and immediate September 11 changed Russia’s percep- the American homeland from terrorists vulnerabilities to our security which tion of the threats it faces and the im- and non-state actors, who might at- can and must be addressed, practically, portance of cooperating with the tack us with weapons of mass destruc- pragmatically, today. United States. But I am gratified that tion. As we are learning more about The President’s announcement today the Russians remain partners in a glob- Osama bin Ladin’s attempts to possibly reflects, I fear, misplaced priorities— al effort to increase security. acquire nuclear weapons and develop an unyielding obsession almost with a The situation with China is more chemical or biological weapons, it is threat which most measurements murky. While the administration has crucial that we stay focused on meet- would suggest is of lesser likelihood, briefed the Chinese leadership on its ing the WMD threat. and an almost cavalier willingness to missile defense plans, I don’t believe Our first defense against that threat nickel and dime security priorities of enough time or diplomatic effort has is a robust international effort on non- the first order. I remain disappointed been invested in convincing Beijing proliferation. but the President’s FY that the Bush Administration con- that this system is not directed at 2002 budget actually cut U.S. funding tinues to focus so much on its atten- eroding China’s small nuclear deter- for counter-proliferation programs to tion on the issue of missile defense and rent. The Administration must do deal with the huge weapons stockpiles a missile defense plan which will be more to reach a common under- of the former Soviet Union. Our former enormously expensive while at the standing with China that there is a colleague, Senator Howard Baker, was same time they cite expense as a rea- real threat from isolated regimes bent part of a study of these counter-pro- son why they will not today make the on terrorism and accidental or unau- liferation programs released earlier investment towards meeting our tre- thorized launches. If we fail to take this year. That study concluded that mendous homeland security chal- this task seriously, we will jeopardize the threat of proliferation from the lenges. stability in the Pacific. weapons stockpiles of the former So- Missile defense is important, but it is But, in my judgment, what is more viet Union is very grave, and efforts to a response of last resort, when diplo- striking about the President’s an- secure and destroy those weapons de- macy and deterrence have failed. No nouncement today is the homeland se- mand our immediate, robust support. missile defense system can be 100 per- curity measures left unaddressed, and The study recommended an increase of cent effective, and so we would be re- unfunded, in the Administration’s se- $30 million in funding for these pro- miss to discard entirely the logic of de- curity wish list. grams, but supporters of these pro- terrence that has kept us safe for 40 In his statements about missile de- grams on both sides of the aisle have years. Even in periods of intense ani- fense over the last several months, struggled mightily just to keep the mosity and tension, under the most un- President Bush has said over and over funding from being slashed. predictable and isolated of regimes, po- that this is only one part of a com- Consider also the homeland security litical and military deterrence have a prehensive national security strategy. needs so clearly being given short powerful, determining effect on a na- I could not agree more, but I am deeply shrift in an agenda dominated by nation’s decision to use force. We saw it concerned that the President’s words tional missile defense. Our security at work in the Gulf War, when Saddam are not matched by the deeds of his ad- needs are enormous, for certainly the

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.056 pfrm02 PsN: S14PT1 S13294 CONGRESSIONAL RECORD — SENATE December 14, 2001 last months have at least dem- withdraw within our border, with a are called up for active duty in service onstrated where some of the magical shield to protect us. All our to their country will get the same pay vulnerabilities lie. gold-plated weapons systems could not as they do in their civilian jobs. We must shore up not just the safety prevent the terrorist attack, and they According to the U.S. Office of Per- of our nuclear plants around the coun- can’t hunt down every terrorist. Our sonnel Management, the federal gov- try, but plants and nuclear weapons fa- national security depends on inter- ernment is by far the largest employer cilities around the globe. From making national intelligence, international of our nation’s military reservists. nuclear facilities less vulnerable from law enforcement, international finan- These reservists stand ready to serve the air, to investing in the trained per- cial transactions, international aid, in our country with honor, during times sonnel to ensure that cargo ships in short on our relations with other na- of peace as well as war. They are the American ports are not carrying dan- tions. finest examples of dedication and serv- gerous or stolen nuclear materials Yet for the first time since World ice our nation has to offer. meaningful steps can be taken to pro- War II we are walking away from a When federal employees who also tect Americans against a threat which major treaty, dismaying our friends serve as reservists are called to duty, was real before September 11 and looms and inciting those who could become they respond with pride, often facing larger today. our enemies. While Russian President significant pay cuts as they lose their The Administration can’t speak Putin has given a measured response, I normal civilian salaries. But the fed- about preparing to deal with bioter- fear our intransigence could endanger eral government does not supplement rorism, and in the next breath ignore cooperation not only on terrorism in the lost pay of our reservists. This is a that medicine must be stockpiled, that Asia but also on further reductions in travesty. nurses and medical professionals must nuclear arms. And China, whose much Our Nation has always placed a high be trained, and that massive invest- smaller missile arsenal is most directly value on the spirit of public service. ments in vaccines for diseases long be- threatened by our missile defense That’s why so many private employers, both large and small, are making sig- lieved to have been eradicated must be plans, will almost certainly build more nificant changes to provide more gen- made at a rapid pace. missiles, making the world less safe. We can’t honor firefighters, police For our close allies, abandoning what erous military leave policies, even in and rescue workers who died in the we used to call the ‘‘cornerstone’’ of the midst of a recession. If Safeway, World Trade Center if we aren’t willing arms control is just the latest in a se- IBM, Intel and Verizon can provide for to invest in the technology and innova- ries of provocations. Last week we their employees during times like tion that make these jobs safer. There torpedoed negotiations on the Biologi- these, then our federal government must care for its own as well. is little solace for postal workers killed cal Weapons Convention, having earlier Family members of federally-em- by Anthrax if the government is not axed a verification protocol, at a time ployed reservists are already starting committed to putting in place innova- when we face a biological weapon at- to feel the pinch of service. Amy Ben- tive ways to detect and combat future tack. Wouldn’t a little verification of nett, of Centreville, MD, can’t afford biological and chemical threats. foreign labs that use anthrax be useful the payments that she and her hus- Making our Nation’s rail system safe right now? We abandoned negotiations will come with a high price tag, but it’s band, a lieutenant in the Army Re- on the Kyoto global warming accord, serve, must pay for their home. Their trivial compared to the devastation gutted the small arms treaty, and family income will drop by $50,000 per that could be wrought by a single ter- walked away from the United Nations year. To respond to this, she was at rorist attack on passenger rail. More Conference on Racism. We rejected the first going to sell her car. Now, with an than 300,000 people pass through the Comprehensive Test Ban Treaty and 8-month-old son to care for, she must century-old rail tunnels under New dismissed the convention on land move in with her parents until her hus- York City each day, tunnels lacking mines. How can we expect full coopera- band returns. She’ll keep the car, but both ventilation and sufficient emer- tion from other nations on terrorism, even worse, she may be forced to sell gency exits. It is time to shore up the when we dismiss their concerns, refus- their home. security of our transportation infra- ing even to negotiate, on critical issues Janice Riley, of St. Mary’s County, structure before they become targets, including biological weapons, nuclear will work two jobs now that her hus- not when it is too late. arms control, and global warming? band, Sgt. Rob Riley, has been sent to These are security needs of a nation Make no mistake, we have no tech- Texas for training. Until he returns, he at war and a nation bent on returning nical need to withdraw from the ABM is forced to ask his mother to help Jan- to normalcy in the months and years treaty at this time. Most experts agree ice out with the bills. Lynn Brinker, of ahead, and they must be addressed. I that research and testing could con- Columbia, MD, expects her family to would say to you today, it’s time we tinue for years without violating the lose about $30,000 this year because her break out of a debate over whether present treaty. And the Russians have husband, Mark, was sent to Texas to we’re going to have a missile defense offered to amend the treaty if needed. join the rest of his 443rd Military Po- system or rely entirely on deterrence, Unfortunately, this administration re- lice Battalion. As a result, her neigh- a fruitless debate, ideological shadow- fused to take yes for an answer. If we bors are buying her meals, her baby- boxing and end the days of arguing at are to maintain international coopera- sitter and hairdresser are working for the margins. We need a serious, tion in defeating the terrorists, and free, and she has taken a line of credit thoughtful debate on the comprehen- also in protecting the global environ- against her house because no one can sive steps required, in every issue of ment, ending child labor abuses and take over the home improvement busi- national security, to make our Nation promoting human rights, and improv- ness Mark began 10 years ago. as safe as it can be, and until we do ing the global economy, we must our- Fifty-five thousand of our Nation’s that we are not offering the kind of selves show some regard for inter- reservists have been activated since leadership our citizens and our country national norms and concerns. Friend- the attacks of September 11th. This in- demands of us. And that is a debate of ship is not a one-way street. I hope we cludes about 3,000 Maryland area re- the first order of urgency, a debate too wake up to that fact before it is too servists, most of them federal employ- important to delay. late. ees. Their families sit and wait at Mr. HARKIN. Mr. President, I am f home, with no guarantee when their deeply disappointed that the President loved ones will return, and little means has announced that the United States RESERVISTS PAY SECURITY ACT to pay for their college funds, mort- is withdrawing from the Anti-Ballistic OF 2001 gages, car loans, and holiday gifts. Missile Treaty. The President is ada- Ms. MIKULSKI. Mr. President, I take This is simply wrong. I fail to see mantly pursuing a unilateral approach great pride in supporting Senator DUR- why these dedicated Americans should at a time when we so clearly need BIN in introducing the Reservists Pay be forced to leave their families finan- international cooperation in the war Security Act of 2001. This legislation cially vulnerable at a time when they against terrorism. We now know be- will ensure that the Federal employees have so many other things to worry yond dispute that we cannot simply who are in the military reserves and about.

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.058 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13295 This legislation is the same as the scrutinized with care, the formula that [From the Washington Post, Dec. 13, 2001] measure my colleague, Robert Wexler the Judicial Conference utilizes to cre- VA MEDICAL SYSTEM TO GET HARVARD of Florida, introduced in the House of ate judgeships is flawed and can be sub- INNOVATION AWARD Representatives this spring. But this is stantially manipulated. There needs to REPORTING, HANDLING OF HEALTH CARE ERRORS not the first time I’ve fought for the be serious congressional oversight of TO BE CITED rights of our nation’s reservists, or our the numbers, which is our responsi- (By Ben White) nation’s federal employees. In 1991, bility. We need to ensure that the The Department of Veterans Affairs health when so many of our brave reservists courts are employing all appropriate care system, long derided as a bloated bu- reaucratic mess, will be singled out for answered the call to fight for our coun- methods to take care of their caseloads praise today for its efforts to improve the try in the Persian Gulf, I sponsored and to make sure that they are uti- way medical errors and close calls are re- similar legislation. During the Gulf lizing all efficiencies and techniques. ported by health care workers and handled War, Senator DURBIN, the other spon- Moreover, we should be looking at fill- by hospital administrators. sor of this bill, who was then serving in ing appropriate existing judicial vacan- VA’s National Center for Patient Safety House, introduced the exact same legis- cies before we create new judgeships. (NCPS) will be the only federal program lation. among five winners of the annual Innova- tions in American Government awards from Before and since then, I have been a f the Institute for Government Innovation at part of many other efforts to make Harvard University. The awards are to be an- sure that those who work on behalf our VA COMMENDED FOR PATIENT nounced today. country, both here and abroad, are not SAFETY INITIATIVE Gail Christopher, executive director of the penalized simply for their service to institute, said the NCPS is helping foster a our country. This legislation will help Mr. ROCKEFELLER. Mr. President, ‘‘healthier culture of communication’’ in relieve the financial hardship being felt today I am proud to highlight the rec- which health care workers at VA’s 173 med- ognition given to the Department of ical centers are far more likely to report by so many of our dedicated citizens. It mistakes or close calls than in years past. will allow those who stand ready to Veterans Affairs for the high level of ‘‘It’s sort of a breath of fresh air for work- serve our country not to have to worry attention they have paid to patient ers who are used to being in an adversarial about how the bills at home will be safety in recent years. or litigious climate,’’ Christopher said. ‘‘It paid while they fight to protect the The Institute for Government Inno- meets a basic set of human needs, to strive way of life so many Americans enjoy. vation at Harvard University has an- for excellence while at the same time ac- We all hope that federally-employed nounced that VA’s National Center for knowledging the potential for human error. Its genius is really its simplicity.’’ military reservists achieve success in Patient Safety (NCPS) will be one of VA officials say the program, begun in their military duty, and return safely five winners of the annual Innovations 1998, produced a 30-fold increase in the num- to comfort at home. But our efforts in American Government awards. An ber of accident reports in just 16 months and abroad should not compromise the liv- article in yesterday’s Washington Post a 900-fold increase in the number of reported ing standards of them or their families, brings this achievement to national at- close calls over the same period. These num- and our efforts to relieve their plight tention and details why VA’s Center bers reflect not an increase in mistakes, they cannot wait. was the only federal recipient of the say, but rather a big jump in the willingness I strongly urge my colleagues to join of doctors, nurses and other workers to re- award. port problems. me in standing up for our active duty It’s apparent that the NCPS has cul- The agency began to focus on the issue citizens, the federal employees who tivated a culture within VA that pro- after a 1999 report by the Institute of Medi- serve our nation in peace and, as re- motes communication and therefore cine estimated that 44,000 to 98,000 Ameri- servists, in war, by supporting this enables health care staff to feel more cans die each year as a result of medical er- very important legislation. rors. comfortable about reporting medical VA Secretary Anthony J. Principi said f errors or even concerns that they have NCPS has created a centralized mistake-re- HOLD TO S. 1805 about patient safety. VA launched this porting system that helps staff analyze and initiative in 1998, but it received a address repeat problems while also estab- Mr. GRASSLEY. Mr. President, I major push in 1999 when the Institute lishing a new culture in which the emphasis would like to inform my colleagues of Medicine released a report esti- is on addressing the root causes of errors that I have lodged an objection to the mating that 44,000 to 98,000 Americans rather than punishing those who make them. Senate proceeding to S. 1805 or to any die each year due to medical mistakes. ‘‘We look at entire systems now, not just, other legislation or amendment that say, a nurse who [makes a mistake] because This award demonstrates how VA has converts temporary judgeships to per- she is pressed for time,’’ Principi said in an pioneered the establishment of the manent judgeships. interview yesterday. He noted, however, that When there is a temporary judgeship type of culture which must exist. Ac- VA will still punish anyone who ‘‘inten- cording to the article, many health tionally and criminally hurts a patient.’’ on a court, when the temporary judge- In addition to the improved, confidential ship expires, the next permanent va- care providers in the private sector have started to model their patient mistake-reporting system, NCPS has set up cancy that occurs will not be filled and a voluntary external system, modeled after a will be deemed not to be a vacancy, so safety models around that of the NASA program, that allows any individual that the total number of permanent NCPS. This was a driving force behind to report medical mistakes or close calls judgeships allowed by law stays the the Institute for Government Innova- anonymously. tion’s decision to recognize VA’s ef- NCPS Director James P. Bagian said the same. On the other hand, the net effect anonymous system serves as a safety valve of converting a temporary judgeship forts by giving them this honor. For a long time now, I have pushed to make sure serious problems that VA into a permanent judgeship is the cre- health workers might feel uncomfortable re- ation of a new permanent judgeship for VA to pay closer attention to patient porting, even confidentially, do not slip un- that court. The creation of new judge- safety, as it has been an issue of con- noticed. ships should not be taken lightly. cern in the past. This is why I am glad Bagian cited a flawed pacemaker and a po- As you know, I firmly believe that to finally see VA on the cutting edge of tentially deadly ventilator as examples of the Federal judiciary should not be ex- patient safety, and being acknowledged problems the NCPS regime has helped identify and correct. But he said the biggest suc- panded prior to comprehensive con- for it. Our veterans deserve nothing less than highest standards of health cess has been the change in culture. VA gressional oversight. Congress has not health care workers now know they will be held a single hearing in this Congress care. identified publicly and punished only if they on whether additional judges are nec- I ask unanimous consent that an ar- deliberately cause harm to a patient, accord- essary for the Federal courts, and spe- ticle from The Washington Post, de- ing to Bagian. If a worker simply makes a cifically has not evaluated whether tailing VA’s patient safety program mistake, he can report it confidentially and there is a need to convert the tem- and the award, be printed in the a team will assess the case, addressing the porary judgeships contained in S. 1805 RECORD. cause of the error rather than the individual responsible. into permanent judgeships. Arguments There being no objection, the article ‘‘We no longer focus on whose fault it is,’’ that the Judicial Conference has rec- was ordered to be printed in the Bagian said, noting that the handbook ex- ommended these changes should be RECORD, as follows: plaining the new approach is written in plain

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.095 pfrm02 PsN: S14PT1 S13296 CONGRESSIONAL RECORD — SENATE December 14, 2001 English, rather than in the legalese of the time the workers in Iowa will quickly fully, its revitalization into a bustling and past. ‘‘Instead we ask: What happened? How receive the support they need. diverse downtown neighborhood. did it happen? And what can we do to pre- Another provision in the bill provides Today, Westminster is on its feet, growing, adapting, serving its faith in a community vent it in the future?’’ $1 million for a health study for work- The award carries a $100,000 grant to help that the congregation’s first members could VA further the program and let others know ers on the Army side of the plant. The not have imagined. For more than a century, about it. Harvard’s Christopher said VA University of Iowa is in the second we have seen it all. earned the award in part because so many year of a study funded by the Depart- private health care and hospital companies ment of Energy of the health effects of A foreign correspondent recently wrote are already seeking to emulate NCPS. exposures on workers at the nuclear that what struck him the most about Amer- ‘‘Clearly, the problem this program ad- weapons facility. The new funds will ica was that we all seemed to have a sense of dresses is of monumental significance,’’ she begin a similar look at the health of ownership in our country. He’s right—we do said. ‘‘and word has spread rapidly within workers on the Army side of the plant, own our country. the health care community.’’ who were exposed to many of the same That’s why we all came together, in an in- f stant, on September 11. radioactive and toxic substances. The That unity is no coincidence * * * it flows DEFENSE APPROPRIATIONS work is to be done in conjunction with from our American ideals of justice, open- the Department of Energy study. I be- ness and freedom. That unity is by choice, Mr. HARKIN. Mr. President, I would lieve that these two provisions will not by chance. Almost every American gen- like to highlight two provisions in the help the workers on the Army side of eration, when pressed by crisis, has had to Defense appropriations bill we passed the plant to address the same questions renew that choice and defend our ideals—not last Friday night that are of great im- only abroad, but here at home. that workers at the nuclear facility in Abolitionists argued that slavery was importance to Iowans. I have spoken here Iowa and around the country have before of the continued health and en- moral, and soldiers fought a war to end it faced: what dangers have they encoun- . . . the suffragists struggled for women’s vironmental legacy of the nuclear tered while serving our country, have right to vote . . . the civil rights movements weapons work at the Iowa Army Am- they been harmed, and how can they persuaded us that all Americans must be free munition Plant, of conventional muni- get help? from discrimination . . . the women’s move- tions work at the same plant, and of I would like to thank the managers ment profoundly enhanced opportunities for the secrecy issues that make it dif- American women . . . and, at our best, we of the bill for their assistance in in- have reached out to make American life ficult to help the workers there. In the cluding these provisions, in passing an- last couple years the Department of more open and accepting to everyone. other amendment I offered on the Iowa Roosevelt once said that America’s great Energy has made real, if slow, progress National Guard’s CIVIC project, and in goal has been ‘‘to include the excluded.’’ I toward addressing these issues. Two addressing other concerns of the people believe that’s what we have done. provisions in this year’s Defense appro- of Iowa in this bill. I was a part of the civil rights struggle and priations bill promise similar progress served in the Senate when many of the key in addressing concerns of workers on f civil rights law were passed. I worked under the Army side of the plant. a president who was the first southerner FORMER VICE PRESIDENT WAL- elected to the office in 120 years . . . elected, Last year an amendment I offered to TER F. MONDALE’S REMARKS AT in part, because a southerner could finally the Defense authorization bill required WESTMINSTER PRESBYTERIAN champion civil rights and bring our Nation the Pentagon to review its secrecy CHURCH closer together. policies to ensure that they do not It all came together for more at the 1984 harm workers at defense nuclear facili- Mr. DAYTON. Former Vice President Los Angeles Olympics. Civil rights laws had ties, to notify workers who may have Walter F. Mondale, one of Minnesota’s knocked down the barriers to black and His- been harmed by radioactive or toxic greatest Senators and statesmen, re- panic participation in sports. And we had recently spoke in Minneapolis at West- cently passed title nine, over huge objec- exposures at these plants of these expo- tions, which required schools receiving pub- sures and of how they can discuss them minster Presbyterian Church, of which I am a member. I found his insights lic money to provide equal athletic opportu- with health care providers and other nities for young women. officials, and to report back to Con- into our country’s present situation When I watched American athletes of all gress. But six months after the bill and our current deliberations to be colors, men and women, winning one gold passed the Secretary had not even des- most valuable. I ask unanimous con- medal after another and astounding the ignated an official to carry out the pro- sent to print the former Vice Presi- world, I saw our Nation’s long march toward dent’s speech in the RECORD for the openness and justice being justified right be- vision. There still has been no notifica- fore our eyes. America was the best because tion and no report to Congress. benefit of all my colleagues. There being no objection, the mate- we had tapped all of our talent. My amendment to the Defense appro- The wonderful American historian, Ste- priations bill this year clarifies that rial was ordered to be printed in the phen Ambrose, spoke in Minneapolis the provision by explicitly including em- RECORD, as follows: other day about the long-term prospects for ployees of contractors and subcontrac- WESTMINSTER PRESBYTERIAN CHURCH FORUM America versus Bin Laden and his fellow ex- SPEECH BY WALTER MONDALE tremists. tors of the Defense Department, a col- America has a great advantage, Ambrose Thanks, Pastor Hart-Anderson for that loquy last year between Senators said. In today’s world the trained mind is the kind introduction and thanks for your gifted LEVIN and WARNER and myself had most valuable of all assets. In America, we leadership of this wonderful congregation. tap all of our talent, while the Taliban and clarified this intent, and by limiting Joan and I are glad to be members of West- other medievalists shut it off—by closing the its scope to facilities that manufac- minster. door to women, by requiring you men to ture, assemble, and disassemble nu- I love this magnificent and historic sanc- spend all of their time repeating extremists clear weapons. The amendment also ap- tuary where we meet today. It was 1897—104 doctrines by rote, and by suppressing science years ago—when Westminster congregants plies similar provisions to the Army and debate. side of the Iowa Army Ammunition first gathered here. By wasting their good minds, they will Plant. It requires the Department to Some of the men who came to worship here fail, Ambrose said. determine the nature and extent of ex- in those first days may well have been vet- Just as we saw America prevail at the ’84 erans of the Civil War; some may have Olympics by tapping all our talent, we will posures of current and former workers fought at Gettysburg. Seventeen years after there to radioactive and other haz- see our openness and freedom give us the that first service, the first boat passed edge in this newer, grimmer challenge. ardous substances. It requires the De- through the new Panama Canal and World And we have another advantage. partment to notify the workers of such War I broke out in Europe. And can you Roger Cohen, a senior New York times Eu- exposures and of how they can discuss imagine how parishioners must have felt as ropean correspondent, recently wrote that them with health providers, cleanup of- they worshipped here that grim Sunday ‘‘Hitler promised the 1,000 year Reich; Com- ficials, and others. These actions are to morning of December 7th, 1941? munism promised equality; Milosovich be taken, and the Secretary is to re- Westminster has also lived through pro- promised glory. All the West Offers is the found changes in our Minneapolis commu- rule of law, but that’s enough. port back to Congress, within 90 days nity. From its beginning at the center of the Under our constitution, the rule of law has of passage of the Act. I am pleased that Presbyterian community living nearby, the meant that our public officers must be ac- the Defense Department has supported church has lived through the hollowing-out countable to the law: this idea runs through- this amendment, and I hope that this of Minneapolis’s central city, then, thank- out our system.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.052 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13297 The House and the Senate account to each ADDITIONAL STATEMENTS double the width of competing brands. The other; the Congress to the President, the paper wouldn’t feed into the machine prop- President to the Congress, both to the erly, causing tearing. It was scientifically courts, and to the American people; a pros- HONORING ROBERT STILLER AND processed; Stiller discovered that storing a ecutor to the judge (appointed for life) and GREEN MOUNTAIN COFFEE bobbin of paper for three weeks in a humidi- jury and all of it subject to appeal. It is one ROASTERS fied room prevented the raw material from of the great paradoxes of that document: on ripping. ‘‘People expected to see potheads, the one hand, the constitution reveals our ∑ Mr. LEAHY. Mr. President, I rise but we were more efficient at paper conver- founders’ abiding faith in democracy—in the today to congratulate Robert Stiller, sion than any manufacturer at the time,’’ he people, while on the other hand, the framers Founder and Chief of Green Mountain recalls. E-Z stoked its sales to $11 million be- were very suspicious of human nature when Coffee Roasters, who has been awarded fore Stiller and a partner sold out in 1980, clothed with unaccountable power. This each pocketing $3.1 million. the ‘‘Entrepreneur of the Year Award’’ Twenty years later he still has a knack for principle is not a detail; it is crucial to by Forbes Magazine. America’s phenomenal success. experimentation—in the humble business of Before establishing success on the selling coffee beans. Founder and chief exec- Our founders made this very clear in the national level, Bob owned several re- utive of Green Mountain Coffee Roasters remarkable federalist papers. In them, Madi- (nasdaq: GMCR—news—people), 58-year-old son, and Hamilton famously observed: ‘‘What tail coffee stores in Vermont and Stiller is constantly trying out new tech- is government itself, but the greatest of all Maine. Unable to afford advertising, he nologies, backing other entrepreneurs with reflections on human nature? If men were gave away free samples at wine and untested ideas and taking risks with sup- angels, no government would be necessary. If food festivals and to organizations like pliers that, on the face of it, appear slightly angels were to govern men, neither external the Cub Scouts and Ronald McDonald crazy. ‘‘Bob has that sense of not what is, nor internal controls on government would House. Always in search of new cus- but what could be,’’ says Nick G. Lazaris, be necessary, but in framing a government tomers, Bob began selling his coffee to chief executive of Keurig, which makes cof- which is to be administered by men over high-end restaurants and to gas sta- fee-brewing machines and is a partner of men, the great difficulty lies in this: you Green Mountain. must first enable the government to control tions with a goal of serving the same high-quality of coffee at both. That The road less traveled is strewn with the governed; and in the next lace oblige it riches. Green Mountain ranks 16th on the to control itself ..... a dependence on the strategy and innovation contributed to Forbes 200 Best Small Companies ranking, people, is no doubt, the primary control on his company’s growing success. its second year on the list. Sales have grown government; but experience has taught man- Stiller’s success stems from his will- an average 24% over the last five years to $84 kind the necessity of auxiliary precautions.’’ ingness to take risks within the busi- million for the year ended Sept. 30, 2000; Maintaining the rule of law takes a lot of ness world and his knowledge of mod- earnings per share have been growing at 43%. nerve. And over our history we have occa- ern technological advantages. By in- In the quarter ended July 7, net income rose sionally lost it during moments of great vesting in innovative packaging tools 67%. Its stock has more than doubled in the threat. that extended the shelf-life of their cof- past 12 months, outperforming those of both In 1798, Congress passed the notorious alien Starbucks and a closer rival, Peet’s Coffee & and sedition acts. David McCullough in his fee, Green Mountain Coffee Roasters Tea. Stiller’s 48.5% stake is worth $89 mil- marvelous new history of John Adams, wrote has made significant breakthroughs in lion. that President Adams’ signatures on the modern brewing. They pioneered ef- Green Mountain has put down deep roots those bills were ‘‘the most reprehensive acts forts to do what few coffee vendors near its headquarters in bucolic Waterbury, of his presidency.’’ During the Civil War, have been able to master: keeping con- Vt. Three of every 10 pounds of roasted beans President Lincoln abolished the writ of ha- venience store coffee fresh. are sold in Maine, New Hampshire and beas corpus. In World War I, Minnesota es- Green Mountain Coffee Roasters Vermont. But this is a national company, de- tablished the shameful public safety com- riving 95% of its revenue from 6,700 whole- ranks 16th on the ‘‘Forbes 200 Best sale customers that include convenience mission, which held public hearings all over Small Companies’’ list, and sales have the state to test the loyalty of German- stores, gas stations, supermarkets, offices American Minnesotans and remove the continued to grow an average of 24 per- and restaurants. doubtful from office. At the beginning of cent over the last five years. New Lesson: Don’t forsake marketing. if you World War II, Federal officials arrested thou- roasters they recently purchased will cant afford it, try giving away your product. A born tinkerer, Stiller spent weekends sands of Japanese-Americans and herded allow them to package and sell over 40 and holidays during his youth toiling at them into ‘‘relocation’’ camps without any million pounds of coffee a year, avail- Stillman Manufacturing, his dad’s Bronx, credible evidence of disloyalty. during the able at convenience stores, gas sta- N.Y. company that made one of the first tu- worst of the Cold War, Joe McCarthy pan- tions, supermarkets, offices, and res- bular heating coils for electric stoves. While icked our Nation and during the turbulent taurants nationwide. And their stock still in high school, Stiller designed one ma- days of the civil rights struggle, F.B.I. Direc- has more than doubled in the past 12 chine that handled milling, cleaning and tors, Hoover, decided that Martin Luther threading of a heating element. College was King was a dangerous man who needed to be months, outperforming competitors like Starbucks, and Peet’s Coffee & a chore; he couldn’t maintain a C average— hounded daily and destroyed as a public lead- or what the college called a proper attitude— er—even though King’s message of non- Tea. to remain at Syracuse University and ended violence may have saved our Nation. Again, I congratulate Bob Stiller and up with a degree in business from Parsons In all of these cases, after we had regained all his employees at Green Mountain College in Fairfield, Iowa in 1967. He landed our confidence, we could see that we had al- Coffee Roasters for receipt of the at Columbia as a data-processing manager. lowed our fear to get the better of us, and Forbes award. I ask that the Forbes After cashing out of the rolling paper busi- that we had hurt innocent people, com- Magazine article, ‘‘Entrepreneur Of ness, Stiller found himself at his ski condo in promised our ideals and shamed ourselves. The Year: Java Man,’’ and a Rutland Sugarbush, Vt. wondering what to do next. Today we again have much to fear. One night, as he enjoyed a rare cup of coffee Daily Herald article, ‘‘Coffee Company, at a restaurant, he woke up and smelled the These are tough times and they require de- Founder Grab The Spotlight,’’ be made cisive action. We must find and punish our opportunity. A couple of days later he vis- attackers, and make clear that aggression a part of the RECORD. ited the small roaster in Waitsfield, Vt., against our country will not be tolerated. We The material follows: where the restaurant bought its beans. For must also try to prevent future terrorism, by [From Forbes Magazine, Oct. 29, 2001] the next few months he roasted his own beans, using a hot-air popcorn popper at one learning much more about the threats ENTREPRENEUR OF THE YEAR: JAVA MAN point, a cookie sheet at another, brewing around and among us. We must give our in- (By Luisa Kroll) telligence and law enforcement agencies the batches of coffee for friends. Stiller ended up Bob Stiller’s long-shot bets have turned resources and authority they need to do buying the Waitsfield store with a partner Green Mountain Coffee Roasters into one of these difficult jobs. and giving the store owner an equal one- the smartest small companies in America. third stake in Green Mountain. Within two But we can be vigilant and deceive without Don’t let his look of blissful relaxation fool years he became the sole proprietor, buying giving in to fear. We can do everything we you. Robert Stiller’s head is constantly boil- out both partners for $100,000. need to do to protect ourselves within our ing with new ideas, many of them at odds The business seemed doomed from the constitution, and we will be stronger if we do with those of almost everyone around him. start. Holed up in an office over a movie the- so. For history has taught us over and over Some of the ideas lose money. Every now ater, Stiller lent the company $1 million, but again that the rule of law, openness and tol- and then one makes a bundle. still had to pay salaries with credit cards. erance will prevail over injustice, oppression Stiller’s first big hit was selling rolling His $30,000 line of credit was snatched from and hate. paper on the drug-sodden campus of Colum- him after he went to the main branch of the It is our great advantage. bia University in the early 1970s. His brand, bank in search of more money. What loan of- Thank you. E-Z Wider (a little jab at the cult film), had ficer dared believe in this venture? This was

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.073 pfrm02 PsN: S14PT1 S13298 CONGRESSIONAL RECORD — SENATE December 14, 2001 a decade before Starbucks reached the East Source: Forbes estimates, using Green Moun- out there because I always felt there isn’t Coast, and a cup of joe was just something to tain’s FY 2000 financials. great coffee out there. When people get used wash down the morning eggs and toast. Leaning forward so often, Stiller has occa- to drinking great coffee, they just don’t go Stiller added retail stores in Vermont and sionally fallen off his perch. Anxious to ex- back to the commercial grades. So, I knew Maine, and insisted on roasting only arabica pand, he took the company public in 1993, that was going to work. I really didn’t envi- beans, grown at higher altitudes and pricier but couldn’t meet Nasdaq listing guidelines sion the awards. I really didn’t feel we would than the robusta variety. Unable to afford and traded for four years on Nasdaq’s minor be as strong as we were with the social type advertising, he gave away samples at wine league system (called the Nasdaq SmallCap of issues like the organic and the fair trade and food festivals and to organizations like Market). With the $11.5 million raised, he in- coffees. the Cub Scouts and Ronald McDonald House. vested in mail-order catalogs, opened five re- Q: When you think of Vermont you think The red ink flowed, $1.4 million cumulatively tail stores and hired a bunch of seasoned out- of maple syrup. Coffee, on the other hand, is from 1981 to 1985. siders. He also spent $500,000 on packaging hardly indigenous to the state. Where did Always on the prowl for new customers, equipment that flushes out the oxygen with you come up with the idea for a coffee com- Stiller began selling to high-end restaurants puffs of nitrogen to improve shelf life. pany? and specialty stores. He bought a personal Stiller wanted to invest now in anticipa- Stiller: Actually, a friend had started a computer and hired a programmer to write tion of future growth. Such improvements small shop at the end of 1979 with a couple software that traced customers’ orders, de- had a cost. The company lost a combined $4.7 that had come up from Connecticut. Their liveries and payments. Ever since, he has in- million in fiscal 1993 and 1994. For ten brother had been in the coffee business and vested heavily in technology, becoming one months Stiller stopped matching contribu- they opened a small shop here in Vermont. I of the first customers of Praxis, which devel- tions to the 401(k) program, and imposed a got to know them and I wanted to expand oped a program to monitor and adjust heat hiring freeze. The bigger growth lay with the that concept. I really wasn’t much of a coffee levels in the roasters appropriate to each bag wholesale business. Green Mountain shut- drinker at the time. When I had great coffee, of beans. ‘‘Some say there is an art to great tered its 12 stores in 1998, at a cost of $1.3 it was like this is terrific and we wanted to coffee,’’ says Stiller. ‘‘I don’t care how artis- million. carry that concept further. Q: What kind of competition do you face? tic you are, there are too many factors in Lesson: Don’t be afraid to increase capac- There are obviously a lot of coffees out there play. You need the technology.’’ ity for a level of business that doesn’t yet and your coffee is a premium brand. exist. Which is why the fellow with the tube- Stiller: We provide a better product that Vermont being Vermont, it goes without bending machine and the rolling-paper proc- people are willing to pay more for. Some- saying that Green Mountain strives for a do- ess has installed $2.5 million worth of soft- times they’ll use less of our coffee than the gooder image, giving away 5% of pretax prof- ware from PeopleSoft to track distribution, commercial coffees and get a more satisfying manufacturing, sales and personnel. At the its to ‘‘socially responsible’’ causes. ‘‘I’m not cup of coffee. There are ways to get around time this software project got under way doing it because I want to give money away the economics of it. People will also find it Green Mountain had only $33 million in sales to charities,’’ he confesses. ‘‘What we’re a little bit finer than some of the commer- and was PeopleSoft’s smallest customer for doing makes the most business sense.’’ cial grades and get better extraction in the Example: providing startup funding for 100 the product. ‘‘Green Mountain,’’ says Mi- brewing process. We compete by offering bet- small-scale farmers who formed a coopera- chael Frandsen, PeopleSoft’s general man- ter solutions to customers, like a super- tive in Sumatra, Indonesia. Since then, pro- ager of supply chain management, ‘‘is one of market, to sell the product. We merchandise duction has increased almost sixfold—18% of the most aggressive small companies I’ve the coffee better. We work with the staff to its arabica going to Green Mountain. Stiller come across.’’ educate them and support the product. A lot was one of the early backers of ‘‘fair trade’’ As when Stiller ignored the grumbling of of the commercial companies don’t want to coffee, which pays farmers what they need to some board members over selling his pre- get into (that). They just want to put it on break even and clear a small profit. All this mium coffee to grungy gas stations. He the shelf and have it sell. We differentiate draws customers like Columbia University thought it was a good way to spread the ourselves by offering the higher levels of and natural food stores. brand; the trick was to make sure the coffee service that in turn provide a value to the Stiller has gradually backed away from the at ExxonMobil was brewed as carefully as it consumer. was at New York’s Harvard Club. So along day-to-day business, acting more as teacher Q: Where do you buy most of your coffee with its beans, Green Mountain bundled than taskmaster. He meditates 45 minutes beans? services and tools, including coffee ma- every day and, despite enduring the occa- Stiller: Central and South America. Also chines, cups, banners and training. Stiller sional pair of rolling eyes, nudges his staff to Mexico. We have other coffees that come created one- and two-day courses for cus- study ‘‘appreciative inquiry,’’ a management from Africa and Indonesia. tomers with instruction about coffee farm- technique developed at Case Western Reserve Q: What makes the quality of your coffee ing, grinding and filtering. Now ExxonMobil University that encourages people to learn beans different? is its biggest customer, representing 17% of from their successes—what produced a great Stiller: It would be the taste profile of that sales last year. Last November Green Moun- batch of roasted beans, for instance, or the particular coffee being representative of the tain signed a five-year agreement, beating last deal that closed—instead of their mis- area that it comes from. You want the taste out 11 rivals, to supply all 1,100 ExxonMobil takes. to sort of epitomize where that coffee comes company-owned stores and 500 franchise lo- Is this still a growth company? Probably from. And we are very selective in getting cations. not the one it used to be. The Delta Shuttle the taste of that coffee as good as it can be. Another long-shot bet: backing three un- will be buying less, and Starbucks, with help You also look at the highest-grade coffees. known entrepreneurs peddling a single-serve from Kraft, is muscling into the grocery- Each of the countries has a grading system. coffee system. At the time, they held the store channel. Stiller predicts sales growth And we would also select the highest grades patent on filter-wrapped individual portions will be 15% to 20% next year, below its five- available. A lot of companies are just inter- of ground coffee, but had no product ready year average. But he’s still a risk-taker. He ested in the cost aspect and don’t look for for market. Stiller invested $150,000 for a 1% is spending $2 million for a couple of roast- the taste profile. stake in Keurig. Green Mountain patiently ers, which will boost capacity from 15 mil- Q: How much coffee do you import each worked with them on product quality and lion pounds to 40 million pounds a year. It year and is it all processed in Waterbury? flavor. Finally, in 1998, the Keurig machine will be a long time before demand catches Stiller: We’re about 12 to 13 million pounds rolled into offices like up. But Stiller is sure that day will come. of green coffee a year. We roast all the coffee PricewaterhouseCoopers. Green Mountain, here and package it and ship from here. which produces K-Cup individual packages of [From the Rutland Herald, Nov. 5, 2001] Q: What’s the size of the Vermont oper- coffee at its factory, pays Keurig an undis- COFFEE COMPANY, FOUNDER GRAB THE ation? Stiller: In the Waterbury area, we employ closed royalty based on the number of pack- SPOTLIGHT about 300 people. There’s a little over 500 in ages it sells. Last year K-Cups contributed [By Bruce Edwards] 15.7% of Green Mountain’s revenues. the organization. We have a 90,000–square- An interview with Robert Stiller, the foot production, roasting, warehousing facil- DAILY GRIND founder and president of Green Mountain ity. We just purchased a couple of roasters A grower of fancy coffee gets maybe a dol- Coffee Roasters in Waterbury. Stiller was re- that will substantially increase our roasting lar a pound. How come you pay $9? Here’s cently named Forbes’ magazine first ‘‘Entre- capacity. With the new roasters we’ll be able how the wholesale price adds up, even before preneur of the Year.’’ The magazine also to roast over 40 million pounds a year. the retail markup. Cost of 1.25 pounds of ranked the company as one of the ‘‘200 Best Q: Much of your business is wholesale as green beans* $1.25; shipping, 0.16; other costs Small Companies in America.’’ opposed to retail? of goods**, 3.22; overhead***, 2.46; profit****, Question: When you started Green Moun- Stiller: We don’t have any retail shops. 0.62; wholesale price*****, $7.71. tain Coffee Roasters in 1981, did you have a The supermarkets in some industries define *20% weight loss in roasting. **Packaging, vision for the company. And are you sur- that as retail. The bulk of our coffee is sold services, cups. ***Selling, sampling and ad- prised at the success you’ve achieved? 25 percent through the supermarkets, about ministrative costs. ****Operating. Robert Stiller: I didn’t envision the success 25 percent through the office distributors *****Average yield to Green Mountain in- the way it has come about. I felt we may and then another 25 percent through conven- cluding supermarket coffee and brewed cups. have been further along in getting the coffee ience stores.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.086 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13299 Q: How were you able to land these large Q: You have a director of social responsi- part of the Butte-Silver Bow Law En- contracts like the Exxon Mobil convenience bility to oversee that area of the company? forcement Commission, or even a mem- stores, Amtrak and Delta airlines? Stiller: I think consumers are looking for ber of the county’s Study Commission, Stiller: Mobil came to us over 10 years ago more of that from companies. A lot of the Ron rolled up his sleeves and Butte and we got one convenience store that was people here are really motivated to make a right across from a Dunkin’ Donuts. The difference in the world. They feel it’s the reaped the benefits. He also made a owner said if you can do anything with this right thing to do. commitment to the local Exchange location I’ll talk to you about the rest of the Q: The economy is either in a recession or Club and the Pachyderms. He even bat- stores. And we increased the coffee sales of close to a recession. Have you seen any indi- tled Butte’s frigid temperatures to help the store about five times. So we got the rest cation of that in your business? Or is coffee the Salvation Army during their an- of that chain, which led to recognition in the one of those products that consumers regard nual bell ringing fundraiser at Christ- area and we just kept getting more conven- as a necessity? mas time. ience stores. They tested us against all the Stiller: It is a necessity. People enjoy it. Those who know Ron Cass know that other coffee companies and found that our It’s part of their life. It’s an energizing expe- products did indeed sell better. We offered rience. It’s reflective in a sense. You sort of his personal participation is not for better support. And then we signed a con- take a break for coffee. And lots of times personal glory or a Butte parade on St. tract with Mobil for five years. ideas come to you with that reflection. In Patrick’s Day. Ron’s involvement Q: Your company has also come up with troubled times, people might drink more cof- comes from his desire to give back; some technological innovations. fee. In the overall scheme of things, there give back to the very folks who helped Stiller: I think the whole convenience might be a little bit of a downturn but it him succeed in Montana when he first store area was initiated with our use of air wouldn’t be very significant. arrived and decided to raise a family in pots or the vacuum pump, thermal server. Q: You’ve been doing business in Vermont Butte. Because historically the coffee wasn’t able since 1981. Has the state been a difficult to be kept fresh at the convenience store place for your company to do business? Today, Ron cherishes his family and level. And with those servers we were able to Stiller: I think it’s been a great experience. many friends as he begins his retire- offer a variety of coffees with a much longer The Vermont name has added a lot (of ment. His children, Barbara, Lura, and shelf life than coffee sitting on a burner. value). I think the people we have hired are Dan—and his grandchildren, Timothy, We were one of the first to recognize the wonderful. There is a real sense of integrity Sean, Alex, Andrew, and Jake—and of sustainable issue with coffee. We tried to and a hard work ethic. We haven’t had too course, his fiance, Nancy all agree that work with the farms to improve the farms, many problems with the permitting process. ‘‘Poppa’’ is a true role model. the product and the workers. It makes sense We’ve always felt supported by state govern- About the same time he decided to from a business point of view that if the peo- ment and other agencies within the govern- contribute his talent, energy, and ple are taken care of you’re going to have a ment. The only issue has been in the banking better product. Nobody that is treated poor- area where we have had trouble getting the strength to Butte, his grandson, Alex, ly is going to put their heart and soul into credit lines from local banks. We went down was born with Down Syndrome. From developing a good coffee. to Boston years ago and have been banking that day on, Ron made it his mission to Q: It appears you followed Ben & Jerry’s out of the state.∑ support and encourage Alex in all that philosophy of social responsibility. he would choose to do. That has in- Stiller: It’s been very important to us. I f cluded his grandson’s efforts in Special think it’s been very motivational to people PAYING TRIBUTE TO RON CASS Olympics and the joys of mainstreamed in the company knowing that they are ∑ achieving a greater good in the world Mr. BURNS. Mr. President, I rise education. through what we do. We’ve had sustainable today to pay tribute to Ron Cass, a Ron Cass’s unselfish actions through- coffees for quite a while. And that led the in- man who embraces the idea that one out his CBS Television Network career dustry in organic and fair trade (coffees). person can truly make a difference. transcend the airwaves. His actions are We’ve also encouraged our customers like Ron is retiring after 28 years with shown today in the quality of his fam- Exxon Mobil. It was the first convenience KXLF–TV as General Manager in ily’s lives and the many friends who store on a national level to have an organic Butte, MT. While his job required a will gather and honor him before or coffee as their coffee of the month. This year keen sense of community, it was his they’ve done a fair trade coffee. after his last ‘‘working’’ day. Q: What do you mean by a fair trade cof- dedication to his family and the city of I would like to take this opportunity fee? Butte that I want to recall today. to personally thank Ron for all he has Stiller: A fair trade coffee is certified that Ron joined KXLF in 1974 and worked done to benefit the City of Butte, and the farm that it comes from is a co-op. It’s his way up the corporate ladder. He the State of Montana. I want to wish owned by the farmers. They get a minimum was named President of KXLF Commu- him well in his retirement. While I am wage. So that they can live off of that. It’s nications, Inc. in 1986 and later added certain he will be spending plenty of a major factor right now in that coffee is the the management of KBZK in Bozeman, time within the community he holds so second largest commodity behind oil. But unlike oil, coffee is a product of the people. MT. Born in Harlowton, Ron started close to his heart, I’m also certain that There are 25 million farmers involved in out as a disc jockey but soon chose tel- he’ll be enjoying the Treasure State on farming and developing coffee. And about 75 evision as his medium of choice. I be- the back of his motorcycle with the percent of them are small farms. So if a lieve he chose wisely. wind in his hair.∑ farmer can’t earn a living and support a fam- During the past several years, Ron f ily with coffee, what do they do? They turn has been instrumental in helping me to the government for support or they can understand a variety of telecommuni- MEASURE REFERRED turn to other illegal crops. We’re talking cation issues. He has given me his ideas The following bill, previously re- about a life and death situation for these ceived from the House of Representa- people. The break-even point for coffee is freely and helped me to understand not about 85 or 90 cents (a pound). It doesn’t pay only the growing complexity of the in- tives for concurrence, was read the for them to produce good coffee. Coffee dustry but also the need to remember first and second times by unanimous prices are below 50 cents right now. So a lot what is important for Montana TV consent, and referred as indicated: of the work that goes into good coffee is not viewers who rely on the medium for H.R. 3282. An act to designate the Federal happening. Sometimes they will pick coffee their information. building and United States courthouse lo- four or five times during the harvest season. Meanwhile, Ron found himself com- cated at 400 North Main Street in Butte, Now, they’re picking it once because they plaining about the current state of af- Montana, as the ‘‘Mike Mansfield Federal can’t afford the pickers. This whole fair Building and United States Courthouse’’; to trade initiative was really developed to guar- fairs in his hometown of Butte. He re- the Committee on Environment and Public antee economic stability for the farmers and alized rather quickly that talking Works. with that almost guarantees more of a de- about problems didn’t produce re- f mocracy in a lot of these Third World coun- sults—actions certainly speak louder tries because it provides that economic sta- than words. Ron went into action. He ENROLLED BILLS AND JOINT bility. now has a long list of accomplishments RESOLUTIONS PRESENTED Q: Has NAFTA, the North American Free and I believe that Butte is a better The Secretary of the Senate reported Trade Agreement, had any effect on your business? place today because of his efforts. that on today, December 14, 2001, she Stiller: It doesn’t really come into play. I Whether as President of the Butte had presented to the President of the think it’s more for manufactured goods as Chamber of Commerce, a member of United States the following enrolled opposed to agriculture. the United Way Board of Directors, bills:

