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

Vol. 148 WASHINGTON, WEDNESDAY, JUNE 26, 2002 No. 87 House of Representatives The House met at 10 a.m. point of order that a quorum is not Mr. FOLEY. Mr. Speaker, it is my The Reverend David E. Paul, Pastor, present. great honor to welcome Dr. David Paul First United Methodist Church, The SPEAKER. Pursuant to clause 8, and his wife, Judy, to the House Cham- Clewiston, Florida, offered the fol- rule XX, further proceedings on this ber this morning. I join my colleague, lowing prayer: question will be postponed. the gentleman from Florida (Mr. Our Heavenly Father, we come to The point of no quorum is considered HASTINGS), in this great honor. You with grateful hearts for the daily withdrawn. Dr. Paul is a third generation Flo- evidence of Your love. You are always f ridian. He was born in Miami, Florida, with us. You are always available to PLEDGE OF ALLEGIANCE in 1946; and he is a graduate of Miami us. Senior High School and the University The SPEAKER. Will the gentleman There are times, Lord, when we ig- of Florida. Go Gators. from New York (Mr. MCNULTY) come nore You and Your guidance. Forgive He is a true spiritual leader rooted in forward and lead the House in the us. Forgive us when we stray away Florida. Pledge of Allegiance. from the ideals and goals You have An accomplished trombone player, Mr. MCNULTY led the Pledge of Alle- given our great Nation. Enable us to Reverend Paul played with the Savan- giance as follows: nah Symphony Orchestra for a number forgive ourselves and each other. I pledge allegiance to the Flag of the We thank You, Lord, for Your guid- of years before attending the Asbury United States of America, and to the Repub- Theological Seminary in Wilmore, ance and Your love. We thank You for lic for which it stands, one nation under God, the trust our citizens have given these indivisible, with liberty and justice for all. Kentucky, where he earned his master of divinity degree and doctor of divin- persons. This trust, along with Your f presence, strengthens and enables them ity. MESSAGE FROM THE SENATE After 10 years in Kentucky, Dr. Paul to have the courage to deal with the again regained his senses and returned hard decisions that face them. A message from the Senate by Mr. to Florida where he has served church- We pray for those today who need a Monahan, one of its clerks, announced es in Eustic, Groveland, Clewiston and special sense of divine love, whose lives that the Senate has passed a bill of the following title in which the concur- Lake City. need encouragement and peace. I know the community in Clewiston Sustain our Nation and guide the rence of the House is requested: S. 2621. An act to provide a definition of ve- was very sad to see Reverend Paul head House of Representatives as it seeks to to Lake City, but one community’s loss do Your will. hicle for purposes of criminal penalties relat- ing to terrorist attacks and other acts of vio- is another’s gain; and I am sure he will In Christ’s name, Amen. lence against mass transportation systems. have the same impact in Lake City f The message also announced that that he had for us in Clewiston. THE JOURNAL pursuant to Public Law 106–170, the f The SPEAKER. The Chair has exam- Chair on behalf of the Republican RECOGNIZING THE STEP AHEAD Leader, after consultation with the ined the Journal of the last day’s pro- TO SUCCESS FARMWORKER Ranking Member of the Senate Com- ceedings and announces to the House YOUTH PROGRAM mittee on Finance, announces the ap- his approval thereof. pointment of the following individuals (Ms. ROS-LEHTINEN asked and was Pursuant to clause 1, rule I, the Jour- to serve as members of the Ticket to given permission to address the House nal stands approved. Work and Work Incentives Advisory for 1 minute and to revise and extend Mr. GIBBONS. Mr. Speaker, pursuant Panel— her remarks.) to clause 1, rule I, I demand a vote on Vicent Randazzo of , vice Ms. ROS-LEHTINEN. Mr. Speaker, I agreeing to the Speaker’s approval of Stephanie Lee Smith, resigned; and recognize the Step Ahead to Success the Journal. Katie Beckett of , for a term of Farmworker Youth Program and con- The SPEAKER. The question is on four years. gratulate the program’s 2002 graduates. the Speaker’s approval of the Journal. f I want to especially commend the pro- The question was taken; and the gram’s director, Maria Garza, and Speaker announced that the ayes ap- WELCOMING THE REVEREND Miami-Dade County Manager Steve peared to have it. DAVID E. PAUL Shiver, whose tireless efforts have Mr. GIBBONS. Mr. Speaker, I object (Mr. FOLEY asked and was given per- made this program a great success. to the vote on the ground that a mission to address the House for 1 Since its inception in late 2000, the quorum is not present and make the minute.) program has provided 275 at-risk young

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

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VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.000 pfrm12 PsN: H26PT1 H3932 CONGRESSIONAL RECORD — HOUSE June 26, 2002 people from farmworker families with ment Day. What does that mean? It is tial-birth abortion ban. Since 1995, a services to help develop their aca- the date on which the average Amer- ban on this horrendous procedure has demic, social, and safety skills. In ican worker has earned enough gross been passed three times by both the Miami-Dade, 50 young people have re- income to pay off his or her share of House and the Senate. Unfortunately, ceived leadership training and FCAT tax and regulatory burdens imposed by due to vetoes by President Clinton, the tutoring and have participated in sev- all levels of government, either Fed- practice continues today. In the par- eral community service activities. eral, State or local. Currently Nevad- tial-birth abortion procedure, the baby One amazing young man, Jose ans must work on average 179 days just is partially delivered before being bru- Rodriguez, came to the program with a to meet all the costs imposed by gov- tally killed. The vast majority of par- 1.2 grade point average and was behind ernment. tial-birth abortions are performed on credits for graduation. But the pro- There is some good news, however. healthy babies and healthy mothers. In gram helped Jose to improve his Cost of Government Day falls 2 days fact, according to the American Med- grades, receive a stipend for financial earlier this year than last. In fact, this ical Association, a partial-birth abor- help, graduate on time; and he will year it is earlier than it has been in 5 tion is never necessary to protect the soon begin to serve our country upon years, thanks to the tax relief we have health of a woman and can even lead to finishing the Marine Corps basic train- just passed. Yet the cost of government additional serious health risks. ing on July 27. is still substantially higher than it was Although language banning this pro- I want to thank all of the dedicated during the 1980s when President cedure has been struck down in the workers of the Farmworker Youth Pro- Reagan led the Nation in bringing it past by the Supreme Court, this new gram for their unending devotion to down to a date in mid-June. Lowering legislation has been tailored to address these children. the cost of government means more the Court’s concerns. f money in the hands of families, inves- Partial-birth abortion is infanticide. CODE ADAM tors and entrepreneurs to reinvest in It is crucial that we act on the wishes (Mr. LAMPSON asked and was given our economy. of the American people and outlaw this Mr. Speaker, as we continue with the permission to address the House for 1 dangerous and gruesome procedure minute.) appropriations process, I call upon my once and for all. Mr. LAMPSON. Mr. Speaker, I will colleagues to remain committed to re- f ducing the cost of government to en- digress again from my stories about PRESCRIPTION DRUGS Ludwig Koons, whom we desperately courage economic growth and pros- (Mr. GREEN of Texas asked and was want returned from Italy to the United perity both at home and nationwide. States where he is being held illegally, f given permission to address the House for 1 minute and to revise and extend to talk about one of the scariest situa- ECONOMIC REFORMS NEEDED tions that a parent can experience his remarks.) when they are out shopping, perhaps (Mr. DEFAZIO asked and was given Mr. GREEN of Texas. Mr. Speaker, they turn around and their child is not permission to address the House for 1 seniors cannot wait a minute longer for with them. In many cases they return minute.) a prescription drug benefit under Medi- in a matter of moments, but sometimes Mr. DEFAZIO. Headline: ‘‘WorldCom care. Our seniors have been in need for it can seem like an eternity. What if Says Its Books Are Off By $3.8 Billion.’’ far too long. Unfortunately, they will that son or daughter cannot be found? Hey, we all make mistakes. $3.8 billion. be very disappointed with the plan that Or do stores have a system in place The stock market is going to tank will be presented by the Republican that can help protect their child from again today. The dollar is in a head- majority either this week or after the harm? long decline. It seems like it would be Fourth of July break. With its high The answer is yes. The gentleman a no-brainer for the House of Rep- deductibles, fluctuating premiums and from New Jersey (Mr. PALLONE) and I resentatives to plug a few tax loop- gaps in coverage, the Republican plan are joining together to urge Members holes; mandate, mandate, by God, hardly provides any benefit at all. to support a resolution to encourage tough accounting reform; put a few of But the biggest problem with their retailers across the Nation to adopt a these crooked CEOs in jail, prosecute plan is that it relies on the insurance special child safety alert program them, pursue them endlessly. Let us industry to work. Their plan is the known as Code Adam. have real protection for stockholders, first step in their long-term effort that Code Adam works. Since 1994, it has employees’ pension funds. But no. It is they have been trying to do to pri- been a powerful preventive tool against needed, it seems like a no-brainer, but vatize Medicare. child abductions and lost children in it ain’t going to happen here because Let us face it. The insurance indus- more than 25,000 stores, making it the the House Republican leadership is too try just does not work for seniors. As largest child safety program in the Na- busy collecting campaign funds from we have seen with the Medicare+Choice tion. Code Adam is a special alert some of the same firms and CEOs that program, private health insurance issued through the store’s public ad- are defrauding and the companies cannot make a profit with dress system when a customer reports stock market. the health care demands of our seniors. a missing child. The measure was es- The American people need to focus That is why Medicare was created in tablished in 1994 and named in the and demand meaningful reforms before 1965. It is foolish to believe that private memory of 6-year-old Adam Walsh this disaster spirals totally out of con- drug plans will be able to do any bet- whose abduction from a Florida shop- trol and drives the U.S. economy into a ter. ping mall and murder in 1981 brought full blown financial crisis. No more We need to take profit out of the the horror of child abduction to na- sham reforms of pensions, no more equation and create a prescription drug tional attention. sham prescription drug benefits, no plan that is run by Medicare, just like We owe it to the kids of America to more shams on the Tax Code. Let us do hospital visits and doctors visits. It is do everything that we can to ensure some meaningful work here and try time to stop wasting money on failed their safety. Join us in supporting this and fix the problems with America’s experiments and put the money where important resolution. Bring our chil- economy. we know it will work, in a drug benefit dren home. f under Medicare. f PARTIAL-BIRTH ABORTION BAN f COST OF GOVERNMENT DAY (Mr. RYUN of Kansas asked and was PARTIAL-BIRTH ABORTION (Mr. GIBBONS asked and was given given permission to address the House (Mr. PITTS asked and was given per- permission to address the House for 1 for 1 minute and to revise and extend mission to address the House for 1 minute and to revise and extend his re- his remarks.) minute and to revise and extend his re- marks.) Mr. RYUN of Kansas. Mr. Speaker, I marks.) Mr. GIBBONS. Mr. Speaker, June 29, rise today to strongly urge my col- Mr. PITTS. Mr. Speaker, Congress this Saturday, will be Cost of Govern- leagues to support H.R. 4965, the par- now has an opportunity to put an end

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.002 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3933 to one of the most barbaric acts known pened that morning. This trophy is a have had many listening sessions, and to mankind. Amazingly, this barbaric result of the benefit basketball game we have crafted a meaningful prescrip- act is perfectly legal in the United that is played every year for the last 3 tion drug benefit. We need to pass this States of America. This horrible act of years, and this past year on September plan now, especially for women and our violence is called partial-birth abor- 10. So although the announcement is a seniors. tion. Actually it is a procedure in little bit late, it is important for me to Women make up more of the popu- which a baby is partially delivered, the note that the Hoops for Hope, a unique lation over the age 65 because women doctor actually reaches in and turns contest here, which pits Members of actually live, on average, 7 years the baby for a breech birth, and then is Congress against lobbyists in a benefit longer than men. If we look at a snap- killed in a procedure too horrible to de- basketball game, has raised over $50,000 shot of Americans aged 85 and older, scribe. in its 3-year history. We are on the nearly three-quarters of these are Congress has voted twice to make it road to raising $75,000 this September; women. But they are not just living illegal, but the previous President ve- and my duty this morning is to not longer; they have smaller incomes and toed it both times. Today we have a only present the trophy, but to an- have fewer financial resources to take new President who will do the right nounce that this past year the lobby- care of their pharmaceutical needs. Women are almost twice as likely as thing and make partial-birth abortion ists eked out a 63 to 60 win. men to have incomes below $10,000, and illegal, but first we have to send him We just wanted everybody to know two-thirds of Medicare beneficiaries the bill. who participated in the game. We ben- with annual incomes below the poverty efit Horton’s Kids and Staffers for the We in the House will have the chance level are women. Fewer financial re- Hungry and Homeless. This money goes to vote on this bill later this summer, sources and greater longevity are key and we will do the right thing. It will to a great cause, and we appreciate reasons why Congress needs to pass be up to the other body to act. No one everybody’s cooperation. this prescription drug plan now. knows what they will do. f Under this act, men and women It is time to make partial-birth abor- GLARING INADEQUACIES IN RE- under the age of 65 will benefit from tion illegal. It should have been illegal PUBLICAN PRESCRIPTION DRUG substantial discounts. long ago. PLAN Mr. Speaker, we need to pass this f plan now for all seniors, but especially (Mr. BROWN of Ohio asked and was for our women. PRESCRIPTION DRUG COVERAGE given permission to address the House f (Mr. WYNN asked and was given per- for 1 minute.) mission to address the House for 1 Mr. BROWN of Ohio. Mr. Speaker, DEFEAT REPUBLICAN SHAM PRI- minute and to revise and extend his re- last Friday morning, while most Amer- VATIZATION PRESCRIPTION marks.) icans were still asleep, the Republican DRUG BILL Mr. WYNN. Mr. Speaker, I do not plan to create a drug benefit was (Mr. TIERNEY asked and was given know how you measure greatness in pushed with brute force through the permission to address the House for 1 the modern world, but if in fact Amer- Committee on Energy and Commerce. minute.) ica is the greatest country in the While the Republican plan has too Mr. TIERNEY. Mr. Speaker, Repub- world, then it seems to me we ought to many flaws to mention in 1 minute, its licans appear addicted to drug com- be able to provide prescription drug most glaring inadequacy is that it pany money. Why else would they try coverage to our seniors. Unfortunately, makes no provision for dealing with to fool the American people with a plan the Republican prescription drug plan the outrageous prices Americans pay written with the drug companies that that is going to be brought to the floor for prescription drugs. fails to cover over 90 percent of seniors, is best symbolized by the hole in the Apparently, Republicans and their that insurance companies say they will doughnut, too much cost for too little corporate sponsors in the brand-name not participate in because it is good coverage when compared with the drug industry do not believe high only for the wealthiest seniors with the Democratic alternative. prices are a problem. Yet last year, highest drug costs, that would have Take a look at the premiums: the prices for the 50 most prescribed drugs seniors pay out of pocket $3,800 per Democratic alternative, $25 fixed in for seniors have risen three times the year, and that does nothing to lower statute. The Republican premium, not rate of inflation, and the prices for the cost of prescription drugs? In fact, the Republican bill so distrusts the in statute, fluctuates. It may be $35. It some popular drugs rose by 10 times President’s Secretary of Health and may be $85. Probably at least $50. the rate of inflation. Last week I sought to introduce an Human Services that it forbids him to 1015 b amendment that would have reduced negotiate lower prices for seniors. Mr. Speaker, the Republican sham Clearly, the Democrat plan is better. drug prices for all Americans by reduc- bill is just an attempt to privatize pre- Deductible: Democrats, $100 deduct- ing patent abuse and enhancing market scription drug coverage in the same ible; Republicans, $200 deductible. competition. But the Republican lead- way they tried to privatize Social Se- Copay: Democrats, 20 percent; Repub- ership, which loves to champion the licans, after the first $1,000, 50 percent curity. It will not help most seniors, virtues of the free market, would not and it will not work. copay. Clearly, too much cost, too lit- even let the Committee on Commerce So while Republicans are busy cut- tle coverage. consider the amendment. ting taxes for less than 1 percent of the Finally, stop loss. Between $2,000 and If we need another reason, another wealthiest estates in America, they $3,700, and the taxpayer pays the bill. reason to oppose the Republican plan, trade off real prescription drug cov- There is no coverage, no protection which was written by and for the big erage, saying it is too expensive; and whatsoever. drug companies, let it be known that they offer a sham bill. Mr. Speaker, this is a bad plan, and the Republican plan does absolutely The Democrats have a plan to cover we ought to reject it in the land of the nothing to reduce drug prices. seniors. It is affordable, it is accessible great. f to all seniors, it allows the Secretary f PASS REPUBLICAN PRESCRIPTION to negotiate lower and fairer prices, HOOPS FOR HOPE DRUG PLAN and it is real. Mr. Speaker, let us defeat the Repub- (Mr. QUINN asked and was given per- (Mrs. CAPITO asked and was given lican sham privatization bill and pass mission to address the House for 1 permission to address the House for 1 the Democrats’ real deal for seniors. minute and to revise and extend his re- minute.) f marks.) Mrs. CAPITO. Mr. Speaker, the Mr. QUINN. Mr. Speaker, I started, House Prescription Drug Action Team DIRECT LINK BETWEEN ENERGY on September 11 of last year, to come and other leaders have been working POLICY AND NATIONAL SECURITY to the floor to make this presentation; very hard to provide a plan for a pre- (Mr. BLUNT asked and was given and of course, we all know what hap- scription drug benefit to all seniors. We permission to address the House for 1

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.004 pfrm12 PsN: H26PT1 H3934 CONGRESSIONAL RECORD — HOUSE June 26, 2002 minute and to revise and extend his re- misleading the American people on the minute and to revise and extend his re- marks.) debate over necessary prescription marks.) Mr. BLUNT. Mr. Speaker, the con- drug coverage for our seniors. To illus- Mr. SULLIVAN. Mr. Speaker, seniors ference on our energy bill passed in trate to my Democrat friends how our in the first district of Oklahoma and this House almost 1 year ago today is plan will help States, Kentucky has across America cannot afford the rising beginning soon. American consumers 615,000 Medicare beneficiaries and 50 cost of prescription drugs. In order to sent Iraq and Saddam Hussein more percent of these citizens are below the live within their budget, some skip a than $1.4 billion for oil in the first 4 175 percent of poverty level. In Ken- meal, some turn off their air-condi- months of this year. This is a corrupt tucky, a study estimates that State tioning, and some consume half the regime that pays the families of homi- Medicare savings under the Repub- prescriptions that they need. cide bombers $25,000 for their attack on lican-proposed prescription drug ben- Without a doubt, I believe the Repub- innocent victims in Israel. We are at efit would be $549 million in the fiscal lican prescription drug plan is the only war, and depending on Saddam Hussein years 2005 through 2012. plan that will give our seniors prescrip- for the fuel that powers our war on ter- In a time when seniors and State tion drug coverage they need at a cost rorism is untenable. governments are experiencing financial that the Nation’s budget can afford. Mr. Speaker, there is a direct link be- difficulty, our plan provides seniors The Republican prescription drug tween energy policy and our national with an affordable prescription drug plan provides a two-tiered approach security. That is why more than 80 per- benefit to Medicare and immediate sav- that allows seniors to start saving on cent of Americans want us to pass a ings. States also benefit by saving mil- their prescription drug bills imme- comprehensive energy plan that pro- lions of dollars in Medicaid beneficiary diately. By grouping seniors together, tects our national security while costs over the next several years. Medicare can negotiate discounts from strengthening our economy. Mr. Speaker, this plan is the only fis- manufacturers. This is projected to In 1992, we imported 32 percent of our cally-responsible choice for both sen- save seniors about 10 to 20 percent upon energy. Now, nearly 60 percent of our iors and government and should be sup- the signature of the President. energy is imported. We need an energy ported next week when it comes to a The second part of the plan will come policy. The conferees on the energy bill full vote in the U.S. House of Rep- as a comprehensive and voluntary begin meeting tomorrow. I urge them resentatives. Medicare-based prescription drug ben- to bring us legislation to increase our The Democrat plan remains an $800 efit. The Republican plan will signifi- energy independence, create jobs, and billion boondoggle; and I encourage, as cantly reduce the costs of prescriptions strengthen our economy, Mr. Speaker. we continue this debate, full support of and save seniors approximately 70 per- f the Republican plan. cent of their out-of-pocket drug costs. f The House Republican prescription SUPPORT THE MEDICARE PRE- drug plan will work for seniors today, SCRIPTION DRUG BENEFIT AND OMNIBUS CORPORATE RESPONSI- tomorrow, and for the rest of their DISCOUNT ACT BILITY AND RESTORATION ACT lives. I urge my colleagues to support (Mr. LANGEVIN asked and was given (Ms. JACKSON-LEE of Texas asked this bill. permission to address the House for 1 and was given permission to address f minute.) the House for 1 minute and to revise Mr. LANGEVIN. Mr. Speaker, Con- and extend her remarks.) PROVIDING FOR CONSIDERATION gress must add meaningful prescription Ms. JACKSON-LEE of Texas. Mr. OF H.R. 4598, HOMELAND SECU- drug coverage to Medicare. Prescrip- Speaker, when hit, most of RITY INFORMATION SHARING tion drugs can cost as much as $500 per America thought that this was an ex- ACT month; and in Rhode Island alone, ception, a company that had not done Mr. GOSS. Mr. Speaker, by direction 200,000 seniors lack drug coverage. right, that deserved to be reprimanded, of the Committee on Rules, I call up A study I commissioned last year and that we would go forward. Sadly, House Resolution 458 and ask for its found that the uninsured elderly in the there has been an announcement that immediate consideration. district of Rhode Island pay an average there has been a rollcall of the cor- The Clerk read the resolution, as fol- of 78 percent more for the most com- porate elite violating the laws of this lows: monly used prescription drugs than do Nation and throwing America’s invest- H. RES. 458 seniors in foreign countries. ment community into a sense of doubt Resolved, That at any time after the adop- That is why I support the Medicare and shame. tion of this resolution the Speaker may, pur- Prescription Drug Benefit and Dis- It is time now to take a very forceful suant to clause 2(b) of rule XVIII, declare the count Act which adds a new part D in and firm stand against corporations House resolved into the Committee of the Medicare that provides voluntary pre- that violate the law and hurt the Whole House on the state of the Union for American people, people who have lost consideration of the bill (H.R. 4598) to pro- scription drug coverage for all bene- vide for the sharing of homeland security in- ficiaries. It includes a premium of just their pensions, people who have lost ev- formation by Federal intelligence and law $25 a month, which would be subsidized erything, people who are unable to pay enforcement agencies with State and local for low-income seniors. It has a $2,000 for their rent, their mortgages, their entities. The first reading of the bill shall be out-of-pocket limit per beneficiary per college tuitions of their children. dispensed with. All points of order against year. Mr. Speaker, I intend to offer the consideration of the bill are waived. General In contrast, the Republican plan Omnibus Corporate Responsibility and debate shall be confined to the bill and shall would require high out-of-pocket costs Restoration Act. Once and for all, it is not exceed one hour, with 40 minutes equally for seniors while offering low benefits. an omnibus bill that gets rid of insider divided and controlled by the chairman and We must ensure that seniors do not trading, that provides us a firewall be- ranking minority member of the Permanent Select Committee on Intelligence and 20 have to choose between food or rent tween accounting firms that consult minutes equally divided and controlled by and getting their prescriptions filled. and do accounting, that protects the the chairman and ranking minority member We must provide meaningful drug cov- pension plans of this Nation, and pro- of the Committee on the Judiciary. It shall erage. tects employees who can be taken ad- be in order to consider as an original bill for f vantage of by a company filing bank- the purpose of amendment under the five- ruptcy and then terminating thousands minute rule the amendment in the nature of SUPPORT FISCALLY-RESPONSIBLE of employees. a substitute recommended by the Committee REPUBLICAN PRESCRIPTION Mr. Speaker, it is time to stand up on the Judiciary now printed in the bill. DRUG PLAN against corporate criminal activity. Each section of the committee amendment (Mr. FLETCHER asked and was given in the nature of a substitute shall be consid- f ered as read. All points of order against the permission to address the House for 1 committee amendment in the nature of a minute and to revise and extend his re- SUPPORT REPUBLICAN PRESCRIPTION DRUG PLAN substitute are waived. During consideration marks.) of the bill for amendment, the Chairman of Mr. FLETCHER. Mr. Speaker, the (Mr. SULLIVAN asked and was given the Committee of the Whole may accord pri- Washington Democrats, once again are permission to address the House for 1 ority in recognition on the basis of whether

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.006 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3935 the Member offering an amendment has every and all bad things looming in the A footnote right here, and a com- caused it to be printed in the portion of the future, but it gives us a tool for trans- pliment to the distinguished chair- Congressional Record designated for that mitting known facts and information person of the Permanent Select Com- purpose in clause 8 of rule XVIII. Amend- mittee on Intelligence and, in the other ments so printed shall be considered as read. about terrorist activity to capable, au- At the conclusion of consideration of the bill thorized people who are in position to body, the Senator from Florida who for amendment the Committee shall rise and act on the front lines across America. chairs the concomitant committee in report the bill to the House with such The tragic events of September 11 the Senate, for having sponsored a pro- amendments as may have been adopted. Any have caused us to reevaluate how we go gram in Orlando that I was fortunate Member may demand a separate vote in the about protecting our Nation and our enough to attend with both of them House on any amendment adopted in the people. We are dealing with a visionary that deals specifically in part, or dealt Committee of the Whole to the bill or to the new homeland security structure, we with, in part, the facts having to do committee amendment in the nature of a with first responders and local commu- substitute. The previous question shall be are dealing with necessary reform at considered as ordered on the bill and amend- the FBI, we are dealing with 9–11 re- nities. ments thereto to final passage without inter- views, we are dealing with reform of I think to the extent that Florida vening motion except one motion to recom- the intelligence community, and some will become a bellwether State, the mit with or without instructions. inevitable changes in our intelligence beacon light was shed by the informa- tion that was provided at that con- b 1030 community capabilities and manage- ment. ference due to the two chairs of the in- The SPEAKER pro tempore (Mr. So we have a great many things on telligence community. I, for one, as a RYAN of Wisconsin). The gentleman our plate. But, in the meantime, there Floridian and as a Member of this from Florida (Mr. GOSS) is recognized is no reason why we should not, and body, am grateful and indebted to for 1 hour. every reason why we should, support a them. Mr. GOSS. Mr. Speaker, for purposes Mr. Speaker, while some may be con- of debate only, I yield the customary 30 good rule and a good piece of legisla- tion that will help us get some interim cerned that this legislation greatly minutes to the distinguished gen- widens the pool of people with access tleman from Georgia, or from Florida activity that will heighten safety for every man, woman, and child in the to intelligence information, let me (Mr. HASTINGS), my colleague and country. That is something that we all note that this bill provides very ade- friend, pending which I yield myself quate safeguards to protect the rights such time as I may consume. During want. Mr. Speaker, I reserve the balance of of individuals and groups. consideration of this resolution, all For example, the bill protects the time is for purposes of debate only. my time. Mr. HASTINGS of Florida. Mr. constitutional and statutory rights of Mr. Speaker, the legislation before us individuals by requiring that any infor- is an open rule providing for the con- Speaker, I yield myself such time as I may consume. mation that is shared must not be used sideration of H.R. 4598, the Homeland for any unauthorized purpose. Simi- Security Information Sharing Act. Mr. Speaker, I thank my good friend, the gentleman from the east coast, I larly, the information sharing proce- This is a fair rule that will allow dures mandated by the bill must ensure thoughtful discussion on a topic that mean coast, of Florida, the distin- guished chairman of the Permanent Se- the security and confidentiality of in- has become crucial to our national se- formation as well as redact or delete curity. lect Committee on Intelligence, for yielding time to me. Since he almost obsolete or erroneous information. I do not think there is anything con- Last, this legislation, like the PA- put me in Georgia, I decided to put him troversial in any way about any of the TRIOT Act before it, brings with it new on the east coast of Florida. elements of the rule, which were so modes of intelligence sharing and new Mr. Speaker, I rise in support of this well read by the Clerk, and I do not congressional oversight responsibil- rule and in support of the underlying think there is any point in repeating ities. Just as we are compelled to in- bill, the Homeland Security Informa- all of that. crease our intelligence-sharing capac- tion Sharing Act. I am proud to have Mr. Speaker, this is a good open rule ity in the wake of the tragedy of Sep- worked with the Subcommittee on Ter- on an important subject. Dealing with tember 11, so, too, are we compelled to rorism and Homeland Security chair- information sharing is critical to our ensure that these new government persons, the gentleman from Georgia ability to prevent bad things from hap- powers do not erode our precious civil (Mr. CHAMBLISS) and the ranking mem- pening in homeland America. That is rights and civil liberties. the challenge that is before us today. ber, the gentlewoman from California Again, for all of the reasons I have I have to congratulate the chairman (Ms. HARMAN), on this bill; and I am just outlined, I support this bill and I and the ranking member of the Sub- proud to be an original cosponsor of support this fair, open rule which al- committee on Terrorism and Homeland this important legislation. lows its consideration today. Security of my Permanent Select Com- Mr. Speaker, H.R. 4598 requires Fed- Mr. Speaker, I reserve the balance of mittee on Intelligence, the gentleman eral intelligence agencies to share rel- my time. from Georgia (Mr. CHAMBLISS) and the evant homeland security information Mr. GOSS. Mr. Speaker, I yield my- gentlewoman from California (Ms. with designated local police and emer- self such time as I may consume. HARMAN), for their work on this timely gency first response personnel. Fur- Mr. Speaker, I am from the west piece of legislation. thermore, this bill instructs the Direc- coast of Florida. We will get this right. Mr. Speaker, this bill starts us down tor of Central Intelligence and the At- Florida is south of Georgia. The gen- a road that we must travel to make torney General to draft guidelines for tleman from the east coast of Florida sure all our forces are cooperatively the dissemination of this information. just made an eloquent speech for which engaged for national security. H.R. 4598 All such information and the systems I am most grateful, and I appreciate would promote the sharing of critical used to disseminate it are to be open to the kind remarks. I will return them homeland security threat information Federal intelligence, Federal law en- from the west coast of Florida to the between Federal law enforcement and forcement, and congressional review. east coast of Florida. intelligence agencies with State and Mr. Speaker, this legislation is time- It was always a privilege to have the local officials in place to protect and ly indeed. At a moment when State and gentleman on our Permanent Select defend the American public. local law enforcement and emergency Committee on Intelligence. We look Can Members imagine how much response personnel are being forced to forward to his return. We enjoy work- safer our country can be if local first prepare for unprecedented threats to ing with him on the Committee on responders like police officers and sher- the safety and security of their com- Rules, in the meantime. It is a dif- iffs have Federal information at their munities, they cannot be left in the ferent kind of work than the Perma- fingertips that enables them to pin- dark. Local first responders must have nent Select Committee on Intelligence. point and thwart evildoers before trag- access to timely and detailed informa- Mr. HASTINGS of Florida. Mr. edies occur? tion about any terrorist threats in Speaker, I yield 2 minutes to the dis- Mr. Speaker, this bill may not pro- order to adequately serve their commu- tinguished gentlewoman from Texas vide a crystal ball that forewarns us of nities. (Ms. JACKSON-LEE).

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.002 pfrm12 PsN: H26PT1 H3936 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Ms. JACKSON-LEE of Texas. Mr. RECESS Mr. Chairman, first of all, I would Speaker, I appreciate the distinguished The SPEAKER pro tempore (Mr. like to thank the distinguished chair- gentleman from Florida and the distin- SMITH of Texas). Pursuant to clause 12 man of the House Permanent Select guished gentleman from Georgia. I of rule I, the Chair declares the House Committee on Intelligence for the want to thank them. I will soon be rep- in recess for approximately 10 minutes. great work that he and the ranking rimanded on the floor. I am using my Accordingly (at 10 o’clock and 42 member, the gentlewoman from Cali- time. Let me thank the two distin- minutes a.m.), the House stood in re- fornia (Ms. PELOSI), have done in lead- guished gentlemen from Florida for cess for approximately 10 minutes. ing our Permanent Select Committee their leadership on this issue. on Intelligence, not just post-Sep- f Mr. Speaker, let me applaud the pro- tember 11, but even before that. ponents of this legislation, particularly b 1056 The gentleman from Florida (Mr. in the testimony they gave before the AFTER RECESS GOSS) has been a very level-headed in- dividual, who has carried us forward in Committee on the Judiciary, of which I The recess having expired, the House some difficult times with respect to am a member. I want to add my sup- was called to order by the Speaker pro dealing with our intelligence commu- port to the rule and am gratified that tempore (Mr. SMITH of Texas) at 10 nity; and since September 11 he has it is an open rule. o’clock and 56 minutes a.m. particularly provided the strong lead- Mr. Speaker, I would like to share f with my colleagues that I think one of ership that this Congress needed and the more important points that we can GENERAL LEAVE that this Nation has needed in order to make as we move toward making this Mr. GOSS. Mr. Speaker, I ask unani- be able to ensure the American people country a safer place to live, and recog- mous consent that all Members may that Congress and our intelligence nizing that we have turned the page of have 5 legislative days within which to community is doing everything we pos- history on September 11, is the ability revise and extend their remarks on H. sibly can to ensure that another act to share viable and important informa- Res. 458, the legislation just passed. like September 11 never occurs again. tion with our local responders, if you The SPEAKER pro tempore. Is there b 1100 will, or the local leaders that will pro- objection to the request of the gen- Since September 11 of last year, Con- vide the home-based security. tleman from Florida? gress has enhanced the capabilities of With that in mind, I intend to offer There was no objection. the Federal, State and local officials to an amendment, a friendly amendment, f prepare and respond to acts of ter- that I hope my colleagues will consider HOMELAND SECURITY rorism. Information sharing is the key favorably, and that is to ensure proce- INFORMATION SHARING ACT to cooperation and coordination in dures that will allow the information homeland security, and it has become from government whistle-blowers to be The SPEAKER pro tempore. Pursu- ant to House Resolution 458 and rule abundantly more clear that better in- able to be shared within the confines of formation sharing among government the regulations that may be designed XVIII, the Chair declares the House in the Committee of the Whole House on agencies and with State and local offi- by the President of the United States cials needs to be a higher priority. of America. the State of the Union for the consider- ation of the bill, H.R. 4598. The intelligence community of the Mr. Speaker, I hope in this context Federal Government does a great job of we will recognize that information may b 1057 gathering information on terrorist ac- come from a variety of sources, and we IN THE COMMITTEE OF THE WHOLE tivity, but we do a very poor job of would hope the President would then Accordingly, the House resolved sharing that information both hori- design for us the best way that that in- itself into the Committee of the Whole zontally and vertically within our formation should be shared. The idea is House on the State of the Union for the agencies and with State and local offi- to make sure that our Nation is safe, to consideration of the bill (H.R. 4598) to cials. do it with cooperative and collabo- provide for the sharing of homeland se- In the public hearings which our Sub- rative efforts, but also to protect the curity information by Federal intel- committee on Terrorism and Homeland integrity of the information we need to ligence and law enforcement agencies Security held last September and Octo- secure those in the homeland. with State and local entities, with Mr. ber, we heard a recurring theme from This amendment, as I said, is offered RYAN of Wisconsin in the chair. witnesses ranging from in a friendly context to recognize the The Clerk read the title of the bill. Mayor Rudolph Guiliani to Oklahoma importance of information that comes The CHAIRMAN. Pursuant to the Governor Frank Keating. They stressed from those who would be willing to rule, the bill is considered as having the importance of an increased level of provide us the truth. I think as we been read the first time. information sharing between Federal move forward we have all determined Under the rule, the gentleman from intelligence and law enforcement agen- that the key element for safety in- Florida (Mr. GOSS) and the gentleman cies and local and State law enforce- volves finding out the facts and the from Indiana (Mr. ROEMER) each will ment agencies. truth. control 20 minutes. The gentleman Governor Keating even told us a Mr. HASTINGS of Florida. Mr. from Wisconsin (Mr. SENSENBRENNER) story about his State Adjutant Gen- Speaker, I yield back the balance of and the gentleman from Virginia (Mr. eral, a gentleman that he appointed, my time. SCOTT) each will control 10 minutes. who informed the governor he could Mr. GOSS. Mr. Speaker, I yield my- The Chair recognizes the gentleman not share some information with him self such time as I may consume. from Florida (Mr. GOSS). because, as governor, he did not have the right security clearance. Mr. Speaker, I appreciate the re- Mr. GOSS. Mr. Chairman, I yield the The case in Oklahoma is no excep- marks of my colleague, the gentleman balance of my time to the distin- tion. These same types of communica- from the east coast of Florida (Mr. guished gentleman from Georgia (Mr. CHAMBLISS), and I ask unanimous con- tion gaps exist in every State, includ- HASTINGS). Actually, we do note there ing my home State of Georgia. The re- is an east and west, we are one State sent that he be allowed to control the sult is that sheriffs and local officials together, and proud to know each time that is allowed to us on behalf of do not have the same information as other. the House Permanent Select Com- mittee on Intelligence. the governor, who does not have the Mr. Speaker, I yield back the balance The CHAIRMAN. Is there objection same information as the FBI, who does of my time, and I move the previous to the request of the gentleman from not have the same information as other question on the resolution. Florida? local officials. The previous question was ordered. There was no objection. As we fight this war on terrorism, we The resolution was agreed to. Mr. CHAMBLISS. Mr. Chairman, I must make certain that relevant intel- A motion to reconsider was laid on yield myself such time as I may con- ligence and sensitive information re- the table. sume. lating to our national security be in

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.012 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3937 the hands of the right person at the Mr. GOSS. Mr. Chairman, I thank the lect Committee on Intelligence, Sub- right time to prevent another attack distinguished chairman of the sub- committee on Terrorism and Homeland and more needless loss of life. Critical committee for yielding. Security, some months ago. This bill, homeland security information which I wanted to take just a second to like our subcommittee, is a bipartisan Federal agencies and departments col- briefly thank publicly the chairman of effort, and I appreciate his cooperation lect need to be quickly disseminated to the subcommittee and the ranking and real leadership. State and local law enforcement offi- member, the vice chairman of the com- Our subcommittee held a hearing last cials and others who play key roles in mittee, for doing extraordinary work October in New York City to learn the protecting our communities. on behalf of our Nation on the subject first lessons of the September 11 trage- For these reasons, the gentlewoman of terrorism and homeland security. dies. Former Mayor tes- from California (Ms. HARMAN) and I, This really was the first body in Con- tified that our critical priority should along with several of our colleagues, gress that dealt with this subject after be to get information on terrorist ac- including the leadership of the Perma- the tragedies of 9–11. They have done tivities to mayors and local responders. nent Select Committee on Intelligence an amazing job of gathering material, In addition, the National League of as well as the gentleman from Wis- having the right kind of hearings, talk- Cities, several first responder associa- consin (Mr. SENSENBRENNER), the chair- ing to the right type of people. tions and my governor, Gray Davis of man of the Committee on the Judici- We have a report that I guess is going California, agree and support this ef- ary, and the gentleman from Texas through classification review or some- fort to get information into the hands (Mr. SMITH), the chairman of the Sub- thing at this point to make sure we can of those who need it; and not only to committee on Crime, introduced the get as much as possible available to the get the information there but, hope- Homeland Security Information Shar- public as we can do, but this has been fully, to give them information on ing Act. hard work. It has been well managed, what to do in the event of a terrorist This bill will help to eliminate the and it shows Congress doing something threat or terrorist attack. stovepipes that exist in the intel- positive when there is a critical need ligence and law enforcement worlds for the people of the United States. That is what our bill does. It directs with respect to sharing of vital infor- So I want to return very much the the President to create new procedures mation and will assist officials across compliment of the distinguished gen- to share information on terrorist threats across the Federal government government to communicate with each tleman from Georgia (Mr. CHAMBLISS), other. Our bill will increase the level of the gentlewoman from California (Ms. and down to the local government and first responders. After these provisions cooperation between State, local and HARMAN), and thank them very much Federal law enforcement officials. Only for the fine work. They do the Perma- are put in place, police, fire, public when these organizations begin com- nent Select Committee on Intelligence health, EMTs and other first respond- municating on a more regular basis proud. ers will know when the FBI or the CIA and sharing the information that they Mr. CHAMBLISS. Mr. Chairman, I has critical information on a threat to have with each other in relevant com- thank the gentleman for his remarks. their communities. munities can we begin to effectively Mr. Chairman, I reserve the balance Governor Tom Ridge, in talking prepare for and defend ourselves of my time. about the new Department of Home- against future attacks. Mr. ROEMER. Mr. Chairman, I ask land Security, says all the time that I have traveled all across my State of unanimous consent that the gentle- homeland security begins with home- Georgia and listened to the concerns of woman from California (Ms. HARMAN) town security, and that is what we are many of our community leaders and be allowed to manage the time on this talking about. This information will emergency responders, and I am more bill. She is one of the valuable mem- empower the local communities to pro- convinced than ever that we must pass bers of the Permanent Select Com- tect themselves. this legislation. Our police officers, our mittee on Intelligence and one of the The information will supplement the firefighters, our sheriffs and other local key authors, along with the gentleman administration’s homeland security ad- emergency officials need to be in- from Georgia (Mr. CHAMBLISS). visory system by giving responders ac- formed about the threats that may The CHAIRMAN. Is there objection tionable information. If, for example, exist to their communities. to the request of the gentleman from the CIA uncovers a threat to Califor- Georgia sheriffs like John Cary Indiana? nia’s suspension bridges, that threat Bittick of Monroe County, who serves There was no objection. information will be relayed to the gov- as the president of the National Sher- Ms. HARMAN. Mr. Chairman, I yield ernor, to mayors, to police, to Coast iffs Association, or Bill Hutson of Cobb myself such time as I may consume. Guard and transportation officials in County need to know when there is in- I thank the gentleman from Georgia California. Local teams can then react formation relevant to their community (Mr. CHAMBLISS) with whom I have had in a systematic, intelligent way to pre- that will help them do their jobs better a long and productive partnership on vent the threat and notify the public and prevent any type of terrorist at- the House Permanent Select Com- appropriately. mittee on Intelligence. I would also tack. This bill has the support of all The Homeland Security Information like to thank the chairman of the full major law enforcement groups and Sharing Act recognizes two realities, committee for the comments he just other organizations of local officials. that sharing of information is more ef- made. He is graceful, he is competent, The events of September 11 left us fective when unclassified and that we he is bipartisan, and I think much of staring into the eyes of our own short- do not need to reinvent the wheel. comings. In the days following, we the progress we have been able to make began to connect the scattered and on this problem and many others has Intelligence on terrorist threats col- vague messages that in hindsight to do with the kind of leadership he ex- lected by our intelligence community seemed to point to the devastation, but hibits as the chairman of the full com- will be classified. The first responders, hindsight is 20/20. Now we must take mittee, and I really want to say to the the feet on the ground, do not need to the information and move forward. We gentleman from Florida (Mr. GOSS) know how it was collected. They need must act, and our bill will go a long that I am one of his biggest admirers. to know what to do with it. That is way toward helping our law enforce- For those wondering, Mr. Chairman, why the bill relies on stripping the sen- ment officials protect us by giving what Congress’ response to the intrac- sitive sources and methods and trans- them the tools they need to better pro- table problem of information sharing mitting the information through un- tect us. is, the answer starts with this vote. I classified means. I urge my colleagues to join me in am pleased to speak on behalf of H.R. Not only does this get critical infor- supporting this important legislation. 4598, the Homeland Security Informa- mation out to our States and cities, it Mr. GOSS. Mr. Chairman, will the tion Sharing Act of 2002. I introduced protects the dedicated workers of our gentleman yield? this legislation with the gentleman intelligence community. It prevents Mr. CHAMBLISS. I yield to the gen- from Georgia (Mr. CHAMBLISS), the leaks of classified information, and it tleman from Florida. chairman of the House Permanent Se- saves every police and fire department

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.017 pfrm12 PsN: H26PT1 H3938 CONGRESSIONAL RECORD — HOUSE June 26, 2002 across the country from having to in- risking his life from the State police to before this body, and I thank her for vest in security clearance investiga- go undercover to help us solve it. We her hard work. tions and special facilities for handling had meetings with general counsel and This is important for our rural and secret information. a room full of lawyers trying to figure urban communities that want to par- In addition, Mr. Chairman, the out if this was the right thing and what take in preventing terrorism in the fu- United States already shares intel- information could we or should we, and ture, and so I rise in strong support of ligence with our allies. The legislation we always erred on the side of caution, this legislation and want to thank the directs use of existing technology used saying we better not share that infor- chairman of the Committee on the Ju- in sharing information with NATO al- mation. diciary, the gentleman from Wisconsin lies and Interpol. These techniques will This bill helps eliminate those very (Mr. SENSENBRENNER) and the gen- be borrowed and used after this legisla- ridiculous rules that for years put fear tleman from Michigan (Mr. CONYERS), tion becomes law. The information can in the agents who are trying to do the and particularly the gentleman from then be shared through existing infor- right thing. That is why this bill is so New York (Mr. WEINER), for their sup- mation sharing networks, such as important. It will empower agents port in helping improve the legislation NLEST, the National Law Enforcement there through their own good judgment as well. Telecommunications System or the and common sense to deliver the infor- My reading of this legislation, Mr. Regional Information Sharing Sys- mation that they need and they know Chairman, reveals that it is quite sim- tems. These systems already reach they need to deliver to our local law ple and quite productive in what it 18,000 law enforcement offices across enforcement, our local sheriff offices, does. It says to the President of the the country. our local State police institutions, United States that he must help us de- Mr. Chairman, I urge our colleagues other Federal agencies. This bill will vise a system to share information to support H.R. 4598. It is the right bill make that difference and will take from the Federal, national, level with at the right time. We take the step to- down the fear that these agents have of our local communities. wards solving the problems we faced on losing their jobs or worse, in some We have seen some of the problems in 9–11 today. It starts with this bill. It cases losing everything they have communication between the FBI and starts now. I thank the gentleman through civil liability. the CIA, between national and local from Georgia (Mr. CHAMBLISS) for au- This bill is that important, Mr. field offices, and this will help change thoring the bill with me. Chairman, and I, again, I cannot tell the culture and deal with the hurdles Mr. Chairman, I reserve the balance my colleague, from the agents that I and some of the barriers that have been of my time. have talked to, how important this bill put up in the past to make this system Mr. CHAMBLISS. Mr. Chairman, I is and what freeing ability this is going work better in the future. am pleased to yield 3 minutes to the to have to them to in a responsible way We also see that the President has gentleman from Michigan (Mr. ROG- communicate the kinds of information two steps that he can take in devising ERS), a former FBI agent. that is going to make it safer for fire- this system: one is to declassify infor- Mr. ROGERS of Michigan. Mr. Chair- fighters and EMT folks out there, for mation, to declassify this information man, I would like to thank the gen- emergency room workers who are and, therefore, make it more shareable, tleman from Georgia for yielding me going to deal with some of these trage- if that is a word, a better sharing sys- the time, and I want to commend him dies, for every level of law enforcement tem with the local community; sec- on his work and his leadership on this in this country. ondly, is to provide clearances for the issue, and I have to tell him, as an This is that last bastion, that last local community so that they can get agent who worked in the field, next to hurdle that is going to stop us from this information, glean from it, get it the PATRIOT Act and I think at equal doing good things. Had this bill been in out, and hopefully prevent the next stature is this bill. I think the bill is place, we could have shared a lot of in- terrorist act from happening. that important to the future security formation with the State police and I think this is very important, very of the United States of America. I want maybe even broadened our net a little intelligent; and I think the gentleman to again applaud him from every agent bit and protected him to a degree that from Georgia (Mr. CHAMBLISS) and the in the field who is struggling to make we really were not allowed under the gentlewoman from California (Ms. a difference today. This bill will make law to do when I was an FBI agent. HARMAN) have really come up with a a difference for the safety and security Again, I would hope that this body good system to provide a way to fill in of this Nation. would have quick action on this bill some of the gaps and the seams and the I want to tell this story. We often and stand up and salute the work of all, holes that exist in the current system. forget, and sometimes in this town we from the minority to the majority I do want to say that I think this leg- are so quick to find a villain we forget party, who worked so hard on this bill islation also answers two important about finding the solution. Over time to make a difference for this country questions for the future. One is we have what we have done to the agents in the and the agents that are doing the work. a lot of information out there. How do field was, and we would hear the argu- we make this information knowledge? ments, well, they are not cooperating b 1115 How do we provide this information so because one agency thinks they are Ms. HARMAN. Mr. Chairman, I yield it is actionable for our local commu- better than the other. Simply not so. 3 minutes to my colleague, the gen- nities rather than simply a color code When we were agents, there are bar- tleman from Indiana (Mr. ROEMER), of red or yellow? How does this infor- riers that were put in place that pro- who is a member of our subcommittee mation get translated into actionable hibited us from communicating infor- and one of our hardest-working part- information that helps the local com- mation to local law enforcement offi- ners on issues like these. munity move forward to prevent ter- cials. I had a case as a new agent where (Mr. ROEMER asked and was given rorist activity? I was able to work a State police offi- permission to revise and extend his re- The second question is how do we de- cer undercover into a group of self-pro- marks.) vise this system for the homeland secu- claimed anarchists who were going to Mr. ROEMER. Mr. Chairman, I want rity department to actually implement do some damage by building bombs and to first of all commend the gentleman this in the future? The more informa- delivering these bombs to kill Federal from Georgia (Mr. CHAMBLISS) and the tion we get out there on these merging judges in institutions owned and oper- gentlewoman from California (Ms. questions, the integration questions, ated by the Central Intelligence Agen- HARMAN) for their hard work on this bi- the intelligence and analytical ques- cy. partisan legislation. The gentleman tions for the homeland security depart- Here is the dichotomy we got into. from Georgia has been a leader from ment, the more we have to move intel- Because of the information we were de- his position on the subcommittee, and ligently and wisely to get it right, veloping in this case, we were not al- the gentlewoman from California has rather than simply moving to get it lowed by law, by rule, to share some of shown dogged determination and real done by September 11. the information that we were devel- intellectual insight in helping craft This is a very, very big question for oping with the very agent who was this legislation and putting it forward us in the future, and I hope that this

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.019 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3939 legislation will help us move forward Federal agencies to determine the ex- goes without saying that the Federal to get the homeland department right tent to which classified and unclassi- Government must be able to provide in the future; and so again I congratu- fied, but sensitive, information may be homeland security information to late the gentlewoman from California shared with State and local officials on those officials. H.R. 4598, as amended, and the gentleman from Georgia. a need-to-know basis. will help to disseminate homeland se- Mr. SENSENBRENNER. Mr. Chair- To share this information with State curity information quickly and effi- man, I yield myself such time as I may and local officials, Federal agencies ciently while protecting classified consume. must use information-sharing systems sources and methods information. Mr. Chairman, this country is at war that are capable of transmitting both This legislation is vital to improving against a craven enemy: terrorists. unclassified and classified information homeland security, and I urge my col- Their main purpose is to kill Ameri- in a restricted manner to specified sub- leagues to support it. cans, whether they are babies or the el- groups and be accessible to the appro- Mr. Chairman, I reserve the balance derly. We know that this enemy is liv- priate State and local personnel and of my time. ing here in the United States as well as Federal agencies. Mr. CHAMBLISS. Mr. Chairman, I abroad. During consideration of H.R. 4598, the yield 1 minute to the distinguished As a result, this country is at war Committee on the Judiciary adopted gentleman from Florida (Mr. FOLEY). with no borders or fronts. Thus, it will an amendment to ensure that the new Mr. FOLEY. Mr. Chairman, let me often be the first responders, local po- procedures contained adequate privacy first thank the chairman of the Com- lice, firefighters, emergency respond- protections. The bill directs the Presi- mittee on the Judiciary for that out- ers, that will confront this enemy when dent to include conditions in the proce- standing explanation of the bill, and I we are threatened or attacked at home. dures that, first, limit the redissemina- thank my colleagues, the gentleman First responders, however, cannot tion of such information to ensure that from Georgia (Mr. CHAMBLISS) for his adequately prepare and respond to such the information is not used for an un- expert opinion on this issue and his threats without receiving appropriate authorized purpose; second, ensure the hard work and dedication, and I want threat information, nor will the Fed- security and confidentiality of such in- to take a moment to single out two eral Government be able to respond ap- formation; third, protect the constitu- Floridians. propriately without receiving informa- tional and statutory rights of any indi- There has been a lot of concern about tion from State and local officials. We viduals who are subject to such infor- terrorist activities in our country, and must have a comprehensive informa- mation; and, fourth, provide data in- some people have been second-guessing tion-sharing system that involves all tegrity through the timely removal some of our great agencies. There have levels of government. and destruction of obsolete or erro- been two notable Floridians, Senator In order to better be able to prevent, neous names and information. BOB GRAHAM and the gentleman from Additionally, the committee adopted disrupt, and respond to a terrorist at- Florida (Mr. GOSS), who are Chairs of an amendment which was a modified tack, the Federal Government must the Permanent Select Committee on version of H.R. 3285, the Federal Local improve, first, information sharing; Intelligence on the House side and the Information Sharing Partnership Act second, analysis of the information; Senate Select Committee on Intel- of 2001, a bill introduced by the New and, third, coordination. All three are ligence on the Senate side, and I have York delegation. This amendment ex- interdependent and vital for a strong to praise them for their handling of tends the information-sharing provi- homeland security system. this information and the way they sions in the PATRIOT Act to State and Congress recognized the information- have been able to work together as col- local officials. Currently, Federal offi- sharing problems immediately after 9– leagues across the aisle and across the cials cannot share surveillance and in- 11 and passed the U.S.A. PATRIOT Act Chambers in trying to develop a com- telligence information with State and that provided for enhanced investiga- prehensive terrorism strategy and a local officials. This amendment allows tive tools and improved information homeland security strategy. for such sharing. sharing for the Federal law enforce- Current law does allow a Federal I also want to applaud the agencies ment and intelligence communities. Government attorney to disclose, with themselves. It is time that America The enhanced law enforcement tools a court order, grand jury information lifts up its heart and wishes the best and information-sharing provisions to State and local officials related to for every agency and every American, have assisted in the prevention of ter- Federal criminal law matters. The rather than the cynical second-guess- rorist activities and crimes which fur- amendment expands the type of grand ing of people and the Monday morning ther such activities. jury information available for sharing quarterbacking and the reflections in To protect privacy, the PATRIOT to include information pertaining to the rear-view mirror. Let us look for- Act, first, limited disclosure to foreign foreign intelligence, foreign counter- ward as a Nation to provide for the intelligence and counterintelligence in- intelligence, foreign intelligence infor- common defense, to protect our com- formation, as defined by statute; sec- mation, and domestic threat informa- munities, to salute the fine men and ond, restricted disclosure to only those tion. Domestic threat information is women who make up these agencies. officials with the need to know the in- not covered in the U.S.A. PATRIOT Let us not sit here and have a pity formation in the performance of their Act. This information needs to be cov- party. Let us work together. duties; and, third, maintained the lim- ered, but often it is not clear as to I also want to commend the gentle- its on public or other unauthorized dis- whether threats result from inter- woman from California (Ms. HARMAN), closure. national or domestic terrorism. The who has done a tremendous job ex- What the PATRIOT Act did not do amendment also authorized Federal plaining on national network some of was address the need to share home- criminal law information to be shared the intricacies of what we are dealing land security information with State with foreign officials with court ap- with. I know my constituents are very, and local officials. The process by proval. very pleased and proud when they see which Federal agencies share informa- The amendment contains safeguards Democrats and Republicans explaining tion with State and local officials is against the misuse of grand jury infor- to the American public what we are complicated due to the classified and mation. The information may only be doing relative to homeland security, to sensitive nature of much of the infor- disclosed for the specified purpose of give us security, to make us feel bet- mation and the need to provide the preventing and responding to a threat. ter, and to also let us know we are States and localities with this informa- Additionally, recipients may only use fighting terrorism. tion in an expedient manner. the disclosed information in the con- Ms. HARMAN. Mr. Chairman, I yield This bill helps to address this per- duct of their official duties as is nec- 2 minutes to the gentleman from Geor- plexing issue. This important legisla- essary, and they are subject to the re- gia (Mr. BISHOP), another member of tion was reported out of the Committee strictions for unauthorized disclosures, our committee and I will also thank on the Judiciary on June 13, 2002, after including contempt of court. him for his leadership, and, at the same an extensive markup. It requires the State and local officials will be the time, thank my colleague from Florida President to establish procedures for first to respond to a terrorist attack. It for his kind comments.

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.021 pfrm12 PsN: H26PT1 H3940 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Mr. BISHOP. Mr. Chairman, I rise in the barriers for doing so. The discre- communities so they are able to pre- strong support of this bill, H.R. 4598. tion will still remain with the Federal pare and protect those in their commu- Mr. Chairman, the great failure of entity that possesses the information. nities. September 11 was our failure to me- This bill as amended and reported out H.R. 4598 ensures that information thodically analyze and share among of the Committee on the Judiciary fo- sharing, both horizontally and our Federal and local authorities crit- cuses on procedures to strip out classi- vertically, exists by directing the ical intelligence information. The task fied information so that State and President to develop procedures by before Congress today is to provide local officials may receive the informa- which Federal agencies will share secu- greater transparency in the informa- tion without clearances. rity information with State and local tion-sharing process so that police offi- The bill also removes the barriers for personnel. Further, it ensures that in- cers, sheriffs, elected officials and State and local officials that prevent formation-sharing systems have the ca- other emergency responders can ex- them from sharing intelligence infor- pability to transmit classified and un- change vital information while also mation with Federal officials. classified information. protecting the critical sources and The September 11 terrorist attacks Mr. Chairman, I thank the gentleman methods that are used in gathering made it clear that the Federal Govern- from Georgia (Mr. CHAMBLISS) and the such information. ment must improve its ability to col- gentlewoman from California (Ms. The bill before us today, the Home- lect, share and analyze information. HARMAN) for their hard work on this land Security Information Sharing The USA PATRIOT Act and this bill legislation. Act, answers this calling. Specifically, address that pressing need. Ms. HARMAN. Mr. Chairman, I yield it directs the President to develop pro- Mr. Chairman, America must have a 2 minutes to the gentleman from Maine cedures by which Federal and local comprehensive information exchange (Mr. BALDACCI). agencies and personnel share security system that will allow those on the Mr. BALDACCI. Mr. Chairman, I information. It ensures adequate secu- front line, our State and local officials, thank the gentlewoman for yielding me rity in the dissemination and trans- to detect and prevent a terrorist at- this time and also her leadership and mission of classified or unclassified in- tack. H.R. 4598 helps to create just that the leadership that the caucus has formation based on a recipient’s need system. brought to this important issue. to know. It protects the legal and con- Mr. CHAMBLISS. Mr. Chairman, I I believe this is one of the singular, stitutional rights of individuals by re- yield 2 minutes to the gentleman from most important issues next to the de- quiring that shared information is cur- Nevada (Mr. GIBBONS), a cosponsor of velopment of the homeland depart- rent, factually accurate, and used only this legislation. ment, is to make sure that this coordi- for the authorized purpose for which it Mr. GIBBONS. Mr. Chairman, I nation of information happens. was obtained or disseminated. thank the gentleman for yielding me We know first hand in Portland, Finally, it safely and responsibly pro- this time. Maine, where a couple of the terrorists vides authorized State and local offi- Mr. Chairman, I rise not only as a co- had boarded the plane, to have gone cials access to certain types of sen- sponsor of this bill and also supporter through the security screening and not sitive information, including foreign of the bill but also to urge my col- to have that information disseminated intelligence and grand jury informa- leagues to support this vital legislation to the local law enforcement that was tion, consistent with the Justice De- as we vote on it today in this body. available at the Federal level with Fed- partment and CIA agency guidelines. There has been a growing theme, Mr. eral law enforcement is just com- Mr. Chairman, transparency must be Chairman, that Congress must take pletely unacceptable. the goal of any homeland security pro- this opportunity to address the lack of I think this legislation which I am posal. This legislation fulfills our re- information sharing among some of our cosponsoring directing the administra- sponsibility to the American people by Federal agencies. tion to develop procedures for Federal providing authorized professionals with As a member of the Permanent Se- agencies to share this information, the best, safest, and most accurate in- lect Committee on Intelligence, I have both declassified and classified, is ap- formation available in the most effi- heard testimony about how some of propriate with State and local authori- cient manner possible. these agencies do not share informa- ties. This bill requires the CIA and the Mr. SENSENBRENNER. Mr. Chair- tion in a way that best protects our Department of Justice to prescribe pro- man, I yield 3 minutes to the gen- homeland. To put it another way, not cedures in accordance with Presi- tleman from Texas (Mr. SMITH), the all of the dots are being connected. In- dential directives with Federal agen- chairman of the Subcommittee on ternally, some agencies, like the FBI, cies to share homeland security infor- Crime, Terrorism and Homeland Secu- may connect some of the dots, the CIA mation with State and local authori- rity of the Committee on the Judici- may connect some of the dots, and the ties. These Federal agencies would also ary. Mr. SMITH of Texas. Mr. Chairman, I Border Patrol and Customs may con- be required to provide to State and thank the chairman of the Committee nect some of the dots. But if all of our local authorities an assessment of the on the Judiciary, the gentleman from efforts fail to present a complete pic- credibility of such information. ture, we are likely to face a tragedy This legislation is going to go a long Wisconsin (Mr. SENSENBRENNER), for yielding me this time. perhaps worse than those we faced on way to further enhancing the relation- Mr. Chairman, H.R. 4598, the Home- September 11. ship between the Federal, State and land Security Information Sharing The current stovepipe barriers that local governments so we can together Act, was approved by the Sub- prevent timely information sharing protect Maine and the Nation’s home- committee on Crime, Terrorism and must stop. Never before in our Nation’s land security. Homeland Security on June 4 and by history has communication sharing Mr. SENSENBRENNER. Mr. Chair- 1 the full Committee on the Judiciary on among our national security agencies man, I yield 2 ⁄2 minutes to the gen- June 13. been as imperative nor as important as tleman from (Mr. This bipartisan bill was introduced it is today. GEKAS). by the gentleman from Georgia (Mr. While information sharing hori- Mr. CHAMBLISS. Mr. Chairman, I CHAMBLISS), the chairman of the Sub- zontally must improve, our local law yield 1 minute to the gentleman from committee on Terrorism and Homeland enforcement and first responders de- Pennsylvania (Mr. GEKAS). Security of the House Permanent Se- mand that we achieve vertical integra- Mr. GEKAS. Mr. Chairman, I thank lect Committee on Intelligence, and tion in information sharing as well. the gentlemen for yielding me this the gentlewoman from California (Ms. As we have all heard from our con- time. stituents back home, the first respond- Mr. Chairman, we were very much HARMAN), the ranking member of that subcommittee. ers are the people who play key rolls in impressed by the remarks given by our protecting the communities in which colleague from Michigan, the former b 1130 they serve. Our police, firefighters, FBI agent, about the personal experi- This bill does not mandate the shar- medical personnel must be informed of ence he had with the vacuum that was ing of information but rather removes the threats that exist within their left when information did not percolate

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.022 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3941 very quickly and was not shared imme- Mr. Chairman, I yield 2 minutes to The CHAIRMAN pro tempore (Mr. diately, to the detriment of an inves- the gentleman from Massachusetts SIMPSON). Without objection, the gen- tigation to which he was a part. (Mr. TIERNEY). tleman from Michigan (Mr. CONYERS) is Every Member in Congress has some Mr. TIERNEY. Mr. Chairman, I rise recognized for 10 minutes. kind of situation which he can relate in to support a bill to help local officials There was no objection. which sharing of information was not and our emergency responders better Mr. CONYERS. Mr. Chairman, I yield what it should have been. I myself a protect our communities. I am a proud 3 minutes to the gentleman from New few months ago was part of a scenario cosponsor of H.R. 4598, the Homeland York (Mr. WEINER). in which the Nuclear Regulatory Com- Security Information Sharing Act. Mr. WEINER. Mr. Chairman, I thank mission issued what it felt was a cred- We need this bill so we can promote the gentleman from Michigan (Mr. ible threat to Three Mile Island and re- the sharing of critical homeland secu- CONYERS), the gentleman from Virginia ported the essence of that credible rity threat information between Fed- (Mr. SCOTT), the gentlewoman from threat to the operators of Three Mile eral law enforcement and intelligence California (Ms. HARMAN), and the gen- Island. This was 6 or 6:30 p.m. At 1 agencies and State and local officials, tleman from Georgia (Mr. CHAMBLISS) a.m., when an all-clear was sent forth, including our first responders. We need for helping bring this bill to the floor. we learned for the first time that the to do this for the families who lost We do not have to look far into the first responders, the township officials, loved ones on September 11 and in the realm of the hypothetical to see why the State officials, the county officials October anthrax attacks, for the Amer- this bill was necessary. When anthrax who were responsible in and around ican people who expect us to protect was found at the NBC building at New Three Mile Island, some of them did them, and for our children so that fu- York City several months ago, the De- not hear about this credible threat for ture generations can grow up in a free partment of Health was not notified. several hours following the institution and open society. The New York City Police Department of it by the Nuclear Regulatory Com- We can and must do so while pro- was not notified. In fact, the Police mission, and some never heard a thing tecting people’s constitutional rights Commissioner and the Mayor found out about it. and civil liberties by requiring that by watching television news. We do not know to this day why local Happily nothing happened, and it any information that is shared must authorities were not notified, but we turned out not to be a credible threat, not be used for any unauthorized pur- can figure it out by reading the current but we were alarmed. So we convened a pose, and that the procedures must en- law of the land. We can figure out it meeting of all of the people who should sure the security and confidentiality of have been involved in the sharing of in- was probably a Federal agency, prob- the information, as well as remove or ably the FBI that was notified, and formation, from the initial first re- delete obsolete or erroneous informa- sponders in and around Three Mile Is- since they might have found out about tion. this information via a wiretap or grand land straight up to the State agency, I cosponsored this bill because first jury testimony, they were prohibited and thus we now have in place a set of responders from across my district positions that will more easily under- by the law of the land from even let- have contacted my office asking for ting New York City know. take the sharing of information and the means to receive credible and spe- deal with any kind of threat. cific threat information in order to b 1145 Just yesterday, I and several other prevent or respond to terrorist attacks. Imagine if it were even worse than Members participated in a war game at The fact is, our local first responders that anthrax attack. Imagine if in the Fort McNair sponsored by Secretary of face real threats. They need real infor- course of a wiretap about some other Defense Rumsfeld and Secretary of Ag- mation and real resources to protect related case, someone says, ‘‘This deal riculture Veneman which portrayed a our communities. is going to go down tomorrow in the scenario to determine whether Mem- This bill is an important first step. It bers of Congress can come up with rec- New York City subway system. We are says we will be full partners in this ac- ommendations to the President if such going to release sarin gas,’’ or ‘‘We are tion against terrorism. The partnership a thing would really happen; and 80 going to try to derail a train.’’ Can you is critical in protecting communities percent of it, I must relate to the Mem- imagine if it were the FBI alone, since and saving lives. bers, had to do with sharing of infor- they gathered the information and We all agree that, since September mation and communication of informa- were prohibited by law in the way they 11, America’s heroic first responders tion on the spot as the threat was de- gathered it, going into every subway have risen to the occasion, protecting veloping under the war game. station and trying to figure out where We learned in this war game that the communities as the first line of defense they should be to try to stop this? essence of any kind of preparation for against terrorism. In my district, as They could not call the New York our society, our neighbors, our fami- across America, they have marshaled City mass transit authority, they could lies, our municipalities, is the instant the resources to track down leads on not call the transit authority police communication among them of what is potential terrorist threats, to buy that have been responsible for driving happening and the sharing of informa- more equipment, from upgraded weap- crime down in the City of New York tion across the board for the prepara- ons to technology to biohazard suits subways. They would have had to go tion to meet a threat in the best pos- and masks. They have increased down and try to figure out a way to sible way. hazmat training for handling sus- navigate that threat on their own. So we all are in a position now to picious packages and stepped up pa- There is a reason, perhaps, that these support this piece of legislation which trols around potential targets like prohibitions were in place. Maybe there will aid all of us in the completion of a water and gas supplies, power plants, is a concern, and it is a legitimate one, cycle in which sharing of information harbors and airports. about having information that comes will be more vital than ever. Now it is time for us to step up and as very sensitive falling into the wrong Ms. HARMAN. Mr. Chairman, I yield help them. While our first responders hands. That is why the bill that the 30 seconds to myself. appreciated our praise, they do not gentleman from Georgia (Mr. Mr. Chairman, the perspective just need our rhetoric. They need our infor- CHAMBLISS) and the gentlewoman from offered is very helpful to us as we con- mation, and they need resources. This California (Ms. HARMAN) have drafted sider this legislation. This is an effort bill is the first step to allow that to is smart by saying that the Attorney to empower local officials on whose happen. We need to press the adminis- General does not have to turn over real estate future terrorist acts will tration to release direct funding to every piece of information, does not occur. Without useful information, local first responders and to give them have to say, ‘‘Well, we have a box of they and the citizens who live in those credit for $1.5 billion already spent in grand jury information. Let’s give it to places will not know what to do, and if this effort. every sheriff’s department that might they do not know what to do, they will Mr. CONYERS. Mr. Chairman, I rise be so implicated,’’ but it does at least panic. That is exactly what the terror- on behalf of the Committee on the Ju- allow them to do it if need be. ists want, and I appreciate the gentle- diciary to claim the time for the mi- Mayor Giuliani before he left office man’s comments. nority. approached this Congress and spoke

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.025 pfrm12 PsN: H26PT1 H3942 CONGRESSIONAL RECORD — HOUSE June 26, 2002 publicly about the need to have this in- communicate what is known, but we of any individuals who are subjects of formation in certain circumstances. He need to make every effort to ensure such information, and to provide data said, ‘‘We need the information, and we that this information is circulated just integrity through the timely removal need it right away. Otherwise, we are to those who actually need it and not and destruction of obsolete and erro- going to make a terrible, critical mis- spread all over town so that the neous names and information so that take.’’ What Mr. Giuliani was talking chances are increased that someone’s people who are just kind of generally about is a mistake of omission, exclud- neighbors or friends who happen to suspicious would not have their whole ing from the chain of information peo- work for the government agencies lives and reputations ruined as a result ple who needed the information. might see it unnecessarily. of information that was shared with I share the concerns that some raised This bill, because of the hard work of local authorities even though they in committee that we do not want this those involved, strikes that appro- might not be guilty of anything or information to chip away at the con- priate balance. It is slightly different even involved in anything either di- fidentiality of the grand jury. We do from the Senate version of the bill rectly or indirectly. not want wiretap information falling which tightens the language in regards We have done a great service to add into the wrong hands. But at the very to privacy and limitations on the kinds this language in the Committee on the least, if someone runs into the Attor- of information which will be subject to Judiciary. There are still some con- ney General’s office with a hot piece of the provisions of the bill. I would hope cerns, perhaps, about the use of grand information of an impending threat, I that the conferees will adopt the Sen- jury information and other aspects of would hate to have the Attorney Gen- ate language. It is not inconsistent this. I think the Senate is addressing eral’s counsel say, ‘‘Boss, you can’t let with the goals of the bill. some of those concerns on the Senate the City of New York know about this. But I must also add that the bill es- side, but we clearly need to move this You can’t let the City of Detroit know tablishes just a framework for regula- bill forward, get it into conference and about this. You can’t let a locality tions to be developed. It is therefore work out some of these other details, that might need to know about this important that those who develop the because local authorities really need to know about it.’’ regulations and those who implement be in the loop when it comes to pro- This is what this seeks to address. the regulations follow not only the let- tecting us from terrorism. This bill There has been a great deal of talk ter of the law but also reflect the bi- would certainly allow that to happen. about the way we need to get different partisan spirit by which this bill was Mr. CONYERS. Mr. Chairman, I yield levels of government connecting the developed. the balance of my time to the distin- various dots. This piece of legislation Again, I want to thank the gentle- guished gentlewoman from Texas (Ms. does it better than anything we have woman from California, the gentleman JACKSON-LEE). done yet to date. from Georgia and the gentleman from The CHAIRMAN pro tempore (Mr. Mr. CHAMBLISS. Mr. Chairman, I New York for their hard work on this SIMPSON). The gentlewoman from yield myself such time as I may con- legislation. Texas (Ms. JACKSON-LEE) is recognized sume just to commend the gentleman Mr. CONYERS. Mr. Chairman, I yield for 2 minutes. from New York for his real insight into 3 minutes to the eloquent gentleman Ms. JACKSON-LEE of Texas. Mr. the practicalities of this issue. His from North Carolina (Mr. WATT). Chairman, I thank the distinguished amendment which was filed in the Mr. WATT of North Carolina. Mr. gentleman for yielding me this time. Committee on the Judiciary was read- Chairman, I thank the gentleman for Let me offer my applause to the pro- ily accepted by the gentlewoman from yielding me this time. I rise in support ponents of this legislation, the gen- California (Ms. HARMAN) and myself be- of this legislation. tleman from Georgia (Mr. CHAMBLISS) cause it gets right to the core of the In the days following September 11, and the gentlewoman from California practical problem out there and also Congress acted very quickly to pass the (Ms. HARMAN) from the Permanent Se- allows for additional information to be PATRIOT bill. Some of us thought that lect Committee on Intelligence. redacted, declassified and get in the some of the provisions in that bill per- I rise to support this legislation and hands of the right people at the right haps overstepped the bounds, and some to point out one or two matters that I time and within real time. I commend of us voted against it because we were think are very important. That is, as a the gentleman for his insight and for concerned about its implications for member of the Committee on the Judi- his thoughtfulness on this issue. His individual liberties. In the days since, ciary, the concern, as my colleagues particular amendment will go a long what has become very, very apparent is have already mentioned, with the pres- way toward saving additional lives of that it does not do any good for the ervation of the sanctity of the grand Americans. CIA and the FBI and Federal law en- jury testimony or of grand jury testi- Mr. Chairman, I reserve the balance forcement agencies to have informa- mony, recognizing the importance now of my time. tion that would help us combat ter- even more past September 11. The hor- Mr. CONYERS. Mr. Speaker, I am de- rorism and respond to it without bring- rific acts of September 11 certainly, as lighted to yield 2 minutes to the gen- ing local law enforcement and agencies I have said often, turned the page as to tleman from Virginia (Mr. SCOTT), a into the equation and sharing that in- how we do business in America, but valued member of the Committee on formation with them, not necessarily certainly now even more after that the Judiciary. the full ambit of the information that time frame, after the attack, if you Mr. SCOTT. Mr. Chairman, I thank we have but, subject to certain guide- will, of anthrax, we have come to un- the gentleman for yielding me this lines, sharing that information with derstand the viability and the impor- time. I particularly want to thank the them. tance of first responders and the local gentleman from Georgia, the gentle- When this bill came before the Com- communities. woman from California and the gen- mittee on the Judiciary, some of us ex- This legislation confirms for us that tleman from New York for their hard pressed concerns and offered an amend- there must be exchange, there must be work on this bill. ment that would put some parameters dialogue on the issues of homeland se- It is absolutely necessary, Mr. Chair- around this second-stage process of curity, on the issues of information, man, to provide a mechanism for sharing information with local authori- but we must be reminded that, as we go meaningful communication of sensitive ties. The Committee on the Judiciary forward, it is important for the Presi- information to local and State officials added language which I think is abso- dent, the administration, the executive so they can take appropriate action to lutely critical to this bill which would branch, to define and determine how protect citizens from terrorist attacks. make sure that the information limits that information on the Federal level Much of this information will, by ne- the redissemination of such informa- is discerned and interpreted and trans- cessity, be sensitive, often derogatory tion to ensure that such information is mitted. information which will be circulated not used for an unauthorized purpose, I offered amendments in the larger without the target of the information to ensure the security and confiden- body that I believe help to enhance this ever being able to respond. For public tiality of such information, to protect legislation. I look forward to offering a safety reasons, we have to be able to the constitutional and statutory rights prospective amendment as well that

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.028 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3943 was proposed but not offered. When I consider the department of homeland As we conclude our general debate on say proposed, there was an interest in security concept, which I support as an this bill, I too would like to, first of but it was not put forward at the com- original cosponsor of the bill intro- all, recognize and thank the great lead- mittees. But I will say that the lan- duced by the gentleman from Texas ership that we have had from the Com- guage that adds public health security (Mr. ARMEY), we need to remember mittee on the Judiciary, from the gen- in the bill is important, that it ensures that the point is not the best arrange- tleman from Wisconsin (Mr. SENSEN- that those who are involved in public ment of the deck chairs, the point is BRENNER), the chairman of the com- health security as well will receive in- how to empower our first responders mittee, to the gentleman from Michi- formation and as well the emphasis or and all Americans to have the critical gan (Mr. CONYERS), the ranking mem- the adding that rural and urban com- information they need to know what to ber, to the gentleman from Texas (Mr. munities, those first responders there, do. SMITH), the chairman of the sub- will be particularly not highlighted but This bill is all about that. It is about committee, and the gentleman from noted that those areas have to have an making sure that the beginning of the Virginia (Mr. SCOTT), the ranking opportunity to receive information in a process is empowered. I think it is one member of that subcommittee. balanced way throughout the Nation. of the most important contributions We have had an open dialogue on this I would offer to support this legisla- we can make and very consistent with issue, an issue that all of us, irrespec- tion with the constraints that it has what our subcommittee heard at the tive of what party or what side of that and applaud the proponents of this leg- first hearing after 9–11 in New York party one comes from, recognize that islation as well as the distinguished City. this is a bill about what it takes to chairman and ranking member of the Many are saying that we do not real- make America safer and what it takes Committee on the Judiciary. ly need a department of homeland se- to assist our law enforcement officials Ms. HARMAN. Mr. Chairman, I yield curity because it does not fix the real and ensuring that we do, as the Presi- myself such time as I may consume. problem, which is the lack of collabo- dent says, eradicate this war on ter- I think this has been a very useful ration between the CIA and the FBI, rorism. debate and would just like to under- which are not formally moved over to I also want to thank again the gen- score several points. that new department. I do not think tleman from Florida (Mr. GOSS), our First of all, as my coauthor, the gen- they should be moved, but I do agree chairman of the Permanent Select Committee on Intelligence, and the tleman from Georgia (Mr. CHAMBLISS), there is a real problem and that prob- has said, the House Committee on the lem is about information sharing. This gentlewoman from California (Ms. Judiciary has made a substantial con- bill addresses that problem. PELOSI), our ranking member, for their strong leadership. Their cooperation tribution to this bill. We have heard b 1200 from the gentleman from New York helped us move this forward. I particu- Finally, let me say that if we think larly want to say thanks to my rank- (Mr. WEINER), the gentleman from about what the major problems are in ing member, the gentlewoman from North Carolina (Mr. WATT), the gen- our effort to develop an effective strat- California (Ms. HARMAN). She has al- tleman from Virginia (Mr. SCOTT), the egy for homeland security, information ready stated a number of times in what gentleman from Wisconsin (Mr. SEN- sharing is certainly one. The other big a bipartisan way we have worked, and SENBRENNER) and the gentleman from one we do not address here, but it is a we truly have. She provides good, Texas (Mr. SMITH) about a number of big one that we will address I hope strong leadership, advice and council; issues that they have had concerns shortly, is interoperability. Our first and she has been a great asset to the about, and a number of changes they responders need information, but then committee, and she has been an even have made to this legislation when it they need to be able to talk to each greater asset to the subcommittee. It went through their committee. I just other, to communicate in real-time is unfortunate that the bipartisan atti- want to salute them for a very con- with all of those who are with them tude that we have on our sub- structive contribution to making this trying to deal with whatever the threat committee does not translate over to legislation better. is, hopefully to prevent it or disrupt it, all of the work that we do in this com- Second, I would like to underscore but if not, to respond to it. So I hope mittee; we would probably get a lot the importance of bipartisanship. This that soon we will also take up that im- more done. But I do thank her for the is a constant refrain of mine. I rep- portant issue. great work she has done and the great resent a very bipartisan district. I have On that point, Mr. Chairman, I would cooperation she has given us here. often pointed out that I do not believe mention to our colleagues that Gov- Mr. Chairman, this is a major piece the terrorists will check our party reg- ernor Ridge was here yesterday testi- of legislation. I do not think we can istration before they try to blow us up. fying before the House Committee on say that enough. As the gentleman Therefore, it is absolutely critical that Energy and Commerce on which I from Michigan (Mr. ROGERS) mentioned we face the problems of homeland secu- serve. We talked about that issue. He a little bit earlier, if he had had this rity as American problems, not as par- does support the notion of bridging piece of legislation in place 8 years tisan problems. This legislation cer- technologies, and there are existing ago, it would have gone a long ways to- tainly does this. It was introduced vir- technologies to deal with that point. ward helping him solve a particular tually unanimously by the House Per- So for all of these reasons, Mr. Chair- crime against the United States of manent Select Committee on Intel- man, I think we have good legislation America when he, as a special agent of ligence, and that was a very good be- here. It was made better by the Com- the FBI, was handicapped. The laws are ginning. I believe that the best legisla- mittee on the Judiciary; it was made in place today regarding the ability to tion we produce here is bipartisan, and better by bipartisanship. It really em- share information with our State and this is an example of it. phasizes a bottom-up process. It helps local officials. I also want to salute again the really deal with the problems between the This is the first step in moving to es- very special leadership of the chairman FBI and the CIA, and it is one of the tablish and restructure the Govern- of the House Permanent Select Com- major problems that we have to ad- ment of the United States and to cre- mittee on Intelligence, the gentleman dress. I would like to salute my col- ate the Department of Homeland Secu- from Florida (Mr. GOSS). His style is league and partner, the gentleman rity. We cannot guarantee the preven- enormously productive on that com- from Georgia (Mr. CHAMBLISS), and tion of another attack of terrorism, do- mittee, and I think his experience is thank him for his efforts on this bill. I mestically or abroad, whether it is enormously helpful to us as well. He urge the strong and, I hope, unanimous against assets or against people of the sets an environment in which people support of this body for this legisla- United States; but without legislation like the gentleman from Georgia and I tion. such as the Homeland Security Infor- can be our most productive in this Con- Mr. Chairman, I yield back the bal- mation Sharing Act, we certainly raise gress. ance of my time. the chances of the possibility of an- The third point is that homeland se- Mr. CHAMBLISS. Mr. Chairman, I other act of terrorism occurring. curity is a bottom-up problem, not a yield myself such time as I may con- Again, I applaud the great support top-down problem. As we continue to sume. from a bipartisan standpoint that we

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.030 pfrm12 PsN: H26PT1 H3944 CONGRESSIONAL RECORD — HOUSE June 26, 2002 have had as this bill has moved and enhance information sharing. H.R. 4598 you or someone you know. Often times, offi- through the process. I urge all of my will immediately strengthen our homeland se- cials at the state and local level are first-line colleagues to support this measure. curity apparatus while the new Department is responders to these attacks. Ms. PELOSI. Mr. Chairman, I am pleased being implemented by directing the President The bill is not perfect. The more broadly in- that the Homeland Security Information Shar- to develop procedures by which the federal formation is shared, the greater the danger it ing Act of 2002 is before the House. agencies will share homeland security infor- will be improperly disclosed. I think we all Let me begin by complimenting the chair- mation with state and local personnel and en- agree that the last thing we would want is for man and ranking Democrat of the Sub- sures that information sharing systems have the newly shared information to be used to committee on Terrorism and Homeland Secu- the capability to transmit classified or unclassi- harm an innocent person’s reputation. As we rity, Mr. CHAMBLISS and Ms. HARMAN, for the fied information. move forward, we should take a close look at work they have done on this legislation. In the I urge quick passage of this important legis- whether sufficient safeguards are in place that weeks and months after September 11, they lation. Let’s provide all of our federal, state will prevent improper disclosure from hap- have been tireless advocates for ensuring that and local officials timely homeland security in- pening. barriers to information sharing between fed- formation that can be used to better protect all The bill, in its current form, offers us a good eral, state, and local officials be eliminated. Americans. starting point to improve our nation’s defenses This legislation is an important result of their Mr. PASCRELL. Mr. Chairman, Coordination against terrorism. It is critical that our law en- leadership. It also has benefitted greatly from and information sharing among federal, state forcement agencies talk with one another so the work done on it in the Judiciary Committee and local authorities may be the single most that the right hand knows what the left hand through the guidance of Chairman SENSEN- important thing we can do to enhance our abil- is doing. I strongly urge its prompt passage. BRENNER, Ranking Democrat CONYERS, and ity to respond to a terrorist threat. This point Mr. UNDERWOOD. Mr. Chairman, I am the efforts of Mr. WEINER. is reiterated to me in every meeting I have pleased this bill takes important steps to The bill directs the President to develop pro- had with law enforcement personnel, fire- strengthen homeland security by ensuring cedures for federal agencies to share informa- fighters, public health officials and state and workable procedures and systems are de- tion with state and local personnel, ensuring municipal leaders in my district since Sep- signed within the federal government to facili- that any systems set in place have the capa- tember 11. We need communication. We need tate the sharing of homeland security informa- bility to transmit classified and unclassified in- cooperation. We need coordination—not only tion among federal, state, territorial and local formation as needed to respond locally to any among federal agencies, but also with our officials. Further, I am especially pleased that terrorist threats that may arise. It is important people in the field. the bill ensures that the territories are in- to note, too, that the legislation is flexible, pro- In my role on the Democratic Homeland Se- cluded. We must ensure that information crit- viding the President broad guidelines within curity Task Force, I have spoken with many ical to homeland security is shared between which to design information sharing mecha- first responders about their concerns. They important federal agencies and the territorial nisms, but leaving to him many of the me- say the same thing. The Federal Government and local governments of Guam, American chanics of how best to do so. It also requires simply does not pass information down the Samoa, the Commonwealth of the Northern the President to report back to Congress in 1 chain to the local level to the extent that is so Mariana Islands, Puerto Rico, and the U.S. year on whether additional changes are nec- necessary. And this fact can continue no Virgin Islands. Homeland security concerns essary. Thus, this bill sets up a framework that longer. The Federal Government relies on apply for all Americans, irrespective of wheth- is workable within any homeland security ar- state and local personnel to protect our Nation er they reside in the 50 states or U.S. terri- chitecture that may be established this year. tories. Towards this end I am pleased to sup- This important measure will strengthen the against a terrorist attack. We rely on them. It port H.R. 4598, and I look forward to receiving Nation’s ability to prevent future terrorist at- would be unconscionable if we didn’t help the President’s report required by this legisla- tacks. I urge its adoption by the House. them to do their job to the best of their ability. Mr. CASTLE. Mr. Chairman, I want to thank And the ability to do their job effectively relies tion to help determine what additional meas- the leadership for bringing up legislation to ad- on the information they receive. ures are needed to increase the effectiveness dress the need for sharing of critical homeland I think H.R. 4598, the Homeland Security In- of sharing information among all levels of gov- security information among federal intelligence formation Sharing Act, is an important step to- ernment. I hope this report will assess the agencies, state and local governments, and ward developing and ensuring an effective needs of the territories and not just the 50 first responders. Through my work on the In- strategy for truly protecting the United States. states. Mr. CHAMBLISS. Mr. Chairman, I telligence Committee, I have collaborated with We simply need to get information into the yield back the balance of my time. Representative CHAMBLISS and Representative hands of those who need it, and this bill does The CHAIRMAN pro tempore (Mr. HARMAN to make sure that all levels of govern- that. We’ve heard from many that ‘‘Hometown SIMPSON). All time for general debate ment receive the same homeland security in- security equals homeland security.’’ This legis- has expired. formation so our local law enforcement agen- lation gets past the catchphrases and jingles, and actually does something. This will em- Pursuant to the rule, the committee cies and first responders have the proper in- amendment in the nature of a sub- formation to protect us. power our states and local communities to stitute printed in the bill shall be con- The attacks of September 11 obviously ex- protect themselves, and in turn protect our Na- sidered by sections as an original bill posed some communication weaknesses tion. among our intelligence and law enforcement I urge my colleagues to support this impor- for the purpose of amendment, and agencies and now is the time to forward and tant piece of legislation. each section is considered read. During consideration of the bill for analyze what went wrong, and more impor- Mr. CONYERS. Mr. Chairman, I am happy amendment, the Chair may accord pri- tantly how we can make changes to protect to speak in support of this legislation which ority in recognition to a Member offer- our country from future terrorist attacks. As a would provide for information sharing between ing an amendment that he has printed member of the Joint Senate-House Intel- federal and state and local authorities. in the designated place in the CONGRES- ligence Committee reviewing September 11, I I believe that providing state and local offi- am learning more about our overall intel- cials with this type of information ultimately will SIONAL RECORD. Those amendments ligence apparatus in context of the September help them detect and prevent future acts of will be considered read. terrorism. State and local personnel are the The Clerk will designate section 1. 11 attack and how we can improve the sys- The text of section 1 is as follows: tem. The most important goal is to find the most likely individuals to interdict terrorists—as Be it enacted by the Senate and House of Rep- best intelligence solutions to ensure our home- demonstrated by the detainment of Ahmed Ressam on the Canadian border and the rou- resentatives of the United States of America in land is secure and all domestic agencies are Congress assembled, tine traffic stopping of one of the 9/11 terror- coordinating, communicating, and cooperating SECTION 1. SHORT TITLE. with each other. ists by a Maryland state trooper. As we have This Act may be cited as the ‘‘Homeland Secu- H.R. 4598 directs that critical threat informa- learned in the last several weeks, if we had rity Information Sharing Act’’. tion be shared between federal law enforce- shared more information before the attacks, The CHAIRMAN pro tempore. Are ment and intelligence agencies with state and we may have been able to more aggressively there amendments to section 1? local personnel, including granting security intervene against the terrorist plot. The Clerk will designate section 2. clearances to appropriate state and local per- The legislation will also help state and local The text of section 2 is as follows: sonnel. officials prepare an appropriate response to SEC. 2. FINDINGS AND SENSE OF CONGRESS. I strongly support the President’s proposal future attacks. Every act of terrorism is local— (a) FINDINGS.—The Congress finds the fol- to reorganize our homeland security agencies occurring in a neighborhood, city or state near lowing:

VerDate 11-MAY-2000 02:00 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\CR\FM\K26JN7.033 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3945 (1) The Federal Government is required by the tion and safeguarding of classified informa- security information that remains classified or Constitution to provide for the common defense, tion. otherwise protected after the determinations which includes terrorist attack. (4) Such procedures shall not change the prescribed under the procedures set forth in sub- (2) The Federal Government relies on State requirements and authorities to protect section (a). and local personnel to protect against terrorist sources and methods. (2) It is the sense of Congress that such proce- attack. (b) PROCEDURES FOR SHARING OF HOMELAND dures may include one or more of the following (3) The Federal Government collects, creates, SECURITY INFORMATION.— means: manages, and protects classified and sensitive (1) Under procedures prescribed by the (A) Carrying out security clearance investiga- but unclassified information to enhance home- President, all appropriate agencies, includ- tions with respect to appropriate State and local land security. ing the intelligence community, shall, personnel. (4) Some homeland security information is through information sharing systems, share (B) With respect to information that is sen- needed by the State and local personnel to pre- homeland security information with appro- sitive but unclassified, entering into nondisclo- vent and prepare for terrorist attack. priate State and local personnel to the ex- sure agreements with appropriate State and (5) The needs of State and local personnel to tent such information may be shared, as de- have access to relevant homeland security infor- local personnel. termined in accordance with subsection (a), (C) Increased use of information-sharing part- mation to combat terrorism must be reconciled together with assessments of the credibility with the need to preserve the protected status of nerships that include appropriate State and of such information. local personnel, such as the Joint Terrorism such information and to protect the sources and (2) Each information sharing system through methods used to acquire such information. Task Forces of the Federal Bureau of Investiga- which information is shared under paragraph tion, the Anti-Terrorism Task Forces of the De- (6) Granting security clearances to certain (1) shall— State and local personnel is one way to facili- partment of Justice, and regional Terrorism (A) have the capability to transmit unclassi- Early Warning Groups. tate the sharing of information regarding spe- fied or classified information, though the proce- (d) RESPONSIBLE OFFICIALS.—For each af- cific terrorist threats among Federal, State, and dures and recipients for each capability may fected Federal agency, the head of such agency local levels of government. differ; shall designate an official to administer this Act (7) Methods exist to declassify, redact, or oth- (B) have the capability to restrict delivery of with respect to such agency. erwise adapt classified information so it may be information to specified subgroups by geo- (e) FEDERAL CONTROL OF INFORMATION.— shared with State and local personnel without graphic location, type of organization, position Under procedures prescribed under this section, the need for granting additional security clear- of a recipient within an organization, or a re- information obtained by a State or local govern- ances. cipient’s need to know such information; (8) State and local personnel have capabilities (C) be configured to allow the efficient and ef- ment from a Federal agency under this section and opportunities to gather information on sus- fective sharing of information; and shall remain under the control of the Federal picious activities and terrorist threats not pos- (D) be accessible to appropriate State and agency, and a State or local law authorizing or sessed by Federal agencies. local personnel. requiring such a government to disclose infor- (9) The Federal Government and State and (3) The procedures prescribed under para- mation shall not apply to such information. local governments and agencies in other juris- graph (1) shall establish conditions on the use of (f) DEFINITIONS.—As used in this section: dictions may benefit from such information. (1) The term ‘‘homeland security information’’ (10) Federal, State, and local governments and information shared under paragraph (1)— (A) to limit the redissemination of such infor- means any information possessed by a Federal, intelligence, law enforcement, and other emer- State, or local agency that— gency preparation and response agencies must mation to ensure that such information is not (A) relates to the threat of terrorist activity; act in partnership to maximize the benefits of used for an unauthorized purpose; (B) to ensure the security and confidentiality (B) relates to the ability to prevent, interdict, information gathering and analysis to prevent of such information; or disrupt terrorist activity; and respond to terrorist attacks. (11) Information systems, including the Na- (C) to protect the constitutional and statutory (C) would improve the identification or inves- tional Law Enforcement Telecommunications rights of any individuals who are subjects of tigation of a suspected terrorist or terrorist orga- System and the Terrorist Threat Warning Sys- such information; and nization; or (D) to provide data integrity through the time- tem, have been established for rapid sharing of (D) would improve the response to a terrorist ly removal and destruction of obsolete or erro- classified and sensitive but unclassified informa- act. neous names and information. tion among Federal, State, and local entities. (2) The term ‘‘intelligence community’’ has the (12) Increased efforts to share homeland secu- (4) The procedures prescribed under para- meaning given such term in section 3(4) of the rity information should avoid duplicating exist- graph (1) shall ensure, to the greatest extent National Security Act of 1947 (50 U.S.C. ing information systems. practicable, that the information sharing system 401a(4)). (b) SENSE OF CONGRESS.—It is the sense of through which information is shared under such (3) The term ‘‘State and local personnel’’ Congress that Federal, State, and local entities paragraph include existing information sharing means any of the following persons involved in should share homeland security information to systems, including, but not limited to, the Na- prevention, preparation, or response for terrorist the maximum extent practicable, with special tional Law Enforcement Telecommunications attack: emphasis on hard-to-reach urban and rural System, the Regional Information Sharing Sys- (A) State Governors, mayors, and other locally communities. tem, and the Terrorist Threat Warning System elected officials. of the Federal Bureau of Investigation. (B) State and local law enforcement personnel The CHAIRMAN pro tempore. Are (5) Each appropriate Federal agency, as deter- and firefighters. there amendments to section 2? mined by the President, shall have access to The Clerk will designate section 3. each information sharing system through which (C) Public health and medical professionals. The text of section 3 is as follows: information is shared under paragraph (1), and (D) Regional, State, and local emergency SEC. 3. FACILITATING HOMELAND SECURITY IN- shall therefore have access to all information, as management agency personnel, including State FORMATION SHARING PROCEDURES. appropriate, shared under such paragraph. adjutant generals. (a) PRESIDENTIAL PROCEDURES FOR DETER- (6) The procedures prescribed under para- (E) Other appropriate emergency response MINING EXTENT OF SHARING OF HOMELAND SE- graph (1) shall ensure that appropriate State agency personnel. CURITY INFORMATION.— and local personnel are authorized to use such (F) Employees of private-sector entities that (1) The President shall prescribe proce- information sharing systems— affect critical infrastructure, cyber, economic, or dures under which relevant Federal agencies (A) to access information shared with such public health security, as designated by the determine— personnel; and Federal government in procedures developed (A) whether, how, and to what extent (B) to share, with others who have access to pursuant to this section. homeland security information may be such information sharing systems, the homeland (4) The term ‘‘State’’ includes the District of shared with appropriate State and local per- security information of their own jurisdictions, Columbia and any commonwealth, territory, or sonnel, and with which such personnel it which shall be marked appropriately as per- possession of the United States. may be shared; taining to potential terrorist activity. The CHAIRMAN pro tempore. Are (B) how to identify and safeguard home- (7) Under procedures prescribed jointly by the land security information that is sensitive Director of Central Intelligence and the Attor- there amendments to section 3? but unclassified; and ney General, each appropriate Federal agency, AMENDMENT OFFERED BY MS. JACKSON-LEE OF (C) to the extent such information is in as determined by the President, shall review and TEXAS classified form, whether, how, and to what assess the information shared under paragraph Ms. JACKSON-LEE of Texas. Mr. extent to remove classified information, as (6) and integrate such information with existing Chairman, I offer an amendment. appropriate, and with which such personnel intelligence. The Clerk read as follows: it may be shared after such information is (c) SHARING OF CLASSIFIED INFORMATION AND removed. SENSITIVE BUT UNCLASSIFIED INFORMATION Amendment offered by Ms. JACKSON-LEE of (2) The President shall ensure that such WITH STATE AND LOCAL PERSONNEL.— Texas: procedures apply to all agencies of the Fed- (1) The President shall prescribe procedures Page 4, line 24, strike ‘‘and’’. eral Government. under which Federal agencies may, to the extent Page 5, line 5, strike the period and insert (3) Such procedures shall not change the the President considers necessary, share with ‘‘; and’’. substantive requirements for the classifica- appropriate State and local personnel homeland Page 5, after line 5, insert the following:

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.005 pfrm12 PsN: H26PT1 H3946 CONGRESSIONAL RECORD — HOUSE June 26, 2002 (D) whether, how, and to what extent infor- whether, and to what extent informa- and to what extent information may be mation provided by government whistle- tion by whistleblowers would be dis- shared with appropriate State and blowers regarding matters affecting home- seminated ultimately to the local au- local personnel is up to the President. land security may be shared with appro- thorities. So it is not precluded here that, in an priate state and local personnel, and with which such personnel may it be shared. Additionally, there should be the appropriate way with appropriate safe- question of making sure whistleblowers guards and privacy protections, whis- Ms. JACKSON-LEE of Texas. Mr. are protected. I recognize, of course, tleblower information, if it were Chairman, as I indicated in general de- that there are multiple jurisdictions deemed important to share with local bate, I am a supporter of this legisla- here: the Permanent Select Committee responders could, in fact, be shared. I tion. I am a supporter because I believe on Intelligence, the House Committee thank the gentlewoman for raising this the underlying premises are key to pro- on the Judiciary, and certainly the issue. viding expanded homeland security in question of whistleblower would be a Mr. CHAMBLISS. Mr. Chairman, I the face of terroristic threats and, as question of the jurisdiction of the Com- rise in opposition to the amendment. well, a new approach to ensuring that mittee on Government Reform. We Mr. Chairman, I appreciate the gen- we have a holistic opposition and fight know that they are addressing that tlewoman’s concern and the point against terrorism. now. which she is raising. She is a very val- One of the concepts that the distin- I believe this is an important enough ued member of this body and particu- guished gentlewoman from California issue regarding whistleblowers and re- larly the Committee on the Judiciary, has always represented to this body is garding how information is dissemi- and her opinions are well respected. It that we need to have an assessment of nated that it should be included in the is important that as much homeland the threats or the threat situation provisions where we ask the President, security information, whether gained against this country and, as well, to the executive, to give us guidance and from whistleblowers or elsewhere in make sure that those individuals who provide this to the United States Con- the government, be shared with the would have to respond to the threats gress. It is through whistleblowers and right people at the right time in order closest to the home front, if you will, a source of other information that we to help our emergency responders and have all of the information that they are able to get the true facts, as well as local officials respond to terrorist can accept and utilize in order to pro- to help us design the appropriate kind threats and activity. The gentle- tect those local communities. This leg- of homeland security. woman’s amendment would specifically islation provides a vehicle for such, and Mr. CONYERS. Mr. Chairman, will address information from whistle- it will make its way through this body the gentlewoman yield? blowers. and to the other body. Ms. JACKSON-LEE of Texas. I yield However, let me note that we have I would like to raise another point to the gentleman from Michigan. crafted the bill in a broad and flexible that I think is key in what we do, and Mr. CONYERS. Mr. Chairman, I just fashion, as noted by the gentlewoman it is key because most of America now wanted to point out that the gentle- from California (Ms. HARMAN), so that has been introduced to the concept of woman from Texas is the first to iden- the administration can determine the whistleblowers. They have been intro- tify the importance of the whistle- appropriate procedures for sharing and duced to this by way of the thorough blower function in our system. I think disseminating homeland security infor- investigation that is now ongoing as to it is going to be considered more care- mation, whatever the source, whether the facts and activities of September fully now that the gentlewoman has from whistleblowers or other relevant homeland security information should 11. We know that in providing for pro- brought this to light. I thank the gen- be shared. tection for the homeland, we must tlewoman for it, and I hope it will gain move forward and provide a plan and a I think it is important that we retain wide acceptance. this flexibility and focus on the origi- structure, we must be able to dissemi- Ms. JACKSON-LEE of Texas. Mr. nal purpose of the bill, namely, to nate information to our local authori- Chairman, I thank the distinguished share as much appropriate homeland ties and, at the same time, we must get gentleman. security information as possible with the facts as to what happened on Sep- With that, Mr. Chairman, I do want tember 11. Why? Because that begins to our State and local authorities. to again acknowledge the gentlewoman So my objection is that we have just define for us the design of changing from California (Ms. HARMAN) for the seen this this morning, and I hope the how we share information. vision and the persistence that she has gentlewoman would consider with- Having been in about three or four had on this key issue. If I might, just drawing it and let us have a chance as homeland security meetings and hear- for an editorial comment, I think the we move into conference to dialogue on ings yesterday, one of the key ele- gentlewoman from California (Ms. this, and if we need to strengthen some ments, Mr. Chairman, was the idea of HARMAN) and myself and others had provisions, obviously we will look for- information. In fact, in the Committee gathered about 48 hours, 2 days after ward to working with the gentlewoman on Science, there was the proposal that September 11, huddled offsite, but con- and other members of the Committee was just announced from the Homeland vening the business of Congress, if you on the Judiciary to ensure that we do Security Commission to, in fact, imple- will, on these very issues; and she was so. Because we share the same concern ment and institute, that could begin to raising them at that time and she pur- that the gentlewoman has brought for- be the thinkers, the designers of new sued them, so I join her. I would be ward here. I have been open and out- technology that will help us with happy to yield to the gentlewoman, but spoken about the fact that we need homeland security. They need informa- I wanted to indicate my appreciation more courageous people like Ms. tion. So information comes in many and respect for her work, along with Rowley to make sure that not just ways. the distinguished gentleman from from an oversight standpoint within One of the ways that it comes that Georgia on this idea, and I wanted to Congress, but from an oversight stand- we saw most recently in determining bring this issue that I think is so very point in the public and within the what happened on September 11 was important to the attention of this agency and other Federal agencies out the insight of Coleen Rowley from the body. there, that we are able to do our job FBI. She initiated the dissemination of Ms. HARMAN. Mr. Chairman, will correctly and appropriately. information on her own. She was not the gentlewoman yield? Ms. JACKSON-LEE of Texas. Mr. seeking publicity; she was seeking to Ms. JACKSON-LEE of Texas. I yield Chairman, will the gentleman yield? be a problem-solver and she did it in to the gentlewoman from California. Mr. CHAMBLISS. I yield to the gen- the form of a letter. I do not know Ms. HARMAN. Mr. Chairman, first of tlewoman from Texas. whether that kind of information dis- all, I think whistleblowers are impor- Ms. JACKSON-LEE of Texas. Mr. seminated is, in fact, provided for by tant and that the Rowley memo is a Chairman, I respect the, if you will, ex- this particular legislation as we read it very important fact that has emerged planation that the distinguished gen- through at this point. since 9–11. tleman from Georgia has given and the So my amendment is simple. It is Secondly, in our legislation as re- distinguished gentlewoman from Cali- how the President should design how, ported, we do state that whether, how, fornia. I would not have brought this to

VerDate 11-MAY-2000 02:00 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.006 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3947 the attention of the body had I not had If not, the Clerk will designate sec- to the proper performance of their official du- a deep concern, having met Ms. Rowley tion 5. ties. and having been involved in other cir- The text of section 5 is as follows: ‘‘(8) Any investigative or law enforcement of- ficer, or attorney for the government, who by cumstances with the Committee on the SEC. 5. AUTHORIZATION OF APPROPRIATIONS. any means authorized by this chapter, has ob- Judiciary in the concept of whistle- There are authorized to be appropriated such tained knowledge of the contents of any wire, blowers and the importance of pro- sums as may be necessary to carry out section 3. oral, or electronic communication, or evidence viding information generally to help us The CHAIRMAN pro tempore. Are derived therefrom, may disclose such contents or be better at our job and the govern- there amendments to section 5? derivative evidence to any appropriate Federal, ment to be better. If not, the Clerk will designate sec- State, local, or foreign government official to the I appreciate the offer that has been tion 6. extent that such contents or derivative evidence extended. This is brought to the atten- The text of section 6 is as follows: reveals a threat of actual or potential attack or tion of this body not to put forward an other grave hostile acts of a foreign power or an SEC. 6. AUTHORITY TO SHARE GRAND JURY IN- agent of a foreign power, domestic or inter- FORMATION. amendment that would not draw the national sabotage, domestic or international ter- Rule 6(e) of the Federal Rules of Criminal collective support of this body. I would rorism, or clandestine intelligence gathering ac- Procedure is amended— like to be able to work with the staffs tivities by an intelligence service or network of (1) in paragraph (2), by inserting ‘‘, or of of the respective Members as we move a foreign power or by an agent of a foreign guidelines jointly issued by the Attorney Gen- power, within the United States or elsewhere, toward conference, recognizing that we eral and Director of Central Intelligence pursu- for the purpose of preventing or responding to have language in the legislation, ant to Rule 6,’’ after ‘‘Rule 6’’; and such a threat. Any official who receives infor- maybe appropriate language, that the (2) in paragraph (3)— mation pursuant to this provision may use that whistleblower issue is of such impor- (A) in subparagraph (A)(ii), by inserting ‘‘or information only as necessary in the conduct of of a foreign government’’ after ‘‘(including per- tance that it requires further study. that person’s official duties subject to any limi- sonnel of a state or subdivision of a state’’; Mr. CHAMBLISS. Mr. Chairman, just tations on the unauthorized disclosure of such (B) in subparagraph (C)(i)— reiterating to the gentlewoman, I information, and any State, local, or foreign of- (i) in subclause (I), by inserting before the think her point is well taken; and I ficial who receives information pursuant to this semicolon the following: ‘‘or, upon a request by provision may use that information only con- think there may be some merit to an attorney for the government, when sought by sistent with such guidelines as the Attorney strengthening language, maybe even a foreign court or prosecutor for use in an offi- General and Director of Central Intelligence getting specific as the gentlewoman cial criminal investigation’’; has done in her amendment. We will (ii) in subclause (IV)— shall jointly issue.’’. commit to the gentlewoman that we (I) by inserting ‘‘or foreign’’ after ‘‘may dis- The CHAIRMAN pro tempore. Are will look forward to working with her close a violation of State’’; there amendments to section 7? as we move into conference and (II) by inserting ‘‘or of a foreign government’’ If not, the Clerk will designate sec- dialoguing with her to make sure that after ‘‘to an appropriate official of a State or tion 8. subdivision of a State’’; and The text of section 8 is as follows: we get her input into this specific area (III) by striking ‘‘or’’ at the end; of the bill. (iii) by striking the period at the end of sub- SEC. 8. FOREIGN INTELLIGENCE INFORMATION. Ms. JACKSON-LEE of Texas. Mr. clause (V) and inserting ‘‘; or’’; and (a) DISSEMINATION AUTHORIZED.—Section Chairman, if the gentleman will yield, (iv) by adding at the end the following: 203(d)(1) of the Uniting and Strengthening I thank the distinguished gentleman ‘‘(VI) when matters involve a threat of actual America by Providing Appropriate Tools Re- from Georgia and the gentlewoman or potential attack or other grave hostile acts of quired to Intercept and Obstruct Terrorism Act a foreign power or an agent of a foreign power, (USA PATRIOT ACT) of 2001 (Public Law 107– from California. 56; 50 U.S.C. 403–5d) is amended— Mr. Chairman, I am willing at this domestic or international sabotage, domestic or international terrorism, or clandestine intel- (1) by striking ‘‘Notwithstanding any other time to ask unanimous consent, with ligence gathering activities by an intelligence provision of law, it’’ and inserting ‘‘It’’; and the idea of moving forward in consider- service or network of a foreign power or by an (2) by adding at the end the following: ‘‘It ation and study of this issue to protect agent of a foreign power, within the United shall be lawful for information revealing a whistleblowers, to withdraw my States or elsewhere, to any appropriate federal, threat of actual or potential attack or other amendment. state, local, or foreign government official for grave hostile acts of a foreign power or an agent The CHAIRMAN pro tempore. Is the purpose of preventing or responding to such of a foreign power, domestic or international there objection to the request of the a threat.’’; and sabotage, domestic or international terrorism, or (C) in subparagraph (C)(iii)— clandestine intelligence gathering activities by gentlewoman from Texas? an intelligence service or network of a foreign There was no objection. (i) by striking ‘‘Federal’’; (ii) by inserting ‘‘or clause (i)(VI)’’ after power or by an agent of a foreign power, within The gentlewoman’s amendment is ‘‘clause (i)(V)’’; and the United States or elsewhere, obtained as part withdrawn. (iii) by adding at the end the following: ‘‘Any of a criminal investigation to be disclosed to any b 1215 state, local, or foreign official who receives in- appropriate Federal, State, local, or foreign gov- formation pursuant to clause (i)(VI) shall use ernment official for the purpose of preventing or The CHAIRMAN pro tempore (Mr. that information only consistent with such responding to such a threat. Any official who SIMPSON). Are there further amend- guidelines as the Attorney General and Director receives information pursuant to this provision ments to section 3? of Central Intelligence shall jointly issue.’’. may use that information only as necessary in If not, the Clerk will designate sec- The CHAIRMAN pro tempore. Are the conduct of that person’s official duties sub- ject to any limitations on the unauthorized dis- tion 4. there amendments to section 6? The text of section 4 is as follows: closure of such information, and any State, If not, the Clerk will designate sec- local, or foreign official who receives informa- SEC. 4. REPORT. tion 7. tion pursuant to this provision may use that in- (a) REPORT REQUIRED.—Not later than 12 The text of section 7 is as follows: formation only consistent with such guidelines months after the date of the enactment of this as the Attorney General and Director of Central Act, the President shall submit to the congres- SEC. 7. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION IN- Intelligence shall jointly issue.’’. sional committees specified in subsection (b) a FORMATION. (b) CONFORMING AMENDMENTS.—Section 203(c) report on the implementation of section 3. The Section 2517 of title 18, United States Code, is of that Act is amended— report shall include any recommendations for amended by adding at the end the following: (1) by striking ‘‘section 2517(6)’’ and inserting additional measures or appropriation requests, ‘‘(7) Any investigative or law enforcement of- ‘‘paragraphs (6) and (8) of section 2517 of title beyond the requirements of section 3, to increase ficer, or attorney for the government, who by 18, United States Code,’’; and the effectiveness of sharing of information any means authorized by this chapter, has ob- (2) by inserting ‘‘and (VI)’’ after ‘‘Rule among Federal, State, and local entities. tained knowledge of the contents of any wire, 6(e)(3)(C)(i)(V)’’. (b) SPECIFIED CONGRESSIONAL COMMITTEES.— oral, or electronic communication, or evidence The congressional committees referred to in sub- The CHAIRMAN pro tempore. Are derived therefrom, may disclose such contents or there amendments to section 8? section (a) are the following committees: derivative evidence to a foreign investigative or (1) The Permanent Select Committee on Intel- law enforcement officer to the extent that such If not, the Clerk will designate sec- ligence and the Committee on the Judiciary of disclosure is appropriate to the proper perform- tion 9. the House of Representatives. ance of the official duties of the officer making The text of section 9 is as follows: (2) The Select Committee on Intelligence and or receiving the disclosure, and foreign inves- SEC. 9. INFORMATION ACQUIRED FROM AN ELEC- the Committee on the Judiciary of the Senate. tigative or law enforcement officers may use or TRONIC SURVEILLANCE. The CHAIRMAN pro tempore. Are disclose such contents or derivative evidence to Section 106(k)(1) of the Foreign Intelligence there amendments to section 4? the extent such use or disclosure is appropriate Surveillance Act of 1978 (50 U.S.C. 1806) is

VerDate 11-MAY-2000 02:00 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 6333 E:\CR\FM\K26JN7.040 pfrm12 PsN: H26PT1 H3948 CONGRESSIONAL RECORD — HOUSE June 26, 2002 amended by inserting after ‘‘law enforcement of- Pursuant to clause 8 of rule XX, this Meehan Rahall Stenholm ficers’’ the following: ‘‘or law enforcement per- 15-minute vote on passage of H.R. 4598 Meek (FL) Ramstad Strickland sonnel of a State or political subdivision of a Meeks (NY) Rangel Stump will be followed by 5-minute votes on Menendez Regula Stupak State (including the chief executive officer of H.R. 4477, on H.R. 4070, and on approv- Mica Rehberg Sullivan that State or political subdivision who has the ing the Journal. Millender- Reynolds Sununu authority to appoint or direct the chief law en- McDonald Riley Tancredo forcement officer of that State or political sub- The vote was taken by electronic de- Miller, Dan Rivers Tanner division)’’. vice, and there were—yeas 422, nays 2, Miller, Gary Rodriguez Tauscher not voting 10, as follows: Miller, George Roemer Tauzin The CHAIRMAN pro tempore. Are Miller, Jeff Rogers (KY) Taylor (MS) there amendments to section 9? [Roll No. 258] Mink Rogers (MI) Taylor (NC) If not, the Clerk will designate sec- YEAS—422 Mollohan Rohrabacher Terry tion 10. Moore Ros-Lehtinen Thomas Abercrombie Davis (CA) Holden Moran (KS) Ross Thompson (CA) The text of section 10 is as follows: Ackerman Davis (FL) Holt Moran (VA) Rothman Thompson (MS) SEC. 10. INFORMATION ACQUIRED FROM A PHYS- Aderholt Davis (IL) Honda Morella Roybal-Allard Thornberry ICAL SEARCH. Akin Davis, Jo Ann Hooley Murtha Royce Thune Section 305(k)(1) of the Foreign Intelligence Allen Davis, Tom Horn Myrick Rush Thurman Andrews Deal Hostettler Nadler Ryan (WI) Tiahrt Surveillance Act of 1978 (50 U.S.C. 1825) is Armey DeFazio Houghton amended by inserting after ‘‘law enforcement of- Napolitano Ryun (KS) Tiberi Baca DeGette Hoyer Neal Sabo Tierney ficers’’ the following: ‘‘or law enforcement per- Bachus DeLauro Hulshof Nethercutt Sanchez Toomey sonnel of a State or political subdivision of a Baird DeLay Hyde Ney Sanders Towns State (including the chief executive officer of Baker DeMint Inslee Norwood Sandlin Turner that State or political subdivision who has the Baldacci Deutsch Isakson Nussle Sawyer Udall (CO) authority to appoint or direct the chief law en- Baldwin Diaz-Balart Israel Oberstar Saxton Udall (NM) Ballenger Dicks Issa Obey Schaffer Upton forcement officer of that State or political sub- Barcia Dingell Istook division)’’. Olver Schakowsky Velazquez Barr Doggett Jackson (IL) Ortiz Schiff Visclosky The CHAIRMAN pro tempore. Are Barrett Dooley Jackson-Lee Osborne Schrock Vitter there amendments to section 10? Bartlett Doolittle (TX) Ose Scott Walden Barton Doyle Jefferson Are there further amendments to the Owens Sensenbrenner Walsh Bass Dreier Jenkins Oxley Serrano Wamp bill? Becerra Duncan John Pallone Sessions Waters If not, the question is on the com- Bentsen Dunn Johnson (CT) Pascrell Shadegg Watkins (OK) mittee amendment in the nature of a Bereuter Edwards Johnson (IL) Pastor Shaw Watson (CA) Berkley Ehlers Johnson, E. B. Paul Shays Watt (NC) substitute. Berman Ehrlich Johnson, Sam Payne Sherman Waxman The committee amendment in the Berry Emerson Jones (NC) Pelosi Sherwood Weiner nature of a substitute was agreed to. Biggert Engel Jones (OH) Pence Shimkus Weldon (FL) The CHAIRMAN pro tempore. Under Bilirakis English Kanjorski Peterson (MN) Shows Weldon (PA) Bishop Eshoo Kaptur Peterson (PA) Shuster Weller the rule, the Committee rises. Blagojevich Etheridge Keller Petri Simpson Wexler Accordingly, the Committee rose; Blumenauer Evans Kelly Phelps Skeen Whitfield and the Speaker pro tempore (Mr. Blunt Everett Kennedy (MN) Pickering Skelton Wicker Boehlert Farr Kennedy (RI) BONILLA) having assumed the chair, Pitts Slaughter Wilson (NM) Boehner Fattah Kerns Platts Smith (NJ) Wilson (SC) Mr. SIMPSON, Chairman pro tempore of Bonilla Ferguson Kildee Pombo Smith (TX) Wolf the Committee of the Whole House on Bonior Filner Kilpatrick Pomeroy Smith (WA) Woolsey the State of the Union, reported that Flake Kind (WI) Portman Snyder Wu Boozman Fletcher King (NY) Price (NC) Solis Wynn that Committee, having had under con- Borski Foley Kingston Pryce (OH) Souder Young (AK) sideration the bill (H.R. 4598) to pro- Boswell Forbes Kirk Putnam Spratt Young (FL) vide for the sharing of homeland secu- Boucher Ford Kleczka Quinn Stark Boyd Fossella Knollenberg Radanovich Stearns rity information by Federal intel- Brady (PA) Frank Kolbe ligence and law enforcement agencies Brady (TX) Frelinghuysen LaFalce NAYS—2 with State and local entities, pursuant Brown (FL) Frost LaHood Delahunt Kucinich to House Resolution 458, he reported Brown (OH) Gallegly Lampson Brown (SC) Ganske Langevin NOT VOTING—10 the bill back to the House with an Bryant Gekas Lantos Hunter Roukema Traficant Burr Gephardt Larsen (WA) amendment adopted by the Committee Northup Simmons Watts (OK) Burton Gibbons Larson (CT) of the Whole. Otter Smith (MI) Buyer Gilchrest Latham Reyes Sweeney The SPEAKER pro tempore. Under Callahan Gillmor LaTourette the rule, the previous question is or- Calvert Gilman Leach b 1239 dered. Camp Gonzalez Lee The question is on the committee Cannon Goode Levin Mr. THOMPSON of Mississippi Cantor Goodlatte Lewis (CA) changed his vote from ‘‘nay’’ to ‘‘yea.’’ amendment in the nature of a sub- Capito Gordon Lewis (GA) stitute. Capps Goss Lewis (KY) So the bill was passed. The committee amendment in the Capuano Graham Linder The result of the vote was announced Cardin Granger Lipinski as above recorded. nature of a substitute was agreed to. Carson (IN) Graves LoBiondo The SPEAKER pro tempore. The Carson (OK) Green (TX) Lofgren A motion to reconsider was laid on question is on the engrossment and Castle Green (WI) Lowey the table. third reading of the bill. Chabot Greenwood Lucas (KY) Stated for: Chambliss Grucci Lucas (OK) Mr. SWEENEY. Mr. Speaker, on June 26, The bill was ordered to be engrossed Clay Gutierrez Luther and read a third time, and was read the Clayton Gutknecht Lynch 2002, I missed the rollcall vote No. 258. If I third time. Clement Hall (OH) Maloney (CT) had been present I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Clyburn Hall (TX) Maloney (NY) Mr. OTTER. Mr. Speaker, I was unavoidably Coble Hansen Manzullo question is on the passage of the bill. Collins Harman Markey detained for rollcall vote 258 on H.R. 4598, The question was taken; and the Combest Hart Mascara the Homeland Security Information Sharing Speaker pro tempore announced that Condit Hastings (FL) Matheson Act. Had I been present I would have voted Conyers Hastings (WA) Matsui ‘‘aye.’’ the ayes appeared to have it. Cooksey Hayes McCarthy (MO) Ms. HARMAN. Mr. Speaker, I object Costello Hayworth McCarthy (NY) f to the vote on the ground that a Cox Hefley McCollum quorum is not present and make the Coyne Herger McCrery ANNOUNCEMENT BY THE SPEAKER Cramer Hill McDermott PRO TEMPORE point of order that a quorum is not Crane Hilleary McGovern present. Crenshaw Hilliard McHugh The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi- Crowley Hinchey McInnis SIMPSON). Pursuant to clause 8 of rule dently a quorum is not present. Cubin Hinojosa McIntyre XX, the Chair will resume proceedings Culberson Hobson McKeon The Sergeant at Arms will notify ab- Cummings Hoeffel McKinney on postponed questions in the following sent Members. Cunningham Hoekstra McNulty order:

VerDate 11-MAY-2000 01:44 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.012 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3949 H.R. 4477, by the yeas and nays; Johnson (CT) Mink Sessions SOCIAL SECURITY PROGRAM Johnson (IL) Mollohan Shadegg H.R. 4070, de novo; Johnson, E. B. Moore Shaw PROTECTION ACT OF 2002 Approval of the Journal, de novo. Johnson, Sam Moran (KS) Shays The SPEAKER pro tempore (Mr. Jones (NC) Moran (VA) Sherman The Chair will reduce to 5 minutes SIMPSON). The unfinished business is the time for each electronic vote. Jones (OH) Morella Sherwood Kanjorski Murtha Shimkus the question of suspending the rules f Kaptur Myrick Shows and passing the bill, H.R. 4070, as Keller Napolitano Shuster amended. Kelly Neal Simmons SEX TOURISM PROHIBITION The Clerk read the title of the bill. IMPROVEMENT ACT OF 2002 Kennedy (MN) Nethercutt Simpson Kennedy (RI) Ney Skeen The SPEAKER pro tempore. The The SPEAKER pro tempore. The un- Kerns Norwood Skelton question is on the motion offered by finished business is the question of sus- Kildee Nussle Slaughter Kilpatrick Oberstar Smith (NJ) the gentleman from Florida (Mr. SHAW) pending the rules and passing the bill, Kind (WI) Obey Smith (TX) that the House suspend the rules and H.R. 4477, as amended. King (NY) Ortiz Smith (WA) pass the bill, H.R. 4070, as amended. The Clerk read the title of the bill. Kingston Osborne Snyder The question was taken. Kirk Ose Solis The SPEAKER pro tempore. The Kleczka Otter Souder The SPEAKER pro tempore. In the question is on the motion offered by Knollenberg Owens Spratt opinion of the Chair, two-thirds of the gentleman from Wisconsin (Mr. Kolbe Oxley Stark those present have voted in the affirm- SENSENBRENNER) that the House sus- Kucinich Pallone Stearns LaFalce Pascrell Stenholm ative. pend the rules and pass the bill, H.R. LaHood Pastor Strickland RECORDED VOTE 4477, as amended, on which the yeas Lampson Payne Stump Mr. OTTER. Mr. Speaker, I demand a and nays are ordered. Langevin Pelosi Stupak Lantos Pence Sullivan recorded vote. This will be a 5-minute vote. Larsen (WA) Peterson (MN) Sununu A recorded vote was ordered. The vote was taken by electronic de- Larson (CT) Peterson (PA) Tancredo The SPEAKER pro tempore. This vice, and there were—yeas 418, nays 8, Latham Petri Tanner will be a 5-minute vote. not voting 8, as follows: LaTourette Phelps Tauscher Lee Pickering Tauzin The vote was taken by electronic de- [Roll No. 259] Levin Pitts Taylor (MS) vice, and there were—ayes 425, noes 0, YEAS—418 Lewis (CA) Platts Taylor (NC) not voting 9, as follows: Lewis (GA) Pombo Terry Abercrombie Chambliss Fossella Lewis (KY) Pomeroy Thomas [Roll No. 260] Ackerman Clay Frelinghuysen Linder Portman Thompson (CA) AYES—425 Aderholt Clayton Frost Lipinski Price (NC) Thompson (MS) Akin Clement Gallegly LoBiondo Pryce (OH) Thornberry Abercrombie Carson (OK) Flake Allen Clyburn Ganske Lofgren Putnam Thune Ackerman Castle Fletcher Andrews Coble Gekas Lowey Quinn Thurman Aderholt Chabot Foley Armey Collins Gephardt Lucas (KY) Radanovich Tiahrt Akin Chambliss Forbes Baca Combest Gibbons Lucas (OK) Rahall Tiberi Allen Clay Ford Bachus Condit Gilchrest Luther Ramstad Tierney Andrews Clayton Fossella Baird Conyers Gillmor Lynch Regula Toomey Armey Clement Frank Baker Cooksey Gilman Maloney (CT) Rehberg Towns Baca Clyburn Frelinghuysen Baldacci Costello Gonzalez Maloney (NY) Reyes Turner Bachus Coble Frost Baldwin Cox Goode Manzullo Reynolds Udall (CO) Baird Collins Gallegly Ballenger Coyne Goodlatte Markey Riley Udall (NM) Baker Combest Ganske Barcia Cramer Gordon Mascara Rivers Upton Baldacci Condit Gekas Barr Crane Goss Matheson Rodriguez Velazquez Baldwin Conyers Gephardt Barrett Crenshaw Graham Matsui Roemer Visclosky Ballenger Cooksey Gibbons Bartlett Crowley Granger McCarthy (MO) Rogers (KY) Vitter Barcia Costello Gilchrest Barton Cubin Graves McCarthy (NY) Rogers (MI) Walden Barr Cox Gillmor Bass Culberson Green (TX) McCollum Rohrabacher Walsh Barrett Coyne Gilman Becerra Cummings Green (WI) McCrery Ros-Lehtinen Wamp Bartlett Cramer Gonzalez Bentsen Cunningham Grucci McDermott Ross Waters Barton Crane Goode Bereuter Davis (CA) Gutierrez McGovern Rothman Watkins (OK) Bass Crenshaw Goodlatte Berkley Davis (FL) Gutknecht McHugh Roybal-Allard Watson (CA) Becerra Crowley Gordon Berman Davis (IL) Hall (OH) McInnis Royce Waxman Bentsen Cubin Goss Berry Davis, Jo Ann Hall (TX) McIntyre Rush Weiner Bereuter Culberson Graham Biggert Davis, Tom Hansen McKeon Ryan (WI) Weldon (FL) Berkley Cummings Granger Bilirakis Deal Harman McKinney Ryun (KS) Weldon (PA) Berman Cunningham Graves Bishop DeFazio Hart McNulty Sabo Weller Berry Davis (CA) Green (TX) Blagojevich DeGette Hastings (WA) Meehan Sanchez Wexler Biggert Davis (FL) Green (WI) Blumenauer Delahunt Hayes Meek (FL) Sanders Whitfield Bilirakis Davis (IL) Grucci Blunt DeLauro Hayworth Meeks (NY) Sandlin Wicker Bishop Davis, Jo Ann Gutierrez Boehlert DeLay Hefley Menendez Sawyer Wilson (NM) Blagojevich Davis, Tom Gutknecht Boehner DeMint Herger Mica Saxton Wilson (SC) Blumenauer Deal Hall (OH) Bonilla Deutsch Hill Millender- Schaffer Wolf Blunt DeFazio Hall (TX) Bonior Diaz-Balart Hilleary McDonald Schakowsky Woolsey Boehlert DeGette Hansen Bono Dicks Hilliard Miller, Dan Schiff Wu Boehner Delahunt Harman Boozman Dingell Hinchey Miller, Gary Schrock Wynn Bonilla DeLauro Hart Borski Doggett Hinojosa Miller, George Sensenbrenner Young (AK) Bonior DeLay Hastings (FL) Boswell Dooley Hobson Miller, Jeff Serrano Young (FL) Bono DeMint Hastings (WA) Boucher Doolittle Hoeffel Boozman Deutsch Hayes Boyd Doyle Hoekstra NAYS—8 Borski Diaz-Balart Hayworth Brady (PA) Dreier Holden Boswell Dicks Hefley Brady (TX) Duncan Holt Frank Olver Scott Boucher Dingell Herger Brown (FL) Dunn Honda Hastings (FL) Paul Watt (NC) Boyd Doggett Hill Brown (OH) Edwards Hooley Nadler Rangel Brady (PA) Dooley Hilleary Brown (SC) Ehlers Horn Brady (TX) Doolittle Hilliard Bryant Ehrlich Hostettler NOT VOTING—8 Brown (FL) Doyle Hinchey Burr Emerson Houghton Greenwood Roukema Traficant Brown (OH) Dreier Hinojosa Burton Engel Hoyer Leach Smith (MI) Watts (OK) Brown (SC) Duncan Hobson Buyer English Hulshof Northup Sweeney Bryant Dunn Hoeffel Callahan Eshoo Hunter Burr Ehlers Hoekstra Calvert Etheridge Hyde Burton Ehrlich Holden Camp Evans Inslee b 1249 Buyer Emerson Holt Cannon Everett Isakson Callahan Engel Honda Cantor Farr Israel So (two-thirds having voted in favor Calvert English Hooley Capito Fattah Issa thereof) the rules were suspended and Camp Eshoo Horn Capps Ferguson Istook the bill, as amended, was passed. Cannon Etheridge Hostettler Capuano Filner Jackson (IL) Cantor Evans Houghton Cardin Flake Jackson-Lee The result of the vote was announced Capito Everett Hoyer Carson (IN) Fletcher (TX) as above recorded. Capps Farr Hulshof Carson (OK) Foley Jefferson Capuano Fattah Hunter Castle Forbes Jenkins A motion to reconsider was laid on Cardin Ferguson Hyde Chabot Ford John the table. Carson (IN) Filner Inslee

VerDate 11-MAY-2000 01:44 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.051 pfrm12 PsN: H26PT1 H3950 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Isakson Miller, Dan Scott Mr. EDWARDS. Mr. Speaker, on rollcall No. King (NY) Ney Shaw Israel Miller, Gary Sensenbrenner Kingston Norwood Shays Issa Miller, George Serrano 260, the Social Security Program Protection Kirk Nussle Sherman Istook Miller, Jeff Sessions Act, had I been present, I would have voted Kleczka Oberstar Sherwood Jackson (IL) Mink Shadegg ‘‘aye.’’ Knollenberg Obey Shimkus Jackson-Lee Mollohan Shaw Kolbe Ortiz Shows (TX) Moore Shays f LaFalce Osborne Shuster Jefferson Moran (KS) Sherman LaHood Ose Simmons Jenkins Moran (VA) Sherwood THE JOURNAL Lampson Otter Simpson John Morella Shimkus Langevin Owens Skeen Johnson (CT) Murtha Shows The SPEAKER pro tempore. Pursu- Lantos Oxley Skelton Johnson (IL) Myrick Shuster ant to clause 8 of rule XX, the pending Larson (CT) Pallone Slaughter Johnson, E. B. Nadler Simmons LaTourette Pastor Smith (NJ) Johnson, Sam Napolitano Simpson business is the question on agreeing to Leach Paul Smith (TX) Jones (NC) Neal Skeen the Speaker’s approval of the Journal. Lee Payne Smith (WA) Jones (OH) Nethercutt Skelton The question is on the Speaker’s ap- Levin Pelosi Snyder Kanjorski Ney Slaughter proval of the Journal. Lewis (CA) Pence Solis Kaptur Norwood Smith (NJ) Lewis (GA) Peterson (PA) Souder Keller Nussle Smith (TX) The question was taken; and the Lewis (KY) Petri Spratt Kelly Oberstar Smith (WA) Speaker pro tempore announced that Linder Phelps Stark Kennedy (MN) Obey Snyder the ayes appeared to have it. Lipinski Pickering Stearns Kennedy (RI) Olver Solis Lofgren Pitts Stenholm Kerns Ortiz Souder RECORDED VOTE Lowey Platts Stump Kildee Osborne Spratt Mr. FOLEY. Mr. Speaker, I demand a Lucas (KY) Pombo Sullivan Kilpatrick Ose Stark recorded vote. Lucas (OK) Pomeroy Sununu Kind (WI) Otter Stearns Luther Portman Tanner King (NY) Owens Stenholm A recorded vote was ordered. Lynch Price (NC) Tauscher Kingston Oxley Strickland The SPEAKER pro tempore. This Maloney (CT) Putnam Taylor (NC) Kirk Pallone Stump will be a 5-minute vote. Maloney (NY) Quinn Terry Kleczka Pascrell Stupak Manzullo Rahall Thomas Knollenberg Pastor Sullivan The vote was taken by electronic de- Markey Rangel Thornberry Kolbe Paul Sununu vice, and there were—ayes 369, noes 41, Mascara Regula Thune Kucinich Payne Tancredo answered ‘‘present’’ 1, not voting 23, as Matheson Rehberg Thurman LaFalce Pelosi Tanner follows: Matsui Reyes Tiberi LaHood Pence Tauscher McCarthy (MO) Reynolds Tierney Lampson Peterson (MN) Tauzin [Roll No. 261] McCarthy (NY) Riley Toomey Langevin Peterson (PA) Taylor (MS) AYES—369 McCollum Rivers Towns Lantos Petri Taylor (NC) McCrery Rodriguez Turner Larsen (WA) Phelps Terry Abercrombie Coble Goode McHugh Roemer Upton Larson (CT) Pickering Thomas Ackerman Collins Gordon McInnis Rogers (KY) Velazquez Latham Pitts Thompson (CA) Akin Combest Goss McIntyre Rogers (MI) Visclosky LaTourette Platts Thompson (MS) Allen Condit Graham McKeon Rohrabacher Vitter Lee Pombo Thornberry Andrews Conyers Granger McKinney Ros-Lehtinen Walden Levin Pomeroy Thune Armey Cooksey Graves Meehan Ross Walsh Lewis (CA) Portman Thurman Baca Cox Green (TX) Meeks (NY) Rothman Watkins (OK) Lewis (GA) Price (NC) Tiahrt Bachus Coyne Grucci Menendez Roybal-Allard Watson (CA) Lewis (KY) Pryce (OH) Tiberi Baird Cramer Hall (OH) Mica Royce Watt (NC) Linder Putnam Tierney Baker Crenshaw Hall (TX) Millender- Rush Waxman Lipinski Quinn Toomey Baldacci Crowley Hansen McDonald Ryan (WI) Weiner LoBiondo Radanovich Towns Ballenger Cubin Harman Miller, Dan Ryun (KS) Weldon (FL) Lofgren Rahall Turner Barcia Culberson Hart Miller, Gary Sabo Weldon (PA) Lowey Ramstad Udall (CO) Barr Cunningham Hastings (FL) Miller, Jeff Sanchez Wexler Lucas (KY) Rangel Udall (NM) Barrett Davis (CA) Hastings (WA) Mink Sanders Whitfield Lucas (OK) Regula Upton Bartlett Davis (FL) Hayes Mollohan Sandlin Wicker Luther Rehberg Velazquez Barton Davis (IL) Hayworth Moran (KS) Sawyer Wilson (NM) Lynch Reyes Visclosky Bass Davis, Tom Herger Moran (VA) Schakowsky Wilson (SC) Maloney (CT) Reynolds Vitter Becerra Deal Hill Morella Schiff Wolf Maloney (NY) Riley Walden Bentsen DeGette Hilleary Murtha Schrock Woolsey Manzullo Rivers Walsh Bereuter Delahunt Hinchey Myrick Sensenbrenner Wynn Markey Rodriguez Wamp Berkley DeLauro Hinojosa Nadler Serrano Young (AK) Mascara Roemer Waters Berman DeLay Hobson Napolitano Sessions Young (FL) Matheson Rogers (KY) Watkins (OK) Berry DeMint Hoeffel Neal Shadegg Matsui Rogers (MI) Watson (CA) Biggert Deutsch Hoekstra McCarthy (MO) Rohrabacher Watt (NC) Bilirakis Diaz-Balart Holden NOES—41 McCarthy (NY) Ros-Lehtinen Waxman Bishop Dicks Holt Blagojevich Dingell Honda Aderholt Johnson, E. B. Schaffer McCollum Ross Weiner Baldwin Kucinich Scott McCrery Rothman Weldon (FL) Blumenauer Doggett Hooley Blunt Dooley Horn Borski Larsen (WA) Strickland McDermott Roybal-Allard Weldon (PA) Brady (PA) Latham Stupak McGovern Royce Weller Boehlert Doolittle Hostettler Boehner Doyle Houghton Capuano LoBiondo Taylor (MS) McHugh Rush Wexler Costello McDermott Thompson (CA) McInnis Ryan (WI) Whitfield Bonilla Dreier Hoyer Bonior Duncan Hulshof Crane McGovern Thompson (MS) McIntyre Ryun (KS) Wicker DeFazio McNulty Udall (CO) McKeon Sabo Wilson (NM) Bono Dunn Hunter Boozman Edwards Hyde English Miller, George Udall (NM) McKinney Sanchez Wilson (SC) Filner Moore Wamp McNulty Sanders Wolf Boswell Ehlers Inslee Boucher Ehrlich Isakson Gillmor Pascrell Waters Meehan Sandlin Woolsey Gutknecht Peterson (MN) Weller Meek (FL) Sawyer Wu Boyd Emerson Israel Brady (TX) Engel Issa Hefley Ramstad Wu Meeks (NY) Saxton Wynn Hilliard Saxton Menendez Schaffer Young (AK) Brown (FL) Eshoo Istook Brown (OH) Etheridge Jackson (IL) Mica Schakowsky Young (FL) ANSWERED ‘‘PRESENT’’—1 Millender- Schiff Brown (SC) Evans Jackson-Lee McDonald Schrock Bryant Everett (TX) Tancredo Burr Farr Jefferson NOT VOTING—9 Burton Fattah Jenkins NOT VOTING—23 Callahan Ferguson John Edwards Northup Sweeney Buyer Greenwood Roukema Calvert Flake Johnson (CT) Greenwood Roukema Traficant Carson (IN) Gutierrez Smith (MI) Camp Fletcher Johnson (IL) Leach Smith (MI) Watts (OK) Cummings Meek (FL) Sweeney Cannon Foley Johnson, Sam Davis, Jo Ann Nethercutt Tauzin Cantor Forbes Jones (NC) Gallegly Northup Tiahrt b 1258 Capito Ford Jones (OH) Gephardt Olver Traficant Capps Fossella Kanjorski Goodlatte Pryce (OH) Watts (OK) So (two-thirds having voted in favor Cardin Frank Kaptur Green (WI) Radanovich thereof) the rules were suspended and Carson (OK) Frelinghuysen Keller Castle Frost Kelly the bill, as amended, was passed. Chabot Ganske Kennedy (MN) b 1306 The result of the vote was announced Chambliss Gekas Kennedy (RI) as above recorded. Clay Gibbons Kerns So the Journal was approved. Clayton Gilchrest Kildee A motion to reconsider was laid on Clement Gilman Kilpatrick The result of the vote was announced the table. Clyburn Gonzalez Kind (WI) as above recorded.

VerDate 11-MAY-2000 01:44 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.020 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3951 PERSONAL EXPLANATION that the majority wants to bring the this body ought to be able to pick up Mr. GREENWOOD. Mr. Speaker, on rollcall rule on the trade promotion to the Senator DASCHLE’s bill, passed in the Nos. 259, 260 and 261, I was unavoidably de- floor, turning upside down the schedule Senate, and pass it in the House, with tained. Had I been present, I would have for the rest of the day. It is not just the a generous number of Members of the voted ‘‘yes’’ on all 3 measures. minority that is disserved by this un- minority willing to vote for the Senate Mr. WATTS of Oklahoma. Mr. Speaker, I professional approach to our schedule. majority leader’s own bill. But so far I was unavoidably detained in my district and It is the general public and those who have seen no indication that the mi- missed recorded votes on Wednesday, June follow with interest and have public nority Members of this body are will- 26, 2002. I would like the RECORD to reflect opinion about the work of Congress in ing to vote in agreement with the Dem- that, had I been present, I would have cast the the people’s House. ocrat majority leader from the other following votes: On passage of H.R. 4598, roll- So if the gentleman would convey the body. Therefore, I cannot make an an- call vote No. 258, I would have voted ‘‘yea’’; displeasure of the minority in the man- nouncement about our ability to bring on passage of H.R. 4477, rollcall vote No. ner in which this important issue is his bill forward. 259, I would have voted ‘‘yea’’; on passage of being treated and how this schedule Ms. PELOSI. Is one to infer from H.R. 4070, rollcall vote No. 260, I would have has turned into such a haphazard ar- what the gentleman has said that the voted ‘‘yea’’; on approval of the Journal, roll- rangement at will, with no consulta- majority would be willing to bring up a call vote No. 261, I would have voted ‘‘yea’’. tion, about these very important freestanding bill with some discussion f issues. about what the amount would be for Now we are going to have a vote on the debt limit, including the $150 bil- LEGISLATIVE PROGRAM fast track. Could the gentleman shed lion that the minority has been sug- (Mr. ARMEY asked and was given some light as to when the majority gesting? permission to address the House for 1 may bring up the prescription drug Mr. ARMEY. Mr. Speaker, I appre- minute and to revise and extend his re- benefit bill? ciate the gentlewoman’s question, and marks.) Mr. ARMEY. Well, I thank the gen- let me just say to the gentlewoman Mr. ARMEY. Mr. Speaker, in a few tlewoman for that inquiry, and let me that one should infer from what I said minutes we are going to ask that the say to the gentlewoman that I do ap- that any serious suggestion or rec- House recess until approximately 2 preciate the concerns she has raised. I ommendation will be considered. At p.m. When we return from that recess, spent 10 years in the minority, and this point, I believe that the Senate we should return to consider, one, the there were many times during those 10 majority leader’s passed bill is a seri- rule to go to conference on the Omni- years that I too, without better under- ous proposition. We would be happy to bus Trade Act; two, motion to instruct standing, was concerned about whether consider that if Members of the minor- conferees on trade, if it is offered; and or not the schedule was done in a pro- ity would indicate their willingness to then, three, the suspension votes that fessional and considerate manner. I vote with Senator DASCHLE on this have been rolled from last Tuesday. learned to accept that the majority matter. After the completion of that work, was doing the best they could, many Ms. PELOSI. Well, our distinguished then we would have completed our times under difficult circumstances, minority leader has made an offer to work for the day. and that I should be patient and under- the Republican majority. Ms. PELOSI. Mr. Speaker, will the standing. On the supplemental, do we know gentleman yield? Upon accepting these responsibil- when that will be coming up? Mr. ARMEY. I yield to the gentle- ities, I have always concerned myself Mr. ARMEY. Again, I am pleased to woman from California. that the minority should have these announce that the conferees on the Ms. PELOSI. Mr. Speaker, I thank feelings. And it is for that reason that supplemental have found a way back to the gentleman for yielding to me. I I made it a point at the close of busi- the table to discuss that. I have been would like to have an inquiry about ness last week, in my colloquy, to ad- advised by the chairman of the Com- schedule and about the substance of vise the body, the minority in par- mittee on Appropriations that he has a the rule that will be coming to the ticular, that we would be trying to renewed optimism on this matter. floor. bring this bill to the floor, and stipu- It is my hope that that optimism Mr. Leader, is this the identical rule, lated at that time we would do so gets worked out even during this next or is the gentleman planning to amend whenever we were able to do so. hour, when they can sit down together. it on the floor? We are now able to do so, and I am Nothing would please me more than to Mr. ARMEY. Reclaiming my time, happy to see us move on. I will try my be able to announce later, even perhaps Mr. Speaker, I thank the gentlewoman very, very best to not disappoint the to the inconvenience and surprise of for her inquiry. Indeed, it is the iden- gentlewoman from California in the fu- some Members, that we are prepared to tical rule we had reported last week. ture. bring that very important conference Ms. PELOSI. Mr. Speaker, if the gen- Ms. PELOSI. If the gentleman will report to the floor. tleman will continue to yield, and with continue to yield, I had a question Ms. PELOSI. Mr. Speaker, will the all due respect to the majority leader about the prescription drug bill. gentleman continue to yield? and his capacity, I hope that he will Mr. ARMEY. I will be happy to con- Mr. ARMEY. I will be happy to con- convey to the Republican leadership tinue to yield. tinue to yield to the gentlewoman. the displeasure of the Members in the Ms. PELOSI. When does the gen- Ms. PELOSI. Mr. Speaker, I appre- minority, and really I think we speak tleman think the prescription drug leg- ciate the information that the gen- on behalf of the American people when islation will be coming to the floor? tleman has been willing to provide. we say that the work that we do on Mr. ARMEY. I appreciate the gentle- I think it is important for both sides this floor is very important. The public woman’s inquiry. I see no sign that we of the aisle to remember that the legis- needs notice as to what we are doing. will be able to do that yet today; but as lation and the issues that we are deal- A schedule was put forth that we soon as we are capable of bringing that ing with are not our private personal would have votes this morning so that bill to the floor, we will let the minor- property. The American people expect we could notify Members who are doing ity know. and should demand more transparency their work in their committees. That Ms. PELOSI. The debt limit? than what is happening in this House. was turned upside down. Now we come Mr. ARMEY. On the debt limit, I What is happening in this House is to the floor and the majority is asking again renew my invitation to Members we are moving to a much less demo- for a recess to take up the very impor- of the minority to join with us in pass- cratic way of discussing the issues. I tant issue of trade promotion within an ing this very important increase in the am not speaking to what the gen- hour. debt limit so that we can indeed deal tleman experienced 8 years ago, be- We are coming back in an hour. Is with even the important supplemental cause the gentleman knows that when that what the gentleman said, at 2 bill. the Republican majority came in, part p.m., in 55 minutes? In a matter of The Senate has passed Senator of the Contract on America was to minutes we are now notifying Members DASCHLE’s bill. It would strike me that close down debate on this floor; to

VerDate 11-MAY-2000 02:48 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.023 pfrm12 PsN: H26PT1 H3952 CONGRESSIONAL RECORD — HOUSE June 26, 2002 eliminate many options available for Blumenauer Goss McCrery Skeen Tanner Vitter Blunt Graham McHugh Skelton Tauscher Walden debate for the minority. So this is yet Boehlert Granger McInnis Slaughter Tauzin Walsh again another example. Boehner Graves McIntyre Smith (NJ) Taylor (MS) Wamp Mr. ARMEY. Mr. Speaker, reclaiming Bonilla Green (TX) McKeon Smith (TX) Taylor (NC) Watkins (OK) my time, I thank the gentlewoman for Bono Green (WI) McKinney Smith (WA) Terry Watt (NC) Boozman Greenwood McNulty Snyder Thomas Weiner her comments and remind the body Borski Grucci Meehan Solis Thompson (CA) Weldon (FL) that indeed the Contract With America Boswell Gutierrez Meeks (NY) Souder Thornberry Weldon (PA) was to bring to this floor for debate Boucher Gutknecht Menendez Spratt Thurman Weller and to vote on this floor 10 items that Boyd Hall (OH) Mica Stark Tiahrt Wexler Brady (PA) Hall (TX) Millender- Stearns Tiberi Whitfield were disallowed by the prior majority. Brady (TX) Hansen McDonald Stenholm Tierney Wicker Strickland Toomey Wilson (NM) f Brown (OH) Harman Miller, Dan Brown (SC) Hart Miller, Gary Stump Turner Wilson (SC) Sullivan Udall (CO) Woolsey RECESS Bryant Hastings (WA) Miller, George Burr Hayes Miller, Jeff Sununu Udall (NM) Wu The SPEAKER pro tempore (Mr. Burton Hayworth Mollohan Sweeney Upton Young (FL) Moore Tancredo Visclosky SIMPSON). Pursuant to clause 12 of rule Buyer Hefley Callahan Herger Moran (KS) NOT VOTING—11 I, the Chair declares the House in re- Calvert Hill Morella cess subject to the call of the Chair. Camp Hilleary Murtha Clayton Riley Watts (OK) Accordingly (at 1 o’clock and 14 min- Cannon Hinojosa Myrick Doyle Roukema Wolf Cantor Hobson Nadler LaFalce Smith (MI) Young (AK) utes p.m.), the House stood in recess Capito Hoeffel Neal Obey Traficant subject to the call of the Chair. Capps Hoekstra Nethercutt Cardin Holden Ney b 1442 f Carson (IN) Holt Northup Ms. BERKLEY, Mrs. MCCARTHY of Carson (OK) Honda Norwood b 1419 Castle Hooley Nussle New York, Messrs. JONES of North Chabot Horn Oberstar Carolina, BARTLETT of Maryland, AFTER RECESS Chambliss Hostettler Ortiz KANJORSKI, SHADEGG, Ms. PRYCE The recess having expired, the House Clement Houghton Osborne Clyburn Hulshof Ose of Ohio and Mr. BOOZMAN changed was called to order by the Speaker pro Coble Hunter Otter their vote from ‘‘yea’’ to ‘‘nay.’’ tempore (Mr. LAHOOD) at 2 o’clock and Collins Hyde Owens So the motion to adjourn was re- 19 minutes p.m. Combest Inslee Oxley jected. Condit Isakson Pallone f Cooksey Israel Pascrell The result of the vote was announced Costello Issa Pastor as above recorded. MOTION TO ADJOURN Cox Jackson-Lee Paul Coyne (TX) Payne f Mr. HASTINGS of Florida. Mr. Cramer Jefferson Pence Speaker, I move that the House do now Crane Jenkins Peterson (MN) RELATING TO CONSIDERATION OF adjourn. Crenshaw John Peterson (PA) SENATE AMENDMENT TO H.R. The SPEAKER pro tempore. The Crowley Johnson (CT) Petri 3009, ANDEAN TRADE PROMOTION Cubin Johnson (IL) Phelps AND DRUG ERADICATION ACT question is on the motion to adjourn Culberson Johnson, Sam Pickering offered by the gentleman from Florida Cunningham Jones (NC) Pitts Mr. REYNOLDS. Mr. Speaker, by di- (Mr. HASTINGS). Davis (CA) Kanjorski Platts rection of the Committee on Rules, I Davis (FL) Kaptur Pombo The question was taken; and the Davis (IL) Keller Pomeroy call up House Resolution 450 and ask Speaker pro tempore announced that Davis, Jo Ann Kelly Portman for its immediate consideration. the noes appeared to have it. Davis, Tom Kennedy (MN) Price (NC) The Clerk read the resolution, as fol- Mr. HASTINGS of Florida. Mr. Deal Kennedy (RI) Pryce (OH) lows: DeGette Kerns Putnam Speaker, I object to the vote on the Delahunt Kildee Quinn H. RES. 450 ground that a quorum is not present DeLauro Kilpatrick Radanovich Resolved, That upon adoption of this reso- and make the point of order that a DeLay Kind (WI) Rahall lution the bill (H.R. 3009) to extend the Ande- DeMint King (NY) Ramstad quorum is not present. Deutsch Kingston Rangel an Trade Preference Act, to grant additional The SPEAKER pro tempore. Evi- Diaz-Balart Kirk Regula trade benefits under that Act, and for other dently a quorum is not present. Dooley Kleczka Rehberg purposes, with the Senate amendment there- The Sergeant at Arms will notify ab- Doolittle Knollenberg Reyes to, be, and the same is hereby, taken from Dreier Kolbe Reynolds sent Members. the Speaker’s table to the end that the Sen- Duncan Kucinich Rivers ate amendment thereto be, and the same is The vote was taken by electronic de- Dunn LaHood Rodriguez hereby, agreed to with the amendment print- vice, and there were—yeas 45, nays 378, Edwards Lampson Roemer Ehlers Langevin Rogers (KY) ed in the report of the Committee on Rules not voting 11, as follows: Ehrlich Lantos Rogers (MI) accompanying this resolution. The House [Roll No. 262] Emerson Larsen (WA) Rohrabacher shall be considered to have insisted on its YEAS—45 Engel Larson (CT) Ros-Lehtinen amendment to the Senate amendment and English Latham Ross requested a conference with the Senate Ackerman Filner Olver Eshoo LaTourette Rothman thereon. Berry Hastings (FL) Pelosi Etheridge Leach Roybal-Allard Bishop Hilliard Sanchez Everett Lee Royce The SPEAKER pro tempore (Mr. Bonior Hinchey Sanders Fattah Levin Rush LAHOOD). The gentleman from New Brown (FL) Hoyer Sandlin Ferguson Lewis (CA) Ryan (WI) York (Mr. REYNOLDS) is recognized for Capuano Istook Simmons Flake Lewis (GA) Ryun (KS) Clay Jackson (IL) Stupak Fletcher Lewis (KY) Sabo 1 hour. Conyers Johnson, E. B. Thompson (MS) Foley Linder Sawyer Mr. REYNOLDS. Mr. Speaker, for the Cummings Jones (OH) Thune Forbes Lipinski Saxton purposes of debate only, I yield the cus- DeFazio McDermott Towns Ford LoBiondo Schaffer Dicks McGovern Velazquez Fossella Lofgren Schakowsky tomary 30 minutes to the gentleman Dingell Meek (FL) Waters Frank Lowey Schiff from Florida (Mr. HASTINGS) pending Doggett Mink Watson (CA) Frelinghuysen Lucas (KY) Schrock which I yield myself such time as I Evans Moran (VA) Waxman Frost Lucas (OK) Scott may consume. During consideration of Farr Napolitano Wynn Gallegly Luther Sensenbrenner Ganske Lynch Serrano this resolution, all time yielded is for NAYS—378 Gekas Maloney (CT) Sessions the purpose of debate only. Abercrombie Baker Bass Gephardt Maloney (NY) Shadegg (Mr. REYNOLDS asked and was Aderholt Baldacci Becerra Gibbons Manzullo Shaw Akin Baldwin Bentsen Gilchrest Markey Shays given permission to revise and extend Allen Ballenger Bereuter Gillmor Mascara Sherman his remarks.) Andrews Barcia Berkley Gilman Matheson Sherwood Mr. REYNOLDS. Mr. Speaker, House Armey Barr Berman Gonzalez Matsui Shimkus Resolution 450 is a functional rule re- Baca Barrett Biggert Goode McCarthy (MO) Shows Bachus Bartlett Bilirakis Goodlatte McCarthy (NY) Shuster lating to the consideration of the Sen- Baird Barton Blagojevich Gordon McCollum Simpson ate amendment to H.R. 3009 extending

VerDate 11-MAY-2000 01:44 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.058 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3953 the Andean Trade Preference Act. The ployment, and they will benefit di- usual.’’ Even the gentleman from Cali- rule allows this House to prepare for a rectly from increased exports and fornia (Mr. THOMAS), the chairman of conference with the Senate on com- international sales that will result the Committee on Ways and Means, ad- prehensive trade legislation. from new trade agreements and open mitted that, quote, ‘‘It was unprece- b 1445 markets negotiated under Trade Pro- dented.’’ motion Authority. So how did we get here? Well, if we The rule provides that H.R. 3009 and For example, about one in every five are to believe the chairman of the Senate amendment thereto shall be Kodak jobs in the United States de- Committee on Ways and Means, it is taken from the Speaker’s table and pends on exports. New trade agree- because of what the other Chamber has agreed to with the amendment printed ments are needed to break down for- done to our House-passed trade bills. in the report of the Committee on eign barriers and keep American made Last week, the chairman accused the Rules accompanying this resolution. goods competitive overseas as well as other body of all sorts of underhanded The rule provides that the House opening up foreign markets to domes- legislative witchcraft. And how do we shall be considered to have insisted on tic companies. answer that in the House? With our its amendment to the Senate amend- From family farms to high-tech own Harry Potter-like sorcery. ment. start-ups to established businesses and If we consider the Senate action, as Finally, the rule provides that the manufacturers, increasing free and fair Chairman Thomas did, as a raw, and I House shall be considered to have re- trade will keep our economy going and quote him, political power play, then quested a conference with the Senate. creating jobs in our economy. And let just what is it that we are doing? I Mr. Speaker, my colleagues may be us not forget the significant impact mean, give me a break. This is theater wondering why a rule is needed for the free trade can have on spreading de- of the absurd. It would not have sur- House to put this conference into ac- mocracy and democratic ideals across prised me if this bill was brought to us tion. The answer is really one of sim- the globe. by Congressman George Orwell: up is plification. The House has passed its As America perseveres in the war on down, war is peace. And this is serious version of Trade Promotion Authority terrorism, expanding global trade and legislation? I do not think so. and Andean Trade while the Senate has heightening our role in global trade Is the House understanding this? If passed its own version, including some means greater economic prosperity and this rule passes, we will be giving the measures the House has not singularly opportunities for Americans and our nine majority members of the Com- considered. neighbors worldwide. mittee on Rules the power to legislate This rule prepares the House for con- Let us also not forget that the rest of on all matters of jurisdiction within ference by giving us an appropriate and the world is not waiting while the this House without the full House ever equitable foothold at the bargaining United States putters along. Trade truly working its will. They are at- table. Without this amendment and Promotion Authority offers the best tempting to add the language of H.R. this rule, the House would be at a great chance for the United States to reclaim 3010, relating to the general system of disadvantage going into conference. leadership in the opening of foreign preferences, to this rule, and having it But passing this rule will put the markets, expanding global economic considered as passed. This bill has House at a starting point equivalent opportunities for American producers never passed the House. with the other Chamber so that we can and workers, and developing the vir- No matter. If it is an important trade best represent the needs of our con- tues of democracy around the world. bill that does not require full-House stituents during the deliberations. While long overdue, this is the right consideration today, why not a pre- Mr. Speaker, while this may seem thing for America. Mr. Speaker, I scription drug bill tomorrow? Why not like procedural jargon, I would like to strongly urge my colleagues to support just take a Senate amendment to a remind my colleagues that the House this resolution. House bill, amend it with all sorts of would not be in this position had the Mr. Speaker, I reserve the balance of tinsel and ornaments, and bring it back Senate not taken up the Andean trade my time. to the House floor along with other leg- bill, stripped out all the House-passed Mr. HASTINGS of Florida. Mr. islation that would not have otherwise provisions, and added countless other Speaker, I thank the gentleman from seen the light of day? This is out- trade items, leaving the House with no New York (Mr. REYNOLDS) for yielding rageous. position in the conference on all these me this time, and I yield myself such Now, let us look seriously at how the measures. time as I may consume. House rule today undermines trade and On a larger scale, this rule is needed Mr. Speaker, it is no wonder the the American family. First, as it re- so we can proceed with the vital trade American people have such disdain for lates to hardworking people who lose legislation that is long overdue. Each politicians. The Republican leader- their jobs because their job is sent else- day that we delay, other countries ship’s rule this afternoon is the perfect where or their employer closes the around the world enter into trade example of back-room deals gone American factory to move to some far- agreements without us, gradually sur- wrong, legislating under the cloak of off place, the Senate-passed bill in- rounding the United States with a net- darkness, and accountability at its cludes much stronger language to help work of trade agreements that benefit most pernicious. The leadership has these types of workers. their workers, their farmers, their brought us a rule that not only struc- Specifically as it relates to the businesses, and their economies at the tures the terms of debate but actually health care provisions, the House expense of ours. legislates within the rule. amendment undermine’s the Senate How important is this to American My colleagues will hear from the dis- Trade Adjustment Act assistance by jobs and the American economy? In my tinguished chairman of the Committee reducing the level of support from 70 home State, international trade is a on Ways and Means that much of this percent to 60 percent. The House provi- primary generator of business and job amendment has already passed the sion adds a means-testing requirement growth. In the Buffalo area, the high- House. That is true, much has, but based on prior-year income and pro- est manufacturing employment sectors much has not. What we are being asked viding unusable tax credit to retired are also among the State’s top mer- to do today is to not only weaken U.S. steelworkers for use in the private in- chandise export industries, including trade laws, and this clearly does that, surance market. electronics, fabricated metals, indus- but to completely eviscerate the reg- Under the gentleman from Califor- trial machinery, transportation equip- ular order of procedures in this House. nia’s (Mr. THOMAS) plan, TAA and ment, and food and food products. Con- At the Committee on Rules last steelworker health care benefits would sequently, as exports increase, employ- week, not one member there could re- be severely limited in availability and ment in these sectors will also in- member a time when the House had at- cost too much for most workers to af- crease. tempted such chicanery. The gen- ford. Moreover the other body’s bill In the Rochester area, companies tleman from California (Mr. DREIER), would include other industries besides like IBM and Kodak play a significant the chairman of the Committee on steelworkers and other suppliers. impact on the local economy and em- Rules, said, and I quote, ‘‘It was un- Farmers, for instance, a very large

VerDate 11-MAY-2000 01:44 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.062 pfrm12 PsN: H26PT1 H3954 CONGRESSIONAL RECORD — HOUSE June 26, 2002 group in my district in south Florida, (Mr. THOMAS asked and was given b 1500 would gain from the other body’s bill. permission to revise and extend his re- The SPEAKER pro tempore (Mr. Fishermen, oil and gas producers, other marks.) LAHOOD). The gentleman from New Mr. THOMAS. Mr. Speaker, I thank raw goods suppliers, all good examples York (Mr. RANGEL) is recognized. of hard-working people that stand to my friend from Florida for stating the Mr. RANGEL. Mr. Speaker, I say benefit under the compromise reached case; and the case is, as he indicated, that the gentleman from California between the Senate and the Bush ad- we are asking the House to include in (Mr. THOMAS) is violating the House ministration and all of whom stand to this rule to go to conference 191 pages. rules by referring to the other body, lose under the amendment the House is That is absolutely correct. Out of the and ask for a ruling. considering right now. 191 pages, more than 165 of them, over The SPEAKER pro tempore. The It is just this simple. One had better 80 percent, have already been passed by Chair advises that Members may de- be the exact right person to get any the House, some of these pieces more scribe actions of the other body factu- sort of benefit from this House bill. than 6 months ago. ally on a matter pending before the This is what we are doing to the Amer- But what the Senate did was to take House, but they may not characterize the House-passed Andean trade bill ican people today. I am embarrassed, such action. The gentleman from Cali- which passed by a voice vote, it was so as rightly all of us should be. fornia has not characterized Senate ac- broadly supported, there was no re- Another interesting part of this tion. corded vote and it passed by a bipar- amendment this afternoon is its inclu- Mr. THOMAS. Mr. Speaker, I did not tisan vote. That Andean bill is 40 sion of the so-called DeMint language. characterize. I indicated factually pages. That is what they sent us to go I found it passing strange that this lan- what the Senate was doing; and would to conference. Under the rules of con- guage is in here in the first place. Not Members notice, I have had two con- ference, that was what the House long ago, the gentleman from Cali- secutive interruptions on parliamen- would have in front of us. What the fornia (Mr. THOMAS), chairman of the tary procedure which were both wrong Senate did was to pass 374 pages. This Committee on Ways and Means, ob- and simply an attempt to cover up the is what the Senate goes to conference jected, and strongly objected, to this facts because they will not be able to with. How many of these pages have language. He said he did not like it and argue on the substance. previously passed the Senate like the would not defend it, and yet it is here These 191 pages are 80 percent passed more than 80 percent of ours? Abso- today. Why? Let me borrow another of already by the House. These 374 pages lutely not one. So what the gentleman the chairman’s phrases from last week by the Senate had not passed the House from Florida wants the House to do is when he was alluding to the other until they put it together this way. to go to conference with this to battle body’s actions, but equally useful here, The institution of the House should not the Senate against this, and what we ‘‘It is a raw political power play.’’ go to a conference with the Senate uni- are saying is let us just make it a little laterally disarming. That is wrong in- Rank politics is rank politics. It does bit fair. not matter if it is in the House, in the stitutionally. PARLIAMENTARY INQUIRY other body, or where this rule belongs, All this rule does is put bills that we Mr. MCDERMOTT. Mr. Speaker. have passed previously together so we somewhere out in the gutter. The SPEAKER pro tempore (Mr. I urge my colleagues to reject this can have our bills in front of the con- LAHOOD). Will the gentleman from ference, as the Senate has as well. odious rule. California yield for the parliamentary Mr. Speaker, I reserve the balance of Members might learn something from inquiry? this. We can actually say what we need our time. Mr. THOMAS. Certainly, for par- to do in 191 pages; the Senate needs 374. Mr. REYNOLDS. Mr. Speaker, I yield liamentary inquiry. Mr. HASTINGS of Florida. Mr. myself such time as I may consume. The SPEAKER pro tempore. Does the Speaker, I yield 2 minutes to the gen- Just want to remind the gentleman gentleman from California (Mr. THOM- tleman from New York (Mr. RANGEL), a AS) yield for that purpose? from Florida (Mr. HASTINGS), my col- member of the Committee on Ways and league on the Committee on Rules, Mr. THOMAS. Is it my time? The SPEAKER pro tempore. The gen- Means. each day he brings a motion to make (Mr. RANGEL asked and was given something in order, he is actually leg- tleman has the right to yield. Mr. THOMAS. Is it coming out of my permission to revise and extend his re- islating in the Committee on Rules on marks.) legislation that he would like to see time? The SPEAKER pro tempore. The gen- Mr. RANGEL. Mr. Speaker, I wish the Committee on Rules intertwine the gentleman from California (Mr. into legislation coming from commit- tleman from California’s time. Mr. THOMAS. No, I will not yield for THOMAS) would share with me those 191 tees of jurisdiction. I also want to take a parliamentary inquiry on my time. pages, because the gentleman’s admis- this time to remind all of the body that The SPEAKER pro tempore. The gen- sion on this floor means that they are in the past the Committee on Rules has tleman may proceed. prepared to just tear up the House allowed rules providing the following: Mr. THOMAS. I appreciate the gen- rules. Just saying that 20 percent of it motions to go to conference, disposi- tleman from Florida’s (Mr. HASTINGS) has not been passed by the House is tion of Senate amendments, allowing attempt to stop the rhythm, but the like saying someone is half pregnant. for amendments to the Senate amend- rhythm will not change when what Mr. Speaker, what gives the gen- ments, and nothing on this legislation they want us to do is to go to con- tleman of the Committee on Ways and is binding on the Senate. ference on one bill when the Senate put Means the right to decide what is going But just because we put it all in one 15 different bills together. These are all to go to conference with the so-called package does not mean that we cannot within the scope of the conference. The other body? do something somewhat unprece- Senate has these in front of the con- Whatever happened to House con- dented. We should look at the fact that ference, and the House of Representa- ferees going into conference with the the rulings of this House are delib- tives would have only 40 pages. other body and saying we will not tol- erately crafted to permit flexibility for POINT OF ORDER erate the other body taking over our unique instances such as this and when Mr. RANGEL. Mr. Speaker, the gen- jurisdiction? Do we have to make up the question comes from my colleagues tleman is referring to the other body. legislation and say, hey, act like this on other side how did we get here, we That is a violation of the House rules. has passed because when we meet with got here because the Senate stripped The SPEAKER pro tempore. The gen- the other body, or the Senate, as the all of the House language and sent it tleman from California will suspend. gentleman calls them, we get weak- back. We are now having an oppor- Mr. RANGEL. The gentleman is vio- kneed. tunity to level the playing field of this lating the House rules by referring to If we do not have any legislation House as this goes to conference. the other body. passed, we make it up as we go along. Mr. Speaker, I yield 3 minutes to the I ask to be recognized by the Chair. Sure, 80 percent of the 191 pages are gentleman from California (Mr. THOM- Regular order. Parliamentary inquiry. cats and dogs that we passed at one AS). Point of order. time or the other. So that should give

VerDate 11-MAY-2000 01:44 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.064 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3955 us a little more weight in terms of the generalized system of preferences, been a time when the House has paper, if not the intellect, that we take which expired 9 months ago. stripped language from the Senate. As to the conference. Trade adjustment assistance plays an we move forward here, we have an op- But the other part, why did not the important role in helping workers and portunity to correct a wrong that has distinguished chairman from California the economy adjust themselves to the occurred on the Senate with us. share with us what he made up? He cer- new economic environment fostered by Mr. Speaker, I reserve the balance of tainly did not make it up in the com- trade, and I support a bipartisan pack- my time. mittee. He did not make it up on the age that helps American workers ad- Mr. HASTINGS of Florida. Mr. House floor. Even Republicans do not just and builds a better, stronger econ- Speaker, I yield 2 minutes to the gen- know what is in it, but we should real- omy. tlewoman from New York (Ms. SLAUGH- ly count on the chairman of the Com- Reauthorization of Customs and the TER). mittee on Ways and Means to go in other trade agencies will provide re- Ms. SLAUGHTER. Mr. Speaker, as a conference with, what, 20 percent of sources in the war against terrorism, member of the Committee on Rules, I paper that he brings to the Committee drugs and international child pornog- am extremely troubled by the lengths on Rules to legislate. raphy. We also facilitate trade by di- to which the majority has gone to What does it mean? That we do not recting funds towards Customs’ new block a real debate on trade. This self- need any more committees? We do not computer system; and we help Customs executing rule denies us the oppor- need subcommittees? We do not need protect our borders by giving them bet- tunity to debate, amend or offer a sub- legislation on the floor, just hope and ter, more sophisticated inspection stitute; and if this resolution passes, pray Members can get on the Com- equipment and legal tools to collect the bill passes. mittee on Rules and be on the majority critical data. Last week, before the Committee on because they will be able to not only This conference provides us an oppor- Rules, the leadership kept insisting legislate but dictate what goes into tunity to send an important signal that that this 191-page document is nec- conference. the United States is committed to our essary to ensure that the House is not Mr. Speaker, I submit this is not just trading partners around the world, to steamrolled by the Senate in the con- an insult to the members of the Com- U.S. workers here at home, and to the ference committee. If so, then this rule mittee on Ways and Means, this is not global trading system in general. I en- should simply strip away the Senate just an insult to the House rules and courage Members to vote yes on the provisions. traditions, it is an insult to the Amer- motion to go to conference. This measure does not leave us with ican people. Mr. HASTINGS of Florida. Mr. legislation identical to what the House Mr. REYNOLDS. Mr. Speaker, I yield Speaker, I yield 2 minutes to the gen- passed by a one-vote margin. It actu- myself such time as I may consume. EVIN tleman from Michigan (Mr. L ). ally alters the substance of the Senate Mr. Speaker, I remind Members that (Mr. LEVIN asked and was given per- version and in some ways weakens our there is nothing in this rule that is mission to revise and extend his re- current trade laws. binding on the Senate or the con- marks.) With all due respect, I have all the ference committee. Mr. LEVIN. Mr. Speaker, let no one Mr. Speaker, I yield 3 minutes to the be fooled by what is going on here confidence in the world that the Mem- bers we send to conference will be tena- gentleman from Illinois (Mr. CRANE), a today. This is horrible process, but it is leading expert on trade in America. a smoke screen on substance. It is not cious, so what is the chairman afraid Mr. CRANE. Mr. Speaker, I rise in to level the playing field; it is to rig it. of? A real debate? That Members of the strong support of the rule which pro- Members who vote for this will be body actually reading this document vides a motion to go to conference on voting for provisions that never went might have some questions or objec- the omnibus trade package approved by through any committee: TAA, DeMint, tions? the Senate on May 23. Today’s vote is a $50 million dispute fine fund. Mr. Speaker, I know first hand about a procedural vote that puts the House Any Member who votes for this is the sometime high price of trade. In in the best position to negotiate the going to be voting against meaningful the Rochester, New York, area and most solid conference agreement. TAA and health care provisions. They throughout upstate New York, I hear I am gratified that the Senate has fi- are going to be voting for foreign inves- constantly from constituents who no nally acted on H.R. 3009, the Andean tors to have greater rights than U.S. longer, but used to have, well-paying, Trade Promotion and Drug Eradication investors. They are going to vote to re- stable jobs with well-established Amer- Act. I agree with the President that nege on our CBI commitments, and ican firms. this bill is central to U.S. national se- they are going to be voting to strip This rule places new hurdles in front curity and our efforts to combat drug Dayton-Craig. of unemployed families struggling to trafficking both here in the United Mr. Speaker, just a few days ago, 18 maintain health care coverage. It re- States and in the Andean region. We Republicans wrote a letter to the duces the health care tax credit to 60 need this critical legislation to expand Speaker saying we support Dayton- percent and means tested based on the U.S. trade and to help Andean entre- Craig. Members who vote today for this prior year’s income. It simply short- preneurs find practical and profitable bill are voting to take it out. changes American workers. alternatives to cultivating crops for Look, Members are voting with this Mr. Speaker, I also believe the omis- the production of illicit drugs. bill to destroy Senate provisions. This sion of the Dayton-Craig provision sig- Trade promotion authority is about House got off on the wrong foot 6 nals to our trading partners that the arming President Bush and his team months ago on a very partisan basis. U.S. is ready to cave on U.S. trade rem- with the authority to achieve trade This is a further misstep. We cannot edy laws, and that is absolutely the agreements written in the best interest build viable trade policy on a partisan wrong message. of U.S. farmers, companies and work- basis. We would be building it on sand. Moreover, the rule further under- ers. It assures that the President will Today, the other side is pouring more mines our trade laws by including new negotiate according to clearly defined sand under a viable trade policy. language that undermines our existing goals and objectives written by Con- For reasons of process and for sub- anti-dumping laws. The inclusion of gress. stance, I urge Members to vote against language subjecting ‘‘abusive’’ anti- The House TPA bill strikes a two- this rule. It is a bill with a rule dumping laws of our trading partners way partnership between the President wrapped around it. Members are voting to negotiations actually undermines and Congress on our common objective to undercut what was in the Senate our efforts to rigorously enforce our for international trade negotiations in provision and voting to say to House anti-dumping trade laws. which the U.S. participates. Its passage Members, go and fight sound, viable If we ask our trading partners to put will ensure that the world knows that trade policy. Vote no. their anti-dumping laws on the table, Americans speak with one voice on Mr. REYNOLDS. Mr. Speaker, I yield we open the door to doing the same. issues vital to our economic security. myself such time as I may consume. Mr. Speaker, I strongly urge my col- I am also supportive of conferencing Mr. Speaker, in the history of this leagues to defeat this rule. It denies with the Senate on the extension of the House, I do not believe there has ever Members from engaging in a real trade

VerDate 11-MAY-2000 01:44 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.068 pfrm12 PsN: H26PT1 H3956 CONGRESSIONAL RECORD — HOUSE June 26, 2002 debate on issues that affect real Ameri- out the Senate language. As a fellow vastly different than the compromise cans. member of the Committee on Rules, reached by the Senate and the Bush ad- Mr. REYNOLDS. Mr. Speaker, I re- the gentlewoman knows full well that ministration. I know the TAA provi- serve the balance of my time. the House cannot strip the Senate posi- sions very well, along with the gen- Mr. HASTINGS of Florida. Mr. tion. At the very least, we can try to tleman from Texas (Mr. BENTSEN), be- Speaker, I yield 11⁄2 minutes to the gen- make the House position equitable, as cause we wrote and carried the legisla- tleman from Maryland (Mr. HOYER). the chairman of the Committee on tion in the House of Representatives. Mr. HOYER. Mr. Speaker, I call upon Rules has just previously tried to out- The compromise that was reached was Members of the House to have self-re- line. That is why we are here today historic in that it recognizes the dual- spect for this institution and for our doing what we are today, to give the ity to trade and the need to deal with rules and for our process. This is called House an equitable position at the bar- the downsides of it in a very real 21st- a self-executing rule. It is an unfair gaining table of the conference. century way. rule. Mr. Speaker, I reserve the balance of The Senate-White House compromise Let me read from the chairman of my time. provides health care for all displaced the Committee on Rules, the prede- Mr. HASTINGS of Florida. Mr. workers at 70 percent while the Thom- cessor to the gentleman from Cali- Speaker, once again I ask that the as bill legislates on this rule a means- fornia (Mr. DREIER). He said, ‘‘The Speaker advise the respective parties tested situation based on income and guiding principles will be openness and how much time remains. the largest benefit would be 60 percent fairness. The Rules Committee will no The SPEAKER pro tempore. The gen- if an individual makes less than $20,000. longer rig the procedure to contrive a tleman from Florida has 161⁄2 minutes The Senate-White House compromise predetermined outcome. From now on, and the gentleman from New York has provides an additional $150 million for the Committee on Rules will clear the 191⁄2 minutes. worker training. This GOP provision stage for debate, and let the House Mr. HASTINGS of Florida. Mr. only provides for an additional $30 mil- work its will.’’ Speaker, I am pleased to yield 1 minute lion. This is a self-executing rule. It exe- to the gentleman from Ohio (Mr. When I was growing up, the nuns cutes fairness. It executes good proc- BROWN), my colleague that I came here used to mark the report card in a very ess. It executes bipartisanship. It exe- with and we hope to stay here. important way. That was for conduct. I cutes comity. It executes trust. It exe- Mr. BROWN of Ohio. Mr. Speaker, let give my colleagues on the other side of cutes opportunity for partnership on us call this vote what it is. This is a the aisle an F for conduct on how you this critical issue. brand-new fast track bill. Rules do not have conducted yourself on this rule. Mr. DREIER. Mr. Speaker, will the include 191 pages of never-before-con- You are squandering a political oppor- gentleman yield? sidered legislative changes to a bill tunity for the people of this country. I Mr. HOYER. I yield to the gentleman that passed the House by a single, urge my colleagues to vote against it. from California. weeping, arm-twisted vote. Mr. REYNOLDS. Mr. Speaker, it is important to remind the gentlewoman b 1515 No one here can remember any rule that has ever employed the procedural that the structures referred to on TAA Mr. DREIER. I thank my friend for deceptiveness of this rule. No hearings passed this House twice. Mr. Speaker, I reserve the balance of yielding. There is absolutely nothing on these provisions. No opportunity to my time. whatsoever in this that is self-enact- offer amendments. No opportunity for ing. All we are trying to do is strength- Mr. HASTINGS of Florida. Mr. substantive debate. Speaker, I yield 15 seconds to the gen- en the hand of those negotiators. My Members are being asked to accept friend does understand the procedures tleman from Michigan (Mr. LEVIN). that the chairman of the Committee on Mr. LEVIN. Mr. Speaker, all that of this House and the rules of this Ways and Means is the best judge of House. Nothing is self-enacting in this passed here was an extension of TAA, the needs and concerns of House Mem- and for the gentleman to get up here rule at all. bers and their constituents. Right. Mr. HOYER. Reclaiming my time, and say otherwise is simply wrong. We This rule would only complicate ef- did not consider anything but the very, what the gentleman seeks to do is cre- forts to convene a cooperative, bipar- very continuation of the present struc- ate an unfair advantage for the Repub- tisan conference on fast track. Defeat ture for a short period of time. lican negotiators in the conference. the rule. Mr. HASTINGS of Florida. Mr. That is what he seeks to do. He exe- Mr. REYNOLDS. Mr. Speaker, I yield Speaker, I yield 1 minute to the gen- cutes fairness, bipartisanship, good myself such time as I may consume. tleman from New Jersey (Mr. process, and an opportunity to provide I just want to remind my colleagues PASCRELL). for the bipartisan consideration of this that while we do have a 190-page (Mr. PASCRELL asked and was given issue. The gentleman and I have been amendment before us, the Senate and permission to revise and extend his re- together oftentimes on these kinds of what some of the Members of this body marks.) issues. He makes a mistake. The Com- would like to have happen is that we Mr. PASCRELL. Mr. Speaker, article mittee on Rules makes a mistake. just address 374 pages that the Senate 1, section 8 of the United States Con- My colleagues, do not compound that did while they stripped out the House stitution states very clearly that the mistake. Reject this rule. language. I also want to remind my Congress shall have power to lay and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE colleagues both here and throughout collect taxes, duties, imposts and ex- The SPEAKER pro tempore (Mr. the offices that the majority of this cises. If we vote ‘‘yes’’ on this rule LAHOOD). The Chair would appreciate legislation has passed the House, some today, the House will be on record ab- it if Members would abide by the as long as 6 months ago. Members cer- dicating yet another constitutionally Chair’s announcement of time having tainly would have read it thoroughly granted right. This undermines the expired. before voting on it when it came to the Congress; this undermines this institu- Mr. REYNOLDS. Mr. Speaker, I yield floor. tion as a separate and coequal branch myself such time as I may consume. Mr. Speaker, I reserve the balance of of government. In fact, one could ques- I just told the chairman of the Com- my time. tion whether we have the right to do it. mittee on Rules, I think we have put Mr. HASTINGS of Florida. Mr. In 1980, a President of the United the previous speaker down as ‘‘unde- Speaker, I am pleased to yield 11⁄4 min- States taxed oil and the courts over- cided.’’ utes to the distinguished gentlewoman ruled him. We do not have the power to I want to point out as we listened a from California (Ms. ESHOO). surrender this right now. Edmund Ran- little earlier from my colleague on the Ms. ESHOO. Mr. Speaker, I thank my dolph put it all very nicely. He worried Committee on Rules, it becomes very colleague for yielding me this time. about the executive power, calling it important as we look at why we are I rise today in opposition to this self- ‘‘the fetus of monarchy.’’ here today, why this debate will go on. executing rule and specifically because What you are doing is running down My colleague from New York asked of the trade adjustment provisions in this institution, not only by the proc- why this rule could not simply strip it. The TAA provisions in this bill are ess but what you want the end product

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.071 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3957 to be. We are a people’s house and Mr. RANGEL. Could I get an answer will gut health care benefits for steel- should represent the people of the from the Parliamentarian? workers. You go out there in that 95- United States in every one of our dis- The SPEAKER pro tempore. If the degree temperature like we have got tricts. gentleman from New York would like today and you work, you pour your Mr. REYNOLDS. Mr. Speaker, I yield to ask the Parliamentarian to check heart and soul into every paycheck, 1 minute to the gentleman from Cali- the precedents of the House previously, you punch a clock and pack a lunch, fornia (Mr. THOMAS), the chairman of he is more than welcome to do that. come home and then have them tell the Committee on Ways and Means, the The Chair recognizes the gentleman you that you cannot have your health committee that has jurisdiction on from Florida. care benefits. They are going to get trade matters. Mr. RANGEL. If the Speaker would caught. That is what is wrong with Mr. THOMAS. I thank the gentleman yield just for a moment, I have checked trade readjustment under their pro- for yielding time. with the Parliamentarian to ask what posal, and that is what is wrong with Mr. Speaker, some of us over here are the history was, and I would like it re- fast track. somewhat baffled because, as we had affirmed by the Speaker that this has Vote ‘‘no’’ on this proposal. stated earlier, more than 160 pages that never been done before. Mr. REYNOLDS. Mr. Speaker, I yield are contained here are bills that have The SPEAKER pro tempore. The myself such time as I may consume. previously passed the House. But the Chair recognizes the gentleman from It is an honor and privilege for me to way in which the Senate called us to go Florida. serve on the Committee on Rules, as I to conference, those bills would not Mr. HASTINGS of Florida. Mr. think it is on both sides of the aisle. have been within the scope of con- Speaker, how much time does each side Just because the House has not done ference. All we are doing is taking pre- have? something exactly like this before does The SPEAKER pro tempore. The gen- viously passed work product of the not mean it should never be done. The tleman from Florida has 13 minutes. House and placing it before the con- rules of this House are deliberately The gentleman from New York has 18. ference. crafted to permit flexibility for unique As far as health credits are con- Mr. HASTINGS of Florida. Mr. instances such as this. cerned, the 60 percent structure was Speaker, I would respectfully reserve Mr. Speaker, as I stated earlier, but contained in the stimulus bill. As you the balance of my time and ask my col- its importance bears repeating, so I am will recall, this House passed it four league if he would use some of the time going to say it again: the House would times until the Senate finally passed because of the imbalance of time as it not be in this position had the Senate it. Two of those times it had health is considered. credits in there. I do not understand Mr. REYNOLDS. Mr. Speaker, I re- not taken up the Andean trade bill, why my colleagues do not want to take serve the balance of my time. stripped out all of the House-passed previously passed House work product Mr. HASTINGS of Florida. Is the provisions and added countless other and make it in order in front of the gentleman prepared to yield back the trade items, leaving the House with no Senate so we have a chance that the balance of his time? position in the conference on all these House-passed work product could be in Mr. REYNOLDS. If you are intending measures. competition with the Senate-passed to yield back the balance of your time, Mr. Speaker, I reserve the balance of product. I will follow you with that, and we will my time. That is all this does is take passed, move ahead to a vote. Mr. HASTINGS of Florida. Mr. previously-agreed-to measures like the Mr. HASTINGS of Florida. Mr. Speaker, I am pleased to yield 1 minute Andean bill, like the trade promotion Speaker, I yield myself such time as I to the distinguished gentleman from bill, and put it in front of the Senate. may consume. Texas (Mr. BENTSEN). Why are you so afraid of using a House- First let me become the Parliamen- (Mr. BENTSEN asked and was given passed product as the House’s position? tarian of the House. It was Chairman permission to revise and extend his re- PARLIAMENTARY INQUIRY THOMAS who agreed that there was ab- marks.) Mr. RANGEL. Mr. Speaker, I have a solutely no precedent for this and Mr. BENTSEN. I thank the gen- parliamentary inquiry. Chairman DREIER said the same thing tleman for yielding time. The SPEAKER pro tempore. The gen- last week. Either it is something dif- Mr. Speaker, I was one of 21 Demo- tleman will state it. ferent today, or last week up in the crats who voted for the TPA bill. I Mr. RANGEL. Mr. Speaker, I make a Rules Committee it was something think it is a good bill. parliamentary inquiry as to whether in else. b 1530 the history of this august body has For Chairman THOMAS’ benefit, you I want to see the President get Trade ever before a self-executing rule such are attempting to add in that 31 pages Promotion Authority; I voted for it for as this in wrapping a 191-page bill ever that you are not talking about the lan- President Clinton and I will vote for it been given to the Committee on Rules guage of H.R. 3010, the general system for President Bush, if it is done the to be enacted into law with the excep- of preferences, to this rule and it has right way. I did that last fall, but what tion of the time that the Republicans never passed this House. we are doing today is not the way to closed down the House of Representa- Mr. Speaker, I yield 1 minute to the get there. tives? gentleman from Michigan (Mr. Mr. THOMAS. Will the gentleman BONIOR). The Senate has passed a substantial yield? Mr. BONIOR. I thank my good friend trade adjustment assistance package Mr. RANGEL. I made a parliamen- from Florida for yielding me this time. that is good public policy, that helps tary inquiry. Unless the gentleman is Mr. Speaker, today’s headlines: workers who do lose their jobs to trade. the Parliamentarian. ‘‘WorldCom Says Its Books Are Off By What the House is being asked to do The SPEAKER pro tempore. The $3.8 billion.’’ What do WorldCom, Ar- today is to state a new position on the Chair would like to respond to the gen- thur Andersen, Global Crossing, Enron, part of the House to strengthen the tleman from New York. The Chair is K-Mart, DCT, CMS Energy, and Merrill hand of the Republicans in the con- not the historian of the House and Lynch have in common? They support ference. There is nothing that pre- therefore cannot make any kind of a the idea of a fast track, all these trade cludes the conferees on the part of the ruling. laws, even though they themselves House to put forth a position or to The Chair recognizes the gentleman have been ethically challenged compa- hammer out a conference agreement from Florida. nies that have fleeced their workers, with the other body, including provi- Mr. RANGEL. Could I get a par- their retirees, have caused the market sions which were not addressed in this liamentary answer to my question, Mr. to take a terrible toll on retirees and body. This is all designed to provide po- Speaker? those who invest in it. They are the litical leverage. It is not a practical The SPEAKER pro tempore. The par- people behind this kind of trade nego- rules effect. In fact, the Committee on liamentary answer is that the Chair is tiation and deal. Rules can waive on the issue of scope. not the historian. The Chair is not able And in this very bill that we are ar- The bill before us today is a dramatic to put the issue in historical context. guing about today are provisions that rewrite of the Bush-backed, bipartisan

VerDate 11-MAY-2000 02:48 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.074 pfrm12 PsN: H26PT1 H3958 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Senate trade adjustment assistance What the Democrats are asking us to need a robust trade adjustment assist- package. We should reject this. If we do is to go to conference with one bill, ance package to help American work- want to get real TPA, let us take the the Andean bill, which is what the Sen- ers displaced by expanding trade. This Bush and the Senate bipartisan pack- ate requested that we go to conference rule effectively guts TAA by reducing age and put it together. over. health care assistance and only helps Mr. REYNOLDS. Mr. Speaker, I yield What we want to do is take the bills workers whose jobs have gone to Mex- 1 minute to the gentleman from Cali- that have been passed, put them into ico or Canada. fornia (Mr. THOMAS), the chairman of this motion, go to conference with the In today’s global economy, America the Committee on Ways and Means. scope of the conference being fair and needs free trade. We must free our Mr. THOMAS. Mr. Speaker, for those equal on both sides, and that is the President to negotiate trade deals of us who really want to know, the sum and substance of the response of while assisting American workers who Senate passed an Andean trade act bill the Speaker to the parliamentary in- are affected by changing markets. I this month. Into that bill, because they quiry of the gentleman from Texas. look forward to voting for a trade bill could not pass them separately, they Mr. BENTSEN. Mr. Speaker, I have a out of the conference, but I cannot sup- amended the trade promotion act bill further parliamentary inquiry. port a rule that plays games with such that this House passed back in Decem- The SPEAKER pro tempore. The gen- an important bill. ber. They amended into it the trade ad- tleman from Texas will state it. Mr. REYNOLDS. Mr. Speaker, I yield justment assistance that this House Mr. BENTSEN. Mr. Speaker, two in- myself such time as I may consume. passed back in November. They amend- quiries. One, may the Committee on I just think it is important to point ed into it a Customs border security Rules suspend rule XXII for purposes of out to the previous speaker and to the bill that we passed back in May. They House conferees? gentlewoman from California, at first could not pass bills the way we usually Question number two is, again, does he addressed the thing on the Senate do. that preclude in a conference with the and it is clear that the Senate can do We should have gone to the Trade other body the House conferees from whatever they may wish to do relative Promotion Authority conference 5 discussing or bringing up any provi- to the conference, and our action today months ago. We should have gone to sions related to those other items, would not impede that from doing that. the TAA conference 4 months ago. The other than the bill that passed the Then I watch him turn on the dime Senate could not pass individual bills, House? when he wants us to totally reverse a so in an unprecedented way, they took The SPEAKER pro tempore. The rule. all of those bills, rolled them into one, Committee on Rules does have the au- I think it is important for Members and then said, let us go to conference. thority to waive certain rules of the to know that clause 9 of House rule All we are doing are taking the bills House. XXII provides the definition of scope we have passed in the past, put them Mr. BENTSEN. Mr. Speaker, with re- for House conferees. The House rules together now, and going to conference spect to the other inquiry? on the scope of a conference committee in the way the Senate is going to con- The SPEAKER pro tempore. The are very precise and well defined. The ference, with all of the bills together. Chair cannot judge what will be dis- CRS report 98–696 CV on resolving leg- I guess it is our fault that we did our cussed in the conference or give antici- islative differences between the two work earlier this year. patory rulings thereon. bodies of Congress is available to any PARLIAMENTARY INQUIRIES Mr. BENTSEN. Mr. Speaker, I have a Member who would like to review the Mr. BENTSEN. Mr. Speaker, I have a further parliamentary inquiry, and I process of going to conference with the parliamentary inquiry. am trying to get to the point of what other Chamber. The SPEAKER pro tempore (Mr. the chairman is discussing. The report states that there are sig- LAHOOD). The gentleman will state it. The SPEAKER pro tempore. Briefly. nificant restrictions on the authority Mr. BENTSEN. Mr. Speaker, with all Mr. BENTSEN. Very briefly. Do the of House conferees. Their authority is due respect to the chairman, do the rules preclude House conferees from restricted by the scope of the dif- rules of the House preclude conferees discussing or bringing up any portion ferences between the House and Senate on the part of the House, when going of a conference, other than the portion over the matters in disagreement be- into conference on this particular bill of the conference related to the Andean tween them. It goes on to explain how that is being discussed as part of this trade bill? Are they allowed to vote difficult it is to define the scope of the rule, do the rules of the House preclude and make suggestions, make rec- differences, and it also depends on how the House conferees from negotiating ommendations, make legislative rec- the second Chamber to act on the other parts of the bill, even though it ommendations on the other portions of measure has cast the matters in dis- is being considered under the Senate, the conference? agreement. And the second Chamber the other body’s Andean trade bill, or The SPEAKER pro tempore. The that acts on the measure typically are the House conferees limited only to Chair can only judge that when the casts its version in the form of an that portion? Because the argument Chair sees the work of the conferees in amendment in the nature of a sub- that is being put forth is, in some re- the conference report. stitute. This is exactly what the Sen- spects, that our conferees on the part Mr. HASTINGS of Florida. Mr. ate did. That comes from the CRS re- of the House may only discuss certain Speaker, I am pleased to yield 1 minute port 98–696. portions and not the entire scope of the to the gentlewoman from California The report goes on to explain that bill, or bills, as they are packaged to- (Mrs. TAUSCHER), my good friend. the second House substitutes make it gether. Mrs. TAUSCHER. Mr. Speaker, I rise much harder, if not impractical, to spe- Mr. THOMAS. Mr. Speaker, I have a to oppose this rule. I voted for TPA cifically identify each matter in dis- parliamentary inquiry. when it was called Fast Track at least agreement and the scope of the dif- The SPEAKER pro tempore. The gen- twice before, and I am for open and free ferences over the matter. This matter tleman from California will state it. trade. But I am not for ramming it could have been easily avoided if the Mr. THOMAS. The Speaker just said through the House with this closed, Senate had simply taken up H.R. 3005, that the rules of both the House and surgically enhanced rule. the House-passed TPA legislation, and the Senate require those bodies in the This resolution would send to con- acted on it. Then a conference com- unique situation under the Constitu- ference some legislation we have not mittee could have been convened and tion, when bills have passed both even voted on and sneaks in Member- the final bill sent to both bodies. Houses in different forms, to come to- to-Member favors. Simply put, this Instead, the Senate took up the An- gether to reconcile the differences. self-executing rule is unnecessary and dean trade bill, stripped it out of the That is a conference. amounts to parliamentary maneu- language, and inserted its own trade The scope of the conference is defined vering and election year politics at its agenda. We are left with no alternative by the bills that are brought to the worse. but to protect the interests of this conference. The Senate brings 374 pages Mr. Speaker, I want the President to House and to assure that our conferees of 15 different bills. have fast track authority, but we also are able to go into conference with a

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.077 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3959 House position on all of these extra vote. Because it is going to be meas- Mr. Speaker, I guess what my col- trade measures that the Senate in- ured. It is going to be measured not leagues are saying is trade, yes; House cluded. Why should we allow the House only in D.C., but throughout the land. precedents, no. to be put in a weakened position with You are either voting for free trade or Mr. Speaker, I yield 1 minute to my this important legislation? you are rejecting it. good friend, the gentlewoman from That is what this debate is about and Mr. Speaker, I reserve the balance of Ohio (Ms. KAPTUR). shortly, when we have a vote, it will my time. Ms. KAPTUR. Mr. Speaker, I thank reflect the vote of this House. Mr. HASTINGS of Florida. Mr. the gentleman for yielding time to me. Mr. Speaker, I reserve the balance of Speaker, I yield 1 minute to the gen- I wish to say that this Republican-led my time. tleman from Indiana (Mr. VISCLOSKY), Congress is trying to enlarge NAFTA Mr. HASTINGS of Florida. Mr. my good friend. to all the countries of Latin America Speaker, after that procedural gobble- Mr. VISCLOSKY. Mr. Speaker, I ap- and to do so not by regular order but dygook, it still does not make what preciate the gentleman yielding me by this outrageous tourniquet rule, be- they are doing correct and preceden- this time. cause the rule basically locks in the In response to the previous gentle- tial. There is no precedent for what we deals of the powerful few against the man’s remark, I would suggest that the are doing. workers of this country and, indeed, bottom line is jobs. This rule is about Mr. Speaker, I yield 1 minute to the our hemisphere. We have seen it before. jobs; and as far as I am concerned, it distinguished gentleman from Texas The leadership knows it cannot win represents bad policy for America, it (Mr. DOGGETT), my good friend. it on the merits, on the up and up, so represents bad policy for people in this Mr. DOGGETT. Mr. Speaker, a vote they intimidate Members, or they country who still make a living wage, for this rule damages our environment. produce a rule like this that even the and it is very bad and horrific policy I am all for trade, but trading clean authors cannot fully understand. But for all of the people who are going to we know what it does is it will tie the water for sour, pure air for fouled, open lose their jobs because of the attempt justice for star chamber proceedings, hands of our conferees so they cannot to give any administration this type of deal with the needs of displaced work- that is not a good trade. Free trade is trade authority. not ‘‘free’’ when it comes at the ex- ers, and they cannot extend health ben- One of the fatal flaws is not allowing efits to them. pense of such imperatives. us consideration of provisions that My concern about the failed Chapter It reminds me of how the GATT vote might undermine and weaken our trade was passed. When they could not pass 11 NAFTA model that this proposal en- remedy laws that are on the books dorses is similar to my concern about it, they figured out, let us do it in a today. That includes industries in the lame duck session after 2 a.m. in the the mismanaging of this fast track United States that used to make and trade debate. Both result from a secret, morning when nobody will know what may still make some pencils, may grow happens anyway. The American people closed-door process, both ignore the Si- garlic, may make cement clinkers, erra Club, Consumers Union and others will not pay attention. may produce petroleum wax candles. Mr. Speaker, the American people concerned with our sovereignty, our There are 265 industries and growers are paying attention. When they can- environment, and our health and safe- who have sought relief for these impor- not win on the merits, they rig the ty; and both relegate important deci- tant protections. rules. sions to a self-selected few, although This is about jobs. It is about the 210 I say to my colleagues, vote no on people who have no work at Calumet the burden will be borne by many. this rule. Do not vote for any more They violate the whole spirit of our Steel in Chicago Heights, Illinois, be- NAFTAs. Texas open-government laws. We could cause of illegal trade that takes place. Mr. REYNOLDS. Mr. Speaker, I re- Mr. REYNOLDS. Mr. Speaker, I yield use a little Texas sunshine in on our serve the balance of my time. trade policy. 1 minute to the gentleman from Cali- Mr. HASTINGS of Florida. Mr. The only thing transparent about fornia (Mr. ISSA). Speaker, I yield 1 minute to my good Mr. ISSA. Mr. Speaker, my colleague this fast track process is the heavy- friend, the distinguished gentleman on the other side of the aisle is abso- handed, insular way that it has been from Massachusetts (Mr. LYNCH). handled by the Chairman since day lutely right, this is about jobs. I have Mr. LYNCH. Mr. Speaker, I rise one. A ‘‘no’’ vote is a vote for openness, listened for almost an hour to people today in opposition to this rule, which talk about the rule and about what a vote for the democratic process, and would try to silence the voices on both kind of rule this is and whether it is for our environment. sides of the aisle who oppose this fast Mr. REYNOLDS. Mr. Speaker, I yield fair. I would like to speak about jobs. Before I came to this body, I spent track legislation. myself such time as I may consume. Mr. Speaker, this rule, as well as the over 20 years in the American elec- I knew it would take just a little whole fast track procedure, takes Con- tronics business, and I sold freely in time of this debate to kind of pick gress out of the equation, takes Con- those countries that had free trade; apart whether one is a free trader and gress out of the debate and, by doing and I was either locked out or severely what the perfect debate is and how it so, also takes the American people out limited in the countries that we had happens; and whether you are really a of the debate. Fast track is nothing not opened trade with. trader or whether you are not; whether more than a silent auction, a silent you are a protectionist; or, I wanted to b 1545 auction of American jobs, so I am not support it, but it did not have all of the I would like to remind my friends on surprised that the Republican leader- things I needed in it. both sides of the aisle that we cannot ship wants this rule. This is not some- Well, today as we have a vote on this, pick our friends and enemies on free thing that they would do in the light of the determination in a bipartisan solu- trade. Some of the most protectionist day and with open and honest debate. tion, as trade has always been in this countries are our close allies. In fact, There was an interesting story in the House, we are either going to support we need this kind of trade promotion Washington Post last week where the free trade and we are going to move the authority if we are going to open those companies that actually went down to agenda forward, or we are going to re- markets, many of them with European Mexico and ran out on the United ject it. But for those 21 Democratic countries that today freely trade be- States are now leaving Mexico and the votes or for others who may consider tween each other and, in fact, are lim- maquilladoras for Asian countries be- future votes on trade, this is going to iting our products. cause the Mexican workers have had end up with a bottom-line deal here. So, Mr. Speaker, I strongly rise in the audacity to ask for $5 an hour in The bottom line is you either support support of this rule and of the under- wages. free trade and give the House the abil- lying language. I ask for my Democrat This is a race to the bottom. This ity to go as a conference and continue colleagues to please go beyond the 22 should not happen. We should be pro- to move on trade, or you are not. But and vote this up. tecting American jobs. you cannot go home and tell every- Mr. HASTINGS of Florida. Mr. Mr. HASTINGS of Florida. Mr. body, I am a free trader, but it just was Speaker, I yield myself such time as I Speaker, I yield 1 minute to the gen- not a perfect way for me to cast my may consume. tleman from Michigan (Mr. LEVIN).

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.080 pfrm12 PsN: H26PT1 H3960 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Mr. LEVIN. Mr. Speaker, first of all, The SPEAKER pro tempore (Mr. Isakson Miller, George Serrano Israel Miller, Jeff Sessions I would say to the gentleman from New LAHOOD). The question is on the mo- Issa Mollohan Shadegg York (Mr. REYNOLDS), 161 Democrats tion to adjourn offered by the gen- Istook Moore Shaw voted for the fast track bill. Do not tleman from Florida (Mr. HASTINGS). Jackson (IL) Moran (KS) Shays stand up here and say the issue is The question was taken; and the Jenkins Moran (VA) Sherman whether one is for or against free John Morella Sherwood Speaker pro tempore announced that Johnson (CT) Murtha Shimkus trade. That is nonsense. the noes appeared to have it. Johnson (IL) Myrick Shows Mr. Speaker, also nonsense is this ar- Mr. HASTINGS of Florida. Mr. Johnson, Sam Nadler Shuster Simmons gument about the Senate stripping Speaker, I object to the vote on the Jones (NC) Napolitano House language using an Andean bill. Kanjorski Neal Simpson ground that a quorum is not present Skeen That is pure hokum. What the Senate Keller Nethercutt and make the point of order that a Kelly Ney Skelton did was to take the Andean bill that Kennedy (MN) Northup Slaughter quorum is not present. Smith (NJ) passed here and put other trade bills in Kennedy (RI) Norwood Smith (TX) The SPEAKER pro tempore. Evi- Kerns Oberstar it, including their Andean bill. Smith (WA) dently, a quorum is not present. Kildee Ortiz So Members do not need this bill. Snyder Kilpatrick Osborne The subjects are on the table for the The Sergeant at Arms will notify ab- Solis Kind (WI) Ose sent Members. Souder conference. They are trying to load the King (NY) Otter deck. That is what they are trying to The vote was taken by electronic de- Spratt Kingston Oxley Stearns do. They are trying to do it by a rule vice, and there were—yeas 40, nays 384, Kirk Pallone Stenholm that has 191 pages and adding DeMint, not voting 10, as follows: Kleczka Pascrell Strickland which might be the only subject that Knollenberg Paul Stump [Roll No. 263] Kolbe Payne could not be brought in the conference. Sullivan YEAS—40 Kucinich Pence Sununu That is what they are doing here. Be LaHood Peterson (MN) Sweeney Berry Gonzalez Mink Lampson Peterson (PA) Tancredo honest, they are trying to load the Bishop Hastings (FL) Obey Langevin Petri Tanner deck as they enter conference, and Boucher Hoekstra Olver Lantos Phelps Tauscher Brown (FL) Honda Pelosi they should not be handling serious Larsen (WA) Pickering Tauzin Capuano Hoyer Sanders trade matters in this way. Larson (CT) Pitts Taylor (NC) Carson (IN) Jackson-Lee Sandlin For that reason, because we see Latham Platts Terry Clay (TX) Stupak LaTourette Pombo Thomas through the smoke screen, Members Conyers Johnson, E. B. Taylor (MS) Leach Pomeroy Thompson (CA) should vote no on this bill. DeFazio Jones (OH) Thompson (MS) Portman Thornberry Dingell Kaptur Towns Lee Mr. REYNOLDS. Mr. Speaker, I yield Thune Doggett Lynch Velazquez Levin Price (NC) myself such time as I may consume. Thurman Evans McDermott Waters Lewis (CA) Pryce (OH) Tiahrt Mr. Speaker, I have great respect and Farr McGovern Wynn Lewis (GA) Putnam Tiberi admiration for the gentleman from Filner Meek (FL) Lewis (KY) Quinn Michigan, but, for the life of me, I can- Linder Radanovich Tierney NAYS—384 Lipinski Rahall Toomey not understand why the minority must LoBiondo Ramstad Turner Abercrombie Carson (OK) Foley not have the confidence in the Senate Rangel Udall (CO) Ackerman Castle Forbes Lofgren conferees. They must not trust their Lowey Regula Udall (NM) Aderholt Chabot Ford Upton ability to negotiate, the integrity of Akin Chambliss Fossella Lucas (KY) Rehberg Lucas (OK) Reyes Visclosky the Senate language. Allen Clayton Frank Vitter Andrews Clement Frelinghuysen Luther Reynolds But what I find most perplexing is Maloney (CT) Riley Walden Armey Clyburn Frost Walsh how the minority, with a clear con- Maloney (NY) Rivers Baca Coble Gallegly Wamp Manzullo Rodriguez science, would want to send our own Bachus Collins Ganske Watkins (OK) Markey Roemer conferees into conference with no posi- Baird Combest Gekas Watson (CA) Mascara Rogers (KY) tion, because what is there are the Sen- Baker Condit Gephardt Watt (NC) Matheson Rogers (MI) Baldacci Cooksey Gibbons Watts (OK) ate provisions in the conference. I have Rohrabacher Baldwin Costello Gilchrest Matsui Waxman read the report under our rule that was Ballenger Cox Gillmor McCarthy (MO) Ros-Lehtinen Weiner the opinion of CRS that clearly talks Barcia Coyne Gilman McCarthy (NY) Ross Weldon (FL) about definitions of that position. Barr Cramer Goode McCollum Rothman Weldon (PA) It is important for us to reflect on Barrett Crane Goodlatte McCrery Roybal-Allard Weller Bartlett Crenshaw Gordon McHugh Royce Wexler the fact that the chairman of the Com- Barton Crowley Goss McInnis Rush Whitfield mittee on Ways and Means, in seeing Bass Cubin Graham McIntyre Ryan (WI) Wicker that, clearly brought to this House, Becerra Culberson Granger McKeon Ryun (KS) Wilson (NM) which we will have a vote on in a mo- Bentsen Cummings Graves McKinney Sabo Wilson (SC) Bereuter Cunningham Green (TX) McNulty Sanchez Wolf ment, but to the Committee on Rules Berkley Davis (CA) Green (WI) Meehan Sawyer Woolsey the fact that we were not on a level Berman Davis (FL) Greenwood Meeks (NY) Saxton Wu playing field, and that was not right. It Biggert Davis (IL) Grucci Menendez Schaffer Young (AK) was not right for this House, and it is Bilirakis Davis, Jo Ann Gutierrez Mica Schakowsky Young (FL) Blagojevich Davis, Tom Gutknecht Millender- Schiff not right for the debate that needs to Blumenauer Deal Hall (OH) McDonald Schrock happen in that conference report. Blunt DeGette Hall (TX) Miller, Dan Scott Mr. Speaker, I reserve the balance of Boehlert DeLauro Hansen Miller, Gary Sensenbrenner my time. Boehner DeLay Harman Bonilla DeMint Hart NOT VOTING—10 Mr. HASTINGS of Florida. Mr. Bonior Deutsch Hastings (WA) Speaker, I yield myself such time as I Bono Diaz-Balart Hayes Delahunt Owens Stark may consume. Boozman Dicks Hayworth Jefferson Pastor Traficant Mr. Speaker, I ask the gentleman Borski Dooley Hefley LaFalce Roukema Boswell Doolittle Herger Nussle Smith (MI) from New York to look at me: this side Boyd Doyle Hill of my mouth, that side of my mouth. Brady (PA) Dreier Hilleary You are talking out of both sides of Brady (TX) Duncan Hilliard b 1613 your mouth. What you are saying is Brown (OH) Dunn Hinchey Brown (SC) Edwards Hinojosa Mrs. JO ANN DAVIS of Virginia, that, on the one hand, you have 160 Bryant Ehlers Hobson Mrs. JOHNSON of Connecticut, Ms. pages that you passed; and then you Burr Ehrlich Hoeffel say we have no position. You cannot Burton Emerson Holden RIVERS, Mr. HILLEARY and Mr. Buyer Engel Holt PICKERING changed their vote from have it both ways. Callahan English Hooley f Calvert Eshoo Horn ‘‘yea’’ to ‘‘nay.’’ Camp Etheridge Hostettler So the motion to adjourn was re- MOTION TO ADJOURN Cannon Everett Houghton jected. Mr. HASTINGS of Florida. Mr. Cantor Fattah Hulshof Capito Ferguson Hunter Speaker, I move that the House do now Capps Flake Hyde The result of the vote was announced adjourn. Cardin Fletcher Inslee as above recorded.

VerDate 11-MAY-2000 02:48 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.087 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3961 RELATING TO CONSIDERATION OF This is a very dark day for the House The problem that we have here is not SENATE AMENDMENT TO H.R. of Representatives. We had all hoped, one of substance. We have one that the 3009, ANDEAN TRADE PROMOTION many of us, that the bill would come integrity of the House of Representa- AND DRUG ERADICATION ACT back in the form we could have a great tives is on, and I am saying that his- The SPEAKER pro tempore (Mr. amount of support for, to give the tory will not treat us kindly if, for the LAHOOD). The gentleman from New President trade promotion authority. first time in over 200 years of the Instead of doing that, the chairman of York (Mr. REYNOLDS) has 101⁄2 minutes House of Representatives, we attempt remaining, and the gentleman from the Committee on Ways and Means has to take substantive legislation and made matters worse with this out- Florida (Mr. HASTINGS) has 4 minutes have the Committee on Rules roll it up remaining. rageous procedure and this outrageous into a rule and to have us vote on it. bill. True, the Chairman of the Com- b 1615 We are the model of democracy to mittee on Ways and Means will tell my Mr. REYNOLDS. Mr. Speaker, I re- the world, to the world. The world is colleagues that 80 percent of this has serve the balance of my time. watching what we do here. Young chil- already been passed one way or the Mr. HASTINGS of Florida. Mr. dren study what we do here; and in- other by the House, but what about the Speaker, I reserve the balance of my stead of being an example, we are a 20 percent? When does the 20 percent time and ask the gentleman, because of place where today freedom and demo- become 30 percent or 40 percent? This the imbalance of time, if he would pro- cratic debate are being greatly dimin- did happen once before, and that is ceed with some of his speakers. We ished. when the House was closed down. There have but two speakers remaining. It is no wonder the gentleman from was no way to communicate with the Mr. REYNOLDS. Mr. Speaker, I re- New York has no speakers on this rule. Senate, and we did use the Committee serve the balance of my time. It is no wonder that in the course of on Rules in order to legislate. Mr. HASTINGS of Florida. Mr. the debate many people spoke up to de- But I ask my colleagues to vote down Speaker, I reserve the balance of my fend the minority position and only the rule. Let us do it the right way. time. two people could speak in favor of this Mr. REYNOLDS. Mr. Speaker, I yield Mr. REYNOLDS. Mr. Speaker, for the rule. It is an embarrassment to this 1 minute to the gentleman from Mis- gentleman who is managing the minor- House, and it should be an embarrass- sissippi (Mr. PICKERING) for the pur- ity side of the rule, I intend to have ment to the Republican party. poses of entertaining a colloquy. him speak. I then intend to have the Why do we not want to have this de- Mr. PICKERING. Mr. Speaker, I Chairman of the Committee on Rules bate in the light of day instead of just would like to inquire about the impact close. There will be no further speakers by stealth into the Committee on of the hybrid cutting provision with re- other than I as the manager of the Rules and on to this floor? Because this spect to CBI that is contained in the rule. is a disgrace and a disservice, a dis- amendment. As my colleagues know, Mr. HASTINGS of Florida. Mr. service to American workers. It de- the amendment contains language re- Speaker, I am very pleased to yield 3 prives them of the debate on their quiring that apparel made of U.S. knit minutes to the distinguished gentle- health benefits, on workers’ rights. or woven fabric assembled in the CBI We can come together in a bipartisan woman from California (Ms. PELOSI), qualifies for benefits only if the U.S. way. I implore my colleagues to reject my good friend, the Democratic whip. knit or woven fabric is dyed and fin- Ms. PELOSI. Mr. Speaker, I thank this outrageous rule. Vote no. Mr. REYNOLDS. Mr. Speaker, I yield ished in the United States. The hybrid the gentleman for yielding me the time cutting provision allows benefits under and for his brilliant arguments against as much time as he may consume to the gentleman from California (Mr. CBI if apparel is made of components this outrageous rule, which I rise not cut in the United States and in the CBI only to oppose but to implore my col- THOMAS). Mr. THOMAS. Mr. Speaker, I ask of fabric wholly formed in the United leagues on both sides of the aisle to unanimous consent that a colloquy be- States from yarns wholly formed in the disassociate themselves from. tween the gentleman from Mississippi United States. This is not a rule proposed by the Is it my colleague’s understanding (Mr. PICKERING) and myself be made a Grand Old Party. This is not about Re- that the dyeing and finishing require- part of the RECORD. publicans in our country. This rule is Mr. HASTINGS of Florida. Mr. ments for U.S. fabric contained in the outrageous. It is a rule that limits free- Speaker, I reserve the right to object. amendment also apply to the hybrid dom in this, the people’s House. The SPEAKER pro tempore (Mr. cutting provision? Every child in school learns how laws LAHOOD). Under the rules, that cannot Mr. THOMAS. Mr. Speaker, will the are made. They visit here, this temple be done by unanimous consent. gentleman yield? of democracy, and yet what is hap- Mr. REYNOLDS. Mr. Speaker, how Mr. PICKERING. I yield to the gen- pening here today is to shred that much time remains? tleman from California. book. The SPEAKER pro tempore. The gen- Mr. THOMAS. Mr. Speaker, I tell the American people think of this as the tleman from New York (Mr. REYNOLDS) gentleman from Mississippi, the answer people’s House, where issues and poli- has 101⁄2 minutes remaining. The gen- is an unequivocal yes. cies are debated, a marketplace of tleman from Florida (Mr. HASTINGS) Mr. REYNOLDS. Mr. Speaker, I yield ideas. They do not think of it as a has 1 minute remaining. myself such time as I may consume. place of bait and switch. This House Mr. REYNOLDS. Mr. Speaker, I re- While the rest of the world speeds voted on a bill; I opposed it. It won by serve the balance of my time. ahead when it comes to free trade, the one vote, but it would be the House’s Mr. HASTINGS of Florida. Mr. United States desperately needs to get bill to go to conference. Speaker, I am very pleased to yield the back on track. Trade promotion au- Because the majority did not like remaining time of the minority to the thority is the most effective way to ac- how the other body treated this same distinguished gentleman from New complish that, and this rule simply al- legislation on trade promotion, they York (Mr. RANGEL), the ranking mem- lows the process to move forward so we decided that they would usurp the ber of the Committee on Ways and can get one step closer to retaining and power of this House and give that Means, my good friend. regaining America’s global trade pre- power to one person to go to the Com- Mr. RANGEL. Mr. Speaker, there is a eminence. mittee on Rules and have over 50 pages way to get out of this dilemma in an I ask my colleagues to join me in of changes on a 191-page rule, that by attempt to restore some degree of bi- freeing the hands of our conferees and passing the rule my colleagues are partisanship to a trade bill. This is not restrict our ability to negotiate be- deeming those provisions passed, provi- what we enjoyed when we were dealing fore they even get to the table. That is sions that have never been debated and with the Caribbean Basin Initiative, why I have urged a yes for this resolu- considered in this House. We might as with China, with the African Growth tion; and when the end of the day well tear up the book on how a bill is and Opportunity bill. We worked out comes for a vote in moments, it is passed in terms of process, in terms of our differences; and even though we going to come down to either my col- precedent, in terms of policy. disagreed, we were not disagreeable. leagues supported free trade and they

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.090 pfrm12 PsN: H26PT1 H3962 CONGRESSIONAL RECORD — HOUSE June 26, 2002 have sent that message back to their As I listened to my colleagues again I support free trade because it strengthens district and across America or they re- mischaracterize the North American the economy of my city and state and the jected it. That is what this comes down Free Trade Agreement, talking about country as a whole. I have been unable to to, an up or down, yes or no, free trade its failure, we have seen a doubling of support the Administration and House leader- or no. My colleagues are not going to trade between the United States and ship position because they have ignored continue it. Mexico since its passage. We have seen legimate environmental and labor concerns. Mr. Speaker, I yield such time as he the middle-class population in Mexico Now this rule would further damage the may consume to the gentleman from grow to be larger than the entire Cana- cause of trade by committing this House to re- California (Mr. DREIER), who is the dian population. ject improvements in Trade Adjustment Assist- Chairman of the Committee on Rules b 1630 ance that were made by the Senate. and an expert on trade. There are dislocations that occur as our Mr. DREIER. Mr. Speaker, I would It has been a win-win. economy changes in response to new markets like to begin by congratulating the And it is true, we want to expand the and new imports. Some workers are hurt in gentleman from New York (Mr. REY- North American Free Trade Agreement that process, and Trade Adjustment Assist- NOLDS) for his fine management of this to a free trade area, the Americas. A ance is critical to ensuring that we move as rule. I have had the honor of partici- lot of us here, Mr. Speaker, are inter- quickly and painlessly as possible to extend pating in and witnessing some of the ested in seeing the technology sector of the benefits of trade to all American families. greatest debates that have taken place our economy improve. We faced a real The provisions of this rule reject in advance in the greatest deliberative body downturn there, and it has hurt our important improvements in TAA that the Sen- known to man, the United States Con- overall economy because so much of ate made and that must be part our trade gress. the GDP growth in the past several agenda: The very best, the very best that I years has come from that sector of the Health Care for workers unemployed due to can say about this debate that we have economy. trade dislocations. This Substitute unilaterally gone through today is that it has been Let us look at what a free trade area, rolls back the health care benefits contained in interesting. It has not been a great de- the Americas, would bring us. There the Senate bill—and puts in their place a re- bate because my colleagues on the are about 12 million computers south duced level of support that is harder to obtain other side of the aisle who love to of the border, but 500 million people. because of a means-testing requirement. stand up and talk about their strong We need to do what we can to open up Job training and relocation assistance: The support of free trade and their desire to those markets. Senate bill doubles this funding (to $300 mil- open up new markets have said we are The Andean Trade Preference Act is lion), reflecting the fact that TAA chronically for giving the President this authority designed to help wean those in the An- runs out of money early in the year. So far this but not this measure. dean nations off of the crops of drugs, year, 12 states—including Oregon—have al- Now as we have listened to the de- and so what we need to do is realize ready ran out of TAA money. This proposed bate that has come from the other side that ATPA is very important in deal- rule would strip this money, forcing continued of the aisle, I have heard people say ing with that battle that we face funding shortfalls for TAA. this is a violation of article 1, section today. This is a critical issue for my State. Cur- 8 of the Constitution. I have heard this So while many people can make all rently, more than 600 Oregon workers have described as a self-executing rule. I of these arguments procedurally been certified by the Department of Labor as have heard all kinds of against this, which really do not stand being eligible for Trade Adjustment Assistance mischaracterization of what it is that the test of what we are doing here at (TAA) or NAFTA benefits but are not receiving we have done here. all, I believe that if my colleagues are I never said that it was unprece- those benefits due to a lack of resources. for increased economic growth here in dented. We went back and looked at Trade assistance petitions are pending for 35 the United States of America, if they the record. I said it was unusual. I companies, and additional layoffs are ex- are for realizing that this is a bi- think what was done in the United pected from several companies that have pre- cameral legislature and we have the States Senate was unprecedented, and viously been certified as eligible for assist- prerogatives of the House that need to that is why we have responded with an ance. However, the state of Oregon received be followed, and if they are committed unusual procedure here. only 25 percent of the amount it requested We are trying to strengthen the to doing everything that we possibly under the trade program. As a result, the state hands of our negotiators so that the can to make sure that the United exhausted its funds at the end of April, and prerogatives of this institution, the States of America, at this time of war, has been unable to grant any more requests people’s House, the body which my plays its proper role as the paramount for assistance. Already 200 laid-off Orego- friend the gentleman from Illinois (Mr. global leader, they will vote in support nians are on the waiting list for job training CRANE) referred to this morning in a of this rule, because it is the right and relocation assistance, with hundreds more meeting as the most important of our thing to do. expected to apply in the fall. Federal branches of government, the Mr. REYNOLDS. Mr. Speaker, is Were we to approve this motion we would people’s House, our prerogatives need there any further time on the minority send exactly the wrong message to the people to be recognized. side? of my state and the rest of America: that trade We are not passing laws here. This is The SPEAKER pro tempore (Mr. is about creating winners and losers, and the nothing more than a motion to go to LAHOOD). The time of the gentleman losers are on their own. conference, and in 1996 a similar proce- from Florida has expired. Mr. ACEVEDO-VILA. Mr. Speaker, As the dure was followed, and we regularly Mr. BLUMENAUER. Mr. Speaker, I urge my House moves toward conference on the trade followed the procedure of passing mo- colleagues to defeat this Self-Executing Rule package, I want to bring to the attention of my tions to go to conference. governing the house conferees on trade pro- colleagues a report from the International I will admit that there is quite a bit motion authority, because it sets a terrible Trade Commission (ITC) on the impacts of tar- attached to this, but when we saw the precedent. It could well be the worst abuse of iff modifications for tuna imported from do what it did, the legislative process since the Republican Andrean beneficiaries. we had little choice other than take party took control of the House in 1994. Newt The results of this analysis are quite clear, the action that we are taking today. Gingrich would have howled in outrage if the and they support what I and my good friend As we look at the challenges, as we previous Democratic majority has attempted from American Samoa have been saying all look at the challenges that we have be- such a maneuver; and it would have been ap- along—that the proposed duty free treatment fore us, we all know that this economy propriate outrage. of tuna contained in the House passed bill will is facing real difficulty. We know that It is shameful to treat this body in such a create only a limited amount of jobs in Ecua- 95 percent of the world’s consumers are fashion—tying the hands of House conferees, dor, but the effect on workers in the domestic outside of our border, and we know adding new provisions without any opportunity fishing and processing industry will be severe. that unless we do what we can to open of fairly debate their merits. This behavior Thousands of jobs in American Samoa, Cali- up those markets we are not going to abuses the American people as well as this fornia, and Puerto Rico are at stake. All for a have the opportunity to create jobs for House. It will come back to haunt the Repub- few hundred jobs in Ecuador at 77 cents an the American worker. lican majority. hour.

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JN7.093 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3963 While I support the intent of the Andean current duties on low-value rum. Economic Hunter Myrick Sherwood Hyde Nethercutt Shimkus Trade Preference Act (ATPA), exempting tuna analysis on the probable economic effects of Isakson Ney Shuster will not provide intended benefits to Ecua- eliminating rum tariffs reaches a stark conclu- Issa Northup Simpson dorian workers. Instead, it will help a multi- sion—that the grant of duty-free treatment for Istook Nussle Skeen national corporation increase its profit margin low-value rum would enable Brazil, Colombia Jenkins Osborne Smith (TX) John Ose Snyder at the cost of thousands of American jobs. and other regional producers to use their Johnson (CT) Otter Souder I ask the conferees to consider the limited many natural resource advantages and mas- Johnson (IL) Oxley Stearns benefits of the proposed tariff modifications on sive excess production capacity to displace Johnson, Sam Pence Stenholm the workers in Ecuador and compare them Jones (NC) Peterson (PA) Stump Caribbean producers of low-value rum and Keller Petri Sullivan with the harsh reality of significant job loss for thereby destroy this important Caribbean in- Kelly Pickering Sununu American workers. Consider the strong warn- dustry. This is precisely the same finding that Kennedy (MN) Pitts Sweeney ings of Senators against undermining our rela- Congress made in 1991 when it added the Kerns Platts Tancredo tionship with ASEAN countries such as the King (NY) Pombo Tanner current rum exclusion to the ATPA and argues Kingston Portman Tauzin Philippines, a close and important ally in our strongly for maintaining the current tariff struc- Kirk Pryce (OH) Taylor (NC) war against terror. ture for rum. Knollenberg Putnam Terry The current duty structure on tuna over the I respectfully ask that Conferees take these Kolbe Radanovich Thomas past decade has created tremendous growth LaHood Ramstad Thornberry concerns into account and support the House Latham Regula Thune in the Andean tuna industry. For example, position on the treatment of low-valued rum LaTourette Rehberg Tiahrt over the past ten years the number of tuna under ATPA. Congress must not allow these Leach Reynolds Tiberi Lewis (CA) Riley Toomey factories as increased 229%, production ca- trade initiatives to undermine carefully consid- pacity has increased 400% and exports to the Lewis (KY) Rogers (KY) Upton ered and longstanding U.S. policy in support Linder Rogers (MI) Vitter U.S. have increased 567%. Clearly the current of tariff protections for low-value rum produced Lucas (KY) Rohrabacher Walden tariff structure for tuna has been a huge suc- in Puerto Rico and elsewhere in the Carib- Lucas (OK) Ros-Lehtinen Walsh cess for the Andean region. Manzullo Royce Wamp bean. I have been working with Bumble Bee Sea- Matheson Ryan (WI) Watkins (OK) Mr. REYNOLDS. Mr. Speaker, I urge McCrery Ryun (KS) Watts (OK) foods to ensure continued operations in Maya- a ‘‘yes’’ vote on the resolution, I yield McInnis Saxton Weldon (FL) guez, Puerto Rico. Based on close coopera- McKeon Schaffer Weller back the balance of my time, and I tion between the Puerto Rican government Mica Schrock Whitfield move the previous question on the res- Miller, Dan Sensenbrenner Wicker and Bumble Bee Seafoods, Bumble Bee now Miller, Gary Sessions Wilson (NM) anticipates that it will be able to maintain a olution. The previous question was ordered. Miller, Jeff Shadegg Wolf workforce in excess of 500 people. This is Moran (KS) Shaw Young (AK) higher than the 300 originally anticipated and The SPEAKER pro tempore. The Morella Shays Young (FL) ensures that the tuna industry will continue to question is on the resolution. NAYS—215 be an important part of the Puerto Rican in- The question was taken; and the dustrial sector. The key risk to the continuation Speaker pro tempore announced that Abercrombie Engel Lofgren the ayes appeared to have it. Ackerman Eshoo Lowey and growth of the industry in Puerto Rico and Allen Etheridge Luther elsewhere in the United States is the tariff Mr. HASTINGS of Florida. Mr. Andrews Evans Lynch modifications being considered under APTA. Speaker, on that I demand the yeas Baca Farr Maloney (CT) Changes to the existing tariff structure, under and nays. Baird Fattah Maloney (NY) The yeas and nays were ordered. Baldacci Filner Markey which significant industry growth has been re- Baldwin Ford Mascara alized in Ecuador, will have an immediate and The SPEAKER pro tempore. Pursu- Ballenger Frank Matsui lasting impact on tuna industry employment ant to clause 8 of rule XX, this 15- Barcia Frost McCarthy (MO) minute vote on adopting House Resolu- Barrett Gephardt McCarthy (NY) not only in Puerto Rico but also in California Becerra Gonzalez McCollum and American Samoa. tion 450 will be followed by 5-minute Bentsen Goode McDermott The conferees on this important package votes on motions to suspend the rules Berkley Gordon McGovern should consider the impact tariff modifications on H.R. 3764 and on H.R. 3180; and per- Berman Graham McHugh Berry Green (TX) McIntyre will have on workers and fisherman in Puerto haps on H. Con. Res. 424 and H.R. 3034. Bishop Gutierrez McKinney Rico, California, and American Samoa. The The vote was taken by electronic de- Blagojevich Hall (OH) McNulty potential benefits for Ecuador simply do not vice, and there were—yeas 216, nays Blumenauer Harman Meehan justify the significant costs that will be brought 215, answered ‘‘present’’ 1, not voting 3, Bonior Hastings (FL) Meek (FL) Borski Hayes Meeks (NY) to bear on the domestic processing and fish- as follows: Boswell Hilliard Menendez ing industry. The current tariff structure has re- [Roll No. 264] Boucher Hinchey Millender- sulted in tremendous growth for Ecuador in Boyd Hinojosa McDonald YEAS—216 Brady (PA) Hoeffel Miller, George this industry. Aderholt Chambliss Frelinghuysen Brown (FL) Holden Mink With the above stated reasons in mind, I re- Akin Collins Gallegly Brown (OH) Holt Mollohan spectfully ask the conferees to strike tuna from Armey Combest Ganske Capito Honda Moore the list of items for duty free treatment under Bachus Cooksey Gekas Capps Hooley Moran (VA) Baker Cox Gibbons Capuano Hoyer Murtha the ATPA. Barr Crane Gilchrest Cardin Inslee Nadler In regards to rum, congress and past Ad- Bartlett Crenshaw Gillmor Carson (IN) Israel Napolitano ministrations have repeatedly recognized that Barton Cubin Gilman Clay Jackson (IL) Neal rum is a product of unique and critical impor- Bass Culberson Goodlatte Clayton Jackson-Lee Norwood Bereuter Cunningham Goss Clement (TX) Oberstar tance to Puerto Rico and neighboring island Biggert Davis (FL) Granger Clyburn Jefferson Obey jurisdictions that benefit from the Caribbean Bilirakis Davis, Jo Ann Graves Coble Johnson, E. B. Olver Basin initiative (‘‘CBI’’). The current duty struc- Blunt Davis, Tom Green (WI) Condit Jones (OH) Ortiz ture for rum is the result of a compromise Boehlert Deal Greenwood Conyers Kanjorski Owens Boehner DeLay Grucci Costello Kaptur Pallone reached in 1997 among the United States, the Bonilla Diaz-Balart Gutknecht Coyne Kennedy (RI) Pascrell European Union and Caribbean governments Bono Dooley Hall (TX) Cramer Kildee Pastor and producers. This compromise balanced the Boozman Doolittle Hansen Crowley Kilpatrick Payne phase-out of tariffs for higher-value rum with Brady (TX) Dreier Hart Cummings Kind (WI) Pelosi Brown (SC) Duncan Hastert Davis (CA) Kleczka Peterson (MN) the maintenance of essential duties on low- Bryant Dunn Hastings (WA) Davis (IL) Kucinich Phelps value rum. Congress and the Administration Burr Ehlers Hayworth DeFazio LaFalce Pomeroy should continue this wise policy. I ask that Burton Ehrlich Hefley DeGette Lampson Price (NC) Buyer Emerson Herger Delahunt Langevin Quinn conferees assure that rum continues to be ex- Callahan English Hill DeLauro Lantos Rahall cluded from duty-free treatment under the Calvert Everett Hilleary DeMint Larsen (WA) Rangel ATPDEA and that low-value rum is not part of Camp Ferguson Hobson Deutsch Larson (CT) Reyes future tariff negotiations in the context of the Cannon Flake Hoekstra Dicks Lee Rivers Cantor Fletcher Horn Dingell Levin Rodriguez Free Trade Area of the Americas (‘‘FTAA’’). Carson (OK) Foley Hostettler Doggett Lewis (GA) Roemer Finally and, perhaps most importantly, there Castle Forbes Houghton Doyle Lipinski Ross is a compelling economic case for retaining Chabot Fossella Hulshof Edwards LoBiondo Rothman

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.051 pfrm12 PsN: H26PT1 H3964 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Roybal-Allard Smith (NJ) Udall (NM) TITLE VI—HEALTH CARE COVERAGE OP- Subtitle B—Office of the United States Trade Rush Smith (WA) Velazquez TIONS FOR WORKERS ELIGIBLE FOR Representative Sabo Solis Visclosky TRADE ADJUSTMENT ASSISTANCE Sanchez Spratt Waters Sec. 1161. Authorization of appropriations. Sanders Stark Watson (CA) Sec. 601. Trade adjustment assistance health Subtitle C—United States International Trade Sandlin Strickland Watt (NC) insurance credit. Commission Sawyer Stupak Waxman Sec. 602. Advance payment of trade adjustment Sec. 1171. Authorization of appropriations. Schakowsky Tauscher Weiner assistance health insurance cred- Subtitle D—Other Trade Provisions Schiff Taylor (MS) Weldon (PA) it. Scott Thompson (CA) Wexler Sec. 603. Health insurance coverage for eligible Sec. 1181. Increase in aggregate value of arti- Serrano Thompson (MS) Wilson (SC) individuals. cles exempt from duty acquired Sherman Thurman Woolsey abroad by United States residents. Shows Tierney Wu TITLE VII—CONFORMING AMENDMENTS Sec. 1182. Regulatory audit procedures. Simmons Towns Wynn AND EFFECTIVE DATE Skelton Turner Subtitle E—Sense of Senate Sec. 701. Conforming amendments. Slaughter Udall (CO) Sec. 1191. Sense of Senate. TITLE VIII—SAVINGS PROVISIONS AND ANSWERED ‘‘PRESENT’’—1 DIVISION B—BIPARTISAN TRADE EFFECTIVE DATE Paul PROMOTION AUTHORITY Sec. 801. Savings provisions. TITLE XXI—TRADE PROMOTION NOT VOTING—3 Sec. 802. Effective date. AUTHORITY Roukema Smith (MI) Traficant TITLE IX—REVENUE PROVISIONS Sec. 2101. Short title; findings. b 1657 Sec. 901. Custom user fees. Sec. 2102. Trade negotiating objectives. TITLE X—MISCELLANEOUS PROVISIONS Sec. 2103. Trade agreements authority. Mr. GIBBONS changed his vote from Sec. 2104. Consultations and assessment. ‘‘nay’’ to ‘‘ yea.’’ Sec. 1001. Country of origin labeling of fish and Sec. 2105. Implementation of trade agreements. So the resolution was agreed to. shellfish products. Sec. 2106. Treatment of certain trade agree- The result of the vote was announced Sec. 1002. Sugar policy. ments for which negotiations have as above recorded. TITLE XI—CUSTOMS REAUTHORIZATION already begun. A motion to reconsider was laid on Sec. 1101. Short title. Sec. 2107. Congressional Oversight Group. Sec. 2108. Additional implementation and en- the table. Subtitle A—United States Customs Service forcement requirements. The SPEAKER pro tempore (Mr. CHAPTER 1—DRUG ENFORCEMENT AND OTHER Sec. 2109. Committee staff. LAHOOD). Pursuant to House Resolu- NONCOMMERCIAL AND COMMERCIAL OPERATIONS Sec. 2110. Conforming amendments. tion 450, the House concurs in the Sen- Sec. 1111. Authorization of appropriations for Sec. 2111. Report on impact of trade promotion ate amendment to H.R. 3009 with an noncommercial operations, com- authority. amendment, insists on the House mercial operations, and air and Sec. 2112. Identification of small business advo- marine interdiction. cate at WTO. amendment to the Senate amendment, Sec. 2113. Definitions. and requests a conference with the Sec. 1112. Antiterrorist and illicit narcotics de- tection equipment for the United DIVISION C—ANDEAN TRADE PREFERENCE Senate thereon. ACT The text of the Senate amendment is States-Mexico border, United TITLE XXXI—ANDEAN TRADE as follows: States-Canada border, and Flor- ida and the Gulf Coast seaports. PREFERENCE Senate amendment: Sec. 1113. Compliance with performance plan Sec. 3101. Short title; findings. Strike out all after the enacting clause and requirements. Sec. 3102. Temporary provisions. insert: CHAPTER 2—CHILD CYBER-SMUGGLING CENTER Sec. 3103. Termination. SECTION 1. SHORT TITLE. TITLE XXXII—MISCELLANEOUS TRADE This Act may be cited as the ‘‘Trade Act of OF THE CUSTOMS SERVICE BENEFITS 2002’’. Sec. 1121. Authorization of appropriations for program to prevent child pornog- Sec. 3201. Wool provisions. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Sec. 3202. Duty suspension on wool. TABLE OF CONTENTS. raphy/child sexual exploitation. Sec. 3203. Ceiling fans. (a) DIVISIONS.—This Act is organized into 4 CHAPTER 3—MISCELLANEOUS PROVISIONS Sec. 3204. Certain steam or other vapor gener- divisions as follows: Sec. 1131. Additional Customs Service officers ating boilers used in nuclear fa- (1) DIVISION A.—Trade Adjustment Assistance. for United States-Canada border. cilities. (2) DIVISION B.—Bipartisan Trade Promotion Authority. Sec. 1132. Study and report relating to per- DIVISION D—EXTENSION OF CERTAIN (3) DIVISION C.—Andean Trade Preference sonnel practices of the Customs PREFERENTIAL TRADE TREATMENT AND Act. Service. OTHER PROVISIONS (4) DIVISION D.—Extension of Certain Pref- Sec. 1133. Study and report relating to account- TITLE XLI—EXTENSION OF GENERALIZED erential Trade Treatment and Other Provisions. ing and auditing procedures of SYSTEM OF PREFERENCES (b) TABLE OF CONTENTS.—The table of con- the Customs Service. Sec. 1134. Establishment and implementation of Sec. 4101. Generalized system of preferences. tents for this Act is as follows: Sec. 4102. Amendments to generalized system of cost accounting system; reports. Sec. 1. Short title. preferences. Sec. 2. Organization of Act into divisions; table Sec. 1135. Study and report relating to timeli- TITLE XLII—OTHER PROVISIONS of contents. ness of prospective rulings. Sec. 1136. Study and report relating to customs Sec. 4201. Transparency in NAFTA tribunals. DIVISION A—TRADE ADJUSTMENT Sec. 4202. Expression of solidarity with Israel in ASSISTANCE user fees. Sec. 1137. Authorization of appropriations for its fight against terrorism. Sec. 101. Short title. Customs staffing. Sec. 4203. Limitation on use of certain revenue. TITLE I—TRADE ADJUSTMENT Sec. 4204. Sense of the Senate regarding the CHAPTER 4—ANTITERRORISM PROVISIONS ASSISTANCE FOR WORKERS United States-Russian Federation Sec. 111. Adjustment assistance for workers. Sec. 1141. Emergency adjustments to offices, summit meeting, May 2002. Sec. 112. Displaced worker self-employment ports of entry, or staffing of the Sec. 4205. No appropriations. training pilot program. Customs Service. DIVISION A—TRADE ADJUSTMENT Sec. 1142. Mandatory advanced electronic in- TITLE II—TRADE ADJUSTMENT ASSISTANCE formation for cargo and pas- ASSISTANCE FOR FIRMS sengers. SEC. 101. SHORT TITLE. This division may be cited as the ‘‘Trade Ad- Sec. 201. Reauthorization of program. Sec. 1143. Border search authority for certain justment Assistance Reform Act of 2002’’. TITLE III—TRADE ADJUSTMENT contraband in outbound mail. ASSISTANCE FOR COMMUNITIES Sec. 1144. Authorization of appropriations for TITLE I—TRADE ADJUSTMENT Sec. 301. Purpose. reestablishment of Customs oper- ASSISTANCE FOR WORKERS Sec. 302. Trade adjustment assistance for com- ations in New York City. SEC. 111. ADJUSTMENT ASSISTANCE FOR WORK- munities. ERS. CHAPTER 5—TEXTILE TRANSSHIPMENT TITLE IV—TRADE ADJUSTMENT PROVISIONS Chapter 2 of title II of the Trade Act of 1974 ASSISTANCE FOR FARMERS (19 U.S.C. 2271 et seq.) is amended to read as fol- Sec. 1151. GAO audit of textile transshipment lows: Sec. 401. Trade adjustment assistance for farm- monitoring by Customs Service. ers. Sec. 1152. Authorization of appropriations for ‘‘CHAPTER 2—ADJUSTMENT ASSISTANCE TITLE V—TRADE ADJUSTMENT textile transshipment enforcement FOR WORKERS ASSISTANCE FOR FISHERMEN operations. ‘‘Subchapter A—General Provisions Sec. 501. Trade adjustment assistance for fish- Sec. 1153. Implementation of the African ‘‘SEC. 221. DEFINITIONS. ermen. Growth and Opportunity Act. ‘‘In this chapter:

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.026 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3965

‘‘(1) ADDITIONAL COMPENSATION.—The term cles that were the basis for a certification of eli- ‘‘(28) WEEK OF UNEMPLOYMENT.—The term ‘additional compensation’ has the meaning gibility under section 231(a)(1) of a group of ‘week of unemployment’ means a week of total, given that term in section 205(3) of the Federal- workers employed by such other firm, if the cer- part-total, or partial unemployment as deter- State Extended Unemployment Compensation tification of eligibility under section 231(a)(1) is mined under the applicable State law or Federal Act of 1970 (26 U.S.C. 3304 note). based on an increase in imports from, or a shift unemployment insurance law. ‘‘(2) ADVERSELY AFFECTED EMPLOYMENT.—The in production to, Canada or Mexico. ‘‘SEC. 222. AGREEMENTS WITH STATES. term ‘adversely affected employment’ means em- ‘‘(12) EXTENDED COMPENSATION.—The term ‘‘(a) IN GENERAL.—The Secretary is author- ployment in a firm or appropriate subdivision of ‘extended compensation’ has the meaning given ized on behalf of the United States to enter into a firm, if workers of that firm or subdivision are that term in section 205(4) of the Federal-State an agreement with any State or with any State eligible to apply for adjustment assistance under Extended Unemployment Compensation Act of agency (referred to in this chapter as ‘cooper- this chapter. 1970 (26 U.S.C. 3304 note). ating State’ and ‘cooperating State agency’, re- ‘‘(3) ADVERSELY AFFECTED WORKER.— ‘‘(13) JOB FINDING CLUB.—The term ‘job find- spectively) to facilitate the provision of services ‘‘(A) IN GENERAL.—The term ‘adversely af- ing club’ means a job search workshop which under this chapter. fected worker’ means a worker who is a member includes a period of structured, supervised ac- ‘‘(b) PROVISIONS OF AGREEMENTS.—Under an of a group of workers certified by the Secretary tivity in which participants attempt to obtain agreement entered into under subsection (a)— under section 231(a)(1) as eligible for trade ad- jobs. ‘‘(1) the cooperating State agency as an agent justment assistance. ‘‘(14) JOB SEARCH PROGRAM.—The term ‘job of the United States shall— ‘‘(B) ADVERSELY AFFECTED SECONDARY WORK- search program’ means a job search workshop or ‘‘(A) facilitate the early filing of petitions ER.—The term ‘adversely affected worker’ in- job finding club. under section 231(b) for any group of workers cludes an adversely affected secondary worker ‘‘(15) JOB SEARCH WORKSHOP.—The term ‘job that the State considers is likely to be eligible who is a member of a group of workers employed search workshop’ means a short (1- to 3-day) for benefits under this chapter; at a downstream producer or a supplier, that is seminar, covering subjects such as labor market ‘‘(B) assist the Secretary in the review of any ´ ´ certified by the Secretary under section 231(a)(2) information, resume writing, interviewing tech- petition submitted from that State by verifying as eligible for trade adjustment assistance. niques, and techniques for finding job openings, the information and providing other assistance ‘‘(4) AVERAGE WEEKLY HOURS.—The term ‘av- that is designed to provide participants with as the Secretary may request; erage weekly hours’ means the average hours knowledge that will enable the participants to ‘‘(C) advise each worker who applies for un- worked by a worker (excluding overtime) in the find jobs. employment insurance of the available benefits employment from which the worker has been or ‘‘(16) ON-THE-JOB TRAINING.—The term ‘on- under this chapter and the procedures and claims to have been separated in the 52 weeks the-job training’ has the same meaning as that deadlines for applying for those benefits and of (excluding weeks during which the worker was term has in section 101(31) of the Workforce In- the worker’s potential eligibility for assistance on leave for purposes of vacation, sickness, ma- vestment Act. with health care coverage through the trade ad- ‘‘(17) PARTIAL SEPARATION.—A partial separa- ternity, military service, or any other employer- justment assistance health insurance credit tion shall be considered to exist with respect to authorized leave) preceding the week specified under section 6429 of the Internal Revenue Code in paragraph (5)(B)(ii). an individual if— ‘‘(A) the individual has had a 20-percent or of 1986 or under funds made available to the ‘‘(5) AVERAGE WEEKLY WAGE.— State to carry out section 173(f) of the Work- ‘‘(A) IN GENERAL.—The term ‘average weekly greater reduction in the average weekly hours worked by that individual in adversely affected force Investment Act of 1998; wage’ means 1⁄13 of the total wages paid to an ‘‘(D) receive applications for services under individual in the high quarter. employment; and ‘‘(B) the individual has had a 20-percent or this chapter; ‘‘(B) DEFINITIONS.—For purposes of com- ‘‘(E) provide payments on the basis provided puting the average weekly wage— greater reduction in the average weekly wage of the individual with respect to adversely affected for in this chapter; ‘‘(i) the term ‘high quarter’ means the quarter ‘‘(F) advise each adversely affected worker to in which the individual’s total wages were high- employment. ‘‘(18) REGULAR COMPENSATION.—The term apply for training under section 240, and of the est among the first 4 of the last 5 completed cal- ‘regular compensation’ has the meaning given deadlines for benefits related to enrollment in endar quarters immediately preceding the quar- that term in section 205(2) of the Federal-State training under this chapter; ter in which occurs the week with respect to Extended Unemployment Compensation Act of ‘‘(G) ensure that the State employees with re- which the computation is made; and 1970 (26 U.S.C. 3304 note). sponsibility for carrying out an agreement en- ‘‘(ii) the term ‘week’ means the week in which ‘‘(19) REGULAR STATE UNEMPLOYMENT.—The tered into under subsection (a)— total separation occurred, or, in cases where term ‘regular State unemployment’ means unem- ‘‘(i) inform adversely affected workers covered partial separation is claimed, an appropriate ployment insurance benefits other than an ex- by a certification issued under section 231(c) of week, as defined in regulations prescribed by tension of unemployment insurance by a State the workers’ (and individual member’s of the the Secretary. using its own funds beyond either the 26-week worker’s family) potential eligibility for— ‘‘(6) BENEFIT PERIOD.—The term ‘benefit pe- period mandated by Federal law or any addi- ‘‘(I) medical assistance under the medicaid riod’ means, with respect to an individual, the tional period provided for under the Federal- program established under title XIX of the So- following: State Extended Unemployment Compensation cial Security Act (42 U.S.C. 1396a et seq.); ‘‘(A) STATE LAW.—The benefit year and any ‘‘(II) child health assistance under the State Act of 1970 (26 U.S.C. 3304 note). ensuing period, as determined under applicable ‘‘(20) SECRETARY.—The term ‘Secretary’ means children’s health insurance program established State law, during which the individual is eligi- the Secretary of Labor. under title XXI of that Act (42 U.S.C. 1397aa et ble for regular compensation, additional com- ‘‘(21) STATE.—The term ‘State’ includes each seq.); pensation, or extended compensation. State of the United States, the District of Co- ‘‘(III) child care services for which assistance ‘‘(B) FEDERAL LAW.—The equivalent to the lumbia, and the Commonwealth of Puerto Rico. is provided under the Child Care and Develop- benefit year or ensuing period provided for ‘‘(22) STATE AGENCY.—The term ‘State agency’ ment Block Grant Act of 1990 (42 U.S.C. 9858 et under the applicable Federal unemployment in- means the agency of the State that administers seq.); surance law. the State law. ‘‘(IV) the trade adjustment assistance health ‘‘(7) BENEFIT YEAR.—The term ‘benefit year’ ‘‘(23) STATE LAW.—The term ‘State law’ means insurance credit under section 6429 of the Inter- has the same meaning given that term in the the unemployment insurance law of the State nal Revenue Code of 1986 and health care cov- Federal-State Extended Unemployment Com- approved by the Secretary under section 3304 of erage assistance under funds made available to pensation Act of 1970 (26 U.S.C. 3304 note). the Internal Revenue Code of 1986. the State to carry out section 173(f) of the Work- ‘‘(8) CONTRIBUTED IMPORTANTLY.—The term ‘‘(24) SUPPLIER.—The term ‘supplier’ means a force Investment Act of 1998; and ‘contributed importantly’ means a cause that is firm that produces and supplies directly to an- ‘‘(V) other Federal- and State-funded health important but not necessarily more important other firm (or subdivision) component parts for care, child care, transportation, and assistance than any other cause. articles that were the basis for a certification of programs for which the workers may be eligible; ‘‘(9) COOPERATING STATE.—The term ‘cooper- eligibility under section 231(a)(1) of a group of and ating State’ means any State that has entered workers employed by such other firm. ‘‘(ii) provide such workers with information into an agreement with the Secretary under sec- ‘‘(25) TOTAL SEPARATION.—The term ‘total regarding how to apply for such assistance, tion 222. separation’ means the layoff or severance of an services, and programs, including notification ‘‘(10) CUSTOMIZED TRAINING.—The term ‘cus- individual from employment with a firm in that the election period for COBRA continu- tomized training’ means training that is de- which or in a subdivision of which, adversely ation may be extended for certain workers under signed to meet the special requirements of an affected employment exists. section 603 of the Trade Adjustment Assistance employer (including a group of employers) and ‘‘(26) UNEMPLOYMENT INSURANCE.—The term Reform Act of 2002; that is conducted with a commitment by the em- ‘unemployment insurance’ means the unemploy- ‘‘(H) provide adversely affected workers refer- ployer to employ an individual on successful ment compensation payable to an individual ral to training services approved under title I of completion of the training. under any State law or Federal unemployment the Workforce Investment Act of 1998 (29 U.S.C. ‘‘(11) DOWNSTREAM PRODUCER.—The term compensation law, including chapter 85 of title 2801 et seq.), and any other appropriate Federal ‘downstream producer’ means a firm that per- 5, United States Code, and the Railroad Unem- or State program designed to assist dislocated forms additional, value-added production proc- ployment Insurance Act (45 U.S.C. 351 et seq.). workers or unemployed individuals, consistent esses for a firm or subdivision, including a firm ‘‘(27) WEEK.—Except as provided in para- with the requirements of subsection (b)(2); that performs final assembly or finishing, di- graph 5(B)(ii), the term ‘week’ means a week as ‘‘(I) collect and transmit to the Secretary any rectly for another firm (or subdivision), for arti- defined in the applicable State law. data as the Secretary shall reasonably require to

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.032 pfrm12 PsN: H26PT1 H3966 CONGRESSIONAL RECORD — HOUSE June 26, 2002 assist the Secretary in assuring the effective and section 205(g) of the Social Security Act (42 ‘‘(iii) includes information identifying the efficient performance of the programs carried U.S.C. 405(g)). number of workers who received waivers under out under this chapter; and ‘‘SEC. 224. DATA COLLECTION; EVALUATIONS; RE- section 235(c) and the average duration of those ‘‘(J) otherwise actively cooperate with the Sec- PORTS. during the preceding year; retary and with other Federal and State agen- ‘‘(a) DATA COLLECTION.—The Secretary shall, ‘‘(iv) describes and analyzes State participa- cies in providing payments and services under pursuant to regulations prescribed by the Sec- tion in the system; this chapter, including participation in the per- retary, collect any data necessary to meet the ‘‘(v) analyzes the quality and speed of the formance measurement system established by the requirements of this chapter. rapid response provided by each State under Secretary under section 224. ‘‘(b) PERFORMANCE EVALUATIONS.—The Sec- section 134(a)(2)(A) of the Workforce Investment ‘‘(2) the cooperating State shall— retary shall establish an effective performance Act of 1998 (29 U.S.C. 2864(a)(2)(A)); and ‘‘(A) arrange for the provision of services measuring system to evaluate the following: ‘‘(vi) provides recommendations for program improvements. under this chapter through the one-stop deliv- ‘‘(1) PROGRAM PERFORMANCE.— ‘‘(B) ANNUAL REPORT.—Not later than 1 year ery system established in section 134(c) of the ‘‘(A) speed of petition processing; after the date the report is submitted under sub- Workforce Investment Act of 1998 (29 U.S.C. ‘‘(B) quality of petition processing; paragraph (A), and annually thereafter, the 2864(c)) where available; ‘‘(C) cost of training programs; Secretary shall submit to the Committee on Fi- ‘‘(B) provide to adversely affected workers ‘‘(D) coordination of programs under this title nance of the Senate and the Committee on Ways statewide rapid response activities under section with programs under the Workforce Investment and Means of the House of Representatives a re- 134(a)(2)(A) of the Workforce Investment Act of Act (29 U.S.C. 2801 et seq.); port that includes the information collected 1998 (29 U.S.C. 2864(a)(2)(A)) in the same man- ‘‘(E) length of time participants take to enter under clauses (ii) through (v) of subparagraph ner and to the same extent as any other worker and complete training programs; eligible for those activities; ‘‘(F) the effectiveness of individual contrac- (A). ‘‘(2) STATE REPORTS.—Pursuant to regulations ‘‘(C) afford adversely affected workers the tors in providing appropriate retraining infor- prescribed by the Secretary, each State shall services provided under section 134(d) of the mation; submit to the Secretary a report that details its Workforce Investment Act of 1998 (29 U.S.C. ‘‘(G) the effectiveness of individual approved participation in the programs established under 92864(d)) in the same manner and to the same training programs in helping workers obtain em- this chapter, and that contains the data nec- extent as any other worker eligible for those ployment; essary to allow the Secretary to submit the re- services; and ‘‘(H) best practices related to the provision of port required under paragraph (1). ‘‘(D) provide training services under this benefits and retraining; and ‘‘(3) PUBLICATION.—The Secretary shall make chapter using training providers approved ‘‘(I) other data to evaluate how individual available to each State, and other public and under title I of the Workforce Investment Act of States are implementing the requirements of this private organizations as determined by the Sec- 1998 (29 U.S.C. 2801 et seq.) which may include title. retary, the data gathered and evaluated community colleges, and other effective pro- ‘‘(2) PARTICIPANT OUTCOMES.— through the performance measurement system viders of training services. ‘‘(A) reemployment rates; established under paragraph (1). ‘‘(c) OTHER PROVISIONS.— ‘‘(B) types of jobs in which displaced workers ‘‘(1) APPROVAL OF TRAINING PROVIDERS.—The have been placed; ‘‘SEC. 225. STUDY BY SECRETARY OF LABOR WHEN Secretary shall ensure that the training services INTERNATIONAL TRADE COMMIS- ‘‘(C) wage and benefit maintenance results; SION BEGINS INVESTIGATION. provided by cooperating States are provided by ‘‘(D) training completion rates; and ‘‘(a) NOTIFICATION OF INVESTIGATION.—When- organizations approved by the Secretary to ef- ‘‘(E) other data to evaluate how effective pro- ever the International Trade Commission begins fectively assist workers eligible for assistance grams under this chapter are for participants, an investigation under section 202 with respect under this chapter. taking into consideration current economic con- to an industry, the Commission shall imme- ‘‘(2) AMENDMENT, SUSPENSION, OR TERMI- ditions in the State. diately notify the Secretary of that investiga- NATION OF AGREEMENTS.—Each agreement en- ‘‘(3) PROGRAM PARTICIPATION DATA.— tion, and the Secretary shall immediately begin tered into under this section shall provide the ‘‘(A) the number of workers receiving benefits a study of— terms and conditions upon which the agreement and the type of benefits being received; ‘‘(1) the number of workers in the domestic in- may be amended, suspended, or terminated. ‘‘(B) the number of workers enrolled in, and dustry producing the like or directly competitive ‘‘(3) EFFECT ON UNEMPLOYMENT INSURANCE.— the duration of, training by major types of article who have been or are likely to be cer- Each agreement entered into under this section training; tified as eligible for adjustment assistance under shall provide that unemployment insurance oth- ‘‘(C) earnings history of workers that reflects this chapter; and erwise payable to any adversely affected worker wages before separation and wages in any job ‘‘(2) the extent to which the adjustment of will not be denied or reduced for any week by obtained after receiving benefits under this Act; those workers to the import competition may be reason of any right to payments under this ‘‘(D) the cause of dislocation identified in facilitated through the use of existing programs. chapter. each certified petition; ‘‘(b) REPORT.— ‘‘(4) COORDINATION OF WORKFORCE INVEST- ‘‘(E) the number of petitions filed and workers ‘‘(1) IN GENERAL.—The Secretary shall provide MENT ACTIVITIES.—In order to promote the co- certified in each United States congressional a report based on the study conducted under ordination of Workforce Investment Act activi- district; and subsection (a) to the President not later than 15 ties in each State with activities carried out ‘‘(F) the number of workers who received days after the day on which the Commission under this chapter, each agreement entered into waivers under each category identified in sec- makes its report under section 202(f). under this section shall provide that the State tion 235(c)(1) and the average duration of such ‘‘(2) PUBLICATION.—The Secretary shall shall submit to the Secretary, in such form as waivers. promptly make public the report provided to the the Secretary may require, the description and ‘‘(c) STATE PARTICIPATION.—The Secretary President under paragraph (1) (with the excep- information described in paragraphs (8) and (14) shall ensure, to the extent practicable, through tion of information which the Secretary deter- of section 112(b) of the Workforce Investment oversight and effective internal control measures mines to be confidential) and shall have a sum- Act of 1998 (29 U.S.C. 2822(b) (8) and (14)). the following: mary of the report published in the Federal Reg- ‘‘(d) REVIEW OF STATE DETERMINATIONS.— ‘‘(1) STATE PARTICIPATION.—Participation by ister. ‘‘(1) IN GENERAL.—A determination by a co- each State in the performance measurement sys- ‘‘SEC. 226. REPORT BY SECRETARY OF LABOR ON operating State regarding entitlement to pro- tem established under subsection (b). LIKELY IMPACT OF TRADE AGREE- gram benefits under this chapter is subject to re- ‘‘(2) MONITORING.—Monitoring by each State MENTS. view in the same manner and to the same extent of internal control measures with respect to per- ‘‘(a) IN GENERAL.—At least 90 calendar days as determinations under the applicable State formance measurement data collected by each before the day on which the President enters law. State. into a trade agreement under section 2103(b) of ‘‘(2) APPEAL.—A review undertaken by a co- ‘‘(3) RESPONSE.—The quality and speed of the the Bipartisan Trade Promotion Authority Act operating State under paragraph (1) may be ap- rapid response provided by each State under of 2002, the President shall provide the Sec- pealed to the Secretary pursuant to such regula- section 134(a)(2)(A) of the Workforce Investment retary with details of the agreement as it exists tions as the Secretary may prescribe. Act of 1998 (29 U.S.C. 2864(a)(2)(A)). at that time and direct the Secretary to prepare ‘‘SEC. 223. ADMINISTRATION ABSENT STATE ‘‘(d) REPORTS.— and submit the assessment described in sub- AGREEMENT. ‘‘(1) REPORTS BY THE SECRETARY.— section (b). Between the time the President in- ‘‘(a) IN GENERAL.—In any State in which ‘‘(A) INITIAL REPORT.—Not later than 6 structs the Secretary to prepare the assessment there is no agreement in force under section 222, months after the date of enactment of the Trade under this section and the time the Secretary the Secretary shall arrange, under regulations Adjustment Assistance Reform Act of 2002, the submits the assessment to Congress, the Presi- prescribed by the Secretary, for the performance Secretary shall submit to the Committee on Fi- dent shall keep the Secretary current with re- of all necessary functions under this chapter, nance of the Senate and the Committee on Ways spect to the details of the agreement. including providing a hearing for any worker and Means of the House of Representatives a re- ‘‘(b) ASSESSMENT.—Not later than 90 calendar whose application for payment is denied. port that— days after the President enters into the agree- ‘‘(b) FINALITY OF DETERMINATION.—A final ‘‘(i) describes the performance measurement ment, the Secretary shall submit to the Presi- determination under subsection (a) regarding system established under subsection (b); dent, the Committee on Finance of the Senate, entitlement to program benefits under this chap- ‘‘(ii) includes analysis of data collected the Committee on Ways and Means of the House ter is subject to review by the courts in the same through the system established under subsection of Representatives, and the Committees on Ap- manner and to the same extent as is provided by (b); propriations of the Senate and the House of

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.032 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3967 Representatives, a report assessing the likely im- priate subdivision of a firm, that engages in ex- programs that the workers may be eligible for; pact of the agreement on employment in the ploration or drilling for oil or natural gas shall and United States economy as a whole and in spe- be considered to be a firm producing oil or nat- ‘‘(iii) provided with information regarding cific industrial sectors, including the extent of ural gas. how to apply for the assistance, services, and worker dislocations likely to result from imple- ‘‘(B) OIL AND NATURAL GAS IMPORTS.—For programs described in clause (ii). mentation of the agreement. The report shall in- purposes of this section, any firm, or appro- ‘‘(c) ACTIONS BY SECRETARY.— clude an estimate of the financial and adminis- priate subdivision of a firm, that engages in ex- ‘‘(1) IN GENERAL.—As soon as possible after trative resources necessary to provide trade ad- ploration or drilling for oil or natural gas, or the date on which a petition is filed under sub- justment assistance to all potentially adversely otherwise produces oil or natural gas, shall be section (b), but not later than 40 days after that affected workers. considered to be producing articles directly com- date, the Secretary shall determine whether the ‘‘Subchapter B—Certifications petitive with imports of oil and with imports of petitioning group meets the requirements of sub- natural gas. section (a), and if warranted, shall issue a cer- ‘‘SEC. 231. CERTIFICATION AS ADVERSELY AF- ‘‘(C) TACONITE.—For purposes of this section, FECTED WORKERS. tification of eligibility for trade adjustment as- taconite pellets produced in the United States sistance pursuant to this subchapter. In making ‘‘(a) ELIGIBILITY FOR CERTIFICATION.— ‘‘(1) GENERAL RULE.—A group of workers (in- shall be considered to be an article that is like the determination, the Secretary shall consult cluding workers in any agricultural firm or sub- or directly competitive with imports of semi- with all petitioning entities. division of an agricultural firm) shall be cer- finished steel slab. ‘‘(2) PUBLICATION OF DETERMINATION.—Upon tified by the Secretary as adversely affected ‘‘(b) PETITIONS.— making a determination under paragraph (1), ‘‘(1) IN GENERAL.—A petition for certification workers and eligible for trade adjustment assist- the Secretary shall promptly publish a summary of eligibility for trade adjustment assistance ance benefits under this chapter pursuant to a of the determination in the Federal Register to- under this chapter for a group of adversely af- petition filed under subsection (b) if the Sec- gether with the reasons for making that deter- fected workers shall be filed simultaneously retary determines that a significant number or mination. with the Secretary and with the Governor of the proportion of the workers in the workers’ firm or ‘‘(3) DATE SPECIFIED IN CERTIFICATION.—Each State in which the firm or subdivision of the an appropriate subdivision of the firm have be- certification made under this subsection shall firm employing the workers is located. come totally or partially separated, or are specify the date on which the total or partial ‘‘(2) PERSONS WHO MAY FILE A PETITION.—A threatened to become totally or partially sepa- separation began or threatened to begin with re- petition under paragraph (1) may be filed by spect to a group of certified workers. rated, and that either— any of the following: ‘‘(A)(i) the sales or production, or both, of ‘‘(4) PROJECTED TRAINING NEEDS.—The Sec- ‘‘(A) WORKERS.—A group of workers (includ- such firm or subdivision have decreased abso- retary shall inform the State Workforce Invest- ing workers in an agricultural firm or subdivi- ment Board or equivalent agency, and other lutely; sion of any agricultural firm). ‘‘(ii) the value or volume of imports of articles public or private agencies, institutions, employ- ‘‘(B) WORKER REPRESENTATIVES.—The cer- ers, and labor organizations, as appropriate, of like or directly competitive with articles pro- tified or recognized union or other duly ap- duced by that firm or subdivision have in- each certification issued under section 231 and pointed representative of the workers. of projections, if available, of the need for train- creased; and ‘‘(C) WORKER ADJUSTMENT AND RETRAINING ‘‘(iii) the increase in the value or volume of ing under section 240 as a result of that certifi- NOTIFICATION.—Any entity to which notice of a imports described in clause (ii) contributed im- cation. plant closing or mass layoff must be given under ‘‘(d) SCOPE OF CERTIFICATION.— portantly to the workers’ separation or threat of section 3 of the Worker Adjustment and Retrain- separation and to the decline in the sales or pro- ‘‘(1) IN GENERAL.—A certification issued under ing Notification Act (29 U.S.C. 2102). subsection (c) shall cover adversely affected duction of such firm or subdivision; or ‘‘(D) OTHER.—Employers of workers described ‘‘(B) there has been a shift in production by workers in any group that meets the require- in subparagraph (A), one-stop operators or one- ments of subsection (a), whose total or partial the workers’ firm or subdivision to a foreign stop partners (as defined in section 101 of the country of articles like or directly competitive separation occurred on or after the date on Workforce Investment Act of 1998 (29 U.S.C. which the petition was filed under subsection with articles which are produced by that firm or 2801)), or State employment agencies, on behalf subdivision and the shift in production contrib- (b). of the workers. ‘‘(2) WORKERS SEPARATED PRIOR TO CERTIFI- uted importantly to the workers’ separation or ‘‘(E) REQUEST TO INITIATE CERTIFICATION.— CATION.—A certification issued under subsection threat of separation. The President, or the Committee on Finance of ‘‘(2) ADVERSELY AFFECTED SECONDARY WORK- (c) shall cover adversely affected workers whose the Senate or the Committee on Ways and total or partial separation occurred not more ER.—A group of workers (including workers in Means of the House of Representatives (by reso- any agricultural firm or subdivision of an agri- than 1 year prior to the date on which the peti- lution), may petition the Secretary to initiate a tion was filed under subsection (b). cultural firm) shall be certified by the Secretary certification process under this chapter to deter- as adversely affected and eligible for trade ad- ‘‘(e) TERMINATION OF CERTIFICATION.— mine the eligibility for trade adjustment assist- ‘‘(1) IN GENERAL.—If the Secretary determines, justment assistance benefits under this chapter ance of a group of workers. pursuant to a petition filed under subsection (b) with respect to any certification of eligibility, ‘‘(3) ACTIONS BY GOVERNOR.— that workers separated from a firm or subdivi- if the Secretary determines that— ‘‘(A) COOPERATING STATE.—Upon receipt of a sion covered by a certification of eligibility are ‘‘(A) a significant number or proportion of the petition, the Governor of a cooperating State no longer adversely affected workers, the Sec- workers in the workers’ firm or an appropriate shall ensure that the requirements of the agree- retary shall terminate the certification. subdivision of the firm have become totally or ment entered into under section 222 are met. ‘‘(2) PUBLICATION OF TERMINATION.—The Sec- partially separated, or are threatened to become ‘‘(B) OTHER STATES.—Upon receipt of a peti- retary shall promptly publish notice of any ter- totally or partially separated; tion, the Governor of a State that has not en- mination made under paragraph (1) in the Fed- ‘‘(B) the workers’ firm (or subdivision) is a tered into an agreement under section 222 shall eral Register together with the reasons for mak- supplier or downstream producer to a firm (or coordinate closely with the Secretary to ensure ing that determination. subdivision) that employed a group of workers that workers covered by a petition are— who received a certification of eligibility under ‘‘(i) provided with all available services, in- ‘‘(3) APPLICATION.—Any determination made paragraph (1), and such supply or production is cluding rapid response activities under section under paragraph (1) shall apply only to total or related to the article that was the basis for such 134 of the Workforce Investment Act (29 U.S.C. partial separations occurring after the termi- certification (as defined in section 221 (11) and 2864); nation date specified by the Secretary. (24)); and ‘‘(ii) informed of the workers’ (and individual ‘‘SEC. 232. BENEFIT INFORMATION TO WORKERS. ‘‘(C) a loss of business by the workers’ firm member’s of the worker’s family) potential eligi- ‘‘(a) IN GENERAL.—The Secretary shall, in ac- with the firm (or subdivision) described in sub- bility for— cordance with the provisions of section 222 or paragraph (B) contributed importantly to the ‘‘(I) medical assistance under the medicaid 223, as appropriate, provide prompt and full in- workers’ separation or threat of separation de- program established under title XIX of the So- formation to adversely affected workers covered termined under subparagraph (A). cial Security Act (42 U.S.C. 1396a et seq.); by a certification issued under section 231(c), in- ‘‘(3) SPECIAL RULE FOR SECONDARY WORK- ‘‘(II) child health assistance under the State cluding information regarding— ERS.—Notwithstanding paragraph (2), the Sec- children’s health insurance program established ‘‘(1) benefit allowances, training, and other retary may, pursuant to standards established under title XXI of that Act (42 U.S.C. 1397aa et employment services available under this chap- by the Secretary and for good cause shown, cer- seq.); ter; tify as eligible for trade adjustment assistance ‘‘(III) child care services for which assistance ‘‘(2) petition and application procedures under this chapter a group of workers who meet is provided under the Child Care and Develop- under this chapter; the requirements for certification as adversely ment Block Grant Act of 1990 (42 U.S.C. 9858 et ‘‘(3) appropriate filing dates for the allow- affected secondary workers in paragraph (2), ex- seq.); ances, training, and services available under cept that the Secretary has not received a peti- ‘‘(IV) the trade adjustment assistance health this chapter; and tion under paragraph (1) on behalf of workers insurance credit under section 6429 of the Inter- ‘‘(4) procedures for applying for and receiving at a firm to which the petitioning workers’ firm nal Revenue Code of 1986 and health care cov- all other Federal benefits and services available is a supplier or downstream producer as defined erage assistance under funds made available to to separated workers during a period of unem- in section 221 (11) and (24). the State to carry out section 173(f) of the Work- ployment. ‘‘(4) SPECIAL PROVISIONS.— force Investment Act of 1998; and ‘‘(b) ASSISTANCE TO GROUPS OF WORKERS.— ‘‘(A) OIL AND NATURAL GAS PRODUCERS.—For ‘‘(V) other Federal and State funded health ‘‘(1) IN GENERAL.—The Secretary shall provide purposes of this section, any firm, or appro- care, child care, transportation, and assistance any necessary assistance to enable groups of

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.032 pfrm12 PsN: H26PT1 H3968 CONGRESSIONAL RECORD — HOUSE June 26, 2002

workers to prepare petitions or applications for not available, the worker had equivalent ‘‘(b) FAILURE TO PARTICIPATE IN TRAINING.— program benefits. amounts of employment computed under regula- ‘‘(1) IN GENERAL.—Until the adversely affected ‘‘(2) ASSISTANCE FROM STATES.—The Secretary tions prescribed by the Secretary. worker begins or resumes participation in a shall ensure that cooperating States fully com- ‘‘(C) WEEK OF EMPLOYMENT.—For the pur- training program approved under section 240(a), ply with the agreements entered into under sec- poses of this paragraph any week shall be treat- no trade adjustment allowance may be paid tion 222 and shall periodically review that com- ed as a week of employment at wages of $30 or under subsection (a) to an adversely affected pliance. more, if an adversely affected worker— worker for any week or any succeeding week in ‘‘(c) NOTICE.— ‘‘(i) is on employer-authorized leave for pur- which— ‘‘(1) IN GENERAL.—Not later that 15 days after poses of vacation, sickness, injury, or maternity, ‘‘(A) the Secretary determines that— a certification is issued under section 231 (or as or inactive duty training or active duty for ‘‘(i) the adversely affected worker— soon as practicable after separation), the Sec- training in the Armed Forces of the United ‘‘(I) has failed to begin participation in a retary shall provide written notice of the bene- States; training program the enrollment in which meets fits available under this chapter to each worker ‘‘(ii) does not work because of a disability that the requirement of subsection (a)(5); or whom the Secretary has reason to believe is cov- is compensable under a workmen’s compensa- ‘‘(II) has ceased to participate in such a train- ered by the certification. tion law or plan of a State or the United States; ing program before completing the training pro- ‘‘(2) PUBLICATION OF NOTICE.—The Secretary ‘‘(iii) had employment interrupted in order to gram; and shall publish notice of the benefits available serve as a full-time representative of a labor or- ‘‘(ii) there is no justifiable cause for the fail- under this chapter to workers covered by each ganization in that firm or subdivision; or ure or cessation; or certification made under section 231 in news- ‘‘(iv) is on call-up for purposes of active duty ‘‘(B) the waiver issued to that worker under papers of general circulation in the areas in in a reserve status in the Armed Forces of the subsection (c)(1) is revoked under subsection which those workers reside. United States, provided that active duty is ‘Fed- (c)(2). ‘‘(3) NOTICE TO OTHER PARTIES AFFECTED BY eral service’ as defined in section 8521(a)(1) of ‘‘(2) EXCEPTION.—The provisions of subsection THESE PROVISIONS REGARDING HEALTH ASSIST- title 5, United States Code. (a)(5) and paragraph (1) shall not apply with ANCE.—The Secretary shall notify each provider ‘‘(D) EXCEPTIONS.— respect to any week of unemployment that be- of health insurance within the meaning of sec- ‘‘(i) In the case of weeks described in clause gins before the first week following the week in tion 7527 of the Internal Revenue Code of 1986 (i) or (iii) of subparagraph (C), or both, not which the certification is issued under section of the availability of health care coverage assist- more than 7 weeks may be treated as weeks of 231. ance under title VI of the Trade Adjustment As- employment under subparagraph (C). ‘‘(c) WAIVERS OF TRAINING REQUIREMENTS.— sistance Reform Act of 2002 and of the tem- ‘‘(ii) In the case of weeks described in clause ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary porary extension of the election period for (ii) or (iv) of subparagraph (C), not more than may issue a written statement to an adversely COBRA continuation coverage for certain work- 26 weeks may be treated as weeks of employment affected worker waiving the requirement to be ers under section 603 of that Act. under subparagraph (C). enrolled in training described in subsection (a) ‘‘(3) UNEMPLOYMENT COMPENSATION.—The ad- if the Secretary determines that the training re- ‘‘Subchapter C—Program Benefits versely affected worker meets all of the fol- quirement is not feasible or appropriate for the ‘‘PART I—GENERAL PROVISIONS lowing requirements: worker, because of 1 or more of the following ‘‘SEC. 234. COMPREHENSIVE ASSISTANCE. ‘‘(A) ENTITLEMENT TO UNEMPLOYMENT INSUR- reasons: ‘‘Workers covered by a certification issued by ANCE.—The worker was entitled to (or would be ‘‘(A) RECALL.—The worker has been notified the Secretary under section 231 shall be eligible entitled to if the worker applied for) unemploy- that the worker will be recalled by the firm from for the following: ment insurance for a week within the benefit which the separation occurred. ‘‘(1) Trade adjustment allowances as described period— ‘‘(B) MARKETABLE SKILLS.—The worker pos- in sections 235 through 238. ‘‘(i) in which total or partial separation took sesses marketable skills for suitable employment ‘‘(2) Employment services as described in sec- place; or (as determined pursuant to an assessment of the tion 239. ‘‘(ii) which began (or would have begun) by worker, which may include the profiling system ‘‘(3) Training as described in section 240. reason of the filing of a claim for unemployment under section 303(j) of the Social Security Act ‘‘(4) Job search allowances as described in sec- insurance by the worker after total or partial (42 U.S.C. 503(j)), carried out in accordance tion 241. separation. with guidelines issued by the Secretary) and ‘‘(5) Relocation allowances as described in ‘‘(B) EXHAUSTION OF UNEMPLOYMENT INSUR- there is a reasonable expectation of employment section 242. ANCE.—The worker has exhausted all rights to at equivalent wages in the foreseeable future. ‘‘(6) Supportive services and wage insurance any regular State unemployment insurance to ‘‘(C) RETIREMENT.—The worker is within 2 as described in section 243. which the worker was entitled (or would be enti- years of meeting all requirements for entitlement ‘‘(7) Health care coverage assistance under tled if the worker had applied for any regular to either— title VI of the Trade Adjustment Assistance Re- State unemployment insurance). ‘‘(i) old-age insurance benefits under title II form Act of 2002. ‘‘(C) NO UNEXPIRED WAITING PERIOD.—The of the Social Security Act (42 U.S.C. 401 et seq.) worker does not have an unexpired waiting pe- (except for application therefore); or ‘‘PART II—TRADE ADJUSTMENT riod applicable to the worker for any unemploy- ‘‘(ii) a private pension sponsored by an em- ALLOWANCES ment insurance. ployer or labor organization. ‘‘SEC. 235. QUALIFYING REQUIREMENTS FOR ‘‘(4) EXTENDED UNEMPLOYMENT COMPENSA- ‘‘(D) HEALTH.—The worker is unable to par- WORKERS. TION.—The adversely affected worker, with re- ticipate in training due to the health of the ‘‘(a) IN GENERAL.—Payment of a trade adjust- spect to a week of unemployment, would not be worker, except that a waiver under this sub- ment allowance shall be made to an adversely disqualified for extended compensation payable paragraph shall not be construed to exempt a affected worker covered by a certification under under the Federal-State Extended Unemploy- worker from requirements relating to the avail- section 231 who files an application for the al- ment Compensation Act of 1970 (26 U.S.C. 3304 ability for work, active search for work, or re- lowance for any week of unemployment that be- note) by reason of the work acceptance and job fusal to accept work under Federal or State un- gins more than 60 days after the date on which search requirements in section 202(a)(3) of that employment compensation laws. the petition that resulted in the certification Act. ‘‘(E) ENROLLMENT UNAVAILABLE.—The first was filed under section 231, if the following con- ‘‘(5) TRAINING.—The adversely affected work- available enrollment date for the approved ditions are met: er is enrolled in a training program approved by training of the worker is within 60 days after ‘‘(1) TIME OF TOTAL OR PARTIAL SEPARATION the Secretary under section 240(a), and the en- the date of the determination made under this FROM EMPLOYMENT.—The adversely affected rollment occurred not later than the latest of the paragraph, or, if later, there are extenuating worker’s total or partial separation before the periods described in subparagraph (A), (B), or circumstances for the delay in enrollment, as de- worker’s application under this chapter (C). termined pursuant to guidelines issued by the occurred— ‘‘(A) 16 WEEKS.—The worker enrolled not later Secretary. ‘‘(A) within the period specified in either sec- than the last day of the 16th week after the ‘‘(F) TRAINING NOT AVAILABLE.—Training ap- tion 231 (d) (1) or (2); worker’s most recent total separation that meets proved by the Secretary is not reasonably avail- ‘‘(B) before the expiration of the 2-year period the requirements of paragraphs (1) and (2). able to the worker from either governmental beginning on the date on which the certification ‘‘(B) 8 WEEKS.—The worker enrolled not later agencies or private sources (which may include under section 231 was issued; and than the last day of the 8th week after the week area vocational education schools, as defined in ‘‘(C) before the termination date (if any) de- in which the Secretary issues a certification cov- section 3 of the Carl D. Perkins Vocational and termined pursuant to section 231(e). ering the worker. Technical Education Act of 1998 (20 U.S.C. ‘‘(2) EMPLOYMENT REQUIRED.— ‘‘(C) EXTENUATING CIRCUMSTANCES.—Notwith- 2302), and employers), no training that is suit- ‘‘(A) IN GENERAL.—The adversely affected standing subparagraphs (A) and (B), the ad- able for the worker is available at a reasonable worker had, in the 52-week period ending with versely affected worker is eligible for trade ad- cost, or no training funds are available. the week in which the total or partial separa- justment assistance if the worker enrolled not ‘‘(G) OTHER.—The Secretary may, at his dis- tion occurred, at least 26 weeks of employment later than 45 days after the later of the dates cretion, issue a waiver if the Secretary deter- at wages of $30 or more a week with a single specified in subparagraph (A) or (B), and the mines that a worker has set forth in writing rea- firm or subdivision of a firm. Secretary determines there are extenuating cir- sons other than those provided for in subpara- ‘‘(B) UNAVAILABILITY OF DATA.—If data with cumstances that justify an extension in the en- graphs (A) through (F) justifying the grant of respect to weeks of employment with a firm are rollment period. such waiver.