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.087 pfrm02 PsN: S14PT1 S13300 CONGRESSIONAL RECORD — SENATE December 14, 2001 S. 494. An act to provide for a transition to in Article 3(2) of the Treaty), after consulta- tute of Standards and Technology to democracy and to promote economic recov- tion with all appropriate intelligence, anti- establish a program to support re- ery in Zimbabwe. narcotic, and foreign policy agencies, has search and training in methods of de- S. 1196. An act to amend the Small Busi- specific information that a senior Govern- tecting the use of performance-enhanc- ness Investment Act of 1958, and for other ment official of the requesting party who purposes. will have access to information to be pro- ing drugs by athletes, and for other S.J. Res. 26. A joint resolution providing vided as part of such assistance is engaged in purposes. for the appoint of Patricia Q. Stonesifer as a a felony, including the facilitation of the S. 990 citizen regent of the Board of Regents of the production or distribution of illegal drugs. At the request of Mr. JEFFORDS, the Smithsonian Institution. (3) SUPREMACY OF THE CONSTITUTION.— name of the Senator from Louisiana f Nothing in the Treaty requires or authorizes (Ms. LANDRIEU) was added as a cospon- the enactment of legislation or the taking of sor of S. 990, a bill to amend the Pitt- REPORTS OF COMMITTEES any other action by the United States that is man-Robertson Wildlife Restoration The following reports of committees prohibited by the Constitution of the United States as interpreted by the United States. Act to improve the provisions relating were submitted: to wildlife conservation and restora- f By Mr. BIDEN, from the Committee on tion programs, and for other purposes. Foreign Relations, with an amendment: INTRODUCTION OF BILLS AND S. 1008 S. 1779: A bill to authorize the establish- JOINT RESOLUTIONS At the request of Mr. BYRD, the ment of ‘‘Radio Free Afghanistan’’, and for names of the Senator from Illinois (Mr. other purposes. (Rept. No. 107–125). The following bills and joint resolu- By Mr. BAUCUS, from the Committee on tions were introduced, read the first DURBIN) and the Senator from Massa- Finance, with an amendment in the nature and second times by unanimous con- chusetts (Mr. KERRY) were added as co- of a substitute: sent, and referred as indicated: sponsors of S. 1008, a bill to amend the H.R. 3009: A bill to extend the Andean By Mrs. FEINSTEIN (for herself, Mr. Energy Policy Act of 1992 to develop Trade Preference Act, to grant additional HOLLINGS, and Mrs. BOXER): the United States Climate Change Re- trade benefits under that Act, and for other S. 1829. A bill to provide for transitional sponse Strategy with the goal of sta- purposes. (Rept. No. 107–126). employment eligibility for qualified lawful bilization of greenhouse gas concentra- By Mr. BIDEN, from the Committee on permanent resident alien airport security tions in the atmosphere at a level that Foreign Relations, with an amendment in screeners until their naturalization process the nature of a substitute and with an would prevent dangerous anthropo- is completed, and to expedite that process; to genic interference with the climate amendment preamble: the Committee on the Judiciary. system, while minimizing adverse H. Con. Res. 211: A concurrent resolution By Mr. DEWINE: commending Daw Aung San Suu Kyi on the S. 1830. A bill to amend sections 3, 4, and 5 short-term and long-term economic 10th anniversary of her receiving the Nobel of the National Child Protection Act of 1993, and social impacts, aligning the Strat- Peace Prize and expressing the sense of the relating to national criminal history back- egy with United States energy policy, Congress with respect to the Government of ground checks of providers of care to chil- and promoting a sound national envi- Burma. dren, elderly persons, and persons with dis- ronmental policy, to establish a re- f abilities, and for other purposes; to the Com- search and development program that mittee on the Judiciary. focuses on bold technological break- EXECUTIVE REPORT OF By Mr. GRASSLEY (for himself and throughs that make significant COMMITTEE Mr. KERRY): progress toward the goal of stabiliza- The following executive report of S. 1831. A bill to provide alternative min- tion of greenhouse gas concentrations, committee was submitted: imum tax relief with respect to incentive stock options exercised during 2000; to the to establish the National Office of Cli- By Mr. BIDEN, from the Committee on Committee on Finance. mate Change Response within the Ex- Foreign Relations: By Mrs. LINCOLN (for herself, Mr. ecutive Office of the President, and for Treaty Doc. 106–22—Treaty with Russia on HAGEL, and Mr. BOND): other purposes. Mutual Legal Assistance in Criminal Mat- S. 1832. A bill to amend the Internal Rev- S. 1054 ters (Exec. Rept. No. 107–3) enue Code of 1986 to modify the credit for the TEXT OF THE COMMITTEE-RECOMMENDED production of electricity from renewable re- At the request of Mr. MILLER, his RESOLUTION OF ADVICE AND CONSENT sources to include production of energy from name was added as a cosponsor of S. SECTION 1. ADVICE AND CONSENT TO RATIFICA- agricultural and animal waste; to the Com- 1054, a bill to amend titles XVIII and TION OF THE TREATY WITH THE mittee on Finance. XIX of the Social Security Act to pre- RUSSIAN FEDERATION ON MUTUAL By Ms. COLLINS (for herself, Mr. vent abuse of recipients of long-term LEGAL ASSISTANCE IN CRIMINAL DODD, and Mr. FRIST): care services under the Medicare and MATTERS, SUBJECT TO CONDITIONS. S. 1833. A bill to amend the Public Health Medicaid programs. The Senate advises and consents to the Service Act with respect to qualified organ ratification of the Treaty Between the procurement organizations; read the first S. 1094 United States of America and the Russian time. At the request of Mr. MILLER, his Federation on Mutual Legal Assistance in By Mr. LEVIN: name was added as a cosponsor of S. Criminal Matters, signed at Washington on S. 1834. A bill for the relief of retired Ser- 1094, a bill to amend the Public Health June 17, 1999 (Treaty Doc. 106 22; in this reso- geant First Class James D. Benoit and Wan Service Act to provide for research, in- lution referred to as the ‘‘Treaty’’), subject Sook Benoit; to the Committee on the Judi- formation, and education with respect to the conditions in section 2. ciary. to blood cancer. SEC. 2. CONDITIONS. f S. 1306 The advice and consent of the Senate under section 1 is subject to the following SUBMISSION OF CONCURRENT AND At the request of Mr. MILLER, his conditions: SENATE RESOLUTIONS name was added as a cosponsor of S. 1306, a bill to amend the Internal Rev- (1) TREATY INTERPRETATION.—The Senate The following concurrent resolutions reaffirms condition (8) of the resolution of enue Code of 1986 to transfer all excise and Senate resolutions were read, and ratification of the Document Agreed Among taxes imposed on alcohol fuels to the referred (or acted upon), as indicated: the States Parties to the Treaty on Conven- Highway Trust Fund, and for other tional Armed Forces in Europe (CFE) of No- By Mr. DASCHLE (for himself and Mr. purposes. vember 19, 1990 (adopted at Vienna on May 31 LOTT): 1996), approved by the Senate on May 14, 1997 S. Res. 192. A resolution to authorize rep- S. 1478 (relating to condition (1) of the resolution of resentation by the Senate Legal Counsel in At the request of Mr. SANTORUM, the ratification of the INF Treaty, approved by Judith Lewis v. Rick Perry, et al; considered name of the Senator from Indiana (Mr. the Senate on May 27, 1988). and agreed to. BAYH) was added as a cosponsor of S. (2) LIMITATION ON ASSISTANCE.—Pursuant f 1478, a bill to amend the Animal Wel- to the right of the United States under the fare Act to improve the treatment of Treaty to deny legal assistance under the ADDITIONAL COSPONSORS certain animals , and for other pur- Treaty that would prejudice the essential S. 718 poses. public policy or interests of the United States, the United States shall deny any re- At the request of Mr. MILLER, his S. 1489 quest for such assistance if the Central Au- name was added as a cosponsor of S. At the request of Mr. MILLER, his thority of the United States (as designated 718, a bill to direct the National Insti- name was added as a cosponsor of S.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.048 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13301 1489, a bill to provide for the sharing of States Code, to provide that certain requires all airport security screeners information between Federal depart- service in the American Field Service to be United States citizens. ments, agencies, and other entities ambulance corps shall be considered Some expressed disagreement with with respect to aliens seeking admis- active duty for the purposes of all laws the citizenship requirement while the sion to the United States, and for other administered by the Secretary of Vet- bill was pending but voted for the bill, purposes. eran’s Affairs, and for other purposes. nonetheless, because of the many posi- S. 1490 S. 1788 tive and essential provisions that the At the request of Mr. MILLER, his At the request of Mr. SCHUMER, the bill contained. Others supported the name was added as a cosponsor of S. name of the Senator from Illinois (Mr. citizenship requirement as a necessary 1490, a bill to establish terrorist look- DURBIN) was added as a cosponsor of S. step to ensure the safety of our avia- out committees in each United States 1788, a bill to give the Federal Bureau tion system. Embassy. of Investigation access to NICS records Regardless of how Senators and House Members feel about the merits S. 1491 in law enforcement investigations, and of the provision, we cannot help but be At the request of Mr. MILLER, his for other purposes. touched by one of its unfortunate con- name was added as a cosponsor of S. S. RES. 171 sequences. Because of the contentious 1491, a bill to provide for the establish- At the request of Mr. MILLER, his manner in which differing provisions in ment and implementation of a finger- name was added as a cosponsor of the House and Senate bills were re- print processing system to be used S.Res. 171, a resolution expressing the solved, we were unable to provide ade- whenever a visa is issued to an alien. sense of the Senate concerning the pro- quate transition provisions for the S. 1572 vision of funding for bioterrorism pre- paredness and response. many well-qualified, hard-working, At the request of Mr. MILLER, his loyal, and deserving lawful permanent S. CON. RES. 70 name was added as a cosponsor of S. residents who are on the verge of at- 1572, a bill to endorse the vision of fur- At the request of Mr. MILLER, his taining U.S. citizenship but who will ther enlargement of the NATO Alliance name was added as a cosponsor of not be able to complete that process articulated by President George W. S.Con.Res. 70, a concurrent resolution before they lose their jobs. Bush on June 15, 2001, and by former expressing the sense of the Congress in My legislation would resolve their President William J. Clinton on Octo- support of the ‘‘National Wash America situation in two ways: First, it would ber 22, 1996, and for other purposes. Campaign’’. require the Attorney General to expe- S. 1614 S. CON. RES. 79 dite the naturalization process for At the request of Mr. MILLER, his At the request of Mr. MILLER, his those applicants who were employed as name was added as a cosponsor of S. name was added as a cosponsor of S. airport security screeners at the time 1614, a bill to provide for the preserva- Con. Res. 79, a concurrent resolution of enactment of the Aviation Transpor- tion and restoration of historic build- expressing the sense of Congress that tation Security Act. ings at historically women’s public col- public schools may display the words Second, it would carve out a transi- leges or universities. ‘‘God Bless America’’ as an expression tion period during which qualified law- S. 1646 of support for the Nation. ful permanent residents could continue At the request of Mr. BINGAMAN, the AMENDMENT NO. 2546 their employment as security screeners name of the Senator from Colorado At the request of Mr. BROWNBACK, the while their naturalization applications (Mr. ALLARD) was added as a cosponsor name of the Senator from Kansas (Mr. are being adjudicated. of S. 1646, a bill to identify certain ROBERTS) was added as a cosponsor of The ‘‘Airport Security Personnel routes in the States of Texas, Okla- amendment No. 2546. Protection Act’’ would provide for a homa, Colorado, and New Mexico as f smoother transition for qualified law- part of the Ports-to-Plains Corridor, a ful permanent resident airport security STATEMENTS ON INTRODUCED screeners who are on the verge of com- high priority corridor on the National BILLS AND JOINT RESOLUTIONS Highway System. pleting the naturalization process. In By Mrs. FEINSTEIN (for herself, S. 1707 so doing, it also would preserve both Mr. HOLLINGS, and Mrs. BOXER): the integrity of the naturalization At the request of Mr. JEFFORDS, the S. 1829. A bill to provide for transi- names of the Senator from Georgia process and the strong requirements tional employment eligibility for for security screeners that are con- (Mr. MILLER), the Senator from New qualified lawful permanent resident tained in the Aviation Transportation York (Mrs. CLINTON) and the Senator alien airport security screeners until Security Act. from Nebraska (Mr. HAGEL) were added their naturalization process is com- Section 4(c) of the legislation specifi- as cosponsors of S. 1707, a bill to amend pleted, and to expedite that process; to cally precludes the weakening of stand- title XVIII of the Social Security Act the Committee on the Judiciary. ards for naturalization for these to specify the update for payments Mrs. FEINSTEIN. Mr. President, I screeners. It makes it clear that the under the medicare physician fee rise today to introduce the Airport Se- legislation merely requires the Attor- schedule for 2002 and to direct the curity Personnel Protection Act. This ney General to expedite the processing Medicare Payment Advisory Commis- legislation would expedite the natu- of the naturalization applications of sion to conduct a study on replacing ralization process and authorize transi- qualified airport security screeners. the use of the sustainable growth rate tional employment for the many de- Under current law, these standards as a factor in determining such update serving airport security screeners who include such requirements as five years in subsequent years. are in danger of losing their jobs as a of lawful permanent residence for most S. 1738 result of a provision in the recently en- of those naturalizing, a demonstration At the request of Mr. KERRY, the acted Aviation Transaction Security of good moral character, an under- name of the Senator from Tennessee Act. standing of the English language, and (Mr. FRIST) was added as a cosponsor of In providing this assistance to these an understanding of the history, prin- S. 1738, a bill to amend title XVIII of worthy individuals, the bill also will ciples, and form of government of the the Social Security Act to provide reg- provide relief for the airports in which United States. ulatory relief, appeals process reforms, they work and the many customers The legislation also makes it clear contracting flexibility, and education whom they serve. that the Standards for continuing in improvements under the medicare pro- On November 19, 2001, President Bush employment during this transition pe- gram, and for other purposes. signed the Aviation Transportation Se- riod are to be the same, strong stand- S. 1767 curity Act, P.L. 107–71, into law. The ards that are included in the recently At the request of Mr. KENNEDY, the measure was passed with overwhelming enacted Aviation Transportation Secu- name of the Senator from Hawaii (Mr. support in both chambers. Among its rity Act. AKAKA) was added as a cosponsor of S. many essential provisions was one, Under this bill, in order to continue 1767, a bill to amend title 38, United found in section 111(a) of the bill, that in employment during the transition

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.077 pfrm02 PsN: S14PT1 S13302 CONGRESSIONAL RECORD — SENATE December 14, 2001 period, an affected security screener citizenship requirements under the upon the request of the Under Secretary of would have to: be a lawful permanent Aviation and Transportation Security Transportation for Security, with respect to resident alien; have been employed as a Act, the airport stands to lose 70 to 80 an alien described in paragraph (1) that— security screener on the date of enact- percent of its screening personnel. In ‘‘(A) the alien is a lawful permanent resident alien (as defined in section 2 of the ment of the Act; meet the employment Los Angeles, about 40 percent of the ‘‘Airport Security Personnel Protection eligibility requirements under the Air- baggage screeners are noncitizens. Act); and port Security Screeners Act; have un- Certainly, not all of these nonciti- ‘‘(B)(i) an application for naturalization dergone and successfully completed an zens will be able to meet the stringent has been approved, and the alien is awaiting employment investigation (including a requirements of this legislation. But to the holding of a ceremony for the adminis- criminal history record check); have the extent that those who are well- tration of the oath of renunciation and alle- had a naturalization application pend- qualified are permitted to continue giance, as required by section 337 of the Im- ing on the date of enactment of the Act their employment while their natu- migration and Nationality Act (8 U.S.C. or, in the alternative, have to be with- 1448); ralization applications are being adju- ‘‘(ii) an application for naturalization filed in one year of being eligible to file an dicated, it will be a great help to the by the alien prior to the date of enactment application for naturalization; and be many airports in which they are em- of this Act is pending before the Immigra- approved by the U.S. Department of ployed. tion and Naturalization Service but has not Transportation for hiring or continued I urge my colleagues to move expedi- been finally adjudicated; or employment. tiously to enact this bill into law. I ask ‘‘(iii) the alien— Just as importantly, in order to re- unanimous consent that the text of the ‘‘(I) satisfies, or will satisfy within one main employed during this transition bill be printed in the RECORD. year of the date of certification if the alien period, an alien would have to meet the There being no objection, the bill was remains in the United States, the residence new, enhanced requirements of secu- requirements applicable to the alien in the ordered to be printed in the RECORD, as Immigration and Nationality Act, or any rity screeners that were enacted as follows: other Act that are necessary for eligibility part of the Aviation Transportation S. 1829 for naturalization; and Security Act. These new, enhanced re- Be it enacted by the Senate and House of Rep- ‘‘(II) not more than 180 days after the date quirements provide that the alien resentatives of the United States of America in of enactment of the Airport Security Per- would have to: have a satisfactory or Congress assembled, sonnel Protection Act, filed under section better score on a Federal security SECTION 1. SHORT TITLE. 334(f) of the Immigration and Nationality screening personnel selection examina- This Act may be cited as the ‘‘Airport Se- Act an application for a declaration of intention; demonstrate daily a fitness for curity Personnel Protection Act’’. tion to become a United States citizen. ‘‘(3) CERTIFICATION BY THE UNDER SEC- duty without any impairment due to il- SEC. 2. DEFINITIONS. RETARY OF TRANSPORTATION.—A certification In this Act: legal drugs, sleep deprivation, medica- under this paragraph is a certification by the (1) AIRPORT SECURITY SCREENER.—The term tion, or alcohol; undergo an employ- Under Secretary of Transportation for Secu- ‘‘airport security screener’’ means an indi- ment investigation, including a crimi- rity with respect to an alien described in vidual who is employed to perform security paragraph (1) that— nal history record check; not present a screening services at an airport in the ‘‘(A) the Under Secretary has decided to threat to national security; possess a United States. hire or continue the employment of such high school diploma, a general equiva- (2) LAWFUL PERMANENT RESIDENT ALIEN.— alien; and lency diploma, or experience that the The term ‘‘lawful permanent resident alien’’ ‘‘(B) the alien— means an alien lawfully admitted for perma- Under Secretary has determined to be ‘‘(i) meets the qualifications to be a secu- nent residence, as defined in section sufficient for the individual to perform rity screener under section 44935(f); 101(a)(20) of the Immigration and Nationality the duties of the position; possess the ‘‘(ii) was employed as an airport security Act (8 U.S.C. 1101(a)(20)). ability to efficiently and thoroughly screener as of the date of enactment of this (3) QUALIFIED LAWFUL PERMANENT RESIDENT manipulate and handle such baggage, Act, as determined by the Under Secretary ALIEN DEFINED.—The term ‘‘qualified lawful of Transportation for Security; and containers, and other objects subject to permanent resident alien’’ means an alien ‘‘(iii) has undergone and successfully com- security processing; be able to read, with respect to whom a certification has pleted an employment investigation (includ- speak, and write English well enough been made by the Under Secretary of Trans- ing a criminal history record check) required portation for Security under section to carry out written and oral instruc- by section 44935(e)(2)(B) of such title, as 111(e)(1)(B) of the Aviation and Transpor- tions regarding the proper performance amended by subsection (a).’’. of screening duties; be able to read tation Security Act (Public Law 107–71), as added by section 3 of this Act. (b) EFFECTIVE DATE.—The amendment English language identification media, made by subsection (a) shall be deemed effec- credentials, airline tickets, and labels SEC. 3. TRANSITIONAL EMPLOYMENT ELIGI- BILITY FOR QUALIFIED LAWFUL tive as if included in the enactment of the on items normally encountered in the PERMANENT RESIDENT AIRPORT SE- Aviation and Transportation Security Act. screening process; provide direction to CURITY SCREENERS. SEC. 4. EXPEDITED NATURALIZATION FOR (a) IN GENERAL.—Section 111 of the Avia- and understand and answer questions QUALIFIED LAWFUL PERMANENT from English-speaking individuals un- tion and Transportation Security Act (Pub- RESIDENT AIRPORT SECURITY dergoing screening; and write incident lic Law 107–71) is amended by adding at the SCREENERS. reports and statements and log entries end the following: ‘‘(e) SPECIAL TRANSITION RULE FOR QUALI- (a) REQUIREMENT.— into security records in the English FIED LAWFUL PERMANENT RESIDENT ALIENS.— (1) IN GENERAL.—For the purpose of ena- language; have satisfactorily com- ‘‘(1) IN GENERAL.—Notwithstanding any bling qualified lawful permanent resident pleted all initial, recurrent, and appro- rule or regulation promulgated to implement aliens to satisfy in a timely manner the citi- priate specialized training required by the citizenship requirement in section zenship requirement in section the security program; among other re- 44935(e)(2)(A)(ii) of title 49, United States 44935(e)(2)(A)(ii) of title 49, United States Code, the Attorney General shall expedite— quirements. Code, as amended by subsection (a), or any other provision of law prohibiting the em- (A) the processing and adjudication of an This simple but important bill would application for naturalization filed by any help the many deserving lawful perma- ployment of aliens by the Federal Govern- ment, an alien shall be eligible for hiring or qualified lawful permanent resident alien nent residents who are well qualified, continued employment as an airport security who was employed as an airport security have been performing their jobs admi- screener until the naturalization process for screener as of the date of enactment of the rably, and whose lives are in danger of such alien is completed, if— Aviation and Transportation Security Act being disrupted. But it also would help ‘‘(A) the Attorney General makes the cer- (Public Law 107–71); and the traveling public. tification described in paragraph (2) to the (B) if such application for naturalization is It is estimated that at least 25 per- Under Secretary of Transportation for Secu- approved, the holding of a ceremony for administration of the oath of renunciation and cent of the current 28,000 airport security with respect to the alien; and ‘‘(B) the Under Secretary of Transpor- allegiance to such qualified lawful perma- rity screeners in the Nation’s 419 com- nent resident alien, as required by section mercial airports are noncitizens. I have tation for Security makes the certification described in paragraph (3) to the Attorney 337 of the Immigration and Nationality Act heard from the mayor and airport di- General with respect to such alien. (8 U.S.C. 1448). rector of the San Francisco Inter- ‘‘(2) CERTIFICATION BY THE ATTORNEY GEN- (b) DEADLINES FOR COMPLETED ACTION.— national Airport. They came to me out ERAL.—A certification under this paragraph The Attorney General shall complete the ac- of concern that, as a result of the new is a certification by the Attorney General, tions described in subsection (a)—

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.079 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13303 (1) not later than 30 days after the date of State criminal history record repository ‘‘(iv) an authorized agency that receives enactment of this Act, in the case of a quali- shall— the results of a background check conducted fied lawful permanent resident alien with re- ‘‘(i) conduct a search of the State criminal under this section shall either— spect to whom an application for naturaliza- history record system and, if necessary, for- ‘‘(I) make a determination regarding tion is approved but such alien is awaiting ward the request, together with the finger- whether the criminal history record informa- the holding of a ceremony for the adminis- prints of the provider, to the Federal Bureau tion received in response to the background tration of the oath of renunciation and alle- of Investigation; and check indicates that the provider has a giance, as required by section 337 of the Im- ‘‘(ii) make a reasonable effort to respond to criminal history record that renders the pro- migration and Nationality Act (8 U.S.C. the qualified entity within 15 business days vider unfit to provide care to children, the 1448); after the date on which the request is re- elderly, or individuals with disabilities and (2) not later than 180 days after the date of ceived. convey that determination to the qualified enactment of this Act, in the case of a quali- ‘‘(C) DUTIES OF THE FBI.—Upon receiving a entity; or fied lawful permanent resident alien with re- request from a State repository under this ‘‘(II) provide some or all of such criminal spect to whom an application for naturaliza- section, the FBI shall— history record information to the qualified tion was pending on the date of enactment of ‘‘(i) conduct a search of its criminal his- entity for use by the qualified entity in mak- this Act; and tory record system; and ing a fitness determination concerning the (3) not later than 180 days after the date on ‘‘(ii) make a reasonable effort to respond to provider; and which an application for naturalization is re- the State repository or the qualified entity ‘‘(v) a qualified entity that receives crimi- ceived by the Attorney General, in the case within 5 business days after the date on nal history record information concerning a of a qualified lawful permanent resident which the request is received. provider in response to a background check alien with respect to whom an application ‘‘(3) NATIONAL CRIME PREVENTION AND PRI- pursuant to this section— for naturalization is filed after the date of VACY COMPACT.—Each background check pur- ‘‘(I) shall adhere to a standard of reason- enactment of this Act. suant to this section shall be conducted pur- able care concerning the security and con- (c) STATUTORY CONSTRUCTION.—Nothing in suant to the National Crime Prevention and fidentiality of the information and the pri- this section may be construed to lower the Privacy Compact. vacy rights of the provider; standards of qualification set forth in title ‘‘(b) GUIDELINES.— ‘‘(II) shall make a copy of the criminal his- III of the Immigration and Nationality Act ‘‘(1) IN GENERAL.—In order to conduct tory record available, upon request, to the (8 U.S.C. 1401 et seq.) that applicants for nat- background checks pursuant to this section, provider; and uralization must meet in order to become a State shall— ‘‘(III) shall not retain the criminal history naturalized citizens of the United States. ‘‘(A) establish or designate one or more au- record information for any period longer thorized agencies to perform the duties re- than necessary for a final fitness determina- By Mr. DEWINE: quired by this section, including the designation concerning the subject of the informa- S. 1830. A bill to amend sections 3, 4, tion of qualified entities; and tion. and 5 of the National Child Protection ‘‘(B) establish procedures requiring that— ‘‘(2) RETENTION OF INFORMATION.—The Act of 1993, relating to national crimi- ‘‘(i) a qualified entity that requests a back- statement required under paragraph nal history background checks of pro- ground check pursuant to this section shall (1)(B)(i)— viders of care to children, elderly per- forward to the authorized agency the finger- ‘‘(A) may be forwarded by the qualified en- sons, and persons with disabilities, and prints of the provider and shall obtain a tity to the authorized agency or retained by the qualified entity; and for other purposes; to the Committee statement completed and signed by the provider that— ‘‘(B) shall be retained by such agency or on the Judiciary. ‘‘(I) sets out the name, address, and date of entity, as appropriate, for not less than 1 Mr. DEWINE. Mr. President, I ask birth of the provider appearing on a valid year. unanimous consent that the text of the identification document (as defined in sec- ‘‘(c) GUIDANCE BY THE ATTORNEY GEN- bill be printed in the RECORD. tion 1028 of title 18, United States Code); ERAL.—The Attorney General shall to the There being no objection, the bill was ‘‘(II) states whether the provider has a maximum extent practicable, encourage the criminal history record and, if so, sets out ordered to be printed in the RECORD, as use of the best technology available in con- follows: the particulars of such record; ‘‘(III) notifies the provider that the quali- ducting background checks pursuant to this S. 1830 fied entity may request a background check section. Be it enacted by the Senate and House of Rep- and that the signature of the provider to the ‘‘(d) GUIDANCE BY THE NATIONAL CRIME resentatives of the United States of America in statement constitutes an acknowledgement PREVENTION AND PRIVACY COMPACT COUN- Congress assembled, that such a background check may be con- CIL.— SECTION 1. SHORT TITLE. ducted and explains the uses and disclosures ‘‘(1) IN GENERAL.—The Compact Council This Act may be cited as the ‘‘National that may be made of the results of the back- Child Protection Amendments Act of 2001’’. shall provide guidance to States to ensure ground check; that national background checks conducted SEC. 2. FACILITATION OF BACKGROUND CHECKS. ‘‘(IV) notifies the provider that pending under this section comply with the National (a) IN GENERAL.—Section 3 of the National the completion of the background check the Crime Prevention and Privacy Compact and Child Protection Act of 1993 (42 U.S.C. 5119a) provider may be denied unsupervised access shall provide guidance to authorized agen- is amended to read as follows: to children, the elderly, or disabled persons cies to assist them in performing their duties ‘‘SEC. 3. FACILITATION OF BACKGROUND with respect to which the provider intends to under this section. CHECKS. provide care; and ‘‘(2) MODEL FITNESS STANDARDS.—The guid- ‘‘(a) IN GENERAL.— ‘‘(V) notifies the provider of the rights of ance under paragraph (1) shall include model ‘‘(1) BACKGROUND CHECKS.— the provider under subparagraph (B); fitness standards for particular types of pro- ‘‘(A) IN GENERAL.—A qualified entity des- ‘‘(ii) each provider who is the subject of an viders, which may be adopted voluntarily by ignated by a State may contact an author- adverse fitness determination based on a States for use by authorized agencies in ized agency of the State to obtain a finger- background check pursuant to this section making fitness determinations. print-based national criminal history back- shall be provided with an opportunity to con- ‘‘(3) NCPA CARE PROVIDER COMMITTEE.—In ground check (referred to in this section as a tact the authorized agency and initiate a providing the guidance under paragraph (1), ‘background check’) of a provider who pro- process to— the Compact Council shall create a perma- vides care to children, the elderly, or indi- ‘‘(I) obtain a copy of the criminal history nent NCPA Care Provider Committee which viduals with disabilities (referred to in this record upon which the determination was shall include, but not be limited to, rep- section as a ‘provider’). based; and resentatives of national organizations rep- ‘‘(B) DEFINITION.—In this paragraph, the ‘‘(II) file a challenge with the State reposi- resenting private nonprofit qualified entities term ‘fingerprint-based’ means based upon tory or, if appropriate, the FBI, concerning using volunteers to provide care to children, fingerprints or other biometric identifica- the accuracy and completeness of the crimi- the elderly, or individuals with disabilities. tion characteristics approved under rules ap- nal history record information in the report, ‘‘(4) REPORTS.—At least annually, the Com- plicable to the Interstate Identification and obtain a prompt determination of the pact Council shall report to the President Index System as defined in Article I (13) of challenge before a final adverse fitness deter- and Congress with regard to national back- the National Crime Prevention and Privacy mination is made on the basis of the crimi- ground checks of providers conducted pursu- Compact. nal history record information in the report; ant to the NCPA. ‘‘(2) PROCEDURES.— ‘‘(iii) an authorized agency that receives a ‘‘(A) SUBMISSION.—A request for back- criminal history record report that lacks dis- ‘‘(e) PENALTY.—Any officer, employee, or ground check pursuant to this section shall position information shall make appropriate authorized representative of a qualified enti- be submitted through a State criminal his- inquiries to available State and local record- ty who knowingly and willfully— tory record repository. keeping systems to obtain complete informa- ‘‘(1) requests or obtains any criminal his- ‘‘(B) DUTIES OF REPOSITORY.—After receipt tion, to the extent possible considering tory record information pursuant to this sec- of a request under subparagraph (A), the available personnel and resources; tion under false pretenses; or

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.061 pfrm02 PsN: S14PT1 S13304 CONGRESSIONAL RECORD — SENATE December 14, 2001 ‘‘(2) uses criminal history record informa- ‘‘(B) such sums as may be necessary for Because it is important that my col- tion for a purpose not authorized by this sec- each of fiscal years 2002 through 2005.’’. leagues understand the unfairness of tion, shall be guilty of a misdemeanor and (b) FUNDING FOR COMPACT COUNCIL.—There this matter, let me provide a very brief are authorized to be appropriated to the Fed- fined not more than $5,000. background. ‘‘(f) LIMITATIONS ON LIABILITY.— eral Bureau of Investigation to support the Incentive stock options ISO, are an ‘‘(1) LIABILITY OF QUALIFIED ENTITIES.— activities of the National Crime Prevention ‘‘(A) FAILURE TO REQUEST BACKGROUND and Privacy Compact Council— option given by an employer to an em- CHECK.—A qualified entity shall not be liable (1) $1,000,000 for fiscal year 2001; and ployee to purchase stock at a certain in an action for damages solely for the fail- (2) such sums as may be necessary for fis- price. An individual does not recognize ure of such entity to request a background cal years 2002 through 2005. any income on the grant of the option check on a provider. SEC. 4. DEFINITIONS. or exercise thereof if the individual ‘‘(B) WILLFUL VIOLATIONS.—A qualified en- Section 5 of the National Child Protection holds the shares for more than 2 years tity shall not be liable in an action for dam- Act of 1993 (42 U.S.C. 5119c) is amended— after grant and 1 year after exercise. If ages for violating any provision of this sec- (1) by striking paragraph (8); the holding period requirements are tion, unless such violation is knowing and (2) by redesignating paragraphs (6) and (7) willful. as paragraphs (7) and (8), respectively; satisfied, the employee is taxed on the ‘‘(C) REASONABLE CARE STANDARD.—A (3) by inserting after paragraph (5) the fol- excess of the sale price over the exer- qualified entity that exercises reasonable lowing: cise price on his disposition of the care for the security, confidentiality, and ‘‘(6) the term ‘criminal history record re- shares. privacy of criminal history record informa- pository’ means the State agency designated The reason these employees have tion received in response to a background by the Governor or other executive official of such a significant tax bill is due to the check pursuant to this section shall not be a State, or by the legislature of a State, to workings of the Tax Code’s answer to liable in an action for damages. perform centralized recordkeeping functions Rube Goldberg, the Alternative Min- ‘‘(2) LIABILITY OF GOVERNMENTAL ENTI- for criminal history records and services in imum Tax, AMT. The employee’s non- TIES.—A State or political subdivision there- the State;’’; and recognition of income discussed above of, or any agency, officer, or employee there- (4) in paragraph (9)— of, shall not be liable in an action for dam- (A) in subparagraph (A)(iii)— does not apply for AMT purposes. For ages for the failure of a qualified entity (i) by inserting ‘‘or to an elderly person or AMT purposes, the code requires the (other than itself) to take adverse action person with a disability’’ after ‘‘to a child’’; recognition of the excess for the with respect to a provider who was the sub- and stock’s fair market value on the date ject of a background check. (ii) by striking ‘‘child care’’ and inserting of exercise over the option price when ‘‘(3) RELIANCE ON INFORMATION.—An au- ‘‘care’’; and the stock is substantially vested. Thus, thorized agency or a qualified entity that (B) in subparagraph (B)(iii)— while an employee does not have a tax reasonably relies on criminal history record (i) by inserting ‘‘or to an elderly person or liability of ordinary income for exer- information received in response to a back- person with a disability’’ after ‘‘to a child’’; ground check pursuant to this section shall and cising his ISO the employee may be not be liable in an action for damages based (ii) by striking ‘‘child care’’ and inserting subject to AMT when he exercises his upon the inaccuracy or incompleteness of ‘‘care’’. ISO. the information. SEC. 5. AMENDMENT TO NATIONAL CRIMINAL While in years past, this may not ‘‘(g) FEES.— HISTORY ACCESS AND CHILD PRO- have been too great a problem in a ‘‘(1) LIMITATION.—In the case of a back- TECTION ACT. time when share prices are increasing ground check pursuant to a State require- Section 215 of the National Criminal His- and individuals have the money to pay ment adopted after December 20, 1993, con- tory Access and Child Protection Act is the AMT. It is a very different story ducted with fingerprints on a person who amended by— volunteers with a qualified entity, the fees (1) striking subsection (b) and inserting the when shares are declining. The indi- collected by authorized State agencies and following: vidual is then facing the AMT charges the Federal Bureau of Investigation may not ‘‘(b) DIRECT ACCESS TO CERTAIN RECORDS based on the exercise value but often exceed $18, respectively, or the actual cost, NOT AFFECTED.—Nothing in the Compact has no funds to pay the AMT since the whichever is less, of the background check shall affect any direct terminal access to the stock that was the source of the AMT conducted with fingerprints. III System provided prior to the effective has declined in value since it was exer- ‘‘(2) STATE FEE SYSTEMS.—The States shall date of the Compact under the following: cised. establish fee systems that ensure that fees to ‘‘(1) Section 9101 of title 5, United States It is true that if the individual had Code. nonprofit entities for background checks do sold the stock in the same year he ex- not discourage volunteers from participating ‘‘(2) The Brady Handgun Violence Preven- in child care programs. tion Act (Public Law 103–159; 107 Stat. 1536). ercised his ISO he would have poten- ‘‘(3) AUTHORITY OF FEDERAL BUREAU OF IN- ‘‘(3) The Violent Crime Control and Law tially reduced his AMT liability sig- VESTIGATION.—This subsection shall not ef- Enforcement Act of 1994 (Public Law 103–322; nificantly. However, the code sends a fect the authority of the Federal Bureau of 108 Stat. 2074) or any amendments made by mixed signal to the individual telling Investigation or the States to collect fees for that Act. him that he must hold the stock for conducting background checks of persons ‘‘(4) The United States Housing Act of 1937 one year after exercise if he wants to who are employed as or apply for positions (42 U.S.C. 1437 et seq.). avoid taxation at ordinary income on as paid care providers.’’. ‘‘(5) The Native American Housing Assist- the value at the point of exercise. SEC. 3. AUTHORIZATION OF APPROPRIATIONS; ance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.). The above are the facts of the tax CONFORMING AMENDMENTS. code, but they do not reflect the very (a) FUNDING FOR IMPROVEMENT OF CHILD ‘‘(6) Any direct terminal access to Federal ABUSE CRIME INFORMATION.—Section 4 of the criminal history records authorized by law.’’; real disaster this has done to many National Child Protection Act of 1993 (42 and people across the country. The story of U.S.C. 5119b) is amended— (2) in subsection (c) by inserting after the one company in Cedar Rapids, IA, (1) by redesignating subsections (b) and (c) period at the end thereof the following: McLeod USA, puts a real face on how as subsections (a) and (b), respectively; and ‘‘Criminal history records disseminated by this tax has destroyed families. I have (2) in subsection (a), as redesignated— the FBI pursuant to such Act by means of received letters from dozens of honest (A) in paragraph (1)— the III System shall be subject to the Com- hard-working people of this company pact.’’. (i) in each of subparagraphs (C) and (D), by telling me how they are making a good striking ‘‘national criminal history background check system’’ and inserting ‘‘crimi- By Mr. GRASSLEY (for himself salary in Iowa, say $50,000 or $70,000, nal history record repository’’; and and Mr. KERRY): and were also given these ISOs as an (ii) by striking subparagraph (E) and in- S. 1831. A bill to provide alternative additional incentive to work for serting the following: minimum tax relief with respect to in- McLeod. Now, because of the AMT ‘‘(E) to assist the State in offsetting the centive stock options exercised during rules and the declining market, these costs to qualified entities of background 2000; to the Committee on Finance. families are facing tax bills of tens of checks under section 3 on volunteer pro- Mr. GRASSLEY. Mr. President, thousands, if not over a hundred thou- viders.’’; and today Senator KERRY and I introduced sand dollars. It is wiping out a lifetime (B) by striking paragraph (2) and inserting the following: bipartisan legislation that will provide of savings and hardwork, all to pay a ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— some relief to those workers who are tax bill on phantom income, income There are authorized to be appropriated for facing a massive tax bill on the phan- they never received, never enjoyed and grants under paragraph (1)— tom income they have from incentive never had. It is outrageous and it is ‘‘(A) $80,000,000 for fiscal year 2001; and stock options. just plain wrong.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.062 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13305 The bill that Senator KERRY and I wife Mrs. Wan Sook Benoit lost their in the case of Judith Lewis V. Rick Perry, et have introduced will provide signifi- three year old son, David Benoit, in a al. cant relief from the AMT tax bill for tragic mishap. f workers. It allows employees to deter- Some years ago, Mr. and Mrs. Benoit AMENDMENTS SUBMITTED AND mine the value of their stock options approached my office with a request for PROPOSED on April 15, 2001, (as opposed to the ex- assistance. The Benoit family felt that ercise date), which will reflect the they did not receive the relief that SA 2602. Mr. WELLSTONE proposed an they were entitled to receive. To assist amendment to amendment SA 2471 sub- downturn of the market. This will go mitted by Mr. DASCHLE and intended to be far in minimizing the AMT hit that the family, I introduced two private re- proposed to the bill (S. 1731) to strengthen employees face. In addition, the relief lief bills that sought to give the Benoit the safety net for agricultural producers, to is targeted to assist low-income and family a hearing before the U.S. Court enhance resource conservation and rural de- middle-income families. of Federal Claims. velopment, to provide for farm credit, agri- I hope my colleagues will join myself This case was referred to U.S. Court cultural research, nutrition, and related pro- and Senator KERRY to put an end to of Federal Claims as the result of pri- grams, to ensure consumers abundant food this tax disaster. vate relief legislation I introduced. The and fiber, and for other purposes. SA 2603. Mr. LUGAR (for Mr. MCCAIN (for legislation, S. 1168, gave the Court of I ask unanimous consent the text of himself, Mr. GRAMM, Mr. KERRY, and Mrs. the bill be printed in the RECORD. Federal Claims ‘‘jurisdiction to hear, MURRAY)) proposed an amendment to amend- There being no objection, the bill was determine and render judgement on a ment SA 2471 submitted by Mr. DASCHLE and ordered to be printed in the RECORD, as claim by Retired Sergeant First Class intended to be proposed to the bill (S. 1731) follows: James D. Benoit, Wan Sook Benoit, or supra. S. 1831 the estate of David Benoit concerning SA 2604. Mr. HARKIN (for himself, Mr. Be it enacted by the Senate and House of Rep- the death of David Benoit on June 28th GRASSLEY, Mr. FEINGOLD, Mr. WELLSTONE, and Mr. ENZI) proposed an amendment to resentatives of the United States of America in 1983. On March 14, 2000, oral arguments Congress assembled, amendment SA 2471 submitted by Mr. were heard by the hearing officer as- DASCHLE and intended to be proposed to the SECTION 1. ALTERNATIVE MINIMUM TAX RELIEF signed to the case and the hearing offi- WITH RESPECT TO INCENTIVE bill (S. 1731) supra. STOCK OPTIONS EXERCISED DUR- cer recommended to the Court of Fed- SA 2605. Mr. THURMOND (for himself and ING 2000. eral Claims on July 28, 2000, ‘‘that Ser- Mr. HELMS) submitted an amendment in- (a) IN GENERAL.—In the case of an incen- geant and Mrs.. Benoit be awarded tended to be proposed to amendment SA 2471 tive stock option (as defined in section 422 of $415,000 for the wrongful death of David submitted by Mr. DASCHLE and intended to the Internal Revenue Code of 1986) exercised Benoit.’’ Subsequently on May 23, 2001, be proposed to the bill (S. 1731) supra; which was ordered to lie on the table. during calendar year 2000, the amount taken the Court of Federal Claims Review into account under section 56(b)(3) of such SA 2606. Mr. HUTCHINSON submitted an Code by reason of such exercise shall not ex- Panel upheld the conclusion of the amendment intended to be proposed to ceed the amount that would have been taken hearing officer, and found that the amendment SA 2471 submitted by Mr. into account if, on the date of such exercise, plaintiffs ‘‘have a valid and equitable DASCHLE and intended to be proposed to the the fair market value of the stock acquired claim against the United States.’’ It bill (S. 1731) supra; which was ordered to lie pursuant to such option had been its fair went on to state that ‘‘the Review on the table. SA 2607. Mr. BURNS proposed an amend- market value as of April 15, 2001 (or, if such Panel recommends that plaintiffs be stock is sold or exchanged on or before such ment to amendment SA 2471 submitted by awarded $415,000.’’ Mr. DASCHLE and intended to be proposed to date, the amount realized on such sale or ex- As a result of these findings, I am in- change). the bill (S. 1731) supra. troducing special legislation to provide SA 2608. Mr. BURNS proposed an amend- (b) LIMITATION.— ment to amendment SA 2471 submitted by (1) IN GENERAL.—If the adjusted gross in- relief consistent with the court’s rec- come of a taxpayer for the taxable year in ommendation. This legislation can in Mr. DASCHLE and intended to be proposed to which an exercise described in paragraph (1) no way compensate the Benoit’s for the the bill (S. 1731) supra. SA 2609. Mr. ROBERTS submitted an occurs exceeds the threshold amount, the horrible loss that they have suffered. amendment intended to be proposed to amount otherwise not taken into account No amount of money can do that. How- amendment SA 2471 submitted by Mr. under paragraph (1) shall be reduced by the ever, as the court has stated, the Be- DASCHLE and intended to be proposed to the amount which bears the same ratio to such noit family does indeed ‘‘have a valid bill (S. 1731) supra; which was ordered to lie amount as the taxpayer’s adjusted gross in- on the table. come in excess of the threshold amount and equitable claim.’’ It is my hope SA 2610. Mr. DASCHLE (for Mr. LIEBERMAN bears to the phaseout amount. that Congress will act expeditiously to resolve this claim. (for himself and Mr . THOMPSON)) proposed an (2) THRESHOLD AMOUNT.—For purposes of amendment to the bill H.R. 2657, to amend this subsection, the threshold amount is f title 11, District of Columbia Code, to redes- equal to— ignate the Family Division of the Superior (A) $106,000 in the case of a taxpayer de- STATMENTS OF SUBMITTED RESOLUTIONS Court of the District of Columbia as the scribed in section 1(a) of such Code, Family Court of the Superior Court, to re- (B) $84,270 in the case of a taxpayer de- cruit and retain trained and experienced scribed in section 1(b) of such Code, and judges to serve in the Family Court, to pro- (C) $53,000 in the case of a taxpayer de- SENATE RESOLUTION 192—TO AU- THORIZE REPRESENTATION BY mote consistency and efficiency in the as- scribed in section 1(c) or 1(d) of such Code. signment of judges to the Family Court and (3) PHASEOUT AMOUNT.—For purposes of THE SENATE LEGAL COUNSEL IN in the consideration of actions and pro- this subsection, the phaseout amount is JUDITH LEWIS V. RICK PERRY, ceedings in the Family Court, and for other equal to— ET AL purposes. (A) $230,000 in the case of a taxpayer described in section 1(a) of such Code, Mr. DASCHLE (for himself and Mr. f (B) $172,500 in the case of a taxpayer de- LOTT) submitted the following resolu- TEXT OF AMENDMENTS scribed in section 1(b) of such Code, and tion; which was considered and agreed (C) $115,000 in the case of a taxpayer de- to: SA 2602. Mr. WELLSTONE proposed an amendment to amendment SA 2471 scribed in section 1(c) or 1(d) of such Code. S. RES. 192 submitted by Mr. DASCHLE and in- Whereas, Senator Kay Bailey Hutchison By Mr. LEVIN: has been named as a defendant in the case of tended to be proposed to the bill (S. S. 1834. A bill for the relief of retired Judith Lewis v. Rick Perry, et al., Case No. 1731) to strengthen the safety net for Sergeant First Class James D. Benoit 01–10098–D, now pending in the District Court agricultural producers, to enhance re- and Wan Sook Benoit; to the Com- for Dallas County, Texas; and source conservation and rural develop- mittee on the Judiciary. Whereas, pursuant to sections 703(a) and ment, to provide for farm credit, agri- Mr. LEVIN. Mr. President, I rise 704(a)(1) of the Ethics in Government Act of cultural research, nutrition, and re- today to introduce a bill that I hope 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the lated programs, to ensure consumrs Senate may direct its counsel to represent will assist a family in my home State abundant food and fiber, and for other of Michigan who suffered the death of Members of the Senate in civil actions with respect to their official responsibilities: purposes; as follows: their child while living on a U.S. Army Now, therefore, be it Beginning on page 226, strike line 1 and all base in the Republic of Korea. Nearly Resolved That the Senate Legal Counsel is that follows through page 235, line 6, and in- 18 years ago, Mr. James Benoit and his authorized to represent Senator Hutchison sert the following:

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.063 pfrm02 PsN: S14PT1 S13306 CONGRESSIONAL RECORD — SENATE December 14, 2001

‘‘(4) LARGE CONFINED LIVESTOCK FEEDING tice involving the development of a com- retary shall accord a higher priority to as- OPERATIONS.— prehensive nutrient management plan may sistance and payments that— ‘‘(A) DEFINITION OF LARGE CONFINED LIVE- obtain an incentive payment that can be ‘‘(1) maximize environmental benefits per STOCK FEEDING OPERATION.—In this para- used to obtain technical assistance associ- dollar expended; and graph: ated with the development of any component ‘‘(2)(A) address national conservation pri- ‘‘(i) IN GENERAL.—The term ‘large confined of the comprehensive nutrient management orities, including— livestock feeding operation’ means a con- plan. ‘‘(i) meeting Federal, State, and local envi- fined livestock feeding operation designed to ‘‘(B) PURPOSE.—The purpose of the pay- ronmental purposes focused on protecting air confine 1,000 or more animal equivalent units ment shall be to provide a producer the op- and water quality; (as defined by the Secretary). tion of obtaining technical assistance for de- ‘‘(ii) comprehensive nutrient management; ‘‘(ii) MULTIPLE LOCATIONS.—In determining veloping any component of a comprehensive ‘‘(iii) water quality, particularly in im- the number of animal unit equivalents of op- nutrient management plan from a certified paired watersheds; eration of a producer under clause (i), the provider. ‘‘(iv) soil erosion; animals confined by the producer in confine- ‘‘(C) PAYMENT.—The incentive payment ‘‘(v) air quality; or ment facilities at all locations (including the shall be— ‘‘(vi) pesticide and herbicide management producer’s proportionate share in any jointly ‘‘(i) in addition to cost-share or incentive or reduction; owned facility) shall be counted. payments that a producer would otherwise ‘‘(B) are provided in conservation priority ‘‘(B) NEW OR EXPANDED OPERATIONS.—A pro- receive for structural practices and land areas established under section 1230(c); ducer shall not be eligible for cost-share pay- management practices; ‘‘(C) are provided in special projects under ments for any portion of a storage or treat- ‘‘(ii) used only to procure technical assist- section 1243(f)(4) with respect to which State ment facility, or associated waste transport ance from a certified provider that is nec- or local governments have provided, or will or transfer device, to manage manure, proc- essary to develop any component of a com- provide, financial or technical assistance to ess wastewater, or other animal waste gen- prehensive nutrient management plan; and producers for the same conservation or envi- erated by a large confined livestock feeding ‘‘(iii) in an amount determined appropriate ronmental purposes; or operation, if the operation is a confined live- by the Secretary, taking into account— ‘‘(D) an innovative technology in connec- stock operation that— ‘‘(I) the extent and complexity of the tech- tion with a structural practice or land man- ‘‘(i) is established after the date of enact- nical assistance provided; agement practice. ment of this paragraph; or ‘‘(II) the costs that the Secretary would ‘‘(b) ADDITIONAL PRIORITIES FOR LIVESTOCK ‘‘(ii) is expanded after the date of enact- have incurred in providing the technical as- PRODUCERS.—In evaluating applications for ment of this paragraph so as to become a sistance; and technical assistance, cost-share payments, large confined livestock operation. ‘‘(III) the costs incurred by the private pro- and incentive payments for livestock pro- ‘‘(C) MULTIPLE OPERATIONS.—A producer vider in providing the technical assistance. ducers, the Secretary shall accord priority that has an interest in more than 1 large ‘‘(D) ELIGIBLE PRACTICES.—The Secretary to— confined livestock operation shall not be eli- may determine, on a case by case basis, ‘‘(1) applications for assistance and pay- gible for more than 1 contract under this sec- whether the development of a comprehensive ments for systems and practices that avoid tion for cost-share payments for a storage or nutrient management plan is eligible for an subjecting the livestock production oper- treatment facility, or associated waste incentive payment under this paragraph. ation to Federal, State, tribal, and local en- transport or transfer device, to manage ma- ‘‘(E) CERTIFICATION BY SECRETARY.— vironmental regulatory systems while also nure, process wastewater, or other animal ‘‘(i) IN GENERAL.—Only persons that have assisting the operation to meet environ- waste generated by the large confined live- been certified by the Secretary under section mental quality criteria established by Fed- stock feeding operation. 1244(f)(3) shall be eligible to provide tech- eral, State, tribal, and local agencies; and ‘‘(D) FLOOD PLAIN SITING.—Cost-share pay- nical assistance under this subsection. ‘‘(2) applications from livestock producers ments shall not be available for structural ‘‘(ii) QUALITY ASSURANCE.—The Secretary using managed grazing systems and other practices for a storage or treatment facility, shall ensure that certified providers are ca- pasture- and forage-based systems. or associated waste transport device, to pable of providing technical assistance re- manage manure, process wastewater, or ‘‘SEC. 1240D. DUTIES OF PRODUCERS. garding comprehensive nutrient manage- other animal waste generated by a large con- ‘‘To receive technical assistance, cost- ment in a manner that meets the specifica- fined livestock operation if— share payments, or incentive payments tions and guidelines of the Secretary and ‘‘(i) the structural practices are located in under the program, a producer shall agree— that meets the needs of producers under the a 100-year flood plain; and ‘‘(1) to implement an environmental qual- program. ‘‘(ii) the confined livestock operation is a ity incentives program plan that describes ‘‘(F) ADVANCE PAYMENT.—On the deter- confined livestock operation that— conservation and environmental purposes to mination of the Secretary that the proposed (I) is established after the date of enact- be achieved through 1 or more practices that comprehensive nutrient management of a ment of this paragraph or; are approved by the Secretary; producer is eligible for an incentive pay- (II) is expanded after the date of enactment ‘‘(2) not to conduct any practices on the ment, the producer may receive a partial ad- of this paragraph. farm or ranch that would tend to defeat the vance of the incentive payment in order to ‘‘(e) INCENTIVE PAYMENTS.—The Secretary purposes of the program; shall make incentive payments in an amount procure the services of a certified provider. ‘‘(3) on the violation of a term or condition and at a rate determined by the Secretary to ‘‘(G) FINAL PAYMENT.—The final install- of the contract at any time the producer has be necessary to encourage a producer to per- ment of the incentive payment shall be pay- control of the land— form 1 or more practices. able to a producer on presentation to the ‘‘(A) if the Secretary determines that the ‘‘(f) TECHNICAL ASSISTANCE.— Secretary of documentation that is satisfac- violation warrants termination of the con- ‘‘(1) IN GENERAL.—The Secretary shall allo- tory to the Secretary and that dem- tract— cate funding under the program for the pro- onstrates— ‘‘(i) to forfeit all rights to receive pay- vision of technical assistance according to ‘‘(i) completion of the technical assistance; ments under the contract; and the purpose and projected cost for which the and ‘‘(ii) to refund to the Secretary all or a technical assistance is provided for a fiscal ‘‘(ii) the actual cost of the technical assist- portion of the payments received by the year. ance. owner or operator under the contract, in- ‘‘(2) AMOUNT.—The allocated amount may ‘‘(g) MODIFICATION OR TERMINATION OF CON- cluding any interest on the payments, as de- vary according to— TRACTS.— termined by the Secretary; or ‘‘(A) the type of expertise required; ‘‘(1) VOLUNTARY MODIFICATION OR TERMI- ‘‘(B) if the Secretary determines that the ‘‘(B) the quantity of time involved; and NATION.—The Secretary may modify or ter- violation does not warrant termination of ‘‘(C) other factors as determined appro- minate a contract entered into with a pro- the contract, to refund to the Secretary, or priate by the Secretary. ducer under this chapter if— accept adjustments to, the payments pro- ‘‘(3) LIMITATION.—Funding for technical as- ‘‘(A) the producer agrees to the modifica- vided to the owner or operator, as the Sec- sistance under the program shall not exceed tion or termination; and retary determines to be appropriate; the projected cost to the Secretary of the ‘‘(B) the Secretary determines that the ‘‘(4) on the transfer of the right and inter- technical assistance provided for a fiscal modification or termination is in the public est of the producer in land subject to the year. interest. contract, unless the transferee of the right ‘‘(4) OTHER AUTHORITIES.—The receipt of ‘‘(2) INVOLUNTARY TERMINATION.—The Sec- and interest agrees with the Secretary to as- technical assistance under the program shall retary may terminate a contract under this sume all obligations of the contract, to re- not affect the eligibility of the producer to chapter if the Secretary determines that the fund all cost-share payments and incentive receive technical assistance under other au- producer violated the contract. payments received under the program, as de- thorities of law available to the Secretary. ‘‘SEC. 1240C. EVALUATION OF OFFERS AND PAY- termined by the Secretary; ‘‘(5) INCENTIVE PAYMENTS FOR TECHNICAL MENTS. ‘‘(5) to supply information as required by ASSISTANCE.— ‘‘(a) IN GENERAL.—In evaluating applica- the Secretary to determine compliance with ‘‘(A) IN GENERAL.—A producer that is eligi- tions for technical assistance, cost-share the program plan and requirements of the ble to receive technical assistance for a prac- payments, and incentive payments, the Sec- program; and

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.074 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13307 ‘‘(6) to comply with such additional provi- ‘‘(2) consistent with the maximization of contract grower’ means any person engaged sions as the Secretary determines are nec- environmental benefits per dollar expended in the business of raising and caring for live- essary to carry out the program plan. and the purposes of this chapter. stock in accordance with the instructions of ‘‘SEC. 1240E. ENVIRONMENTAL QUALITY INCEN- ‘‘(d) VERIFICATION.—The Secretary shall another person.’’. TIVES PROGRAM PLAN. identify individuals and entities that are eli- (b) CONTRACTORS.— ‘‘(a) IN GENERAL.—To be eligible to receive gible for a payment under the program using (1) IN GENERAL.—The Packers and Stock- technical assistance, cost-share payments, or social security numbers and taxpayer identi- yards Act, 1921, is amended by striking incentive payments under the program, a fication numbers, respectively. ‘‘packer’’ each place it appears in sections producer of a livestock or agricultural oper- 202, 203, 204, and 205 (7 U.S.C. 192, 193, 194, 195) ation shall submit to the Secretary for ap- SA 2603. Mr. LUGAR (for Mr. MCCAIN (other than section 202(c)) and inserting proval a plan of operations that specifies (for himself, Mr. GRAMM, Mr. KERRY, ‘‘packer or livestock contractor’’. practices covered under the program, and is and Mrs. MURRAY)) proposed an amend- (2) CONFORMING AMENDMENTS.— based on such terms and conditions, as the ment to amendment SA 2471 submitted (A) Section 202(c) of the Packers and Secretary considers necessary to carry out by Mr. DASCHLE and intended to be pro- Stockyards Act, 1921 (7 U.S.C. 192(c)), is the program, including a description of the posed to the bill (S. 1731) to strengthen amended by inserting ‘‘, livestock con- practices to be implemented and the pur- the safety net for agricultural pro- tractor,’’ after ‘‘other packer’’ each place it poses to be met by the implementation of appears. the plan. ducers, to enhance resource conserva- (B) Section 308(a) of the Packers and ‘‘(b) CONFINED ANIMAL FEEDING OPER- tion and rural development, to provide Stockyards Act, 1921 (7 U.S.C. 209(a)), is ATIONS.— for farm credit, agricultural research, amended by inserting ‘‘or livestock produc- ‘‘(1) IN GENERAL.—To be eligible to receive nutrition, and related programs, to en- tion contract’’ after ‘‘poultry growing ar- cost-share payments or incentive payments sure consumers abundant food and rangement’’. for a storage or treatment facility, or associ- fiber, and for other purposes; as fol- (C) Sections 401 and 403 of the Packers and ated waste transport or transfer device, to lows: Stockyards Act, 1921 (7 U.S.C. 221, 223), are manage manure, process wastewater, or amended by inserting ‘‘any livestock con- At the appropriate place in the substitute, other animal waste generated by a confined tractor, and’’ after ‘‘packer,’’ each place it insert the following: animal feeding operation, the producer or appears. SEC. . MARKET NAME FOR CATFISH. owner of the operation shall submit a com- (c) RIGHT TO DISCUSS TERMS OF CON- The term ‘‘catfish’’ shall be considered to prehensive nutrient management plan for TRACT.—The Packers and Stockyards Act, the confined animal feeding operation as be a common or usual name (or part thereof) 1921 (7 U.S.C. 181 et seq.), is amended by add- part of the plan of operations submitted for any fish in keeping with Food and Drug ing at the end the following: Administration procedures that follow sci- under subsection (a). ‘‘SEC. 417. RIGHT TO DISCUSS TERMS OF CON- ‘‘(2) CONTRACT CONDITION.—Implementation entific standards and market practices for TRACT. of the comprehensive nutrient management establishing such names for the purposes of ‘‘(a) IN GENERAL.—Notwithstanding a pro- plan submitted under paragraph (1) shall be section 403 of the Federal Food, Drug, and vision in any contract for the sale or produc- a condition of the environmental quality in- Cosmetic Act, including with respect to the tion of livestock or poultry that provides centives program contract. importation of such fish pursuant to section that information contained in the contract ‘‘(c) AVOIDANCE OF DUPLICATION.—The Sec- 801 of such Act. is confidential, a party to the contract shall retary shall, to the maximum extent prac- SEC. . LABELING OF FISH AS CATFISH. not be prohibited from discussing any terms ticable, eliminate duplication of planning ac- Section 755 of the Agriculture, Rural De- or details of any contract with— tivities under the program and comparable velopment, Food and Drug Administration, ‘‘(1) a legal adviser; conservation programs. and Related Agencies Appropriations Act, ‘‘(2) a lender; ‘‘SEC. 1240F. DUTIES OF THE SECRETARY. 2002, is repealed. ‘‘(3) an accountant; ‘‘To the extent appropriate, the Secretary ‘‘(4) an executive or manager; shall assist a producer in achieving the con- SA 2604. Mr. HARKIN (for himself, ‘‘(5) a landlord; servation and environmental goals of a pro- Mr. GRASSLEY, Mr. FEINGOLD, Mr. ‘‘(6) a family member; or gram plan by— WELLSTONE, and Mr. ENZI) proposed an ‘‘(7) a Federal or State agency with respon- ‘‘(1) providing technical assistance in de- amendment to amendment SA 2471 sub- sibility for— veloping and implementing the plan; mitted by Mr. DASCHLE and intended to ‘‘(A) enforcing a statute designed to pro- ‘‘(2) providing technical assistance, cost- be proposed to the bill (S. 1731) to tect a party to the contract; or share payments, or incentive payments for strengthen the safety net for agricul- ‘‘(B) administering this Act. ‘‘(b) EFFECT ON STATE LAWS.—Subsection developing and implementing 1 or more prac- tural producers, to enhance resource tices, as appropriate; (a) does not affect State laws that address ‘‘(3) providing the producer with informa- conservation and rural development, to confidentiality provisions in contracts for tion, education, and training to aid in imple- provide for farm credit, agricultural re- the sale or production of livestock or poul- mentation of the plan; and search, nutrition, and related pro- try.’’. ‘‘(4) encouraging the producer to obtain grams, to ensure consumers abundant Mr. THURMOND (for him- technical assistance, cost-share payments, or food and fiber, and for other purposes; SA 2605. self and Mr. HELMS) submitted an grants from other Federal, State, local, or as follows: private sources. amendment intended to be proposed to On page 941, strike line 5 and insert the fol- amendment SA 2471 submitted by Mr. ‘‘SEC. 1240G. LIMITATION ON PAYMENTS. lowing: ‘‘(a) IN GENERAL.—Subject to subsection DASCHLE and intended to be proposed Subtitle C—General Provisions (b), the total amount of cost-share and in- to the bill (S. 1731) to strengthen the centive payments paid to a producer under SEC. 1021. PACKERS AND STOCKYARDS. safety net for agricultural producers, (a) DEFINITIONS.—Section 2(a) of the Pack- this chapter shall not exceed— to enhance resource conservation and ‘‘(1) $20,000 for any fiscal year, regardless of ers and Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended by adding at the end the fol- rural development, to provide for farm whether the producer has more than 1 con- credit, agricultural research, nutrition, tract under this chapter for the fiscal year; lowing: ‘‘(2) $60,000 for a contract with a term of 3 ‘‘(12) LIVESTOCK CONTRACTOR.—The term and related programs, to ensure con- years; ‘livestock contractor’ means any person en- sumers abundant food and fiber, and ‘‘(3) $80,000 for a contract with a term of 4 gaged in the business of obtaining livestock for other purposes; which was ordered years; or under a livestock production contract for the to lie on the table; as follows: ‘‘(4) $100,000 for a contract with a term of purpose of slaughtering the livestock or sell- On page 40, line 8, strike the period at the more than 4 years. ing the livestock for slaughter, if— end and insert the following: ‘‘(b) ATTRIBUTION.—An individual or entity ‘‘(A) the livestock is obtained by the per- SEC. 1ll. LEASE AND TRANSFER OF CERTAIN shall not receive, directly or indirectly, total son in commerce; or ALLOTMENTS AND QUOTAS. payments from a single or multiple con- ‘‘(B) the livestock (including livestock (a) IN GENERAL.—Section 316(a)(1)(A)(ii) of tracts this chapter that exceed $20,000 for products from the livestock) obtained by the the Agricultural Adjustment Act of 1938 (7 any fiscal year. person is sold or shipped in commerce. U.S.C. 1314b(a)(1)(A)(ii)) is amended in the ‘‘(c) EXCEPTION TO ANNUAL LIMIT.—The ‘‘(13) LIVESTOCK PRODUCTION CONTRACT.— last sentence by inserting ‘‘(other than the Secretary may exceed the limitation on the The term ‘livestock production contract’ 2002 crop)’’ after ‘‘crops’’. annual amount of a payment to a producer means any growout contract or other ar- (b) STUDY.— under subsection (a)(1) if the Secretary de- rangement under which a livestock produc- (1) IN GENERAL.—The Secretary of Agri- termines that a larger payment is— tion contract grower raises and cares for the culture shall conduct a study of the effects ‘‘(1) essential to accomplish the land man- livestock in accordance with the instruc- of the prohibition provided under the last agement practice or structural practice for tions of another person. sentence of section 316(a)(1)(A)(ii) of the Ag- which the payment is made to the producer; ‘‘(14) LIVESTOCK PRODUCTION CONTRACT ricultural Adjustment Act of 1938 (7 U.S.C. and GROWER.—The term ‘livestock production 1314b(a)(1)(A)(ii)).