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‘‘(2) DURATION OF WAIVERS.— would be entitled if the worker applied for the tended benefit period shall not be reduced by ‘‘(A) IN GENERAL.—A waiver issued under trade adjustment allowance, the worker shall the number of weeks for which the worker was paragraph (1) shall be effective for not more receive, when the worker applies for a trade ad- entitled, during that benefit year, to trade ad- than 6 months after the date on which the waiv- justment allowance and is determined to be enti- justment allowances under this part. er is issued, unless the Secretary determines oth- tled to the allowance, a trade adjustment allow- ‘‘(2) EXTENDED BENEFITS PERIOD.—For the erwise. ance for that week equal to the difference be- purpose of this section the term ‘extended ben- ‘‘(B) REVOCATION.—The Secretary shall re- tween the training allowance and the trade ad- efit period’ has the same meaning given that voke a waiver issued under paragraph (1) if the justment allowance computed under subsection term in the Federal-State Extended Unemploy- Secretary determines that the basis of a waiver (b). ment Compensation Act of 1970 (26 U.S.C. 3304 is no longer applicable to the worker. ‘‘SEC. 237. LIMITATIONS ON TRADE ADJUSTMENT note). ‘‘(3) AMENDMENTS UNDER SECTION 222.— ALLOWANCES. ‘‘SEC. 238. APPLICATION OF STATE LAWS. ‘‘(A) ISSUANCE BY COOPERATING STATES.—Pur- ‘‘(a) AMOUNT PAYABLE.—The maximum ‘‘(a) IN GENERAL.—Except where inconsistent suant to an agreement under section 222, the amount of trade adjustment allowance payable with the provisions of this chapter and subject Secretary may authorize a cooperating State to to an adversely affected worker, with respect to to such regulations as the Secretary may pre- issue waivers as described in paragraph (1). the period covered by any certification, shall be scribe, the availability and disqualification pro- ‘‘(B) SUBMISSION OF STATEMENTS.—An agree- the amount that is the product of 104 multiplied visions of the State law under which an ad- ment under section 222 shall include a require- by the trade adjustment allowance payable to versely affected worker is entitled to unemploy- ment that the cooperating State submit to the the worker for a week of total unemployment (as ment insurance (whether or not the worker has Secretary the written statements provided under determined under section 236) reduced by the filed a claim for such insurance), or, if the paragraph (1) and a statement of the reasons for total sum of the regular State unemployment in- worker is not so entitled to unemployment insur- the waiver. surance to which the worker was entitled (or ance, of the State in which the worker was to- ‘‘SEC. 236. WEEKLY AMOUNTS. would have been entitled if the worker had ap- tally or partially separated, shall apply to a ‘‘(a) IN GENERAL.—Subject to subsections (b) plied for unemployment insurance) in the work- worker that files an application for trade ad- and (c), the trade adjustment allowance payable er’s first benefit period described in section justment assistance. to an adversely affected worker for a week of 235(a)(3)(A). ‘‘(b) DURATION OF APPLICABILITY.—The State total unemployment shall be an amount equal to ‘‘(b) DURATION OF PAYMENTS.— law determined to be applicable with respect to the most recent weekly benefit amount of the ‘‘(1) IN GENERAL.—Except as provided in para- a separation of an adversely affected worker unemployment insurance payable to the worker graph (2), a trade adjustment allowance shall shall remain applicable for purposes of sub- for a week of total unemployment preceding the not be paid for any week occurring after the section (a), with respect to a separation until worker’s first exhaustion of unemployment in- close of the 104-week period that begins with the the worker becomes entitled to unemployment surance (as determined for purposes of section first week following the week in which the ad- insurance under another State law (whether or 235(a)(3)(B)) reduced (but not below zero) by— versely affected worker was most recently to- not the worker has filed a claim for that insur- ‘‘(1) any training allowance deductible under tally separated— ance). ‘‘(A) within the period that is described in sec- subsection (c); and ‘‘PART III—EMPLOYMENT SERVICES, tion 235(a)(1); and ‘‘(2) any income that is deductible from unem- TRAINING, AND OTHER ALLOWANCES ‘‘(B) with respect to which the worker meets ployment insurance under the disqualifying in- ‘‘SEC. 239. EMPLOYMENT SERVICES. the requirements of section 235(a)(2). come provisions of the applicable State law or ‘‘The Secretary shall, in accordance with sec- ‘‘(2) SPECIAL RULES.— Federal unemployment insurance law. tion 222 or 223, as applicable, make every rea- ‘‘(A) BREAK IN TRAINING.—For purposes of sonable effort to secure for adversely affected ‘‘(b) ADJUSTMENT FOR WORKERS RECEIVING this chapter, a worker shall be treated as par- workers covered by a certification under section TRAINING.— ticipating in a training program approved by 231, counseling, testing, placement, and other ‘‘(1) IN GENERAL.—Any adversely affected the Secretary under section 240(a) during any services provided for under any other Federal worker who is entitled to a trade adjustment al- week that is part of a break in a training that law. lowance and who is receiving training approved does not exceed 30 days if— by the Secretary, shall receive for each week in ‘‘(i) the worker was participating in a train- ‘‘SEC. 240. TRAINING. which the worker is undergoing that training, a ing program approved under section 240(a) be- ‘‘(a) APPROVED TRAINING PROGRAMS.— ‘‘(1) IN GENERAL.—The Secretary shall ap- trade adjustment allowance in an amount (com- fore the beginning of the break in training; and puted for such week) equal to the greater of— ‘‘(ii) the break is provided under the training prove training programs that include— ‘‘(A) on-the-job training or customized train- ‘‘(A) the amount computed under subsection program. ing; (a); or ‘‘(B) ON-THE-JOB TRAINING.—No trade adjust- ‘‘(B) the amount of any weekly allowance for ‘‘(B) any employment or training activity pro- ment allowance shall be paid to a worker under vided through a one-stop delivery system under that training to which the worker would be en- this chapter for any week during which the titled under any other Federal law for the train- chapter 5 of subtitle B of title I of the Workforce worker is receiving on-the-job training, except Investment Act of 1998 (29 U.S.C. 2861 et seq.); ing of workers, if the worker applied for that al- that a trade adjustment allowance shall be paid lowance. ‘‘(C) any program of adult education; if a worker is enrolled in a non-paid customized ‘‘(D) any training program (other than a ‘‘(2) ALLOWANCE PAID IN LIEU OF.—Any trade training program. training program described in paragraph (3)) for adjustment allowance calculated under para- ‘‘(C) SMALL BUSINESS ADMINISTRATION PILOT which all, or any portion, of the costs of train- graph (1) shall be paid in lieu of any training PROGRAM.—An adversely affected worker who is ing the worker are paid— allowance to which the worker would be entitled participating in a self-employment training pro- ‘‘(i) under any Federal or State program other under any other Federal law. gram established by the Director of the Small than this chapter; or ‘‘(3) COORDINATION WITH UNEMPLOYMENT IN- Business Administration pursuant to section 102 ‘‘(ii) from any source other than this section; SURANCE.—Any week in which a worker under- of the Trade Adjustment Assistance Reform Act and going training approved by the Secretary re- of 2002, shall not be ineligible to receive benefits ‘‘(E) any other training program that the Sec- ceives payments from unemployment insurance under this chapter. retary determines is acceptable to meet the needs shall be subtracted from the total number of ‘‘(D) ADDITIONAL WEEKS FOR REMEDIAL EDU- of an adversely affected worker. weeks for which a worker may receive trade ad- CATION.—Notwithstanding any other provision In making the determination under subpara- justment allowance under this chapter. of this section, in order to assist an adversely graph (E), the Secretary shall consult with in- ‘‘(c) ADJUSTMENT FOR WORKERS RECEIVING affected worker to complete training approved terested parties. ALLOWANCES UNDER OTHER FEDERAL LAW.— for the worker under section 240, if the program ‘‘(2) TRAINING AGREEMENTS.—Before approv- ‘‘(1) REDUCTION IN WEEKS FOR WHICH ALLOW- is a program of remedial education in accord- ing any training to which subsection (f)(1)(C) ANCE WILL BE PAID.—If a training allowance ance with regulations prescribed by the Sec- may apply, the Secretary may require that the under any Federal law (other than this Act) is retary, payments may be made as trade adjust- adversely affected worker enter into an agree- paid to an adversely affected worker for any ment allowances for up to 26 additional weeks ment with the Secretary under which the Sec- week of unemployment with respect to which in the 26-week period that follows the last week retary will not be required to pay under sub- the worker would be entitled (determined with- of entitlement to trade adjustment allowances section (b) the portion of the costs of the train- out regard to any disqualification under section otherwise payable under this chapter. ing that the worker has reason to believe will be 235(b)) to a trade adjustment allowance if the ‘‘(c) ADJUSTMENT OF AMOUNTS PAYABLE.— paid under the program, or by the source, de- worker applied for that allowance, each week of Amounts payable to an adversely affected work- scribed in clause (i) or (ii) of subsection unemployment shall be deducted from the total er under this chapter shall be subject to adjust- (f)(1)(C). number of weeks of trade adjustment allowance ment on a week-to-week basis as may be re- ‘‘(3) LIMITATION ON APPROVALS.—The Sec- otherwise payable to that worker under section quired by section 236. retary shall not approve a training program if 235(a) when the worker applies for a trade ad- ‘‘(d) YEAR-END ADJUSTMENT.— all of the following apply: justment allowance and is determined to be enti- ‘‘(1) IN GENERAL.—Notwithstanding any other ‘‘(A) PAYMENT BY PLAN.—Any portion of the tled to the allowance. provision of this Act or any other provision of costs of the training program are paid under ‘‘(2) PAYMENT OF DIFFERENCE.—If the training law, if the benefit year of a worker ends within any nongovernmental plan or program. allowance paid to a worker for any week of un- an extended benefit period, the number of weeks ‘‘(B) RIGHT TO OBTAIN.—The adversely af- employment is less than the amount of the trade of extended benefits that the worker would, but fected worker has a right to obtain training or adjustment allowance to which the worker for this subsection, be entitled to in that ex- funds for training under that plan or program.

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‘‘(C) REIMBURSEMENT.—The plan or program 231, who is not qualified to receive a trade ad- ment insurance law relating to availability for requires the worker to reimburse the plan or justment allowance under section 235, may be el- work, active search for work, or refusal to ac- program from funds provided under this chap- igible to have payment of the costs of training cept work. ter, or from wages paid under the training pro- made under this section, if the worker enters a ‘‘(3) DEFINITION.—For purposes of this section gram, for any portion of the costs of that train- training program approved by the Secretary not the term ‘suitable employment’ means, with re- ing program paid under the plan or program. later than 6 months after the date on which the spect to a worker, work of a substantially equal ‘‘(b) PAYMENT OF TRAINING COSTS.— certification that covers the worker is issued or or higher skill level than the worker’s past ad- ‘‘(1) IN GENERAL.—Upon approval of a train- the Secretary determines that one of the fol- versely affected employment, and wages for ing program under subsection (a), and subject to lowing applied: such work at not less than 80 percent of the the limitations imposed by this section, an ad- ‘‘(1) Funding was not available at the time at worker’s average weekly wage. versely affected worker covered by a certifi- which the adversely affected worker was re- ‘‘(4) PAYMENTS AFTER REEMPLOYMENT.— cation issued under section 231 may be eligible quired to enter training under paragraph (1). ‘‘(A) IN GENERAL.—In the case of an adversely to have payment of the costs of that training, ‘‘(2) The adversely affected worker was cov- affected worker who secures reemployment, the including any costs of an approved training ered by a waiver issued under section 235(c). Secretary may approve and pay the costs of program incurred by a worker before a certifi- ‘‘(d) EXHAUSTION OF UNEMPLOYMENT INSUR- training (or shall continue to pay the costs of cation was issued under section 231, made on be- ANCE NOT REQUIRED.—The Secretary may ap- training previously approved) for that adversely half of the worker by the Secretary directly or prove training, and pay the costs thereof, for affected worker, for the completion of the train- through a voucher system. any adversely affected worker who is a member ing program or up to 26 weeks, whichever is less, ‘‘(2) ON-THE-JOB TRAINING AND CUSTOMIZED of a group certified under section 231 at any after the date the adversely affected worker be- TRAINING.— time after the date on which the group is cer- comes reemployed. ‘‘(A) PROVISION OF TRAINING ON THE JOB OR tified, without regard to whether the worker has ‘‘(B) TRADE ADJUSTMENT ALLOWANCE.—An ad- CUSTOMIZED TRAINING.—If the Secretary ap- exhausted all rights to any unemployment in- versely affected worker who is reemployed and proves training under subsection (a), the Sec- surance to which the worker is entitled. is undergoing training approved by the Sec- retary shall, insofar as possible, provide or as- ‘‘(e) SUPPLEMENTAL ASSISTANCE.— retary pursuant to subparagraph (A) may con- sure the provision of that training on the job or ‘‘(1) IN GENERAL.—Subject to paragraphs (2) tinue to receive a trade adjustment allowance, customized training, and any training on the and (3), when training is provided under a subject to the income offsets provided for in the job or customized training that is approved by training program approved by the Secretary worker’s State unemployment compensation law the Secretary under subsection (a) shall include under subsection (a) in facilities that are not in accordance with the provisions of section 237. related education necessary for the acquisition within commuting distance of a worker’s regular ‘‘(5) FUNDING.—The total amount of payments of skills needed for a position within a par- place of residence, the Secretary may authorize that may be made under this section for any fis- ticular occupation. supplemental assistance to defray reasonable cal year shall not exceed $300,000,000. ‘‘(B) MONTHLY INSTALLMENTS.—If the Sec- transportation and subsistence expenses for sep- ‘‘SEC. 240A. JOB TRAINING PROGRAMS. retary approves payment of any on-the-job arate maintenance. ‘‘(a) GRANT PROGRAM AUTHORIZED.—The Sec- training or customized training under sub- ‘‘(2) TRANSPORTATION EXPENSES.—The Sec- retary is authorized to award grants to commu- section (a), the Secretary shall pay the costs of retary may not authorize payments for travel nity colleges (as defined in section 202 of the that training in equal monthly installments. expenses exceeding the prevailing mileage rate Tech-Prep Education Act (20 U.S.C. 2371)) on a ‘‘(C) LIMITATIONS.—The Secretary may pay authorized under the Federal travel regulations. competitive basis to establish job training pro- the costs of on-the-job training or customized ‘‘(3) SUBSISTENCE EXPENSES.—The Secretary grams for adversely affected workers. training only if— may not authorize payments for subsistence that ‘‘(b) APPLICATION.— ‘‘(i) no employed worker is displaced by the exceed the lesser of— ‘‘(1) SUBMISSION.—To receive a grant under adversely affected worker (including partial dis- ‘‘(A) the actual per diem expenses for subsist- this section, a community college shall submit placement such as a reduction in the hours of ence of the worker; or an application to the Secretary at such time and nonovertime work, wages, or employment bene- ‘‘(B) an amount equal to 50 percent of the pre- in such manner as the Secretary shall require. fits); vailing per diem allowance rate authorized ‘‘(2) CONTENTS.—The application submitted ‘‘(ii) the training does not impair contracts for under Federal travel regulations. under paragraph (1) shall provide a description services or collective bargaining agreements; ‘‘(f) SPECIAL PROVISIONS; LIMITATIONS.— of— ‘‘(A) the population to be served with grant ‘‘(iii) in the case of training that would affect ‘‘(1) LIMITATION ON MAKING PAYMENTS.— a collective bargaining agreement, the written ‘‘(A) DISALLOWANCE OF OTHER PAYMENT.—If funds received under this section; ‘‘(B) how grant funds received under this sec- concurrence of the labor organization concerned the costs of training an adversely affected work- er are paid by the Secretary under subsection tion will be expended; and has been obtained; ‘‘(C) the job training programs that will be es- (b), no other payment for those training costs ‘‘(iv) no other individual is on layoff from the tablished with grant funds received under this may be made under any other provision of Fed- same, or any substantially equivalent, job for section, including a description of how such eral law. which the adversely affected worker is being programs relate to workforce needs in the area ‘‘(B) NO PAYMENT OF REIMBURSABLE COSTS.— trained; where the community college is located. No payment for the costs of approved training ‘‘(v) the employer has not terminated the em- ‘‘(c) ELIGIBILITY.—To be eligible to receive a ployment of any regular employee or otherwise may be made under subsection (b) if those grant under this section, a community college reduced the workforce of the employer with the costs— shall be located in an eligible community (as de- ‘‘(i) have already been paid under any other intention of filling the vacancy so created by fined in section 271). hiring the adversely affected worker; provision of Federal law; or ‘‘(d) DECISION ON APPLICATIONS.—Not later ‘‘(vi) the job for which the adversely affected ‘‘(ii) are reimbursable under any other provi- than 30 days after submission of an application worker is being trained is not being created in a sion of Federal law and a portion of those costs under subsection (b), the Secretary shall ap- promotional line that will infringe in any way has already been paid under that other provi- prove or disapprove the application. upon the promotional opportunities of employed sion of Federal law. ‘‘(e) USE OF FUNDS.—A community college individuals; ‘‘(C) NO PAYMENT OF COSTS PAID ELSE- that receives a grant under this section shall use ‘‘(vii) the training is not for the same occupa- WHERE.—The Secretary is not required to pay the grant funds to establish job training pro- tion from which the worker was separated and the costs of any training approved under sub- grams for adversely affected workers. with respect to which the worker’s group was section (a) to the extent that those costs are ‘‘SEC. 241. JOB SEARCH ALLOWANCES. certified pursuant to section 231; paid under any Federal or State program other ‘‘(a) JOB SEARCH ALLOWANCE AUTHORIZED.— ‘‘(viii) the employer is provided reimbursement than this chapter. ‘‘(1) IN GENERAL.—An adversely affected of not more than 50 percent of the wage rate of ‘‘(D) EXCEPTION.—The provisions of this worker covered by a certification issued under the participant, for the cost of providing the paragraph shall not apply to, or take into ac- section 231 may file an application with the Sec- training and additional supervision related to count, any funds provided under any other pro- retary for payment of a job search allowance. the training; vision of Federal law that are used for any pur- ‘‘(2) APPROVAL OF APPLICATIONS.—The Sec- ‘‘(ix) the employer has not received payment pose other than the direct payment of the costs retary may grant an allowance pursuant to an under subsection (b)(1) with respect to any other incurred in training a particular adversely af- application filed under paragraph (1) when all on-the-job training provided by the employer or fected worker, even if the use of those funds has of the following apply: customized training that failed to meet the re- the effect of indirectly paying for or reducing ‘‘(A) ASSIST ADVERSELY AFFECTED WORKER.— quirements of clauses (i) through (vi); and any portion of the costs involved in training the The allowance is paid to assist an adversely af- ‘‘(x) the employer has not taken, at any time, adversely affected worker. fected worker who has been totally separated in any action that violated the terms of any certifi- ‘‘(2) UNEMPLOYMENT ELIGIBILITY.—A worker securing a job within the United States. cation described in clause (viii) made by that may not be determined to be ineligible or dis- ‘‘(B) LOCAL EMPLOYMENT NOT AVAILABLE.— employer with respect to any other on-the-job qualified for unemployment insurance or pro- The Secretary determines that the worker can- training provided by the employer or customized gram benefits under this subchapter because the not reasonably be expected to secure suitable training for which the Secretary has made a individual is in training approved under sub- employment in the commuting area in which the payment under paragraph (1). section (a), because of leaving work which is not worker resides. ‘‘(c) CERTAIN WORKERS ELIGIBLE FOR TRAIN- suitable employment to enter the training, or be- ‘‘(C) APPLICATION.—The worker has filed an ING BENEFITS.—An adversely affected worker cause of the application to any week in training application for the allowance with the Secretary covered by a certification issued under section of provisions of State law or Federal unemploy- before—

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‘‘(i) the later of— ‘‘(2) the relocation occurs within 182 days ‘‘(5) LIMITATION ON OTHER BENEFITS.—At the ‘‘(I) the 365th day after the date of the certifi- after the conclusion of training, if the worker time a worker begins to receive a wage subsidy cation under which the worker is certified as eli- entered a training program approved by the Sec- under this subsection the worker shall not be el- gible; or retary under section 240(a). igible to receive any benefits under this Act ‘‘(II) the 365th day after the date of the work- ‘‘SEC. 243. SUPPORTIVE SERVICES; WAGE INSUR- other than the wage subsidy unless the Sec- er’s last total separation; or ANCE. retary determines, pursuant to standards estab- ‘‘(ii) the date that is the 182d day after the ‘‘(a) SUPPORTIVE SERVICES.— lished by the Secretary, that the worker has date on which the worker concluded training, ‘‘(1) APPLICATION.— shown circumstances that warrant eligibility for unless the worker received a waiver under sec- ‘‘(A) IN GENERAL.—The State may, on behalf training benefits under section 240. tion 235(c). of any adversely affected worker or group of ‘‘(6) FUNDING.—The total amount of payments ‘‘(b) AMOUNT OF ALLOWANCE.— workers covered by a certification issued under that may be made under this subsection for any ‘‘(1) IN GENERAL.—An allowance granted section 231— fiscal year shall not exceed $50,000,000. under subsection (a) shall provide reimburse- ‘‘(i) file an application with the Secretary for ‘‘(7) TERMINATION.— ment to the worker of 90 percent of the cost of services under section 173 of the Workforce In- ‘‘(A) IN GENERAL.—Except as provided in sub- necessary job search expenses as prescribed by vestment Act of 1998 (relating to National Emer- paragraph (B), no payments may be made under the Secretary in regulations. gency Grants); and this subsection after the date that is 2 years ‘‘(2) MAXIMUM ALLOWANCE.—Reimbursement ‘‘(ii) provide other services under title I of the after the date on which the program under this under this subsection may not exceed $1,250 for Workforce Investment Act of 1998. subsection is implemented in the State under any worker. ‘‘(B) SERVICES.—The services available under paragraph (1). ‘‘(3) ALLOWANCE FOR SUBSISTENCE AND TRANS- this paragraph include transportation, child ‘‘(B) EXCEPTION.—Notwithstanding subpara- PORTATION.—Reimbursement under this sub- care, and dependent care that are necessary to graph (A), a worker receiving payments under section may not be made for subsistence and enable a worker to participate in activities au- this subsection on the date described in sub- transportation expenses at levels exceeding thorized under this chapter. paragraph (A) shall continue to receive such those allowable under section 240(e). ‘‘(2) CONDITIONS.—The Secretary may approve payments for as long as the worker meets the ‘‘(c) EXCEPTION.—Notwithstanding subsection an application filed under paragraph (1)(A)(i) eligibility requirements of this subsection. (b), the Secretary shall reimburse any adversely and provide supportive services to an adversely ‘‘(c) STUDIES OF ASSISTANCE AVAILABLE TO affected worker for necessary expenses incurred affected worker only if the Secretary determines ECONOMICALLY DISTRESSED WORKERS.— by the worker in participating in a job search that all of the following apply: ‘‘(1) STUDY BY THE GENERAL ACCOUNTING OF- program approved by the Secretary. ‘‘(A) NECESSITY.—Providing services is nec- FICE.— ‘‘SEC. 242. RELOCATION ALLOWANCES. essary to enable the worker to participate in or ‘‘(A) IN GENERAL.—The Comptroller General of ‘‘(a) RELOCATION ALLOWANCE AUTHORIZED.— complete training. the United States shall conduct a study of all ‘‘(1) IN GENERAL.—Any adversely affected ‘‘(B) CONSISTENT WITH WORKFORCE INVEST- assistance provided by the Federal Government worker covered by a certification issued under MENT ACT.—The services are consistent with the for workers facing job loss and economic dis- section 231 may file an application for a reloca- supportive services provided to participants tress. tion allowance with the Secretary, and the Sec- under the provisions relating to dislocated work- ‘‘(B) REPORT.—Not later than 1 year after the retary may grant the relocation allowance, sub- er employment and training activities set forth date of enactment of the Trade Adjustment As- ject to the terms and conditions of this section. in chapter 5 of subtitle B of title I of the Work- sistance Reform Act of 2002, the Comptroller ‘‘(2) CONDITIONS FOR GRANTING ALLOWANCE.— force Investment Act of 1998 (29 U.S.C. 2861 et General shall submit to the Committee on Fi- A relocation allowance may be granted if all of seq.). nance of the Senate and the Committee on Ways the following terms and conditions are met: ‘‘(b) WAGE INSURANCE PROGRAM.— and Means of the House of Representatives a re- ‘‘(A) ASSIST AN ADVERSELY AFFECTED WORK- ‘‘(1) IN GENERAL.—Not later than 1 year after port on the study conducted under subpara- ER.—The relocation allowance will assist an ad- the date of enactment of the Trade Adjustment graph (A). The report shall include a descrip- versely affected worker in relocating within the Assistance Reform Act of 2002, the Secretary tion of— United States. shall establish, and the States shall implement, ‘‘(i) all Federal programs designed to assist ‘‘(B) LOCAL EMPLOYMENT NOT AVAILABLE.— a Wage Insurance Program under which a State workers facing job loss and economic distress, The Secretary determines that the worker can- shall use the funds provided to the State for including all benefits and services; not reasonably be expected to secure suitable trade adjustment allowances to pay to an ad- ‘‘(ii) eligibility requirements for each of the employment in the commuting area in which the versely affected worker certified under section programs; and worker resides. 231 a wage subsidy of up to 50 percent of the ‘‘(iii) procedures for applying for and receiv- ‘‘(C) TOTAL SEPARATION.—The worker is to- difference between the wages received by the ad- ing benefits and services under each of the pro- tally separated from employment at the time re- versely affected worker from reemployment and grams. location commences. the wages received by the adversely affected ‘‘(C) DISTRIBUTION OF GAO REPORT.—The re- ‘‘(D) SUITABLE EMPLOYMENT OBTAINED.—The worker at the time of separation for a period not port described in subparagraph (B) shall be dis- worker— to exceed 2 years. tributed to all one-stop partners authorized ‘‘(i) has obtained suitable employment afford- ‘‘(2) AMOUNT OF PAYMENT.— under the Workforce Investment Act of 1998. ing a reasonable expectation of long-term dura- ‘‘(A) WAGES UNDER $40,000.—If the wages the ‘‘(2) STUDIES BY THE STATES.— tion in the area in which the worker wishes to worker receives from reemployment are less than ‘‘(A) IN GENERAL.—Each State may conduct a relocate; or $40,000 a year, the wage subsidy shall be 50 per- study of its assistance programs for workers fac- ‘‘(ii) has obtained a bona fide offer of such cent of the difference between the amount of the ing job loss and economic distress. employment. wages received by the worker from reemploy- ‘‘(B) GRANTS.—The Secretary may award to ‘‘(E) APPLICATION.—The worker filed an ap- ment and the amount of the wages received by each State a grant, not to exceed $50,000, to en- plication with the Secretary before— the worker at the time of separation. able the State to conduct the study described in ‘‘(i) the later of— ‘‘(B) WAGES BETWEEN $40,000 AND $50,000.—If subparagraph (A). Each study shall be under- ‘‘(I) the 425th day after the date of the certifi- the wages received by the worker from reemploy- taken in consultation with affected parties. cation under section 231; or ment are greater than $40,000 a year but less ‘‘(C) REPORT.—Not later than 1 year after the ‘‘(II) the 425th day after the date of the work- than $50,000 a year, the wage subsidy shall be 25 date of the grant, each State that receives a er’s last total separation; or percent of the difference between the amount of grant under subparagraph (B) shall submit to ‘‘(ii) the date that is the 182d day after the the wages received by the worker from reemploy- the Committee on Finance of the Senate and the date on which the worker concluded training, ment and the amount of the wages received by Committee on Ways and Means of the House of unless the worker received a waiver under sec- the worker at the time of separation. Representatives the report described in subpara- tion 235(c). ‘‘(3) ELIGIBILITY.—An adversely affected graph (A). ‘‘(b) AMOUNT OF ALLOWANCE.—The relocation worker may be eligible to receive a wage subsidy ‘‘(D) DISTRIBUTION OF STATE REPORTS.—A re- allowance granted to a worker under subsection under this subsection if the worker— port prepared by a State under this paragraph (a) includes— ‘‘(A) enrolls in the Wage Insurance Program; shall be distributed to all the one-stop partners ‘‘(1) 90 percent of the reasonable and nec- ‘‘(B) obtains reemployment not more than 26 in the State. essary expenses (including, but not limited to, weeks after the date of separation from the ad- ‘‘Subchapter D—Payment and Enforcement subsistence and transportation expenses at lev- versely affected employment; els not exceeding those allowable under section ‘‘(C) is at least 50 years of age; Provisions 240(e)) specified in regulations prescribed by the ‘‘(D) earns not more than $50,000 a year in ‘‘SEC. 244. PAYMENTS TO STATES. Secretary, incurred in transporting the worker, wages from reemployment; ‘‘(a) IN GENERAL.—The Secretary, from time to the worker’s family, and household effects; and ‘‘(E) is employed on a full-time basis as de- time, shall certify to the Secretary of the Treas- ‘‘(2) a lump sum equivalent to 3 times the fined by State law in the State in which the ury for payment to each cooperating State, the worker’s average weekly wage, up to a max- worker is employed; and sums necessary to enable that State as agent of imum payment of $1,250. ‘‘(F) does not return to the employment from the United States to make payments provided ‘‘(c) LIMITATIONS.—A relocation allowance which the worker was separated. for by this chapter. may not be granted to a worker unless— ‘‘(4) AMOUNT OF PAYMENTS.—The payments ‘‘(b) LIMITATION ON USE OF FUNDS.— ‘‘(1) the relocation occurs within 182 days made under paragraph (1) to an adversely af- ‘‘(1) IN GENERAL.—All money paid to a cooper- after the filing of the application for relocation fected worker may not exceed $5,000 a year for ating State under this section shall be used sole- assistance; or each year of the 2-year period. ly for the purposes for which it is paid.

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‘‘(2) RETURN OF FUNDS NOT SO USED.—Money and as a result of the false statement or rep- (d) OUTREACH.—The Program should include paid that is not used for the purpose for which resentation, the person received any payment outreach to adversely affected workers and it is paid under subsection (a) shall be returned under this chapter to which the person was not counseling and lending partners of the Small to the Secretary of the Treasury at the time entitled. Business Administration. specified in the agreement entered into under ‘‘(2) FAILURE TO DISCLOSE.—The person know- (e) REPORTS TO CONGRESS.—Beginning not section 222. ingly failed, or caused another to fail, to dis- later than 180 days after the date of enactment ‘‘(c) SURETY BOND.—Any agreement under close a material fact, and as a result of the non- of this Act, the Administrator shall submit quar- section 222 may require any officer or employee disclosure, the person received any payment terly reports to the Committee on Finance and of the cooperating State certifying payments or under this chapter to which the person was not the Committee on Small Business and Entrepre- disbursing funds under the agreement or other- entitled. neurship of the Senate and the Committee on wise participating in the performance of the ‘‘(c) HEARING.—Except for overpayments de- Ways and Means and the Committee on Small agreement, to give a surety bond to the United termined by a court of competent jurisdiction, Business of the House of Representatives re- States in an amount the Secretary deems nec- no repayment may be required, and no deduc- garding the implementation of the Program, in- essary, and may provide for the payment of the tion may be made, under this section until a de- cluding Program delivery, staffing, and admin- cost of that bond from funds for carrying out termination under subsection (a) by the cooper- istrative expenses related to such implementa- the purposes of this chapter. ating State or the Secretary, as the case may be, tion. ‘‘SEC. 245. LIABILITIES OF CERTIFYING AND DIS- has been made, notice of the determination and (f) GUIDELINES.—Not later than 180 days after BURSING OFFICERS. an opportunity for a fair hearing has been given the date of enactment of this Act, the Adminis- ‘‘(a) LIABILITY OF CERTIFYING OFFICIALS.—No to the person concerned, and the determination trator shall issue such guidelines as the Admin- person designated by the Secretary, or des- has become final. istrator determines to be necessary to carry out ignated pursuant to an agreement entered into ‘‘(d) RECOVERED FUNDS.—Any amount recov- the Program. under section 222, as a certifying officer, in the ered under this section shall be returned to the (g) EFFECTIVE DATE.—The Program shall ter- absence of gross negligence or intent to defraud Treasury of the United States. minate 3 years after the date of final publica- the United States, shall be liable with respect to ‘‘SEC. 247. CRIMINAL PENALTIES. tion of guidelines under subsection (f). ‘‘Whoever makes a false statement of a mate- any payment certified by that person under this TITLE II—TRADE ADJUSTMENT rial fact knowing it to be false, or knowingly chapter. ASSISTANCE FOR FIRMS fails to disclose a material fact, for the purpose ‘‘(b) LIABILITY OF DISBURSING OFFICERS.—No SEC. 201. REAUTHORIZATION OF PROGRAM. disbursing officer, in the absence of gross neg- of obtaining or increasing for that person or for (a) IN GENERAL.—Section 256(b) of chapter 3 ligence or intent to defraud the United States, any other person any payment authorized to be furnished under this chapter or pursuant to an of title II of the Trade Act of 1974 (19 U.S.C. shall be liable with respect to any payment by 2346(b)) is amended to read as follows: that officer under this chapter if the payment agreement under section 222 shall be fined not more than $10,000, imprisoned for not more than ‘‘(b) There are authorized to be appropriated was based on a voucher signed by a certifying to the Secretary $16,000,000 for each of fiscal officer designated according to subsection (a). 1 year, or both. ‘‘SEC. 248. AUTHORIZATION OF APPROPRIATIONS. years 2002 through 2007, to carry out the Sec- ‘‘SEC. 246. FRAUD AND RECOVERY OF OVERPAY- retary’s functions under this chapter in connec- MENTS. ‘‘There are authorized to be appropriated to the Department of Labor, for the period begin- tion with furnishing adjustment assistance to ‘‘(a) IN GENERAL.— ning October 1, 2001, and ending September 30, firms. Amounts appropriated under this sub- ‘‘(1) OVERPAYMENT.—If a cooperating State, 2007, such sums as may be necessary to carry section shall remain available until expended.’’. the Secretary, or a court of competent jurisdic- out the purposes of this chapter, including such (b) ELIGIBILITY CRITERIA.—Section 251(c) of tion determines that any person has received additional sums for administrative expenses as chapter 3 of title II of the Trade Act of 1974 (19 any payment under this chapter to which the may be necessary for the department to meet the U.S.C. 2341(c)) is amended— person was not entitled, including a payment increased workload created by the Trade Ad- (1) by amending paragraph (1) to read as fol- referred to in subsection (b), that person shall be justment Assistance Reform Act of 2002, pro- lows: liable to repay that amount to the cooperating vided that funding provided for training services ‘‘(1) The Secretary shall certify a firm (includ- State or the Secretary, as the case may be. shall not be used for expenses of administering ing any agricultural firm) as eligible to apply ‘‘(2) EXCEPTION.—The cooperating State or the trade adjustment assistance for workers pro- for adjustment assistance under this chapter if the Secretary may waive repayment if the co- gram. Amounts appropriated under this section the Secretary determines that a significant num- operating State or the Secretary determines, in shall remain available until expended. ber or proportion of the workers in such firm accordance with guidelines prescribed by the have become totally or partially separated, or Secretary, that all of the following apply: ‘‘SEC. 249. REGULATIONS. ‘‘The Secretary shall prescribe such regula- are threatened to become totally or partially ‘‘(A) NO FAULT.—The payment was made separated, and that either— without fault on the part of the person. tions as may be necessary to carry out the provi- sions of this chapter. ‘‘(A)(i)(I) sales or production, or both, of the ‘‘(B) REPAYMENT CONTRARY TO EQUITY.—Re- firm have decreased absolutely, or ‘‘SEC. 250. SUBPOENA POWER. quiring repayment would be contrary to equity ‘‘(II) sales or production, or both, of an article and good conscience. ‘‘(a) IN GENERAL.—The Secretary may require by subpoena the attendance of witnesses and that accounted for not less than 25 percent of ‘‘(3) PROCEDURE FOR RECOVERY.— the total production or sales of the firm during ‘‘(A) RECOVERY FROM OTHER ALLOWANCES AU- the production of evidence necessary to make a determination under the provisions of this chap- the 12-month period for which data are avail- THORIZED.—Unless an overpayment is otherwise able have decreased absolutely; and recovered or waived under paragraph (2), the ter. ‘‘(b) COURT ORDER.—If a person refuses to ‘‘(ii) increases in the value or volume of im- cooperating State or the Secretary shall recover obey a subpoena issued under subsection (a), a ports of articles like or directly competitive with the overpayment by deductions from any sums competent United States district court, upon pe- articles which are produced by such firm con- payable to that person under this chapter, tition by the Secretary, may issue an order re- tributed importantly to such total or partial sep- under any Federal unemployment compensation quiring compliance with such subpoena.’’. aration, or threat thereof, and to such decline law administered by the cooperating State or the in sales or production; or Secretary, or under any other Federal law ad- SEC. 112. DISPLACED WORKER SELF-EMPLOY- MENT TRAINING PILOT PROGRAM. ‘‘(B) a shift in production by the workers’ ministered by the cooperating State or the Sec- (a) ESTABLISHMENT.—Not later than 6 months firm or subdivision to a foreign country of arti- retary that provides for the payment of assist- after the date of enactment of this Act, the Ad- cles like or directly competitive with articles ance or an allowance with respect to unemploy- ministrator of the Small Business Administra- which are produced by that firm or subdivision ment. tion (in this section referred to as the ‘‘Adminis- contributed importantly to the workers’ separa- ‘‘(B) RECOVERY FROM STATE ALLOWANCES AU- trator’’) shall establish a self-employment train- tion or threat of separation.’’; and THORIZED.—Notwithstanding any other provi- ing program (in this section referred to as the (2) in paragraph (2), by striking ‘‘paragraph sion of Federal or State law, the Secretary may ‘‘Program’’) for adversely affected workers (as (1)(C)’’ and inserting ‘‘paragraph (1)’’. require a cooperating State to recover any over- defined in chapter 2 of title II of the Trade Act TITLE III—TRADE ADJUSTMENT payment under this chapter by deduction from of 1974), to be administered by the Small Busi- ASSISTANCE FOR COMMUNITIES any unemployment insurance payable to that ness Administration. SEC. 301. PURPOSE. person under State law, except that no single (b) ELIGIBILITY FOR ASSISTANCE.—If an ad- The purpose of this title is to assist commu- deduction under this paragraph shall exceed 50 versely affected worker seeks or receives assist- nities with economic adjustment through the in- percent of the amount otherwise payable. ance through the Program, such action shall tegration of political and economic organiza- ‘‘(b) INELIGIBILITY FOR FURTHER PAYMENTS.— not affect the eligibility of that worker to receive tions, the coordination of Federal, State, and Any person, in addition to any other penalty benefits under chapter 2 of title II of the Trade local resources, the creation of community-based provided by law, shall be ineligible for any fur- Act of 1974. development strategies, and the provision of eco- ther payments under this chapter if a cooper- (c) TRAINING ASSISTANCE.—The Program shall ating State, the Secretary, or a court of com- include, at a minimum, training in— nomic transition assistance. petent jurisdiction determines that one of the (1) pre-business startup planning; SEC. 302. TRADE ADJUSTMENT ASSISTANCE FOR following applies: (2) awareness of basic credit practices and COMMUNITIES. ‘‘(1) FALSE STATEMENT.—The person know- credit requirements; and Chapter 4 of title II of the Trade Act of 1974 ingly made, or caused another to make, a false (3) developing business plans, financial pack- (19 U.S.C. 2371 et seq.) is amended to read as fol- statement or representation of a material fact, ages, and credit applications. lows:

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‘‘CHAPTER 4—COMMUNITY ECONOMIC ‘‘(D) by identifying and strengthening exist- ‘‘(1) NUMBER OF JOB LOSSES.—The Director ADJUSTMENT ing agency mechanisms designed to assist com- finds that— ‘‘SEC. 271. DEFINITIONS. munities in economic adjustment and workforce ‘‘(A) in an urban community, at least 500 ‘‘In this chapter: reemployment; workers have been certified for assistance under ‘‘(1) CIVILIAN LABOR FORCE.—The term ‘civil- ‘‘(E) by applying consistent policies, practices, section 231 in the most recent 36-month period ian labor force’ has the meaning given that term and procedures in the administration of Federal preceding the date of certification under this in regulations prescribed by the Secretary of programs that are used to assist communities section for which data are available; or ‘‘(B) in a rural community, at least 300 work- Labor. adversely impacted by an increase in imports or ers have been certified for assistance under sec- ‘‘(2) COMMUNITY.—The term ‘community’ a shift in production; means a county or equivalent political subdivi- ‘‘(F) by creating, maintaining, and using a tion 231 in the most recent 36-month period pre- sion of a State. uniform economic database to analyze commu- ceding the date of certification under this sec- ‘‘(A) RURAL COMMUNITY.—The term ‘rural nity adjustment activities; and tion for which data are available. ERCENT OF WORKFORCE UNEMPLOYED.— community’ means a community that has a ‘‘(G) by assigning a community economic ad- ‘‘(2) P The Director finds that the unemployment rate rural-urban continuum code of 4 through 9. justment advisor to work with each eligible com- ‘‘(B) URBAN COMMUNITY.—The term ‘urban munity; for the community is at least 1 percent greater community’ means a community that has a ‘‘(4) provide comprehensive technical assist- than the national unemployment rate for the rural-urban continuum code of 0 through 3. ance to any eligible community in the efforts of most recent 12-month period for which data are ‘‘(3) COMMUNITY ECONOMIC DEVELOPMENT CO- that community to— available. ‘‘(A) identify serious economic problems in the ‘‘(c) NOTIFICATION TO ELIGIBLE COMMU- ORDINATING COMMITTEE.—The term ‘Community Economic Development Coordinating Committee’ community that result from an increase in im- NITIES.—Not later than 15 days after the Direc- means a community group established under ports or shift in production; tor certifies a community as eligible under sub- ‘‘(B) integrate the major groups and organiza- section 274 that consists of major groups signifi- section (b), the Director shall notify the tions significantly affected by the economic ad- cantly affected by an increase in imports or a community— justment; ‘‘(1) of its determination under subsection (b); shift in production, including local, regional, ‘‘(C) organize a Community Economic Devel- ‘‘(2) of the provisions of this chapter; tribal, and State governments, regional councils opment Coordinating Committee; ‘‘(3) how to access the clearinghouse estab- of governments and economic development, and ‘‘(D) access Federal, State, and local resources lished under section 272(c)(2); and business, labor, education, health, religious, designed to assist in economic development and ‘‘(4) how to obtain technical assistance pro- and other community-based organizations. trade adjustment assistance; vided under section 272(c)(4). ‘‘(4) DIRECTOR.—The term ‘Director’ means ‘‘(E) diversify and strengthen the community ‘‘SEC. 274. COMMUNITY ECONOMIC DEVELOP- the Director of the Office of Community Trade economy; and MENT COORDINATING COMMITTEE. Adjustment. ‘‘(F) develop a community-based strategic ‘‘(a) ESTABLISHMENT.—In order to apply for ‘‘(5) ELIGIBLE COMMUNITY.—The term ‘eligible plan to address workforce dislocation and eco- and receive benefits under this chapter, an eligi- community’ means a community certified under nomic development; ble community shall establish a Community Eco- section 273 as eligible for assistance under this ‘‘(5) establish specific criteria for submission nomic Development Coordinating Committee cer- chapter. and evaluation of a strategic plan submitted tified by the Director as meeting the require- ‘‘(6) JOB LOSS.—The term ‘job loss’ means the under section 276(d); ments of subsection (b)(1). total or partial separation of an individual, as ‘‘(6) administer the grant programs established ‘‘(b) COMPOSITION OF THE COMMITTEE.— those terms are defined in section 221. under sections 276 and 277; and ‘‘(1) LOCAL PARTICIPATION.—The Community ‘‘(7) OFFICE.—The term ‘Office’ means the Of- ‘‘(7) establish an interagency Trade Adjust- Economic Development Coordinating Committee fice of Community Trade Adjustment established ment Assistance Working Group, consisting of established by an eligible community under sub- under section 272. the representatives of any Federal department section (a) shall include representatives of those ‘‘(8) RURAL-URBAN CONTINUUM CODE.—The or agency with responsibility for economic ad- groups significantly affected by economic dis- term ‘rural-urban continuum code’ means a code justment assistance, including the Department location, such as local, regional, tribal, and assigned to a community according to the rural- of Agriculture, the Department of Defense, the State governments, regional councils of govern- urban continuum code system, as defined by the Department of Education, the Department of ments and economic development, business, Economic Research Service of the Department of Labor, the Department of Housing and Urban labor, education, health organizations, reli- Agriculture. Development, the Department of Health and gious, and other community-based groups pro- ‘‘(9) SECRETARY.—The term ‘Secretary’ means Human Services, the Small Business Administra- viding assistance to workers, their families, and the Secretary of Commerce. tion, the Department of the Treasury, the De- communities. ‘‘SEC. 272. OFFICE OF COMMUNITY TRADE AD- partment of Commerce, the Office of the United ‘‘(2) FEDERAL PARTICIPATION.—Pursuant to JUSTMENT. States Trade Representative, and the National section 275(b)(3), the community economic ad- ‘‘(a) ESTABLISHMENT.—Within 6 months of the Economic Council. justment advisor, assigned by the Director to as- date of enactment of the Trade Adjustment As- ‘‘(d) WORKING GROUP.—The working group sist an eligible community, shall serve as an ex sistance Reform Act of 2002, there shall be estab- established under subsection (c)(7) shall exam- officio member of the Community Economic De- lished in the Office of Economic Adjustment of ine other options for addressing trade impacts velopment Coordinating Committee, and shall the Economic Development Administration of on communities, such as: arrange for participation by representatives of the Department of Commerce an Office of Com- ‘‘(1) Seeking legislative language directing the other Federal agencies on that Committee as munity Trade Adjustment. Foreign Trade Zone (‘FTZ’) Board to expedite necessary. ‘‘(b) PERSONNEL.—The Office shall be headed consideration of FTZ applications from commu- ‘‘(3) EXISTING ORGANIZATION.—An eligible by a Director, and shall have such staff as may nities or businesses that have been found eligi- community may designate an existing organiza- be necessary to carry out the responsibilities de- ble for trade adjustment assistance. tion in that community as the Community Eco- scribed in this chapter. ‘‘(2) Seeking legislative language to make new nomic Development Coordinating Committee if ‘‘(c) COORDINATION OF FEDERAL RESPONSE.— markets tax credits available in communities im- that organization meets the requirements of The Office shall— pacted by trade. paragraph (1) for the purposes of this chapter. ‘‘(1) provide leadership, support, and coordi- ‘‘(3) Seeking legislative language to make ‘‘(c) DUTIES.—The Community Economic De- nation for a comprehensive management pro- work opportunity tax credits available for hiring velopment Coordinating Committee shall— gram to address economic dislocation in eligible unemployed workers who are certified eligible ‘‘(1) ascertain the severity of the community communities; for trade adjustment assistance. economic adjustment required as a result of the ‘‘(2) establish an easily accessible, one-stop ‘‘(4) Examining ways to assist trade impacted increase in imports or shift in production; clearinghouse for States and eligible commu- rural communities and industries take advan- ‘‘(2) assess the capacity of the community to nities to obtain information regarding economic tage of the Department of Agriculture’s rural respond to the required economic adjustment development assistance available under Federal development program. and the needs of the community as it undertakes law; ‘‘SEC. 273. NOTIFICATION AND CERTIFICATION AS economic adjustment, taking into consideration ‘‘(3) coordinate the Federal response to an eli- AN ELIGIBLE COMMUNITY. such factors as the number of jobs lost, the size gible community— ‘‘(a) NOTIFICATION.—The Secretary of Labor, of the community, the diversity of industries, ‘‘(A) by identifying all Federal, State, and not later than 15 days after making a deter- the skills of the labor force, the condition of the local resources that are available to assist the mination that a group of workers is eligible for current labor market, the availability of finan- eligible community in recovering from economic trade adjustment assistance under section 231, cial resources, the quality and availability of distress; shall notify the Governor of the State in which educational facilities, the adequacy and avail- ‘‘(B) by ensuring that all Federal agencies of- the community in which the worker’s firm is lo- ability of public services, and the existence of a fering assistance to an eligible community do so cated and the Director, of the Secretary’s deter- basic and advanced infrastructure in the com- in a targeted, integrated manner that ensures mination. munity; that an eligible community has access to all ‘‘(b) CERTIFICATION.—Not later than 30 days ‘‘(3) facilitate a dialogue between concerned available Federal assistance; after notification by the Secretary of Labor de- interests in the community, represent the im- ‘‘(C) by assuring timely consultation and co- scribed in subsection (a), the Director shall cer- pacted community, and ensure all interests in operation between Federal, State, and regional tify as eligible for assistance under this chapter the community work collaboratively toward col- officials concerning community economic adjust- a community in which both of the following lective goals without duplication of effort or re- ment; conditions applies: sources;

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‘‘(4) oversee the development of a strategic tablishing or maintaining a level of public serv- ‘‘(b) REGULATIONS.—The Secretary shall pre- plan for community economic development, tak- ices necessary to attract and retain economic in- scribe such regulations as are necessary to carry ing into consideration the factors mentioned vestment. out the provisions of this chapter. under paragraph (2), and consistent with the ‘‘(6) A description and justification for the ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds ap- criteria established by the Secretary for the stra- cost and timing of proposed basic and advanced propriated under this chapter shall be used to tegic plan developed under section 276; infrastructure improvements in the eligible com- supplement and not supplant other Federal, ‘‘(5) create an executive council of members of munity. State, and local public funds expended to pro- the Community Economic Development Coordi- ‘‘(7) A description of the occupational and vide economic development assistance for com- nating Committee to promote the strategic plan workforce conditions in the eligible community, munities.’’. including but not limited to existing levels of within the community and ensure coordination TITLE IV—TRADE ADJUSTMENT workforce skills and competencies, and edu- and cooperation among all stakeholders; and ASSISTANCE FOR FARMERS ‘‘(6) apply for any grant, loan, or loan guar- cational programs available for workforce train- antee available under Federal law to develop or ing and future employment needs. SEC. 401. TRADE ADJUSTMENT ASSISTANCE FOR implement the strategic plan, and be an eligible ‘‘(8) A description of how the plan will adapt FARMERS. recipient for funding for economic adjustment to changing markets, business cycles, and other (a) IN GENERAL.—Title II of the Trade Act of for that community. variables. 1974 (19 U.S.C. 2251 et seq.) is amended by add- ing at the end the following new chapter: ‘‘SEC. 275. COMMUNITY ECONOMIC ADJUSTMENT ‘‘(9) A graduation strategy through which the ADVISORS. eligible community demonstrates that the com- ‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE ‘‘(a) IN GENERAL.—Pursuant to section munity will terminate the need for Federal as- FOR FARMERS sistance. 272(c)(3)(G), the Director shall assign a commu- ‘‘SEC. 291. DEFINITIONS. nity economic adjustment advisor to each eligi- ‘‘(c) GRANTS TO DEVELOP STRATEGIC PLANS.— ‘‘(1) IN GENERAL.—The Director, upon receipt ‘‘In this chapter: ble community. of an application from a Community Economic ‘‘(1) AGRICULTURAL COMMODITY.—The term ‘‘(b) DUTIES.—The community economic ad- Development Coordinating Committee on behalf ‘agricultural commodity’ means any agricul- justment advisor shall— tural commodity (including livestock), except ‘‘(1) provide technical assistance to the eligi- of an eligible community, shall award a grant to fish as defined in section 299(1) of this Act, in its ble community, assist in the development and that community to be used to develop the stra- raw or natural state. implementation of a strategic plan, including tegic plan. ‘‘(2) AMOUNT.—The amount of a grant made ‘‘(2) AGRICULTURAL COMMODITY PRODUCER.— applying for any grant available under this or under paragraph (1) shall be determined by the The term ‘agricultural commodity producer’ has any other Federal law to develop or implement Secretary, but may not exceed $50,000 to each the same meaning as the term ‘person’ as pre- that plan; community. scribed by regulations promulgated under sec- ‘‘(2) at the local and regional level, coordinate ‘‘(3) LIMIT.—Each community can only receive tion 1001(5) of the Food Security Act of 1985 (7 the response of all Federal agencies offering as- 1 grant under this subsection for the purpose of U.S.C. 1308(5)). The term does not include any sistance to the eligible community; developing a strategic plan in any 5-year period. person described in section 299(2) of this Act. ‘‘(3) serve as an ex officio member of the Com- ‘‘(d) SUBMISSION OF PLAN.—A strategic plan ‘‘(3) CONTRIBUTED IMPORTANTLY.— munity Economic Development Coordinating developed under subsection (a) shall be sub- Committee established by an eligible community ‘‘(A) IN GENERAL.—The term ‘contributed im- mitted to the Director for evaluation and ap- portantly’ means a cause which is important but under section 274; proval. ‘‘(4) act as liaison between the Community not necessarily more important than any other Economic Development Coordinating Committee ‘‘SEC. 277. GRANTS FOR ECONOMIC DEVELOP- cause. MENT. established by the eligible community and all ‘‘(B) DETERMINATION OF CONTRIBUTED IMPOR- ‘‘The Director, upon receipt of an application TANTLY.—The determination of whether imports other Federal agencies that offer assistance to from the Community Economic Development Co- eligible communities, including the Department of articles like or directly competitive with an ordinating Committee on behalf of an eligible agricultural commodity with respect to which a of Agriculture, the Department of Defense, the community, may award a grant to that commu- Department of Education, the Department of petition under this chapter was filed contributed nity to carry out any project or program in- importantly to a decline in the price of the agri- Labor, the Department of Housing and Urban cluded in the strategic plan approved under sec- Development, the Department of Health and cultural commodity shall be made by the Sec- tion 276(d) that— retary. Human Services, the Small Business Administra- ‘‘(1) will be located in, or will create or pre- tion, the Department of the Treasury, the Na- ‘‘(4) DULY AUTHORIZED REPRESENTATIVE.—The serve high-wage jobs, in that eligible commu- term ‘duly authorized representative’ means an tional Economic Council, and other offices or nity; and agencies of the Department of Commerce; association of agricultural commodity pro- ‘‘(2) implements the strategy of that eligible ducers. ‘‘(5) report regularly to the Director regarding community to create high-wage jobs in sectors ‘‘(5) NATIONAL AVERAGE PRICE.—The term ‘na- the progress of development activities in the that are expected to expand, including projects tional average price’ means the national aver- community to which the community economic that— age price paid to an agricultural commodity pro- adjustment advisor is assigned; and ‘‘(A) encourage industries to locate in that eli- ducer for an agricultural commodity in a mar- ‘‘(6) perform other duties as directed by the gible community, if such funds are not used to keting year as determined by the Secretary. Secretary or the Director. encourage the relocation of any employer in a ‘‘(6) SECRETARY.—The term ‘Secretary’ means ‘‘SEC. 276. STRATEGIC PLANS. manner that causes the dislocation of employees the Secretary of Agriculture. ‘‘(a) IN GENERAL.—With the assistance of the of that employer at another facility in the community economic adjustment advisor, an eli- United States; ‘‘SEC. 292. PETITIONS; GROUP ELIGIBILITY. gible community may develop a strategic plan ‘‘(B) leverage resources to create or improve ‘‘(a) IN GENERAL.—A petition for a certifi- for community economic adjustment and diver- Internet or telecommunications capabilities to cation of eligibility to apply for adjustment as- sification. make the community more attractive for busi- sistance under this chapter may be filed with ‘‘(b) REQUIREMENTS FOR STRATEGIC PLAN.—A ness; the Secretary by a group of agricultural com- strategic plan shall contain, at a minimum, the ‘‘(C) establish a funding pool for job creation modity producers or by their duly authorized following: through entrepreneurial activities; representative. Upon receipt of the petition, the ‘‘(1) A description and justification of the ca- ‘‘(D) assist existing firms in that community to Secretary shall promptly publish notice in the pacity for economic adjustment, including the restructure or retool to become more competitive Federal Register that the Secretary has received method of financing to be used, the anticipated in world markets and prevent job loss; or the petition and initiated an investigation. management structure of the Community Eco- ‘‘(E) assist the community in acquiring the re- ‘‘(b) HEARINGS.—If the petitioner, or any nomic Development Coordinating Committee, sources and providing the level of public services other person found by the Secretary to have a and the commitment of the community to the necessary to meet the objectives set out in the substantial interest in the proceedings, submits strategic plan over the long term. strategic plan. not later than 10 days after the date of the Sec- ‘‘(2) A description of, and a plan to accom- ‘‘SEC. 278. AUTHORIZATION OF APPROPRIATIONS. retary’s publication under subsection (a) a re- plish, the projects to be undertaken by the eligi- ‘‘There are authorized to be appropriated to quest for a hearing, the Secretary shall provide ble community. the Department of Commerce, for the period be- for a public hearing and afford such interested ‘‘(3) A description of how the plan and the ginning October 1, 2001, and ending September person an opportunity to be present, to produce projects to be undertaken by the eligible commu- 30, 2007, such sums as may be necessary to carry evidence, and to be heard. nity will lead to job creation and job retention out the purposes of this chapter. ‘‘(c) GROUP ELIGIBILITY REQUIREMENTS.—The in the community. ‘‘SEC. 279. GENERAL PROVISIONS. Secretary shall certify a group of agricultural ‘‘(4) A description of any alternative develop- ‘‘(a) REPORT BY THE DIRECTOR.—Not later commodity producers as eligible to apply for ad- ment plans that were considered, particularly than 6 months after the date of enactment of the justment assistance under this chapter if the less costly alternatives, and why those plans Trade Adjustment Assistance Reform Act of Secretary determines— were rejected in favor of the proposed plan. 2002, and annually thereafter, the Director shall ‘‘(1) that the national average price for the ‘‘(5) A description of any additional steps the submit to the Committee on Finance of the Sen- agricultural commodity, or a class of goods eligible community will take to achieve economic ate and the Committee on Ways and Means of within the agricultural commodity, produced by adjustment and diversification, including how the House of Representatives a report regarding the group for the most recent marketing year for the plan and the projects will contribute to es- the programs established under this title. which the national average price is available is

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.033 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3975 less than 80 percent of the average of the na- tive agricultural commodity who have been or of the adversely affected agricultural commodity tional average price for such agricultural com- are likely to be certified as eligible for adjust- by the producer, including yield and marketing modity, or such class of goods, for the 5 mar- ment assistance under this chapter, and improvements. keting years preceding the most recent mar- ‘‘(2) the extent to which the adjustment of ‘‘(2) LIMITATION.— keting year; and such producers to the import competition may be ‘‘(A) IN GENERAL.—Notwithstanding any other ‘‘(2) that increases in imports of articles like facilitated through the use of existing programs. provision of this chapter, an agricultural com- or directly competitive with the agricultural ‘‘(b) REPORT.—Not later than 15 days after modity producer shall not be eligible for assist- commodity, or class of goods within the agricul- the day on which the Commission makes its re- ance under this chapter in any year in which tural commodity, produced by the group contrib- port under section 202(f), the Secretary shall the average adjusted gross income of the pro- uted importantly to the decline in price de- submit a report to the President setting forth the ducer exceeds $2,500,000. scribed in paragraph (1). findings of the study described in subsection (a). ‘‘(B) CERTIFICATION.—To comply with the lim- ‘‘(d) SPECIAL RULE FOR QUALIFIED SUBSE- Upon making the report to the President, the itation under subparagraph (A), an individual QUENT YEARS.—A group of agricultural com- Secretary shall also promptly make the report or entity shall provide to the Secretary— modity producers certified as eligible under sec- public (with the exception of information which ‘‘(i) a certification by a certified public ac- tion 293 shall be eligible to apply for assistance the Secretary determines to be confidential) and countant or another third party that is accept- under this chapter in any qualified year after shall have a summary of the report published in able to the Secretary that the average adjusted the year the group is first certified, if the Sec- the Federal Register. gross income of the producer does not exceed $2,500,000; or retary determines that— ‘‘SEC. 295. BENEFIT INFORMATION TO AGRICUL- ‘‘(ii) information and documentation regard- ‘‘(1) the national average price for the agri- TURAL COMMODITY PRODUCERS. ing the adjusted gross income of the producer cultural commodity, or class of goods within the ‘‘(a) IN GENERAL.—The Secretary shall pro- through other procedures established by the Sec- agricultural commodity, produced by the group vide full information to producers about the retary. for the most recent marketing year for which the benefit allowances, training, and other employ- ‘‘(C) DEFINITIONS.—In this subsection: national average price is available is equal to or ment services available under this title and ‘‘(i) ADJUSTED GROSS INCOME.—The term ‘ad- less than the price determined under subsection about the petition and application procedures, justed gross income’ means adjusted gross in- (c)(1); and and the appropriate filing dates, for such allow- come of an agricultural commodity producer— ‘‘(2) the requirements of subsection (c)(2) are ances, training, and services. The Secretary ‘‘(I) as defined in section 62 of the Internal met. shall provide whatever assistance is necessary to Revenue Code of 1986 and implemented in ac- ‘‘(e) DETERMINATION OF QUALIFIED YEAR AND enable groups to prepare petitions or applica- cordance with procedures established by the COMMODITY.—In this chapter: tions for program benefits under this title. Secretary; and ‘‘(1) QUALIFIED YEAR.—The term ‘qualified ‘‘(b) NOTICE OF BENEFITS.— ‘‘(II) that is earned directly or indirectly from year’, with respect to a group of agricultural ‘‘(1) IN GENERAL.—The Secretary shall mail all agricultural and nonagricultural sources of commodity producers certified as eligible under written notice of the benefits available under an individual or entity for a fiscal or cor- section 293, means each consecutive year after this chapter to each agricultural commodity pro- responding crop year. the year in which the group is certified that the ducer that the Secretary has reason to believe is ‘‘(ii) AVERAGE ADJUSTED GROSS INCOME.— Secretary makes the determination under sub- covered by a certification made under this chap- ‘‘(I) IN GENERAL.—The term ‘average adjusted section (c) or (d), as the case may be. ter. gross income’ means the average adjusted gross ‘‘(2) CLASSES OF GOODS WITHIN A COM- ‘‘(2) OTHER NOTICE.—The Secretary shall pub- income of a producer for each of the 3 preceding MODITY.—In any case in which there are sepa- lish notice of the benefits available under this taxable years. rate classes of goods within an agricultural com- chapter to agricultural commodity producers ‘‘(II) EFFECTIVE ADJUSTED GROSS INCOME.—In modity, the Secretary shall treat each class as a that are covered by each certification made the case of a producer that does not have an ad- separate commodity in determining group eligi- under this chapter in newspapers of general cir- justed gross income for each of the 3 preceding bility, the national average price, and level of culation in the areas in which such producers taxable years, the Secretary shall establish rules imports under this section and section 296. reside. that provide the producer with an effective ad- ‘‘SEC. 293. DETERMINATIONS BY SECRETARY OF ‘‘(3) OTHER FEDERAL ASSISTANCE.—The Sec- justed gross income for the applicable year. AGRICULTURE. retary shall also provide information concerning ‘‘(b) AMOUNT OF CASH BENEFITS.— ‘‘(1) IN GENERAL.—Subject to the provisions of ‘‘(a) IN GENERAL.—As soon as practicable procedures for applying for and receiving all section 298, an adversely affected agricultural after the date on which a petition is filed under other Federal assistance and services available commodity producer described in subsection (a) section 292, but in any event not later than 40 to workers facing economic distress. days after that date, the Secretary shall deter- shall be entitled to adjustment assistance under ‘‘SEC. 296. QUALIFYING REQUIREMENTS FOR AG- this chapter in an amount equal to the product mine whether the petitioning group meets the RICULTURAL COMMODITY PRO- requirements of section 292 (c) or (d), as the case DUCERS. of— ‘‘(A) one-half of the difference between— may be, and shall, if the group meets the re- ‘‘(a) IN GENERAL.— ‘‘(i) an amount equal to 80 percent of the av- ‘‘(1) REQUIREMENTS.—Payment of a trade ad- quirements, issue a certification of eligibility to erage of the national average price of the agri- justment allowance shall be made to an ad- apply for assistance under this chapter covering cultural commodity covered by the application versely affected agricultural commodity pro- agricultural commodity producers in any group described in subsection (a) for the 5 marketing ducer covered by a certification under this that meets the requirements. Each certification years preceding the most recent marketing year, chapter who files an application for such allow- shall specify the date on which eligibility under and this chapter begins. ance within 90 days after the date on which the ‘‘(ii) the national average price of the agricul- ‘‘(b) NOTICE.—Upon making a determination Secretary makes a determination and issues a tural commodity for the most recent marketing on a petition, the Secretary shall promptly pub- certification of eligibility under section 293, if year, and lish a summary of the determination in the Fed- the following conditions are met: ‘‘(B) the amount of the agricultural com- eral Register, together with the Secretary’s rea- ‘‘(A) The producer submits to the Secretary modity produced by the agricultural commodity sons for making the determination. sufficient information to establish the amount of producer in the most recent marketing year. ‘‘(c) TERMINATION OF CERTIFICATION.—When- agricultural commodity covered by the applica- ‘‘(2) SPECIAL RULE FOR SUBSEQUENT QUALIFIED ever the Secretary determines, with respect to tion filed under subsection (a) that was pro- YEARS.—The amount of cash benefits for a any certification of eligibility under this chap- duced by the producer in the most recent year. qualified year shall be determined in the same ter, that the decline in price for the agricultural ‘‘(B) The producer certifies that the producer manner as cash benefits are determined under commodity covered by the certification is no has not received cash benefits under any provi- paragraph (1) except that the average national longer attributable to the conditions described in sion of this title other than this chapter. price of the agricultural commodity shall be de- section 292, the Secretary shall terminate such ‘‘(C) The producer’s net farm income (as de- termined under paragraph (1)(A)(i) by using the certification and promptly cause notice of such termined by the Secretary) for the most recent 5-marketing-year period used to determine the termination to be published in the Federal Reg- year is less than the producer’s net farm income amount of cash benefits for the first certifi- ister, together with the Secretary’s reasons for for the latest year in which no adjustment as- cation. making such determination. sistance was received by the producer under this ‘‘(c) MAXIMUM AMOUNT OF CASH ASSIST- ‘‘SEC. 294. STUDY BY SECRETARY OF AGRI- chapter. ANCE.—The maximum amount of cash benefits CULTURE WHEN INTERNATIONAL ‘‘(D) The producer certifies that the producer an agricultural commodity producer may receive TRADE COMMISSION BEGINS INVES- has met with an Extension Service employee or in any 12-month period shall not exceed $10,000. TIGATION. agent to obtain, at no cost to the producer, in- ‘‘(d) LIMITATIONS ON OTHER ASSISTANCE.—An ‘‘(a) IN GENERAL.—Whenever the Inter- formation and technical assistance that will as- agricultural commodity producer entitled to re- national Trade Commission (in this chapter re- sist the producer in adjusting to import competi- ceive a cash benefit under this chapter— ferred to as the ‘Commission’) begins an inves- tion with respect to the adversely affected agri- ‘‘(1) shall not be eligible for any other cash tigation under section 202 with respect to an ag- cultural commodity, including— benefit under this title, and ricultural commodity, the Commission shall im- ‘‘(i) information regarding the feasibility and ‘‘(2) shall be entitled to employment services mediately notify the Secretary of the investiga- desirability of substituting 1 or more alternative and training benefits under part III of sub- tion. Upon receipt of the notification, the Sec- commodities for the adversely affected agricul- chapter C of chapter 2. retary shall immediately conduct a study of— tural commodity; and ‘‘SEC. 297. FRAUD AND RECOVERY OF OVERPAY- ‘‘(1) the number of agricultural commodity ‘‘(ii) technical assistance that will improve the MENTS. producers producing a like or directly competi- competitiveness of the production and marketing ‘‘(a) IN GENERAL.—

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‘‘(1) REPAYMENT.—If the Secretary, or a court sel’, ‘person’, and ‘United States fish processor’ tified as eligible under section 299B, means each of competent jurisdiction, determines that any have the same meanings as such terms have in consecutive year after the year in which the person has received any payment under this the Magnuson-Stevens Fishery Conservation group is certified that the Secretary makes the chapter to which the person was not entitled, and Management Act (16 U.S.C. 1802). determination under subsection (c) or (d), as the such person shall be liable to repay such ‘‘(2) PRODUCER.—The term ‘producer’ means case may be. amount to the Secretary, except that the Sec- any person who— ‘‘(2) CLASSES OF GOODS WITHIN A COM- retary may waive such repayment if the Sec- ‘‘(A) is engaged in commercial fishing; or MODITY.—In any case in which there are sepa- retary determines, in accordance with guidelines ‘‘(B) is a United States fish processor. rate classes of fish, the Secretary shall treat prescribed by the Secretary, that— ‘‘(3) CONTRIBUTED IMPORTANTLY.— each class as a separate commodity in deter- ‘‘(A) the payment was made without fault on ‘‘(A) IN GENERAL.—The term ‘contributed im- mining group eligibility, the national average the part of such person; and portantly’ means a cause which is important but price, and level of imports under this section ‘‘(B) requiring such repayment would be con- not necessarily more important than any other and section 299E. trary to equity and good conscience. cause. ‘‘SEC. 299B. DETERMINATIONS BY SECRETARY. ‘‘(B) DETERMINATION OF CONTRIBUTED IMPOR- ‘‘(2) RECOVERY OF OVERPAYMENT.—Unless an ‘‘(a) IN GENERAL.—As soon as practicable TANTLY.—The determination of whether imports overpayment is otherwise recovered, or waived after the date on which a petition is filed under of articles like or directly competitive with a fish under paragraph (1), the Secretary shall recover section 299A, but in any event not later than 40 caught through commercial fishing or processed the overpayment by deductions from any sums days after that date, the Secretary shall deter- by a United States fish processor with respect to payable to such person under this chapter. mine whether the petitioning group meets the which a petition under this chapter was filed ‘‘(b) FALSE STATEMENT.—A person shall, in requirements of section 299A (c) or (d), as the contributed importantly to a decline in the price addition to any other penalty provided by law, case may be, and shall, if the group meets the of the fish shall be made by the Secretary. be ineligible for any further payments under requirements, issue a certification of eligibility ‘‘(4) DULY AUTHORIZED REPRESENTATIVE.—The this chapter— to apply for assistance under this chapter cov- ‘‘(1) if the Secretary, or a court of competent term ‘duly authorized representative’ means an association of producers. ering producers in any group that meets the re- jurisdiction, determines that the person— quirements. Each certification shall specify the ‘‘(A) knowingly has made, or caused another ‘‘(5) NATIONAL AVERAGE PRICE.—The term ‘na- tional average price’ means the national aver- date on which eligibility under this chapter be- to make, a false statement or representation of gins. a material fact; or age price paid to a producer for fish in a mar- keting year as determined by the Secretary. ‘‘(b) NOTICE.—Upon making a determination ‘‘(B) knowingly has failed, or caused another on a petition, the Secretary shall promptly pub- to fail, to disclose a material fact; and ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of Commerce. lish a summary of the determination in the Fed- ‘‘(2) as a result of such false statement or rep- eral Register, together with the Secretary’s rea- resentation, or of such nondisclosure, such per- ‘‘(7) TRADE ADJUSTMENT ASSISTANCE CENTER.— The term ‘Trade Adjustment Assistance Center’ sons for making the determination. son has received any payment under this chap- ‘‘(c) TERMINATION OF CERTIFICATION.—When- ter to which the person was not entitled. shall have the same meaning as such term has in section 253. ever the Secretary determines, with respect to ‘‘(c) NOTICE AND DETERMINATION.—Except for any certification of eligibility under this chap- ‘‘SEC. 299A. PETITIONS; GROUP ELIGIBILITY. overpayments determined by a court of com- ter, that the decline in price for the fish covered ‘‘(a) IN GENERAL.—A petition for a certifi- petent jurisdiction, no repayment may be re- by the certification is no longer attributable to cation of eligibility to apply for adjustment as- quired, and no deduction may be made, under the conditions described in section 299A, the sistance under this chapter may be filed with this section until a determination under sub- Secretary shall terminate such certification and the Secretary by a group of producers or by section (a)(1) by the Secretary has been made, promptly cause notice of such termination to be their duly authorized representative. Upon re- notice of the determination and an opportunity published in the Federal Register, together with ceipt of the petition, the Secretary shall prompt- for a fair hearing thereon has been given to the the Secretary’s reasons for making such deter- ly publish notice in the Federal Register that person concerned, and the determination has mination. become final. the Secretary has received the petition and initi- ated an investigation. ‘‘SEC. 299C. STUDY BY SECRETARY WHEN INTER- ‘‘(d) PAYMENT TO TREASURY.—Any amount re- NATIONAL TRADE COMMISSION BE- ‘‘(b) HEARINGS.—If the petitioner, or any covered under this section shall be returned to GINS INVESTIGATION. other person found by the Secretary to have a the Treasury of the United States. ‘‘(a) IN GENERAL.—Whenever the Inter- substantial interest in the proceedings, submits ‘‘(e) PENALTIES.—Whoever makes a false national Trade Commission (in this chapter re- not later than 10 days after the date of the Sec- statement of a material fact knowing it to be ferred to as the ‘Commission’) begins an inves- retary’s publication under subsection (a) a re- false, or knowingly fails to disclose a material tigation under section 202 with respect to a fish, quest for a hearing, the Secretary shall provide fact, for the purpose of obtaining or increasing the Commission shall immediately notify the for a public hearing and afford such interested for himself or for any other person any payment Secretary of the investigation. Upon receipt of person an opportunity to be present, to produce authorized to be furnished under this chapter the notification, the Secretary shall immediately evidence, and to be heard. shall be fined not more than $10,000 or impris- conduct a study of— oned for not more than 1 year, or both. ‘‘(c) GROUP ELIGIBILITY REQUIREMENTS.—The Secretary shall certify a group of producers as ‘‘(1) the number of producers producing a like ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. eligible to apply for adjustment assistance under or directly competitive agricultural commodity ‘‘(a) IN GENERAL.—There are authorized to be this chapter if the Secretary determines— who have been or are likely to be certified as eli- appropriated and there are appropriated to the ‘‘(1) that the national average price for the gible for adjustment assistance under this chap- Department of Agriculture not to exceed fish, or a class of fish, produced by the group ter, and $90,000,000 for each of the fiscal years 2002 for the most recent marketing year for which the ‘‘(2) the extent to which the adjustment of through 2007 to carry out the purposes of this national average price is available is less than such producers to the import competition may be chapter. 80 percent of the average of the national aver- facilitated through the use of existing programs. ‘‘(b) PROPORTIONATE REDUCTION.—If in any age price for such fish, or such class of fish, for ‘‘(b) REPORT.—Not later than 15 days after year, the amount appropriated under this chap- the 5 marketing years preceding the most recent the day on which the Commission makes its re- ter is insufficient to meet the requirements for marketing year; and port under section 202(f), the Secretary shall adjustment assistance payable under this chap- ‘‘(2) that increases in imports of articles like submit a report to the President setting forth the ter, the amount of assistance payable under this or directly competitive with the fish, or class of findings of the study under subsection (a). Upon chapter shall be reduced proportionately.’’. fish, produced by the group contributed impor- making his report to the President, the Sec- (b) EFFECTIVE DATE.—The amendments made tantly to the decline in price described in para- retary shall also promptly make the report pub- by this title shall take effect on the date that is graph (1). lic (with the exception of information which the 180 days after the date of enactment of this Act. ‘‘(d) SPECIAL RULE FOR QUALIFIED SUBSE- Secretary determines to be confidential) and TITLE V—TRADE ADJUSTMENT QUENT YEARS.—A group of producers certified shall have a summary of it published in the Fed- ASSISTANCE FOR FISHERMEN as eligible under section 299B shall be eligible to eral Register. SEC. 501. TRADE ADJUSTMENT ASSISTANCE FOR apply for assistance under this chapter in any ‘‘SEC. 299D. BENEFIT INFORMATION TO PRO- FISHERMEN. qualified year after the year the group is first DUCERS. N ENERAL (a) IN GENERAL.—Title II of the Trade Act of certified, if the Secretary determines that— ‘‘(a) I G .—The Secretary shall pro- 1974 (19 U.S.C. 2251 et seq.), as amended by title ‘‘(1) the national average price for the fish, or vide full information to producers about the IV of this Act, is amended by adding at the end class of fish, produced by the group for the most benefit allowances, training, and other employ- the following new chapter: recent marketing year for which the national ment services available under this title and average price is available is equal to or less than about the petition and application procedures, ‘‘CHAPTER 7—ADJUSTMENT ASSISTANCE the price determined under subsection (c)(1); and the appropriate filing dates, for such allow- FOR FISHERMEN and ances, training, and services. The Secretary ‘‘SEC. 299. DEFINITIONS. ‘‘(2) the requirements of subsection (c)(2) are shall provide whatever assistance is necessary to ‘‘In this chapter: met. enable groups to prepare petitions or applica- ‘‘(1) COMMERCIAL FISHING, FISH, FISHERY, ‘‘(e) DETERMINATION OF QUALIFIED YEAR AND tions for program benefits under this title. FISHING, FISHING VESSEL, PERSON, AND UNITED COMMODITY.—In this chapter: ‘‘(b) NOTICE OF BENEFITS.— STATES FISH PROCESSOR.—The terms ‘commercial ‘‘(1) QUALIFIED YEAR.—The term ‘qualified ‘‘(1) IN GENERAL.—The Secretary shall mail fishing’, ‘fish’, ‘fishery’, ‘fishing’, ‘fishing ves- year’, with respect to a group of producers cer- written notice of the benefits available under

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this chapter to each producer that the Secretary ‘‘(d) LIMITATIONS ON OTHER ASSISTANCE.—A abatements, credits, and refunds) is amended by has reason to believe is covered by a certifi- producer entitled to receive a cash benefit under inserting after section 6428 the following new cation made under this chapter. this chapter— section: ‘‘(2) OTHER NOTICE.—The Secretary shall pub- ‘‘(1) shall not be eligible for any other cash ‘‘SEC. 6429. TRADE ADJUSTMENT ASSISTANCE lish notice of the benefits available under this benefit under this title, and HEALTH INSURANCE CREDIT. chapter to producers that are covered by each ‘‘(2) shall be entitled to employment services ‘‘(a) IN GENERAL.—In the case of an indi- certification made under this chapter in news- and training benefits under part III of sub- vidual, there shall be allowed as a credit against papers of general circulation in the areas in chapter C of chapter 2. the tax imposed by subtitle A an amount equal which such producers reside. ‘‘SEC. 299F. FRAUD AND RECOVERY OF OVERPAY- to 70 percent of the amount paid during the tax- MENTS. ‘‘SEC. 299E. QUALIFYING REQUIREMENTS FOR able year for coverage for the taxpayer, the tax- ‘‘(a) IN GENERAL.— PRODUCERS. payer’s spouse, and dependents of the taxpayer ‘‘(1) REPAYMENT.—If the Secretary, or a court under qualified health insurance during eligible ‘‘(a) IN GENERAL.—Payment of a trade adjust- of competent jurisdiction, determines that any coverage months. ment allowance shall be made to an adversely person has received any payment under this ‘‘(b) ELIGIBLE COVERAGE MONTH.—For pur- affected producer covered by a certification chapter to which the person was not entitled, poses of this section— under this chapter who files an application for such person shall be liable to repay such ‘‘(1) IN GENERAL.—The term ‘eligible coverage such allowance within 90 days after the date on amount to the Secretary, except that the Sec- month’ means any month if, as of the first day which the Secretary makes a determination and retary may waive such repayment if the Sec- of such month— issues a certification of eligibility under section retary determines, in accordance with guidelines ‘‘(A) the taxpayer is an eligible individual, 299B, if the following conditions are met: prescribed by the Secretary, that— ‘‘(B) the taxpayer is covered by qualified ‘‘(1) The producer submits to the Secretary ‘‘(A) the payment was made without fault on health insurance, sufficient information to establish the amount of the part of such person; and fish covered by the application filed under sub- ‘‘(B) requiring such repayment would be con- ‘‘(C) the premium for coverage under such in- section (a) that was produced by the producer trary to equity and good conscience. surance for such month is paid by the taxpayer, in the most recent year. ‘‘(2) RECOVERY OF OVERPAYMENT.—Unless an and ‘‘(2) The producer certifies that the producer overpayment is otherwise recovered, or waived ‘‘(D) the taxpayer does not have other speci- has not received cash benefits under any provi- under paragraph (1), the Secretary shall recover fied coverage. sion of this title other than this chapter. the overpayment by deductions from any sums ‘‘(2) SPECIAL RULES.— ‘‘(A) JOINT RETURNS.—In the case of a joint ‘‘(3) The producer’s net fishing or processing payable to such person under this chapter. return, the requirements of paragraph (1) shall income (as determined by the Secretary) for the ‘‘(b) FALSE STATEMENT.—A person shall, in be treated as met if at least 1 spouse satisfies most recent year is less than the producer’s net addition to any other penalty provided by law, such requirements. fishing or processing income for the latest year be ineligible for any further payments under ‘‘(B) EXCLUSION OF MONTHS IN WHICH INDI- in which no adjustment assistance was received this chapter— VIDUAL IS IMPRISONED.—Such term shall not in- by the producer under this chapter. ‘‘(1) if the Secretary, or a court of competent clude any month with respect to an individual ‘‘(4) The producer certifies that— jurisdiction, determines that the person— if, as of the first day of such month, such indi- ‘‘(A) the producer has met with an employee ‘‘(A) knowingly has made, or caused another vidual is imprisoned under Federal, State, or or agent from a Trade Adjustment Assistance to make, a false statement or representation of local authority. Center to obtain, at no cost to the producer, in- a material fact; or ‘‘(B) knowingly has failed, or caused another ‘‘(3) OTHER SPECIFIED COVERAGE.—For pur- formation and technical assistance that will as- to fail, to disclose a material fact; and poses of this subsection, an individual has other sist the producer in adjusting to import competi- ‘‘(2) as a result of such false statement or rep- specified coverage for any month if, as of the tion with respect to the adversely affected fish, resentation, or of such nondisclosure, such per- first day of such month— including— son has received any payment under this chap- ‘‘(A) SUBSIDIZED COVERAGE.— ‘‘(i) information regarding the feasibility and ter to which the person was not entitled. ‘‘(i) IN GENERAL.—Such individual is covered desirability of substituting 1 or more alternative ‘‘(c) NOTICE AND DETERMINATION.—Except for under any qualified health insurance under fish for the adversely affected fish; and overpayments determined by a court of com- which at least 50 percent of the cost of coverage ‘‘(ii) technical assistance that will improve the petent jurisdiction, no repayment may be re- (determined under section 4980B) is paid or in- competitiveness of the production and marketing quired, and no deduction may be made, under curred by an employer (or former employer) of of the adversely affected fish by the producer, this section until a determination under sub- the taxpayer or the taxpayer’s spouse. including yield and marketing improvements; section (a)(1) by the Secretary has been made, ‘‘(ii) TREATMENT OF CAFETERIA PLANS AND and notice of the determination and an opportunity FLEXIBLE SPENDING ACCOUNTS.—For purposes of ‘‘(B) none of the benefits will be used to pur- for a fair hearing thereon has been given to the clause (i), the cost of benefits— chase, lease, or finance any new fishing vessel, person concerned, and the determination has ‘‘(I) which are chosen under a cafeteria plan add capacity to any fishery, or otherwise add to become final. (as defined in section 125(d)), or provided under the overcapitalization of any fishery. ‘‘(d) PAYMENT TO TREASURY.—Any amount re- a flexible spending or similar arrangement, of ‘‘(b) AMOUNT OF CASH BENEFITS.— covered under this section shall be returned to such an employer, and ‘‘(1) IN GENERAL.—Subject to the provisions of the Treasury of the United States. ‘‘(II) which are not includible in gross income section 299G, an adversely affected producer de- ‘‘(e) PENALTIES.—Whoever makes a false under section 106, scribed in subsection (a) shall be entitled to ad- statement of a material fact knowing it to be shall be treated as borne by such employer. justment assistance under this chapter in an false, or knowingly fails to disclose a material ‘‘(B) COVERAGE UNDER MEDICARE, MEDICAID, amount equal to the product of— fact, for the purpose of obtaining or increasing OR SCHIP.—Such individual— ‘‘(A) one-half of the difference between— for himself or for any other person any payment ‘‘(i) is entitled to benefits under part A of title ‘‘(i) an amount equal to 80 percent of the av- authorized to be furnished under this chapter XVIII of the Social Security Act or is enrolled erage of the national average price of the fish shall be fined not more than $10,000 or impris- under part B of such title, or covered by the application described in sub- oned for not more than 1 year, or both. ‘‘(ii) is enrolled in the program under title section (a) for the 5 marketing years preceding ‘‘SEC. 299G. AUTHORIZATION OF APPROPRIA- XIX or XXI of such Act (other than under sec- the most recent marketing year; and TIONS. tion 1928). ‘‘(ii) the national average price of the fish for ‘‘(a) IN GENERAL.—There are authorized to be ‘‘(C) CERTAIN OTHER COVERAGE.—Such the most recent marketing year; and appropriated and there are appropriated to the individual— ‘‘(B) the amount of the fish produced by the Department of Commerce not to exceed ‘‘(i) is enrolled in a health benefits plan under producer in the most recent marketing year. $10,000,000 for each of the fiscal years 2002 chapter 89 of title 5, United States Code, ‘‘(2) SPECIAL RULE FOR SUBSEQUENT QUALIFIED through 2007 to carry out the purposes of this ‘‘(ii) is entitled to receive benefits under chap- YEARS.—The amount of cash benefits for a chapter. ter 55 of title 10, United States Code, qualified year shall be determined in the same ‘‘(b) PROPORTIONATE REDUCTION.—If in any ‘‘(iii) is entitled to receive benefits under manner as cash benefits are determined under year, the amount appropriated under this chap- chapter 17 of title 38, United States Code, or paragraph (1) except that the average national ter is insufficient to meet the requirements for ‘‘(iv) is eligible for benefits under the Indian price of the fish shall be determined under para- adjustment assistance payable under this chap- Health Care Improvement Act. graph (1)(A)(i) by using the 5-marketing-year ter, the amount of assistance payable under this ‘‘(4) SPECIAL RULE.—For purposes of this sub- period used to determine the amount of cash chapter shall be reduced proportionately.’’. section, an individual does not have other speci- benefits for the first certification. A producer (b) EFFECTIVE DATE.—The amendments made fied coverage for any month if such coverage is shall only be eligible for benefits for subsequent by this title shall take effect on the date that is under a qualified long-term care insurance con- qualified years if the Secretary or his designee 180 days after the date of enactment of this Act. tract (as defined in section 7702B(b)(1)). determines that sufficient progress has been TITLE VI—HEALTH CARE COVERAGE OP- ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of made implementing the plans developed under TIONS FOR WORKERS ELIGIBLE FOR this section, the term ‘eligible individual’ means section 299E(a)(4) of this title. TRADE ADJUSTMENT ASSISTANCE an individual who is qualified to receive pay- ‘‘(c) MAXIMUM AMOUNT OF CASH ASSIST- SEC. 601. TRADE ADJUSTMENT ASSISTANCE ment of a trade adjustment allowance under sec- ANCE.—The maximum amount of cash benefits a HEALTH INSURANCE CREDIT. tion 235 of the Trade Act of 1974, as amended by producer may receive in any 12-month period (a) IN GENERAL.—Subchapter B of chapter 65 section 111 of the Trade Adjustment Assistance shall not exceed $10,000. of the Internal Revenue Code of 1986 (relating to Reform Act of 2002.

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‘‘(d) QUALIFIED HEALTH INSURANCE.—For pur- ‘‘(C) the number of months for which such ad- is amended by adding at the end the following poses of this section, the term ‘qualified health vance credit amounts are so provided, and new item: insurance’ means health insurance coverage de- ‘‘(D) such other information as the Secretary ‘‘Sec. 6429. Trade adjustment assistance health scribed under section 173(f) of the Workforce In- may prescribe. insurance credit.’’. vestment Act of 1998 (29 U.S.C. 2918(f)). ‘‘(c) STATEMENTS TO BE FURNISHED TO INDI- ‘‘(e) COORDINATION WITH ADVANCE PAYMENTS VIDUALS WITH RESPECT TO WHOM INFORMATION (e) EFFECTIVE DATES.— OF CREDIT.— IS REQUIRED.—Every person required to make a (1) IN GENERAL.—Except as provided in para- ‘‘(1) RECAPTURE OF EXCESS ADVANCE PAY- return under subsection (a) shall furnish to graph (2), the amendments made by this section MENTS.—If any payment is made by the Sec- each individual whose name is required to be set shall apply to taxable years beginning after De- retary under section 7527 during any calendar forth in such return a written statement cember 31, 2001, without regard to whether final year to a provider of qualified health insurance showing— regulations to carry out such amendments have for an individual, then the tax imposed by this ‘‘(1) the name and address of the person re- been promulgated by such date. chapter for the individual’s last taxable year be- quired to make such return and the phone num- (2) PENALTIES.—The amendments made by ginning in such calendar year shall be increased ber of the information contact for such person, subsection (c) shall take effect on the date of the by the aggregate amount of such payments. and enactment of this Act. ‘‘(2) RECONCILIATION OF PAYMENTS ADVANCED ‘‘(2) the information required to be shown on SEC. 602. ADVANCE PAYMENT OF TRADE ADJUST- AND CREDIT ALLOWED.—Any increase in tax the return with respect to such individual. MENT ASSISTANCE HEALTH INSUR- under paragraph (1) shall not be treated as tax The written statement required under the pre- ANCE CREDIT. imposed by this chapter for purposes of deter- ceding sentence shall be furnished on or before (a) IN GENERAL.—Chapter 77 of the Internal mining the amount of any credit (other than the January 31 of the year following the calendar Revenue Code of 1986 (relating to miscellaneous credit allowed by subsection (a)) allowable year for which the return under subsection (a) provisions) is amended by adding at the end the under part IV of subchapter A of chapter 1. is required to be made. following new section: ‘‘(f) SPECIAL RULES.— ‘‘(d) ADVANCE CREDIT AMOUNT.—For purposes ‘‘SEC. 7527. ADVANCE PAYMENT OF TRADE AD- ‘‘(1) COORDINATION WITH OTHER DEDUC- of this section, the term ‘advance credit amount’ JUSTMENT ASSISTANCE HEALTH IN- TIONS.—Amounts taken into account under sub- means an amount for which the person can SURANCE CREDIT. section (a) shall not be taken into account in claim a reimbursement pursuant to a program ‘‘(a) GENERAL RULE.—The Secretary shall es- determining any deduction allowed under sec- established by the Secretary under section tablish a program for making payments on be- tion 162(l) or 213. 7527.’’. half of eligible individuals (as defined in section ‘‘(2) MSA DISTRIBUTIONS.—Amounts distrib- (2) ASSESSABLE PENALTIES.— 6429(c)) to providers of health insurance for uted from an Archer MSA (as defined in section (A) Subparagraph (B) of section 6724(d)(1) of such individuals for whom a qualified health in- 220(d)) shall not be taken into account under such Code (relating to definitions) is amended surance credit eligibility certificate is in effect. subsection (a). by redesignating clauses (xi) through (xvii) as ‘‘(b) QUALIFIED HEALTH INSURANCE CREDIT ‘‘(3) DENIAL OF CREDIT TO DEPENDENTS.—No clauses (xii) through (xviii), respectively, and by ELIGIBILITY CERTIFICATE.—For purposes of this credit shall be allowed under this section to any inserting after clause (x) the following new section, a qualified health insurance credit eligi- individual with respect to whom a deduction clause: bility certificate is a statement certified by a under section 151 is allowable to another tax- ‘‘(xi) section 6050T (relating to returns relat- designated local agency (as defined in section payer for a taxable year beginning in the cal- ing to trade adjustment assistance health insur- 51(d)(11)) (or by any other entity designated by endar year in which such individual’s taxable ance credit),’’. the Secretary) which— year begins. (B) Paragraph (2) of section 6724(d) of such ‘‘(1) certifies that the individual was an eligi- ‘‘(4) CREDIT TREATED AS REFUNDABLE CRED- Code is amended by striking ‘‘or’’ at the end of ble individual (as defined in section 6429(c)) as IT.—For purposes of this title, the credit allowed subparagraph (Z), by striking the period at the of the first day of any month, and under this section shall be treated as a credit al- end of subparagraph (AA) and inserting ‘‘, or’’, ‘‘(2) provides such other information as the lowable under subpart C of part IV of sub- and by adding after subparagraph (AA) the fol- Secretary may require for purposes of this sec- chapter A of chapter 1. lowing new subparagraph: tion.’’. ‘‘(5) EXPENSES MUST BE SUBSTANTIATED.—A ‘‘(BB) section 6050T (relating to returns relat- (b) CLERICAL AMENDMENT.—The table of sec- payment for qualified health insurance to which ing to trade adjustment assistance health insur- tions for chapter 77 of the Internal Revenue subsection (a) applies may be taken into ac- Code of 1986 is amended by adding at the end count under this section only if the taxpayer ance credit).’’. (3) CLERICAL AMENDMENT.—The table of sec- the following new item: substantiates such payment in such form as the tions for subpart B of part III of subchapter A Secretary may prescribe. ‘‘Sec. 7527. Advance payment of trade adjust- of chapter 61 of such Code is amended by insert- ‘‘(6) REGULATIONS.—The Secretary may pre- ment assistance health insurance ing after the item relating to section 6050S the scribe such regulations and other guidance as credit.’’. may be necessary or appropriate to carry out following new item: (c) EFFECTIVE DATE.—The amendments made this section and section 7527.’’. ‘‘Sec. 6050T. Returns relating to trade adjust- by this section shall take effect on the date of (b) INFORMATION REPORTING.— ment assistance health insurance the enactment of this Act, without regard to (1) IN GENERAL.—Subpart B of part III of sub- credit.’’. chapter A of chapter 61 of the Internal Revenue whether final regulations to carry out such Code of 1986 (relating to information concerning (c) CRIMINAL PENALTY FOR FRAUD.— amendments have been promulgated by such (1) IN GENERAL.—Subchapter B of chapter 75 transactions with other persons) is amended by date. of the Internal Revenue Code of 1986 (relating to inserting after section 6050S the following new SEC. 603. HEALTH INSURANCE COVERAGE FOR other offenses) is amended by adding at the end section: ELIGIBLE INDIVIDUALS. the following: (a) ELIGIBILITY FOR GRANTS.—Section 173(a) ‘‘SEC. 6050T. RETURNS RELATING TO TRADE AD- JUSTMENT ASSISTANCE HEALTH IN- ‘‘SEC. 7276. PENALTIES FOR OFFENSES RELATING of the Workforce Investment Act of 1998 (29 SURANCE CREDIT. TO TRADE ADJUSTMENT ASSIST- U.S.C. 2918(a)) is amended— ANCE HEALTH INSURANCE CREDIT. ‘‘(a) REQUIREMENT OF REPORTING.—Every (1) in paragraph (2), by striking ‘‘and’’ at the person— ‘‘Any person who knowingly misuses Depart- end; ‘‘(1) who, in connection with a trade or busi- ment of the Treasury names, symbols, titles, or (2) in paragraph (3) by striking the period and ness conducted by such person, receives pay- initials to convey the false impression of asso- inserting ‘‘; and’’; and ments during any calendar year from any indi- ciation with, or approval or endorsement by, the (3) by adding at the end the following: vidual for coverage of such individual or any Department of the Treasury of any insurance ‘‘(4) from funds appropriated under section other individual under qualified health insur- products or group health coverage in connection 174(c)— ance (as defined in section 6429(d)), and with the credit for trade adjustment assistance ‘‘(A) to a State to provide the assistance de- ‘‘(2) who claims a reimbursement for an ad- health insurance under section 6429 shall on scribed in subsection (f) to any eligible worker vance credit amount, conviction thereof be fined not more than (as defined in subsection (f)(4)(B)); and shall, at such time as the Secretary may pre- $10,000, or imprisoned not more than 1 year, or ‘‘(B) to a State to provide the assistance de- scribe, make the return described in subsection both.’’. scribed in subsection (g) to any eligible worker (b) with respect to each individual from whom (2) The table of sections for subchapter B of (as defined in subsection (g)(5)).’’. such payments were received or for whom such chapter 75 of such Code is amended by adding (b) USE OF FUNDS FOR HEALTH INSURANCE a reimbursement is claimed. at the end the following: COVERAGE.—Section 173 of the Workforce In- vestment Act of 1998 (29 U.S.C. 2918) is amended ‘‘(b) FORM AND MANNER OF RETURNS.—A re- ‘‘Sec. 7276. Penalties for offenses relating to turn is described in this subsection if such by adding at the end the following: trade adjustment assistance ‘‘(f) HEALTH INSURANCE COVERAGE ASSISTANCE return— health insurance credit.’’. ‘‘(1) is in such form as the Secretary may pre- FOR ELIGIBLE WORKERS.— scribe, and (d) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—Funds made available to a ‘‘(2) contains— (1) Paragraph (2) of section 1324(b) of title 31, State under paragraph (4)(A) of subsection (a) ‘‘(A) the name, address, and TIN of each indi- United States Code, is amended by inserting be- may be used by the State for the following: vidual referred to in subsection (a), fore the period ‘‘, or from section 6429 of such ‘‘(A) HEALTH INSURANCE COVERAGE.—To assist ‘‘(B) the aggregate of the advance credit Code’’. an eligible worker (as defined in paragraph amounts provided to such individual and for (2) The table of sections for subchapter B of (4)(B)) in enrolling in health insurance coverage which reimbursement is claimed, chapter 65 of the Internal Revenue Code of 1986 through—

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.034 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3979 ‘‘(i) COBRA continuation coverage; the remainder of the premium for such enroll- ‘‘(I) is entitled to benefits under part A of title ‘‘(ii) State-based continuation coverage pro- ment; XVIII of the Social Security Act or is enrolled vided by the State under a State law that re- ‘‘(B) no pre-existing condition limitations are under part B of such title, or quires such coverage even though the coverage imposed with respect to such eligible workers; ‘‘(II) is enrolled in the program under title would not otherwise be required under the pro- ‘‘(C) the worker is not required (as a condition XIX or XXI of such Act (other than under sec- visions of law referred to in paragraph (4)(A); of enrollment or continued enrollment under the tion 1928). ‘‘(iii) the enrollment of the eligible worker and coverage) to pay a premium or contribution that ‘‘(iii) CERTAIN OTHER COVERAGE.—Such the eligible worker’s spouse and dependents in is greater than the premium or contribution for individual— health insurance coverage offered through a a similarly situated individual who is not an eli- ‘‘(I) is enrolled in a health benefits plan under qualified State high risk pool or other com- gible worker; chapter 89 of title 5, United States Code; parable State-based health insurance coverage ‘‘(D) benefits under the coverage are the same ‘‘(II) is entitled to receive benefits under chap- alternative; as (or substantially similar to) the benefits pro- ter 55 of title 10, United States Code; ‘‘(iv) the enrollment of the eligible worker and vided to similarly situated individuals who are ‘‘(III) is entitled to receive benefits under the eligible worker’s spouse and dependents in not eligible workers; chapter 17 of title 38, United States Code; or the health insurance program offered for State ‘‘(E) the standard loss ratio for the coverage is ‘‘(IV) is eligible for benefits under the Indian employees; not less than 65 percent; Health Care Improvement Act. ‘‘(v) the enrollment of the eligible worker and ‘‘(F) in the case of coverage provided under paragraph (1)(A)(v), the premiums and benefits Such term does not include coverage under a the eligible worker’s spouse and dependents in a qualified long-term care insurance contract (as State-based health insurance program that is are comparable to the premiums and benefits ap- plicable to State employees; and defined in section 7702B(b)(1) of the Internal comparable to the health insurance program of- Revenue Code of 1986). fered for State employees; ‘‘(G) such coverage otherwise meets require- ments established by the Secretary. ‘‘(D) GROUP HEALTH PLAN.—The term ‘group ‘‘(vi) a direct payment arrangement entered health plan’ has the meaning given that term in into by the State and a group health plan (in- ‘‘(3) AVAILABILITY OF FUNDS.— ‘‘(A) EXPEDITED PROCEDURES.—With respect section 2791(a) of the Public Health Service Act cluding a multiemployer plan as defined in sec- to applications submitted by States for grants (42 U.S.C. 300gg–91(a)), section 607(1) of the Em- tion 3(37) of the Employee Retirement Income under this subsection, the Secretary shall— ployee Retirement Income Security Act of 1974 Security Act of 1974 (29 U.S.C. 1002(37))), an ‘‘(i) not later than 15 days after the date on (29 U.S.C. 1167(1)), and section 4980B(g)(2) of issuer of health insurance coverage, an adminis- which the Secretary receives a completed appli- the Internal Revenue Code of 1986. trator, or an employer, as appropriate, on behalf cation from a State, notify the State of the de- ‘‘(E) HEALTH INSURANCE COVERAGE.—The term of the eligible worker and the eligible worker’s termination of the Secretary with respect to the ‘health insurance coverage’ has the meaning spouse and dependents; approval or disapproval of such application; given that term in section 2791(b)(1) of the Pub- ‘‘(vii) the enrollment of the eligible worker ‘‘(ii) in the case of a State application that is lic Health Service Act (42 U.S.C. 300gg–91(b)(1)) and the eligible worker’s spouse and dependents disapproved by the Secretary, provide technical (other than insurance if substantially all of its in a State-operated, State-funded health plan; assistance, at the request of the State, in a time- coverage is of excepted benefits described in sec- ‘‘(viii) the enrollment of the eligible worker ly manner to enable the State to submit an ap- tion 2791(c) of such Act (42 U.S.C. 300gg–91(c)). and the eligible worker’s spouse and dependents proved application; and ‘‘(F) INDIVIDUAL HEALTH INSURANCE COV- in health insurance coverage offered through a ‘‘(iii) develop procedures to expedite the provi- ERAGE.—The term ‘individual health insurance State arrangement with a private sector health sion of funds to States with approved applica- coverage’ means health insurance coverage of- care coverage purchasing pool; or tions. fered to individuals other than in connection ‘‘(ix) in the case of an eligible worker who was ‘‘(B) AVAILABILITY AND DISTRIBUTION OF with a group health plan. Such term does not enrolled in individual health insurance coverage FUNDS.—The Secretary shall ensure that funds include Federal- or State-based health insur- during the 6-month period that ends on the date made available under section 174(c)(1)(A) to ance coverage. on which the worker became unemployed, en- carry out subsection (a)(4)(A) are available to ‘‘(G) QUALIFIED STATE HIGH RISK POOL.—The rollment in such individual health insurance States throughout the period described in sec- term ‘qualified State high risk pool’ has the coverage. tion 174(c)(2)(A). meaning given that term in section 2744(c)(2) of ‘‘(B) ESTABLISHMENT OF HEALTH INSURANCE ‘‘(4) DEFINITIONS.—For purposes of this sub- the Public Health Service Act. COVERAGE MECHANISMS.—To establish or section: administer— ‘‘(H) STANDARD LOSS RATIO.—The term ‘stand- ‘‘(A) COBRA CONTINUATION COVERAGE.—The ard loss ratio’, with respect to the pool of in- ‘‘(i) a qualified State high risk pool for the term ‘COBRA continuation coverage’ means purpose of providing health insurance coverage sured individuals under coverage described in coverage under a group health plan provided by clauses (ii) through (viii) of subparagraph (A) to an eligible worker and the eligible worker’s an employer pursuant to title XXII of the Public spouse and dependents; for a year, means— Health Service Act, section 4980B of the Internal ‘‘(i) the amount of claims incurred with re- ‘‘(ii) a State-based program for the purpose of Revenue Code of 1986, part 6 of subtitle B of providing health insurance coverage to an eligi- spect to the pool of insured individuals in each title I of the Employee Retirement Income Secu- such type of coverage for such year; divided by ble worker and the eligible worker’s spouse and rity Act of 1974, or section 8905a of title 5, dependents that is comparable to the State ‘‘(ii) the premiums paid for enrollment in each United States Code. such coverage for such year. health insurance program for State employees; ‘‘(B) ELIGIBLE WORKER.—The term ‘eligible ‘‘(g) INTERIM HEALTH AND OTHER ASSIST- or worker’ means an individual who— ANCE.— ‘‘(iii) a program under which the State enters ‘‘(i) is qualified to receive payment of a trade ‘‘(1) IN GENERAL.—Funds made available to a into arrangements described in subparagraph adjustment allowance under section 235 of the State under paragraph (4)(B) of subsection (a) (A)(vi). Trade Act of 1974, as amended by section 111 of may be used by the State to provide assistance ‘‘(C) ADMINISTRATIVE EXPENSES.—To pay the the Trade Adjustment Assistance Reform Act of and support services to eligible workers, includ- administrative expenses related to the enroll- 2002; ing health care coverage, transportation, child ment of eligible workers and the eligible workers ‘‘(ii) does not have other specified coverage; care, dependent care, and income assistance. spouses and dependents in health insurance and coverage described in subparagraph (A), ‘‘(iii) is not imprisoned under Federal, State, ‘‘(2) INCOME SUPPORT.—With respect to any including— or local authority. income assistance provided to an eligible worker ‘‘(i) eligibility verification activities; ‘‘(C) OTHER SPECIFIED COVERAGE.—With re- with such funds, such assistance shall supple- ‘‘(ii) the notification of eligible workers of spect to any individual, the term ‘other specified ment and not supplant other income support or available health insurance coverage options; coverage’ means— assistance provided under chapter 2 of title II of ‘‘(iii) processing qualified health insurance ‘‘(i) SUBSIDIZED COVERAGE.— the Trade Act of 1974 (19 U.S.C. 2271 et seq.) (as credit eligibility certificates provided for under ‘‘(I) IN GENERAL.—Such individual is covered in effect on the day before the effective date of section 7527 of the Internal Revenue Code of under any health insurance coverage under the Trade Adjustment Assistance Reform Act of 1986; which at least 50 percent of the cost of coverage 2002) or the unemployment compensation laws ‘‘(iv) providing assistance to eligible workers (determined under section 4980B of the Internal of the State where the eligible worker resides. in enrolling in health insurance coverage; Revenue Code of 1986) is paid or incurred by an ‘‘(3) HEALTH CARE COVERAGE.—With respect to ‘‘(v) the development or installation of nec- employer (or former employer) of the individual any health care coverage assistance provided to essary data management systems; and or the individual’s spouse. an eligible worker with such funds, the fol- ‘‘(vi) any other expenses determined appro- ‘‘(II) TREATMENT OF CAFETERIA PLANS AND lowing rules shall apply: priate by the Secretary. FLEXIBLE SPENDING ACCOUNTS.—For purposes of ‘‘(A) The State may provide assistance in ob- ‘‘(2) REQUIREMENTS RELATING TO HEALTH IN- subclause (I), the cost of benefits which are cho- taining health care coverage to the eligible SURANCE COVERAGE.—With respect to health in- sen under a cafeteria plan (as defined in section worker and to the eligible worker’s spouse and surance coverage provided to eligible workers 125(d) of such Code), or provided under a flexi- dependents. under any of clauses (ii) through (viii) of para- ble spending or similar arrangement, of such an ‘‘(B) Such assistance shall supplement and graph (1)(A), the State shall ensure that— employer, and which are not includible in gross may not supplant any other State or local funds ‘‘(A) enrollment is guaranteed for workers income under section 106 of such Code, shall be used to provide health care coverage and may who provide a qualified health insurance credit treated as borne by such employer. not be included in determining the amount of eligibility certificate described in section 7527 of ‘‘(ii) COVERAGE UNDER MEDICARE, MEDICAID, non-Federal contributions required under any the Internal Revenue Code of 1986 and who pay OR SCHIP.—Such individual— program.

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‘‘(4) AVAILABILITY OF FUNDS.— Public Health Service Act (42 U.S.C. ers, allowances, and other payments or benefits ‘‘(A) EXPEDITED PROCEDURES.—With respect 300gg(c)(2)), and section 9801(c)(2) of the Inter- may not be provided under chapter 2 after Sep- to applications submitted by States for grants nal Revenue Code of 1986. tember 30, 2007. under this subsection, the Secretary shall— TITLE VII—CONFORMING AMENDMENTS ‘‘(2) EXCEPTION.—Notwithstanding paragraph ‘‘(i) not later than 15 days after the date on AND EFFECTIVE DATE (1), a worker shall continue to receive trade ad- which the Secretary receives a completed appli- justment assistance benefits and other benefits SEC. 701. CONFORMING AMENDMENTS. cation from a State, notify the State of the de- under chapter 2 for any week for which the (a) AMENDMENTS TO THE TRADE ACT OF termination of the Secretary with respect to the worker meets the eligibility requirements of that 1974.— approval or disapproval of such application; chapter, if on or before September 30, 2007, the (1) ASSISTANCE TO INDUSTRIES.—Section 265 of ‘‘(ii) in the case of a State application that is worker is— the Trade Act of 1974 (19 U.S.C. 2355) is amend- disapproved by the Secretary, provide technical ‘‘(A) certified as eligible for trade adjustment ed by striking ‘‘certified as eligible to apply for assistance, at the request of the State, in a time- assistance benefits under section 231; and adjustment assistance under sections 231 or ly manner to enable the State to submit an ap- ‘‘(B) otherwise eligible to receive trade adjust- 251’’, and inserting ‘‘certified as eligible for proved application; and ment assistance benefits under chapter 2. trade adjustment assistance benefits under sec- ‘‘(iii) develop procedures to expedite the provi- ‘‘(b) OTHER ASSISTANCE.— tion 231, or as eligible to apply for adjustment sion of funds to States with approved applica- ‘‘(1) ASSISTANCE FOR FIRMS.—Technical assist- tions. assistance under section 251’’. ance may not be provided under chapter 3 after (2) GENERAL ACCOUNTING OFFICE REPORT.— ‘‘(B) AVAILABILITY AND DISTRIBUTION OF September 30, 2007. Section 280 of the Trade Act of 1974 (19 U.S.C. FUNDS.—The Secretary shall ensure that funds ‘‘(2) ASSISTANCE FOR COMMUNITIES.—Tech- made available under section 174(c)(1)(B) to 2391) is amended to read as follows: nical assistance and other payments may not be carry out subsection (a)(4)(B) are available to ‘‘SEC. 280. GENERAL ACCOUNTING OFFICE RE- provided under chapter 4 after September 30, States throughout the period described in sec- PORT. 2007. tion 174(c)(2)(B). ‘‘(a) STUDY AND REPORT.—The Comptroller ‘‘(3) ASSISTANCE FOR FARMERS AND FISHER- ‘‘(5) DEFINITION OF ELIGIBLE WORKER.—In this General of the United States shall conduct a MEN.— subsection, the term ‘eligible worker’ means an study of the adjustment assistance programs es- ‘‘(A) IN GENERAL.—Except as provided in sub- individual who is a member of a group of work- tablished under chapters 2, 3, 4, 6, and 7 of this paragraph (B), adjustment assistance, vouchers, ers certified after April 1, 2002 under chapter 2 title and shall report the results of such study to allowances, and other payments or benefits may of title II of the Trade Act of 1974 (as in effect the Congress no later than January 31, 2005. not be provided under chapter 6 or 7 after Sep- on the day before the effective date of the Trade Such report shall include an evaluation of— tember 30, 2007. Adjustment Assistance Reform Act of 2002) and ‘‘(1) the effectiveness of such programs in aid- ‘‘(B) EXCEPTION.—Notwithstanding subpara- who is determined to be qualified to receive pay- ing workers, farmers, fishermen, firms, and com- graph (A), an agricultural commodity producer ment of a trade adjustment allowance under munities to adjust to changed economic condi- (as defined in section 291(2)) or producer (as de- such chapter (as so in effect).’’. tions resulting from changes in the patterns of fined in section 299(2)), shall continue to receive (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- international trade; and adjustment assistance benefits and other bene- tion 174 of the Workforce Investment Act of 1998 ‘‘(2) the coordination of the administration of fits under chapter 6 or 7, whichever applies, for (29 U.S.C. 2919) is amended by adding at the end such programs and other Government programs any week for which the agricultural commodity the following: which provide unemployment compensation and producer or producer meets the eligibility re- ‘‘(c) ASSISTANCE FOR ELIGIBLE WORKERS.— relief to depressed areas. quirements of chapter 6 or 7, whichever applies, ‘‘(1) IN GENERAL.—There are authorized to be ‘‘(b) ASSISTANCE OF OTHER DEPARTMENTS AND if on or before September 30, 2007, the agricul- appropriated— AGENCIES.—In carrying out his responsibilities tural commodity producer or producer is— ‘‘(A) to carry out subsection (a)(4)(A) of sec- under this section, the Comptroller General ‘‘(i) certified as eligible for adjustment assist- tion 173— shall, to the extent practical, avail himself of ance benefits under chapter 6 or 7, whichever ‘‘(i) $10,000,000 for fiscal year 2002; and the assistance of the Departments of Labor, applies; and ‘‘(ii) $60,000,000 for each of fiscal years 2003 Commerce, and Agriculture and the Small Busi- ‘‘(ii) is otherwise eligible to receive adjustment through 2007; and ness Administration. The Secretaries of Labor, assistance benefits under such chapter 6 or 7.’’. ‘‘(B) to carry out subsection (a)(4)(B) of sec- Commerce, and Agriculture and the Adminis- (6) TABLE OF CONTENTS.— tion 173— trator of the Small Business Administration (A) IN GENERAL.—The table of contents for ‘‘(i) $50,000,000 for fiscal year 2002; shall make available to the Comptroller General chapters 2, 3, and 4 of title II of the Trade Act ‘‘(ii) $100,000,000 for fiscal year 2003; and any assistance necessary for an effective eval- of 1974 is amended to read as follows: uation of the adjustment assistance programs ‘‘(iii) $50,000,000 for fiscal year 2004. ‘‘CHAPTER 2—ADJUSTMENT ASSISTANCE FOR established under this title.’’. ‘‘(2) AVAILABILITY OF FUNDS.—Funds appro- WORKERS priated under— (3) COORDINATION.—Section 281 of the Trade ‘‘SUBCHAPTER A—GENERAL PROVISIONS ‘‘(A) paragraph (1)(A) for each fiscal year Act of 1974 (19 U.S.C. 2392) is amended by strik- shall, notwithstanding section 189(g), remain ing ‘‘Departments of Labor and Commerce’’ and ‘‘Sec. 221. Definitions. available for obligation during the pendency of inserting ‘‘Departments of Labor, Commerce, ‘‘Sec. 222. Agreements with States. any outstanding claim under the Trade Act of and Agriculture’’. ‘‘Sec. 223. Administration absent State 1974, as amended by the Trade Adjustment As- (4) TRADE MONITORING SYSTEM.—Section 282 agreement. ‘‘Sec. 224. Data collection; evaluations; re- sistance Reform Act of 2002; and of the Trade Act of 1974 (19 U.S.C. 2393) is ports. ‘‘(B) paragraph (1)(B), for each fiscal year amended by striking ‘‘The Secretary of Com- ‘‘Sec. 225. Study by Secretary of Labor shall, notwithstanding section 189(g), remain merce and the Secretary of Labor’’ and inserting when International Trade Com- available during the period that begins on the ‘‘The Secretaries of Commerce, Labor, and Agri- mission begins investigation. date of enactment of the Trade Adjustment As- culture’’. ‘‘Sec. 226. Report by Secretary of Labor on sistance Reform Act of 2002 and ends on Sep- (5) JUDICIAL REVIEW.— likely impact of trade agreements. tember 30, 2004.’’. (A) Section 284(a) of the Trade Act of 1974 (19 ‘‘SUBCHAPTER B—CERTIFICATIONS (d) CONFORMING AMENDMENT.—Section U.S.C. 2395(a)) is amended by striking ‘‘under 132(a)(2)(A) of the Workforce Investment Act of section 223 or section 250(c)’’ and all that fol- ‘‘Sec. 231. Certification as adversely af- 1998 (29 U.S.C. 2862(a)(2)(A)) is amended by in- lows through ‘‘the Secretary of Commerce under fected workers. serting ‘‘, other than under subsection (a)(4), section 271’’ and inserting ‘‘under section 231, a ‘‘Sec. 232. Benefit information to workers. (f), and (g)’’ after ‘‘grants’’. firm or its representative, or any other inter- ‘‘SUBCHAPTER C—PROGRAM BENEFITS (e) TEMPORARY EXTENSION OF COBRA ELEC- ested domestic party aggrieved by a final deter- ‘‘PART I—GENERAL PROVISIONS TION PERIOD FOR CERTAIN INDIVIDUALS.— mination of the Secretary of Commerce under ‘‘Sec. 234. Comprehensive assistance. (1) IN GENERAL.—Notwithstanding any other section 251, an agricultural commodity producer ‘‘PART II—TRADE ADJUSTMENT ALLOWANCES provision of law, the election period for COBRA (as defined in section 291(2)) aggrieved by a de- continuation coverage (as defined in section termination of the Secretary of Agriculture ‘‘Sec. 235. Qualifying requirements for 6429(d)(2) of the Internal Revenue Code of 1986) under section 293, or a producer (as defined in workers. with respect to any eligible individual (as de- section 299(2)) aggrieved by a determination of ‘‘Sec. 236. Weekly amounts. fined in section 6429(c) of such Code) for whom the Secretary of Commerce under section 299B’’. ‘‘Sec. 237. Limitations on trade adjustment such period has expired as of the date of the en- (B) Section 284 of such Trade Act of 1974 is allowances. actment of this Act, shall not end before the amended in the second sentence of subsection ‘‘Sec. 238. Application of State laws. date that is 60 days after the date the individual (a) and in subsections (b) and (c), by inserting ‘‘PART III—EMPLOYMENT SERVICES, TRAINING, becomes such an eligible individual. ‘‘or the Secretary of Agriculture’’ after ‘‘Sec- AND OTHER ALLOWANCES (2) PREEXISTING CONDITIONS.—If an individual retary of Commerce’’ each place it appears. ‘‘Sec. 239. Employment services. becomes such an eligible individual, any period (6) TERMINATION.—Section 285 of the Trade ‘‘Sec. 240. Training. before the date of such eligibility shall be dis- Act of 1974 is amended to read as follows: ‘‘Sec. 240A. Job training programs. regarded for purposes of determining the 63-day ‘‘SEC. 285. TERMINATION. ‘‘Sec. 241. Job search allowances. periods referred to in section 701(c)(2) of the Em- ‘‘(a) ASSISTANCE FOR WORKERS.— ‘‘Sec. 242. Relocation allowances. ployee Retirement Income Security Act of 1974 ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘Sec. 243. Supportive services; wage insur- (29 U.S.C. 1181(c)(2)), section 2701(c)(2) of the graph (2), trade adjustment assistance, vouch- ance.

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‘‘SUBCHAPTER D—PAYMENT AND ENFORCEMENT (b) INTERNAL REVENUE CODE.— (B) by striking paragraph (3), and inserting PROVISIONS (1) ADJUSTED GROSS INCOME.—Section the following: ‘‘Sec. 244. Payments to States. 62(a)(12) of the Internal Revenue Code of 1986 ‘‘(3) A civil action to review any final deter- ‘‘Sec. 245. Liabilities of certifying and dis- (relating to the definition of adjusted gross in- mination of the Secretary of Agriculture under bursing officers. come) is amended by striking ‘‘trade readjust- section 293 of the Trade Act of 1974 with respect ‘‘Sec. 246. Fraud and recovery of overpay- ment allowances under section 231 or 232’’ and to the eligibility of an agricultural commodity ments. inserting ‘‘trade adjustment allowances under producer for adjustment assistance may be com- ‘‘Sec. 247. Criminal penalties. section 235 or 236’’. menced in the Court of International Trade by ‘‘Sec. 248. Authorization of appropriations. (2) FEDERAL UNEMPLOYMENT.— an agricultural commodity producer that applies ‘‘Sec. 249. Regulations. (A) IN GENERAL.—Section 3304(a)(8) of the In- for assistance under such Act and is aggrieved ‘‘Sec. 250. Subpoena power. ternal Revenue Code of 1986 (relating to the ap- by such final determination, or by any other in- terested party that is aggrieved by such final de- ‘‘CHAPTER 3—TRADE ADJUSTMENT ASSISTANCE proval of State unemployment insurance laws) termination.’’; and FOR FIRMS is amended to read as follows: (C) by adding at the end the following new ‘‘Sec. 251. Petitions and determinations. ‘‘(8) compensation shall not be denied to an individual for any week because the individual paragraph: ‘‘Sec. 252. Approval of adjustment pro- ‘‘(4) A civil action to review any final deter- is in training with the approval of the State posals. mination of the Secretary of Commerce under agency, or in training approved by the Sec- ‘‘Sec. 253. Technical assistance. section 299B of the Trade Act of 1974 with re- retary of Labor pursuant to chapter 2 of title II ‘‘Sec. 254. Financial assistance. spect to the eligibility of an producer (as defined of the Trade Act of 1974 (or because of the appli- ‘‘Sec. 255. Conditions for financial assist- in section 299(2)) for adjustment assistance may cation, to any such week in training, of State ance. be commenced in the Court of International law provisions relating to availability for work, ‘‘Sec. 256. Delegation of functions to Small Trade by a producer that applies for assistance active search for work, or refusal to accept Business Administration; author- under such Act and is aggrieved by such final work);’’. ization of appropriations. determination, or by any other interested party (B) EFFECTIVE DATE.— ‘‘Sec. 257. Administration of financial as- that is aggrieved by such final determination.’’. (i) IN GENERAL.—Except as provided in clause sistance. (3) TIME FOR COMMENCEMENT OF ACTION.— ‘‘Sec. 258. Protective provisions. (ii), the amendments made by this paragraph Section 2636(d) of title 28, United States Code, is ‘‘Sec. 259. Penalties. shall apply in the case of compensation paid for amended by striking ‘‘under section 223 of the ‘‘Sec. 260. Suits. weeks beginning on or after the date that is 90 Trade Act of 1974 or a final determination of the ‘‘Sec. 261. Definition of firm. days after the date of enactment of this Act. Secretary of Commerce under section 251 or sec- ‘‘Sec. 262. Regulations. (ii) MEETING OF STATE LEGISLATURE.— tion 271 of such Act’’ and inserting ‘‘under sec- ‘‘Sec. 264. Study by Secretary of Commerce (I) IN GENERAL.—If the Secretary of Labor tion 231 of the Trade Act of 1974, a final deter- when International Trade Com- identifies a State as requiring a change to its mination of the Secretary of Commerce under mission begins investigation; ac- statutes or regulations in order to comply with section 251 of that Act, a final determination of tion where there is affirmative the amendments made by subparagraph (A), the the Secretary of Agriculture under section 293 of finding. amendments made by subparagraph (A) shall that Act, or a final determination of the Sec- ‘‘Sec. 265. Assistance to industries. apply in the case of compensation paid for retary of Commerce under section 299B of that ‘‘CHAPTER 4—COMMUNITY ECONOMIC weeks beginning after the earlier of— Act’’. ADJUSTMENT (aa) the date the State changes its statutes or (4) SCOPE AND STANDARD OF REVIEW.—Section regulations in order to comply with the amend- ‘‘Sec. 271. Definitions. 2640(c) of title 28, United States Code, is amend- ments made by this section; or ‘‘Sec. 272. Office of Community Trade Ad- ed by striking ‘‘under section 223 of the Trade (bb) the end of the first session of the State justment. Act of 1974 or any final determination of the legislature which begins after the date of enact- ‘‘Sec. 273. Notification and certification as Secretary of Commerce under section 251 or sec- ment of this Act or which began prior to such an eligible community. tion 271 of such Act’’ and inserting ‘‘under sec- date and remained in session for at least 25 cal- ‘‘Sec. 274. Community Economic Develop- tion 231 of the Trade Act of 1974, a final deter- endar days after such date; ment Coordinating Committee. mination of the Secretary of Commerce under ‘‘Sec. 275. Community economic adjustment except that in no case shall the amendments section 251 of that Act, a final determination of advisors. made by this Act apply before the date described the Secretary of Agriculture under section 293 of ‘‘Sec. 276. Strategic plans. in clause (i). that Act, or a final determination of the Sec- ‘‘Sec. 277. Grants for economic develop- (II) SESSION DEFINED.—In this clause, the term retary of Commerce under section 299B of that ment. ‘‘session’’ means a regular, special, budget, or Act’’. ‘‘Sec. 278. Authorization of appropriations. other session of a State legislature. (5) RELIEF.—Section 2643(c)(2) of title 28, ‘‘Sec. 279. General provisions.’’. (c) AMENDMENTS TO TITLE 28.— United States Code, is amended by striking (B) CHAPTERS 6 AND 7.—The table of contents (1) CIVIL ACTIONS AGAINST THE UNITED ‘‘under section 223 of the Trade Act of 1974 or for title II of the Trade Act of 1974, as amended STATES.—Section 1581(d) of title 28, United any final determination of the Secretary of by subparagraph (A), is amended by inserting States Code, is amended— Commerce under section 251 or section 271 of after the items relating to chapter 5 the fol- (A) in paragraph (1), by striking ‘‘section 223’’ such Act’’ and inserting ‘‘under section 231 of lowing: and inserting ‘‘section 231’’; the Trade Act of 1974, a final determination of (B) in paragraph (2), by striking ‘‘and’’; and the Secretary of Commerce under section 251 of ‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE FOR (C) by striking paragraph (3), and inserting that Act, a final determination of the Secretary FARMERS the following: of Agriculture under section 293 of that Act, or ‘‘Sec. 291. Definitions. ‘‘(3) any final determination of the Secretary a final determination of the Secretary of Com- ‘‘Sec. 292. Petitions; group eligibility. of Agriculture under section 293 of the Trade merce under section 299B of that Act’’. ‘‘Sec. 293. Determinations by Secretary of Agri- Act of 1974 with respect to the eligibility of an (d) AMENDMENT TO THE FOOD STAMP ACT OF culture. agricultural commodity producer (as defined in 1977.—Section 6(o)(1)(B) of the Food Stamp Act ‘‘Sec. 294. Study by Secretary of Agriculture section 291(2)) for adjustment assistance under of 1977 (7 U.S.C. 2015(o)(1)(B)) is amended by when International Trade Com- such Act; and striking ‘‘section 236’’ and inserting ‘‘section mission begins investigation. ‘‘(4) any final determination of the Secretary 240’’. ‘‘Sec. 295. Benefit information to agricultural of Commerce under section 299B of the Trade TITLE VIII—SAVINGS PROVISIONS AND commodity producers. Act of 1974 with respect to the eligibility of a EFFECTIVE DATE ‘‘Sec. 296. Qualifying requirements for agricul- producer (as defined in section 299(2)) for ad- SEC. 801. SAVINGS PROVISIONS. tural commodity producers. justment assistance under such Act.’’. ‘‘Sec. 297. Fraud and recovery of overpayments. (a) PROCEEDINGS NOT AFFECTED.— (2) PERSONS ENTITLED TO COMMENCE A CIVIL (1) IN GENERAL.—The provisions of this divi- ‘‘Sec. 298. Authorization of appropriations. ACTION.—Section 2631 of title 28, United States sion shall not affect any petition for certifi- ‘‘CHAPTER 7—ADJUSTMENT ASSISTANCE FOR Code, is amended— cation for benefits under chapter 2 of title II of FISHERMEN (A) by amending subsection (d)(1) to read as the Trade Act of 1974 that was in effect on Sep- ‘‘Sec. 299. Definitions. follows: tember 30, 2001. Determinations shall be issued, ‘‘Sec. 299A. Petitions; group eligibility. ‘‘(d)(1) A civil action to review any final de- appeals shall be taken therefrom, and payments ‘‘Sec. 299B. Determinations by Secretary. termination of the Secretary of Labor under sec- shall be made under those determinations, as if ‘‘Sec. 299C. Study by Secretary when Inter- tion 231 of the Trade Act of 1974 with respect to this division had not been enacted, and orders national Trade Commission begins the certification of workers as adversely affected issued in any proceeding shall continue in effect investigation. and eligible for trade adjustment assistance until modified, terminated, superseded, or re- ‘‘Sec. 299D. Benefit information to producers. under that Act may be commenced by a worker, voked by a duly authorized official, by a court ‘‘Sec. 299E. Qualifying requirements for pro- a group of workers, a certified or recognized of competent jurisdiction, or by operation of ducers. union, or an authorized representative of such law. ‘‘Sec. 299F. Fraud and recovery of overpay- worker or group, that petitions for certification (2) MODIFICATION OR DISCONTINUANCE.—Noth- ments. under that Act or is aggrieved by the final de- ing in this subsection shall be deemed to pro- ‘‘Sec. 299G. Authorization of appropriations.’’. termination.’’; hibit the discontinuance or modification of any

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.034 pfrm12 PsN: H26PT1 H3982 CONGRESSIONAL RECORD — HOUSE June 26, 2002 proceeding under the same terms and conditions the period beginning on October 1, 2001 and are adopted under subsection (g), adopt meas- and to the same extent that the proceeding ending on the date that is 90 days after the date ures intended to ensure that the requirements of could have been discontinued or modified if this of enactment of this Act. this section are followed by affected retailers. division had not been enacted. TITLE IX—REVENUE PROVISIONS (2) VIOLATION.—A violation of subsection (b) (b) SUITS NOT AFFECTED.—The provisions of SEC. 901. CUSTOM USER FEES. shall be treated as a violation under the Agri- this division shall not affect any suit com- Section 13031(j)(3) of the Consolidated Omni- cultural Marketing Act of 1946 (7 U.S.C. 1621 et menced before October 1, 2001, and in all those bus Budget Reconciliation Act of 1985 (19 U.S.C. seq.). suits, proceedings shall be had, appeals taken, 58c(j)(3)) is amended by striking ‘‘September 30, (g) REGULATIONS.— and judgments rendered in the same manner 2003’’ and inserting ‘‘December 31, 2010’’. and with the same effect as if this division had (1) IN GENERAL.—The Secretary may promul- not been enacted. TITLE X—MISCELLANEOUS PROVISIONS gate such regulations as are necessary to carry (c) NONABATEMENT OF ACTIONS.—No suit, ac- SEC. 1001. COUNTRY OF ORIGIN LABELING OF out this section within 1 year after the date of tion, or other proceeding commenced by or FISH AND SHELLFISH PRODUCTS. enactment of this Act. against the Federal Government, or by or (a) DEFINITIONS.—In this section: (2) PARTNERSHIPS WITH STATES.—In promul- against any individual in the official capacity (1) COVERED COMMODITY.—The term ‘‘covered gating the regulations, the Secretary shall, to of that individual as an officer of the Federal commodity’’ means— the maximum extent practicable, enter into part- Government, shall abate by reason of enactment (A) a perishable agricultural commodity; and nerships with States that have the enforcement of this Act. (B) any fish or shellfish, and any fillet, steak, infrastructure necessary to carry out this sec- SEC. 802. EFFECTIVE DATE. nugget, or any other flesh from fish or shellfish, tion. whether fresh, chilled, frozen, canned, smoked, (a) IN GENERAL.—Except as otherwise pro- (h) APPLICATION.—This section shall apply to or otherwise preserved. vided in sections 401(b), 501(b), and 701(b)(2)(B), the retail sale of a covered commodity beginning (2) FOOD SERVICE ESTABLISHMENT.—The term titles IX, X, and XI, and subsections (b), (c), ‘‘food service establishment’’ means a res- on the date that is 180 days after the date of en- and (d) of this section, the amendments made by taurant, cafeteria, lunch room, food stand, sa- actment of this Act. this division shall apply to— loon, tavern, bar, lounge, or other similar facil- SEC. 1002. SUGAR POLICY. (1) petitions for certification filed under chap- ity operated as an enterprise engaged in the ter 2 or 3 of title II of the Trade Act of 1974 on (a) FINDINGS.—Congress finds that— business of selling food to the public. or after the date that is 90 days after the date (3) PERISHABLE AGRICULTURAL COMMODITY; (1) the tariff-rate quotas imposed on imports of enactment of this Act; and RETAILER.—The terms ‘‘perishable agricultural of sugar, syrups and sugar-containing products (2) certifications for assistance under chapter commodity’’ and ‘‘retailer’’ have the meanings under chapters 17, 18, 19, and 21 of the Har- 4 of title II of the Trade Act of 1974 issued on given the terms in section 1(b) of the Perishable monized Tariff Schedule of the United States or after the date that is 90 days after the date Agricultural Commodities Act, 1930 (7 U.S.C. are an essential element of United States sugar of enactment of this Act. 499a(b)). policy; (b) WORKERS CERTIFIED AS ELIGIBLE BEFORE (4) SECRETARY.—The term ‘‘Secretary’’ means (2) circumvention of the tariff-rate quotas EFFECTIVE DATE.—Notwithstanding subsection the Secretary of Agriculture, acting through the will, if unchecked, make it impossible to achieve (a), a worker shall continue to receive (or be eli- Agricultural Marketing Service. the objectives of United States sugar policy; gible to receive) trade adjustment assistance and (b) NOTICE OF COUNTRY OF ORIGIN.— (3) the tariff-rate quotas have been cir- other benefits under chapter 2 of title II of the (1) REQUIREMENT.—Except as provided in Trade Act of 1974, as in effect on September 30, cumvented frequently, defeating the purposes of paragraph (3), a retailer of a covered commodity United States sugar policy and causing disrup- 2001, for any week for which the worker meets shall inform consumers, at the final point of the eligibility requirements of such chapter 2 as tion to the United States market for sweeteners, sale of the covered commodity to consumers, of injury to domestic growers, refiners, and proc- in effect on such date, if on or before such date, the country of origin of the covered commodity. the worker— essors of sugar, and adversely affecting legiti- (2) UNITED STATES COUNTRY OF ORIGIN.—A re- mate exporters of sugar to the United States; (1) was certified as eligible for trade adjust- tailer of a covered commodity may designate the ment assistance benefits under such chapter as covered commodity as having a United States (4) it is essential to United States sugar policy in effect on such date; and country of origin only if the covered commodity that the tariff-rate quotas be enforced and that (2) would otherwise be eligible to receive trade is exclusively harvested and processed in the deceptive practices be prevented, including the adjustment assistance benefits under such chap- United States, or in the case of farm-raised fish importation of products with no commercial use ter as in effect on such date. and shellfish, is hatched, raised, harvested, and and failure to disclose all relevant information (c) WORKERS WHO BECAME ELIGIBLE DURING processed in the United States. to the United States Customs Service; and QUALIFIED PERIOD.— (3) EXEMPTION FOR FOOD SERVICE ESTABLISH- (5) unless action is taken to prevent cir- (1) IN GENERAL.—Notwithstanding subsection MENTS.—Paragraph (1) shall not apply to a cov- cumvention, circumvention of the tariff-rate (a) or any other provision of law, including sec- ered commodity if the covered commodity is pre- quotas will continue and will ultimately destroy tion 285 of the Trade Act of 1974, any worker pared or served in a food service establishment, United States sugar policy. who would have been eligible to receive trade and— (b) POLICY.—It is the policy of the United adjustment assistance or other benefits under (A) offered for sale or sold at the food service States to maintain the integrity of the tariff-rate chapter 2 of title II of the Trade Act if 1974 dur- establishment in normal retail quantities; or quotas on sugars, syrups, and sugar-containing ing the qualified period if such chapter 2 had (B) served to consumers at the food service es- products by stopping circumvention as soon as it been in effect during such period, shall be eligi- tablishment. becomes apparent. It is also the policy of the ble to receive trade adjustment assistance and (c) METHOD OF NOTIFICATION.— United States that products not used to cir- other benefits under chapter 2 of title II of the (1) IN GENERAL.—The information required by cumvent the tariff-rate quotas, such as molasses Trade Act of 1974, as in effect on September 30, subsection (b) may be provided to consumers by used for animal feed or for rum, not be affected 2001, for any week during the qualified period means of a label, stamp, mark, placard, or other by any action taken pursuant to this Act. for which the worker meets the eligibility re- clear and visible sign on the covered commodity (c) IDENTIFICATION OF IMPORTS.— quirements of such chapter 2 as in effect on Sep- or on the package, display, holding unit, or bin tember 30, 2001. containing the covered commodity at the final (1) IDENTIFICATION.—Not later than 30 days (2) QUALIFIED PERIOD.—For purposes of this point of sale to consumers. after the date of enactment of this Act, and on subsection, the term ‘‘qualified period’’ means (2) LABELED COMMODITIES.—If the covered a regular basis thereafter, the Secretary of Agri- the period beginning on January 11, 2002 and commodity is already individually labeled for re- culture shall— ending on the date that is 90 days after the date tail sale regarding country of origin, the retailer (A) identify imports of articles that are cir- of enactment of this Act. shall not be required to provide any additional cumventing tariff-rate quotas on sugars, syrups, (d) ADJUSTMENT ASSISTANCE FOR FIRMS.— information to comply with this section. or sugar-containing products imposed under (1) IN GENERAL.—Notwithstanding subsection (d) AUDIT VERIFICATION SYSTEM.—The Sec- chapter 17, 18, 19, or 21 of the Harmonized Tar- (a) or any other provision of law, including sec- retary may require that any person that pre- iff Schedule of the United States; and tion 285 of the Trade Act of 1974, and except as pares, stores, handles, or distributes a covered (B) report to the President the articles found provided in paragraph (2) any firm that would commodity for retail sale maintain a verifiable to be circumventing the tariff-rate quotas. have been eligible to receive adjustment assist- recordkeeping audit trail that will permit the (2) ACTION BY PRESIDENT.—Upon receiving the ance under chapter 3 of title II of the Trade Act Secretary to ensure compliance with the regula- report from the Secretary of Agriculture, the if 1974 during the qualified period if such chap- tions promulgated under subsection (g). President shall, by proclamation, include any ter 3 had been in effect during such period, shall (e) INFORMATION.—Any person engaged in the be eligible to receive adjustment assistance business of supplying a covered commodity to a article identified by the Secretary in the appro- under chapter 3 of title II of the Trade Act of retailer shall provide information to the retailer priate tariff-rate quota provision of the Har- 1974, as in effect on September 30, 2001, for any indicating the country of origin of the covered monized Tariff Schedule. week during the qualified period for which the commodity. TITLE XI—CUSTOMS REAUTHORIZATION firm meets the eligibility requirements of such (f) ENFORCEMENT.— chapter 3 as in effect on September 30, 2001. (1) IN GENERAL.—Each Federal agency having SEC. 1101. SHORT TITLE. (2) QUALIFIED PERIOD.—For purposes of this jurisdiction over retailers of covered commodities This title may be cited as the ‘‘Customs Border subsection, the term ‘‘qualified period’’ means shall, at such time as the necessary regulations Security Act of 2002’’.

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Subtitle A—United States Customs Service (1) UNITED STATES-MEXICO BORDER.—For the (b) FISCAL YEAR 2004.—Of the amounts made CHAPTER 1—DRUG ENFORCEMENT AND United States-Mexico border, the following: available for fiscal year 2004 under section OTHER NONCOMMERCIAL AND COMMER- (A) $6,000,000 for 8 Vehicle and Container In- 301(b)(1)(B) of the Customs Procedural Reform CIAL OPERATIONS spection Systems (VACIS). and Simplification Act of 1978 (19 U.S.C. (B) $11,200,000 for 5 mobile truck x-rays with SEC. 1111. AUTHORIZATION OF APPROPRIATIONS 2075(b)(1)(B)), as amended by section 1111(a) of transmission and backscatter imaging. this title, $9,000,000 shall be available until ex- FOR NONCOMMERCIAL OPERATIONS, (C) $13,000,000 for the upgrade of 8 fixed-site COMMERCIAL OPERATIONS, AND AIR pended for the maintenance and support of the AND MARINE INTERDICTION. truck x-rays from the present energy level of equipment and training of personnel to main- (a) NONCOMMERCIAL OPERATIONS.—Section 450,000 electron volts to 1,000,000 electron volts tain and support the equipment described in 301(b)(1) of the Customs Procedural Reform and (1–MeV). subsection (a). Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) (D) $7,200,000 for 8 1–MeV pallet x-rays. (c) ACQUISITION OF TECHNOLOGICALLY SUPE- (E) $1,000,000 for 200 portable contraband de- is amended— RIOR EQUIPMENT; TRANSFER OF FUNDS.— (1) in subparagraph (A) to read as follows: tectors (busters) to be distributed among ports (1) IN GENERAL.—The Commissioner of Cus- ‘‘(A) $886,513,000 for fiscal year 2003.’’; and where the current allocations are inadequate. toms may use amounts made available for fiscal (F) $600,000 for 50 contraband detection kits to (2) in subparagraph (B) to read as follows: year 2003 under section 301(b)(1)(A) of the Cus- be distributed among all southwest border ports ‘‘(B) $909,471,000 for fiscal year 2004.’’. toms Procedural Reform and Simplification Act based on traffic volume. (b) COMMERCIAL OPERATIONS.— of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by (G) $500,000 for 25 ultrasonic container inspec- (1) IN GENERAL.—Section 301(b)(2)(A) of the section 1111(a) of this title, for the acquisition of tion units to be distributed among all ports re- Customs Procedural Reform and Simplification equipment other than the equipment described ceiving liquid-filled cargo and to ports with a Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is in subsection (a) if such other equipment— hazardous material inspection facility. amended— (A)(i) is technologically superior to the equip- (A) in clause (i) to read as follows: (H) $2,450,000 for 7 automated targeting sys- tems. ment described in subsection (a); and ‘‘(i) $1,603,482,000 for fiscal year 2003.’’; and (ii) will achieve at least the same results at a (B) in clause (ii) to read as follows: (I) $360,000 for 30 rapid tire deflator systems to cost that is the same or less than the equipment ‘‘(ii) $1,645,009,000 for fiscal year 2004.’’. be distributed to those ports where port runners described in subsection (a); or (2) AUTOMATED COMMERCIAL ENVIRONMENT are a threat. (B) can be obtained at a lower cost than the COMPUTER SYSTEM.—Of the amount made avail- (J) $480,000 for 20 portable Treasury Enforce- able for each of fiscal years 2003 and 2004 under ment Communications Systems (TECS) terminals equipment described in subsection (a). (2) TRANSFER OF FUNDS.—Notwithstanding section 301(b)(2)(A) of the Customs Procedural to be moved among ports as needed. any other provision of this section, the Commis- Reform and Simplification Act of 1978 (19 U.S.C. (K) $1,000,000 for 20 remote watch surveillance sioner of Customs may reallocate an amount not 2075(b)(2)(A)), as amended by paragraph (1), camera systems at ports where there are sus- to exceed 10 percent of— $308,000,000 shall be available until expended for picious activities at loading docks, vehicle (A) the amount specified in any of subpara- each such fiscal year for the development, estab- queues, secondary inspection lanes, or areas graphs (A) through (R) of subsection (a)(1) for lishment, and implementation of the Automated where visual surveillance or observation is ob- equipment specified in any other of such sub- Commercial Environment computer system. scured. paragraphs (A) through (R); (3) REPORTS.—Not later than 90 days after the (L) $1,254,000 for 57 weigh-in-motion sensors date of enactment of this Act, and not later to be distributed among the ports with the great- (B) the amount specified in any of subpara- than each subsequent 90-day period, the Com- est volume of outbound traffic. graphs (A) through (G) of subsection (a)(2) for missioner of Customs shall prepare and submit (M) $180,000 for 36 AM traffic information equipment specified in any other of such sub- to the Committee on Ways and Means of the radio stations, with 1 station to be located at paragraphs (A) through (G); and (C) the amount specified in any of subpara- House of Representatives and the Committee on each border crossing. graphs (A) through (E) of subsection (a)(3) for Finance of the Senate a report demonstrating (N) $1,040,000 for 260 inbound vehicle counters equipment specified in any other of such sub- that the development and establishment of the to be installed at every inbound vehicle lane. (O) $950,000 for 38 spotter camera systems to paragraphs (A) through (E). Automated Commercial Environment computer counter the surveillance of customs inspection system is being carried out in a cost-effective SEC. 1113. COMPLIANCE WITH PERFORMANCE activities by persons outside the boundaries of manner and meets the modernization require- PLAN REQUIREMENTS. ports where such surveillance activities are oc- ments of title VI of the North American Free As part of the annual performance plan for curring. each of the fiscal years 2003 and 2004 covering Trade Agreements Implementation Act. (P) $390,000 for 60 inbound commercial truck (c) AIR AND MARINE INTERDICTION.—Section each program activity set forth in the budget of transponders to be distributed to all ports of 301(b)(3) of the Customs Procedural Reform and the United States Customs Service, as required entry. Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) under section 1115 of title 31, United States (Q) $1,600,000 for 40 narcotics vapor and par- Code, the Commissioner of Customs shall estab- is amended— ticle detectors to be distributed to each border (1) in subparagraph (A) to read as follows: lish performance goals, performance indicators, crossing. and comply with all other requirements con- ‘‘(A) $181,860,000 for fiscal year 2003.’’; and (R) $400,000 for license plate reader automatic (2) in subparagraph (B) to read as follows: tained in paragraphs (1) through (6) of sub- targeting software to be installed at each port to ‘‘(B) $186,570,000 for fiscal year 2004.’’. section (a) of such section with respect to each target inbound vehicles. (d) SUBMISSION OF OUT-YEAR BUDGET PROJEC- of the activities to be carried out pursuant to (2) UNITED STATES-CANADA BORDER.—For the TIONS.—Section 301(a) of the Customs Proce- sections 1121 of this title. United States-Canada border, the following: dural Reform and Simplification Act of 1978 (19 (A) $3,000,000 for 4 Vehicle and Container In- CHAPTER 2—CHILD CYBER-SMUGGLING U.S.C. 2075(a)) is amended by adding at the end spection Systems (VACIS). CENTER OF THE CUSTOMS SERVICE the following: (B) $8,800,000 for 4 mobile truck x-rays with ‘‘(3) By not later than the date on which the SEC. 1121. AUTHORIZATION OF APPROPRIATIONS transmission and backscatter imaging. FOR PROGRAM TO PREVENT CHILD President submits to Congress the budget of the (C) $3,600,000 for 4 1–MeV pallet x-rays. PORNOGRAPHY/CHILD SEXUAL EX- United States Government for a fiscal year, the (D) $250,000 for 50 portable contraband detec- PLOITATION. Commissioner of Customs shall submit to the tors (busters) to be distributed among ports (a) AUTHORIZATION OF APPROPRIATIONS.— Committee on Ways and Means of the House of where the current allocations are inadequate. There is authorized to be appropriated to the Representatives and the Committee on Finance (E) $300,000 for 25 contraband detection kits to Customs Service $10,000,000 for fiscal year 2003 of the Senate the projected amount of funds for be distributed among ports based on traffic vol- to carry out the program to prevent child por- the succeeding fiscal year that will be necessary ume. nography/child sexual exploitation established for the operations of the Customs Service as pro- (F) $240,000 for 10 portable Treasury Enforce- by the Child Cyber-Smuggling Center of the vided for in subsection (b).’’. ment Communications Systems (TECS) terminals Customs Service. SEC. 1112. ANTITERRORIST AND ILLICIT NAR- to be moved among ports as needed. (b) USE OF AMOUNTS FOR CHILD PORNOG- COTICS DETECTION EQUIPMENT (G) $400,000 for 10 narcotics vapor and par- RAPHY CYBER TIPLINE.—Of the amount appro- FOR THE UNITED STATES-MEXICO ticle detectors to be distributed to each border priated under subsection (a), the Customs Serv- BORDER, UNITED STATES-CANADA crossing based on traffic volume. ice shall provide 3.75 percent of such amount to BORDER, AND FLORIDA AND THE (3) FLORIDA AND GULF COAST SEAPORTS.—For GULF COAST SEAPORTS. the National Center for Missing and Exploited Florida and the Gulf Coast seaports, the fol- Children for the operation of the child pornog- (a) FISCAL YEAR 2003.—Of the amounts made lowing: available for fiscal year 2003 under section raphy cyber tipline of the Center and for in- (A) $4,500,000 for 6 Vehicle and Container In- creased public awareness of the tipline. 301(b)(1)(A) of the Customs Procedural Reform spection Systems (VACIS). and Simplification Act of 1978 (19 U.S.C. (B) $11,800,000 for 5 mobile truck x-rays with CHAPTER 3—MISCELLANEOUS 2075(b)(1)(A)), as amended by section 1111(a) of transmission and backscatter imaging. PROVISIONS this title, $90,244,000 shall be available until ex- (C) $7,200,000 for 8 1–MeV pallet x-rays. SEC. 1131. ADDITIONAL CUSTOMS SERVICE OFFI- pended for acquisition and other expenses asso- (D) $250,000 for 50 portable contraband detec- CERS FOR UNITED STATES-CANADA ciated with implementation and deployment of tors (busters) to be distributed among ports BORDER. antiterrorist and illicit narcotics detection where the current allocations are inadequate. Of the amount made available for fiscal year equipment along the United States-Mexico bor- (E) $300,000 for 25 contraband detection kits to 2003 under paragraphs (1) and (2)(A) of section der, the United States-Canada border, and Flor- be distributed among ports based on traffic vol- 301(b) of the Customs Procedural Reform and ida and the Gulf Coast seaports, as follows: ume. Simplification Act of 1978 (19 U.S.C. 2075(b)), as

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.034 pfrm12 PsN: H26PT1 H3984 CONGRESSIONAL RECORD — HOUSE June 26, 2002 amended by section 1111 of this title, $25,000,000 fice of Regulations and Rulings of the Customs ‘‘(2) Notwithstanding any other provision of shall be available until expended for the Cus- Service has made improvements to decrease the law, the Commissioner of Customs, when nec- toms Service to hire approximately 285 addi- amount of time to issue prospective rulings from essary to respond to a specific threat to human tional Customs Service officers to address the the date on which a request for the ruling is re- life or national interests, is authorized to close needs of the offices and ports along the United ceived by the Customs Service. temporarily any Customs office or port of entry States-Canada border. (b) REPORT.—Not later than 1 year after the or take any other lesser action that may be nec- SEC. 1132. STUDY AND REPORT RELATING TO date of enactment of this Act, the Comptroller essary to respond to the specific threat. PERSONNEL PRACTICES OF THE General shall submit to the Committee on Ways ‘‘(3) The Secretary of the Treasury or the CUSTOMS SERVICE. and Means of the House of Representatives and Commissioner of Customs, as the case may be, (a) STUDY.—The Commissioner of Customs the Committee on Finance of the Senate a report shall notify the Committee on Ways and Means shall conduct a study of current personnel prac- containing the results of the study conducted of the House of Representatives and the Com- tices of the Customs Service, including an over- under subsection (a). mittee on Finance of the Senate not later than view of performance standards and the effect (c) DEFINITION.—In this section, the term 72 hours after taking any action under para- and impact of the collective bargaining process ‘‘prospective ruling’’ means a ruling that is re- graph (1) or (2).’’. on drug interdiction efforts of the Customs Serv- quested by an importer on goods that are pro- ice and a comparison of duty rotation policies of SEC. 1142. MANDATORY ADVANCED ELECTRONIC posed to be imported into the United States and INFORMATION FOR CARGO AND PAS- the Customs Service and other Federal agencies that relates to the proper classification, valu- SENGERS. that employ similarly-situated personnel. ation, or marking of such goods. (a) CARGO INFORMATION.— (b) REPORT.—Not later than 120 days after the SEC. 1136. STUDY AND REPORT RELATING TO (1) IN GENERAL.—Section 431(b) of the Tariff date of enactment of this Act, the Commissioner CUSTOMS USER FEES. Act of 1930 (19 U.S.C. 1431(b)) is amended— of Customs shall submit to the Committee on (a) STUDY.—The Comptroller General shall (A) in the first sentence, by striking ‘‘Any Ways and Means of the House of Representa- conduct a study on the extent to which the manifest’’ and inserting ‘‘(1) Any manifest’’; tives and the Committee on Finance of the Sen- amount of each customs user fee imposed under and ate a report containing the results of the study section 13031(a) of the Consolidated Omnibus (B) by adding at the end the following: conducted under subsection (a). Budget Reconciliation Act of 1985 (19 U.S.C. ‘‘(2) In addition to any other requirement SEC. 1133. STUDY AND REPORT RELATING TO AC- 58c(a)) is commensurate with the level of serv- under this section, for each land, air, or vessel COUNTING AND AUDITING PROCE- ices provided by the Customs Service relating to carrier required to make entry or obtain clear- DURES OF THE CUSTOMS SERVICE. the fee so imposed. (a) STUDY.—(1) The Commissioner of Customs ance under the customs laws of the United (b) REPORT.—Not later than 120 days after the States, the pilot, the master, operator, or owner shall conduct a study of actions by the Customs date of enactment of this Act, the Comptroller Service to ensure that appropriate training is of such carrier (or the authorized agent of such General shall submit to the Committee on Ways operator or owner) shall provide by electronic being provided to Customs Service personnel and Means of the House of Representatives and who are responsible for financial auditing of im- transmission cargo manifest information in ad- the Committee on Finance of the Senate a report vance of such entry or clearance in such man- porters. in classified form containing— (2) In conducting the study, the ner, time, and form as prescribed under regula- (1) the results of the study conducted under tions by the Secretary. The Secretary may ex- Commissioner— subsection (a); and (A) shall specifically identify those actions clude any class of land, air, or vessel carrier for (2) recommendations for the appropriate taken to comply with provisions of law that pro- which the Secretary concludes the requirements amount of the customs user fees if such results tect the privacy and trade secrets of importers, of this subparagraph are not necessary.’’. indicate that the fees are not commensurate such as section 552(b) of title 5, United States (2) CONFORMING AMENDMENTS.—Subpara- with the level of services provided by the Cus- Code, and section 1905 of title 18, United States graphs (A) and (C) of section 431(d)(1) of such toms Service. Code; and Act are each amended by inserting before the (B) shall provide for public notice and com- SEC. 1137. AUTHORIZATION OF APPROPRIATIONS semicolon ‘‘or subsection (b)(2)’’. FOR CUSTOMS STAFFING. ment relating to verification of the actions de- (b) PASSENGER INFORMATION.—Part II of title There are authorized to be appropriated to the scribed in subparagraph (A). IV of the Tariff Act of 1930 (19 U.S.C. 1431 et Department of Treasury such sums as may be (b) REPORT.—Not later than 6 months after seq.) is amended by inserting after section 431 necessary to provide an increase in the annual the date of enactment of this Act, the Commis- the following: sioner of Customs shall submit to the Committee rate of basic pay— (1) for all journeyman Customs inspectors and ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- on Ways and Means of the House of Represent- Canine Enforcement Officers who have com- FORMATION REQUIRED FOR LAND, atives and the Committee on Finance of the Sen- pleted at least one year’s service and are receiv- AIR, OR VESSEL CARRIERS. ate a report containing the results of the study ing an annual rate of basic pay for positions at ‘‘(a) IN GENERAL.—For every person arriving conducted under subsection (a). GS–9 of the General Schedule under section 5332 or departing on a land, air, or vessel carrier re- SEC. 1134. ESTABLISHMENT AND IMPLEMENTA- of title 5, United States Code, from the annual quired to make entry or obtain clearance under TION OF COST ACCOUNTING SYS- the customs laws of the United States, the pilot, TEM; REPORTS. rate of basic pay payable for positions at GS–9 of the General Schedule under section 5332, to the master, operator, or owner of such carrier (a) ESTABLISHMENT AND IMPLEMENTATION.— (or the authorized agent of such operator or (1) IN GENERAL.—Not later than September 30, an annual rate of basic pay payable for posi- owner) shall provide by electronic transmission 2003, the Commissioner of Customs shall, in ac- tions at GS–11 of the General Schedule under manifest information described in subsection (b) cordance with the audit of the Customs Service’s such section 5332; and in advance of such entry or clearance in such fiscal years 2000 and 1999 financial statements (2) for the support staff associated with the manner, time, and form as prescribed under reg- (as contained in the report of the Office of the personnel described in subparagraph (A), at the ulations by the Secretary. Inspector General of the Department of the appropriate GS level of the General Schedule ‘‘(b) INFORMATION DESCRIBED.—The informa- Treasury issued on February 23, 2001), establish under such section 5332. tion described in this subsection shall include and implement a cost accounting system for ex- CHAPTER 4—ANTITERRORISM for each person described in subsection (a), the penses incurred in both commercial and non- PROVISIONS person’s— commercial operations of the Customs Service. SEC. 1141. EMERGENCY ADJUSTMENTS TO OF- ‘‘(1) full name; (2) ADDITIONAL REQUIREMENT.—The cost ac- FICES, PORTS OF ENTRY, OR STAFF- ‘‘(2) date of birth and citizenship; counting system described in paragraph (1) shall ING OF THE CUSTOMS SERVICE. provide for an identification of expenses based Section 318 of the Tariff Act of 1930 (19 U.S.C. ‘‘(3) gender; on the type of operation, the port at which the 1318) is amended— ‘‘(4) passport number and country of issuance; operation took place, the amount of time spent (1) by striking ‘‘Whenever the President’’ and ‘‘(5) United States visa number or resident on the operation by personnel of the Customs inserting ‘‘(a) Whenever the President’’; and alien card number, as applicable; Service, and an identification of expenses based (2) by adding at the end the following: ‘‘(6) passenger name record; and on any other appropriate classification nec- ‘‘(b)(1) Notwithstanding any other provision ‘‘(7) such additional information that the Sec- essary to provide for an accurate and complete of law, the Secretary of the Treasury, when nec- retary, by regulation, determines is reasonably accounting of the expenses. essary to respond to a national emergency de- necessary to ensure aviation and maritime safe- (b) REPORTS.—Beginning on the date of enact- clared under the National Emergencies Act (50 ty pursuant to the laws enforced or adminis- ment of this Act and ending on the date on U.S.C. 1601 et seq.) or to a specific threat to tered by the Customs Service.’’. which the cost accounting system described in human life or national interests, is authorized (c) DEFINITION.—Section 401 of the Tariff Act subsection (a) is fully implemented, the Commis- to take the following actions on a temporary of 1930 (19 U.S.C. 1401) is amended by adding at sioner of Customs shall prepare and submit to basis: the end the following: Congress on a quarterly basis a report on the ‘‘(A) Eliminate, consolidate, or relocate any ‘‘(t) The term ‘land, air, or vessel carrier’ progress of implementing the cost accounting office or port of entry of the Customs Service. means a land, air, or vessel carrier, as the case system pursuant to subsection (a). ‘‘(B) Modify hours of service, alter services may be, that transports goods or passengers for SEC. 1135. STUDY AND REPORT RELATING TO rendered at any location, or reduce the number payment or other consideration, including TIMELINESS OF PROSPECTIVE RUL- of employees at any location. money or services rendered.’’. INGS. ‘‘(C) Take any other action that may be nec- (d) EFFECTIVE DATE.—The amendments made (a) STUDY.—The Comptroller General shall essary to directly respond to the national emer- by this section shall take effect beginning 45 conduct a study on the extent to which the Of- gency or specific threat. days after the date of enactment of this Act.

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SEC. 1143. BORDER SEARCH AUTHORITY FOR CER- thorize any other person to read, any cor- (b) REPORT.—Not later than 9 months after TAIN CONTRABAND IN OUTBOUND respondence contained in mail sealed against in- the date of enactment of this Act, the Comp- MAIL. spection unless prior to so reading— troller General shall submit to the Committee on (a) IN GENERAL.—The Tariff Act of 1930 is ‘‘(A) a search warrant has been issued pursu- Ways and Means of the House of Representa- amended by inserting after section 582 the fol- ant to rule 41 of the Federal Rules of Criminal tives and Committee on Finance of the Senate a lowing: Procedure; or report that contains the results of the study ‘‘SEC. 583. EXAMINATION OF OUTBOUND MAIL. ‘‘(B) the sender or addressee has given written conducted under subsection (a), including rec- ‘‘(a) EXAMINATION.— authorization for such reading. ommendations for improvements to the trans- ‘‘(1) IN GENERAL.—For purposes of ensuring ‘‘(d) SEARCH OF MAIL SEALED AGAINST IN- shipment monitoring system if applicable. compliance with the Customs laws of the United SPECTION WEIGHING 16 OUNCES OR LESS.—Not- (c) TRANSSHIPMENT DESCRIBED.—Trans- States and other laws enforced by the Customs withstanding any other provision of this sec- shipment within the meaning of this section has Service, including the provisions of law de- tion, subsection (a)(1) shall not apply to mail occurred when preferential treatment under any scribed in paragraph (2), a Customs officer may, weighing 16 ounces or less sealed against inspec- provision of law has been claimed for a textile or subject to the provisions of this section, stop and tion under the postal laws and regulations of apparel article on the basis of material false in- search at the border, without a search warrant, the United States.’’. formation concerning the country of origin, mail of domestic origin transmitted for export by (b) CERTIFICATION BY SECRETARY.—Not later manufacture, processing, or assembly of the ar- the United States Postal Service and foreign than 3 months after the date of enactment of ticle or any of its components. For purposes of mail transiting the United States that is being this section, the Secretary of State shall deter- the preceding sentence, false information is ma- imported or exported by the United States Postal mine whether the application of section 583 of terial if disclosure of the true information would Service. the Tariff Act of 1930 to foreign mail transiting mean or would have meant that the article is or ‘‘(2) PROVISIONS OF LAW DESCRIBED.—The pro- the United States that is imported or exported was ineligible for preferential treatment under visions of law described in this paragraph are by the United States Postal Service is being han- the provision of law in question. the following: dled in a manner consistent with international SEC. 1152. AUTHORIZATION OF APPROPRIATIONS ‘‘(A) Section 5316 of title 31, United States law and any international obligation of the FOR TEXTILE TRANSSHIPMENT EN- Code (relating to reports on exporting and im- United States. Section 583 of such Act shall not FORCEMENT OPERATIONS. porting monetary instruments). apply to such foreign mail unless the Secretary (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) Sections 1461, 1463, 1465, and 1466, and certifies to Congress that the application of such (1) IN GENERAL.—There is authorized to be ap- chapter 110 of title 18, United States Code (relat- section 583 is consistent with international law propriated for textile transshipment enforcement ing to obscenity and child pornography). and any international obligation of the United operations of the Customs Service $9,500,000 for ‘‘(C) Section 1003 of the Controlled Substances fiscal year 2003. Import and Export Act (relating to exportation States. (c) EFFECTIVE DATE.— (2) AVAILABILITY.—Amounts appropriated of controlled substances) (21 U.S.C. 953). pursuant to the authorization of appropriations ‘‘(D) The Export Administration Act of 1979 (1) IN GENERAL.—Except as provided in para- graph (2), this section and the amendments under paragraph (1) are authorized to remain (50 U.S.C. App. 2401 et seq.). available until expended. ‘‘(E) Section 38 of the Arms Export Control made by this section shall take effect on the (b) USE OF FUNDS.—Of the amount appro- Act (22 U.S.C. 2778). date of enactment of this Act. priated pursuant to the authorization of appro- ‘‘(F) The International Emergency Economic (2) CERTIFICATION WITH RESPECT TO FOREIGN priations under subsection (a), the following Powers Act (50 U.S.C. 1701 et seq.). MAIL.—The provisions of section 583 of the Tar- amounts are authorized to be made available for ‘‘(b) SEARCH OF MAIL NOT SEALED AGAINST iff Act of 1930 relating to foreign mail transiting the following purposes: INSPECTION AND OTHER MAIL.—Mail not sealed the United States that is imported or exported (1) IMPORT SPECIALISTS.—$1,463,000 for 21 against inspection under the postal laws and by the United States Postal Service shall not Customs import specialists to be assigned to se- regulations of the United States, mail which take effect until the Secretary of State certifies lected ports for documentation review to support bears a Customs declaration, and mail with re- to Congress, pursuant to subsection (b), that the detentions and exclusions and 1 additional Cus- spect to which the sender or addressee has con- application of such section 583 is consistent with toms import specialist assigned to the Customs sented in writing to search, may be searched by international law and any international obliga- headquarters textile program to administer the a Customs officer. tion of the United States. program and provide oversight. ‘‘(c) SEARCH OF MAIL SEALED AGAINST INSPEC- SEC. 1144. AUTHORIZATION OF APPROPRIATIONS (2) INSPECTORS.—$652,080 for 10 Customs in- TION WEIGHING IN EXCESS OF 16 OUNCES.— FOR REESTABLISHMENT OF CUS- spectors to be assigned to selected ports to exam- ‘‘(1) IN GENERAL.—Mail weighing in excess of TOMS OPERATIONS IN NEW YORK 16 ounces sealed against inspection under the CITY. ine targeted high-risk shipments. (3) INVESTIGATORS.—(A) $1,165,380 for 10 in- postal laws and regulations of the United States (a) AUTHORIZATION OF APPROPRIATIONS.— vestigators to be assigned to selected ports to in- may be searched by a Customs officer, subject to (1) IN GENERAL.—There is authorized to be ap- vestigate instances of smuggling, quota and paragraph (2), if there is reasonable cause to propriated for the reestablishment of operations trade agreement circumvention, and use of suspect that such mail contains one or more of of the Customs Service in New York, New York, counterfeit visas to enter inadmissible goods. the following: such sums as may be necessary for fiscal year (B) $149,603 for 1 investigator to be assigned to ‘‘(A) Monetary instruments, as defined in sec- 2003. Customs headquarters textile program to coordi- tion 1956 of title 18, United States Code. (2) OPERATIONS DESCRIBED.—The operations ‘‘(B) A weapon of mass destruction, as defined referred to in paragraph (1) include, but are not nate and ensure implementation of textile pro- in section 2332a(b) of title 18, United States limited to, the following: duction verification team results from an inves- Code. (A) Operations relating to the Port Director of tigation perspective. ‘‘(C) A drug or other substance listed in New York City, the New York Customs Manage- (4) INTERNATIONAL TRADE SPECIALISTS.— schedule I, II, III, or IV in section 202 of the ment Center (including the Director of Field Op- $226,500 for 3 international trade specialists to Controlled Substances Act (21 U.S.C. 812). erations), and the Special Agent-In-Charge for be assigned to Customs headquarters to be dedi- ‘‘(D) National defense and related information New York. cated to illegal textile transshipment policy transmitted in violation of any of sections 793 (B) Commercial operations, including textile issues and other free trade agreement enforce- through 798 of title 18, United States Code. enforcement operations and salaries and ex- ment issues. (5) PERMANENT IMPORT SPECIALISTS FOR HONG ‘‘(E) Merchandise mailed in violation of sec- penses of— KONG.—$500,000 for 2 permanent import spe- tion 1715 or 1716 of title 18, United States Code. (i) trade specialists who determine the origin cialist positions and $500,000 for 2 investigators ‘‘(F) Merchandise mailed in violation of any and value of merchandise; to be assigned to Hong Kong to work with Hong provision of chapter 71 (relating to obscenity) or (ii) analysts who monitor the entry data into Kong and other government authorities in chapter 110 (relating to sexual exploitation and the United States of textiles and textile prod- Southeast Asia to assist such authorities pursue other abuse of children) of title 18, United States ucts; and proactive enforcement of bilateral trade agree- Code. (iii) Customs officials who work with foreign ments. ‘‘(G) Merchandise mailed in violation of the governments to examine textile makers and (6) VARIOUS PERMANENT TRADE POSITIONS.— Export Administration Act of 1979 (50 U.S.C. verify entry information. $3,500,000 for the following: App. 2401 et seq.). (b) AVAILABILITY.—Amounts appropriated (A) 2 permanent positions to be assigned to ‘‘(H) Merchandise mailed in violation of sec- pursuant to the authorization of appropriations the Customs attache´ office in Central America to tion 38 of the Arms Export Control Act (22 under subsection (a) are authorized to remain address trade enforcement issues for that region. U.S.C. 2778). available until expended. ‘‘(I) Merchandise mailed in violation of the (B) 2 permanent positions to be assigned to International Emergency Economic Powers Act CHAPTER 5—TEXTILE TRANSSHIPMENT the Customs attache´ office in South Africa to (50 U.S.C. 1701 et seq.). PROVISIONS address trade enforcement issues pursuant to ‘‘(J) Merchandise mailed in violation of the SEC. 1151. GAO AUDIT OF TEXTILE TRANS- the African Growth and Opportunity Act (title Trading with the Enemy Act (50 U.S.C. App. 1 SHIPMENT MONITORING BY CUS- I of Public Law 106–200). et seq.). TOMS SERVICE. (C) 4 permanent positions to be assigned to the ‘‘(K) Merchandise subject to any other law (a) GAO AUDIT.—The Comptroller General of Customs attache´ office in Mexico to address the enforced by the Customs Service. the United States shall conduct an audit of the threat of illegal textile transshipment through ‘‘(2) LIMITATION.—No person acting under the system established and carried out by the Cus- Mexico and other related issues under the North authority of paragraph (1) shall read, or au- toms Service to monitor textile transshipment. American Free Trade Agreement Act.

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.035 pfrm12 PsN: H26PT1 H3986 CONGRESSIONAL RECORD — HOUSE June 26, 2002 (D) 2 permanent positions to be assigned to (19 U.S.C. 2171(g)) is amended by adding at the to as ‘‘customs user fees’’) provided for in sec- the Customs attache´ office in Seoul, South end the following: tion 13031 of the Consolidated Omnibus Budget Korea, to address the trade issues in the geo- ‘‘(3) By not later than the date on which the Reconciliation Act of 1985 (19 U.S.C. 58c) may be graphic region. President submits to Congress the budget of the used only for the operations and programs of (E) 2 permanent positions to be assigned to the United States Government for a fiscal year, the the United States Customs Service. proposed Customs attache´ office in New Delhi, United States Trade Representative shall submit DIVISION B—BIPARTISAN TRADE India, to address the threat of illegal textile to the Committee on Ways and Means of the PROMOTION AUTHORITY transshipment and other trade enforcement House of Representatives and the Committee on TITLE XXI—TRADE PROMOTION issues. Finance of the Senate the projected amount of AUTHORITY (F) 2 permanent positions to be assigned to the funds for the succeeding fiscal year that will be SEC. 2101. SHORT TITLE; FINDINGS. Customs attache´ office in Rome, Italy, to ad- necessary for the Office to carry out its func- (a) SHORT TITLE.—This title may be cited as tions.’’. dress trade enforcement issues in the geographic the ‘‘Bipartisan Trade Promotion Authority Act (c) ADDITIONAL STAFF FOR OFFICE OF ASSIST- region, including issues under free trade agree- of 2002’’. ANT U.S. TRADE REPRESENTATIVE FOR CONGRES- ments with Jordan and Israel. (b) FINDINGS.—Congress makes the following (7) ATTORNEYS.—$179,886 for 2 attorneys for SIONAL AFFAIRS.— findings: the Office of the Chief Counsel of the Customs (1) IN GENERAL.—There is authorized to be ap- (1) The expansion of international trade is Service to pursue cases regarding illegal textile propriated such sums as may be necessary for vital to the national security of the United transshipment. fiscal year 2003 for the salaries and expenses of States. Trade is critical to the economic growth (8) AUDITORS.—$510,000 for 6 Customs audi- two additional legislative specialist employee po- and strength of the United States and to its tors to perform internal control reviews and doc- sitions within the Office of the Assistant United leadership in the world. Stable trading relation- ument and record reviews of suspect importers. States Trade Representative for Congressional ships promote security and prosperity. Trade (9) ADDITIONAL TRAVEL FUNDS.—$250,000 for Affairs. agreements today serve the same purposes that deployment of additional textile production (2) AVAILABILITY.—Amounts appropriated security pacts played during the Cold War, verification teams to sub-Saharan Africa. pursuant to the authorization of appropriations binding nations together through a series of mu- (10) TRAINING.—(A) $75,000 for training of under paragraph (1) are authorized to remain tual rights and obligations. Leadership by the Customs personnel. available until expended. United States in international trade fosters open (B) $200,000 for training for foreign counter- Subtitle C—United States International Trade markets, democracy, and peace throughout the parts in risk management analytical techniques Commission world. and for teaching factory inspection techniques, SEC. 1171. AUTHORIZATION OF APPROPRIATIONS. (2) The national security of the United States model law Development, and enforcement tech- (a) IN GENERAL.—Section 330(e)(2)(A) of the depends on its economic security, which in turn niques. Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is is founded upon a vibrant and growing indus- (11) OUTREACH.—$60,000 for outreach efforts amended— trial base. Trade expansion has been the engine to United States importers. (1) in clause (i) to read as follows: of economic growth. Trade agreements maximize SEC. 1153. IMPLEMENTATION OF THE AFRICAN ‘‘(i) $51,400,000 for fiscal year 2003.’’; and opportunities for the critical sectors and build- GROWTH AND OPPORTUNITY ACT. (2) in clause (ii) to read as follows: ing blocks of the economy of the United States, Of the amount made available for fiscal year ‘‘(ii) $53,400,000 for fiscal year 2004.’’. such as information technology, telecommuni- 2003 under section 301(b)(2)(A) of the Customs (b) SUBMISSION OF OUT-YEAR BUDGET PROJEC- cations and other leading technologies, basic in- Procedural Reform and Simplification Act of TIONS.—Section 330(e) of the Tariff Act of 1930 dustries, capital equipment, medical equipment, 1978 (19 U.S.C. 2075(b)(2)(A)), as amended by (19 U.S.C. 1330(e)(2)) is amended by adding at services, agriculture, environmental technology, section 1111(b)(1) of this title, $1,317,000 shall be the end the following: and intellectual property. Trade will create new available until expended for the Customs Service ‘‘(4) By not later than the date on which the opportunities for the United States and preserve to provide technical assistance to help sub-Sa- President submits to Congress the budget of the the unparalleled strength of the United States haran Africa countries develop and implement United States Government for a fiscal year, the in economic, political, and military affairs. The effective visa and anti-transshipment systems as Commission shall submit to the Committee on United States, secured by expanding trade and required by the African Growth and Oppor- Ways and Means of the House of Representa- economic opportunities, will meet the challenges tunity Act (title I of Public Law 106–200), as fol- tives and the Committee on Finance of the Sen- of the twenty-first century. lows: ate the projected amount of funds for the suc- (3) Support for continued trade expansion re- (1) TRAVEL FUNDS.—$600,000 for import spe- ceeding fiscal year that will be necessary for the quires that dispute settlement procedures under cialists, special agents, and other qualified Cus- Commission to carry out its functions.’’. international trade agreements not add to or di- toms personnel to travel to sub-Saharan Africa Subtitle D—Other Trade Provisions minish the rights and obligations provided in such agreements. Nevertheless, in several cases, countries to provide technical assistance in de- SEC. 1181. INCREASE IN AGGREGATE VALUE OF veloping and implementing effective visa and ARTICLES EXEMPT FROM DUTY AC- dispute settlement panels and the WTO Appel- anti-transshipment systems. QUIRED ABROAD BY UNITED STATES late Body have added to obligations and dimin- (2) IMPORT SPECIALISTS.—$266,000 for 4 import RESIDENTS. ished rights of the United States under WTO specialists to be assigned to Customs head- (a) IN GENERAL.—Subheading 9804.00.65 of the Agreements. In particular, dispute settlement quarters to be dedicated to providing technical Harmonized Tariff Schedule of the United panels and the Appellate Body have— assistance to sub-Saharan African countries for States is amended in the article description col- (A) given insufficient deference to the exper- developing and implementing effective visa and umn by striking ‘‘$400’’ and inserting ‘‘$800’’. tise and fact-finding of the Department of Com- anti-transshipment systems. (b) EFFECTIVE DATE.—The amendment made merce and the United States International (3) DATA RECONCILIATION ANALYSTS.—$151,000 by subsection (a) shall take effect 90 days after Trade Commission; for 2 data reconciliation analysts to review ap- the date of enactment of this Act. (B) imposed an obligation concerning the parel shipments. SEC. 1182. REGULATORY AUDIT PROCEDURES. causal relationship between increased imports (4) SPECIAL AGENTS.—$300,000 for 2 special Section 509(b) of the Tariff Act of 1930 (19 into the United States and serious injury to do- agents to be assigned to Customs headquarters U.S.C. 1509(b)) is amended by adding at the end mestic industry necessary to support a safe- to be available to provide technical assistance to the following: guard measure that is different from the obliga- sub-Saharan African countries in the perform- ‘‘(6)(A) If during the course of any audit con- tion set forth in the applicable WTO Agree- ance of investigations and other enforcement cluded under this subsection, the Customs Serv- ments; initiatives. ice identifies overpayments of duties or fees or (C) imposed an obligation concerning the ex- over-declarations of quantities or values that clusion from safeguards measures of products Subtitle B—Office of the United States Trade imported from countries party to a free trade Representative are within the time period and scope of the audit that the Customs Service has defined, agreement that is different from the obligation SEC. 1161. AUTHORIZATION OF APPROPRIATIONS. then in calculating the loss of revenue or mone- set forth in the applicable WTO Agreements; (a) IN GENERAL.—Section 141(g)(1) of the (D) imposed obligations on the Department of tary penalties under section 592, the Customs Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is Commerce with respect to the use of facts avail- Service shall treat the overpayments or over-dec- amended— able in antidumping investigations that are dif- larations on finally liquidated entries as an off- (1) in subparagraph (A)— ferent from the obligations set forth in the appli- set to any underpayments or underdeclarations (A) in the matter preceding clause (i), by cable WTO Agreements; and also identified on finally liquidated entries if striking ‘‘not to exceed’’; (E) accorded insufficient deference to the De- such overpayments or over-declarations were (B) in clause (i) to read as follows: partment of Commerce’s methodology for adjust- not made by the person being audited for the ‘‘(i) $30,000,000 for fiscal year 2003.’’; and ing countervailing duties following the privat- purpose of violating any provision of law. (C) in clause (ii) to read as follows: ization of a subsidized foreign producer. ‘‘(B) Nothing in this paragraph shall be con- ‘‘(ii) $31,000,000 for fiscal year 2004.’’; and strued to authorize a refund not otherwise au- SEC. 2102. TRADE NEGOTIATING OBJECTIVES. (2) in subparagraph (B)— (a) OVERALL TRADE NEGOTIATING OBJEC- thorized under section 520.’’. (A) in clause (i), by adding ‘‘and’’ at the end; TIVES.—The overall trade negotiating objectives (B) by striking clause (ii); and Subtitle E—Sense of Senate of the United States for agreements subject to (C) by redesignating clause (iii) as clause (ii). SEC. 1191. SENSE OF SENATE. the provisions of section 2103 are— (b) SUBMISSION OF OUT-YEAR BUDGET PROJEC- It is the sense of the Senate that fees collected (1) to obtain more open, equitable, and recip- TIONS.—Section 141(g) of the Trade Act of 1974 for certain customs services (commonly referred rocal market access;

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.035 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3987 (2) to obtain the reduction or elimination of consistent with United States legal principles transparency is to obtain wider and broader ap- barriers and distortions that are directly related and practice; plication of the principle of transparency to trade and that decrease market opportunities (E) seeking to establish standards for fair and through— for United States exports or otherwise distort equitable treatment consistent with United (A) increased and more timely public access to United States trade; States legal principles and practice, including information regarding trade issues and the ac- (3) to further strengthen the system of inter- the principle of due process; tivities of international trade institutions; national trading disciplines and procedures, in- (F) providing meaningful procedures for re- (B) increased openness at the WTO and other cluding dispute settlement; solving investment disputes; international trade fora by increasing public ac- (4) to foster economic growth, raise living (G) seeking to improve mechanisms used to re- cess to appropriate meetings, proceedings, and standards, and promote full employment in the solve disputes between an investor and a gov- submissions, including with regard to dispute United States and to enhance the global econ- ernment through— settlement and investment; and omy; (i) mechanisms to eliminate frivolous claims (C) increased and more timely public access to (5) to ensure that trade and environmental and to deter the filing of frivolous claims; policies are mutually supportive and to seek to all notifications and supporting documentation (ii) procedures to ensure the efficient selection submitted by parties to the WTO. protect and preserve the environment and en- of arbitrators and the expeditious disposition of hance the international means of doing so, (6) ANTI-CORRUPTION.—The principal negoti- claims; ating objectives of the United States with re- while optimizing the use of the world’s re- (iii) procedures to enhance opportunities for spect to the use of money or other things of sources; public input into the formulation of government value to influence acts, decisions, or omissions (6) to promote respect for worker rights and positions; and of foreign governments or officials or to secure the rights of children consistent with core labor (iv) establishment of a single appellate body to any improper advantage in a manner affecting standards of the International Labor Organiza- review decisions in investor-to-government dis- trade are— tion (as defined in section 2113(2)) and an un- putes and thereby provide coherence to the in- derstanding of the relationship between trade terpretations of investment provisions in trade (A) to obtain high standards and appropriate and worker rights; agreements; and domestic enforcement mechanisms applicable to (7) to seek provisions in trade agreements (H) ensuring the fullest measure of trans- persons from all countries participating in the under which parties to those agreements strive parency in the dispute settlement mechanism, to applicable trade agreement that prohibit such to ensure that they do not weaken or reduce the the extent consistent with the need to protect in- attempts to influence acts, decisions, or omis- protections afforded in domestic environmental formation that is classified or business confiden- sions of foreign governments; and and labor laws as an encouragement fortrade; tial, by— (B) to ensure that such standards do not place and (i) ensuring that all requests for dispute settle- United States persons at a competitive disadvan- (8) to ensure that trade agreements afford ment are promptly made public; tage in international trade. small businesses equal access to international (ii) ensuring that— (7) IMPROVEMENT OF THE WTO AND MULTILAT- markets, equitable trade benefits, expanded ex- (I) all proceedings, submissions, findings, and ERAL TRADE AGREEMENTS.—The principal nego- port market opportunities, and provide for the decisions are promptly made public; tiating objectives of the United States regarding reduction or elimination of trade barriers that (II) all hearings are open to the public; and the improvement of the World Trade Organiza- disproportionately impact small business. (iii) establishing a mechanism for acceptance tion, the Uruguay Round Agreements, and other (b) PRINCIPAL TRADE NEGOTIATING OBJEC- of amicus curiae submissions from businesses, multilateral and bilateral trade agreements TIVES.— unions, and nongovernmental organizations. are— (1) TRADE BARRIERS AND DISTORTIONS.—The (4) INTELLECTUAL PROPERTY.—The principal (A) to achieve full implementation and extend principal negotiating objectives of the United negotiating objectives of the United States re- the coverage of the World Trade Organization States regarding trade barriers and other trade garding trade-related intellectual property are— and such agreements to products, sectors, and distortions are— (A) to further promote adequate and effective conditions of trade not adequately covered; and (A) to expand competitive market opportuni- protection of intellectual property rights, in- ties for United States exports including motor (B) to expand country participation in and cluding through— vehicles and vehicle parts and to obtain fairer enhancement of the Information Technology (i)(I) ensuring accelerated and full implemen- and more open conditions of trade by reducing Agreement and other trade agreements. tation of the Agreement on Trade-Related As- or eliminating tariff and nontariff barriers and (8) REGULATORY PRACTICES.—The principal pects of Intellectual Property Rights referred to policies and practices of foreign governments di- negotiating objectives of the United States re- in section 101(d)(1 5) of the Uruguay Round rectly related to trade that decrease market op- garding the use of government regulation or Agreements Act (19 U.S.C. 3511(d)(15)), particu- portunities for United States exports or other- other practices by foreign governments to pro- larly with respect to meeting enforcement obli- wise distort United States trade; and vide a competitive advantage to their domestic (B) to obtain reciprocal tariff and nontariff gations under that agreement; and producers, service providers, or investors and barrier elimination agreements, with particular (II) ensuring that the provisions of any multi- thereby reduce market access for United States attention to those tariff categories covered in lateral or bilateral trade agreement governing goods, services, and investments are— section 111(b) of the Uruguay Round Agree- intellectual property rights that is entered into (A) to achieve increased transparency and op- ments Act (19 U.S.C. 3521(b)). by the United States reflect a standard of pro- portunity for the participation of affected par- (2) TRADE IN SERVICES.—The principal negoti- tection similar to that found in United States ties in the development of regulations; ating objective of the United States regarding law; (B) to require that proposed regulations be trade in services is to reduce or eliminate bar- (ii) providing strong protection for new and based on sound science, cost-benefit analysis, riers to international trade in services, including emerging technologies and new methods of risk assessment, or other objective evidence; regulatory and other barriers that deny na- transmitting and distributing products embody- (C) to establish consultative mechanisms tional treatment and market access or unreason- ing intellectual property; among parties to trade agreements to promote ably restrict the establishment or operations of (iii) preventing or eliminating discrimination increased transparency in developing guide- service suppliers. with respect to matters affecting the avail- lines, rules, regulations, and laws for govern- (3) FOREIGN INVESTMENT.—Recognizing that ability, acquisition, scope, maintenance, use, ment procurement and other regulatory regimes; United States law on the whole provides a high and enforcement of intellectual property rights; and (iv) ensuring that standards of protection and level of protection for investment, consistent (D) to achieve the elimination of government enforcement keep pace with technological devel- with or greater than the level required by inter- measures such as price controls and reference opments, and in particular ensuring that national law, the principal negotiating objec- pricing which deny full market access for rightholders have the legal and technological tives of the United States regarding foreign in- United States products. vestment are to reduce or eliminate artificial or means to control the use of their works through the Internet and other global communication (9) ELECTRONIC COMMERCE.—The principal trade-distorting barriers to trade-related foreign negotiating objectives of the United States with investment, while ensuring that foreign inves- media, and to prevent the unauthorized use of their works; and respect to electronic commerce are— tors in the United States are not accorded great- (A) to ensure that current obligations, rules, er rights than United States investors in the (v) providing strong enforcement of intellec- tual property rights, including through acces- disciplines, and commitments under the World United States, and to secure for investors impor- Trade Organization apply to electronic com- tant rights comparable to those that would be sible, expeditious, and effective civil, adminis- trative, and criminal enforcement mechanisms; merce; available under United States legal principles (B) to ensure that— and practice, by— (B) to secure fair, equitable, and nondiscrim- (A) reducing or eliminating exceptions to the inatory market access opportunities for United (i) electronically delivered goods and services principle of national treatment; States persons that rely upon intellectual prop- receive no less favorable treatment under trade (B) freeing the transfer of funds relating to erty protection; and rules and commitments than like products deliv- investments; (C) to respect the Declaration on the TRIPS ered in physical form; and (C) reducing or eliminating performance re- Agreement and Public Health, adopted by the (ii) the classification of such goods and serv- quirements, forced technology transfers, and World Trade Organization at the Fourth Min- ices ensures the most liberal trade treatment other unreasonable barriers to the establishment isterial Conference at Doha, Qatar on November possible; and operation of investments; 14, 2001. (C) to ensure that governments refrain from (D) seeking to establish standards for expro- (5) TRANSPARENCY.—The principal negotiating implementing trade-related measures that im- priation and compensation for expropriation, objective of the United States with respect to pede electronic commerce;

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.035 pfrm12 PsN: H26PT1 H3988 CONGRESSIONAL RECORD — HOUSE June 26, 2002 (D) where legitimate policy objectives require visions of already existing trade agreements (C) to strengthen the capacity of United domestic regulations that affect electronic com- with the United States or has circumvented obli- States trading partners to promote respect for merce, to obtain commitments that any such reg- gations under those agreements; core labor standards (as defined in section ulations are the least restrictive on trade, non- (xii) taking into account whether a product is 2113(2)); discriminatory, and transparent, and promote subject to market distortions by reason of a fail- (D) to strengthen the capacity of United an open market environment; and ure of a major producing country to adhere to States trading partners to protect the environ- (E) to extend the moratorium of the World the provisions of already existing trade agree- ment through the promotion of sustainable de- Trade Organization on duties on electronic ments with the United States or by the cir- velopment; transmissions. cumvention by that country of its obligations (E) to reduce or eliminate government prac- (10) RECIPROCAL TRADE IN AGRICULTURE.— under those agreements; tices or policies that unduly threaten sustain- (A) IN GENERAL.—The principal negotiating (xiii) otherwise ensuring that countries that able development; objective of the United States with respect to ag- accede to the World Trade Organization have (F) to seek market access, through the elimi- riculture is to obtain competitive opportunities made meaningful market liberalization commit- nation of tariffs and nontariff barriers, for for United States exports of agricultural com- ments in agriculture; United States environmental technologies, modities in foreign markets substantially equiv- (xiv) taking into account the impact that goods, and services; and alent to the competitive opportunities afforded agreements covering agriculture to which the (G) to ensure that labor, environmental, foreign exports in United States markets and to United States is a party, including the North health, or safety policies and practices of the achieve fairer and more open conditions of trade American Free Trade Agreement, have on the parties to trade agreements with the United in bulk, specialty crop, and value-added com- United States agricultural industry; States do not arbitrarily or unjustifiably dis- (xv) maintaining bona fide food assistance modities by— criminate against United States exports or serve programs and preserving United States market (i) reducing or eliminating, by a date certain, as disguised barriers to trade. development and export credit programs; and tariffs or other charges that decrease market op- (12) HUMAN RIGHTS AND DEMOCRACY.—The (xvi) strive to complete a general multilateral principal negotiating objective regarding human portunities for United States exports— round in the World Trade Organization by Jan- (I) giving priority to those products that are rights and democracy is to obtain provisions in uary 1, 2005, and seek the broadest market ac- subject to significantly higher tariffs or subsidy trade agreements that require parties to those cess possible in multilateral, regional, and bilat- regimes of major producing countries; and eral negotiations, recognizing the effect that si- agreements to strive to protect internationally (II) providing reasonable adjustment periods multaneous sets of negotiations may have on recognized civil, political, and human rights. for United States import-sensitive products, in (13) DISPUTE SETTLEMENT AND ENFORCE- United States import-sensitive commodities (in- close consultation with the Congress on such cluding those subject to tariff-rate quotas). MENT.—The principal negotiating objectives of products before initiating tariff reduction nego- (B) CONSULTATION.— the United States with respect to dispute settle- tiations; (i) BEFORE COMMENCING NEGOTIATIONS.—Be- ment and enforcement of trade agreements are— (ii) reducing tariffs to levels that are the same fore commencing negotiations with respect to (A) to seek provisions in trade agreements pro- as or lower than those in the United States; agriculture, the United States Trade Represent- viding for resolution of disputes between govern- (iii) seeking to eliminate all export subsidies ative, in consultation with the Congress, shall ments under those trade agreements in an effec- on agricultural commodities while maintaining seek to develop a position on the treatment of tive, timely, transparent, equitable, and rea- bona fide food aid and preserving United States seasonal and perishable agricultural products to soned manner, requiring determinations based agricultural market development and export be employed in the negotiations in order to de- on facts and the principles of the agreements, credit programs that allow the United States to velop an international consensus on the treat- with the goal of increasing compliance with the compete with other foreign export promotion ef- ment of seasonal or perishable agricultural agreements; forts; products in investigations relating to dumping (B) to seek to strengthen the capacity of the (iv) allowing the preservation of programs and safeguards and in any other relevant area. Trade Policy Review Mechanism of the World that support family farms and rural commu- (ii) DURING NEGOTIATIONS.—During any nego- Trade Organization to review compliance with nities but do not distort trade; tiations on agricultural subsidies, the United commitments; (v) developing disciplines for domestic support States Trade Representative shall seek to estab- (C) to seek improved adherence by panels con- programs, so that production that is in excess of lish the common base year for calculating the vened under the WTO Understanding on Rules domestic food security needs is sold at world Aggregated Measurement of Support (as defined and Procedures Governing the Settlement of prices; in the Agreement on Agriculture) as the end of Disputes and by the WTO Appellate Body to the (vi) eliminating Government policies that cre- each country’s Uruguay Round implementation standard of review applicable under the WTO ate price-depressing surpluses; period, as reported in each country’s Uruguay Agreement involved in the dispute, including (vii) eliminating state trading enterprises Round market access schedule. greater deference, where appropriate, to the fact whenever possible; (iii) SCOPE OF OBJECTIVE.—The negotiating finding and technical expertise of national in- (viii) developing, strengthening, and clari- objective provided in subparagraph (A) applies vestigating authorities; fying rules and effective dispute settlement with respect to agricultural matters to be ad- (D) to seek provisions encouraging the early mechanisms to eliminate practices that unfairly dressed in any trade agreement entered into identification and settlement of disputes decrease United States market access opportuni- under section 2103 (a) or (b), including any through consultation; ties or distort agricultural markets to the det- trade agreement entered into under section 2103 (E) to seek provisions to encourage the provi- riment of the United States, particularly with (a) or (b) that provides for accession to a trade sion of trade-expanding compensation if a party respect to import-sensitive products, including— agreement to which the United States is already to a dispute under the agreement does not come (I) unfair or trade-distorting activities of state a party, such as the North American Free Trade into compliance with its obligations under the trading enterprises and other administrative Agreement and the United States-Canada Free agreement; mechanisms, with emphasis on requiring price Trade Agreement. (F) to seek provisions to impose a penalty transparency in the operation of state trading (11) LABOR AND THE ENVIRONMENT.—The prin- upon a party to a dispute under the agreement enterprises and such other mechanisms in order cipal negotiating objectives of the United States that— to end cross subsidization, price discrimination, with respect to labor and the environment are— (i) encourages compliance with the obligations and price undercutting; (A) to ensure that a party to a trade agree- of the agreement; (II) unjustified trade restrictions or commer- ment with the United States does not fail to ef- (ii) is appropriate to the parties, nature, sub- cial requirements, such as labeling, that affect fectively enforce its environmental or labor ject matter, and scope of the violation; and new technologies, including biotechnology; laws, through a sustained or recurring course of (iii) has the aim of not adversely affecting (III) unjustified sanitary or phytosanitary re- action or inaction, in a manner affecting trade parties or interests not party to the dispute strictions, including those not based on sci- between the United States and that party after while maintaining the effectiveness of the en- entific principles in contravention of the Uru- entry into force of a trade agreement between forcement mechanism; and guay Round Agreements; those countries; (G) to seek provisions that treat United States (IV) other unjustified technical barriers to (B) to recognize that parties to a trade agree- principal negotiating objectives equally with re- trade; and ment retain the right to exercise discretion with spect to— (V) restrictive rules in the administration of respect to investigatory, prosecutorial, regu- (i) the ability to resort to dispute settlement tariff rate quotas; latory, and compliance matters and to make de- under the applicable agreement; (ix) eliminating practices that adversely affect cisions regarding the allocation of resources to (ii) the availability of equivalent dispute set- trade in perishable or cyclical products, while enforcement with respect to other labor or envi- tlement procedures; and improving import relief mechanisms to recognize ronmental matters determined to have higher (iii) the availability of equivalent remedies. the unique characteristics of perishable and cy- priorities, and to recognize that a country is ef- (14) BORDER TAXES.—The principal negoti- clical agriculture; fectively enforcing its laws if a course of action ating objective of the United States regarding (x) ensuring that the use of import relief or inaction reflects a reasonable exercise of such border taxes is to obtain a revision of the WTO mechanisms for perishable and cyclical agri- discretion, or results from a bona fide decision rules with respect to the treatment of border ad- culture are as accessible and timely to growers regarding the allocation of resources and no re- justments for internal taxes to redress the dis- in the United States as those mechanisms that taliation may be authorized based on the exer- advantage to countries relying primarily on di- are used by other countries; cise of these rights or the right to establish do- rect taxes for revenue rather than indirect taxes. (xi) taking into account whether a party to mestic labor standards and levels of environ- (15) WTO EXTENDED NEGOTIATIONS.—The the negotiations has failed to adhere to the pro- mental protection; principal negotiating objectives of the United

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.035 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3989 States regarding trade in civil aircraft are those ports of goods found to be produced with the sions, in order to ensure that United States set forth in section 135(c) of the Uruguay Round worst forms of child labor; workers, agricultural producers, and firms can Agreements Act (19 U.S.C. 3355(c)) and regard- (iii) seeking commitments by parties to any compete fully on fair terms and enjoy the bene- ing rules of origin are the conclusion of an multilateral or bilateral trade agreement that is fits of reciprocal trade concessions; and agreement described in section 132 of that Act entered into by the United States to ensure that (B) address and remedy market distortions (19 U.S.C. 3552). national laws reflect international standards re- that lead to dumping and subsidization, includ- (16) TEXTILE NEGOTIATIONS.— garding prevention of the use of the worst forms ing overcapacity, cartelization, and market-ac- (A) IN GENERAL.—The principal negotiating of child labor, especially in the conduct of inter- cess barriers. objectives of the United States with respect to national trade; and (10) continue to promote consideration of mul- trade in textiles and apparel articles is to obtain (iv) seeking commitments by trade agreement tilateral environmental agreements and consult competitive opportunities for United States ex- parties to vigorously enforce laws prohibiting with parties to such agreements regarding the ports of textiles and apparel in foreign markets the use of the worst forms of child labor, espe- consistency of any such agreement that includes substantially equivalent to the competitive op- cially in the conduct of international trade, trade measures with existing environmental ex- portunities afforded foreign exports in United through accessible, expeditious, and effective ceptions under Article XX of the GATT 1994; States markets and to achieve fairer and more civil, administrative, and criminal enforcement (11) report to the Committee on Ways and open conditions of trade in textiles and apparel mechanisms. Means of the House of Representatives and the by— (c) PROMOTION OF CERTAIN PRIORITIES.—In Committee on Finance of the Senate, not later (i) reducing to levels that are the same as, or order to address and maintain United States than 12 months after the imposition of a penalty lower than, those in the United States, or elimi- competitiveness in the global economy, the or remedy by the United States permitted by a nating, by a date certain, tariffs or other President shall— trade agreement to which this title applies, on charges that decrease market opportunities for (1) seek greater cooperation between the WTO the effectiveness of the penalty or remedy ap- United States exports of textiles and apparel; and the ILO; plied under United States law in enforcing (ii) eliminating by a date certain non-tariff (2) seek to establish consultative mechanisms United States rights under the trade agreement; barriers that decrease market opportunities for among parties to trade agreements to strengthen and United States textile and apparel articles; the capacity of United States trading partners (12) seek to establish consultative mechanisms (iii) reducing or eliminating subsidies that de- to promote respect for core labor standards (as among parties to trade agreements to examine crease market opportunities for United States defined in section 2113(2)), and report to the the trade consequences of significant and unan- exports or unfairly distort textile and apparel Committee on Ways and Means of the House of ticipated currency movements and to scrutinize markets to the detriment of the United States; Representatives and the Committee on Finance whether a foreign government engaged in a pat- (iv) developing, strengthening, and clarifying of the Senate on the content and operation of tern of manipulating its currency to promote a rules to eliminate practices that unfairly de- such mechanisms; competitive advantage in international trade. (3) seek to establish consultative mechanisms crease United States market access opportunities The report required under paragraph (11) shall among parties to trade agreements to strengthen or distort textile and apparel markets to the det- address whether the penalty or remedy was ef- the capacity of United States trading partners riment of the United States; fective in changing the behavior of the targeted (v) taking into account whether a party to the to develop and implement standards for the pro- party and whether the penalty or remedy had negotiations has failed to adhere to the provi- tection of the environment and human health any adverse impact on parties or interests not sions of already existing trade agreements with based on sound science, and report to the Com- party to the dispute. the United States or has circumvented obliga- mittee on Ways and Means of the House of Rep- (d) CONSULTATIONS.— tions under those agreements; resentatives and the Committee on Finance of (1) CONSULTATIONS WITH CONGRESSIONAL AD- (vi) taking into account whether a product is the Senate on the content and operation of such VISERS.—In the course of negotiations conducted subject to market distortions by reason of a fail- mechanisms; under this title, the United States Trade Rep- ure of a major producing country to adhere to (4) conduct environmental reviews of future resentative shall consult closely and on a timely the provisions of already existing trade agree- trade and investment agreements, consistent basis with, and keep fully apprised of the nego- ments with the United States or by the cir- with Executive Order 13141 of November 16, 1999 tiations, the Congressional Oversight Group cumvention by that country of its obligations and the relevant guidelines, and report to the convened under section 2107 and all committees under those agreements; Committee on Ways and Means of the House of of the House of Representatives and the Senate (vii) otherwise ensuring that countries that Representatives and the Committee on Finance with jurisdiction over laws that would be af- accede to the World Trade Organization have of the Senate on such reviews; fected by a trade agreement resulting from the made meaningful market liberalization commit- (5) review the impact of future trade agree- negotiations. ments in textiles and apparel; and ments on United States employment, modeled (viii) taking into account the impact that after Executive Order 13141, taking into account (2) CONSULTATION BEFORE AGREEMENT INI- agreements covering textiles and apparel trade the impact on job security, the level of com- TIALED.—In the course of negotiations con- to which the United States is already a party pensation of new jobs and existing jobs, the dis- ducted under this title, the United States Trade are having on the United States textile and ap- placement of employment, and the regional dis- Representative shall— (A) consult closely and on a timely basis (in- parel industry. tribution of employment, utilizing experience cluding immediately before initialing an agree- (B) SCOPE OF OBJECTIVE.—The negotiating ob- from previous trade agreements and alternative ment) with, and keep fully apprised of the nego- jectives set forth in subparagraph (A) apply models of employment analysis, report to the tiations, the congressional advisers for trade with respect to trade in textile and apparel arti- Committee on Ways and Means of the House of policy and negotiations appointed under section cles to be addressed in any trade agreement en- Representatives and the Committee on Finance 161 of the Trade Act of 1974 (19 U.S.C. 2211), the tered into under section 2103 (a) or (b), includ- of the Senate on such review, and make that re- Committee on Ways and Means of the House of ing any trade agreement entered under section port available to the public; 2103 (a) or (b) that provides for accession to a (6) take into account other legitimate United Representatives, the Committee on Finance of trade agreement to which the United States is States domestic objectives including, but not lim- the Senate, and the Congressional Oversight already a party. ited to, the protection of legitimate health or Group convened under section 2107; and (17) WORST FORMS OF CHILD LABOR.—The safety, essential security, and consumer inter- (B) with regard to any negotiations and principal negotiating objectives of the United ests and the law and regulations related thereto; agreement relating to agricultural trade, also States regarding the trade-related aspects of the (7) have the Secretary of Labor consult with consult closely and on a timely basis (including worst forms of child labor are— any country seeking a trade agreement with the immediately before initialing an agreement) (A) to prevent distortions in the conduct of United States concerning that country’s labor with, and keep fully apprised of the negotia- international trade caused by the use of the laws and provide technical assistance to that tions, the Committee on Agriculture of the worst forms of child labor, in whole or in part, country if needed; House of Representatives and the Committee on in the production of goods for export in inter- (8) in connection with any trade negotiations Agriculture, Nutrition, and Forestry of the Sen- national commerce; and entered into under this Act, the President shall ate. (B) to redress unfair and illegitimate competi- submit to the Committee on Ways and Means of (e) ADHERENCE TO OBLIGATIONS UNDER URU- tion based upon the use of the worst forms of the House of Representatives and the Committee GUAY ROUND AGREEMENTS.—In determining child labor, in whole or in part, in the produc- on Finance of the Senate a meaningful labor whether to enter into negotiations with a par- tion of goods for export in international com- rights report of the country, or countries, with ticular country, the President shall take into ac- merce, including through— respect to which the President is negotiating, on count the extent to which that country has im- (i) promoting universal ratification and full a time frame determined in accordance with sec- plemented, or has accelerated the implementa- compliance by all trading nations with ILO tion 2107(b)(2)(E); tion of, its obligations under the Uruguay Convention No. 182 Concerning the Prohibition (9)(A) preserve the ability of the United States Round Agreements. and Immediate Action for the Elimination of the to enforce rigorously its trade laws, including SEC. 2103. TRADE AGREEMENTS AUTHORITY. Worst Forms of Child Labor, particularly with the antidumping, countervailing duty, and safe- (a) AGREEMENTS REGARDING TARIFF BAR- respect to meeting enforcement obligations guard laws, and avoid agreements that lessen RIERS.— under that Convention and related inter- the effectiveness of domestic and international (1) IN GENERAL.—Whenever the President de- national agreements; disciplines on unfair trade, especially dumping termines that one or more existing duties or (ii) pursuing action under Article XX of and subsidies, or that lessen the effectiveness of other import restrictions of any foreign country GATT 1994 to allow WTO members to restrict im- domestic and international safeguard provi- or the United States are unduly burdening and

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.035 pfrm12 PsN: H26PT1 H3990 CONGRESSIONAL RECORD — HOUSE June 26, 2002 restricting the foreign trade of the United States modification or staged rate reduction in a nego- (i) imposition of countervailing and anti- and that the purposes, policies, priorities, and tiation for the reciprocal elimination or harmo- dumping duties (title VII of the Tariff Act of objectives of this title will be promoted thereby, nization of duties under the auspices of the 1930; 19 U.S.C. 1671 et seq.); the President— World Trade Organization. (ii) protection from unfair methods of competi- (A) may enter into trade agreements with for- (7) AUTHORITY UNDER URUGUAY ROUND AGREE- tion and unfair acts in the importation of arti- eign countries before— MENTS ACT NOT AFFECTED.—Nothing in this sub- cles (section 337 of the Tariff Act of 1930; 19 (i) June 1, 2005; or section shall limit the authority provided to the U.S.C. 1337); (ii) June 1, 2007, if trade authorities proce- President under section 111(b) of the Uruguay (iii) relief from injury caused by import com- dures are extended under subsection (c); and Round Agreements Act (19 U.S.C. 3521(b)). petition (title II of the Trade Act of 1974; 19 (B) may, subject to paragraphs (2) and (3), (b) AGREEMENTS REGARDING TARIFF AND NON- U.S.C. 2251 et seq.); proclaim— TARIFF BARRIERS.— (iv) relief from unfair trade practices (title III (i) such modification or continuance of any (1) IN GENERAL.— of the Trade Act of 1974; 19 U.S.C. 2411 et seq.); existing duty, (A) DETERMINATION BY PRESIDENT.—Whenever or (ii) such continuance of existing duty-free or the President determines that— (v) national security import restrictions (sec- excise treatment, or (i) one or more existing duties or any other im- tion 232 of the Trade Expansion Act of 1962; 19 (iii) such additional duties, port restriction of any foreign country or the U.S.C. 1862). as the President determines to be required or ap- United States or any other barrier to, or other (B) POINT OF ORDER IN SENATE.— propriate to carry out any such trade agree- distortion of, international trade unduly bur- (i) IN GENERAL.—When the Senate is consid- ment. dens or restricts the foreign trade of the United ering an implementing bill, upon a point of States or adversely affects the United States order being made by any Senator against any The President shall notify the Congress of the economy; or part of the implementing bill that contains ma- President’s intention to enter into an agreement (ii) the imposition of any such barrier or dis- terial in violation of subparagraph (A), and the under this subsection. tortion is likely to result in such a burden, re- point of order is sustained by the Presiding Offi- (2) LIMITATIONS.—No proclamation may be striction, or effect; cer, the part of the implementing bill against made under paragraph (1) that— and that the purposes, policies, priorities, and which the point of order is sustained shall be (A) reduces any rate of duty (other than a objectives of this title will be promoted thereby, stricken from the bill. rate of duty that does not exceed 5 percent ad the President may enter into a trade agreement (ii) WAIVERS AND APPEALS.— valorem on the date of the enactment of this described in subparagraph (B) during the period (I) WAIVERS.—Before the Presiding Officer Act) to a rate of duty which is less than 50 per- described in subparagraph (C). rules on a point of order described in clause (i), cent of the rate of such duty that applies on (B) AGREEMENT TO REDUCE OR ELIMINATE CER- any Senator may move to waive the point of such date of enactment; TAIN DISTORTION.—The President may enter into order and the motion to waive shall not be sub- (B) reduces the rate of duty below that appli- a trade agreement under subparagraph (A) with ject to amendment. A point of order described in cable under the Uruguay Round Agreements, on foreign countries providing for— clause (i) is waived only by the affirmative vote any import sensitive agricultural product; or (i) the reduction or elimination of a duty, re- of a majority of the Members of the Senate, duly (C) increases any rate of duty above the rate striction, barrier, or other distortion described in chosen and sworn. that applied on the date of the enactment of this subparagraph (A), or (II) APPEALS.—After the Presiding Officer Act. (ii) the prohibition of, or limitation on the im- rules on a point of order under this subpara- (3) AGGREGATE REDUCTION; EXEMPTION FROM position of, such barrier or other distortion. graph, any Senator may appeal the ruling of STAGING .— (C) TIME PERIOD.—The President may enter the Presiding Officer on the point of order as it (A) AGGREGATE REDUCTION.—Except as pro- into a trade agreement under this paragraph applies to some or all of the provisions on which vided in subparagraph (B), the aggregate reduc- before— the Presiding Officer ruled. A ruling of the Pre- tion in the rate of duty on any article which is (i) June 1, 2005; or siding Officer on a point of order described in in effect on any day pursuant to a trade agree- (ii) June 1, 2007, if trade authorities proce- clause (i) is sustained unless a majority of the ment entered into under paragraph (1) shall not dures are extended under subsection (c). Members of the Senate, duly chosen and sworn, exceed the aggregate reduction which would (2) CONDITIONS.—A trade agreement may be vote not to sustain the ruling. have been in effect on such day if— entered into under this subsection only if such (III) DEBATE.—Debate on a motion to waive (i) a reduction of 3 percent ad valorem or a re- agreement makes progress in meeting the appli- under subclause (I) or on an appeal of the rul- duction of one-tenth of the total reduction, cable objectives described in section 2102 (a) and ing of the Presiding Officer under subclause (II) whichever is greater, had taken effect on the ef- (b) and the President satisfies the conditions set shall be limited to 1 hour. The time shall be fective date of the first reduction proclaimed forth in section 2104. equally divided between, and controlled by, the under paragraph (1) to carry out such agree- (3) BILLS QUALIFYING FOR TRADE AUTHORITIES majority leader and the minority leader, or their ment with respect to such article; and PROCEDURES.— designees. (ii) a reduction equal to the amount applica- (A) APPLICATION OF EXPEDITED PROCE- (c) EXTENSION DISAPPROVAL PROCESS FOR ble under clause (i) had taken effect at 1-year DURES.—The provisions of section 151 of the CONGRESSIONAL TRADE AUTHORITIES PROCE- intervals after the effective date of such first re- Trade Act of 1974 (in this title referred to as DURES.— duction. ‘‘trade authorities procedures’’) apply to a bill (1) IN GENERAL.—Except as provided in section (B) EXEMPTION FROM STAGING.—No staging is of either House of Congress which contains pro- 2105(b)— required under subparagraph (A) with respect to visions described in subparagraph (B) to the (A) the trade authorities procedures apply to a duty reduction that is proclaimed under para- same extent as such section 151 applies to imple- implementing bills submitted with respect to graph (1) for an article of a kind that is not pro- menting bills under that section. A bill to which trade agreements entered into under subsection duced in the United States. The United States this paragraph applies shall hereafter in this (b) before July 1, 2005; and International Trade Commission shall advise the title be referred to as an ‘‘implementing bill’’. (B) the trade authorities procedures shall be President of the identity of articles that may be (B) PROVISIONS DESCRIBED.—The provisions extended to implementing bills submitted with exempted from staging under this subparagraph. referred to in subparagraph (A) are— respect to trade agreements entered into under (4) ROUNDING.—If the President determines (i) a provision approving a trade agreement subsection (b) after June 30, 2005, and before that such action will simplify the computation entered into under this subsection and approv- July 1, 2007, if (and only if)— of reductions under paragraph (3), the President ing the statement of administrative action, if (i) the President requests such extension may round an annual reduction by an amount any, proposed to implement such trade agree- under paragraph (2); and equal to the lesser of— ment; and (ii) neither House of the Congress adopts an (A) the difference between the reduction with- (ii) if changes in existing laws or new statu- extension disapproval resolution under para- out regard to this paragraph and the next lower tory authority are required to implement such graph (5) before June 1, 2005. whole number; or trade agreement or agreements, provisions, nec- (2) REPORT TO CONGRESS BY THE PRESIDENT.— (B) one-half of 1 percent ad valorem. essary or appropriate to implement such trade If the President is of the opinion that the trade (5) OTHER LIMITATIONS.—A rate of duty re- agreement or agreements, either repealing or authorities procedures should be extended to im- duction that may not be proclaimed by reason of amending existing laws or providing new statu- plementing bills described in paragraph (1)(B), paragraph (2) may take effect only if a provi- tory authority. the President shall submit to the Congress, not sion authorizing such reduction is included (4) LIMITATIONS ON TRADE AUTHORITIES PRO- later than March 1, 2005, a written report that within an implementing bill provided for under CEDURES.— contains a request for such extension, together section 2105 and that bill is enacted into law. (A) IN GENERAL.—Notwithstanding any other with— (6) OTHER TARIFF MODIFICATIONS.—Notwith- provision of law, the provisions of section 151 of (A) a description of all trade agreements that standing paragraphs (1)(B), (2)(A), (2)(C), and the Trade Act of 1974 (trade authorities proce- have been negotiated under subsection (b) and (3) through (5), and subject to the consultation dures) shall not apply to any provision in an the anticipated schedule for submitting such and layover requirements of section 115 of the implementing bill being considered by the Senate agreements to the Congress for approval; Uruguay Round Agreements Act, the President that modifies or amends, or requires a modifica- (B) a description of the progress that has been may proclaim the modification of any duty or tion of, or an amendment to, any law of the made in negotiations to achieve the purposes, staged rate reduction of any duty set forth in United States that provides safeguards from un- policies, priorities, and objectives of this title, Schedule XX, as defined in section 2102(5) of fair foreign trade practices to United States and a statement that such progress justifies the that Act, if the United States agrees to such businesses or workers, including— continuation of negotiations; and

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.035 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3991 (C) a statement of the reasons why the exten- feasible and timely and would benefit the (I) whether any further tariff reductions on sion is needed to complete the negotiations. United States. Such sectors include agriculture, the products identified under clause (i) should (3) OTHER REPORTS TO CONGRESS.— commercial services, intellectual property rights, be appropriate, taking into account the impact (A) REPORT BY THE ADVISORY COMMITTEE.— industrial and capital goods, government pro- of any such tariff reduction on the United The President shall promptly inform the Advi- curement, information technology products, en- States industry producing the product con- sory Committee for Trade Policy and Negotia- vironmental technology and services, medical cerned; tions established under section 135 of the Trade equipment and services, civil aircraft, and infra- (II) whether the products so identified face Act of 1974 (19 U.S.C. 2155) of the President’s de- structure products. In so doing, the President unjustified sanitary or phytosanitary restric- cision to submit a report to the Congress under shall take into account all of the principal nego- tions, including those not based on scientific paragraph (2). The Advisory Committee shall tiating objectives set forth in section 2102(b). principles in contravention of the Uruguay submit to the Congress as soon as practicable, SEC. 2104. CONSULTATIONS AND ASSESSMENT. Round Agreements; and but not later than May 1, 2005, a written report (a) NOTICE AND CONSULTATION BEFORE NEGO- (III) whether the countries participating in that contains— TIATION.—The President, with respect to any the negotiations maintain export subsidies or (i) its views regarding the progress that has agreement that is subject to the provisions of other programs, policies, or practices that distort been made in negotiations to achieve the pur- section 2103(b), shall— world trade in such products and the impact of poses, policies, priorities, and objectives of this (1) provide, at least 90 calendar days before such programs, policies, and practices on United title; and initiating negotiations, written notice to the States producers of the products; (ii) a statement of its views, and the reasons Congress of the President’s intention to enter (iii) request that the International Trade Com- therefor, regarding whether the extension re- into the negotiations and set forth therein the mission prepare an assessment of the probable quested under paragraph (2) should be approved date the President intends to initiate such nego- economic effects of any such tariff reduction on or disapproved. tiations, the specific United States objectives for the United States industry producing the prod- (B) REPORT BY ITC.—The President shall the negotiations, and whether the President in- uct concerned and on the United States econ- promptly inform the International Trade Com- tends to seek an agreement, or changes to an ex- omy as a whole; and mission of the President’s decision to submit a isting agreement; (iv) upon complying with clauses (i), (ii), and report to the Congress under paragraph (2). The (2) before and after submission of the notice, (iii), notify the Committee on Ways and Means International Trade Commission shall submit to consult regarding the negotiations with the and the Committee on Agriculture of the House the Congress as soon as practicable, but not Committee on Finance of the Senate and the of Representatives and the Committee on Fi- later than May 1, 2005, a written report that Committee on Ways and Means of the House of nance and the Committee on Agriculture, Nutri- contains a review and analysis of the economic Representatives, such other committees of the tion, and Forestry of the Senate of those prod- impact on the United States of all trade agree- House and Senate as the President deems appro- ucts identified under clause (i) for which the ments implemented between the date of enact- priate, and the Congressional Oversight group Trade Representative intends to seek tariff liber- ment of this Act and the date on which the convened under section 2107; and alization in the negotiations and the reasons for President decides to seek an extension requested (3) upon the request of a majority of the mem- seeking such tariff liberalization. under paragraph (2). bers of the Congressional Oversight Group (4) STATUS OF REPORTS.—The reports sub- under section 2107(c), meet with the Congres- (B) IDENTIFICATION OF ADDITIONAL AGRICUL- mitted to the Congress under paragraphs (2) and sional Oversight Group before initiating the ne- TURAL PRODUCTS.—If, after negotiations de- (3), or any portion of such reports, may be clas- gotiations or at any other time concerning the scribed in subparagraph (A) are commenced— sified to the extent the President determines ap- negotiations. (i) the United States Trade Representative propriate. (b) NEGOTIATIONS REGARDING AGRICULTURE identifies any additional agricultural product (5) EXTENSION DISAPPROVAL RESOLUTIONS.— AND FISHING INDUSTRY.— described in subparagraph (A)(i) for tariff re- (A) DEFINITION.—For purposes of paragraph (1) IN GENERAL.—Before initiating or con- ductions which were not the subject of a notifi- (1), the term ‘‘extension disapproval resolution’’ tinuing negotiations the subject matter of which cation under subparagraph (A)(iv), or means a resolution of either House of the Con- is directly related to the subject matter under (ii) any additional agricultural product de- gress, the sole matter after the resolving clause section 2102(b)(10)(A)(i) with any country, the scribed in subparagraph (A)(i) is the subject of of which is as follows: ‘‘That the lllll dis- President shall assess whether United States a request for tariff reductions by a party to the approves the request of the President for the ex- tariffs on agricultural products that were bound negotiations, tension, under section 2103(c)(1)(B)(i) of the Bi- under the Uruguay Round Agreements are lower the Trade Representative shall, as soon as prac- partisan Trade Promotion Authority Act of 2002, than the tariffs bound by that country. In addi- ticable, notify the committees referred to in sub- of the trade authorities procedures under that tion, the President shall consider whether the paragraph (A)(iv) of those products and the rea- Act to any implementing bill submitted with re- tariff levels bound and applied throughout the sons for seeking such tariff reductions. spect to any trade agreement entered into under world with respect to imports from the United (3) NEGOTIATIONS REGARDING THE FISHING IN- section 2103(b) of that Act after June 30, 2005.’’, States are higher than United States tariffs and DUSTRY.—Before initiating, or continuing, nego- with the blank space being filled with the name whether the negotiation provides an oppor- tiations which directly relate to fish or shellfish of the resolving House of the Congress. tunity to address any such disparity. The Presi- trade with any country, the President shall con- (B) INTRODUCTION.—Extension disapproval dent shall consult with the Committee on Ways sult with the Committee on Ways and Means resolutions— and Means and the Committee on Agriculture of and the Committee on Resources of the House of (i) may be introduced in either House of the the House of Representatives and the Committee Representatives, and the Committee on Finance Congress by any member of such House; and on Finance and the Committee on Agriculture, and the Committee on Commerce, Science, and (ii) shall be referred, in the House of Rep- Nutrition, and Forestry of the Senate con- Transportation of the Senate, and shall keep resentatives, to the Committee on Ways and cerning the results of the assessment, whether it the Committees apprised of negotiations on an Means and, in addition, to the Committee on is appropriate for the United States to agree to ongoing and timely basis. Rules. further tariff reductions based on the conclu- (c) NEGOTIATIONS REGARDING TEXTILES.—Be- (C) APPLICATION OF SECTION 152 OF THE TRADE sions reached in the assessment, and how all ap- fore initiating or continuing negotiations the ACT OF 1974.—The provisions of section 152 (d) plicable negotiating objectives will be met. subject matter of which is directly related to tex- and (e) of the Trade Act of 1974 (19 U.S.C. 2192 (2) SPECIAL CONSULTATIONS ON IMPORT SEN- tiles and apparel products with any country, (d) and (e)) (relating to the floor consideration SITIVE PRODUCTS.— the President shall assess whether United States of certain resolutions in the House and Senate) (A) IN GENERAL.—Before initiating negotia- apply to extension disapproval resolutions. tions with regard to agriculture, and, with re- tariffs on textile and apparel products that were bound under the Uruguay Round Agreements (D) LIMITATIONS.—It is not in order for— spect to the Free Trade Area for the Americas (i) the Senate to consider any extension dis- and negotiations with regard to agriculture are lower than the tariffs bound by that country approval resolution not reported by the Com- under the auspices of the World Trade Organi- and whether the negotiation provides an oppor- mittee on Finance; zation, as soon as practicable after the enact- tunity to address any such disparity. The Presi- (ii) the House of Representatives to consider ment of this Act, the United States Trade Rep- dent shall consult with the Committee on Ways any extension disapproval resolution not re- resentative shall— and Means of the House of Representatives and ported by the Committee on Ways and Means (i) identify those agricultural products subject the Committee on Finance of the Senate con- and, in addition, by the Committee on Rules; or to tariff-rate quotas on the date of enactment of cerning the results of the assessment, whether it (iii) either House of the Congress to consider this Act, and agricultural products subject to is appropriate for the United States to agree to an extension disapproval resolution after June tariff reductions by the United States as a result further tariff reductions based on the conclu- 30, 2005. of the Uruguay Round Agreements, for which sions reached in the assessment, and how all ap- (d) COMMENCEMENT OF NEGOTIATIONS.—In the rate of duty was reduced on January 1, 1995, plicable negotiating objectives will be met. order to contribute to the continued economic to a rate which was not less than 97.5 percent (d) CONSULTATION WITH CONGRESS BEFORE expansion of the United States, the President of the rate of duty that applied to such article AGREEMENTS ENTERED INTO.— shall commence negotiations covering tariff and on December 31, 1994; (1) CONSULTATION.—Before entering into any nontariff barriers affecting any industry, prod- (ii) consult with the Committee on Ways and trade agreement under section 2103(b), the Presi- uct, or service sector, and expand existing sec- Means and the Committee on Agriculture of the dent shall consult with— toral agreements to countries that are not par- House of Representatives and the Committee on (A) the Committee on Ways and Means of the ties to those agreements, in cases where the Finance and the Committee on Agriculture, Nu- House of Representatives and the Committee on President determines that such negotiations are trition, and Forestry of the Senate concerning— Finance of the Senate;

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.035 pfrm12 PsN: H26PT1 H3992 CONGRESSIONAL RECORD — HOUSE June 26, 2002 (B) each other committee of the House and the President enters into a trade agreement under (I) how and to what extent the agreement Senate, and each joint committee of the Con- section 2103(b), shall provide the International makes progress in achieving the applicable pur- gress, which has jurisdiction over legislation in- Trade Commission (referred to in this subsection poses, policies, and objectives referred to in volving subject matters which would be affected as ‘‘the Commission’’) with the details of the clause (i); by the trade agreement; and agreement as it exists at that time and request (II) whether and how the agreement changes (C) the Congressional Oversight Group con- the Commission to prepare and submit an as- provisions of an agreement previously nego- vened under section 2107. sessment of the agreement as described in para- tiated; (2) SCOPE.—The consultation described in graph (2). Between the time the President makes (III) how the agreement serves the interests of paragraph (1) shall include consultation with the request under this paragraph and the time United States commerce; respect to— the Commission submits the assessment, the (IV) how the implementing bill meets the (A) the nature of the agreement; President shall keep the Commission current standards set forth in section 2103(b)(3); (B) how and to what extent the agreement with respect to the details of the agreement. (V) how and to what extent the agreement will achieve the applicable purposes, policies, (2) ITC ASSESSMENT.—Not later than 90 cal- makes progress in achieving the applicable pur- priorities, and objectives of this title; and endar days after the President enters into the poses, policies, and objectives referred to in sec- (C) the implementation of the agreement agreement, the Commission shall submit to the tion 2102(c) regarding the promotion of certain under section 2105, including the general effect President and the Congress a report assessing priorities; and of the agreement on existing laws. the likely impact of the agreement on the United (VI) in the event that the reports described in (3) REPORT REGARDING UNITED STATES TRADE States economy as a whole and on specific in- section 2104(b)(3) (C) and (D) contain any find- REMEDY LAWS.— dustry sectors, including the impact the agree- ings that the proposed amendments are incon- (A) CHANGES IN CERTAIN TRADE LAWS.—The ment will have on the gross domestic product, sistent with the purposes, policies, and objec- President, at least 90 calendar days before the exports and imports, aggregate employment and tives described in section 2102(c)(9), an expla- day on which the President enters into a trade employment opportunities, the production, em- nation as to why the President believes such agreement, shall notify the Committee on Ways ployment, and competitive position of industries findings to be incorrect. and Means of the House of Representatives and likely to be significantly affected by the agree- (3) RECIPROCAL BENEFITS.—In order to ensure the Committee on Finance of the Senate in writ- ment, and the interests of United States con- that a foreign country that is not a party to a ing of any amendments to title VII of the Tariff sumers. trade agreement entered into under section Act of 1930 or chapter 1 of title II of the Trade (3) REVIEW OF EMPIRICAL LITERATURE.—In 2103(b) does not receive benefits under the Act of 1974 that the President proposes to in- preparing the assessment, the Commission shall agreement unless the country is also subject to clude in a bill implementing such trade agree- review available economic assessments regarding the obligations under the agreement, the imple- ment. the agreement, including literature regarding menting bill submitted with respect to the agree- (B) EXPLANATION.—On the date that the any substantially equivalent proposed agree- ment shall provide that the benefits and obliga- President transmits the notification, the Presi- ment, and shall provide in its assessment a de- tions under the agreement apply only to the dent also shall transmit to the Committees a re- scription of the analyses used and conclusions parties to the agreement, if such application is port explaining— drawn in such literature, and a discussion of consistent with the terms of the agreement. The (i) the President’s reasons for believing that areas of consensus and divergence between the implementing bill may also provide that the ben- amendments to title VII of the Tariff Act of 1930 various analyses and conclusions, including efits and obligations under the agreement do not or to chapter 1 of title II of the Trade Act of those of the Commission regarding the agree- apply uniformly to all parties to the agreement, 1974 are necessary to implement the trade agree- ment. if such application is consistent with the terms ment; and SEC. 2105. IMPLEMENTATION OF TRADE AGREE- of the agreement. (ii) the President’s reasons for believing that MENTS. (4) DISCLOSURE OF COMMITMENTS.—Any such amendments are consistent with the pur- (a) IN GENERAL.— agreement or other understanding with a for- poses, policies, and objectives described in sec- (1) NOTIFICATION AND SUBMISSION.—Any eign government or governments (whether oral tion 2102(c)(9). agreement entered into under section 2103(b) or in writing) that— (C) REPORT TO HOUSE.—Not later than 60 cal- shall enter into force with respect to the United (A) relates to a trade agreement with respect endar days after the date on which the Presi- States if (and only if)— to which Congress enacts implementing legisla- dent transmits the notification described in sub- (A) the President, at least 90 calendar days tion under trade authorities procedures, and paragraph (A), the Chairman and ranking mem- before the day on which the President enters (B) is not disclosed to Congress before legisla- ber of the Ways and Means Committee of the into an agreement— tion implementing that agreement is introduced House of Representatives, based on consulta- (i) notifies the House of Representatives and in either House of Congress, tions with the members of that Committee, shall the Senate of the President’s intention to enter shall not be considered to be part of the agree- issue to the House of Representatives a report into the agreement, and promptly thereafter ment approved by Congress and shall have no stating whether the proposed amendments de- publishes notice of such intention in the Federal force and effect under United States law or in scribed in the President’s notification are con- Register; and any dispute settlement body. sistent with the purposes, policies, and objec- (ii) transmits to the Committee on Ways and (b) LIMITATIONS ON TRADE AUTHORITIES PRO- tives described in section 2102(c)(9). In the event Means of the House of Representatives and the CEDURES.— that the Chairman and ranking member dis- Committee on Finance of the Senate the notifi- (1) FOR LACK OF NOTICE OR CONSULTATIONS.— agree with respect to one or more conclusions, cation and report described in section 2104(d)(3) (A) IN GENERAL.—The trade authorities proce- the report shall contain the separate views of (A) and (B); dures shall not apply to any implementing bill the Chairman and ranking member. (B) within 60 days after entering into the submitted with respect to a trade agreement or (D) REPORT TO SENATE.—Not later than 60 agreement, the President submits to the Con- trade agreements entered into under section calendar days after the date on which the Presi- gress a description of those changes to existing 2103(b) if during the 60-day period beginning on dent transmits the notification described in sub- laws that the President considers would be re- the date that one House of Congress agrees to a paragraph (A), the Chairman and ranking mem- quired in order to bring the United States into procedural disapproval resolution for lack of ber of the Finance Committee of the Senate, compliance with the agreement; notice or consultations with respect to such based on consultations with the members of that (C) after entering into the agreement, the trade agreement or agreements, the other House Committee, shall issue to the Senate a report President submits to the Congress, on a day on separately agrees to a procedural disapproval stating whether the proposed amendments de- which both Houses of Congress are in session, a resolution with respect to such trade agreement scribed in the President’s report are consistent copy of the final legal text of the agreement, to- or agreements. with the purposes, policies, and objectives de- gether with— (B) PROCEDURAL DISAPPROVAL RESOLUTION.— scribed in section 2102(c)(9). In the event that (i) a draft of an implementing bill described in (i) For purposes of this paragraph, the term the Chairman and ranking member disagree section 2103(b)(3); ‘‘procedural disapproval resolution’’ means a (ii) a statement of any administrative action with respect to one or more conclusions, the re- resolution of either House of Congress, the sole proposed to implement the trade agreement; and matter after the resolving clause of which is as port shall contain the separate views of the (iii) the supporting information described in follows: ‘‘That the President has failed or re- Chairman and ranking member. paragraph (2); and (e) ADVISORY COMMITTEE REPORTS.—The re- (D) the implementing bill is enacted into law. fused to notify or consult in accordance with port required under section 135(e)(1) of the (2) SUPPORTING INFORMATION.—The sup- the Bipartisan Trade Promotion Authority Act Trade Act of 1974 regarding any trade agree- porting information required under paragraph of 2002 on negotiations with respect to ment entered into under section 2103 (a) or (b) (1)(C)(iii) consists of— llllll and, therefore, the trade authori- of this title shall be provided to the President, (A) an explanation as to how the imple- ties procedures under that Act shall not apply the Congress, and the United States Trade Rep- menting bill and proposed administrative action to any implementing bill submitted with respect resentative not later than 30 days after the date will change or affect existing law; and to such trade agreement or agreements.’’, with on which the President notifies the Congress (B) a statement— the blank space being filled with a description under section 2103(a)(1) or 2105(a)(1)(A) of the (i) asserting that the agreement makes of the trade agreement or agreements with re- President’s intention to enter into the agree- progress in achieving the applicable purposes, spect to which the President is considered to ment. policies, priorities, and objectives of this title; have failed or refused to notify or consult. (f) ITC ASSESSMENT.— and (ii) For purposes of clause (i), the President (1) IN GENERAL.—The President, at least 90 (ii) setting forth the reasons of the President has ‘‘failed or refused to notify or consult in ac- calendar days before the day on which the regarding— cordance with the Bipartisan Trade Promotion

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.036 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3993 Authority Act of 2002’’ on negotiations with re- (1) is entered into under the auspices of the in the Congressional Oversight Group. The Con- spect to a trade agreement or trade agreements World Trade Organization, gressional Oversight Group shall consult with if— (2) is entered into with Chile, and provide advice to the Trade Representative (I) the President has failed or refused to con- (3) is entered into with Singapore, or regarding the formulation of specific objectives, sult (as the case may be) in accordance with sec- (4) establishes a Free Trade Area for the negotiating strategies and positions, the devel- tion 2104 or 2105 with respect to the negotia- Americas, opment of the applicable trade agreement, and tions, agreement, or agreements; and results from negotiations that were com- compliance and enforcement of the negotiated (II) guidelines under section 2107(b) have not menced before the date of the enactment of this commitments under the trade agreement. been developed or met with respect to the nego- Act, subsection (b) shall apply. (5) CHAIR.—The Congressional Oversight tiations, agreement, or agreements; (b) TREATMENT OF AGREEMENTS.—In the case Group shall be chaired by the Chairman of the (III) the President has not met with the Con- of any agreement to which subsection (a) Committee on Ways and Means of the House of gressional Oversight Group pursuant to a re- applies— Representatives and the Chairman of the Com- quest made under section 2107(c) with respect to (1) the applicability of the trade authorities mittee on Finance of the Senate. the negotiations, agreement, or agreements; or procedures to implementing bills shall be deter- (b) GUIDELINES.— (IV) the agreement or agreements fail to make mined without regard to the requirements of sec- (1) PURPOSE AND REVISION.—The United progress in achieving the purposes, policies, pri- tion 2104(a) (relating only to 90 days notice States Trade Representative, in consultation orities, and objectives of this title. prior to initiating negotiations), and any proce- with the chairmen and ranking minority mem- (C) PROCEDURES FOR CONSIDERING RESOLU- dural disapproval resolution under section bers of the Committee on Ways and Means of TIONS.—(i) Procedural disapproval resolutions— 2105(b)(1)(B) shall not be in order on the basis the House of Representatives and the Committee (I) in the House of Representatives— of a failure or refusal to comply with the provi- on Finance of the Senate— (aa) may be introduced by any Member of the sions of section 2104(a); and House; (A) shall, within 120 days after the date of the (2) the President shall, as soon as feasible enactment of this Act, develop written guide- (bb) shall be referred to the Committee on after the enactment of this Act— Ways and Means and, in addition, to the Com- lines to facilitate the useful and timely exchange (A) notify the Congress of the negotiations de- of information between the Trade Representa- mittee on Rules; and scribed in subsection (a), the specific United (cc) may not be amended by either Committee; tive and the Congressional Oversight Group es- States objectives in the negotiations, and wheth- tablished under this section; and and er the President is seeking a new agreement or (II) in the Senate— (B) may make such revisions to the guidelines changes to an existing agreement; and as may be necessary from time to time. (aa) may be introduced by any Member of the (B) before and after submission of the notice, (2) CONTENT.—The guidelines developed under Senate. consult regarding the negotiations with the com- (bb) shall be referred to the Committee on Fi- paragraph (1) shall provide for, among other mittees referred to in section 2104(a)(2) and the nance; and things— Congressional Oversight Group. (cc) may not be amended. (A) regular, detailed briefings of the Congres- (ii) The provisions of section 152 (d) and (e) of SEC. 2107. CONGRESSIONAL OVERSIGHT GROUP. sional Oversight Group regarding negotiating the Trade Act of 1974 (19 U.S.C. 2192 (d) and (e)) (a) MEMBERS AND FUNCTIONS.— objectives, including the promotion of certain (relating to the floor consideration of certain (1) IN GENERAL.—By not later than 60 days priorities referred to in section 2102(c), and posi- resolutions in the House and Senate) apply to a after the date of the enactment of this Act, and tions and the status of the applicable negotia- procedural disapproval resolution introduced not later than 30 days after the convening of tions, beginning as soon as practicable after the with respect to a trade agreement if no other each Congress, the chairman of the Committee Congressional Oversight Group is convened, procedural disapproval resolution with respect on Ways and Means of the House of Represent- with more frequent briefings as trade negotia- to that trade agreement has previously been atives and the chairman of the Committee on Fi- tions enter the final stage; considered under such provisions of section 152 nance of the Senate shall convene the Congres- (B) access by members of the Congressional of the Trade Act of 1974 in that House of Con- sional Oversight Group. Oversight Group, and staff with proper security gress during that Congress. (2) MEMBERSHIP FROM THE HOUSE.—In each clearances, to pertinent documents relating to (iii) It is not in order for the House of Rep- Congress, the Congressional Oversight Group the negotiations, including classified materials; resentatives to consider any procedural dis- shall be comprised of the following Members of (C) the closest practicable coordination be- approval resolution not reported by the Com- the House of Representatives: tween the Trade Representative and the Con- mittee on Ways and Means and, in addition, by (A) The chairman and ranking member of the gressional Oversight Group at all critical periods the Committee on Rules. Committee on Ways and Means, and 3 addi- during the negotiations, including at negotia- (iv) It is not in order for the Senate to con- tional members of such Committee (not more tion sites; than 2 of whom are members of the same polit- sider any procedural disapproval resolution not (D) after the applicable trade agreement is ical party). reported by the Committee on Finance. concluded, consultation regarding ongoing com- (B) The chairman and ranking member, or (2) FOR FAILURE TO MEET OTHER REQUIRE- pliance and enforcement of negotiated commit- their designees, of the committees of the House MENTS.—Prior to December 31, 2002, the Sec- ments under the trade agreement; and retary of Commerce shall transmit to Congress a of Representatives which would have, under the (E) the time frame for submitting the report report setting forth the strategy of the United Rules of the House of Representatives, jurisdic- required under section 2102(c)(8). States for correcting instances in which dispute tion over provisions of law affected by a trade (c) REQUEST FOR MEETING.—Upon the request settlement panels and the Appellate Body of the agreement negotiations for which are conducted of a majority of the Congressional Oversight WTO have added to obligations or diminished at any time during that Congress and to which Group, the President shall meet with the Con- rights of the United States, as described in sec- this title would apply. gressional Oversight Group before initiating ne- tion 2101(b)(3). Trade authorities procedures (3) MEMBERSHIP FROM THE SENATE.—In each gotiations with respect to a trade agreement, or shall not apply to any implementing bill with re- Congress, the Congressional Oversight Group at any other time concerning the negotiations. spect to an agreement negotiated under the aus- shall also be comprised of the following members pices of the WTO, unless the Secretary of Com- of the Senate: SEC. 2108. ADDITIONAL IMPLEMENTATION AND merce has issued such report in a timely man- (A) The chairman and ranking Member of the ENFORCEMENT REQUIREMENTS. ner. Committee on Finance and 3 additional members (a) IN GENERAL.—At the time the President (c) RULES OF HOUSE OF REPRESENTATIVES AND of such Committee (not more than 2 of whom are submits to the Congress the final text of an SENATE.—Subsection (b) of this section and sec- members of the same political party). agreement pursuant to section 2105(a)(1)(C), the tion 2103(c) are enacted by the Congress— (B) The chairman and ranking member, or President shall also submit a plan for imple- (1) as an exercise of the rulemaking power of their designees, of the committees of the Senate menting and enforcing the agreement. The im- the House of Representatives and the Senate, re- which would have, under the Rules of the Sen- plementation and enforcement plan shall in- spectively, and as such are deemed a part of the ate, jurisdiction over provisions of law affected clude the following: rules of each House, respectively, and such pro- by a trade agreement negotiations for which are (1) BORDER PERSONNEL REQUIREMENTS.—A de- cedures supersede other rules only to the extent conducted at any time during that Congress and scription of additional personnel required at that they are inconsistent with such other rules; to which this title would apply. border entry points, including a list of addi- and (4) ACCREDITATION.—Each member of the Con- tional customs and agricultural inspectors. (2) with the full recognition of the constitu- gressional Oversight Group described in para- (2) AGENCY STAFFING REQUIREMENTS.—A de- tional right of either House to change the rules graph (2)(A) and (3)(A) shall be accredited by scription of additional personnel required by (so far as relating to the procedures of that the United States Trade Representative on be- Federal agencies responsible for monitoring and House) at any time, in the same manner, and to half of the President as official advisers to the implementing the trade agreement, including the same extent as any other rule of that House. United States delegation in negotiations for any personnel required by the Office of the United SEC. 2106. TREATMENT OF CERTAIN TRADE trade agreement to which this title applies. Each States Trade Representative, the Department of AGREEMENTS FOR WHICH NEGOTIA- member of the Congressional Oversight Group Commerce, the Department of Agriculture (in- TIONS HAVE ALREADY BEGUN. described in paragraph (2)(B) and (3)(B) shall cluding additional personnel required to imple- (a) CERTAIN AGREEMENTS.—Notwithstanding be accredited by the United States Trade Rep- ment sanitary and phytosanitary measures in the prenegotiation notification and consultation resentative on behalf of the President as official order to obtain market access for United States requirement described in section 2104(a), if an advisers to the United States delegation in the exports), the Department of the Treasury, and agreement to which section 2103(b) applies— negotiations by reason of which the member is such other agencies as may be necessary.

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.036 pfrm12 PsN: H26PT1 H3994 CONGRESSIONAL RECORD — HOUSE June 26, 2002

(3) CUSTOMS INFRASTRUCTURE REQUIRE- (A) in subsection (a)(1)(A), by striking ‘‘sec- scribed in section 2102(a)(8). It is the sense of MENTS.—A description of the additional equip- tion 1102 of the Omnibus Trade and Competi- Congress that the small business functions ment and facilities needed by the United States tiveness Act of 1988’’ and inserting ‘‘section 2103 should be reflected in the title of the Assistant Customs Service. of the Bipartisan Trade Promotion Authority United States Trade Representative assigned the (4) IMPACT ON STATE AND LOCAL GOVERN- Act of 2002’’; responsibility for small business. MENTS.—A description of the impact the trade (B) in subsection (e)(1)— (c) REPORT.—Not later than 1 year after the agreement will have on State and local govern- (i) by striking ‘‘section 1102 of the Omnibus date of enactment of this Act, and annually ments as a result of increases in trade. Trade and Competitiveness Act of 1988’’ each thereafter, the United States Trade Representa- (5) COST ANALYSIS.—An analysis of the costs place it appears and inserting ‘‘section 2103 of tive shall prepare and submit a report to the associated with each of the items listed in para- the Bipartisan Trade Promotion Authority Act Committee on Finance of the Senate and the graphs (1) through (4). of 2002’’; and Committee on Ways and Means of the House of (b) BUDGET SUBMISSION.—The President shall (ii) by striking ‘‘not later than the date on Representatives on the steps taken by the include a request for the resources necessary to which the President notifies the Congress under United States Trade Representative to pursue support the plan described in subsection (a) in section 1103(a)(1)(A) of such Act of 1988 of his the identification of a small business advocate the first budget that the President submits to the intention to enter into that agreement’’ and in- at the World Trade Organization. Congress after the submission of the plan. serting ‘‘not later than the date that is 30 days SEC. 2113. DEFINITIONS. SEC. 2109. COMMITTEE STAFF. after the date on which the President notifies In this title: The grant of trade promotion authority under the Congress under section 5(a)(1)(A) of the Bi- (1) AGREEMENT ON AGRICULTURE.—The term this title is likely to increase the activities of the partisan Trade Promotion Authority Act of 2002 ‘‘Agreement on Agriculture’’ means the agree- primary committees of jurisdiction in the area of of the President’s intention to enter into that ment referred to in section 101(d)(2) of the Uru- international trade. In addition, the creation of agreement’’; and guay Round Agreements Act (19 U.S.C. the Congressional Oversight Group under sec- (C) in subsection (e)(2), by striking ‘‘section 3511(d)(2)). tion 2107 will increase the participation of a 1101 of the Omnibus Trade and Competitiveness (2) CORE LABOR STANDARDS.—The term ‘‘core broader number of Members of Congress in the Act of 1988’’ and inserting ‘‘section 2102 of the labor standards’’ means— formulation of United States trade policy and Bipartisan Trade Promotion Authority Act of (A) the right of association; oversight of the international trade agenda for 2002’’. (B) the right to organize and bargain collec- the United States. The primary committees of ju- (6) TRANSMISSION OF AGREEMENTS TO CON- tively; risdiction should have adequate staff to accom- GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is (C) a prohibition on the use of any form of modate these increases in activities. amended by striking ‘‘or under section 1102 of forced or compulsory labor; (D) a minimum age for the employment of SEC. 2110. CONFORMING AMENDMENTS. the Omnibus Trade and Competitiveness Act of 1988’’ and inserting ‘‘or under section 2103 of children; and (a) IN GENERAL.—Title I of the Trade Act of (E) acceptable conditions of work with respect 1974 (19 U.S.C. 2111 et seq.) is amended as fol- the Bipartisan Trade Promotion Authority Act to minimum wages, hours of work, and occupa- lows: of 2002’’. (b) APPLICATION OF CERTAIN PROVISIONS.— tional safety and health. (1) IMPLEMENTING BILL.— (3) GATT 1994.—The term ‘‘GATT 1994’’ has (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is For purposes of applying sections 125, 126, and the meaning given that term in section 2 of the amended by striking ‘‘section 1103(a)(1) of the 127 of the Trade Act of 1974 (19 U.S.C. 2135, Uruguay Round Agreements Act (19 U.S.C. Omnibus Trade and Competitiveness Act of 1988, 2136(a), and 2137)— 3501). or section 282 of the Uruguay Round Agree- (1) any trade agreement entered into under section 2103 shall be treated as an agreement en- (4) ILO.—The term ‘‘ILO’’ means the Inter- ments Act’’ and inserting ‘‘section 282 of the national Labor Organization. Uruguay Round Agreements Act, or section tered into under section 101 or 102, as appro- (5) IMPORT SENSITIVE AGRICULTURAL PROD- 2105(a)(1) of the Bipartisan Trade Promotion priate, of the Trade Act of 1974 (19 U.S.C. 2111 or 2112); and UCT.—The term ‘‘import sensitive agricultural Authority Act of 2002’’. product’’ means an agricultural product with (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is (2) any proclamation or Executive order issued pursuant to a trade agreement entered into respect to which, as a result of the Uruguay amended by striking ‘‘or section 282 of the Uru- Round Agreements— guay Round Agreements Act’’ and inserting ‘‘, under section 2103 shall be treated as a procla- mation or Executive order issued pursuant to a (A) the rate of duty was the subject of tariff section 282 of the Uruguay Round Agreements reductions by the United States, and pursuant Act, or section 2105(a)(1) of the Bipartisan trade agreement entered into under section 102 of the Trade Act of 1974. to such Agreements, was reduced on January 1, Trade Promotion Authority Act of 2002’’. 1995, to a rate which was not less than 97.5 per- (2) ADVICE FROM INTERNATIONAL TRADE COM- SEC. 2111. REPORT ON IMPACT OF TRADE PRO- MOTION AUTHORITY. cent of the rate of duty that applied to such ar- MISSION.—Section 131 (19 U.S.C. 2151) is ticle on December 31, 1994; or (a) IN GENERAL.—Not later than 1 year after amended— (B) became subject to a tariff-rate quota on or (A) in subsection (a)— the date of enactment of this Act, the Inter- national Trade Commission shall report to the after January 1, 1995. (i) in paragraph (1), by striking ‘‘section 123 (6) UNITED STATES PERSON.—The term ‘‘United Committee on Finance of the Senate and the of this Act or section 1102 (a) or (c) of the Omni- States person’’ means— Committee on Ways and Means of the House of bus Trade and Competitiveness Act of 1988,’’ (A) a United States citizen; Representatives regarding the economic impact and inserting ‘‘section 123 of this Act or section (B) a partnership, corporation, or other legal on the United States of the trade agreements de- 2103 (a) or (b) of the Bipartisan Trade Pro- entity organized under the laws of the United scribed in subsection (b). motion Authority Act of 2002,’’; and States; and (b) AGREEMENTS.—The trade agreements de- (ii) in paragraph (2), by striking ‘‘section 1102 (C) a partnership, corporation, or other legal scribed in this subsection are: (b) or (c) of the Omnibus Trade and Competi- entity that is organized under the laws of a for- (1) The United States-Israel Free Trade Agree- tiveness Act of 1988’’ and inserting ‘‘section eign country and is controlled by entities de- ment. 2103(b) of the Bipartisan Trade Promotion Au- scribed in subparagraph (B) or United States (2) The United States-Canada Free Trade thority Act of 2002’’; citizens, or both. Agreement. (B) in subsection (b), by striking ‘‘section (7) URUGUAY ROUND AGREEMENTS.—The term (3) The North American Free Trade Agree- 1102(a)(3)(A)’’ and inserting ‘‘section ‘‘Uruguay Round Agreements’’ has the meaning ment. 2103(a)(3)(A) of the Bipartisan Trade Promotion given that term in section 2(7) of the Uruguay (4) The Uruguay Round Agreements. Authority Act of 2002’’; and Round Agreements Act (19 U.S.C. 3501(7)). (5) The Tokyo Round of Multilateral Trade (C) in subsection (c), by striking ‘‘section 1102 (8) WORLD TRADE ORGANIZATION; WTO.—The of the Omnibus Trade and Competitiveness Act Negotiations. terms ‘‘World Trade Organization’’ and ‘‘WTO’’ of 1988,’’ and inserting ‘‘section 2103 of the Bi- SEC. 2112. IDENTIFICATION OF SMALL BUSINESS mean the organization established pursuant to partisan Trade Promotion Authority Act of ADVOCATE AT WTO. the WTO Agreement. 2002,’’. (a) IN GENERAL.—The United States Trade (9) WTO AGREEMENT.—The term ‘‘WTO Agree- (3) HEARINGS AND ADVICE.—Sections 132, Representative shall pursue the identification of ment’’ means the Agreement Establishing the 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and a small business advocate at the World Trade World Trade Organization entered into on April 2154(a)) are each amended by striking ‘‘section Organization Secretariat to examine the impact 15, 1994. 1102 of the Omnibus Trade and Competitiveness of WTO agreements on the interests of small- DIVISION C—ANDEAN TRADE Act of 1988,’’ each place it appears and inserting and medium-sized enterprises, address the con- PREFERENCE ACT ‘‘section 2103 of the Bipartisan Trade Promotion cerns of small- and medium-sized enterprises, Authority Act of 2002,’’. and recommend ways to address those interests TITLE XXXI—ANDEAN TRADE (4) PREREQUISITES FOR OFFERS.—Section in trade negotiations involving the World Trade PREFERENCE 134(b) (19 U.S.C. 2154(b)) is amended by striking Organization. SEC. 3101. SHORT TITLE; FINDINGS. ‘‘section 1102 of the Omnibus Trade and Com- (b) ASSISTANT TRADE REPRESENTATIVE.—The (a) SHORT TITLE.—This title may be cited as petitiveness Act of 1988’’ and inserting ‘‘section Assistant United States Trade Representative the ‘‘Andean Trade Preference Expansion Act’’. 2103 of the Bipartisan Trade Promotion Author- for Industry and Telecommunications shall be (b) FINDINGS.—Congress makes the following ity Act of 2002’’. responsible for ensuring that the interests of findings: (5) ADVICE FROM PRIVATE AND PUBLIC SEC- small business are considered in all trade nego- (1) Since the Andean Trade Preference Act TORS.—Section 135 (19 U.S.C. 2155) is amended— tiations in accordance with the objective de- was enacted in 1991, it has had a positive impact

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.036 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3995 on United States trade with Bolivia, Colombia, ‘‘(H) rum and tafia classified in subheading or entity that are entered during the preceding Ecuador, and Peru. Two-way trade has dou- 2208.40 of the HTS. 1-year period is at least 75 percent of the aggre- bled, with the United States serving as the lead- ‘‘(2) TRANSITION PERIOD TREATMENT OF CER- gate declared customs value of the fabric con- ing source of imports and leading export market TAIN TEXTILE AND APPAREL ARTICLES.— tained in all such articles of that producer or for each of the Andean beneficiary countries. ‘‘(A) ARTICLES COVERED.—During the transi- entity that are entered during the preceding 1- This has resulted in increased jobs and ex- tion period, the preferential treatment described year period. panded export opportunities in both the United in subparagraph (B) shall apply to the fol- ‘‘(III) DEVELOPMENT OF PROCEDURE TO EN- States and the Andean region. lowing articles imported directly into the cus- SURE COMPLIANCE.—The United States Customs (2) The Andean Trade Preference Act has toms territory of the United States from an Service shall develop and implement methods been a key element in the United States counter- ATPEA beneficiary country: and procedures to ensure ongoing compliance narcotics strategy in the Andean region, pro- ‘‘(i) APPAREL ARTICLES ASSEMBLED FROM with the requirement set forth in subclause (II). moting export diversification and broad-based PRODUCTS OF THE UNITED STATES AND ATPEA If the Customs Service finds that a producer or economic development that provides sustainable BENEFICIARY COUNTRIES OR PRODUCTS NOT an entity controlling production has not satis- economic alternatives to drug-crop production, AVAILABLE IN COMMERCIAL QUANTITIES.—Ap- fied such requirement in a 1-year period, then strengthening the legitimate economies of Ande- parel articles sewn or otherwise assembled in 1 apparel articles described in subclause (I) of an countries and creating viable alternatives to or more ATPEA beneficiary countries, or the that producer or entity shall be ineligible for illicit trade in coca. United States, or both, exclusively from any one preferential treatment under subparagraph (B) (3) Notwithstanding the success of the Andean or any combination of the following: during any succeeding 1-year period until the Trade Preference Act, the Andean region re- ‘‘(I) Fabrics or fabric components formed, or aggregate cost of fabric components formed in mains threatened by political and economic in- components knit-to-shape, in the United States, the United States used in the production of such stability and fragility, vulnerable to the con- from yarns wholly formed in the United States articles of that producer or entity that are en- sequences of the drug war and fierce global com- (including fabrics not formed from yarns, if tered during the preceding 1-year period is at petition for its legitimate trade. such fabrics are classifiable under heading 5602 least 85 percent of the aggregate declared cus- (4) The continuing instability in the Andean or 5603 of the HTS and are formed in the United toms value of the fabric contained in all such region poses a threat to the security interests of States), provided that apparel articles sewn or articles of that producer or entity that are en- the United States and the world. This problem otherwise assembled from materials described in tered during the preceding 1-year period. has been partially addressed through foreign this subclause are assembled with thread formed ‘‘(v) APPAREL ARTICLES ASSEMBLED FROM FAB- aid, such as Plan Colombia, enacted by Con- in the United States. RICS OR YARN NOT WIDELY AVAILABLE IN COM- gress in 2000. However, foreign aid alone is not ‘‘(II) Fabric components knit-to-shape in the MERCIAL QUANTITIES.—At the request of any in- sufficient. Enhancement of legitimate trade with United States from yarns wholly formed in the terested party, the President is authorized to the United States provides an alternative means United States and fabric components knit-to- proclaim additional fabrics and yarn as eligible for reviving and stabilizing the economies in the shape in 1 or more ATPEA beneficiary countries for preferential treatment under clause (i)(IV) Andean region. from yarns wholly formed in the United States. if— (5) The Andean Trade Preference Act con- ‘‘(III) Fabrics or fabric components formed or ‘‘(I) the President determines that such fabrics or yarn cannot be supplied by the domestic in- stitutes a tangible commitment by the United components knit-to-shape, in 1 or more ATPEA dustry in commercial quantities in a timely man- States to the promotion of prosperity, stability, beneficiary countries, from yarns wholly formed in 1 or more ATPEA beneficiary countries, if ner; and democracy in the beneficiary countries. ‘‘(II) the President has obtained advice re- (6) Renewal and enhancement of the Andean such fabrics (including fabrics not formed from garding the proposed action from the appro- Trade Preference Act will bolster the confidence yarns, if such fabrics are classifiable under priate advisory committee established under sec- of domestic private enterprise and foreign inves- heading 5602 or 5603 of the HTS and are formed tion 135 of the Trade Act of 1974 (19 U.S.C. 2155) tors in the economic prospects of the region, en- in 1 or more ATPEA beneficiary countries) or and the United States International Trade Com- components are in chief weight of llama, or al- suring that legitimate private enterprise can be mission; the engine of economic development and polit- paca. ‘‘(III) within 60 days after the request, the ical stability in the region. ‘‘(IV) Fabrics or yarns that are not formed in President has submitted a report to the Com- (7) Each of the Andean beneficiary countries the United States or in 1 or more ATPEA bene- mittee on Ways and Means of the House of Rep- is committed to conclude negotiation of a Free ficiary countries, to the extent such fabrics or resentatives and the Committee on Finance of Trade Area of the Americas by the year 2005, as yarns are considered not to be widely available the Senate that sets forth the action proposed to a means of enhancing the economic security of in commercial quantities for purposes of deter- be proclaimed and the reasons for such actions, the region. mining the eligibility of such apparel articles for and the advice obtained under subclause (II); (8) Temporarily enhancing trade benefits for preferential treatment under Annex 401 of the ‘‘(IV) a period of 60 calendar days, beginning Andean beneficiaries countries will promote the NAFTA. with the first day on which the President has growth of free enterprise and economic oppor- ‘‘(ii) KNIT-TO-SHAPE APPAREL ARTICLES.—Ap- met the requirements of subclause (III), has ex- tunity in these countries and serve the security parel articles knit-to-shape (other than socks pired; and interests of the United States, the region, and provided for in heading 6115 of the HTS) in 1 or ‘‘(V) the President has consulted with such the world. more ATPEA beneficiary countries from yarns committees regarding the proposed action during SEC. 3102. TEMPORARY PROVISIONS. wholly formed in the United States. the period referred to in subclause (III). (a) IN GENERAL.—Section 204(b) of the Andean ‘‘(iii) REGIONAL FABRIC.— ‘‘(vi) HANDLOOMED, HANDMADE, AND FOLK- Trade Preference Act (19 U.S.C. 3203(b)) is ‘‘(I) GENERAL RULE.—Knit apparel articles LORE ARTICLES.—A handloomed, handmade, or amended to read as follows: wholly assembled in 1 or more ATPEA bene- folklore article of an ATPEA beneficiary coun- ‘‘(b) IMPORT-SENSITIVE ARTICLES.— ficiary countries exclusively from fabric formed, try identified under subparagraph (C) that is ‘‘(1) IN GENERAL.—Subject to paragraphs (2) or fabric components formed, or components certified as such by the competent authority of through (5), the duty-free treatment provided knit-to-shape, or any combination thereof, in 1 such beneficiary country. under this title does not apply to— or more ATPEA beneficiary countries from ‘‘(vii) SPECIAL RULES.— ‘‘(A) textile and apparel articles which were yarns wholly formed in the United States, in an ‘‘(I) EXCEPTION FOR FINDINGS AND TRIM- not eligible articles for purposes of this title on amount not exceeding the amount set forth in MINGS.—(aa) An article otherwise eligible for January 1, 1994, as this title was in effect on subclause (II). preferential treatment under this paragraph that date; ‘‘(II) LIMITATION.—The amount referred to in shall not be ineligible for such treatment be- ‘‘(B) footwear not designated at the time of subclause (I) is 70,000,000 square meter equiva- cause the article contains findings or trimmings the effective date of this title as eligible articles lents during the 1-year period beginning on of foreign origin, if such findings and trimmings for the purpose of the generalized system of March 1, 2002, increased by 16 percent, com- do not exceed 25 percent of the cost of the com- preferences under title V of the Trade Act of pounded annually, in each succeeding 1-year ponents of the assembled product. Examples of 1974; period through February 28, 2006. findings and trimmings are sewing thread, ‘‘(C) tuna, prepared or preserved in any man- ‘‘(iv) CERTAIN OTHER APPAREL ARTICLES.— hooks and eyes, snaps, buttons, ‘bow buds’, dec- ner, in airtight containers; ‘‘(I) GENERAL RULE.—Subject to subclause orative lace, trim, elastic strips, zippers, includ- ‘‘(D) petroleum, or any product derived from (II), any apparel article classifiable under sub- ing zipper tapes and labels, and other similar petroleum, provided for in headings 2709 and heading 6212.10 of the HTS, if the article is both products. Elastic strips are considered findings 2710 of the HTS; cut and sewn or otherwise assembled in the or trimmings only if they are each less than 1 ‘‘(E) watches and watch parts (including United States, or one or more of the ATPEA inch in width and are used in the production of cases, bracelets, and straps), of whatever type beneficiary countries, or both. brassieres. including, but not limited to, mechanical, quartz ‘‘(II) LIMITATION.—During the 1-year period ‘‘(bb) In the case of an article described in digital, or quartz analog, if such watches or beginning on March 1, 2003, and during each of clause (i)(I) of this subparagraph, sewing thread watch parts contain any material which is the the 2 succeeding 1-year periods, apparel articles shall not be treated as findings or trimmings product of any country with respect to which described in subclause (I) of a producer or an under this subclause. HTS column 2 rates of duty apply; entity controlling production shall be eligible for ‘‘(II) CERTAIN INTERLININGS.—(aa) An article ‘‘(F) articles to which reduced rates of duty preferential treatment under subparagraph (B) otherwise eligible for preferential treatment apply under subsection (c); only if the aggregate cost of fabric components under this paragraph shall not be ineligible for ‘‘(G) sugars, syrups, and sugar containing formed in the United States that are used in the such treatment because the article contains cer- products subject to tariff-rate quotas; or production of all such articles of that producer tain interlinings of foreign origin, if the value of

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.036 pfrm12 PsN: H26PT1 H3996 CONGRESSIONAL RECORD — HOUSE June 26, 2002 such interlinings (and any findings and trim- ficiary country or countries through whose ter- 6404.11.60, 6404.11.70, 6404.11.80, 6404.11.90, mings) does not exceed 25 percent of the cost of ritory the transshipment has occurred take all 6404.19.20, 6404.19.35, 6404.19.50, or 6404.19.70 of the components of the assembled article. necessary and appropriate actions to prevent the HTS. ‘‘(bb) Interlinings eligible for the treatment such transshipment. If the President determines ‘‘(B) RELATIONSHIP TO SUBSECTION (C) DUTY described in division (aa) include only a chest that a country is not taking such actions, the REDUCTIONS.—If at any time during the transi- type plate, ‘hymo’ piece, or ‘sleeve header’, of President shall reduce the quantities of textile tion period the rate of duty that would (but for woven or weft-inserted warp knit construction and apparel articles that may be imported into action taken under subparagraph (A)(i) in re- and of coarse animal hair or man-made fila- the United States from such country by the gard to such period) apply with respect to any ments. quantity of the transshipped articles multiplied article under subsection (c) is a rate of duty ‘‘(cc) The treatment described in this sub- by 3, to the extent consistent with the obliga- that is lower than the rate of duty resulting clause shall terminate if the President makes a tions of the United States under the WTO. from such action, then such lower rate of duty determination that United States manufacturers ‘‘(iii) TRANSSHIPMENT DESCRIBED.—Trans- shall be applied for the purposes of imple- are producing such interlinings in the United shipment within the meaning of this subpara- menting such action. States in commercial quantities. graph has occurred when preferential treatment ‘‘(C) SPECIAL RULE FOR SUGARS, SYRUPS, AND ‘‘(III) DE MINIMIS RULE.—An article that under subparagraph (B) has been claimed for a SUGAR CONTAINING PRODUCTS.—Duty-free treat- would otherwise be ineligible for preferential textile or apparel article on the basis of material ment under this Act shall not be extended to treatment under this paragraph because the ar- false information concerning the country of ori- sugars, syrups, and sugar-containing products ticle contains yarns not wholly formed in the gin, manufacture, processing, or assembly of the subject to over-quota duty rates under applica- United States or in 1 or more ATPEA bene- article or any of its components. For purposes of ble tariff-rate quotas. ficiary countries shall not be ineligible for such this clause, false information is material if dis- ‘‘(D) SPECIAL RULE FOR CERTAIN TUNA PROD- treatment if the total weight of all such yarns is closure of the true information would mean or UCTS.— not more than 7 percent of the total weight of would have meant that the article is or was in- ‘‘(i) IN GENERAL.—The President may proclaim the good. Notwithstanding the preceding sen- eligible for preferential treatment under sub- duty-free treatment under this Act for tuna that tence, an apparel article containing elastomeric paragraph (B). is harvested by United States vessels or ATPEA yarns shall be eligible for preferential treatment ‘‘(E) BILATERAL EMERGENCY ACTIONS.— beneficiary country vessels, and is prepared or under this paragraph only if such yarns are ‘‘(i) IN GENERAL.—The President may take bi- preserved in any manner, in airtight containers wholly formed in the United States. lateral emergency tariff actions of a kind de- in an ATPEA beneficiary country. Such duty- ‘‘(IV) SPECIAL ORIGIN RULE.—An article other- scribed in section 4 of the Annex with respect to free treatment may be proclaimed in any cal- wise eligible for preferential treatment under any apparel article imported from an ATPEA endar year for a quantity of such tuna that clause (i) of this subparagraph shall not be in- beneficiary country if the application of tariff does not exceed 20 percent of the domestic eligible for such treatment because the article treatment under subparagraph (B) to such arti- United States tuna pack in the preceding cal- contains nylon filament yarn (other than elas- cle results in conditions that would be cause for endar year. As used in the preceding sentence, tomeric yarn) that is classifiable under sub- the taking of such actions under such section 4 the term ‘tuna pack’ means tuna pack as de- heading 5402.10.30, 5402.10.60, 5402.31.30, with respect to a like article described in the fined by the National Marine Fisheries Service 5402.31.60, 5402.32.30, 5402.32.60, 5402.41.10, same 8-digit subheading of the HTS that is im- of the United States Department of Commerce 5402.41.90, 5402.51.00, or 5402.61.00 of the HTS ported from Mexico. for purposes of subheading 1604.14.20 of the HTS duty-free from a country that is a party to an ‘‘(ii) RULES RELATING TO BILATERAL EMER- as in effect on the date of enactment of the An- agreement with the United States establishing a GENCY ACTION.—For purposes of applying bilat- dean Trade Preference Expansion Act. free trade area, which entered into force before eral emergency action under this ‘‘(ii) UNITED STATES VESSEL.—For purposes of January 1, 1995. subparagraph— this subparagraph, a ‘United States vessel’ is a ‘‘(V) CLARIFICATION OF CERTAIN KNIT APPAREL ‘‘(I) the requirements of paragraph (5) of sec- vessel having a certificate of documentation ARTICLES.—Notwithstanding any other provi- tion 4 of the Annex (relating to providing com- with a fishery endorsement under chapter 121 of sion of law, an article otherwise eligible for pensation) shall not apply; title 46, United States Code. preferential treatment under clause (iii)(I) of ‘‘(II) the term ‘transition period’ in section 4 ‘‘(iii) ATPEA VESSEL.—For purposes of this this subparagraph, shall not be ineligible for of the Annex shall have the meaning given that subparagraph, an ‘ATPEA vessel’ is a vessel— such treatment because the article, or a compo- term in paragraph (5)(D) of this subsection; and ‘‘(I) which is registered or recorded in an nent thereof, contains fabric formed in the ‘‘(III) the requirements to consult specified in ATPEA beneficiary country; ‘‘(II) which sails under the flag of an ATPEA United States from yarns wholly formed in the section 4 of the Annex shall be treated as satis- fied if the President requests consultations with beneficiary country; United States. ‘‘(III) which is at least 75 percent owned by ‘‘(viii) TEXTILE LUGGAGE.—Textile luggage— the ATPEA beneficiary country in question and nationals of an ATPEA beneficiary country or ‘‘(I) assembled in an ATPEA beneficiary the country does not agree to consult within the by a company having its principal place of busi- country from fabric wholly formed and cut in time period specified under section 4. ness in an ATPEA beneficiary country, of the United States, from yarns wholly formed in ‘‘(3) TRANSITION PERIOD TREATMENT OF CER- which the manager or managers, chairman of the United States, that is entered under sub- TAIN OTHER ARTICLES ORIGINATING IN BENE- the board of directors or of the supervisory heading 9802.00.80 of the HTS; or FICIARY COUNTRIES.— board, and the majority of the members of such ‘‘(II) assembled from fabric cut in an ATPEA ‘‘(A) EQUIVALENT TARIFF TREATMENT.— beneficiary country from fabric wholly formed ‘‘(i) IN GENERAL.—Subject to clauses (ii) and boards are nationals of an ATPEA beneficiary in the United States from yarns wholly formed (iii), the tariff treatment accorded at any time country and of which, in the case of a company, in the United States. during the transition period to any article re- at least 50 percent of is owned by an ‘‘(B) PREFERENTIAL TREATMENT.—Except as ferred to in any of subparagraphs (B), (D) ATPEA beneficiary country or by public bodies provided in subparagraph (E), during the tran- through (F), or (H) of paragraph (1) that is an or nationals of an ATPEA beneficiary country; ‘‘(IV) of which the master and officers are na- sition period, the articles to which subpara- ATPEA originating good, imported directly into tionals of an ATPEA beneficiary country; and graph (A) applies shall enter the United States the customs territory of the United States from ‘‘(V) of which at least 75 percent of the crew free of duty and free of any quantitative restric- an ATPEA beneficiary country, shall be iden- are nationals of an ATPEA beneficiary country. tions, limitations, or consultation levels. tical to the tariff treatment that is accorded at ‘‘(4) CUSTOMS PROCEDURES.— ‘‘(C) HANDLOOMED, HANDMADE, AND FOLK- such time under Annex 302.2 of the NAFTA to ‘‘(A) IN GENERAL.— LORE ARTICLES.—For purposes of subparagraph an article described in the same 8-digit sub- ‘‘(i) REGULATIONS.—Any importer that claims (A)(vi), the President shall consult with rep- heading of the HTS that is a good of Mexico preferential treatment under paragraph (2) or resentatives of the ATPEA beneficiary countries and is imported into the United States. (3) shall comply with customs procedures similar concerned for the purpose of identifying par- ‘‘(ii) EXCEPTION.—Clause (i) does not apply to in all material respects to the requirements of ticular textile and apparel goods that are mutu- any article accorded duty-free treatment under Article 502(1) of the NAFTA as implemented ally agreed upon as being handloomed, hand- U.S. Note 2(b) to subchapter II of chapter 98 of pursuant to United States law, in accordance made, or folklore goods of a kind described in the HTS. with regulations promulgated by the Secretary section 2.3(a), (b), or (c) of the Annex or Appen- ‘‘(iii) CERTAIN FOOTWEAR.— of the Treasury. dix 3.1.B.11 of the Annex. ‘‘(I) IN GENERAL.—Duties on any article de- ‘‘(ii) DETERMINATION.— ‘‘(D) PENALTIES FOR TRANSSHIPMENTS.— scribed in subclause (II), that is an ATPEA orig- ‘‘(I) IN GENERAL.—In order to qualify for the ‘‘(i) PENALTIES FOR EXPORTERS.—If the Presi- inating good imported directly into the customs preferential treatment under paragraph (2) or dent determines, based on sufficient evidence, territory of the United States from an ATPEA (3) and for a Certificate of Origin to be valid that an exporter has engaged in transshipment beneficiary country, shall be reduced by 1/15 a with respect to any article for which such treat- with respect to textile or apparel articles from year beginning on the date of enactment of the ment is claimed, there shall be in effect a deter- an ATPEA beneficiary country, then the Presi- Andean Trade Preference Expansion Act. mination by the President that each country de- dent shall deny all benefits under this title to ‘‘(II) ARTICLES DESCRIBED.—An article de- scribed in subclause (II)— such exporter, and any successor of such ex- scribed in this subclause means an article de- ‘‘(aa) has implemented and follows; or porter, for a period of 2 years. scribed in subheading 6401.10.00, 6401.91.00, ‘‘(bb) is making substantial progress toward ‘‘(ii) PENALTIES FOR COUNTRIES.—Whenever 6401.92.90, 6401.99.30, 6401.99.60, 6401.99.90, implementing and following, procedures and re- the President finds, based on sufficient evi- 6402.30.50, 6402.30.70, 6402.30.80, 6402.91.50, quirements similar in all material respects to the dence, that transshipment has occurred, the 6402.91.80, 6402.91.90, 6402.99.20, 6402.99.30, relevant procedures and requirements under President shall request that the ATPEA bene- 6402.99.80, 6402.99.90, 6403.91.60, 6404.11.50, chapter 5 of the NAFTA.