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.074 pfrm02 PsN: S14PT1 S13308 CONGRESSIONAL RECORD — SENATE December 14, 2001

(2) REPORT.—Not later than 90 days after be construed to refer to any requirement or public interest of the State or political sub- the date of enactment of this Act, the Sec- prohibition relating to food safety that does division against the impact on interstate retary shall submit to the Committee on Ag- not involve a notification requirement. commerce. riculture of the House of Representatives ‘‘(3) CONSTRUCTION.—Nothing in this sec- ‘‘(2) NATIONAL STANDARDS.—Any State may and the Committee on Agriculture, Nutri- tion shall be construed to prohibit a State petition the Secretary to establish by regu- tion, and Forestry of the Senate a report on from conducting the State’s notification, lation a national standard respecting any re- the results of the study. disclosure, or other dissemination of infor- quirement under this Act or the Fair Pack- mation, or to prohibit any action taken re- aging and Labeling Act (15 U.S.C. 1451 et SA 2606. Mr. HUTCHINSON sub- lating to a mandatory recall or court injunc- seq.) relating to the regulation of a food. mitted an amendment intended to be tion involving food adulteration under a ‘‘(3) ACTION ON PETITIONS.— proposed to amendment SA 2471 sub- State statutory requirement identical to a ‘‘(A) PUBLICATION.—Not later than 30 days food adulteration requirement under this after receipt of any petition under paragraph mitted by Mr. Daschle and intended to Act. be proposed to the bill (S. 1731) to (1) or (2), the Secretary shall publish such pe- ‘‘(b) REVIEW OF EXISTING STATE REQUIRE- tition in the Federal Register for public strengthen the safety net for agricul- MENTS.— comment during a period specified by the ‘‘(1) EXISTING STATE REQUIREMENTS; DEFER- tural producers, to enhance resource Secretary. RAL.—Any requirement that— conservation and rural development, to ‘‘(B) TIME PERIODS FOR ACTION.—Not later ‘‘(A)(i) is a State notification requirement provide for farm credit, agricultural re- than 60 days after the end of the period for for a food that provides for a warning de- search, nutrition, and related pro- public comment, the Secretary shall take scribed in subsection (a) that does not meet grams, to ensure consumers abundant the uniformity requirement specified in sub- final agency action on the petition. If the food and fiber, and for other purposes; section (a); or Secretary is unable to take final agency ac- which was ordered to lie on the table; ‘‘(ii) is a State food safety requirement de- tion on the petition during the 60-day period, as follows: scribed in paragraph (6) or (7) of section 403A the Secretary shall inform the petitioner, in that does not meet the uniformity require- writing, the reasons that taking the final On page 984, line 2, strike the period at the agency action is not possible, the date by end and insert a period and the following: ment specified in that paragraph; and ‘‘(B) is in effect on the date of enactment which the final agency action will be taken, SEC. 10ll. NATIONAL UNIFORMITY FOR FOOD. of the National Uniformity for Food Act of and the final agency action that will be (a) NATIONAL UNIFORMITY.—Section 403A(a) 2000, taken or is likely to be taken. In every case, of the Federal Food, Drug, and Cosmetic Act shall remain in effect for 180 days after that the Secretary shall take final agency action (21 U.S.C. 343–1(a)) is amended— date of enactment. on the petition not later than 120 days after (1) by striking ‘‘or’’ at the end of paragraph ‘‘(2) STATE PETITIONS.—With respect to a the end of the period for public comment. (4); State notification or food safety require- ‘‘(4) JUDICIAL REVIEW.—The failure of the (2) in paragraph (5), by striking the period ment that is described in paragraph (1), the Secretary to comply with any requirement and inserting a comma; and State may petition the Secretary for an ex- of this subsection shall constitute final agen- (3) by adding at the end the following: emption or a national standard under sub- cy action for purposes of judicial review. If ‘‘(6) any requirement for the labeling of section (c). If a State submits such a petition the court conducting the review determines food described in section 403(j), or 403(s), that within 180 days after the date of enactment that the Secretary has failed to comply with is not identical to the requirement of such of the National Uniformity for Food Act of the requirement, the court shall order the section, or 2000, the notification or food safety require- Secretary to comply within a period deter- ‘‘(7) any requirement for a food described ment shall remain in effect until the Sec- mined to be appropriate by the court. in section 402(a)(1), 402(a)(2), 402(a)(6), retary takes all administrative action on the ‘‘(d) IMMINENT HAZARD AUTHORITY.— 402(a)(7), 402(c), 402(f), 402(g), 404, 406, 408, 409, petition pursuant to paragraph (3), and the ‘‘(1) IN GENERAL.—A State may establish a 512, or 721(a), that is not identical to the re- time periods and provisions specified in para- requirement that would otherwise violate quirement of such section.’’. graph (3) shall apply in lieu of the time peri- paragraph (6) or (7) of section 403A(a) or sub- (b) UNIFORMITY IN FOOD SAFETY WARNING ods and provisions specified in subsection section (a), if— NOTIFICATION REQUIREMENTS.—Chapter IV of (c)(3) (but not the time periods and provi- such Act (21 U.S.C. 341 et seq.) is amended— sions specified in subsection (d)(2)). ‘‘(A) the requirement is needed to address an imminent hazard to health that is likely (1) by redesignating sections 403B and 403C ‘‘(3) ACTION ON PETITIONS.— to result in serious adverse health con- as sections 403C and 403D, respectively; and ‘‘(A) PUBLICATION.—Not later than 270 days (2) by inserting after section 403A the fol- after the date of enactment of the National sequences or death; lowing new section: Uniformity for Food Act of 2000, the Sec- ‘‘(B) the State has notified the Secretary ‘‘SEC. 403B. UNIFORMITY IN FOOD SAFETY WARN- retary shall publish a notice in the Federal about the matter involved and the Secretary ING NOTIFICATION REQUIREMENTS. Register concerning any petition submitted has not initiated enforcement action with re- ‘‘(a) UNIFORMITY REQUIREMENT.— under paragraph (2) and shall provide 180 spect to the matter; ‘‘(1) IN GENERAL.—Except as provided in days for public comment on the petition. ‘‘(C) a petition is submitted by the State subsections (c) and (d), no State or political ‘‘(B) TIME PERIODS.—Not later than 360 under subsection (c) for an exemption or na- subdivision of a State may, directly or indi- days after the end of the period for public tional standard relating to the requirement rectly, establish or continue in effect under comment, the Secretary shall take final not later than 30 days after the date that the any authority any notification requirement agency action on the petition. State establishes the requirement under this for a food that provides for a warning con- ‘‘(C) JUDICIAL REVIEW.—The failure of the subsection; and cerning the safety of the food, or any compo- Secretary to comply with any requirement ‘‘(D) the State institutes enforcement ac- nent or package of the food, unless such a of this paragraph shall constitute final agen- tion with respect to the matter in compli- notification requirement has been prescribed cy action for purposes of judicial review. If ance with State law within 30 days after the under the authority of this Act and the State the court conducting the review determines date that the State establishes the require- or political subdivision notification require- that the Secretary has failed to comply with ment under this subsection. ment is identical to the notification require- the requirement, the court shall order the ‘‘(2) ACTION ON PETITION.— ment prescribed under the authority of this Secretary to comply within a period deter- ‘‘(A) IN GENERAL.—The Secretary shall Act. mined to be appropriate by the court. take final agency action on any petition sub- ‘‘(2) DEFINITIONS.—For purposes of para- ‘‘(c) EXEMPTIONS AND NATIONAL STAND- mitted under paragraph (1)(C) not later than graph (1)— ARDS.— 7 days after the petition is received, and the ‘‘(A) the term ‘notification requirement’ ‘‘(1) EXEMPTIONS.—Any State may petition provisions of subsection (c) shall not apply includes any mandatory disclosure require- the Secretary to provide by regulation an ex- to the petition. ment relating to the dissemination of infor- emption from paragraph (6) or (7) of section ‘‘(B) JUDICIAL REVIEW.—The failure of the mation about a food by a manufacturer or 403A(a) or subsection (a), for a requirement Secretary to comply with the requirement distributor of a food in any manner, such as of the State or a political subdivision of the described in subparagraph (A) shall con- through a label, labeling, poster, public no- State. The Secretary may provide such an stitute final agency action for purposes of ju- tice, advertising, or any other means of com- exemption, under such conditions as the Sec- dicial review. If the court conducting the re- munication, except as provided in paragraph retary may impose, for such a requirement view determines that the Secretary has (3); that— failed to comply with the requirement, the ‘‘(B) the term ‘warning’, used with respect ‘‘(A) protects an important public interest court shall order the Secretary to comply to a food, means any statement, vignette, or that would otherwise be unprotected, in the within a period determined to be appropriate other representation that indicates, directly absence of the exemption; by the court. or by implication, that the food presents or ‘‘(B) would not cause any food to be in vio- ‘‘(3) DURATION.—If a State establishes a re- may present a hazard to health or safety; lation of any applicable requirement or pro- quirement in accordance with paragraph (1), and hibition under Federal law; and the requirement may remain in effect until ‘‘(C) a reference to a notification require- ‘‘(C) would not unduly burden interstate the Secretary takes final agency action on a ment that provides for a warning shall not commerce, balancing the importance of the petition submitted under paragraph (1)(C).

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.068 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13309 ‘‘(e) NO EFFECT ON PRODUCT LIABILITY mitted by Mr. DASCHLE and intended to On page 41, line 6, strike ‘‘this Act’’ and in- LAW.—Nothing in this section shall be con- be proposed to the bill (S. 1731) to sert ‘‘the District of Columbia Family Court strued to modify or otherwise affect the strengthen the safety net for agricul- Act of 2001’’. product liability law of any State. tural producers, to enhance resource On page 41, line 8, strike all after ‘‘15’’ ‘‘(f) NO EFFECT ON IDENTICAL LAW.—Noth- through line 13 and insert a dash and the fol- ing in this section or section 403A relating to conservation and rural development, to lowing: a food shall be construed to prevent a State provide for farm credit, agricultural re- ‘‘(A) the chief judge may temporarily reas- or political subdivision of a State from es- search, nutrition, and related pro- sign judges from other divisions of the Supe- tablishing, enforcing, or continuing in effect grams, to ensure consumers abundant rior Court to serve on the Family Court who a requirement that is identical to a require- food and fiber, and for other purposes; meet the requirements of paragraphs (1) and ment of this Act, whether or not the Sec- as follows: (3) of subsection (b) or senior judges who retary has promulgated a regulation or On page 212, strike lines 13 through 15 and meet the requirements of those paragraphs, issued a policy statement relating to the re- insert the following: except such reassigned judges shall not be quirement. subject to the term of service requirements ‘‘(g) NO EFFECT ON CERTAIN STATE LAW.— reduce the amount of payments made by the set forth in subsection (c); and Nothing in this section or section 403A relat- Secretary for other practices under the con- ‘‘(B) the chief judge shall, within 30 days of ing to a food shall be construed to prevent a servation reserve program. emergency temporary reassignment pursu- State or political subdivision of a State from ‘‘(j) PER-ACRE PAYMENT LEVELS.— ant to subparagraph (A), submit a report to establishing, enforcing, or continuing in ef- ‘‘(1) IN GENERAL.—Not later than 1 year fect a requirement relating to— after the date of enactment of this sub- the President and Congress describing— ‘‘(1) freshness dating, open date labeling, section, the Secretary shall conduct a study ‘‘(i) the nature of the emergency; grade labeling, a State inspection stamp, re- to determine, and promulgate regulations ‘‘(ii) how the emergency was addressed, in- ligious dietary labeling, organic or natural that establish in accordance with paragraph cluding which judges were reassigned; and designation, returnable bottle labeling, unit (2), per-acre values for payments for dif- ‘‘(iii) whether and why an increase in the pricing, or a statement of geographic origin; ferent categories of land enrolled in the con- number of Family Court judges authorized in or servation reserve program. subsection (a)(1) may be necessary to serve ‘‘(2) a consumer advisory relating to food ‘‘(2) VALUES.—In carrying out paragraph the needs of families and children in the Dis- sanitation that is imposed on a food estab- (1), the Secretary shall ensure that— trict of Columbia. lishment, or that is recommended by the ‘‘(A) the per-acre value for highly erodible On page 42, line 20, after ‘‘Court’’ insert Secretary, under part 3–6 of the Food Code land or other sensitive land (as identified by ‘‘who is reassigned on an emergency tem- issued by the Food and Drug Administration the Secretary) that is not suitable for agri- porary basis pursuant to subsection (a)(2)’’. and referred to in the notice published at 64 cultural production; is greater than On page 43, beginning with line 4, strike all Fed. Reg. 8576 (1999) (or any corresponding ‘‘(B) the per-acre value for land that is through line 21 and insert the following: similar provision of such a Code). suitable for agricultural production (as de- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(h) DEFINITION.—In section 403A and this termined by the Secretary).’’. paragraph (2), an individual assigned to serve section, the term ‘requirement’, used with SA 2609. Mr. ROBERTS submitted an as a judge of the Family Court of the Supe- rior Court shall serve for a term of 5 years. respect to a Federal action or prohibition, amendment to be proposed to amend- ‘‘(2) SPECIAL RULE FOR JUDGES SERVING ON means a mandatory action or prohibition es- ment SA 2471 submitted by Mr. tablished under this Act or the Fair Pack- SUPERIOR COURT ON DATE OF ENACTMENT OF aging and Labeling Act (15 U.S.C. 1451 et DASCHLE and intended to be proposed FAMILY COURT ACT OF 2001.— seq.), as appropriate, or by a regulation to the bill (S. 1731) to strengthen the ‘‘(A) IN GENERAL.—An individual assigned issued under or by a court order relating to, safety net for agricultural producers, to serve as a judge of the Family Court of this Act or the Fair Packaging and Labeling to enhance resource conservation and the Superior Court who is serving as a judge Act, as appropriate.’’. rural development, to provide for farm of the Superior Court on the date of the en- (c) CONFORMING AMENDMENT.—Section credit, agricultural research, nutrition, actment of the District of Columbia Family 403A(b) of such Act (21 U.S.C. 343–1(b)) is and related programs, to ensure con- Court Act of 2001 shall serve for a term of not amended by adding at the end the following: fewer than 3 years. sumers abundant food and fiber, and ‘‘The requirements of paragraphs (3) and (4) ‘‘(B) REDUCTION OF PERIOD FOR JUDGES of section 403B(c) shall apply to any such pe- for other purposes; as follows: SERVING IN FAMILY DIVISION.—In the case of a tition, in the same manner and to the same On page 797, line 4, strike the period at the judge of the Superior Court who is serving as extent as the requirements apply to a peti- end and insert a period and the following: a judge in the Family Division of the Court tion described in section 403B(c).’’. SEC. 787. CARBON CYCLE RESEARCH. on the date of the enactment of the District Section 221 of the Agricultural Risk Pro- Mr. BURNS proposed an of Columbia Family Court Act of 2001, the 3- SA 2607. tection Act of 2000 (114 Stat. 407) is amend- year term applicable under subparagraph (A) amendment to amendment SA 2471 sub- ed— shall be reduced by the length of any period mitted by Mr. DASCHLE and intended to (1) in subsection (a), by striking ‘‘Of the of consecutive service as a judge in such Di- be proposed to the bill (S. 1731) to amount’’ and all that follows through ‘‘to vision immediately preceding the date of the strengthen the safety net for agricul- provide’’ and inserting ‘‘To the extent that enactment of such Act. tural producers, to enhance resource funds are made available for the purpose, the On page 43, line 22, strike ‘‘(2)’’ and insert conservation and rural development, to Secretary shall provide’’; ‘‘(3)’’. provide for farm credit, agricultural re- (2) in subsection (d), by striking ‘‘under On page 44, line 6, strike ‘‘(3)’’ and insert search, nutrition, and related pro- subsection (a)’’ and inserting ‘‘to carry out ‘‘(4)’’. this section’’; and On page 45, line 19, after ‘‘Court’’ insert ‘‘, grams, to ensure consumers abundant (3) by adding at the end the following: including a description of how the Superior food and fiber, and for other purposes; ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Court will handle the one family, one judge as follows: There are authorized to be appropriated for requirement pursuant to section 11–1104(a) On page 205, strike lines 8 through 11 and fiscal years 2002 through 2011 such sums as for all cases and proceedings assigned to the insert the following: are necessary to carry out this section.’’. Family Court.’’. (c) MAXIMUM ENROLLMENT.—Section 1231(d) On page 47, line 1, strike ‘‘PROPOSAL’’ and of the Food Security Act of 1985 (16 U.S.C. SA 2610. Mr. DASCHLE (for Mr. insert ‘‘PLAN’’. 3831(d)) is amended— LIEBERMAN (for himself and Mr. THOMP- On page 47, beginning with line 15, strike (1) by striking ‘‘The Secretary’’ and insert- SON)) proposed an amendment to the all beginning with ‘‘The requirement’’ ing the following: bill H.R. 2657, to amend title 11, Dis- through line 19. ‘‘(1) IN GENERAL.—The Secretary’’; trict of Columbia Code, to redesignate On page 48, line 5, after the dash, insert (2) by striking ‘‘36,400,000’’ and inserting the Family Division of the Superior ‘‘The chief judge of the Superior Court ‘‘41,100,000’’; and should make every effort to provide for the (3) by adding at the end the following: Court of the District of Columbia as earliest practicable disposition of actions.’’. ‘‘(2) PER-FARM LIMITATION.—In the case a the Family Court of the Superior On page 48, line 13, after ‘‘judges’’ insert ‘‘, contract entered into on or after the date of Court, to recruit and retain trained including senior judges as defined in section enactment of this paragraph or the expira- and experienced judges to serve in the 11–1504, District of Columbia Code’’. tion of a contract entered into before that Family Court, to promote consistency On page 48, line 15, after ‘‘judges’’ insert ‘‘, date, an owner or operator may enroll not and efficiency in the assignment of including senior judges’’. more than 50 percent of the eligible land (as judges to the Family Court and in con- On page 48, line 18, strike ‘‘section 103(a)(3) described in subsection (b)) of an agricul- sideration of actions and proceedings of’’. tural operation of the owner or operator in On page 48, line 19, strike ‘‘(42 U.S.C. the program under this subchapter.’’. in the Family Court, and for other pur- 675(5)(E))’’ and insert ‘‘, if applicable’’. poses; as follows: On page 48, line 19, strike ‘‘and’’. SA 2608. Mr. BURNS proposed an On page 41, line 4, strike ‘‘EXCEPTION’’, and On page 48, strike lines 20 through 24 and amendment to amendment SA 2471 sub- insert ‘‘EMERGENCY REASSIGNMENT’’. insert the following:

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.069 pfrm02 PsN: S14PT1 S13310 CONGRESSIONAL RECORD — SENATE December 14, 2001 (ii) the chief judge determines, in consulta- the presiding judge of the Family Court, (A) by redesignating subsections (l) and (m) tion with the presiding judge of the Family based on the record in the case and any as subsections (m) and (n), respectively; and Court, based on the record in the case and unique expertise, training or knowledge of (B) by inserting after subsection (k) the any unique expertise, training, or knowledge the case that the judge might have, that per- following new subsection: of the case that the judge might have, that mitting the judge to retain the case would ‘‘(l) INTEREST RATES FOR NEW LOANS ON OR permitting the judge to retain the case lead to permanent placement of the child AFTER JULY 1, 2006.— would lead to permanent placement of the more quickly than reassignment to a judge ‘‘(1) IN GENERAL.—Notwithstanding sub- child more quickly than reassignment to a in the Family Court. section (h), with respect to any loan made, judge in the Family Court. On page 69, line 12, after ‘‘appointed’’ in- insured, or guaranteed under this part (other (D) PRIORITY FOR CERTAIN ACTIONS AND PRO- sert ‘‘or assigned’’. than a loan made pursuant to section 428B or CEEDINGS.—The chief judge of the Superior On page 69, line 14, strike ‘‘assigned to han- 428C) for which the first disbursement is Court, in consultation with the presiding dle Family Court cases’’ and insert ‘‘as a made on or after July 1, 2006, the applicable judge of the Family Court, shall give pri- magistrate judge for the Domestic Violence rate of interest shall be 6.8 percent on the ority consideration to the disposition or Unit handling actions or proceedings which unpaid principal balance of the loan. transfer of the following actions and pro- would otherwise be under the jurisdiction of ‘‘(2) PLUS LOANS.—Notwithstanding sub- ceedings: the Family Court’’. section (h), with respect to any loan under (i) The action or proceeding involves an al- On page 71, line 2, insert ‘‘appropriate’’ be- section 428B for which the first disbursement legation of abuse or neglect. fore ‘‘presiding judge’’. is made on or after July 1, 2006, the applica- (ii) The action or proceeding was initiated On page 71, line 16, insert ‘‘appropriate’’ ble rate of interest shall be 7.9 percent on the in the family division prior to the 2-year pe- before ‘‘presiding judge’’. unpaid principal balance of the loan. riod which ends on the date of enactment of On page 71, line 16, strike ‘‘of the Family ‘‘(3) CONSOLIDATION LOANS.—With respect this Act. Court’’. to any consolidation loan under section 428C (iii) The judge to whom the action or pro- On page 73, line 24, strike ‘‘not more than for which the application is received by an ceeding is assigned as of the date of enact- 5’’. eligible lender on or after July 1, 2006, the ment of this Act is not assigned to the Fam- On page 74, line 5, after ‘‘subsection (a))’’ applicable rate of interest shall be at an an- ily Division. insert ‘‘, for the purpose of assisting with the nual rate on the unpaid principal balance of On page 49, line 1, strike ‘‘(D)’’ and insert implementation of the transition plan under the loan that is equal to the lesser of— ‘‘(A) the weighted average of the interest ‘‘(E)’’. section 3(b) of this Act, and in particular rates on the loans consolidated, rounded to On page 49, line 2, strike ‘‘report’’ and in- with the transition or disposal of actions or the nearest higher one-eighth of 1 percent; or sert ‘‘submit reports to the President,’’. proceedings pursuant to section 3(b)(2) of ‘‘(B) 8.25 percent.’’. On page 49, lines 7 and 8, strike ‘‘enact- this Act’’. (2) CONFORMING AMENDMENT.—Section ment of this Act’’ and insert ‘‘submission of On page 74, after line 25, insert the fol- 428C(c)(1)(A) of such Act (20 U.S.C. 1078– the transition plan required under paragraph lowing: 3(c)(1)(A)) is amended to read as follows: (1)’’. (C) RULE OF CONSTRUCTION.—Nothing in ‘‘(1) INTEREST RATE.—(A) Notwithstanding On page 49, line 9, strike ‘‘(D)’’ and insert this subsection shall be construed to pre- subparagraphs (B) and (C), with respect to ‘‘(E)’’. clude magistrate judges appointed pursuant On page 49, after line 10, insert the fol- any loan made under this section for which to this subsection from performing upon ap- the application is received by an eligible lowing: pointment any or all of the functions of mag- (F) RULE OF CONSTRUCTION.—Nothing in lender— istrate judges of the Family Court or Domes- ‘‘(i) on or after October 1, 1998, and before this subsection shall preclude the chief tic Violence Unit as set forth in subsection judge, in consultation with the presiding July 1, 2006, the applicable interest rate shall 11–1732A(d). be determined under section 427A(k)(4); or judge of the Family Court, from transferring On page 75, line 22, after ‘‘construction’’ in- actions or proceedings pending before judges ‘‘(ii) on or after July 1, 2006, the applicable sert ‘‘, lease, or acquisition’’. interest rate shall be determined under sec- outside the Family Court at the enactment On page 76, line 12, beginning after ‘‘upon’’ of this Act which do not involve allegations tion 427A(l)(3).’’. strike all through line 14 and insert ‘‘enact- (b) DIRECT LOANS FIXED INTEREST RATES.— of abuse and neglect but which would other- ment of this Act.’’. (1) TECHNICAL CORRECTION.—Paragraph (6) wise fall under the jurisdiction of the Family of section 455(b) of the Higher Education Act Court to judges in the Family Court prior to f of 1965 (20 U.S.C. 1087e(b)), as redesignated by the deadline as defined in subparagraph 2(B), HIGHER EDUCATION ACT OF 1965 section 8301(c)(1) of the Transportation Eq- particularly if such transfer would result in AMENDMENTS uity Act for the 21st Century (Public Law more efficient resolution of such actions or 105–178; 112 Stat. 498) is redesignated as para- proceedings. Mr. DASCHLE. Mr. President, I ask graph (9) and is transferred to follow para- On page 51, line 18, after ‘‘including the’’ unanimous consent that the Senate graph (7) of section 455(b) of the Higher Edu- insert ‘‘implementation of the’’. proceed to the immediate consider- cation Act of 1965. On page 52, after line 14 insert the fol- ation of Calendar No. 277, S. 1762. lowing: (2) AMENDMENTS.—Section 455(b) of the (D) An analysis of the timeliness of the The PRESIDING OFFICER. The Higher Education Act of 1965 (20 U.S.C. resolution and disposition of pending actions clerk will report the bill by title. 1087e(b)) is amended— and proceedings required under the transi- The legislative clerk read as follows: (A) by redesignating paragraph (7) as paragraph (8); and tion plan (as described in paragraphs (1)(I) A bill (S. 1762) to amend the Higher Edu- (B) by inserting after paragraph (6) the fol- and (2) of subsection (b)), including an anal- cation Act of 1965 to establish fixed interest lowing new paragraph: ysis of the effect of the availability of mag- rates for student and parent borrowers, to ‘‘(7) INTEREST RATE PROVISION FOR NEW istrate judges on the time required to resolve extend current law with respect to special al- LOANS ON OR AFTER JULY 1, 2006.— and dispose of such actions and proceedings. lowances for lenders, and for other purposes. ‘‘(A) RATES FOR FDSL AND FDUSL.—Notwith- On page 54, line 23, strike ‘‘chapter 11’’ and There being no objection, the Senate insert ‘‘chapter 13’’. standing the preceding paragraphs of this On page 54, line 23, strike ‘‘title 21’’ and in- proceeded to consider the bill. subsection, for Federal Direct Stafford Loans sert ‘‘title 7’’. Mr. DASCHLE. Mr. President, I ask and Federal Direct Unsubsidized Stafford On page 54, line 24, strike ‘‘substantially’’ unanimous consent that the bill be Loans for which the first disbursement is and insert ‘‘at least moderately mentally’’. read a third time and passed, the mo- made on or after July 1, 2006, the applicable On page 56, line 18, strike ‘‘2(C)’’ and insert tion to reconsider be laid upon the rate of interest shall be 6.8 percent on the unpaid principal balance of the loan. ‘‘2(D)’’. table, and that any statements related On page 56, line 22, after ‘‘magistrate ‘‘(B) PLUS LOANS.—Notwithstanding the judge’’ insert ‘‘in the Family Court’’. thereto be printed in the RECORD. preceding paragraphs of this subsection, with On page 56, line 25, after ‘‘lawful’’ insert ‘‘, The PRESIDING OFFICER. Without respect to any Federal Direct PLUS loan for subject to subparagraph (C)’’. objection, it is so ordered. which the first disbursement is made on or On page 57, line 22, strike ‘‘18 months’’ and The bill (S. 1762) was read the third after July 1, 2006, the applicable rate of in- insert ‘‘6 months or, in extraordinary cir- time and passed as follows: terest shall be 7.9 percent on the unpaid principal balance of the loan. cumstances, for not more than 12 months’’. S. 1762 On page 57, line 25, strike ‘‘section 103(a)(3) ‘‘(C) CONSOLIDATION LOANS.—Notwith- of’’. Be it enacted by the Senate and House of Rep- standing the preceding paragraphs of this On page 58, line 1, strike ‘‘(42 U.S.C. resentatives of the United States of America in subsection, any Federal Direct Consolidation 675(E))’’. Congress assembled, loan for which the application is received on On page 58, beginning with line 2, strike all SECTION 1. INTEREST RATE PROVISIONS. or after July 1, 2006, shall bear interest at an through line 10 and insert the following: (a) FFEL FIXED INTEREST RATES.— annual rate on the unpaid principal balance applicable; and (1) AMENDMENT.—Section 427A of the High- of the loan that is equal to the lesser of— ‘‘(ii) if Public Law 105–89 is applicable, the er Education Act of 1965 (20 U.S.C. 1077a) is ‘‘(i) the weighted average of the interest chief judge determines, in consultation with amended— rates on the loans consolidated, rounded to

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.080 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13311 the nearest higher one-eighth of one percent; legislation and I am proud to have proceed to the immediate consider- or worked with both students and lenders ation of Calendar No. 278, S. 1793. ‘‘(ii) 8.25 percent.’’. and my colleagues on the Health, Edu- The PRESIDING OFFICER. The (c) EXTENSION OF CURRENT INTEREST RATE cation, Labor, and Pensions Com- clerk will report the bill by title. PROVISIONS FOR THREE YEARS.—Sections 427A(k) and 455(b)(6) of the Higher Education mittee, especially Chairman KENNEDY The legislative clerk read as follows: Act of 1965 (20 U.S.C. 1077a(k), 1087e(b)(6)) are and Ranking Member GREGG, as well as A bill (S. 1793) to provide the Secretary of each amended— Majority Leader DASCHLE, in passing Education with the specific waiver authority (1) by striking ‘‘2003’’ in the heading and this monumental legislation. to respond to conditions in national emer- inserting ‘‘2006’’; and All across America, millions of young gency declared by the President on Sep- (2) by striking ‘‘July 1, 2003,’’ each place it people are preparing to apply to col- tember 14, 2001. appears and inserting ‘‘July 1, 2006,’’. lege. These teenagers are dreaming not There being no objection, the Senate SEC. 2. EXTENSION OF SPECIAL ALLOWANCE only of the college experience they are proceeded to consider the bill. PROVISION. about to embark upon, but also of Mr. DASCHLE. Mr. President, I ask Section 438(b)(2)(I) of the Higher Education graduating to become teachers, doc- unanimous consent that the bill be Act of 1965 (20 U.S.C. 1087–1(b)(2)(I)) is amend- read a third time and passed, the mo- ed— tors, engineers, and even public serv- (1) by striking ‘‘, AND BEFORE JULY 1, 2003’’ ants. Thanks to the national education tion to reconsider be laid upon the in the heading; loan program, the educational and ca- table, and that any statements relating (2) by striking ‘‘and before July 1, 2003,’’ reer aspirations of students and their thereto be printed in the RECORD. each place it appears, other than in clauses families can become reality. The PRESIDING OFFICER. Without (ii) and (v); We know that the future of our Na- objection, it is so ordered. (3) by striking clause (ii) and inserting the tion lies in educating the next genera- The bill (S. 1793) was read the third following: tion of young people so that each of time and passed as follows: ‘‘(ii) IN SCHOOL AND GRACE PERIOD.—In the S. 1793 case of any loan— them can realize the promise of Amer- ‘‘(I) for which the first disbursement is ica. For 35 years, we have invested in Be it enacted by the Senate and House of Rep- made on or after January 1, 2000, and before our future by opening the doors of col- resentatives of the United States of America in July 1, 2006, and for which the applicable leges and universities to the broadest Congress assembled, rate of interest is described in section cross-section of our citizens at the low- SECTION 1. SHORT TITLE. 427A(k)(2); or est possible cost. That is why passing This Act may be cited as the ‘‘Higher Edu- ‘‘(II) for which the first disbursement is this legislation was crucial to ensure cation Relief Opportunities for Students Act made on or after July 1, 2006, and for which that education loans are available to of 2001’’. the applicable rate of interest is described in help future generations of students, SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO section 427A(l)(1), but only with respect to NATIONAL EMERGENCY. (aa) periods prior to the beginning of the re- workers, and their families climb the (a) WAIVERS AND MODIFICATIONS.— payment period of the loan; or (bb) during ladder of economic opportunity. (1) IN GENERAL.—Notwithstanding any the periods in which principal need not be Since 1965, a partnership of students, other provision of law, unless enacted with paid (whether or not such principal is in fact workers, their families, educational in- specific reference to this section, the Sec- paid) by reason of a provision described in stitutions, lenders, and the Federal retary of Education (referred to in this Act section 427(a)(2)(C) or 428(b)(1)(M); Government has opened the doors of as the ‘‘Secretary’’) may waive or modify clause (i)(III) of this subparagraph shall be educational opportunity for more than any statutory or regulatory provision appli- applied by substituting ‘1.74 percent’ for ‘2.34 50 million Americans. By any measure, cable to the student financial aid programs percent’.’’; under title IV of the Higher Education Act of (4) in clause (iii), by inserting ‘‘or (l)(2)’’ the education loan program is a win- 1965 (20 U.S.C. 1070 et seq.) as the Secretary after ‘‘427A(k)(3)’’; ning investment for our Nation. deems necessary in connection with the na- (5) in clause (iv), by inserting ‘‘or (l)(3)’’ Education loans are good invest- tional emergency to provide the waivers or after ‘‘427A(k)(4)’’; ments in our economy and in our citi- modifications authorized by paragraph (2). (6) in clause (v)— zens. As I travel across South Dakota, (2) ACTIONS AUTHORIZED.—The Secretary is (A) in the heading, by inserting ‘‘BEFORE educators, employers, and students tell authorized to waive or modify any provision JULY 1, 2006’’ after ‘‘PLUS LOANS’’; and me how valuable a college degree is in described in paragraph (1) as may be nec- (B) by striking ‘‘July 1, 2003,’’ and insert- today’s economy. Indeed, we know that essary to ensure that— ing ‘‘July 1, 2006,’’; graduates with college degrees earn an (A) borrowers of Federal student loans who (7) in clause (vi)— are affected individuals are not placed in a (A) by inserting ‘‘or (l)(3)’’ after average of 80 percent more than indi- worse position financially in relation to ‘‘427A(k)(4)’’ the first place it appears; and viduals with only a high school di- those loans because of their status as af- (B) by inserting ‘‘or (l)(3), whichever is ap- ploma. Over a lifetime, the earnings fected individuals; plicable’’ after ‘‘427A(k)(4)’’ the second place difference between individuals with (B) administrative requirements placed on it appears; and high school and college degrees can be affected individuals who are borrowers of (8) by adding at the end the following new more than $1 million. At a time when Federal student loans are minimized, to the clause: many workers are losing their jobs extent possible without impairing the integ- ‘‘(vii) LIMITATION ON SPECIAL ALLOWANCES through no fault of their own, edu- rity of the student loan programs, to ease FOR PLUS LOANS ON OR AFTER JULY 1, 2006.—In the burden on such borrowers and avoid in- the case of PLUS loans made under section cation loans are critical tools that can advertent, technical violations or defaults; 428B and first disbursed on or after July 1, empower these workers to upgrade (C) the calculation of ‘‘annual adjusted 2006, for which the interest rate is deter- their skills. As we search for ways to family income’’ and ‘‘available income’’, as mined under section 427A(l)(2), a special al- expand our economic prosperity, we used in the determination of need for student lowance shall not be paid for such loan dur- must preserve this important invest- financial assistance under title IV of the ing any 12-month period beginning on July 1 ment in the future of our Nation. Higher Education Act of 1965 (20 U.S.C. 1070 and ending on June 30 unless— Congress has now taken the initia- et seq.) for any such affected individual (and ‘‘(I) the average of the bond equivalent tive to ensure that future generations the determination of such need for his or her rates of the quotes of the 3-month commer- spouse and dependents, if applicable), may be cial paper (financial), as published by the have access to the college or university modified to mean the sums received in the Board of Governors of the Federal Reserve of their choice by enacting a perma- first calendar year of the award year for System in Publication H–15 (or its suc- nent solution to the interest rate issue. which such determination is made, in order cessor), for the last calendar week ending on Again, I thank my colleagues on both to reflect more accurately the financial con- or before such July 1; plus sides of the aisle for their support in dition of such affected individual and his or ‘‘(II) 2.64 percent, passing this critically important legis- her family; and exceeds 9.0 percent.’’. lation of which we can all be proud. (D) institutions of higher education, eligible lenders, guaranty agencies, and other en- Mr. JOHNSON. Mr. President, today f the Senate passed S. 1762, a bill I intro- tities participating in the student assistance duced to improve the formula for stu- HIGHER EDUCATION RELIEF OP- programs under title IV of the Higher Edu- cation Act of 1965 (20 U.S.C. 1070 et seq.) that dent loan interest rates and to ensure PORTUNITIES FOR STUDENTS ACT OF 2001 are located in, or whose operations are di- the long-term viability of the student rectly affected by, areas that are declared loan program. I am pleased the Senate Mr. DASCHLE. Mr. President, I ask disaster areas by any Federal, State, or local unanimously agreed to this important unanimous consent that the Senate official in connection with the national

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.075 pfrm02 PsN: S14PT1 S13312 CONGRESSIONAL RECORD — SENATE December 14, 2001 emergency may be granted temporary relief duty for training or attendance at a service There being no objection, the Senate from requirements that are rendered infeasi- school. proceeded to consider the bill which ble or unreasonable by the national emer- (2) AFFECTED INDIVIDUAL.—The term ‘‘af- had been reported from the Committee gency, including due diligence requirements fected individual’’ means an individual on Governmental Affairs, with an and reporting deadlines. who— (b) NOTICE OF WAIVERS OR MODIFICATIONS.— (A) is serving on active duty during the na- amendment to strike all after the en- (1) IN GENERAL.—Notwithstanding section tional emergency; acting clause and inserting in lieu 437 of the General Education Provisions Act (B) is serving on National Guard duty dur- thereof the following: (20 U.S.C. 1232) and section 553 of title 5, ing the national emergency; SECTION 1. SHORT TITLE. United States Code, the Secretary shall, by (C) resides or is employed in an area that This Act may be cited as the ‘‘District of Co- notice in the Federal Register, publish the is declared a disaster area by any Federal, lumbia Family Court Act of 2001’’. waivers or modifications of statutory and State, or local official in connection with SEC. 2. REDESIGNATION OF FAMILY DIVISION AS regulatory provisions the Secretary deems the national emergency; or FAMILY COURT OF THE SUPERIOR necessary to achieve the purposes of this sec- (D) suffered direct economic hardship as a COURT. tion. direct result of the national emergency, as (a) IN GENERAL.—Section 11–902, District of (2) TERMS AND CONDITIONS.—The notice determined under a waiver or modification Columbia Code, is amended to read as follows: under paragraph (1) shall include the terms issued under this Act. ‘‘§ 11–902. Organization of the court and conditions to be applied in lieu of such (3) FEDERAL STUDENT LOAN.—The term ‘‘(a) IN GENERAL.—The Superior Court shall statutory and regulatory provisions. ‘‘Federal student loan’’ means a loan made, consist of the following: (3) CASE-BY-CASE BASIS.—The Secretary is insured, or guaranteed under part B, D, or E ‘‘(1) The Civil Division. not required to exercise the waiver or modi- of title IV of the Higher Education Act of ‘‘(2) The Criminal Division. fication authority under this section on a 1965 (20 U.S.C. 1071 et seq., 20 U.S.C. 1087a et ‘‘(3) The Family Court. case-by-case basis. seq., and 20 U.S.C. 1087aa et seq.). ‘‘(4) The Probate Division. (c) IMPACT REPORT.—The Secretary shall, (4) NATIONAL EMERGENCY.—The term ‘‘na- ‘‘(5) The Tax Division. not later than 15 months after first exer- tional emergency’’ means the national emer- ‘‘(b) BRANCHES.—The divisions of the Superior cising any authority to issue a waiver or gency by reason of certain terrorist attacks Court may be divided into such branches as the modification under subsection (a), report to declared by the President on September 14, Superior Court may by rule prescribe. the Committee on Education and the Work- 2001, or subsequent national emergencies de- ‘‘(c) DESIGNATION OF PRESIDING JUDGE OF force of the House of Representatives and the clared by the President by reason of terrorist FAMILY COURT.—The chief judge of the Superior Committee on Health, Education, Labor and attacks. Court shall designate one of the judges assigned Pensions of the Senate on the impact of any (5) SERVING ON ACTIVE DUTY DURING THE NA- to the Family Court of the Superior Court to waivers or modifications issued pursuant to TIONAL EMERGENCY.—The term ‘‘serving on serve as the presiding judge of the Family Court subsection (a) on affected individuals and the active duty during the national emergency’’ of the Superior Court. programs under title IV of the Higher Edu- shall include service by an individual who ‘‘(d) JURISDICTION DESCRIBED.—The Family cation Act of 1965 (20 U.S.C. 1070 et seq.), and is— Court shall have original jurisdiction over the the basis for such determination, and include (A) a Reserve of an Armed Force ordered to actions, applications, determinations, adjudica- in such report the Secretary’s recommenda- active duty under section 12301(a), 12301(g), tions, and proceedings described in section 11– tions for changes to the statutory or regu- 12302, 12304, or 12306 of title 10, United States 1101. Actions, applications, determinations, ad- latory provisions that were the subject of Code, or any retired member of an Armed judications, and proceedings being assigned to such waiver or modification. Force ordered to active duty under section cross-jurisdictional units established by the Su- (d) NO DELAY IN WAIVERS AND MODIFICA- 688 of such title, for service in connection perior Court, including the Domestic Violence TIONS.—Sections 482(c) and 492 of the Higher with such emergency or subsequent actions Unit, on the date of enactment of this section Education Act of 1965 (20 U.S.C. 1089(c), 1098a) or conditions, regardless of the location at may continue to be so assigned after the date of shall not apply to the waivers and modifica- which such active duty service is performed; enactment of this section.’’. tions authorized or required by this Act. and (b) CONFORMING AMENDMENT TO CHAPTER 9.— SEC. 3. TUITION REFUNDS OR CREDITS FOR (B) any other member of an Armed Force Section 11–906(b), District of Columbia Code, is MEMBERS OF ARMED FORCES. on active duty in connection with such emer- amended by inserting ‘‘the Family Court and’’ (a) SENSE OF CONGRESS.—It is the sense of gency or subsequent actions or conditions before ‘‘the various divisions’’. Congress that— who has been assigned to a duty station at a (c) CONFORMING AMENDMENTS TO CHAPTER (1) all institutions offering postsecondary location other than the location at which 11.—(1) The heading for chapter 11 of title 11, education should provide a full refund to stu- such member is normally assigned. District of Columbia, is amended by striking dents who are members of the Armed Forces (6) SERVING ON NATIONAL GUARD DUTY DUR- ‘‘FAMILY DIVISION’’ and inserting ‘‘FAMILY serving on active duty during the national ING THE NATIONAL EMERGENCY.—The term COURT’’. emergency, for that portion of a period of in- ‘‘serving on National Guard duty during the (2) The item relating to chapter 11 in the table struction such student was unable to com- national emergency’’ shall include per- of chapters for title 11, District of Columbia, is plete, or for which such individual did not reforming training or other duty authorized by amended by striking ‘‘FAMILY DIVISION’’ and in- ceive academic credit, because he or she was section 502(f) of title 32, United States Code, serting ‘‘FAMILY COURT’’. called up for such service; and as a member of the National Guard, at the (d) CONFORMING AMENDMENTS TO TITLE 16.— (2) if affected individuals withdraw from a request of the President, for or in support of (1) CALCULATION OF CHILD SUPPORT.—Section course of study as a result of such service, an operation during the national emergency. 16–916.1(o)(6), District of Columbia Code, is such institutions should make every effort SEC. 6. TERMINATION OF AUTHORITY. amended by striking ‘‘Family Division’’ and in- to minimize deferral of enrollment or re- The provisions of this Act shall cease to be serting ‘‘Family Court of the Superior Court’’. application requirements and should provide effective on September 30, 2003. (2) EXPEDITED JUDICIAL HEARING OF CASES the greatest flexibility possible with admin- BROUGHT BEFORE HEARING COMMISSIONERS.— istrative deadlines related to those applica- f Section 16–924, District of Columbia Code, is tions. amended by striking ‘‘Family Division’’ each (b) DEFINITION OF FULL REFUND.—For pur- DISTRICT OF COLUMBIA FAMILY place it appears in subsections (a) and (f) and poses of this section, a full refund includes a COURT ACT OF 2001 inserting ‘‘Family Court’’. refund of required tuition and fees, or a cred- Mr. DASCHLE. Mr. President, I ask (3) GENERAL REFERENCES TO PROCEEDINGS.— it in a comparable amount against future unanimous consent that the Senate Chapter 23 of title 16, District of Columbia Code, tuition and fees. is amended by inserting after section 16–2301 the proceed to the immediate consider- SEC. 4. USE OF PROFESSIONAL JUDGMENT. following new section: ation of Calendar No. 258, H.R. 2657. At the time of publishing any waivers or ‘‘§ 16–2301.1. References deemed to refer to modifications pursuant to section 2(b), the The PRESIDING OFFICER. The Family Court of the Superior Court Secretary shall publish examples of meas- clerk will report the bill by title. ‘‘Any reference in this chapter or any other ures that institutions may take in the appro- The legislative clerk read as follows: Federal or District of Columbia law, Executive priate exercise of discretion under section A bill (H.R. 2657) to amend title XI of the order, rule, regulation, delegation of authority, 479A of the Higher Education Act of 1965 (20 District of Columbia Code to redesignate the or any document of or pertaining to the Family U.S.C. 1087tt) to adjust financial need and Family Division of the Superior Court of the Division of the Superior Court of the District of aid eligibility determinations for affected in- District of Columbia as the Family Court of Columbia shall be deemed to refer to the Family dividuals. the Superior Court, to recruit and retain Court of the Superior Court of the District of SEC. 5. DEFINITIONS. trained and experienced judges to serve in Columbia.’’. In this Act: the Family Court, to promote consistency (4) CLERICAL AMENDMENT.—The table of sec- (1) ACTIVE DUTY.—The term ‘‘active duty’’ and efficiency in the assignment of judges to tions for subchapter I of chapter 23 of title 16, has the meaning given such term in section the Family Court and in the consideration of District of Columbia, is amended by inserting 101(d)(1) of title 10, United States Code, ex- actions and proceedings in the Family Court, after the item relating to section 16–2301 the fol- cept that such term does not include active and for other purposes. lowing new item:

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 6333 E:\CR\FM\A14DE6.082 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13313 ‘‘16–2301.1. References deemed to refer to Family the chief judge, the judge may be assigned for subparagraph (B). The requirement of this sub- Court of the Superior Court.’’. additional service on the Family Court for a pe- paragraph shall not apply to a child abuse or SEC. 3. APPOINTMENT AND ASSIGNMENT OF riod of such duration (consistent with section neglect action pending before a senior judge as JUDGES; NUMBER AND QUALIFICA- 431(c) of the District of Columbia Home Rule defined in section 11–1504, District of Columbia TIONS. Act) as the chief judge may provide. Code. (a) NUMBER OF JUDGES FOR FAMILY COURT; ‘‘(3) PERMITTING SERVICE ON FAMILY COURT (B) DEADLINE.— QUALIFICATIONS AND TERMS OF SERVICE.—Chap- FOR ENTIRE TERM.—At the request of the judge (i) IN GENERAL.—Notwithstanding any other ter 9 of title 11, District of Columbia Code, is and with the approval of the chief judge, a provision of this Act or any amendment made by amended by inserting after section 11–908 the judge may serve as a judge of the Family Court this Act and except as provided in subparagraph following new section: for the judge’s entire term of service as a judge (C), no child abuse or neglect action shall re- ‘‘§ 11–908A. Special rules regarding assign- of the Superior Court under section 431(c) of the main pending with a judge not serving on the ment and service of judges of Family Court District of Columbia Home Rule Act. Family Court upon the expiration of 18 months ‘‘(d) REASSIGNMENT TO OTHER DIVISIONS.— ‘‘(a) NUMBER OF JUDGES.— after the filing of the transition plan required The chief judge may reassign a judge of the ‘‘(1) IN GENERAL.—The number of judges serv- under paragraph (1). Family Court to any division of the Superior ing on the Family Court of the Superior Court (ii) RULE OF CONSTRUCTION.—Nothing in this Court if the chief judge determines that in the shall be not more than 15. subparagraph shall preclude the immediate interest of justice the judge is unable to con- ‘‘(2) EXCEPTION.—If the chief judge deter- transfer of cases to the Family Court, particu- tinue serving in the Family Court.’’. mines that, in order to carry out the intent and larly cases which have been filed with the court (b) PLAN FOR FAMILY COURT TRANSITION.— for less than 6 months prior to the date of enact- purposes of this Act, an emergency exists such (1) IN GENERAL.—Not later than 90 days after ment of this Act. that the number of judges needed on the Family the date of the enactment of this Act, the chief (C) RETAINED CASES.—Child abuse and neglect Court of the Superior Court at any time is more judge of the Superior Court of the District of Co- cases that were initiated in the Family Division than 15, the chief judge may temporarily reas- lumbia shall prepare and submit to the Presi- but remain pending before judges in other Divi- sign qualified judges from other divisions of the dent and Congress a transition plan for the sions of the Superior Court as of the date of en- Superior Court or qualified senior judges to Family Court of the Superior Court, and shall actment of this Act may remain before judges in serve on the Family Court. Such reassigned include in the plan the following: judges shall not be subject to the term of service (A) The chief judge’s determination of the role such other Divisions when— requirements of this Act. and function of the presiding judge of the Fam- (i) the case remains at all times in full compli- ‘‘(3) COMPOSITION.—The total number of ily Court. ance with section 103(a)(3) of Public Law 105–89 judges on the Superior Court may exceed the (B) The chief judge’s determination of the (42 U.S.C. 675(5)(E)); and limit on such judges specified in section 11–903 number of judges needed to serve on the Family (ii) the case has been assigned continuously to to the extent necessary to maintain the require- Court. the judge for 18 months or more and the judge ments of this subsection if— (C) The chief judge’s determination of the has a special knowledge of the child’s needs, ‘‘(A) the number of judges serving on the number of magistrate judges of the Family Court such that reassignment would be harmful to the Family Court is less than 15; and needed for appointment under section 11–1732, child. ‘‘(B) the Chief Judge of the Superior Court— District of Columbia Code. (D) PROGRESS REPORTS.—The chief judge of ‘‘(i) is unable to secure a volunteer judge who (D) The chief judge’s determination of the ap- the Superior Court shall report to the Committee is sitting on the Superior Court outside of the propriate functions of such magistrate judges, on Appropriations of each House, the Committee Family Court for reassignment to the Family together with the compensation of and other on Governmental Affairs of the Senate, and the Court; personnel matters pertaining to such magistrate Committee on Government Reform of the House ‘‘(ii) obtains approval of the Joint Committee judges. of Representatives at 6-month intervals for a pe- on Judicial Administration; and (E) A plan for case flow, case management, riod of 2 years after the date of enactment of ‘‘(iii) reports to Congress regarding the cir- and staffing needs (including the needs for both this Act on the progress made towards disposing cumstances that gave rise to the necessity to ex- judicial and nonjudicial personnel) for the Fam- of actions or proceedings described in subpara- ceed the cap. ily Court. graph (B). ‘‘(b) QUALIFICATIONS.—The chief judge may (F) A plan for space, equipment, and other (3) EFFECTIVE DATE OF IMPLEMENTATION OF not assign an individual to serve on the Family physical plant needs and requirements during PLAN.—The chief judge of the Superior Court Court of the Superior Court or handle a Family the transition, as determined in consultation may not take any action to implement the tran- Court case unless— with the Administrator of General Services. sition plan under this subsection until the expi- ‘‘(1) the individual has training or expertise in (G) An analysis of the number of magistrate ration of the 30-day period which begins on the family law; judges needed under the expedited appointment date the chief judge submits the plan to the ‘‘(2) the individual certifies to the chief judge procedures established under section 6(d) in re- President and Congress under paragraph (1). that the individual intends to serve the full term ducing the number of pending actions and pro- (c) TRANSITION TO REQUIRED NUMBER OF of service, except that this paragraph shall not ceedings within the jurisdiction of the Family JUDGES.— apply with respect to individuals serving as sen- Court (as described in section 11–902(d), District (1) ANALYSIS BY CHIEF JUDGE OF SUPERIOR ior judges under section 11–1504, individuals of Columbia, as amended by subsection (a)). COURT.—The chief judge of the Superior Court serving as temporary judges under section 11– (H) Consistent with the requirements of para- of the District of Columbia shall include in the 908, and any other judge serving in another di- graph (2), a proposal for the disposition or transition plan prepared under subsection (b)— vision of the Superior Court; transfer to the Family Court of child abuse and (A) the chief judge’s determination of the ‘‘(3) the individual certifies to the chief judge neglect actions pending as of the date of enact- number of individuals serving as judges of the that the individual will participate in the ongo- ment of this Act (which were initiated in the Superior Court who— ing training programs carried out for judges of Family Division but remain pending before the Family Court under section 11–1104(c); and judges serving in other Divisions of the Superior (i) meet the qualifications for judges of the ‘‘(4) the individual meets the requirements of Court as of such date) in a manner consistent Family Court of the Superior Court under sec- section 11–1501(b). with applicable Federal and District of Colum- tion 11–908A, District of Columbia Code (as ‘‘(c) TERM OF SERVICE.— bia law and best practices, including best prac- added by subsection (a)); and ‘‘(1) IN GENERAL.— tices developed by the American Bar Association (ii) are willing and able to serve on the Family ‘‘(A) SITTING JUDGES.—An individual assigned and the National Council of Juvenile and Fam- Court; and to serve as a judge of the Family Court of the ily Court Judges. (B) if the chief judge determines that the num- Superior Court who is serving as a judge in the (I) An estimate of the number of cases for ber of individuals described in subparagraph (A) Superior Court on the date of enactment of the which the deadline for disposition or transfer to is less than 15, a request that the Judicial Nomi- District of Columbia Family Court Act of 2001 the Family Court, specified in paragraph (2)(B), nation Commission recruit and the President shall serve in the Family Court for a term of not cannot be met and the reasons why such dead- nominate (in accordance with section 433 of the fewer than 3 years as determined by the chief line cannot be met. District of Columbia Home Rule Act) such addi- judge of the Superior Court (including any pe- (2) IMPLEMENTATION OF THE PROPOSAL FOR tional number of individuals to serve on the Su- riod of service on the Family Division of the Su- TRANSFER OR DISPOSITION OF ACTIONS AND PRO- perior Court who meet the qualifications for perior Court immediately preceding the date of CEEDINGS TO FAMILY COURT.— judges of the Family Court under section 11– enactment of such Act). (A) IN GENERAL.—Except as provided in sub- 908A, District of Columbia Code, as may be re- ‘‘(B) NEW JUDGES.—An individual assigned to paragraph (C), the chief judge of the Superior quired to enable the chief judge to make the reserve as a judge of the Family Court of the Su- Court and the presiding judge of the Family quired number of assignments. perior Court who is not serving as a judge in the Court shall take such steps as may be required (2) ROLE OF DISTRICT OF COLUMBIA JUDICIAL Superior Court on the date of enactment of the as provided in the proposal for disposition of ac- NOMINATION COMMISSION.—For purposes of sec- District of Columbia Family Court Act of 2001 tions and proceedings under paragraph (1)(H) to tion 434(d)(1) of the District of Columbia Home shall serve for a term of 5 years. ensure that each child abuse and neglect action Rule Act, the submission of a request from the ‘‘(2) ASSIGNMENT FOR ADDITIONAL SERVICE.— of the Superior Court (as described in section chief judge of the Superior Court of the District After the term of service of a judge of the Fam- 11–902(d), District of Columbia Code, as amend- of Columbia under paragraph (1)(B) shall be ily Court (as described in paragraph (1)) expires, ed by subsection (a)) is transferred to the Fam- deemed to create a number of vacancies in the at the judge’s request and with the approval of ily Court or otherwise disposed of as provided in position of judge of the Superior Court equal to