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‘‘(II) COUNTRY DESCRIBED.—A country is de- ‘‘(V) acceptable conditions of work with re- if, after such designation, the President deter- scribed in this subclause if it is an ATPEA bene- spect to minimum wages, hours of work, and oc- mines that, as a result of changed cir- ficiary country— cupational safety and health. cumstances, the performance of such country is ‘‘(aa) from which the article is exported; or ‘‘(iv) Whether the country has implemented its not satisfactory under the criteria set forth in ‘‘(bb) in which materials used in the produc- commitments to eliminate the worst forms of section 204(b)(5)(B).’’; and tion of the article originate or in which the arti- child labor, as defined in section 507(6) of the (2) by adding after paragraph (2) the fol- cle or such materials undergo production that Trade Act of 1974. lowing new paragraph: contributes to a claim that the article is eligible ‘‘(v) The extent to which the country has met ‘‘(3) If preferential treatment under section for preferential treatment under paragraph (2) the counter-narcotics certification criteria set 204(b) (2) and (3) is withdrawn, suspended, or or (3). forth in section 490 of the Foreign Assistance limited with respect to an ATPEA beneficiary ‘‘(B) CERTIFICATE OF ORIGIN.—The Certificate Act of 1961 (22 U.S.C. 2291j) for eligibility for country, such country shall not be deemed to be of Origin that otherwise would be required pur- United States assistance. a ‘party’ for the purposes of applying section suant to the provisions of subparagraph (A) ‘‘(vi) The extent to which the country has 204(b)(5)(C) to imports of articles for which pref- shall not be required in the case of an article im- taken steps to become a party to and implements erential treatment has been withdrawn, sus- ported under paragraph (2) or (3) if such Certifi- the Inter-American Convention Against Corrup- pended, or limited with respect to such coun- cate of Origin would not be required under Arti- tion. try.’’. cle 503 of the NAFTA (as implemented pursuant ‘‘(vii) The extent to which the country— (c) REPORTING REQUIREMENTS.—Section 203(f ) to United States law), if the article were im- ‘‘(I) applies transparent, nondiscriminatory, of the Andean Trade Preference Act (19 U.S.C. ported from Mexico. and competitive procedures in government pro- 3202(f )) is amended to read as follows: ‘‘(C) REPORT BY USTR ON COOPERATION OF curement equivalent to those contained in the ‘‘(f ) REPORTING REQUIREMENTS.— OTHER COUNTRIES CONCERNING CIRCUMVEN- Agreement on Government Procurement de- ‘‘(1) IN GENERAL.—Not later than December 31, TION.—The United States Commissioner of Cus- scribed in section 101(d)(17) of the Uruguay 2002, and every 2 years thereafter during the pe- toms shall conduct a study analyzing the extent Round Agreements Act; and riod this title is in effect, the United States to which each ATPEA beneficiary country— ‘‘(II) contributes to efforts in international Trade Representative shall submit to Congress a ‘‘(i) has cooperated fully with the United fora to develop and implement international report regarding the operation of this title, States, consistent with its domestic laws and rules in transparency in government procure- including— procedures, in instances of circumvention or al- ment. ‘‘(A) with respect to subsections (c) and (d), leged circumvention of existing quotas on im- ‘‘(viii) The extent to which the country has the results of a general review of beneficiary ports of textile and apparel goods, to establish taken steps to support the efforts of the United countries based on the considerations described necessary relevant facts in the places of import, States to combat terrorism. in such subsections; and export, and, where applicable, transshipment, ‘‘(C) ATPEA ORIGINATING GOOD.— ‘‘(B) the performance of each beneficiary ‘‘(i) IN GENERAL.—The term ‘ATPEA origi- including investigation of circumvention prac- country or ATPEA beneficiary country, as the nating good’ means a good that meets the rules tices, exchanges of documents, correspondence, case may be, under the criteria set forth in sec- of origin for a good set forth in chapter 4 of the reports, and other relevant information, to the tion 204(b)(5)(B). NAFTA as implemented pursuant to United extent such information is available; ‘‘(2) PUBLIC COMMENT.—Before submitting the ‘‘(ii) has taken appropriate measures, con- States law. report described in paragraph (1), the United ‘‘(ii) APPLICATION OF CHAPTER 4.—In applying sistent with its domestic laws and procedures, States Trade Representative shall publish a no- chapter 4 of the NAFTA with respect to an against exporters and importers involved in in- tice in the Federal Register requesting public ATPEA beneficiary country for purposes of this stances of false declaration concerning fiber comments on whether beneficiary countries are subsection— content, quantities, description, classification, meeting the criteria listed in section ‘‘(I) no country other than the United States or origin of textile and apparel goods; and 204(b)(5)(B).’’. and an ATPEA beneficiary country may be ‘‘(iii) has penalized the individuals and enti- (d) CONFORMING AMENDMENTS.— treated as being a party to the NAFTA; ties involved in any such circumvention, con- (1) IN GENERAL.— ‘‘(II) any reference to trade between the sistent with its domestic laws and procedures, (A) Section 202 of the Andean Trade Pref- United States and Mexico shall be deemed to and has worked closely to seek the cooperation erence Act (19 U.S.C. 3201) is amended by insert- refer to trade between the United States and an of any third country to prevent such circumven- ing ‘‘(or other preferential treatment)’’ after ATPEA beneficiary country; tion from taking place in that third country. ‘‘treatment’’. ‘‘(III) any reference to a party shall be (B) Section 204(a)(1) of the Andean Trade The Trade Representative shall submit to Con- deemed to refer to an ATPEA beneficiary coun- gress, not later than October 1, 2002, a report on Preference Act (19 U.S.C. 3203(a)(1)) is amended try or the United States; and by inserting ‘‘(or otherwise provided for)’’ after the study conducted under this subparagraph. ‘‘(IV) any reference to parties shall be deemed ‘‘(5) DEFINITIONS AND SPECIAL RULES.—For ‘‘eligibility’’. to refer to any combination of ATPEA bene- (C) Section 204(a)(1) of the Andean Trade purposes of this subsection— ficiary countries or to the United States and one ‘‘(A) ANNEX.—The term ‘the Annex’ means Preference Act (19 U.S.C. 3203(a)(1)) is amended or more ATPEA beneficiary countries (or any Annex 300–B of the NAFTA. by inserting ‘‘(or preferential treatment)’’ after combination thereof ). ‘‘(B) ATPEA BENEFICIARY COUNTRY.—The ‘‘duty-free treatment’’. ‘‘(D) TRANSITION PERIOD.—The term ‘transi- term ‘ATPEA beneficiary country’ means any (2) DEFINITIONS.—Section 203(a) of the Ande- tion period’ means, with respect to an ATPEA an Trade Preference Act (19 U.S.C. 3202(a)) is ‘beneficiary country’, as defined in section beneficiary country, the period that begins on 203(a)(1) of this title, which the President des- amended by adding at the end the following the date of enactment, and ends on the earlier new paragraphs: ignates as an ATPEA beneficiary country, tak- of— ing into account the criteria contained in sub- ‘‘(4) The term ‘‘NAFTA’’ means the North ‘‘(i) February 28, 2006; or American Free Trade Agreement entered into be- sections (c) and (d) of section 203 and other ap- ‘‘(ii) the date on which the FTAA or another propriate criteria, including the following: tween the United States, Mexico, and Canada free trade agreement that makes substantial on December 17, 1992. ‘‘(i) Whether the beneficiary country has dem- progress in achieving the negotiating objectives onstrated a commitment to— ‘‘(5) The terms ‘WTO’ and ‘WTO member’ set forth in section 108(b)(5) of Public Law 103– have the meanings given those terms in section ‘‘(I) undertake its obligations under the WTO, 182 (19 U.S.C. 3317(b)(5)) enters into force with including those agreements listed in section 2 of the Uruguay Round Agreements Act (19 respect to the United States and the ATPEA U.S.C. 3501).’’. 101(d) of the Uruguay Round Agreements Act, beneficiary country. on or ahead of schedule; and (e) PETITIONS FOR REVIEW.— ‘‘(E) ATPEA.—The term ‘ATPEA’ means the (1) IN GENERAL.—Not later than 120 days after ‘‘(II) participate in negotiations toward the Andean Trade Preference Expansion Act. completion of the FTAA or another free trade the date of enactment of this Act, the President ‘‘(F) FTAA.—The term ‘FTAA’ means the shall promulgate regulations regarding the re- agreement. Free Trade Area of the Americas.’’. ‘‘(ii) The extent to which the country provides view of eligibility of articles and countries under (b) DETERMINATION REGARDING RETENTION OF the Andean Trade Preference Act, consistent protection of intellectual property rights con- DESIGNATION.—Section 203(e) of the Andean sistent with or greater than the protection af- with section 203(e) of such Act, as amended by Trade Preference Act (19 U.S.C. 3202(e)) is this title. forded under the Agreement on Trade-Related amended— (2) CONTENT OF REGULATIONS.—The regula- Aspects of Intellectual Property Rights described (1) in paragraph (1)— tions shall be similar to the regulations regard- in section 101(d)(15) of the Uruguay Round (A) by redesignating subparagraphs (A) and ing eligibility under the Generalized System of Agreements Act. (B) as clauses (i) and (ii), respectively; ‘‘(iii) The extent to which the country pro- (B) by inserting ‘‘(A)’’ after ‘‘(1)’’; and Preferences with respect to the timetable for re- vides internationally recognized worker rights, (C) by adding at the end the following: views and content, and shall include procedures including— ‘‘(B) The President may, after the require- for requesting withdrawal, suspension, or limi- ‘‘(I) the right of association; ments of paragraph (2) have been met— tations of preferential duty treatment under the ‘‘(II) the right to organize and bargain collec- ‘‘(i) withdraw or suspend the designation of Act, conducting reviews of such requests, and tively; any country as an ATPEA beneficiary country; implementing the results of the reviews. ‘‘(III) a prohibition on the use of any form of or SEC. 3103. TERMINATION. forced or compulsory labor; ‘‘(ii) withdraw, suspend, or limit the applica- (a) IN GENERAL.—Section 208(b) of the Andean ‘‘(IV) a minimum age for the employment of tion of preferential treatment under section Trade Preference Act (19 U.S.C. 3206(b)) is children; and 204(b) (2) and (3) to any article of any country; amended to read as follows:

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‘‘(b) TERMINATION OF PREFERENTIAL TREAT- scribed in heading 9902.51.14 of the Harmonized ‘‘(3) MANUFACTURERS OF WOOL YARN OR WOOL MENT.—No preferential duty treatment extended Tariff Schedule of the United States shall be eli- FABRIC OF IMPORTED WOOL FIBER OR WOOL to beneficiary countries under this Act shall re- gible for a payment equal to an amount deter- TOP.— main in effect after February 28, 2006.’’. mined pursuant to subsection (d)(3). ‘‘(A) IMPORTING MANUFACTURERS.—Each an- (b) RETROACTIVE APPLICATION FOR CERTAIN ‘‘(2) NONIMPORTING MANUFACTURERS.—For nual payment to an importing manufacturer de- LIQUIDATIONS AND RELIQUIDATIONS.— each of the calendar years 2001 and 2002, any scribed in subsection (c)(1) shall be in an (1) IN GENERAL.—Notwithstanding section 514 other manufacturer of wool yarn or wool fabric amount equal to one-third of the amount deter- of the Tariff Act of 1930 or any other provision of imported wool fiber or wool top of the kind mined by multiplying $1,522,000 by a fraction— of law, and subject to paragraph (3), the entry— described in heading 9902.51.14 of the Har- ‘‘(i) the numerator of which is the amount at- (A) of any article to which duty-free treat- monized Tariff Schedule of the United States tributable to the duties paid on eligible wool ment (or preferential treatment) under the An- shall be eligible for a payment equal to an products imported in calendar year 1999 by the dean Trade Preference Act (19 U.S.C. 3201 et amount determined pursuant to subsection importing manufacturer making the claim, and ‘‘(ii) the denominator of which is the total seq.) would have applied if the entry had been (d)(3).’’. amount attributable to the duties paid on eligi- made on December 4, 2001, (D) Section 505 is further amended by striking ble wool products imported in calendar year (B) that was made after December 4, 2001, and subsection (d) and inserting the following new 1999 by all the importing manufacturers de- before the date of the enactment of this Act, and subsections: (C) to which duty-free treatment (or pref- scribed in subsection (c)(1). ‘‘(d) AMOUNT OF ANNUAL PAYMENTS TO MANU- ‘‘(B) ELIGIBLE WOOL PRODUCTS.—For purposes erential treatment) under the Andean Trade FACTURERS.— of subparagraph (A), the term ‘eligible wool Preference Act did not apply, ‘‘(1) MANUFACTURERS OF MEN’S SUITS, ETC. OF products’ refers to imported wool fiber or wool shall be liquidated or reliquidated as if such IMPORTED WORSTED WOOL FABRICS.— top described in subsection (c)(1). duty-free treatment (or preferential treatment) ‘‘(A) ELIGIBLE TO RECEIVE MORE THAN $5,000.— ‘‘(C) NONIMPORTING MANUFACTURERS.—Each applied, and the Secretary of the Treasury shall Each annual payment to manufacturers de- annual payment to a nonimporting manufac- refund any duty paid with respect to such scribed in subsection (a) who, according to the turer described in subsection (c)(2) shall be in entry. records of the Customs Service as of September an amount equal to one-half of the amount de- (2) ENTRY.—As used in this subsection, the 11, 2001, are eligible to receive more than $5,000 termined by multiplying $597,000 by a fraction— term ‘‘entry’’ includes a withdrawal from ware- for each of the calendar years 2000, 2001, and ‘‘(i) the numerator of which is the amount at- house for consumption. 2002, shall be in an amount equal to one-third of tributable to the purchases of imported eligible (3) REQUESTS.—Liquidation or reliquidation the amount determined by multiplying wool products in calendar year 1999 by the non- may be made under paragraph (1) with respect $30,124,000 by a fraction— importing manufacturer making the claim, and to an entry only if a request therefor is filed ‘‘(i) the numerator of which is the amount at- ‘‘(ii) the denominator of which is the amount with the Customs Service, within 180 days after tributable to the duties paid on eligible wool attributable to the purchases of imported eligible the date of the enactment of this Act, that con- products imported in calendar year 1999 by the wool products in calendar year 1999 by all the tains sufficient information to enable the Cus- manufacturer making the claim, and nonimporting manufacturers described in sub- toms Service— ‘‘(ii) the denominator of which is the total section (c)(2). (A) to locate the entry; or amount attributable to the duties paid on eligi- ‘‘(4) LETTERS OF INTENT.—Except for the non- (B) to reconstruct the entry if it cannot be lo- ble wool products imported in calendar year importing manufacturers described in sub- cated. 1999 by all the manufacturers described in sub- sections (b)(2) and (c)(2) who may make claims TITLE XXXII—MISCELLANEOUS TRADE section (a) who, according to the records of the under this section by virtue of the enactment of BENEFITS Customs Service as of September 11, 2001, are eli- the Wool Manufacturer Payment Clarification SEC. 3201. WOOL PROVISIONS. gible to receive more than $5,000 for each such and Technical Corrections Act, only manufac- turers who, according to the records of the Cus- (a) SHORT TITLE.—This section may be cited calendar year under this section as it was in ef- toms Service, filed with the Customs Service be- as the ‘‘Wool Manufacturer Payment Clarifica- fect on that date. fore September 11, 2001, letters of intent to estab- tion and Technical Corrections Act’’. ‘‘(B) ELIGIBLE WOOL PRODUCTS.—For purposes lish eligibility to be claimants are eligible to (b) CLARIFICATION OF TEMPORARY DUTY SUS- of subparagraph (A), the term ‘eligible wool make a claim for a payment under this section. PENSION.—Heading 9902.51.13 of the Harmonized products’ refers to imported worsted wool fabrics ‘‘(5) AMOUNT ATTRIBUTABLE TO PURCHASES BY Tariff Schedule of the United States is amended described in subsection (a). ‘‘(C) OTHERS.—All manufacturers described in NONIMPORTING MANUFACTURERS.— by inserting ‘‘average’’ before ‘‘diameters’’. ‘‘(A) AMOUNT ATTRIBUTABLE.—For purposes (c) PAYMENTS TO MANUFACTURERS OF CERTAIN subsection (a), other than the manufacturers to which subparagraph (A) applies, shall each re- of paragraphs (2)(C) and (3)(C), the amount at- WOOL PRODUCTS.— tributable to the purchases of imported eligible (1) PAYMENTS.—Section 505 of the Trade and ceive an annual payment in an amount equal to one-third of the amount determined by dividing wool products in calendar year 1999 by a non- Development Act of 2000 (Public Law 106–200; importing manufacturer shall be the amount the 114 Stat. 303) is amended as follows: $1,665,000 by the number of all such other manu- facturers. nonimporting manufacturer paid for eligible (A) Subsection (a) is amended— wool products in calendar year 1999, as evi- ‘‘(2) MANUFACTURERS OF WORSTED WOOL FAB- (i) by striking ‘‘In each of the calendar years’’ denced by invoices. The nonimporting manufac- RICS OF IMPORTED WOOL YARN.— and inserting ‘‘For each of the calendar years’’; turer shall make such calculation and submit and ‘‘(A) IMPORTING MANUFACTURERS.—Each an- nual payment to an importing manufacturer de- the resulting amount to the Customs Service, (ii) by striking ‘‘for a refund of duties’’ and within 45 days after the date of enactment of all that follows through the end of the sub- scribed in subsection (b)(1) shall be in an amount equal to one-third of the amount deter- the Wool Manufacturer Payment Clarification section and inserting ‘‘for a payment equal to and Technical Corrections Act, in a signed affi- an amount determined pursuant to subsection mined by multiplying $2,202,000 by a fraction— ‘‘(i) the numerator of which is the amount at- davit that attests that the information con- (d)(1).’’. tained therein is true and accurate to the best of (B) Subsection (b) is amended to read as fol- tributable to the duties paid on eligible wool products imported in calendar year 1999 by the the affiant’s belief and knowledge. The non- lows: importing manufacturer shall retain the records ‘‘(b) WOOL YARN.— importing manufacturer making the claim, and upon which the calculation is based for a period ‘‘(1) IMPORTING MANUFACTURERS.—For each of ‘‘(ii) the denominator of which is the total of five years beginning on the date the affidavit the calendar years 2000, 2001, and 2002, a manu- amount attributable to the duties paid on eligi- is submitted to the Customs Service. ble wool products imported in calendar year facturer of worsted wool fabrics who imports ‘‘(B) ELIGIBLE WOOL PRODUCT.—For purposes 1999 by all the importing manufacturers de- wool yarn of the kind described in heading of subparagraph (A)— 9902.51.13 of the Harmonized Tariff Schedule of scribed in subsection (b)(1). ‘‘(i) the eligible wool product for nonimporting the United States shall be eligible for a payment ‘‘(B) ELIGIBLE WOOL PRODUCTS.—For purposes manufacturers of worsted wool fabrics is wool equal to an amount determined pursuant to sub- of subparagraph (A), the term ‘eligible wool yarn of the kind described in heading 9902.51.13 section (d)(2). products’ refers to imported wool yarn described of the Harmonized Tariff Schedule of the United ‘‘(2) NONIMPORTING MANUFACTURERS.—For in subsection (b)(1). States purchased in calendar year 1999; and each of the calendar years 2001 and 2002, any ‘‘(C) NONIMPORTING MANUFACTURERS.—Each ‘‘(ii) the eligible wool products for non- other manufacturer of worsted wool fabrics of annual payment to a nonimporting manufac- importing manufacturers of wool yarn or wool imported wool yarn of the kind described in turer described in subsection (b)(2) shall be in fabric are wool fiber or wool top of the kind de- heading 9902.51.13 of the Harmonized Tariff an amount equal to one-half of the amount de- scribed in heading 9902.51.14 of such Schedule Schedule of the United States shall be eligible termined by multiplying $141,000 by a fraction— purchased in calendar year 1999. for a payment equal to an amount determined ‘‘(i) the numerator of which is the amount at- ‘‘(6) AMOUNT ATTRIBUTABLE TO DUTIES PAID.— pursuant to subsection (d)(2).’’. tributable to the purchases of imported eligible For purposes of paragraphs (1), (2)(A), and (C) Subsection (c) is amended to read as fol- wool products in calendar year 1999 by the non- (3)(A), the amount attributable to the duties lows: importing manufacturer making the claim, and paid by a manufacturer shall be the amount ‘‘(c) WOOL FIBER AND WOOL TOP.— ‘‘(ii) the denominator of which is the total shown on the records of the Customs Service as ‘‘(1) IMPORTING MANUFACTURERS.—For each of amount attributable to the purchases of im- of September 11, 2001, under this section as then the calendar years 2000, 2001, and 2002, a manu- ported eligible wool products in calendar year in effect. facturer of wool yarn or wool fabric who im- 1999 by all the nonimporting manufacturers de- ‘‘(7) SCHEDULE OF PAYMENTS; REALLOCA- ports wool fiber or wool top of the kind de- scribed in subsection (b)(2). TIONS.—

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‘‘(A) SCHEDULE.—Of the payments described SEC. 3202. DUTY SUSPENSION ON WOOL. subsection (a) that are entered, or withdrawn in paragraphs (1), (2)(A), and (3)(A), the Cus- (a) EXTENSION OF TEMPORARY DUTY REDUC- from warehouse for consumption— toms Service shall make the first and second in- TIONS.— (1) on or after the date that is 15 days after stallments on or before the date that is 45 days (1) HEADING 9902.51.11.— Heading 9902.51.11 of the date of enactment of this Act; and after the date of enactment of the Wool Manu- the Harmonized Tariff Schedule of the United (2) before July 30, 2002. facturer Payment Clarification and Technical States is amended by striking ‘‘2003’’ and insert- SEC. 3204. CERTAIN STEAM OR OTHER VAPOR Corrections Act, and the third installment on or ing ‘‘2005’’. GENERATING BOILERS USED IN NU- before April 15, 2003. Of the payments described (2) HEADING 9902.51.12.— Heading 9902.51.12 of CLEAR FACILITIES. in paragraphs (2)(C) and (3)(C), the Customs the Harmonized Tariff Schedule of the United (a) IN GENERAL.—Subheading 9902.84.02 of the Service shall make the first installment on or be- States is amended— Harmonized Tariff Schedule of the United fore the date that is 45 days after the date of en- (A) by striking ‘‘2003’’ and inserting ‘‘2005’’; States is amended— actment of the Wool Manufacturer Payment and (1) by striking ‘‘4.9%’’ and inserting ‘‘Free’’; Clarification and Technical Corrections Act, (B) by striking ‘‘6%’’ and inserting ‘‘Free’’. and and the second installment on or before April 15, (3) HEADING 9902.51.13.—Heading 9902.51.13 of (2) by striking ‘‘12/31/2003’’ and inserting ‘‘12/ 2003. the Harmonized Tariff Schedule of the United 31/2006’’. ‘‘(B) REALLOCATIONS.—In the event that a States is amended by striking ‘‘2003’’ and insert- (b) EFFECTIVE DATE.— manufacturer that would have received pay- ing ‘‘2005’’. (1) IN GENERAL.—The amendments made by ment under subparagraph (A) or (C) of para- (4) HEADING 9902.51.14.—Heading 9902.51.14 of subsection (a) shall apply to goods entered, or graph (1), (2), or (3) ceases to be qualified for the Harmonized Tariff Schedule of the United withdrawn from warehouse for consumption, on such payment as such a manufacturer, the States is amended by striking ‘‘2003’’ and insert- or after January 1, 2002. amounts otherwise payable to the remaining ing ‘‘2005’’. (2) RETROACTIVE APPLICATION.—Notwith- manufacturers under such subparagraph shall (b) LIMITATION ON QUANTITY OF IMPORTS.— standing section 514 of the Tariff Act of 1930 or be increased on a pro rata basis by the amount (1) NOTE 15.—U.S. Note 15 to subchapter II of any other provision of law, and subject to para- of the payment such manufacturer would have chapter 99 of the Harmonized Tariff Schedule of graph (4), the entry of any article— received. the United States is amended— (A) that was made on or after January 1, 2002, ‘‘(8) REFERENCE.—For purposes of paragraphs (A) by striking ‘‘from January 1 to December and (1)(A) and (6), the ‘records of the Customs Serv- 31 of each year, inclusive’’; and (B) to which duty-free treatment would have ice as of September 11, 2001’ are the records of (B) by striking ‘‘, or such other’’ and inserting applied if the amendment made by this section the Wool Duty Unit of the Customs Service on the following: ‘‘in calendar year 2001, 3,500,000 had been in effect on the date of such entry, September 11, 2001, as adjusted by the Customs square meter equivalents in calendar year 2002, shall be liquidated or reliquidated as if such Service to the extent necessary to carry out this and 4,500,000 square meter equivalents in cal- duty-free treatment applied, and the Secretary section. The amounts so adjusted are not subject endar year 2003 and each calendar year there- of the Treasury shall refund any duty paid with to administrative or judicial review. after, or such greater’’. respect to such entry. ‘‘(e) AFFIDAVITS BY MANUFACTURERS.— (2) NOTE 16.—U.S. Note 16 to subchapter II of (3) ENTRY.—As used in this subsection, the term ‘‘entry’’ includes a withdrawal from ware- ‘‘(1) AFFIDAVIT REQUIRED.—A manufacturer chapter 99 of the Harmonized Tariff Schedule of may not receive a payment under this section the United States is amended— house for consumption. for calendar year 2000, 2001, or 2002, as the case (A) by striking ‘‘from January 1 to December (4) REQUESTS.—Liquidation or reliquidation may be, unless that manufacturer has submitted 31 of each year, inclusive’’; and may be made under paragraph (2) with respect to the Customs Service for that calendar year a (B) by striking ‘‘, or such other’’ and inserting to an entry only if a request therefor is filed signed affidavit that attests that, during that the following: ‘‘in calendar year 2001, 2,500,000 with the Customs Service, within 180 days after calendar year, the affiant was a manufacturer square meter equivalents in calendar year 2002, the date of the enactment of this Act, that con- in the United States described in subsection (a), and 3,500,000 square meter equivalents in cal- tains sufficient information to enable the Cus- (b), or (c). endar year 2003 and each calendar year there- toms Service— (A) to locate the entry; or ‘‘(2) TIMING.—An affidavit under paragraph after, or such greater’’. (B) to reconstruct the entry if it cannot be lo- (1) shall be valid— (c) EXTENSION OF DUTY REFUNDS AND WOOL cated. ‘‘(A) in the case of a manufacturer described RESEARCH TRUST FUND.— in paragraph (1), (2)(A), or (3)(A) of subsection (1) IN GENERAL.—The United States Customs DIVISION D—EXTENSION OF CERTAIN (d) filing a claim for a payment for calendar Service shall pay each manufacturer that re- PREFERENTIAL TRADE TREATMENT AND year 2000 or 2001, or both, only if the affidavit ceives a payment under section 505 of the Trade OTHER PROVISIONS is postmarked no later than 15 days after the and Development Act of 2000 (Public Law 106– TITLE XLI—EXTENSION OF GENERALIZED date of enactment of the Wool Manufacturer 200) for calendar year 2002, and that provides SYSTEM OF PREFERENCES an affidavit that it remains a manufacturer in Payment Clarification and Technical Correc- SEC. 4101. GENERALIZED SYSTEM OF PREF- tions Act; and the United States as of January 1 of the year of ERENCES. ‘‘(B) in the case of a claim for a payment for the payment, 2 additional payments, each pay- (a) EXTENSION OF DUTY-FREE TREATMENT calendar year 2002, only if the affidavit is post- ment equal to the payment received for calendar UNDER SYSTEM.—Section 505 of the Trade Act of marked no later than March 1, 2003. year 2002 as follows: 1974 (19 U.S.C. 2465) is amended by striking ‘‘(f) OFFSETS.—Notwithstanding any other (A) The first payment to be made after Janu- ‘‘September 30, 2001’’ and inserting ‘‘December provision of this section, any amount otherwise ary 1, 2004, but on or before April 15, 2004. 31, 2006’’. payable under subsection (d) to a manufacturer (B) The second payment to be made after Jan- (b) EFFECTIVE DATE.—The amendment made in calendar year 2001 and, where applicable, in uary 1, 2005, but on or before April 15, 2005. by subsection (a) shall take effect on the date of calendar years 2002 and 2003, shall be reduced (2) CONFORMING AMENDMENT.—Section 506(f) enactment of this Act. by the amount of any payment received by that of the Trade and Development Act of 2000 (Pub- (c) RETROACTIVE APPLICATION FOR CERTAIN manufacturer under this section before the en- lic Law 106–200) is amended by striking ‘‘2004’’ LIQUIDATIONS AND RELIQUIDATIONS.— actment of the Wool Manufacturer Payment and inserting ‘‘2006’’. (1) IN GENERAL.— Clarification and Technical Corrections Act. (3) AUTHORIZATION.—There is authorized to be (A) ENTRY OF CERTAIN ARTICLES.—Notwith- ‘‘(g) DEFINITION.—For purposes of this sec- appropriated and is appropriated out of standing section 514 of the Tariff Act of 1930 or tion, the manufacturer is the party that owns— amounts in the general fund of the Treasury not any other provision of law, and subject to para- ‘‘(1) imported worsted wool fabric, of the kind otherwise appropriated such sums as are nec- graph (2), the entry— described in heading 9902.51.11 or 9902.51.12 of essary to carry out the provisions of this sub- (i) of any article to which duty-free treatment the Harmonized Tariff Schedule of the United section. under title V of the Trade Act of 1974 would States, at the time the fabric is cut and sewn in (d) EFFECTIVE DATE.—The amendment made have applied if the entry had been made on Sep- the United States into men’s or boys’ suits, suit- by subsection (a)(2)(B) applies to goods entered, tember 30, 2001; type jackets, or trousers; or withdrawn from warehouse for consumption, (ii) that was made after September 30, 2001, ‘‘(2) imported wool yarn, of the kind described on or after January 1, 2002. and before the date of enactment of this Act; in heading 9902.51.13 of such Schedule, at the SEC. 3203. CEILING FANS. and time the yarn is processed in the United States (a) IN GENERAL.—Notwithstanding any other (iii) to which duty-free treatment under title V into worsted wool fabric; or provision of law, ceiling fans classified under of that Act did not apply, ‘‘(3) imported wool fiber or wool top, of the subheading 8414.51.00 of the Harmonized Tariff shall be liquidated or reliquidated as free of kind described in heading 9902.51.14 of such Schedule of the United States imported from duty, and the Secretary of the Treasury shall Schedule, at the time the wool fiber or wool top Thailand shall enter duty-free and without any refund any duty paid with respect to such is processed in the United States into wool quantitative limitations, if duty-free treatment entry. yarn.’’. under title V of the Trade Act of 1974 (19 U.S.C. (B) ENTRY.—In this subsection, the term (2) FUNDING.—There is authorized to be ap- 2461 et seq.) would have applied to such entry ‘‘entry’’ includes a withdrawal from warehouse propriated and is appropriated, out of amounts had the competitive need limitation been waived for consumption. in the General Fund of the Treasury not other- under section 503(d) of such Act. (2) REQUESTS.—Liquidation or reliquidation wise appropriated, $36,251,000 to carry out the (b) APPLICABILITY.—The provisions of this may be made under paragraph (1) with respect amendments made by paragraph (1). section shall apply to ceiling fans described in to an entry only if a request therefor is filed

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JN7.037 pfrm12 PsN: H26PT1 H4000 CONGRESSIONAL RECORD — HOUSE June 26, 2002 with the Customs Service, within 180 days after the U.S. Trade Representative shall certify to (7) recognizing Russia’s progress on religious the date of enactment of this Act, that contains Congress that the President has fulfilled the re- freedom and a broad range of other mechanisms sufficient information to enable the Customs quirements set forth in subsection (c). to address remaining concerns, the President Service— SEC. 4202. EXPRESSION OF SOLIDARITY WITH has asked the Congress to terminate application (A) to locate the entry; or ISRAEL IN ITS FIGHT AGAINST TER- to Russian of title IV of the Trade Act of 1974 (B) to reconstruct the entry if it cannot be lo- RORISM. (commonly known as the ‘‘Jackson-Vanik cated. (a) FINDINGS.—Congress makes the following Amendment’’) and authorize the extension of SEC. 4102. AMENDMENTS TO GENERALIZED SYS- findings: normal trade relations to the products of Russia. TEM OF PREFERENCES. (1) The United States and Israel are now en- (b) SENSE OF THE SENATE.—The Senate— (a) ELIGIBILITY FOR GENERALIZED SYSTEM OF gaged in a common struggle against terrorism (1) supports the President’s efforts to deepen PREFERENCES.—Section 502(b)(2)(F) of the Trade and are on the frontlines of a conflict thrust the friendship between the American and Rus- Act of 1974 (19 U.S.C. 2462(b)(2)(F)) is amended upon them against their will. sian peoples; by striking the period at the end and inserting (2) President George W. Bush declared on No- (2) further supports the policy objectives of ‘‘or such country has not taken steps to support vember 21, 2001, ‘‘We fight the terrorists and we the President mentioned in this section with re- the efforts of the United States to combat ter- fight all of those who give them aid. America spect to the Russian Federation; rorism.’’. has a message for the nations of the world: If (3) supports terminating the application of (b) DEFINITION OF INTERNATIONALLY RECOG- you harbor terrorists, you are terrorists. If you title IV of the Trade Act of 1974 to Russia in an NIZED WORKER RIGHTS.—Section 507(4) of the train or arm a terrorist, you are a terrorist. If appropriate and timely manner; and Trade Act of 1974 (19 U.S.C. 2467(4)) is you feed a terrorist or fund a terrorist, you are (4) looks forward to learning the results of the amended— a terrorist, and you will be held accountable by President’s discussions with President Putin (1) by striking ‘‘and’’ at the end of subpara- the United States and our friends.’’. and other representatives of the Russian govern- graph (D); (3) The United States has committed to pro- ment and Russian society. (2) by striking the period at the end of sub- vide resources to states on the frontline in the SEC. 4205. NO APPROPRIATIONS. paragraph (E) and inserting ‘‘; and’’; war against terrorism. (3) by adding at the end the following new (b) SENSE OF CONGRESS.—The Congress— Notwithstanding any other provision of this subparagraph: (1) stands in solidarity with Israel, a frontline Act, no direct appropriation may be made under ‘‘(F) a prohibition on discrimination with re- state in the war against terrorism, as it takes this Act. spect to employment and occupation.’’; and necessary steps to provide security to its people The text of the House amendment to (4) by amending subparagraph (D) to read as by dismantling the terrorist infrastructure in the the Senate amendment is as follows: follows: Palestinian areas; ‘‘(D) a minimum age for the employment of (2) remains committed to Israel’s right to self- House amendment to Senate amendment: children, and a prohibition on the worst forms defense; In lieu of the matter proposed to be in- of child labor, as defined in paragraph (6);’’. (3) will continue to assist Israel in strength- serted by the Senate amendment, insert the ening its homeland defenses; following: TITLE XLII—OTHER PROVISIONS (4) condemns Palestinian suicide bombings; SECTION 1. SHORT TITLE. SEC. 4201. TRANSPARENCY IN NAFTA TRIBUNALS. (5) demands that the Palestinian Authority This Act may be cited as the ‘‘Trade Act of (a) FINDINGS.—Congress makes the following fulfill its commitment to dismantle the terrorist 2002’’. findings: infrastructure in the Palestinian areas; (1) Chapter Eleven of the North American (6) urges all Arab states, particularly the SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Free Trade Agreement (NAFTA) allows foreign United States allies, Egypt and Saudi Arabia, to TABLE OF CONTENTS. investors to file claims against signatory coun- declare their unqualified opposition to all forms (a) DIVISIONS.—This Act is organized into 4 tries that directly or indirectly nationalize or ex- of terrorism, particularly suicide bombing, and divisions as follows: propriate an investment, or take measures ‘‘tan- to act in concert with the United States to stop (1) DIVISION A.—Trade Adjustment Assist- tamount to nationalization or expropriation’’ of the violence; and ance. such an investment. (7) urges all parties in the region to pursue (2) DIVISION B.—Bipartisan Trade Pro- (2) Foreign investors have filed several claims vigorously efforts to establish a just, lasting, motion Authority. against the United States, arguing that regu- and comprehensive peace in the Middle East. (3) DIVISION C.—Andean Trade Preference latory activity has been ‘‘tantamount to nation- SEC. 4203. LIMITATION ON USE OF CERTAIN REV- Act. alization or expropriation’’. Most notably, a Ca- ENUE. (4) DIVISION D.—Extension of Certain Pref- nadian chemical company claimed $970,000,000 Notwithstanding any other provision of law, erential Trade Treatment and Other Provi- in damages allegedly resulting from a California any revenue generated from custom user fees im- sions. State regulation banning the use of a gasoline posed pursuant to Section 13031(j)(3) of the Con- (b) TABLE OF CONTENTS.—The table of con- additive produced by that company. solidated Omnibus Budget Reconciliation Act of tents for this Act is as follows: (3) A claim under Chapter Eleven of the 1985 (19 U.S.C. 58c(j)(3)) may be used only to Sec. 1. Short title. NAFTA is adjudicated by a three-member panel, fund the operations of the United States Cus- Sec. 2. Organization of act into divisions; whose deliberations are largely secret. toms Service. table of contents. (4) While it may be necessary to protect the SEC. 4204. SENSE OF THE SENATE REGARDING confidentiality of business sensitive information, DIVISION A—TRADE ADJUSTMENT THE UNITED STATES-RUSSIAN FED- ASSISTANCE the general lack of transparency of these pro- ERATION SUMMIT MEETING, MAY ceedings has been excessive. 2002. Sec. 101. Short title. (b) PURPOSE.—The purpose of this amendment (a) FINDINGS.—The Senate finds that— TITLE I—TRADE ADJUSTMENT is to ensure that the proceedings of the NAFTA (1) President George W. Bush will visit the ASSISTANCE PROGRAM investor protection tribunals are as transparent Russian Federation May 23-25, 2002, to meet Sec. 111. Reauthorization of trade adjust- as possible, consistent with the need to protect with his Russian counterpart, President Vladi- ment assistance program. the confidentiality of business sensitive informa- mir V. Putin; Sec. 112. Filing of petitions and provision of tion. (2) the President and President Putin, and the rapid response assistance; expe- (c) CHAPTER 11 OF NAFTA.—The President United States and Russian governments, con- dited review of petitions by shall negotiate with Canada and Mexico an tinue to cooperate closely in the fight against Secretary of Labor. amendment to Chapter Eleven of the NAFTA to international terrorism; ensure the fullest transparency possible with re- (3) the President seeks Russian cooperation in Sec. 113. Group eligibility requirements. spect to the dispute settlement mechanism in containing the war-making capabilities of Iraq, Sec. 114. Qualifying requirements for trade that Chapter, consistent with the need to pro- including that country’s ongoing program to de- readjustment allowances. tect information that is classified or confiden- velop and deploy weapons of mass destruction; Sec. 115. Waivers of training requirements. tial, by— (4) during his visit, the President expects to Sec. 116. Amendments to limitations on (1) ensuring that all requests for dispute set- sign a treaty to significantly reduce deployed trade readjustment allowances. tlement under Chapter Eleven are promptly American and Russian nuclear weapons by 2012; Sec. 117. Annual total amount of payments made public; (5) the President and his NATO partners have for training. (2) ensuring that with respect to Chapter further institutionalized United States-Russian Sec. 118. Authority of States with respect to Eleven— security cooperation through establishment of costs of approved training and (A) all proceedings, submissions, findings, and the NATO-Russia Council, which meets for the supplemental assistance. decisions are promptly made public; and first time on May 28, 2002, in Rome, Italy; Sec. 119. Provision of employer-based train- (B) all hearings are open to the public; and (6) during his visit, the President will con- ing. (3) establishing a mechanism under that tinue to address religious freedom and human Sec. 120. Coordination with title I of the Chapter for acceptance of amicus curiae submis- rights concerns through open and candid dis- Workforce Investment Act of sions from businesses, unions, and nongovern- cussions with President Putin, with leading 1998. mental organizations. Russian activists, and with representatives of Sec. 121. Expenditure period. (d) CERTIFICATION REQUIREMENTS.—Within Russia’s revitalized and diverse Jewish commu- Sec. 122. Declaration of policy; sense of Con- one year of the date of enactment of this Act, nity; and gress.

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0655 E:\CR\FM\A26JN7.037 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4001 TITLE II—CREDIT FOR HEALTH INSUR- Subtitle D—Other trade provisions of the Trade Act of 1974 (19 U.S.C. 2271(a)) is ANCE COSTS OF ELIGIBLE INDIVID- Sec. 381. Increase in aggregate value of arti- amended to read as follows: UALS cles exempt from duty acquired ‘‘(a)(1) A petition for certification of eligi- Sec. 201. Credit for health insurance costs of abroad by United States resi- bility to apply for adjustment assistance for individuals receiving a trade re- dents. a group of workers under this chapter may adjustment allowance or a ben- Sec. 382. Regulatory audit procedures. be filed with the Governor of the State in efit from the Pension Benefit DIVISION B—BIPARTISAN TRADE which such workers’ firm or subdivision is Guaranty Corporation. PROMOTION AUTHORITY located by any of the following: Sec. 202. Advance payment of credit for ‘‘(A) The group of workers (including work- TITLE XXI—TRADE PROMOTION health insurance costs of eligi- ers in an agricultural firm or subdivision of AUTHORITY ble individuals. any agricultural firm). Sec. 2101. Short title and findings. TITLE III—CUSTOMS REAUTHORIZATION ‘‘(B) The certified or recognized union or Sec. 2102. Trade negotiating objectives. other duly authorized representative of such Sec. 301. Short title. Sec. 2103. Trade agreements authority. workers. Subtitle A—United States Customs Service Sec. 2104. Consultations and assessment. ‘‘(C) Employers of such workers, one-stop CHAPTER 1—DRUG ENFORCEMENT AND OTHER Sec. 2105. Implementation of trade agree- operators or one-stop partners (as defined in NONCOMMERCIAL AND COMMERCIAL OPER- ments. section 101 of the Workforce Investment Act ATIONS Sec. 2106. Treatment of certain trade agree- of 1998 (29 U.S.C. 2801)), including State em- Sec. 311. Authorization of appropriations for ments for which negotiations ployment security agencies, or the State dis- noncommercial operations, have already begun. located worker unit established under title I commercial operations, and air Sec. 2107. Congressional oversight group. of such Act, on behalf of such workers. and marine interdiction. Sec. 2108. Additional implementation and ‘‘(2) Upon receipt of a petition filed under Sec. 312. Antiterrorist and illicit narcotics enforcement requirements. paragraph (1), the Governor shall— detection equipment for the Sec. 2109. Committee staff. ‘‘(A) immediately transmit the petition to United States-Mexico border, Sec. 2110. Conforming amendments. the Secretary of Labor (hereinafter in this United States-Canada border, Sec. 2111. Definitions. chapter referred to as the ‘Secretary’); and Florida and the Gulf Coast DIVISION C—ANDEAN TRADE ‘‘(B) ensure that rapid response assistance, seaports. PREFERENCE ACT and appropriate core and intensive services Sec. 313. Compliance with performance plan TITLE XXXI—ANDEAN TRADE (as described section 134 of the Workforce In- requirements. PREFERENCE vestment Act of 1998 (29 U.S.C. 2864)) author- CHAPTER 2—CHILD CYBER-SMUGGLING CENTER Sec. 3101. Short title. ized under other Federal laws are made OF THE CUSTOMS SERVICE Sec. 3102. Findings. available to the workers covered by the peti- Sec. 321. Authorization of appropriations for Sec. 3103. Articles eligible for preferential tion to the extent authorized under such program to prevent child por- treatment. laws; and nography/child sexual exploi- Sec. 3104. Termination of preferential treat- ‘‘(C) assist the Secretary in the review of tation. ment. the petition by verifying such information and providing such other assistance as the CHAPTER 3—MISCELLANEOUS PROVISIONS Sec. 3105. Trade benefits under the Carib- Secretary may request. Sec. 331. Additional Customs Service offi- bean Basin Economic Recovery ‘‘(3) Upon receipt of the petition, the Sec- cers for United States-Canada act. retary shall promptly publish notice in the border. Sec. 3106. Trade benefits under the African Federal Register that the Secretary has re- Sec. 332. Study and report relating to per- Growth and Opportunity Act. ceived the petition and initiated an inves- sonnel practices of the Customs DIVISION D—EXTENSION OF CERTAIN tigation.’’. Service. PREFERENTIAL TRADE TREATMENT XPEDITED REVIEW OF PETITIONS BY Sec. 333. Study and report relating to ac- AND OTHER PROVISIONS (b) E SECRETARY OF LABOR.—Section 223(a) of such counting and auditing proce- Sec. 4101. Extension of generalized system of Act (19 U.S.C. 2273(a)) is amended in the first dures of the Customs Service. preferences. sentence by striking ‘‘60 days’’ and inserting Sec. 334. Establishment and implementation Sec. 4102. Fund for WTO dispute settlements. ‘‘40 days’’. of cost accounting system; re- Sec. 4103. Payment of duties and fees. SEC. 113. GROUP ELIGIBILITY REQUIREMENTS. ports. DIVISION A—TRADE ADJUSTMENT Sec. 335. Study and report relating to time- (a) TRADE ADJUSTMENT ASSISTANCE PRO- ASSISTANCE liness of prospective rulings. GRAM.— Sec. 336. Study and report relating to cus- SEC. 101. SHORT TITLE. (1) IN GENERAL.—Section 222 of the Trade toms user fees. This division may be cited as the ‘‘Trade Act of 1974 (19 U.S.C. 2272) is amended— Sec. 337. Fees for customs inspections at ex- Adjustment Assistance Reform Act of 2002’’. (A) by redesignating subsection (b) as sub- press courier facilities. TITLE I—TRADE ADJUSTMENT section (c); and Sec. 338. National customs automation pro- ASSISTANCE PROGRAM (B) by inserting after subsection (a) the gram. SEC. 111. REAUTHORIZATION OF TRADE ADJUST- following: CHAPTER 4—ANTITERRORISM PROVISIONS MENT ASSISTANCE PROGRAM. ‘‘(b)(1) A group of workers (including work- Sec. 341. Immunity for United States offi- (a) ASSISTANCE FOR WORKERS.—Section 245 ers in any agricultural firm or subdivision of cials that act in good faith. of the Trade Act of 1974 (19 U.S.C. 2317) is an agricultural firm) shall be certified by the Sec. 342. Emergency adjustments to offices, amended by striking ‘‘October 1, 1998, and Secretary as eligible to apply for adjustment ports of entry, or staffing of the ending September 30, 2001,’’ each place it ap- assistance benefits under this subchapter if, customs service. pears and inserting ‘‘October 1, 2001, and end- subject to paragraph (2), the Secretary deter- Sec. 343. Mandatory advanced electronic in- ing September 30, 2004,’’. mines that— formation for cargo and pas- (b) ASSISTANCE FOR FIRMS.—Section 256(b) ‘‘(A) a significant number or proportion of sengers. of the Trade Act of 1974 (19 U.S.C. 2346(b)) is the workers in the workers’ firm or an ap- Sec. 344. Border search authority for certain amended by striking ‘‘October 1, 1998, and propriate subdivision of the firm have be- contraband in outbound mail. ending September 30, 2001’’ and inserting come totally or partially separated, or are Sec. 345. Authorization of appropriations for ‘‘October 1, 2001, and ending September 30, threatened to become totally or partially reestablishment of customs op- 2004,’’. separated; erations in New York City. (c) TERMINATION.—Section 285(c) of the ‘‘(B) the workers’ firm (or subdivision) is a CHAPTER 5—TEXTILE TRANSSHIPMENT Trade Act of 1974 (19 U.S.C. 2271 note) is supplier to a firm (or subdivision) that em- PROVISIONS amended in paragraphs (1) and (2)(A) by ployed workers covered by a certification of Sec. 351. Gao audit of textile transshipment striking ‘‘September 30, 2001’’ and inserting eligibility under subsection (a), the compo- monitoring by customs service. ‘‘September 30, 2004’’. nent parts provided to the firm by the sup- Sec. 352. Authorization of appropriations for (d) TRAINING LIMITATION UNDER NAFTA plier is a direct component of the article textile transshipment enforce- PROGRAM.—Section 250(d)(2) of the Trade Act that is the basis for the certification of eligi- ment operations. of 1974 (19 U.S.C. 2331(d)(2)) is amended by bility under subsection (a), and either the Sec. 353. Implementation of the african striking ‘‘October 1, 1998, and ending Sep- component parts have a dedicated usage for growth and opportunity act. tember 30, 2001’’ and inserting ‘‘October 1, the firm and the supplier does not have an- Subtitle B—Office of the United States Trade 2001, and ending September 30, 2004’’. other reasonably available purchaser, or the Representative SEC. 112. FILING OF PETITIONS AND PROVISION component parts add at least 25 percent of the value to the article involved; and Sec. 361. Authorization of appropriations. OF RAPID RESPONSE ASSISTANCE; EXPEDITED REVIEW OF PETITIONS ‘‘(C) a loss of business with the firm (or Subtitle C—United States International BY SECRETARY OF LABOR. subdivision) covered by the certification of Trade Commission (a) FILING OF PETITIONS AND PROVISION OF eligibility under subsection (a) contributed Sec. 371. Authorization of appropriations. RAPID RESPONSE ASSISTANCE.—Section 221(a) importantly to the workers’ separation or

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.029 pfrm12 PsN: H26PT1 H4002 CONGRESSIONAL RECORD — HOUSE June 26, 2002 threat of separation determined under sub- certification of eligibility under paragraph later, there are extenuating circumstances paragraph (A). (1) and with respect to which the production for the delay in enrollment, as determined ‘‘(2) A group of workers shall be eligible for of such component parts constitutes not less pursuant to guidelines issued by the Sec- certification by the Secretary under para- than 50 percent of the total operations or retary. graph (1) if the petition for certification is production of the firm.’’. ‘‘(E) There are insufficient funds available filed with the Secretary not later than 6 (3) REGULATIONS.—Section 250(a)(4) of such for training under this chapter, and funds months after the date on which the Sec- Act, as redesignated by paragraph (1)(A), is are not available for the approved training retary certifies the group of workers in the amended by striking ‘‘paragraph (1)’’ and in- under other Federal law. firm (or subdivision of the firm) under sub- serting ‘‘paragraphs (1) and (2)’’. ‘‘(2) The Secretary shall specify the dura- section (a) with respect to which the firm in- SEC. 114. QUALIFYING REQUIREMENTS FOR tion of the waiver under paragraph (1)–and volved is a supplier.’’. TRADE READJUSTMENT ALLOW- shall periodically review the waiver to deter- (2) DEFINITIONS.—Section 222(c) of such ANCES. mine whether the basis for issuing the waiv- Act, as redesignated by paragraph (1)(A), is (a) CLARIFICATION OF CERTAIN REDUC- er remains applicable. If at any time the amended— TIONS.—(1) Section 231(a)(3)(B) of the Trade Secretary determines such basis is no longer (A) in the matter preceding paragraph (1), Act of 1974 (19 U.S.C. 2291(a)(3)(B)) is amend- applicable to the worker, the Secretary shall by striking ‘‘subsection (a)(3)’’ and inserting ed by inserting after ‘‘any unemployment in- revoke the waiver. ‘‘this section’’; and surance’’ the following: ‘‘, except additional ‘‘(3) Pursuant to the agreement under sec- (B) by adding at the end the following: compensation that is funded by a State and tion 239, the Secretary may authorize a co- ‘‘(3) The term ‘supplier’ means a firm that is not reimbursed from any Federal funds,’’. operating State or State agency to carry out produces component parts for articles pro- (2) Section 233(a)(1) of the Trade Act of 1974 activities described in paragraph (1) (except duced by a firm (or subdivision) that em- (19 U.S.C. 2293(a)(1)) is amended by inserting for the determination under subparagraph ployed a group of workers covered by a cer- after ‘‘any unemployment insurance’’ the (E) of paragraph (1)). Such agreement shall tification of eligibility under subsection (a) following: ‘‘, except additional compensation include a requirement that the State or and with respect to which the production of that is funded by a State and is not reim- State agency maintain and make available such component parts constitutes not less bursed from any Federal funds,’’. to the Secretary the written statements pro- than 50 percent of the total operations or (b) ENROLLMENT IN TRAINING REQUIRE- vided pursuant to paragraph (1) and a state- production of the firm.’’. MENT.—Section 231(a)(5)(A) of such Act (19 ment of the reasons for the waiver. (b) NAFTA TRANSITIONAL ADJUSTMENT AS- U.S.C. 2291(a)(5)(A)) is amended— ‘‘(4) The Secretary shall collect and main- SISTANCE PROGRAM.— (1) by inserting ‘‘(i)’’ after ‘‘(A)’’; tain information identifying the number of (1) IN GENERAL.—Section 250(a) of the Trade (2) by adding ‘‘and’’ after the comma at the workers who received waivers and the aver- Act of 1974 (19 U.S.C. 2331(a)) is amended— end; and age duration of such waivers issued under (A) by redesignating paragraphs (2) and (3) (3) by adding at the end the following: this subsection during the preceding year.’’. as paragraphs (3) and (4), respectively; and ‘‘(ii) the enrollment required under clause (b) CONFORMING AMENDMENT.—Section (B) by inserting after paragraph (1) the fol- (i) occurs no later than the latest of— 231(a)(5)(C) of such Act (19 U.S.C. lowing: ‘‘(I) the last day of the 13th week after the 2291(a)(5)(C)) is amended by striking ‘‘cer- ‘‘(2) CRITERIA FOR ADVERSELY AFFECTED worker’s most recent total separation from tified’’. SECONDARY WORKERS.—(A) A group of work- adversely affected employment which meets ers (including workers in any agricultural SEC. 116. AMENDMENTS TO LIMITATIONS ON the requirements of paragraphs (1) and (2); TRADE READJUSTMENT ALLOW- firm or subdivision of an agricultural firm) ‘‘(II) the last day of the 8th week after the ANCES. shall be certified by the Secretary as eligible week in which the Secretary issues a certifi- (a) INCREASE IN MAXIMUM NUMBER OF to apply for adjustment assistance benefits cation covering the worker; WEEKS.—Section 233(a) of the Trade Act of under this subchapter if, subject to subpara- ‘‘(III) 45 days after the later of the dates 1974 (19 U.S.C. 2293(a)) is amended— graph (B), the Secretary determines that— specified in subclause (I) or (II), if the Sec- (1) in paragraph (2), by inserting after ‘‘104- ‘‘(i) a significant number or proportion of retary determines there are extenuating cir- week period’’ the following: ‘‘(or, in the case the workers in the workers’ firm or an ap- cumstances that justify an extension in the of an adversely affected worker who requires propriate subdivision of the firm have be- enrollment period; or a program of remedial education (as de- come totally or partially separated, or are ‘‘(IV) the last day of a period determined scribed in section 236(a)(5)(D)) in order to threatened to become totally or partially by the Secretary to be approved for enroll- complete training approved for the worker separated; ment after the termination of a waiver under section 236, the 130-week period)’’; and ‘‘(ii) the workers’ firm (or subdivision) is a issued pursuant to subsection (c).’’. (2) in paragraph (3), by striking ‘‘26’’ each supplier to a firm (or subdivision) that em- SEC. 115. WAIVERS OF TRAINING REQUIRE- place it appears and inserting ‘‘52’’. ployed workers covered by a certification of MENTS. (b) SPECIAL RULE RELATING TO BREAK IN eligibility under paragraph (1), the compo- (a) IN GENERAL.—Section 231(c) of the TRAINING.—Section 233(f) of the Trade Act of nent parts provided to the firm by the sup- Trade Act of 1974 (19 U.S.C. 2291(c)) is amend- 1974 (19 U.S.C. 2293(f)) is amended in the mat- plier is a direct component of the article ed to read as follows: ter preceding paragraph (1) by striking ‘‘14 that is the basis for the certification of eligi- ‘‘(c)(1) The Secretary may issue a written days’’ and inserting ‘‘30 days’’. bility under subsection (a), and either the statement to a worker waiving the enroll- (c) ADDITIONAL WEEKS FOR INDIVIDUALS IN component parts have a dedicated usage for ment in the training requirement described NEED OF REMEDIAL EDUCATION.—Section 233 the firm and the supplier does not have an- in subsection (a)(5)(A) if the Secretary deter- of the Trade Act of 1974 (19 U.S.C. 2293) is other reasonably available purchaser, or the mines that such training requirement is not amended by adding at the end the following: component parts add at least 25 percent of feasible or appropriate for the worker, as in- ‘‘(g) Notwithstanding any other provision the value to the article involved; and dicated by 1 or more of the following: of this section, in order to assist an ad- ‘‘(iii) a loss of business with the firm (or ‘‘(A) The worker has been provided a writ- versely affected worker to complete training subdivision) covered by the certification of ten notice that the worker will be recalled approved for the worker under section 236 eligibility under paragraph (1) contributed by the firm from which the qualifying sepa- which includes a program of remedial edu- importantly to the workers’ separation or ration occurred and that such recall will cation (as described in section 236(a)(5)(D)), threat of separation determined under clause occur within 6 months of the qualifying sepa- and in accordance with regulations pre- (i). ration. scribed by the Secretary, payments may be ‘‘(B) A group of workers shall be eligible ‘‘(B) The worker is within 2 years of meet- made as trade readjustment allowances for for certification by the Secretary under sub- ing all requirements for entitlement to old- up to 26 additional weeks in the 26-week pe- paragraph (A) if the petition for certification age insurance benefits under title II of the riod that follows the last week of entitle- is filed with the Secretary not later than 6 Social Security Act (42 U.S.C. 401 et seq.) ment to trade readjustment allowances oth- months after the date on which the Sec- (except for application therefore) as of the erwise payable under this chapter.’’. retary certifies the group of workers in the date of the most recent separation of the SEC. 117. ANNUAL TOTAL AMOUNT OF PAYMENTS firm (or subdivision of the firm) under para- worker that meets the requirements of sub- FOR TRAINING. graph (1) with respect to which the firm in- section (a)(1) and (2). Section 236(a)(2)(A) of the Trade Act of 1974 volved is a supplier.’’. ‘‘(C) The worker is unable to participate in (19 U.S.C. 2296(a)(2)(A)) is amended by strik- (2) DEFINITIONS.—Section 250(a)(3) of such training due to the health of the worker, ex- ing ‘‘$80,000,000’’ and all that follows through Act, as redesignated by paragraph (1)(A), is cept that a waiver under this subparagraph ‘‘$70,000,000’’ and inserting ‘‘$110,000,000’’. amended to read as follows: shall not be construed to exempt a worker SEC. 118. AUTHORITY OF STATES WITH RESPECT ‘‘(3) DEFINITIONS.—In this section: from requirements relating to the avail- TO COSTS OF APPROVED TRAINING ‘‘(A) The term ‘contributed importantly’ ability for work, active search for work, or AND SUPPLEMENTAL ASSISTANCE. means a cause which is important but not refusal to accept work under Federal or (a) COSTS OF APPROVED TRAINING.—Section necessarily more important than any other State unemployment compensation laws. 236(a) of the Trade Act of 1974 (19 U.S.C. cause. ‘‘(D) The first available enrollment date 2296(a)) is amended by adding at the end the ‘‘(B) The term ‘supplier’ means a firm that for the approved training of the worker is following new paragraph: produces component parts for articles pro- within 45 days after the date of the deter- ‘‘(10) For purposes of carrying out para- duced by a firm (or subdivision) covered by a mination made under this paragraph, or, if graph (1)(F), the Secretary shall authorize

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.029 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4003 any cooperating State or State agency to es- ‘‘(2) training under section 236 shall be pro- dates) for such allowances, training, and tablish, pursuant to guidelines issued by the vided in accordance with the provisions re- services, under the trade adjustment assist- Secretary, a uniform limit on the cost of lating to consumer choice requirements and ance program under chapter 2 of title II of training to be paid from funds provided the use of individual training accounts under the Trade Act of 1974 to workers who are ap- under this chapter that may be approved by subparagraphs (F) and (G) of section 134(d)(4) plying for, or are certified to receive, assist- such State for an adversely affected worker of the Workforce Investment Act of 1998 (29 ance under that program, including informa- under this section.’’. U.S.C. 2864(d)(4)(F) and (G)), including— tion on all other Federal assistance available (b) SUPPLEMENTAL ASSISTANCE.—Section ‘‘(A) the requirement that only providers to such workers. 236(b) of such Act (19 U.S.C. 2296(b)) is eligible under section 122 of the Workforce TITLE II—CREDIT FOR HEALTH INSUR- amended by inserting the following sentence Investment Act of 1998 (29 U.S.C. 2842) shall ANCE COSTS OF ELIGIBLE INDIVIDUALS after the first sentence: ‘‘The Secretary shall be eligible to provide training; and SEC. 201. CREDIT FOR HEALTH INSURANCE authorize any cooperating State or State ‘‘(B) that the exceptions to the use of indi- COSTS OF INDIVIDUALS RECEIVING agency to take into account the cost of the vidual training accounts described in section A TRADE READJUSTMENT ALLOW- training approved for an adversely affected 134(d)(4)(G)(ii) of such Act (29 U.S.C. ANCE OR A BENEFIT FROM THE PEN- worker under subsection (a) in determining 2864(d)(4)(G)(ii)) shall be applicable; and SION BENEFIT GUARANTY CORPORA- TION. the appropriate amount of supplemental as- ‘‘(3) common reporting systems and ele- (a) IN GENERAL.—Subpart C of part IV of sistance to be provided to such worker under ments, including common elements relating subchapter A of chapter 1 of the Internal this subsection.’’. to participant and performance data, shall be Revenue Code of 1986 (relating to refundable SEC. 119. PROVISION OF EMPLOYER-BASED used by the program authorized under this credits) is amended by redesignating section TRAINING. chapter and the dislocated worker program 35 as section 36 and inserting after section 34 (a) IN GENERAL.—Section 236(a)(5)(A) of the authorized under chapter 5 of subtitle B of the following new section: Trade Act of 1974 (19 U.S.C. 2296(a)(5)(A)) is title I of such Act.’’. ‘‘SEC. 35. HEALTH INSURANCE COSTS OF ELIGI- amended to read as follows: (2) ADDITIONAL REQUIREMENT.—Section BLE INDIVIDUALS. ‘‘(A) employer-based training, including— 239(g) of such Act (19 U.S.C. 2311(g)) is ‘‘(a) IN GENERAL.—In the case of an indi- ‘‘(i) on-the-job training, and amended— vidual, there shall be allowed as a credit ‘‘(ii) customized training,’’. (A) by inserting ‘‘(1)’’ after ‘‘(g)’’; and against the tax imposed by subtitle A an (b) REIMBURSEMENT.—Section 236(c)(8) of (B) by adding at the end the following new amount equal to 60 percent of the amount such Act (19 U.S.C. 2296(c)(8)) is amended to paragraph: paid by the taxpayer for coverage of the tax- read as follows: ‘‘(2) The agreement under this section shall payer and qualifying family members under ‘‘(8) the employer is provided reimburse- also provide that the cooperating State qualified health insurance for eligible cov- ment of not more than 50 percent of the wage agency shall be a one-stop partner as de- erage months beginning in the taxable year. rate of the participant, for the cost of pro- scribed in subparagraphs (A) and (B)(viii) of ‘‘(b) LIMITATION BASED ON MODIFIED AD- viding the training and additional super- section 121(b)(1) of the Workforce Investment JUSTED GROSS INCOME.—For purposes of this vision related to the training,’’. Act of 1998 (29 U.S.C. 2841(b)(1)(A) and section— (c) DEFINITION.—Section 236 of such Act (19 (B)(viii)) in the one-stop delivery system es- ‘‘(1) IN GENERAL.—Except as provided in U.S.C. 2296) is amended by adding the fol- tablished under section 134(c) of such Act (29 paragraph (2), if the modified adjusted gross lowing new subsection: U.S.C. 2864(c)) for the appropriate local income of the taxpayer for the taxable year ‘‘(f) For purposes of this section, the term workforce investment areas, and shall carry exceeds $20,000, the amount which would (but ‘customized training’ means training that out the responsibilities relating to such part- for this subsection and subsection (h)(1)) be is— ners.’’. allowed as a credit under subsection (a) shall ‘‘(1) designed to meet the special require- (3) CONFORMING AMENDMENTS.—Section be reduced (but not below zero) by the ments of an employer or group of employers; 236(a)(1) of such Act (19 U.S.C. 2296(a)(1)) is amount which bears the same ratio to the ‘‘(2) conducted with a commitment by the amended— amount which would be so allowed as such employer or group of employers to employ (A) in the matter preceding subparagraph excess bears to $20,000. an individual upon successful completion of (A), by inserting ‘‘, pursuant to an interview, ‘‘(2) FAMILY COVERAGE.— the training; and evaluation, assessment, or case management ‘‘(A) SEPARATE APPLICATION OF LIMITA- ‘‘(3) for which the employer pays for a sig- of the worker,’’ after ‘‘Secretary deter- TION.—Paragraph (1) shall be applied sepa- nificant portion (but in no case less than 50 mines’’; and rately with respect to— percent) of the cost of such training, as de- (B) in the second sentence of such para- ‘‘(i) amounts paid for eligible coverage termined by the Secretary.’’. graph, by striking ‘‘, directly or through a months as of the first day of which one or SEC. 120. COORDINATION WITH TITLE I OF THE voucher system’’ and inserting ‘‘through in- more qualifying family members are covered WORKFORCE INVESTMENT ACT OF dividual training accounts pursuant to the by the qualified health insurance covering 1998. agreement under section 239(e)(2)’’. the taxpayer, and (a) COORDINATION WITH ONE-STOP DELIVERY ‘‘(ii) amounts paid for other eligible cov- SEC. 121. EXPENDITURE PERIOD. SYSTEMS IN THE PROVISION OF EMPLOYMENT erage months. Section 245 of the Trade Act of 1974 (19 SERVICES.—Section 235 of the Trade Act of ‘‘(B) LIMITATION AMOUNT.—With respect to U.S.C. 2317), as amended by section 111(a) of 1974 (19 U.S.C. 2295) is amended by inserting amounts described in subparagraph (A)(i), this Act, is further amended— before the period at the end of the first sen- paragraph (1) shall be applied by substituting tence the following: ‘‘, including the services (1) by striking ‘‘There are authorized’’ and ‘$40,000’ for ‘$20,000’ each place it appears. inserting ‘‘(a) IN GENERAL.—There are au- provided through one-stop delivery systems ‘‘(3) MODIFIED ADJUSTED GROSS INCOME.— described in section 134(c) of the Workforce thorized’’; and The term ‘modified adjusted gross income’ Investment Act of 1998 (29 U.S.C. 2864(c))’’. (2) by adding at the end the following sub- means adjusted gross income determined (b) COORDINATION WITH TITLE I OF THE section: without regard to sections 911, 931, and 933. WORKFORCE INVESTMENT ACT OF 1998.— ‘‘(b) PERIOD OF EXPENDITURE.—Funds obli- ‘‘(c) ELIGIBLE COVERAGE MONTH.—For pur- (1) IN GENERAL.—Section 239(e) of such Act gated for any fiscal year to carry out activi- poses of this section— (19 U.S.C. 2311(e)) is amended to read as fol- ties under sections 235 through 238 may be ‘‘(1) IN GENERAL.—The term ‘eligible cov- lows: expended by each State receiving such funds erage month’ means any month if— ‘‘(e) Any agreement entered into under this during that fiscal year and the succeeding ‘‘(A) as of the first day of such month, the section shall provide for the coordination of two fiscal years.’’. taxpayer— the administration of the provisions for em- SEC. 122. DECLARATION OF POLICY; SENSE OF ‘‘(i) is an eligible individual, ployment services, training, and supple- CONGRESS. ‘‘(ii) is covered by qualified health insur- mental assistance under sections 235 and 236 (a) DECLARATION OF POLICY.—Congress reit- ance, the premium for which is paid by the of this chapter with provisions relating to erates that, under the trade adjustment as- taxpayer, and dislocated worker employment and training sistance program under chapter 2 of title II ‘‘(iii) does not have other specified cov- activities (including supportive services) of the Trade Act of 1974, workers are eligible erage, under chapter 5 of subtitle B of title I of the for transportation, childcare, and healthcare ‘‘(B) such month begins more than 90 days Workforce Investment Act of 1998 (29 U.S.C. assistance, as well as other related assist- after the date of the enactment of the Trade 2861 et seq.) upon such terms and conditions, ance under programs administered by the Act of 2002, and as established by the Secretary after con- Department of Labor. ‘‘(C) in the case of any eligible TAA recipi- sultation with the States, that are con- (b) SENSE OF CONGRESS.—It is the sense of ent, such month is designated under para- sistent with this section. Such terms and Congress that the Secretary of Labor, work- graph (2). conditions shall, at a minimum, include re- ing independently and in conjunction with ‘‘(2) DESIGNATION OF ELIGIBLE COVERAGE quirements that— the States, should, in accordance with sec- MONTHS.—Any eligible TAA recipient may ‘‘(1) adversely affected workers applying tion 225 of the Trade Act of 1974, provide designate, with respect to any period of 36 for assistance under this chapter be co-en- more specific information about benefit al- months, not more than 12 months of such pe- rolled in the dislocated worker program au- lowances, training, and other employment riod as eligible coverage months. thorized under chapter 5 of subtitle B of title services, and the petition and application ‘‘(3) JOINT RETURNS.—In the case of a joint I of the Workforce Investment Act of 1998; procedures (including appropriate filing return, the requirements of paragraph (1)(A)

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.029 pfrm12 PsN: H26PT1 H4004 CONGRESSIONAL RECORD — HOUSE June 26, 2002 shall be treated as met with respect to any ‘‘(i) is entitled to benefits under part A of vance payment of credit for health insurance month if at least 1 spouse satisfies such re- title XVIII of the Social Security Act or is costs of eligible TAA recipients) shall be quirements. enrolled under part B of such title, or treated as having been made by the taxpayer ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(ii) is enrolled in the program under title on the first day of the month for which such this section— XIX or XXI of such Act. payment was made. ‘‘(1) IN GENERAL.—The term ‘eligible indi- ‘‘(C) CERTAIN OTHER COVERAGE.—Such ‘‘(B) PAYMENTS BY TAXPAYER.—Payments vidual’ means— individual— made by the taxpayer for eligible coverage ‘‘(A) an eligible TAA recipient, or ‘‘(i) is enrolled in a health benefits plan months shall be treated as having been made ‘‘(B) an eligible PBGC pension recipient. under chapter 89 of title 5, United States by the taxpayer on the first day of the ‘‘(2) ELIGIBLE TAA RECIPIENT.—The term ‘el- Code, or month for which such payment was made. igible TAA recipient’ means, with respect to ‘‘(ii) is entitled to receive benefits under ‘‘(9) REGULATIONS.—The Secretary may any month, any individual— chapter 55 of title 10, United States Code. prescribe such regulations and other guid- ‘‘(A) who is receiving for any day of such ‘‘(2) SPECIAL RULES RELATED TO SUBSIDIZED ance as may be necessary or appropriate to month a trade readjustment allowance under COVERAGE.— carry out this section, section 6050T, and sec- part I of subchapter B, or subchapter D, of ‘‘(A) EMPLOYER CONTRIBUTIONS TO CAFE- tion 7527.’’. (b) INCREASED ACCESS TO HEALTH INSUR- chapter 2 of title II of the Trade Act of 1974 TERIA PLANS, FLEXIBLE SPENDING ARRANGE- ANCE FOR INDIVIDUALS ELIGIBLE FOR TAX (19 U.S.C. 2291 et seq. or 2331 et seq.) or who MENTS, AND MEDICAL SAVINGS ACCOUNTS.—Em- CREDIT THROUGH USE OF GUARANTEED ISSUE, would be eligible to receive such allowance if ployer contributions to a cafeteria plan (as QUALIFIED HIGH RISK POOLS, AND OTHER AP- section 231 of such Act (19 U.S.C. 2291) were defined in section 125(d)), a flexible spending PROPRIATE STATE MECHANISMS.— applied without regard to subsection or similar arrangement, or a medical savings account which are excluded from gross in- (1) IN GENERAL.—Notwithstanding any (a)(3)(B) of such section, and come under section 106 shall be treated for other provision of law, in applying section ‘‘(B) who, with respect to such allowance, purposes of paragraph (1)(A) as paid by the 2741 of the Public Health Service Act (42 is covered under a certification issued— employer. U.S.C. 300gg–41)) and any alternative State ‘‘(i) under subchapter A or D of chapter 2 of ‘‘(B) AGGREGATION OF PLANS OF EM- mechanism under section 2744 of such Act (42 title II of the Trade Act of 1974 (19 U.S.C. 2271 PLOYER.—A health plan which is not other- U.S.C.300gg–44)), in determining who is an el- et seq. or 2331 et seq.), and wise described in paragraph (1)(A) shall be igible individual (as defined in section 2741(b) ‘‘(ii) after the date which is 90 days after treated as described in such paragraph if of such Act) in the case of an individual who the date of the enactment of the Trade Act such plan would be so described if all health may be covered by insurance for which credit of 2002. plans of persons treated as a single employer is allowable under section 35 of the Internal An individual shall continue to be treated as under subsection (b), (c), (m), or (o) of sec- Revenue Code of 1986 for an eligible coverage an eligible TAA recipient during the first tion 414 were treated as one health plan. month, if the individual seeks to obtain month that such individual would otherwise ‘‘(3) IMMUNIZATIONS NOT TREATED AS MED- health insurance coverage under such sec- cease to be an eligible TAA recipient. ICAID COVERAGE.—For purposes of paragraph tion during an eligible coverage month under ‘‘(3) ELIGIBLE PBGC PENSION RECIPIENT.— (1)(B), an individual shall not be treated as such section— The term ‘eligible PBGC pension recipient’ enrolled in the program under title XIX of (A) paragraph (1) of such section 2741(b) means, with respect to any month, any indi- the Social Security Act solely on the basis of shall be applied as if any reference to 18 vidual who— receiving a benefit under section 1928 of such months is deemed a reference to 12 months, ‘‘(A) has attained age 55 as of the first day Act. and of such month, and ‘‘(h) SPECIAL RULES.— (B) paragraphs (4) and (5) of such section ‘‘(B) is receiving a benefit for such month ‘‘(1) COORDINATION WITH ADVANCE PAYMENTS 2741(b) shall not apply. any portion of which is paid by the Pension OF CREDIT.—With respect to any taxable (2) PROMOTION OF STATE HIGH RISK POOLS.— Benefit Guaranty Corporation under title IV year, the amount which would (but for this Title XXVII of the Public Health Service Act of the Employee Retirement Income Secu- subsection) be allowed as a credit to the tax- is amended by inserting after section 2744 rity Act of 1974. payer under subsection (a) shall be reduced the following new section: ‘‘(e) QUALIFYING FAMILY MEMBER.—For (but not below zero) by the aggregate ‘‘SEC. 2745. PROMOTION OF QUALIFIED HIGH purposes of this section— amount paid on behalf of such taxpayer RISK POOLS. ‘‘(1) IN GENERAL.—The term ‘qualifying under section 7527 for months beginning in ‘‘(a) SEED GRANTS TO STATES.—The Sec- family member’ means— such taxable year. retary shall provide from the funds appro- ‘‘(A) the taxpayer’s spouse, and ‘‘(2) COORDINATION WITH OTHER DEDUC- priated under subsection (c)(1) a grant of up ‘‘(B) any dependent of the taxpayer with TIONS.—Amounts taken into account under to $1,000,000 to each State that has not cre- respect to whom the taxpayer is entitled to subsection (a) shall not be taken into ac- ated a qualified high risk pool as of the date of the enactment of this section for the a deduction under section 151(c). count in determining any deduction allowed under section 162(l) or 213. State’s costs of creation and initial oper- Such term does not include any individual ‘‘(3) MSA DISTRIBUTIONS.—Amounts distrib- ation of such a pool. who has other specified coverage. uted from an Archer MSA (as defined in sec- ‘‘(b) MATCHING FUNDS FOR OPERATION OF ‘‘(2) SPECIAL DEPENDENCY TEST IN CASE OF tion 220(d)) shall not be taken into account POOLS.— DIVORCED PARENTS, ETC.—If paragraph (2) or under subsection (a). ‘‘(1) IN GENERAL.—In the case of a State (4) of section 152(e) applies to any child with ‘‘(4) DENIAL OF CREDIT TO DEPENDENTS.—No that has established a qualified high risk respect to any calendar year, in the case of credit shall be allowed under this section to pool that— any taxable year beginning in such calendar any individual with respect to whom a de- ‘‘(A) restricts premiums charged under the year, such child shall be treated as described duction under section 151 is allowable to an- pool to no more than 150 percent of the pre- in paragraph (1)(B) with respect to the custo- other taxpayer for a taxable year beginning mium for applicable standard risk rates; dial parent (within the meaning of section in the calendar year in which such individ- ‘‘(B) that offers a choice of two or more 152(e)(1)) and not with respect to the non- ual’s taxable year begins. coverage options through the pool; and custodial parent. ‘‘(5) MARRIED COUPLES MUST FILE JOINT RE- ‘‘(C) has in effect a mechanism reasonably ‘‘(f) QUALIFIED HEALTH INSURANCE.—For TURN.—If the taxpayer is married at the designed to ensure continued funding of purposes of this section, the term ‘qualified close of the taxable year, the credit shall be losses incurred by the State after the end of health insurance’ means insurance which allowed under subsection (a) only if the tax- fiscal year 2004 in connection with operation constitutes medical care; except that such payer and his spouse file a joint return for of the pool; term shall not include any insurance if sub- the taxable year. the Secretary shall provide, from the funds stantially all of its coverage is of excepted ‘‘(6) MARITAL STATUS; CERTAIN MARRIED IN- appropriated under subsection (c)(2) and al- benefits described in section 9832(c). DIVIDUALS LIVING APART.—Rules similar to lotted to the State under paragraph (2), a ‘‘(g) OTHER SPECIFIED COVERAGE.— the rules of paragraphs (3) and (4) of section grant of up to 50 percent of the losses in- ‘‘(1) IN GENERAL.—For purposes of this sec- 21(e) shall apply for purposes of this section. curred by the State in connection with the tion, an individual has other specified cov- ‘‘(7) INSURANCE WHICH COVERS OTHER INDI- operation of the pool. erage for any month if, as of the first day of VIDUALS.—For purposes of this section, rules ‘‘(2) ALLOTMENT.—The amounts appro- such month— similar to the rules of section 213(d)(6) shall priated under subsection (c)(2) for a fiscal ‘‘(A) SUBSIDIZED COVERAGE.—Such indi- apply with respect to any contract for quali- year shall be made available to the States in vidual is covered under any qualified health fied health insurance under which amounts accordance with a formula that is based insurance under any health plan maintained are payable for coverage of an individual upon the number of uninsured individuals in by any employer (or former employer) of the other than the taxpayer and qualifying fam- the States. taxpayer or the taxpayer’s spouse and at ily members. ‘‘(3) CONSTRUCTION.—Nothing in this sub- least 50 percent of the cost of such coverage ‘‘(8) TREATMENT OF PAYMENTS.—For pur- section shall be construed as preventing a (determined under section 4980B) is paid or poses of this section— State from supplementing the funds made incurred by the employer. ‘‘(A) PAYMENTS BY SECRETARY.—Payments available under this subsection for the sup- ‘‘(B) COVERAGE UNDER MEDICARE, MEDICAID, made by the Secretary on behalf of any indi- port and operation of qualified high risk OR SCHIP.—Such individual— vidual under section 7527 (relating to ad- pools.

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.029 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4005

‘‘(c) FUNDING.—Out of any money in the such individual’s modified adjusted gross in- respect to such individual under section 7527 Treasury of the United States not otherwise come for such taxable year. (relating to advance payment of credit for appropriated, there are appropriated— ‘‘(c) CERTIFIED INDIVIDUAL.—For purposes health insurance costs of eligible individ- ‘‘(1) $20,000,000 for fiscal year 2003 to carry of this section, the term ‘certified indi- uals), out subsection (a); and vidual’ means any individual for whom a ‘‘(C) the amount entitled to be received for ‘‘(2) $40,000,000 for each of fiscal years 2003 qualified health insurance costs credit eligi- each such month, and and 2004. bility certificate is in effect. ‘‘(D) such other information as the Sec- Funds appropriated under this subsection for ‘‘(d) QUALIFIED HEALTH INSURANCE COSTS retary may prescribe. a fiscal year shall remain available for obli- CREDIT ELIGIBILITY CERTIFICATE.—For pur- ‘‘(c) STATEMENTS TO BE FURNISHED TO INDI- gation through the end of the following fis- poses of this section, a qualified health in- VIDUALS WITH RESPECT TO WHOM INFORMA- cal year. Nothing in this section shall be surance costs credit eligibility certificate is TION IS REQUIRED.—Every person required to construed as providing a State with an enti- a statement certified by the Secretary of make a return under subsection (a) shall fur- tlement to a grant under this section. Labor or the Pension Benefit Guaranty Cor- nish to each individual whose name is re- ‘‘(d) QUALIFIED HIGH RISK POOL AND STATE poration (or by any other person or entity quired to be set forth in such return a writ- DEFINED.—For purposes of this section, the designated by the Secretary) which— ten statement showing— term ‘qualified high risk pool’ has the mean- ‘‘(1) certifies that the individual was an eli- ‘‘(1) the name and address of the person re- ing given such term in section 2744(c)(2) and gible individual (within the meaning of sec- quired to make such return and the phone the term ‘State’ means any of the 50 States tion 35(d)) as of the first day of any month, number of the information contact for such and the District of Columbia.’’. and person, and (3) CONSTRUCTION.—Nothing in this sub- ‘‘(2) provides such other information as the ‘‘(2) the information required to be shown section shall be construed as affecting the Secretary may require for purposes of this on the return with respect to such indi- ability of a State to use mechanisms, de- section.’’. vidual. (b) DISCLOSURE OF RETURN INFORMATION scribed in sections 2741(c) and 2744 of the The written statement required under the FOR PURPOSES OF CARRYING OUT A PROGRAM Public Health Service Act, as an alternative preceding sentence shall be furnished on or FOR ADVANCE PAYMENT OF CREDIT FOR to applying the guaranteed availability pro- before January 31 of the year following the HEALTH INSURANCE COSTS OF ELIGIBLE INDI- visions of section 2741(a) of such Act. calendar year for which the return under VIDUALS.— (c) CONFORMING AMENDMENTS.— subsection (a) is required to be made.’’. (1) IN GENERAL.—Subsection (l) of section (1) Paragraph (2) of section 1324(b) of title (2) ASSESSABLE PENALTIES.— 6103 of such Code (relating to disclosure of 31, United States Code, is amended by insert- (A) Subparagraph (B) of section 6724(d)(1) returns and return information for purposes ing before the period ‘‘, or from section 35 of of such Code (relating to definitions) is other than tax administration) is amended such Code’’. amended by redesignating clauses (xi) by adding at the end the following new para- (2) The table of sections for subpart C of through (xvii) as clauses (xii) through (xviii), graph: part IV of chapter 1 of the Internal Revenue respectively, and by inserting after clause (x) ‘‘(18) DISCLOSURE OF RETURN INFORMATION Code of 1986 is amended by striking the last the following new clause: FOR PURPOSES OF CARRYING OUT A PROGRAM item and inserting the following new items: ‘‘(xi) section 6050T (relating to returns re- FOR ADVANCE PAYMENT OF CREDIT FOR HEALTH lating to credit for health insurance costs of ‘‘Sec. 35. Health insurance costs of eligible INSURANCE COSTS OF ELIGIBLE INDIVIDUALS.— eligible individuals),’’. individuals. The Secretary may disclose to providers of (B) Paragraph (2) of section 6724(d) of such ‘‘Sec. 36. Overpayments of tax.’’. health insurance for any certified individual Code is amended by striking ‘‘or’’ at the end (d) EFFECTIVE DATE.—The amendments (as defined in section 7527(c)) return informa- of subparagraph (Z), by striking the period made by this section shall apply to taxable tion with respect to such certified individual at the end of subparagraph (AA) and insert- years beginning after December 31, 2001. only to the extent necessary to carry out the ing ‘‘, or’’, and by adding after subparagraph SEC. 202. ADVANCE PAYMENT OF CREDIT FOR program established by section 7527 (relating (AA) the following new subparagraph: HEALTH INSURANCE COSTS OF ELI- to advance payment of health insurance cost ‘‘(BB) section 6050T (relating to returns re- GIBLE INDIVIDUALS. credit).’’. lating to credit for health insurance costs of (a) IN GENERAL.—Chapter 77 of the Internal (2) PROCEDURES AND RECORDKEEPING RE- eligible individuals).’’. Revenue Code of 1986 (relating to miscella- LATED TO DISCLOSURES.—Subsection (p) of (d) CLERICAL AMENDMENTS.— neous provisions) is amended by adding at such section is amended— (1) ADVANCE PAYMENT.—The table of sec- the end the following new section: (A) in paragraph (3)(A) by striking ‘‘or tions for chapter 77 of such Code is amended ‘‘SEC. 7527. ADVANCE PAYMENT OF CREDIT FOR (17)’’ and inserting ‘‘(17), or (18)’’, and by adding at the end the following new item: HEALTH INSURANCE COSTS OF ELI- (B) in paragraph (4) by inserting ‘‘or (17)’’ GIBLE INDIVIDUALS. after ‘‘any other person described in sub- ‘‘Sec. 7527. Advance payment of credit for ‘‘(a) GENERAL RULE.—Not later than July section (l)(16)’’ each place it appears. health insurance costs of eligi- 1, 2003, the Secretary shall establish a pro- (3) UNAUTHORIZED INSPECTION OF RETURNS ble individuals.’’. gram for making payments on behalf of cer- OR RETURN INFORMATION.—Section (2) INFORMATION REPORTING.—The table of tified individuals to providers of qualified 7213A(a)(1)(B) of such Code is amended by sections for subpart B of part III of sub- health insurance (as defined in section 35(f)) striking ‘‘section 6103(n)’’ and inserting chapter A of chapter 61 of such Code is for such individuals. ‘‘subsection (l)(18) or (n) of section 6103’’. amended by inserting after the item relating ‘‘(b) LIMITATION ON ADVANCE PAYMENTS (c) INFORMATION REPORTING.— to section 6050S the following new item: DURING ANY TAXABLE YEAR.— (1) IN GENERAL.—Subpart B of part III of ‘‘(1) IN GENERAL.—The Secretary may make subchapter A of chapter 61 of the Internal ‘‘Sec. 6050T. Returns relating to credit for payments under subsection (a) only to the Revenue Code of 1986 (relating to informa- health insurance costs of eligi- extent that the total amount of such pay- tion concerning transactions with other per- ble individuals.’’. ments made on behalf of any individual dur- sons) is amended by inserting after section (e) EFFECTIVE DATE.—The amendments ing the taxable year does not exceed such in- 6050S the following new section: made by this section shall take effect on the dividual’s advance payment limitation ‘‘SEC. 6050T. RETURNS RELATING TO CREDIT FOR date of the enactment of this Act. amount for such year. HEALTH INSURANCE COSTS OF ELI- TITLE III—CUSTOMS REAUTHORIZATION ‘‘(2) ADVANCE PAYMENT LIMITATION GIBLE INDIVIDUALS. SEC. 301. SHORT TITLE. AMOUNT.— ‘‘(a) REQUIREMENT OF REPORTING.—Every This Act may be cited as the ‘‘Customs ‘‘(A) IN GENERAL.—Except as provided in person who is entitled to receive payments subparagraph (B), with respect to any cer- for any month of any calendar year under Border Security Act of 2002’’. tified individual, the advance payment limi- section 7527 (relating to advance payment of Subtitle A—United States Customs Service tation amount for any taxable year shall be credit for health insurance costs of eligible CHAPTER 1—DRUG ENFORCEMENT AND an amount equal to the amount that such in- individuals) with respect to any certified in- OTHER NONCOMMERCIAL AND COM- dividual would be allowed as a credit under dividual (as defined in section 7527(c)) shall, MERCIAL OPERATIONS section 35 for such taxable year if such indi- at such time as the Secretary may prescribe, SEC. 311. AUTHORIZATION OF APPROPRIATIONS vidual’s modified adjusted gross income (as make the return described in subsection (b) FOR NONCOMMERCIAL OPER- defined in section 35(b)(3)) for such taxable with respect to each such individual. ATIONS, COMMERCIAL OPERATIONS, year were an amount equal to the amount of ‘‘(b) FORM AND MANNER OF RETURNS.—A re- AND AIR AND MARINE INTERDIC- such individual’s modified adjusted gross in- turn is described in this subsection if such TION. come shown on the return for the prior tax- return— (a) NONCOMMERCIAL OPERATIONS.—Section able year. ‘‘(1) is in such form as the Secretary may 301(b)(1) of the Customs Procedural Reform ‘‘(B) SUBSTITUTE AMOUNT.—For purposes of prescribe, and and Simplification Act of 1978 (19 U.S.C. this section, the Secretary may substitute ‘‘(2) contains— 2075(b)(1)) is amended— an amount for an individual’s advance pay- ‘‘(A) the name, address, and TIN of each in- (1) in subparagraph (A) to read as follows: ment limitation amount for any taxable year dividual referred to in subsection (a), ‘‘(A) $899,121,000 for fiscal year 2002.’’; if the Secretary determines that such sub- ‘‘(B) the number of months for which (2) in subparagraph (B) to read as follows: stitute amount more accurately reflects amounts were entitled to be received with ‘‘(B) $1,365,456,000 for fiscal year 2003.’’; and

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.029 pfrm12 PsN: H26PT1 H4006 CONGRESSIONAL RECORD — HOUSE June 26, 2002 (3) by adding at the end the following: (C) $13,000,000 for the upgrade of 8 fixed-site ports where the current allocations are inad- ‘‘(C) $1,399,592,400 for fiscal year 2004.’’. truck x-rays from the present energy level of equate. (b) COMMERCIAL OPERATIONS.— 450,000 electron volts to 1,000,000 electron (E) $300,000 for 25 contraband detection kits (1) IN GENERAL.—Section 301(b)(2)(A) of the volts (1–MeV). to be distributed among ports based on traf- Customs Procedural Reform and Simplifica- (D) $7,200,000 for 8 1–MeV pallet x-rays. fic volume. tion Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is (E) $1,000,000 for 200 portable contraband (b) FISCAL YEAR 2003.—Of the amounts amended— detectors (busters) to be distributed among made available for fiscal year 2003 under sec- (A) in clause (i) to read as follows: ports where the current allocations are inad- tion 301(b)(1)(B) of the Customs Procedural ‘‘(i) $1,606,068,000 for fiscal year 2002.’’; equate. Reform and Simplification Act of 1978 (19 (B) in clause (ii) to read as follows: (F) $600,000 for 50 contraband detection kits U.S.C. 2075(b)(1)(B)), as amended by section ‘‘(ii) $1,642,602,000 for fiscal year 2003.’’; and to be distributed among all southwest border 311(a) of this Act, $9,000,000 shall be available (C) by adding at the end the following: ports based on traffic volume. until expended for the maintenance and sup- ‘‘(iii) $1,683,667,050 for fiscal year 2004.’’. (G) $500,000 for 25 ultrasonic container in- port of the equipment and training of per- (2) AUTOMATED COMMERCIAL ENVIRONMENT spection units to be distributed among all sonnel to maintain and support the equip- COMPUTER SYSTEM.—Of the amount made ports receiving liquid-filled cargo and to ment described in subsection (a). available for each of fiscal years 2002 through ports with a hazardous material inspection (c) ACQUISITION OF TECHNOLOGICALLY SUPE- 2004 under section 301(b)(2)(A) of the Customs facility. Procedural Reform and Simplification Act of RIOR EQUIPMENT; TRANSFER OF FUNDS.— (H) $2,450,000 for 7 automated targeting sys- (1) IN GENERAL.—The Commissioner of Cus- 1978 (19 U.S.C. 2075(b)(2)(A)), as amended by tems. paragraph (1), $308,000,000 shall be available toms may use amounts made available for (I) $360,000 for 30 rapid tire deflator sys- fiscal year 2002 under section 301(b)(1)(A) of until expended for each such fiscal year for tems to be distributed to those ports where the development, establishment, and imple- the Customs Procedural Reform and Sim- port runners are a threat. plification Act of 1978 (19 U.S.C. mentation of the Automated Commercial (J) $480,000 for 20 portable Treasury En- Environment computer system. 2075(b)(1)(A)), as amended by section 311(a) of forcement Communications Systems (TECS) this Act, for the acquisition of equipment (3) REPORTS.—Not later than 90 days after terminals to be moved among ports as need- other than the equipment described in sub- the date of the enactment of this Act, and ed. not later than each subsequent 90-day period, section (a) if such other equipment— (K) $1,000,000 for 20 remote watch surveil- (A)(i) is technologically superior to the the Commissioner of Customs shall prepare lance camera systems at ports where there and submit to the Committee on Ways and equipment described in subsection (a); and are suspicious activities at loading docks, (ii) will achieve at least the same results Means of the House of Representatives and vehicle queues, secondary inspection lanes, the Committee on Finance of the Senate a at a cost that is the same or less than the or areas where visual surveillance or obser- equipment described in subsection (a); or report demonstrating that the development vation is obscured. and establishment of the Automated Com- (B) can be obtained at a lower cost than (L) $1,254,000 for 57 weigh-in-motion sensors the equipment described in subsection (a). mercial Environment computer system is to be distributed among the ports with the being carried out in a cost-effective manner (2) TRANSFER OF FUNDS.—Notwithstanding greatest volume of outbound traffic. any other provision of this section, the Com- and meets the modernization requirements (M) $180,000 for 36 AM traffic information of title VI of the North American Free Trade missioner of Customs may reallocate an radio stations, with 1 station to be located at amount not to exceed 10 percent of— Agreement Implementation Act. each border crossing. (c) AIR AND MARINE INTERDICTION.—Section (A) the amount specified in any of subpara- (N) $1,040,000 for 260 inbound vehicle 301(b)(3) of the Customs Procedural Reform graphs (A) through (R) of subsection (a)(1) counters to be installed at every inbound ve- and Simplification Act of 1978 (19 U.S.C. for equipment specified in any other of such 2075(b)(3)) is amended— hicle lane. subparagraphs (A) through (R); (1) in subparagraph (A) to read as follows: (O) $950,000 for 38 spotter camera systems (B) the amount specified in any of subpara- ‘‘(A) $177,860,000 for fiscal year 2002.’’; to counter the surveillance of customs in- graphs (A) through (G) of subsection (a)(2) (2) in subparagraph (B) to read as follows: spection activities by persons outside the for equipment specified in any other of such ‘‘(B) $170,829,000 for fiscal year 2003.’’; and boundaries of ports where such surveillance subparagraphs (A) through (G); and (3) by adding at the end the following: activities are occurring. (C) the amount specified in any of subpara- ‘‘(C) $175,099,725 for fiscal year 2004.’’. (P) $390,000 for 60 inbound commercial graphs (A) through (E) of subsection (a)(3) (d) SUBMISSION OF OUT-YEAR BUDGET PRO- truck transponders to be distributed to all for equipment specified in any other of such JECTIONS.—Section 301(a) of the Customs ports of entry. subparagraphs (A) through (E). Procedural Reform and Simplification Act of (Q) $1,600,000 for 40 narcotics vapor and par- ticle detectors to be distributed to each bor- SEC. 313. COMPLIANCE WITH PERFORMANCE 1978 (19 U.S.C. 2075(a)) is amended by adding PLAN REQUIREMENTS. at the end the following: der crossing. ‘‘(3) By not later than the date on which (R) $400,000 for license plate reader auto- As part of the annual performance plan for the President submits to Congress the budg- matic targeting software to be installed at each of the fiscal years 2002 and 2003 covering et of the United States Government for a fis- each port to target inbound vehicles. each program activity set forth in the budg- cal year, the Commissioner of Customs shall (2) UNITED STATES-CANADA BORDER.—For et of the United States Customs Service, as submit to the Committee on Ways and the United States-Canada border, the fol- required under section 1115 of title 31, United Means of the House of Representatives and lowing: States Code, the Commissioner of Customs the Committee on Finance of the Senate the (A) $3,000,000 for 4 Vehicle and Container shall establish performance goals, perform- projected amount of funds for the succeeding Inspection Systems (VACIS). ance indicators, and comply with all other fiscal year that will be necessary for the op- (B) $8,800,000 for 4 mobile truck x-rays with requirements contained in paragraphs (1) erations of the Customs Service as provided transmission and backscatter imaging. through (6) of subsection (a) of such section for in subsection (b).’’. (C) $3,600,000 for 4 1–MeV pallet x-rays. with respect to each of the activities to be SEC. 312. ANTITERRORIST AND ILLICIT NAR- (D) $250,000 for 50 portable contraband de- carried out pursuant to section 312. COTICS DETECTION EQUIPMENT tectors (busters) to be distributed among FOR THE UNITED STATES-MEXICO CHAPTER 2—CHILD CYBER-SMUGGLING ports where the current allocations are inad- CENTER OF THE CUSTOMS SERVICE BORDER, UNITED STATES-CANADA equate. BORDER, AND FLORIDA AND THE SEC. 321. AUTHORIZATION OF APPROPRIATIONS GULF COAST SEAPORTS. (E) $300,000 for 25 contraband detection kits FOR PROGRAM TO PREVENT CHILD (a) FISCAL YEAR 2002.—Of the amounts to be distributed among ports based on traf- fic volume. PORNOGRAPHY/CHILD SEXUAL EX- made available for fiscal year 2002 under sec- PLOITATION. tion 301(b)(1)(A) of the Customs Procedural (F) $240,000 for 10 portable Treasury En- (a) AUTHORIZATION OF APPROPRIATIONS.— Reform and Simplification Act of 1978 (19 forcement Communications Systems (TECS) U.S.C. 2075(b)(1)(A)), as amended by section terminals to be moved among ports as need- There is authorized to be appropriated to the 311(a) of this Act, $90,244,000 shall be avail- ed. Customs Service $10,000,000 for fiscal year able until expended for acquisition and other (G) $400,000 for 10 narcotics vapor and par- 2002 to carry out the program to prevent expenses associated with implementation ticle detectors to be distributed to each bor- child pornography/child sexual exploitation and deployment of antiterrorist and illicit der crossing based on traffic volume. established by the Child Cyber-Smuggling narcotics detection equipment along the (3) FLORIDA AND GULF COAST SEAPORTS.— Center of the Customs Service. United States-Mexico border, the United For Florida and the Gulf Coast seaports, the (b) USE OF AMOUNTS FOR CHILD PORNOG- States-Canada border, and Florida and the following: RAPHY CYBER TIPLINE.—Of the amount appro- Gulf Coast seaports, as follows: (A) $4,500,000 for 6 Vehicle and Container priated under subsection (a), the Customs (1) UNITED STATES-MEXICO BORDER.—For the Inspection Systems (VACIS). Service shall provide 3.75 percent of such United States-Mexico border, the following: (B) $11,800,000 for 5 mobile truck x-rays amount to the National Center for Missing (A) $6,000,000 for 8 Vehicle and Container with transmission and backscatter imaging. and Exploited Children for the operation of Inspection Systems (VACIS). (C) $7,200,000 for 8 1–MeV pallet x-rays. the child pornography cyber tipline of the (B) $11,200,000 for 5 mobile truck x-rays (D) $250,000 for 50 portable contraband de- Center and for increased public awareness of with transmission and backscatter imaging. tectors (busters) to be distributed among the tipline.

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.029 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4007 CHAPTER 3—MISCELLANEOUS appropriate classification necessary to pro- ‘‘(B)(i) For fiscal year 2004 and subsequent PROVISIONS vide for an accurate and complete account- fiscal years, the Secretary of the Treasury SEC. 331. ADDITIONAL CUSTOMS SERVICE OFFI- ing of the expenses. may adjust (not more than once per fiscal CERS FOR UNITED STATES-CANADA (b) REPORTS.—Beginning on the date of the year) the amount described in subparagraph BORDER. enactment of this Act and ending on the date (A)(ii) to not less than $.35 but not more than Of the amount made available for fiscal on which the cost accounting system de- $1.00 per individual airway bill or bill of lad- year 2002 under paragraphs (1) and (2)(A) of scribed in subsection (a) is fully imple- ing. The Secretary shall provide notice in section 301(b) of the Customs Procedural Re- mented, the Commissioner of Customs shall the Federal Register of a proposed adjust- form and Simplification Act of 1978 (19 U.S.C. prepare and submit to Congress on a quar- ment under the preceding sentence and the 2075(b)), as amended by section 311 of this terly basis a report on the progress of imple- reasons therefor and shall allow for public Act, $28,300,000 shall be available until ex- menting the cost accounting system pursu- comment on the proposed adjustment. pended for the Customs Service to hire ap- ant to subsection (a). ‘‘(ii) The payment required by subpara- proximately 285 additional Customs Service SEC. 335. STUDY AND REPORT RELATING TO graph (A)(ii) shall be the only payment re- officers to address the needs of the offices TIMELINESS OF PROSPECTIVE RUL- quired for reimbursement of the Customs INGS. and ports along the United States-Canada Service in connection with the processing of (a) STUDY.—The Comptroller General shall border. an individual airway bill or bill of lading in conduct a study on the extent to which the accordance with such subparagraph, except SEC. 332. STUDY AND REPORT RELATING TO PER- Office of Regulations and Rulings of the Cus- SONNEL PRACTICES OF THE CUS- that the Customs Service may charge a fee TOMS SERVICE. toms Service has made improvements to de- crease the amount of time to issue prospec- to cover expenses of the Customs Service for (a) STUDY.—The Commissioner of Customs tive rulings from the date on which a request adequate office space, equipment, fur- shall conduct a study of current personnel nishings, supplies, and security. practices of the Customs Service, including for the ruling is received by the Customs Service. ‘‘(iii)(I) The payment required by subpara- an overview of performance standards and (b) REPORT.—Not later than 1 year after graph (A)(ii) and clause (ii) shall be paid on the effect and impact of the collective bar- the date of the enactment of this Act, the a quarterly basis to the Customs Service in gaining process on drug interdiction efforts Comptroller General shall submit to the accordance with regulations prescribed by of the Customs Service and a comparison of Committee on Ways and Means of the House the Secretary of the Treasury. duty rotation policies of the Customs Serv- of Representatives and the Committee on Fi- ‘‘(II) 50 percent of the amount of payments ice and other Federal agencies that employ nance of the Senate a report containing the received under subparagraph (A)(ii) and similarly-situated personnel. results of the study conducted under sub- clause (ii) shall, in accordance with section (b) REPORT.—Not later than 120 days after section (a). 524 of the Tariff Act of 1930, be deposited as the date of the enactment of this Act, the (c) DEFINITION.—In this section, the term a refund to the appropriation for the amount Commissioner of Customs shall submit to ‘‘prospective ruling’’ means a ruling that is paid out of that appropriation for the costs the Committee on Ways and Means of the requested by an importer on goods that are incurred in providing services to express con- House of Representatives and the Committee proposed to be imported into the United signment carrier facilities or centralized hub on Finance of the Senate a report containing States and that relates to the proper classi- facilities. Amounts deposited in accordance the results of the study conducted under sub- fication, valuation, or marking of such with the preceding sentence shall be avail- section (a). goods. able until expended for the provision of cus- SEC. 333. STUDY AND REPORT RELATING TO AC- SEC. 336. STUDY AND REPORT RELATING TO CUS- toms services to express consignment carrier COUNTING AND AUDITING PROCE- TOMS USER FEES. facilities or centralized hub facilities. DURES OF THE CUSTOMS SERVICE. (a) STUDY.—The Comptroller General shall ‘‘(III) Notwithstanding section 524 of the (a) STUDY.—(1) The Commissioner of Cus- conduct a study on the extent to which the Tariff Act of 1930, the remaining 50 percent toms shall conduct a study of actions by the amount of each customs user fee imposed of the amount of payments received under Customs Service to ensure that appropriate under section 13031(a) of the Consolidated subparagraph (A)(ii) and clause (ii) shall be training is being provided to Customs Serv- Omnibus Budget Reconciliation Act of 1985 paid to the Secretary of the Treasury, which ice personnel who are responsible for finan- (19 U.S.C. 58c(a)) is commensurate with the is in lieu of the payment of fees under sub- cial auditing of importers. level of services provided by the Customs section (a)(10) of this section.’’. (2) In conducting the study, the Service relating to the fee so imposed. (b) EFFECTIVE DATE.—The amendments Commissioner— (b) REPORT.—Not later than 120 days after made by subsection (a) take effect on Octo- (A) shall specifically identify those actions the date of the enactment of this Act, the ber 1, 2002. taken to comply with provisions of law that Comptroller General shall submit to the SEC. 338. NATIONAL CUSTOMS AUTOMATION PRO- protect the privacy and trade secrets of im- Committee on Ways and Means of the House GRAM. porters, such as section 552(b) of title 5, of Representatives and the Committee on Fi- Section 411(b) of the Tariff Act of 1930 (19 United States Code, and section 1905 of title nance of the Senate a report in classified U.S.C. 1411(b)) is amended by striking the 18, United States Code; and form containing— second sentence and inserting the following: (B) shall provide for public notice and com- (1) the results of the study conducted ‘‘The Secretary may, by regulation, require ment relating to verification of the actions under subsection (a); and the electronic submission of information de- described in subparagraph (A). (2) recommendations for the appropriate scribed in subsection (a) or any other infor- (b) REPORT.—Not later than 6 months after amount of the customs user fees if such re- mation required to be submitted to the Cus- the date of the enactment of this Act, the sults indicate that the fees are not commen- toms Service separately pursuant to this Commissioner of Customs shall submit to surate with the level of services provided by subpart.’’. the Committee on Ways and Means of the the Customs Service. CHAPTER 4—ANTITERRORISM House of Representatives and the Committee SEC. 337. FEES FOR CUSTOMS INSPECTIONS AT PROVISIONS on Finance of the Senate a report containing EXPRESS COURIER FACILITIES. SEC. 341. IMMUNITY FOR UNITED STATES OFFI- (a) IN GENERAL.—Section 13031(b)(9) of the the results of the study conducted under sub- CIALS THAT ACT IN GOOD FAITH. section (a). Consolidated Omnibus Budget Reconciliation (a) IMMUNITY.—Section 3061 of the Revised Act of 1985 (19 U.S.C. 58c(b)(9)) is amended as SEC. 334. ESTABLISHMENT AND IMPLEMENTA- Statutes (19 U.S.C. 482) is amended— follows: TION OF COST ACCOUNTING SYS- (1) by striking ‘‘Any of the officers’’ and TEM; REPORTS. (1) In subparagraph (A)— inserting ‘‘(a) Any of the officers’’; and (a) ESTABLISHMENT AND IMPLEMENTATION.— (A) in the matter preceding clause (i), by (2) by adding at the end the following: (1) IN GENERAL.—Not later than September striking ‘‘the processing of merchandise that ‘‘(b) Any officer or employee of the United 30, 2003, the Commissioner of Customs shall, is informally entered or released’’ and insert- States conducting a search of a person pur- in accordance with the audit of the Customs ing ‘‘the processing of letters, documents, suant to subsection (a) shall not be held lia- Service’s fiscal years 2000 and 1999 financial records, shipments, merchandise, or any ble for any civil damages as a result of such statements (as contained in the report of the other item that is valued at an amount search if the officer or employee performed Office of the Inspector General of the Depart- under $2,000 (or such higher amount as the the search in good faith.’’. ment of the Treasury issued on February 23, Secretary may set by regulation pursuant to (b) REQUIREMENT TO POST POLICY AND PRO- 2001), establish and implement a cost ac- section 498 of the Tariff Act of 1930), whether CEDURES FOR SEARCHES OF PASSENGERS.—Not counting system for expenses incurred in or not such items are informally entered or later than 30 days after the date of the enact- both commercial and noncommercial oper- released (except items entered or released for ment of this Act, the Commissioner of the ations of the Customs Service. immediate exportation),’’; and Customs Service shall ensure that at each (2) ADDITIONAL REQUIREMENT.—The cost ac- (B) in clause (ii) to read as follows: Customs border facility appropriate notice is counting system described in paragraph (1) ‘‘(ii) In the case of an express consignment posted that provides a summary of the policy shall provide for an identification of ex- carrier facility or centralized hub facility, and procedures of the Customs Service for penses based on the type of operation, the $.66 per individual airway bill or bill of lad- searching passengers, including a statement port at which the operation took place, the ing.’’. of the policy relating to the prohibition on amount of time spent on the operation by (2) By redesignating subparagraph (B) as the conduct of profiling of passengers based personnel of the Customs Service, and an subparagraph (C) and inserting after sub- on gender, race, color, religion, or ethnic identification of expenses based on any other paragraph (A) the following: background.