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 6333 E:\CR\FM\A14DE6.084 pfrm02 PsN: S14PT1 S13314 CONGRESSIONAL RECORD — SENATE December 14, 2001 the number of additional appointments so re- ‘‘(8) determinations and adjudications of action or proceeding is assigned is completed quested by the chief judge, except that the dead- property rights, both real and personal, in any prior to the final disposition of the action or line for the submission by the District of Colum- action referred to in this section, irrespective of proceeding, the presiding judge of the Family bia Judicial Nomination Commission of nomi- any jurisdictional limitation imposed on the Su- Court shall ensure that the matter or proceeding nees to fill such vacancies shall be 90 days after perior Court; is reassigned to a judge serving on the Family the creation of such vacancies. In carrying out ‘‘(9) proceedings in adoption; Court. this paragraph, the District of Columbia Judi- ‘‘(10) proceedings under the Act of July 10, ‘‘(D) EXCEPTION.—A judge whose full term on cial Nomination Commission shall recruit indi- 1957 (D.C. Code, secs. 30–301 to 30–324); the Family Court is completed but who remains viduals for possible nomination and appoint- ‘‘(11) proceedings to determine paternity of in Superior Court may retain the case or pro- ment to the Superior Court who meet the quali- any child born out of wedlock; ceeding for not more than 18 months after ceas- fications for judges of the Family Court of the ‘‘(12) civil proceedings for protection involving ing to serve if— Superior Court. intrafamily offenses, instituted pursuant to ‘‘(i) the case remains at all times in full com- (d) REPORT BY COMPTROLLER GENERAL.— chapter 10 of title 16; pliance with section 103(a)(3) of Public Law 105– (1) IN GENERAL.—Not later than 2 years after ‘‘(13) proceedings in which a child, as defined 89 (42 U.S.C. 675(E)), if applicable, and the case the date of the enactment of this Act, the Comp- in section 16–2301, is alleged to be delinquent, has been assigned continuously to the judge for troller General shall prepare and submit to Con- neglected, or in need of supervision; 18 months or more and the judge has a special gress and the chief judge of the Superior Court ‘‘(14) proceedings under chapter 5 of title 21 knowledge of the child’s needs, such that reas- of the District of Columbia a report on the im- relating to the commitment of the mentally ill; signment would be harmful to the child; and plementation of this Act (including the transi- ‘‘(15) proceedings under chapter 11 of title 21 ‘‘(ii) the chief judge, in consultation with the tion plan under subsection (b)), and shall in- relating to the commitment of the substantially presiding judge of the Family Court determines clude in the report the following: retarded; and that such retention is in the best interests of the (A) An analysis of the procedures used to ‘‘(16) proceedings under Interstate Compact parties. make the initial appointments of judges of the on Juveniles (described in title IV of the District ‘‘(3) STANDARDS OF JUDICIAL ETHICS.—The ac- Family Court under this Act and the amend- of Columbia Court Reform and Criminal Proce- tions of a judge or magistrate judge in retaining ments made by this Act, including an analysis dure Act of 1970). an action or proceeding under this paragraph ‘‘(b) DEFINITION.— of the time required to make such appointments shall be subject to applicable standards of judi- ‘‘(1) IN GENERAL.—In this chapter, the term and the effect of the qualification requirements cial ethics. ‘action or proceeding’ with respect to the Family for judges of the Court (including requirements ‘‘(c) TRAINING PROGRAM.— Court refers to cause of action described in relating to the length of service on the Court) on ‘‘(1) IN GENERAL.—The chief judge, in con- paragraphs (1) through (16) of subsection (a). the time required to make such appointments. sultation with the presiding judge of the Family ‘‘(2) EXCEPTION.—An action or proceeding (B) An analysis of the impact of magistrate Court, shall carry out an ongoing program to may be assigned to or retained by cross-jurisdic- judges for the Family Court (including the expe- provide training in family law and related mat- tional units established by the Superior Court, dited initial appointment of magistrate judges ters for judges of the Family Court and other including the Domestic Violence Unit. for the Court under section 6(d)) on the work- judges of the Superior Court who are assigned load of judges and other personnel of the Court. ‘‘§ 11–1102. Use of alternative dispute resolu- Family Court cases, including magistrate (C) An analysis of the number of judges need- tion judges, attorneys who practice in the Family ed for the Family Court, including an analysis ‘‘To the greatest extent practicable and safe, Court, and appropriate nonjudicial personnel, of how the number may be affected by the quali- cases and proceedings in the Family Court of and shall include in the program information fication requirements for judges, the availability the Superior Court shall be resolved through al- and instruction regarding the following: of magistrate judges, and other provisions of ternative dispute resolution procedures, in ac- ‘‘(A) Child development. this Act or the amendments made by this Act. cordance with such rules as the Superior Court ‘‘(B) Family dynamics, including domestic vi- (2) SUBMISSION TO CHIEF JUDGE OF SUPERIOR may promulgate. olence. COURT.—Prior to submitting the report under ‘‘§ 11–1103. Standards of practice for ap- ‘‘(C) Relevant Federal and District of Colum- paragraph (1) to Congress, the Comptroller Gen- pointed counsel bia laws. ‘‘(D) Permanency planning principles and eral shall provide a preliminary version of the ‘‘The Superior Court shall establish standards report to the chief judge of the Superior Court practices. of practice for attorneys appointed as counsel in ‘‘(E) Recognizing the risk factors for child and shall take any comments and recommenda- the Family Court of the Superior Court. tions of the chief judge into consideration in abuse. ‘‘§ 11–1104. Administration preparing the final version of the report. ‘‘(F) Any other matters the presiding judge (e) CONFORMING AMENDMENT.—The first sen- ‘‘(a) ‘ONE FAMILY, ONE JUDGE’ REQUIREMENT considers appropriate. tence of section 11–908(a), District of Columbia FOR CASES AND PROCEEDINGS.—To the greatest ‘‘(2) USE OF CROSS-TRAINING.—The program Code, is amended by striking ‘‘The chief judge’’ extent practicable, feasible, and lawful, if an in- carried out under this section shall use the re- and inserting ‘‘Subject to section 11–908A, the dividual who is a party to an action or pro- sources of lawyers and legal professionals, so- chief judge’’. ceeding assigned to the Family Court has an im- cial workers, and experts in the field of child de- (f) CLERICAL AMENDMENT.—The table of sec- mediate family or household member who is a velopment and other related fields. tions for chapter 9 of title 11, District of Colum- party to another action or proceeding assigned ‘‘(d) ACCESSIBILITY OF MATERIALS, SERVICES, bia Code, is amended by inserting after the item to the Family Court, the individual’s action or AND PROCEEDINGS; PROMOTION OF ‘FAMILY- relating to section 11–908 the following new proceeding shall be assigned to the same judge FRIENDLY’ ENVIRONMENT.— ‘‘(1) IN GENERAL.—To the greatest extent prac- item: or magistrate judge to whom the immediate family member’s action or proceeding is assigned. ticable, the chief judge and the presiding judge ‘‘11–908A. Special rules regarding assignment ‘‘(b) RETENTION OF JURISDICTION OVER of the Family Court shall ensure that the mate- and service of judges of Family CASES.— rials and services provided by the Family Court Court.’’. ‘‘(1) IN GENERAL.—In addition to the require- are understandable and accessible to the indi- SEC. 4. IMPROVING ADMINISTRATION OF CASES ment of subsection (a), any action or proceeding viduals and families served by the Family Court, AND PROCEEDINGS IN FAMILY assigned to the Family Court of the Superior and that the Family Court carries out its duties COURT. Court shall remain under the jurisdiction of the in a manner which reflects the special needs of (a) IN GENERAL.—Chapter 11 of title 11, Dis- Family Court until the action or proceeding is families with children. trict of Columbia, is amended by striking section finally disposed, except as provided in para- ‘‘(2) LOCATION OF PROCEEDINGS.—To the max- 1101 and inserting the following: graph (2)(C). imum extent feasible, safe, and practicable, ‘‘§ 11–1101. Jurisdiction of the Family Court ‘‘(2) ONE FAMILY, ONE JUDGE.— cases and proceedings in the Family Court shall ‘‘(a) IN GENERAL.—The Family Court of the ‘‘(A) FOR THE DURATION.—An action or pro- be conducted at locations readily accessible to District of Columbia shall be assigned and have ceeding assigned pursuant to this subsection the parties involved. original jurisdiction over— shall remain with the judge or magistrate judge ‘‘(e) INTEGRATED COMPUTERIZED CASE TRACK- ‘‘(1) actions for divorce from the bond of mar- to whom the action or proceeding is assigned for ING AND MANAGEMENT SYSTEM.—The Executive riage and legal separation from bed and board, the duration of the action or proceeding to the Officer of the District of Columbia courts under including proceedings incidental thereto for ali- greatest extent practicable, feasible, and lawful. section 11–1703 shall work with the chief judge mony, pendente lite and permanent, and for ‘‘(B) ALL CASES INVOLVING AN INDIVIDUAL.—If of the Superior Court— support and custody of minor children; an individual who is a party to an action or ‘‘(1) to ensure that all records and materials ‘‘(2) applications for revocation of divorce proceeding assigned to the Family Court be- of cases and proceedings in the Family Court from bed and board; comes a party to another action or proceeding are stored and maintained in electronic format ‘‘(3) actions to enforce support of any person assigned to the Family Court, the individual’s accessible by computers for the use of judges, as required by law; subsequent action or proceeding shall be as- magistrate judges, and nonjudicial personnel of ‘‘(4) actions seeking custody of minor chil- signed to the same judge or magistrate judge to the Family Court, and for the use of other ap- dren, including petitions for writs of habeas cor- whom the individual’s initial action or pro- propriate offices of the District government in pus; ceeding is assigned to the greatest extent prac- accordance with the plan for integrating com- ‘‘(5) actions to declare marriages void; ticable and feasible. puter systems prepared by the Mayor of the Dis- ‘‘(6) actions to declare marriages valid; ‘‘(C) FAMILY COURT CASE RETENTION.—If the trict of Columbia under section 4(b) of the Dis- ‘‘(7) actions for annulments of marriage; full term of a Family Court judge to whom the trict of Columbia Family Court Act of 2001;

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 6333 E:\CR\FM\A14DE6.084 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13315 ‘‘(2) to establish and operate an electronic ‘‘(A) the number of judges serving on the subsection (h), and subsection (j) and inserting tracking and management system for cases and Family Court as of the end of the year; ‘‘magistrate judge’’; proceedings in the Family Court for the use of ‘‘(B) how long each such judge has served on (C) by striking ‘‘hearing commissioner’s’’ each judges and nonjudicial personnel of the Family the Family Court; place it appears in subsection (e) and subsection Court, using the records and materials stored ‘‘(C) the number of cases retained outside the (k) and inserting ‘‘magistrate judge’s’’; and maintained pursuant to paragraph (1); and Family Court; (D) by striking ‘‘Hearing commissioners’’ each ‘‘(3) to expand such system to cover all divi- ‘‘(D) the number of reassignments to and from place it appears in subsections (b), (d), and (i) sions of the Superior Court as soon as prac- the Family Court; and and inserting ‘‘Magistrate judges’’; and ticable. ‘‘(E) the ability to recruit qualified sitting (E) in the heading, by striking ‘‘Hearing com- ‘‘§ 11–1105. Social services and other related judges to serve on the Family Court. missioners’’ and inserting ‘‘Magistrate services ‘‘(7) Based on outcome measures derived judges’’. (2) CONFORMING AMENDMENTS.—Section 16– ‘‘(a) ONSITE COORDINATION OF SERVICES AND through the use of the information stored in 924, District of Columbia Code, is amended— INFORMATION.— electronic format under section 11–1104(d), an (A) by striking ‘‘hearing commissioner’’ each ‘‘(1) IN GENERAL.—The Mayor of the District analysis of the Family Court’s efficiency and ef- of Columbia, in consultation with the chief fectiveness in managing its case load during the place it appears and inserting ‘‘magistrate judge of the Superior Court, shall ensure that year, including an analysis of the time required judge’’; and (B) in subsection (f), by striking ‘‘hearing representatives of the appropriate offices of the to dispose of actions and proceedings among the commissioner’s’’ and inserting ‘‘magistrate District government which provide social serv- various categories of the Family Court’s juris- judge’s’’. ices and other related services to individuals diction, as prescribed by applicable law and best (3) CLERICAL AMENDMENT.—The item relating and families served by the Family Court (includ- practices, including (but not limited to) best to section 11–1732 of the table of sections of ing the District of Columbia Public Schools, the practices developed by the American Bar Asso- chapter 17 of title 11, D.C. Code, is amended to District of Columbia Housing Authority, the ciation and the National Council of Juvenile read as follows: Child and Family Services Agency, the Office of and Family Court Judges. the Corporation Counsel, the Metropolitan Po- ‘‘(8) If the Family Court failed to meet the ‘‘11–1732. Magistrate judges.’’. lice Department, the Department of Health, and deadlines, standards, and outcome measures de- (b) TRANSITION PROVISION REGARDING HEAR- other offices determined by the Mayor) are scribed in the previous paragraphs, a proposed ING COMMISSIONERS.—Any individual serving as available on-site at the Family Court to coordi- remedial action plan to address the failure.’’. a hearing commissioner under section 11–1732 of nate the provision of such services and informa- (b) EXPEDITED APPEALS FOR CERTAIN FAMILY the District of Columbia Code as of the date of tion regarding such services to such individuals COURT ACTIONS AND PROCEEDINGS.—Section 11– the enactment of this Act shall serve the remain- and families. 721, District of Columbia Code, is amended by der of such individual’s term as a magistrate ‘‘(2) DUTIES OF HEADS OF OFFICES.—The head adding at the end the following new subsection: judge, and may be reappointed as a magistrate of each office described in paragraph (1), in- ‘‘(g) Any appeal from an order of the Family judge in accordance with section 11–1732(d), cluding the Superintendent of the District of Co- Court of the District of Columbia terminating District of Columbia Code, except that any indi- lumbia Public Schools and the Director of the parental rights or granting or denying a petition vidual serving as a hearing commissioner as of District of Columbia Housing Authority, shall to adopt shall receive expedited review by the the date of the enactment of this Act who was provide the Mayor with such information, as- District of Columbia Court of Appeals.’’. appointed as a hearing commissioner prior to sistance, and services as the Mayor may require (c) PLAN FOR INTEGRATING COMPUTER SYS- the effective date of section 11–1732 of the Dis- to carry out such paragraph. TEMS.— trict of Columbia Code shall not be required to ‘‘(b) APPOINTMENT OF SOCIAL SERVICES LIAI- (1) IN GENERAL.—Not later than 6 months be a resident of the District of Columbia to be el- SON WITH FAMILY COURT.—The Mayor of the after the date of the enactment of this Act, the igible to be reappointed. District of Columbia shall appoint an individual Mayor of the District of Columbia shall submit (c) EFFECTIVE DATE.—The amendments made to serve as a liaison between the Family Court to the President and Congress a plan for inte- by this section shall take effect on the date of and the District government for purposes of sub- grating the computer systems of the District gov- the enactment of this Act. section (a) and for coordinating the delivery of ernment with the computer systems of the Supe- SEC. 6. SPECIAL RULES FOR MAGISTRATE services provided by the District government rior Court of the District of Columbia so that the JUDGES OF FAMILY COURT. with the activities of the Family Court and for Family Court of the Superior Court and the ap- (a) IN GENERAL.—Chapter 17 of title 11, Dis- providing information to the judges, magistrate propriate offices of the District government trict of Columbia Code, is amended by inserting judges, and nonjudicial personnel of the Family which provide social services and other related after section 11–1732 the following new section: Court regarding the services available from the services to individuals and families served by ‘‘§ 11–1732A. Special rules for magistrate District government to the individuals and fami- the Family Court of the Superior Court (includ- judges of the Family Court of the Superior lies served by the Family Court. The Mayor ing the District of Columbia Public Schools, the Court and the Domestic Violence Unit District of Columbia Housing Authority, the shall provide on an ongoing basis information to ‘‘(a) USE OF SOCIAL WORKERS IN ADVISORY Child and Family Services Agency, the Office of the chief judge of the Superior Court and the MERIT SELECTION PANEL.—The advisory selec- the Corporation Counsel, the Metropolitan Po- presiding judge of the Family Court regarding tion merit panel used in the selection of mag- lice Department, the Department of Health, and the services of the District government which istrate judges for the Family Court of the Supe- other offices determined by the Mayor) will be are available for the individuals and families rior Court under section 11–1732(b) shall include able to access and share information on the in- served by the Family Court. certified social workers specializing in child wel- dividuals and families served by the Family ‘‘§ 11–1106. Reports to Congress fare matters who are residents of the District Court. and who are not employees of the District of Co- ‘‘Not later than 90 days after the end of each (2) AUTHORIZATION OF APPROPRIATIONS.— lumbia Courts. calendar year, the chief judge of the Superior There are authorized to be appropriated to the ‘‘(b) SPECIAL QUALIFICATIONS.—Notwith- Court shall submit a report to Congress on the Mayor of the District of Columbia such sums as standing section 11–1732(c), no individual shall activities of the Family Court during the year, may be necessary to carry out paragraph (1). be appointed as a magistrate judge for the Fam- and shall include in the report the following: (d) CLERICAL AMENDMENT.—The table of sec- ily Court of the Superior Court or assigned to ‘‘(1) The chief judge’s assessment of the pro- tions for chapter 11 of title 11, District of Colum- handle Family Court cases unless that indi- ductivity and success of the use of alternative bia Code, is amended by adding at the end the vidual— dispute resolution pursuant to section 11–1102. following new items: ‘‘(2) Goals and timetables as required by the ‘‘(1) is a citizen of the United States; Adoption and Safe Families Act of 1997 to im- ‘‘11–1102. Use of alternative dispute resolution. ‘‘(2) is an active member of the unified District prove the Family Court’s performance in the fol- ‘‘11–1103. Standards of practice for appointed of Columbia Bar; lowing year. counsel. ‘‘(3) for the 5 years immediately preceding the ‘‘(3) Information on the extent to which the ‘‘11–1104. Administration. appointment has been engaged in the active Family Court met deadlines and standards ap- ‘‘11–1105. Social services and other related serv- practice of law in the District, has been on the plicable under Federal and District of Columbia ices. faculty of a law school in the District, or has law to the review and disposition of actions and ‘‘11–1106. Reports to Congress.’’. been employed as a lawyer by the United States proceedings under the Family Court’s jurisdic- SEC. 5. TREATMENT OF HEARING COMMIS- or District government, or any combination tion during the year. SIONERS AS MAGISTRATE JUDGES. thereof; ‘‘(4) Information on the progress made in es- (a) IN GENERAL.— ‘‘(4) has not fewer than 3 years of training or tablishing locations and appropriate space for (1) REDESIGNATION OF TITLE.—Section 11–1732, experience in the practice of family law as a the Family Court that are consistent with the District of Columbia Code, is amended— lawyer or judicial officer; and mission of the Family Court until such time as (A) by striking ‘‘hearing commissioners’’ each ‘‘(5)(A) is a bona fide resident of the District the locations and space are established. place it appears in subsection (a), subsection of Columbia and has maintained an actual ‘‘(5) Information on any factors which are not (b), subsection (d), subsection (i), subsection (l), place of abode in the District for at least 90 days under the control of the Family Court which and subsection (n) and inserting ‘‘magistrate immediately prior to appointment, and retains interfere with or prevent the Family Court from judges’’; such residency during service as a magistrate carrying out its responsibilities in the most ef- (B) by striking ‘‘hearing commissioner’’ each judge; or fective manner possible. place it appears in subsection (b), subsection (c), ‘‘(B) is a bona fide resident of the areas con- ‘‘(6) Information on— subsection (e), subsection (f), subsection (g), sisting of Montgomery and Prince George’s

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 6333 E:\CR\FM\A14DE6.084 pfrm02 PsN: S14PT1 S13316 CONGRESSIONAL RECORD — SENATE December 14, 2001

Counties in Maryland, Arlington and Fairfax District of Columbia, is amended by inserting AMENDMENT NO. 2610 Counties, and the City of Alexandria in Vir- after the item relating to section 11–1732 the fol- Mr. DASCHLE. Mr. President, Sen- ginia, has maintained an actual place of abode lowing new item: ators LIEBERMAN and THOMPSON have in such area, areas, or the District of Columbia ‘‘11–1732A. Special rules for magistrate judges of an amendment at the desk, and I ask for at least 5 years prior to appointment, and the Family Court of the Superior for its consideration; that the amend- certifies that the individual will become a bona Court and the Domestic Violence ment be agreed to, the motion to re- fide resident of the District of Columbia not Unit.’’. later than 90 days after appointment. (d) EFFECTIVE DATE.— consider be laid upon the table, that ‘‘(c) SERVICE OF CURRENT HEARING COMMIS- (1) IN GENERAL.—The amendments made by the committee substitute, as amended, SIONERS.—Those individuals serving as hearing this section shall take effect on the date of en- be agreed to, the bill, as amended, be commissioners under section 11–1732 on the ef- actment of this Act. read three times, passed, and the mo- fective date of this section who meet the quali- (2) EXPEDITED INITIAL APPOINTMENTS.— tion to reconsider be laid upon the fications described in subsection (b)(4) may re- (A) IN GENERAL.—Not later than 60 days after table, with no further intervening ac- the date of enactment of this Act, the chief quest to be appointed as magistrate judges for tion or debate, and that any state- the Family Court of the Superior Court under judge of the Superior Court of the District of Co- such section. lumbia shall appoint not more than 5 individ- ments relating thereto be printed in ‘‘(d) FUNCTIONS OF FAMILY COURT AND DO- uals to serve as magistrate judges for the Family the RECORD. MESTIC VIOLENCE UNIT MAGISTRATES.—A mag- Division of the Superior Court in accordance The PRESIDING OFFICER. Without istrate judge, when specifically designated by with the requirements of sections 11–1732 and objection, it is so ordered. the chief judge in consultation with the pre- 11–1732A, District of Columbia Code (as added The amendment (No. 2610) was agreed siding judge to serve in the Family Court or in by subsection (a)). to. the Domestic Violence Unit and subject to the (B) TRANSITION RESPONSIBILITIES OF INITIALLY (The amendment is printed in today’s rules of the Superior Court and the right of re- APPOINTED FAMILY COURT MAGISTRATES.—The RECORD under ‘‘Amendments Sub- view under section 11–1732(k), may perform the chief judge of the Superior Court and the pre- mitted and Proposed.’’) following functions: siding judge of the Family Division of the Supe- The committee amendment in the rior Court (acting jointly) shall first assign the ‘‘(1) Administer oaths and affirmations and nature of a substitute, as amended, was take acknowledgements. magistrate judges of Family Court appointed ‘‘(2) Subject to the rules of the Superior Court under this paragraph to work with judges to agreed to. and applicable Federal and District of Columbia whom the cases are currently assigned in mak- The bill (H.R. 2657), as amended, was law, conduct hearings, make findings and enter ing case disposition or transfer decisions as fol- passed. interim and final orders or judgments in lows: Mr. DEWINE. Mr. President, I rise uncontested or contested proceedings within the (i) The action or proceeding involves an alle- today to thank my colleagues for sup- jurisdiction of the Family Court and the Domes- gation of abuse or neglect. porting and passing the ‘‘District of tic Violence Unit of the Superior Court (as de- (ii) The judge to whom the action or pro- Columbia Family Court Act of 2001,’’ scribed in section 11–1101), excluding jury trials ceeding is assigned as of the date of enactment which my friend and colleague, Senator and trials of felony cases, as assigned by the of this Act is not assigned to the Family Divi- sion. LANDRIEU, and I introduced earlier this presiding judge of the Family Court. summer. Our bill is aimed at guiding ‘‘(3) Subject to the rules of the Superior Court, (iii) The action or proceeding was initiated in enter an order punishing an individual for con- the Family Division prior to the 2-year period the District, as the Superior Court tempt, except that no individual may be de- which ends on the date of enactment of this Act. strives to reform its role in the child tained pursuant to the authority of this para- SEC. 7. SENSE OF CONGRESS REGARDING BOR- welfare system through its creation of graph for longer than 180 days. DER AGREEMENT WITH MARYLAND a Family Court. This is a good bill, an AND VIRGINIA. ‘‘(e) LOCATION OF PROCEEDINGS.—To the max- important bill. It will have a signifi- imum extent feasible, safe, and practicable, It is the sense of Congress that the State of Maryland, the Commonwealth of Virginia, and cant impact on children and families magistrate judges of the Family Court of the Su- throughout the District of Columbia. perior Court shall conduct proceedings at loca- the District of Columbia should promptly enter into a border agreement to facilitate the timely Just last week, by passing the fiscal tions readily accessible to the parties involved. year 2002 District of Columbia Appro- ‘‘(f) TRAINING.—The chief judge, in consulta- and safe placement of children in the District of tion with the presiding judge of the Family Columbia’s welfare system in foster and kinship priations bill, the Senate took a major Court of the Superior Court, shall ensure that homes and other facilities in Maryland and Vir- step toward fundamentally changing all magistrate judges of the Family Court receive ginia. the direction of what we are doing in training to enable them to fulfill their respon- SEC. 8. SENSE OF THE SENATE REGARDING THE the District regarding its child welfare sibilities, including specialized training in fam- USE OF COURT APPOINTED SPECIAL ADVOCATES. system. Passage of that bill, while sig- ily law and related matters.’’. It is the sense of the Senate that the chief nificant, was just the beginning of our (b) CONFORMING AMENDMENTS.—(1) Section judge of the Superior Court and the presiding work, not the end. As Chair and Rank- 11–1732(a), District of Columbia Code, is amend- judge of the Family Division should take all ing Member of the District of Columbia ed by inserting after ‘‘the duties enumerated in steps necessary to encourage, support, and im- subsection (j) of this section’’ the following: Appropriations Subcommittee, Senator prove the use of Court Appointed Special Advo- ‘‘(or, in the case of magistrate judges for the LANDRIEU and I made sure that the ap- cates (CASA) in family court actions or pro- Family Court or the Domestic Violence Unit of propriations bill made a sizeable and ceedings. the Superior Court, the duties enumerated in sound investment in the District’s section 11–1732A(d))’’. SEC. 9. INTERIM REPORTS. court system. However, the bill we are (2) Section 11–1732(c), District of Columbia Not later than 12 months after the date of en- passing today, through the creation of Code, is amended by striking ‘‘No individual’’ actment of this Act, the chief judge of the Supe- rior Court and the presiding judge of the Family a new family court structure, actually and inserting ‘‘Except as provided in section 11– outlines the essential, institutional 1732A(b), no individual’’. Court— (3) Section 11–1732(k), District of Columbia (1) in consultation with the General Services changes necessary to achieve long- Code, is amended— Administration, shall submit to Congress a feasi- term reform and improvement in the (A) by striking ‘‘subsection (j),’’ and inserting bility study for the construction of appropriate District’s ability to protect its chil- the following: ‘‘subsection (j) (or proceedings permanent courts and facilities for the Family dren. and hearings under section 11–1732A(d), in the Court; and We need fundamental reforms, be- case of magistrate judges for the Family Court (2) shall submit to Congress an analysis of the cause, quite frankly, the District’s success of the use of magistrate judges under the or the Domestic Violence Unit of the Superior child welfare system is a mess. This is Court),’’; and expedited appointment procedures established under section 6(d) in reducing the number of nothing new. We have seen articles re- (B) by inserting after ‘‘appropriate division’’ peatedly in the Washington Post, that the following: ‘‘(or, in the case of an order or pending actions and proceedings within the ju- judgment of a magistrate judge of the Family risdiction of the Family Court (as described in paint a very disturbing picture of the Court or the Domestic Violence Unit of the Su- section 11–902(d), District of Columbia). kinds of atrocities that children in the perior Court, by a judge of the Family Court or SEC. 10. AUTHORIZATION OF APPROPRIATIONS. District of Columbia court system have the Domestic Violence Unit)’’. There are authorized to be appropriated to the faced. For example, a recent Post se- (4) Section 11–1732(l), District of Columbia Courts of the District of Columbia and the Dis- ries outlined multiple mistakes made Code, is amended by inserting after ‘‘respon- trict of Columbia such sums as may be necessary by the District of Columbia Govern- to carry out the amendments made by this Act. sibilities’’ the following: ‘‘(subject to the requirement by placing children in unsafe ments of section 11–1732A(f) in the case of mag- SEC. 11. EFFECTIVE DATE. istrate judges of the Family Court of the Supe- The amendments made by this Act shall take homes or institutions. Unfortunately, rior Court or the Domestic Violence Unit)’’. effect upon the initial appropriation of funds these same mistakes occur in the child (c) CLERICAL AMENDMENT.—The table of sec- specifically designated by Federal law for pur- welfare system throughout our coun- tions for subchapter II of chapter 17 of title 11, poses of carrying out this Act. try. Here in Washington, though, these

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.084 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13317 mistakes resulted in over 180 deaths of family cases and will allow all judges MAKING FURTHER CONTINUING children in foster care since 1993, 40 of and magistrates to have access to the APPROPRIATIONS FOR THE FIS- whom died as a direct result of govern- information necessary to make the CAL YEAR 2002 ment workers’ failure to take key pre- best decisions about placement and Mr. DASCHLE. Mr. President, I ask ventative actions or because they child safety. unanimous consent that the Senate placed children in unsafe homes or in- Fourth, a reform in the bill that I proceed to the immediate consider- stitutions. find extremely important is the One- ation of H.J. Res. 78, the continuing Again just last week, the Post ran a Judge/One Family provision. This pol- resolution, just received from the story about deficiencies in District’s icy will ensure that the same judge, a House. child services. According to this story, judge who knows the history of a fam- The PRESIDING OFFICER. The ‘‘nearly 80 percent of the District’s ily and the child, will be making the clerk will report the joint resolution child abuse complaints were not inves- important permanency decisions. This by title. tigated within 30 days and close to two- provision is essential for those hard The legislative clerk read as follows: thirds of foster homes housing city cases involving abuse and neglect. It children were unlicensed this year,’’ a A joint resolution (H.J. Res. 78) making ensures consistency. It ensures safety. further continuing appropriations for the fis- study reported. The article continues: And, it just makes sense. cal year 2002, and for other purposes. ‘‘Among the reports’ findings, 30 per- Ultimately, our bill will help provide There being no objection, the Senate cent of the children under District care consistency through the One-Judge/ proceeded to consider the joint resolu- were not visited by social workers dur- One-Family provision. It will help in- tion. ing their first 8 weeks in foster care. crease safety and security, and it will Mr. DASCHLE. Mr. President, I ask Thirty-seven percent of child neglect help instill stability for the children of unanimous consent that the joint reso- complaints were not investigated with- the District. We need to give the chil- lution be read a third time, passed, and in 30 days after they came into the dren in the District’s welfare system the motion to reconsider be laid upon city’s hotline. Abuse and neglect cases all of these things. It is the right thing the table, and that any statements re- are required to be investigated within a to do. lating thereto be printed in the 30-day period.’’ We must never, ever lose sight of our Stories like this, have been running RECORD, with no intervening action or responsibility to the children involved. debate. for years in the District of Columbia. Their needs and their best interests What is happening here in America’s The PRESIDING OFFICER. Without must always come first. And today, I objection, it is so ordered. capital, is a national tragedy. I realize believe we are putting children first that no child welfare system is perfect. The joint resolution (H.J. Res. 78) and taking a huge step forward on was read the third time and passed. Each one of us representing our respec- their behalf. tive States has seen problems in our f f home States, but what we see in the MEASURE READ THE FIRST District of Columbia is an absolute AUTHORIZING REPRESENTATION TIME—S. 1833 outright scandal. BY SENATE LEGAL COUNSEL Since being appointed to the District Mr. DASCHLE. Mr. President, I un- of Columbia Appropriations Com- Mr. DASCHLE. Mr. President, I ask derstand that a bill introduced earlier mittee, I have made it my personal unanimous consent that the Senate today by Senator COLLINS is at the mission to find financial solutions for proceed to the consideration of a reso- desk. I ask for its first reading. the problems facing District of Colum- lution submitted earlier today by the The PRESIDING OFFICER. The bia’s foster children. In March, we laid majority and Republican leaders. clerk will read the bill for the first the groundwork for a District of Co- The PRESIDING OFFICER. The time. lumbia Family Court Bill that would clerk will report the resolution by The legislative clerk read as follows: be bipartisan and effective. In drafting title. A bill (S. 1833) to amend the Public Health this bill, we have held numerous hear- The legislative clerk read as follows: Service Act with respect to qualified organ ings, met with child welfare advocates A resolution (S. Res. 192) to authorize rep- procurement organizations. from across the District, and had resentation by the Senate Legal Counsel in Mr. DASCHLE. Mr. President, I now countless meetings with the District of Judith Lewis v. Rick Perry, et al. ask for its second reading and object to Columbia Superior Court Judges. There being no objection, the Senate my own request. The bill we are now passing today in- proceeded to consider the resolution. The PRESIDING OFFICER. The bill cludes a number of important reforms Mr. DASCHLE. Mr. President, this will remain at the desk. that would ensure that the judicial sys- resolution concerns a civil action com- f tem protects the children of the Dis- menced in the District Court for Dallas ORDER FOR RECORD TO REMAIN trict. First, it increases the length of County, Texas. The lawsuit, filed by a OPEN judicial terms for judges from 1 year pro se plaintiff, names Texas Governor for judges already presiding over the Rick Perry and Senator KAY BAILEY Mr. DASCHLE. Mr. President, I ask Superior Court to 3 years. New judges HUTCHISON as defendants. While the al- unanimous consent that the RECORD reappointed to the Superior Court and legations in the complaint are not main open today until 4 p.m. for the in- then assigned to the Family Court will clear, the plaintiff appears to call for troduction of legislation and the sub- have 5-year terms. This change enables the impeachment of the defendants by mission of statements. judges to develop an expertise in Fam- the Texas state courts because of some The PRESIDING OFFICER. Without ily Law. unspecified, official action. This reso- objection, it is so ordered. Second, our bill creates magistrates lution authorizes the Senate Legal f so that the current backlog of 4,500 per- Counsel to represent Senator manency cases can be properly and HUTCHISON in this suit. ORDERS FOR MONDAY, DECEMBER adequately addressed. These mag- Mr. President, I ask unanimous con- 17, 2001 istrates will be distributed among the sent that the resolution and preamble Mr. DASCHLE. Mr. President, I ask judges according to a transition plan, be agreed to en bloc, and the motion to unanimous consent that when the Sen- which must be submitted to Congress reconsider be laid upon the table. ate completes its business today, it ad- within 90 days of passage of this bill. The PRESIDING OFFICER. Without journ until 12:30 p.m., Monday, Decem- We want to make sure the court has objection, it is so ordered. ber 17; that on Monday, immediately the flexibility to deal with these im- The resolution (S. Res. 192) was following the prayer and pledge, the portant child welfare issues. agreed to. Journal of proceedings be approved to Third, the bill provides the resources The preamble was agreed to. date, the morning hour be deemed ex- for an Integrated Judicial Information (The text of the resolution, with its pired, the time for the two leaders be System, IJIS. This will enable the preamble, is printed in today’s RECORD reserved for their use later in the day, court to track and properly monitor under ‘‘Submitted Resolutions.’’) and that there then be a period for

VerDate 10-DEC-2001 04:38 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.040 pfrm02 PsN: S14PT1 S13318 CONGRESSIONAL RECORD — SENATE December 14, 2001 morning business until 1 p.m., with lyze bad fiscal management expendi- It also goes on to point out that Senators permitted to speak therein ture practices in our Government and these rushed up contracts hadn’t for up to 10 minutes each, with the to highlight those. The one today I worked very well. Not only were they time equally divided and controlled be- take no real pleasure in. It was a sad, being done substantially outside the tween the two leaders or their des- confusing story, but it is appropriate United States by foreign suppliers in ignees. for the taxpayers to know the final violation of congressional acts, but The PRESIDING OFFICER. Without outcome, to see what has happened, to they weren’t being performed well and objection, it is so ordered. be aware of how much it has cost us in had to be canceled. expenditures. The Denmark military equipment f Many people remember the decision supplier which manufactured black be- PROGRAM by General Shinseki, Chief of Staff of rets in Romania agreed to supply the Army, to change the berets to give 480,000 berets. Only 90,000 have been Mr. DASCHLE. For the information everybody a black beret. He set a dead- supplied, and the military canceled the of the Senate, as previously announced, line of this year, only a few months order for 350,000. no rollcall votes will occur on Monday. away from that date, and he had to Another one was a Bernard Cap Com- The next vote will occur on Tuesday, find a whole lot of berets in a hurry. pany, which is manufacturing the be- December 18, at 11 a.m. Under the Berry amendment, the Fed- rets in South Africa but with Chinese f eral law requires that all clothing content. They contracted to supply items be manufactured within the 750,000 berets. The cancellation has ORDER FOR ADJOURNMENT United States except in times of armed now taken place, and 442,000 were can- Mr. DASCHLE. Mr. President, if conflict. celed. there is no further business to come be- What happened with the deadline A third contract was with Northwest fore the Senate today, I now ask unani- that was given was, the Defense Logis- Woolen Mills to have the berets manu- mous consent that the Senate stand tics Agency, that had been delegated factured in India. The number pur- adjourned as under the previous order, the authority way down the line to chased was 342,000; the number deliv- following the remarks of Senator SES- grant waivers of the Berry amendment, ered was 56,000; the quantity canceled SIONS. found itself in a position where they was 235,000. The PRESIDING OFFICER. Without did not have sufficient American man- Every time the military has to go objection, it is so ordered. ufacturers to meet that deadline. And through a cancellation of a contract, it Mr. DASCHLE. I thank the Chair. so based on this artificial goal by the costs us money. We all know that. The PRESIDING OFFICER. The Sen- Chief of Staff of the Army, General That was bad management. A lot of ator from Alabama is recognized. Shinseki, they set about to get the be- things happened that I think were not rets wherever they could. They issued good. I am, however, quick to say that f waivers and started getting berets from the Assistant Deputy Secretary of De- MONEY SPENT UNWISELY all over. fense, Paul Wolfowitz, early on had a Mr. SESSIONS. Mr. President, one They got 925,000 of them made from study and review done of the compli- thing we need to do a better job of in China, by the Communist government. ance with the Berry amendment. And this Congress—and we do have over- Other countries were called on and what they concluded was that he would sight and appropriations authority for agreed to manufacture in this rushed direct an order, throughout the De- all moneys that are expended—is to process. When that all became public fense Department, requiring compli- make sure that those moneys have and there were complaints about the ance with the Berry amendment, di- beret decision to begin with and all been spent wisely, efficiently, and that recting that any waiver authority these factors came up, there was quite the taxpayers’ interests are protected could not be delegated below the Under an uproar. The result was that the Secretary of Defense for Acquisition. with the same degree of fidelity that military admitted that they had not That is what the problem was in this homeowners and families protect complied at least with the spirit of the case. theirs, as small business people protect Berry amendment, that they should It required that no waivers be grant- theirs. We don’t always do that. We not utilize the Chinese-made black be- ed without a full analysis of the alter- spend such big sums of money that rets, worth $6.5 million, and so they native because it is easy to say there is sometimes we think small matters are stored them. They paid for them. They no supplier in the United States. But not that significant. stored them. So we now have 925,000 had the Defense Department really I had the responsibility a few years black berets valued at $6.5 million not searched it out to make sure that is ago as Attorney General of Alabama to being utilized. Hopefully, some other true? Had they considered other possi- take over an office that was financially army in the world might buy them bilities? He directed that it be done. He out of control. We had a huge debt fac- from us, but we are certainly going to achieved revisions throughout the ac- ing the office the year I took office. We take a big hit on that. quisition regulations which govern our had to reduce personnel, substantially Another thing that we learned: Some military forces as they make acquisi- cut back on all kinds of things, and to of this information came about as a re- tions. There are complex regulations reorganize the office. When it was over, sult of my request to the General Ac- and he revised them to make sure there even though we had lost some good counting Office that does audits for the would be no further violations of the people—no career people, thank good- Congress and other agencies to deter- Berry amendment. In the course of all ness, but almost a third of the office, mine how moneys are being spent. We this, he uncovered at least three cases those who were political appointees; just got this audit back earlier this in which the Berry amendment had ap- that office has never gotten close to week. The General Accounting Office parently been violated. No one had the same number of people that it report indicates a number of other even raised it, and no analysis or waiv- had—what we found was that working things that happened. er had been done. They just went on together we actually improved produc- GAO declared that the military, in and purchased military apparel outside tivity. We did a great job. The people order to meet its deadline, chose to the U.S. without any kind of waiver worked hard. They reorganized. They shortcut normal contracting proce- authority. had a new vision. dures. They found, for example, that Now, the Chief of Staff of the Army We have a false impression that the defense logistics agency awarded came under a lot of criticism, and I money is the only thing that answers a the first set of contracts without com- think he told the truth. He was frank problem around here. Always the an- petition. when he discussed why he did what he swer is, just give it more money. And According to the contract docu- did and why he believed it was impor- we in Congress say: We did what we ments, all the contract actions were tant. I think he made a mistake. He did could; that is somebody else’s problem. not completed because of ‘‘an unusual not argue with people about it. He ex- I have initiated a program I call ‘‘In- and compelling urgency.’’ The real ur- plained why he did what he did, and he tegrity Watch.’’ It is a program in gency was the self-imposed deadline believe he was justified. So I hope that which I take time periodically to ana- they set. is a learning experience there.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.102 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — SENATE S13319 It is not enough that we just com- So I don’t think legislation is needed. ment of Defense. In fact, it was a clear plain about waste, fraud, and abuse. I am certainly not of the view that we error—a kind of problem that should My little program, called Integrity need to pass legislation to direct how not have occurred. But it did occur. I Watch, is designed to ask in some de- the Chief of Staff of the Army decides believe we have all learned from it and, tail how can we make it better. Do we emergency matters. I hope through hopefully, in the future, this will be need legislation to be passed? Do we this experience, however, that he will avoided as we go forward with the addi- need regulations to be changed? Do we have learned a lesson, and those who tional procurement we will be facing to need to cut off funding? What do we work with him will have learned a les- make sure the men and women in uni- need to do to improve a situation? In son, that sometimes it is better to go form have the equipment, clothing, and this case, I would say the Berry amend- slow, not to set deadlines and goals resources they need to do the impor- ment is adequate. It does the task. that are too fast because the costs can tant jobs with which they are chal- What the problem was a cavalier atti- be paid by the taxpayer and you can lenged. tude about how it should be adminis- end up with problems such as we had in I thank the Chair and yield the floor. tered. I also think there was an unnec- this case. You can end up with a situa- essary rush to produce the berets, and tion where a nation is supplying berets f it cost us a considerable amount of that we don’t intend to use. You can money, a $26 million total contract end up with a situation where con- ADJOURNMENT UNTIL 12:30 P.M., price. So I believe the actions of the tracts, because they were rushed, got MONDAY, DECEMBER 17, 2001 Defense Department in reinvigorating canceled and where it cost more money The PRESIDING OFFICER. Under and highlighting the need to enforce and ended up delaying distribution of the previous order, the Senate stands the Berry amendment, to raise up the the berets. adjourned until 12:30 p.m. on Monday, level of the personnel of the Defense I think this is worth highlighting. I December 17. Logistics Agency before anybody can appreciate the GAO for doing an objec- Thereupon, the Senate, at 3:14 p.m., grant a waiver, will probably solve tive and fair analysis of the situation. adjourned until Monday, December 17, that. It was not a bright day for the Depart- 2001, at 12:30 p.m.

VerDate 10-DEC-2001 02:31 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.105 pfrm02 PsN: S14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2291 EXTENSIONS OF REMARKS

PAYING TRIBUTE TO INGRID I commend the leadership and faculty on CHRIS PIENING, A BUILDER OF BOGGESS their dedication to the children that walk TRANS–ATLANTIC RELATIONS through their doors each day. They have set HON. SCOTT McINNIS an incredible example for the other 817 HON. BENJAMIN A. GILMAN OF COLORADO schools in West Virginia. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES I equally commend the students and parents HON. TOM LANTOS Thursday, December 13, 2001 of Sand Fork Elementary for their commitment OF CALIFORNIA Mr. McINNIS. Mr. Speaker, it is with a sol- to a quality education and a bright future. IN THE HOUSE OF REPRESENTATIVES emn heart that I would like to take this oppor- Efforts to bring superior education to all of Thursday, December 13, 2001 tunity and pay tribute to the life and memory of Ingrid Boggess who recently passed away West Virginia and America are among our top Mr. GILMAN. Mr. Speaker, it is with regret in Pueblo, Colorado on December 3, 2001. In- priorities. Mr. Speaker, I urge my colleagues that we report that last weekend our friend grid was fighting pancreatic cancer, and as we to join me in honoring Sand Fork Elementary. Chris Piening died after a long struggle with mourn her loss, I would like to recognize the amyloidosis. dedication displayed and contributions made f Chris worked for years as the staff engine, by Ingrid to her community. behind the European side of what is not called Ingrid was born in Czechoslovakia and DENOUNCE TERROR IN ANY FORM the Transatlantic Legislative Dialogue—the dreamed of coming to the United States early interparliamentary dialogue between the in life. While living in Germany, she learned United States Congress and the European English and worked as a translator for the HON. JANICE D. SCHAKOWSKY Parliament. That dialogue just had its 53d German government in the late 1950’s. Her OF ILLINOIS meeting, and is a critical part of the dream was realized when Ingrid became a bourgeoning interaction between the two larg- naturalized citizen in 1964 and moved to the IN THE HOUSE OF REPRESENTATIVES est economic and political entities in the West- community of Pueblo. Ingrid soon found work, Thursday, December 13, 2001 ern world. married her husband Jack, and dedicated her Chris was born in New York in 1945: he free time and energy to the community. Ms. SCHAKOWSKY. Mr. Speaker, I rise was an exceptional human being. His good Among her interests were promoting edu- today to condemn terrorism in all forms. We humor, capacity for hard work, and diplomatic cation, public health, and the arts. continue to be shocked and saddened by the skills were regularly tested but never found Ingrid was a member of and served as September 11 attacks, and the gruesome at- lacking. He always exhibited an extraordinary zest for life that touched all those he came in President of the Pueblo Symphony and the tacks that have been taking place in Israel this Symphony Guild. Her commitment to helping contact with. month. Wednesday night, at least 10 Israelis others was evident in her service to the Na- Chris was a scholar as well as a legislative tional Assistance League, Assistance League were killed and more than 30 were injured official. During a leave at the University of of Pueblo, Parkview Hospital Foundation during a roadside bombing and shooting at- Washington he wrote Global Europe: the Eu- Board and the Pueblo Community College tack against a bus. It was among the bloodiest ropean Union in World Affairs (Lynne Rienner: Foundation. She also dedicated her time and incidents in nearly 15 months of violence in Boulder, Co., 1997), considered an authori- efforts to the preservation of our history and the Middle East. If there is going to be hope tative account of the EU’s actions abroad. He arts through the Pueblo County Historical So- for peace in the region, these acts of hate and worked in recent years as the head of the Eu- ciety, the Rosemount Museum Auxiliary, and terror must stop. Israel cannot be expected to ropean Parliament’s information office in Lon- the Sangre de Cristo Arts and Conference negotiate with those that allow for such atroc- don. Center. ities to occur. Mr. Speaker, on our own behalf, and on be- Mr. Speaker, I have mentioned just a few of half of the Members, former Members, and Ingrid’s many contributions to the community I was also angered and saddened yesterday staff associated with the Congress-EP ex- of Pueblo. She was a dedicated servant who to learn that two leaders of the Jewish De- change, we extend our condolences to Chris’s dreamed of coming to this nation and living fense League were assembling bombs to use wife, Marion, his children, Jenny and Claude, the American dream. She not only lived that in planned attacks against one of L.A.’s larg- and his colleagues and friends at the Euro- dream but dedicated her life to helping others est mosques and the local offices of a House pean Parliament. reach their aspirations. Her husband, two chil- member (Mr. ISSA). For the information of our colleagues, we dren survive her. My heart and my condo- The two men, Irving David Rubin and Earl set out below a tribute relating to Chris’s life lences go out to Ingrid’s family and friends and work issued by the Secretary General of Leslie Krugel, have been charged with con- during this time of loss and healing. the European Parliament. spiracy to manufacture and detonate bombs f STRASBOURG, targeting Arab and Muslim buildings in the Los December 12, 2001. TRIBUTE TO SAND FORK Angeles area, as well as the San Clemente of- NOTICE TO STAFF ELEMENTARY SSA fices the gentleman from California (Mr. I ). DEAR COLLEAGUES: It is with the deepest As a Jewish Member of Congress, I was sadness that I have to inform you of the HON. SHELLEY MOORE CAPITO particularly outraged by the news of those vi- death of our colleague, Chris Piening, who died in London last Saturday, December 8, OF WEST VIRGINIA cious plans. I want all of my colleagues and IN THE HOUSE OF REPRESENTATIVES aged 56 after a long and painful illness. Chris the entire American public to know that those leaves his wife, Marion, and two children, Thursday, December 13, 2001 individuals are seen by Jews as any other ter- Jenny and Claude. Mrs. CAPITO. Mr. Speaker, I rise today in rorist would be seen. They have no right to at- He began work in the Parliament on May honor of Sand Fork Elementary in recognition tempt to carry out murder in the name of reli- 1, 1973 as a Translator in Luxembourg, becoming an official the following year. He was of their achievement as an ‘‘exemplary’’ gion and they do not represent the values or school. appointed Administrator in June 1979, Prin- the beliefs of the Jewish community. cipal Administrator in December 1983 and be- Sand Fork Elementary has been selected as Now, more than any time, it is important for came Head of Division in 1989. In 1985 he was one of the top 50 schools of West Virginia. assigned to Brussels where he worked for DG ‘‘Exemplary’’ status is based on Stanford this nation to embrace its diversity and for all II, DG III and then the President’s Cabinet. Achievement Test results, attendance, drop of us to denounce discrimination, terror, and In February 1999 he was appointed Head of out rates, and writing exam scores. hate in any form. our London Information Office.

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

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A14DE8.000 pfrm04 PsN: E14PT1 E2292 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 Chris leaves an indelible impression on his ‘‘No Child Left Behind Act,’’ will offer some state income tax, therefore, a federal tax credit very many friends amongst Members and small measure of parental options in the form is their only option to receive educational as- staff. A convinced European from the first of supplemental services for after-school tutor- sistance in this form. Moreover, federal edu- hour, he was a fine public servant with strong convictions. Demanding of others, he ing and other educational resources. These cation tax credits can provide a massive cash gave of himself. Always dedicated to his reforms are an important step toward edu- infusion toward a competitive, free-market work, he inspired loyalty and affection in his cational choice, but the real victory for Amer- education system in America. colleagues, even though his habit of asking ican schoolchildren will be found in the Admin- Mr. Speaker, there are many different kinds difficult questions would sometimes put his istration’s next education reform initiative— of tax credits, including credits for educational hierarchy in a spin. education tax credits. expenses incurred by families and credits for But it is as a great and loyal friend that we Shortly after President Bush took office in individual and corporate donations to edu- remember him: his love of life, his kindness, January of this year, he announced an innova- cational scholarship foundations. The details his enthusiasm for everything from skiing to tive plan to offer children in failing schools the of the President’s legislation are forthcoming, books or to good-natured gossip over a good meal. To this list of qualities, and to his option of attending a private school of their but I think if we look to the example of edu- wonderful sense of humour, I must add his choice. The proposal would have implemented cation tax credits in the states, we will observe extraordinary courage and fortitude, par- much needed competition into our education the exciting educational opportunities for chil- ticularly over the last two years. I saw him system today and would have benefited all dren. In Arizona, for example, the state legis- a week before he died, frail but still with his schoolchildren, public and private alike. Unfor- lature passed a $500 tax credit for donations ineradicable sense of humour and bravery. tunately, the President’s proposal is not a part to scholarship foundations. The law has been We will all miss him deeply. of the bill before us today. I am pleased to re- effective since 1997, and since that time the JULIAN PRIESTLEY, port, however, the President has indicated his number of scholarship organizations has Secretary General. full support and leadership for parental choice grown from 2 to 34. Nearly $14 million was f through tax credits in the next session of the raised during that time through the donations 107th Congress. of 30,000 taxpayers. Arizona’s tax credit could PAYING TRIBUTE TO VINCE In the remainder of my time, I’d like to dis- potentially raise $75 million in scholarships an- BAKER cuss some of the promising benefits and op- nually, according to some estimates. portunities afforded children through education Another indication of the promise of tax HON. SCOTT McINNIS tax credit legislation. credits is the overwhelming public support for OF COLORADO As you know, Mr. Speaker, the current tax such opportunities. A recent poll by IN THE HOUSE OF REPRESENTATIVES system financially penalizes parents who send McLaughlin and Associates, however, shows Thursday, December 13, 2001 their children to schools other than the govern- broad based support for education tax credits ment-owned schools assigned to their chil- that cuts across party lines, ideologies, income Mr. MCINNIS. Mr. Speaker, it is with a sol- dren. A tax credit for educational expenses levels, age and race. The poll found that emn heart that I would like to take this oppor- would allow parents to redirect their own seven out of 10 likely voters support providing tunity to pay tribute to an icon of the Pueblo, money to pay expenses at a school that best $2,000 tax credits per child for all educational Colorado community. Vince Baker recently meets the needs of their child. expenses, including tuition. Self-described lib- passed away at the age of 88, and as his fam- Parents across the country are becoming in- erals gave a 70 percent approval rating for the ily mourns his loss, I think it is appropriate to creasingly concerned about their children’s concept. African-Americans and households remember Vince and pay tribute to him for his education. More than $125 billion in federal earning under $40,000 a year also show very contributions to his community. funds have been directed toward K–12 edu- high numbers of support (76.5 percent and 75 Vince owned and operated Vince Baker Mo- cation programs over the past 25 years, but percent, respectively). tors, a car dealership located in Pueblo. He these increases in financial investment have The corporate tax credit concept for dona- went on to become President of Modern Trail- not been accompanied by similar gains in stu- tions to scholarship foundations or local er Sales, Director of Western Acceptance Cor- dent achievement. American children languish schools had widespread approval ratings in poration, and managed a regional General far behind their international peers in math the poll, as well. Nearly three in four Ameri- Motors distributorship. Vince’s success was and science; the racial achievement gap on cans surveyed supported the idea, with more evident in the creation of over 30 automobile test scores is widening; and test scores on the than 78 percent approval among blacks and agencies in Colorado and New Mexico. nation’s report card (the National Assessment 80 percent approval among Hispanics. Vince’s true love was working and inter- of Educational Progress) have remained large- Education tax credit programs have with- acting with people. This became clear later in ly stagnant over the past 20 years. stood challenges in court, as well. Six con- his life when Vince served as a motivational Any business that received such poor profit secutive court challenges have gone in favor speaker and a writer. His communication skills margins in return for such large financial in- of tax credit legislation. The courts have found served as motivational tools for others that vestments would be forced to close its doors, that tax credits merely allow families to keep were widely used throughout the automobile yet the federal government continues to funnel a greater portion of their own private money industry. In addition, Vince was a contributing billions of American taxpayer dollars annually and do not involve the transfer of public funds writer for a motor magazine for over eight toward the government’s education monopoly. to schools or individuals. years. Additional money, resources and pro- Finally, Mr. Speaker, education tax credits Mr. Speaker, it is with profound sadness grams—with all of the attached federal regula- bypass the potential threat of government that we remember Vince Baker. He was tions and mandates—will not solve the na- meddling. Many private school administrators known for his kind heart and a gentle de- tion’s education crisis. These methods have are afraid to accept government assistance meanor he displayed throughout his life. Vince been tested and tried without positive results. due to the threat of greater government regu- Baker will be remembered and missed not Fundamental changes to the structure of our lation that would compromise the autonomy only by his family but also by a grateful com- education system are needed and this can and integrity of the school. Vouchers are par- munity. only happen by relying on the power of free ticularly susceptible to government regulation. f markets by empowering parents with the abil- In Milwaukee, for example, schools involved in ity to select the best school options for their the district’s voucher program are required to IN SUPPORT OF EDUCATION TAX children, whether it is a government-owned, permit students to ‘‘opt-out’’ of religious activi- CREDITS private or home school. ties—in effect, watering down the curriculum Education tax credits are emerging as one of the schools. Education tax credits, however, HON. BOB SCHAFFER of the most effective vehicles to encourage are more insulated from government regula- OF COLORADO parental choice in education around the coun- tion than vouchers because tax credits involve IN THE HOUSE OF REPRESENTATIVES try. To date, six states have enacted some private money and do not constitute ‘‘public’’ form of tax credit for elementary and sec- spending. Thursday, December 13, 2001 ondary educational expenses—Arizona, Min- Thank you, Mr. Speaker, for giving me this Mr. SCHAFFER. Mr. Speaker, I rise today nesota, Iowa, Illinois, Florida and Pennsyl- time to discuss the future of education reform to express my excitement for the next phase vania. A tax credit at the federal level would in America. We have all seen the effects of a of education reform which will empower par- enable families to save on their federal income government monopoly on our education sys- ents to make the best educational choices for taxes, which are typically much higher than tem, and it isn’t good. The absence of com- their children. The bill before us today, the state income taxes. Nine states do not have a petition only benefits bureaucrats, not children.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.004 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2293 The time has come to give parents the option promise they bring to our healthcare. I always friend to everyone. To his family, he was of sending their children to the schools of their participate in actively leading the effort for pro- known as a kind and caring patriarch who is choice, and I look forward to working with the gressive reforms, like we did with the Dietary survived by wife Bertha, three children, five President to successfully passing education Supplement Health and Education Act of 1994 grandchildren, nine step grandchildren, and six tax credit legislation in the coming year. (DSHEA). The prime significance of this sim- great-grandchildren. f ple legislation is that the Internal Revenue Mr. Speaker, Paul Lindstrom passed away Code will be modified in order to allow health in Grand Junction after a long struggle with an R. LAWRENCE COUGHLIN, JR. insurers to create benefits that would provide illness. Yet despite his battle, Paul was able to some coverage for dietary supplements for in- live his dream of flying and raised a large and HON. WILLIAM J. COYNE surance beneficiaries. Health insurers will not loving family. He will be missed by the many OF PENNSYLVANIA be required to provide coverage under this he touched with his sense of humor and posi- IN THE HOUSE OF REPRESENTATIVES legislation. However, they will be now in a po- tive attitude. I extend my condolences to Paul Thursday, December 13, 2001 sition to do it in a way that will provide the tax Lindstrom’s family, friends, and the commu- benefits to both the consumer and the insurer. nities he blessed in the State of Colorado. Mr. COYNE. Mr. Speaker, I rise today to Unfortunately, the Internal Revenue Code is f join in this special order honoring our former not consumer friendly when it comes to health colleague, R. Lawrence Coughlin. I want to wellness and prevention. And if we are ever TRIBUTE TO NORMANTOWN thank Mr. GEKAS for organizing this special going to take meaningful roads to promote ELEMENTARY order. good health, wellness, and disease preven- Larry Couglin represented a suburban Phila- tion, the Tax Code needs to be examined and HON. SHELLEY MOORE CAPITO delphia district in the House of Representa- reformed. This legislation is enormously pop- OF WEST VIRGINIA tives for 24 years. He was a gracious gen- ular with consumers who continually ask their IN THE HOUSE OF REPRESENTATIVES tleman who represented his constituents with insurance companies to offer some coverage Thursday, December 13, 2001 integrity and wisdom. for these healthcare products. Without pas- Mr. Coughlin had a remarkable background. sage of this legislation, they will not be able to Mrs. CAPITO. Mr. Speaker, I rise today in Raised on a farm in Pennsylvania, he earned obtain this type of insurance and healthcare honor of Normantown Elementary in recogni- a degree in economics from Yale and an MBA benefit. tion of their achievement as an ‘‘exemplary’’ from Harvard. He subsequently attended night The low up-front cost of this coverage and school. school at Temple University to get his law de- the potential long-term savings they offer by Normantown Elementary has been selected gree while working during the day as a fore- assisting our country in staying healthy longer as one of the top 50 schools of West Virginia. man in a steel plant. His academic accom- will indeed be a meaningful step to lowering ‘‘Exemplary’’ status is based on Stanford plishments speak to his energy and ability. and stabilizing our health care costs. This bi- Achievement Test results, attendance, drop Mr. Couglin was also a dedicated public partisan legislation is an important part of real- out rates, and writing exam scores. servant. He served in the Marines in Korea izing the requests of millions of Americans I commend the leadership and faculty on during the Korean war as an aide-de-camp to who want to enhance their healthcare. I look their dedication to the children that walk legendary Marine Lt. General Lewis B. forward to working with my colleague for through their doors each day. They have set ‘‘Chesty’’ Puller. He served ably in the Penn- prompt and swift passage of this legislation. an incredible example for the other 817 sylvania House of Representatives and Sen- f schools in West Virginia. ate before running for—and winning—a seat in I equally commend the students and parents Congress in 1968. PAYING TRIBUTE TO PAUL of Normantown Elementary for their commit- During his 12 terms in Congress, Rep- LINDSTROM ment to a quality education and a bright fu- resentative Coughlin served on the House Ju- ture. diciary Committee, the House Appropriations HON. SCOTT McINNIS Efforts to bring superior education to all of Committee, and the House Select Committee OF COLORADO West Virginia and America are among our top on Narcotics Abuse and Control. He was par- IN THE HOUSE OF REPRESENTATIVES priorities. Mr. Speaker, I urge my colleagues ticularly active in working to increase federal to join me in honoring Normantown Elemen- Thursday, December 13, 2001 housing and transportation assistance to our tary. nation’s cities. Mr. Coughlin understood that Mr. MCINNIS. Mr. Speaker, it is with a sol- f even affluent suburbs like the ones he rep- emn heart that I would like to take this oppor- resented depend upon central cities for their tunity and pay respect to the life and memory QUENTIN YOUNG: ‘‘THE continued economic well-being. Our Nation is of Paul Lindstrom who recently passed away CONSCIENCE FOR THE COUNTRY’’ healthier and more prosperous as a result of in Grand Junction, Colorado on November 21, his service in Congress. 2001. Paul will always be remembered as a HON. JANICE D. SCHAKOWSKY Larry Couglin was always a quite, upbeat, dedicated friend and leader to several Colo- OF ILLINOIS courteous man. It was an honor and a pleas- rado communities. His passing is a great loss IN THE HOUSE OF REPRESENTATIVES for those who knew Paul and relied on him for ure to serve in the House of Representatives Thursday, December 13, 2001 with him. I join my colleagues in mourning his his strength and good nature in times of hard- passing. ship and prosperity. Ms. SCHAKOWSKY. Mr. Speaker, some of f Paul graduated from Centennial High my colleagues have had the privilege of get- School in Pueblo, CO in 1934. Dreaming of ting to know Dr. Quentin Young, a revered DIETARY SUPPLEMENT TAX flying his entire life, he moved to the West Chicago institution known for his unremitting FAIRNESS ACT Coast to become a pilot. With his license and commitment to health care, economic and so- flight experience in hand, Paul returned to cial justice. Some of us know him because of HON. FRANK PALLONE, JR. Parachute, Colorado and entered into the fly- his dedication to universal health care, under OF NEW JERSEY ing profession. Upon completing his instruc- the banner he coined of ‘‘Everybody in, no- IN THE HOUSE OF REPRESENTATIVES tor’s license, Paul took his first job with body out.’’ Some of us know him because of Feeney Flying School at Pueblo Airport. This his leadership in protecting public health. Thursday, December 13, 2001 began a long flying career for Paul that even- Some of us know him because of his dedica- Mr. PALLONE. Mr. Speaker, I was pleased tually led to training aviation cadets for World tion to ending discrimination and bigotry. I also yesterday to be joining my colleague from In- War II, flying private charters, crop dusting, known him because he is a trusted friend and diana, Mr. BURTON, in introducing this impor- and even uranium prospecting in Wyoming. my personal physician. tant legislation that will help shift the focus of Later in life, Paul went on a different career Dr. Young brought his years of activism, our healthcare system to wellness and dis- path becoming a dude rancher in New Castle, dedication, and enthusiasm to the House last ease prevention. This legislation is the House Colorado, where he developed a popular spring, when he testified at the inaugural companion to the Harkin-Hatch Senate bill, S. campground for the KOA chain. His service in meeting of the House Universal Health Care 1330. the guest industry gave Paul much gratifi- Task Force. I share his lifelong goal of uni- Mr. Speaker, I have always been supportive cation in his life. He loved to work and mingle versal health care for all and agree that he is of dietary supplements and the potential and with people, and was always known as a the ‘‘conscience of the country’’ on this issue.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.007 pfrm04 PsN: E14PT1 E2294 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 Dr. Young’s remarkable spirit and career are melted menthol oil overturned on top of her for seizing the initiative when facing a supe- described in a December 9, 2001 article in the in her South Side home. The toddler’s moth- rior opponent such as the United States, tak- Chicago Tribune. It is entitled ‘‘The Patient er, Irene, rushed her to nearby Woodlawn ing advantage of special circumstances. Hospital, which no longer exists. Irene Lingo China plans to take full advantage of a sur- Doctor,’’ and chronicles the story of a remark- had little money and no hospital insurance. prise attack like the Japanese attack at able individual who fights every day to im- After initial emergency treatment, offi- Pearl Harbor. Its strategy is to conduct prove people’s lives and our nation, and I urge cials at Woodlawn decided not to admit the lightning warfare, or blitzkrieg, using bal- my colleagues to read the entire article, but I baby because of the mother’s inability to pay listic missiles and information warfare to want to provide a brief sampling of Dr. and sent them to Cook County Hospital. The seize the initiative, letting the momentum Young’s extraordinary. baby died there the next day. of its attacks overwhelm its opponent. Sur- A coroner’s inquest found Woodlawn Hos- prise imparts immense tactical advantages, Young was barely launched on his medical pital negligent in the baby’s death. Young, and its value should not be discounted. For center in the early 1950s when he became a an attending physician at Woodlawn, was six months after Pearl Harbor the Japanese leading advocate—and one of the few among several Chicago doctors who signed a ruled the Pacific. whites—in the fight to end the discrimina- letter published in one of the daily papers China’s ballistic missiles, which have tory attitudes and practices at Chicago-area condemning the practice of hospitals’ send- achieved an accuracy within 50 meters, give hospitals that led to minority physicians’ ing poor patients to Cook County. Not long it, contrary to a number of views, the ability being denied practice privileges at all but after the letter was printed, Woodlawn re- to launch a surgical strike deep behind lines, Cook County Hospital. In 1964, he co-founded voked Young’s privileges, putting the young attacking radar, communications, intel- the Medical Committee for Human Rights, a physician and father out of work. ligence, and air and naval bases with a high group of progressive physicians who provided Neither that nor any other setback has degree of precision and confidence. U.S. bal- medical care at civil rights marches and sit- slowed Young down. He has been doing his listic missile defenses are non-existent ex- ins and riots. advocacy work, seeing patients in his Hyde cept for the short-range Patriot. That role earned Young a prestigious posi- Park office and getting his various messages China’s information warfare capabilities, tion in the civil rights movement: He was out through press conferences, newspaper op- including capabilities against satellites or Martin Luther King Jr.’s doctor when King ed pieces and, until recently, his weekly ASAT, will enable it to conduct strikes lived in Chicago in 1966. His committee affili- radio show ‘‘Public Affairs’’ on WBEZ. The against U.S. satellites, communications, and ation also got Young subpoenaed to appear war on terrorism has given him new spins on computer networks. Its attacks on satellites before the House Un-American Activities his causes, such as the recent anthrax-by- may use a variety of weapons, ranging from Committee in October 1968 to answer ques- mail cases, which he says underscored the high explosive and nuclear-generated elections about his and the medical committee’s need to correct serious shortcomings in the tromagnetic pulse, to parasitic satellites, role during the riots at the Democratic Na- public-health system. high-energy lasers and jamming and cyber- tional Convention in Chicago that year—an ‘‘We can end huge threats to human exist- warfare against ground communication experience friends say was a high point of ence,’’ says Young, a former president of the links. Young’s career because he believed he got American Public Health Association, noting China’s strategy calls for dismantling the the best of verbal sparring with committee that public-health campaigns were able to U.S. Revolution in Military Affairs, which members. defeat smallpox, polio and flu. ‘‘And we can relies heavily on satellites for intelligence, Young and the late Dr. Jorge Prieto, help with our current problem if we make communications, navigation, and weather former head of the Chicago Board of Health, our public health infrastructure really mus- forecasting. China’s ASAT could disable the were the primary forces behind the move- cular, by training more epidemiologists and effectiveness of U.S. forces in a sudden blow. ment to establish neighborhood medical clin- computerizing our 3,000 county, city and This blow would go beyond immediate repair ics in the late ’60s. Their work led to the cur- state public health organizations.’’ as satellites take years to build and launch rent network of 32 medical clinics through- Right or not, he will always be doing some- into space. out Cook County that will support the new thing, friends say. Dr. Ida Hellander, execu- In January 2001 the Rumsfeld Space Com- $500 million Cook County Hospital. tive director of Physicians for a National mission noted that, ‘‘U.S. Satellites are vul- Even now, nearing his 80th year, Young Health Program who has worked with Young nerable to attacks in space and the govern- cannot keep still. ‘‘I am impulsively an ad- for 10 years, took a sabbatical last summer ment must step up efforts to protect them vocate,’’ he says. to rest and study photography in Montana. and the critical services they provide.’’ In In addition to running an internal medi- Just before leaving, she turned to her boss February 2001 CIA Director George Tenet cine practice in his native Hyde Park—as he and mentor and asked him, partly out of noted, ‘‘Our adversaries well understand U.S. has done since 1952—the indefatigable doctor frustration: ‘‘Quentin, don’t you ever think strategic dependence on access to space. Op- is medical commentator for National Public about what it’d be like to live like regular erations to disrupt, degrade, or defeat U.S. Radio on WBEZ–FM and helps direct two or- people—not be so aware of all the social in- space assets will be attractive options for ganizations he founded to advocate for na- justice, all the suffering, all the great strug- those seeking to counter U.S. strategic mili- tional health care (often referred to by crit- gles?’’ tary superiority.’’ ics as socialized medicine): Physicians for a Young didn’t miss a beat: ‘‘Yes, Ida,’’ he The CIA Director added, ‘‘China is devel- National Health Program and the Health and responded. ‘‘I call it death.’’ oping ground-based laser weapons and elec- Medicine Policy Research Group. tronic pulse weapons that can blind or de- Last summer, he and other health-care ac- f stroy U.S. satellites.’’ In July 2000 the Chi- tivists marched for 15 days across 137 miles LETTER TO SECRETARY OF nese news agency Xinhua noted, ‘‘For coun- of northern Illinois to drum up political sup- tries that could never win a war by using the port for the Bernardin Amendment to the DEFENSE methods of tanks and planes, attacking the state constitution. Named for the late Car- U.S. space system may be an irresistible and dinal Joseph Bernardin, who supported uni- HON. BOB SCHAFFER most tempting choice.’’ This irresistible and versal health care, the proposed amendment OF COLORADO tempting choice would prove highly effective would guarantee health insurance for every against U.S. forces, as verified in the U.S. IN THE HOUSE OF REPRESENTATIVES Illinois resident. Space War Games held in Colorado Springs Despite the long odds against any national Thursday, December 13, 2001 in January 2001. health-care reform in a closely divided Con- Mr. SCHAFFER. Mr. Speaker, I respectfully In March 2001 Air Force General Ralph gress, Young is optimistic about national Eberhart, then head of the U.S. Space Com- health insurance being enacted, even after submit the following correspondence for the mand and promoted to Chairman of the the war on terrorism put many domestic RECORD. Joint Chiefs of Staff, noted China is devel- issues on the back burner. ‘‘I think very em- DEAR SECRETARY RUMSFELD: We must con- oping cyber-warfare capabilities that could phatically that the complications of Sept. 11 sider the likelihood China is preparing a put at risk the computer networks U.S. mili- create a much more urgent need for national sneak attack upon the United States. The tary forces increasingly rely on. His observa- health insurance,’’ he says. ‘‘Our current sys- flashpoint will be Taiwan. Holding immense tion as Space Commander, in charge of the tem is imploding. Even with our straitened strategic value for the United States and U.S. information warfare program, is espe- circumstances economically, because of the Japan, as well as China, the stakes will in- cially pertinent. incredible administrative waste in the volve more than Taiwan’s 23 million people China’s strategy of nuclear deterrence present system, there’s still enough money who have achieved a democratic form of gov- plans to seize the initiative with inferior there to take care of everybody.’’ ernment and freedom. They will involve the forces, believing that the threat of nuclear Of course, being at the forefront of divisive leadership and security of the United States. retaliation upon just a small number of U.S. social and political issues can be risky, as Contrary to the belief of many analysts cities will be sufficient to ensure deterrence, Young learned in 1954 when as a young doc- who think in terms of a Cold War balance of and prevent the United States from deep in- tor he took a stand on an issue that cost him power and who would view China as a threat volvement with Taiwan. As recorded by Bill his job. only as it increases its military power to a Gertz in his book Betrayal, in 1995 PLA Gen- On Jan. 17, 1954, 15-month-old Laura Lingo level equal to the United States, China’s eral Xiong Guangkai told Charles Freeman, was severely scalded when a vaporizer full of strategic military planning distinctly calls a former Assistant Secretary of Defense,

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.011 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2295 that ‘‘In the end, you care a lot more about RETIREMENT OPPORTUNITY workers participated in defined contribution Los Angeles than you do about Taipei.’’ EXPANSION ACT OF 2001 plans. Further, GAO found that only 8% of all China’a war planning will take advantage defined contribution plan participants would of its strategic alliance with Saddam Hus- HON. WILLIAM J. COYNE likely benefit directly from increases in statu- sein. With Saddam as an ally, China will be tory contribution limits. Thus, it is clear that able to threaten the flow of oil from the Mid- OF PENNSYLVANIA dle East, and threaten Israel. Iraqi troops IN THE HOUSE OF REPRESENTATIVES changes in contribution limits will do little directly to promote or extend coverage to work- have infiltrated into Jordan. To further Thursday, December 13, 2001 threaten the flow of oil from the Middle ers lacking pension coverage. East, China has formed alliances with Paki- Mr. COYNE. Mr. Speaker, today I am intro- Clearly greater effort is needed to encour- stan and Myanmar, providing itself with ac- ducing legislation, the ‘‘Retirement Opportunity age and facilitate pension participation, espe- cess to the strategic strait of Malacca, con- Expansion Act of 2001,’’ that would increase cially among lower-income workers and necting the Persian Gulf to the Far East. pension participation for workers without pen- women. China is preparing for direct military con- sions, low-wage workers, and women. Joining After considering GAO’s findings and revis- frontation with the United States on its own me in this effort are Congressman CHARLES B. iting the issues raised during our consideration terms. It plans to take advantage of the ele- RANGEL, the ranking member of the Com- of H.R. 10, I am introducing a pension bill ment of surprise, seeking to attack U.S. sat- mittee on Ways and Means, and Congress- which addresses the following issues: The ex- ellites, intelligence, communications, and forces in a sudden blow of lightning warfare, man ROBERT T. MATSUI, the ranking member pansion of pension coverage for workers with- seizing the initiative. The effectiveness of of the Social Security Subcommittee. out pensions; the expansion of coverage for China’s strategy will be heightened by the Earlier this year the House passed H.R. 10, low-wage workers; the improvement of pen- lack of U.S. ballistic missile defense and Chi- ‘‘The Comprehensive Retirement Security and sion coverage for women; and the creation of na’s corresponding buildup of ballistic mis- Pension Reform Act.’’ I saw that bill as a be- additional incentives for small businesses to siles of all types—short, intermediate and ginning, a first step, to improve retirement op- provide pension coverage for employees. long-range. portunities for workers in this country. But, at These are the very issues I emphasized in The United States needs to ask itself if it that time, I emphasized the need to do more May during our deliberation of H.R. 10. is ready for China’s attack especially in a si- to address the many gaps and shortfalls in Because the findings of the GAO and the multaneous confrontation with Saddam Hus- pension coverage. research of other groups such as the Pension sein. We must prepare accordingly. Urgency In March 1999, the Oversight Committee of Rights Center and the Women’s Institute for a is required. Very truly yours, the Committee on Ways and Means held Secure Retirement (WISER) demonstrate that BOB SCHAFFER, hearings on pension issues. At those hear- lower-income and female workers are much Member of Congress ings, Teresa Heinz, in her capacity as Chair- less likely to be participants in pension plans, from Colorado. man of the Heinz Foundation Philanthropies, I believe we must direct our focus to these testified that nearly 40 percent of women are workers who often toil at the margins of pen- f dependent on Social Security for almost all of sion coverage. Specific efforts are needed to their retirement income because they have help women secure the pension benefits PAYING TRIBUTE TO RUSSELL fewer opportunities to participate in the retire- which all manner of their contributions have VIELE ment plans provided by employers. This is but earned for them. one aspect of the problems facing our country The Pension Rights Center, a nonprofit con- as the baby-boom generation begins to retire sumer rights organization dedicated to pro- HON. SCOTT McINNIS and younger workers lack adequate pension moting retirement income security, has ex- OF COLORADO coverage. pressed its ‘‘strong support’’ for the Retirement IN THE HOUSE OF REPRESENTATIVES I believe that steps must be taken to help Opportunity Expansion Act of 2001, noting that employees to fund their retirement accounts, this legislation would ‘‘encourage the creation Thursday, December 13, 2001 to assist small business owners to start and of new private retirement plans for those lack- Mr. MCINNIS. Mr. Speaker, I would like to maintain pension plans for themselves and ing such coverage, particularly low and mod- take this opportunity to pay tribute and recog- their employees, and to provide women with erate wage earners.’’ WISER, a nonprofit or- nize Russell Viele of Rifle, Colorado and thank improved retirement income protections. To ganization that seeks to ensure that poverty him for his contributions to this nation. Russell that end, I have included in this bill a refund- among older women will be reduced by im- began his service in the military in the 1950’s, able tax credit that is substantially the same proving the opportunities for women to secure and served as a Marine in the Korean War. as that provided for in the Democratic sub- retirement benefits, stated that they are ‘‘ex- Upon his discharge, Russell had accumulated stitute which was introduced by Mr. NEAL in tremely gratified’’ about the introduction of this over eight years of service to the Marine the 106th Congress. bill. They have urged support for the bill in Corps. Recently I ask the General Accounting Of- order to ‘‘improve the alarming retirement situ- fice (GAO) to look at the extent of pension ation for older women . . . where millions of Russell joined the Marines on July 1, 1952 coverage among American workers and the women are retiring into poverty, despite a life- and attended basic training in San Diego. Fol- likely effects of increasing contribution limits in time of work and caregiving for their families.’’ lowing graduation, he went on to mechanical defined contribution plans, the type of pension Earlier initiatives provided a starting point to school in Camp Lejeune, North Carolina. As a plan that covers most pension participants. improve the pension system we have. It is mechanical student, Russell graduated at the GAO identified what I believe to be disturbing now time to develop the pension system that head of his class and was assigned back to trends in the degree of pension participation we need. I would urge my colleagues to join California. It was from there that Russell left among lower-income and women workers. For me in supporting this legislation and ensuring for the Korean War where he was assigned to instance, while 47 percent of all workers par- its passage during the 107th Congress. a motor pool in Japan. ticipate in some type of a pension plan, only Mr. Speaker, I am attaching a summary of Russell’s duty, while in the motor pool, was 38 percent of workers earning less than the provisions of the ‘‘Retirement Opportunity to maintain the large five-ton trucks that were $40,000 per year participate in a pension plan. Expansion Act of 2001.’’ crucial to troop and ration supply for combat Fully 70 percent of workers earning between THE RETIREMENT OPPORTUNITY EXPANSION units in the theater. He was stationed there for $40,000 and $74,999 participate in a plan. ACT OF 2001 SUMMARY fourteen months, promoted three times, and GAO also revealed that 56 percent of female TITLE I: EXPANSION OF PENSION COVERAGE TO left the country at the end of the war as a Ser- workers do not participate in a pension plan. WORKERS WITHOUT PENSIONS geant. He finished his tour with the Marines in The disparities in coverage are even greater The purpose of this section is to provide an the Mohave Desert of California. Russell now when looking at defined contribution plans. In incentive for low- and middle-income indi- makes his home in Rifle, Colorado. a defined contribution plan, the employee may viduals to save for retirement. Mr. Speaker, it is a great privilege to recog- provide all or a portion of the funds and de- Section 101: This section would provide a nize and pay tribute to Russell Viele for his cide how to invest the money. There is no refundable tax credit to low and middle in- service to his country during the Korean War. guaranteed benefit amount or formula as there come workers of up to 50% of annual contributions made to a traditional, deductible He served selflessly in a time of great need, are in traditional defined benefit plans. Of all IRA or an employer-sponsored pension plan bringing credit to himself and this nation. Paul workers who earned less than $40,000 per (e.g., 401 (k), 403(b) or 457 plans). Russell is one reason that our country enjoys year, 28 percent participated in defined con- Eligible contributions could not exceed the the freedom that we hold so high today. tribution plans. Only 32 percent of all female maximum annual allowable contributions to

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.015 pfrm04 PsN: E14PT1 E2296 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 a deductible IRA. The credit would be phased ATTACKS ON INDIAN PARLIAMENT HONORING THE IDA TOWNSHIP out as the income of the eligible taxpayer in- VOLUNTEER FIRE DEPARTMENT creases. (Eligible taxpayers defined as married filing joint returns would receive the maximum credit on AGI of $30,000 and the HON. FRANK PALLONE, JR. HON. JOHN D. DINGELL credit would be phased out at $50,000; head of OF NEW JERSEY OF MICHIGAN household returns would receive the max- IN THE HOUSE OF REPRESENTATIVES imum credit on AGI of $22,500 and the credit IN THE HOUSE OF REPRESENTATIVES would be phased out at $37,500; single and Thursday, December 13, 2001 married filing separate returns would receive Thursday, December 13, 2001 Mr. DINGELL. Mr. Speaker, I rise today to the maximum credit on AGI of $15,000 and pay tribute to the patriotic citizens of the Ida the credit would be phased out at $25,000.) Mr. PALLONE. Mr. Speaker, very early this An eligible taxpayer would be required to morning, a suicide squad of six terrorists at- Township Volunteer Fire Department, which earn at least $5,000 during the tax year and tacked the Indian Parliament. Prime Minister has served Ida and the surrounding area for over 63 years. Mr. Speaker, these local Michi- to have attained the age of 18 by the close of Vajpayee and Members of the Cabinet and the tax year and could not qualify as a de- gan heroes stand ready to put their lives on Parliament were thankfully safe. Unfortunately, pendent child of another taxpayer or be a the line in service to their community. They seven people, including guards and workers, full-time student. are a brave, professional and dedicated group, TITLE II: EXPANSION OF COVERAGE TO LOW- were killed and at least 17 people were injured providing a lifeline to all whose lives are in WAGE WORKERS at the hands of one suicide bomber and other danger. The purpose of this section is to expand assailants equipped with grenades and guns. The tragic events of September 11, 2001, pension participation among lower-paid have brought to light the important role fire- workers. The United States has come forward and Section 201: This section would allow con- declared this raid ‘‘an outrageous act of ter- fighters and other first-responders play in pro- tributions of up to $2,000 made to an IRA rorism’’. Not only was this an attack on India, tecting this country from numerous threats. through payroll deduction generally to be it was a brutal attack on the largest symbol of Not only are they prepared to safeguard our excluded from an employee’s income (and democracy worldwide. I am shocked and ap- communities from everyday tragedies such as not to be reported on the employee’s form W- palled at this extreme act of terrorism and I fires and accidents, but they serve as the first 2) if the taxpayer is otherwise eligible for a line of response in the event of major catas- deductible IRA. express my deepest regards towards India at this time. trophes, including terrorism. TITLE III: IMPROVEMENT OF PENSION COVERAGE I am proud to represent these courageous FOR WOMEN India is a country that has been sadly af- individuals and on behalf of our local commu- The purpose of these sections is primarily flicted for 50 years by the loss of countless in- to expand pension benefits to women and in- nity, thank them for their service. Therefore, it dividuals who have spent time out of the nocent citizens at the hands of cold-blooded is with great pride that I submit the following workforce to raise children or care for par- murder by terrorists. For the past decade, names of the Ida Township Volunteer Fire De- ents or spouses. India has fallen victim to terrorist attacks by partment into the CONGRESSIONAL RECORD in Section 301: This section would require groups that belong to the same terrorist net- recognition of their past and continued service: pension plans to provide the option of a work responsible for the attacks on the World Chief Ed Wertenberger, Lonnie ‘‘joint and 3/4 survivor annuity’’ for partici- Wertenberger, Troy Stein, Randy Stanifer, pants who so elect. Under the option, a wid- Trade Center and Pentagon. owed spouse would receive 75 percent of the Since September 11th, there has been a Paul Metz, Mark Mruzek, Dale Longnecker, Jim Longnecker, Kirt Horn, Rocky Oberski, pension benefit received during the life of flurry of terrorist attacks in Kashmir taking Tim Mata, Scott Desbrough, Shawn Geyman, the other spouse. place on a daily basis. On October 1st in par- Section 302: This section would require Mike Geyman, Chad Metz, Curtis Durocher, spousal consent on 401(k) distributions of ticular, a suicide car bomb exploded in front of Scott Weeman, Adam Booker, Scott more than 10% of the value of the account. the Jammu and Kashmir State Assembly while Section 303: This section would provide full Ducharme, Carl Arnold, Curtis Stanifer, Jim it was in session and 38 people were killed. Longnecker Sr., Tim Wertenberger, Corey vesting of pension benefits upon the death or Since this incident, a clear pattern of cross- disability of the plan participant. Jones and Tyler Stern. Section 304: This section would prohibit border terrorism in Kashmir has manifested Mr. Speaker, I note that their hard work is plans from making changes in 401(k) invest- and Islamic terrorist groups are to be blamed not limited to their local community. Two days ments or giving lump sum distributions dur- for these terrorist activities. after the September 11 terrorist attacks, Curt ing the 90-day period from the date the plan Stanifer, Randy Stanifer, Carl Arnold, Scott is notified of the preparation for a domestic The atrocious attack on the Indian Par- relations order. liament falls within this familiar pattern of at- Ducharme, Mark Murzke, Ed Wertenberger, Section 305: This section would require the tacks by active terrorist forces in Kashmir. The Dale Longnecker, Troy Stein, Rocky Oberski Secretary of Labor to conduct a study to de- suicide attack on democracy in Srinagar was and Curt Durocher traveled to New York City, termine the participation rate of women and clearly a precursor to this morning’s attack on to assist in the rescue and recovery efforts. other underrepresented minorities in pension democracy in New Delhi. However, terrorist They make this trip at great personal sacrifice plans and to make recommendations to the and risk to their own lives. Accordingly, I sa- groups have crossed the line this time. This Congress for way to increase participation lute them for their courageousness and com- among these groups of workers. attack on diversity, vibrancy, equality, democ- Section 306: This section would count fam- mitment to serve others, and I ask my col- racy and all characteristics of India’s open so- leagues to join me in recognizing these brave ily and medical leave time hours of service ciety, goes too far. for purposes of meeting pension participa- individuals. tion, vesting and accrual thresholds. The parallel that can be drawn between the f TITLE IV: INCENTIVES FOR SMALL BUSINESSES United States and India at this time is remark- TO OFFER PENSION BENEFITS able. The U.S. and India are not only friends, TRIBUTE TO TROY ELEMENTARY The purpose of this section is to encourage but they are also two nations that serve to- small businesses to offer retirement benefits gether as pillars of commitment to democracy. HON. SHELLEY MOORE CAPITO to their employees. OF WEST VIRGINIA Section 401: This section would give busi- The U.S. was brutally attacked by terrorists in nesses with 100 or fewer employees a tax an attempt to break down our democratic IN THE HOUSE OF REPRESENTATIVES credit of up to 50 percent of employer con- ideals and we are retaliating with a successful Thursday, December 13, 2001 tributions made to a pension plan during the war effort in Afghanistan. Similarly, the attack Mrs. CAPITO. Mr. Speaker, I rise today in first three years. on Indian Parliament is impetus for India’s re- Section 402: This section would establish honor of Troy Elementary in recognition of the Secure Money or Annuity Retirement taliation against the relentless terrorism taking their achievement as an ‘‘exemplary’’ school. Trusts (SMART). SMART plans are sim- place in Kashmir and now in New Delhi. Troy Elementary has been selected as one plified, tax-favored pension plans that com- These punitive actions undoubtedly will help in of the top 50 schools of West Virginia, ‘‘Exem- bine the features of both defined benefit and the global war on terrorism and the current ef- plary’’ status is based on Stanford Achieve- defined contribution plans. The plans would fort to eliminate the Al-Qaeda terrorist net- ment Test results, attendance, drop out rates, provide participants with a minimum guar- work. The citizens of India deserve to live their anteed benefit at retirement. and writing exam scores. Section 403: This section would simplify lives without violence and terror. The Govern- I commend the leadership and faculty on the definition of ‘‘highly compensated em- ment of India deserves to exercise its strong their dedication to the children that walk ployee.’’ democratic ideals. through their doors each day. They have set

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.018 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2297 an incredible example for the other 817 tember 11 terrorist attacks. Some suffered di- HONORING THE CITY OF BLACK- schools in West Virginia. rect economic injury as a result of closed and FOOT, IDAHO, ON ITS CENTEN- I equally commend the students and parents damaged buildings. Many more have suffered NIAL of Troy Elementary for their commitment to a from the economic fallout caused by an econ- quality education and a bright future. omy that has plunged into a recession. HON. MICHAEL K. SIMPSON Efforts to bring superior education to all of Small businesses are hurting and need OF IDAHO West Virginia and America are among our top help. The National Bureau of Economic Re- IN THE HOUSE OF REPRESENTATIVES priorities. Mr. Speaker, I urge my colleagues search announced that the United States en- to join me in honoring Troy Elementary. tered a recession in March 2001. The Gross Thursday, December 13, 2001 f Domestic Product fell to 1.1 percent in the Mr. SIMPSON. Mr. Speaker, I rise today to third quarter, and the unemployment rate has pay tribute to a place I call home. Blackfoot, PAYING TRIBUTE TO BOB PARKS risen to 5.7 percent. Idaho is celebrating its centennial and as a Prompted by the widespread economic im- resident of Blackfoot, I’d like to share with you HON. SCOTT McINNIS pact of the terrorist attacks on New York City what makes it an all-American town. OF COLORADO and the Pentagon, on October 18, 2001 the Nestled in the Snake River Plain, Blackfoot, IN THE HOUSE OF REPRESENTATIVES Small Business Administration widened ac- Idaho in Bingham County produces more po- cess to Economic Injury Disaster Loans tatoes than any other place in the world. The Thursday, December 13, 2001 (EIDLs) for small businesses throughout the ‘‘famous’’ Idaho potatoes that the world enjoys Mr. McINNIS. Mr. Speaker, I would like to country. To qualify for these loans, small busi- come from Blackfoot and the numerous potato take this opportunity to recognize an extraor- nesses must have suffered direct and sub- fields that surround it. In fact, Blackfoot offers dinary man who has repeatedly defied the stantial economic injury due to the terrorist at- ‘‘free taters for out of staters’’ at its Idaho Po- odds and has embodied the spirit of my dis- tacks or the federal government’s response to tato Expo Museum. It’s made Blackfoot the trict in Colorado. The man I am referring to is the attacks. This notion of ‘‘direct’’ injury will Potato Capitol of the World by producing more Bob Parks and the odds he defied was wheth- severely limit the Small Business Administra- than 200 million pounds of potatoes every er he would live or die. Bob suffers from can- tion’s ability to help all suffering businesses. year. cer and by all accounts, he should not be with Clearly a small business in an airport will qual- While Blackfoot is celebrating 100 yeas of us today. ify, but small businesses dependent on tour- incorporation, its history expands to the early Bob has much to be grateful for these days. ism may have a harder time proving that they 1800s. The first reference to Blackfoot is Over a year ago, he was diagnosed with a were directly affected by the terrorist actions. found in the 1818 journals of the Hudson Bay cancerous tumor in his lung. Relying on an ox- Even though 11,659 small businesses out- Company. In 1860, Grove City, where Black- ygen bottle, Bob was given little hope for reside of New York City and Arlington, Virginia foot now sits, was settled to accommodate covery. Following a turn for the worse and have requested Economic Injury Disaster freight wagons bound for mines in central with no salvation in sight, Bob learned of a Loans applications, the Small Business Ad- Idaho. Like many western settlements, the es- clinic in Tijuana, Mexico that specialized in al- ministration has only granted 100 loans. Small tablishment of the Utah and Northern Railroad ternative medicines. He arrived last December businesses who are suffering because the at- opened expansion and immigration. Then in and fell into a coma soon after arrival. His tacks plunged the economy into a recession 1878, the train arrived in Blackfoot on Christ- prognosis was grim and friends and family in cannot prove a direct relationship to the ter- mas Day. Durango were informed yet again that his life rorist attacks. They cannot get the Small Busi- Using the Snake River to irrigate the fertile was in jeopardy. nesses Administration’s emergency loans. We lava soil, pioneers and settlers found Blackfoot Bob held on, and with hope and prayer, he must make sure there are no ambiguous rules to be a prosperous agriculture community. has unexpectedly recovered his strength and that confuse applicants or make it difficult for Blackfoot became the county seat for Bingham continues to defy his illness. Residents of Du- the Small Business Administration to grant County and at one time held the largest popu- rango, Colorado, recently collected funds to fly loans to struggling businesses. lation in the state with 13,575 people. In 1901, Bob home for a visit and noted, in an article I have introduced a bill that removes any Blackfoot was incorporated and now cele- in the Durango Herald, that he looks stronger ambiguities and ensures that the Small Busi- brates its centennial. than ever and his recovery is nothing short of ness Administration can help all small busi- As many of you know, when I’m not serving a miracle. Bob, who is a former psychology nesses that need assistance. The Small Busi- in Congress, I go home to Blackfoot. I grew up professor at Fort Lewis College and a greeter ness Economic Recovery Act does not require there, graduated from Blackfoot High School for the Wal-Mart, believes his recovery is due businesses to prove that they suffered a ‘‘di- and chose to return after completing dental in part to an optimistic attitude and prayer rect’’ injury as a result of the terrorist attacks. school. I started my political career in Black- from his family and friends. It permits any small business that has suffered foot, serving on the city council for four years. Mr. Speaker, we hear everyday stories of ‘‘substantial economic injury’’ to obtain Eco- My wife, Kathy, and I have witnessed the survival, hardship, and recently terror. It’s nomic Injury Disaster Loans from the Small kind heart and gentle spirit of many who live gratifying at this time in our nation’s struggle Business Administration. Normally, businesses there. It’s truly a place where everyone knows that a story unfolds about a man unwilling to must be in a federally designated disaster your name. I salute this community that has give up his most cherished gift, his life. As so area to receive these loans. My bill temporarily give me so much over the years. While it may many suffer in this nation and around the waives the federal disaster area requirement. be the potatoe capitol of the world, it’s a place world, let some of these people look to Bob Businesses will only have to prove that they I prefer to call home. Congratulations to Black- Parks as a model to never give up on life, no suffered substantial economic injury. It will foot on 100 years of excellence. matter what the odds faced. It is an honor to help businesses that cannot: meet obligations f tell his story to this body and Congress and I as they mature, and pay necessary operating wish him the best in the coming new year. expenses. HONORING MR. GEORGE ALVIN f The act will authorize the Small Business TERRY OF NASHVILLE, TEN- Administration to provide up to $1.5 million in NESSEE ON THE OCCASION OF REGARDING THE SMALL BUSINESS disaster assistance to a suffering small busi- HIS 75TH BIRTHDAY ECONOMIC RECOVERY ACT ness. The interest rate on the loans will not exceed 4 percent per year, and the loan terms HON. BOB CLEMENT HON. PATSY T. MINK cannot exceed 30 years. This emergency as- OF TENNESSEE OF HAWAII sistance program will expire on September 11, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 2002. Small businesses represent more than 99% Thursday, December 13, 2001 Thursday, December 13, 2001 of all employers and employ 51% of private- Mr. CLEMENT. Mr. Speaker, I rise today to Mrs. MINK of Hawaii. Mr. Speaker, on No- sector workers. We must provide immediate honor Mr. George Alvin Terry of Nashville, vember 27, 2001 I introduced the Small Busi- assistance to help this vital sector of our econ- Tennessee, on the occasion of his 75th birth- ness Economic Recovery Act to help strug- omy. day, December 19, 2001. A native Ten- gling small businesses survive. I urge my colleagues to help small busi- nessean, Terry is a graduate of Columbia Mili- Countless small businesses have suffered nesses and cosponsor this important legisla- tary Academy and the University of Ten- significant economic injury since the Sep- tion. nessee.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.022 pfrm04 PsN: E14PT1 E2298 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 Mr. Terry has been a courageous leader in ford Achievement Test results, attendance, liament building in Kashmir, strikes at the Tennessee for many years, as both a public drop out rates, and writing exam scores. heart of India, the symbol of its democracy. servant and a community leader. A military I commend the leadership and faculty on Six heavily armed terrorists, dressed in In- veteran, he served as Second Lt. in the United their dedication to the children that walk dian military commando fatigues charged into States Army from 1945–1946. through their doors each day. They have set the Parliament complex and set off a fierce With several years of public service, he was an incredible example for the other 817 gun battle in which six policemen and a Par- a member of the State House of Representa- schools in West Virginia. I equally commend liament staffer were killed as well as all six of tives from 1957–1959 during the 80th General the students and parents of Shepherdstown the terrorists. From the amount of explosives Assembly. Additionally, he served in the State Elementary for their commitment to a quality found on the attackers, Indian authorities be- Senate during the 82nd, 83rd, and 84th ses- education and a bright future. Efforts to bring lieve the terrorists were on a suicide mission. sions from 1961–1967. A portion of this serv- superior education to all of West Virginia and The attack took place minutes after both ice occurred during my father, Governor Frank America are among our top priorities. Mr. Houses of Parliament had adjourned for the G. Clement’s, tenure as governor of Ten- Speaker, I urge my colleagues to join me in day and could easily have taken the lives of nessee. honoring Shepherdstown Elementary. numerous Members of Parliament, staff and In 1972, Governor Winfield Dunn appointed f visitors. Mr. Terry Director of State and Federal Sur- Three months and two days ago, terrorists plus Property for the Department of General PAYING TRIBUTE TO TAMARA used box cutters, knives and fuel-laden pas- Services of Tennessee. His career includes MCFARLAND senger jets to launch suicide missions against services as senior Vice President on the bank the United States. One of those airplanes, we board of directors at Oneida First Trust and HON. SCOTT McINNIS later learned, may have been intended to hit Savings Bank, as well as, holding the position OF COLORADO this very Capitol building—the symbol of our of Chairman of the Board at First Southern IN THE HOUSE OF REPRESENTATIVES democracy. Savings and Loan. Thursday, December 13, 2001 The attack against India, as with the attacks A deeply committed family man, he is mar- Mr. McINNIS. Mr. Speaker, I would like to against the United States, were not aimed at ried to Sarah Ellen Winn, and the father of take this opportunity to recognize a very spe- bringing down buildings. They were cowardly four daughters with six grandchildren and cial person from Glenwood Springs, Colorado. attempts by criminal terrorist organizations to three step grandchildren. Because of his deep Tamara McFarland is a local nurse who has attack free and democratic societies, to intimi- love of genealogy and history, he authored the taken on a quest to bring joy and happiness date their people and their government. book, The Terrys of Scott County, chronicling this holiday season to several local nursing India has waged a long and often-lonely the history of his family. homes. Her efforts have brought much credit battle against terrorism. Today, I want to as- Civic and community work has always been to herself and the community of Glenwood sure the people and government of India that an integral part of Terry’s life with involvement Springs, and it is my pleasure today to recog- you are not alone. Mr. Speaker, it is time that the international on various boards promoting important issues nize her contributions. such as children, education, agriculture, and Tamara began her charitable crusade last community made clear that terrorism and vio- historic preservation. For instance, he served year with a simple gift to a friend. Since then lence as a means of political expression will as President of the Oneida Kiwanis Club and her efforts have risen from one to 140 gifts for not be tolerated and will not be allowed to on both the Karns and Mid-South Youth Camp the residents of two local nursing homes. The continue. We must act together in rooting out Boards. homes include Glen Valley Care Center of the terrorist networks whereever they exist. Further, he has enjoyed membership in the Glenwood Springs and Heritage Park Center f American Legion, the Tennessee Automotive of Carbondale. Tamara has made these con- HONORING THE DEARBORN/DEAR- Association, the National Committee for the tributions possible by soliciting local merchants Support of the Public Schools, and the Na- BORN HEIGHTS CHAPTER OF THE and citizens throughout the year to donate LEAGUE OF WOMEN VOTERS ON tional Committee for the support of Future products and money to her fund. Thanks to Farmers. He has also participated in the Na- THE OCCASION OF THEIR 50TH their generosity, the ‘‘Roaring Fork Holiday ANNIVERSARY tional Trust for Historic Preservation, the Cheer’’ headed by Tamara, has been able to United States Civil Defense Council, and the provide presents to the senior citizens of the Scott County Historical Society. area. The presents are simple gifts such as HON. JOHN D. DINGELL Mr. Terry is dearly loved and respected by hair products, clothing and trinkets, but the joy OF MICHIGAN his peers, serving as a deacon and then elder they provide is priceless. IN THE HOUSE OF REPRESENTATIVES in the Oneida Church of Christ, and later as Mr. Speaker, it is an honor to be able to Thursday, December 13, 2001 an elder in the Madison Church of Christ. commend Tamara and thank her for her ef- Mr. DINGELL. Mr. Speaker, I am pleased to Today, he is a member of the Goodlettsville forts to bring happiness this time of year. Her Church of Christ and a member of the rise today to pay tribute to the Dearborn/Dear- dedication and commitment to the elderly born Heights Chapter of the League of Goodpasture Christian School Booster Club. community as a nurse and gift provider has An ardent University of Tennessee (UT) fan, Women Voters on their 50th Anniversary. brought joy into the lives of many. Thanks for Recognized by the National League of George Alvin Terry is to honored and com- all your hard work and cheer this Christmas mended for outstanding service and contribu- Women Voters on December 19th, 1951, the season. Good luck in your future endeavors Dearborn/Dearborn Heights Chapter has ful- tions to Tennessee in a spirit of excellence and in the New Year. and strong moral character. Today we recog- filled and continues to fulfill its primary goal of f nize his life and legacy as he celebrates a encouraging the informed and active participa- landmark birthday. CONDEMNING THE TERRORIST AT- tion of citizens in government, working to in- f TACKS ON THE INDIAN PAR- crease understanding of major public issues LIAMENT and influencing public policy through education TRIBUTE TO SHEPHERDSTOWN and advocacy. ELEMENTARY HON. TOM LANTOS The Dearborn/Dearborn Heights Chapter has provided numerous services to the com- OF CALIFORNIA munity since their inception in 1951. In 1952, HON. SHELLEY MOORE CAPITO IN THE HOUSE OF REPRESENTATIVES OF WEST VIRGINIA they provided election-day childcare in 63 pre- Thursday, December 13, 2001 IN THE HOUSE OF REPRESENTATIVES cincts, allowing parents to vote. They helped Mr. LANTOS. Mr. Speaker, I rise today to establish the Northwestern Child Guidance Thursday, December 13, 2001 denounce the cowardly and barbaric terrorist Clinic in 1963. Throughout the years, they Mrs. CAPITO. Mr. Speaker, I rise today in attack on the Indian Parliament building that have worked with ABC News on election-day honor of Shepherdstown Elementary in rec- took place in New Delhi earlier this morning. exit polling. These fine women have helped ognition of their achievement as an ‘‘exem- First I want to express by deepest condo- pass library proposals and establish a diversity plary’’ school. lences to Prime Minister Vajpayee, the fami- committee which works to engage local stu- Shepherdstown Elementary has been se- lies of victims and to the people of India. dents in community discussions. Mr. Speaker, lected as one of the top 50 schools of West This latest attack, which comes two months these women have served their community Virginia. ‘‘Exemplary’’ status is based on Stan- after the October suicide bombing on the par- well.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.026 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2299 Though they are a non-partisan group, the TN, as an outstanding Tennessean, who has professor. In 1982, he published techniques in Dearborn/Dearborn Heights Chapter of the made numerous contributions to medicine, Surgery with the Vanderbilt Surgical Faculty, League of Women’s Voters is extremely polit- education, and the community-at-large. I con- through Vanderbilt University Press. ical, focusing their efforts on child health and sider Dr. Bone a dear friend and confidante of Dr. Bone’s involvement in his community is welfare, juvenile justice, and campaign finance many years. renowned. In 1985, he represented Wilson reform. A League representative sits on the Dr. Bone will be honored by Cumberland County in Tokyo, Japan, on a mission to re- Rouge River Advisory Council, as well as the University during the Clement Leadership Re- cruit at Toyota plant to Tennessee. Also that Southeast Michigan Council of Governments ception on Decmeber 22 for numerous accom- year, he represented the National Association Educational Advisory Council. As spelled out plishments—including his leadership as Chair- of Independent Business on a mission spon- in their original charter, the League’s actions man of the Board of Trust from 1982 through sored by the U.S. Department of Commerce, are always a reflection their member’s prior- May 2001. As president of Cumberland Uni- to promote the export of U.S. products to the ities. versity from 1983 through 1987 and a current Far East in Hong Kong, Taiwan, South Korea, I would like to recognize the current officers member of the Board of Trust, I have person- and Japan. of the Dearborn/Dearborn Heights Chapter of ally worked closely with Dr. Bone for a signifi- In 1987, Bone represented Cumberland Uni- the League of Women Voters: Elizabeth cant period of time and I have seen the devo- versity to establish exchange relationships at Linick, Janice Berry, Mary Jo Durivage, Jeni tion, care, and attention, that he has lavished the faculty level between Cumberland and Dunn and Mary Bugeia. I thank all the fine upon that hallowed institution. Armidale College in New South Wales, Aus- members of this Chapter of the League for all A native of Lebanon, TN, and an early tralia. He also negotiated with the Soviets and their hard work over the past 50 years, and achiever, Dr. Bone graduated as valedictorian British over freeing a Zanbari dental student would ask that they keep it up. On the occa- of Lebanon High School in 1954, and earned from Moscow to Prague, Cairo, Nairobi, and sion of their 50th anniversary, I would ask all a Bachelor of Arts from Vanderbilt University Zanzibar. my colleagues to salute the Dearborn/Dear- in 1958, where he graduated magna cum Further, he has served as President of the born Heights Chapter of the League of laude. Meanwhile, he completed the mathe- Wilson County Medical Society, and as a Women Voters. matics program at Cumberland in 1957 and member of the Board of Health, Public Health f the genetics program at Harvard in 1961. He Department of Wilson County. received his Doctor of Medicine from Vander- Because of Dr. Bone’s outstanding contribu- 21ST CENTURY MONTGOMERY GI tions to the university, the community, and the BILL ENHANCEMENT ACT bilt in 1962, while completing internships with Stanford University Hospital in Palo Alto, Cali- state Tennessee throughout his lifetime—we honor him today. SPEECH OF fornia, and Presbyterian Hospital in San Fran- HON. PATSY T. MINK cisco. His residencies in pediatrics and sur- f gery were completed in 1967 through 1969 at HONORING STANLEY ROGERS ON OF HAWAII Vanderbilt, and 1971 through 1975, respec- IN THE HOUSE OF REPRESENTATIVES THE OCCASION OF HIS RETIRE- tively. Later, in 1985, he earned a Master of MENT Tuesday, December 11, 2001 Business Administration (MBA) from Mrs. MINK of Hawaii. Mr. Speaker, I rise Vanderbilt’s Owen School of Businesss Man- HON. ROSA L. DeLAURO today in support of H.R. 1291, the 21st Cen- agement and then received a Doctor of Letters OF CONNECTICUT tury Montgomery GI Bill Enhancement Act. from Cumberland in 1994. IN THE HOUSE OF REPRESENTATIVES The bill includes numerous provisions to His military experience includes service as a help veterans. It broadens the categories of ill- flight surgeon and commander of the USAF, Thursday, December 13, 2001 nesses connected to Agent Orange and the 1974–1980; commander of the 118th Tactical Ms. DELAURO. Mr. Speaker, it gives me Gulf War Sickness, and it increases edu- Hospital, USAF, 1974–1980; and U.S. Army great pleasure to rise today to pay tribute to cational assistance under the Montgomery GI flight surgeon in 1997. a man who has been active in the New Haven Bill for full-time students from $650 per month He has participated in numerous furthering community for nearly 50 years. Today, I am to $800 starting on January 1, 2002, to $900 education programs such as study overseas in pleased to join family, friends, and colleagues in FY03, and to $985 in FY03. 1959 with the Wellcome Library of Historic in wishing Stanley Rogers the very best as he Section 302 extends the Native American Medicine in London, the Royal College of Phy- celebrates his retirement. Veterans Housing Loan Program until 2006. sicians in Edinburgh, and a preceptorship with A lifelong New Haven resident, Stanley has The program was scheduled to expire in 2002. Dr. G.A. Grant Peterkin in Leyden, Montpelier, served his community in a variety of ways Tribal lands are generally held in trust. Uppsala. throughout his life. For forty-two years, he Lands held in trust cannot be encumbered by Dr. Bone has also completed a number of worked at G&O, a manufacturing company those who use it. As a result, native people assistantships and fellowships including work which made automotive parts. During his ten- have historically had limited access to mort- as a research assistant on nuclear medicine at ure at G&O, Stanley became the first African- gages to build and repair houses. Vanderbilt in 1961; a World Study Tour with American to serve as President of the United The Native American Veterans Housing the Institutes of Nutrition in 65 countries from Auto Workers in Connecticut—fighting for bet- Loan Pilot Program was created by legislation 1962–1963; mission hospital visits in Kenya, ter wages, more comprehensive health bene- authored by Senator DANIEL AKAKA in 1992. It Tanzania in 1986; and a surgical oncology fel- fits, and safer work environments for his mem- provides direct housing loans to Native Amer- lowship in 1987 at Vanderbilt. Further, he car- bership. In addition to his career with G&O, ican veterans to purchase, construct, or im- ries certifications from the American Board of Stanley also served on the Redevelopment prove dwellings on trust lands. The program Pediatrics, the American Board of Surgery, Agency with former Mayor Richard Lee in a helps Native American, Native Hawaiians, and Advanced Cardiac Life Support, and Ad- time when New Haven underwent one of its Native Alaskans who were honorably released vanced Trauma Life Support. most sweeping economic redevelopment peri- from active duty service since World War II. He is beloved throughout Middle Ten- ods. It was also during this time that Stanley I urge my colleagues to vote for H.R. 1291 nessee, having practiced medicine in the com- presented the first affirmative action plan for to recognize and compensate the service that munity of Lebanon for nearly 40 years, and minority hiring in the building trades to the Re- native people have made to defend our coun- having performed surgeries at numerous development Agency. His actions went a long try. Nashville area hospitals. These include Van- way in assuring good jobs for New Haven’s f derbilt, Baptist, St. Thomas, Donelson, Univer- minority communities. HONORING DR. ROBERT CARVER sity Medical Center, Nashville General Hos- Stanley has also been involved with the BONE OF LEBANON, TN, AS AN pital, Humana Hospital McFarland, Williamson local municipal government for nearly 20 OUTSTANDING TENNESSEAN County Medical Center, and Summit Medical years. He was first elected to New Haven’s Center. Board of Alderman in 1981 where he served Every endeavor undertaken by Dr. Robert as its president Pro Tempore from 1992 to HON. BOB CLEMENT Carver Bone is met with enthusiasm and ex- 1994 and for 3 years as the chairman of the OF TENNESSEE cellence. His educational influence and exper- Board’s Black and Hispanic Caucus. His dedi- IN THE HOUSE OF REPRESENTATIVES tise has impacted both Vanderbilt and Cum- cation and commitment to New Haven’s 22nd Thursday, December 13, 2001 berland over the years, as he has continually Ward made a real difference in the lives of so Mr. CLEMENT. Mr. Speaker, I rise today to shared his experience with students pursuing many. After his tenure on the Board of Alder- honor Dr. Robert Carver Bone of Lebanon, the medical field, both as an instructor and man, Stanley served three terms as the city/