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.029 pfrm12 PsN: H26PT1 H4008 CONGRESSIONAL RECORD — HOUSE June 26, 2002 SEC. 342. EMERGENCY ADJUSTMENTS TO OF- rier required to make entry or obtain clear- ‘‘(E) Section 38 of the Arms Export Control FICES, PORTS OF ENTRY, OR STAFF- ance under the customs laws of the United Act (22 U.S.C. 2778). ING OF THE CUSTOMS SERVICE. States, the pilot, the master, operator, or ‘‘(F) The International Emergency Eco- Section 318 of the Tariff Act of 1930 (19 owner of such carrier (or the authorized nomic Powers Act (50 U.S.C. 1701 et seq.). U.S.C. 1318) is amended— agent of such operator or owner) shall pro- ‘‘(b) SEARCH OF MAIL NOT SEALED AGAINST (1) by striking ‘‘Whenever the President’’ vide by electronic transmission information INSPECTION AND OTHER MAIL.—Mail not and inserting ‘‘(a) Whenever the President’’; described in subsection (b) in advance of such sealed against inspection under the postal and entry or clearance in such manner, time, and laws and regulations of the United States, (2) by adding at the end the following: form as prescribed under regulations by the mail which bears a customs declaration, and ‘‘(b)(1) Notwithstanding any other provi- Secretary. mail with respect to which the sender or ad- sion of law, the Secretary of the Treasury, ‘‘(b) INFORMATION DESCRIBED.—The infor- dressee has consented in writing to search, when necessary to respond to a national mation described in this subsection shall in- may be searched by a Customs officer. emergency declared under the National clude for each person described in subsection ‘‘(c) SEARCH OF MAIL SEALED AGAINST IN- Emergencies Act (50 U.S.C. 1601 et seq.) or to SPECTION.—(1) Mail sealed against inspection (a), if applicable, the person’s— a specific threat to human life or national under the postal laws and regulations of the ‘‘(1) full name; interests, is authorized to take the following United States may be searched by a Customs ‘‘(2) date of birth and citizenship; actions on a temporary basis: officer, subject to paragraph (2), upon rea- ‘‘(3) gender; ‘‘(A) Eliminate, consolidate, or relocate sonable cause to suspect that such mail con- ‘‘(4) passport number and country of any office or port of entry of the Customs tains one or more of the following: issuance; Service. ‘‘(A) Monetary instruments, as defined in ‘‘(5) United States visa number or resident ‘‘(B) Modify hours of service, alter services section 1956 of title 18, United States Code. alien card number; rendered at any location, or reduce the num- ‘‘(B) A weapon of mass destruction, as de- ‘‘(6) passenger name record; and ber of employees at any location. fined in section 2332a(b) of title 18, United ‘‘(7) such additional information that the ‘‘(C) Take any other action that may be States Code. Secretary, by regulation, determines is rea- necessary to directly respond to the national ‘‘(C) A drug or other substance listed in sonably necessary to ensure aviation and emergency or specific threat. schedule I, II, III, or IV in section 202 of the ‘‘(2) Notwithstanding any other provision maritime safety pursuant to the laws en- Controlled Substances Act (21 U.S.C. 812). of law, the Commissioner of Customs, when forced or administered by the Customs Serv- ‘‘(D) National defense and related informa- necessary to respond to a specific threat to ice. tion transmitted in violation of any of sec- human life or national interests, is author- ‘‘(c) SHARING OF INFORMATION.—The Sec- tions 793 through 798 of title 18, United ized to close temporarily any Customs office retary shall cooperate with other appro- States Code. or port of entry or take any other lesser ac- priate Federal departments and agencies for ‘‘(E) Merchandise mailed in violation of tion that may be necessary to respond to the the purpose of providing to such departments section 1715 or 1716 of title 18, United States specific threat. and agencies as soon as practicable elec- Code. ‘‘(3) The Secretary of the Treasury or the tronic transmission information obtained ‘‘(F) Merchandise mailed in violation of Commissioner of Customs, as the case may pursuant to subsection (a). In carrying out any provision of chapter 71 (relating to ob- be, shall notify the Committee on Ways and the preceding sentence, the Secretary, to the scenity) or chapter 110 (relating to sexual ex- Means of the House of Representatives and maximum extent practicable, shall protect ploitation and other abuse of children) of the Committee on Finance of the Senate not the privacy rights of the person with respect title 18, United States Code. later than 72 hours after taking any action to which the information relates.’’. ‘‘(G) Merchandise mailed in violation of under paragraph (1) or (2).’’. (c) DEFINITION.—Section 401 of the Tariff the Export Administration Act of 1979 (50 SEC. 343. MANDATORY ADVANCED ELECTRONIC Act of 1930 (19 U.S.C. 1401) is amended by add- U.S.C. app. 2401 et seq.). INFORMATION FOR CARGO AND PAS- ing at the end the following: ‘‘(H) Merchandise mailed in violation of SENGERS. ‘‘(t) The term ‘land, air, or vessel carrier’ section 38 of the Arms Export Control Act (22 (a) CARGO INFORMATION.— means a land, air, or vessel carrier, as the U.S.C. 2778). (1) IN GENERAL.—Section 431(b) of the Tar- case may be, that transports goods or pas- ‘‘(I) Merchandise mailed in violation of the iff Act of 1930 (19 U.S.C. 1431(b)) is amended— sengers for payment or other consideration, International Emergency Economic Powers (A) in the first sentence, by striking ‘‘Any including money or services rendered.’’. Act (50 U.S.C. 1701 et seq.). manifest’’ and inserting ‘‘(1) Any manifest’’; (d) EFFECTIVE DATE.—The amendments ‘‘(J) Merchandise mailed in violation of the and made by this section shall take effect begin- Trading with the Enemy Act (50 U.S.C. app. (B) by adding at the end the following: ning 45 days after the date of the enactment 1 et seq.). ‘‘(2)(A) In addition to any other require- of this Act. ‘‘(K) Merchandise subject to any other law ment under this section, for each land, air, SEC. 344. BORDER SEARCH AUTHORITY FOR CER- enforced by the Customs Service. or vessel carrier required to make entry TAIN CONTRABAND IN OUTBOUND ‘‘(2) No person acting under authority of under the customs laws of the United States, MAIL. paragraph (1) shall read, or authorize any the pilot, the master, operator, or owner of The Tariff Act of 1930 is amended by insert- other person to read, any correspondence such carrier (or the authorized agent of such ing after section 582 the following: contained in mail sealed against inspection operator or owner) shall provide by elec- ‘‘SEC. 583. EXAMINATION OF OUTBOUND MAIL. unless prior to so reading— tronic transmission cargo manifest informa- ‘‘(A) a search warrant has been issued pur- ‘‘(a) EXAMINATION.— tion in advance of such entry in such man- suant to Rule 41, Federal Rules of Criminal ‘‘(1) IN GENERAL.—For purposes of ensuring ner, time, and form as prescribed under regu- Procedure; or compliance with the Customs laws of the lations by the Secretary. The Secretary may ‘‘(B) the sender or addressee has given United States and other laws enforced by the exclude any class of land, air, or vessel car- written authorization for such reading.’’. rier for which the Secretary concludes the Customs Service, including the provisions of law described in paragraph (2), a Customs of- SEC. 345. AUTHORIZATION OF APPROPRIATIONS requirements of this subparagraph are not FOR REESTABLISHMENT OF CUS- necessary. ficer may, subject to the provisions of this TOMS OPERATIONS IN NEW YORK ‘‘(B) The Secretary shall cooperate with section, stop and search at the border, with- CITY. other appropriate Federal departments and out a search warrant, mail of domestic ori- (a) AUTHORIZATION OF APPROPRIATIONS.— agencies for the purpose of providing to such gin transmitted for export by the United (1) IN GENERAL.—There is authorized to be departments and agencies as soon as prac- States Postal Service and foreign mail appropriated for the reestablishment of oper- ticable cargo manifest information obtained transiting the United States that is being ations of the Customs Service in New York, pursuant to subparagraph (A). In carrying imported or exported by the United States New York, such sums as may be necessary out the preceding sentence, the Secretary, to Postal Service. for fiscal year 2002. the maximum extent practicable, shall pro- ‘‘(2) PROVISIONS OF LAW DESCRIBED.—The (2) OPERATIONS DESCRIBED.—The operations tect the privacy and property rights with re- provisions of law described in this paragraph referred to in paragraph (1) include, but are spect to the cargo involved.’’. are the following: not limited to, the following: (2) CONFORMING AMENDMENTS.—Subpara- ‘‘(A) Section 5316 of title 31, United States (A) Operations relating to the Port Direc- graphs (A) and (C) of section 431(d)(1) of such Code (relating to reports on exporting and tor of New York City, the New York Customs Act are each amended by inserting before the importing monetary instruments). Management Center (including the Director semicolon ‘‘or subsection (b)(2)’’. ‘‘(B) Sections 1461, 1463, 1465, and 1466 and of Field Operations), and the Special Agent- (b) PASSENGER INFORMATION.—Part II of chapter 110 of title 18, United States Code In-Charge for New York. title IV of the Tariff Act of 1930 (19 U.S.C. (relating to obscenity and child pornog- (B) Commercial operations, including tex- 1431 et seq.) is amended by inserting after raphy). tile enforcement operations and salaries and section 431 the following: ‘‘(C) Section 1003 of the Controlled Sub- expenses of— ‘‘SEC. 432. PASSENGER AND CREW INFORMATION stances Import and Export Act (21 U.S.C. 953; (i) trade specialists who determine the ori- REQUIRED FOR LAND, AIR, OR VES- relating to exportation of controlled sub- gin and value of merchandise; SEL CARRIERS. stances). (ii) analysts who monitor the entry data ‘‘(a) IN GENERAL.—For every person arriv- ‘‘(D) The Export Administration Act of into the United States of textiles and textile ing or departing on a land, air, or vessel car- 1979 (50 U.S.C. app. 2401 et seq.). products; and

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.030 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4009

(iii) Customs officials who work with for- specialist positions and $500,000 for 2 inves- (4) SPECIAL AGENTS.—$300,000 for 2 special eign governments to examine textile makers tigators to be assigned to Hong Kong to work agents to be assigned to Customs head- and verify entry information. with Hong Kong and other government au- quarters to be available to provide technical (b) AVAILABILITY.—Amounts appropriated thorities in Southeast Asia to assist such au- assistance to sub-Saharan African countries pursuant to the authorization of appropria- thorities pursue proactive enforcement of bi- in the performance of investigations and tions under subsection (a) are authorized to lateral trade agreements. other enforcement initiatives. remain available until expended. (6) VARIOUS PERMANENT TRADE POSITIONS.— Subtitle B—Office of the United States Trade CHAPTER 5—TEXTILE TRANSSHIPMENT $3,500,000 for the following: Representative PROVISIONS (A) 2 permanent positions to be assigned to SEC. 361. AUTHORIZATION OF APPROPRIATIONS. SEC. 351. GAO AUDIT OF TEXTILE TRANS- the Customs attache´ office in Central Amer- (a) IN GENERAL.—Section 141(g)(1) of the SHIPMENT MONITORING BY CUS- ica to address trade enforcement issues for Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is TOMS SERVICE. that region. amended— (a) GAO AUDIT.—The Comptroller General (B) 2 permanent positions to be assigned to (1) in subparagraph (A)— of the United States shall conduct an audit the Customs attache´ office in South Africa (A) in the matter preceding clause (i), by of the system established and carried out by to address trade enforcement issues pursuant striking ‘‘not to exceed’’; the Customs Service to monitor textile to the African Growth and Opportunity Act (B) in clause (i) to read as follows: transshipment. (title I of Public Law 106–200). ‘‘(i) $30,000,000 for fiscal year 2002.’’; (b) REPORT.—Not later than 9 months after (C) 4 permanent positions to be assigned to (C) in clause (ii) to read as follows: the date of enactment of this Act, the Comp- the Customs attache´ office in Mexico to ad- ‘‘(ii) $32,300,000 for fiscal year 2003.’’; and troller General shall submit to the Com- dress the threat of illegal textile trans- (D) by adding at the end the following: mittee on Ways and Means of the House of shipment through Mexico and other related ‘‘(iii) $33,108,000 for fiscal year 2004.’’; and Representatives and Committee on Finance issues under the North American Free Trade (2) in subparagraph (B)— of the Senate a report that contains the re- Agreement Act. (A) in clause (i), by adding ‘‘and’’ at the sults of the study conducted under sub- (D) 2 permanent positions to be assigned to end; section (a), including recommendations for the Customs attache´ office in Seoul, South (B) by striking clause (ii); and improvements to the transshipment moni- Korea, to address the trade issues in the geo- (C) by redesignating clause (iii) as clause toring system if applicable. graphic region. (ii). (c) TRANSSHIPMENT DESCRIBED.—Trans- (E) 2 permanent positions to be assigned to (b) SUBMISSION OF OUT-YEAR BUDGET PRO- shipment within the meaning of this section the proposed Customs attache´ office in New JECTIONS.—Section 141(g) of the Trade Act of has occurred when preferential treatment Delhi, India, to address the threat of illegal 1974 (19 U.S.C. 2171(g)) is amended by adding under any provision of law has been claimed textile transshipment and other trade en- at the end the following: for a textile or apparel article on the basis of forcement issues. ‘‘(3) By not later than the date on which material false information concerning the (F) 2 permanent positions to be assigned to the President submits to Congress the budg- country of origin, manufacture, processing, the Customs attache´ office in Rome, Italy, to et of the United States Government for a fis- or assembly of the article or any of its com- address trade enforcement issues in the geo- cal year, the United States Trade Represent- ponents. For purposes of the preceding sen- graphic region, including issues under free ative shall submit to the Committee on tence, false information is material if disclo- trade agreements with Jordan and Israel. Ways and Means of the House of Representa- sure of the true information would mean or (7) ATTORNEYS.—$179,886 for 2 attorneys for tives and the Committee on Finance of the would have meant that the article is or was the Office of the Chief Counsel of the Cus- Senate the projected amount of funds for the ineligible for preferential treatment under toms Service to pursue cases regarding ille- succeeding fiscal year that will be necessary the provision of law in question. gal textile transshipment. for the Office to carry out its functions.’’. SEC. 352. AUTHORIZATION OF APPROPRIATIONS (c) ADDITIONAL STAFF FOR OFFICE OF AS- (8) AUDITORS.—$510,000 for 6 Customs audi- FOR TEXTILE TRANSSHIPMENT EN- tors to perform internal control reviews and SISTANT U.S. TRADE REPRESENTATIVE FOR FORCEMENT OPERATIONS. CONGRESSIONAL AFFAIRS.— document and record reviews of suspect im- (a) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be porters. (1) IN GENERAL.—There is authorized to be appropriated such sums as may be necessary (9) ADDITIONAL TRAVEL FUNDS.—$250,000 for appropriated for textile transshipment en- for fiscal year 2002 for the salaries and ex- deployment of additional textile production forcement operations of the Customs Service penses of two additional legislative spe- verification teams to sub-Saharan Africa. $9,500,000 for fiscal year 2002. cialist employee positions within the Office (10) TRAINING.—(A) $75,000 for training of (2) AVAILABILITY.—Amounts appropriated of the Assistant United States Trade Rep- Customs personnel. pursuant to the authorization of appropria- resentative for Congressional Affairs. (B) $200,000 for training for foreign counter- tions under paragraph (1) are authorized to (2) AVAILABILITY.—Amounts appropriated parts in risk management analytical tech- remain available until expended. pursuant to the authorization of appropria- niques and for teaching factory inspection (b) USE OF FUNDS.—Of the amount appro- tions under paragraph (1) are authorized to techniques, model law Development, and en- priated pursuant to the authorization of ap- remain available until expended. propriations under subsection (a), the fol- forcement techniques. Subtitle C—United States International lowing amounts are authorized to be made (11) OUTREACH.—$60,000 for outreach efforts Trade Commission available for the following purposes: to United States importers. SEC. 371. AUTHORIZATION OF APPROPRIATIONS. (1) IMPORT SPECIALISTS.—$1,463,000 for 21 SEC. 353. IMPLEMENTATION OF THE AFRICAN Customs import specialists to be assigned to GROWTH AND OPPORTUNITY ACT. (a) IN GENERAL.—Section 330(e)(2)(A) of the selected ports for documentation review to Of the amount made available for fiscal Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is support detentions and exclusions and 1 addi- year 2002 under section 301(b)(2)(A) of the amended— tional Customs import specialist assigned to Customs Procedural Reform and Simplifica- (1) in clause (i) to read as follows: the Customs headquarters textile program to tion Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as ‘‘(i) $51,440,000 for fiscal year 2002.’’; administer the program and provide over- amended by section 311(b)(1) of this Act, (2) in clause (ii) to read as follows: sight. $1,317,000 shall be available until expended ‘‘(ii) $54,000,000 for fiscal year 2003.’’; and (3) by adding at the end the following: (2) INSPECTORS.—$652,080 for 10 Customs in- for the Customs Service to provide technical spectors to be assigned to selected ports to assistance to help sub-Saharan Africa coun- ‘‘(iii) $57,240,000 for fiscal year 2004.’’. (b) SUBMISSION OF OUT-YEAR BUDGET PRO- examine targeted high-risk shipments. tries develop and implement effective visa JECTIONS.—Section 330(e) of the Tariff Act of (3) INVESTIGATORS.—(A) $1,165,380 for 10 in- and anti-transshipment systems as required 1930 (19 U.S.C. 1330(e)(2)) is amended by add- vestigators to be assigned to selected ports by the African Growth and Opportunity Act ing at the end the following: to investigate instances of smuggling, quota (title I of Public Law 106–200), as follows: ‘‘(4) By not later than the date on which and trade agreement circumvention, and use (1) TRAVEL FUNDS.—$600,000 for import spe- the President submits to Congress the budg- of counterfeit visas to enter inadmissible cialists, special agents, and other qualified et of the United States Government for a fis- goods. Customs personnel to travel to sub-Saharan cal year, the Commission shall submit to the (B) $149,603 for 1 investigator to be assigned Africa countries to provide technical assist- Committee on Ways and Means of the House to Customs headquarters textile program to ance in developing and implementing effec- of Representatives and the Committee on Fi- coordinate and ensure implementation of tive visa and anti-transshipment systems. nance of the Senate the projected amount of textile production verification team results (2) IMPORT SPECIALISTS.—$266,000 for 4 im- funds for the succeeding fiscal year that will from an investigation perspective. port specialists to be assigned to Customs be necessary for the Commission to carry (4) INTERNATIONAL TRADE SPECIALISTS.— headquarters to be dedicated to providing out its functions.’’. $226,500 for 3 international trade specialists technical assistance to sub-Saharan African Subtitle D—Other trade provisions to be assigned to Customs headquarters to be countries for developing and implementing SEC. 381. INCREASE IN AGGREGATE VALUE OF dedicated to illegal textile transshipment effective visa and anti-transshipment sys- ARTICLES EXEMPT FROM DUTY AC- policy issues and other free trade agreement tems. QUIRED ABROAD BY UNITED STATES enforcement issues. (3) DATA RECONCILIATION ANALYSTS.— RESIDENTS. (5) PERMANENT IMPORT SPECIALISTS FOR $151,000 for 2 data reconciliation analysts to (a) IN GENERAL.—Subheading 9804.00.65 of HONG KONG.—$500,000 for 2 permanent import review apparel shipments. the Harmonized Tariff Schedule of the

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.030 pfrm12 PsN: H26PT1 H4010 CONGRESSIONAL RECORD — HOUSE June 26, 2002 United States is amended in the article de- pretation by a WTO member of provisions of (B) freeing the transfer of funds relating to scription column by striking ‘‘$400’’ and in- the Antidumping Agreement, and to the investments; serting ‘‘$800’’. evaluation by a WTO member of the facts (C) reducing or eliminating performance (b) EFFECTIVE DATE.—The amendment where that evaluation is unbiased and objec- requirements, forced technology transfers, made by subsection (a) shall take effect 90 tive and the establishment of the facts is and other unreasonable barriers to the estab- days after the date of the enactment of this proper. lishment and operation of investments; Act. SEC. 2102. TRADE NEGOTIATING OBJECTIVES. (D) seeking to establish standards for ex- SEC. 382. REGULATORY AUDIT PROCEDURES. (a) OVERALL TRADE NEGOTIATING OBJEC- propriation and compensation for expropria- Section 509(b) of the Tariff Act of 1930 (19 TIVES.—The overall trade negotiating objec- tion, consistent with United States legal U.S.C. 1509(b)) is amended by adding at the tives of the United States for agreements principles and practice; end the following: subject to the provisions of section 2103 are— (E) providing meaningful procedures for re- ‘‘(6)(A) If during the course of any audit (1) to obtain more open, equitable, and re- solving investment disputes; concluded under this subsection, the Cus- ciprocal market access; (F) seeking to improve mechanisms used to toms Service identifies overpayments of du- (2) to obtain the reduction or elimination resolve disputes between an investor and a ties or fees or over-declarations of quantities of barriers and distortions that are directly government through— or values that are within the time period and related to trade and that decrease market (i) mechanisms to eliminate frivolous claims; and scope of the audit that the Customs Service opportunities for United States exports or (ii) procedures to ensure the efficient selec- has defined, then in calculating the loss of otherwise distort United States trade; tion of arbitrators and the expeditious dis- revenue or monetary penalties under section (3) to further strengthen the system of position of claims; 592, the Customs Service shall treat the over- international trading disciplines and proce- (G) providing an appellate or similar re- payments or over-declarations on finally liq- dures, including dispute settlement; view mechanism to correct manifestly erro- uidated entries as an offset to any underpay- (4) to foster economic growth, raise living neous interpretations of law; and ments or underdeclarations also identified standards, and promote full employment in (H) ensuring the fullest measure of trans- on finally liquidated entries if such overpay- the United States and to enhance the global parency in the dispute settlement mecha- ments or over-declarations were not made by economy; the person being audited for the purpose of nism, to the extent consistent with the need (5) to ensure that trade and environmental to protect information that is classified or violating any provision of law. policies are mutually supportive and to seek ‘‘(B) Nothing in this paragraph shall be business confidential, by— to protect and preserve the environment and (i) ensuring that all requests for dispute construed to authorize a refund not other- enhance the international means of doing so, wise authorized under section 520.’’. settlement are promptly made public; while optimizing the use of the world’s re- (ii) ensuring that— DIVISION B—BIPARTISAN TRADE sources; (I) all proceedings, submissions, findings, PROMOTION AUTHORITY (6) to promote respect for worker rights and decisions are promptly made public; and TITLE XXI—TRADE PROMOTION and the rights of children consistent with (II) all hearings are open to the public; and AUTHORITY core labor standards of the International (iii) establishing a mechanism for accept- SEC. 2101. SHORT TITLE AND FINDINGS. Labor Organization (as defined in section ance of amicus curiae submissions from busi- (a) SHORT TITLE.—This title may be cited 2111(2)) and an understanding of the relation- nesses, unions, and nongovernmental organi- as the ‘‘Bipartisan Trade Promotion Author- ship between trade and worker rights; and zations. ity Act of 2002’’. (7) to seek provisions in trade agreements (4) INTELLECTUAL PROPERTY.—The principal (b) FINDINGS.—The Congress makes the fol- under which parties to those agreements negotiating objectives of the United States lowing findings: strive to ensure that they do not weaken or regarding trade-related intellectual property (1) The expansion of international trade is reduce the protections afforded in domestic are— vital to the national security of the United environmental and labor laws as an encour- (A) to further promote adequate and effec- States. Trade is critical to the economic agement for trade. tive protection of intellectual property growth and strength of the United States (b) PRINCIPAL TRADE NEGOTIATING OBJEC- rights, including through— and to its leadership in the world. Stable TIVES.— (i)(I) ensuring accelerated and full imple- trading relationships promote security and (1) TRADE BARRIERS AND DISTORTIONS.—The mentation of the Agreement on Trade-Re- prosperity. Trade agreements today serve principal negotiating objectives of the lated Aspects of Intellectual Property Rights the same purposes that security pacts played United States regarding trade barriers and referred to in section 101(d)(15) of the Uru- during the Cold War, binding nations to- other trade distortions are— guay Round Agreements Act (19 U.S.C. gether through a series of mutual rights and (A) to expand competitive market opportu- 3511(d)(15)), particularly with respect to obligations. Leadership by the United States nities for United States exports and to ob- meeting enforcement obligations under that in international trade fosters open markets, tain fairer and more open conditions of trade agreement; and democracy, and peace throughout the world. by reducing or eliminating tariff and non- (II) ensuring that the provisions of any (2) The national security of the United tariff barriers and policies and practices of multilateral or bilateral trade agreement States depends on its economic security, foreign governments directly related to governing intellectual property rights that which in turn is founded upon a vibrant and trade that decrease market opportunities for is entered into by the United States reflect a growing industrial base. Trade expansion has United States exports or otherwise distort standard of protection similar to that found been the engine of economic growth. Trade United States trade; and in United States law; agreements maximize opportunities for the (B) to obtain reciprocal tariff and nontariff (ii) providing strong protection for new and critical sectors and building blocks of the barrier elimination agreements, with par- emerging technologies and new methods of economy of the United States, such as infor- ticular attention to those tariff categories transmitting and distributing products em- mation technology, telecommunications and covered in section 111(b) of the Uruguay bodying intellectual property; other leading technologies, basic industries, Round Agreements Act (19 U.S.C. 3521(b)). (iii) preventing or eliminating discrimina- capital equipment, medical equipment, serv- (2) TRADE IN SERVICES.—The principal ne- tion with respect to matters affecting the ices, agriculture, environmental technology, gotiating objective of the United States re- availability, acquisition, scope, mainte- and intellectual property. Trade will create garding trade in services is to reduce or nance, use, and enforcement of intellectual new opportunities for the United States and eliminate barriers to international trade in property rights; preserve the unparalleled strength of the services, including regulatory and other bar- (iv) ensuring that standards of protection United States in economic, political, and riers that deny national treatment and mar- and enforcement keep pace with techno- military affairs. The United States, secured ket access or unreasonably restrict the es- logical developments, and in particular en- by expanding trade and economic opportuni- tablishment or operations of service sup- suring that rightholders have the legal and ties, will meet the challenges of the twenty- pliers. technological means to control the use of first century. (3) FOREIGN INVESTMENT.—The principal ne- their works through the Internet and other (3) At the same time, the recent pattern of gotiating objective of the United States re- global communication media, and to prevent decisions by dispute settlement panels and garding foreign investment is to reduce or the unauthorized use of their works; and the Appellate Body of the World Trade Orga- eliminate artificial or trade-distorting bar- (v) providing strong enforcement of intel- nization to impose obligations and restric- riers to trade-related foreign investment lectual property rights, including through tions on the use of antidumping and counter- and, recognizing that United States law on accessible, expeditious, and effective civil, vailing measures by WTO members under the the whole provides a high level of protection administrative, and criminal enforcement Antidumping Agreement and the Agreement for investment, consistent with or greater mechanisms; and on Subsidies and Countervailing Measures than the level required by international law, (B) to secure fair, equitable, and non- has raised concerns, and Congress is con- to secure for investors important rights com- discriminatory market access opportunities cerned that dispute settlement panels and parable to those that would be available for United States persons that rely upon in- the Appellate Body of the WTO appropriately under United States legal principles and tellectual property protection. apply the standard of review contained in practice, by— (5) TRANSPARENCY.—The principal negoti- Article 17.6 of the Antidumping Agreement, (A) reducing or eliminating exceptions to ating objective of the United States with re- to provide deference to a permissible inter- the principle of national treatment; spect to transparency is to obtain wider and

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.030 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4011 broader application of the principle of trans- (C) to ensure that governments refrain nisms to recognize the unique characteris- parency through— from implementing trade-related measures tics of perishable and cyclical agriculture; (A) increased and more timely public ac- that impede electronic commerce; (x) ensuring that the use of import relief cess to information regarding trade issues (D) where legitimate policy objectives re- mechanisms for perishable and cyclical agri- and the activities of international trade in- quire domestic regulations that affect elec- culture are as accessible and timely to grow- stitutions; tronic commerce, to obtain commitments ers in the United States as those mecha- (B) increased openness at the WTO and that any such regulations are the least re- nisms that are used by other countries; other international trade fora by increasing strictive on trade, nondiscriminatory, and (xi) taking into account whether a party to public access to appropriate meetings, pro- transparent, and promote an open market the negotiations has failed to adhere to the ceedings, and submissions, including with re- environment; and provisions of already existing trade agree- gard to dispute settlement and investment; (E) to extend the moratorium of the World ments with the United States or has cir- and Trade Organization on duties on electronic cumvented obligations under those agree- (C) increased and more timely public ac- transmissions. ments; cess to all notifications and supporting docu- (10) RECIPROCAL TRADE IN AGRICULTURE.— (xii) taking into account whether a prod- mentation submitted by parties to the WTO. (A) The principal negotiating objective of uct is subject to market distortions by rea- son of a failure of a major producing country (6) ANTI-CORRUPTION.—The principal nego- the United States with respect to agriculture tiating objectives of the United States with is to obtain competitive opportunities for to adhere to the provisions of already exist- respect to the use of money or other things United States exports of agricultural com- ing trade agreements with the United States or by the circumvention by that country of of value to influence acts, decisions, or omis- modities in foreign markets substantially its obligations under those agreements; sions of foreign governments or officials or equivalent to the competitive opportunities (xiii) otherwise ensuring that countries to secure any improper advantage in a man- afforded foreign exports in United States that accede to the World Trade Organization ner affecting trade are— markets and to achieve fairer and more open have made meaningful market liberalization (A) to obtain high standards and appro- conditions of trade in bulk, specialty crop, commitments in agriculture; priate domestic enforcement mechanisms ap- and value-added commodities by— (xiv) taking into account the impact that plicable to persons from all countries par- (i) reducing or eliminating, by a date cer- agreements covering agriculture to which ticipating in the applicable trade agreement tain, tariffs or other charges that decrease the United States is a party, including the that prohibit such attempts to influence market opportunities for United States North American Free Trade Agreement, have acts, decisions, or omissions of foreign gov- exports— on the United States agricultural industry; ernments; and (I) giving priority to those products that and (B) to ensure that such standards do not are subject to significantly higher tariffs or (xv) maintaining bona fide food assistance place United States persons at a competitive subsidy regimes of major producing coun- programs and preserving United States mar- disadvantage in international trade. tries; and ket development and export credit programs. (7) IMPROVEMENT OF THE WTO AND MULTI- (II) providing reasonable adjustment peri- (B)(i) Before commencing negotiations LATERAL TRADE AGREEMENTS.—The principal ods for United States import-sensitive prod- with respect to agriculture, the United negotiating objectives of the United States ucts, in close consultation with the Congress States Trade Representative, in consultation regarding the improvement of the World on such products before initiating tariff re- with the Congress, shall seek to develop a Trade Organization, the Uruguay Round duction negotiations; position on the treatment of seasonal and Agreements, and other multilateral and bi- (ii) reducing tariffs to levels that are the perishable agricultural products to be em- lateral trade agreements are— same as or lower than those in the United ployed in the negotiations in order to de- (A) to achieve full implementation and ex- States; velop an international consensus on the tend the coverage of the World Trade Organi- (iii) reducing or eliminating subsidies that treatment of seasonal or perishable agricul- zation and such agreements to products, sec- decrease market opportunities for United tural products in investigations relating to tors, and conditions of trade not adequately States exports or unfairly distort agriculture dumping and safeguards and in any other rel- covered; and markets to the detriment of the United evant area. (B) to expand country participation in and States; (ii) During any negotiations on agricul- enhancement of the Information Technology (iv) allowing the preservation of programs tural subsidies, the United States Trade Rep- Agreement and other trade agreements. that support family farms and rural commu- resentative shall seek to establish the com- (8) REGULATORY PRACTICES.—The principal nities but do not distort trade; mon base year for calculating the Aggre- negotiating objectives of the United States (v) developing disciplines for domestic sup- gated Measurement of Support (as defined in regarding the use of government regulation port programs, so that production that is in the Agreement on Agriculture) as the end of or other practices by foreign governments to excess of domestic food security needs is sold each country’s Uruguay Round implementa- provide a competitive advantage to their do- at world prices; tion period, as reported in each country’s mestic producers, service providers, or inves- (vi) eliminating Government policies that Uruguay Round market access schedule. tors and thereby reduce market access for create price-depressing surpluses; (iii) The negotiating objective provided in United States goods, services, and invest- (vii) eliminating state trading enterprises subparagraph (A) applies with respect to ag- ments are— whenever possible; ricultural matters to be addressed in any (A) to achieve increased transparency and (viii) developing, strengthening, and clari- trade agreement entered into under section opportunity for the participation of affected fying rules and effective dispute settlement 2103(a) or (b), including any trade agreement parties in the development of regulations; mechanisms to eliminate practices that un- entered into under section 2103(a) or (b) that (B) to require that proposed regulations be fairly decrease United States market access provides for accession to a trade agreement based on sound science, cost-benefit analysis, opportunities or distort agricultural mar- to which the United States is already a risk assessment, or other objective evidence; kets to the detriment of the United States, party, such as the North American Free (C) to establish consultative mechanisms particularly with respect to import-sensitive Trade Agreement and the United States-Can- among parties to trade agreements to pro- products, including— ada Free Trade Agreement. mote increased transparency in developing (I) unfair or trade-distorting activities of (11) LABOR AND THE ENVIRONMENT.—The guidelines, rules, regulations, and laws for state trading enterprises and other adminis- principal negotiating objectives of the government procurement and other regu- trative mechanisms, with emphasis on re- United States with respect to labor and the latory regimes; and quiring price transparency in the operation environment are— (D) to achieve the elimination of govern- of state trading enterprises and such other (A) to ensure that a party to a trade agree- ment measures such as price controls and mechanisms in order to end cross subsidiza- ment with the United States does not fail to reference pricing which deny full market ac- tion, price discrimination, and price under- effectively enforce its environmental or cess for United States products. cutting; labor laws, through a sustained or recurring (9) ELECTRONIC COMMERCE.—The principal (II) unjustified trade restrictions or com- course of action or inaction, in a manner af- negotiating objectives of the United States mercial requirements, such as labeling, that fecting trade between the United States and with respect to electronic commerce are— affect new technologies, including bio- that party after entry into force of a trade (A) to ensure that current obligations, technology; agreement between those countries; rules, disciplines, and commitments under (III) unjustified sanitary or phytosanitary (B) to recognize that parties to a trade the World Trade Organization apply to elec- restrictions, including those not based on agreement retain the right to exercise dis- tronic commerce; scientific principles in contravention of the cretion with respect to investigatory, pros- (B) to ensure that— Uruguay Round Agreements; ecutorial, regulatory, and compliance mat- (i) electronically delivered goods and serv- (IV) other unjustified technical barriers to ters and to make decisions regarding the al- ices receive no less favorable treatment trade; and location of resources to enforcement with re- under trade rules and commitments than (V) restrictive rules in the administration spect to other labor or environmental mat- like products delivered in physical form; and of tariff rate quotas; ters determined to have higher priorities, (ii) the classification of such goods and (ix) eliminating practices that adversely and to recognize that a country is effectively services ensures the most liberal trade treat- affect trade in perishable or cyclical prod- enforcing its laws if a course of action or in- ment possible; ucts, while improving import relief mecha- action reflects a reasonable exercise of such

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.030 pfrm12 PsN: H26PT1 H4012 CONGRESSIONAL RECORD — HOUSE June 26, 2002 discretion, or results from a bona fide deci- (2) seek to establish consultative mecha- cant and unanticipated currency movements sion regarding the allocation of resources nisms among parties to trade agreements to and to scrutinize whether a foreign govern- and no retaliation may be authorized based strengthen the capacity of United States ment engaged in a pattern of manipulating on the exercise of these rights or the right to trading partners to promote respect for core its currency to promote a competitive ad- establish domestic labor standards and levels labor standards (as defined in section vantage in international trade. of environmental protection; 2111(2)), and report to the Committee on The report under paragraph (11) shall address (C) to strengthen the capacity of United Ways and Means of the House of Representa- whether the penalty or remedy was effective States trading partners to promote respect tives and the Committee on Finance of the in changing the behavior of the targeted for core labor standards (as defined in sec- Senate on the content and operation of such party and whether the penalty or remedy tion 2111(2)); mechanisms; had any adverse impact on parties or inter- (D) to strengthen the capacity of United (3) seek to establish consultative mecha- ests not party to the dispute. States trading partners to protect the envi- nisms among parties to trade agreements to (d) CONSULTATIONS.— ronment through the promotion of sustain- strengthen the capacity of United States (1) CONSULTATIONS WITH CONGRESSIONAL AD- able development; trading partners to develop and implement VISERS.—In the course of negotiations con- (E) to reduce or eliminate government standards for the protection of the environ- ducted under this title, the United States practices or policies that unduly threaten ment and human health based on sound Trade Representative shall consult closely sustainable development; science, and report to the Committee on and on a timely basis with, and keep fully (F) to seek market access, through the Ways and Means of the House of Representa- apprised of the negotiations, the Congres- elimination of tariffs and nontariff barriers, tives and the Committee on Finance of the sional Oversight Group convened under sec- for United States environmental tech- Senate on the content and operation of such tion 2107 and all committees of the House of nologies, goods, and services; and mechanisms; Representatives and the Senate with juris- (G) to ensure that labor, environmental, (4) conduct environmental reviews of fu- diction over laws that would be affected by a health, or safety policies and practices of the ture trade and investment agreements, con- trade agreement resulting from the negotia- parties to trade agreements with the United sistent with Executive Order 13141 of Novem- tions. States do not arbitrarily or unjustifiably dis- ber 16, 1999, and its relevant guidelines, and (2) CONSULTATION BEFORE AGREEMENT INI- criminate against United States exports or report to the Committee on Ways and Means TIALED.—In the course of negotiations con- serve as disguised barriers to trade. of the House of Representatives and the ducted under this title, the United States (12) DISPUTE SETTLEMENT AND ENFORCE- Committee on Finance of the Senate on such Trade Representative shall— MENT.—The principal negotiating objectives reviews; (A) consult closely and on a timely basis of the United States with respect to dispute (5) review the impact of future trade agree- (including immediately before initialing an settlement and enforcement of trade agree- ments on United States employment, mod- agreement) with, and keep fully apprised of ments are— eled after Executive Order 13141, and report the negotiations, the congressional advisers (A) to seek provisions in trade agreements to the Committee on Ways and Means of the for trade policy and negotiations appointed providing for resolution of disputes between House of Representatives and the Committee under section 161 of the Trade Act of 1974 (19 governments under those trade agreements on Finance of the Senate on such review; U.S.C. 2211), the Committee on Ways and in an effective, timely, transparent, equi- (6) take into account other legitimate Means of the House of Representatives, the United States domestic objectives including, table, and reasoned manner, requiring deter- Committee on Finance of the Senate, and but not limited to, the protection of legiti- the Congressional Oversight Group convened minations based on facts and the principles mate health or safety, essential security, under section 2107; and of the agreements, with the goal of increas- and consumer interests and the law and reg- (B) with regard to any negotiations and ing compliance with the agreements; ulations related thereto; agreement relating to agricultural trade, (B) to seek to strengthen the capacity of (7) have the Secretary of Labor consult also consult closely and on a timely basis the Trade Policy Review Mechanism of the with any country seeking a trade agreement (including immediately before initialing an World Trade Organization to review compli- with the United States concerning that agreement) with, and keep fully apprised of ance with commitments; country’s labor laws and provide technical the negotiations, the Committee on Agri- (C) to seek provisions encouraging the assistance to that country if needed; culture of the House of Representatives and early identification and settlement of dis- (8) with respect to any trade agreement the Committee on Agriculture, Nutrition, putes through consultation; which the President seeks to implement and Forestry of the Senate. (D) to seek provisions to encourage the under trade authorities procedures, submit (e) ADHERENCE TO OBLIGATIONS UNDER URU- provision of trade-expanding compensation if to the Congress a report describing the ex- GUAY ROUND AGREEMENTS.—In determining a party to a dispute under the agreement tent to which the country or countries that whether to enter into negotiations with a does not come into compliance with its obli- are parties to the agreement have in effect particular country, the President shall take gations under the agreement; laws governing exploitative child labor; into account the extent to which that coun- (E) to seek provisions to impose a penalty (9)(A) preserve the ability of the United try has implemented, or has accelerated the upon a party to a dispute under the agree- States to enforce rigorously its trade laws, implementation of, its obligations under the ment that— including the antidumping and counter- Uruguay Round Agreements. (i) encourages compliance with the obliga- vailing duty laws, and avoid agreements SEC. 2103. TRADE AGREEMENTS AUTHORITY. tions of the agreement; which lessen the effectiveness of domestic (a) AGREEMENTS REGARDING TARIFF BAR- (ii) is appropriate to the parties, nature, and international disciplines on unfair trade, RIERS.— subject matter, and scope of the violation; especially dumping and subsidies, in order to (1) IN GENERAL.—Whenever the President and ensure that United States workers, agricul- determines that one or more existing duties (iii) has the aim of not adversely affecting tural producers, and firms can compete fully or other import restrictions of any foreign parties or interests not party to the dispute on fair terms and enjoy the benefits of recip- country or the United States are unduly bur- while maintaining the effectiveness of the rocal trade concessions; and dening and restricting the foreign trade of enforcement mechanism; and (B) ensure that United States exports are the United States and that the purposes, (F) to seek provisions that treat United not subject to the abusive use of trade laws, policies, priorities, and objectives of this States principal negotiating objectives including antidumping and countervailing title will be promoted thereby, the equally with respect to— duty laws, by other countries. President— (i) the ability to resort to dispute settle- (10) continue to promote consideration of (A) may enter into trade agreements with ment under the applicable agreement; multilateral environmental agreements and foreign countries before— (ii) the availability of equivalent dispute consult with parties to such agreements re- (i) June 1, 2005; or settlement procedures; and garding the consistency of any such agree- (ii) June 1, 2007, if trade authorities proce- (iii) the availability of equivalent rem- ment that includes trade measures with ex- dures are extended under subsection (c); and edies. isting environmental exceptions under Arti- (B) may, subject to paragraphs (2) and (3), (13) WTO EXTENDED NEGOTIATIONS.—The cle XX of the GATT 1994; proclaim— principal negotiating objectives of the (11) report to the Committee on Ways and (i) such modification or continuance of any United States regarding trade in civil air- Means of the House of Representatives and existing duty, craft are those set forth in section 135(c) of the Committee on Finance of the Senate, not (ii) such continuance of existing duty-free the Uruguay Round Agreements Act (19 later than 12 months after the imposition of or excise treatment, or U.S.C. 3355(c)) and regarding rules of origin a penalty or remedy by the United States (iii) such additional duties, are the conclusion of an agreement described permitted by a trade agreement to which as the President determines to be required or in section 132 of that Act (19 U.S.C. 3552). this title applies, on the effectiveness of the appropriate to carry out any such trade (c) PROMOTION OF CERTAIN PRIORITIES.—In penalty or remedy applied under United agreement. order to address and maintain United States States law in enforcing United States rights The President shall notify the Congress of competitiveness in the global economy, the under the trade agreement; and the President’s intention to enter into an President shall— (12) seek to establish consultative mecha- agreement under this subsection. (1) seek greater cooperation between the nisms among parties to trade agreements to (2) LIMITATIONS.—No proclamation may be WTO and the ILO; examine the trade consequences of signifi- made under paragraph (1) that—

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(A) reduces any rate of duty (other than a (1) IN GENERAL.—(A) Whenever the Presi- to the Congress, not later than March 1, 2005, rate of duty that does not exceed 5 percent dent determines that— a written report that contains a request for ad valorem on the date of the enactment of (i) one or more existing duties or any other such extension, together with— this Act) to a rate of duty which is less than import restriction of any foreign country or (A) a description of all trade agreements 50 percent of the rate of such duty that ap- the United States or any other barrier to, or that have been negotiated under subsection plies on such date of enactment; other distortion of, international trade un- (b) and the anticipated schedule for submit- (B) notwithstanding paragraph (6), reduces duly burdens or restricts the foreign trade of ting such agreements to the Congress for ap- the rate of duty below that applicable under the United States or adversely affects the proval; the Uruguay Round Agreements, on any ag- United States economy; or (B) a description of the progress that has ricultural product which was the subject of (ii) the imposition of any such barrier or been made in negotiations to achieve the tariff reductions by the United States as a distortion is likely to result in such a bur- purposes, policies, priorities, and objectives result of the Uruguay Round Agreements, for den, restriction, or effect; of this title, and a statement that such which the rate of duty, pursuant to such and that the purposes, policies, priorities, progress justifies the continuation of nego- Agreements, was reduced on January 1, 1995, and objectives of this title will be promoted tiations; and to a rate which was not less than 97.5 percent thereby, the President may enter into a (C) a statement of the reasons why the ex- of the rate of duty that applied to such arti- trade agreement described in subparagraph tension is needed to complete the negotia- cle on December 31, 1994; or tions. (B) during the period described in subpara- (C) increases any rate of duty above the (3) REPORT TO CONGRESS BY THE ADVISORY graph (C). rate that applied on the date of the enact- COMMITTEE.—The President shall promptly (B) The President may enter into a trade ment of this Act. inform the Advisory Committee for Trade agreement under subparagraph (A) with for- (3) AGGREGATE REDUCTION; EXEMPTION FROM Policy and Negotiations established under eign countries providing for— STAGING.— section 135 of the Trade Act of 1974 (19 U.S.C. (i) the reduction or elimination of a duty, (A) AGGREGATE REDUCTION.—Except as pro- 2155) of the President’s decision to submit a restriction, barrier, or other distortion de- vided in subparagraph (B), the aggregate re- report to the Congress under paragraph (2). scribed in subparagraph (A), or duction in the rate of duty on any article The Advisory Committee shall submit to the which is in effect on any day pursuant to a (ii) the prohibition of, or limitation on the Congress as soon as practicable, but not trade agreement entered into under para- imposition of, such barrier or other distor- later than May 1, 2005, a written report that graph (1) shall not exceed the aggregate re- tion. contains— duction which would have been in effect on (C) The President may enter into a trade (A) its views regarding the progress that such day if— agreement under this paragraph before— has been made in negotiations to achieve the (i) a reduction of 3 percent ad valorem or a (i) June 1, 2005; or purposes, policies, priorities, and objectives reduction of one-tenth of the total reduction, (ii) June 1, 2007, if trade authorities proce- of this title; and whichever is greater, had taken effect on the dures are extended under subsection (c). (B) a statement of its views, and the rea- effective date of the first reduction pro- (2) CONDITIONS.—A trade agreement may be sons therefor, regarding whether the exten- claimed under paragraph (1) to carry out entered into under this subsection only if sion requested under paragraph (2) should be such agreement with respect to such article; such agreement makes progress in meeting approved or disapproved. and the applicable objectives described in section (4) STATUS OF REPORTS.—The reports sub- (ii) a reduction equal to the amount appli- 2102(a) and (b) and the President satisfies the mitted to the Congress under paragraphs (2) cable under clause (i) had taken effect at 1- conditions set forth in section 2104. and (3), or any portion of such reports, may year intervals after the effective date of such (3) BILLS QUALIFYING FOR TRADE AUTHORI- be classified to the extent the President de- first reduction. TIES PROCEDURES.—(A) The provisions of sec- termines appropriate. (B) EXEMPTION FROM STAGING.—No staging tion 151 of the Trade Act of 1974 (in this title (5) EXTENSION DISAPPROVAL RESOLUTIONS.— is required under subparagraph (A) with re- referred to as ‘‘trade authorities proce- (A) For purposes of paragraph (1), the term spect to a duty reduction that is proclaimed dures’’) apply to a bill of either House of ‘‘extension disapproval resolution’’ means a under paragraph (1) for an article of a kind Congress which contains provisions described resolution of either House of the Congress, that is not produced in the United States. in subparagraph (B) to the same extent as the sole matter after the resolving clause of The United States International Trade Com- such section 151 applies to implementing which is as follows: ‘‘That the ll dis- mission shall advise the President of the bills under that section. A bill to which this approves the request of the President for the identity of articles that may be exempted paragraph applies shall hereafter in this title extension, under section 2103(c)(1)(B)(i) of from staging under this subparagraph. be referred to as an ‘‘implementing bill’’. the Bipartisan Trade Promotion Authority (4) ROUNDING.—If the President determines (B) The provisions referred to in subpara- Act of 2002, of the trade authorities proce- that such action will simplify the computa- graph (A) are— dures under that Act to any implementing tion of reductions under paragraph (3), the (i) a provision approving a trade agreement bill submitted with respect to any trade President may round an annual reduction by entered into under this subsection and ap- agreement entered into under section 2103(b) an amount equal to the lesser of— proving the statement of administrative ac- of that Act after June 30, 2005.’’, with the (A) the difference between the reduction tion, if any, proposed to implement such blank space being filled with the name of the without regard to this paragraph and the trade agreement; and resolving House of the Congress. next lower whole number; or (ii) if changes in existing laws or new stat- (B) Extension disapproval resolutions— (B) one-half of 1 percent ad valorem. utory authority are required to implement (i) may be introduced in either House of (5) OTHER LIMITATIONS.—A rate of duty re- such trade agreement or agreements, provi- the Congress by any member of such House; duction that may not be proclaimed by rea- sions, necessary or appropriate to implement and son of paragraph (2) may take effect only if such trade agreement or agreements, either (ii) shall be referred, in the House of Rep- a provision authorizing such reduction is in- repealing or amending existing laws or pro- resentatives, to the Committee on Ways and cluded within an implementing bill provided viding new statutory authority. Means and, in addition, to the Committee on for under section 5 and that bill is enacted (c) EXTENSION DISAPPROVAL PROCESS FOR Rules. into law. CONGRESSIONAL TRADE AUTHORITIES PROCE- (C) The provisions of section 152(d) and (e) (6) OTHER TARIFF MODIFICATIONS.—Notwith- DURES.— of the Trade Act of 1974 (19 U.S.C. 2192(d) and standing paragraphs (1)(B), (2)(A), (2)(C), and (1) IN GENERAL.—Except as provided in sec- (e)) (relating to the floor consideration of (3) through (5), and subject to the consulta- tion 2105(b)— certain resolutions in the House and Senate) tion and layover requirements of section 115 (A) the trade authorities procedures apply apply to extension disapproval resolutions. of the Uruguay Round Agreements Act, the to implementing bills submitted with re- (D) It is not in order for— President may proclaim the modification of spect to trade agreements entered into under (i) the Senate to consider any extension any duty or staged rate reduction of any subsection (b) before July 1, 2005; and disapproval resolution not reported by the duty set forth in Schedule XX, as defined in (B) the trade authorities procedures shall Committee on Finance; section 2(5) of that Act, if the United States be extended to implementing bills submitted (ii) the House of Representatives to con- agrees to such modification or staged rate with respect to trade agreements entered sider any extension disapproval resolution reduction in a negotiation for the reciprocal into under subsection (b) after June 30, 2005, not reported by the Committee on Ways and elimination or harmonization of duties under and before July 1, 2007, if (and only if)— Means and, in addition, by the Committee on the auspices of the World Trade Organiza- (i) the President requests such extension Rules; or tion. under paragraph (2); and (iii) either House of the Congress to con- (7) AUTHORITY UNDER URUGUAY ROUND (ii) neither House of the Congress adopts sider an extension disapproval resolution AGREEMENTS ACT NOT AFFECTED.—Nothing in an extension disapproval resolution under after June 30, 2005. this subsection shall limit the authority pro- paragraph (5) before June 1, 2005. (d) COMMENCEMENT OF NEGOTIATIONS.—In vided to the President under section 111(b) of (2) REPORT TO CONGRESS BY THE PRESI- order to contribute to the continued eco- the Uruguay Round Agreements Act (19 DENT.—If the President is of the opinion that nomic expansion of the United States, the U.S.C. 3521(b)). the trade authorities procedures should be President shall commence negotiations cov- (b) AGREEMENTS REGARDING TARIFF AND extended to implementing bills described in ering tariff and nontariff barriers affecting NONTARIFF BARRIERS.— paragraph (1)(B), the President shall submit any industry, product, or service sector, and

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.030 pfrm12 PsN: H26PT1 H4014 CONGRESSIONAL RECORD — HOUSE June 26, 2002 expand existing sectoral agreements to coun- reduced on January 1, 1995, to a rate which (C) the Congressional Oversight Group con- tries that are not parties to those agree- was not less than 97.5 percent of the rate of vened under section 2107. ments, in cases where the President deter- duty that applied to such article on Decem- (2) SCOPE.—The consultation described in mines that such negotiations are feasible ber 31, 1994; paragraph (1) shall include consultation with and timely and would benefit the United (ii) consult with the Committee on Ways respect to— States. Such sectors include agriculture, and Means and the Committee on Agri- (A) the nature of the agreement; commercial services, intellectual property culture of the House of Representatives and (B) how and to what extent the agreement rights, industrial and capital goods, govern- the Committee on Finance and the Com- will achieve the applicable purposes, poli- ment procurement, information technology mittee on Agriculture, Nutrition, and For- cies, priorities, and objectives of this title; products, environmental technology and estry of the Senate concerning— and services, medical equipment and services, (I) whether any further tariff reductions on (C) the implementation of the agreement civil aircraft, and infrastructure products. In the products identified under clause (i) under section 2105, including the general ef- so doing, the President shall take into ac- should be appropriate, taking into account fect of the agreement on existing laws. count all of the principal negotiating objec- the impact of any such tariff reduction on (e) ADVISORY COMMITTEE REPORTS.—The re- tives set forth in section 2102(b). the United States industry producing the port required under section 135(e)(1) of the SEC. 2104. CONSULTATIONS AND ASSESSMENT. product concerned; and Trade Act of 1974 regarding any trade agree- (a) NOTICE AND CONSULTATION BEFORE NE- (II) whether the products so identified face ment entered into under section 2103(a) or (b) GOTIATION.—The President, with respect to unjustified sanitary or phytosanitary re- of this Act shall be provided to the Presi- any agreement that is subject to the provi- strictions, including those not based on sci- dent, the Congress, and the United States sions of section 2103(b), shall— entific principles in contravention of the Trade Representative not later than 30 days (1) provide, at least 90 calendar days before Uruguay Round Agreements; after the date on which the President noti- initiating negotiations, written notice to the (iii) request that the International Trade fies the Congress under section 2103(a)(1) or Congress of the President’s intention to Commission prepare an assessment of the 2105(a)(1)(A) of the President’s intention to enter into the negotiations and set forth probable economic effects of any such tariff enter into the agreement. therein the date the President intends to ini- reduction on the United States industry pro- (f) ITC ASSESSMENT.— tiate such negotiations, the specific United ducing the product concerned and on the (1) IN GENERAL.—The President, at least 90 States objectives for the negotiations, and United States economy as a whole; and calendar days before the day on which the whether the President intends to seek an (iv) upon complying with clauses (i), (ii), President enters into a trade agreement agreement, or changes to an existing agree- and (iii), notify the Committee on Ways and under section 2103(b), shall provide the Inter- ment; Means and the Committee on Agriculture of national Trade Commission (referred to in (2) before and after submission of the no- the House of Representatives and the Com- this subsection as ‘‘the Commission’’) with tice, consult regarding the negotiations with mittee on Finance and the Committee on Ag- the details of the agreement as it exists at the Committee on Finance of the Senate and riculture, Nutrition, and Forestry of the that time and request the Commission to the Committee on Ways and Means of the Senate of those products identified under prepare and submit an assessment of the House of Representatives, such other com- clause (i) for which the Trade Representative agreement as described in paragraph (2). Be- mittees of the House and Senate as the intends to seek tariff liberalization in the tween the time the President makes the re- President deems appropriate, and the Con- negotiations and the reasons for seeking quest under this paragraph and the time the gressional Oversight group convened under such tariff liberalization. Commission submits the assessment, the section 2107; and (B) If, after negotiations described in sub- President shall keep the Commission current (3) upon the request of a majority of the paragraph (A) are commenced— with respect to the details of the agreement. members of the Congressional Oversight (i) the United States Trade Representative (2) ITC ASSESSMENT.—Not later than 90 cal- Group under section 2107(c), meet with the identifies any additional agricultural prod- endar days after the President enters into Congressional Oversight Group before initi- uct described in subparagraph (A)(i) for tariff the agreement, the Commission shall submit ating the negotiations or at any other time reductions which were not the subject of a to the President and the Congress a report concerning the negotiations. notification under subparagraph (A)(iv), or assessing the likely impact of the agreement (b) NEGOTIATIONS REGARDING AGRI- (ii) any additional agricultural product de- on the United States economy as a whole CULTURE.— scribed in subparagraph (A)(i) is the subject and on specific industry sectors, including (1) IN GENERAL.—Before initiating or con- of a request for tariff reductions by a party the impact the agreement will have on the tinuing negotiations the subject matter of to the negotiations, gross domestic product, exports and imports, which is directly related to the subject mat- the Trade Representative shall, as soon as aggregate employment and employment op- ter under section 2102(b)(10)(A)(i) with any practicable, notify the committees referred portunities, the production, employment, country, the President shall assess whether to in subparagraph (A)(iv) of those products and competitive position of industries likely United States tariffs on agricultural prod- and the reasons for seeking such tariff reduc- to be significantly affected by the agree- ucts that were bound under the Uruguay tions. ment, and the interests of United States con- Round Agreements are lower than the tariffs (c) NEGOTIATIONS REGARDING TEXTILES.— sumers. bound by that country. In addition, the Before initiating or continuing negotiations (3) REVIEW OF EMPIRICAL LITERATURE.—In President shall consider whether the tariff the subject matter of which is directly re- preparing the assessment, the Commission levels bound and applied throughout the lated to textiles and apparel products with shall review available economic assessments world with respect to imports from the any country, the President shall assess regarding the agreement, including lit- United States are higher than United States whether United States tariffs on textile and erature regarding any substantially equiva- tariffs and whether the negotiation provides apparel products that were bound under the lent proposed agreement, and shall provide an opportunity to address any such dis- Uruguay Round Agreements are lower than in its assessment a description of the anal- parity. The President shall consult with the the tariffs bound by that country and wheth- yses used and conclusions drawn in such lit- Committee on Ways and Means and the Com- er the negotiation provides an opportunity erature, and a discussion of areas of con- mittee on Agriculture of the House of Rep- to address any such disparity. The President sensus and divergence between the various resentatives and the Committee on Finance shall consult with the Committee on Ways analyses and conclusions, including those of and the Committee on Agriculture, Nutri- and Means of the House of Representatives the Commission regarding the agreement. tion, and Forestry of the Senate concerning and the Committee on Finance of the Senate SEC. 2105. IMPLEMENTATION OF TRADE AGREE- the results of the assessment, whether it is concerning the results of the assessment, MENTS. appropriate for the United States to agree to whether it is appropriate for the United (a) IN GENERAL.— further tariff reductions based on the conclu- States to agree to further tariff reductions (1) NOTIFICATION AND SUBMISSION.—Any sions reached in the assessment, and how all based on the conclusions reached in the as- agreement entered into under section 2103(b) applicable negotiating objectives will be sessment, and how all applicable negotiating shall enter into force with respect to the met. objectives will be met. United States if (and only if)— (2) SPECIAL CONSULTATIONS ON IMPORT SEN- (d) CONSULTATION WITH CONGRESS BEFORE (A) the President, at least 90 calendar days SITIVE PRODUCTS.—(A) Before initiating nego- AGREEMENTS ENTERED INTO.— before the day on which the President enters tiations with regard to agriculture, and, (1) CONSULTATION.—Before entering into into the trade agreement, notifies the House with respect to the Free Trade Area for the any trade agreement under section 2103(b), of Representatives and the Senate of the Americas and negotiations with regard to the President shall consult with— President’s intention to enter into the agree- agriculture under the auspices of the World (A) the Committee on Ways and Means of ment, and promptly thereafter publishes no- Trade Organization, as soon as practicable the House of Representatives and the Com- tice of such intention in the Federal Reg- after the enactment of this Act, the United mittee on Finance of the Senate; ister; States Trade Representative shall— (B) each other committee of the House and (B) within 60 days after entering into the (i) identify those agricultural products the Senate, and each joint committee of the agreement, the President submits to the subject to tariff reductions by the United Congress, which has jurisdiction over legisla- Congress a description of those changes to States as a result of the Uruguay Round tion involving subject matters which would existing laws that the President considers Agreements, for which the rate of duty was be affected by the trade agreement; and would be required in order to bring the

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.030 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4015 United States into compliance with the negotiations with respect to llllll and, (4) establishes a Free Trade Area for the agreement; therefore, the trade authorities procedures Americas, (C) after entering into the agreement, the under that Act shall not apply to any imple- and results from negotiations that were com- President submits to the Congress, on a day menting bill submitted with respect to such menced before the date of the enactment of on which both Houses of Congress are in ses- trade agreement or agreements.’’, with the this Act, subsection (b) shall apply. sion, a copy of the final legal text of the blank space being filled with a description of (b) TREATMENT OF AGREEMENTS.—In the agreement, together with— the trade agreement or agreements with re- case of any agreement to which subsection (i) a draft of an implementing bill de- spect to which the President is considered to (a) applies— scribed in section 2103(b)(3); have failed or refused to notify or consult. (1) the applicability of the trade authori- (ii) a statement of any administrative ac- (ii) For purposes of clause (i), the President ties procedures to implementing bills shall tion proposed to implement the trade agree- has ‘‘failed or refused to notify or consult in be determined without regard to the require- ment; and accordance with the Bipartisan Trade Pro- ments of section 2104(a) (relating only to 90 (iii) the supporting information described motion Authority Act of 2002’’ on negotia- days notice prior to initiating negotiations), in paragraph (2); and tions with respect to a trade agreement or and any procedural disapproval resolution (D) the implementing bill is enacted into trade agreements if— under section 2105(b)(1)(B) shall not be in law. (I) the President has failed or refused to order on the basis of a failure or refusal to (2) SUPPORTING INFORMATION.—The sup- consult (as the case may be) in accordance comply with the provisions of section 2104(a); porting information required under para- with section 2104 or 2105 with respect to the and graph (1)(C)(iii) consists of— negotiations, agreement, or agreements; (2) the President shall, as soon as feasible (A) an explanation as to how the imple- (II) guidelines under section 2107(b) have after the enactment of this Act— menting bill and proposed administrative ac- not been developed or met with respect to (A) notify the Congress of the negotiations tion will change or affect existing law; and the negotiations, agreement, or agreements; described in subsection (a), the specific (B) a statement— (III) the President has not met with the United States objectives in the negotiations, (i) asserting that the agreement makes Congressional Oversight Group pursuant to a and whether the President is seeking a new progress in achieving the applicable pur- request made under section 2107(c) with re- agreement or changes to an existing agree- poses, policies, priorities, and objectives of spect to the negotiations, agreement, or ment; and this title; and agreements; or (B) before and after submission of the no- (ii) setting forth the reasons of the Presi- (IV) the agreement or agreements fail to tice, consult regarding the negotiations with dent regarding— make progress in achieving the purposes, the committees referred to in section (I) how and to what extent the agreement policies, priorities, and objectives of this 2104(a)(2) and the Congressional Oversight makes progress in achieving the applicable title. Group. purposes, policies, and objectives referred to (2) PROCEDURES FOR CONSIDERING RESOLU- SEC. 2107. CONGRESSIONAL OVERSIGHT GROUP. in clause (i); TIONS.—(A) Procedural disapproval (a) MEMBERS AND FUNCTIONS.— (II) whether and how the agreement resolutions— (1) IN GENERAL.—By not later than 60 days changes provisions of an agreement pre- (i) in the House of Representatives— after the date of the enactment of this Act, viously negotiated; (I) may be introduced by any Member of and not later than 30 days after the con- (III) how the agreement serves the inter- the House; vening of each Congress, the chairman of the ests of United States commerce; (II) shall be referred to the Committee on Committee on Ways and Means of the House (IV) how the implementing bill meets the Ways and Means and, in addition, to the of Representatives and the chairman of the standards set forth in section 2103(b)(3); and Committee on Rules; and Committee on Finance of the Senate shall (V) how and to what extent the agreement (III) may not be amended by either Com- convene the Congressional Oversight Group. makes progress in achieving the applicable mittee; and (2) MEMBERSHIP FROM THE HOUSE.—In each purposes, policies, and objectives referred to (ii) in the Senate may be introduced by Congress, the Congressional Oversight Group in section 2102(c) regarding the promotion of any Member of the Senate. shall be comprised of the following Members certain priorities. (B) The provisions of section 152(d) and (e) of the House of Representatives: (3) RECIPROCAL BENEFITS.—In order to en- of the Trade Act of 1974 (19 U.S.C. 2192(d) and (A) The chairman and ranking member of sure that a foreign country that is not a (e)) (relating to the floor consideration of the Committee on Ways and Means, and 3 ad- party to a trade agreement entered into certain resolutions in the House and Senate) ditional members of such Committee (not under section 2103(b) does not receive bene- apply to a procedural disapproval resolution more than 2 of whom are members of the fits under the agreement unless the country introduced with respect to a trade agreement same political party). is also subject to the obligations under the if no other procedural disapproval resolution (B) The chairman and ranking member, or agreement, the implementing bill submitted with respect to that trade agreement has their designees, of the committees of the with respect to the agreement shall provide previously been considered under such provi- House of Representatives which would have, that the benefits and obligations under the sions of section 152 of the Trade Act of 1974 under the Rules of the House of Representa- agreement apply only to the parties to the in that House of Congress during that Con- tives, jurisdiction over provisions of law af- agreement, if such application is consistent gress. fected by a trade agreement negotiations for with the terms of the agreement. The imple- (C) It is not in order for the House of Rep- which are conducted at any time during that menting bill may also provide that the bene- resentatives to consider any procedural dis- Congress and to which this title would apply. fits and obligations under the agreement do approval resolution not reported by the Com- (3) MEMBERSHIP FROM THE SENATE.—In each not apply uniformly to all parties to the mittee on Ways and Means and, in addition, Congress, the Congressional Oversight Group agreement, if such application is consistent by the Committee on Rules. shall also be comprised of the following with the terms of the agreement. (c) RULES OF HOUSE OF REPRESENTATIVES members of the Senate: (b) LIMITATIONS ON TRADE AUTHORITIES AND SENATE.—Subsection (b) of this section (A) The chairman and ranking Member of PROCEDURES.— and section 2103(c) are enacted by the the Committee on Finance and 3 additional (1) FOR LACK OF NOTICE OR CONSULTA- Congress— members of such Committee (not more than TIONS.— (1) as an exercise of the rulemaking power 2 of whom are members of the same political (A) IN GENERAL.—The trade authorities of the House of Representatives and the Sen- party). procedures shall not apply to any imple- ate, respectively, and as such are deemed a (B) The chairman and ranking member, or menting bill submitted with respect to a part of the rules of each House, respectively, their designees, of the committees of the trade agreement or trade agreements entered and such procedures supersede other rules Senate which would have, under the Rules of into under section 2103(b) if during the 60-day only to the extent that they are inconsistent the Senate, jurisdiction over provisions of period beginning on the date that one House with such other rules; and law affected by a trade agreement negotia- of Congress agrees to a procedural dis- (2) with the full recognition of the con- tions for which are conducted at any time approval resolution for lack of notice or con- stitutional right of either House to change during that Congress and to which this title sultations with respect to such trade agree- the rules (so far as relating to the procedures would apply. ment or agreements, the other House sepa- of that House) at any time, in the same man- (4) ACCREDITATION.—Each member of the rately agrees to a procedural disapproval res- ner, and to the same extent as any other rule Congressional Oversight Group described in olution with respect to such trade agreement of that House. paragraph (2)(A) and (3)(A) shall be accred- or agreements. SEC. 2106. TREATMENT OF CERTAIN TRADE ited by the United States Trade Representa- (B) PROCEDURAL DISAPPROVAL RESOLU- AGREEMENTS FOR WHICH NEGOTIA- tive on behalf of the President as official ad- TION.—(i) For purposes of this paragraph, the TIONS HAVE ALREADY BEGUN. visers to the United States delegation in ne- term ‘‘procedural disapproval resolution’’ (a) CERTAIN AGREEMENTS.—Notwith- gotiations for any trade agreement to which means a resolution of either House of Con- standing section 2103(b)(2), if an agreement this title applies. Each member of the Con- gress, the sole matter after the resolving to which section 2103(b) applies— gressional Oversight Group described in clause of which is as follows: ‘‘That the (1) is entered into under the auspices of the paragraph (2)(B) and (3)(B) shall be accred- President has failed or refused to notify or World Trade Organization, ited by the United States Trade Representa- consult in accordance with the Bipartisan (2) is entered into with Chile, tive on behalf of the President as official ad- Trade Promotion Authority Act of 2002 on (3) is entered into with Singapore, or visers to the United States delegation in the

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negotiations by reason of which the member market access for United States exports), (4) PREREQUISITES FOR OFFERS.—Section is in the Congressional Oversight Group. The the Department of the Treasury, and such 134(b) (19 U.S.C. 2154(b)) is amended by strik- Congressional Oversight Group shall consult other agencies as may be necessary. ing ‘‘section 1102 of the Omnibus Trade and with and provide advice to the Trade Rep- (3) CUSTOMS INFRASTRUCTURE REQUIRE- Competitiveness Act of 1988’’ and inserting resentative regarding the formulation of spe- MENTS.—A description of the additional ‘‘section 2103 of the Bipartisan Trade Pro- cific objectives, negotiating strategies and equipment and facilities needed by the motion Authority Act of 2002’’. positions, the development of the applicable United States Customs Service. (5) ADVICE FROM PRIVATE AND PUBLIC SEC- trade agreement, and compliance and en- (4) IMPACT ON STATE AND LOCAL GOVERN- TORS.—Section 135 (19 U.S.C. 2155) is forcement of the negotiated commitments MENTS.—A description of the impact the amended— under the trade agreement. trade agreement will have on State and local (A) in subsection (a)(1)(A), by striking (5) CHAIR.—The Congressional Oversight governments as a result of increases in ‘‘section 1102 of the Omnibus Trade and Com- Group shall be chaired by the Chairman of trade. petitiveness Act of 1988’’ and inserting ‘‘sec- the Committee on Ways and Means of the (5) COST ANALYSIS.—An analysis of the tion 2103 of the Bipartisan Trade Promotion House of Representatives and the Chairman costs associated with each of the items listed Authority Act of 2002’’; of the Committee on Finance of the Senate. in paragraphs (1) through (4). (B) in subsection (e)(1)— (b) GUIDELINES.— (b) BUDGET SUBMISSION.—The President (i) by striking ‘‘section 1102 of the Omnibus (1) PURPOSE AND REVISION.—The United shall include a request for the resources nec- Trade and Competitiveness Act of 1988’’ each States Trade Representative, in consultation essary to support the plan described in sub- place it appears and inserting ‘‘section 2103 with the chairmen and ranking minority section (a) in the first budget that the Presi- of the Bipartisan Trade Promotion Author- members of the Committee on Ways and dent submits to the Congress after the sub- ity Act of 2002’’; and Means of the House of Representatives and mission of the plan. (ii) by striking ‘‘section 1103(a)(1)(A) of the Committee on Finance of the Senate— SEC. 2109. COMMITTEE STAFF. such Act of 1988’’ and inserting ‘‘section (A) shall, within 120 days after the date of The grant of trade promotion authority 2105(a)(1)(A) of the Bipartisan Trade Pro- the enactment of this Act, develop written under this title is likely to increase the ac- motion Authority Act of 2002’’; and guidelines to facilitate the useful and timely tivities of the primary committees of juris- (C) in subsection (e)(2), by striking ‘‘sec- exchange of information between the Trade diction in the area of international trade. In tion 1101 of the Omnibus Trade and Competi- Representative and the Congressional Over- addition, the creation of the Congressional tiveness Act of 1988’’ and inserting ‘‘section sight Group established under this section; Oversight Group under section 2107 will in- 2102 of the Bipartisan Trade Promotion Au- and crease the participation of a broader number thority Act of 2002’’. (B) may make such revisions to the guide- of Members of Congress in the formulation of (6) TRANSMISSION OF AGREEMENTS TO CON- lines as may be necessary from time to time. United States trade policy and oversight of GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is (2) CONTENT.—The guidelines developed the international trade agenda for the amended by striking ‘‘or under section 1102 under paragraph (1) shall provide for, among United States. The primary committees of of the Omnibus Trade and Competitiveness other things— jurisdiction should have adequate staff to ac- Act of 1988’’ and inserting ‘‘or under section (A) regular, detailed briefings of the Con- commodate these increases in activities. 2103 of the Bipartisan Trade Promotion Au- gressional Oversight Group regarding negoti- SEC. 2110. CONFORMING AMENDMENTS. thority Act of 2002’’. ating objectives, including the promotion of (a) IN GENERAL.—Title I of the Trade Act of (b) APPLICATION OF CERTAIN PROVISIONS.— certain priorities referred to in section 1974 (19 U.S.C. 2111 et seq.) is amended as fol- For purposes of applying sections 125, 126, 2102(c), and positions and the status of the lows: and 127 of the Trade Act of 1974 (19 U.S.C. applicable negotiations, beginning as soon as (1) IMPLEMENTING BILL.— 2135, 2136(a), and 2137)— practicable after the Congressional Over- (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is (1) any trade agreement entered into under sight Group is convened, with more frequent amended by striking ‘‘section 1103(a)(1) of section 2103 shall be treated as an agreement briefings as trade negotiations enter the the Omnibus Trade and Competitiveness Act entered into under section 101 or 102, as ap- final stage; of 1988, or section 282 of the Uruguay Round propriate, of the Trade Act of 1974 (19 U.S.C. (B) access by members of the Congressional Agreements Act’’ and inserting ‘‘section 282 2111 or 2112); and Oversight Group, and staff with proper secu- of the Uruguay Round Agreements Act, or (2) any proclamation or Executive order rity clearances, to pertinent documents re- section 2105(a)(1) of the Bipartisan Trade issued pursuant to a trade agreement en- lating to the negotiations, including classi- Promotion Authority Act of 2002’’. tered into under section 2103 shall be treated fied materials; (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is as a proclamation or Executive order issued (C) the closest practicable coordination be- amended by striking ‘‘or section 282 of the pursuant to a trade agreement entered into tween the Trade Representative and the Con- Uruguay Round Agreements Act’’ and insert- under section 102 of the Trade Act of 1974. gressional Oversight Group at all critical pe- ing ‘‘, section 282 of the Uruguay Round SEC. 2111. DEFINITIONS. riods during the negotiations, including at Agreements Act, or section 2105(a)(1) of the In this title: negotiation sites; and Bipartisan Trade Promotion Authority Act (1) AGREEMENT ON AGRICULTURE.—The term (D) after the applicable trade agreement is of 2002’’. ‘‘Agreement on Agriculture’’ means the concluded, consultation regarding ongoing (2) ADVICE FROM INTERNATIONAL TRADE COM- agreement referred to in section 101(d)(2) of compliance and enforcement of negotiated MISSION.—Section 131 (19 U.S.C. 2151) is the Uruguay Round Agreements Act (19 commitments under the trade agreement. amended— U.S.C. 3511(d)(2)). (c) REQUEST FOR MEETING.—Upon the re- quest of a majority of the Congressional (A) in subsection (a)— (2) CORE LABOR STANDARDS.—The term Oversight Group, the President shall meet (i) in paragraph (1), by striking ‘‘section ‘‘core labor standards’’ means— with the Congressional Oversight Group be- 123 of this Act or section 1102 (a) or (c) of the (A) the right of association; fore initiating negotiations with respect to a Omnibus Trade and Competitiveness Act of (B) the right to organize and bargain col- trade agreement, or at any other time con- 1988,’’ and inserting ‘‘section 123 of this Act lectively; cerning the negotiations. or section 2103(a) or (b) of the Bipartisan (C) a prohibition on the use of any form of SEC. 2108. ADDITIONAL IMPLEMENTATION AND Trade Promotion Authority Act of 2002,’’; forced or compulsory labor; ENFORCEMENT REQUIREMENTS. and (D) a minimum age for the employment of (a) IN GENERAL.—At the time the President (ii) in paragraph (2), by striking ‘‘section children; and submits to the Congress the final text of an 1102 (b) or (c) of the Omnibus Trade and Com- (E) acceptable conditions of work with re- agreement pursuant to section 2105(a)(1)(C), petitiveness Act of 1988’’ and inserting ‘‘sec- spect to minimum wages, hours of work, and the President shall also submit a plan for tion 2103(b) of the Bipartisan Trade Pro- occupational safety and health. implementing and enforcing the agreement. motion Authority Act of 2002’’; (3) GATT 1994.—The term ‘‘GATT 1994’’ has The implementation and enforcement plan (B) in subsection (b), by striking ‘‘section the meaning given that term in section 2 of shall include the following: 1102(a)(3)(A)’’ and inserting ‘‘section the Uruguay Round Agreements Act (19 (1) BORDER PERSONNEL REQUIREMENTS.—A 2103(a)(3)(A) of the Bipartisan Trade Pro- U.S.C. 3501). description of additional personnel required motion Authority Act of 2002’’; and (4) ILO.—The term ‘‘ILO’’ means the Inter- at border entry points, including a list of ad- (C) in subsection (c), by striking ‘‘section national Labor Organization. ditional customs and agricultural inspectors. 1102 of the Omnibus Trade and Competitive- (5) UNITED STATES PERSON.—The term (2) AGENCY STAFFING REQUIREMENTS.—A de- ness Act of 1988,’’ and inserting ‘‘section 2103 ‘‘United States person’’ means— scription of additional personnel required by of the Bipartisan Trade Promotion Author- (A) a United States citizen; Federal agencies responsible for monitoring ity Act of 2002,’’. (B) a partnership, corporation, or other and implementing the trade agreement, in- (3) HEARINGS AND ADVICE.—Sections 132, legal entity organized under the laws of the cluding personnel required by the Office of 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and United States; and the United States Trade Representative, the 2154(a)) are each amended by striking ‘‘sec- (C) a partnership, corporation, or other Department of Commerce, the Department tion 1102 of the Omnibus Trade and Competi- legal entity that is organized under the laws of Agriculture (including additional per- tiveness Act of 1988,’’ each place it appears of a foreign country and is controlled by en- sonnel required to implement sanitary and and inserting ‘‘section 2103 of the Bipartisan tities described in subparagraph (B) or phytosanitary measures in order to obtain Trade Promotion Authority Act of 2002,’’. United States citizens, or both.

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(6) URUGUAY ROUND AGREEMENTS.—The foreign investors in the economic prospects parel articles sewn or otherwise assembled in term ‘‘Uruguay Round Agreements’’ has the of the region, ensuring that legitimate pri- 1 or more ATPDEA beneficiary countries, or meaning given that term in section 2(7) of vate enterprise can be the engine of eco- the United States, or both, exclusively from the Uruguay Round Agreements Act (19 nomic development and political stability in any one or any combination of the following: U.S.C. 3501(7)). the region. ‘‘(I) Fabrics or fabric components formed, (7) WORLD TRADE ORGANIZATION; WTO.—The (7) Each of the Andean beneficiary coun- or components knit-to-shape, in the United terms ‘‘World Trade Organization’’ and tries is committed to conclude negotiation States, from yarns formed in the United ‘‘WTO’’ mean the organization established of a Free Trade Area of the Americas by the States or 1 or more ATPDEA beneficiary pursuant to the WTO Agreement. year 2005, as a means of enhancing the eco- countries (including fabrics not formed from (8) WTO AGREEMENT.—The term ‘‘WTO nomic security of the region. yarns, if such fabrics are classifiable under Agreement’’ means the Agreement Estab- (8) Temporarily enhancing trade benefits heading 5602 or 5603 of the HTS and are lishing the World Trade Organization en- for Andean beneficiary countries will pro- formed in the United States). Apparel arti- tered into on April 15, 1994. mote the growth of free enterprise and eco- cles shall qualify under this subclause only if (9) WTO MEMBER.—The term ‘‘WTO mem- nomic opportunity in these countries and all dyeing, printing, and finishing of the fab- ber’’ has the meaning given that term in sec- serve the security interests of the United rics from which the articles are assembled, if tion 2(10) of the Uruguay Round Agreements States, the region, and the world. the fabrics are knit fabrics, is carried out in Act (19 U.S.C. 3501(10)). SEC. 3103. ARTICLES ELIGIBLE FOR PREF- the United States. Apparel articles shall (10) OTHER DEFINITIONS.— ERENTIAL TREATMENT. qualify under this subclause only if all dye- (A) AGREEMENT ON SUBSIDIES AND COUNTER- (a) ELIGIBILITY OF CERTAIN ARTICLES.—Sec- ing, printing, and finishing of the fabrics VAILING MEASURES.—The term ‘‘Agreement tion 204 of the Andean Trade Preference Act from which the articles are assembled, if the on Subsidies and Countervailing Measures’’ (19 U.S.C. 3203) is amended— fabrics are woven fabrics, is carried out in means the agreement referred to in section (1) by striking subsection (c) and redesig- the United States. 101(d)(12) of the Uruguay Round Agreements nating subsections (d) through (g) as sub- ‘‘(II) Fabrics or fabric components formed Act (19 U.S.C. 3511(d)(12)). sections (c) through (f), respectively; and or components knit-to-shape, in 1 or more (B) ANTIDUMPING AGREEMENT.—The term (2) by amending subsection (b) to read as ATPDEA beneficiary countries, from yarns ‘‘Antidumping Agreement‘‘ means the Agree- follows: formed in 1 or more ATPDEA beneficiary ment on Implementation of Article VI of the ‘‘(b) EXCEPTIONS AND SPECIAL RULES.— countries, if such fabrics (including fabrics General Agreement on Tariffs and Trade 1994 ‘‘(1) CERTAIN ARTICLES THAT ARE NOT IM- not formed from yarns, if such fabrics are referred to in section 101(d)(7) of the Uruguay PORT-SENSITIVE.—The President may pro- classifiable under heading 5602 or 5603 of the Round Agreements Act (19 U.S.C. 3511(d)(7)). claim duty-free treatment under this title HTS and are formed in 1 or more ATPDEA for any article described in subparagraph DIVISION C—ANDEAN TRADE beneficiary countries) or components are in (A), (B), (C), or (D) that is the growth, prod- PREFERENCE ACT chief weight of llama or alpaca. uct, or manufacture of an ATPDEA bene- ‘‘(III) Fabrics or yarn that is not formed in TITLE XXXI—ANDEAN TRADE ficiary country and that meets the require- the United States or in one or more ATPDEA PREFERENCE ments of this section, if the President deter- beneficiary countries, to the extent that ap- SEC. 3101. SHORT TITLE. mines that such article is not import-sen- parel articles of such fabrics or yarn would This title may be cited as the ‘‘Andean sitive in the context of imports from be eligible for preferential treatment, with- Trade Promotion and Drug Eradication ATPDEA beneficiary countries: out regard to the source of the fabrics or Act’’. ‘‘(A) Footwear not designated at the time yarn, under Annex 401 of the NAFTA. SEC. 3102. FINDINGS. of the effective date of this Act as eligible ‘‘(ii) ADDITIONAL FABRICS.—At the request Congress makes the following findings: for the purpose of the generalized system of of any interested party, the President is au- (1) Since the Andean Trade Preference Act preferences under title V of the Trade Act of thorized to proclaim additional fabrics and was enacted in 1991, it has had a positive im- 1974. yarns as eligible for preferential treatment pact on United States trade with Bolivia, Co- ‘‘(B) Petroleum, or any product derived under clause (i)(III) if— lombia, Ecuador, and Peru. Two-way trade from petroleum, provided for in headings 2709 ‘‘(I) the President determines that such has doubled, with the United States serving and 2710 of the HTS. fabrics or yarns cannot be supplied by the as the leading source of imports and leading ‘‘(C) Watches and watch parts (including domestic industry in commercial quantities export market for each of the Andean bene- cases, bracelets and straps), of whatever type in a timely manner; ficiary countries. This has resulted in in- including, but not limited to, mechanical, ‘‘(II) the President has obtained advice re- creased jobs and expanded export opportuni- quartz digital or quartz analog, if such garding the proposed action from the appro- ties in both the United States and the Ande- watches or watch parts contain any material priate advisory committee established under an region. which is the product of any country with re- section 135 of the Trade Act of 1974 (19 U.S.C. (2) The Andean Trade Preference Act has spect to which HTS column 2 rates of duty 2155) and the United States International been a key element in the United States apply. Trade Commission; counternarcotics strategy in the Andean re- ‘‘(D) Handbags, luggage, flat goods, work ‘‘(III) within 60 days after the request, the gion, promoting export diversification and gloves, and leather wearing apparel that President has submitted a report to the broad-based economic development that pro- were not designated on August 5, 1983, as eli- Committee on Ways and Means of the House vides sustainable economic alternatives to gible articles for purposes of the generalized of Representatives and the Committee on Fi- drug-crop production, strengthening the le- system of preferences under title V of the nance of the Senate that sets forth the ac- gitimate economies of Andean countries and Trade Act of 1974. tion proposed to be proclaimed and the rea- creating viable alternatives to illicit trade ‘‘(2) EXCLUSIONS.—Subject to paragraph (3), sons for such action, and the advice obtained in coca. duty-free treatment under this title may not under subclause (II); (3) Notwithstanding the success of the An- be extended to— ‘‘(IV) a period of 60 calendar days, begin- dean Trade Preference Act, the Andean re- ‘‘(A) textiles and apparel articles which ning with the first day on which the Presi- gion remains threatened by political and were not eligible articles for purposes of this dent has met the requirements of subclause economic instability and fragility, vulner- title on January 1, 1994, as this title was in (III), has expired; and able to the consequences of the drug war and effect on that date; ‘‘(V) the President has consulted with such fierce global competition for its legitimate ‘‘(B) rum and tafia classified in subheading committees regarding the proposed action trade. 2208.40 of the HTS; or during the period referred to in subclause (4) The continuing instability in the Ande- ‘‘(C) sugars, syrups, and sugar-containing (III). an region poses a threat to the security in- products subject to over-quota duty rates ‘‘(iii) APPAREL ARTICLES ASSEMBLED IN 1 OR terests of the United States and the world. under applicable tariff-rate quotas. MORE ATPDEA BENEFICIARY COUNTRIES FROM This problem has been partially addressed ‘‘(3) APPAREL ARTICLES.— REGIONAL FABRICS OR REGIONAL COMPO- through foreign aid, such as Plan Colombia, ‘‘(A) IN GENERAL.—Apparel articles that NENTS.—(I) Subject to the limitation set enacted by Congress in 2000. However, for- are imported directly into the customs terri- forth in subclause (II), apparel articles sewn eign aid alone is not sufficient. Enhance- tory of the United States from an ATPDEA or otherwise assembled in 1 or more ment of legitimate trade with the United beneficiary country shall enter the United ATPDEA beneficiary countries from fabrics States provides an alternative means for re- States free of duty and free of any quan- or from fabric components formed or from viving and stabilizing the economies in the titative restrictions, limitations, or con- components knit-to-shape, in 1 or more Andean region. sultation levels, but only if such articles are ATPDEA beneficiary countries, from yarns (5) The Andean Trade Preference Act con- described in subparagraph (B). formed in the United States or 1 or more stitutes a tangible commitment by the ‘‘(B) COVERED ARTICLES.—The apparel arti- ATPDEA beneficiary countries (including United States to the promotion of pros- cles referred to in subparagraph (A) are the fabrics not formed from yarns, if such fabrics perity, stability, and democracy in the bene- following: are classifiable under heading 5602 or 5603 of ficiary countries. ‘‘(i) APPAREL ARTICLES ASSEMBLED FROM the HTS and are formed in 1 or more (6) Renewal and enhancement of the Ande- PRODUCTS OF THE UNITED STATES AND ATPDEA ATPDEA beneficiary countries), whether or an Trade Preference Act will bolster the con- BENEFICIARY COUNTRIES OR PRODUCTS NOT not the apparel articles are also made from fidence of domestic private enterprise and AVAILABLE IN COMMERCIAL QUANTITIES.—Ap- any of the fabrics, fabric components

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.031 pfrm12 PsN: H26PT1 H4018 CONGRESSIONAL RECORD — HOUSE June 26, 2002 formed, or components knit-to-shape de- then the President shall deny all benefits and requirements under chapter 5 of the scribed in clause (i). under this title to such exporter, and any NAFTA. ‘‘(II) The preferential treatment referred successor of such exporter, for a period of 2 ‘‘(II) COUNTRY DESCRIBED.—A country is de- to in subclause (I) shall be extended in the 1- years. scribed in this subclause if it is an ATPDEA year period beginning December 1, 2001, and ‘‘(ii) PENALTIES FOR COUNTRIES.—Whenever beneficiary country— in each of the 5 succeeding 1-year periods, to the President finds, based on sufficient evi- ‘‘(aa) from which the article is exported; or imports of apparel articles in an amount not dence, that transshipment has occurred, the ‘‘(bb) in which materials used in the pro- to exceed the applicable percentage of the President shall request that the ATPDEA duction of the article originate or in which aggregate square meter equivalents of all ap- beneficiary country or countries through the article or such materials undergo pro- parel articles imported into the United whose territory the transshipment has oc- duction that contributes to a claim that the States in the preceding 12-month period for curred take all necessary and appropriate ac- article is eligible for preferential treatment which data are available. tions to prevent such transshipment. If the under paragraph (1) or (3). ‘‘(III) For purposes of subclause (II), the President determines that a country is not ‘‘(B) CERTIFICATE OF ORIGIN.—The Certifi- term ‘applicable percentage’ means 3 percent taking such actions, the President shall re- cate of Origin that otherwise would be re- for the 1-year period beginning December 1, duce the quantities of apparel articles that quired pursuant to the provisions of subpara- 2001, increased in each of the 5 succeeding 1- may be imported into the United States from graph (A) shall not be required in the case of year periods by equal increments, so that for such country by the quantity of the trans- an article imported under paragraph (1) or (3) the period beginning December 1, 2005, the shipped articles multiplied by 3, to the ex- if such Certificate of Origin would not be re- applicable percentage does not exceed 6 per- tent consistent with the obligations of the quired under Article 503 of the NAFTA (as cent. United States under the WTO. implemented pursuant to United States law), ‘‘(iv) HANDLOOMED, HANDMADE, AND FOLK- ‘‘(iii) TRANSSHIPMENT DESCRIBED.—Trans- if the article were imported from Mexico. LORE ARTICLES.—A handloomed, handmade, shipment within the meaning of this sub- ‘‘(5) DEFINITIONS.—In this subsection— or folklore article of an ATPDEA beneficiary paragraph has occurred when preferential ‘‘(A) ANNEX.—The term ‘the Annex’ means country identified under subparagraph (C) treatment under subparagraph (A) has been Annex 300-B of the NAFTA. that is certified as such by the competent claimed for an apparel article on the basis of ‘‘(B) ATPDEA BENEFICIARY COUNTRY.—The authority of such beneficiary country. material false information concerning the term ‘ATPDEA beneficiary country’ means ‘‘(v) SPECIAL RULES.— country of origin, manufacture, processing, any ‘beneficiary country’, as defined in sec- ‘‘(I) EXCEPTION FOR FINDINGS AND TRIM- or assembly of the article or any of its com- tion 203(a)(1) of this title, which the Presi- MINGS.—An article otherwise eligible for ponents. For purposes of this clause, false in- dent designates as an ATPDEA beneficiary preferential treatment under this paragraph formation is material if disclosure of the country, taking into account the criteria shall not be ineligible for such treatment be- true information would mean or would have contained in subsections (c) and (d) of sec- cause the article contains findings or trim- meant that the article is or was ineligible for tion 203 and other appropriate criteria, in- mings of foreign origin, if such findings and preferential treatment under subparagraph cluding the following: trimmings do not exceed 25 percent of the (A). ‘‘(i) Whether the beneficiary country has cost of the components of the assembled ‘‘(E) BILATERAL EMERGENCY ACTIONS.— demonstrated a commitment to— product. Examples of findings and trimmings ‘‘(i) IN GENERAL.—The President may take ‘‘(I) undertake its obligations under the are sewing thread, hooks and eyes, snaps, bilateral emergency tariff actions of a kind WTO, including those agreements listed in buttons, ‘bow buds’, decorative lace, trim, described in section 4 of the Annex with re- section 101(d) of the Uruguay Round Agree- elastic strips, zippers, including zipper tapes spect to any apparel article imported from ments Act, on or ahead of schedule; and and labels, and other similar products. an ATPDEA beneficiary country if the appli- ‘‘(II) participate in negotiations toward the ‘‘(II) CERTAIN INTERLINING.—(aa) An article cation of tariff treatment under subpara- completion of the FTAA or another free otherwise eligible for preferential treatment graph (A) to such article results in condi- trade agreement. under this paragraph shall not be ineligible tions that would be cause for the taking of ‘‘(ii) The extent to which the country pro- for such treatment because the article con- such actions under such section 4 with re- vides protection of intellectual property tains certain interlinings of foreign origin, if spect to a like article described in the same rights consistent with or greater than the the value of such interlinings (and any find- 8-digit subheading of the HTS that is im- protection afforded under the Agreement on ings and trimmings) does not exceed 25 per- ported from Mexico. Trade-Related Aspects of Intellectual Prop- cent of the cost of the components of the as- ‘‘(ii) RULES RELATING TO BILATERAL EMER- erty Rights described in section 101(d)(15) of sembled article. GENCY ACTION.—For purposes of applying bi- the Uruguay Round Agreements Act. ‘‘(bb) Interlinings eligible for the treat- lateral emergency action under this ‘‘(iii) The extent to which the country pro- ment described in division (aa) include only subparagraph— vides internationally recognized worker a chest type plate, ‘hymo’ piece, or ‘sleeve ‘‘(I) the requirements of paragraph (5) of rights, including— header’, of woven or weft-inserted warp knit section 4 of the Annex (relating to providing ‘‘(I) the right of association; construction and of coarse animal hair or compensation) shall not apply; ‘‘(II) the right to organize and bargain col- man-made filaments. ‘‘(II) the term ‘transition period’ in section lectively; ‘‘(cc) The treatment described in this sub- 4 of the Annex shall mean the period ending ‘‘(III) a prohibition on the use of any form clause shall terminate if the President December 31, 2006; and of forced or compulsory labor; makes a determination that United States ‘‘(III) the requirements to consult specified ‘‘(IV) a minimum age for the employment manufacturers are producing such inter- in section 4 of the Annex shall be treated as of children; and linings in the United States in commercial satisfied if the President requests consulta- ‘‘(V) acceptable conditions of work with re- quantities. tions with the ATPDEA beneficiary country spect to minimum wages, hours of work, and ‘‘(III) DE MINIMIS RULE.—An article that in question and the country does not agree occupational safety and health; would otherwise be ineligible for preferential to consult within the time period specified ‘‘(iv) Whether the country has imple- treatment under this subparagraph because under section 4. mented its commitments to eliminate the the article contains fibers or yarns not whol- ‘‘(4) CUSTOMS PROCEDURES.— worst forms of child labor, as defined in sec- ly formed in the United States or in one or ‘‘(A) IN GENERAL.— tion 507(6) of the Trade Act of 1974. more ATPDEA beneficiary countries shall ‘‘(i) REGULATIONS.—Any importer that ‘‘(v) The extent to which the country has not be ineligible for such treatment if the claims preferential treatment under para- met the counternarcotics certification cri- total weight of all such fibers or yarns is not graph (1) or (3) shall comply with customs teria set forth in section 490 of the Foreign more than 7 percent of the total weight of procedures similar in all material respects to Assistance Act of 1961 (22 U.S.C. 2291j) for eli- the good. the requirements of Article 502(1) of the gibility for United States assistance. ‘‘(C) HANDLOOMED, HANDMADE, AND FOLK- NAFTA as implemented pursuant to United ‘‘(vi) The extent to which the country has LORE ARTICLES.—For purposes of subpara- States law, in accordance with regulations taken steps to become a party to and imple- graph (B)(iv), the President shall consult promulgated by the Secretary of the Treas- ments the Inter-American Convention with representatives of the ATPDEA bene- ury. Against Corruption. ficiary countries concerned for the purpose ‘‘(ii) DETERMINATION.— ‘‘(vii) The extent to which the country— of identifying particular textile and apparel ‘‘(I) IN GENERAL.—In order to qualify for ‘‘(I) applies transparent, nondiscrim- goods that are mutually agreed upon as the preferential treatment under paragraph inatory, and competitive procedures in gov- being handloomed, handmade, or folklore (1) or (3) and for a Certificate of Origin to be ernment procurement equivalent to those goods of a kind described in section 2.3(a), valid with respect to any article for which contained in the Agreement on Government (b), or (c) of the Annex or Appendix 3.1.B.11 such treatment is claimed, there shall be in Procurement described in section 101(d)(17) of the Annex. effect a determination by the President that of the Uruguay Round Agreements Act; and ‘‘(D) PENALTIES FOR TRANSSHIPMENT.— each country described in subclause (II)— ‘‘(II) contributes to efforts in international ‘‘(i) PENALTIES FOR EXPORTERS.—If the ‘‘(aa) has implemented and follows; or fora to develop and implement international President determines, based on sufficient ‘‘(bb) is making substantial progress to- rules in transparency in government pro- evidence, that an exporter has engaged in ward implementing and following, curement. transshipment with respect to apparel arti- procedures and requirements similar in all ‘‘(C) NAFTA.—The term ‘NAFTA’ means cles from an ATPDEA beneficiary country, material respects to the relevant procedures the North American Free Trade Agreement

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entered into between the United States, ‘‘(ii) OTHER APPAREL ARTICLES ASSEMBLED wholly formed and cut, or from components Mexico, and Canada on December 17, 1992. IN ONE OR MORE CBTPA BENEFICIARY COUN- knit-to-shape, in the United States from ‘‘(D) WTO.—The term ‘WTO’ has the mean- TRIES.—Apparel articles sewn or otherwise yarns wholly formed in the United States, ing given that term in section 2 of the Uru- assembled in one or more CBTPA beneficiary (including fabrics not formed from yarns, if guay Round Agreements Act (19 U.S.C. 3501). countries with thread formed in the United such fabrics are classifiable under heading ‘‘(E) ATPDEA.—The term ‘ATPDEA’ States from fabrics wholly formed in the 5602 or 5603 of the HTS and are wholly formed means the Andean Trade Promotion and United States and cut in one or more CBTPA and cut in the United States) that are—’’. Drug Eradication Act.’’. beneficiary countries from yarns wholly (2) Paragraph (2) is amended to read as fol- (b) DETERMINATION REGARDING RETENTION formed in the United States, or from compo- lows: OF DESIGNATION.—Section 203(e)(1) of the An- nents knit-to-shape in the United States ‘‘(2) OTHER APPAREL ARTICLES ASSEMBLED from yarns wholly formed in the United dean Trade Preference Act (19 U.S.C. IN ONE OR MORE BENEFICIARY SUB-SAHARAN AF- States, or both (including fabrics not formed 3202(e)(1)) is amended— RICAN COUNTRIES.—Apparel articles sewn or from yarns, if such fabrics are classifiable (1) by redesignating subparagraphs (A) and otherwise assembled in one or more bene- under heading 5602 or 5603 of the HTS and are (B) as clauses (i) and (ii), respectively; ficiary sub-Saharan African countries with wholly formed in the United States). Apparel (2) by inserting ‘‘(A)’’ after ‘‘(1)’’; and thread formed in the United States from fab- articles shall qualify under the preceding (3) by adding at the end the following: rics wholly formed in the United States and ‘‘(B) The President may, after the require- sentence only if all dyeing, printing, and fin- cut in one or more beneficiary sub-Saharan ments of paragraph (2) have been met— ishing of the fabrics from which the articles African countries from yarns wholly formed ‘‘(i) withdraw or suspend the designation of are assembled, if the fabrics are knit fabrics, in the United States, or from components any country as an ATPDEA beneficiary is carried out in the United States. Apparel knit-to-shape in the United States from country, or articles shall qualify under the first sentence yarns wholly formed in the United States, or ‘‘(ii) withdraw, suspend, or limit the appli- of this clause only if all dyeing, printing, and both (including fabrics not formed from cation of preferential treatment under sec- finishing of the fabrics from which the arti- yarns, if such fabrics are classifiable under tion 204(b)(1) or (3) to any article of any cles are assembled, if the fabrics are woven country, fabrics, is carried out in the United States.’’. heading 5602 or 5603 of the HTS and are whol- ly formed in the United States).’’. if, after such designation, the President de- (3) Clause (iii)(II) is amended to read as fol- lows: (3) Paragraph (3) is amended— termines that, as a result of changed cir- (A) by amending the matter preceding sub- cumstances, the performance of such coun- ‘‘(II) The amount referred to in subclause (I) is as follows: paragraph (A) to read as follows: try is not satisfactory under the criteria set ‘‘(aa) 290,000,000 square meter equivalents ‘‘(3) APPAREL ARTICLES FROM REGIONAL FAB- forth in section 204(b)(5)(B).’’. during the 1-year period beginning on Octo- RIC OR YARNS.—Apparel articles wholly as- (c) CONFORMING AMENDMENTS.—(1) Section sembled in one or more beneficiary sub-Sa- 202 of the Andean Trade Preference Act (19 ber 1, 2001. ‘‘(bb) 500,000,000 square meter equivalents haran African countries from fabric wholly U.S.C. 3201) is amended by inserting ‘‘(or during the 1-year period beginning on Octo- formed in one or more beneficiary sub-Saha- other preferential treatment)’’ after ‘‘treat- ber 1, 2002. ran African countries from yarns originating ment’’. (2) Section 204(a) of the Andean Trade Pref- ‘‘(cc) 850,000,000 square meter equivalents either in the United States or one or more during the 1-year period beginning on Octo- erence Act (19 U.S.C. 3203(a)) is amended— beneficiary sub-Saharan African countries ber 1, 2003. (A) in paragraph (1), by inserting ‘‘(or oth- (including fabrics not formed from yarns, if ‘‘(dd) 970,000,000 square meter equivalents erwise provided for)’’ after ‘‘eligibility’’; and such fabrics are classified under heading 5602 in each succeeding 1-year period through (B) in paragraph (2), by striking ‘‘sub- or 5603 of the HTS and are wholly formed in September 30, 2008.’’. section (a)’’ and inserting ‘‘paragraph (1)’’. one or more beneficiary sub-Saharan African (4) Clause (iii)(IV) is amended to read as countries), or from components knit-to- SEC. 3104. TERMINATION OF PREFERENTIAL follows: TREATMENT. shape in one or more beneficiary sub-Saha- ‘‘(IV) The amount referred to in subclause Section 208 of the Andean Trade Preference ran African countries from yarns originating (III) is as follows: Act (19 U.S.C. 3206) is amended to read as fol- either in the United States or one or more ‘‘(aa) 4,872,000 dozen during the 1-year pe- lows: beneficiary sub-Saharan African countries, riod beginning on October 1, 2001. or apparel articles wholly formed on seam- ‘‘SEC. 208. TERMINATION OF PREFERENTIAL ‘‘(bb) 9,000,000 dozen during the 1-year pe- less knitting machines in a beneficiary sub- TREATMENT. riod beginning on October 1, 2002. ‘‘No duty-free treatment or other pref- Saharan African country from yarns origi- ‘‘(cc) 10,000,000 dozen during the 1-year pe- nating either in the United States or one or erential treatment extended to beneficiary riod beginning on October 1, 2003. countries under this title shall remain in ef- more beneficiary sub-Saharan African coun- ‘‘(dd) 12,000,000 dozen in each succeeding 1- tries, subject to the following:’’; fect after December 31, 2006.’’. year period through September 30, 2008.’’. SEC. 3105. TRADE BENEFITS UNDER THE CARIB- (B) in subparagraph (A)(ii)— (5) Section 213(b)(2)(A) of such Act is fur- (i) by striking ‘‘1.5’’ and inserting ‘‘3’’; and BEAN BASIN ECONOMIC RECOVERY ther amended by adding at the end the fol- ACT. (ii) by striking ‘‘3.5’’ and inserting ‘‘7’’; and lowing new clause: Section 213(b)(2)(A) of the Carribean Basin (C) by amending subparagraph (B) to read ‘‘(ix) APPAREL ARTICLES ASSEMBLED IN ONE Economic Recovery Act (19 U.S.C. as follows: OR MORE CBTPA BENEFICIARY COUNTRIES FROM 2703(b)(2)(A)) is amended as follows: ‘‘(B) SPECIAL RULES FOR LESSER DEVELOPED UNITED STATES AND CBTPA BENEFICIARY COUN- (1) Clause (i) is amended— COUNTRIES.— TRY COMPONENTS.—Apparel articles sewn or (A) by striking the matter preceding sub- ‘‘(i) IN GENERAL.—Subject to subparagraph otherwise assembled in one or more CBTPA clause (I) and inserting the following: (A), preferential treatment under this para- beneficiary countries with thread formed in ‘‘(i) APPAREL ARTICLES ASSEMBLED IN ONE graph shall be extended through September the United States from components cut in OR MORE CBTPA BENEFICIARY COUNTRIES.—Ap- 30, 2004, for apparel articles wholly assem- the United States and in one or more CBTPA parel articles sewn or otherwise assembled in bled, or knit-to-shape and wholly assembled, beneficiary countries from fabric wholly one or more CBTPA beneficiary countries or both, in one or more lesser developed ben- formed in the United States from yarns from fabrics wholly formed and cut, or from eficiary sub-Saharan African countries re- wholly formed in the United States, or from components knit-to-shape, in the United gardless of the country of origin of the fabric components knit-to-shape in the United States from yarns wholly formed in the or the yarn used to make such articles. States and one or more CBTPA beneficiary United States, (including fabrics not formed ‘‘(ii) LESSER DEVELOPED BENEFICIARY SUB- countries from yarns wholly formed in the from yarns, if such fabrics are classifiable SAHARAN AFRICAN COUNTRY.—For purposes of United States, or both (including fabrics not under heading 5602 or 5603 of the HTS and are clause (i), the term ‘lesser developed bene- formed from yarns, if such fabrics are classi- wholly formed and cut in the United States) ficiary sub-Saharan African country’ fiable under heading 5602 or 5603 of the that are—’’; and HTS).’’. means— (B) by adding at the end the following: ‘‘(I) a beneficiary sub-Saharan African SEC. 3106. TRADE BENEFITS UNDER THE AFRI- ‘‘Apparel articles shall qualify under the pre- CAN GROWTH AND OPPORTUNITY country that had a per capita gross national ceding sentence only if all dyeing, printing, ACT. product of less than $1,500 in 1998, as meas- and finishing of the fabrics from which the Section 112(b) of the African Growth and ured by the International Bank for Recon- articles are assembled, if the fabrics are knit Opportunity Act (19 U.S.C. 3721(b)) is amend- struction and Development; fabrics, is carried out in the United States. ed as follows: ‘‘(II) Botswana; and Apparel articles shall qualify under the first (1) Paragraph (1) is amended by amending ‘‘(III) Namibia.’’. sentence of this clause only if all dyeing, the matter preceding subparagraph (A) to (4) Paragraph (4)(B) is amended by striking printing, and finishing of the fabrics from read as follows: ‘‘18.5’’ and inserting ‘‘21.5’’. which the articles are assembled, if the fab- ‘‘(1) APPAREL ARTICLES ASSEMBLED IN ONE (5) Section 112(b) of such Act is further rics are woven fabrics, is carried out in the OR MORE BENEFICIARY SUB-SAHARAN AFRICAN amended by adding at the end the following United States.’’. COUNTRIES.—Apparel articles sewn or other- new paragraph: (2) Clause (ii) is amended to read as fol- wise assembled in one or more beneficiary ‘‘(7) APPAREL ARTICLES ASSEMBLED IN ONE lows: sub-Saharan African countries from fabrics OR MORE BENEFICIARY SUB-SAHARAN AFRICAN

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.031 pfrm12 PsN: H26PT1 H4020 CONGRESSIONAL RECORD — HOUSE June 26, 2002 COUNTRIES FROM UNITED STATES AND BENE- (2) amounts equivalent to amounts recov- Messrs. DREIER, LINDER and HASTINGS FICIARY SUB-SAHARAN AFRICAN COUNTRY COM- ered by the United States pursuant to the of Florida. PONENTS.—Apparel articles sewn or other- settlement of disputes pursuant to pro- There was no objection. wise assembled in one or more beneficiary ceedings under the auspices of the World sub-Saharan African countries with thread Trade Organization. f formed in the United States from compo- Amounts appropriated to the fund are au- nents cut in the United States and one or thorized to remain available until expended. ANNOUNCEMENT BY THE SPEAKER more beneficiary sub-Saharan African coun- (c) MANAGEMENT OF FUND.—Sections 9601 PRO TEMPORE tries from fabric wholly formed in the United and 9602(b) of the Internal Revenue Code of The SPEAKER pro tempore. Pursu- States from yarns wholly formed in the 1986 shall apply to the fund established under ant to clause 8 of rule XX, the Chair United States, or from components knit-to- subsection (a) to the same extent as such shape in the United States and one or more provisions apply to trust funds established will now resume proceedings on post- beneficiary sub-Saharan African countries under subchapter A of chapter 98 of such poned questions in the following order: from yarns wholly formed in the United Code. H.R. 3764, by the yeas and nays; and States, or both (including fabrics not formed SEC. 4103. PAYMENT OF DUTIES AND FEES. H.R. 3180, by the yeas and nays. from yarns, if such fabrics are classifiable Section 505(a) of the Tariff Act of 1930 (19 Without objection, the Chair will re- under heading 5602 or 5603 of the HTS).’’. U.S.C. 1505(a)) is amended— duce to 5 minutes the time for each DIVISION D—EXTENSION OF CERTAIN (1) in the first sentence— electronic vote in this series. PREFERENTIAL TRADE TREATMENT (A) by striking ‘‘Unless the merchandise’’ There was no objection. AND OTHER PROVISIONS and inserting ‘‘Unless the entry of merchan- The SPEAKER pro tempore. The dise is covered by an import activity sum- SEC. 4101. EXTENSION OF GENERALIZED SYSTEM votes on H. Con. Res. 424 and H.R. 3034 OF PREFERENCES. mary statement, or the merchandise’’; and (a) EXTENSION OF DUTY-FREE TREATMENT (B) by inserting after ‘‘by regulation’’ the will be postponed until tomorrow. UNDER SYSTEM.—Section 505 of the Trade following: ‘‘(but not to exceed 10 working f Act of 1974 (19 U.S.C. 2465(a)) is amended by days after entry or release, whichever occurs striking ‘‘September 30, 2001’’ and inserting first)’’; and SECURITIES AND EXCHANGE COM- ‘‘December 31, 2002’’. (2) by striking the second and third sen- MISSION AUTHORIZATION ACT (b) RETROACTIVE APPLICATION FOR CERTAIN tences and inserting the following: ‘‘If an im- OF 2002 LIQUIDATIONS AND RELIQUIDATIONS.— port activity summary statement is filed, (1) IN GENERAL.—Notwithstanding section the importer or record shall deposit esti- The SPEAKER pro tempore. The un- 514 of the Tariff Act of 1930 or any other pro- mated duties and fees for entries of merchan- finished business is the question of sus- vision of law, and subject to paragraph (2), dise covered by the import activity summary pending the rules and passing the bill, the entry— statement no later than the 15th day of the H.R. 3764, as amended. (A) of any article to which duty-free treat- month following the month in which the The Clerk read the title of the bill. ment under title V of the Trade Act of 1974 merchandise is entered or released, which- would have applied if the entry had been ever occurs first.’’. The SPEAKER pro tempore. The question is on the motion offered by made on September 30, 2001, APPOINTMENT OF CONFEREES the gentleman from Ohio (Mr. OXLEY) (B) that was made after September 30, 2001, The SPEAKER pro tempore. Without that the House suspend the rules and and before the date of the enactment of this objection, the Chair appoints the fol- Act, and pass the bill, H.R. 3764, as amended, on lowing conferees: (C) to which duty-free treatment under which the yeas and nays are ordered. title V of that Act did not apply, From the Committee on Ways and Means, for consideration of the House This will be a 5-minute vote. shall be liquidated or reliquidated as free of The vote was taken by electronic de- duty, and the Secretary of the Treasury amendment and the Senate amend- ment, and modifications committed to vice, and there were—yeas 422, nays 4, shall refund any duty paid with respect to not voting 8, as follows: such entry. As used in this subsection, the conference: term ‘‘entry’’ includes a withdrawal from Messrs. THOMAS, CRANE and RANGEL. [Roll No. 265] warehouse for consumption. From the Committee on Education YEAS—422 (2) REQUESTS.—Liquidation or reliquida- and the Workforce, for consideration of Abercrombie Brown (FL) Davis, Jo Ann tion may be made under paragraph (1) with section 603 of the Senate amendment, Ackerman Brown (OH) Davis, Tom respect to an entry only if a request therefor and modifications committed to con- Aderholt Brown (SC) Deal Akin Bryant DeFazio is filed with the Customs Service, within 180 ference: days after the date of the enactment of this Allen Burr DeGette Act, that contains sufficient information to Messrs. BOEHNER, SAM JOHNSON of Andrews Burton Delahunt Texas and GEORGE MILLER of Cali- Armey Buyer DeLauro enable the Customs Service— Baca Callahan DeLay (A) to locate the entry; or fornia. Bachus Calvert DeMint (B) to reconstruct the entry if it cannot be From the Committee on Energy and Baird Camp Deutsch located. Commerce, for consideration of section Baker Cannon Diaz-Balart SEC. 4102. FUND FOR WTO DISPUTE SETTLE- 603 of the Senate amendment, and Baldacci Cantor Dicks MENTS. Baldwin Capito Dingell modifications committed to con- Ballenger Capps Doggett (a) ESTABLISHMENT OF FUND.—There is es- ference: Barcia Capuano Dooley tablished in the Treasury a fund for the pay- Messrs. TAUZIN, BILIRAKIS and DIN- Barr Cardin Doolittle ment of settlements under this section. GELL. Barrett Carson (IN) Doyle (b) AUTHORITY OF USTR TO PAY SETTLE- Bartlett Carson (OK) Dreier MENTS.—Amounts in the fund established From the Committee on Government Barton Castle Duncan under subsection (a) shall be available, as Reform, for consideration of section 344 Bass Chabot Dunn provided in appropriations Acts, only for the of the House amendment and section Becerra Chambliss Edwards payment by the United States Trade Rep- 1143 of the Senate amendment, and Bentsen Clay Ehlers resentative of the amount of the total or Bereuter Clayton Ehrlich modifications committed to con- Berkley Clement Emerson partial settlement of any dispute pursuant ference: Berman Clyburn Engel to proceedings under the auspices of the Messrs. BURTON of Indiana, BARR of Berry Coble English World Trade Organization, if— Biggert Collins Eshoo Georgia and WAXMAN. (1) in the case of a total or partial settle- Bilirakis Combest Etheridge ment in an amount of not more than From the Committee on the Judici- Bishop Condit Evans $10,000,000, the Trade Representative certifies ary, for consideration of sections 111, Blagojevich Cooksey Everett to the Secretary of the Treasury that the 601, and 701 of the Senate amendment, Blumenauer Costello Farr Blunt Cox Fattah settlement is in the best interests of the and modifications committed to con- Boehlert Coyne Ferguson United States; and ference: Boehner Cramer Filner (2) in the case of a total or partial settle- Messrs. SENSENBRENNER, COBLE and Bonilla Crane Fletcher ment in an amount of more than $10,000,000, CONYERS. Bonior Crenshaw Foley the Trade Representative certifies to the Bono Crowley Forbes From the Committee on Rules, for Boozman Cubin Ford Congress that the settlement is in the best consideration of sections 2103, 2105, and interests of the United States. Borski Culberson Fossella Boswell Cummings Frank (c) APPROPRIATIONS.—There are authorized 2106 of the House amendment and sec- tions 2103, 2105, and 2106 of the Senate Boucher Cunningham Frelinghuysen to be appropriated to the fund established Boyd Davis (CA) Frost under subsection (a)— amendment, and modifications com- Brady (PA) Davis (FL) Gallegly (1) $50,000,000; and mitted to conference: Brady (TX) Davis (IL) Ganske

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.031 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4021 Gekas Lewis (KY) Rohrabacher NAYS—4 Green (TX) Markey Ryan (WI) Gephardt Linder Ros-Lehtinen Green (WI) Mascara Ryun (KS) Conyers Paul Gibbons Lipinski Ross Greenwood Matheson Sabo Flake Souder Gilchrest LoBiondo Rothman Grucci Matsui Sanchez Gillmor Lofgren Roybal-Allard NOT VOTING—8 Gutierrez McCarthy (MO) Sanders Gilman Lowey Royce Gutknecht McCarthy (NY) Sandlin Peterson (PA) Simmons Traficant Gonzalez Lucas (KY) Rush Hall (OH) McCollum Sawyer Roukema Smith (MI) Waxman Goode Lucas (OK) Ryan (WI) Hall (TX) McCrery Saxton Shays Tierney Goodlatte Luther Ryun (KS) Hansen McDermott Schaffer Sabo Harman McGovern Schakowsky Gordon Lynch b 1707 Goss Maloney (CT) Sanchez Hart McHugh Schiff Graham Maloney (NY) Sanders So (two-thirds having voted in favor Hastings (FL) McInnis Schrock Sandlin Scott Granger Manzullo thereof) the rules were suspended and Hastings (WA) McIntyre Graves Markey Sawyer Hayes McKeon Serrano Green (TX) Mascara Saxton the bill, as amended, was passed. Hayworth McKinney Sessions Schaffer Green (WI) Matheson The result of the vote was announced Hefley McNulty Shadegg Schakowsky Shaw Greenwood Matsui Hill Meehan Schiff as above recorded. Shays Grucci McCarthy (MO) Hilleary Meek (FL) Schrock A motion to reconsider was laid on Hilliard Meeks (NY) Sherman Gutierrez McCarthy (NY) Scott Hinchey Menendez Sherwood Gutknecht McCollum the table. Sensenbrenner Hinojosa Mica Shimkus Hall (OH) McCrery Serrano f Hobson Millender- Shows Hall (TX) McDermott Sessions Hoeffel McDonald Shuster Hansen McGovern Shadegg NEW HAMPSHIRE-VERMONT Hoekstra Miller, Dan Simmons Harman McHugh Shaw INTERSTATE SCHOOL COMPACT Holden Miller, Gary Simpson Hart McInnis Sherman CONSENT ACT Holt Miller, George Skeen Hastings (FL) McIntyre Sherwood Honda Miller, Jeff Skelton Hastings (WA) McKeon Shimkus The SPEAKER pro tempore (Mr. Hooley Mink Slaughter Hayes McKinney Shows LAHOOD). The unfinished business is Horn Mollohan Smith (NJ) Hayworth McNulty Shuster Hostettler Moore Smith (TX) Hefley Meehan Simpson the question of suspending the rules Houghton Moran (KS) Smith (WA) Herger Meek (FL) Skeen and passing the bill, H.R. 3180. Hoyer Moran (VA) Snyder Hill Meeks (NY) Skelton The Clerk read the title of the bill. Hulshof Morella Solis Hilleary Menendez Slaughter The SPEAKER pro tempore. The Hunter Murtha Souder Hilliard Mica Smith (NJ) Hyde Myrick Spratt Hinchey Millender- Smith (TX) question is on the motion offered by Inslee Nadler Stark Hinojosa McDonald Smith (WA) the gentleman from Wisconsin (Mr. Isakson Napolitano Stearns Hobson Miller, Dan Snyder SENSENBRENNER) that the House sus- Israel Neal Stenholm Hoeffel Miller, Gary Solis Issa Nethercutt Strickland Hoekstra Miller, George Spratt pend the rules and pass the bill, H.R. Jackson (IL) Ney Stump Holden Miller, Jeff Stark 3180, on which the yeas and nays are or- Jackson-Lee Northup Stupak Holt Mink Stearns dered. (TX) Norwood Sullivan Honda Mollohan Stenholm This is a 5-minute vote. Jefferson Nussle Sununu Hooley Moore Strickland Jenkins Oberstar Sweeney Horn Moran (KS) Stump The vote was taken by electronic de- John Obey Tancredo Hostettler Moran (VA) Stupak vice, and there were—yeas 425, nays 0, Johnson (CT) Olver Tanner Houghton Morella Sullivan not voting 9, as follows: Johnson (IL) Ortiz Tauscher Hoyer Murtha Sununu Johnson, E. B. Osborne Tauzin Hulshof Myrick Sweeney [Roll No. 266] Johnson, Sam Ose Taylor (MS) Hunter Nadler Tancredo YEAS—425 Jones (NC) Otter Taylor (NC) Hyde Napolitano Tanner Jones (OH) Owens Terry Inslee Neal Tauscher Abercrombie Burton Deutsch Kanjorski Oxley Thomas Isakson Nethercutt Tauzin Ackerman Buyer Diaz-Balart Kaptur Pallone Thompson (CA) Israel Ney Taylor (MS) Aderholt Callahan Dicks Keller Pascrell Thompson (MS) Issa Northup Taylor (NC) Akin Calvert Dingell Kelly Pastor Thornberry Istook Norwood Terry Allen Camp Doggett Kennedy (MN) Paul Thune Jackson (IL) Nussle Thomas Andrews Cannon Dooley Kennedy (RI) Payne Thurman Jackson-Lee Oberstar Thompson (CA) Armey Cantor Doolittle Kerns Pelosi Tiahrt (TX) Obey Thompson (MS) Baca Capito Doyle Kildee Pence Tiberi Bachus Capps Dreier Jefferson Olver Thornberry Kilpatrick Peterson (MN) Tierney Baird Capuano Duncan Jenkins Ortiz Thune Kind (WI) Peterson (PA) Toomey Baker Cardin Dunn John Osborne Thurman King (NY) Petri Towns Baldacci Carson (IN) Edwards Johnson (CT) Ose Tiahrt Kingston Phelps Turner Baldwin Carson (OK) Ehlers Johnson (IL) Otter Tiberi Kirk Pickering Udall (CO) Ballenger Castle Ehrlich Johnson, E. B. Owens Toomey Kleczka Pitts Udall (NM) Barcia Chabot Emerson Johnson, Sam Oxley Towns Knollenberg Platts Upton Barr Chambliss Engel Jones (NC) Pallone Turner Kolbe Pombo Velazquez Barrett Clay English Jones (OH) Pascrell Udall (CO) Kucinich Pomeroy Visclosky Bartlett Clayton Eshoo Kanjorski Pastor Udall (NM) LaFalce Portman Vitter Barton Clement Etheridge Kaptur Payne Upton LaHood Price (NC) Walden Velazquez Bass Clyburn Everett Langevin Pryce (OH) Walsh Keller Pelosi Becerra Coble Farr Kelly Pence Visclosky Lantos Putnam Wamp Vitter Bentsen Collins Fattah Larsen (WA) Quinn Waters Kennedy (MN) Peterson (MN) Bereuter Combest Ferguson Kennedy (RI) Petri Walden Larson (CT) Radanovich Watkins (OK) Walsh Berkley Condit Filner Latham Rahall Watson (CA) Kerns Phelps Berman Conyers Flake Kildee Pickering Wamp LaTourette Ramstad Watt (NC) Waters Berry Cooksey Fletcher Leach Rangel Watts (OK) Kilpatrick Pitts Biggert Costello Foley Kind (WI) Platts Watkins (OK) Lee Regula Weiner Watson (CA) Bilirakis Cox Forbes King (NY) Pombo Levin Rehberg Weldon (FL) Watt (NC) Bishop Coyne Ford Weldon (PA) Kingston Pomeroy Lewis (CA) Reyes Watts (OK) Blagojevich Cramer Fossella Weller Kirk Portman Lewis (GA) Reynolds Weiner Blumenauer Crane Frank Wexler Kleczka Price (NC) Lewis (KY) Riley Weldon (FL) Blunt Crenshaw Frelinghuysen Whitfield Knollenberg Pryce (OH) Linder Rivers Weldon (PA) Boehlert Crowley Frost Lipinski Rodriguez Wicker Kolbe Putnam Weller Boehner Cubin Gallegly LoBiondo Roemer Wilson (NM) Kucinich Quinn Wexler Bonilla Culberson Ganske Lofgren Rogers (KY) Wilson (SC) LaFalce Radanovich Whitfield Bonior Cummings Gekas Lowey Rogers (MI) Wolf LaHood Rahall Wicker Bono Cunningham Gephardt Lucas (KY) Rohrabacher Woolsey Lampson Ramstad Wilson (NM) Boozman Davis (CA) Gibbons Lucas (OK) Ros-Lehtinen Wu Langevin Rangel Wilson (SC) Borski Davis (FL) Gilchrest Luther Ross Wynn Lantos Regula Wolf Boswell Davis (IL) Gillmor Lynch Rothman Young (AK) Larsen (WA) Rehberg Woolsey Boucher Davis, Jo Ann Gilman Maloney (CT) Roybal-Allard Young (FL) Larson (CT) Reyes Wu Boyd Davis, Tom Gonzalez Maloney (NY) Royce Latham Reynolds Wynn Brady (PA) Deal Goode Manzullo Rush LaTourette Riley Young (AK) Brady (TX) DeFazio Goodlatte Leach Rivers Young (FL) Brown (FL) DeGette Gordon NOT VOTING—9 Lee Rodriguez Brown (OH) Delahunt Goss Levin Roemer Brown (SC) DeLauro Graham Evans Lampson Smith (MI) Lewis (CA) Rogers (KY) Bryant DeLay Granger Herger Roukema Traficant Lewis (GA) Rogers (MI) Burr DeMint Graves Istook Sensenbrenner Waxman

VerDate 11-MAY-2000 02:03 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.028 pfrm12 PsN: H26PT1 H4022 CONGRESSIONAL RECORD — HOUSE June 26, 2002 b 1717 that they did their jobs before, but duty. We all know the trauma and the So (two-thirds having voted in favor since September they have had, I tragedy of that situation. So we know thereof) the rules were suspended and think, an unusual situation here in the at any point in time lives can be lost. the bill was passed. Nation’s Capitol. We know across this Nation with law The result of the vote was announced We have all been forced to look at enforcement and firefighters, people in- as above recorded. the security and life safety issue with volved in safety services, of the sac- A motion to reconsider was laid on new eyes. Our United States Capitol rifice that they make every day when the table. Police are the frontline of that effort. they make a call and they are not sure They are doing an outstanding job of whether they will return home. So we f ensuring the safety of every person at are here to ensure that the Capitol Hill ANNOUNCEMENT OF INTENTION TO the Capitol. Police Force has the resources they OFFER MOTION TO INSTRUCT It is for this reason that we must act need to continue to be the very best in CONFEREES ON H.R. 3295, HELP today to pass this legislation which enforcement. AMERICA VOTE ACT OF 2001 will give the Capitol Police the re- I also want to close by saying some- sources they need to remain fully thing about our Committee on House Mr. LANGEVIN. Mr. Speaker, pursu- equipped to handle the security and life Administration and about the Capitol ant to clause 7(c) of rule XXII, I hereby safety challenges they may encounter. Police Force. I want to thank the gen- announce my intention to offer a mo- Our Capitol Police officers have re- tleman from Maryland (Mr. HOYER), tion to instruct conferees on H.R. 3295 sponded in a tremendous way, in an un- the ranking member, and all of the tomorrow. believable fashion to the demand members of that committee. Since 9– The form of the motion is as follows: placed upon them as a result of our 11, a lot of difficult decisions have had I move that the managers on the part of heightened security posture. But this to be made, and I can tell my col- the House at the conference on the dis- recognition mandates that we respond leagues that the members of the com- agreeing votes of the two Houses on the Sen- ate amendments to the bill H.R. 3295 be in- by authorizing an increase in their an- mittee on both sides of the aisle co- structed to recede from disagreement with nual rate of basic compensation, as operated at 150 percent capability to the provisions contained in subparagraphs well as authorizing an increase in the allow us to continue to make sure that (A) and (B) of section 101(a)(3) of the Senate number of full-time positions for the this floor operates as the bastion of amendment to the House bill (relating to the force. This legislation achieves that freedom for the world. accessibility of voting systems for individ- end. I also want to tell my colleagues, and uals with disabilities). Further, we need to recognize not I actually said this to somebody last f only the hard work and hundreds of night about the gentleman from Mary- hours of overtime that the officers land (Mr. HOYER), and that is in not CAPITOL POLICE RETENTION, RE- have already been called to work, but one single case or not one single inci- CRUITMENT, AND AUTHORIZA- also the sacrifices they and their fami- dent did he ever inject one ounce of TION ACT OF 2002 lies are making as a result of this in- politics. These are difficult decisions Mr. NEY. Mr. Speaker, I ask unani- creased demand upon them. Therefore, where somebody could have tinkered mous consent that the Committee on we are authorizing changes to the Cap- and toiled with them or done whatever House Administration be discharged itol Police pay regulations to allow for they wanted to do. That never hap- from further consideration of the bill the eligibility of and payment for more pened. We had a perfect cooperative re- (H.R. 5018) to direct the Capitol Police premium pay retroactive to September lationship to do what was best for the Board to take steps to promote the re- 11, 2001, the day in which their lives safety and security of Members and tention of current officers and mem- and their workforce and their work sit- visitors and, I may add, the thousands bers of the Capitol Police and the re- uation changed forever. of visitors that come here to Wash- cruitment of new officers and members Additionally, we recognize that since ington to visit the people’s House. I of the Capitol Police, and for other pur- September 11 of last year, there are want to thank the gentleman from poses, and ask for its immediate con- many new attractive opportunities for Maryland (Mr. HOYER) publicly for an sideration in the House. individuals who have law enforcement absolutely tremendous job since 9–11, The Clerk read the title of the bill. experience or who are interested in law and the countless hours of the minor- The SPEAKER pro tempore (Mr. enforcement careers. Because we be- ity and majority staff who have poured LAHOOD). Is there objection to the re- lieve that a career with the United in hours to make sure this happened. quest of the gentleman from Ohio? States Capitol Police Force provides an I also want to thank the gentleman Mr. HOYER. Mr. Speaker, reserving individual with an opportunity to be a from Maryland (Mr. HOYER) and mem- the right to object, and I do not intend part of the very best an organization bers of this committee for cooperating to object, but under my reservation I can offer, this legislation contains cer- on this resolution and for bringing the yield to the gentleman from Ohio (Mr. tain incentives to both recruit new of- idea to me, as the gentleman from NEY), the distinguished chairman of ficers to the force and also help retain Maryland did, and for making this the Committee on House Administra- veteran officers who may be looking work for what is best, and that is the tion. for additional opportunities. These in- people’s House. Mr. NEY. Mr. Speaker, I thank the centives are not only financial in na- In closing, let me just also say that gentleman for yielding. ture, but are also designed to promote we all are concerned about future gen- Mr. Speaker, this is an important the quality of life for officers, both on erations in this country. That is why resolution, and I want to make sure the job and at home with their fami- we are here. We may disagree on this that everybody understands and hears lies. floor over certain issues in how we get every word of this. I call tonight upon every Member of down that path, but we are all con- It is an honor for me to be here today this House to enthusiastically support cerned about what happens to the fu- to introduce with the gentleman from this legislation today and to send a ture generations in this country. I Maryland (Mr. HOYER) the Capitol Po- message to the hard-working officers of think that every single Capitol Hill po- lice Retention, Recruitment, and Au- our Capitol Police Force and, addition- lice officer, every morning when they thorization Act of 2002. The men and ally, to those who may be considering get up, they look in the mirror, wheth- women of the United States Capitol a career with the Capitol Police Force er it is to hopefully brush their hair or Police Force have responded in a most that we are behind you all the way. comb their hair, or brush their teeth, I professional and exceptional manner More than that, we are deeply appre- should say; when they look in that since the attacks on our country last ciative of the service and sacrifice mirror, what they see is a face of the September. Let me point out that they made by all persons who make up the human being that is morally respon- did their jobs before that, but the at- United States Capitol Police Force. sible for whether this planet is going to tacks in September obviously put tre- We all know of our two officers who, be safe, prosperous, and peaceful for fu- mendous constraints and really tested unfortunately, just within the last cou- ture generations. They see themselves. the system; so I just want to point out ple of years, were killed in the line of They have accepted that challenge to

VerDate 11-MAY-2000 02:20 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.102 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4023 be morally responsible, to make this a This is more than double the number officers and employees who recruit oth- better place. They have accepted that lost on average to other law enforce- ers to join the force, potentially turn- challenge to protect this House and ment agencies during the last 3 years. ing the entire agency into active re- this Capitol to make sure that we can If this rate continues, the Capitol Po- cruiters. engage in the energetic give-and-take lice will, by fiscal year’s end, have lost Finally, Mr. Speaker, as important of public debate that makes this the 122 officers to other agencies; 242 per- as these tangible benefits are, we rec- greatest country and, hopefully, makes cent over the 3-year average. This does ognize that there are intangible as- the world a better place to be in. not even count separations for other pects that make any job more inter- Mr. Speaker, I commend them, I sa- reasons. This attrition comes as the esting, helping to persuade veterans to lute them, as well as the gentleman police strive to raise manpower to rec- stay and others to seek the position. from Maryland (Mr. HOYER) and mem- ommended levels, to respond to height- The bill encourages our chief to deploy bers of the committee; and I urge the ened security concerns, and demands officers in innovative ways, maxi- support of this measure. for their services. mizing opportunities to rotate among Mr. HOYER. Mr. Speaker, continuing One Federal agency in particular, Mr. various posts and duties, to be cross- under my reservation, I thank the gen- Speaker, the new Transportation Secu- trained for specialty assignments, and tleman from Ohio (Mr. NEY) for his re- rity Agency, is attracting trained offi- to utilize fully the skills and talents of marks. I want to thank him for his cers from the Capitol Police and else- individuals. leadership on this bill and so many where to serve as sky marshals and air- More innovative management could others. Before I reference the specific port security officers. TSA offers com- greatly enhance the appeal and satis- provisions of this bill which are very, pensation that can exceed the average faction of the job, making retention very important, I hope all of our col- Capitol Police officer’s pay, and I want and recruitment easier. I am convinced leagues are pleased with the work of my colleagues to hear this and digest that the chief understands that and has our Committee on House Administra- it: TSA is offering salaries that can ex- the skill and management capability tion, which is charged with the respon- ceed the average Capitol Police salary to do just that. If done smartly, it sibility of working on matters that by 80 percent or more. would also make the Capitol more se- deal with Members, visitors, and staff b 1730 cure. and which deal with other issues of Mr. Speaker, in the course of devel- how this institution and our offices are An 80 percent pay increase is tough oping this bill, the committee reached maintained and operate. I hope they for anybody to turn down. There is no out in many directions for guidance. I are pleased, because the gentleman doubt that TSA’s work is vital, but the met with the new chief, Terry Gainer, from Ohio (Mr. NEY) and I have found a security of the Capitol is vital, as well. and Assistant Chief Bob Howe, who of- common cause in working together Congress has a duty to ensure the Cap- fered very solid and important ideas. without political considerations, with- itol Police can attract and retain the We received suggestions from other out partisanship. It is an honor and a people needed to make the Capitol safe. senior police officials. We received val- privilege to serve with the gentleman This is why the chairman and I intro- uable input from the Fraternal Order from Ohio (Mr. NEY) on this com- duced H.R. 5018. The bill authorizes a 5 of Police, representing the rank and mittee. As the ranking Democratic percent pay raise for fiscal year 2003 for file, and from numerous officers. We member of a committee, sometimes officers through the rank of captain. sought guidance from the Sergeant at one does not feel included. That has Raises for higher-ranking officers will Arms and Police Board. We also heard never been for one second the case on be discretionary with the Police Board. from individual Members concerned this committee, where we work as col- This gives officers who may be think- about the current attrition and who leagues and, more than that, as part- ing of leaving a reason to stay. wanted to see it addressed. ners, in most cases, in lockstep in try- We want them to stay. We are proud In addition, Mr. Speaker, both the ing to accomplish objectives that we of the service they give. We are re- gentleman from Ohio (Mr. NEY) and I think are good for this House and good spectful of their training and of their have had the opportunity of talking to for this country. As I say, it is an abilities. We want to send a strong the chairman of the Subcommittee on honor and a privilege to serve with the message that we value their service. Legislative of the Committee on Ap- gentleman from Ohio (Mr. NEY). Mr. Speaker, the bill also increases propriations, which funds the Capitol Mr. Speaker, since last year’s at- from 6 to 8 hours the amount of annual Police, and his staff. They have also tacks, Capitol Police officers have leave earned per pay period by officers given very positive input into this faced extraordinary challenges. For with at least 3 year service. As a mat- process. months after the attacks, most worked ter of fairness, the bill authorizes the Mr. Speaker, this good bill would re- 12-hour shifts, 6 days a week so Con- Board to make whole those officers ad- duce Capitol Police attrition and en- gress, the people’s House, the United versely affected during the recent courage recruitment. I thank the States Senate, and the Capitol could months of heavy overtime by limits on chairman, as I said at the beginning, continue to operate. The 12-hour shifts premium pay. This will restore to offi- for his leadership on this issue. We may have eased, but Capitol Police cers roughly $350,000 that they earned work as a team. It is a ‘‘we’’ com- still confront extraordinary challenges. but did not receive due to these limits. mittee, not a ‘‘me’’ or an ‘‘I’’ com- Unfortunately for Congress, its staff The bill also authorizes extra pay for mittee, and it is that because of the and visitors, Capitol Police officers officers in specialty assignments, as leadership of the gentleman from Ohio also confront extraordinary opportuni- determined by the Board. It lets the (Mr. NEY). I thank him for bringing ties. Board hire experienced officers and em- this bill to the floor, and I urge the Now, I say that is bad news for us, be- ployees at salaries above the minimum House to support the chairman. cause we do not want to lose them, but for a particular position when needed Mr. Speaker, I withdraw my reserva- it is a testament to them. As trained and justified. tion of objection. law enforcement professionals, Capitol It authorizes, as well, a tuition reim- The SPEAKER pro tempore (Mr. Police officers are always in demand by bursement program for officers taking KERNS). Is there objection to the re- other agencies. In these times of courses on their own time leading to- quest of the gentleman from Ohio? heightened security, demand for wards a law enforcement-related de- There was no objection. trained personnel has probably never gree and authorizes bonuses upon com- The Clerk read the bill, as follows: been higher. As a result, the Capitol pletion of such degrees. This will give H.R. 5018 officers opportunities for professional Police is losing trained officers at an Be it enacted by the Senate and House of Rep- alarming rate. improvement, which should lead in resentatives of the United States of America in In just the first 8 months, Mr. Speak- turn, it is our hope, to a more rapid ad- Congress assembled, er, of fiscal year 2002, the Capitol Po- vancement. SECTION 1. SHORT TITLE. lice have already lost 78 officers to For Congress, this will create a more This Act may be cited as the ‘‘Capitol Po- other law enforcement agencies and educated and better Capitol Police lice Retention, Recruitment, and Authoriza- have three more departures pending. force. The bill authorizes bonuses for tion Act of 2002’’.

VerDate 11-MAY-2000 02:20 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.104 pfrm12 PsN: H26PT1 H4024 CONGRESSIONAL RECORD — HOUSE June 26, 2002 SEC. 2. INCREASE IN ANNUAL RATE OF BASIC make a one-time bonus payment in an SEC. 12. USE OF VEHICLES TO TRANSPORT PO- COMPENSATION. amount not to exceed $500 to any officer or LICE DOGS. For fiscal year 2003, the Capitol Police member who participates in the program es- Notwithstanding any other provision of Board shall increase the annual rate of basic tablished under subsection (a) upon the offi- law, an officer of the United States Capitol compensation applicable for officers and cer’s or member’s completion of the course Police who works with a police dog and who members of the Capitol Police for pay peri- of study involved. is responsible for the care of the dog during ods occurring during the year by 5 percent, SEC. 8. BONUS PAYMENTS FOR OFFICERS AND non-working hours may use an official Cap- except that in the case of officers above the EMPLOYEES WHO RECRUIT NEW OF- itol Police vehicle when the officer is accom- rank of captain the increase shall be made at FICERS. panied by the dog to travel between the offi- a rate determined by the Board at its discre- (a) IN GENERAL.—The Capitol Police Board cer’s residence and duty station and to oth- tion (but not to exceed 5 percent). may make a one-time bonus payment in an erwise carry out official duties. SEC. 3. INCREASE IN RATES APPLICABLE TO amount not to exceed $500 to any officer, SEC. 13. SENSE OF CONGRESS ON MANAGEMENT NEWLY-APPOINTED MEMBERS AND member, or civilian employee of the Capitol OF CAPITOL POLICE. EMPLOYEES. Police who recruits another individual to It is the sense of Congress that, to the The Capitol Police Board may compensate serve as an officer or member of the Capitol greatest extent possible consistent with the newly-appointed officers, members, and ci- Police. mission of the Capitol Police, the chief of vilian employees of the Capitol Police at an (b) EXEMPTION OF RECRUITMENT OFFICERS.— the Capitol Police should seek to deploy the annual rate of basic compensation in excess No payment may be made under subsection human and other resources of the Police in a of the lowest rate of compensation otherwise (a) to any officer, member, or civilian em- manner maximizing opportunities for indi- applicable to the position to which the em- ployee who carries out recruiting activities vidual officers to be trained for, and to ac- ployee is appointed, except that in no case for the Capitol Police as part of the individ- quire and maintain proficiency in, all as- may such a rate be greater than the max- ual’s official responsibilities. pects of the Police’s responsibilities, and to imum annual rate of basic compensation (c) TIMING.—No payment may be made rotate regularly among different posts and otherwise applicable to the position. under subsection (a) with respect to an indi- duties, in order to utilize fully the skills and SEC. 4. ADDITIONAL COMPENSATION FOR SPE- vidual recruited to serve as an officer or talents of officers, enhance the appeal of CIALTY ASSIGNMENTS. member of the Capitol Police until the indi- their work, and ensure the highest state of Section 909(e) of the Emergency Supple- vidual completes the training required for readiness. mental Act, 2002 (40 U.S.C. 207b–2(e)), is new officers or members and is sworn in as SEC. 14. AUTHORIZATION OF APPROPRIATIONS. amended— an officer or member. There are authorized to be appropriated for (1) in the heading, by inserting ‘‘AND OFFI- SEC. 9. DEPOSIT OF CERTAIN FUNDS RELATING fiscal year 2003 and each succeeding fiscal CERS HOLDING OTHER SPECIALTY ASSIGN- TO THE CAPITOL POLICE. year such sums as may be necessary to carry MENTS’’ after ‘‘OFFICERS’’; (a) IN GENERAL.— out this Act and the amendments made by (2) in paragraph (1), by inserting ‘‘or who is (1) DISPOSAL OF PROPERTY.—Any funds this Act. assigned to another specialty assignment from the proceeds of the disposal of property SEC. 15. EFFECTIVE DATE. designated by the chief of the Capitol Po- of the Capitol Police shall be deposited in Except as otherwise provided, this Act and lice’’ after ‘‘field training officer’’; and the United States Treasury for credit to the the amendments made by this Act shall (3) in paragraph (2), by striking ‘‘officer,’’ appropriation for ‘‘GENERAL EXPENSES’’ under apply with respect to pay periods occurring and inserting ‘‘officer or to be assigned to a the heading ‘‘CAPITOL POLICE BOARD’’, or during fiscal year 2003 and each succeeding designated specialty assignment,’’. ‘‘SECURITY ENHANCEMENTS’’ under the head- fiscal year. SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ing ‘‘CAPITOL POLICE BOARD’’. ON ANNUALIZED BASIS. (2) COMPENSATION.—Any funds for com- The bill was ordered to be engrossed (a) IN GENERAL.—Any limits on the amount pensation for damage to, or loss of, property and read a third time, was read the of premium pay which may be earned by offi- of the Capitol Police, including any insur- third time, and passed, and a motion to cers and members of the Capitol Police dur- ance payment or payment made by an officer reconsider was laid on the table. ing emergencies (as determined by the Cap- or civilian employee of the Capitol Police for itol Police Board) shall be applied by the such compensation, shall be deposited in the f Capitol Police Board on an annual basis and United States Treasury for credit to the ap- not on a pay period basis. propriation for ‘‘GENERAL EXPENSES’’ under NOTIFYING MEMBERS TO CON- (b) EFFECTIVE DATE.—Subsection (a) shall the heading ‘‘CAPITOL POLICE BOARD’’. apply with respect to hours of duty occur- (3) REIMBURSEMENT FOR SERVICES PROVIDED TACT COMMITTEE ON JUDICIARY ring on or after September 11, 2001. TO GOVERNMENTS.—Any funds from reim- TO COSPONSOR RESOLUTION RE- SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDI- bursement made by another entity of the GARDING PLEDGE OF ALLE- TIONAL ANNUAL LEAVE. Federal government or by any State or local GIANCE government for assistance provided by the The Capitol Police Board shall provide (Mr. SENSENBRENNER asked and that an officer or member of the Capitol Po- Capitol Police shall be deposited in the lice who completes 3 years of employment United States Treasury for credit to the ap- was given permission to address the with the Capitol Police (taking into account propriation for ‘‘GENERAL EXPENSES’’ under House for 1 minute and to revise and any period occurring before, on, or after the the heading ‘‘CAPITOL POLICE BOARD’’. extend his remarks.) date of the enactment of this Act) shall re- (b) EXPENDITURES.—Funds deposited under Mr. SENSENBRENNER. Mr. Speak- ceive 8 hours of annual leave per pay period. subsection (a) may be expended by the Cap- er, earlier today, the United States itol Police Board for any authorized purpose SEC. 7. FINANCIAL ASSISTANCE FOR HIGHER Court of Appeals for the Ninth Circuit (subject to the approval of the Committee on EDUCATION COSTS. held that the Pledge of Allegiance is an (a) TUITION REIMBURSEMENT.— House Administration of the House of Rep- resentatives and the Committee on Rules unconstitutional endorsement of reli- (1) IN GENERAL.—The Capitol Police Board gion. This ruling treats any public reli- shall establish a tuition reimbursement pro- and Administration of the Senate) and shall gram for officers and members of the Capitol remain available until expended. gious reference as inherently evil and Police who are enrolled in or accepted for en- (c) EFFECTIVE DATE.—This section shall is an attempt to remove religious rollment in a degree, certificate, or other apply with respect to fiscal year 2003 and speech from the public arena from program leading to a recognized educational each succeeding fiscal year. those who disagree. credential at an institution of higher edu- SEC. 10. INCREASE IN NUMBER OF AUTHORIZED This ruling is ridiculous, and I have cation in a course of study relating to law POSITIONS. introduced a resolution today with the Effective with respect to fiscal year 2002 enforcement. gentleman from Mississippi (Mr. PICK- (2) ANNUAL CAP ON AMOUNT REIMBURSED.— and each fiscal year thereafter, the total ERING) that specifically states that the The amount paid as a reimbursement under number of full-time equivalent positions of the program established under this sub- the United States Capitol Police (including phrase ‘‘one Nation, under God’’ should section with respect to any individual may positions for members of the Capitol Police remain in the Pledge of Allegiance, and not exceed $3,000 during any year. and civilian employees) may not exceed 1,981 that the Ninth Circuit Court of Appeals (3) APPROVAL OF REGULATIONS.—The pro- positions. should agree to rehear this ruling en gram established under this subsection shall SEC. 11. DISPOSAL OF FIREARMS. banc to reverse this constitutionally take effect upon the approval of the regula- The disposal of firearms by officers and infirm and historically inaccurate rul- tions promulgated by the Capitol Police members of the United States Capitol Police ing. Board to carry out the program by the Com- shall be carried out in accordance with regu- Members who wish to cosponsor this mittee on House Administration of the lations promulgated by the Capitol Police House of Representatives and the Committee Board and approved by the Committee on resolution should contact the Com- on Rules and Administration of the Senate. Rules and Administration of the Senate and mittee on the Judiciary at 5–3190. It is (b) BONUS PAYMENTS FOR COMPLETION OF the Committee on House Administration of my hope that the House of Representa- DEGREE.—The Capitol Police Board may the House of Representatives. tives will bring it up promptly.