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.029 pfrm04 PsN: E14PT1 E2300 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 town clerk—a position from which he retired row, it is critical that its leaders devise ways instructions 10 days prior to election day, and earlier this year. to ensure that everyone is included. No orga- would have to be notified of their voting rights Stanley’s involvement with the New Haven nization in the State is better prepared or has under federal and state law and of the federal community stretches far beyond his profes- a better track record of holding those in power and state agencies to contract if they think sional and political career. His participation in accountable for the tools given to Texas fami- their rights are violated. a number of local civic and service organiza- lies to improve their lives. The Conyers bill would provide for federal tions reflect his personal commitment to en- Mr. Speaker, I ask that the U.S. Congress reimbursement to the states for meeting these riching the lives of our fellow citizens. The join me in paying honor and tribute to the requirements and a matching grant fund pro- United Way, the Private Industry Council, and Texas Legislative Black Caucus as they con- gram that would provide advance assistance the Dixwell Community Development Corpora- tinue their critical fight for all Texas families. to enable sates and localities for that purpose. tion are just a few who have benefitted from f And the bill would establish a politically bal- his time and efforts. anced study Commission to examine voter I am pleased to rise today to extend my TRIBUTE TO PICKENS SCHOOL registration and maintenance of voters rolls; deepest thanks and appreciation to Stanley issues of voter intimidation; accuracy of voting; Rogers for his invaluable contributions to our HON. SHELLEY MOORE CAPITO establishing a federal or State election-day holiday; modified polling place hours; and community and my very best wishes as he en- OF WEST VIRGINIA whether an existing or a new Federal agency joys his retirement. IN THE HOUSE OF REPRESENTATIVES should provide continuing assistance to states. f Thursday, December 13, 2001 it would also examine access to ballots and TRIBUTE TO POLK CREEK Mrs. CAPITO. Mr. Speaker, I rise today in polling places, including notice of voting loca- ELEMENTARY honor of Pickens School in recognition of their tions and access for voters with disabilities, achievement as an ‘‘exemplary’’ school. limited English proficiency, visual and hearing HON. SHELLEY MOORE CAPITO Pickens School has been selected as one of impairments, and with other special needs. the top 50 schools of West Virginia. ‘‘Exem- The commission would develop recommenda- OF WEST VIRGINIA tions of the best practices in voting and elec- IN THE HOUSE OF REPRESENTATIVES plary’’ status is based on Stanford Achieve- ment Test results, attendance, drop out rates, tion administration. These are all things that should be done— Thursday, December 13, 2001 and writing exam scores. and while it does into do everything that Mrs. CAPITO. Mr. Speaker, I rise today in I commend the leadership and faculty on should be done, this bill takes very important honor of Polk Creek Elementary in recognition their dedication to the children that walk steps to improve current conditions. I opposed through their doors each day. They have set of their achievement as an ‘‘Exemplary’’ the rule because I wanted the bill to do more. an incredible example for the other 817 school. I supported the motion to recommit for the Polk Creek Elementary has been selected schools in West Virginia. same reason. But we should not refuse to do as one of the top 50 schools in West Virginia. I equally commend the students and parents something even if we re not going to do all we ‘‘Exemplary’’ status is based on Stanford of Pickens School for their commitment to a should. So I will support the bill in the hope Achievement Test results, attendance, drop quality education and a bright future. that it will be improved as the legislative proc- out rates, and writing exam scores. Efforts to bring superior education to all of ess continues. I commend the leadership and faculty on West Virginia and America are among our top f their dedication to the children that walk priorities. Mr. Speaker, I urge my colleagues through their doors each day. They have set to join me in honoring Pickens School. GETTING AMERICA’S ANTI-TER- an incredible example for the other 817 f RORIST MESSAGE TO CENTRAL schools in West Virginia. ASIA I equally commend the students and parents HELP AMERICA VOTE ACT OF 2001 of Polk Creek Elementary for their commit- SPEECH OF HON. TOM LANTOS ment to a quality education and a bright fu- OF CALIFORNIA ture. HON. MARK UDALL IN THE HOUSE OF REPRESENTATIVES Efforts to bring superior education of all of OF COLORADO Thursday, December 13, 2001 West Virginia and America are among our top IN THE HOUSE OF REPRESENTATIVES priorities. Mr. Speaker, I urge my colleagues Mr. LANTOS. Mr. Speaker, I am very Wednesday, December 12, 2001 to join me in honoring Polk Creek Elementary. pleased that the International Relations Com- mittee recently passed legislation to create f Mr. UDALL of Colorado. Mr. Speaker, we could do better than this bill. We should do Radio Free Afghanistan. I also commend the HONORING TEXAS LEGISLATIVE better than this bill. But clearly, today, we will Administration for the steps it has taken to en- BLACK CAUCUS not do better than this bill—and so, with some sure that the United States does not lose the reluctance, I will vote for this bill. public relations battle as it wages the war on Over the course of this year, the House has terrorism. It is vital that the people of Afghani- HON. EDDIE BERNICE JOHNSON stan and its neighbors know the truth about considered several important measures, in- OF TEXAS America’s objectives in combating terrorism cluding bills to respond to the terror attacks on IN THE HOUSE OF REPRESENTATIVES and understand how our actions benefit all of our country. But this could be the most impor- Thursday, December 13, 2001 mankind. tant bill of the year, and maybe even of this Setting up Radio Free Afghanistan will give Ms. EDDIE BERNICE JOHNSON of Texas. 107th Congress—because nothing is more im- us a valuable tool to fight the vicious propa- Mr. Speaker, I rise today to pay tribute to the portant for the health of our democracy than ganda that Osama bin Laden and his sup- legacy of representation and positive activism improving the fairness and inclusiveness of porters continue to spew forth. But Radio Free that has been fostered by the Texas Legisla- our elections. That is why I am cosponsoring Afghanistan cannot succeed in isolation. Its tive Black Caucus. Since its inception, this H.R. 1170, introduced by Representative Con- broadcasts must be supplemented by stepped fearless and focused group of State leaders yers. up and improved broadcasts to Afghanistan’s has consistently fought to ensure that the pol- That comprehensive reform bill would estab- neighbors—Pakistan and the Eurasian states icy priorities of Texas reflect the best interests lish uniform and nondiscriminatory require- of Kazahkstan, Kyrgyzstan, Tajikistan, of all of our citizens. The education, economic, ments for Federal elections, which must be Turkmenistan, and Uzbekistan. As my col- civil and human rights initiative have revolu- met by the 2004 general election. Under that leagues are aware, the Taliban are actively tionized State services and have helped en- bill, all voting machines would have to: Allow supporting an Islamic extremist insurgency in sure that all Texans are empowered to voters to verify their votes before tabulation; the Fergana Valley, where the borders of achieve the American dream. notify voters of over votes and under votes; Uzbekistan, Kyrgyzstan and Tajikistan con- The Caucus will host its statewide con- provide an auditable record; and be equally verge. It is conceivable that the Taliban’s ulti- ference from March 14–16, 2001. This year’s accessible to voters with disabilities and spe- mate objective is Kazakhstan, the largest topic, ‘‘Excellence and Achievement for the cial needs. country in the region, rich in oil and minerals. Millennium,’’ is particularly poignant. As Texas Also, under that bill provisional ballots would Broadcasts by Radio Free Europe and prepares to lead the Nation in the technology be permitted in all Federal elections and all Radio Liberty to these countries should be in- driven, global economy of today and tomor- voters would have to get a sample ballot and creased both in air time and in quality. They

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.033 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2301 should also be broadcast in FM frequency, not Mr. Speaker, when asked by the Grand The Bishop family has left an indelible mark short-wave, in order to reach the largest per- Junction Sentinel why he wants to gain citi- on our local community and I am proud to join centage of the population. In the case of zenship, he simply replies, ‘‘I want to vote.’’ I the Center for Family Business and their many Kazakhstan, I understand that these broad- think this statement speaks volumes for the friends and family in congratulating the Bishop casts are transmitted only in the Kazakh lan- pride Mariano has in his new country. He family as the 2001 Family Business of the guage, despite the fact that Russian remains wants to be part of the process, he wants to Year. the most widely used language in Kazakhstan. participate in civic responsibility, and he wants f The only Russian-language broadcasts report to make a difference. Mariano has grown to on events in Russia, not in Kazakhstan. We love this nation and in these difficult and trying RECOGNIZING BOB HAYES need to broadcast in Russian to the Russian times, he is a symbol of national pride and speakers in Kazakhstan. spirit. HON. EDDIE BERNICE JOHNSON Journalists and publishers in Kazakhstan f OF TEXAS and elsewhere are struggling to report the IN THE HOUSE OF REPRESENTATIVES truth to their readers and listeners, but they HONORING THE BISHOP FAMILY Thursday, December 13, 2001 are harassed and periodically shut down by AS THEY RECEIVE THE MASS the authorities. Getting newsprint on a reliable MUTUAL 2001 FAMILY BUSINESS Ms. EDDIE BERNICE JOHNSON of Texas. basis is also a problem. On November 27, OF THE YEAR AWARD Mr. Speaker, I rise to pay tribute to the spirit 2001, President Nazarbayev threatened the of America. Perhaps at no time before has the media unless editors developed a code of HON. ROSA L. DeLAURO determination, drive and perseverance that conduct for journalists. The threatened OF CONNECTICUT make up the American spirit been more evi- clampdown came after critical articles ap- IN THE HOUSE OF REPRESENTATIVES dent. All of us should take a moment to recognize the contributions that many Americans peared in the media concerning President Thursday, December 13, 2001 Nazarbayev’s son-in-law. Government agen- make to ensure that our country represents cies are sabotaging or shutting down Internet Ms. DELAURO. Mr. Speaker, it is with great the highest standard of excellence. access as well. Local sources of non-govern- pleasure that I rise today to congratulate an One such American is Mr. Bob Hayes. I ment controlled news would be a valuable outstanding family and my good friends, the want to recognize him on the occasion of his complement to U.S. government broadcasts. Bishops of Guilford, Connecticut as the recipi- induction into the Ring of Honor, sponsored by U.S. assistance, including supplying printing ents of the Mass Mutual 2001 Family Busi- St. Phillips School and Community Center in presses and ensuring continued access to the ness of the Year Award. This remarkable fam- Dallas. Bob Hayes is an American of extreme Internet, would be greatly welcomed by these ily has been a fixture of the Guilford commu- accomplishment. During the course of his re- lonely and persecuted voices of democracy nity for nearly 400 years and we are all proud markable life, he has helped knock down color and freedom. to join with them as they celebrate this very barriers all around the world. In our broadcasts to these countries, we special occasion. Mr. Hayes was an All-American track star at should bear in mind that repression and cor- Connecticut has a long and proud history in Florida A&M University, an Olympic gold med- ruption are causing the people to lose hope; agriculture and our famous fruit orchards have alist, and an indispensable part of the Dallas and if the governments that rule in the five become a highlighted attraction for visitors. Cowboys football team. Just as importantly, he former Soviet republics of Central Asia do not From picking your own fruits and vegetables has mentored thousands of track athletes loosen their grip on their people, the people to learning the intricacies of the perfect apple through the Bob Hayes Invitational Track may respond to the siren call of Islamic ex- cider, our orchards offer an unique view into Meet, which has been in existence since tremists as holding out the only source of one of our nation’s oldest industries. The 1964. hope for change. Accordingly, even as we Bishop family has run Bishop Orchards since Bob Hayes is the only person to ever win work with the governments of Central Asia to its establishment in 1871. Today, the families both an Olympic gold medal and a Super Bowl oust the Taliban and al-Qaeda from Afghani- of brothers Albert and Gene Bishop preserve ring. He was billed as ‘‘The World’s Fastest stan, we need also to make it very clear both this New England treasure while expanding Human’’ as he sprinted to world records in the to the governments and the peoples of the re- the business to meet the needs of today’s 100 and 200 yard races. He still holds the gion that we oppose the repression and cor- consumers. With three hundred acres lined Cowboys record for career touchdown recep- ruption that are causing so much suffering, with apply, peach, and pear trees, the Bishops tions. deprivation and opportunities for Islamic ex- continue to work hard to ensure the success I would also like to salute the St. Phillip’s tremists. of the orchards. School and Community Center. Among other Located on the shores of the Long Island f things, the school and center promote cultural Sound, Bishop Orchards captures the spirit of awareness and self-esteem. They serve more PAYING TRIBUTE TO MARIANO New England. The Bishop family, recognizing than 700 young people in the Dallas-Fort APRAIZ the importance of preserving its natural beau- Worth area. ty, were one of the first of our local farmers to Mr. Speaker, the St. Phillip’s School and Mr. HON. SCOTT McINNIS initiate an integrated pest management pro- Bob Hayes represent the focus on excellence OF COLORADO gram, significantly reducing the pesticides and that sets America apart from the rest of the IN THE HOUSE OF REPRESENTATIVES chemicals used in the orchards. Integrated world. I join the residents of the Thirtieth Con- pest management programs utilize alternative gressional District in saluting an American who Thursday, December 13, 2001 means of pest control to ensure successful has shown us all how to excel. Mr. McINNIS. Mr. Speaker, I would like to crops while protecting the surrounding eco- f take this opportunity to recognize a represent- system from harm. While more labor intensive, ative of the American spirit and drive, Mariano setting traps for bugs and pest will ensure that TRIBUTE TO MOUNT NEBO Apraiz. Mariano is from Spain originally, who the orchards and the surrounding environment ELEMENTARY after living in this nation for over thirty years, will be enjoyed for generations to come. will take his oath and become a citizen of the There is more to the Bishop family than HON. SHELLEY MOORE CAPITO United States. The ceremony will take place in their business—they are an integral part of the OF WEST VIRGINIA Denver, Colorado on Friday, December 14. Guilford community. They have long been in- IN THE HOUSE OF REPRESENTATIVES The reason I bring Mariano’s name to bear volved in the Town of Guilford, holding a vari- is to tell his story and determination to be- ety of positions on local town boards and Thursday, December 13, 2001 come an American. Mariano came to this demonstrating a unique commitment and dedi- Mrs. CAPITO. Mr. Speaker, I rise today in country to find a new way of life and experi- cation. Many members of the Bishop family honor of Mount Nebo Elementary in recogni- ence new opportunities in the world. He found have also participated in statewide civic and tion of their achievement as an ‘‘exemplary’’ work as a miner, rancher, and eventually a po- agricultural organizations. In fact, Jonathan school. sition in the local school district. Now at the Bishop was recently appointed to the USDA Mount Nebo Elementary has been selected age of 55, Mariano has made for himself suc- Farm Service Agency State Committee, where as one of the top 50 schools of West Virginia. cessful life in this country and I praise him for I am sure he will work hard to ensure the con- ‘‘Exemplary’’ status is based on Stanford his determination and courage to live his tinued stability and protection of Connecticut Achievement Test results, attendance, drop dream. farmers. out rates, and writing exam scores.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K13DE8.008 pfrm04 PsN: E14PT1 E2302 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 I commend the leadership and faculty on lands within the boundaries of the protection With regard to the provisions related to their dedication to the children that walk area, including both those held as of the date water facilities or infrastructure, it should through their doors each day. They have set of enactment and those acquired thereafter. be noted that this part of the National For- (4) SPECIAL INTEREST MANAGEMENT.—The est has been a municipal watershed for the an incredible example for the other 817 ‘‘special interest area’’ management pre- City and County of Denver and other com- schools in West Virginia. scriptions identified in the forest plan as ap- munities for more than eight decades, with- I equally commend the students and parents plicable to certain lands are also made appli- out serious adverse effects on the resources of Mount Nebo Elementary for their commit- cable to additional contiguous lands, as indi- and values of these lands. Section 3(e)(3) is ment to a quality education and a bright fu- cated on a referenced map of the protection included to make clear that nothing in this ture. area. Together, these lands add up to about bill will interfere with the continuation of Efforts to bring superior education to all of 7,000 acres. that use. Toward that end, it specifies that West Virginia and America are among our top ROADS, TRAILS, AND VEHICLES the bill will not interfere with operation and priorities. Mr. Speaker, I urge my colleagues Section 3 also includes provisions specifi- maintenance of water facilities and infra- cally related to use of lands within the pro- structure, including, but not limited to, the to join me in honoring Mount Nebo Elemen- Moffat Tunnel, the Fraser River Water Col- tary. tection area by motorized and mechanized vehicles, including— lection system or the Englewood water col- (1) INVENTORY.—Subsection 3(d)(1)(C) pro- lection system. Nothing in the bill will give f vides for a review and inventory of existing the Forest Service any additional rights of roads and trails in a portion of the protec- oversight, regulation or acquisition in regard JAMES PEAK WILDERNESS AND tion area where use was officially allowed by to any water facilities located in the protec- PROTECTION AREA ACT the Forest Service on September 10, 2001. tion area. As a result, access to such facili- Lands subject to the ‘‘special interest area’’ ties, as well as any necessary work in con- SPEECH OF management prescriptions are excluded from nection with them—including construction this process. The intention is that in con- or repair of roads or other uses of rights-of- HON. MARK UDALL ducting this review and inventory the Forest way—will continue to be subject only to any OF COLORADO Service involve the public so that all inter- conditions or restrictions that would have IN THE HOUSE OF REPRESENTATIVES ested groups and individuals are consulted been applicable or could become applicable Tuesday, December 11, 2001 and included in this process. The review and in the absence of this legislation. inventory are to be completed within two INHOLDINGS Mr. UDALL of Colorado. Mr. Speaker, the years after enactment of the bill, and during Section 4 addresses non-federal lands lo- House passed this bill earlier this week. While that period the Forest Service is authorized cated within the protection area. It provides it was discussed at some length on the floor, to connect existing roads and trails in the for acquisition of any such lands by the and is further explained in the report of the area subject to the review and inventory to United States by purchase or exchange with Resources Committee, for the benefit of all other existing roads and trails in that area, the consent of the owner, a report to Con- with an interest in it here is an outline of the so long as there is no net gain in the mileage gress concerning the status of negotiations main provisions of the bill. of either roads or trails open to public use in toward that end, and for management of any that area. The purpose of this authorization In this outline, I am including the latest acre- such lands as part of the protection area is to enable the Forest Service to provide a upon their acquisition by the United States. age numbers by the Forest Service, based on more functional and ecologically sound but FALL RIVER TRAILHEAD more precise estimates they have made while not more extensive network of transpor- Section 5 directs the Forest Service to lo- developing the official map of the lands af- tation routes in this part of the protection cate a new trailhead and appropriate attend- area. fected by the bill. I am including these be- ant facilities in the Fall River basin area (2) CLOSURE.—Subsection 3(d)(1)(C) also au- cause, of course, where the acreage esti- southeast of the James Peak Wilderness thorizes closure or removal of existing roads mates in the bill text are different, it is the map Area. The Forest Service is to consult with or trails anywhere in the protection area Clear Creek County, local communities and that will control and will show exactly what the that the Forest Service determines to be un- the interested public on the location and es- bill would do. desirable, except as specified in subsection tablishment of this trailhead. The purpose of SECTION-BY-SECTION ANALYSIS 3(d)(2) or subsection 3(e)(3). The intention is this trailhead is to provide access to this re- that roads and trails closed under this au- SHORT TITLE gion of the James Peak Wilderness Area thority will be removed and revegetated in a Section 1: provides a short title, namely while also alleviating impacts to the com- way that assures their full rehabilitation James Peak Wilderness and Protection Area munities of Alice Township and St. Mary’s and restricts them from further use. Act. Glacier from wilderness use and recreation. (3) PROHIBITION ON NEW ROADS AND WILDERNESS TRAILS.—Subsection 3(d)(1)(D) prohibits es- LOOP TRAIL STUDY Section 2 amends two previous wilderness tablishment of new roads or trails in the pro- Section 6 directs the Forest Service to un- Acts; the effect is to (1) designate about tection area, subject to certain specified ex- dertake a study to determine whether or not 17,000 acres in Boulder, Clear Creek, and Gil- ceptions, including an allowance for non- it would be both feasible and desirable to es- pin Counties, Colorado, as the ‘‘James Peak permanent roads and trails that will be re- tablish within the protection area a loop Wilderness’’; and (2) enlarge the Indian tained only for the period needed for tem- trail for non-motorized recreational use that Peaks Wilderness by addition of three tracts porary management purposes. would connect the existing ‘‘Rogers Pass’’ that in total amount to about 3,350 acres. WATER trail and the existing ‘‘Rollins Pass’’ road. PROTECTION AREA Subsection 3(d)(e) deals with the relation- This study is to be done in consultation with Section 3 designates about 19,000 acres of ship between the protection area and water interest parties, which the Committee in- national forest land as the ‘‘James Peak Pro- rights. tends will result in a thorough public-in- tection Area’’. Except as provided in this It specifies that the bill (1) does not con- volvement process. It is important to note section, the protection area is to be managed stitute an express or implied reservation of that neither this section nor the provisions in accordance with the relevant management any water or water rights with respect to for review and inventory in section 3(d)(1)(C) prescriptions identified in the 1997 revision lands in the protection area; (2) will not af- presume that mechanized recreation will be of the forest plan for the Arapaho/Roosevelt fect any existing water rights in Colorado; permitted on the existing Rogers Pass trail. National Forest. The principal exceptions (3) will not limit, alter, modify, or amend Instead, ultimate decisions regarding such specified in the section include— any interstate compacts or equitable appor- use and management will be made by the Forest Service consistent with the 1997 For- (1) WITHDRAWAL.—The entire protection tionment decrees that apportion water area is withdrawn, subject to valid existing among and between Colorado and other est Plan and the provisions of the bill. rights, from all forms of appropriation or states; and (4) does not constitute a prece- OTHER PROVISIONS disposal under the public land laws as well as dent with respect to any future protection Subsection 7(a) specifies that the bill’s des- from location, entry, and patent under the area designation. ignation of wilderness will not result in the mining laws and from operation of the min- The subsection also requires the Secretary creation of buffer zones outside the bound- eral leasing, mineral materials, and geo- of Agriculture to follow Colorado law in aries of the wilderness areas. thermal leasing laws; order to obtain any new water rights with re- Subsection 7(b) provides for technical as- (2) TIMBER HARVEST.—The entire protec- spect to the protection area, and explicitly sistance with respect to repair of the Rollins tion area is closed to timber harvesting ex- states (in paragraph (3)) that the bill will Pass road, if requested by one or more of the cept to the extent needed for insect or dis- have no effect on existing water facilities or affected counties. The intention is that if the ease control projects, hazardous fuel reduc- infrastructure, or associated water-related Rollins Pass road is reopened the cut-offs, tion or other measures for control of fire, or property, interests, and uses, in the portion bypasses and detours that have been created protection of the public health and safety; of the protection area not subject to the by motorized and mechanized vehicles will (3) RETENTION.—The United States must ‘‘special interest area’’ management pre- be closed so that the impacts caused by these retain all its right, title, and interest in scriptions. detours are halted and the affected lands can

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.040 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2303 recover and be restored to their natural nity, as well. Under his guidance, Day & Zim- Some believe the current prohibition on the character. mermann grew 1000 percent and now em- use of federal funds for cloning and cloning re- WILDERNESS POTENTIAL ploys over 24,000 personnel, performing $1.5 search is sufficient protection for those tax- Subsection 8(a) makes clear that nothing billion in professional services for clients in 45 payers who object to cloning. However, this in the bill will preclude or restrict the au- states and 15 countries. Though most promi- argument is flawed for two reasons. First, the thority of the Secretary of Agriculture to nent for its engineering and plant operation current ban is not permanent and thus could evaluate the suitability of lands in the pro- services, Day & Zimmermann also oversees be changed at will by a future Congress or ad- tection area for future wilderness designation or to make recommendations to Con- 25 subsidiaries providing construction man- ministration. Second, because money is fun- gress for such designation at any time. Sub- agement, technical personnel, security, cler- gible, current law does not necessarily prevent section 8(b) specifies that such evaluation of ical, marine transportation, maintenance, de- federal funds from subsidizing cloning. After the part of the protection area subject to fense systems, and information services. all, whenever a company that engages in ‘‘special interest area’’ management pre- Through all this, Spike has maintained a cloning research receives federal dollars for scriptions shall be done in connection with standard of excellence that places Day & Zim- any project, the company obviously then has the first revision of the relevant forest plan mermann once again in a position to support more dollars available to use for cloning. after the date of enactment of the bill. our troops as we wage war on terrorism. In Therefore, any federal funding for companies f addition, his legacy of generosity and commu- that engage in human cloning forces tax- nity service is an example to all of what our payers to subsidize those activities. Thus, the HONORING CONGRESSMAN DICK citizenship demands. During this dangerous only way to ensure that no American is forced ARMEY and uncertain time, when our future depends to pay for cloning research is to eliminate all on our continued vigilance and ability to serve, federal funding of such companies or organi- HON. PHILIP M. CRANE Spike Yoh stands as a leader, giving us con- zations. OF ILLINOIS fidence that we can skillfully weather the chal- Thomas Jefferson said ‘‘To compel a man IN THE HOUSE OF REPRESENTATIVES lenges ahead. to furnish contributions for the promulgation of Thursday, December 13, 2001 f ideas he disbelieves is both sinful and tyrannical.’’ I hope my colleagues will embrace the Mr. CRANE. Mr. Speaker, I rise to pay trib- IN HONOR OF PROF. TIBERIUS spirit of Jefferson and join me in ending the ute to my friend and colleague DICK ARMEY, HUMITA sinful and tyrannical practice of forcing tax- the distinguished Majority Leader. DICK and I payers to subsidize a practice so many find have been kindred souls in our quest for HON. DAVID E. BONIOR abhorrent. I urge my colleagues to support this greater fiscal restraint, lower taxes and remov- OF MICHIGAN bill and forbid federal funds from going to any ing the government imposed barriers that re- IN THE HOUSE OF REPRESENTATIVES company which engages in human cloning. strain the growth of our economy. He has f been a leader in promoting growth through Thursday, December 13, 2001 supply-side economics and advocated a fairer, Mr. BONIOR. Mr. Speaker, today I rise to PAYING TRIBUTE TO LINDA flatter, and simpler tax code. These are posi- give special recognition to a very dear friend MALINSKY tions that I hope those who follow him to Con- of mine, a living icon of idealistic political activ- gress in the years to come will continue to ism, Professor Tiberius Humita. Born in Roma- HON. SCOTT McINNIS fight for. nia, Tiberius has always been on the cutting OF COLORADO Both of us are educators by trade and edge of social activism. From his days as a IN THE HOUSE OF REPRESENTATIVES brought the valuable experiences learned in youth in Bucharest, to his time as a political Thursday, December 13, 2001 the classroom to the Halls of Congress. I am refugee in Germany during WWII, to his sup- certain that DICK was a great educator. I’m port of progressive candidates back in Michi- Mr. McINNIS. Mr. Speaker, I would like to sure his quick wit and command of the sub- gan, Tiberius has always stood out as a lead- take this opportunity to recognize an out- jects he taught were thoroughly appreciated er and an example of what it takes to institute standing individual from Mancos Valley, Colo- by his students. I know that his command of positive change. In March of 1997, Tiberius rado, Linda Malinsky. Throughout the years, the issues and his ability to lead are appre- wrote a brief article about his life. It was pub- Linda has been a model citizen of the commu- ciated by his colleagues. I also know that I will lished in the American Romanian News, and nity by selflessly donating her time and efforts miss fighting the good fight for a better Amer- tells the fascinating story of this man’s cour- to needy organizations and seniors throughout ica with my friend DICK ARMEY. age and selflessness. There is no better way the area. I would like now to highlight several f to describe this man’s contribution to the of her efforts and commend Linda on her ac- world. I encourage all of you to read the story complishments. IN RECOGNITION OF MR. HAROLD of Prof. Tiberius Humita. He is from a genera- Linda is known as a person with a kind L. ‘‘SPIKE’’ YOH, RECIPIENT OF tion that had to fight for their freedom, and risk heart and gentle soul who dedicates most of THE JOHN J. JONES AWARD FOR their lives for a greater cause. May his tale put her time to the Valley Inn Nursing Home. At OUTSTANDING CONTRIBUTIONS in perspective just what it is we are doing here the home, she serves as the Social Services TO OUR NATIONAL DEFENSE in the halls of the greatest Democracy the Director, providing her energies to ensure the world has ever known. continuation of a high quality of life for seniors HON. CURT WELDON f in the home and in the area. When she is not OF PENNSYLVANIA at the home, she stays fully occupied by pro- PROHIBIT FEDERAL FUNDING FOR IN THE HOUSE OF REPRESENTATIVES viding her amazing voice to her local church ANY ORGANIZATION ENGAGING and other groups. Her voice is well known in Thursday, December 13, 2001 IN ANYTHING HAVING TO DO the area and many of her listeners relish her Mr. WELDON of Pennsylvania. Mr. Speaker, WITH HUMAN CLONING sound as relaxing and soothing to the mind today I would like to recognize the recent win- and spirit. In her desire to further help the el- ner of the National Defense Industrial Associa- HON. RON PAUL derly and provide healthcare to those in need, tion’s John J. Jones Award for Outstanding OF TEXAS Linda organizes the annual Alzheimer’s Walk Contributions to our National Defense, Mr. IN THE HOUSE OF REPRESENTATIVES in Boyle Park. She volunteers all her time and Harold L. ‘‘Spike’’ Yoh. efforts to the charity, which annually raises Under the leadership of Spike Yoh, Day & Thursday, December 13, 2001 thousands of dollars to fight the debilitating Zimmermann, Inc. has made and continues to Mr. PAUL. Mr. Speaker, I rise to introduce disease. make significant and exceptional contributions legislation prohibiting federal funding for any Mr. Speaker, Linda Malinsky is a model cit- to our national security. Among these, Day & organization that engages in human cloning or izen of the community and her hard work and Zimmermann established new safety and pro- human cloning techniques. Moral and legal efforts have not been overlooked. She has reduction standards for the munitions industry, questions surrounding human cloning are cently been named as the Citizen of the Year and provided vital support for our efforts dur- among the most contentious and divisive fac- by the Mancos Valley Chamber of Commerce ing the Gulf War. ing America today. However, I hope we can all honoring Linda for her dedication to seniors in Spike Yoh’s contribution to the United agree that no American should be forced to the area. I would like to congratulate Linda on States extends to our economy and commu- subsidize this activity. her efforts and her recent award, wish her

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.043 pfrm04 PsN: E14PT1 E2304 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 happy holidays, and good luck in her future for workers in defined contribution plans. For make pension contributions either to an IRA or endeavors. workers who will have many employers during 401 (k) plan and it also includes a tax credit f their working, lives, we need to ensure that to small businesses that would subsidize 50 they will earn pension benefits that will benefit per cent of their pension contributions for the THE INTRODUCTION OF THE RE- them in retirement. The bill reduces pension first 3 years of a plan. TIREMENT ENHANCEMENT ACT vesting from 5 to 3 years for defined contribu- The bills create an alternate dispute resolu- OF 2001 tion plans. tion system to resolve benefit disputes. The The Retirement Enhancement Act seeks to Department of Labor, along with dispute reso- HON. ROBERT E. ANDREWS expand pension availability to those workers lution organizations, would develop an early OF NEW JERSEY without it. One of the innovative ways in which neutral evaluation program. This would allow IN THE HOUSE OF REPRESENTATIVES it would do so is to create a model small em- for participants to receive benefits in a timely Thursday, December 13, 2001 ployer group pension plan into which small manner instead of after years of litigation, The Mr. ANDREWS. Mr. Speaker, I rise today to employers could buy in with minimal adminis- bills also strengthen ERISA’s remedies to en- introduce the Retirement Enhancement Act of trative responsibilities. The Departments of sure that participants have meaningful access 2001. The Retirement, Enhancement Act of Labor and Treasury would work with associa- to court, and that the courts can adequately 2001 consists of two bills, one amending the tions or financial institutions to establish and remedy violations of the law. Employee Retirement Income Security Act advertise these model plans so that employers Finally, the Retirement Enhancement Act of (ERISA) and the other amending the Internal and employees would know that easy and ac- 2001 requires the timely distribution of defined Revenue Code (IRC). cessible pension options exist. contribution cash-out amounts, which would These bills are the result of my work as the The Retirement Enhancement Act includes have to be made within 60 days of an employ- Ranking Member of the Subcommittee on Em- important pension protections for women. ee’s termination. It permits employees to work ployer-Employee Relations, which last Con- These bills establish a 75 per cent joint and longer without being required to start pension gress and earlier this year held a number of survivor annuity option that would provide sur- receipt by delaying the minimum distribution of bipartisan hearings to consider improvements viving spouses greater benefits in retirement. benefits from age 701⁄2 to 75. Furthermore, for to ERISA. The Subcommittee heard from a It provides enhanced protection to divorced workers who are involuntarily terminated, it wide variety of witnesses representing pension spouses’ pension rights and improves spousal permits them to borrow against their pension participants, employers, and financial advisors. information rights. These bills would also allow earnings in order to pay for health or job train- They presented us with a variety of proposals for time taken off from work under the Family ing expenses. to improve the retirement security of American and Medical Leave Act to count toward pen- Mr. Speaker, it is now time for the Congress workers. The Retirement Enhancement Act sion participation and vesting requirements. to build on what was started with the enact- seeks to take the best of these contributions, The Act improves ERISA’s safeguards for ment of ERISA in 1974, and take additional and couple them with other pension provisions the investment of pension plan monies. It cre- steps to ensure retirement security for our that I have either advocated or supported in ates an expedited prohibited transaction ex- workforce. Advances in medical technology, the past, emption approval process under which plans environmental protection, nutrition, and im- Joining with me as cosponsors of the Re- would be able to more easily and quickly pro- proved living standards give us reason to be- tirement Enhancement Act of 2001 are numer- vide participants with new investment prod- lieve that Americans are going to live longer ous members of the Committee on Education ucts. It does so, however, without weakening lives. Whether the quality of these lives, after and the Workforce, including Representatives participant protections. It permits employers to retirement, is good or not, will depend upon MILLER, KILDEE, OWENS, PAYNE, MINK, SCOTT, provide qualified investment advice, including the existence, nature, and security of each WOOLSEY, RIVERS, HINOJOSA, TIERNEY, KIND, self-interested advice provided advisors meet person’s pension plan. Because employers SANCHEZ, FORD, KUCINICH, HOLT, SOLIS and minimum qualifications, adequate notice is are rapidly shifting to the use of employee-di- MCCOLLUM. They share my belief that enact- provided, employees have an independent op- rected pension accounts, more and more ment of these bills will improve workers’ action and also effective remedies are available workers will be making decisions that are crit- cess to and adequacy of needed retirement to employees for breach of the advisors fidu- ical to their future financial health. I believe benefits. ciary duties. This will be extremely helpful to that the Retirement Enhancement Act of 2001 Since the enactment of ERISA, the number those workers in defined contribution pension will help make those decisions easier, and of Americans who participate in a pension plans who bear the primary responsibility for make the benefits of those decisions more se- plan has nearly doubled from 38.4 million in their pension plan investment decisions. cure. I look forward to working with my col- 1975. While this growth is considerable, it still In recent months tens of thousands of par- leagues and the pension community to con- leaves about half of the workforce without ac- ticipants in defined contribution plans have tinue to improve these bills and advance their cess to a pension plan through their employer. suffered great loss when their company stock consideration. Both the General Accounting Office and Con- price dramatically declined, most notably in f gressional Research Service have completed the case of Enron. Too many participants studies analyzing pension coverage in the have had their retirement savings effectively TRIBUTE TO JANET AND United States. The studies found that approxi- wiped out. The Retirement Enhancement Act MAXWELL HILLARY SALTER mately 53 per cent of workers, roughly 68 mil- would give pension participants enhanced lion people, lacked a pension plan in 1998. rights to diversify their employer pension con- HON. HENRY A. WAXMAN tributions. The bill would require all employers About 39 per cent of those without coverage OF CALIFORNIA worked for an employer that did not sponsor to notify employees of their right to diversify a plan, while 14 per cent lacked coverage be- employer contributions and would require em- HON. HOWARD L. BERMAN cause their company’s plan did not include ployers to diversify employer contributions. OF CALIFORNIA them. The Retirement Enhancement Act of 2001 IN THE HOUSE OF REPRESENTATIVES These bills seek to eliminate the remaining improves access to pension information and Thursday, December 13, 2001 weaknesses in ERISA and lay the groundwork strengthens enforcement mechanisms. It to help those not covered by an employer would require that plan participants regularly Mr. WAXMAN. Mr. Speaker, we rise today pension. These bills seek to improve pension receive statements apprising them of the sta- to pay tribute to two dear friends, Janet and coverage and adequacy, Under these bills, tus of their earned pension benefits. Pension Maxwell Hillary Salter. Janet and Max are employers that sponsor plans would be re- plans would also have to provide more de- being honored on January 17, 2002 by the quired to offer pension coverage to all employ- tailed financial information about their earnings University of Judaism (UJ) in Los Angeles for ees who meet current minimum eligibility re- and investments. These bills would improve their tremendous commitment to Jewish, busi- quirements such as completion of one year of the current pension auditing system by requir- ness and civic activities. We have known employment. These bills also improve cov- ing accountants to conduct full scope audits Janet and Max for more than three decades erage for part-time workers who represent one and report irregularities to the Department of and can not imagine two more deserving re- of the largest groups without pension cov- Labor. cipients for this prestigious honor. erage. Women represent 70 percent of the The bill includes important incentives to in- The evening will be particularly meaningful part-time workforce. crease meaningful access to pension plans for because the Sigi Zierling Institute at the UJ With the ever-changing, workforce, it is also low and moderate wage earners. It makes re- will be unveiled due to the generosity of Janet important that we decrease the vesting period fundable the new tax credit for individuals who and Max. The institute will provide a national

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K13DE8.010 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2305 center to explore the moral and religious im- importation of goods that are poorly inspected, confirmed cases. His efforts contributed to the pact of the Holocaust for future generations. and manufacturing jobs in states like Rhode worldwide eradication of the disease. And, it will solidify and honor the memory of Island have been put at risk as employers For nearly eleven years, Mr. Conrad served Sigi Zierling, who was a beloved philan- leave for Mexico and other countries. as the Director for Sexually Transmitted Dis- thropist, entrepreneur, scientist and Holocaust I also am concerned about the role that ease Control Programs in Atlanta, Nashville, survivor. Sigi is survived by a loving family international organizations such as the World Salt Lake City, and San Juan. In addition he who have also been instrumental in furthering Trade Organization have on our national sov- has served CDC as the Deputy Director for the mission of the UJ. ereignty. Our hard-fought federal, state, and the Public Health Service—Region IV, Division Janet and Max have been leaders in philan- local regulations that protect our consumers of Preventive Health Services. thropy for as long as we can remember. They and environment will be put at risk by H.R. are patron members of the UJ and for more 3005. The bill would allow our environmental When the CDC began to recognize the than ten years they hosted parties for Jewish agreements that safeguard biodiversity, control cases of the HIV virus early in the epidemic it singles affiliated with the UJ. the use of particular pollutants, and preserve was Mr. Conrad the agency called upon to They are also patron members of the Los our most endangered species, to be chal- serve as the Desk Officer for the Department Angeles County Museum of Art, Museum of lenged as unacceptable barriers to trade. of Health and Human Services newly des- Contemporary Art and Platinum Members for Another major problem with the bill is its fail- ignated National AIDS Program Office. During the Center Theater Group. They are avid sup- ure to learn from NAFTA’s mistakes when it his career, Gary has also represented CDC as porters of the Beverly Hills Education Founda- comes to corporate investment. Foreign cor- an advisor to the Socialist Republic of Viet- tion, the Maple Center, the Venice Family porations are using NAFTA’s Chapter 11 on nam, the International Organization on Migra- Clinic and Happy Trails. Their tireless dedica- investment to challenge core governmental tion, and the U.S. State Department on ref- tion to the arts and education has made them functions. Rhode Islanders need to be particu- ugee-based health screening. He also served integral members of Los Angeles, civic com- larly concerned about this. We need to learn CDC in Miami on an emergency Cuban ref- munity. from the experience of the State of California ugee screening project during the Mariel Janet is a multi-talented published cartoonist which has been sued by the Canadian com- Cuban Boatlift. who also coproduced, co-wrote and directed pany, Methanex, because of California’s ban Mr. Conrad’s career is truly noteworthy and two major musicals for the City of Beverly on MTBE, a gasoline additive. This example is represents the excellence that exists within the Hills. She was awarded the first Golda Meir particularly pertinent to Rhode Island, because citizens of our community and the nation. The Award in 1978 by the State of Israel Bonds. the Pascoag water district of Burrillville, Rhode Centers for Disease Control and Prevention She has served as a board member and chair Island has a contaminated water supply from will surely miss the perennial contributions to of the Beverly Hills Fine Art Commission for MTBE. If we pass The Trade Promotion Au- public health of Mr. Conrad as he retires and nine years. She currently serves as president thority Act, we need to be aware that we open it is my pleasure to recognize his efforts today of the Beverly Hills Theatre Guild and is on the door to place Rhode Island laws and regu- in the CONGRESSIONAL RECORD. the board of the Greystone Foundation. lations at the mercy of foreign firms. Max served two years as mayor of Beverly For all of these reasons, I urge my col- f Hills during his eight year tenure on the City leagues to vote against H.R. 3005 and in sup- Council. He is the chairman of Beno’s, a port of the Levin-Rangel substitute. TRIBUTE TO JANE ROBERTS downtown Los Angeles apparel company, f chairman of the Fashion District Business Im- provement Board and member of the board of CDC RETIREE AND CONSTITUENT HON. JOSEPH M. HOEFFEL directors of Diagnostic Products. He is also on GARY CONRAD OF PENNSYLVANIA the advisory board of the Jewish Community IN THE HOUSE OF REPRESENTATIVES Foundation and past president of Temple Beth HON. JOHNNY ISAKSON Am. Like Janet, Max’s influence is felt wher- OF GEORGIA Thursday, December 13, 2001 ever he dedicates his talents. IN THE HOUSE OF REPRESENTATIVES Mr. HOEFFEL. Mr. Speaker, I rise today to Janet and Max have lived in Beverly Hills Thursday, December 13, 2001 for over 40 years. They have three wonderful honor Jane Roberts who will retire in Decem- children, all graduates of either Berkeley or Mr. ISAKSON. Mr. Speaker, it is my distinct ber as Commissioner of Springfield Township UCLA, and twelve grandchildren, six of whom pleasure to recognize the distinguished career in Montgomery County, Pennsylvania. She were at Berkeley at the same time. of Mr. Gary Conrad, who is a member of my has served her community for many years We are delighted to honor our dear friends constituency in Georgia’s Sixth District and with distinction. as they receive a much-deserved honor from has provided countless hours of assistance to Jane is a dedicated public servant. Upon ar- the University of Judaism and ask our col- the Congress as an employee of the Centers riving in Montgomery County, she became ac- leagues to join us in wishing them all the best for Disease Control and Prevention in Atlanta, tive with the Schuylkill Valley Center for Envi- for the future. Georgia where he has served as the Chief of ronmental Education and became interested in f the Congressional and Legislative Branch in politics through the League of Women Voters the Financial Management Office. where she served as President. BIPARTISAN TRADE PROMOTION Mr. Conrad is retiring from the Centers for AUTHORITY ACT OF 2001 Jane, a Democrat, was elected a Commis- Disease Control and Prevention after 34 years sioner of Springfield Township in 1994. She of service to the agency. His service record SPEECH OF served as Vice President of the Board of with CDC spans his entire career and it is a Commissioners in 1996 and 1997. For the HON. PATRICK J. KENNEDY career that demonstrates loyalty, dedication, past seven years, she has been active in pro- quality, and selfless acts to the people of OF RHODE ISLAND moting recycling and other environmental Georgia, the United States and in fact the IN THE HOUSE OF REPRESENTATIVES causes as the Chairwoman of the Cultural and world. Mr. Conrad has worked tirelessly to Thursday, December 6, 2001 Environmental Resources Committee. In addi- provide Congress information about the agen- tion, she has served as the Commissioner Li- Mr. KENNEDY of Rhode Island. Mr. Speak- cy, its mission, and its programs. His work has aison to the Board of Directors of the Free Li- er, I rise in opposition to H.R. 3005, the Trade contributed significantly to our understanding brary of Springfield Township. Promotion Authority Act. I believe in free trade of the agency’s mission and the nation’s public that is also fair trade, and this bill does not en- health needs. Jane and her husband Roy are the proud sure that our future trade agreements will fit Mr. Conrad has had several notable assign- parents of two sons and one granddaughter. that description. ments and he can truly be recognized as an I am pleased to honor Jane Roberts on her I strongly feel that we have to learn from the individual in the forefront of the public health retirement from the Board of Commissioners. experience of the North American Free Trade service. During his career with CDC, Mr. She has made significant contributions to her Agreement (NAFTA), which has been a fail- Conrad worked directly with the World Health community that will leave a lasting mark. Her ure. Since NAFTA our trade deficit with Mex- Organization, Smallpox Eradication Pro- dedication to her community truly is commend- ico has increased, the environment along the gramme in Bangladesh where he investigated able. I join Springfield Township in congratu- US/Mexico border has gravely suffered, con- potential smallpox cases and implemented dis- lating Jane on her many years of exemplary sumer safety has been put at risk due to the ease containment procedures in areas with service.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.051 pfrm04 PsN: E14PT1 E2306 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 PAYING TRIBUTE TO RICHARD The young ladies’ kindness and commitment calls Barbara a modern-day ‘‘Robin Hood’’ be- ‘‘DICK’’ WOODFIN in the aftermath of such a tragedy exemplifies cause she passionately helped poor children the spirit and tenacity of America. The com- and their families even when her own family HON. SCOTT McINNIS passion shown to our fellow man during this was experiencing financial difficulties. I want to OF COLORADO atrocity has revealed many heroes among us, thank Billy personally for the sacrifice he and IN THE HOUSE OF REPRESENTATIVES not the least of which are the ladies of Troop his family made throughout the years. Barbara Thursday, December 13, 2001 #2765. Alexander was a model for us all. Indeed, her I wish to thank these brave young women passion and advocacy will continue to inspire Mr. MCINNIS. Mr. Speaker, I would like to for their tremendous contribution to the recov- us to explore ways to improve educational op- take this opportunity to recognize Richard ery efforts, and for helping us all gain some portunities for all children. ‘‘Dick’’ Woodfin and thank him for his contribu- perspective in a time of national tragedy. Mr. Speaker, today the House is going to tions to the state of Colorado. Dick, who last f pass historic legislation to reform the Elemen- year celebrated his 100th birthday, has been tary and Secondary Education Act, a law to an active leader in state political and agricul- TRIBUTE TO BARBARA ALEX- benefit disadvantaged public school students tural communities for most of his lifetime. I ANDER, ADVOCATE FOR EDUCA- first enacted in 1965. I would like to think that would now like to recognize some of his past TIONALLY DISADVANTAGE CHIL- Barbara Alexander would be proud of the work and present accomplishments and extend my DREN we have done in this bill to ensure that federal gratitude to his service and dedication to our aid to schools in fact is targeted, better than state and nation. HON. GEORGE MILLER ever before, on those children most in need of Dick came to Colorado as a child when his OF CALIFORNIA help. I would like to think that she would be parents settled in Cheyenne Wells in 1916. He IN THE HOUSE OF REPRESENTATIVES proud of our efforts to ensure that all children graduated from Colorado State University in are taught by qualified teachers, that they 1928 and became an agriculture teacher and Thursday, December 13, 2001 have quality after-school programs and that thus began a long career in the agricultural Mr. GEORGE MILLER of California. Mr. they will benefit from the bright lines we will community. His work with the Colorado Farm Speaker, I would like to take this opportunity soon draw with regard to our expectations for Bureau began in 1930 as an extension agent. to acknowledge the passing of Barbara Alex- schools. Our bill is rooted in the belief that all He worked and remained active in the cities of ander, a very special woman whose life was children, no matter what their backgrounds, Crowley, Canon City, Grand Junction and Bur- dedicated to aiding children. Barbara is best can learn equally well as their schools have lington. In 1948, his involvement took a step known as a loving, energetic, feisty, and dili- the proper resources and a qualified teaching forward when he was instrumental in the cre- gent advocate for advancing educational op- staff. I believe these are the goals that Bar- ation of the Mesa County Farm Bureau. His portunities for children, especially children bara Alexander spent many years of her life official service to the Colorado Farm Bureau from economically disadvantaged families. Her fighting for, and I will think of her today, and ended in 1962, but he remained persistent in courageous efforts continued until her untimely the children she fought for, as we pass this fighting for the interests of the citizens of Colo- death at age 64 on November 27th of this historic bill. rado upon being elected to the state legisla- year. ture in 1969. Born in Beaumont, Texas, Barbara moved f Mr. Speaker, Dick Woodfin contributed so to Richmond, California, in my congressional much to the struggles of the Colorado Farm district, with her family when she was 7 years HELP AMERICA VOTE ACT OF 2001 Bureau and to the triumph of the people of old. She met her future husband, Billy Alex- SPEECH OF Colorado. His achievements have recently ander, while in church one Sunday. Barbara been recognized with the presentation of the was married to Billy for 44 years and was the HON. JOSEPH CROWLEY Colorado Farm Bureau 2001 Service to Agri- proud mother of three daughters, five sons, OF NEW YORK culture Award. For his lengthy service to the seven grandchildren and two great-grand- IN THE HOUSE OF REPRESENTATIVES State of Colorado and the United States of children. America, I would like to personally recognize Barbara’s activism on behalf of public Wednesday, December 12, 2001 him for his efforts. Dick, you are truly worthy school children began in 1963, when her eld- Mr. CROWLEY. Mr. Speaker, I rise today in of the praise of this body of Congress. est daughter, Gaye, entered kindergarten at support of H.R. 3295, The Help America Vote f Coronado Elementary School in Richmond. Act. I would like to thank the gentleman from Ohio, Mr. NEY and the gentleman from Mary- HONORING THE GIRL SCOUTS OF She volunteered countless hours at the school land, Mr. HOYER for their diligent work in get- HENDERSONVILLE, TENNESSEE and joined the Parent Teacher Association and the school advisory council. In the 1970s, ting this legislation to the floor quickly enough Barbara and Billy successfully won a court de- for it to make a difference in the upcoming HON. BART GORDON cision against the Richmond Unified School 2002 elections. OF TENNESSEE District and the State of California for their The Presidential election of 2000 highlighted IN THE HOUSE OF REPRESENTATIVES handling of federal funds committed for special the numerous problems within our federal Thursday, December 13, 2001 education students under Title I. Soon after- election system. Voting machines broke down, Mr. GORDON. Mr. Speaker, I rise today to ward, Barbara’s involvement in education and thousands of votes were discarded due to honor the young ladies of Girl Scout Troop her fight for the rights of disadvantaged chil- damaged ballots over or under votes and #2765 in Hendersonville, Tennessee. Like so dren intensified. She served as a member of hanging, dimpled and pregnant chads. The sit- many Americans, they were taken aback by the National Coalition for Title I Parents, and uation was especially grave in our minority the tragic events of September 11, 2001, and the California Association for Compensatory communities, especially African-American proved, once again, that heroes come in all Education. Barbara continued her lifelong pas- neighborhoods. The United States election sizes. sion for poor children by pioneering programs process broke down, as did the voter’s con- In the wake of the attacks on the World to assist low-income children such as Dreams fidence in it. We all came to this House just Trade Center and the Pentagon, people all for Children, which raised money to take low- under a year ago, promising to immediately over America shared their food, shelter and income children shopping for Christmas, a act to fix the many problems we discovered. prayers with those directly affected by the Day of Sharing at Nystrom Elementary School, Today we must take the opportunity to restore tragic events of September 11. The Girl weekend tutorial programs, and a summer public confidence in the integrity of the elec- Scouts from Troop #2765, saddened as so school program called Summer of Hope. toral process. many of us were at the realization that hun- In recent years, the Alexanders founded the With the passage of this important legisla- dreds of young children lost a parent in the at- West Contra Costa Back-To-School Festival, tion, we will finally demand minimum Federal tacks, took it upon themselves to launch ‘‘Op- an annual event that brings together busi- standards for voter registration. H.R. 3295 eration Cuddles.’’ nesses and community organizations to pro- would also mandate minimum standards on With the help of several local organizations vide free school supplies, health screenings the equipment used to cast ballots, and the in Tennessee, these fourth-graders were able and community services to students attending procedure used to determine what is and is to collect over 500 stuffed animals and deliver schools in Contra Costa County. Last Sep- not a vote on every variety of voting machine them in person to children in need at a cere- tember, about 2,000 students and their par- used in this country. This will eliminate con- mony at the State House in New Jersey. ents benefitted from the event. Billy fondly fusing and contradictory local laws that made

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K13DE8.011 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2307 a mockery of the 2000 election’s Florida re- ognize that this bill is the best way to help rec- who know them best the flexibility to pursue count. This will establish standards that every tify the problems of the 2000 election, and en- the solutions that will decrease violence, drug State must meet for every Federal election. sure that debacle never occurs again. use, and other crimes that plague much of the Passage of this bill will also authorize $2.65 I urge a ‘‘yes’’ vote on H.R. 3295. Thank public housing in our nation today. I do not be- billion in funds to help meet these new high you Mr. Speaker and I yield back the balance lieve that Americans who need assistance with standards by replacing outdated voting equip- of my time. housing costs should be forced to live in fear. ment, and educate voters about the election f That is why I am introducing the HUD Hous- process. Of this money, $400 million is to help ing Security and Flexibility Act. This legislation States replace outdated and unreliable punch TRIBUTE TO WORLD WAR II FLY- would allow HUD to hire local law enforcement card voting systems, the antiquated system ING ACE, RICHARD WEST OF agencies for these purposes. It authorizes of- which led to the Florida turmoil, and another CHILLICOTHE, MO fices that receive or administer funds under ei- $2.25 billion is to help States improve their ther of the aforementioned programs to enter equipment, provide greater access to disabil- HON. SAM GRAVES into contracts with police departments and ities, better train poll workers, and educate OF MISSOURI other agencies. These contracts would be lim- voters about their rights. IN THE HOUSE OF REPRESENTATIVES ited to 3 years in length, and would be solely Although I support this bill as a good start for security, patrols, or other protective serv- Thursday, December 13, 2001 towards desperately needed reform, I recog- ices at HUD-owned or -assisted housing, nize that it does not solve all of our election Mr. GRAVES. Mr. Speaker, I rise today to Mr. Speaker, I feel that this legislation will difficulties. I am very disappointed that the pay tribute to World War II flying ace Richard go a long way toward eliminating crime in our Rules Committee did not make in order the West of Chillicothe, MO. A member of 35th public housing, and making Americans feel amendment offered by my good friends Mr. Squadron, 8th Fighter Group, 5th Air Force safer in their homes. I hope that the Congress MENENDEZ of New Jersey, Ms. DELAURO of stationed in the South Pacific, Richard shot will take up this important legislation during Connecticut, and Ms. JOHNSON of Texas. Their down 14 Japanese fighters during 1943 and the 107th Congress. amendment would have solved many of the 1944. He was one kill away from being a triple f ace. deficiencies contained in the bill, and make it SOCIAL SECURITY GUARANTEE Amazingly, in his 173 combat missions fly- more compatible with the bills currently being PLUS ACT OF 2001 considered in the Senate. ing PÐ40 Warhawks and PÐ38 Lightnings, Their amendment would mandate that the Richard saw air-to-air combat only eight times. voting authorities begin to inform voters of a However, one of those times he shot down HON. E. CLAY SHAW, JR. mistake in their ballot of voting for either too four planes, another time he shot down two OF FLORIDA few or too many candidates. Nearly 200,000 planes. IN THE HOUSE OF REPRESENTATIVES ballots were thrown out of the Florida Presi- Along with other American aces in the Thursday, December 13, 2001 dential ballot because of over or under count- South Pacific, West’s character became leg- Mr. SHAW. Mr. Speaker, today, I am intro- ing, and the technology to prevent this from endary as the ‘‘Samson of the Pacific’’. In the ducing the Social Security Guarantee Plus Act occurring again is available. We should be book, ‘‘Fighter Aces,’’ it is said that he refused of 2001 to save Social Security. I believe using it. to cut his hair until he downed his first Japa- strongly that we can and will work in a bipar- The amendment would also require accessi- nese plane. Richard also authored his own tisan manner to save Social Security, provided bility to alternative language voting for people book, ‘‘Three Songs and Other Poems,’’ a we choose to legislate for the next generation, with a limited grasp of English. This is a vital book depicting the drama of air-to-air combat. not the next election. issue to me because the people in my con- Richard West is a highly decorated war vet- Two-thirds of a century ago, Social Secu- gressional district, the Seventh District of New eran who helped shape the course of our Na- rity’s framers designed the program to meet York, are native speakers of over 70 different tion. He is a member of the ‘‘greatest genera- certain promises for the American people: the languages. These hard working American citi- tion’’ and deserves our respect and thanks. I promise of a safety net of financial security, zens are just as entitled to vote as everyone am proud to announce that on Saturday, Jan- the promise that all workers would be treated else and should not be intimidated by the uary 12, the Chillicothe Municipal Airport Ter- fairly, the promise that Social Security would electoral process—something every citizen minal Building will be named in his honor, a be owned by workers, for workers, and a pro- should hold dear. memorial long overdue. I thank Richard West gram that workers and their families could Beyond that, this amendment ensures that for his service to our country. count on should they retire, suffer disability, or the standards of the motor-voter law remain in f die. However our nation’s current demo- order, to ensure that States cannot purge peo- graphics and economics have changed, and ple from their rolls if they fall to vote in two INTRODUCING THE HUD HOUSING Social Security’s ability to continue meeting consecutive Federal elections. It requires pro- AND SECURITY FLEXIBILITY ACT these promises is threatened. The Social Se- visional ballots to be provided to voters miss- curity Guarantee Plus Act I introduce today ing from precinct registers, and notice be pro- HON. GENE GREEN will enable Social Security to continue keeping vided as to whether their residency was estab- OF TEXAS its promises. lished and their vote counted following Elec- IN THE HOUSE OF REPRESENTATIVES First, through this plan, the Social Security tion Day. The amendment ensures that na- Thursday, December 13, 2001 safety net is fully preserved. Promised bene- tional standards are maintained for error rates fits, including cost of living increases, are for voting machines, in addition to the other Mr. GREEN of Texas. Mr. Speaker, I would guaranteed for those already receiving retire- standards already established. like to call to the attention of the House an in- ment, survivors, and disability benefits, those Although the Rules Committee did not make novative program created by the Houston of- about to receive those benefits, and future this amendment in order, I believe it is vitally fice of the Department of Housing and Urban generations. important that these provisions be added to Development (HUD) in conjunction with local Second, the plan treats all workers fairly. any bill that becomes law. Nonetheless, I con- law enforcement agencies in the Houston Workers have paid into the system, it’s their tinue to support H.R. 3295, which is a very area. This program, utilizing grant money from money, and we must protect and enhance good step in the right direction and support its the Operation Safe Home program, hires off- their investment. It’s not fair to workers to passage today. But I hope that the Senate duty law enforcement officers to provide secu- raise their payroll taxes or lower their benefits. passes a bill containing all of these important rity and patrol housing complexes and apart- Nor is it fair for the government to tell workers provisions, and we are able to adopt it all in ments that are owned by or receive funds to work longer. I do not want to create another conference. from HUD. This program has been a great ‘‘notch.’’ That’s why my plan does not raise This bipartisan legislation has the endorse- success, and has made residents feet safer taxes, does not lower benefits, and does not ment of the National Commission on Federal and more secure in their homes. change the retirement age. Election Reform and its distinguished chair- Unfortunately, this program turned out to be Third, Social Security dollars belong to the men, former Presidents Carter and Ford. The too innovative. Although this initiative has workers that sent them here, therefore this National Conference of State Legislators and been an unqualified success, it turns out that plan gives workers a real ownership stake in the National Association of Secretaries of HUD did not have the authority to make these the program by allowing workers to choose to State, both of which will have to deal with its types of security decisions. I believe that we receive a tax cut to invest directly in safe, indi- mandates, have also endorsed it. They all rec- should allow our local communities and those vidually-selected, market investments. A new

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.059 pfrm04 PsN: E14PT1 E2308 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 nation of savers, not the government, will con- cial Security system to generate surplus cash nancial security for minorities. Finally, it states trol their retirement security. Should an indi- in the later part of the century, actually adding that any plan to save Social Security should vidual die before becoming eligible, the bal- black ink to the government’s bottom line. guarantee current law promised benefits, in- ance of their money will be passed along to Other plans may cost less because they cut cluding cost-of-living adjustments, for current their heirs. benefits or raise taxes. If your goal is to keep and future retirees, and should not increase Fourth, under my plan, Social Security can current benefits, boost women’s benefits, and taxes. My plan accomplishes all these objec- be counted on for the next 75 years, and be- return Social Security to financial independ- tives. yond. Real assets guarantee current and new ence, The Guarantee Plus Plan is the lowest- As the choices necessary to secure the fu- expanded benefits, not Government IOUs, es- cost proposal to date. My plan uses general ture of Social Security become more clear in tablishing a sound and sustainable financial revenues to fund the accounts. Even assum- the coming weeks and months, I want Amer- footing. There will be no more need to in- ing borrowing for a transitional period, my plan ica to know my choices for how to strengthen crease taxes or lower benefits every few years pays back every borrowed dollar plus interest and improve Social Security for the next 75 to keep the program working. within the 75-year evaluation period. Not only years and beyond. I choose: Beyond keeping these promises, we must do we pay off the mortgage on Social Secu- No to privatizing; yes to securing Social Se- do more to further improve Social Security for rity, we leave workers with substantial account curity as we know it. the women of our nation. Because of their balances and the federal government with ex- No to lowering benefits or increasing taxes; longer life expectancies and lower earnings, cess cash. yes to benefit guarantees. women are more likely to suffer poverty in old President Bush has shown true leadership No to more government IOUs; yes to real age and therefore heavily depend on Social by setting out principles for reform. The Guar- savings through voluntary personal savings Security’s vital safety net. In addition, because antee Plus Plan meets or exceeds all of these accounts. benefits are based on earnings, women are principles. No to government investment; yes to worker penalized when they choose to stay home to Principle #1: Modernization must not change choice and worker-controlled investing in safe, raise their children. The Guarantee Plus Plan Social Security benefits for retirees or near re- market investments. increases protection for women, not only by tirees. My plan exceeds this principle, because No to program bankruptcy and burdening securing the future of the current Social Secu- it preserves and guarantees benefits for all our children with debt into years unknown; yes rity and guaranteeing full benefits, including workers and retirees. In fact, my plan im- to a solvent, debt-free Social Security pro- cost-of-living adjustments, but also by enhanc- proves benefits for everybody. gram. ing benefits for widows, divorced spouses, and Principle #2: The entire Social Security sur- Stepping up to the challenge and finding a working mothers. These benefits become plus must be dedicated to Social Security solution is the ‘‘American’’ way; ignoring it is available immediately in my bill. only. For the first time available Social Secu- not. Those who truly want to keep Social Se- Congressman WALTER JONES (NCÐ03) said rity surpluses will be used to benefit Social curity’s promises must do more than just stand ‘‘we, as members of Congress, have a duty to Security directly. on the sidelines—they must offer their own our seniors to ensure their retirement security Principle #3: Social Security payroll taxes workable proposal to fix Social Security’s fi- will not be jeopardized.’’ I couldn’t agree more. must not be increased. My plan does not ever nances. Those who only criticize the difficult Therefore, the bill includes a provision, similar raise payroll taxes. In fact, my plan creates and candid choices of people giving purpose- to that introduced by my friend WALTER JONES, long-term savings that could potentially allow a ful thought towards saving Social Security where each beneficiary will receive a legally payroll tax decrease. have no place in this serious debate. We must work together to build on the Suc- enforceable certificate guaranteeing his or her Principle #4: The government must not in- cess of the past to make a strengthened So- benefits. vest Social Security funds in the stock market. Here’s how the Social Security Guarantee My plan allows workers, not the government, cial Security system an asset to all and not a Plus Plan works. The plan guarantees full, to invest account contributions in safe, sound liability to our children and grandchildren. promised, current law benefits for all workers, investment choices. f whether you are 6 or 65. Just as companies Principle #5: Modernization must preserve IN TRIBUTE TO LORENZO BOOKER must back your pension plan with real assets, Social Security’s disability and survivors com- the Guarantee Plus Plan saves Social Security ponents. My plan does not alter Social Secu- HON. ELTON GALLEGLY rity disability and survivor benefits in any way, by setting aside real assets, not IOUs, to pre- OF CALIFORNIA fund benefits. These assets are saved in each except to increase guaranteed benefits for sur- IN THE HOUSE OF REPRESENTATIVES worker’s own account, thereby providing work- vivors and to increase income security for indi- ers the opportunity to create real wealth for viduals with disabilities, who keep 5% of their Thursday, December 13, 2001 themselves and their families. account in addition to full, guaranteed benefits. Mr. GALLEGLY. Mr. Speaker, I rise in trib- Workers who choose to participate will re- Principle #6: Modernization must include in- ute to a young man whose name I predict we ceive a refundable credit of 2Ð3% of their dividually controlled, voluntary personal retire- will hear for many years to come: Lorenzo earnings to establish their own Social Security ment accounts, which will augment the Social Booker, a high school running back from my Guarantee Account. Workers, not the govern- Security safety net. My plan provides workers district who has been named the 2001 ment, would select where to invest their Guar- all opportunity to voluntarily participate in per- Gatorade National High School Football Player antee Account funds. The assets in these ac- sonal accounts that they own and control with- of the Year. counts would grow tax-free. No withdrawals out individual investment risk. These accounts Mr. Booker was chosen for this national would be permitted until a worker starts re- ensure Social Security will be able to pay cur- honor from more than I million male high ceiving benefits to ensure that the money is rent law benefits for all workers for 75 years school football players by the Gatorade Com- preserved for retirement. and beyond. pany and Coach and Athletic Director maga- At retirement or when the worker becomes The President also convened a bipartisan zine. He joins a prestigious list of previous disabled, a portion of the Guarantee Account Commission to issue recommendations for winners, including Emmitt Smith of the Dallas is paid directly to the worker and the rest is strengthening and modernizing Social Secu- Cowboys and Peyton Manning of the Indian- used to help pay full, guaranteed Social Secu- rity. Later this month, we will see the Commis- apolis Colts. rity benefits. But that’s not all. sion’s final report, and our nation will embark During Mr. Booker’s three seasons at St. My plan also includes much needed im- on further debate regarding the future of this Bonaventure High School in Ventura, Cali- provements in benefits for widows, divorced great program. fornia, he broke four California state records women, working women caring for young chil- Just yesterday, the House overwhelmingly and helped his team achieve an impressive dren, and women with work not covered under passed a resolution that summarized what ac- 42Ð0 record and three CIFÐSouthern Section Social Security. My plan also eliminates the tions we, as Members of Congress, should Division XI championships. His records are: retirement earnings penalty for all workers age take in saving Social Security. This resolution 8,501 rushing yards, 882 points, 137 touch- 62 and older. clearly states that we should join with the downs, and 131 touchdown runs. He averaged The Guarantee Plus Plan does all this and President in saving Social Security as soon as 11.23 yards per carry. pays for itself over the seventy five-year actu- possible. It also states that any plan to save In his final high school game, he ran for 232 arial period, and that’s confirmed by the Social Social Security should recognize the obstacles yards and scored five touchdowns. His speed, Security Administration’s Office of the Actuary. women face in securing financial stability at strength and elusiveness have led to compari- Even under the most conservative estimates, retirement, the critical role Social Security sons with the likes of Barry Sanders, O.J. the Guarantee Plus Plan allows the new So- plays in preventing poverty and providing fi- Simpson, Marshall Faulk and Gale Sayers.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.063 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2309 Mr. Booker and fellow teammate James international brothers and sisters to the best of retirement from the faculty of my alma mater. Bonelli have been named to the U.S. Army his abilities are the reasons we honor him The College of Education and the Department All-American Bowl on January 5, 2002, at today. Yet these obligations do not curtail his of Counselor Education at San Jose« State Alamo Stadium in San Antonio, Texas. On the involvement with those who have supported University will gather together to pay tribute to day before the game, the Ken Hall Player of him in these endeavors. The Clifft family Dr. Johnson for his 32 years of dedicated the Year trophy will be awarded. Mr. Booker is should also receive some of the praise offered service to the Counselor Education program a finalist. He also is a finalist for the USA today. His wife, his five children, and his ten and to the betterment of our community and Today Offensive Player of the Year and the grandchildren have selflessly shared this man public schools. High School Heisman. with our community and they are also deserv- Dr. Gary Johnson has been a leader in the Obviously a leader on the field, Mr. Booker ing of our gratitude. design and implementation of the graduate also has been described as a leader off the On this special day, I offer my heartfelt con- program in the Department of Counselor Edu- field, and as a gentleman who is proud and gratulations to Michael Clifft. His large circle of cation at the College of Education at San Jose« confident but who treats everyone as his family and friends can be proud of the con- State University since 1969. He has served as equal. tributions this prominent individual has made. a faculty member, program director, and divi- Not surprisingly, Mr. Booker is considered His work in the labor movement provided sion chairperson. In these capacities, he has by many to be the top college recruit in the union workers in Northwest Indiana opportuni- motivated and inspired students from diverse country. Ironically, Mr. Booker is in no rush: ties that might have remained undiscovered. backgrounds to maximize their individual po- He says he’ll make a decision when he wakes Mr. Clifft’s contributions kept the labor force tential for the good of our collective commu- up on National Signing Day, February 5. strong and his loyalty and sincerity embody all nities. Wherever he goes, college football fans will that is admirable in America’s workforce. I sin- Since 1957, the innovative Graduate De- quickly learn what California high school fans cerely wish Michael Clifft a long, happy, and partment of Counselor Education has trained already know: Lorenzo Booker is a winner. productive retirement. and graduated over 2,000 diverse professionals. It has maintained a recruitment and Mr. Speaker, I know my colleagues will join f me in congratulating Lorenzo Booker for a training emphasis focusing on cross-cultural very successful and impressive high school TRIBUTE TO MR. MARTIN MURPHY issues, community partnerships, career life- football career and in wishing him the best as span development, non-traditional counseling he dodges and weaves into the next chapter. HON. JAMES A. TRAFICANT, JR. services, and historically under-represented student populations since 1970. Starting in f OF OHIO 1978, the department has supported a bilin- TRIBUTE TO MICHAEL CLIFFT IN THE HOUSE OF REPRESENTATIVES gual emphasis in its students, a bilingual ca- Thursday, December 13, 2001 pability in its faculty, and a cross-cultural em- HON. PETER J. VISCLOSKY Mr. TRAFICANT. Mr. Speaker, I would like phasis in its curriculum delivery. Many students have chosen Counselor Edu- OF INDIANA to pay tribute to Mr. Martin Murphy. Mr. Mur- cation as the field in which to re-enter their IN THE HOUSE OF REPRESENTATIVES phy resides in Youngstown, Ohio and is a long-time U.S. History and Civics teacher at university studies, receiving their Masters De- Thursday, December 13, 2001 Chaney High School. grees and going on to pursue successful ca- Mr. VISCLOSKY. Mr. Speaker, it gives me For years, Mr. Murphy has worked to pro- reers in private industry, education, and com- great pleasure to pay tribute to an outstanding mote the traditions and institutions of the munity organizations. Many Counselor Edu- citizen of Indiana’s First Congressional District, United States to the children of Youngstown. cation graduates have pursued leadership Michael Clifft. On November 30, 2001, Mi- He has provided students with the opportunity roles as school administrators and educational chael, along with his family and friends, cele- to meet veterans and hear their stories. He reformers. The professional work of these indi- brated his retirement from the International has taught the students the importance of viduals is a testimony to the invaluable work of Brotherhood of Boilermakers Local Union 374 celebrating our liberties by holding ceremonies Dr. Johnson’s long and distinguished career. after more than 35 years of dedicated service. around the flagpole and at cemeteries for Along with so many others, I take this oppor- We in Northwest Indiana applaud Mr. Clifft’s those that gave their lives to ensure our free- tunity to commend Dr. Gary Johnson for his achievements thus far. At the young age of dom. He has taken students to African Amer- outstanding contributions to the Graduate De- 23, he was initiated into the International ican History and Voice of America competi- partment of Counselor Education at San Brotherhood of Boilermakers, an event that tions, which test their democratic values and Josee« State University, and his outstanding marked his entry into a productive career in beliefs. contributions to my life and my professional this field. A native Oklahoman, he joined our Recently, Mr. Murphy was nominated as development and career. community in 1968 when he was transferred Teacher of the Year for the Veterans of For- f to Local 374 in Hammond, Indiana. His sense eign Wars. INTRODUCTION OF H.R. 3484, THE of dedication and professionalism that was I would like to thank Mr. Martin Murphy for PROMPT UTILIZATION OF WIRE- formed in the Heartland came to fruition in dedicating many invaluable years to our young LESS SPECTRUM ACT OF 2001 Northwest Indiana with his many positive con- people. It takes a special person to teach tributions in our community. We often seek in them the significance of the freedoms that traditions a reflection of American ideals: reli- Americans are so fortunate to have. HON. F. JAMES SENSENBRENNER, JR. OF WISCONSIN ability, loyalty, and an unwavering commitment f to a strong work ethic. The Clifft family yields IN THE HOUSE OF REPRESENTATIVES to us all an example of uncompromising dedi- HONORING PROFESSOR GARY Thursday, December 13, 2001 cation to this ethic—his father before him and JOHNSON Mr. SENSENBRENNER. Mr. Speaker, I am his daughter after him are both distinguished pleased to be an original cosponsor of H.R. Boilermakers. Mr. Clifft has provided the con- HON. MICHAEL M. HONDA 3484, the Prompt Utilization of Wireless Spec- stituents of the First Congressional District OF CALIFORNIA trum Act of 2001. The bill’s title aptly de- with a positive standard after which they can IN THE HOUSE OF REPRESENTATIVES scribes the critical need for this legislation to model themselves. Thursday, December 13, 2001 turn wireless spectrum, which has been tied As a testament to his dedication to the Inter- up in litigation for years, into a useful, per- national Brotherhood of Boilermakers, Mr. Mr. HONDA. Mr. Speaker, I rise today to forming asset for the American people. Clifft was appointed to the position of Assist- honor an old and dear friend of mine, Dr. Gary For some five years, these personal com- ant Business Manager of Local 374 in 1995. Johnson. Dr. Johnson was instrumental in munication services spectrum licenses have For the six years he served in this position, he helping me become who I am today. As my been the subject of a contentious dispute be- represented Local 374 with the same integrity advisor in the San Jose« State University tween the original licensee, an entity known as that he has devoted to his career, his family, Counselor Education program, he helped me NextWave, and the Federal Communications and his friends. develop the sense of mediation and personal Commission, regarding their rightful owner- With his induction into the International interactions which are so important in the work ship. Brotherhood of Boilermakers, Mr. Clifft be- I do as a Member of Congress. This Friday In 1993, the Communications Act of 1934 came a member of a family of professionals evening, December 14, 2001, Dr. Johnson will was amended to permit the FCC to sell li- that spans the globe. His efforts to serve his be honored at a celebration of his impending censes and construction permits through a

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.067 pfrm04 PsN: E14PT1 E2310 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 competitive bidding process and allow the suc- A WIDENING WINDOW OF OPPOR- tization concerns. Action on these issues will cessful bidders to pay for their licenses in in- TUNITY FOR WASHINGTON AND provide the foundation necessary for a natural stallments. Pursuant to this authorization, auc- HAVANA TO CONSTRUCTIVELY evolution in the development of constructive tions of certain licenses were held in 1996. ENGAGE relations. As such, COHA researcher NextWave successfully bid approximately $4.7 McCarthy’s article is of great relevance since billion for a substantial block of these licenses. HON. CHARLES B. RANGEL the effort to constructively engage Cuba is Subsequently, however, the market value of OF NEW YORK likely to grow in importance in the coming these licenses became depressed in response IN THE HOUSE OF REPRESENTATIVES months. to various events, which in turn, adversely im- Thursday, December 13, 2001 A WIDENING WINDOW OF OPPORTUNITY FOR pacted the ability of some licensees to obtain WASHINGTON AND HAVANA TO CONSTRUC- funding for their purchases and operations. Mr. RANGEL. Mr. Speaker. With the bipar- TIVELY ENGAGE tisan momentum for the abrogation of the U.S. After making an initial payment of approxi- Possibly marking a watershed moment in mately $500 million, NextWave failed to obtain trade embargo against Cuba gaining steam, U.S.-Cuban relations, Washington broke its financing for the balance it owed to the gov- along with the recent courteous diplomatic ex- four decade-long history of obdurately ernment and filed for bankruptcy relief under change between the State Department and naysaying any move in favor of a construc- Chapter 11 of the Bankruptcy Code in 1998. Havana and the subsequent trade initiative tive relationship with Havana—even if that It thereafter made no other payments to the that was struck between U.S. agricultural means denying assistance to Cuban civilians FCC for the licenses. Eventually, 20 other li- groups and Cuba’s Foreign Trade Ministry, caught up in heart-wrenching natural calam- ities—when a U.S. administration, for the censees also filed for bankruptcy relief under such development should be of great interest to those in this country who have long been first time, decided to facilitate Havana’s Chapter 11. multimillion dollar purchase of lumber, Extensive litigation over NextWave’s li- concerned with the course of U.S.-Cuba rela- corn, wheat, rice, soy and medical products censes dragged on for several years. The tions. These two long time foes seem to be to help Cuba restock its reserves of essen- FCC ultimately canceled the licenses and re- exercising a newfound flexibility that could tials seriously depleted by hurricane auctioned them in January of this year, with evolve into normalized relations between Michelle. The hurricane was the worst storm winning bids of nearly $16 billion. Neverthe- Washington and Havana. to hit the island in a half a century, causing less, the United States Court of Appeals for Michael Marx McCarthy, Research Asso- millions of dollars in damage to Cuba’s sugar the District of Columbia subsequently found ciate at the Washington-based Council on and citrus crops, as well as infrastructure Hemispheric Affairs (COHA), has recently au- losses and adverse effects to its tourist in- the FCC’s cancellation of the licenses violated dustry. the Bankruptcy Code and thereby rendering thored an article of considerable importance The delivery of such goods, initially called their reauction null and void. entitled, A Widening Window of Opportunity for by Castro to take place aboard Cuban In an effort to resolve the various issues for Washington and Havana to Constructively vessels, will instead be carried out by U.S. or presented by the disputed ownership of these Engage, some of which appeared in a recent third-country vessels, marking a major con- licenses, the FCC, NextWave and certain issue of the organization’s estimable biweekly cession on Havana’s part. This unfolding sce- other interested parties have entered into a publication, the Washington Report on the nario might provide the basis for how a new- comprehensive settlement agreement late last Hemisphere. McCarthy’s article examines the found flexibility can build significant mo- polite exchange that transpired after Hurricane mentum in favor of a constructive engage- month. The agreement provides, in essence, ment. for the transfer of the licenses by NextWave to Michelle rained hundreds of millions of dollars Because the unprecedented agreement falls the FCC, which in turn will convey them to the of destruction on Cuba, and closely analyzes within the existing parameters of the U.S. successful reauction bidders. In exchange for how the White House’s expediting of Havana’s embargo, the arrangement presented a deli- agreeing to transfer the licenses, NextWave cash purchase of U.S. foodstuffs could estab- cate political issue for Havana to ration- will receive a cash payment from the United lish a diplomatic framework and a new mood alize. Last year, the Cuban president swore States government (in addition to which the which could lead to the restoration of regular to never purchase American goods under the government will make a cash payment directly political and economic ties. There is some White House’s terms, after legislation to os- possibility that, if we are lucky, this develop- tensibly liberalize the embargo was hijacked to the IRS on behalf of NextWave). As the re- by ultra conservative members of congress sult of these transactions and certain related ment could engender further constructive dis- intent on eliminating any U.S. financing of payments, the United States will receive ap- cussion and congressional action on the sta- exports to the island. Despite its heated dis- proximately $10 billion as net proceeds from tus of the archaic U.S. trade embargo that agreement with the embargo, Havana’s deci- the settlement. Washington slapped on Havana in 1962. sion to live with the formula for the present In response to certain concerns expressed Additionally, considering the UN General purchase indicates the gravity of the eco- with regard to the settlement agreement, the Assembly’s 10th consecutive overwhelming nomic situation and Castro’s ability to learn Subcommittee on Commercial and Administra- vote in favor of ending the U.S. trade embar- new tricks by accepting Washington’s good- tive Law and the Subcommittee on the Courts, go, and the mounting pressure from agricul- will gesture at face value. What remains to tural and business groups in this country to be seen, however, is whether this episode will the Internet, and Intellectual Property of the morph into a more substantive and broad- Committee on the Judiciary held a Joint hear- open the Cuban market to U.S. farm and in- ened diplomatic discussion on such bilateral ing last week on this matter. Over the course dustry products, now may be the time for issues as navigation, air space, refugees and of that hearing, various issues presented by some of my colleagues to harmonize with the drug interdiction, or if it is merely a one- the settlement agreement and proposed legis- rest of the world’s public opinion and join with shot arrangement which will go nowhere. lation were closely scrutinized, particularly me in revising a failed policy that already has THE GOOD SAMARITAN those provisions requiring expedited judicial cost us dearly in reputation and in economic The White House, acting out of a ‘‘humani- review and limiting the venue of certain ap- opportunities. tarian need context,’’ played an active role peals. Furthermore, as the Castro government is in clearing a major hurdle to the deal by ex- Largely as a result of that hearing and ex- reaching its natural end, the U.S. should want pediting the Commerce Department’s tensive consultations with the interested par- to build upon the recent discussions to bring issuance of the licenses necessary for Amer- ties, I am now confident that the settlement about a watershed in these two neighbors’ ican companies to sell and deliver to Havana. ties. To allow this positive momentum to re- This was done after Havana had, with re- agreement is in the best interest of the public spect, turned down an earlier offer of assist- and the national fisc, under the circumstances. lapse would be a grievous error. The Cuban ance which would have to go through inter- H.R. 3484, the Prompt Utilization of Wire- government and people are aware that a ma- mediaries and not involve any Cuban govern- less Spectrum Act of 2001 ensures that the jority of U.S. legislators and citizens desire ment agency. On the surface, the signifi- settlement agreement will be implemented friendly relations. To ensure that a peaceful cance of the initiative is a more modest with the ultimate goal of making these tele- transition of power follows the Castro govern- version of Nixon’s opening to China in 1973, communications licenses available to those ment’s end, U.S. officials should not relent on but presents a widening window of oppor- who will best utilize them for the American efforts to engage Cuba now. ln fact, U.S. offi- tunity that could initiate a deepening and people. cials need to consider widening their humani- broadening of a dialogue between the two long-time foes. Conceivably, the process Given the time constraints implicit in the tarian initiative by addressing basic bilateral could spur preliminary discussions that pending settlement agreement and the need issues, such as drug interdiction, laws of the could end up phasing out the outmoded 40 to tree up these licenses as soon as possible, sea, refugee and air space questions, as well year-old U.S. economic embargo against the it is my hope that Congress will promptly con- as a broad range of economic, terrorism, island, something that a majority of Ameri- sider and pass H.R. 3484. trade, human rights observance and democra- cans appear to want.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.071 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2311 In fact, in this latest round of hurricane di- American supplies should help in short-term however, is the rising profile of the anti-em- plomacy, Cuba’s foreign minister expressed relief efforts. More importantly, however, bargo campaign by various U.S. farm inter- optimism regarding recent developments, the arrangement could set an important est groups as well as a broad range of multi- calling for the U.S. to terminate its stepped- precedent for future trade, as Havana would nationals and the legislators representing up restrictions on travel to the island and prefer to reduce shipping costs on imported them, who are insisting that trade links with pronouncing Havana ready for normalized re- goods, which in some cases have had to trav- Cuba be extended in order to facilitate lations with Washington. As of now, accord- el from as far as Vietnam, by instead pur- American exports to the island. On Novem- ing to the State Department, the diplomatic chasing from a neighbor only 90 miles away. ber 15, the Senate Agricultural Committee exchange associated with the sale (which was It is estimated that Cuba now spends be- passed its funding measure, which permits in cash, with the purchaser being the Cuban tween $700 million and $1 billion on pur- federal financing of agricultural exports to Foreign Trade Ministry) is over and it is up chasing foodstuffs from U.S. competitors in Cuba, a bill that would establish a direct on- to U.S. companies and Havana to seal the Asia, Argentina and France, among others. going economic link between Washington deal. Cuban authorities already are in con- Much of that amount, U.S. suppliers passion- and Havana. In the absence of such permis- tact with 15 agro-industrial companies and 15 ately believe, could be in their hands if reg- sive legislation, there was no such financing firms that produce medical supplies or phar- ular sales between the two nations were per- involved in the Hurricane Michelle sale to maceuticals. The first actual deal between mitted. Cuba. A delegation from the USA Rice Fed- U.S. food companies and Cuba was completed Castro derided the embargo as an act of eration, which represents a majority of the on November 22 in Havana and was emotion- economic imperialism, unjustly denying Cu- nation’s rice farmers, recently returned from ally hailed as an extraordinary historical bans vital food and medical imports. While a Havana International Trade Fair, marking moment by an official from Riceland Foods. Washington’s present move could prove to be the first official visit of a U.S. trade group to The rice will be picked up by Cuban vessels a powerful political tonic for Castro and al- such an event in nearly four decades. Upon flying third country flags from the port of most inevitably will lift his prestige, the de- their return from Havana, USA Rice officials New Orleans in December and January. livery of U.S. goods (possibly even on U.S. announced their support of the State Depart- Cuba, for the record, stated that the pur- vessels) to Cuban docks will attract positive ment’s hurricane relief effort and the Agri- chase is a one-time arrangement that does international press coverage for the White cultural Committee’s vote on federal financ- not alter its fundamental opposition to the House. The Bush administration will at least ing, as well as their serious interest in gain- terms of the U.S. trade embargo. be an equal beneficiary of worldwide praise ing access for U.S. rice farmers to Cuba’s bil- POLITE EXCHANGE SETS TONE FOR AGREEMENT since it has been U.S. policy towards Cuba, lion dollar produce purchasing market. The genesis of the truly important agree- and not the Castro regime, which has been THE LESSON OF HURRICANE LILI ment can be attributed to the natural calam- discredited and isolated. In the past, Washington has been ity that ravaged 45,000 homes on the island For Washington, the political motivation unyielding when it came to providing any nation, attracted international attention to for its change of policy on hurricane relief is form of disaster relief to Cuba if it was as- Cuba’s pressing need for humanitarian as- difficult to precisely track. Previously, the saulted by a natural calamity. In 1996, when Bush administration sent Havana an inflam- sistance and helped produce an unusually Hurricane Lili leveled thousands of struc- matory signal by nominating Otto Reich—an civil diplomatic exchange between Wash- tures on the island, the only U.S. relief effort anti-Castro Cold War extremist who was te- ington and Havana. The State Department, came from one Miami-based Catholic Char- naciously supported by the far right leader- in a dramatic shift from its past policy of ities group. Historically, Miami exile polem- ship of the Miami Cuban-American commu- total intransigence on the issue of Cuba ics shaped the debate over Cuba, automati- nity—to the State Department’s top Latin qualifying for U.S. disaster relief, initiated cally ruling the country out from receiving American policymaking post. The food and the discussions by publicly offering hurri- any U.S. assistance. This obstacle still medicine deal, however, sends a constructive cane relief aid to Cuba. Shortly thereafter, plagues efforts at constructively engaging message to Cuba. Although the move has not Havana responded to the U.S. tender in a Cuba today. been explained beyond its obvious humani- In 1996, militant anti-Castro forces argued manner devoid of its usual bitter bite, tarian purpose, it is without question that once again that assistance sent to the island thanking Washington for its kind gesture, the recent sale is in the interest of Cuban de- would never reach those most in need and but requesting that the Cuban government mocratization and could signify that Sec- would end up in the hands of Castro officials, be allowed to have direct access for pur- retary of State Powell desires to generate a where the goods would be used to strengthen chasing U.S. medical supplies and food and constructive dialogue with Havana. a despised dictatorship. Some Cuban-Ameri- arranging for its delivery. Until the State Department made its sur- cans fear that sending aid would signify an POLITICAL FALLOUT prising move on hurricane relief, the dec- ideological decision, not a humanitarian ges- The surprisingly new, almost amicable, ades-long schism between the two nations ture. In the absence of such assistance, aid tone in their discussions suggests that the had been, if anything, worsening. Formu- sent family-to-family as a permitted remit- beginning of a de´tente might be possible lating a new, positive diplomatic posture tance would have to do the job, but it would down the road. Such a development could could prove useful to the two nations as the not be sufficient in terms of total volume. prove to be politically beneficial for both Castro era approaches its natural end. To en- That is why skeptics on this issue should re- Washington and Havana. Bona fide dialogue, sure that a peaceful transition of power will consider and view Washington’s recent step beginning at a relatively low diplomatic be the paramount goal of U.S. policy makers, as an astute decision that shuns the sterile level, which would focus on chipping away at Washington must not go back on its con- responses inexorably made by all White the four decade-old and anachronistic trade structive posture. Even the most basic diplo- Houses dating back to the Kennedy era. embargo, rather than seeking its abrogation matic ties will prove helpful in avoiding a Furthermore, the State Department’s in one major step, would follow a realistic bellicose struggle over the succession of monitoring of the 1996 church donation to scenario. The fact is that aside from the leadership on the island that would inevi- Caritas, the Cuban equivalent of Catholic more ultra right-wing members of the Miami tably affect the U.S. mainland. In fact, the Charities, concluded that such aid had in Cuban-American community, and a handful two nations would be wise to widen the agen- fact reached its intended destination. Iron- of highly conservative legislators, support da of issues to be discussed to include the es- ically, this little-recalled episode might have for the embargo rapidly has been withering tablishment of cooperative initiatives on established a platform of trust between the away. Many in the U.S. business, religious, drug interdiction, laws of the sea, refugee State Department and Havana and encour- academic and agricultural sectors, as well as and air space jurisdiction as well as a broad aged U.S. officials to immediately intercede some of the most prominent cold war policy range of economic, terrorism, trade, human after Michelle rained its destruction. makers from the Reagan era, oppose the out- rights observance and democratization con- TOWARDS RESTORED TIES dated embargo. In fact, advocates of the em- cerns. Despite the deep-rooted prevailing mis- bargo have been overtaken by the recent MOVE CONSONANT WITH RECENT TREND TO trust between the two capitals, Washington hurricane food aid purchase and are now on LIBERALIZE AND DISPENSE WITH EMBARGO would be wise to follow Havana’s lead in ex- the fringe of the U.S. political process. The humanitarian food and medicine relief pressing its interest in expanding its present Miami’s Cuban exile leadership, now politi- agreement comes at an interesting time in minimal ties. Washington should view the cally facing a dead end, would do well to as- the ongoing congressional debate on Cuba. successful 1996 shipment of aid, the Senate sess the changing dynamics of U.S.-Cuban re- For the past two years the Florida delega- Agricultural Committee’s recent key vote, lations. In reality, the agreement on the pur- tion on the Hill has lost much of its influ- USA Rice’s scouting of trade opportunities chase of essentials gives a marginal boost for ence on issues pertaining to Cuba. The House on the island, the Bush administration’s the Castro government just when it was voted to repeal the travel ban and measures intervention on behalf of the cash purchase, going through hard times due to the world- to abrogate the entire embargo failed by rel- Havana’s decision to let the goods be deliv- wide economic slowdown. The Cuban econ- atively small margins. Several weeks ago, ered by U.S. or third-country vessels, and the omy, already weakened by the recent region- however, the Senate decided not to act on positive tone of the recent diplomatic ex- wide reduction in tourism from EU and Can- the controversial Cuba travel ban repeal, a changes between the two nations as the ada, particularly resulting from the reper- move which was perceived to have pleased a foundation for initiating talks that could cussions of September 11, faced the prospect White House loath to appear soft on Cuba. produce the critical mass necessary for the of a major financial crisis considering the Of greatest importance in the present development of positive relations in the magnitude of Michelle’s destruction. The trend towards more normalized relations, coming months.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.074 pfrm04 PsN: E14PT1 E2312 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 IN MEMORY OF PETTY OFFICER cense Policy Act of 2001, and I am hopeful nity of Ignacio, Colorado. J. Paul comes from FIRST CLASS VINCENT E. we, can pass this bill into law this year before a long line of dedicated community activists, PARKER, UNITED STATES NAVY we adjourn. following in the footsteps of his parents, Casey After months of negotiation in this matter, I and Jean, who have recently passed a mile- HON. CHARLES W. ‘‘CHIP’’ PICKERING am glad we have a deal that represents a win stone of their own by celebrating their 50th OF MISSISSIPPI for everyone. It benefits the government by wedding anniversary this year. His own dedi- IN THE HOUSE OF REPRESENTATIVES providing ten billion dollars in revenues to our cation to the community is amazing when one Treasury. It benefits the original license holder Thursday, December 13, 2001 considers he has raised a family of four along by preserving the benefit of the bargain it had with his wonderful Debbie, during his service Mr. PICKERING. Mr. Speaker, today I rise originally negotiated. It benefits our bankruptcy to the people of Ignacio and the State of Colo- before the House of Representatives to honor code, by preserving the doctrine of the stay rado. Please continue your service to the com- the life of an outstanding American, Vincent E. and the power of the courts to enforce it, even munity J. Paul and good luck in your future Parker. United States Navy Petty Officer First against the government. And it benefits con- endeavors. Class Vincent E. Parker is originally from sumers by permitting the spectrum to come on f Preston, Mississippi. Tragically, Petty Officer the market as soon as possible, fostering Parker was lost on Sunday morning, Novem- much needed competition. DEPARTMENT OF VETERANS AF- ber 18, 2001, along with one of his shipmates, In a very real sense we have reached this FAIRS HEALTH CARE PROGRAMS Petty Officer Third Class Benjamin Johnson point because of the interest and involvement ENHANCEMENT ACT OF 2001 while serving his country in the Persian Gulf. of the Judiciary Committee. When the Federal Vincent Parker, noted for his devotion to Communications Commission was seeking to SPEECH OF God and country, grew up in rural eastern unilaterally take away NextWave’s spectrum HON. JERRY MORAN Mississippi. He attended Macon Elementary assets, in violation of the automatic stay, this OF KANSAS School and graduated from Nanih Waiya High Committee weighed in to preserve the integrity IN THE HOUSE OF REPRESENTATIVES School in Louisville. He was a devout member of the bankruptcy code. The FCC was unable of the Assembly of God Church in Columbus, to ram their legislation through and the parties, Tuesday, December 11, 2001 Mississippi, and he grew up in a loving, well- to their credit, continued negotiating. Mr. MORAN of Kansas. Mr. Speaker, I want respected family with five siblings. I am hopeful that this bill will serve as a to thank Chairman Chris Smith for his leader- Like his brother John, he enlisted in the precedent for achieving settlements for other ship this year. Our new Chairman of the Vet- Navy upon graduation from high school. He similarly impacted parties. For example, I erans Affairs Committee has served our Vet- successfully climbed the ladder as an enlisted would note that Urban Communicators PCS erans well. man and was rated as an Engineman First LP, a minority owned enterprise, has also filed I am proud of the bill now before the House, Class Petty Officer. He was serving onboard for bankruptcy and been engaged in a dispute H.R. 3447. It is a compromise that was the USS Peterson. This deployment was to be with the FCC over spectrum rights. I would achieved over several months by the House his last, completing a successful career in the urge the FCC and the Congress to take up and Senate Veterans Affairs Committees. It Navy. His mission on November 18th was to their case on an expedited schedule as well. contains measures from the health care bill enforce the United Nations sanctions imposed f that I introduced earlier this year, H.R. 2792, upon Iraq following the Gulf War. He boarded as well as proposals from a number of Senate Samra, a ship believed to be smuggling oil for PAYING TRIBUTE TO J. PAUL BROWN bills. This bill will provide veterans greater Saddam Hussein. confidence in their health care system, along Mr. Speaker, I want to pay tribute to Petty with higher accountability for the VA. Officer Vincent Parker for his 19 years of serv- HON. SCOTT McINNIS Important Provisions of this bill: ice to the United States of America and the OF COLORADO Enables VA nurses to pursue advanced de- United States Navy. He is also to be com- IN THE HOUSE OF REPRESENTATIVES grees while continuing to care for veterans. mended for his life-long devotion as a son, Thursday, December 13, 2001 This aids recruitment and retention of nurses husband, brother, father and citizen. Petty Of- Mr. MCINNIS. Mr. Speaker, I would like to within the VA health care system, and pro- ficer Parker is survived by his parents, Mr. and take this opportunity to recognize J.Paul motes higher quality of care for veterans. Mrs. Glenn D. Parker Jr. He is survived by his Brown for his contributions to the community Mandates Saturday premium pay to certain wife, Charlotte, and their two children, Vincent of Ignacio, Colorado. J. Paul’s civic involve- VA patient care staff, such as licensed voca- Jr. (age fourteen) and Rachel (age twelve). He ment in the community spans over twenty tional nurses, pharmacists, and respiratory, leaves behind his sister Ruth Marie, and his years and involves the areas of agriculture, physical, and occupational therapists. This four brothers, Glenn, Andy, Steven, and John. education, planning, and economic growth. I provision will ensure that the VA remains com- Vincent was known onboard the Peterson am proud to recognize him for his hard work petitive with other providers. not only for his Naval leadership, but also for and dedication in the following achievements. Requires the VA to develop a nationwide the example he set as a citizen and man of J. Paul graduated from New Mexico State policy on health care staffing to promote safe God. He was simply known as ‘‘Butch’’ to his University with honors in 1975. In that same and high quality care for veterans. friends. He enjoyed the simple pleasures in year, J. Paul became a rancher and entered Establishes a 12-member National Commis- life such as family and deer hunting. He will the cattle and sheep market, a business he sion on VA Nursing that would enhance the most be remembered for his devotion to God, still runs today. In 1978, he began his civic recruitment and retention of VA nurses and country, and family. service and was elected to the La Plata Coun- strengthen the nursing profession in the VA Mr. Speaker, I ask our colleagues to join me ty Farm Bureau, serving later as President of and nationwide. in remembering an American hero, Petty Offi- the organization. He served on the State Authorizes service dogs to be provided to cer First Class Vincent E. Parker. Our sincere Board of Directors for the Colorado Farm Bu- severely disabled veterans suffering from spi- prayers and thoughts are with the Parker fam- reau, President of the Colorado Wool Grow- nal cord injuries, other mobility diseases, hear- ily at this difficult time. May God bless the ers, and was honored as the Colorado Wool ing loss or other types of disabilities that hav- Parker family, and may God continue to bless Grower Of The Year in 1996. ing a trained service dog would assist. the United States of America with heroes like J. Paul continued his service to the commu- Modifies VA’s system of determining ‘‘ability Vincent Parker. nity and state as a member of the La Plata to pay’’ for VA health care services by intro- f Planning Commission, Sergeant of Arms for ducing an index used by the Department of INTRODUCTION OF SPECTRUM Colorado Counties, Inc., and as Chairman of Housing and Urban Development to determine LICENSE POLICY ACT the Region 9 Economic Development District. family income thresholds. This would reduce As a father and firm believer in education, J. hospital co-payments by 80 percent compared HON. JOHN CONYERS, JR. Paul was elected to the Ignacio School Board to current law, for near-poor veterans who require acute hospital inpatient care. OF MICHIGAN of Directors. His performance led him to the Strengthens the mandate for the VA to IN THE HOUSE OF REPRESENTATIVES honor of being one of only five members in the state to be nominated for the State School maintain capacity in specialized medical pro- Thursday, December 13, 2001 Board. grams for veterans by requiring each network Mr. CONYERS. Mr. Speaker, I am happy to Mr. Speaker, I am honored to recognize J. of VA facilities to maintain a proportional share be an original cosponsor of the Spectrum Li- Paul Brown and his dedication to the commu- of national capacity in specialized health care

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.078 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2313 programs, guaranteeing that these programs TRIBUTE TO HOOPS SAGRADO and billboards advertising a Burger King and will be there if disabled veterans need them. (SACRED HOOPS) a Domino’s Pizza. ‘‘That’s straight, joe!’’ They get to the ancient and picturesque I am pleased to report that the bill estab- city of Antigua close to midnight, and as lishes a program of chiropractic services in HON. HAROLD E. FORD, JR. they stroll the historical streets, their minds each network of VA facilities. It authorizes the OF TENNESSEE are fixed on things such as finding a burger VA to employ chiropractors as federal employ- IN THE HOUSE OF REPRESENTATIVES or a hip-hop disco, They encounter neither. They are more than 3,000 miles from ees as well as to contract for these services. Thursday, December 13, 2001 home—in body, perhaps, not in spirit. This Also, it creates a VA advisory committee on Mr. FORD. Mr. Speaker, once in a while on trip is supposed to show them that there’s so chiropractic health care. this floor, we have the privilege to leave poli- much beyond the ‘hood, but they’re still Thank you Chairman Rockefeller, Senator tics behind and recognize the outstanding looking for home. The ancient colonial arch in Antigua is Specter and Senator Daschle, as well as Mr. achievements of Americans. compared to McDonald’s. They it look at Filner and Mr. Evans, who worked with me to So today I would like to pay tribute to a stunning examples of centuries-old Spanish achieve this compromise for an effective new group of young Americans—very close to my architecture and Antonio ‘‘Biggle’’ Dupree, program of VA chiropractic health care. heart—that have become ambassadors of the 18, asks: playground. ‘‘Is that a church? That’s big, dog!’’ His Requires VA Secretary to assess special In 1999, my friend Bryan Weaver founded a friends call him Biggle because he looks like telephone services made available to vet- non-profit group named Hoops Sagrado. one of their idols, the late rapper Notorious erans, such as ‘‘help lines’’ and ‘‘hotlines,’’ Hoops Sagrado is a cultural exchange pro- B.I.G.—except Biggle has a baby face and a with a report to Congress. soft voice. gram that is using the game of basketball to He walks through a small plaza lined by Provides authority for Secretary to study, help bring a better life to two groups with grand 16th-century ruins—convents and then if found feasible, obtain a personal emer- seemingly little in common, young adults from churches toppled in 1773 by an earthquake gency-notification and response system for the urban center that is Washington, DC, and that forever changed the face of this former service—disabled veterans. young Mayans from the rural western high- Central American capital. But looking at the massive stone walls with small, high-set win- Authorizes critically necessary construction lands of Guatemala. Despite the difference in cultures, the group dows, Biggie says, ‘‘Imagine what it would be project at the Miami, Florida VA Medical Cen- share a common passion: They both love like to be in one of these Guatemala jails.’’ ter. playing basketball. Hoops Sagrado is named A GRAND VISION In summary, Mr. Speaker, this bill will im- after a Native American belief that all races That night was the first in a three-week prove veterans’ health care programs as well are connected through the sacred hoops of journey to the lush highlands of western as assist the VA’s health care personnel to life, and must live in balance with one another Guatemala, a country of spectacular beauty and stark oppression, poverty and hunger. provide quality care to our nation’s veterans, to survive. Group members came to play hoops, but they especially those most seriously disabled and These young men and women are doing had been told they would do much, much least able to help themselves. their part to fulfill what Dr. Martin Luther King more. Veterans of our armed forces deserve a de- said was ‘‘Life’s most persistent and urgent These African American teenagers—nine from the District, two from Montgomery pendable and innovative system of health care question is, what are you doing for others?’’ For the last two years I have had the great County—were to see some of the country’s and benefits. This bill increases our ability to privilege of serving as an honorary chair of the most cherished sites, take Spanish classes, meet the needs of veterans, who have sac- Hoops Sagrado project, and was thus espe- conduct daily basketball clinics for Mayan rificed to meet ours. children and repair basketball courts for a cially pleased to see that last week the Wash- poor, mountainside school. I am proud to be an original cosponsor of ington Post devoted a Metro Section series to They had come as representatives of Hoops the Department of Veterans Affairs Health Hoops Sagrado’s mission in Guatemala. The Sagrado (Sacred Hoops), a fledgling non- Care Enhancement Act of 2001, and I want to series highlighted the hope that Hoops profit group whose leader hoped that such an thank the other Members and staff who have Sagrado brings to these young people from experience would instill leadership skills and worked hard to finish this bill in the first ses- Guatemala and America, a disproportionate a sense of community service in disadvan- sion of this Congress. I particularly want to portion of whom are raised by single mothers, taged youths through playing and coaching and touched by the scourge of violence. basketball. For the players, it was a free recognize my friend, Mr. FILNER of California, trip, a chance to get out of Washington, to and Susan Edgerton and John Bradley, our With great pride in the achievements of see things, to enjoy themselves. Their leader Staff Directors of the Health Subcommittee, as Hoops Sagrado, I urge all Americans to follow had a grander mission in mind. well as Bill Cahill and Kim Lipsky, professional their example in touching young people, and Bryan Weaver founded Hoops Sagrado in staff members of the Senate Committee on review the Washington Post series published 1996 after his first visit to Guatemala, when Veterans Affairs. These and other staff have during the week of November 25, 2001 and he was struck by the role that hardscrabble worked closely with us to achieve this legisla- describing how they overcame hardship to basketball courts played as social centers of indigenous Mayan villages. He returned in tion on behalf of America’s veterans. build bridges of friendship. Finally, I would like to thank them and their 1999, bringing one of the African American kids whom he coached in youth leagues in f sponsors Ben Cohen, Phil and Jan Fenty of Adams Morgan and Columbia Heights. Last Fleetfeet, and The National Basketball Asso- year, he brought three. He was convinced REMOVAL OF MRS. BIGGERT’S ciation for the important and honest work they that African American and Mayan kids could NAME AS CO-SPONSOR OF H.R. 3295 did as ambassadors on behalf of this country. learn valuable lessons from each other. They [From the Washington Post, Nov. 25, 2001] are unalike racially, culturally and linguis- tically, but they face the same problems of Ambassadors of the Playground bigotry, street violence and relegation to the HON. ROBERT W. NEY By Sylvia Moreno margins of their societies. OF OHIO Two vans stuffed with tall, gangly teen- Bryan expected members of his group to agers, oversize suitcases and boxes of basket- grow in self-confidence from coaching kids IN THE HOUSE OF REPRESENTATIVES balls wend sluggishly westward from the and to realize that they were not alone with Guatemala City airport on a muggy summer their problems—that others might have even Thursday, December 13, 2001 night, the riders seeing this new world harder lives. And the Mayan youngsters, he through the prism of the one they just left. figured, would benefit from the court moves Mr. NEY. Mr. Speaker, the House printing ‘‘This looks like Georgetown,’’ says 17- his players could teach and be inspired to deadline prohibited me from removing the year-old Max Costa as the van he rides in strive for more in their lives than a sixth- gentlewoman from Illinois, Mrs. Biggert, from passes a few blocks of small shops and bou- grade education and recycling the meager the list of co-sponsors of H.R. 3295. Mrs. tiques. lives of their parents, grandparents and Biggert’s name was added as a cosponsor of Moments later, whoops and hollers greet great-grand parents. To help the Mayan kids, H.R. 3295 in error. Had I not been precluded the sight of a Wendy’s, one of several fast- Bryan also started a scholarship program to food restaurants on the outskirts of the cap- help keep girls in school past sixth grade, from doing so, I would have taken to the floor ital. when free public education ends in most in- to correct this situation and ask unanimous ‘‘This looks like the Adams Morgan part of digenous villages, unlike in the cities, which consent that her name be removed from the town,’’ Max announces excitedly, as they get enough resources to pay for public edu- co-sponsor list. pass strip malls punctuated with neon signs cation through 12th grade.