VerDate 11-MAY-2000 02:18 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.053 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4025 ON THE WORLDCOM DISASTER performance in the 2002 FIFA World country, and the soccer moms and dads (Mr. SHOWS asked and was given Cup tournament, and ask for its imme- who make it all possible; and I can re- permission to address the House for 1 diate consideration. late to that because I am one. minute and to revise and extend his re- The Clerk read the title of the resolu- It is my hope that soccer players in marks.) tion. cities, towns, and communities all over Mr. SHOWS. Mr. Speaker, I represent The SPEAKER pro tempore. Is there this great land of ours will continue to Clinton, Mississippi, the hometown of objection to the request of the gen- witness role models winning games WorldCom, the latest culprit in a con- tleman from Oklahoma? around the world. The 1 to 0 loss to tinuing series of corporate scandals Mr. DAVIS of Illinois. Mr. Speaker, Germany last Friday was a very close that have victimized average Ameri- reserving the right to object, as a mat- game. Coach Arena went into the day cans. The revelation that WorldCom ter of fact, I will not object, but I ask with a positive attitude, saying, ‘‘We hid almost $4 billion in expenses from the gentleman from Oklahoma to ex- know we represent the greatest coun- its employees and shareholders has plain this resolution. try in all the world. We are going to Mr. WATTS of Oklahoma. Mr. Speak- turned upside down the lives of thou- give the kind of effort you and all er, will the gentleman yield? sands of my constituents and many America will be proud of,’’ just as our Mr. DAVIS of Illinois. I yield to the 1 thousands more across the country. lady soccer players did about 2 ⁄2 years gentleman from Oklahoma. Just think about the thousands of ago, back in 1999, gave an effort that Mr. WATTS of Oklahoma. Mr. Speak- Mississippi families that had pride in we all were extremely proud of. er, I thank my good friend, the gen- Mr. Speaker, America is indeed their homegrown business and who tleman from Illinois (Mr. DAVIS), for proud. The House today congratulates placed their hard-earned money into yielding to me. our team on their performance and the this company’s stock. Now they are Mr. Speaker, the United States Na- spectacular accomplishment of making losing everything. Corporate greed is tional Soccer Team is a perfect exam- the quarter finals. The United States not a Mississippi value. ple of the American dream. Rising National Soccer Team represents yet Already, 17,000 employees are about above low expectations and defeating another good thing about America; to lose their jobs. Undoubtedly, many the dire predictions of sportswriters and, for that, we as Americans are more layoffs will happen. The stock and pundits, our soccer team shot and grateful. market is taking a terrible hit, and scored their way to the quarter finals Mr. DAVIS of Illinois. Continuing my seniors whose pension funds rely on of the 2002 World Cup. reservation of objection, Mr. Speaker, I WorldCom stock will now need help. Like so many other underdogs, the agree with the gentleman from Okla- who are getting close to U.S. team proved that, with hard work homa that the play of the U.S. Soccer retirement and families with invest- and determination, success can be Team was exemplary. ments to pay for their kids’ college achieved and odds can be overcome. As a matter of fact, he makes the educations will be hurt, too. The irony in the American victory is point that, traditionally, the United Mr. Speaker, there are thousands of the fact that our team defeated Por- States has not been thought of as a people being hurt across the country tugal and Mexico, countries where soc- world competitor in the soccer arena, because of what WorldCom has done, cer is extremely popular. President but I think we have reached another some of the leaders, not WorldCom per- Bush put it best when he congratulated level. We have crossed that hurdle. sonally. our players, saying, ‘‘The country is Now all of the world recognizes and un- I was talking to a man from Newton, really proud of the team. A lot of peo- derstands that we have come to the Mississippi, the other day. His father, ple that don’t know anything about point as a Nation where our athletes most of his portfolio contains soccer, like me, are all excited and can compete in practically any sport WorldCom stock. Now he is devastated. pulling for you.’’ and endeavor. I call on Washington to treat this as the dis- The performance by the American Such is true in the case of soccer, so aster that it is and help people through this cri- soccer team this year has been our I certainly would want to add my com- sis. most successful ever since competing mendation to the team. I commend the And I call on the barons of WorldComm, for the World Cup. It is the first time gentleman from Oklahoma for his reso- past and present, who control the ledgers, to the United States team has made it all lution and agree with him. unfurl their golden parachutes and give back the way to the quarter finals since 1930. Continuing to reserve my right to ob- to their employees and investors the gro- Most great performances come under ject, I yield to the gentleman from New tesque salaries they earned while they cooked the direction of great leaders, and this York (Mr. BOEHLERT). the corporate books. is no exception. The resolution before Mr. BOEHLERT. Mr. Speaker, I rise And, Mr. Speaker, as we learn more about the House today recognizes Bruce in support of today’s resolution hon- this financial disaster, I cannot help but imag- Arena, the head coach of the U.S. oring the tremendous achievement of ine what would happen to millions of seniors team, and all of the players for their the United States Men’s Soccer Team if we were to privatize Social Security and let dedication to excellence. Coach Arena in the 2002 FIFA World Cup games. As the stock market determine their futures. has been successful on many levels: this team of players, their coaches, and We must stand with our families today. We collegiate, professional, and now inter- staff gathered together and set out for must stand with the folks who work hard, pay national. Before coaching the U.S. the games in Korea and Japan, they their bills and deserve better than the greed team, he led the soccer team right here faced many challenges. They were fly- that is taking their savings and investments. in Washington, D.C., to two profes- ing thousands of miles to play the f sional league titles. Now he has world’s best teams in unfamiliar sta- achieved worldwide notoriety with a diums and to endure the harsh glare of EXPRESSING SENSE OF HOUSE OF well-deserving group of soccer players. skeptical sportswriters. It is fair to say REPRESENTATIVES WITH RE- Mr. Speaker, sports brings out the that those skeptics have changed their GARD TO UNITED STATES NA- best in so many people. The values of minds. TIONAL SOCCER TEAM AND ITS determination and willpower manifest In the opening match against Por- HISTORIC PERFORMANCE IN THE themselves in the thrill of competition tugal, our American team dominated 2002 FIFA WORLD CUP TOUR- and good old-fashioned physical fitness. the game and walked off with a three NAMENT Soccer is no exception. Americans to two win under their belt. Critics Mr. SULLIVAN. Mr. Speaker, I ask learned what it means to ‘‘strike’’ and thought it was a fluke. Coach Bruce unanimous consent that the Com- to ‘‘head’’ while once again unifying in Arena and his team were about to mittee on Government Reform be dis- a patriotic display, which is immensely prove them wrong. charged from further consideration of important to our Nation right now. The U.S. team went on to a draw the resolution (H. Res. 445) expressing Lastly, this resolution commends the with Korea and then a qualification for the sense of the House of Representa- United States Soccer Federation and round two, despite an outcome that tives with regard to the United States the United States Soccer Foundation, placed them behind Poland. No one was National Soccer Team and its historic children playing soccer across the ignoring Team USA anymore.

VerDate 11-MAY-2000 02:18 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.108 pfrm12 PsN: H26PT1 H4026 CONGRESSIONAL RECORD — HOUSE June 26, 2002 June 17 the U.S. team defeated the the most successful in the history of has led teams to numerous championships at Mexicans in an outstanding showing in our Nation’s participation in the tour- the collegiate and professional levels, and now a final showing of 2–0. Our neighbors to nament. The American team surprised should be commended for his success on the the south were headed back to North the world by reaching the quarter final international stage. America, and the U.S. soccer team was round, indicating that it has become a With 18 seasons as the head coach at the moving onward. leading competitor in international University of Virginia and three more in Major I joined over 200 people here on Cap- soccer. League Soccer with the DC United, Arena itol Hill to watch the U.S. play Ger- I wish to recognize Bruce Arena, the spent 21 seasons at the highest level of club many on June 21 in the early morning head coach of the United States soccer soccer in the United States. During his 18- hours. I know I was not the only one on team, and every player on that team year career as head coach of the University of the edge of my seat throughout that for their dedication to excellence and Virginia Men’s Soccer Team, Arena led his heated match. What a game. for representing our country with such team to 5 NCAA Division One championships, Soccer fans across this great country integrity on and off the soccer field. I and went on to lead the Under-23 National have been rewarded for their dedication congratulate the US soccer team for its Team for 44 games through the 1996 Summer to this sport. In a Nation filled with historic performance in the 2002 World Olympics in Atlanta. wonderful sports teams and opportuni- Cup. Therefore, Mr. Speaker, I urge the To commend their success and wish them ties, it was fantastic to see our citizens adoption of House Resolution 445. good luck, President Bush called Coach Arena come together to support a national Mr. WALSH. Mr. Speaker, I rise today to ex- and the Team in Korea at 11 am last Monday, team that has sometimes been over- press my strong support for H. Res. 445, a June 17, informing the Team of the American looked. resolution that praises the United States Na- public’s excitement over their success. Coach I have always considered myself to be tional Soccer Team for their outstanding per- Arena, in response, informed the President that the Team would give a performance that one of the luckiest Members of Con- formance in the 2002 World Cup tournament. all Americans would be proud of. gress, the Hall of Fame representative, I want to commend U.S. Coach Bruce Arena because I get to represent the Baseball Mr. Speaker, our men’s soccer team did just and assistant Coach Dave Sarachen for their that. Enthusiasm over the team’s strong finish Hall of Fame in Cooperstown, the Box- superb leadership and tactical brilliance in ing Hall of Fame in Canastota, the has been evident in communities across guiding the U.S. team to the quarterfinals of America, with standing room only crowds at Long Distance Hall of Fame in Utica the World Cup. This was the result of tiring and the magnificent new Soccer Hall of early morning games packing restaurants and work by players and coaches alike and this Fame in Oneonta, all in the heartland other locales on game days. The team’s rise World Cup will go down in history as the year of New York. The folks in Oneonta mirrors the sports’ growth over the past sev- U.S. soccer arrived on the world stage. The sparked my interest in soccer and got eral decades, and I’m proud that the leader of incredible performance of the U.S. soccer me so enthused that I helped found the this pack resides in my congressional district. team has generated enormous enthusiasm Congressional Soccer Caucus. They’ve made us very proud. As a representative for the Hall of and pride in this country and our player’s can Mr. DAVIS of Illinois. Mr. Speaker, I Fame and the co-chair of the Caucus, I hold their heads high as they proved to the withdraw my reservation of objection. would like to encourage continued sup- world that they can compete at the highest The SPEAKER pro tempore. Is there port for soccer everywhere. Youth soc- levels with the best soccer teams in the world. objection to the request of the gen- cer programs across the Nation offer The U.S. team played brilliant, inspired soc- tleman from Oklahoma? opportunities to millions of children cer throughout the World Cup and were able There was no objection. The Clerk read the resolution, as fol- from all backgrounds of every ability to defeat two of the top ten teams (Portugal lows: level to come together and learn the and Mexico) in the world—a feat that no one value of teamwork and sportsmanship. would have predicted before the tournament H. RES. 445 We need to take full advantage of in- started. U.S. sports fans also passionately re- Whereas the performance of the United creased public awareness for soccer sponded to the great performance of our soc- States National Soccer Team in the 2002 cer team as sports bars were jam-packed with FIFA World Cup is the most successful in the that this World Cup has offered. Let us history of our participation in the tour- continue to promote youth programs soccer enthusiasts and with ESPN receiving record viewership ratings in its television nament; so that we might watch young soccer Whereas the United States National Team stars work their way to the top in fu- broadcasts of the U.S. World Cup matches. surprised the world by advancing out of the ture World Cups. So let me once again congratulate the U.S. first round of play and reaching the quarter- How can anyone who claims to be a Soccer team for their phenomenal perform- finals; sports fan ever forget the thrilling U.S. ance as the entire country is proud of what Whereas by reaching the quarterfinals the women’s World Cup championship team our players and coaches accomplished. The United States signaled that it has become a of 1991? It hardly seems possible that a future of soccer is bright in this country and leading competitor in international soccer; decade has passed since that dramatic we can expect great things to come from U.S. Whereas the 3 goals scored in the first game victory were the most ever scored in 1 moment in U.S. sports history. That soccer in the years to come. Mr. TOM DAVIS of Virginia. Mr. Speaker, game by a United States men’s team in the was then. This is here and now. World Cup; I would again like to extend con- over the last several weeks, the US Mens’s Whereas the United States National Team gratulations to the men’s U.S. World Soccer Team has exceeded worldwide expec- advanced out of group play into the second Cup team and their supporters. I look tations by earning a quarterfinal match-up with round of the World Cup for just the third forward to seeing several of these tal- Germany resulting from a first-round win over time; ented young men as future inductees in Portugal, a tie against host team South Korea, Whereas the 2 to 0 win in the second round the Soccer Hall of Fame in Oneonta, and a second-round win over Mexico. was the first time the United States Na- New York, and I look forward to our With its 2–0 victory over Mexico on June tional Team has won a game in a ‘‘knock- 17th, the 2002 Team tied the men’s national out’’ round of the World Cup; continued success in men’s and wom- Whereas this win marks the first time en’s USA soccer. team marks for the most wins at a World Cup since 1930 that a United States team has ad- Mr. DAVIS of Illinois. Mr. Speaker, and most goals scored in a World Cup. The vanced to the quarterfinals of the World Cup; further reserving my right to object, I only other US team to equal this level of suc- Whereas the Team’s achievement reflects yield to the gentleman from Oklahoma cess was the 1930 team that reached the the explosive growth in popularity of soccer (Mr. SULLIVAN). semifinals at the inaugural FIFA (‘‘FEEFA’’) in the United States; Mr. SULLIVAN. Mr. Speaker, House World Cup in Uruguay. Whereas the United States National Resolution 445 introduced by the dis- This year’s win also marked the first time Team’s performance symbolizes the emerg- tinguished gentleman from Oklahoma the US won a single-elimination game in ing role of soccer for young Americans in sports and society; and (Mr. WATTS) expresses the sense of the World Cup History, and was the US’s first Whereas the United States National United States with regard to the World Cup shutout since its historic 1–0 upset Team’s performance speaks to parents about United States national soccer team and of England at the 1950 World Cup in Brazil. the importance of athletic participation for its outstanding performance in the 2002 Much of the team’s success can be credited building character and confidence in their World Cup tournament. to head coach Bruce Arena, a resident of the children: Now, therefore, be it Mr. Speaker, the U.S. soccer team’s 11th Congressional District of Virginia. Resolved, That the House of performance in the 2002 World Cup was Throughout his distinguished career, Arena Representatives—

VerDate 11-MAY-2000 02:18 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.110 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4027 (1) congratulates the United States Na- World Series, 17 Super Bowls, numer- the ride; and he was there under our tional Soccer Team for its historic perform- ous baseball All Star and play-off pillows late at night as countless kids ance in the 2002 World Cup; games, and many other major sporting smuggled their radios into bed to stay (2) recognizes Bruce Arena, the head coach events. He has been inducted into the up and listen to a distant game from of the United States Team, and every player the west coast. He was part of the fam- on the Team for their dedication to excel- Baseball Hall of Fame, the Pro Foot- lence; and ball Hall of Fame, and American ily. (3) commends the United States Soccer Sportscasters Association Hall of Fame He introduced us to all the Cardinal Federation and coaches and parents of young and the Radio Hall of Fame. stars, Stan Musial to Bob Gibson to soccer players around the country for their Jack Buck was a leader away from Ozzie Smith to Mark McGwire to Al- role in the success of soccer in the United the stadium as well. He spent over 30 bert Pujols. His words were the link States. years as the campaign chairman for that connected them all. He was there AMENDMENT OFFERED BY MR. SULLIVAN the St. Louis chapter of the Cystic Fi- at Sportsman Park and he was there at Mr. SULLIVAN. Mr. Speaker, I offer brosis Foundation for which he helped Bush Stadium. Jack Buck was a be- an amendment. raise more than $30 million to fight the loved figure in baseball and an institu- The Clerk read as follows: disease. tion to fans of the St. Louis Cardinals. His passing has brought great sorrow Amendment offered by Mr. SULLIVAN: On June 18, 2002, Jack Buck passed Page 3, beginning line 1, strike ‘‘United away after a distinguished career in to Red Bird fans across the country and States Soccer Federation’’ and insert broadcasting and a long life in which we all mourn our loss and the Buck ‘‘United States Soccer Federation, the he touched the lives of millions of family’s loss. United States Soccer Foundation,’’. Americans. Mr. Speaker, for these rea- I also want to extend my personal The SPEAKER pro tempore. The sons I urge the adoption of House Reso- condolences to the Buck family. Jack question is on the amendment offered lution 455. Buck is rightfully considered to be one by the gentleman from Oklahoma (Mr. Mr. DAVIS of Illinois. Further re- of the greatest baseball announcers of SULLIVAN). serving the right to object, Mr. Speak- all time joining Vin Scully, Red Bar- The amendment was agreed to. er, I yield to the gentleman from St. ber, Mel Allen, Ernie Harwell, and The resolution was agreed to. Louis, Missouri (Mr. CLAY), for what- Harry Caray. I urge all of my col- A motion to reconsider was laid on ever comments or remarks he might leagues to support this resolution. Mr. Speaker, I include for the the table. have. Mr. CLAY. Mr. Speaker, I thank the RECORD an untitled poem that Jack f Buck wrote and read September 17, gentleman from Illinois (Mr. DAVIS) for b 1745 yielding. I also thank my friend from 2001, at the resumption of baseball fol- lowing the . Oklahoma (Mr. SULLIVAN) for speaking HONORING THE LIFE OF JOHN on behalf of the resolution. JACK BUCK’S POEM FRANCIS ‘‘JACK’’ BUCK Mr. Speaker, House Resolution 455 Since this nation was founded under God, Mr. SULLIVAN. Mr. Speaker, I ask honors the life of John Francis ‘‘Jack’’ more than 200 years ago, unanimous consent that the Com- Buck, one of the true giants of sports We’ve been the bastion of freedom . . . mittee on Government Reform be dis- The light which keeps the free world aglow. broadcasting and a St. Louis icon. Jack We do not covet the possessions of others, we charged from further consideration of Buck, the voice of the St. Louis Car- are blessed with the bounty we share. the resolution (H. Res. 455) honoring dinals for nearly 50 years, sadly passed We have rushed to help other nations . . . the life of John Francis ‘‘Jack’’ Buck, away last week at the age of 77 after a anything . . . anytime . . . anywhere. and ask for its immediate consider- long battle with lung cancer and Par- War is just not our nature . . . we won’t ation in the House. kinson’s disease. He was one of the start, but we will end the fight. The Clerk read the title of the resolu- most respected and admired baseball If we are involved we shall be resolved to tion. broadcasters to have ever sat behind a protect what we know is right. The SPEAKER pro tempore. Is there We’ve been challenged by a cowardly foe who mike, and his passing signals the pass- strikes and then hides from our view. objection to the request of the gen- ing of the golden age of baseball. With one voice we say there’s no choice tleman from Oklahoma? Jack Buck came to prominence in today, there is only one Thing to do. Mr. DAVIS of Illinois. Mr. Speaker, the 1950’s, a time when baseball and Everyone is saying the same thing and pray- reserving the right to object, I will not radio were not simply intertwined, ing that we end these senseless mo- object; but I yield to the gentleman they were inseparable. In the 1950’s and ments we are living. from Oklahoma (Mr. SULLIVAN) to ex- early 1960’s, radio was the primary As our fathers did before, we shall win this plain the resolution. source for baseball for most Americans. unwanted war. Mr. SULLIVAN. Mr. Speaker, House And our children will enjoy the future, we’ll And on any given night, Jack Buck on be giving. Resolution 455 introduced by the dis- KMOX radio in St. Louis could be Mr. DAVIS of Illinois. Further re- tinguished gentleman from Missouri heard throughout middle America, serving the right to object, Mr. Speak- (Mr. CLAY) honors the life of John from the upper regions of Wisconsin, er, let me just agree with the gen- Francis ‘‘Jack’’ Buck. The resolution is all the way down to the Deep South. tleman from St. Louis, Missouri (Mr. co-sponsored by the entire House dele- Like many St. Louisians, I grew up lis- CLAY). Of course, St. Louis has always gation from Missouri along with other tening to Jack Buck broadcast St. been a tremendous town for athletics. I Members. Louis Cardinals games. It was through spent 2 years as a young person living For nearly 50 years, Jack Buck was his broadcasts that I and millions of in St. Louis, and I learned all of these known as the voice of the St. Louis other baseball fans first learned the in- penalties that he mentioned. I must Cardinals. He became one of the most tricacies and the beauty of the game of confess I was a great Red Schoendienst respected sports broadcasters in the in- baseball. and Harry Caray fan and Ray dustry and an institution among base- His friendly voice, his baseball Jablonski. I think they used to call ball fans everywhere. knowledge, and his sense of humor en- him Jabbo. It is a great place to be and A decorated veteran of World War II, abled us to mentally picture the action certainly Jack Buck added tremen- Jack Buck began his broadcasting ca- on the field and were instrumental in dously to the aura of St. Louis. Mr. reer in 1948 while attending Ohio State fostering our love for the game of base- Speaker, I urge passage of this resolu- University where he was a play-by-play ball. In the words of Bernie Miklasz of tion. announcer for football, basketball and the St. Louis Post Dispatch, Jack Buck Mr. Speaker, I withdraw my reserva- baseball. He was hired by the St. Louis provided ‘‘the soundtrack for St. Louis tion of objection. Cardinals in 1954 and began his 48 year summers’’ for 48 years. He was there in The SPEAKER pro tempore. Is there career of announcing Cardinals base- our backyards as we gathered around objection to the request of the gen- ball on KMOX radio. He brought base- our grills and picnic tables; and he was tleman from Oklahoma? ball to life to millions of fans through- there on our porches, under an evening There was no objection. out the Midwest during his tenure in sky. He was there in our cars, always The Clerk read the resolution, as fol- the booth. Jack Buck announced 8 the friendly travel companion along for lows:

VerDate 11-MAY-2000 02:18 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.054 pfrm12 PsN: H26PT1 H4028 CONGRESSIONAL RECORD — HOUSE June 26, 2002 H. RES. 455 marks and include extraneous material County. Shutting down Metrolink serv- Whereas for nearly 50 years, John Francis on H. Res. 445, just adopted, and on ice will not only impact ridership, ‘‘Jack’’ Buck was known as the ‘‘Voice of the H.R. 5018, passed earlier today. 34,000 riders a day, but contribute to in- St. Louis Cardinals’’ to generations of base- The SPEAKER pro tempore. Is there creased congestion on the region’s ball fans, one of the most respected sports objection to the request of the gen- highways. broadcasters in the industry, and a beloved tleman from Oklahoma? In my district, Amtrak serves Santa institution to all St. Louis Cardinals fans; There was no objection. Barbara, Goleta, Lompoc, Guadeloupe, Whereas Jack Buck’s distinctive voice and San Luis Obispo and Paso Robles. his signature exclamation ‘‘That’s a winner’’ f following each Cardinals victory were famil- These communities rely on Amtrak as iar to baseball fans across the United States; b 1800 a very important, vital transportation link. Whereas Jack Buck was born in Holyoke, SPECIAL ORDERS Massachusetts, in 1924 and was a decorated At a time when more and more com- veteran of World War II; The SPEAKER pro tempore (Mr. munities are looking to rail passenger Whereas Jack Buck began his broadcasting KERNS). Under the Speaker’s an- service to increase transportation op- career in 1948 while attending Ohio State nounced policy of January 3, 2001, and tions, create economic development University, where he was the play-by-play under a previous order of the House, and reduce congestion, we must avoid announcer for football, basketball, and base- the following Members will be recog- an unnecessary disruption of service ball; nized for 5 minutes each. that America depends on. Whereas in 1954, Jack Buck was hired by the St. Louis Cardinals, joined Harry Caray f Mr. Speaker, there are three things Congress and the administration can in the booth at Sportsman’s Park, and began CONCERNS OVER POSSIBLE his 48 years of broadcasting Cardinals base- do. First, we must support an appro- ball on KMOX radio; SHUTDOWN OF AMTRAK priation of $200 million for Amtrak in Whereas in 1970, Jack Buck was made the The SPEAKER pro tempore. Under a the supplemental appropriations bill lead play-by-play announcer for the St. previous order of the House, the gentle- for fiscal year 2002. A number of my Louis Cardinals and he brought baseball to woman from California (Mrs. CAPPS) is colleagues and I sent a letter to the life for millions of fans throughout the Mid- recognized for 5 minutes. conferees urging them to do so yester- west; day. I urge the administration to join Whereas Jack Buck covered some of the Mrs. CAPPS. Mr. Speaker, I rise greatest moments in baseball history, in- today to express my strong concerns in this effort. cluding Lou Brock’s record-setting 118th sto- over the possible shutdown of Amtrak. Second, we must substantially in- len base, Bob Gibson’s incredible 1968 season, Amtrak’s new president has said that crease funding for Amtrak above cur- and Mark McGwire’s record-breaking 70th Amtrak needs a $200 million loan guar- rent levels. As my colleagues know, the home run in 1998; antee by June 30 or the company will President has requested in his budget Whereas in 1960, Jack Buck was the play- have to begin a shutdown of all serv- only half of what Amtrak says it needs by-play announcer for the first televised ices. This would have a serious impact to survive. If we do not address this American Football League game and worked shortfall, the railroad has publicly AFL broadcasts for three years; on commuters and travelers across this country, and I speak for those who stated that it may be forced to elimi- Whereas Jack Buck was the announcer for nate the entire long distance train net- one of professional football’s most famous would be strongly affected in Cali- games, the 1967 NFL Championship game, fornia. For that reason, Congress and work. Third, we must adopt a long-term dubbed the ‘‘Ice Bowl’’, between the Green the administration must avert a shut- strategy to reform and to improve Am- Bay Packers and the Dallas Cowboys; down. Whereas Jack Buck was the radio voice of trak. We cannot allow Amtrak to go bank- We need to address the real problem Monday Night Football from 1978 to 1996; rupt. Amtrak is a critical component Whereas Jack Buck was the lead an- with passenger rail travel in this coun- nouncer for 8 World Series, 17 Super Bowls, of our national transportation net- try: lack of funding, new missions and numerous baseball All-Star and National work, providing safe, efficient and af- undercapitalization. As we begin a new League playoff games, and other major fordable transportation for millions of era, our Nation needs a viable pas- sporting events, including professional bowl- Americans each year. Amtrak serves senger rail system to supplement our ing; over 500 cities and communities across network of highways and airports. It is Whereas Jack Buck has been inducted into this country, many of which rely on 11 different Halls of Fame, including the time we recognize such a system re- trains as a crucial transportation op- quires more financial support. Baseball Hall of Fame (1987), the Pro Foot- tion. ball Hall of Fame (1996), the American The Department of Transportation’s Sportscasters Association Hall of Fame Since 1996, ridership on Amtrak Inspector General has stated that Am- (1990), the Radio Hall of Fame (1995), and the trains has increased by 19 percent. Last trak has never received sufficient fund- St. Louis Walk of Fame (1991), and has been year, Amtrak had 23 million riders. In- ing to invest in capital projects that the recipient of numerous lifetime achieve- cluding commuter services, Amtrak’s would create opportunities for greater ment broadcasting awards; total ridership exceeds 60 million pas- efficiency and revenue production. Yet, Whereas for more than 30 years Jack Buck sengers a year. despite the inadequate support, Am- was the campaign chairman for the St. Louis Amtrak also plays a significant role trak has been able to increase ridership chapter of the Cystic Fibrosis Foundation, in my State. California hosts three of for which he helped raise more than and revenue. I commend Amtrak for $30,000,000 for research to find a cure for the the top six most heavily traveled serv- doing so much with so little. disease; and ices in the country. The Pacific In conclusion, I would like to urge Whereas on June 18, 2002, Jack Buck passed Surfliner, which serves my congres- the administration to take action to away after a long and distinguished career in sional district in southern and central prevent a shutdown of Amtrak. Imme- broadcasting in which he touched the lives of California, carries more than 11⁄2 mil- diate Federal investment in our na- millions of sports fans across the United lion passengers annually. The Surfliner tional passenger rail system is vital. If States: Now, therefore, be it is California’s most highly developed we are unable to avoid a shutdown, Resolved, That the House of Representa- service, and it is second only to Am- thousands of Amtrak workers could tives honors the life of John Francis ‘‘Jack’’ trak’s northeast corridor in ridership. lose their jobs, and millions of pas- Buck. It connects two of the most congested sengers face the loss of vital train serv- The resolution was agreed to. regions in the country, Los Angeles ice in communities nationwide. A motion to reconsider was laid on and San Diego. Maintaining mobility Mr. Speaker, I am hopeful that we the table. in this busy economic corridor is essen- can make a commitment to provide f tial. stable and adequate funding for the na- In addition, if funds are not provided tional Amtrak passenger rail network. GENERAL LEAVE to Amtrak, regional contract partners, f Mr. SULLIVAN. Mr. Speaker, I ask like commuter rail system Metrolink, The SPEAKER pro tempore. Under a unanimous consent that all Members are at risk. Metrolink contracts with previous order of the House, the gen- may have 5 legislative days within Amtrak to provide service throughout tleman from Kansas (Mr. MORAN) is which to revise and extend their re- southern California, including Ventura recognized for 5 minutes.

VerDate 11-MAY-2000 02:18 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.058 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4029 (Mr. MORAN of Kansas addressed the These big-name drug companies sup- a group called Forest Guardians, one of House. His remarks will appear here- ported by Republicans over and over these radical environmental groups. after in the Extensions of Remarks.) game the patent system. They were interviewed in the East Val- f While the Congressional Budget Of- ley Tribune in Arizona yesterday, and fice has not formally scored these pro- in the paper it says, Forest Guardians DEMOCRATIC PRESCRIPTION DRUG visions, their estimate suggests Medi- oppose using any forest thinning that BILL care alone could save tens of billions of might benefit commercial logging com- The SPEAKER pro tempore. Under a dollars if we make drug companies play panies. If one uses the words thinning previous order of the House, the gen- fair. Needless to say, these provisions and/or they use the word forest and tleman from Ohio (Mr. BROWN) is rec- to bring drug prices down are not in commercial in the same sentence, it ognized for 5 minutes. the Republican bill. The drug industry, seems they sue before one can finish Mr. BROWN of Ohio. Mr. Speaker, in fact, has ponied up $3 million, $3 the sentence. They simply oppose any- the prescription drug bill we are intro- million to back an ad campaign tout- thing that benefits commercial compa- ducing today is straightforward. It is ing the Republican’s bill, which pro- nies, which means that to go in and easily distinguishable from the Repub- tects the drug companies. thin the forest it is all on the public lican bill introduced last week. There If drugmakers thought there was any treasury. is no fine print in our bill. There are no chance the Republican’s bill would re- It is estimated that it would cost holes in our prescription drug cov- duce drug prices for Medicare enroll- them $35 billion to go in and thin our erage. There are no question marks ees, do my colleagues think they would forest properly, to prepare them to where the premium and cost-sharing endorse it? Of course not. The Repub- make sure that we do not have the dev- requirements should be. The avail- lican bill has the drug industry’s fin- astating crown fires that are killing ability of coverage does not hinge on gerprints all over it. trees and everything, wildlife, what- the Federal Government, unlike the Our bill is admittedly more expensive ever stands in their way, but we can Republican plan, showering the insur- than the Republican bill. It should be cannot do it with the public treasury. ance industry with tax dollars so they more expensive because our coverage is We have to allow people to go in, but of will offer stand-alone drug plans. better. The Republican bill is dirt course they oppose that. One of the strongest points of the cheap for a reason. Their bill is most Going on, it says, and hear what the Democratic plan is that it is not en- notable for the coverage it does not Forest Guardians are suggesting: In- dorsed by the drug industry. That is be- provide. It is basically one big dis- stead, small numbers of small trees cause we hold down drug costs by claimer. should be removed by crews using bringing down drug prices, not by The last thing we want to do is to re- solar-powered chain saws to ensure the shortchanging seniors on coverage. Our duce the number of uninsured in this work does not affect air quality in the bill creates a drug coverage option for country simply to increase the number forest. Solar-powered chain saws. I Medicare beneficiaries that is afford- of underinsured. If we can afford $4 tril- know my way around a hardware store able, it is reliable, and I emphasize is lion in tax cuts, we can afford to create pretty well, although I have never at least as generous as the coverage a real drug coverage option in Medi- stumbled into the solar-powered chain care for retirees and disabled Ameri- available to Members of Congress. saw aisle. It is simply laughable, if it Our bill strengthens Medicare, rather cans. It is a matter of priorities. were not so horrifying, that we are This Congress made a choice between than snubbing it. It minimizes the has- being held up by such groups that have tax cuts for the richest one-half per- sle involved in getting drug benefits. such outlandish ideas. cent of people, the most privileged peo- We add the drug coverage option to I do not know what is next, trained ple in this country, a choice between the Medicare benefits package. Seniors beavers? Are we supposed to round up giving them tax cuts and providing in- are not forced to go outside of Medi- the animals of the forest, Mr. Deer and adequate prescription drug benefits for care and enroll in an insurance com- Mr. Bear, and convince them to get a seniors. Republicans chose the tax cuts pany HMO to get their drug benefits as forest council together to help us re- for the most privileged. Democrats are they are required to do under the Re- plant? We need to remind the radical choosing a prescription drug benefit for publican plan. environmentalists that Ferngully was 38 million Medicare beneficiaries. a cartoon. Our bill takes action against inflated It is a question of priorities. Let us drug prices on behalf of every senior We have serious problems here in our do the right thing and pass the Demo- forests. They demand serious solutions, and every American consumer. The cratic substitute. brand name drug industry has taken to serious debate, serious answers, and we exploiting loopholes in the FDA drug f are getting solar-powered chain saws? approval process to block generic com- THINNING AMERICA’S FOREST We have got to rethink what we are petition and keep drug prices high. So LAND doing. not only the drug companies charge The SPEAKER pro tempore. Under a Our State is burning. Colorado is Americans the highest prices in the previous order of the House, the gen- burning. There are some 3 million acres of Ponderosa pine forest in Arizona. We world for prescription drugs, while tleman from Arizona (Mr. FLAKE) is those drugs are still under patent, recognized for 5 minutes. stand a chance of losing most of that these companies, these drug companies Mr. FLAKE. Mr. Speaker, as I stand over the next year or two. It is a tin- continue to charge Americans ridicu- here today, my home State of Arizona derbox unless we get in, and we cannot lously high prices even after the drugs is burning. We have lost now nearly afford to wait another 4 or 5 years until have gone off patent, even after the 400,000 acres to fire. That is more than we wade through all the lawsuits to patents expire, because they block 500 square miles. Colorado is burning as allow private interests in to thin for- generics, block competition from en- well. We have lost a tremendous ests. We have got to move ahead, and I tering the market. amount of forest just this year, and we plead with those serious environ- This gaming of the patent system is have got to do something about it. mentalists who want to protect habitat not theoretical. It happened with We should not be surprised at the for endangered species, who want to Paxil; it happened with BusPar; it hap- losses so far to fire. Our forests have have beautiful forest land, to join with pened with Prilosec; it happened with been choked with underbrush and ex- us and create a balance as we are get- Neurontin; it happened with cess trees for years now; and whenever ting serious about the issue, instead of Wellbutrin. These are top-selling drugs. we try to go in and thin and manage throwing up roadblocks and talking Seniors and other consumers who need our forests, we are blocked by radical about solar-powered chain saws and the these drugs have paid twice, three environmentalists who file lawsuits, like. times, four times more than necessary who create such uncertainty with the f for these products for months and Forest Service that nobody can go in The SPEAKER pro tempore. Under a sometimes for years because brand- and thin our forests like they should. previous order of the House, the gen- name drug companies block legitimate One of the groups that is blocking us tleman from California (Mr. FILNER) is generic competitors from the market. from going into forests and thinning is recognized for 5 minutes.

VerDate 11-MAY-2000 02:18 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.120 pfrm12 PsN: H26PT1 H4030 CONGRESSIONAL RECORD — HOUSE June 26, 2002 (Mr. FILNER addressed the House. done about the accounting system? judges in San Francisco have told this His remarks will appear hereafter in Well, we are going to let the market Nation at war that our Pledge of Alle- the Extensions of Remarks.) work, the Republicans said. We adopted giance is unconstitutional. Personally, f some securities and accounting reforms Mr. Speaker, I am sickened. The here. They say let them police them- Pledge is not a prayer. It is a declara- CORPORATE SCANDALS selves. Of course we get Harvey Pitt, tion of being an American. It is the em- The SPEAKER pro tempore. Under a Harvey Pitt appointed by the President bodiment of everything we hold dear, previous order of the House, the gen- of the United States, George Bush, to the flag, the Republic, and one Nation tleman from Oregon (Mr. DEFAZIO) is be headed by the Securities and Ex- under God. recognized for 5 minutes. change Commission. He is a former I guess in a country where our con- Mr. DEFAZIO. Mr. Speaker, well, to- lawyer for the securities companies stitutional safeguards have been taken day’s headlines, WorldCom Finds Ac- that are out defrauding the American to the extreme and have had to have counting Fraud, $3.8 billion, slight people. He is going to be a real lap dog nativity scenes removed from town misstatement of their earnings. The down there. So the response here is sta- squares and even silent prayers re- stock dropped from $64.50 down to a few tus quo, do not upset the boat. moved from high school football pennies, and 17,000 people will lose So there seems to be a common trend games, I should not be surprised. I sus- their jobs, but the former CEO is living here which is we are in a meltdown. pect it is only a matter of time or a happily in his mansion on the millions American CEOs are discredited, Amer- matter of finding the right lawyer who which he looted, as are many of his co- ican corporations are discredited, the is seeking to make a name for himself horts. This is a pattern that is being stock market is crashing, hurting aver- to proclaim that the U.S. flag is uncon- repeated time and time again. It has age Americans; and the response on stitutional and that by flying the flag gone on for far too long. that side of the aisle is do not do any- someone may be offended by its sem- It started a year ago today with the thing, let market forces work and, by blance. We are forced to say happy energy scandals in the West, little the way, let the CEOs skate. Oh, yes, holidays instead of Merry Christmas. more than a year ago today. We were we did do one really important thing We are forced to say gesundheit rather told by the Republican majority this is last week. We passed the permanent re- than God bless you. If a school teacher market forces at work, you have not peal of estate tax for people who have mentions Jesus during a lesson on his- built enough plants, has nothing to do over $5 million of assets to make sure tory, that teacher faces disciplinary with market manipulation. Well, now that Ken Lay, Mr. Fastow, and all action. we got the memo that, in fact, Enron these others who have ripped off tens of Mr. Speaker, it is time we put our was manipulating the markets, but millions of dollars from their employ- foot down as a body, a representative body of this country and respond to even with those market manipulations ees will never pay any taxes on the this outrageous decision and proclaim they went bankrupt. money they stole. God forbid they that these United States are united Their former CEO, Mr. Lay, and their should, because they are all major con- against terrorism, united against this former Chief Operating Officer, Mr. tributors. Fastow, have between them more than Last week the Republicans held the decision, and united under God. $100 million while employees have lost largest fundraiser in the history of f their pensions and their jobs. Washington, D.C., headlined by the PRESCRIPTION DRUGS UNDER b 1815 wonderful pharmaceutical companies, MEDICARE but followed up by many of the other The SPEAKER pro tempore. Under a This seems to be a pattern, does it players whom I have mentioned here not? What is the response of the Repub- previous order of the House, the gen- because their CEOs happen to be awash tleman from Texas (Mr. GREEN) is rec- lican majority? Well, we pretended to in cash, and they want to make sure adopt pension reform, but we did not ognized for 5 minutes. they do not go to jail. So they are be- Mr. GREEN of Texas. Mr. Speaker, prohibit what Enron did to its employ- coming more and more generous in last week the Committee on Energy ees happening at other corporations, their contributing. and Commerce spent 3 long days and and it looks like there is a whole heck This is the most outrageous scandal one very long night marking up a piece of a lot of other corporations out there in the history of the United States. of legislation that is supposed to pro- on the edge while the CEOs are living The largest restatement of earnings by vide seniors with a Medicare prescrip- on the gravy here, and that was sort of a corporation, tens of thousands of em- tion drug benefit. I say ‘‘supposed to’’ the initial response. ployees losing their pensions, their because most Americans support put- Then we had another little scandal jobs, millions of Americans losing their ting prescription drugs under Medicare. coming along here which was American 401(k)s, their pensions; and the re- I have a graph here that shows those corporations do not think they should sponse on the Republican side of the who support or oppose rolling back the pay taxes anymore. Stanley Works aisle is nothing, because they are fro- tax cut that Congress passed last year wants to move to Bermuda, set up the zen in place by the fact that they are and using that money to provide a pre- new Bermuda Triangle, avoid U.S. taking so much money from the people scription drug benefit under Medicare taxes on its U.S. earnings and its over- who have perpetrated these frauds. I for seniors. Supporting is 64 percent, seas earnings. Bank of America has hope that the American people demand opposing is 25 percent, and 6 percent do done the same scam. The corporations and vote for some change next fall. not think Medicare ought to have pre- are lined up from here to Sunday to do f scription drugs. This poll was done be- that. tween March 28 and May 1 of this year. REACTION TO U.S. 9TH DISTRICT What is the response on that side? So instead of having the huge tax cut COURT DECISION CONCERNING Well, the Secretary of the Treasury that we passed last year before Sep- says our tax laws are too complex, this THE PLEDGE OF ALLEGIANCE tember 11 and extending them even is a rational response by these unpatri- The SPEAKER pro tempore (Mr. after 9 years from now, the American otic corporations who are ripping off KERNS). Under a previous order of the people really want a prescription drug the American people, taxpayers and House, the gentleman from Florida benefit for seniors before they want a their own employees, and the majority (Mr. JEFF MILLER) is recognized for 5 tax cut. leader on that side says he endorses minutes. What is frustrating is that if we had this practice that they should not pay Mr. JEFF MILLER of Florida. Mr. been able to pass even one single taxes unlike working wage-earning Speaker, look what the courts have Democratic amendment during that Americans. done now. Just when we think life after markup, I think all those days and Then we had Global Crossing, the September 11 had gained some sense of that night would have been well spent. CEO, a couple hundred million bucks normalcy, just after patriotism at a Unfortunately, every effort we made to there, little accounting scandal; Enron, level not seen since World War II had improve the bill, and there was so accounting scandal; Tyco, accounting permeated every segment of our soci- much to improve, was shot down on ba- scandal; now WorldCom. What have we ety, a society under God, two liberal sically party line votes.

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.123 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4031 When I look at all the problems of private insurance companies to run related, but a lot of people have to take the bill, I have to wonder why my this new benefit. It will be separate Glucophage. Look at what we pay in friends on the other side of the aisle from Medicare part A and Medicare the United States. These are not my fought so hard to preserve it, because part B and will be run by something numbers. This is according to the Life their bill creates such a complicated called a Medicare Benefits Administra- Extension Foundation. The average scheme of varying copays, high tion. Why is this relevant? Because price, according to their study for deductibles, and insufficient coverage. this is the first step to long-term ef- Glucophage, for a 30-day supply in the When seniors sit down around their forts to privitization in Medicare. United States is $124. That same drug kitchen table to figure out how the Re- The Republicans have tried to do it sells in Europe for $22. publican plan affects them, they will for 5 or 6 years. It has not worked. We did some of our own basic re- find this bill simply does not add up. Those HMOs just do not make enough search. We sent some people out. These Under the Republican proposal, the money to serve seniors. My Republican are illegal drugs, my colleagues. Ac- beneficiary pays a $250 deductible. For colleagues have been long-time cru- cording to the FDA, I am holding up il- the first $1,000 of drugs, they have to saders for the free market. I agree with legal drugs because they were bought pay a 20 percent copay, or an addi- the free market, but you cannot have in Germany and Italy. But they are the tional $150. Does not sound too bad. the free market and private insurance same drugs we buy here in the United But for the second $1,000 worth of phar- trying to cover seniors. It does not States. Let us talk about this one. Claritin. maceuticals they have to buy, the work. We learned that in 1965. Very commonly prescribed drug. This copay jumps to 50 percent, or $500. So f drug, Claritin, in a pharmacy in my far we are up to $900 in out-of-pocket district, this exact same drug, made in expenses for a $2,000 benefit. PRESCRIPTION DRUGS the same plant under the same FDA The legislation that came out of our The SPEAKER pro tempore. Under a approval, in my district sells for $64.97. committee had a gaping hole in cov- previous order of the House, the gen- This same drug was bought a week ago erage from $2,000 to $3,700 where seniors tleman from (Mr. GUT- in Germany for $13.97, American equiv- KNECHT) is recognized for 5 minutes. have to pay every single dime for that alent. That is 14.8 Euros, in case you $1,700 worth of coverage. At the same Mr. GUTKNECHT. Mr. Speaker, I rise to talk about prescription drugs as are keeping score at home. time, they are still paying their $35- Another very commonly prescribed well, and I have to acknowledge that plus a month for coverage they are not drug, an important drug, Zocor. This receiving. So to get to the catastrophic some of the points made by our col- drug in the United States, at a phar- coverage, there has to be $3,700; but leagues on the other side of the aisle macy in my district, we checked just seniors will have to have $4,800 worth are exactly right. the other day, sells for $45. This little of drug costs before they will receive It is unfortunate that we are brought box of pills, $45. This same drug pur- the catastrophic benefit under the Re- here tonight to discuss a bill that, as is chased in Italy 1 week ago is 14.77 publican plan. true with every bill, is not perfect. And Euros, or $13.94 American. Most seniors never will actually there are a lot of things about this bill My colleagues, we have a serious reach that level. If a senior’s drug cost, that I do not like, but I want to talk problem with prescription drugs. Ev- for example, is $300 a month, they will tonight about what I think are the erybody agrees to that. We have to do hit that $2,000 by midyear. For the next most glaring omissions from this bill. something to help those seniors who 6 months, they will be paying these As we talk about prescription drugs, as are currently falling through the premiums but getting nothing in re- we talk to our constituents, the one cracks. Everybody agrees on that. But, turn. And while we are talking about theme that comes through to us over my colleagues, I submit if we do not do the monthly premium, let us point out and over again is that the prices are something serious about opening mar- that the legislation does not specify ex- just going through the roof. And it is kets, about creating competition, actly what it should be. It says that not just from seniors at our town hall about allowing our pharmacists to re- the private drug plans can charge meetings. It is from business people, import these drugs and allowing Amer- whatever they want. big business people. icans to have access to world drugs at Now, in the committee we talked We had a meeting the other day with world market prices, then it is not about $35 a month, and that is great. one of the representatives of one of the shame on the pharmaceutical industry, But when we tried to put an amend- largest corporations in the United it is shame on us. ment on that said it could be $35 or States. They are spending $1 billion a b 1830 cost of living after that, that was de- year on prescription drugs. They are We are the ones that set that policy. feated. But the $35 a month adds up to spending $1 million a week on just one name-brand drug. I am very concerned We are the ones that let it happen. $420 a year in premium before they Unfortunately, I am going to be put about the glaring omission in this bill, even get to the copay. Mr. Speaker, in a position in the next day or two because we do not deal, I think, effec- under this plan, the seniors’ out-of- where I am going to have to make a tively with the most serious problem pocket expenses are adding up, but tough choice. I am going to have to their benefits are not. and that is the price. People cannot af- choose between staying loyal to my There are even more holes in the bill ford it. leadership or being loyal to what I that should cause great concern. Under Whether someone is on Medicare, and know is true. I hope I do not have to the legislation, private health care we are going to try to create this in- make that choice. plans can create a benefit that an actu- surance benefit, that will be good; but Ultimately, we cannot allow this ary can call an ‘‘equivalent’’ plan to what about a middle-aged parent try- chart to continue. Shame on us if we the Republican scheme. That means ing to support three kids and one of do. We are going to have an important that the insurance companies can cre- them gets a serious illness and needs vote here on the floor of the House, and ate any plan they want, any premiums, $1,000 a month worth of prescription I hope leadership is listening. We had a any deductibles, any copays as long as drugs? What are we going to do for tough vote today on trade. But if Mem- an actuary deems it an ‘‘equivalent’’ them? Well, the answer is, almost bers really believe in free trade and plan. nothing. open markets, then come down here to Under this plan, the health insurance Let me talk about the differences be- the well of the House. Come down here, companies could go to an actuary, such tween what Americans pay. I have used Mr. Speaker, and tear town this wall. as Arthur Andersen, with a plan and this chart so much that it is starting Allow Americans to have access to have them sign off on it and sell it as to get frayed and worn out, but let me world drugs at world market prices. a Medicare product. There is no guar- just give a couple of examples. The time has come for Americans to antee that a private plan would look Glucophage, a very important drug. A stop subsidizing the starving Swiss. anything like the Republican proposal. person does not have to be a senior cit- Let us have free markets and lower Finally, I want to focus a moment on izen to have diabetes in the United prices, and then we will be able to af- a point that seniors will be thinking States. Twenty-seven percent of our ford to give Americans the kind of cov- about. The Republican plan relies on expenditures for Medicare are diabetes erage that they deserve.

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.126 pfrm12 PsN: H26PT1 H4032 CONGRESSIONAL RECORD — HOUSE June 26, 2002 IN MEMORY OF DISABILITY mittee on Employment of People With PRESCRIPTION DRUG BENEFIT RIGHTS LEADER JUSTIN DART, Disabilities. The SPEAKER pro tempore. Under a JR. As Chairman of the President’s Com- previous order of the House, the gen- The SPEAKER pro tempore (Mr. mittee, he directed a change in focus tleman from Oklahoma (Mr. SULLIVAN) KERNS). Under a previous order of the from its traditional stance of urging is recognized for 5 minutes. House, the gentleman from Illinois people to hire the handicapped to advo- Mr. SULLIVAN. Mr. Speaker, I rise (Mr. DAVIS) is recognized for 5 minutes. cating for full civil rights of people this evening to talk about an issue Mr. DAVIS of Illinois. Mr. Speaker, I with disabilities. Justin is best known that is very important to the First rise to pay tribute to a fallen leader- for the pivotal role he played in ensur- Congressional District of Oklahoma ship in the disability and human rights ing passage of the Americans with Dis- and all across America: the need for a community. Justin Dart, Jr., recog- abilities Act of 1990. prescription drug benefit for our sen- nized by many as the father of the iors. Americans with Disabilities Act, died As Co-chair of the Congressional During the last few weeks, the Re- this past Saturday, June 22. Mr. Dart Task Force on the Rights and Em- publican plan has been criticized by my was known by many Members of Con- powerment of Americans with Disabil- Democrat colleagues with a number of gress and by millions of Americans for ities, he once again toured the country half-truths about our plan. I have re- his inspirational leadership and deter- at his own expense to build grassroots ceived several calls from constituents mined efforts to open the doors of op- support for his landmark civil rights and family members who are scared portunity wider for all Americans. legislation. about the Democrats’ misstatement The grandson of the founder of the The sight of Justin in his trademark about higher prices for their prescrip- Walgreen drugstore chain and the son Stetson hat and cowboy boots was a fa- tions. They are using this issue for po- of a wealthy businessman, Justin was miliar sight to all Members of Con- litical gain during an election year. born in Chicago into a life of privilege. gress. He made what he called a very I ask the other side of the aisle to At age 18, however, his world view as difficult decision of conscience in 1996 please stop scaring my grandmother well as the world’s view of him was to and campaigned for the reelection of and millions of seniors who buy pre- change. Mr. Dart contracted polio and President Clinton, telling his followers scription drugs. For the past few became a wheelchair user. to get into politics as if your life de- months, I, along with several Members His concern for the civil rights of all pended upon it, because it does. of Congress of this body, have been vis- people first became apparent when he iting with seniors about their wants founded an organization to end racial In 1998, he received the Presidential and needs and a prescription drug ben- segregation as a student at the Univer- Medal of Freedom, the Nation’s highest efit. From these conversations, the sity of Houston. Justin also experi- civilian award. The revolution of em- House Republicans have developed a enced the misunderstanding people powerment Mr. Dart talked about ex- plan in line with helping seniors re- have regarding the capabilities of peo- tended far beyond the rights of people ceive coverage immediately. I ask the ple with disabilities when he was de- with disabilities to making the world a Democrats to stop scaring my grand- nied a teaching certificate upon com- better play for all humanity. mother and my constituents for polit- pleting college. Please hear, as I close, some of the ical advantage. In 1966, Mr. Dart traveled to Vietnam words that Mr. Dart addressed to a The House Republican plan is the to investigate the conditions of its re- group of us in his final public state- only plan that lowers drug costs for habilitation system and had an experi- ment a few weeks ago at a rally for the seniors through best-price competition ence which caused him and his wife, passage of the Micassa bill. ‘‘Listen to and the promotion of generic drugs. Yoshiko, to dedicate the rest of their the heart of this old soldier. As with all Recently, the Health and Human Serv- lives to the advancement of human of us, the time comes when body and ices Department released a study that rights for all. Instead of rehabilitation mind are battered and weary. But I do shows an average senior would save centers for children with polio, he not go quietly into the night. I do not nearly 70 percent of the money spent found squalid conditions where chil- give up struggling to be a responsible on their current coverage under the dren had been abandoned on concrete contributor to the sacred continuum of GOP plan. The liberal Democrats say floors. He was confronted with a young human life. I do not give up struggling our plan is a meaningless benefit that girl who reached out, held his hand and to overcome my weakness, to conform protects the pharmaceutical industry, gazed into his eyes as she lay dying. my life, and that part of my life called but studies done on this issue say just ‘‘That scene,’’ he would later write, ‘‘is death, to the great values of the human the opposite. burned forever in my soul. For the first The Republican plan uses a best-price dream. Let my final actions thunder of time in my life, I understood the re- competition model that will lower the love, solidarity, , of empower- ality of evil, and that I was a part of dollar amount through competition, ment. I adamantly protest the richest that reality.’’ cutting into the pharmaceutical com- culture in the history of the world After several years of building a pany’s bottom line. I ask Members on which still incarcerates millions of hu- grassroots movement and advocating the other side of the aisle to stop scar- mans with and without disabilities in for the rights of people with disabil- ing the Nation’s seniors. barbaric institutions, back rooms and ities in Texas, Justin Dart was ap- The House and Senate Democrat worse, windowless cells of oppressive pointed in 1981 by President Reagan as plans fail to use any competition meas- perceptions, for the lack of the most el- Vice Chair of the National Council on ures. Instead, the Senate plan calls for ementary empowerment supports. I Disability. He and his wife embarked a copayment on the prescriptions. Sen- call for solidarity among all who love on a nationwide tour at their own ex- iors would pay $10 for generic drugs, $40 justice, all who love life, to create a pense during which he met with activ- for name-brand drugs, and the govern- revolution that will empower every ists in all 50 States and helped lead the ment would pick up the rest of the single human being to govern his or Council in drafting a national policy cost, regardless of the price. that called for civil rights legislation her life, to govern the society and to be Without price competition, the to end the centuries-old discrimination fully productive. I die in the beautiful drugmakers will be able to dictate and of people with disabilities. This policy belief that the revolution of empower- raise their price whenever they want. laid the foundation for the eventual ment will go on. I love you so much. And of course the Democrats want the passage of the Americans with Disabil- I’m with you always. Lead on. Lead American taxpayer to pick up the tab ities Act of 1990. on.’’ on the price difference. This could po- Mr. Dart held leadership positions in Mr. Speaker, Justin Dart was truly a tentially cost Americans more than a both the Reagan and Bush administra- great American, and I join with mil- trillion dollars. I call on the Democrats tions, first as Commissioner of the De- lions around the country who are inter- to stop scaring my grandmother and partment of Education’s Rehabilitation ested in the empowerment of people millions of seniors in our Nation who Services Administration and then as with disabilities to extend condolences are looking for a workable plan from the chairman of the President’s Com- to his wife and family. Congress. This is not a political issue.

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.128 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4033 It is a life issue important to seniors 23 percent in May, with a 44 percent not in the public interest. I urge the throughout our Nation. I urge Members growth in revenue over the last year. administration to listen to the Amer- to support the House Republican pre- Over the years, and particularly since ican people and respond with a scription drug plan. the terrorist attacks of September 11, thoughtful, sensible plan to keep Am- f Amtrak ridership in the Northeast Cor- trak going. ridor has decreased traffic at the air- The SPEAKER pro tempore. Under a f previous order of the House, the gentle- ports, providing another option for peo- ple to travel for business and pleasure. woman from Texas (Ms. JACKSON-LEE) AMTRAK is recognized for 5 minutes. We should reward, not punish, this good service with increased Amtrak in- The SPEAKER pro tempore (Mr. (Ms. JACKSON-LEE of Texas ad- KERNS). Under a previous order of the dressed the House. Her remarks will vestment. Indeed, every G–8 country knows the value of investing in mass House, the gentleman from Oregon (Mr. appear hereafter in the Extensions of BLUMENAUER) is recognized for 5 min- Remarks.) ground transportation. All of them support their national passenger rail utes. f system. Amtrak is held to a double Mr. BLUMENAUER. Mr. Speaker, I too would like to continue the discus- KEEP AMTRAK RUNNING standard as no other segment of Amer- ica’s transportation system is forced to sion this evening on the future of Am- The SPEAKER pro tempore. Under a meet the capital and operating needs trak. There is a rumor going around previous order of the House, the gen- without substantial government finan- the Capitol that Senator BYRD has put tleman from Massachusetts (Mr. cial assistance. Amtrak has responded together a rescue that ties together the TIERNEY) is recognized for 5 minutes. to the growing expectations placed on supplemental, the debt ceiling vote Mr. TIERNEY. Mr. Speaker, I have the passenger rail carrier since Sep- with resources that will keep Amtrak the honor of representing the North tember 11; and Congress should, too. going. If that rumor is true, I say good Shore of Massachusetts; and, like America needs better energy and en- for Senator BYRD for making it happen, many of my colleagues, I am deeply vironmental policies. Rail service con- but I say shame on Congress and the concerned about a possible Amtrak serves energy as compared to other administration for making it necessary shutdown and the effect on my con- forms of intercity transportation. A for yet another extraordinary step to stituents. I am doubly troubled by the 1999 Congressional Research Service re- keep America’s passenger rail system fact that this situation was avoidable port determined that general aviation going. and totally unnecessary. Congress is uses more than three times the energy This is sadly part of the 30-year his- now being asked to step in and help used by Amtrak. Passenger rail service tory where Congress and numerous ad- after the administration failed to take generates less air pollution and less en- ministrations have done their best to action. ergy than the airplane and the auto- dismantle and slowly bleed Amtrak to Mr. Speaker, 23,000 workers across mobile. This is even more significant death. What is perhaps most remark- the country fear job losses. A shutdown in high-density areas. able, Mr. Speaker, is not that we may will mean lost jobs for thousands of Mr. Speaker, let us compare Amtrak be able to rescue Amtrak from being employees already demoralized by with investments in airports and high- shut down this week, but that despite years of wage deferrals and wage ways. Overall, our highways, aviation the system that has been inflicted upon freezes that have left Amtrak workers and mass transit programs receive al- them, they continue to exist and rider- among the lowest paid in the industry. most $57 billion in annual government ship continues to increase. A thousand jobs have been lost already investments, but Amtrak only receives It was a rather bizarre deal we saw in in the past months, as Amtrak has cut 1 percent of that. $571 million is slated 1997, an exercise in denial on the part corners in the absence of government for fiscal year 2003. of the then-majority parties in Con- support. We cannot allow additional gress where they mandated in the last jobs and benefits to be lost. b 1845 reauthorization a program under which Local commuter rail riders have Amtrak has only received $25 billion for the next 5 years Amtrak would be- voiced their fears about being left in Federal funding over the past 30 come self-sufficient. Part of that deal stranded by a possible Amtrak shut- years in comparison with $750 billion was that Congress, the Federal Govern- down. Failure to act now will mean spent on highways and aviation during ment, would supply adequate resources suspension of Amtrak service in the that same period. We can and we to deal with the capital requirements busy Northeast Corridor, and this will should do better. for Amtrak, not unlike what happens jeopardize commuter rail services for While administration critics propose in other industries where the United Massachusetts’ communities such as to shut down Amtrak because not States, for instance, provides the infra- Lynn and Salem in my district, not to every route is self-sufficient, we should structure for aviation. There are now mention the likely permanent loss of note that the airlines received $150 mil- some in the administration and sadly the system’s long-distance trains. lion this year alone in Federal funding some in Congress who are arguing, Amtrak’s current financial difficulty to provide air service to 80 cities where Shut it down. It is not self-supporting. is a result of unwise and unattainable passenger revenues were insufficient to They did not keep the deal. congressional goals established in 1997 support the provision of service. Am- Well, Congress provided less than that forced unfortunate managerial trak is a bargain by comparison to half of the money that was authorized. choices and undermined Amtrak’s fi- that. In no year did we provide the full cap- nancial viability and access to capital. That is why I join my colleagues and ital allocation. Yet despite that, de- Congress realized it made a mistake asked appropriators to provide suffi- spite that, we have seen ridership in- and has since repealed the 1997 require- cient supplemental funding to keep the creases that is not just passengers with ment that Amtrak file a plan for its trains running. The administration train nostalgia. In the Pacific North- own liquidation if it not achieve oper- seeks to privatize, their solution for west, we have seen almost three-quar- ating self-sufficiency by the end of 2002. government programs they just do not ters of a million people ride the Cas- Unfortunately, the damage has been like, from Social Security to prescrip- cades rail corridor last year. Ridership done, and it is imperative that Con- tion drugs, all the way to mass trans- has increased sixfold over the last 8 gress correct its public policy mis- portation. The fact is, privatization is years. We have heard about the situa- adventure. We are at the point where not the answer. We only have to look tion that is taking place with ridership Congress has to step in and offer some at the tragic accidents, delays and sys- increases here in the eastern corridor. assistance. tem failures in Great Britain to know And all of us in Congress are well As today’s Boston Globe reports, that privatization does not work. For aware that if it were not for Amtrak, ‘‘Rail shutdown would be a slap to the the security of our commuters, our that sad week of September 11, without region. Amtrak ridership is on the in- workers, our environment and our Amtrak, if people were relying on their crease.’’ The article notes that rider- economy, we must keep the trains run- SUVs and waiting for the grounded ship in the Northeast Corridor was up ning. Shutting down Amtrak is clearly planes to travel, that there would have

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.129 pfrm12 PsN: H26PT1 H4034 CONGRESSIONAL RECORD — HOUSE June 26, 2002 been one traffic jam from the Alexan- seen in the growing violence in the old boy as a suicide bomber to try to dria suburbs to New Haven, Con- Middle East of Palestinian terrorists blow up a bunch of buildings that ulti- necticut. But we had Amtrak, and we deliberately targeting Israeli children. mately collapsed and killed, I think, 13 did not have that desperate situation. As we all know, there has been a tre- Israeli Defense Forces. They have sent We have also had people take to the mendous increase over the last 20 other teenage suicide bombers. It is floor and talk about what is happening months in the number of deaths, fatali- very, very clear, at least in my opinion in the Midwest and with the Texas ties and woundings from these suicide and based on my review of this issue, Eagle down through the South. Mr. bombers, homicide bombers. But what that they not only are targeting chil- Speaker, we find that every adminis- is particularly disturbing is what I see dren, Israeli children, but they will tration since President Nixon was in as an emerging trend in all of this to even kill their own children for the office have underestimated Amtrak’s specifically try to target children. purpose of furthering their political customers who continue to ride, often I want to show to my colleagues here agenda. not just the underfunded system and a picture and talk about these two It is my opinion, Mr. Speaker, that often-uncertain service, but in some young people. The first one I want to this is reprehensible. This is horrible. cases the equipment has been deplor- talk about is this baby over here, This is beyond the pale. Some people able. These same passengers deserve Shalhevet Pass. Shalhevet was lit- will try to justify this, claiming that better treatment from us. They include erally in her stroller being pushed by they have no choice, that they have to people who ride in rural communities. her parents when a Palestinian sniper resort to this. We should never allow They are people increasingly in the opened fire on the family. What is very, this sort of thing to go on. I think it is tourism and resort activities where very disturbing about this particular perfectly justifiable for the Israeli Gov- people are traveling the rails for pleas- incident is that, and this was based on ernment to reoccupy the Palestinian ure. There are thousands of the investigation after the event, it ap- territories. Land for peace has not businesspeople who are involved with peared as though the Palestinian snip- worked. It has actually led to even these critical corridors. In fact, we are er who was shooting at them from a more violence. The Palestinians have finding that each and every day in the hill specifically targeted the baby and to do what the President said. They New York City area, Amtrak controls targeted the baby first. This baby was need to abandon violence. They need to the flow of 1,100 trains and more than shot by a gunshot wound to the head abandon these suicide attacks. They 300,000 passengers in and out of that while in a stroller. need to establish democracy before we city. The next one I want to talk about is will ever have lasting peace in the Mid- Despite a lack of clarity, the admin- this little girl right here, Danielle dle East. istration, and we have called them Shefi. A Palestinian gunman broke f time and again when they have ap- into the family home. The mother had peared before us on rail-related activi- retreated into the children’s bedroom. AMTRAK ties, our rail subcommittee in the Com- She was with two brothers, and the The SPEAKER pro tempore. Under a mittee on Transportation and Infra- Palestinian gunman first shot Danielle previous order of the House, the gen- structure has asked the administration and killed Danielle, then proceeded to tleman from Massachusetts (Mr. repeatedly, they have been in office shoot the mother and the two brothers. MCGOVERN) is recognized for 5 minutes. now a year and a half, what is their po- The mother and two brothers managed Mr. MCGOVERN. Mr. Speaker, I wel- sition? What is their plan? How can we to survive. If you look at some of the come the opportunity to speak on a work together? We have received no re- other trends in these Palestinian at- very real national crisis we will face if sponse. tacks, there was a suicide or homicide we fail to fully and properly fund Am- Mr. Speaker, we have developed a bi- bomber who attacked a discotheque trak. Contrary to the administration’s partisan alternative under the leader- filled with young people. Over and over rhetoric, this is not a case of the boy ship of the gentleman from New York again it appears as though the Pal- who cried wolf or Chicken Little claim- (Mr. QUINN), the Chair, and the gen- estinians are specifically attacking ing the sky is falling. Make no mis- tleman from Tennessee (Mr. CLEMENT), children. take, an Amtrak shutdown for any the ranking member. It has been sup- The Palestinians tried to claim in length of time, however temporary, ported by over 162 Members in this their defense that the Israeli Defense will be disastrous for this country, not body, a broad bipartisan coalition. It Forces are just as bad, that they shoot only for interstate business/leisure has a majority of the Senate ready to Palestinian children and they made travel but for daily commuter travel as move forward with ongoing programs quite a big deal about a particular well. that will get us through this year, not case. It involved the death of a 12-year- In my home State of Massachusetts, with a Band-Aid but in a way that ac- old Mohammed A-Dura during an ex- Amtrak is under contract with the tually enhances operation and security change of gunfire between the Israeli Metropolitan Boston Transit Authority and puts us in a good position for the Defense Forces and Palestinians. This to provide commuter rail service to next Congress for full reauthorization. little boy was killed. He got in the thousands upon thousands of working We should not be held ransom for a crossfire somehow. The Palestinians people who depend on Amtrak to get to $205 million loan guarantee condi- claim that the Israeli Defense Forces and from their jobs each and every day. tioned upon meeting some vague prin- specifically targeted Mohammed. The An Amtrak shutdown will paralyze our ciples that, to the extent to which you IDF did a review. This is not part of mobility and the economy right along can determine them, would be destruc- Israeli policy, obviously, to attack with it. These commuters will be tive. I strongly urge, Mr. Speaker, that children. They claimed, based on their forced on to already overcongested we move forward, that we deal with the review, that it was impossible for the highways, exacerbating public safety funding this year and be in a situation Israeli Defense Forces to have killed problems and adding to environmental in the next Congress when we can reau- this young boy. The Palestinians, of pollution. thorize surface, reauthorize aviation, course, dismiss this as propaganda, but The worst part of the situation, Mr. reauthorize rail. Give it the package what was very interesting is German Speaker, that we find ourselves facing that the American public deserves. public television decided to do an inde- is that the solution has been known to f pendent review, and they based this on the administration for months. Am- the ballistics, the angle of entry of the trak’s management has clearly and VIOLENCE IN THE MIDDLE EAST bullet into the boy, that it was impos- consistently said that Amtrak will The SPEAKER pro tempore. Under a sible for the Israeli soldiers to have have to shut down if the administra- previous order of the House, the gen- killed that boy, but that he was actu- tion does not take swift, deliberate ac- tleman from Florida (Mr. WELDON) is ally killed by the Palestinians. tion to provide the $200 million it needs recognized for 5 minutes. Some people may say this is hard to to operate in the short term. Mr. WELDON of Florida. Mr. Speak- believe, that the Palestinians would The administration’s response to this er, I rise this evening to speak to the shoot a Palestinian boy, but let us imminent crisis has been to do noth- very disturbing trend that we have keep in mind that they sent a 10-year- ing, absolutely nothing, nothing but

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.132 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4035 posture and engage in a reckless game ministration to expeditiously and fa- and the Northeast in particular, and of brinksmanship. The administration vorably respond to Amtrak’s request. that is the survival of Amtrak. continues to cling to the myths pro- Amtrak services well over 500 cities For 31 years the Amtrak rail system moted by the Amtrak Reform Commis- and towns throughout the Nation and has provided an essential service to sion that privatization of many of the is a safe, efficient, and affordable mode millions of Americans, providing safe, lines is necessary. We all know that of transporting millions of Americans reliable travel at an affordable price. It privatization of our rail system will to work and leisure activities each has sought to balance competing public not work, and if anyone has any doubt year. service and commercial objectives, but about that, they should call our friends The events of September 11 clearly has never been given adequate re- in Great Britain where delays and safe- underscore the need for an alternative sources to deliver either objective ty problems are rampant due to privat- mode of transportation to air travel. In fully. And now, without an immediate ization. the 8 months since the 9–11 attacks, infusion of $200 million in emergency We also know that none of our trans- Amtrak ridership has remained strong, funds, an Amtrak shutdown could portation systems operate without despite a weakened economy, signifi- occur within days. This will cause seri- Federal support. In fiscal year 2001, our cant reductions in travel and tourism, ous disruptions for commuters and highways received more than $33 bil- and steep declines in domestic air trav- travelers everywhere. lion in Federal funding. The airline in- el. The fact is, funding for Amtrak is dustry received $13 billion in regular In my own congressional district, the not simply an issue of transportation. funding and a $15 billion bailout. In the city of Richmond, Virginia, has in- It is an issue of economics, commerce, same fiscal year, Amtrak received $521 vested over $48 million in the restora- and livability. In my State of Connecticut, Am- million, which represents less than 1 tion of the historic Main Street Sta- trak’s service is a vital component of percent of all Federal transportation tion. Amtrak will be a major provider daily life, as it is to thousands of cities spending and far less than the $1.2 bil- of service; and after 10 years of plan- and towns along the east coast. Over 1 lion it needs to properly operate. ning, the first phase of renovations is million Connecticut citizens rely on now finally under way and trains are Amtrak annually, 370,000 in my home- b 1900 expected to begin stopping at the Main town of New Haven alone. So many Nevertheless, on the eve of a national Street Station within the next 6 to 8 people there rely on Amtrak to com- crisis, the administration has said that months. it does not want to go above last year’s mute to work from New York City. Mr. Speaker, passenger rail service is Others rely on it to bring commerce funding level for Amtrak. an essential component to our plans to and tourism into cities without com- Mr. Speaker, instead of walking away create a multimodal transportation muter airline service. In the Northeast, from Amtrak, instead of turning our center at the Main Street Station, and people travel Amtrak because it is, backs on the men and women who work an Amtrak shutdown will leave a sig- quite simply, the most convenient and for Amtrak, this administration should nificant gap in our region’s transpor- time-efficient method of traveling from be running to invest in a national pas- tation network. city to city, alleviating the heavy senger inner city rail system to com- A shutdown of Amtrak will also lead rush-hour traffic faced by so many plement our aviation and highway sys- to the possible halt in other linked commuters today. In doing so, it is a tems. Rail is regarded as the cheapest, services, including the Virginia Rail- major contributor to reducing emis- most energy-efficient, environmentally way Express, which transports 12,000 sions that contribute to respiratory ill- sound, comfortable and reliable mode riders each day, many coming into nesses like asthma. That helps us keep of travel. It is the preferred mode of Washington, D.C. on rail rather than our air clean and our children healthy. travel by thousands and thousands of adding to the congestion on Interstate Amtrak means jobs as well. They Americans. Ridership in this country is 395. own and operate a rail yard in New rapidly increasing, and the potential is Mr. Speaker, each year, this Congress Haven, Connecticut, where mainte- unlimited. America deserves a first- appropriates significant dollars in the nance and equipment repair take place. rate passenger rail system; and accord- way of subsidies to our highways and One can only imagine how busy they ingly, Amtrak deserves to be fairly national aviation system; yet we fail to are, given the continual underfunding funded, both now and in the future. provide the same level of support and of Amtrak. All in all, Amtrak employs Therefore, I urge my colleagues to commitment to passenger rail. A re- nearly 700 employees in Connecticut join me in supporting H.R. 4545 to keep sponsible Federal investment in our alone. Amtrak and America moving forward; Nation’s passenger rail system is long Since September 11, I might add, and I urge the Bush administration to overdue. I believe this Congress is Americans are looking for alternatives stop the politics, to stop the posturing ready to work toward that end; but in to commercial airlines; and despite our and do the right thing: give Amtrak the short term, I urge the administra- best efforts to make our airline secu- the resources it needs to run. tion to make available the resources rity the best in the world, many Amer- f that Amtrak needs to sustain its na- icans still fear for their safety. Amtrak The SPEAKER pro tempore (Mr. tional operations. has proven that it is a viable transpor- KERNS). Under a previous order of the f tation alternative. With so many concerns regarding air House, the gentlewoman from New The SPEAKER pro tempore. Under a traffic congestion, from safety to over- York (Mrs. MALONEY) is recognized for previous order of the House, the gen- crowded skies, it simply makes sense 5 minutes. tleman from Maryland (Mr. CUMMINGS) that we have in place an alternative (Mrs. MALONEY of New York ad- is recognized for 5 minutes. mode of transportation that will allevi- dressed the House. Her remarks will (Mr. CUMMINGS addressed the ate the stress currently on our air traf- appear hereafter in the Extensions of House. His remarks will appear here- fic controllers and our airline security Remarks.) after in the Extensions of Remarks.) forces. The fact is, more choices means f f less risk to our people, less stress, healthier communities and, thus, a SUPPORT FOR AMTRAK LOAN SUPPORT EMERGENCY AMTRAK more livable region. GUARANTEE FUNDING For over 3 decades, funding for Amer- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a ica’s passenger railroad has nearly previous order of the House, the gen- previous order of the House, the gentle- been enough to keep the system oper- tleman from Virginia (Mr. SCOTT) is woman from Connecticut (Ms. ating on a year-to-year basis, which recognized for 5 minutes. DELAURO) is recognized for 5 minutes. prevents it from meeting its long-term Mr. SCOTT. Mr. Speaker, I rise today Ms. DELAURO. Mr. Speaker, I rise to public service mission, not to mention in support of a $200 million loan guar- speak on a matter of utmost impor- its capital obligations. antee for the Amtrak national pas- tance for the transportation, economic, The administration’s budget for Am- senger rail system and to urge the ad- and environmental needs of our Nation, trak requests $521 million for 2003, less

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.134 pfrm12 PsN: H26PT1 H4036 CONGRESSIONAL RECORD — HOUSE June 26, 2002 than half of what Amtrak says it needs the world that has a need for quality Mr. Speaker, I would encourage to meet its long-term and short-term rail passenger service, and America is Members of Congress and the adminis- financial needs. Sadly, this amount not unlike any other industrialized Na- tration as well to act quickly, not po- would only maintain the current level tion that is required to undergird fi- litically, but quickly, for the benefit of of funding and represents less than half nancially its passenger rail service. the families who rely on us as Members of what Amtrak needs. The President and lawmakers, the of Congress and who rely on the sup- The fact is that the Federal Govern- United States Congress, must come to- port that we have already shown that ment dedicates resources for highways, gether quickly to prevent the economic we provide for other entities in our Na- airlines, airports, runways for capital and human hardship that would result tion so that we can go forward. We can- improvements. Despite the popular from an Amtrak shutdown. That hard- not afford the luxury of being a super- myth, Amtrak has no such luxury. Am- ship would be suffered by Amtrak power in our mind and not allowing trak is expected to pay for capital and workers and their families. It would be America to, in reality, be one by hav- track improvements, new cars, repairs most harsh, and the damage to our ing a first-class passenger rail system. and maintenance. With only a fraction economy would be a calamity. It is up to us, Mr. Speaker, to sustain We have heard over and over and of the Federal subsidies for airlines and Amtrak. over, Mr. Speaker, in these Chambers highways, Amtrak is expected to do a during this Congress how imperative it f lot more with a lot less. is to provide an economic stimulus for 1915 Recently, I sent a letter, along with b corporate America to ensure the con- 161 of my colleagues, asking Congress HISTORICAL OVERVIEW tinuation of jobs and to provide em- to fully fund Amtrak at $1.9 billion. ployment for unemployed workers The SPEAKER pro tempore (Mr. This funding includes $1.2 billion in across this country. Yet we are here to- KERNS). Under a previous order of the Federal funding for capital and oper- night begging and pleading with the House, the gentlewoman from Ohio ating expenses, as well as $375 million powers that be to support Amtrak, (Ms. KAPTUR) is recognized for 5 min- for much-needed rail security projects which indeed needs economic stimulus utes. across the system, and $400 million for for the benefit of the continuation of Ms. KAPTUR. Mr. Speaker, not sur- life-safety improvements in Amtrak employment of America’s citizens, the prisingly, in this election year the Re- tunnels along the northeast corridor. citizens who have worked long and publicans are attempting to portray We are asking for $200 million to be hard over the years to do a good job themselves as the protectors of Social made available immediately. If we can and have done a good job, and they Security; and many of our women col- move heaven and Earth in order to pro- have taken care of their families and leagues tonight, led by the gentle- vide the airlines with $15 billion with they have been taxpayers across this woman from California (Ms. very few strings attached, as we did country. MILLENDER-MCDONALD) and the gentle- last fall, surely we can find $200 million Recently, Amtrak CEO David Gunn woman from Illinois (Ms. SCHAKOWSKY) to keep Amtrak running when so many said if Amtrak did not receive a $200 and the gentlewoman from Florida people rely on it. million loan immediately that it would (Mrs. THURMAN) and the gentlewoman Failure to provide the necessary have to begin shutting down oper- from California (Ms. WOOLSEY) will be funds will not only mean the suspen- ations. discussing this more. sion of Amtrak service in the busy Mr. Speaker, it is imperative that we During my 5 minutes, what I would northeast corridor and the likely per- build a world-class passenger rail sys- like to do is put some history on the manent loss of long-distance trains; it tem in the United States. We cannot record. will mean that thousands of com- wait for highways and airports to be- First, the Republicans have advo- muters around the Nation will be come so overwhelmed that they too cated mailing out fancy but meaning- stranded; loss of production, loss of $1 can no longer operate, and we cannot less guarantee certificates to Social million for communities and compa- continue to hold the millions of Ameri- Security beneficiaries this year at a nies in areas where these areas need cans who rely on passenger service in cost of $16 million to the taxpayers, the services. It is unacceptable. limbo while we refuse to provide Am- and each million that would be needed Mr. Speaker, Amtrak is too impor- trak with adequate funding. We must to produce and mail these certificates tant to our communities to let die. It also engage in long-term planning to would pay for the processing of maybe needs reforms. Let us do it in a real- address future passenger transpor- 1,400 disability claims. istic timetable that does not ignore the tation growth and show some fore- When it started to come out how needs of millions of Americans. Con- thought in crafting transportation so- they wanted to waste the money on gress and the administration must send lutions, not wait for this impending those kinds of phony certificates, and a clear signal that they will not allow crisis to turn into an outright disaster. that proposal literally flopped, Repub- Amtrak to go bankrupt. Let us give Following the terrorist attacks of licans have sought other forms of polit- them the $200 million that it needs. September 11, 2001, and the aftermath ical cover but to no avail. So now they which followed, we found that we were have moved into the avoidance mode f vulnerable in our society and in our and are simply dodging Social Secu- The SPEAKER pro tempore. Under a economy when our transportation rity, blocking key legislation from previous order of the House, the gentle- choices were limited and our mobility coming to this floor. woman from Missouri (Ms. MCCARTHY) severely diminished. After the Federal The American people deserve to hear is recognized for 5 minutes. Aviation Administration grounded all the details of the Republicans’ privat- (Mr. MCCARTHY of Missouri ad- flights following the terrorist attacks, ization plans for Social Security before dressed the House. Her remarks will travelers turned to Amtrak. The rider- the election. That is why I signed the appear hereafter in the Extensions of ship of Amtrak has skyrocketed. Reve- Democratic discharge petition to bring Remarks.) nues have risen up to 20 percent, and this vital debate to the floor. It re- f the ridership has increased over 8.2 per- quires 218 Members of the House to cent. This shows that Amtrak does sign that discharge petition to bring up SUPPORT FULL FUNDING FOR work and that it will continue to work the bill. AMTRAK if the United States Congress and the Now, realistically, will the Repub- The SPEAKER pro tempore. Under a President is about the business of licans allow these bills to come for- previous order of the House, the gentle- quickly responding to the needs of Am- ward? Well, let us see. Probably not, woman from Indiana (Ms. CARSON) is trak, not unlike the way that it did for because the Republican leadership of recognized for 5 minutes. our airline industry when we provided this House knows that Democrats will Ms. CARSON of Indiana. Mr. Speak- a $5 billion grant to that industry and stand against privatization and expose er, I rise tonight to join my colleagues $10 billion additional resources in the their risky and flawed plans for what in urging quick support for Amtrak to event that our airline services decided they are. avert its collapse. The United States is that additional resources were needed Truly, Republicans have always had not unlike any industrialized Nation in to be guaranteed by this country. trouble believing in Social Security

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.139 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4037 and have a long record of opposition to Every week since we have come on serve this shabby treatment from this our Nation’s premier social insurance the floor, that is up over $6 billion from President. program. Let me put this on the last week. They keep going into the It is time for the administration to record. trust fund to give money away to CEOs step up to the plate and make a deci- Beginning with the original Social like Kenneth Lay, who, believe me, sion about Amtrak based on what is Security Act when the ranking minor- owes us money. The Social Security re- good for the traveling public and not ity Republican member of the Com- cipients of this country and the tax- what is best for the right wing of the mittee on Ways and Means was Rep- payers owe him nothing. Republican Party and the bean resentative Allen Treadway, a Repub- Democrats believe Social Security is counters at OMB. lican from Massachusetts, he led the a compact of trust between genera- I represent Crescent City, Florida, attack here in Congress, in the House, tions. We will continue to fight against where we recently experienced a trag- offering a motion to delete the old age the Republican raid to ensure that So- edy when an Amtrak auto train de- and unemployment insurance programs cial Security’s existence will continue railed, killing four and injuring hun- and stating that he would vote, and I for generations to come. Democrats dreds of others. Soon after that, we ex- quote, ‘‘most strenuously in opposition have always believed in Social Secu- perienced another derailment in to the bill at each and every oppor- rity, and we always will. Gainesville that injured many more. tunity.’’ f Florida depends on tourists for its At that time, 95 of 103 Republicans economy, and we need people to be able voted along with Representative CONGRESS HAS AN OBLIGATION to get to this State safe so they can Treadway to gut the original act. That TO THE TRAVELING PUBLIC TO enjoy it. Ever since September 11, more was 92.2 percent of the Republicans. SUPPORT AMTRAK and more people are turning from the But they failed because there were The SPEAKER pro tempore. Under a airlines to Amtrak, and they deserve more Democrats that believed that we previous order of the House, the gentle- safe and dependable service. should lift those in poverty who are woman from Florida (Ms. BROWN) is Some people think that the solution seniors to a level at least of subsist- recognized for 5 minutes. to the problem is to privatize the sys- ence and to dignity in their retirement Ms. BROWN of Florida. Mr. Speaker, tem. If we privatize, we will see the years. first of all, let me just say that I am same thing we saw when we deregu- Now, Republican opposition in the here to discuss Amtrak, but I not only lated the airline industries. Only the Senate was also pronounced, with a support Amtrak, I have loved the lucrative routes will be maintained, majority of Senate Republicans voting trains ever since I was a little girl. I re- and routes to rural locations, I say to with Senator Hastings to delete the re- member when I was a little girl, the Members who represent rural areas, tirement program from the Social Se- Silver Meteor used to come right by will be too expensive and too few. In curity Act. As we all know, the Act my house. The question that we have other words, they will cut these areas went on to pass both Chambers and was in this country is whether or not we out if we privatize it. signed into law by Democratic Presi- support passenger rail. Mr. Speaker, I was in New York dent Franklin Roosevelt on August 14, Let me just say before I get started shortly after September 11 when the 1935. that there is no form of transportation plane leaving JFK crashed into the But Republican opposition to Social in this country or anywhere that sup- Bronx. I, along with many of my col- Security was not limited to the old age ports itself. Whether we are talking leagues in both the House and Senate, and unemployment provisions. In 1956, about the airline industry, whether we took Amtrak back to Washington. 38 of 44 Senate Republicans voted are talking about trucks, roads, buses, This isn’t about fiscal policy, this is about against an amendment to restore the none of them support themselves. So providing a safe and reliable public transpor- disability insurance program to the the question is whether or not we sup- tation system that the citizens of this Nation bill. That was 861⁄2 percent of the Re- port passenger rail service, or whether need and deserve. Lets stop this crisis now, publicans in the Senate not wishing to we are going to let it fall apart and before it is too late. include the disability insurance provi- leave this country’s travelers and busi- Mr. Speaker, we have an obligation sions, which are the lifeline for mil- ness people with absolutely no alter- to the traveling public to support Am- lions and millions of people who have native form of public transportation. trak. been stricken in their families with ill- Without the $270 million Amtrak Ms. MCCARTHY of Missouri. Mr. Speaker, I ness or with injury. needs to keep operating, we will soon rise in strong support of providing Amtrak a In 1965, when Medicare Part A and B see people that rely on Amtrak to get loan guarantee or supplemental funding in were created, when President Lyndon to their work each day waiting for a order to keep our national rail system from Johnson was President and led this train that is not coming. shutting down. Since 9/11, many travelers fight for health care for our seniors, 128 This Congress absolutely must pro- have opted to use rail transportation as an al- of 165 House Republicans, or 77.6 per- vide funds to avert a shutdown of Am- ternative to flying. A shutdown would cause cent, three-quarters of them, voted to trak. We continue to subsidize high- serious disruptions for commuters and trav- recommit the bill and replace it with, ways and aviation, but when it comes elers nationally, and to local economies across guess what, a voluntary system. Have to our passenger rail service we refuse America. we heard this before? to provide the money Amtrak needs to Amtrak is critical to my constituents in Kan- Most recently, Republicans have bro- survive. This issue is much bigger than sas City and to the people of Missouri. Mis- ken their repeated promises, voting just transportation; this is about safe- souri has four Amtrak trains: two Missouri seven times on the issue to ensure ty and national security. Not only Mules that travel between Kansas City and St. that, as they say, every penny of Social should we be giving Amtrak the money Louis and the two Ann Rutledge trains that Security will be locked away in a it needs to continue to provide serv- travel between Kansas City, St. Louis, and lockbox. Instead, they have drained the ices, we should be providing security Chicago. These trains are integral to tourism budget, even as we stand here tonight, dollars, money to upgrade their tracks and commerce in our state. with tax breaks for the super rich and and improve safety and security meas- This year, the Kansas City station has had are plundering the trust funds of Social ures in the entire rail system. approximately 60,000 passengers, the St. Security over the next 10 years by Once again, we see the Bush adminis- Louis station has had over 74,000, the Jeffer- nearly $2 trillion. tration’s too-little, too-late policy. I son City station has had more than 41,000, So every week I am coming down am surprised they have not suggested a Hermann’s station has had over 11,000, and here to the floor to take a look at the tax cut to solve this problem. Instead, the Warrensburg station has had 11,000 plus grade on the Social Security trust they are trying to take money from passengers. fund. I call it the debt clock. As of the hard-working Amtrak employees Amtrak has proven to be an extremely con- today, Republicans have raided now who work day and night to provide top- venient method of transportation for the busi- $223,945,205,479 from the Social Security quality service to their passengers. ness traveler. Missouri state officials commute trust fund, which averages now about These folks are trying to make a living on the train to work at the State Capitol in Jef- $796 per American. for their families, and they do not de- ferson City. Many Missouri business travelers

VerDate 11-MAY-2000 04:14 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00107 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JN7.142 pfrm12 PsN: H26PT1 H4038 CONGRESSIONAL RECORD — HOUSE June 26, 2002 commute between Kansas City to St. Louis to from my state rode Amtrak last year—and 80 acy, proposing $500 million for Amtrak for FY avoid airport and highway congestion. This rail thousand daily commuters ride New Jersey 2003 when it needs $1.2 billion. This is unac- system has played a significant role in helping Transit, that would be effectively shut down if ceptable and would only continue to allow Am- reduce congestion at Lambert International the signaling and operators that Amtrak pro- trak to wither on the vine. Airport in St. Louis by providing routes from vides are closed. President Bush’s recent proposal that Am- Kansas City to St. Louis and throughout the The passenger rail system in my state, my trak make a quick profit and be spun off to pri- Midwest. region, and our country provides hubs of job vate corporations is a nonstarter. First, no The stop in Warrensburg Amtrak station creation, commercial development, and com- passenger rail service in the world—including provides an affordable transportation route for merce, especially in revitalized urban centers every subway system—operates without sub- Central Missouri State University students and smaller communities between major cities sidies. Second, Amtrak was created because from across the state. This station also pro- without an airport or other means of mass dis- the private railroads asked that they no longer vides 10,000 military personnel and civilians tance travel. The loss of commerce for even a be required to operate passenger rail service access to Whiteman Air Force Base which single day closing would be enormous—and in because it was unprofitable. If passenger rail maintains the Air Force’s premier weapon sys- some cases devastating. service was not profitable for railroads to run tem, the B–2 bomber. So I say again: we’re not talking about three decades ago, I do not see how it could Individuals traveling on the Missouri routes tracks and trains, we’re talking families and be profitable now. are able to visit many sites including the: re- towns and cities and livelihoods. Amtrak is not The American people deserve an alternative stored historic Kansas City Union Station, Tru- some disembodied entity—it’s an integral part to driving and flying. If the President refuses to man Presidential Museum in Independence, of the communities it serves. We need imme- lead. Congress must step in and keep the American Jazz Museum in Kansas City, Mis- diate action, and we need it now, but we also trains running on time. souri State Capitol and Governor’s Mansion in need this Administration to start getting seri- Mrs. MALONEY of New York. Mr. Speaker, Jefferson City, Hermann’s wineries and fa- ous about a real, long-term solution that en- Amtrak is an institution that we must preserve. mous Octoberfest activities, Lewis and Clark sures the smooth continuation of passenger Now is not the time to turn our backs, and Territory, and the restored St. Louis train sta- rail service—not just a rehash of the Amtrak deny the emergency aid that we need to keep tion by the landmark Arch. Reform Council’s proposal to largely privatize this service running. Amtrak officially began Amtrak has been forced to run a national the system and separate infrastructure owner- service on May 1, 1971, when Clocker no. 235 system with insufficient financial support since ship from operations, which has been tried departed New York’s Penn Station at 12:05 its creation. Approving $200 million in emer- and failed elsewhere. Besides, the nation’s a.m. bound for Philadelphia. This very same route is traversed by Amtrak trains several gency funding is essential and timely. The fed- railroads are adamantly opposed to giving times daily, transporting thousands of pas- eral government has provided subsidies for all other entities the access rights to their tracks modes of transportation including our nation’s sengers who depend on this service. that Amtrak currently has. So to the Adminis- Mr. Speaker, as you well know, Amtrak has airports, highways, riverways, and buses. No tration I would say: get serious and start deal- announced the imminent shut-down of oper- comparable national passenger rail system in ing with reality. ations to begin in one week. Amtrak is our na- the world has operated without subsidies, and We need this Administration to be involved tional passenger rail service. I have joined the no system has ever succeeded without sub- not just when we are at a crisis point—not just effort by signing a letter to the Appropriators stantial public capital investment. I urge my days before the system could go under—we asking for $200 million in supplemental appro- colleagues to support emergency funding for need long-term thinking, long-term planning, priations in order to keep Amtrak in business. Amtrak in order to maintain and reform Amer- and a real commitment to make sure America Were Amtrak to shut down, the consequences ica’s national passenger rail system. has the passenger rail service it deserves. would be far more widespread than merely af- Mr. MENENDEZ. Mr. Speaker, we’re not Mr. DINGELL. Mr. Speaker, many of my col- fecting long-range service. This shut down talking about tracks, or trains, or rails, or sta- leagues have spoken about the importance of would be disastrous to commuters, as such tions—we’re talking about people—their jobs, Amtrak to the Northeast Corridor, or to the commuter lines as Virginia Railway Express their families, their lives. And I am sick of peo- small towns throughout the country that do not and MARC in the Washington DC area, and ple playing politics with it. In a modern nation, have access to air travel. However, Amtrak is Shoreline East in Connecticut, all operate on in the greatest nation on Earth, passenger rail equally important to Michigan and the Mid- Amtrak tracks and use Amtrak crews. service is not a luxury, it’s a necessity for the west, where it provides competition to the air- Each day, 60,000 passengers travel on Am- millions of people who use it to get to work, lines and links major cities, alleviating conges- trak, and 24,000 travel between New York and to get to clients, to create new business, to tion on roads and in airports. Washington, DC alone. The entire Northeast meet friends, to see family, to take a vacation, Americans have chosen to ride Amtrak at Corridor would be crippled by a shutdown of to enjoy the Holidays. increasing rates. Between 1996 and 2001, Amtrak service. America needs reliable, affordable, efficient systemwide ridership grew from 19.7 million to Mr. Speaker, when service first began in rail service—for all these reasons. All over the 25.3 million. Last year, Amtrak served over 1971, Amtrak had merely 25 employees. world, passenger rail service is a comfortable, 500,000 people in Michigan, many of whom Today, Amtrak provides employment for over popular, reliable mode of transportation, espe- are my constituents. It is important that Con- 24,000 workers. Amtrak’s future is an issue cially between cities that are two to four hours gress let President Bush know that Amtrak that must be resolved. Mr. Speaker, we in apart—like and London, Tokyo and must be kept running. Congress must be adamant about guaran- Osaka, and New York and Washington. The Passenger rail service should not be teeing to Amtrak that we will not let it fall. same should be true of travel between cities stopped in its tracks, especially as riders begin Congress must also resolve to adopting a like Orlando and Miami, Atlanta and Charlotte, to receive the benefits of Amtrak’s roll out of long-term strategy of reform for our nation’s Chicago and St. Louis, and Los Angeles and high-speed service. Amtrak owns 96 miles of passenger rail system. Congress must be sure San Diego. track in Michigan in the Detroit-Chicago high- that Amtrak can continue maintaining, and up- At a time when roads are increasingly speed corridor. Amtrak, the Federal Railroad grading its fleet of trains. A quick fix cannot be clogged, when air travel is strained, wisely in- Administration, the State of Michigan and pri- misconstrued as being a long-term answer. vesting in rail service is the right thing to do, vate industry have invested in upgrading this Mr. Speaker, I do not stand alone when I and the smart thing to do. But this Administra- corridor. The ultimate goal of this high-speed say America needs Amtrak. Yes, we need a tion has been asleep at the switch—and if project is to reduce the total time between De- strong and reliable passenger rail system. Amtrak fails, if we lose passenger rail service, troit and Chicago from the current 6 hours to With improvement, Amtrak would be much it will be because this Administration didn’t 3 and one-half hours. In January 2002, 90 cheaper to maintain than constructing new air- think it was important enough—tell that to the mile-per-hour service began on a segment of ports and highways. Rail stations, are far more parents who won’t be able to get to work to the Amtrak owned right-of-way. Additional environmentally friendly than airports, and put- support their families; tell that to the busi- speed increases over the entire length of the ting more cars on our highways. Terminating nesses that won’t be able to get to their cli- Amtrak-owned line are planned for later this Amtrak will mean a serious loss to metropoli- ents; tell that to the grandchild who won’t be year. This is the first significant increase in tan areas as New York and Chicago. The loss able to get to her grandmother’s house; and passenger rail speed above 80 miles per hour of train service will lead to increased auto- tell that to the union worker who loses his or outside the Northeast in 20 years. mobile traffic into downtown areas from the her benefits. Amtrak has been woefully underfunded suburbs. Passenger rail service is very impor- As of last year, Amtrak employed 1,736 since it was created in 1971. The Bush Ad- tant to maintaining and improving pollution lev- people in my state. Almost 4 million people ministration has continued this unfortunate leg- els. Without commuter rail service, the number

VerDate 11-MAY-2000 04:14 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JN7.061 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4039 of cars that already pack New York City’s voting on this week and with some par- iors. Vote for me and I will get you a crowded streets would greatly increase. ticular interest in the high cost and prescription drug benefit. There was Pollution and transportation are not issues skyrocketing cost of prescription drugs not anybody running for any office at limited to the northeastern corridor. These are in this country. the Federal level that did not say that. national issues, as well. Amtrak is also a na- Mr. Speaker, I yield to the gentle- Well, those seniors, people in our own tional issue. People all over the country ride woman from Illinois (Ms. families, are still waiting in line for on the passenger rail service Amtrak provides. SCHAKOWSKY), who is a valuable mem- that prescription drug benefit. We are Mr. Speaker, Amtrak is worth maintaining. ber to our caucus and has been actively almost through an entire session of We must also recognize that it is in involved in the area of prescription Congress, and there still is not a pre- Congress’s power to step in and fix this prob- drugs. scription drug benefit. They have been lem. Ms. SCHAKOWSKY. Mr. Speaker, I bumped out of their place in line by the Mr. Speaker, this issue needs our attention thank the gentlewoman from Florida airlines who we bailed out a very short and it needs it now. Congress must pass an for yielding to me, who has been such time after September 11. They have aid package that gives Amtrak the tools not a great leader on an issue that is so im- been displaced from their place in line only to survive, but also to excel. portant to the 39 million people who by a very few rich dead people when we f are on Medicare. Those are the elderly excused them from the estate tax. And and persons with disabilities. now as the front of the line appears REPORT ON RESOLUTION PRO- A lot of times we come to the floor closer and closer, maybe they are get- VIDING FOR CONSIDERATION OF and we talk about people that are in ting there, what they are offered up by H.R. 5010, DEPARTMENT OF DE- our districts or people that we have the Republicans is a sham and not a FENSE APPROPRIATIONS ACT, heard about or issues that affect some plan, a bill that was written by the 2003 segment of our society, but not so drug companies and for the drug com- Mrs. MYRICK, from the Committee often do we come to the floor and talk panies that does nothing to control the on Rules, submitted a privileged report about a problem that affects so many high cost of prescription drugs, pro- (Rept. No. 107–536) on the resolution (H. people that also directly impacts our vides no guaranteed benefit, there is no Res. 461) providing for consideration of own families. predictable premium or copayment, no the bill (H.R. 5010) making appropria- The issue of the high cost of prescrip- guarantee even that any insurance tions for the Department of Defense for tion drugs is hard to escape from, re- company will even offer them the the fiscal year ending September 30, gardless of the income or the position chance to purchase a plan. 2003, and for other purposes, which was of one’s family. I found, much to my A former member, Bill Gradison, who referred to the House Calendar and or- surprise, sometime ago that my family was president of the Health Insurance dered to be printed. was not immune from this particular Association of America from 1993 to crisis. 1998, criticized the GOP private market f One day I got an e-mail from a cousin approach to prescription drug coverage REPORT ON RESOLUTION PRO- of mine that said, ‘‘The reason I am saying, ‘‘I am very skeptical that ‘drug VIDING FOR CONSIDERATION OF writing you today, I saw you on C– only’ private plans would develop.’’ H.R. 5011, MILITARY CONSTRUC- SPAN giving a speech on prescription So even those people who are associ- TION APPROPRIATIONS ACT, 2003 drugs.’’ He said, ‘‘I thought you would ated with the insurance industry think that there is not going to be such a Mrs. MYRICK, from the Committee be interested in my mom’s story.’’ This plan available. That is what the Repub- on Rules, submitted a privileged report is also my cousin, his mother. ‘‘The last couple of years of my dad’s licans have offered up. (Rept. No. 107–537) on the resolution (H. The Democrats on the other hand, we Res. 462) providing for consideration of life, he was relying heavily on all sorts of heart medication and other prescrip- have a plan that does provide a guaran- the bill (H.R. 5011) making appropria- teed benefit, that is absolutely going to tions for military construction, family tion drugs to keep him going and main- tain a quality of life.’’ lower the cost of prescription drugs, housing, and base realignment and clo- will lower the cost by enabling the Sec- sure for the Department of Defense for b 1930 retary of Health and Human Services the fiscal year ending September 30, Well, Mom kept on putting those to negotiate a lower price for senior 2003, and for other purposes, which was drugs on their credit cards. How else citizens, that says that all the bene- referred to the House Calendar and or- were they going to pay for them? With ficiaries of Medicare, our group just dered to be printed. Social Security? I do not think so. like an HMO or the Veterans Adminis- f Well, anyway Mom did everything tration, and they will negotiate a lower she could to make sure Dad got his REPORT ON RESOLUTION PRO- price for senior citizens, and lower the meds. When Dad passed away in Janu- VIDING FOR CONSIDERATION OF amount of out-of-pocket costs. ary 1998, Mom was left with a moun- But women, women are the ones who MOTIONS TO SUSPEND THE tain of credit card debt. The Tuesday are most affected, that are most hurt RULES after his funeral, she had to declare by the high cost of prescription drugs Mrs. MYRICK, from the Committee bankruptcy. It just does not seem fair. just like my cousin was who had to de- on Rules, submitted a privileged report But if you ask Mom, she would do it all clare bankruptcy. Out-of-pocket spend- (Rept. No. 107–538) on the resolution (H. over again to have a few more days ing on prescription drugs by seniors is Res. 463) providing for consideration of with Dad. the single largest out-of-pocket health motions to suspend the rules, which As we the baby boomers get older and care component after premium pay- was referred to the House Calendar and the cost of prescription drugs is sky- ments. ordered to be printed. rocketing, something needs to be done Older women spend more out of pock- f to curb the drug companies. It cannot et on prescription drugs on average all be for recouping R and D. Somebody than do older men regardless of the THE SKYROCKETING COST OF PRE- is gouging somebody. type of supplemental insurance cov- SCRIPTION DRUGS IN AMERICA This e-mail was sent to me almost erage they have. Women on Medicare The SPEAKER pro tempore. Under exactly 2 years ago today. And at that without supplemental benefits spend the Speaker’s announced policy of Jan- time there was not a candidate running almost 40 percent more on prescription uary 3, 2001, the gentlewoman from for office, particularly for Federal of- drugs than men, and men are spending Florida (Mrs. THURMAN) is recognized fice, who was not promising that some- too much. Older women are less likely for 60 minutes as the designee of the thing was going to be done about that than men to have employer-sponsored minority leader. high cost of prescription drugs. Oh, prescription drug coverage. Women Mrs. THURMAN. Mr. Speaker, to- yes, elect me and I will go to the White without drug coverage spend more out night we have a group of women here House or I will go to the Congress and of pocket on drugs than men. On aver- who are very concerned about the pre- I will pass a prescription drug benefit age older women fill more prescrip- scription drug benefit that we may be for senior citizens. Do not worry, sen- tions than men each year regardless of

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.064 pfrm12 PsN: H26PT1 H4040 CONGRESSIONAL RECORD — HOUSE June 26, 2002 whether they have prescription drug of their reach. They simply cannot af- I thank the gentlewoman, and I ap- coverage. Older women without pre- ford them. Nowhere is this problem preciate the opportunity. scription drug coverage on average more apparent than in my district in Mrs. THURMAN. Mr. Speaker, I ap- have 18 prescriptions filled in 1 year southern Nevada. preciate the gentlewoman’s concern compared to 14 for men. Southern Nevada has the fastest and her participation in tonight’s Spe- So this is a problem that impacts all growing senior population in the cial Order. Medicare beneficiaries, all old, every United States. When I go home every It is now my privilege to yield to the American, but particularly falls the weekend, my seniors tell me about the gentlewoman from North Carolina hardest on women. And I know that my drugs they are taking, the medications (Mrs. CLAYTON), someone who I have colleagues here, the women here, today they need. They tell me how much they valued over the last 10 years, somebody are going to talk about how the Demo- cost, and they tell me how difficult it who came in with me, and somebody I cratic plan is going to directly address is and what difficult choices they have served with on the Committee on Agri- the needs of the elderly, and particu- to make. Do they cut the prescribed culture, and someone all of us in this larly elderly women; and we will go doses to make the medicine last House respect for the work that she has into that. longer? Do they take their medicine done. We are all very sad that she has But I would just like to say that if every day? Every other day? Do they made a choice to go home, but I have anybody thinks that their families, pay their rent? Do they pay their elec- met her husband T.T., and I certainly their own relatives, their own parents tric bills? Do they buy groceries, or do understand. I am glad to have the gen- or grandparents and aunts and uncles they buy medicine? tlewoman here today. and cousins are immune from the run- We have to do better as a Nation. We Mrs. CLAYTON. Mr. Speaker, I away costs of prescription drugs, think have to do better. We must enact the thank the gentlewoman for her leader- again. If my cousin had not sent me prescription drug benefit under Medi- ship, and I thank her for yielding and this e-mail telling me about the bank- care. Our seniors are demanding it. Our her remarks. ruptcy in my own family, I would not seniors deserve it from their elected Mr. Speaker, I rise today to remind have known because my cousin was too representatives. They are counting on my colleagues of a promise made by proud to tell anyone in the family that us to honor our promises, our cam- Members and the Presidential can- this is what was going on. paign promises to provide affordable didates of both parties only a little less So I am just happy to be part of a prescription medication under Medi- than 2 years ago. We all agreed that great group of women who are here care, where it belongs, to older Ameri- the rising costs of prescription drugs today to stick up for and to go to bat cans. had reached critical mass and that it for all of the women who really need This legislation, the legislation that was forcing many Americans, particu- the Republican majority is sponsoring our help with the true prescription larly our senior citizens, to make is a sham. It is not a prescription medi- drug benefit under Medicare. I thank choices they should not, in their golden cation benefit. It is a press release, and the gentlewoman for yielding to me. years, be forced to make. Mrs. THURMAN. Mr. Speaker, I it is a campaign ad. Their so-called But I also would like to point out thank the gentlewoman and certainly benefit is complicated, and it is not that what the Republican leadership is guaranteed. There are gaps in the cov- appreciate the story that you told just now getting around to offering is a erage and it will do nothing, absolutely about your cousins because there are choice that really is no choice. They nothing to lower the prices of prescrip- hundreds and thousands of stories like have tied two issues that really should tion drugs. Their plan will not get the that throughout this country, and it be dealt with separately. One is the job done for our seniors. prescription drug plan that is deficient puts a face on why this issue becomes The majority bill also does a terrible at best and probably is dead on arrival so important to us in this Congress. disservice to our Nation’s Medicare At this time, I yield to the gentle- in the Senate. The second matter is in- providers. If the Republican majority woman from Nevada (Ms. BERKLEY) cared one wit for Medicare patients, for creasing reimbursements to rural hos- who has been a continued voice of rea- their doctors, we would pass a free- pitals and medical facilities by Medi- son from her experience and the experi- standing bill to restore Medicare reim- care to better reflect the costs of pro- ence from her own State, and we are bursements to doctors and other health viding a better service which I support certainly glad that she is here to en- care providers. Our doctors and health but not in this bill. And especially as a gage us and give us some idea of what care providers, our nurses, our hos- co-chair of the Rural Caucus and the has been happening and happened and pitals, other health care providers, are member of the Rural Health Caucus, why some of these plans just will not being deceived and they are being hurt we know the devastation that rural work. by being thrown into the middle of this hospitals are suffering. So they need Ms. BERKLEY. Mr. Speaker, I thank divisive issue. By attaching the Medi- this reimbursement. the gentlewoman from Florida (Mrs. care reimbursement to a useless sham So they have tied these two issues to- THURMAN) and the gentlewoman from of an insurance based prescription bill, gether with their Medicare Moderniza- California (Ms. MILLENDER-MCDONALD), the Republicans have unfortunately tion and Prescription Drug Bill. The the cochair of the Women’s Caucus for doomed both. Republican leadership pits struggling organizing this Special Order. I am for a prescription drug benefit health care facilities against strug- I am here to discuss an issue that is that is comprehensive, affordable and gling seniors. In this, the majority absolutely crucial to seniors across guaranteed. I am for a benefit that will party shows us the height of their cyni- America, Medicare coverage for pre- provide uniform coverage for every cism and the depth of their partisan scription drugs. This is one of the most senior in America no matter where politics at the same time. That is quite important issues that Congress will they live or what their income. It does a feat, unfortunately. It would do noth- work on this year. This is a defining not matter if they live in the State of ing serious to help solve our seniors’ issue. Who exactly do we represent in Nevada where we have a State pro- problems relating to access and afford- this body? Do we represent millions of gram. It matters that all seniors are ability when we understand what they older Americans or do we represent the covered throughout the United States. have provided. CEOs of the pharmaceutical compa- America’s seniors are depending on Now, it does do something, I have to nies? Seniors have the greatest need us to give them a benefit, the right say, in terms of the hospital. But it for prescription drugs. In many cases benefit. Let us act responsibly and give will not be enough to solve the finan- medicine is the most effective, perhaps them what they need, what they de- cial crises being experienced by our the only, treatment for illness; and yet serve, what they are counting on. hospitals and our clinics, particularly one-third of senior citizens do not have Our Nation is depending on us. They in rural areas, and as a result of inad- any prescription drug coverage at all. are looking to us to do the right thing, equate Medicare payments. This means that millions of seniors and it is time for us to step up to the The choices too many of our seniors in our country have no prescription plate, fulfill our campaign promises are forced to make result in the dif- drug insurance, and soaring drug prices and improve the lives of older Ameri- ference between life and death in a are putting necessary medications out cans in this country. struggle to juggle the very basics of

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.148 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4041 their life such as rent, utilities, food, their plight. I also have my senior citi- Then we have Richard A. Barasch, medicine and having those conditions zens calling me that this is insuffi- chairman of Universal America Finan- that senior citizens have to juggle each cient. cial Corporation, and he says, I do not time to make sure they are living. We should not be having these divi- think it is impossible but the odds are Disproportionately to men, this is sive fights by struggling rural hos- against it, insurance participation. In the common quandary in which senior pitals and struggling rural citizens. We fact, he is talking about the insurance women find themselves. Senior women are pitting them together. company’s participation. find themselves far greater in the quag- The leadership knows what it is Then we have Thomas Boudreau, the mire. First of all, women live longer doing. It is putting together a poison senior vice-president and general coun- than men. pill for us to swallow. This is no choice sel of Express Scrips, and he says, We because, indeed, my senior citizens are not enthusiastic about that ap- b 1945 should not indeed have to do this. proach. It is also a fact that cardiovascular We can do better, and we should do When we have these four to five ex- disease is the leading cause of dis- better, and the Republican leadership perts that are experts in prescription ability and death for women. Women knows this is indeed only a fight of ide- drugs and Medicare and they are say- have the highest incidence of diabetes, ology, not really a worthy fight of ing they have a problem with this Re- stroke, high blood pressure and choles- principle. publican drug bill, then it solidifies terol problems. There are also maladies I thank the gentlewoman from Flor- just what we Democrats have said all like Parkinson’s and Alzheimer’s dis- ida as well as the gentlewoman from along. This bill is flawed. This bill does ease, breast cancer, arthritis and oth- California for having allowed me to not speak to what the Democrats have ers, all of these requiring a lot of medi- participate in this special order on this in our plan that we call the Medicare cation. very special subject. Modernization and Prescription Drug As a result of years of gender pay in- Mrs. THURMAN. Mr. Speaker, I Act of 2002. This is a plan that is uni- equity and other factors, older women thank the gentlewoman from North versal, affordable, dependable and ac- are poorer than older men. Seventy- Carolina for her participation and her cessible, and in spite of all of those five percent of all elderly poor are wonderful information that she has fake things the Democratic plan has, it women. Older women are twice as like- shared with us here tonight. is voluntary. ly as older men to have incomes below I would like to now take some time When the gentlewoman from Florida $10,000. Sixty percent of all Medicaid to ask the gentlewoman from Cali- (Mrs. THURMAN) talks about that, I am beneficiaries are women, many wid- fornia (Ms. MILLENDER-MCDONALD) to happy to join her and the other Mem- owed; and among Medicare bene- speak. I know she has some words. She bers who have now come to the floor so ficiaries of all ages with incomes below has been a great leader on this, and she that we can talk about some of the sto- the poverty level, nearly 70 percent of has worked so well with the Women’s ries that we have, that we can bring to them are women. Caucus in trying to bring the issues the American people about the dif- Women are living longer than men and make sense of some of these things ference between the Democratic pre- with less money, usually on fixed in- that we are hearing about in potential scription drug plan and the Republican come and with more medical problems bills. I know tonight that we had espe- prescription drug plan. So I will turn it to deal with, therefore requiring more cially one Republican Member of their back to her. Then, of course, she will prescription drugs, but prices for these caucus that got up and kind of talked introduce the other two ladies, and we drugs are increasing at triple the rate about some issues that really kind of will get started on what the people are of inflation. go to the essence of part of our mes- telling us about the difference. According to a recent study by Fami- sage here tonight. So I would love to Mrs. THURMAN. Mr. Speaker, re- lies USA, which analyzed price in- yield to the gentlewoman from Cali- claiming my time, before we move on creases for the 50 most commonly pre- fornia. to that, because I think the gentle- scribed drugs for seniors over the last Ms. MILLENDER-MCDONALD. Mr. woman’s poster says what the experts year, for the last year, nearly three- Speaker, I thank the gentlewoman are saying about the Republican drug quarters of these drugs rose at least 11⁄2 from Florida for her leadership on this plan, one of the big differences that we times the rate of inflation and over issue. She has been absolutely front all need to recognize is that, under the one-third rose three or more times the and center with us on this very critical Democratic plan, seniors would have a rate of inflation. issue, an issue that is absolutely crit- new benefit under Medicare. Ten of the 50 most prescribed drugs ical and important to women, senior Let me repeat that, under Medicare, for seniors are generics, only 10 of women, seniors, and women as a whole. and that would look and operate like them. The average price for generic I was struck tonight by one of my the benefits they already get such as drugs is only about $375. However, the Republican colleagues who came to the hospitalization and physician care be- average price for the 40 that are not ge- floor, the gentleman from Minnesota cause we would use those same pro- nerically available is $1,103, three (Mr. GUTKNECHT), and he said some- viders that we use today. However, times that. thing to the effect that we know the very interesting, the Republican bill So women who have less money, less bill has problems, he says, about his can only guarantee private HMO-like income, more health problems, find Republican bill. He also said we must drug plans and will participate in every themselves having to rely on drugs do something serious about this crit- area we think almost by bribing the that are four and five times the cost of ical issue. It was amazing that he ad- taxpayer, because this is what they do. generics or they are not available. mitted to the fact that the Republican This goes directly to my colleague’s Helping our hospitals by modernizing bill has problems, but I want to turn poster, directly to her poster. To entice the payment schedule for medical serv- our attention to this chart I have be- plans to participate, the Republicans ices provided under Medicare and help- hind me, because this chart speaks vol- allow a giveaway to the private insur- ing our seniors cope with the costs of umes to the experts who have also spo- ers of up to 99.99 percent of the risk life-sustaining medicines that are spi- ken about their concerns about the Re- they would incur. In other words, in raling out of control are both worthy publican drug bill. areas of the country where private causes. We should be doing both but Bill Gradison, the former president of plans are worried they might not make differently. They have different objec- the Health Insurance Association of a profit, the government would guar- tives, and they should be separated in America, says, I am very skeptical that antee at least a minimal profit to the different bills. These two issues should drug-only private plans would develop. private insurers at taxpayers’ expense. be debated separately in order to spare Then we have John Rother, the pol- The GOP plan does not require that the people affected a divisive fight they icy director of AARP, and he says, the HMO-like insurers pass on the sub- did not pick. There is a risk of repeating the HMO sidies to the beneficiaries, directly to I have my rural hospital calling me experience. what they are saying. right now to tell me to vote for this These experts are talking about this First of all, we do not know that bill, and they know that I understand Republican drug bill. there would even be a plan that would

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.149 pfrm12 PsN: H26PT1 H4042 CONGRESSIONAL RECORD — HOUSE June 26, 2002 be offered. If there is not one, they are So when I think about my grand- Mrs. THURMAN. I yield to the gen- going to actually entice them at tax- mother, who I could write a check for tlewoman from Florida (Ms. BROWN). payers’ funding, similar to what we $91, I think about all the other grand- Ms. BROWN of Florida. Mr. Speaker, have done under Medicare Choice pro- mothers. We have a responsibility to I just want my colleagues to know that grams that have created all kinds of look out for the grandmothers who my grandmother cannot afford $3,800 a problems for us and, just as impor- cannot afford $91 a month for one pre- year. She is 96 years old. She does not tantly, in this plan we still do not give scription, and most people are taking have $3,800; and there lies the problem the authority of the Secretary to, in four and five. It does not make any because our seniors just do not have it, fact, negotiate and use the power of 40 sense. and I do not understand why these million Medicare beneficiaries to During the last election, and my col- other people do not get it. They are de- achieve greater discounts for seniors. leagues know the kind of hanky-panky ciding. They have to pay their rent, Guess what? This is proven. Look at that went on in Florida, but one thing they have to pay their mortgage, they the programs that we talk about up we do know for sure, that all of the have to buy food, and they just do not here. The gentlewoman from Florida candidates were saying that, if elected, have this kind of money. I do not un- (Ms. BROWN) can tell us. She is a mem- I will provide a prescription benefit for derstand. Since the Republicans have ber of the Committee on Veterans Af- the seniors. taken over, what they practice is what fairs. She has been an outspoken mem- I call reverse Robin Hood, reverse b 2000 ber on the Committee on Veterans Af- Robin Hood. When I was coming up, I fairs and, in particular, dealing with Well, let me tell everyone something. used to watch Robin Hood. Reverse, prescription drugs both at the VA level We have been waiting 2 years for that stealing from the poor and working and for our military retirees that we promise to be kept, and in the mean- people, and now our frail elderly, to have offered. She can tell my col- time we have had constant tax cuts. give tax breaks to the rich. leagues that the power of people, and We have had the terrorists operate; and Ms. MILLENDER-MCDONALD. Mr. when we put a number like 40 million if we are not careful, the seniors who Speaker, if the gentlewoman from people into the risk pool, the costs are cannot afford it will be the ones who Florida (Mrs. THURMAN) will yield, if I reduced. are left out in the cold. can just show this chart. As the gentle- She has done a fabulous job in this Mrs. THURMAN. Mr. Speaker, I want woman from Florida (Mrs. THURMAN) area, and I would love to hear some of to talk about that for just a second and laid out, the actual premiums and the her maybe comments and experiences what the gentlewoman from Florida comparison of the two bills showing that she has even had in that realm, (Ms. BROWN) talked about in the ben- that the Democratic plan is the better showing why it is so important that efit plan and particularly because it plan, this is how much the average sen- this goes under Medicare and not to was under probably a Medicare Choice ior will save. The Republican plan, private insurers. We are so glad she is program of some sort; and by the way, only 22 percent, compared to the Demo- here tonight, and we really do appre- the Medicare Choice plans would be cratic plan that they will save 68 per- ciate her leadership on this issue. covered under the Democratic plan. cent; and this is according to the CBO, Ms. BROWN of Florida. Mr. Speaker, There has been some conversation on the average senior will spend $3,059 on let me just say that I want to thank this floor over the last couple of days prescription medicine in 2005, the first the gentlewoman for yielding, but I saying they would not be able to keep year of any Medicare drug benefit. This want to also thank her for her leader- what they already have. That is not right here absolutely outlines by the ship on this matter. We both share the true. That is number one. Congressional Budget Office that the great State of Florida, and we also Number two, though, the gentle- comparisons are so stark that we can share the many problems. Being one of woman from Florida (Ms. BROWN) men- see that the Democratic plan abso- the oldest aging populations, we under- tioned a couple things that I think are lutely gives a better benefit to seniors stand what our seniors are going extremely important to point out. than that of the Republican plan. through, and we know we have got to Number one, under the Democratic Mrs. THURMAN. Mr. Speaker, one bring some relief from the Federal plan it is a guaranteed minimum ben- other issue that the gentlewoman from Government, because clearly both of us efit, that is guaranteed; and under the Florida (Ms. BROWN) brought up that I serve, she served in the Senate and I Republican plan it is not. Guaranteed also think is very important in this de- served in the House, we know that in lower drug prices, for Democrats the bate and quite frankly it is an issue Florida, just as in Washington, the answer is yes. For Republicans, it is that our Republican colleagues are only thing that is going on is tax no. Guaranteed monthly premium, that having, I can say from CongressDaily breaks, tax breaks, tax breaks, and not is a good thing. We think that is won- today, one is the cost issue. They are addressing the problems that our sen- derful. Ours would be $25 set in the bill. concerned about it. The gentleman ior citizens are experiencing. It says $25. In the Republican plan we from Minnesota (Mr. GUTKNECHT) came Let me just tell my colleagues about have no guaranteed monthly premium. on the floor and showed the compari- my experience. When we had our little What we have is a CBO estimate that son of what we do in this country as break in March, I went home. Just like it might be on an average premium of compared to the same cost of that drug all of us when we go home, we are $34, not set in the bill. Annual deduct- in another country, an industrialized going to do what we can to help out ible, again a most important part. The country which is important to appre- with our family; and so I am going to gentlewoman from Florida (Ms. BROWN) ciate and understand and the price go to pick up my grandmother’s pre- talked about her grandmother in issue but it is the pharmacist issue. scription. Of course, I went there, and March. Well, under the Democratic Let me tell a little story that I think I am ready with my money, and I am plan it says $100 deductible, period. makes a really good point. A couple of waiting for the prescription. I know Under the Republican plan it says $250 years ago, my mother, who lived with she pays this bill every month, $53, so or an amount that makes benefit actu- me, and I took care of her when she that she can get a reduction and with arially equivalent. I am not an actu- was sick and she was in Florida with an HMO. So I thought it would be a $10 ary; so I am not sure what that means, me during one of my breaks, she had or $15 co-payment, just like we have a but somebody will explain it. Co-insur- been at one of our teaching hospitals, co-payment of a small amount. ance paid by beneficiary per year, 20 Shands. I had brought her home after The amount of the bill was $91 for percent under the Democratic plan she had been in the hospital for a cou- one prescription. I could not believe it, until out-of-pocket cost is $2,000. Under ple of days, and they had said to me, $91. I talked to the doctor, and I want- the Republican bill, listen because we You know, Karen, we think these are ed to know, I talked to the pharmacist, have got to make this difficult, 20 per- some of the things we think are wrong, what is the problem, and what they cent for $251 to $1,000; 50 percent for and what we want to do is go ahead and told me was that her benefit had run $1,001 to $2,000; 100 percent of above put her on some medications, but we out. We are talking about March. $2,000 until out-of-pocket cost is $3,800. would like you to bring her back in Three months with this HMO, and her Ms. BROWN of Florida. Mr. Speaker, about 10 days to see how she is doing.’’ benefits had run out. would the gentlewoman yield? I said, okay.

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.151 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4043 So I go to the pharmacist, and I pick of the Medicare legislation that many voluntary card, imagine seniors having up the medicines. And I am not even of my colleagues are familiar with. accepted it, having become com- going to speak to the cost of the medi- I would like to, as I show them some fortable with it, that is, if it even cines, but my dad was military, so my very important facts in pictures to- works, and they get a few dollars off mother had always had the oppor- night, I would like to hold up a picture from it, and they hold this card in tunity to go to the bases to get her of President Johnson signing this legis- their hand and, all of a sudden there is medicines and she was in sticker lation in 1965. If we were to track the some analyst locked up in a room shock, I think, for the very first time aging of America, we would determine somewhere in corporate headquarters to see what the real cost of medicines that post-1965 our senior citizens have that says, you know what, they are not were for other folks, or for her friends. lived longer because of the implemen- making any money in Jacksonville, But listen to how important this was. tation of Medicare. And what we talk they are not making any money near Just leaving the pharmacist out of this about tonight is the component that Orlando or Houston, Texas, so shut it equation, which is another thing they will add to the life of seniors today who down. Then I have got thousands of do in this bill basically, because they are losing ground because so many of seniors without the ability to secure do not have to include the pharmacist, them now do not have a prescription their medicine. our local pharmacies, my pharmacist drug benefit. That is what we are talk- I want the American public to under- said to me, You know, Karen, I can ing about with the Democratic plan, a stand that this is a well thought-out give you the full month’s prescription benefit. That is quite the contrary process; and we believe, many of us, on this, and it will cost you X amount from a voluntary optional program that when we look responsibly at the of dollars, he said, but when does your which an individual can choose to par- tax cut, and I know there are many mom go back to the doctor to get a ticipate in. shades to the tax cut, but if we look re- checkup? And I said, Well, in about 10 Now, many of my friends have said, sponsibly, and we are talking about days we will take her back to see how and as many of my colleagues know, that major one that really just focused things are going. He said to me, You particularly the gentlewoman from in on 1 percent of the population, there know what. I will just give you a 10- or Florida (Mrs. THURMAN), we have been were other side-bar tax cuts, but it is 11-day supply. Why should I make you on this issue now for at least, I guess in that big one, and we believe when we pay for 30 days when they may end up our life, two or three terms, but 6 years look at that seriously we can find 64 changing her medication because it or more, and some even longer; and for percent of the people that would not be may not be doing what it is supposed many times during that time frame, we opposed to rolling back the tax cut to be doing. budgeted very responsibly, meaning that Congress passed last year and That 10-day supply was something Democrats, in preparing ourselves for using that money to provide a prescrip- that cost me less, cost my mother less; the expenditure. In fact, I want to cite tion drug benefit under Medicare for and more importantly, when she went for the record that last year, March seniors. to the doctor in 10 days, guess what, 2001, we had about $5.6 trillion in our So this dialogue tonight, and I thank they in fact did change and prescribe surplus. We were prepared for what this the gentlewoman from Florida for it, something different. And I just have to might cost. this dialogue tonight is not reckless, it say that that kind of a story is so im- I listened to the gentlewoman from is not an attempt to use what we do not have. It is, frankly, a recognition portant to why the local pharmacists Florida (Ms. BROWN) discussing her of really the concern we all have. And need to be involved in this issue, be- grandmother, and I took a tour of my I want to be responsible, but some- cause we depend on them. senior citizen centers and asked cou- Ms. BROWN of Florida. Mr. Speaker, ples and singles how many of them are times I visit my seniors and there is if the gentlewoman will yield on that cutting their prescription drugs, and panic. And I use that word only be- point. I had the Committee on Govern- hands went up; and how many of them cause I have seen it, the panic they ment Reform do a study in my district, are not taking the drugs or not taking might face by going one more month, one more day without a real drug ben- and we compared what the seniors in them in the right amount, and hands efit. the Third Congressional District of went up. There, right in front of my Florida pay. We pay 131 percent more eyes, was the undermining of their b 2015 for a brand-name prescription than health. Mr. Speaker, I simply say in closing other consumers and 98 percent more In addition, about 2 years or so ago, that I know the other body is dis- than consumers in Canada and Mexico. I was running around my district in a cussing this issue. We have to recog- Mrs. THURMAN. Reclaiming my panic because my seniors were in a nize the other body. Why pass legisla- time, Mr. Speaker, I want to get back panic. We were trying to answer con- tion in the House that has absolutely to that issue, because I want to talk cerns, because what had happened in limited chance in a compromise effort about an amendment that we offered to Texas was that HMOs had shut their in the other body? We are trying to get try to bring the cost down. doors, literally shut their doors. We legislation that is realistic and will an- But at this time I would like to take had seniors in Harris County who had swer the concerns of all seniors. the opportunity to invite the gentle- become reliably comfortable with I am disappointed that we cannot woman from Texas (Ms. JACKSON-LEE), HMOs, between 3 and 4 million people. come to a conclusion on something a valued Member of this body, who has Many of us, elected persons and others, that deals realistically with a guaran- been actively involved in this issue and begged HMOs either to come back or to teed benefit, and I might say protec- who I think has some information that stay. I remember us getting into nego- tion of our rural hospitals and urban we might have skipped over. So I would tiations where we asked if they could hospitals, taking care of some of the like to invite her into this discussion. stay an extra 90 days. My senior citi- formula problems that we have, there Ms. JACKSON-LEE of Texas. Mr. zens know what I am talking about. seems to be no reason why we cannot Speaker, I thank the distinguished gen- Their HMOs shut down on them. do this. I thank the gentlewoman from tlewoman from Florida (Mrs. THUR- My fear with the Republican plan, Florida (Mrs. THURMAN) for her leader- MAN), and might I acknowledge my this plan that is a card or some kind of ship. other colleagues, the gentlewoman membership, is that when we get to a I smile because lawyers have more from California and, of course, the gen- point and we find that it is not profit- than one closing, but this is a closing. tlewoman from Florida (Ms. BROWN) for able, and when I say ‘‘we’’ I mean those Women, I have been hearing this all their leadership, and particularly the who are engaged in this plan, when day long, have a greater use and/or areas of expertise that they all gen- they find it is not profitable, am I to need for Medicare drug benefit, not di- erate. expect that those pharmaceuticals will minishing the men, but we are finding I thought it would be helpful, as I shut their plan down? out that many older women are living was listening to my colleagues, to So I wanted to show another picture longer, and we are going to help with come to the floor and share some of the to say why this can be done and why it research to help men, living as widows messages and the concerns that I bring is imperative that we do this. Because without income, they are really suf- back from Texas, but also the history imagine becoming dependent on this fering. I think we can do better.

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.154 pfrm12 PsN: H26PT1 H4044 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Mrs. THURMAN. Mr. Speaker, I that the gentlewoman is getting are the difficulty that they are having thank the gentlewoman from Texas people who have been deceived and with their mother and her prescription (Ms. JACKSON-LEE) and her concern for misled. We need to clarify so they will drug costs. her constituents and the stories that know. I want to spend a second clari- I know that Members get e-mails and they have told the gentlewoman. fying. letters daily. I have one here. ‘‘Dear I do want to say one other thing. We The Republican bill covers less than Congresswoman Davis: I have only one are getting phone banked in our offices one-fourth of Medicare drug costs over request. That is to help us, families right now. I had a conversation with the next 10 years. The Republican bill with members who suffer from Alz- my staff this afternoon about this does not help with any drug cost be- heimer’s disease. Medicare does not phone banking. I asked what are they tween $2,000 and $5,600. The Republican cover my mother’s prescriptions, which saying. drug benefit is vague. They offer a is very costly, around $140 for 30 tablets They said, first of all, we get this standard suggestion for what private that she must take. Taking care of her phone call, and then all of a sudden plans might offer. In addition, their is really hard. Where are we going to there is a click and somebody is on the bill does not guarantee that seniors end with medication and treatment for phone. We say, this is the office of Mrs. will have affordable, and that is the this disease? We need your help soon.’’ THURMAN; and they say, I want you to keyword, affordable drug coverage. And another letter, ‘‘As retired peo- vote for whatever the bill number is on The House Democratic proposal adds ple and getting up in years, my wife this piece of legislation. a new Part D in Medicare that provides and I are spending an increasing share My answer is, I will be glad to vote voluntary prescription drug coverage of our income on medicine. I hope you on a Medicare prescription drug benefit for all Medicare beneficiaries beginning can find a way to help us with that but not one that is privatized. They in the year 2005. The Democratic pro- problem.’’ say, that is exactly what I want you to posal authorizes Medicare contractors Well, we are talking about that now, do. to obtain guaranteed reductions in and that is a good thing. The reason we Just remember, all of us standing prices. are here tonight is to talk about the here tonight are for a prescription drug The Secretary of Health will have the impact that this has particularly on benefit that is under Medicare. authority to use the collective bar- women. It is all about our priorities, Mr. Speaker, I yield to the gentle- gaining power of Medicare’s 40 million what is important to us and what do we woman from California (Ms. WATSON), members to negotiate prices on par- choose to fund. former ambassador, as well as a State ticular drugs. The basics are: $25 a We know that in America today over legislator, who has dealt with State month premium, $100 a year deductible; a quarter of women on Medicare, near- health issues in California and I know and beneficiaries pay 20 percent, Medi- ly 6 million women, lack any prescrip- had some very difficult times after care pays 80 percent and a copay; and a tion drug coverage at all. The average some propositions out there. $2,000 out-of-pocket limit per member woman, age 65 and older, lives nearly 7 Ms. WATSON of California. Mr. per year. That, Mr. Speaker, is the years longer than the average man, and Speaker, I thank the gentlewoman Democratic plan. That is not a Repub- she is typically widowed, living alone from Florida (Mrs. THURMAN). I thank lican maybe plan. and struggling to make ends meet on all Members who are making the case Yes, it has a price tag. But the Re- an annual income of $15,615, compared for our seniors and particularly those publican $1.6 trillion tax cut would pay to over $29,171 for men. It is nearly half who are women, because they rely for this program several times over. of that for men. more heavily on prescription drugs Just do the math. So that is why we come before the than the average American. Although Members should be able to respect House today to talk about how this im- they represent just 13 percent of the older Americans, and we need to be pacts women. We know that two-thirds population, they consume more than able to give aid to New Yorkers post 9– of Medicare beneficiaries with annual one-third of all prescriptions. Not only 11 and fight the terrorist threat at the incomes below the poverty level are do seniors use more drugs, they also same time. We can do it all if we were women and that a woman spends 20 rely on more costly medications. Drug not foolishly led to support a $1.6 tril- percent of her income each year on expenditures for seniors constitute 42 lion give-back to the wealthiest Ameri- out-of-pocket health care costs. percent of the Nation’s total. Seniors cans. I am committed, as I know Members with health insurance find themselves Mrs. THURMAN. Mr. Speaker, I here today are committed, to a fair without coverage for prescription drugs thank the gentlewoman. prescription drug plan under Medicare more often than not. Mr. Speaker, it is my privilege to in- that does not stifle innovation or More than 10 million Medicare bene- troduce the gentlewoman from Cali- eliminate choice in coverage. I want to ficiaries lack coverage, and millions fornia (Mrs. DAVIS) who is a freshman, help seniors afford the increasingly ex- more have inadequate and unreliable who was one of those out on the cam- pensive prescription drugs that they drug plans. Part of the solution to our paign trail when everybody was saying need to treat or prevent illness. current problem is the enactment of a we have got to have a prescription drug We know what is going to be before meaningful drug benefit within the benefit. We are so pleased that the gen- us does not have the access, has geo- Medicare program. tlewoman is here and is such an active graphic inequalities that do not work, I am from California, and I know voice on this issue. and has premium concerns that will some Members did not really under- Mrs. DAVIS of California. Mr. Speak- not work for our seniors. We need to stand what our substitute Democratic er, it is true when I was out on the develop the best comprehensive plan. proposal had in it. They said it will campaign trail we talked a lot about We need to develop a prescription drug hurt California. The only reason that health care. That is why it was so in- plan that provides our seniors with real perception was out there is because teresting to me a few months ago when benefits. An alternative does exist, and California has an excellent MediCal I was in Costco on the weekend with I hope that there will be an oppor- program where we offer about 32 to 35 my husband doing some shopping and I tunity to bring that to the House floor more benefits than are required under noticed that people were following me for discussion. Medicaid. That accrues to the Medicare around the store. I started getting a I thank the gentlewoman for bring- program as well. This proposal that is little nervous and finally stopped long ing these issues before us today. a substitute proposal or a supplemental enough for them to approach me. Ms. BROWN of Florida. Mr. Speaker, proposal will only benefit our seniors Basically what they said is that they I understand the family of the gen- in California, not hurt them. know that Congress has got to focus on tleman from Indiana (Mr. KERNS) is Republicans have proposed a bill to the war on terrorism, that that is our visiting with us in Washington here address the problem that is just plain priority, and I support the President in today, and I know that they are very, bogus. The American public must filter his efforts. Then they said, we under- very proud of you being the Speaker. I out the rhetoric and see the Republican stand that, but when is Congress going want to thank the gentleman for being plan and the Democratic substitute for to get back to talking about health here tonight as we conduct this very what they really are. The phone calls care? They proceeded to tell me about important debate.