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.080 pfrm04 PsN: E14PT1 E2314 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 He figured that this—the third summer of after the group got to Guatemala, he asked Interagency cooperation has always been the program—would be pivotal. Sean to read to the group a paragraph from an important factor in protecting the safety and He had joined forces with directors of the Chapter 1, in hopes of setting the right tone security of this Nation. But the unimaginable Shiloh Development Community, a teenage for the trip. Menchu is a Mayan who grew up mentoring project in Columbia Heights, and not far from where the Hoops Sagrado team events of September 11 and the ensuing An- with the addition of the Shiloh group was was headed. thrax attacks have drawn unparalleled atten- bringing the largest number of players yet to During Guatemala’s 37-year civil war, as tion to the need for a timely interchange of Guatemala: 11. He had included two girls, she tells the story, members of her family meaningful information. hoping that they would serve as role models were raped and killed, like hundreds of thou- I am pleased to have bipartisan support of for the Mayan girls who also would turn out sands of Mayan Indians. Menchu, living in this legislation from my colleagues: Mr. BUR- for the basketball clinics. exile in Mexico, won a Nobel Peace Prize in TON of Indiana, chairman of Government Re- There were preparatory meetings, with 1992 for her work in promoting social justice form Committee, Mr. SHAYS from Connecticut, Bryan telling the players about Guatemala’s and human rights for Guatemala’s indige- who is chairman of the Subcommittee on Na- indigenous Mayan community and urging nous people. The work has been criticized for them to heed the Rev. Martin Luther King exaggeration and misstatements, although it tional Security, Veterans Affairs, and Inter- Jr.’s challenge: ‘‘The most urgent and press- has also been widely praised as an accurate national Relations; Ms. SCHAKOWSKY from Illi- ing question in life is what are you doing for portrait of what it was like in Guatemala in nois, Ranking Member of the Subcommittee others.’’ those years. on Government Efficiency, Financial Manage- He was focused on lofty ideals and aspira- Menchu was Sean’s age, 23, when she told ment and Intergovernmental Relations, which I tions. But the players including one young the story of her life, a narrative that turned chair; and Mrs. MALONEY from New York, man who, despite two previous trips with into the book. So Bryan hoped the words Ranking Member on the Subcommittee on Do- him to Guatemala, was still fighting the lure would resonate with him, as well as the oth- of the street—presented the kind of mundane ers as they embarked upon their journey mestic Monetary Policy, Technology, and Eco- and vexing problems that young people into the Mayan world: nomic Growth and former Ranking Member of sometimes exhibit: Stubbornness. Laziness. ‘‘I’d like to stress it’s not only my life. It’s my subcommittee. Lack of common sense. Failure to think also the testimony of my people. It’s hard for On October 5th of this year, the Sub- through the consequences of their actions. me to remember everything that’s happened committee on Government Efficiency, Finan- Anger. Indifference to other people and their to me in my life since there have been many cial Management and Intergovernmental Rela- problems. very bad times but, yes, moments of joy as tions held a hearing on bio-terrorism. During The oldest and the veteran of these trips well,’’ Sean read haltingly. that hearing, Baltimore Police Commissioner ‘‘The important thing is that what has was Sean Thomas, 23, who in his mid-teens Edward T. Norris testified that the FBI did not was sent to a drug boot camp and was slowly happened to me has happened to many other realizing that he needed to break out of people, too: My story is the story of all poor provide his agency with adequate descriptions Adams Morgan to straighten out his life. He Guatemalans. My personal experience is the or photographs of those suspected of partici- was flashy and street smart but erratic— reality of a whole people.’’ pating in the September 11th attacks until Just like one of his favorite ballplayers, SO DIFFERENT, SO SIMILAR weeks after the tragic events. former Sacramento Kings point guard Jason But that first night, Menchu’s world was Following the hearing, FBI Director Robert Williams. Sean wore his Williams Jersey in far removed from these young people, armed S. Mueller pledged to increase the role of non- Antigua and tried out the little Spanish he with their headphones and gangsta rap and Federal law enforcement agencies in the Gov- remembered from his two previous summers hip-hop CDs. Their T-shirts bore the slogans: ernment’s efforts to combat terrorism, and to in Guatemala: Vamos, chicas. ‘‘Let’s go, ‘‘Thug Life’’ and ‘‘Scarface,’’ ‘‘Kids and Guns share more information with State and local girls.’’ Don’t Mix’’ and ‘‘Sexy.’’ And on their feet The first female Hoops Sagrado volunteer, agencies. On November 13th, our sub- they wore the equivalent of what could pay 16-year-old Carrie Sartin—a tall, thin Sheryl committee held joint hearing with Mr. SHAY’s for several school scholarships for Mayan Swoopes wannabe, walked the cobblestone subcommittee to discuss the Federal Govern- children: silver Nike Solo Flights and black roads of Antigua that first night, carrying patent-toe Air Jordans; leather Reeboks and ment’s efforts to enhance information sharing ‘‘T&. Whiskers,’’ a black and white stuffed New Balance cross-trainers. with State and local governments. cat she had brought along. ‘‘They have rocks What they did share with many Mayan Local officials, including Commissioner Nor- as streets,’’ she said later. children wasn’t so obvious: broken homes, ris, testified that progress had been made in The guys also included Clayton Mitchell, a families wracked by alcohol or substance brash 18-year-old, who walked through Anti- intelligence sharing with Federal agencies. abuse, apathy and discrimination. However, their inability to obtain classified in- gua’s empty and peaceful central plaza at Daily, the Hoops Sagrado team would trav- midnight, pausing for a moment to advise formation remained a significant impediment to el a road up a mountain to get to the village their ability to prepare for potential terrorist the others: ‘‘Enjoy the night. You can’t do of Xecam and the basketball clinics. It was a this in D.C.’’ strain, up a steep and gutted road, marked threats within their jurisdictions. The bill I am Dwayne Crossgill, 18, knew that. An all- by hairpin curves and treacherous cliffs. introducing today addresses that problem. around athlete, Dwayne ran track and But the real effort, it turned out, would H.R. 3483 would require the Attorney Gen- played football and basketball. He longed for come from within. The road from Wash- eral to carry out security clearance investiga- opportunities to get out of the District. He ington to Guatemala and back was marked tions of senior government and law enforce- thought that there was more to life than the by tears, turmoil, anger, doubt and mis- ment officials of any political subdivision of a view from his second-story apartment in Co- understanding. lumbia Heights, where he lives with his State or territory with a population of 30,000. Dwayne’s favorite T-shirt was imprinted In addition, the bill requires the Attorney Gen- mother. There, drug dealers stand on stoops with the words of a Swahili slogan that bore and push their wares. Dwayne had beard the the prophecy for this group. ‘‘Life has mean- eral to conduct security clearance investiga- occasional gunshot. He had attended more ing only in the struggles,’’ it read. ‘‘Victory tions of senior law enforcement officials whose than one friend’s funeral. or defeat is in the hands of the gods. So let agency participates in a Federal counter-ter- ‘‘Living in D.C., I realize there’s lot of bad us celebrate the struggles.’’ rorism task force or working group. in the world, a lot of crimes,’’ he said before There were plenty of struggles ahead. Upon successful completion of these inves- he left for Guatemala. ‘‘It’s good to see the there’s other ways of life.’’ f tigations, the Attorney General is to grant the Bryan eventually found out—the hard appropriate security clearances. The cost of way—that teenagers who don’t know each INTERGOVERNMENTAL LAW EN- such investigations is to be paid by the re- other don’t magically get along and that FORCEMENT INFORMATION questing State or local agency, not the Fed- even the most well-meaning adult counselors SHARING ACT OF 2001 H.R. 3483 eral Government. can clash. He later realized that his charges This legislation also calls for the Attorney were not as prepared as they should have HON. STEPHEN HORN General to conduct a study to examine meth- been about the culture and mores of Guate- ods of enhancing the sharing of sensitive Fed- mala, about how to talk, act and dress in a OF CALIFORNIA vastly different culture. And he also discov- IN THE HOUSE OF REPRESENTATIVES eral law enforcement information with State, territorial and local officials. The study would ered how hard it can be to persuade a teen- Thursday, December 13, 2001 ager that behavior or dress that is accept- include a review of appropriate safeguards to able in Washington could easily be offensive Mr. HORN. Mr. Speaker, today, I am intro- protect confidential sources and methods, or provocative in a Mayan village. ducing the Intergovernmental Law Enforce- mechanisms for determining the credibility of But those lessons came later. ment Information Sharing Act of 2001. This bi- information relating to potential threats, and TRYING TO CONNECT partisan bill is designed to increase the flow of restrictions on access to Federal databases. Bryan had brought with him the autobiog- critical information among Federal, State and Governors, mayors and chief law enforce- raphy ‘‘I, Rigoberta Menchu,’’ and a few days local law enforcement agencies. ment officers are responsible for protecting

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.085 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2315 their constituents. These State and local offi- combined efforts of Federal and non-Federal MIDDLE EASTERN TERRORIST cials are the first responders to emergencies. law enforcement agencies. INCIDENTS They need access to critical information on ‘‘(6) The chiefs, commissioners, sheriffs, or potential threats within their jurisdictions. The comparable officials who head each State, territorial, and local agency that partici- HON. BENJAMIN A. GILMAN ‘‘Intergovernmental Law Enforcement Sharing pates in a working group, task force, or simi- OF NEW YORK Act of 2001’’ will enhance their ability to get lar activity described in paragraph (5). IN THE HOUSE OF REPRESENTATIVES that information. ‘‘(c)(1) The Attorney General may charge Thursday, December 13, 2001 I urge my colleagues to support this bill. State, territorial, and local governments, in H.R. 3483 whole or in part, for the costs of carrying out Mr. GILMAN. Mr. Speaker, on September A bill, to amend title 31, United States Code, security clearance investigations and grant- 11th, the U.S. suffered the most destructive to provide for intergovernmental coopera- ing security clearances under this section. terrorist attack on its soil by Middle Eastern tion to enhance the sharing of law enforce- Such charges may not exceed the amounts terrorists with the suicide bombing of the ment information. charged for carrying out such investigations World Trade Center in New York City and the and granting such clearances for Federal em- Be it enacted by the Senate and House of Rep- Pentagon in Washington, D.C., which killed resentatives of the United States of America in ployees. ‘‘(2) The Attorney General may waive any over three thousand Americans and wounded Congress assembled, many more. This was the highest casualty toll SECTION 1. SHORT TITLE. charges that would otherwise apply under paragraph (1) to a State, territorial, or local ever recorded for a single terrorist incident This Act may be cited as the ‘‘Intergovern- anywhere. Yet the U.S. is by no means the mental Law Enforcement Information Shar- government if such government agrees to ing Act of 2001’’. promptly provide Federal officials, without only country to feel the wrath of Middle East- charge, access to the criminal databases of SEC. 2. CONGRESSIONAL FINDINGS. ern terrorists in recent months. such government for the purpose of con- The cancer of terrorism that has plagued Congress finds the following: ducting personnel security background in- (1) Governors and mayors are responsible the Middle East for decades has now trans- vestigations for military, civilian, and con- for the protection of their constituents, and formed into new and more deadly forms that tract employees. State and local agencies are typically the ‘‘(d) To the maximum extent practicable, pose grave challenges to the United States first responders to emergencies. Therefore, the Attorney General shall ensure that infor- and our allies. Middle Eastern terrorists are State and local officials and agencies must mation systems, including databases, are now striking outside their home region, boldly be able to receive information regarding po- configured to allow efficient and effective attacking high-profile targets, and killing in a tential threats within their jurisdictions. (2) Most State and local law enforcement sharing of information among appropriate more indiscriminant manner. authorities currently have mechanisms in Federal, State, territorial, and local officials Nonetheless, the Middle East is a hotbed of place to receive and protect classified infor- and agencies.’’. state-sponsored terrorism. Five of the seven mation provided by Federal officials. These SEC. 4. STUDY BY THE ATTORNEY GENERAL. states that have been branded by the U.S. mechanisms must be supplemented to in- (a) STUDY REQUIRED.—The Attorney Gen- government as sponsors of international ter- clude elected officials and additional senior eral shall conduct a study of methods to en- rorism—Iran, Iraq, Libya, Sudan, and Syria— law enforcement officials in every State. hance the sharing of sensitive Federal law are part of the troubled Middle East region. (3) Expanding the issuance of security enforcement information with State, terri- The Middle East is not only infested with more clearances, consistent with all applicable torial, and local law enforcement officials. Federal standards and investigative require- The study shall review— terrorist groups than any other region, but the ments, is an important means of improving (1) appropriate safeguards to protect con- Middle East remains the world’s foremost ex- information sharing among Federal, State, fidential sources and methods; porter of terrorism, with most of the spillover and local officials. (2) mechanisms for determining the credi- afflicting Western Europe and the United (4) There is a need for a comprehensive re- bility of information relating to potential States. These state sponsors of terrorism are view of procedures within Federal law en- threats; concerned with furthering their national goals forcement agencies in order to identify and (3) restrictions on access to Federal data- only through the use of their terrorist networks. remedy unnecessary barriers to information bases by State, territorial, and local elected It remains imperative, therefore that the United sharing among Federal, State, and local law officials and law enforcement personnel; and enforcement agencies. States and our allies track down and destroy (4) any other matter that the Attorney these terrorist groups and their global reach SEC. 3. SECURITY CLEARANCES AND ENHANCED General considers appropriate. INFORMATION SHARING. whereever they may be. (b) PARTICIPATION.—The Attorney General Chapter 65 of title 31, United States Code, Accordingly, in wanting to bring to the atten- shall ensure that officials from State, terri- is amended by adding at the end the fol- tion of my colleagues a list of the significant torial, and local law enforcement agencies lowing new section: participate in the study. Middle Eastern terrorist incidents from 1961Ð ‘‘§ 6509. Intergovernmental cooperation to en- (c) REPORT.—Not later than 6 months after 2001 based on the findings of the State De- hance the sharing of law enforcement in- the date of the enactment of this Act the At- partment’s Office of the Historian, I request formation torney General shall submit a report con- that this terrorism list be printed at this point ‘‘(a) The Attorney General shall expedi- taining the findings and recommendations of in the RECORD. tiously carry out security clearance inves- the study to the Committee on Government SIGNIFICANT MIDDLE EASTERN TERRORIST tigations for the persons identified in sub- Reform and the Committee on the Judiciary INCIDENTS: 1961–2001 section (b), and shall grant appropriate secu- of the House of Representatives and the rity clearances to all such persons who qual- Committee on Governmental Affairs and the 1961–1982 ify for clearances under the standards set Committee on the Judiciary of the Senate. Munich Olympic Massacre, September 5, forth in applicable laws and Executive or- SEC. 5. DISCLAIMER. 1972: Eight Palestinian ‘‘Black September’’ terrorists seized 11 Israeli athletes in the ders. Nothing in this Act shall be construed to ‘‘(b) The persons referred to in subsection Olympic Village in Munich, West Germany. limit the authority of the head of a Federal (a) are: In a bungled rescue attempt by West German agency to classify information or to con- ‘‘(1) Every Governor of a State or territory authorities, nine of the hostages and five ter- tinue the classification of information pre- who applies for a security clearance. rorists were killed. viously classified by an agency. ‘‘(2) Every chief elected official of a polit- Ambassador to Sudan Assassinated, March ical subdivision of a State or territory with 2, 1973: U.S. Ambassador to Sudan Cleo A. a population exceeding 30,000 who applies for f Noel and other diplomats were assassinated a security clearance. at the Saudi Arabian Embassy in Khartoum ‘‘(3) At least one senior law enforcement PERSONAL EXPLANATION by members of the Black September organi- official for each State or territory, as des- zation. ignated by the Governor of such State or ter- Entebbe Hostage Crisis, June 27, 1976: ritory. HON. JANICE D. SCHAKOWSKY Members of the Baader-Meinhof Group and ‘‘(4) At least one senior law enforcement OF ILLINOIS the Popular Front for the Liberation of Pal- estine (PFLP) seized an Air France airliner official for each political subdivision de- IN THE HOUSE OF REPRESENTATIVES scribed in paragraph (2), as designated by the and its 258 passengers. They forced the plane chief elected official of such subdivision. Thursday, December 13, 2001 to land in Uganda, where on July 3, Israeli ‘‘(5) Law enforcement officers from State, commandos successfully rescued the pas- territorial, and local agencies that partici- Ms. SCHAKOWSKY. Mr. Speaker, during sengers. pate in Federal counter-terrorism working rollcall vote No. 494 on December 12, 2001 I Iran Hostage Crisis, November 4, 1979: groups, joint or regional terrorism task was unavoidably detained. Had I been After President Carter agreed to admit the forces, and other activities involving the present, I would have voted ‘‘yea.’’ Shah of Iran into the U.S., Iranian radicals

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.089 pfrm04 PsN: E14PT1 E2316 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 seized the U.S. embassy in Tehran and took ican servicemen were injured in a Libyan Dizengoff Center Bombing, March 4, 1996: 66 American diplomats hostage. Thirteen bomb attack on a nightclub in West Berlin, Hamas and the Palestine Islamic Jihad (PIJ) hostages were soon released, but the remain- West Germany. In retaliation, U.S. military both claimed responsibility for a bombing ing 53 were held until their release on Janu- jets bombed targets in and around Tripoli outside of Tel Aviv’s largest shopping mall ary 20, 1981. and Benghazi. that killed 20 persons and injured 75 others, Grand Mosque Seizure, November 20, 1979: 1988 including two U.S. citizens. 200 Islamic terrorists seized the Grand Kidnapping of William Higgins, February West Bank Attack, May 13, 1996: Arab gun- Mosque in Mecca, Saudi Arabia, taking hun- 17, 1988: U.S. Marine Corps Lt. Col. W. Hig- men opened fire on a bus and a group of Ye- dreds of pilgrims hostage. Saudi and French gins was kidnapped and murdered by the Ira- shiva students near the Bet El settlement, security forces retook the shrine after an in- nian-backed Hizballah group while serving killing a dual U.S.-Israeli citizen and wound- tense battle in which some 250 people were with the United Nations Truce Supervisory ing three Israelis. No one claimed responsi- killed and 600 wounded. Organization (UNTSO) in southern Lebanon. bility for the attack, but Hamas was sus- Assassination of Egyptian President, Octo- Naples USO Attack, April 14, 1988: The Or- pected. ber 6, 1981: Soldiers who were secretly mem- ganization of Jihad Brigades exploded a car Zekharya Attack, June 9, 1996: Unidenti- bers of the Takfir Wal-Hajira sect attacked bomb outside a USO Club in Naples, Italy, fied gunmen opened fire on a car near and killed Egyptian President Anwar Sadat killing one U.S. sailor. Zekharya, killing a dual U.S./Israeli citizen during a troop review. Pan Am 103 Bombing, December 21, 1988: and an Israeli. The Popular Front for the Assassination of Lebanese Prime Minister, Pan American Airlines Flight 103 was blown Liberation of Palestine (PFLP) is suspected. September 14, 1982: Premier Bashir Gemayel up over Lockerbie, Scotland, by a bomb be- Khobar Towers Bombing, June 25, 1996: A was assassinated by a car bomb parked out- lieved to have been placed on the aircraft in fuel truck carrying a bomb exploded outside side his party’s Beirut headquarters. Frankfurt, West Germany, by Libyan terror- the U.S. military’s Khobar Towers housing 1983 ists. All 259 people on board were killed. facility in Dhahran, killing 19 U.S. military Bombing of U.S. Embassy in Beirut, April personnel and wounding 515 persons, includ- 1991 ing 240 U.S. personnel. Several groups 18, 1983: Sixty-three people including the Attempted Iraqi Attacks on U.S. Posts, CIA’s Middle East director, were killed, and claimed responsibility for the attack. January 18–19, 1991: Iraqi agents planted Bombing of Archbishop of Oran, August 1, 120 were injured in a 400-pound suicide truck- bombs at the U.S. Ambassador to Indonesia’s bomb attack on the U.S. Embassy in Beirut, 1996: A bomb exploded at the home of the home residence and at the USIS library in French Archbishop of Oran, killing him and Lebanon. The Islamic Jihad claimed respon- Manila. sibility. his chauffeur. The attack occurred after the Bombing of Marine Barracks, Beirut, Octo- 1992 Archbishop’s meeting with the French For- ber 23, 1983: Simultaneous suicide truck- Bombing of the Israeli Embassy in Argen- eign Minister. The Algerian Armed Islamic bomb attacks were made on American and tina, March 17, 1992: Hizballah claimed re- Group (GIA) is suspected. French compounds in Beirut, Lebanon. A sponsibility for a blast that leveled the PUK Kidnapping, September 13, 1996: In 12,000-pound bomb destroyed the U.S. com- Israeli Embassy in Buenos Aires, Argentina, Iraq, Patriotic Union of Kurdistan (PUK) pound, killing 242 Americans, while 58 causing the deaths of 29 and wounding 242. militants kidnapped four French workers for French troops were killed when a 400-pound 1993 Pharmaciens Sans Frontieres, a Canadian United Nations High Commissioner for Refu- device destroyed a French base. Islamic World Trade Center Bombing, February 26, gees (UNHCR) official, and two Iraqis. Jihad claimed responsibility. 1993: The World Trade Center in New York 1984 City was badly damaged when a car bomb 1997 Kidnapping of Embassy Official, March 16, planted by Islamic terrorists explodes in an Egyptian Letter Bombs, January 2–13, 1997: 1984: The Islamic Jihad kidnapped and later underground garage. The bomb left six peo- A series of letter bombs with Alexandria, murdered Political Officer William Buckley ple dead and 1,000 injured. The men carrying Egypt, postmarks were discovered at Al- in Beirut, Lebanon. Other U.S. citizens not out the attack were followers of Umar Abd Hayat newspaper bureaus in Washington, connected to the U.S. Government were al-Rahman, an Egyptian cleric who preached New York City, London, and Riyadh, Saudi seized over a succeeding 2-year period. in the New York City area. Arabia. Three similar devices, also post- Hizballah Restaurant Bombing, April 12, Attempted Assassination of President marked in Egypt, were found at a prison fa- 1984: Eighteen U.S. servicemen were killed, Bush by Iraqi Agents, April 14, 1993: The cility in Leavenworth, Kansas. Bomb dis- and 83 people were injured in a bomb attack Iraqi intelligence service attempted to assas- posal experts defused all the devices, but one on a restaurant near a U.S. Air Force Base in sinate former U.S. President George Bush donated at the Al-Hayat office in London, in- Torrejon, Spain. Responsibility was claimed during a visit to Kuwait. In retaliation, the juring two security guards and causing by Hizballah. U.S. launched a cruise missile attack 2 minor damage. months later on the Iraqi capital Baghdad. Empire State Building Sniper Attack, Feb- 1985 ruary 23, 1997: A Palestinian gunman opened TWA Hijacking, June 14, 1985: A Trans- 1994 Hebron Massacre, February 25, 1994: Jewish fire on tourists at an observation deck atop World Airlines flight was hijacked en route the Empire State Building in New York City, to Rome from Athens by two Lebanese right-wing extremist and U.S. citizen Baruch Goldstein machine-gunned Moslem worship- killing a Danish national and wounding visi- Hizballah terrorists and forced to fly to Bei- tors from the United States, Argentina, rut. The eight crew members and 145 pas- pers at a mosque in West Bank town of He- bron, killing 29 and wounding about 150. Switzerland, and France before turning the sengers were held for 17 days, during which gun on himself. A handwritten note carried one American hostage, a U.S. Navy sailor, Air France Hijacking, December 24, 1994: Members of the Armed Islamic Group seized by the gunman claimed this was a punish- was murdered. After being flown twice to Al- ment attack against the ‘‘enemies of Pal- giers, the aircraft was returned to Beirut an Air France Flight to Algeria. The four terrorists were killed during a rescue effort. estine.’’ after Israel released 435 Lebanese and Pales- Israeli Shopping Mall Bombing, September tinian prisoners. 1995 4, 1997: Three suicide bombers of Hamas deto- Soviet Diplomats Kidnapped, September Jerusalem Bus Attack, August 21, 1995: nated bombs in the Ben Yehuda shopping 30, 1985: In Beirut, Lebanon, Sunni terrorists Hamas claimed responsibility for the detona- mall in Jerusalem, killing eight persons, in- kidnapped four Soviet diplomats. One was tion of a bomb that killed six and injured cluding the bombers, and wounding nearly killed, but three were later released. over 100 persons, including several U.S. citi- 200 others. A dual U.S./Israeli citizen was Achille Lauro Hijacking, October 7, 1985: zens. among the dead, and seven U.S. citizens were Four Palestinian Liberation Front terrorist Saudi Military Installation Attack, No- wounded. seized the Italian cruise liner in the eastern vember 13, 1995: The Islamic Movement of Yemeni Kidnapping, October 30, 1997: Al- Mediterranean Sea, taking more than 700 Change planted a bomb in a Riyadh military Sha’if tribesman kidnapped a U.S. business- hostages. One U.S. passenger was murdered compound that killed one U.S. citizen, sev- man near Sanaa. The tribesman sought the before the Egyptian Government offered the eral foreign national employees of the U.S. release of two fellow tribesmen who were ar- terrorists safe haven in return for the hos- Government, and more than 40 others. rested on smuggling charges and several pub- tages’ freedom. Egyptian Embassy Attack, November 19, lic works projects they claim the govern- Egyptian Airliner Hijacking, November 23, 1995: A suicide bomber drove a vehicle into ment promised them. They released the hos- 1985: An EgyptAir airplane bound from Ath- the Egyptian Embassy compound in tage on November 27. ens to Malta and carrying several U.S. citi- Islamabad, Pakistan, killing at least 16 and Tourist killings in Egypt, November 17, zens was hijacked by the Abu Nidal Group. injuring 60 persons. Three militant Islamic 1997: Al-Gama’at al-Islamiyya (IG) gunmen 1986 groups claimed responsibility. shot and killed 58 tourists and four Egyp- Aircraft Bombing in Greece, March 30, 1986: 1996 tians and wounded 26 others at the A Palestinian splinter group detonated a Hamas Bus Attack, February 26, 1996: In Hatshepsut Temple in the Valley of the bomb as TWA Flight 840 approached Athens Jerusalem, a suicide bomber blew up a bus, Kings near Luxor. Thirty-four Swiss, eight Airport, killing four U.S. citizens. killing 26 persons, including three U.S. citi- Japanese, five Germans, four Britons, one Berlin Discoteque Bombing, April 5, 1986: zens, and injuring some 80 persons, including French, one Colombian, a dual Bulgarian/ Two U.S. soldiers were killed, and 79 Amer- three other US citizens. British citizen, and four unidentified persons

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\A13DE8.094 pfrm04 PsN: E14PT1 December 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2317 were among the dead. Twelve Swiss, two Cathie Ann Ong-Herrera. Betty was a woman honorees, who included bureaucrats, attor- Japanese, two Germans, one French, and of remarkable courage who was one of the neys, a teacher and a Seattle Police Depart- nine Egyptians were among the wounded. many to die in the act of war perpetrated on ment deputy assistant chief. Six of the hon- 1998 orees are from California. our country on September 11, 2001. His Jan. 14 story, ‘‘Fresno County may U.S. Embassy Bombings in East Africa, Betty Ann Ong was born in San Francisco house foster children illegally,’’ told how August 7, 1998: A bomb exploded at the rear on February 5, 1956 to Harry Ong, Sr. and Fresno County had been housing some of its entrance of the U.S. embassy in Nariobi, Yee Gam Oy Ong. Betty was the youngest of most difficult foster children in two area Kenya, killing 12 U.S. citizens, 32 Foreign motels, a practice that some legal advocates Service Nationals (FSNs), and 247 Kenyan four siblings, Harry Ong, Jr., Cathie Ann Ong- say violates state law. citizens. About 5,000 Kenyans, six U.S. citi- Herrera, and Gloria Ann Ong-Woo. Betty grew The California Department of Social Serv- zens, and 13 FSNs were injured. The U.S. em- up in San Francisco’s Chinatown where she ices, which found out about the situation bassy building sustained extensive structural attended Jean Parker Elementary School, through inquires by The Bee, notified Sal- damage. Almost simultaneously, a bomb det- Francisco Middle School, Washington High vador Montana, then director of Fresno onated outside the U.S. embassy in Dar es School, and the City College of San Fran- County’s Department of Children and Family Salaam, Tanzania, killing seven FSNs and cisco. She excelled in volleyball and bowling. Services, that housing the children in motels three Tanzanian citizens, and injuring one Later in life, Betty also loved to travel, collect was not allowed. U.S. citizen and 76 Tanzanians. The explo- The county quit the practice after the sion caused major structural damage to the antiques and carousels, and had an extensive state stepped in; the children were moved to U.S. embassy facility. The U.S. Government collection of stuffed animals and dolls. foster-care group homes. held Usama Bin Ladin responsible. Betty began her career in the airline industry as a baggage handler and a ticket reserva- The sponsoring Youth Law Center is a na- 2000 tional nonprofit organization that focuses on Attack on U.S.S. Cole, October 12, 2000: In tions agent with PSA and Delta Airlines. In the problems and needs of children who are Aden, Yemen, a small dingy carrying explo- 1998, Betty joined American Airlines as a flight placed out of home in foster care or juvenile sives rammed the destroyer U.S.S. Cole, kill- attendant and later became a flight attendant justice systems. ing 17 sailors and injuring 39 others. Sup- purser. Betty loved her job and the people she porters of Usama Bin Ladin were suspected. worked with, and she was voted Flight Attend- Mr. Speaker, I congratulate John Ellis both for his dedication to journalism and child wel- 2001 ant of the Year five time by her peers. fare. I urge my colleagues to join me in wish- Bus Stop Bombing, April 22, 2001: A mem- Betty’s colleagues always described her as ber of Hamas detonated a bomb he was car- a very loving, caring, and always friendly per- ing John the very best. rying near a bus stop in Kfar Siva, Israel, son, both to her co-workers and to the pas- f killing one person and injuring 60. sengers she served. Betty received numerous PERSONAL EXPLANATION Tel-Aviv Nightclub Bombing, June 1, 2001: written compliments from her passengers. Hamas claimed responsibility for the bomb- On that tragic date of September 11, Betty ing of a popular Israeli nightclub that caused was serving as a flight attendant on American HON. JANICE D. SCHAKOWSKY over 140 causalities. OF ILLINOIS Hamas Restaurant Bombing, August 9, Airlines Flight 11 from Boston to Los Angeles. 2001: A Hamas-planted bomb detonated in a As terrorist hijackers took over the plane, IN THE HOUSE OF REPRESENTATIVES Jeruselum pizza restaurant, killing 15 people Betty and her colleagues calmly reported to Thursday, December 13, 2001 and wounding more than 90. the ground grew vital information about what Ms. SCHAKOWSKY. Mr. Speaker, during Terrorist Attacks on U.S. Homeland, Sep- was taking place. She identified some of the rollcall vote No. 495 on December 12, 2001 I tember 11, 2001: Two hijacked airliners hijackers’ seat locations, which helped inves- was unavoidably detained. Had I been crashed into the twin towers of the World tigators later identify the individuals respon- Trade Center. Soon thereafter, the Pentagon present, I would have voted ’’yea‘‘. sible, and asked the ground crew to pray for was struck by a third hijacked plane. A f fourth hijacked plane, suspected to be bound the passengers aboard. Under over-whelming for a high-profile target in Washington, circumstances, Betty’s primary concern was DEPARTMENT OF VETERANS AF- crashed into a field in southern Pennsyl- the safety of her passengers. FAIRS HEALTH CARE PROGRAMS vania. More than 5,000 U.S. citizens and Up until the moment her life was tragically ENHANCEMENT ACT OF 2001 other nationals were killed as a result of taken, Betty Ann Ong was a true professional these acts. President Bush and Cabinet offi- who performed beyond her call of duty. Betty SPEECH OF cials indicated that Usama Bin Laden was Ann Ong acted heroically under trying cir- the prime suspect and that they considered cumstances, and her heroism should be a HON. BENJAMIN A. GILMAN the United States in a state of war with OF NEW YORK international terrorism. In the aftermath of sterling example of service to us all. Mr. the attacks, the United States formed the Speaker, I ask my colleagues to join me today IN THE HOUSE OF REPRESENTATIVES Global Coalition Against Terrorism. in paying tribute to Betty Ann Ong, celebrating Tuesday, December 11, 2001 Downtown Jerusalem Bombing, December her heroic legacy, and wishing her family Mr. GILMAN. Mr. Speaker, I rise today in 2, 2001: Two suicide bombers blew themselves peace for their loss. up in downtown Jerusalem killing ten people strong support of H.R. 3447, the Department and wounding more than 130. Hamas claimed f of Veterans Affairs Health Care Programs En- responsibility for the attack. HONORING FRESNO BEE hancement Act of 2001. I urge my colleagues Haifa Bus Attack, December 3, 2001: A REPORTER, JOHN ELLIS to join me in supporting this important meas- Hamas suicide bomber blew himself up on a ure and I commend the distinguished chair- public bus in the northern Israeli city of man of the Veterans Committee, the gen- Haifa, killing at least 15 people and wound- HON. GEORGE RADANOVICH tleman from New Jersey, Mr. SMITH. ing dozens of others. OF CALIFORNIA West Bank Bus Attack, December 12, 2001: This legislation provides a number of signifi- IN THE HOUSE OF REPRESENTATIVES Palestinian gunman killed eight people and cant enhancements to veterans health care wounded 30 in a grenade and shooting am- Thursday, December 13, 2001 programs, with the purpose of both expanding bush on an Israel bus in the West Bank just those services offered to veterans, and im- Mr. RADANOVICH. Mr. Speaker, I rise minutes before 2 suicide bombers struck in proving the manner in which those services today to honor Fresno Bee reporter, John the Gaza Strip. are delivered. Ellis. Mr. Ellis was recently presented the Un- Specifically, the bill makes a number of f sung Heroes Award given by the Youth Law changes in the policies governing VA nursing Center. A TRIBUTE TO BETTY ANN ONG staff. It enhances eligibility and benefits for the The following is the story printed in today’s employee incentive scholarship and education Fresno Bee celebrating John’s award: HON. CALVIN M. DOOLEY debt reduction programs by enabling VA Fresno Bee political reporter John Ellis re- OF CALIFORNIA nurses to pursue advanced degrees while ceived a national award Wednesday night continuing to care for veterans, in order to im- IN THE HOUSE OF REPRESENTATIVES that honors individuals for their work re- prove recruitment and retention of nurses with- Thursday, December 13, 2001 garding child welfare and juvenile justice systems. in the VA health care system. Furthermore, Mr. DOOLEY of California. Mr. Speaker, I The Youth Law Center’s annual Unsung the bill establishes a 12-member National rise today to pay tribute to the late Betty Ann Heroes Awards were presented to seven peo- Commission on VA Nursing that would assess Ong, the sister of my constituent and friend ple. Ellis was the only journalist among the legislative and organizational policy changes

VerDate 112000 05:22 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A13DE8.097 pfrm04 PsN: E14PT1 E2318 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2001 to enhance the recruitment and retention of gress to oversee and improve the system that Ipson was born in a small town outside Kovno, nurses by the department and the future of the provides health care to our Nation’s veterans. Lithuania in 1911. The youngest of six chil- nursing profession within the department, and For this reason, I urge my colleagues to join dren, she is a survivor—a survivor of hunger, recommends legislative and organizational in supporting this vital measure. of hardship, of sacrifice. Mrs. Ipson survived policy changes to enhance the recruitment f the Holocaust. and retention of nursing personnel in the department. INTRODUCTION OF THE ‘‘PROMPT When her husband could no longer practice Another issue addressed by the legislation UTILIZATION OF WIRELESS law and opened a motorcycle business in their concerns the maintenance of proper staffing SPECTRUM ACT OF 2001’’ home, Mrs. Ipson turned her talents to the ratios and the provision of overtime pay. The family business. She may not have been able bill mandates that the VA provide Saturday HON. W.J. (BILLY) TAUZIN to ride a motorcycle, but she certainly could premium pay to title 5/title 38 hybrid employ- OF LOUISIANA sell them. Often times, she had been known to ees. Such hybrid-authority employees include IN THE HOUSE OF REPRESENTATIVES say, ‘‘When my busband comes home, you’ll licensed vocational nurses, pharmacists, cer- Thursday, December 13, 2001 tified or registered respiratory therapists, phys- see. If this motorcycle isn’t everything I said it ical therapists, and occupational therapists. Mr. TAUZIN. Mr. Speaker, I rise today to in- was, you don’t have to buy it.’’ troduce the ‘‘Prompt Utilization of Wireless Moreover, it requires the VA to develop a na- She and her son, Jay, were in line with the tionwide policy on staffing standards to ensure Spectrum Act of 2001.’’ For longer than I would like to acknowledge, the FCC and rest of her family to be taken to the Riga Lat- that veterans are provided with safe, high via concentration camp when they were pulled quality care, taking into consideration the num- Nextwave have battled back and forth about out of line by a guard who had known her bers and skill mix required of staff in specific the status of Nextwave’s C block licenses. health care settings. It also requires a report Nextwave obtained these licenses the way husband. While the rest of her family did not on the use of mandatory overtime by licensed every carrier obtains a spectrum license from survive the concentration camps, she was nursing staff and nursing assistants in each the FCC: by being the highest bidder at auc- sent to the airport where she worked endless VA health care facility, and to include in this tion. days as a slave laborer, loading and unloading report a description of the amount of manda- When Nextwave filed for bankruptcy, the coal cars. tory overtime used by facilities. FCC sought to cancel Nextwave’s licenses. I H.R. 3447 offers several improvements in asked, begged, and pleaded with Chairman In 1943, the Ipsons escaped from the ghetto service for those veterans who require special- Powell’s predecessor, Bill Kennard, not to can- to a small farm in Trakai where a Polish ized medical care. It authorizes service dogs cel the licenses, and, more importantly, not to Catholic farmer risked his life to save her and to be provided by VA to a veteran suffering reauction them. her family. For nine months, they lived in a from spinal cord injuries or dysfunction, other Despite having filed for chapter 11 bank- hole in the ground, escaping detection. ruptcy protection, Nextwave retained a prop- diseases causing physical immobility, hearing Yet even after liberation, their lives were not loss or other types of disabilities susceptible to erty right in those licenses, a right that could easy. While her husband sought ways of es- improvement or enhanced functioning in activi- not be rescinded by the FCC or any other ties of daily living through employment of a agency. Auction 35 went ahead anyway, rais- caping, Mrs. Ipson took sole responsibility for service dog. Additionally, it strengthens the ing a record amount. But the D.C. circuit con- providing for their family. She risked her life, mandate for VA to maintain capacity in spe- firmed what I had been arguing for some time: traveling through Russian Military lines to ille- cialized medical programs for veterans by re- that Nextwave’s property right to those li- gal procure food from the black market. If quiring VA and each of its veterans integrated censes could not be violated. caught, she would have been jailed and se- service networks to maintain the national ca- Auction 35 has thus placed us in a quan- verely punished. However, she persevered pacity in certain specialized health care pro- dary. Wireless carriers who were auction 35 and kept their family alive. grams for veterans (those with serious mental winners are counting on that spectrum to roll illness, including substance use disorders, and out or enhance valuable services to con- Her family finally escaped using Mrs. spinal cord, brain injured and blinded vet- sumers. And we have a giant hole in the Ipson’s maiden name, Butrimowitz, and forged erans; veterans who need prosthetics and budget that needs to be plugged. Polish papers through Poland to the Amer- sensory aids); and extends capacity reporting Nextwave’s C block licenses have laid fal- ican-Zone in Berlin. Finally, after being spon- requirement for 3 years. low for too long and need to be put to good sored by Mrs. Ipson’s uncle Abraham Brown, Mr. Speaker, the legislation makes some use. The settlement agreement authorized by they immigrated to America. important adjustments to regulations governing the prompt utilization of Wireless Spectrum Once in America, her phenomenal will and payment for services from non-service con- Act of 2001 may not be the prettiest or easiest nected veterans. This is done through modi- way to ensure that these licenses are put to fortitude continued to serve her family. Mrs. fying the VA’s system of determining non-serv- good use. But this legislation, and the cor- Ipson became the first female service station ice-connected veterans’ ‘‘ability to pay’’ for VA responding settlement, appear to be the best attendant. She would wash the windshield and health care services by introducing the ‘‘low way to put them to good use. check the oil of the service station cus- income housing limits’’ employed by the De- I applaud the parties for spending countless tomers—a very unusual sight in those days. partment of Housing and Urban Development hours reaching this settlement. And I hope Yet, she was one of the best salespeople in (HUD), used by HUD to determine family in- that both Houses of Congress can enact this the area. While servicing the vehicles, she come thresholds for housing assistance. This legislation this year so that consumers can index is adjusted for all standard metropolitan would bring out Like New car wax, shine a reap the benefits of putting this spectrum to its spot and convince the driver he needed the statistical areas (SMSAS), and is updated pe- best use. wax to make his car look ‘‘like new.’’ Her serv- riodically by HUD to reflect economic changes I thank Mr. SENSENBRENNER, Mr. THOMAS, within the SMSAS. The bill would retain the and Mr. CONYERS for co-sponsoring this legis- ice station sold more car wax than any other current-law means test national income lation. And I look forward to its prompt consid- in the area. threshold, but would reduce co-payments by eration. Mr. Speaker, Mrs. Ipson has led an amazing 80 percent for near-poor veterans who require f acute VA hospital inpatient care. This is impor- life of joy, sorrow and unending sacrifice. In tant for those veterans with low incomes who HONORING EDNA BUTRIMOWITZ fact, she often sacrificed celebrating her own reside in high-cost-of-living areas, like New IPSON ON HER 90TH BIRTHDAY birthday, protesting that Hanukah and her De- York. cember Wedding anniversary were more im- Finally, Mr. Speaker, the legislation extends HON. ERIC CANTOR portant then her birthday. This year, her son, the authority of the VA to collect proceeds OF VIRGINIA Jay, is honoring her life and celebrating her from veterans health insurance policies for IN THE HOUSE OF REPRESENTATIVES 90th birthday. Although I cannot be there in services provided as non-service connected person, Mr. Speaker, I hope you will join me care. Thursday, December 13, 2001 This bill represents the latest step in the Mr. CANTOR. Mr. Speaker, I rise today to in honoring this remarkable woman and in longstanding ongoing commitment of Con- honor a remarkable woman. Edna Butrimowitz wishing her the happiest of birthdays.

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HIGHLIGHTS Senate passed H.J. Res 78, Continuing Appropriations. Senate Court and in the consideration of actions and pro- Chamber Action ceedings in the Family Court, after agreeing to a Routine Proceedings, pages S13245-S13319 committee amendment in the nature of a substitute, Measures Introduced: Five bills and one resolution and the following amendment proposed thereto: were introduced, as follows: S. 1829–1834, S. Res. Pages S13312-17 192. Page S13300 Daschle (for Lieberman/Thompson) Amendment. No. 2610, to make certain improvements to the bill. Measures Reported: Page S13316 S. 1779, to authorize the establishment of ‘‘Radio Free Afghanistan’’, with an amendment. (S. Rept. Senate Legal Representation: Senate agreed to S. No. 107–125) Res. 192, to authorize representation by the Senate H.R. 3009, to extend the Andean Trade Pref- Legal Counsel in Judith Lewis v. Rick Perry, et al. erence Act, to grant additional trade benefits under Page S13317 that Act, with an amendment in the nature of a sub- Continuing Appropriations: Senate passed H.J. stitute. (S. Rept. No. 107–126) Res. 78, making further continuing appropriations H. Con. Res. 211, commending Daw Aung San for the fiscal year 2002, clearing the measure for the Suu Kyi on the 10th anniversary of her receiving the President. Page S13317 Nobel Peace Prize and expressing the sense of the Federal Farm Bill: Senate continued consideration Congress with respect to the Government of Burma, of S. 1731, to strengthen the safety net for agricul- with an amendment in the nature of a substitute and tural producers, to enhance resource conservation and with an amended preamble. Page S13300 rural development, to provide for farm credit, agri- Measures Passed: cultural research, nutrition, and related programs, to Student Loan Interest Rates: Senate passed S. ensure consumers abundant food and fiber, taking 1762, to amend the Higher Education Act of 1965 action on the following amendments proposed there- to establish fixed interest rates for student and par- to: Pages S13245–75 ent borrowers, to extend current law with respect to Pending: special allowances for lenders. Pages S13310-11 Daschle (for Harkin) Amendment No. 2471, in the nature of a substitute. Pages S13245–75 Higher Education Relief Opportunities for Stu- Smith (NH) Amendment No. 2596 (to Amend- dents Act: Senate passed S. 1793, to provide the Sec- ment No. 2471), to provide for Presidential certifi- retary of Education with specific waiver authority to cation that the government of Cuba is not involved respond to conditions in the national emergency de- in the support for acts of international terrorism as clared by the President on September 14, 2001. a condition precedent to agricultural trade with Pages S13311-12 Cuba. Page S13246 District of Columbia Family Court Act: Senate Torricelli Amendment No. 2597 (to Amendment passed H.R. 2657, to amend title 11, District of Co- No. 2596), to provide for Presidential certification lumbia Code, to redesignate the Family Division of that all convicted felons who are living as fugitives the Superior Court of the District of Columbia as in Cuba have been returned to the United States the Family Court of the Superior Court, to recruit prior to the amendments relating to agricultural and retain trained and experienced judges to serve in trade with Cuba becoming effective. Page S13246 the Family Court, to promote consistency and effi- Daschle motion to reconsider the vote (Vote 368) ciency in the assignment of judges to the Family by which the motion to close further debate on D1257

VerDate 11-MAY-2000 05:35 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14DE1.REC pfrm04 PsN: D14DE1 D1258 CONGRESSIONAL RECORD — DAILY DIGEST December 14, 2001 Daschle (for Harkin) Amendment No. 2471 (listed Executive Reports of Committees: Senate received above) failed. Page S13246 the following executive report of a committee: Wellstone Amendment No. 2602 (to Amendment Report to accompany Treaty with the Russian No. 2471), to insert in the environmental quality in- Federation on Mutual Legal Assistance in Criminal centives program provisions relating to confined live- Matters (Treaty Doc. 106–22) (Ex. Rept. 107–3) stock feeding operations and to a payment limita- Page S13300 tion. Pages S13246–47 Measures Referred: Page S13299 Lugar (for McCain) Amendment No. 2603 (to Measures Read First Time: Page S13317 Amendment No. 2471), to provide for the market Pages S13299–S13300 name for catfish. Page S13247 Enrolled Bills Presented: Harkin Modified Amendment No. 2604 (to Executive Reports of Committees: Page S13300 Amendment No. 2471), to apply the Packers and Additional Cosponsors: Pages S13300–01 Stockyards Act, 1921, to livestock production con- Statements on Introduced Bills/Resolutions: tracts and to provide parties to the contract the right to discuss the contract with certain individuals. Pages S13301–05 Pages S13251–59, S13260–75 Additional Statements: Pages S13297–99 Burns Amendment No. 2607 (to Amendment No. Amendments Submitted: Pages S13305–10 2471), to establish a per-farm limitation on land en- Adjournment: Senate met at 9:30 a.m., and ad- rolled in the conservation reserve program. journed at 3:14 p.m., until 12:30 p.m., on Monday, Page S13259 December 17, 2001. (For Senate’s program, see the Burns Amendment No. 2608 (to Amendment No. remarks of the Majority Leader in today’s Record on 2471), to direct the Secretary of Agriculture to es- page S13318.) tablish certain per-acre values for payments for different categories of land enrolled in the conservation Committee Meetings reserve program. Pages S13259–60 No committee meetings were held. h House of Representatives Chamber Action CONGRESSIONAL PROGRAM AHEAD The House was not in session today. Week of December 17 through December 22, 2001 Committee Meetings Senate Chamber On Monday, at 1 p.m., Senate will begin consideration BATTLING BIOTERRORISM of the conference report on H.R. 1, Elementary and Sec- Committee on Government Reform: Subcommittee on ondary Education Act Authorization. Technology and Procurement Policy held a hearing On Tuesday, Senate will continue consideration of on Battling Bioterrorism: Why Timely Information- the conference report on H.R. 1, Elementary and Sharing Between Local, State and Federal Govern- Secondary Education Act Authorization., with a vote ments is the Key to Protecting Public Health. Testi- on adoption of the conference report to occur at 11 mony was heard from Edward Baker, M.D., Director, a.m. Public Health Program Practice Office, Centers for During the balance of the week, Senate expects to Disease Control and Prevention, Department of resume consideration of S. 1731, Federal Farm bill, Health and Human Services; Rock Regan, Chief In- Conference Reports on H.R. 3338, Department of formation Officer, State of Connecticut; Gianfranco Defense Appropriations, H.R. 2506, Foreign Oper- Pezzino, M.D., Epidemiologist, Department of ations Appropriations, and H.R. 3061, Labor, Health and Environment, State of Kansas; and pub- Health and Human Services, and Education Appro- lic officials. priations, and any other cleared legislative and executive business.

VerDate 11-MAY-2000 05:35 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14DE1.REC pfrm04 PsN: D14DE1 December 14, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1259 Senate Committees Committee on Foreign Relations: December 18, Sub- committee on International Operations and Terrorism, to (Committee meetings are open unless otherwise indicated) hold hearings to examine the global outreach of Al- Committee on Commerce, Science, and Transportation: De- Qaeda, 2:30 p.m., SD–419. cember 18, to hold hearings to examine issues sur- Committee on Health, Education, Labor, and Pensions: De- rounding the collapse of Enron Corporation, 9:30 a.m., cember 18, to hold hearings to examine the limits of ex- SR–253. isting laws with respect to protecting against genetic dis- Committee on Finance: December 18, business meeting to mark up H.R. 3005, to extend trade authorities proce- crimination, 10 a.m., SD–106. dures with respect to reciprocal trade agreements; and to House Committees consider the nomination of Richard Clarida, of Con- necticut, to be Assistant Secretary for Economic Policy, Committee on Energy and Commerce, December 19, Sub- the nomination of Kenneth Lawson, of Florida, to be As- committee on Commerce, Trade, and Consumer Protec- sistant Secretary for Enforcement, and the nomination of tion, hearing entitled ‘‘Electronic Communications Net- B. John Williams, Jr., of Virginia, to be Chief Counsel works in the Wake of September 11th,’’ 10 a.m., 2123 for the Internal Revenue Service and Assistant General Rayburn. Counsel, all of the Department of the Treasury; the nomi- Committee on the Judiciary, December 19, Subcommittee nation of Janet Hale, of Virginia, to be Assistant Sec- on Commercial and Administrative Law, oversight hear- retary for Management and Budget, and the nomination ing on the Alabama-Coosa-Tallapoosa River Basin Com- of Joan E. Ohl, of West Virginia, to be Commissioner on pact and the Apalachicola-Chattahoochee and Flint River Children, Youth, and Families, both of the Department Basin Compact, 10 a.m., 2141 Rayburn. of Health and Human Services; and the nomination of December 19, Subcommittee on Immigration and James B. Lockhart III, of Connecticut, to be Deputy Claims, oversight hearing on the Release Policies of the Commissioner of Social Security, and the nomination of Harold Daub, of Nebraska, to be a Member of the Social Immigration and Naturalization Service and the Execu- Security Advisory Board, both of the Social Security Ad- tive Office for Immigration Review, 2 p.m., 2237 Ray- ministration, 9:30 a.m., SD–215. burn.

VerDate 11-MAY-2000 05:35 Dec 15, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14DE1.REC pfrm04 PsN: D14DE1 D1260 CONGRESSIONAL RECORD — DAILY DIGEST December 14, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12:30 p.m., Monday, December 17 2 p.m., Monday, December 17

Senate Chamber House Chamber Program for Monday: After a period of morning busi- Program for Monday: Pro forma session. ness (not to extend beyond 1 p.m.), Senate will begin consideration of the conference report on H.R. 1, Edu- cation Reform.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E2308 Ney, Robert W., Ohio, E2313 Gilman, Benjamin A., N.Y., E2291, E2315, E2317 Pallone, Frank, Jr., N.J., E2293, E2296 Andrews, Robert E., N.J., E2304 Gordon, Bart, Tenn., E2306 Paul, Ron, Tex., E2303 Berman, Howard L., Calif., E2304 Graves, Sam, Mo., E2307 Pickering, Charles W. ‘‘Chip’’, Miss., E2312 Bonior, David E., Mich., E2303 Green, Gene, Tex., E2307 Radanovich, George, Calif., E2317 Cantor, Eric, Va., E2318 Hoeffel, Joseph M., Pa., E2305 Rangel, Charles B., N.Y., E2310 Capito, Shelley Moore, W.Va., E2291, E2293, E2296, Honda, Michael M., Calif., E2309 Schaffer, Bob, Colo., E2292, E2294 E2298, E2300, E2300, E2301 Horn, Stephen, Calif., E2314 Schakowsky, Janice D., Ill., E2291, E2293, E2315, E2317 Clement, Bob, Tenn., E2297, E2299 Isakson, Johnny, Ga., E2305 Sensenbrenner, F. James, Jr., Wisc., E2309 Conyers, John, Jr., Mich., E2312 Johnson, Eddie Bernice, Tex., E2300, E2301 Shaw, E. Clay, Jr., Fla., E2307 Coyne, William J., Pa., E2293, E2295 Kennedy, Patrick J., R.I., E2305 Simpson, Michael K., Idaho, E2297 Crane, Philip M., Ill., E2303 Lantos, Tom, Calif., E2291, E2298, E2300 Tauzin, W.J. (Billy), La., E2318 Crowley, Joseph, N.Y., E2306 McInnis, Scott, Colo., E2291, E2292, E2293, E2295, Traficant, James A., Jr., Ohio, E2309 DeLauro, Rosa L., Conn., E2299, E2301 E2297, E2298, E2301, E2303, E2306, E2312 Udall, Mark, Colo., E2300, E2302 Dingell, John D., Mich., E2296, E2298 Miller, George, Calif., E2306 Visclosky, Peter J., Ind., E2309 Dooley, Calvin M., Calif., E2317 Mink, Patsy T., Hawaii, E2297, E2299 Waxman, Henry A., Calif., E2304 Ford, Harold E., Jr., Tenn., E2313 Moran, Jerry, Kansas, E2312 Weldon, Curt, Pa., E2303

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