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.156 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4045 Mrs. MALONEY of New York. Mr. Speaker, porations wallow in their spoils, seniors suffer against this Congress. In the latter I thank you, Congresswoman THURMAN for or- without coverage. case, he wished us to be ordered by ganizing this important special order on the Unfortunately, the brunt of the problem falls court immediately to rewrite the stat- need for prescription drug coverage. squarely on our nation’s olderly women, who ute, the statute he wished that we Medicare provides health care coverage to are nearly sixty percent of our senior citizens. would rewrite so that the words ‘‘under forty million retired and disabled Americans. We need to take care of America’s older God’’ would be deleted from the Pledge For decades, Medicare has worked to pro- women, we need to help all of our senior citi- of Allegiance. vide needed, lifesaving health care to millions, zens. I think because the Pledge is so fa- but it is missing a fundamental component: a Mr. Speaker, we must pass the Democratic miliar to us, particularly the Pledge prescription drug benefit. prescription drug plan without delay. It is built has been recited by so many so often in If we have courage, this Congress can on a proven model medicare. The Republican so many public ways, whether it be at make history and give our nation’s seniors plan only offers gap-ridden coverage. The Re- sporting events or public gatherings what they desperately need: a real, and mean- publican bill is about privatization. The Repub- since September 11, that it comes as ingful prescription drug plan. lican plan is all about election year politics. something of an unexpected surprise I am proud to joint my Democratic Col- For the sake of our seniors, we must pass that a court would rule this way. I will leagues, lead by Mr. DINGELL, Mr. RANGEL, Mr. the democratic plan, and we must pass it now. devote a brief portion of my brief re- STARK and Mr. BROWN, as an original cospon- f marks this evening to the substance of sor of the ‘‘Medicare Prescription Drug Benefit the question and, that is, whether or and Discount Act.’’ b 2030 not Congress, which was a defendant in I come to the floor this evening to discuss GENERAL LEAVE this case, was within its rights to write two points: the law as we did a half century ago; Number 1: unlike the Republican drug plan, Mrs. THURMAN. Mr. Speaker, I ask but I would spend most of my time the Democratic plan is simple because it unanimous consent that all Members drawing attention to what I consider to builds upon a proven model—Medicare. may have 5 legislative days within be the sloppy jurisprudence in this Just like seniors pay a Part B premium which to revise and extend their re- case. today for doctor visits, under our plan, seniors marks on the subject of my Special What is really at issue in what shall would pay a voluntary Part D premium of $25 Order. become a very well known decision of per month for drug coverage. For that, Medi- The SPEAKER pro tempore (Mr. Newdow v. U.S. Congress is the rule of care or the government will pay 80 percent of KERNS). Is there objection to the re- law. Precious little respect was paid to drug costs after a $100 deductible. And NO quest of the gentlewoman from Flor- precedent in this case, because many of senior will have to pay more than $2,000 in ida? the questions, procedural questions in- costs per year. There was no objection. deed, not just the substance here, There is an urgent need for this plan. The f many of the questions have already most recent data indicates that almost 40 per- NINTH CIRCUIT RULES PLEDGE OF been decided. But this court chose to cent of serniors—an estimated 11 million— ALLEGIANCE UNCONSTITUTIONAL decide the same questions differently, have no drug coverage. Problems are particu- and that lack of respect for precedent larly acute for low income seniors and seniors The SPEAKER pro tempore. Under raises questions about the rule of law over the age of 85 (the majority whom are the Speaker’s announced policy of Jan- in America, about the predictability of women). Additionally, those older Americans uary 3, 2001, the gentleman from Cali- the law, about the ability of any of us who do have coverage find that their coverage fornia (Mr. COX) is recognized for 60 to know in advance what are the rules is often inadequate for their needs. minutes as the designee of the major- to which we must conform our conduct. The Democratic plan is a real plan with real ity leader. Let me begin by just describing a lit- numbers, not estimates. Mr. COX. Mr. Speaker, I rise this tle bit about the case, a little bit about Point 2: the Republican Plan does nothing evening to bring to the attention of the the facts of the case. Newdow, the fel- to bring down the cost of prescription drugs. House the decision of the Ninth Circuit low who brought the lawsuit, is an The Democratic plan is the only plan that pro- Court of Appeals in the case of Michael atheist whose daughter attends public vides real Medicare prescription drug cov- A. Newdow v. United States Congress. elementary school in the Elk Grove erage for our seniors by stopping soaring drug This case, Mr. Speaker, even though it Unified School District in my State of costs. was decided by the Ninth Circuit Court California. In the public school that Under the buying power of Medicare, of Appeals only a few hours ago, has al- she attends, like many public schools, through competition and bargaining we can ready attracted considerable national they start the day with the Pledge of rein in drug costs. Prescription drug costs are attention. Indeed, it has drawn the Allegiance. too high for our older Americans. They need comment of the President of the But Newdow, according to the Ninth help now! United States. Circuit, does not allege that his daugh- For instance, look at Prevacid. Prevacid is The reason is rather simple. It is a ter’s teacher or school district requires an unclear medication, and the second most decision involving something that is his daughter to participate in reciting widely used drug by American seniors. The well known to all of us in this Cham- the Pledge. Rather, he claims that his cost for this prescription is on average ber, the Pledge of Allegiance. The daughter is injured when she is com- $137.54 per month in New York City—cut only Ninth Circuit Court of Appeals has pelled to watch and listen. That is $45.02 in the United Kingdom, a price different ruled that the Pledge of Allegiance, what this lawsuit is all about, accord- of 200 percent. written into statute a half century ago, ing to the Ninth Circuit. The gravamen Or look at Celebrex, a popular arthritis is unconstitutional. Of course this of the complaint is there is injury, that medication and a drug needed by many older Chamber is opened each day with a is the word that is used, and it is an women, especially, since older women are recitation of the Pledge of Allegiance. important word, as I shall return to in stricken more often than men by arthritis. Ac- Public schools across the country begin just a moment. There is injury when cording to a Government Reform Committee their day this way. Some Members and someone is required to be in the pres- report released by Mr. WEINER and myself, a some students may, if they choose, lis- ence of others who are reciting some- monthly supply of this drug costs $86.26 in ten or absent themselves, indeed, be- thing in which they believe. The New York City. In France, a monthly supply of cause there is no requirement of Mem- United States Supreme Court was Celebrex costs only $30.60. This is a price bers of Congress as we open our day asked to decide this question, this very differental of 182 percent. Seniors in New this way or of students that they recite question, in another case, Valley Forge York City without drug coverage must pay al- the Pledge. It is a voluntary act. Christian College v. Americans United most three times as much as purchasers in Nonetheless, a parent, Michael A. for Separation of Church and State, In- France. Newdow, of a student in a California corporated, 1982. Here is what the Prices for prescriptions have risen 10 per- public school, brought a lawsuit, one of Court said in the Valley Forge case: cent per years for the last several years, lead- several that he has brought, urging an ‘‘The psychological consequence pre- ing to over $37 billion in profits last year for injunction against the President of the sumably produced by observation of the giant drug companies. While these cor- United States and an injunction conduct with which one disagrees is

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.065 pfrm12 PsN: H26PT1 H4046 CONGRESSIONAL RECORD — HOUSE June 26, 2002 not an injury sufficient to confer bitrary. We have heard it said that we Indeed, it was pointed out in that con- standing under article 3, even though are a government of laws, not men. Yet nection and in other connections that the disagreement is phrased in con- what does it mean when it is essen- that is what the Pledge of Allegiance is stitutional terms.’’ tially a lottery? We roll the dice. We do about. If there is liberty for all, that Let me describe a little bit about not know how these cases are going to means we have to be free in our minds what the Court was saying here. The turn out in advance because it is up to as well as in our physical actions, and Court said there was no standing under the judges and their personal view. so we cannot be compelled to say we article 3. That is lawyer language One of the contests in constitutional believe something that we do not be- which means there was no case. The law, in constitutional interpretation, is lieve. A very important case. very jurisdiction of a Federal court re- between those who believe in what is But they went on. They said that it quires as a condition for proceeding to sometimes referred to as original in- was unconstitutional because it in- hear the facts and apply the law that tent, those who believe that what the vades the sphere of intellect and spirit there be an injury in fact, somebody be people who wrote it matters in inter- which it is the purpose of the first injured by the thing about which they preting the words, versus those who be- amendment to our Constitution to re- are complaining. And so that was a lieve in the Constitution as a living serve from all official control. It was threshold question that the Court had document, that the way we choose to the compulsory aspect of what was to decide here: Was this man, Mr. interpret those words in our time and going on in that case that bothered the Newdow, sufficiently injured person- place ought to govern. Court. The Court noted that the school ally by what was going on in this case, It is of some great consequence how district was compelling the students to particularly by the act of Congress, one answers that question, because the declare a belief and requiring the indi- which is what he was suing about? And Founders lived some time ago; and vidual to communicate by word and the Supreme Court said ‘‘no’’ in the whether or not one agrees with them or sign. Remember, the Pledge was ac- case of Valley Forge. They could not disagrees with them subsequently, in companied by a flag salute or a hand have said ‘‘no’’ in plainer terms, be- subsequent ages, at least what was set- over the heart. ‘‘The compulsory flag cause he pleaded in his action that his tled at the time becomes an objective salute and Pledge requires affirmation daughter’s teacher and the school dis- standard. And the Founders left us of a belief and an attitude of mind,’’ trict did not require his daughter to with an article in the Constitution, ar- those further words from the Court’s participate in reading the Pledge of Al- ticle 5, that permits us in our time and decision in the Barnette case. legiance. That was his allegation about place to amend the document if we de- The Court also said, ‘‘If there is any this case. Rather, he claims that his cide that it is too much of a tight col- fixed star in our constitutional con- daughter is injured when she is com- lar for us and we cannot live within stellation, it is that no official, high or pelled to watch and listen. those strictures in our place and time. petty, can prescribe what shall be or- So now let us go back to that lan- So is there anything about the first thodox, in politics, nationalism, reli- guage of the Supreme Court. The Su- amendment which is at issue here in gion or other matters of opinion or preme Court said, ‘‘The psychological the time of its drafting and what was force citizens to confess by word or act consequence presumably produced by on the mind of the Founders that can their faith therein.’’ observation of conduct with which one help us understand whether they disagrees is not an injury sufficient to thought that references to God in pub- b 2045 confer standing under article 3, even lic places, not references to a par- Note what was going on in the though the disagreement is phrased in ticular establishment of religion, were Barnette case. constitutional terms.’’ violative of the Constitution? Listen to this list of things that the The Ninth Circuit Court of Appeals Let us turn to the first amendment. government cannot force us to believe was aware of this binding U.S. Supreme With respect to religion, it is very con- in: politics, nationalism, religion, or Court precedent. And what did they say cise. It says, ‘‘Congress shall make no other matters of opinion. They were to deal with that fact? They said, ‘‘Val- law respecting an establishment of re- dealing with the Pledge of Allegiance ley Forge remains good law.’’ They ac- ligion or prohibiting the free exercise even before it had the words ‘‘under knowledge that case has not been over- thereof.’’ So the question is, should God,’’ and they said that the govern- turned. It has not been reversed. It is this clause be interpreted as barring ment cannot force you to say it. The still there. But what they chose to do the government from giving prefer- government cannot force you to believe is to say essentially that the law is ment to a particular religion? That is in a particular religion; the govern- progressing here, we want to take it one interpretation. Or should it be in- ment cannot force you to believe in the next step, because they view the terpreted as requiring the complete particular politics either. law as an organism, something that is and total elimination of any reference So, fast forward to today when we are ever evolving and changing and devel- to God in our public institutions? That watching as a court throws out the oping. Leave aside whether they are is a different interpretation. words ‘‘under God’’ from the Pledge of right or wrong in the application of The Supreme Court considered this Allegiance and ask yourselves why the that principle, if one chooses to call it very question in an earlier case involv- rest of it can remain. If there is some that, in this case. What does it mean if ing the Pledge of Allegiance. They con- element of compulsion, even though the law is the plastic, malleable instru- sidered it in a different way, however. you are not required to recite the ment of judges? It means that none of Remember that the language that we Pledge, just in being forced to witness us as citizens knows in advance how are talking about, ‘‘under God,’’ was others say it, then is it there to pre- the case is going to be decided, how it added a half century ago. A few years cisely the same degree, that kind of is going to turn out. before that language was added, the compulsion, to the rest of the Pledge, Everyone here, in addition perhaps to Supreme Court first considered the even if we were to excise the words having said the Pledge of Allegiance in Pledge without those words, and it de- ‘‘under God,’’ and does not the school when they were schoolchildren, cided that students cannot be required Barnette case say that there can be no probably learned about Hammurabi. to recite it. Students cannot be re- such compulsion? Hammurabi is well known for erecting quired to salute the flag, either. ‘‘The In this Newdow case, that is the in the town square stone tablets bear- action of the local authorities in com- name of the Ninth Circuit decision ing the written law. For the first time, pelling the flag salute and Pledge tran- handed down today, the court said, the law was written down. Why was scends constitutional limits on their ‘‘The Pledge, as currently codified, is that important? Why was written law power.’’ That is what the Supreme an impermissible government endorse- important? It was important because, Court said in West Virginia State ment of religion,’’ and it is so common for the first time, the subjects of Board of Education against Barnette in in court opinions these days to cite au- Hammurabi, the citizens, knew in ad- 1943. Compelling someone to recite or thority. It is the reason we can call the vance the standard to which they to do something against their will that cases decided by courts case law. It is should conform their conduct. And at affects or represents their beliefs is not not supposed to be the mental inven- that moment the law stopped being ar- within the power of our government. tion of the judges; it is supposed to be

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.159 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4047 an application of well-known principles would observe that you are sitting sidered indicative the motto and the of law to the facts at hand. under the very model that Justice Ken- Pledge characterizing them as con- So having said, ‘‘The Pledge, as cur- nedy is referring to in this decision, it sistent with the proposition that gov- rently codified, is an impermissible says right over your chair, ‘‘In God We ernment may not communicate an en- government endorsement of religion,’’ Trust.’’ He says it is ‘‘prominently en- dorsement of religious belief.’’ And he the court cited some authority. What graved in the wall above the Speaker’s cites for that proposition the words of did they cite for authority? They cited dais in the Chamber of the House of two justices in other cases, Justice Justice O’Connor’s words in another Representatives and is reproduced in O’Connor and Justice Brennan. case, and they cited Justice Kennedy’s every coin minted and every dollar Now, Justice O’Connor is the other words in another case. Here is how they printed by the Federal Government.’’ Justice that the Ninth Circuit was re- interpreted Justice Kennedy’s words: He is saying that these things must lying upon to reach today’s result. So Justice Kennedy agreed with us. That have the same effect if the intent of we now have on the record both Justice is what they are saying. Justice Ken- the establishment clause is to protect Kennedy and Justice O’Connor for the nedy agreed with us that ‘‘The Pledge, individuals from mere feelings of exclu- opposite proposition, and that is that as currently codified, is an impermis- sion; and it is his opinion that that is the Pledge and our motto, ‘‘In God We sible government endorsement of reli- not what the establishment clause Trust,’’ do not raise these establish- gion,’’ but Justice Kennedy does not does. That is what Justice Kennedy ment clause questions. That is cer- agree with that. There is plenty of case was saying. So it stands Justice Ken- tainly how I read those opinions, Mr. law making it very clear that the lan- nedy on his head to cite him as author- Speaker. guage that they are quoting from Jus- ity for the proposition in Newdow that Justice Blackmun goes on to say, we tice Kennedy was written for the oppo- the Pledge, as currently codified, is an need not return to the subject, because site purpose. impermissible government endorse- there is an obvious distinction between Here is what Justice Kennedy said in ment of religion. creche displays, creche meaning the his dissent, in his dissent in a case So I find it interesting that in this nativity scene, there is an obvious dis- called Allegheny County v. Greater tradition of judges citing authority for tinction between creche displays and Pittsburgh ACLU. Now that case, by their rulings, that we have cited the references to God in the motto and in the way, involved holiday displays in language of Justice Kennedy as well as the Pledge. So we have Justice Ken- the downtown area in Pittsburgh. On the language of Justice O’Connor. But nedy raising the specter of: boy, if we some public property they were dis- Justice O’Connor, likewise, does not go this way and throw out a nativity playing a menorah and they were dis- support this proposition. scene, pretty soon it is going to be the playing a nativity scene; and the In this case of Allegheny County v. motto and the Pledge, and then Justice ACLU, the American Civil Liberties the Greater Pittsburgh ACLU, the ma- Blackmun saying, nonsense. We have Union, sued, and by a 5 to 4 majority, jority opinion was written by Justice already considered those questions, and the Court said that could not go on be- Blackmun. Justice Blackmun dis- there is no need to consider them here cause a menorah signified a particular cussed, before he got to his result, a further. religion, Judaism, and the nativity case called Marsh against Chambers in Justice Blackmun goes on to say: scene signified a particular set of reli- which legislative prayers were chal- ‘‘However history may affect the con- gions, Christianity. So there were par- lenged. Now, Mr. Speaker, my col- stitutionality of nonsectarian ref- ticular sects being promoted by the leagues may be in memory of what erences to religion by the government, government, not just sort of general happened at the beginning of the day history cannot legitimate practices references to God and, for that reason, today and what happens at the begin- that demonstrate the government’s al- it was unconstitutional. ning of every one of our sessions every legiance to a particular sect or creed.’’ Justice Kennedy dissented from that day. We begin with our Chaplain saying Why is that so important? Let us go case, and he would have allowed it. He a prayer here in the House Chamber, back to the language of the first was among the four members who standing, more to the point, under the amendment. It is very short: ‘‘Congress would have allowed it; and yet he is motto, ‘‘In God We Trust.’’ shall make no law respecting an estab- being cited for authority in this case There was a lawsuit challenging leg- lishment of religion or prohibiting the striking down the words ‘‘under God’’ islative prayers; State legislatures do free exercise thereof.’’ in the Pledge of Allegiance. Why would this as well. It went to the U.S. Su- Well, the free exercise clause obvi- they do that? preme Court and the case that decided ously would tend in the opposite direc- Here is what Justice Kennedy is the question is called Marsh against tion of this case: ‘‘Government shall quoted as having said, quoted by the Chambers. Now, we can guess what the make no law prohibiting the free exer- Ninth Circuit in their decision today as result was in that case, because our cise of religion.’’ So one should be free having said: ‘‘By statute, the Pledge of prayers are still going on. Justice Ken- to practice religion in America. That is Allegiance to the flag describes the nedy, in the case of Allegheny County what the Constitution guarantees. But United States as ‘one Nation under against the Greater Pittsburgh ACLU, this other portion, the establishment God.’ To be sure, no one is obligated to the one that they decided about the na- clause says: ‘‘Congress shall make no recite this phrase, but it borders on tivity scene and the menorah, Justice law respecting an establishment of re- sophistry to suggest that the reason- Kennedy dissented in that case and he ligion.’’ Now, some people like to do a able atheist would not feel less than a cited this Marsh case. And Justice little bait and switch with the specific full member of the political commu- Blackmun did not like his use of the article, the definite article. They sub- nity every time his fellow Americans Marsh case, did not like the reference stitute ‘‘the’’ for ‘‘an,’’ and ‘‘the’’ is recited, as part of their expression of that he made. specific and ‘‘an’’ is general. I do not patriotism and love for country, a So here is what Blackmun said about know if we are all grammarians here phrase he believed to be false.’’ That is Marsh and about Justice Kennedy. He this evening, but it matters. ‘‘A base- what they quote him as saying. And said, Justice Kennedy argues that such ball game’’ is different than ‘‘the base- they say, therefore, he agrees with our practices as our national motto, ‘‘In ball game.’’ decision that ‘‘The Pledge, as currently God We Trust’’ and our Pledge of Alle- ‘‘Congress shall make no law respect- codified, is an impermissible govern- giance with the phrase ‘‘under God’’ ing an establishment of religion or pro- ment endorsement of religion.’’ added in 1954 are in danger of invalidity hibiting the free exercise thereof.’’ But Justice Kennedy went on to say, if we were to say it is unconstitutional What if it said instead: Congress shall in the immediately-following sentence, to have a nativity scene or it is uncon- make no law respecting the establish- which the Ninth Circuit fails to quote, stitutional to have a holiday menorah. ment of religion? Would that matter? ‘‘Likewise, our national motto, ‘In God Justice Blackmun said, that is silly. Mr. Speaker, I think it would matter We Trust,’ which is prominently en- That is not what we mean. That is not a great deal, because if it is religion graved in the wall above the Speaker’s what we are saying. that we are concerned about rather dais in the Chamber of the House of Here is a quote from Justice Black- than an establishment of religion, an Representatives,’’ and Mr. Speaker, I mun: ‘‘Our previous opinions have con- instance, one of many, then I think we

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.161 pfrm12 PsN: H26PT1 H4048 CONGRESSIONAL RECORD — HOUSE June 26, 2002 have given some ammunition to those tion under Vishnu, a nation under the pledge, characterizing them as con- who say the real purpose of this clause Zeus, or a nation under no God, be- sistent with the proposition that gov- in the first amendment is to say, no re- cause none of these professions can be ernment may not communicate an en- ligion can be discussed. But if what the neutral with respect to religion.’’ dorsement of religious belief.’’ Constitution is enjoining us to do is Of course, here is the rabbit in a hat. Now, the Seventh Circuit Court of not to make any law respecting par- It is interchangeable for the Ninth Cir- Appeals decided a case very similar to ticular religions, particular kinds of cuit in this opinion that we might be this one, and the Seventh Circuit is, of religions, then it is something else en- dealing with religion as a general noun, course, a different jurisdiction of equal tirely different. a class of things, the dictionary defini- dignity with the Ninth Circuit Court of Mr. Speaker, I do not know that we tion of religion, which could be almost Appeals. And because there was no can this evening, to everyone’s satis- anything, on the one hand; or a reli- identical case previously decided by faction, resolve this basic question of gion, a specific religion. any precedent in the Ninth Circuit, the whether the establishment clause in And again, that gets us back to the panel in this case was required to at the first amendment should be better fundamental question of what the first least acknowledge it, and they did. interpreted as barring the government amendment means. Does it mean that They said the only other court to from giving preferment to a particular government shall make no law respect- consider this was the Seventh Circuit, religion, on the one hand, or rather as ing an establishment of religion; or, in and even though the Seventh Circuit requiring the complete and total elimi- fact, forget the business about the defi- decided it consistently with the Su- nation of any reference to God in our nite article, but just religion? Maybe preme Court dicta, we are going to go public institutions on the other hand. ‘‘establishment’’ should be read out of the other way. So they acknowledged But I think it is awfully clear that that the first amendment: ‘‘And government they are blazing a new trail out there is what is at stake here, because the shall make no law respecting a reli- in the Ninth Circuit. court, the Ninth Circuit Court is trou- gion.’’ That would certainly be directly Again, whatever one feels about the bled by the fact that there is the most to the point made by the Ninth Circuit decision, this takes us back to the conceivably abstract reference possible today. question of the rule of law and predict- to God, not to even religion or to a spe- It is worth drawing attention to what ability. When precedent does not mat- cific religion, but simply to God. the Ninth Circuit believes here because ter, when we are always trying to move I am put in mind, and this will escape not all the judges were in agreement. that ratchet one more notch, we are al- almost all of my hearers, of a National There was a two-person majority and a ways trying to take the law in new di- Lampoon parity of ‘‘Desiderata’’ called one-person dissent. And in a three- rections and expand it and make sure ‘‘Deteriorata.’’ This was popular in the judge panel, of course, that is all it it is a living organism and reflective of 1970s. And they sort of made fun of the takes, is two judges. what is new and modern, there is not well-known, at the time at least, Judge Fernandez, circuit judge in the any predictability, and it becomes the ‘‘Desiderata,’’ and in ‘‘Deteriorata’’ Ninth Circuit Court of Appeals, said rule of men and not law. they said, ‘‘Therefore, make peace with this: ‘‘We are asked to hold that inclu- Judge Fernandez went on to say, your God, whatever you conceive him sion of the phrase ‘under God’ in this ‘‘such phrases as In God We Trust’’ or to be, Harry Thunderer or Cosmic Muf- Nation’s Pledge of Allegiance violates ‘‘under God’’ have no tendency to es- fin.’’ A little bit of humor that illus- the religion clause of the Constitution tablish a religion in this country or trates the point that one person’s God of the United States. We should do no suppress anyone’s exercise or non-exer- is not another person’s God is not an- such thing. We should, instead, recog- cise of religion, except in the fevered other person’s God. In fact, what God nize that those clauses were not de- eye of persons who most fervently is, in the minds of physicists, it could signed to drive religious expression out would like to drive all tincture of reli- be the entire universe as we know it. of public thought; they were written to gion out of the public life of our polity. For animists, it could be the plants or avoid discrimination. Those expressions have not caused any the animals. ‘‘We can run through the litany of real harm of that sort over the years tests and concepts which have floated since 1791 and are not likely to do so in b 2100 to the surface from time to time. Were the future. As I see it, that is not be- God is as general and as high on the we to do so, the one that appeals most cause they are drained of meaning. ladder of abstraction as one can be, and to me, the one I think to be correct, is Rather, as I have already indicated, it it is very different, this reference to the concept that what the religion is because their tendency to establish God, than a particular religion. clauses of the First Amendment re- religion (or affect its exercise) is exigu- That is important, Mr. Speaker, be- quire is neutrality; that those clauses ous. I recognize that some people may cause I think the court betrays its fun- are, in effect, an early kind of equal not feel good about hearing the phrases damental error in logic when it says, protection provision and assure that recited in their presence, but, then, and I will find the precise language government will neither discriminate others might not feel good if they are here, but it says essentially that for for nor discriminate against a religion omitted. At any rate, the Constitution constitutional purposes there is no dis- or religions . . . when all is said and is a practical and balanced charter for tinction between the words ‘‘under done, the danger that ‘under God’ in the just governance of a free people in God’’ in the Pledge and ‘‘under Jesus’’ our Pledge of Allegiance will tend to a vast territory. Thus, although we do or ‘‘under Vishnu’’ or ‘‘under Zeus.’’ bring about a theocracy or suppress feel good when we contemplate the ef- That is what the opinion says. And I somebody’s beliefs is so minuscule as fects of its inspiring phrasing and ma- think there is a world of difference. to be de minimis. The danger that that jestic promises, it is not primarily a There is a world of difference, because phrase presents to our First Amend- feel-good prescription. one is as respectful as possible of the ment freedoms is picayune at most. ‘‘In West Virginia Board of Education right that is guaranteed in the rest of ‘‘Judges, including Supreme Court v. Barnette, for instance,’’ and remem- the first amendment, the free exercise Justices, have recognized the lack of ber, the Barnett case which I discussed of one’s particular religion. It does not danger in that and similar expressions earlier is the one involving the Pledge give a preferment to any religion, for decades, if not for centuries, as of Allegiance and the flag salute, in which is what the establishment clause have presidents and members of our which the court held that it is not con- at a minimum is meant to guard Congress.’’ stitutional to force people to do these against. At this point, Judge Fernandez cites things, to say these things, to recite Mr. Speaker, here is precisely what four preceding Supreme Court opinions the Pledge. If people do not believe the Ninth Circuit Court of Appeals said and goes into some great detail with that America is a country that stands on this point: his authority. He refers to the case of for liberty and justice for all, then they ‘‘A profession that we are a nation the County of Allegheny, to which I do not have to recite the Pledge. That under God is identical for establish- made reference earlier, in which the is what the court said there. ment clause purposes to a profession majority said, ‘‘Our previous opinions ‘‘In West Virginia Board of Education that we are a nation under Jesus, a na- have considered in dicta the motto and v. Barnett . . . ’’ Judge Fernandez says,

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.163 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4049 ‘‘the Supreme Court did not say that Ninth Circuit wishes us to in the and those people should note that the the Pledge could not be recited in the Newdow case today, then we had better Supreme Court dealt with that ques- presence of Jehovah’s Witness children; be prepared to get rid of God Bless tion 60 years ago. That is not an open it merely said they did not have to re- America, we had better be prepared to question. We cannot be forced to say cite it. That fully protected their con- get rid of that motto In God We Trust, the Pledge in this country. stitutional rights by precluding the right over the Speaker pro tempore’s I pulled up the legislative history be- government from trenching upon ‘the head, and we had better be prepared to cause what the court did today is sphere of intellect and spirit.’ As the get it off of our currency, because the throw out an act of this Congress. I court pointed out, their religiously same principle must apply. That is thought it was instructive in reading based refusal ‘to participate in the what Judge Fernandez says. the court’s opinion that they said that ceremony [would] not interfere with or So he says, ‘‘Judges can accept those the reason that Congress did what it deny the rights of others to do so. . . . results,’’ these extensions of the prin- did was very important. Let us take a We should not permit Newdow’s feel- ciple in Newdow, ‘‘if they limit them- look at Congress’ motive, they said. good concept to change that balance.’’ selves to elements and tests, while fail- What was the purpose in enacting the So this is a different judge of the ing to look at good sense and principles statute? That might tell us whether Ninth Circuit giving us a very different that animated those tests in the first what Congress was really trying to do point of view from the minority, and place. But they do so’’, judges would be this on the sly by inserting those words citing, I think rather more correctly, doing so, ‘‘at the price of removing a was to promote religion in violation of the holding in Barnette. vestige of the awe we all must feel at the First Amendment. ‘‘My reading of the stelliscript sug- the immenseness of the universe and They said, and I ought to be sure to gests that upon Newdow’s theory of our our own small place within it, as well quote the opinion directly to make Constitution,’’ and Newdow, remember, as the wonder we must feel at the good sure that I do not mischaracterize it, is the plaintiff in this case, the father fortune of our country. That will cool but they said, in essence, that the leg- whose daughter goes to school and has the febrile nerves of a few at the cost of islative history in their mind was clear to watch as others recite the Pledge of removing the healthy glow conferred evidence of an unconstitutional pur- Allegiance, ‘‘My reading of the upon many citizens when the forbidden pose. Then they quoted a very, very stelliscript suggests that upon verses or phrases are uttered, read, or small part of it. Newdow’s theory of our Constitution, seen. accepted by my colleagues today, we ‘‘In short,’’ he concludes, ‘‘I cannot The problem, they say, is that when will soon find ourselves prohibited accept the eliding of the simple phrase the Congress did this in 1954, and Mr. from using our album of patriotic ‘‘under God’’ from our Pledge of Alle- Speaker, I will have it here in just a songs in many public settings. ‘God giance, when it is obvious that its moment, that the purpose of the Con- bless America’ and ‘America the Beau- tendency to establish religion in this gress was not establishing a religion. tiful’ will be gone for sure, and while country or to interfere with the free use of the first and second stanzas of exercise (or non-exercise) of religion is b 2115 the Star-Spangled Banner will still be de minimis.’’ That is the language that they quote. And he drops a footnote at this point, permissible, we will be precluded from It rather befuddles one to understand because there are going to be constitu- straying into the third. And currency why, therefore, they infer that was the tional scholars who are going to say, beware! Judges can accept those re- purpose. Here is the legislative history wait a moment, are you saying there is sults if they limit themselves to ele- that they quote: ‘‘The sponsors of the such a thing as a constitutional viola- ments and tests, while failing to look 1954 act expressly disclaimed a reli- tion that is so small we will just ignore at the good sense and principles that gious purpose.’’ So in those days, in it? And he is saying, that is not what I animated those tests in the first 1954, when political correctness was not mean at all. ‘‘Lest I be misunderstood, place.’’ at large, they still did not get tripped So judge Fernandez is now giving us I must emphasize that to decide this up by the test that we are applying a view of where we might be headed if case it is not necessary to say, and I do now in 2002. They said: ‘‘This is not an this decision holds and becomes law, not say, that there is such a thing as a act establishing a religion.’’ The act’s the decision from which he dissented. de minimis constitutional violation. affirmation of ‘‘a belief in the sov- He says, ‘‘What about God Bless What I do say is that the de minimis ereignty of God and its recognition of America in a public setting?’’ What tendency of the Pledge to establish a ‘the guidance of God’ are endorsements about it? What if it is the Marine Corps religion or to interfere with its free ex- by the government of religious be- band? What if it is on the steps of the ercise is no constitutional violation at liefs,’’ the court says. But the legisla- Capitol? Is that it? Is it all over for all.’’ ture, this Congress at the time that we God bless America on the Capitol steps, Mr. Speaker, I am sure that almost passed the law, said that there was no or performed anywhere by our people, everyone in the country will end up such purpose. our men and women in uniform? having an opinion about this case, but Perhaps that is the sort of thing de- I think it is very important that every- The establishment clause they say is signed to scare people away from the one in the country, as we enter into not limited to religion as an institu- results in the case at hand, which is this debate, not assume that they know tion. And so they are again retreating not about God Bless America. But re- everything about it. They ought to to this abstract notion of all religion member the decision in Allegheny, in take the time, as we have here this being the problem, not just an estab- which we had Justice Kennedy in his evening, to examine the facts. lishment, even though that is the plain opinion dialogue with Justice We were, of course, defendants in this word of the first amendment. Blackmon in the majority saying, Mr. case. We have a real stake in it. But it Here is what the legislative history Justice, if you go this way, if you say matters, for example, that the plaintiff says, Mr. Speaker. I have taken it from no creche, no menorah, then I think in this case specifically pleaded or spe- our official documents in May 1954. you are going to have to take a look at cifically alleged that she, or was her fa- They say: ‘‘By the addition of the the Pledge of Allegiance and our motto ther pleading that his daughter was not phrase ‘under God’ to the Pledge the in God We Trust, and you had the ma- required to recite the Pledge of Alle- consciousness of the American people jority in that case say, Oh, pshaw, that giance. So this is not a case about will be more alerted to the true mean- is not what we mean. Do not worry someone being required to say the ing of our country and its form of gov- about the Pledge or the motto, and Pledge, which happens to include the ernment.’’ That was their purpose. here we are today, just as Justice Ken- words ‘‘under God.’’ ‘‘The consciousness of the American nedy predicted, worrying about the That is an important fact to bear in people will be more alerted to the true Pledge. mind. It may not affect Members’ opin- meaning of our country and its form of So perhaps we ought not to dismiss ions one way or another in the end, but government.’’ That, Mr. Speaker, is a out of hand what Judge Fernandez is for some people the notion that some- secular purpose. In this full awareness telling us: All right, if we do what the one might be coerced is very material, we will, I believe, be strengthened for

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.165 pfrm12 PsN: H26PT1 H4050 CONGRESSIONAL RECORD — HOUSE June 26, 2002 the conflict now facing us and more de- a text that means from age to age, sequence presumably produced by ob- termined to preserve our precious her- whatever the society or perhaps the servation of conduct with which one itage. ‘‘Fortify our youth in their alle- Court thinks it ought to mean, that disagrees is not an injury sufficient to giance to the flag by their dedication that question looms very, very large. confer standing under article 3 even to one nation under God.’’ We may not ever know if that is the though the disagreement is phrased in So the purpose is to fortify our youth rule that we follow what the law is and constitutional terms.’’ in their allegiance to the flag. Is that we will have to wait until the oracles That is a holding that the Ninth Cir- not a secular purpose? So it is a legis- tell us. cuit Court says is still good law, and lative history as important as the Here in Congress as we seek to write they just breeze right past that as well. Ninth Circuit says it is, I think it pays laws consistent with the Constitution, Now, Mr. Speaker, we may find after to read it. They went on to say, ‘‘It we simply do not have sufficient guid- an en banc court of the Ninth Circuit should be pointed out that the adop- ance when all we have is the text of the takes this case and rewrites it, that tion of this legislation in no way runs Constitution and all of the Court’s de- these mistakes are corrected. We may contrary to the provisions of the first cisions interpreting it, because those find even a different result in the case; amendment to the Constitution. It is can be changed and are very mutable, but at a minimum I would expect that not an act establishing religion or one and precedence are only so good as the if the same result is reached, it will be interfering with the free exercise of re- paper they are written on. But they reached in a much more legitimate ligion.’’ can be overturned at will. manner than this. So what they did in Congress at the The fact that the Seventh Circuit has But what are we to think in the time was look to what they thought already disagreed with the Ninth Cir- meantime? The Ninth Circuit is a big was the law, the decisions of the Su- cuit and the Seventh Circuit came first circuit. It governs a lot of States. My preme Court interpreting the first and that that precedent was ignored whole State of California, 30 million amendment. ‘‘The Supreme Court has here; the fact, Mr. Speaker, that the people, Nevada, Arizona, Washington, clearly indicated that the references to very remedies that the plaintiff were Oregon, Montana, Alaska, Hawaii. Pub- the Almighty which run through our seeking here are all illegitimate rem- lic school students in all of these laws, our public rituals, and our cere- edies and the Ninth Circuit found that States, what are they to do on the an- monies in no way flout the provisions that was so, none of that seemed to niversary of September 11 next? Do of the first amendment.’’ Then they slow them down. It is worth bringing to they say the Pledge at all? Do they say cite the Supreme Court authority of the Members’ attention that what it the old way? The new way? What are the day. Newdow was asking for here is that the their teachers to do and what are their So what has happened is between court should order the President of the parents to do? then and now, perhaps, the Constitu- United States to alter, modify or re- We do not know because we now find tion has changed. The language of the peal the Pledge. So he is drafting the when judges make new law that none first amendment has not changed. It is complaint. He has brought a lawsuit, of us knows really what the law is. the very same language. The Congress and he wants the court to order the Some of our constituents are already did the best it could at the time. They President to alter, modify or repeal the lighting up the phones saying, Con- relied on the Supreme Court, which Pledge by removing the words ‘‘under gress has got to do something. But the clearly indicated that ‘‘the references God.’’ He asked for one other element truth is in our system when a court to the Almighty which run through our of relief. He wanted the court to order throws out an act of Congress on con- laws, our public rituals, and our cere- the United States Congress imme- stitutional grounds there is nothing to monies in no way flout the provisions diately to act to remove the words be done about it. The Constitution does of the first amendment.’’ They went on ‘‘under God’’ from the Pledge. indeed trump acts of Congress; and the to say in 1954: ‘‘In so construing the Well, now, in our juris prudence in Court, not the Congress is the ultimate first amendment, the Court,’’ referring America you cannot do that. The arbiter of the constitutionality of stat- to the Supreme Court, ‘‘pointed out courts cannot do that. The President is utes. Now, I suppose we could reenact that if this recognition of the Al- not an appropriate defendant in an ac- it in precisely the same way, but that mighty was not so, then an atheist,’’ tion challenging the constitutionality would be something of a tedious, if not the plaintiff in this case, ‘‘could object of a Federal statute. Period. And in fatuous, merry-go-round. I do not to the way in which the Court itself light of the speech and debate clause think that would be serving our con- opens each of its sessions, namely, ‘God just as much part of the Constitution stituents well. save the United States and this honor- as is the first amendment, article 1, I think, rather, we can expect with able Court.’’’ section 6, clause 1: ‘‘The Federal courts the leadership of the President of the Well, today, across the street at the lack jurisdiction to issue orders direct- United States and the Attorney Gen- United States Supreme Court that is ing Congress to enact or amend legisla- eral that there will be a petition for re- how the Court opens its sessions. They tion.’’ hearing en banc in this case, and that still say as they did in 1954, ‘‘God save The words that the plaintiff in this the Ninth Circuit itself will have a the United States and this honorable case is challenging included the Pledge chance to reconsider the enormous im- Court.’’ So these questions are all of a of Allegiance were enacted into law by pact they are having without perhaps piece, the motto, Mr. Speaker, over statute by this Congress; and therefore, giving just that ounce of good judg- your head; indeed, the fact that the no court may direct this Congress to ment that would have made the dif- great law givers of all time ring this deleted those words any more than it ference if they had taken into consider- Chamber, and that the central one who may order the President to take such ation what the Supreme Court has said looks directly at you is Moses, all of action. An injunction against the about this. these things are of a piece; and it is President is not in order, and an in- The only things that the Supreme quite clear the slope that we are on. junction against the Congress is not in Court has said about the Pledge, albeit The legislative history makes it very order. And that is all that the plaintiff in dicta, are exactly the opposite from clear that to the extent that it was was asking for, so there is nothing left the result that was achieved in this possible for human beings to do so in of the case. And yet, even after ac- case. The only thing that the Supreme 1954, the drafters and the Members of knowledging these things, the Ninth Court has said about this question of Congress at the time went out of their Circuit moved on. whether observing something that one way to make sure that they were fol- The Ninth Circuit also just zipped does not like being the source of in- lowing the guidance of the United right past the article 3 standing ques- jury, runs exactly the opposite way States Supreme Court. tion even though that is jurisdictional, from the decision in this case. What has happened over the last sev- even though you must address standing I think if a court normally sets out eral decades intervening makes it clear in order to have a case to decide at all. to avoid constitutional questions and that whatever one’s view about wheth- And they skipped beyond the article 3 decide cases on other simpler grounds, er the law should be a living document holding of the United States Supreme statutory grounds, procedural grounds on the one hand or whether it should be Court that ‘‘the psychological con- and so on, there were ample ways that

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.167 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4051 a court could have handled this very concerned from some of the state- night, either at 10:00 or 10:30 or 12 Newdow litigation. Newdow was a pro ments that I have been hearing today o’clock or possibly tomorrow morning. se plaintiff. That means he represented and some of the reports in the media, If we hear that they are not, then that himself without a lawyer although he as well as some of the things I am hear- is a very good indication that the bill has had some legal training appar- ing tonight, leading up possibly to will not come to the floor for a vote. So ently. He made a lot of mistakes in his Committee on Rules action or inaction, I am waiting here, Mr. Speaker, to see pleadings. They were very sloppy. And that there is a real possibility the Re- what the Committee on Rules is going the court below, even though it was le- publicans will not bring up their pre- to do, hoping that they will allow this nient, the district court, the trial scription drug bill for a vote before we bill to come up and we will have a de- court, threw out his case. recess for July 4, for the Independence bate on probably one of the most im- The Ninth Circuit Court of Appeals Day celebration. portant issues facing this country. came and resuscitated it. They had to I say that because for several months I am still hopeful, although I have put a lot of Band-aids on it because now I have been asking that the Repub- less and less reason I suppose to be procedurally it was in bad shape. It licans bring up this bill because I think hopeful, given some of the comments took a nearly superhuman effort to put that the issue of prescription drugs for that have been in the media today. this case up on stilts so that we could seniors and the issue of increasing high Let me explain why the Republicans get the constitutional question for de- drug prices is one of the major issues may not bring the bill up. The reason cision. It was to all appearances, Mr. that the Congress needs to address. they may not be able to bring the bill Speaker, something of a reach, and I When I go home to New Jersey, to up is because they do not have the think our country deserves better. But my district in New Jersey, many sen- votes. The talk this afternoon around we shall see. We shall see how this is iors and even people in general, not the House of Representatives was that accepted by the public, what the court just seniors, complain to me con- they were shy 20 or 30 votes on the Re- itself may do about it. stantly about drug prices, about their publican side; and, of course, they are But at a time when so many people inability to buy prescription drugs and getting practically none, if any, Demo- are working so hard to pay their taxes, the consequences that fall to their cratic votes. at a time when the courts are as busy health because of their inability to buy Some of the reasons that were articu- as they are, and most middle Ameri- the prescription drugs, the medicines lated today in Congress Daily, in the cans know if they were to bring a law- that they need. lead story, says, House GOP still shy of suit it might be 3 to 5 years before they So I was rather happy a couple of majority to pass prescription bill, and could get a decision because of the months ago when the Republican lead- it mentions about three or four reasons backlog and the expense, is it not in- ership announced that they would why different Members were having teresting that the people in San Fran- bring a prescription drug bill to the problems with the Republican bill, cisco seem to have sufficient time on floor before the Memorial Day recess, which I think go far to explain why the their hands so to finely perch this and I was disappointed when we went bill is a bad bill. question of angels on the head of a pin, home for Memorial Day and that had So I would like to mention some of so that they can reach a constitutional not happened. these reasons. It says lawmakers, this question that was not procedurally put I was once again hopeful when after is the Republicans now, variously want to them in a way that required its deci- the Memorial Day recess in early June more money for home State hospitals sion? we heard the Republican leadership and rural health care, more attention I think laying out a case in this way, once again say they were going to to drug costs rather than coverage and Mr. Speaker, will it better inform the bring a prescription drug bill to the guarantees to protect local phar- debate? And that while I recognize floor before the July 4 recess. macies. The GOP leadership aides con- with 435 Members in the House we Last week, we actually did have the ceded that these groups of Republicans, might have some diversity of opinion Republican bill unveiled; and we had a in the face of the very few Democrats about the case, even here it is bound to 3-day and all-night marathon in the expected to cross party lines on a vote occupy the minds of our constituents Committee on Energy and Commerce, for the GOP bill, have left the measure for some time to come. where I serve, where the bill was dis- short of the 218 votes needed to pass it. I appreciate the indulgence of the cussed and the Democratic alternative Let us talk about some of these Chamber in considering it at first blush was discussed. Although I think that issues that some of my Republican col- because the opinion was just issued the Democratic bill is the only really leagues, rightfully so, believe are today, this evening. meaningful bill, and I will discuss that wrong or do not justify their voting for in a minute, I was at least happy to see the Republican bill. Maybe before I do f that we did have the opportunity in that I should say that I am very happy b 2130 committee to discuss medicines or pre- to see that there might be 20 or 30 col- scription drugs for seniors. leagues on the other side of the aisle, PRESCRIPTION DRUG BENEFIT So I would be extremely disappointed on the Republican side, who would be The SPEAKER pro tempore (Mr. and very critical of the Republican willing to say to their leadership that KERNS). Under the Speaker’s an- leadership once again if we find out to- they do not want to vote for this bill, nounced policy of January 3, 2001, the night or tomorrow that they still do because I have said many times, and gentleman from New Jersey (Mr. not intend to bring this bill up. I am again, I will give some third party doc- PALLONE) is recognized for 60 minutes. not surprised because I have said many umentation, that this bill is nothing Mr. PALLONE. Mr. Speaker, let me times that the Republican bill is basi- more than a boon to the pharma- say to the gentleman from California cally a sham. It does not provide any ceutical drug industry. In other words, that I listened very carefully to what benefit for seniors. It has no real hope the reason why the Republicans have he said in analyzing that Federal court of providing any kind of prescription put forth a bad bill and one that will opinion that came down today; and I do drug benefit for seniors. It does not not work is because they are beholden agree with him that the opinion does even try to reduce price, the price of to the brand-name drug industry. not make any rational sense and that drugs, but at least if we had the oppor- If my colleagues doubt what I say, let the use of the term ‘‘in God we trust’’ tunity to have this bill on the floor to- me mention that last week when we does not in any way violate the Con- morrow or Friday we could then offer had a markup in the Committee on En- stitution. our Democratic substitute and see ergy and Commerce of the Republican I wanted to take to the floor this which side gets the most votes. bill, last Wednesday, a week ago today, evening, however, as I have so many I am actually here tonight, Mr. they actually had to adjourn, the times in the last couple of months, and Speaker, because I understand that chairman adjourned the markup, the talk about the need to pass a prescrip- within the next half hour or so we will committee markup at 5 o’clock, be- tion drug benefit and also to give a lit- be hearing from the Committee on cause the Republicans had to go to a tle status report, if I can, about where Rules as to whether or not they will be fund-raiser that was primarily being I think we are on this, because I am considering the Republican bill to- underwritten by the prescription drug

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.169 pfrm12 PsN: H26PT1 H4052 CONGRESSIONAL RECORD — HOUSE June 26, 2002 industry. So lest there be any doubt hope all along that, and I am so pleased ing that they thought there was very about what they were doing, it is all he mentioned the number of valiant little difference between the programs. laid out here in the Washington Post. Republicans who are holding out, who b 2145 This is the Washington Post from are holding out on behalf of senior citi- that day, which says, ‘‘Drug Firms zens all across this country, who im- I could not disagree more with that Among Big Donors at GOP Event. plicitly understand that this specific assertion and that this was not a bad Pharmaceutical companies are among remedy for prescription drugs belongs first step, something we have heard on 21 donors paying $250,000 each for red- rightfully under Medicare, where it this floor from our colleagues. If the carpet treatment at tonight’s GOP should have been placed in 1965 at the Republican plan were to be initiated, it fund-raising gala starring President bill’s inception, and it is because of would be a step in the wrong direction. Bush, two days after Republicans un- their great courage that they are will- I believe we have to be pretty practical veiled a prescription drug bill the in- ing to go against their leadership, about this stuff, and the paper brought dustry is backing, according to GOP of- which is a difficult thing to do, and to out that they were concerned about ficials. go against the vested interest of the costs and a number of issues that they ‘‘Drug companies, in particular, have pharmaceutical industry, as my col- raised with respect to a comparison be- made a rich investment in tonight’s league has pointed out, and stand with tween the Democratic plan and the Re- event. Robert Ingram, those seniors in their district who have publican plan. Let us be clear about it. GlaxoSmithKline PLC’s chief oper- become refugees from their own health We are unabashedly proud of the fact ating officer, is the chief corporate care system, people who have to get in that we believe this should be included fund-raiser for the gala, and his com- automobiles or trains or buses and under the Medicare program, and we pany gave at least $250,000. Pharma- travel to Canada in order to obtain the believe it should be included under ceutical Research and Manufacturers prescription drugs at an affordable Medicare because, at its inception in 1965, prescription drugs were not of America, a trade group funded by price that their doctors have told them thought to be the problem that they the drug companies, kicked in $250,000, they must have in order for their sur- have become today. But clearly this is too. PhRMA, as it is known inside the vival. a benefit that our elderly not only need Beltway, is also helping underwrite a These are the same people that, with- but richly deserve, and so it makes television ad campaign touting the out congressional action, will have to ever so much sense for it to be included GOP’s prescription drug plan. be making the nightly decision be- tween feeding themselves or taking the here. Pfizer Inc. contributed at least $100,000 to prescription drugs that their doctors I hail from the First Congressional the event, enough to earn the company the District in Hartford, the insurance cap- status of a ‘‘vice chairman’’ for the dinner. have said they must need in order to Eli Lilly and Co., Bayer AG and Merck & Co. sustain themselves or, in our neck of ital of the world, perhaps, arguably, each paid up to $50,000 to ‘‘sponsor’’ a table. the woods, either heating their homes the HMO capital of the world as well. Republican officials said other drug compa- in the winter or cooling them in the And I have talked to the CEOs, and I nies donated money as part of the fund-rais- summer. have talked to the people in this busi- ing extravaganza. This is unconscionable. We are a bet- ness. The proposal that Republicans Every company giving money to the event ter Nation than that. I commend my have put forward, and I have to believe has business before Congress. But the jux- colleagues on the other side of the they have done it in good faith, they taposition of the prescription drug debate on have many bright and talented people Capitol Hill and drug companies helping un- aisle, and I hope they can resist the un- derwrite a major fund-raiser highlights the believable pressure I am sure that will on that side of the aisle, but this is an tight relationship lawmakers have with be brought to bear on them over the underwriter’s, an actuary’s, a risk groups seeking to influence the work before next several days to conform with the manager’s nightmare. Aside from set- them. majority party’s desire to bring this ting up obvious adverse selection, the A senior House GOP leadership aide said program forward. pricing involved in trying to come up yesterday that Republicans are working hard As the gentleman from New Jersey with the program like this is out of behind the scenes on behalf of PhRMA to has said, I hope that we bring some reach for so many of our elderly and so, make sure the party’s prescription drug plan benefit forward. My concern, it is one therefore, from our perspective, a for the elderly suits drug companies. that I have expressed back in my dis- sham. I am glad to see that they did not trict, is that we have an opportunity to I commend those on that side of the work hard enough, because as of this see the plans side by side so that the aisle who have the courage of their afternoon and maybe tonight we will American public gets to see the oppor- conviction to stand up and say this is see, once the Committee on Rules de- tunity that Congress has presented wrong. It is my sincere hope as a Mem- cides what they are going to do, there them as a benefit to deal with the ever- ber that we are going to get to vote on were about 20 or 30 Republicans that escalating costs of prescription drugs. the Republican plan and the Demo- were not willing to go along with this We have said before on this floor, and cratic plan. This is what the American sham proposal so maybe PhRMA has to it has been well chronicled, that espe- public deserves. This is what a democ- work a little harder so that they can cially when we talk about our seniors, racy is all about. Let the two proposals make sure that this Republican bill that they are the greatest generation stand on their respective merits and that is basically written by the phar- ever and rightfully so. They have been end all the so-called partisan quibbling maceutical companies does come to the heralded by Tom Brokaw. They have by simply and matter of factly putting floor. been talked about on countless TV forward two plans side by each for all Again, as I say, Mr. Speaker, I am shows, heralded in the movies, in of our constituents to examine. Let us not saying I do not want it to come to books, in literature. But what they not be harried by rules. Let us not have the floor. I wish they would bring it up really want is an end to the platitudes this whole issue cast aside and only because I think we can defeat it and we and the realization of policy, policy by one vote that is going to come forward. can pass a good bill, which is the way of prescription drug relief that is Let us look at the proposal side by Democratic substitute. affordable, that is accessible, that is each and then stand up and be counted. I see my colleague from Connecticut available. Our colleagues on the other side who is here tonight. He has been here before The Democratic plan offers that kind have resisted going along with a plan to talk about this bill, and I appreciate of a program to seniors. Perhaps the that privatizes prescription drugs his coming, and I would like to yield to other side believes that their program should be commended, should be sup- him at this time. is more viable; and, hey, this is a great ported. But even if Democrats and val- Mr. MCDERMOTT. Mr. Speaker, I country and we ought to have room for iant Republicans on that side who be- thank the gentleman from New Jersey people to disagree and present their lieve with us fail, we should at least for yielding to me and again applaud programs, but American citizens ought have the opportunity in this body to his efforts on behalf of senior citizens to know the choices that they have and vote on the plans that we believe in, all across this country. Clearly, if I the difference between the programs. that we have gone back to our districts might piggyback on some of the things My local paper, the Hartford Current, and talked about with our constituents that he said earlier, it has been our the other day issued an editorial say- who are crying out to us for help.

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.171 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4053 The Hartford Current concluded that funds to pay for daily operating ex- this, because I hail from a part of the this issue should be taken up. This is a penses of the Federal Government. I country that has a deep understanding match that cannot be postponed, be- would much rather see the Medicare of insurance and a deep understanding cause of the ongoing daily needs that trust fund used for a Medicare benefit, of risk management and spreading risk so many senior citizens have in this like prescription drugs, rather than to over a large population; but actuarially country. So I commend the gentleman run the country, because that is not and from an underwriting perspective, from New Jersey (Mr. PALLONE) again what it is for. It is supposedly for the when they take a look at trying to un- for his outstanding efforts in this area Medicare program. derwrite very narrowly those who and again thank our colleagues on the The last thing, and in many ways the would opt in to a voluntary program, other side for at least now having the most important, is the fact that we by its very nature it sets up an adverse temerity to bring the issue forward. I provide a generous benefit under Medi- selection. disagree with their privatization at- care, and we are not proposing any- So, therefore, to price this would be tempt. I think it is wrong. I think it is thing that is out of line. We are just very difficult. If they are further forced an unworkable situation that people in modeling it after part B. Part A of to price it artificially, we have all seen the insurance and HMO industry under- Medicare pays for the hospital bills, what has happened to HMOs across the stand as well; but I do think it is im- and part B pays for the doctor bills. country when this happens. They pull portant that we vote this issue up or And right now if an individual wants out of the program and the elderly are down and have an opportunity to ex- their doctor bills paid for, they pay a left without insurance or, in this case, amine side by side what the programs premium, I think it is like $45 a month, they would be left without prescription will offer. with a $100 a year deductible, and 80 drug coverage. It is intuitively obvious; And one last thing, because the paper percent of the cost of the doctor bills and I think that people, the elderly out concluded that the costs might be too are paid for by the Federal Govern- there, understand it. high. We have gone through a horrific ment. My dad, God rest his soul, and the time in this Nation since September Well, we are doing the same thing gentleman reminded me of something the 11th. I commend the President of with our bill. Our bill says we will cre- that he would say all the time when he the United States for bringing this Na- ate a new part D, where an individual was addressing the fairness of this tion together, for having us focus as pays only $25 per month for their pre- issue, especially when we look not only communities, as a Nation, calling upon mium, they have a $100 deductible, and here in this country but into our im- Americans to sacrifice as we move for- 80 percent of the cost of their drug mediate borders, but also when we look ward. But this Greatest Generation bills, up to $2,000, is paid for by the all across the industrialized world and lived through the first day of infamy Federal Government. After that, it is see the benefits that they provide for back on December 7, 1941; and now hav- 100 percent. their seniors. My dad used to give his lectures to ing lived through a second day of in- This is not rocket science here. This the family. He would, on Sunday after- famy on September the 11th, they is just the same old, same old Medi- noon dinners, and usually by evoking should not be made to be the only peo- care, but now using the same principle the holy family’s name, but always used for paying doctors we are now ple making sacrifices here. So when we talking about how great the country using to pay for prescription drugs. say there is not the money there to as- was and how we had risen to be the pre- sist these people, that is an outrage. Of The problem is, as the gentleman said, and I will go to the second point eminent military, social culture, and course there is the money, and if that economic leader in the world. Then he the gentleman made that I wanted to means freezing the tax cuts that we would turn to my mother and say, But mention, is that we came up with a have put forward 10 years out, then look at the benefits that are offered to simple proposal under Medicare, and that is what we should do on behalf of the very people we defeated in the Sec- Medicare has worked for 35 years; and these citizens who have given so much ond World War. We defeated the Ger- yet the Republicans say we cannot do to their Nation. Minimally, we owe mans and the Japanese; and then we, as that. They do not want to continue and them the opportunity to live out their only this country would do, turned extend Medicare; they want to give final days in the dignity that we would around and rebuilt and restored those money to the private insurance compa- want for each and every one of our par- nations so they are our very economic nies in the hopes that somehow they ents. competitors today. He would turn to I commend the gentleman from New will provide a benefit. But they do not my mother and say, And look at the Jersey. define what that benefit is; they do not benefits that they have; look what Mr. PALLONE. I want to thank my say how much is to be paid for the ben- they offer their people. And he would colleague from Connecticut, Mr. efit. We do not even know if they will say, ‘‘Jesus, Mary, and Joseph, Pau- Speaker, because he raises so many offer the benefit. line, who won the war? ’’ really good issues, and I just want to And as the gentleman says, most of His point was that their countries key in on a couple of them, if I could. the insurance companies and the trade valued the service of their citizens The gentleman mentioned the Hart- associations are saying they do not more than our country. And while we ford paper talking about the cost of the want to provide it. No one can go out all know how much we value the great plans. I have said it so many times, and and buy a drug-only policy now, so why service, because clearly we have chron- the gentleman basically touched upon should they provide it overnight be- icled it, as I have said earlier, in books it as well tonight, that it is not only cause the Federal Government gives and in movies and on talk shows, but that seniors deserve a prescription them a little money? It is not going to the proof ultimately is in the legisla- drug benefit, but it also makes sense happen. tion and the policy that we write here. from a financial point of view. Think So the biggest concern we have as If we care about those veterans that about the fact, as the gentleman said, Democrats, and the main reason we serve so valiantly, if we care about our that, first of all, it could easily be paid think the Republican bill is a sham, is aging population, then what we should for by simply postponing some of these because these policies are not going to do is provide them with the benefit tax cuts that primarily went for the be sold. And if they were to be sold, we that they have richly earned. wealthy and for corporate interests. We calculate that the benefit to the aver- are not even talking about now. We are age senior is about 20 percent of the b 2200 talking about in the outyears, 10 or 12 cost of their drug bill. So who would This is not an entitlement in the years from now. even pay $35, $45, $50, whatever the pre- sense that it is something that we are Mr. LARSON of Connecticut. Ex- mium is per month, to get only 20 per- handing out. This is something that actly. cent of their drug bill paid for? has been more than paid for by the sac- Mr. PALLONE. The second thing is So the whole thing really is just a rifice of a generation who made us what the Republicans have done with sham. It really is. I yield to the gen- what we are today. For us at this point these tax cuts, of course, is to drive us tleman. in time, at this historic moment to back into debt where we are now using Mr. LARSON of Connecticut. It is turn our backs on our elderly in their the Medicare and Social Security trust not practical. And I do not want to say time of need is just outright wrong.

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.173 pfrm12 PsN: H26PT1 H4054 CONGRESSIONAL RECORD — HOUSE June 26, 2002 That is why I have come to the floor those 30–40 million seniors that would Mr. PALLONE. If the gentleman so many nights along with the gen- lead to reductions in price and lower would yield, I just found the reference. tleman from New Jersey (Mr. PALLONE) cost. It was the gentleman from Minnesota to express our concern. All I am asking Because there is this huge insurance (Mr. GUTKNECHT) who spoke earlier on is that we get an opportunity to vote pool now, we know that he would be the floor tonight. He was the one on the plan that we believe is in the able to reduce prices significantly, just quoted in this article in Commerce best interests of senior citizens and the as we have with the VA or the Federal Daily. American public. Let them stand side Supply Schedule or some of the other It says, ‘‘The most problematic re- by side, and let them go through the Federal programs where they have re- volt is coming from a group of Repub- test of being under the bright lights, duced prices 30–40 percent because of licans who want the bill to address and then let people across this country the negotiating power of having so price issues rather than coverage.’’ It decide what truly is the best plan. many people. has a quote by the gentleman from Mr. PALLONE. Mr. Speaker, we are The one thing that was interesting to Minnesota (Mr. GUTKNECHT). ‘‘The cen- supposed to have an idea within the me was not only was every amendment tral issue is affordability. As we move next 5 or 10 minutes about whether or on price struck down by the Repub- down the path towards passage of a not the Committee on Rules is going to licans, but during the markup we real- drug benefit, that issue has been given consider the Republican bill and then ized that they had actually put in a short shrift.’’ whether or not they will consider a section in the bill that was entitled He wants to include in the bill an Democratic alternative. I hope, as the noninterference. I am not going to read amendment he has pushed through the gentleman said, we do have an option all of it, but this title specifically says, House before. It would make it easier to vote on the issue and debate the in carrying out the administrator of for Americans to reimport U.S. made issue over the next few days, and in the the prescription drug program’s duties, drugs from other countries at con- context of that we do have the Demo- it says that, ‘‘The administrator may trolled prices. He said, ‘‘I am tired of cratic alternative or other options, cer- not require or institute a price struc- subsidizing the starving Swiss.’’ He was tainly. ture for the reimbursement of covered actually on the floor tonight talking Mr. Speaker, if I can spend a little outpatient drugs; 2, interfere in any about the reimportation issue, which is time talking about some of the reasons way with negotiations with regard to one way to bring down price. If we that we have seen in the media over the prescription drug sponsors or allow drugs to come from Canada or the last 24 hours why there may be as Medicare+Choice organizations, drug other countries and create competition many as 20 or 30 of our colleagues on manufacturers, wholesalers or other that way, prices would come down con- the Republican side who are not willing suppliers of covered outpatient drugs.’’ siderably. to vote for this Republican bill. I think Not only have they not put some- But this was an amendment just like we sort of articulated already the gen- thing in affirmatively to address price, his that I offered in the Committee on eral reason, which is that this Repub- but the Republican bill does not allow Energy and Commerce that the Repub- lican bill is not a Medicare benefit. It the administrator of the program to do licans voted against because they did is not guaranteed to anyone because it anything to affect price. So they clear- not want to see any reimportation be- basically operates through private in- ly, totally go down the road of what cause it would address the issue of price. surance companies, and they may not the pharmaceutical companies say and Mr. LARSON of Connecticut. Mr. offer it at all, or in various parts of the do not deal with the price issue at all. Speaker, we are in the minority. We do Mr. Speaker, I yield to the gentleman country. not have the numbers to stop whatever But there were other specific things from Connecticut. the majority will is. Within the Repub- that came up today, and again I am Mr. LARSON of Connecticut. And yet lican caucus reside Members like the looking at Congress Daily this morning they have a great opportunity. I want gentleman from Minnesota (Mr. GUT- that has an article, ‘‘House GOP Still to commend those valiant Republicans KNECHT) who are in my mind true he- Shy of Majority To Pass Prescription who have stood up to their leadership. roes in this body who are willing to go Bill.’’ The Republican bill does not ad- I will not use the Member’s name who against the tide, who are willing to dress the issue of cost, does not do any- said, I have to choose between my lead- stand up to their own leadership, who ership and the senior citizens that I thing to reduce prices for prescription are willing to stand up to the pharma- represent. drugs. In fact, there was a reference ceutical industry and say, wait a We have seen this happen before. We that was pretty clear where one Mem- minute, these seniors have waited long saw it with campaign finance reform. I ber specifically said if the bill did not enough. They have endured far more saw a member of my delegation, the address the price of prescription drugs, than they should. I applaud the gen- what good is it, because how can we gentleman from Connecticut (Mr. tleman from Minnesota (Mr. GUT- ever afford it if there are no price re- SHAYS), stand up along with many Re- KNECHT) and those valiant Republicans. ductions. publicans on that side and do the right Mr. PALLONE. Mr. Speaker, this I go back to the fact that this bill thing in terms of campaign finance re- says at the same time the gentle- form. We saw the same thing in the Pa- was largely written by the pharma- woman from Missouri (Mrs. EMERSON), ceutical industry, and the major issue tients’ Bill of Rights. We saw the gen- who supports the amendment of the ANSKE that we could see when we had the tleman from Iowa (Mr. G ) stand gentleman from Minnesota (Mr. GUT- markup in the Committee on Energy up and do the right thing, and the Pa- KNECHT), and wants to add a measure and Commerce, not only were Repub- tients’ Bill of Rights was achieved. We she is sponsoring to make it more dif- licans unwilling to vote for the Demo- have an opportunity here if we come ficult for brand-name drug companies cratic substitute and make this a Medi- together and are able to examine these to delay the market entry of generic care substitute, but, more than any- various proposals side by side and then medications. thing else, they were not willing to vote on them. Again, that is something that is in vote for any amendment or measure I believe in my heart of hearts, and I the Democratic substitute. As the gen- proposed by the Democrats that ad- have no illusions that many people tleman knows, if there is a patent ex- dressed the issue of price reduction. We around the country are listening to the clusivity for a period of time, then of had a series of amendments which they dialogue between the gentleman from course the company that developed and refused to consider. New Jersey (Mr. PALLONE) and myself, gets the patent has an exclusive right. Of course, the Democratic substitute, but for those that are and can still con- To be honest, something like 50 per- as the gentleman knows, says that be- tact and call people in their respective cent of the brand-name drugs are under cause this is a Medicare benefit and all States to tell them just how important patent right now, exclusivity, and 30 to 40 million seniors are part of the this is, to have a vote, to deny people therefore we cannot bring a generic to program and get the benefit, that we to be able to have an amendment on market. That basically inflates the mandate under the Democratic bill pricing in the United States Congress price of the prescription drug. that the Secretary of Health and just is so contrary to everything that What happens is when those patents Human Services negotiate prices for we stand for. run out, the pharmaceutical companies

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.175 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4055 use all kinds of gimmicks to try to dispense the drugs. They may use a to buy any kind of insurance policy delay the generic coming to market. large chain or may decide to do it that was affordable, that would pay for That is what the gentlewoman is try- through mail order and not through their hospitalization or their doctor ing to eliminate. I know that the gen- the local pharmacy. There is a real bills. That is why Medicare started, be- tleman from Ohio (Mr. BROWN) has a problem with those in rural areas, our cause the private sector did not provide bill, and some of that language is in- colleagues who are concerned about that opportunity. cluded in our Democratic substitute whether any benefit would be available This has been a very good govern- that would close those loopholes. at all because an insurance company ment program. It is a government pro- Again, this is a pricing issue. Because would not sell in those areas. Or, sec- gram, so maybe some of our colleagues if we bring generics to market, we re- ondly, if there is one, it will operate on the other side of the aisle have a duce the cost of prescription drugs. like an HMO and will exclude any kind problem with Medicare ideologically. I Mr. LARSON of Connecticut. Mr. of dispensing of medicine from the am sure some of them do. But you have Speaker, the gentlewoman from Mis- local pharmacy. to throw that aside and look at what is souri (Mrs. EMERSON) is absolutely Of course, we in our bill do the oppo- practical and what works for the Amer- right. I think what is also compelling site. We say this is a Medicare-guaran- ican people. The Democrats are simply about the Democratic initiative is the teed benefit, and you can go to any saying Medicare works; and the best ability, and I think people understand pharmacy or any outlet to buy the way to provide this prescription drug this readily, to be able to leverage the medicine. benefit, really the only way in the sys- great buying power that the Federal Mr. Speaker, I yield to the gentleman tem that we have, is for the govern- Government would have in terms of from Connecticut (Mr. LARSON). ment to expand Medicare to include initiating a program under Medicare. Mr. LARSON of Connecticut. Mr. prescription drugs, which is what we Currently, whether you are a large Speaker, again, I thank the gentleman are advocating. corporation, whether you are the Fed- for pointing out the many Republicans Again, I do not know whether it is eral Government itself, or whether you on the other side who understand this. the ideology or, maybe going back to are a large labor union, you have the what I said at the beginning, it is just b 2215 opportunity to go directly to pharma- the money from the prescription drug ceutical companies and leverage deep This is an age-old battle between industry that prevents the Republican discounts in order to make prescription Democrats and Republicans and why I leadership from going ahead with a drugs more affordable. Medicare is a feel it is so important that we vote side Medicare program and addressing the Federal program. Medicare would pro- by side on the differences between the issue of price because that makes vide us with an opportunity to have proposals and commend those Repub- sense. I have to believe it is the money large numbers that will allow us to le- licans who have come forward with from the drug companies that is really verage and bring down the cost, just their own concepts and are focused on behind the effort to stop a Medicare like every other western industrialized pricing, because they are among the program. few and the brave and the valiant who country in the world is able to do. This f makes common sense. are willing to go against their own con- I commend our colleagues on the ventional wisdom and ideology. CORPORATE GREED, THE PLEDGE other side of the aisle who understand Roosevelt said it best during the OF ALLEGIANCE, AND COLORADO at the heart of this issue is price and struggles to bring Social Security to FIRES getting the cost down here and being the forefront. He was amazed at the The SPEAKER pro tempore. Under able to have a program that is afford- time that Republicans seemed to be, as the Speaker’s announced policy of Jan- able, that is accessible, and will be he said, frozen in the ice of their own uary 3, 2001, the gentleman from Colo- ready available and, most importantly, indifference to what the policies they rado (Mr. MCINNIS) is recognized for 60 workable for our seniors. Again, that is would perpetrate would do to the minutes. why I commend the gentleman from American public. Frozen in the ice of Mr. MCINNIS. Mr. Speaker, I have a New Jersey (Mr. PALLONE) for his ef- their indifference to what their pro- number of subjects of which I wish to forts. posals would do to a Nation that is cry- cover this evening. Of course, having Mr. PALLONE. Mr. Speaker, I am ing out for relief. That is why their the opportunity to come over and wait going to just mention one more Repub- Members who are standing up and for my time allotment to speak to the lican because I cannot praise them too maybe not in total unison with us but Members here, you get to listen to the much here. It is interesting to see that standing up for what they know is people that preceded you speaking. The some are standing up to their leader- right for senior citizens deserve a great gentleman from New Jersey (Mr. ship. This one is the gentleman from deal of credit. PALLONE) is a very capable individual Pennsylvania (Mr. PETERSON) who said It is my sincere hope that the Rules and speaks very well. There is only one he absolutely would vote against the Committee will provide an opportunity point I want to make clear about his measure unless more money is included for all of us to have an opportunity to conversations. for rural hospitals. He said once phar- vote on the measures that we believe At the beginning of his remarks, he macy is a part of Medicare, there will will best provide relief for those we are expressed some dismay that the Repub- be no extra cash any more. sworn to serve in this country. lican leadership may not be able to What he is referencing is the problem Mr. PALLONE. I want to thank the bring up the prescription care bill, the for rural areas because, as the gen- gentleman for joining me tonight. We Medicare bill, this week. He was very tleman knows, just like with the HMOs probably can find out as soon as we discouraged by that. He talked about that do not offer, do not have benefits, yield back our time what is the situa- and gave some examples of people that we do not have HMOs in a lot of rural tion with the Rules Committee. But, needed prescription assistance and sen- areas, the same problem will exist here again, I agree with you. We just want ior citizens and their trials and tribu- because you do not have a guaranteed this to be brought up, we want to have lations that they go through, of which Medicare benefit. It is unlikely in a lot a debate, we want to have an oppor- of course we would all agree with. of rural areas there would be any kind tunity for the Democratic position to What he did not point out was the of private drug policy offered, which is be considered side by side with the Re- fact that none of the Democrats want what the Republicans are saying. The publican. to help us. So there is a reason that concern is that rural areas will be left And it is not, at least I do not think that bill cannot come to the floor, and out, and there will be no insurance for most of us it is really an issue that that is because we do not have bipar- policies for them to buy. is partisan or even ideological. I just tisan cooperation. The Republicans The other thing is with regard to the think the problem is we know that have asked the Democrats on a regular pharmacies, particularly in rural areas. Medicare works. We have seen it work. basis, pitch in and help us. Prescription What would happen with a private in- We know that before the 1960s when care is a serious problem in this coun- surance plan, just like with HMOs, Medicare came into being that it was try. We have got to come up with some they will decide what vehicle to use to virtually impossible for senior citizens type of solution. We prefer to come up

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.176 pfrm12 PsN: H26PT1 H4056 CONGRESSIONAL RECORD — HOUSE June 26, 2002 with a bipartisan solution. Prescrip- percent, of Colorado is not on fire. 99.9 filed bankruptcy on behalf of the cor- tion care problems out there in our so- percent of the State of Colorado is open poration. Think about that. There are ciety do not happen to just Repub- for tourism; and if you want the great- people that will get in more trouble licans. The ability or lack of ability to est deal of the summer, you go to Colo- stealing a candy bar or a magazine or pay for prescription services does not rado, because there are a lot of deals a tool from one of these retailers than just happen to Democrats. It happens out there. There are a lot of opportuni- will the CEOs. to all people in our country. That is ties. Let us take, for example, WorldCom. why it is necessary for bipartisan sup- Colorado is a very gorgeous State. Of If you steal long distance services from port. course, I am very proud of it. My fam- WorldCom, let us say you steal $100 But, unfortunately, this is an elec- ily on my side and on my wife’s side, worth of long distance services from tion year; and with November not very we have multiple generations in Colo- WorldCom Corporation. You are going far away and with the Democrats vow- rado. I could talk about Colorado all to get in more trouble than the chief ing that they will make prescription evening, but I do want to put it in some executive, Bernie Evers, got in trouble; care services their main issue to try proportion, and we will be looking at and he got a $350 million loan from the and defeat the Republicans, they find this map to my left. I will give you a board of directors, $350 million of within their own conferences no incen- little idea of exactly what we are talk- which he will never be able to pay tive to cooperate. This thing is being ing about. back. driven by politics, and that is exactly But we are not going to move to that It is unbelievable, and the American why we get criticism of the Repub- map yet because I want to also talk economic society is suffering as a re- licans not bringing it up. this evening about corporate greed, sult. We have got to bring the hammer The reason is Republicans do not this WorldCom stuff, KMart, Global down on these executives, and we have have the numbers. They need some Crossing, Xerox Corporation, Tyco Cor- got to bring it down hard and heavy. help from the Democrats. But there is poration, and now maybe even our fa- We have got to make it so that every no way in an election year that the vorite, Martha Stewart. What is going prosecutor in this country, every U.S. Democrats are going to help us with on out there in the corporate world? attorney in this country when they prescription care services. One, they do What is going on with the integrity of think of these chief executives, they not want the issue resolved before No- these people? What are they doing to think of that four letter word, J-A-I-L, vember. They do not want the Repub- our society? What are they doing to jail. licans to get the credit for having that credibility gap which is a founda- Let me start back and let me talk solved the big problem in this country, tion of the economic cycle of this coun- about in a little more detail some of so they will do whatever they can to try, of the economic principles of this these subjects. First of all, let me talk resist any kind of cooperation. And country? about the flag. I, like many millions while on one hand they will not cooper- It depends on integrity from people and millions and millions of Americans ate, they turn around on the other who manage these companies and peo- today, was stunned, stunned, that a hand and blame us for not bringing ple who oversee the management of the Federal appeals court, that two judges that bill to the floor. company, i.e., the board of directors. could bring this country to its knees So I would suggest to my good We are uncovering stone after stone by saying that this country’s Pledge of friends over on the Democratic side, after stone in corporate America, and Allegiance, a pledge that every child in come on, let us be a little less partisan what are we finding? We are finding this country has said, that every school about this. Help us. Work with us. That corporate self-serving greed, not greed in this country and every school this is what we are asking for. in a healthy capitalistic fashion but country has ever had has been said But that is not the intent of my greed in a way that it is criminal. within its four walls is unconstitu- speaking to you this evening. I really I intend to spend some time on that tional because it has the words ‘‘under want to cover three separate subjects. I this evening, too. I intend to talk very God’’ contained within its four corners. want to talk, of course, about the out- specifically about what I think some of You think about this decision. What rageous decision made today by the the solutions are. When I think of what is next? That ought to be the logical Ninth Circuit in California about the is going on out there, it makes me question. We have these liberal judges. fact that America now must hang its think of a four-letter word. That is By the way, you take the most liberal head in disgrace because our Pledge of what I think of when I think of cor- Member of this House Chamber, and Allegiance has been declared unconsti- porate greed. I want to use a four-let- these judges make those liberal Mem- tutional, unconstitutional by a Federal ter word, J-A-I-L, jail. That is exactly bers of this House Chamber look like appeals court. what I am thinking about. That is ex- they are right-wing conservatives. That is no low-level court. That is a actly where some of these corporate ex- The Ninth Circuit is an island of its very high court in our country. It has ecutives ought to be, and it is exactly own as known in the legal circles. I had the audacity to come out and take where those corporate boards of direc- practiced law. I was an attorney. The the most recognized symbol in the tors ought to be. That four letter word, Ninth Circuit has always been known world and the Pledge of Allegiance to J-A-I-L. as kind of an island of its own, but, that symbol and to that country, in a I am not trying to jump into these nonetheless, it is still a Federal ap- time of war, in a time when every remarks too early, but let me tell you peals court. So you have to ask your- other country in the world encourages something. If you were an employee self, okay, somebody that wants to stir its children in its schools, in its insti- with Kmart Corporation or you were an up trouble, what is the next logical tutions, in its areas of public domain, employee with Enron Corporation or thing for this court in California to de- encourages their civilizations to en- Tyco Corporation, or let us go back to clare unconstitutional? gage in religious practice, that this Kmart. Let us say you are just a sales court finds it necessary for the United clerk at Kmart, at one of their stores b 2230 States to see that its Pledge of Alle- and you stole a candy bar. You stole a Could it be the crosses at Arlington giance is unconstitutional because it candy bar from Kmart, from your em- National Cemetery or the crosses at mentions the name God. We will talk a ployer, you stuck it in your pocket, a every military cemetery in this coun- little about that. candy bar, and walked out of the store try? Is it unconstitutional because the I want to talk about the fires in Colo- with it. Up to this point in time, you cross is seen as a symbol of Christi- rado. In fact, I have got a poster. I would suffer more repercussions for anity and we find it on Federal prop- want to talk a little about the fire stealing a candy bar as an employee of erty; we find it on every grave of every damage in Colorado, the fires and what Kmart Corporation than will those ex- military person and their spouses and, is going on. During those discussions, I ecutives of Kmart Corporation who in some cases, their children, who have am going to point out, so that you have loaned themselves millions and mil- served this Nation? And now these some proportion of the damage in Colo- lions and millions of dollars and then judges, do we think that is logical? Of rado, Colorado is not burning as a took a corporate board action and for- course it is logical. And of course it is State. The great majority, 99 and some gave the loans to themselves and then something that now, something that

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.179 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4057 we never imagined any judge would go Now, I know, I know the arguments. those judges have their jobs as a result so far out of bounds of their judicial Look, I used to be a cop, I heard the de- of these soldiers, as a result of the citi- duties that they would, first of all, de- fense attorneys, and I know tomorrow zens of this country. clare our Pledge of Allegiance as un- the American Civil Liberties Union and The judiciary has the respect that it constitutional. Then the next step, some of these other people will stand does because we do indoctrinate our logically, would be for them to go to up and talk about the bravery of these kids at a young age, like every other our national cemeteries and start judges, to stand up against popular country in the history of the world yanking crosses out of our service- opinion, as if popular opinion is always does. We educate them about what a men’s graves. What is next? wrong; to stand up against popular great country it is. We do try and get How interesting. I bet these judges, I opinion and say, the Pledge of Alle- an allegiance to this country built up bet these judges this week; let us see. giance was unconstitutional, and some- early. Is that too much to ask? Is it too July 1, coming next week. I bet on July how they want a feather in their cap much for these judges to swallow that 1, those judges that made that decision and a badge on their vest. a country says to the citizens of this today that the word ‘‘God’’ in the Mr. Speaker, there comes a time country, look, we have an allegiance to Pledge of Allegiance is unconstitu- when we ought to consider the cir- this country? We have an allegiance to tional, I bet those judges on July 1 put cumstances in our Nation. There comes our flag. We have to be willing to fight their greedy little hands out and take a time when we have to say, why do we for the freedom and the principles and their paycheck and take that American need to take this issue on? As if there the Declaration of Independence. We money that says ‘‘In God We Trust’’ on is nothing more important in this need these things. Is the next thing it. I bet they take that money, and I world going on; as if this is the psycho- they are going to throw out is the Dec- bet they stuff it in their pockets. logical blow that the American people laration of Independence because it has Now, I would say to these judges, if need right now, and that is to tell them ‘‘God’’ in it, and that those rights and you are true to principle, you should that when their children go to school, those thoughts and those philosophies refuse this cash. You should not take it is taboo for their children to say the and that idealogy expressed in the Dec- American money. It has ‘‘In God We Pledge of Allegiance; to the finest laration of Independence should no longer be taught in the classroom be- Trust’’ on it. It is unconstitutional. country in the history of the world, the cause it has ‘‘God’’ in it? Give me a You should uphold the judiciary of this strongest country on the face of the Earth. I do not mean just strong mili- break. What is going on here? fine land. You, after all, are the ones Mr. Speaker, we cannot allow this to tarily. I mean strong as far as what it who made the earth-shattering deci- stand. Those judges, those judges does for other countries; strong as far sion that the Pledge of Allegiance in should be isolated; and I will tell my as what it does for the poor people in the United States was unconstitu- colleagues what else. The other body, this world; strong as far as what it does tional. So it should not be you who the leader of the other body who stood for its contributions of inventions, of steps forward for the benefits of Amer- up today and agreed with me, and ac- mechanical inventions, of medical in- ican cash, because after all, that has knowledged that this decision was just ventions, of medicine, of prescriptive ‘‘In God We Trust’’ and that would be pure nuts, ought to let the President offensive to the decision that you services. I mean think about this. judge and get some of these judicial Mr. Speaker, do we know what these made. balanced appointments in, get some judges are? They are elitists. They are But, of course, they will not hear of people in that are balanced. I mean, in an ivory tower out there in Cali- that; and of course, they will take this decision is so extreme, so radical, fornia, and they take for granted the their money on July 1 as they snicker that tomorrow when all of America fact of the hundreds of thousands of about the decision that they handed wakes up, and wait until our Ameri- American soldiers who have died down to the American people today. cans overseas take a look at this. What I studied law. I am a lawyer. Grant- throughout the history of our country do we think it is going to do to them? ed, since I have been in Congress, I to keep this country free. I would like We talk about discouraging. I mean, we have not practiced law. Granted, I am my colleagues to show me one soldier talk about depressing, that is, that not a constitutional lawyer, although I tomorrow that is going to say to us your own court would take one of the studied the Constitution. I would not that their children, that children things that we grew up with and say it be considered as a judicial scholar, by should not say the Pledge of Alle- is unconstitutional because they use any means. But what kind of scholar giance, that our Pledge of Allegiance is the word ‘‘God’’ in it. does one have to be to say to the judi- unconstitutional. I am ashamed. As a lawyer, as an of- cial system in this country, back off? Now, I do take some reluctance in ficer of the court, as a United States How far, how hard do you want to push criticizing the judges’ opinion. I think Congressman, and more importantly this Nation? In a time of war, in a time the judiciary has to have some flexi- than any of that, as a father, as a cit- when this Nation needs to be unified, bility. But by God, and I said that word izen, I am ashamed, I am ashamed at what do we think are going to be the just a minute ago, because I mean it. I what that court in California did ramifications to the generation behind hope He is not paying much attention; today, a Federal court, Federal judges us, to the rest of the world that is look- or He or She or whoever that God is, I who found that the Pledge of Alle- ing at this country and sees that its hope they are not paying much atten- giance of the greatest country in the own judges, its own judges declare our tion as to what these judges in our history of the world is unconstitu- Pledge of Allegiance unconstitutional? country did today. I hope the patriot- tional. Not only do they declare it unconstitu- ism that all of these hundreds of thou- Do not kid ourselves. Remember tional, they issue a dictate that says sands of soldiers that are now dead and years and years ago when the court that this Pledge of Allegiance may not the patriotic cause for which they gave first came out and said we cannot have be said, may not be said within the their lives, or maybe not their lives, a Christmas declaration on Federal walls of our schools. but gave their career; or maybe not land, we cannot have a cross up there I mean, I hope that people under- their career, but gave some time in at Christmastime; remember when stand; and I think the millions, the their lives to go to bat for this coun- they came out and said, you cannot mass of millions of people in the try, I wonder what they are thinking have prayer in school; when they came United States of America understand today about why these judges did not out and started ignoring the basic prin- the slap that was just struck across go to bat for our country, why these ciples, started penetrating family. And their face. The refusal, the rejection of judges have to stretch the law so far, people said, oh, it is just some crazy the American principle of God and lib- so extreme. This is such a liberal inter- decision; it is not going to go any- erty, regardless of what one’s God is, pretation of this that they would have where. This decision, it is so crazy. But that God and liberty and freedom and the audacity or maybe the ignorance or do we know what happens? These judi- strength were rejected today by some maybe the stupidity to come to a Na- cial judges, they kind of grow on them- of the people in whom we put our high- tion as great as this Nation, as a part selves. Some of these judges have egos est confidence. These judges ought to of this Nation, which has given them and they are elitists like we cannot be- resign in shame. everything they have, by the way; lieve.

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.181 pfrm12 PsN: H26PT1 H4058 CONGRESSIONAL RECORD — HOUSE June 26, 2002 In an ivory tower they begin to think preme being that all of us may or may contained, meaning that we are 70 per- more and more and bigger and bigger of not believe in or the type of supreme cent around it. We are going to whip themselves, and the next thing we being that one believes in, but a guid- that fire. That fire got the best of us know they give another judgment. So ing light driven by a sense of patriot- for a few days. But all the publicity do not be surprised. There will be be- ism, a guiding light driven by a flag, by Members heard, that is where that fire fore too long, I am confident of it, a symbol, a guiding light driven by a is. That fire does not have any national some radical liberal will file in the President with integrity, a guiding park in it. It has part of a national for- courts that the crucifix, the cross used light driven by a Pledge of Allegiance. est. We have closed part of that na- in our national cemeteries is unconsti- What is wrong with singing a National tional forest down. tutional because it is a symbol of Anthem? Mr. Speaker, that is probably We have numerous national forests Christianity or a symbol used related next, for some reason. These are all that are still open for the public that to God. Do not be surprised. Although tools, tools of protection of democracy; are not affected by this fire. We have they will use the money, spend the tools that make people come together four national parks that are not af- money for their own needs, but they as a team; tools that are used to excite fected by this fire that are open for the come out and say every American coin, us about our Nation, that are used to public. We have thousands and thou- every American dollar that says ‘‘In encourage us to rededicate time and sands of tours and attractions, tourist God We Trust’’ ought to be declared time and time again our belief in this attractions, that are not affected by unconstitutional, that our money is fine country. And yet tonight, a couple this fire that are open. unconstitutional. of judges at a Federal court trash it. I If Members wanted to camp in this Mr. Speaker, back during the Cold am stunned, disappointed, and even black spot, of which I would guess, of War, I think it was Nikita Kruschev disappointed beyond the point of being the people who visit in Colorado, prob- that said with America, all we have to angry, but I am ashamed of what these ably less than one ten-thousandth of a do is be patient and give them enough judges have done. percent of the visitors we have every rope, and they will hang themselves. Let me move on to an entirely dif- year in our State, less than one ten- Give them enough rope, and they will ferent subject, the subject of fire and thousandth of a percent of the total hang themselves. We do not have to go the fires in the State of Colorado. First visitors that come to our State every year would camp or be in these par- to battle with America. Just give me of all, I will tell my colleagues that my ticular areas to visit. Members’ visit or elitists. Give the elitists enough rope, district consists primarily of all of the vacation to Colorado would not in all and they will hang themselves. Give mountains of Colorado. There are a few likelihood be in any of these black these elitists that declare our Pledge of mountains that are out of it, but most areas of Colorado. Allegiance as unconstitutional, just of the mountains in Colorado are in give them enough authority and Durango is down here in this black that district and will remain in that area. It probably is not a very accurate enough jurisprudence, and pretty soon district after redistricting. Our district depiction. I am looking for a date. This they will divide their own country. in Colorado, it is the third district, the is 3 days old. This map is 3 days old, so Many countries throughout the world highest district in elevation, highest are amused by this. These countries Durango would be down in this area place in the country when you take the about right over here where this little that hate us: Iraq, Iran, North Korea, elevation. I am pointing out a few of think of these countries. They are black mark is right here. That is the these things because we are having Durango fire. That black mark has overjoyed. They look and they see pretty serious problems with a drought within the family, one of the most re- grown. But Durango, the City of Du- out in Colorado. rango, has not burned down. spected symbols of the family, of the In fact, if Members want to go visit a American family, the family is split. b 2245 community, right after the New York We do have serious fires. We have had They are probably as surprised as we City disaster what a lot of us in this a horrible fire in Durango, Colorado. are; but they are smirking, they are country said would help New York was Yesterday we got a second fire in Du- elated, they cannot believe their good to go visit New York. What would help rango, Colorado, just across the road; luck that the American family is being Durango, Colorado, what would help and it was from another origin, an- split, not by outside members, but by Colorado, is to go visit Colorado, go other cause. It was caused by an en- members within the family itself, these have a vacation over there. elitist judges. Those judges should be tirely different source. We have a ter- There are lots of things that can be ashamed of themselves. rible fire raging in Arizona. We had a done, and we can help the State and Mr. Speaker, I did not think when I terrible fire near Denver, still in the help Durango. Durango needs our help. went to law school, I never thought Third Congressional District, called Why? Not because the city has burned. throughout my time as practicing law, the Hayman fires. It has not burned at all. It needs our which I practiced for 10 years, I never But these fires, the national press, help because the perception out there thought when I represented the fine all the pictures that we see in the na- is that we ought to cancel our vaca- State of Colorado in the State House of tional press would lead us to believe tions to Colorado. Representatives, nor did I imagine that that Colorado has been hit by a bomb; In fact, one of our State newspapers being on the House floor of the United that Colorado, somehow all the moun- ran an article to say, hey, come back States Congress, a privilege and an tains are on fire, and that Colorado is next year. That on its face is an absurd honor for me, that I would be standing a dangerous place to visit. I will tell statement. As I said, 99 and some per- in front of my colleagues talking about the Members that on its face is inac- cent of this State is unaffected by these judges in the way that I am, curate. those black marks, and the majority of about the disgrace they have brought I have to my left, and I would like to those black marks up near Glenwood about to our country. I hope that the go through this map, what this map Springs, for example, in Glenwood generations and generations of their does is shows Colorado fire damage. Springs, I do not think, and I am from families from now, assuming that this The black spots on this map will show there, I was born and raised there so I country survives over a long period of Members where there has been fire know the fire pattern very well, I do time, I hope that their families will damage. not think one campground in Glenwood look back someday upon the words of Members have heard about the size of springs was closed as a result of this my record this evening and understand these fires. They are huge. We have fire, or is closed as a result of this fire. my anger and my disgrace directed to- heard about them. But when we put it I might be off by one. But there is so wards them for the decision they made in proportion to the entire State of much area around Glenwood Springs. today. Colorado, these are not the size areas This is the flattop region. Look at all Mr. Speaker, this is not emotionally we imagine by seeing all the pictures this area. There are hundreds and hun- driven. This is driven by my intense in the national press. dreds of thousands of square miles, or, love and my intense belief that this Here is that massive, massive fire excuse me, hundreds and hundreds, country has to have a guiding light, called the Hayman fire near Denver, millions of acres and hundreds of thou- and that guiding light is not only a su- Colorado. That fire is about 70 percent sands of square miles, I guess would be

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.182 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4059 correct, that we can go visit and camp who are educated, who grow up in it, been scorched to that point. These fires and these attractions that we can go who work it every day, our Forest are not good for us. to. Service, our BLM people, these Federal These fires are burning with an in- Let me explain what got us to the biologists, we need to let them manage tensity that we have not seen in re- fire situation that we are in. First of these forests. We need to follow their corded history. These fires are burning all, keep in mind the dryness and the advice, instead of going out to the pub- at a rate that is incredible. Yesterday’s drought. What we have had is we have lic as a whole and driving emotional second fire in Durango burnt 20 acres had a large accumulation of dead forest thought and then forcing it back on in 4 minutes, 20 acres. Think of four material, and we call that material these agencies. I hope these fires wake football fields in 4 minutes burning; fuel. It drops off the trees, for example, some of these people up. starting at one point, not multiple and it accumulates on the forest floor. But putting the environmental issue points, but starting in one point and Now, nature, frankly, before the Na- aside, I also want to say to my fellow going through 20 football fields, ap- tive Americans, before humans occu- homeowners out there in the moun- proximately an acre, going through 20 pied, nature used to take care of these tains, I have had some of my colleagues football fields in 4 minutes. There is a forests because they were what we who have come up to me and said, look, reason that is happening. could truly call at that point natural why do you guys live up there? Why do The other thing that concerns us forests, and fire would rage on a con- you live in those mountains? Why do about the fire season that we are facing sistent basis throughout much of the you live out there where there are this year is that it is so early in the United States. In fact, to give a little trees that can burn up? season. We do not usually see these history, in the 1900s, 1910, 1920, and I said, wait a minute, why do you kinds of fires of this intensity this really this is what led to the birth of have trees in your yard in the big cit- early in the season. Smokey, the Bear, we would, on an an- ies? That is where we live. It is our The other concern we have, as I men- nual basis, have 50 million acres, up to home. It has been our home for many, tioned earlier, the district that I rep- 50 million acres a year that would burn many years; generations in my fam- resent, am privileged to represent, is at in this country. ily’s situation and in my wife’s family, the highest elevation on the continent. Last year, for example, I think we too. Do not tell us to move from where We do not have fires above 9,000 feet had 3 million acres burn, because we we lived since the 1860s and where our this early in the season. Our Nation, have become much better at fire sup- Native American people have lived for for the first time since we have had a pression. Our acreage, and because we several hundred years. That is our level 5, which is the highest level of have really educated the public about home. alert for firefighting that we can go to, the dangers of fire, instead of losing 50 But we do have a responsibility, fel- for the first time in the history of this million acres a year, we are losing low homeowners out there, and that is alert we have gone to it before July 28. much closer to 3 to 5 million acres a to take care of our own properties. Now it is not uncommon to go to a year, which means over a period of Every one of us who lives out there in level 5 alert system on our fires. We did time 45 million acres a year is not what we call the urban interface, where it in, I think, the fire year 2000. But being cleared out by fire, so we have the homes start to come into these for- what is uncommon is to go so early. fuel. ests around ponderosa pine or things So there are a lot of challenges we It is like trash in the home. Over like that, we need to put some money face out in Colorado, but I will tell the time, it accumulates; and, over time, it and put some investment in the protec- Members, what would really hurt Colo- becomes a hazard. That is what has tion of our home. rado was for tourists, for people who happened on our forest floors. We have I frankly do not think it is going to wanted to come visit what is one of the not been able to get in there for a num- take government regulations to force most beautiful States, one of the most ber of reasons, the least of which or the us to do it. What I think is going to beautiful geographical locations in the not the least of which is the environ- force us to do it out there are the world, to cancel their visits this sum- mental movements, which have op- homeowners insurance companies. mer and decide to come next year. posed, because they are so emotionally They are going to say, with some jus- I am telling the Members, there are a driven against logging. tification, we are not going to ensure lot of people that would hurt very, very And, by the way, Colorado is not even your home unless we get a check-off badly if people just decided not to a logging State. I am not sure we have that your home has been treated, that come to Colorado this year. I would a large commercial sawmill left in Col- the trees around your house have been urge my colleagues, in our own little orado. trimmed back, that you do not have a way we have suffered greatly. Some of But they are so emotionally driven ponderosa pine tree up against your our families, probably 700 or 800 of our by logging and their hatred towards house, that you have done the proper families, have lost their homes. Fortu- logging that they have used these emo- trimming, treating, and cleaned out nately, the loss of life has been mini- tional arguments and their educational the pine needles, and so on, and then mized, although last weekend not far efforts to try and stop the thinning of we will ensure your home against fire. from my house we lost five firefighters the forests. Now, of course, after the So that is something we can do for the in a car accident, which brings me to fire they cannot wait to get up there future. the point: I want everybody to wear and say, Oh, no, we support thinning of But what are the dangers we are see- their seatbelts. It was a tragic loss, forests, but look at the facts, and they ing this year in this fire season? Why is young people. have contributed to it. everything so explosive? Not every- In fact, it was interesting, one of the I am not saying that these radical or- thing, but why, where we have had the fathers of one of these men said, you ganizations, these radical environ- fire, do we see fires so intense, so in- know something, these bastards, they mental organizations, are the cause of tense they sterilize the soil? will not let us timber these forests, but the fire. I am not saying that they are And these people that tell us, well, they expect us to send our young men the only contributing factor to the fire. this fire in Durango or the Hayman and women in there to fight these fires. But what I am saying is, do not let fires, these are good for the environ- So there is some bitterness out there. them leave the table. Bring them back ment. It is not good for the environ- But one way to help ease this pain, it to the table, because they did con- ment. These are horrible fires. In Du- is the same thing that we talked about tribute. Their actions, instead of allow- rango, it rained dead birds. We had after September 11 to help New York ing our forest service to manage our birds falling out of the skies, flying City ease its pain: Go visit New York forests based on science, they have en- into the gases. We had smoke plumes City. Go visit Colorado. gineered and financed and engaged in a 50,000 feet in the air. We have soil that Again, I want to refocus on this map very sophisticated educational effort is so hot that it has been, as I said, it to my left. The areas that have burned to have our forests managed by emo- has been neutralized. It will not be out, the areas where the fires are, and tion, not by science. good for planting. It is so hard, the they were burned out as of 2 days ago, We have to come back to science. We water is just going to run right off it. are indicated by the black marks. If we need to let the people who specialize, It will not go in it anymore. It has put all of the black marks together,

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.184 pfrm12 PsN: H26PT1 H4060 CONGRESSIONAL RECORD — HOUSE June 26, 2002 follow my finger here to the left, we question first.’’ Let me repeat that its corporation, it has a ripple effect. It probably would have an area about like question. The question from the re- affects all of America. What did they this, and the rest of the State is green. porter, ‘‘Do you believe there is a crisis also announce today? That because of So do not think for a moment that in confidence amongst American peo- this fraud they had to lay off 17,000 all of Colorado is burning, that it looks ple vis-a-vis the economy, particularly people. There are 17,000 people today like a desert of burnt-out ash. It is not the stock market in view of yet an- without jobs because of greed in that that at all. We have our problems, and other failure of an American corpora- corporate board room, because of greed we have some fires. We are working on tion?’’ The President responds, ‘‘Let of a few self-serving criminals, in my them, and we need your help. But the me answer the second question first. opinion. And you can find it in best thing you can do to help us, out- The market is not as strong as it WorldCom Corporation. side of your prayers, is to come visit us should be for three reasons: one, cor- And WorldCom is not alone, unfortu- in Colorado. Go ahead with your sched- porate profits.’’ The President is right. nately. Take a look though what uled vacation. I urge Members to do it, We are having an economic cycle. We WorldCom did. They are not a bank. and I am asking people for the help. I have economic cycles, and in the down- WorldCom is not a bank. It is a long am asking for consideration to come turn your profits are not good. The distance company. It is a communica- out to Colorado and help us this year. President is right on that point. ‘‘Sec- tions company. It is a telecom com- Of any year we have needed some help, ond, there are concerns whether or not pany. It is not a bank. Banks loan we are asking for it now. the United States and our friends can money. Long distance companies do Let me move on to my final subject prevent future terrorist attacks.’’ not loan money. They sell you long dis- of the evening. I will talk about some So you have number one corporate tance services, but WorldCom was dif- of the principles of American econom- profits; you have number two post-Sep- ferent. It was a bank. It loaned money. ics. Now, I am not an economics schol- tember 11. What is next? How do we But you know who it loaned money to? ar. I do have a degree in business ad- protect our assets? Are our nuclear It did not loan money to any of its em- ministration. I have enjoyed business plants at risk? Is the Capitol at risk? ployees at the lower level. It loaned all my life. I read everything I can How do we protect our assets? That is money to their chief, to the president. about business. I think I am pretty the second item. The guy needed five bucks for a sand- studied on it, but I certainly am not a But of interest this evening to my re- wich at lunch. That is not what they scholastic professor or talented, marks are what the President says is did. They loaned the chief executive of- maybe, necessarily. But I do under- the third factor that is hurting our ficer, Bernie Ebbers $350 million, $350 stand some principles. stock market, that is hurting our na- million. By the way it did not come out tional economy. I quote from the Presi- b 2300 of the board of directors’ pockets. It dent: ‘‘Thirdly, there are some con- came out of the stockholders’. It came And some of the principles that we cerns with the validity of the balance out of the corporate treasury. It came have in business in this country, real- sheets of corporate America and I can out of the consumers’. It came out of ly, our capitalistic system works pret- understand why. We have had too the American buying public to give one ty well; but when you really take a many cases of people abusing their re- person a 350 or $360 million loan, while look at the capitalistic system, there is sponsibilities and people just need to at the same time this person who is the one part of the foundation, we have a know that the Security and Exchange head of the corporation so he is captain couple of parts of foundation that are Commission is on it. Our government is of the ship, a ship which is committing, important for the building to stand. on it. We will pursue within our laws while this is all going, a 3 or $4 billion One of them is the judiciary, the en- those who are responsible or acting ir- fraud just unveiled in the last few days. forcement of contracts in this country. responsible.’’ Why are those people not in jail? The other is the freedom to operate. The President is right. Corporate I am telling you I am going to do ev- Another foundation pillar would be America, many of your leaders in cor- erything I can within the abilities of interstate commerce, the ability to do porate America have let this country the office that I hold to faithfully and business from one State to the other. down in many different ways. You can diligently prosecute these people who But in the center of all of this, one of take a look at some of the corporations are abusing the privileges in our sys- the pillars of the foundation for our that are making every effort they can tem of commerce in this country. capitalistic system is integrity, integ- to incorporate in other countries to Now, was it WorldCom alone? No, rity and credibility from the people take their headquarters, even though take a look at K-Mart Corporation. K- that manage these corporations, the they have no customers, like Stanley Mart is in bankruptcy. That is a fine chief executive officers; and he can tell Tool Corporation. Even though Stanley corporation, and they drove it into the you that America has been let down. has no sales in Bermuda, no customers, hole. But before they took it into Not let down by one person here and no employees in Bermuda, they have bankruptcy, what did the executives at one person there. But we have now reincorporated their corporation, re- K-Mart do? Well, they borrowed been let down by enough of these chief member Stanley Tool, the tape meas- money. K-Mart is not a bank. K-Mart executive officers, by enough of these ures you buy at the hardware store, in does not loan money to its customers. boards of directors, that the perception Bermuda to avoid paying taxes like K-Mart sells merchandise. But their ex- amongst the American people is that a every other American has to make. De- ecutives used K-Mart, their board of di- great majority of the business commu- spite the fact that we have American rectors used K-Mart as a bank. Their nity in our country is corrupt. That is soldiers fighting so that corporations executives used it as an ATM machine. not true. But that is the perception and business in this country can have Just like Bernie Ebbers pulled 350 mil- that is out there. And frankly the per- the freedom of commerce, they give lion out of the ATM machine at ception is well deserved. Why? Take a their lives, these young men and WorldCom that he built and put in look at what has gone on. And I am women, people throughout this country place, the ATM machine, so did the ex- going to give you a few examples of sacrifice whether it is in the judiciary ecutives at K-Mart corporation. why people in this country are sick and or other means, to provide for free en- How many people have lost their jobs tired of what is going on in corporate terprise, to provide for commerce and at K-Mart because of their corporate America. the free flow of commerce, and yet we greed? Those executives not only bor- I want to tell you I am proud. The have these people that are abusing the rowed the money, but they wanted to President promises that we are going privilege that has been granted to make sure right before they have filed to have a WorldCom investigation. And them. for bankruptcy for K-Mart corporation, I think the President has mentioned a Let me give you some other exam- that they passed a board resolution couple of points I think that are worth ples. We hear about Enron. Take a look which forgave the loans, said do not repeating right here. President Bush, at WorldCom, which today admitted, pay us back. You do not have to worry and I am urging the Democrats to join today admitted a 3 or $4 billion fraud about it. It is a gift. us in this effort, but President Bush against the stockholders of its corpora- Enron, we have heard a lot about today said, ‘‘Let me answer the second tion. And not only the stockholders of Enron. What a disgrace. Andrew

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.186 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4061 Fastow, you heard about Andrew executives at Global Crossing and the not going to pan out, by the way, that Fastow, F-A-S-T-O-W, sets up secret executives at Tyco, as well as our fa- lawyer ought to go to jail. He ought to partnerships, pays himself $40 million. vorite, Martha Stewart, all fly around be disbarred and every asset that he And I am telling you today, so far at in private jets. This has not hurt many has that he got through his ill-gained this point in time, if you stole a candy of these people. You think Andrew fruits ought to be taken away from bar or you stole a magazine at the Fastow down there in Texas is flying him and given back to the people that magazine store up the street here from commercial? No, he is probably flying he took it from. the Capitol, you would be suffering private commercial jet, living like a It is the same thing with the guy at more consequences than this Andrew king down there, having taken all this WorldCom. I understand I think his an- Fastow who worked for Enron Corpora- money. nual retirement is $4 million a year. tion is suffering for stealing 35 or $50 How many of those people that work They ought to take it away from him. million that he paid himself as a sal- for Enron are flying around like that? Why do we reward these people who ary. He does not call it stealing. He They are lucky to go to a garage sale have put dirt in the filter that is so im- says, look, I earned it. I went out and to try and sell some of the things they portant for our economic engine to did a little work for a couple of months have. run? It does not stop there. How do you and should have got paid $40 million. Let me go on because it does not stop restore confidence in the stock market By the way I did not bother to tell any- just at Global Crossing. in this country? In the last 5 years, body about it because I wanted it to be How interesting that WorldCom what we experienced in this country a secret. today had as its auditor Arthur Ander- was a tremendous participation in one By the way, I was a big art donor and sen. Ever heard that name before, Ar- of the neat mechanisms of our econ- down there in Texas I gave lots to thur Andersen? I can tell you, instead omy and that is the stock market. We charity and stuff so leave me alone. of bringing the corporation down, I do had people, whether they were driving You know what? Andrew ought to not understand why we did not go to a taxicab, we had congressmen, myself spend a long time in that four letter those specific auditors that are respon- included, we had people that had never word I used earlier on, J-A-I-L, jail. He sible for the obstruction of justice, before been in the stock market. They ought to go straight to jail. He ought that are responsible for the malfea- invested in the stock market. to be on that Monopoly card when he sance in Enron audits and now Now we have got an economic down- bets everybody else’s money. And he WorldCom audits and take those audi- turn, but that is being hidden. The not only bets their money, he takes tors and send them to jail, give them cycle of the economic downturn is their money for his own self-serving that four-letter word, give them that being concealed and hidden and dis- purposes. He ought to pull that card card in the Monopoly game that says tracted, diverted from by fraud in the every time he reaches into that deck, you go straight to jail. It is not hap- corporate boardroom and in the cor- he ought to pull out that card that pening. porate chief executive offices. says you ought to go straight to jail. I got a little encouragement today Once we start this cycle, and we need He ought to go straight to jail. And when President Bush, and you know confidence to get that cycle going back that is not the only one at Enron. We how he is when he announces a com- up again, how many of those people all know about the Ken Lays and some mitment, when he sets his eyes on driving those cabs or how many of of the other mismanagement that went something. When he is focused, he goes those people that invested in that mar- on. for it; and I think he is committed. ket are going to have enough con- Take a look at the bonuses they paid I would hope the Members of the U.S. fidence that they will get back into the to their executives. They paid some of House, both Republican and Democrat, market? their executives millions and millions come on board and clean the system of Take a look at some of these people. of dollars to stay with the company the dirt that we have got in there. This What is that guy named Henry Blodget after the news broke about the corrup- dirt is in our filter, and this filter is or something from Merrill Lynch, and tion of the company. And some of these important for our engine to run. Our he went out there and on TV and in executive officers took their millions economic engine needs clean filters. We front of the public he said, this is the of dollars in bonuses and walked away have got to take the time to slow the greatest stock since sliced bread; and 30 days later. And how many thousands engine down enough, although it has then behind the scenes, he would write of employees of Enron now are losing been slowed down because the filter is something, this stock stinks or what a houses because they cannot make pay- too dirty. We have got to pull those fil- rotten piece of stock or this breakdown ments, have to give up their cars, can- ters out, and we have got to get the in that funnel of trust is significant, not send their kids to the colleges they dirt out of the filters. and we need to go after it. all dreamed of? How many of these The dirt means that we go after peo- I will tell you, it is amazing to me. 17,000 employees that got laid off today ple like the WorldCom that have taken Martha Stewart, is that what is next? at WorldCom lose their dreams because this money, that have committed these How many more rocks out there that Bernie Ebbers got a $350 million loan acts of larceny and crime against the when we look under them we are going from the corporation while they drove people of America and their stock- to find problems, we are going to find the corporation into the ground as a holders, and it does not stop there. fraud? I hope not too many are left. result of a $4 billion fraud. Look at Tyco Corporation, look at the The only way to teach a lesson here lawyer for Tyco Corporation. I used to is you have to have punishment. You b 2310 practice law. This lawyer made an have got to have consequences to their It does not stop there. Take a look at agreement, had their board of directors actions. You cannot allow these chief Xerox Corporation. Who could have approve an agreement that if he was executives, this Andy guy, Andrew ever imagined that Xerox would find convicted of a felony within a year and down there at Enron or Ken down there itself in this situation? Take a look at got fired because he was convicted of a at Enron or Bernie Ebbers or the law- Global Crossing. Who today, on a small felony, they had to pay him $10 mil- yer that worked for Tyco or John Rigas paragraph in the national media, you lion. This guy got paid $20, $30, $40 mil- of the cable company, whatever it is will notice Global Crossing also admit lion, and he put the payments in such out there in California, you cannot they shredded a few documents, that a way that he did not have to go in allow these people to walk away, re- they really are going to try and behave front of the board of directors or dis- warded from malfeasance. These people themselves, but how much punishment close it on their public disclosure have to pay the consequences, or the has been doled out to the Global Cross- statements as an executive salary, and credibility of the system is damaged ing executives? his lawyer stands up for this lawyer for a long, long time. Take a look at the billionaire that and says this is justified when the Let me summarize my words this runs that, billionaire, flies around. By whole story comes out. evening. I really covered four areas. the way, the executives at WorldCom, We are anxious to see the whole First of all, I wanted to stress to my the executives at Enron, the executives story, and I will tell you this, if the friends on the Democratic aisle, who in at Kmart, the executives at Xerox, the whole story does not pan out, and it is their comments this evening started

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.188 pfrm12 PsN: H26PT1 H4062 CONGRESSIONAL RECORD — HOUSE June 26, 2002 out by criticizing the Republicans, be- I cannot tell you how proud I am of anyone probably next to New York cause this week and the remaining 2 our emergency personnel, whether they State needs you to come and spend days of this week we may not be able are ambulance drivers, whether it is some of your money. Come to our to bring a prescription care bill to the the Red Cross people volunteering their Rockies baseball games, go see the Air floor. My point was the reason we can- time, whether it is our local sheriffs, Force Academy, go over to the Western not bring it is we are not getting any our local police chiefs, our policemen, slope, go enjoy the pool in the Glen- Democratic support at all. We have had our sheriff’s offices, our whole commu- wood Springs and the Colorado Na- no Democrat over there, especially on nities have come together in Colorado tional Monument in Grand Junction or the liberal side of the Democratic to put the resources necessary to beat up in Estes Park the Rocky Mountain party, none of them have come across down these fires. And we will win. We National Park or the great sand dunes the aisle and been willing to help us. will win over time, but in the mean- down near Alamosa. That is why we cannot bring the bill to time we have taken a horrible loss to the floor. All they want to do is kill it our wildlife, to many people’s resi- b 2320 for political purposes. dents. We lost five firefighters last We have a lot of areas open for you to So let us call an ace an ace. That is week. come and enjoy. I hope you do. why we cannot. We want to bring it to The other point I wanted to make And, of course, the final subject that the floor. We want bipartisan support. about the fires in Colorado was Colo- I spoke about this evening was cor- I urge the Democrats to help us. rado is still open for business. Colorado porate greed. All of us, and I am urging I talked about the fires in Colorado is open for tourists. And again, I just the Democrats to join us, must fight and the characteristics, some charac- want to point out in this map to my this corporate greed. teristics of the fire, what we are con- left, please look to my left, it is the cerned about. We have plenty of re- black part on this map here and a few f sources that we are putting out there dots throughout the mountains, and in those fires. The Forest Service has that is actually a lake down there. RECESS done a tremendous job so far, the Bu- These blackened areas, that is all of The SPEAKER pro tempore (Mr. reau of Land Management, our local Colorado that is burned. The entire KERNS). Pursuant to clause 12 of rule I, fire departments, our local volunteer State is not on fire. Our State does not the Chair declares the House in recess fire departments have saved thousands, look like a wasteland, a desert of ash. subject to the call of the Chair. thousands of structures in Colorado It is a State waiting for you to visit. It Accordingly (at 11 o’clock and 20 around these communities that were is a State prepared to give you a time. minutes p.m.), the House stood in re- burned. It is a State that this year more than cess subject to the call of the Chair.

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

EXECUTIVE COMMUNICATIONS, Protection Agency, transmitting the Agen- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the ETC. cy’s final rule — Approval and Promulgation Committee on Energy and Commerce. of Implementation Plans and Designation of 7649. A letter from the Principal Deputy Under clause 8 of rule XII, executive Areas for Air Quality Planning Purposes: Ar- communications were taken from the Associate Administrator, Environmental izona [AZ-113-0054a; FRL-7233-6] received Protection Agency, transmitting the Agen- Speaker’s table and referred as follows: June 21, 2002, pursuant to 5 U.S.C. cy’s final rule — Revisions to the California 7640. A letter from the Congressional Re- 801(a)(1)(A); to the Committee on Energy and State Implementation Plan, South Coast Air view Coordinator, Animal and Plant Health Commerce. Quality Management District [CA247-0352; 7645. A letter from the Principal Deputy Inspection Service, Department of Agri- FRL-7227-2] received June 21, 2002, pursuant Associate Administrator, Environmental culture, transmitting the Department’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on Protection Agency, transmitting the Agen- rule — Change in Disease Status of Estonia Energy and Commerce. With Regard to Rinderpest and Foot-and- cy’s final rule — Approval and Promulgation Mouth Disease [Docket No. 01-041-2] received of Sandpoint, Idaho, Air Quality Implemen- 7650. A letter from the Principal Deputy May 31, 2002, pursuant to 5 U.S.C. tation Plan [Docket ID-15-6995a; FRL-7232-1] Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Agri- received June 21, 2002, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- culture. 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Approval and Promulgation 7641. A letter from the Deputy Secretary, Commerce. of Air Quality Implementation Plans; Mary- Department of Defense, transmitting the De- 7646. A letter from the Principal Deputy land; Visible Emissions and Open Fire partment’s report entitled, ‘‘Virtual Military Associate Administrator, Environmental Amendments; Correction [MD062-3087a; FRL- Health Institute: Promoting Excellence in Protection Agency, transmitting the Agen- 7236-8] received June 21, 2002, pursuant to 5 Executive Skills for the Military Health Sys- cy’s final rule — Approval and Promulgation U.S.C. 801(a)(1)(A); to the Committee on En- tem’’ as a requirement to the Floyd D. of Implementation Plans and Designation of ergy and Commerce. Spence National Defense Authorization Act Areas for Air Quality Planning Purposes: Ar- 7651. A letter from the Principal Deputy FY 2001, Section 760; to the Committee on izona [AZ-109-0051a; FRL-7233-5] received Associate Administrator, Environmental Armed Services. June 21, 2002, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 7642. A letter from the Legislative and Reg- 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Wisconsin: Final Authoriza- ulatory Activities Division, Department of Commerce. tion of State Hazardous Waste Management the Treasury, transmitting the Department’s 7647. A letter from the Principal Deputy Program Revision [FRL-7237-2] received June final rule — Prohibition Against Use of Associate Administrator, Environmental 21, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Interstate Branches Primarily for Deposit Protection Agency, transmitting the Agen- the Committee on Energy and Commerce. Production [Regulation H; Docket No. R- cy’s final rule — Revisions to the California 7652. A letter from the Principal Deputy 1099] (RIN: 3064-AC36) received June 7, 2002, State Implementation Plan, San Joaquin Associate Administrator, Environmental pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Valley Unified Air Pollution Control District Protection Agency, transmitting the Agen- mittee on Financial Services. [CA261-0344a; FRL-7227-6] received June 21, 7643. A letter from the General Counsel, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the cy’s final rule — Approval and Promulgation Federal Emergency Management Agency, Committee on Energy and Commerce. of Air Quality Implementation Plans; Wis- transmitting the Agency’s final rule — Sus- 7648. A letter from the Principal Deputy consin; Excess Volatile Organic Compound pension of Community Eligibility [Docket Associate Administrator, Environmental Emissions Fee Rule [WI104-02-7334; FRL-7226- No. FEMA-7783] received May 31, 2002, pursu- Protection Agency, transmitting the Agen- 8] received June 21, 2002, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee cy’s final rule — Revisions to the California 801(a)(1)(A); to the Committee on Energy and on Financial Services. State Implementation Plan, San Joaquin Commerce. 7644. A letter from the Principal Deputy Valley Unified Air Pollution Control District 7653. A letter from the Director, Defense Associate Administrator, Environmental [CA261-0343a; FRL-7220-4] received June 21, Security Cooperation Agency, Department of

VerDate 11-MAY-2000 04:14 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00132 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.190 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H4063 Defense, transmitting notification con- 7666. A letter from the Trial Attorney, De- the Service’s final rule — Cafeteria Plans cerning the Department of the Navy’s pro- partment of Transportation, transmitting (Rev. Rul. 2002-27) received May 31, 2002, pur- posed Letter(s) of Offer and Acceptance the Department’s final rule — Signal and suant to 5 U.S.C. 801(a)(1)(A); to the Com- (LOA) to Bahrain for defense articles and Train Control; Miscellaneous Amendments mittee on Ways and Means. services (Transmittal No. 02-29), pursuant to [FRA Docket No. RSSI-1; Notice No. 2] (RIN: 7677. A letter from the Chief, Regulations 22 U.S.C. 2776(b); to the Committee on Inter- 2130-AB06; 2130-AB05) received June 7, 2002, Unit, Internal Revenue Service, transmitting national Relations. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Service’s final rule — Determination of 7654. A letter from the Assistant Secretary mittee on Transportation and Infrastruc- Issue Price in the Case of Certain Debt In- for Legislative Affairs, Department of State, ture. struments Issued for Property (Rev. Rul. transmitting certification of a proposed li- 7667. A letter from the Trial Attorney, De- 2002-36) received June 7, 2002, pursuant to 5 cense for the export of defense articles or de- partment of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on fense services sold commercially under a the Department’s final rule — Signal and Ways and Means. contract to Italy [Transmittal No. DTC 147- Train Control; Miscellaneous Amendments 7678. A letter from the Chief, Regulations 01], pursuant to 22 U.S.C. 2776(c); to the Com- [FRA Docket No. RSSI-1; Notice No. 2] (RIN: Unit, Internal Revenue Service, transmitting mittee on International Relations. 2130-AB06; 2130-AB05) received June 7, 2002, the Service’s final rule — Changes in ac- counting periods and methods of accounting 7655. A letter from the Assistant Secretary pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (Rev. Proc. 2002-36) received May 31, 2002, for Legislative Affairs, Department of State, mittee on Transportation and Infrastruc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting certification of a proposed li- ture. mittee on Ways and Means. 7668. A letter from the Chief, Regulations cense for the export of defense articles to 7679. A letter from the Chief, Regulations Pakistan [Transmittal No. DTC 75-02], pursu- and Administrative Law, USCG, Department Unit, Internal Revenue Service, transmitting ant to 22 U.S.C. 2776(c); to the Committee on of Transportation, transmitting the Depart- the Service’s final rule — IRS Announces International Relations. ment’s final rule — Protection of Naval Ves- Regulations will be Issued to Prevent Dupli- 7656. A letter from the Assistant Secretary sels [LANT AREA-01-001] (RIN: 2115-AG23) re- cation of Losses within a Consolidated Group for Legislative Affairs, Department of State, ceived June 7, 2002, pursuant to 5 U.S.C. on Dispositions of Member Stock (Notice transmitting certification of a proposed li- 801(a)(1)(A); to the Committee on Transpor- 2002-18) received June 3, 2002, pursuant to 5 cense for the export of defense articles to tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on Pakistan [Transmittal No. DTC 81-02], pursu- 7669. A letter from the Chief, Regulations Ways and Means. ant to 22 U.S.C. 2776(c); to the Committee on and Administrative Law, USCG, Department 7680. A letter from the Chief, Regulations International Relations. of Transportation, transmitting the Depart- Unit, Internal Revenue Service, transmitting 7657. A letter from the Assistant Secretary ment’s final rule — Drawbridge Operating the Service’s final rule — Treatment of Com- for Legislative Affairs, Department of State, Regulation; Mississippi River, Iowa and Illi- munity Income for Certain Individuals not transmitting certification of a proposed li- nois [CGD08-01-048] received June 7, 2002, pur- Filing Joint Returns [REG-115054-01] (RIN: cense for the export of defense articles to suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1545-AY83) received June 3, 2002, pursuant to Pakistan [Transmittal No. DTC 61-02], pursu- mittee on Transportation and Infrastruc- 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 22 U.S.C. 2776(c); to the Committee on ture. Ways and Means. International Relations. 7670. A letter from the Chief, Regulations 7681. A letter from the Chief, Regulations 7658. A letter from the Assistant Secretary and Administrative Law, USCG, Department Unit, Internal Revenue Service, transmitting for Legislative Affairs, Department of State, of Transportation, transmitting the Depart- the Service’s final rule — Rulings and Deter- transmitting certification of a proposed li- ment’s final rule — Drawbridge Operation mination Letters (Rev. Proc. 2002-32) re- cense for the export of defense articles to Regulation; Mississippi River, Iowa and Illi- ceived June 7, 2002, pursuant to 5 U.S.C. Pakistan [Transmittal No. DTC 78-02], pursu- nois [CGD08-01-042] (RIN: 2115-AE47) received 801(a)(1)(A); to the Committee on Ways and ant to 22 U.S.C. 2776(c); to the Committee on June 7, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Means. International Relations. to the Committee on Transportation and In- 7682. A letter from the Chief, Regulations 7659. A letter from the Assistant Secretary frastructure. Unit, Internal Revenue Service, transmitting for Legislative Affairs, Department of State, 7671. A letter from the Chief, Regulations the Service’s final rule — Disclosure of Re- transmitting certification of a proposed li- and Administrative Law, USCG, Department turns and Return Information by other cense for the export of defense articles or de- of Transportation, transmitting the Depart- Agencies [REG-105344-01] (RIN: 1545-AY77) re- fense services sold commercially under a ment’s final rule — Special Local Regula- ceived June 3, 2002, pursuant to 5 U.S.C. contract to India [Transmittal No. DTC 03- tions for Marine Events; Chesapeake Bay 801(a)(1)(A); to the Committee on Ways and 02], pursuant to 22 U.S.C. 2776(c); to the Com- near Annapolis, MD [CGD05-02-009] (RIN: Means. mittee on International Relations. 2115-AE46) received June 7, 2002, pursuant to 7683. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting 7660. A communication from the President 5 U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule — Examination of re- of the United States, transmitting a report Transportation and Infrastructure. on the temporary and permanent U.S. mili- 7672. A letter from the Chief, Regulations turns and claims for refund, credit or abate- ment; determination of correct tax liability tary personnel and U.S. civilians retained as and Administrative Law, USCG, Department (Rev. Proc. 2002-30) received May 31, 2002, contractors in Colombia involved in sup- of Transportation, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- porting Plan Colombia; to the Committee on ment’s final rule — Security Zone; Calvert mittee on Ways and Means. International Relations. Cliffs Nuclear Power Plant, Chesapeake Bay, 7684. A letter from the Chief, Regulations 7661. A letter from the Assistant Adminis- Calvert County, MD [CGD05-01-071] (RIN: Unit, Internal Revenue Service, transmitting tration for Human Resources and Education, 2115-AA97) received June 7, 2002, pursuant to the Service’s final rule — Announcement and National Aeronautics and Space Administra- 5 U.S.C. 801(a)(1)(A); to the Committee on Report Concerning Pre-filing Agreements tion, transmitting a report pursuant to the Transportation and Infrastructure. (Announcement 2002-54) received June 7, 2002, 7673. A letter from the Chief, Regulations Federal Vacancies Reform Act of 1998; to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Government Reform. and Administrative Law, USCG, Department mittee on Ways and Means. 7662. A letter from the Assistant Director, of Transportation, transmitting the Depart- 7685. A letter from the Chief, Regulations Executive and Political Personnel, Depart- ment’s final rule — Safety and Security Unit, Internal Revenue Service, transmitting ment of Defense, transmitting a report pur- Zones; Liquid Natural Gas Carrier Transits the Service’s final rule — Last-in, First-out suant to the Federal Vacancies Reform Act and Anchorage Operations, Boston, Marine Inventories (Rev. Rul. 2002-7) received May of 1998; to the Committee on Government Re- Inspection Zone and Captain of the Port 31, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to form. Zone [CGD01-01-214] (RIN: 2115-AA97) re- the Committee on Ways and Means. 7663. A letter from the Human Resources ceived June 7, 2002, pursuant to 5 U.S.C. 7686. A letter from the Chief, Regulations Specialist, Department of Labor, transmit- 801(a)(1)(A); to the Committee on Transpor- Unit, Internal Revenue Service, transmitting ting a report pursuant to the Federal Vacan- tation and Infrastructure. the Service’s final rule — Rulings and deter- cies Reform Act of 1998; to the Committee on 7674. A letter from the Chief, Regulations mination letters (Rev. Proc. 2002-11) received Government Reform. Unit, Internal Revenue Service, transmitting May 31, 2002, pursuant to 5 U.S.C. 7664. A letter from the Attorney/Advisor, the Service’s final rule — Items of General 801(a)(1)(A); to the Committee on Ways and Department of Transportation, transmitting Interest (Announcement Number 2002-43) re- Means. a report pursuant to the Federal Vacancies ceived May 31, 2002, pursuant to 5 U.S.C. 7687. A letter from the Chief, Regulations Reform Act of 1998; to the Committee on 801(a)(1)(A); to the Committee on Ways and Unit, Internal Revenue Service, transmitting Government Reform. Means. the Service’s final rule — Methods of Ac- 7665. A letter from the Trial Attorney, De- 7675. A letter from the Chief, Regulations counting (Announcement 2002-17) received partment of Transportation, transmitting Unit, Internal Revenue Service, transmitting May 31, 2002, pursuant to 5 U.S.C. the Department’s final rule — Grade Cross- the Service’s final rule — Gross Income De- 801(a)(1)(A); to the Committee on Ways and ing Signal System Safety [FRA Docket No. fined (Rev. Rul. 2002-22) received May 31, Means. RSGC-5; Notice No. 9] (RIN: 2130-AA97) re- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7688. A letter from the General Counsel, ceived June 7, 2002, pursuant to 5 U.S.C. Committee on Ways and Means. Department of Defense, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- 7676. A letter from the Chief, Regulations partment’s proposed legislation to strength- tation and Infrastructure. Unit, Internal Revenue Service, transmitting en the management structure of the Office of

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00133 Fmt 4634 Sfmt 0634 E:\CR\FM\L26JN7.000 pfrm12 PsN: H26PT1 H4064 CONGRESSIONAL RECORD — HOUSE June 26, 2002 the Secretary of Defense; jointly to the Com- Mr. TAUZIN: Committee on Energy and Mr. TAUZIN: Committee on Energy and mittees on Armed Services and Government Commerce. H.R. 4987. A bill to amend title Commerce. H.R. 4992. A bill to amend the Reform. XVIII of the Social Security Act to improve Public Health Service Act to establish f payments for home health services and for health professions programs regarding prac- direct graduate medical education, and for tice of pharmacy (Rept. 107–548). Referred to REPORTS OF COMMITTEES ON other purposes (Rept. 107–541 Pt. 1). Ordered the Committee of the Whole House on the PUBLIC BILLS AND RESOLUTIONS to be printed. State of the Union. Mr. TAUZIN: Committee on Energy and Under clause 2 of rule XIII, reports of Mr. TAUZIN: Committee on Energy and Commerce. H.R. 4988. A bill to amend title Commerce. H.R. 4986. A bill to amend part B committees were delivered to the Clerk XVIII of the Social Security Act to establish of title XVIII of the Social Security Act to for printing and reference to the proper the Medicare Benefits Administration within improve payments for physicians’ services calendar, as follows: the Department of Health and Human Serv- and other outpatient services furnished Mrs. MYRICK: Committee on Rules. House ices, and for other purposes (Rept. 107–652 Pt. under the Medicare Program, and for other Resolution 461. Resolution providing for con- 1). Ordered to be printed. purposes (Rept. 107–549 Pt. 1). Ordered to be sideration of the bill (H.R. 5010) making ap- Mr. TAUZIN: Committee on Energy and printed. propriations for the Department of Defense Commerce. H.R. 4013. A bill to amend the Mr. TAUZIN: Committee on Energy and for the fiscal year ending September 30, 2003, Public Health Service Act to establish an Of- Commerce. H.R. 4985. A bill to amend title and for other purposes (Rept. 107–536). Re- fice of Rare Diseases at the National Insti- XVIII of the Social Security Act to revitalize tutes of Health, and for other purposes (Rept. ferred to the House Calendar. the Medicare+Choice Program, establish a 107–543). Referred to the Committee of the Mrs. MYRICK: Committee on Rules. House Medicare+Choice competition program, and Whole House on the State of the Union. Resolution 462. Resolution providing for con- to improve payments to hospitals and other Mr. TAUZIN: Committee on Energy and sideration of the bill (H.R. 5011) making ap- Commerce. H.R. 4961. A bill to establish a providers under part A of the Medicare Pro- propriations for military construction, fam- National Bipartisan Commission on the Fu- gram (Rept. 107–550 Pt. 1). Ordered to be ily housing, and base realignment and clo- ture of Medicaid (Rept. 107–544). Referred to printed. sure for the Department of Defense for the the Committee of the Whole House on the Mr. TAUZIN: Committee on Energy and fiscal year ending September 30, 2003, and for State of the Union. Commerce. H.R. 4984. A bill to amend title other purposes (Rept. 107–537). Referred to Mr. TAUZIN: Committee on Energy and XVIII of the Social Security Act to provide the House Calendar. Commerce. H.R. 4989. A bill to amend the for a Medicare prescription drug benefit Mr. LINDER: Committee on Rules. House Public Health Service Act to provide for (Rept. 107–551 Pt. 1). Ordered to be printed. Resolution 463. Resolution providing for con- grants to health care providers to implement sideration of motions to suspend the rules electronic prescription drug programs (Rept. f (Rept. 107–538). Referred to the House Cal- 107–545). Referred to the Committee of the endar. Whole House on the State of the Union. Mr. THOMAS: Committee on Ways and Mr. TAUZIN: Committee on Energy and TIME LIMITATION OF REFERRED Means. H.R. 4954. A bill to amend title XVIII Commerce. H.R. 4990. A bill to amend the BILL of the Social Security Act to provide for a Federal Food Drug, and Cosmetic Act to es- Pursuant to clause 2 of rule XII the voluntary program for prescription drug cov- tablish requirements with respect to the sale following action was taken by the erage under the Medicare Program, to mod- of, or the offer to sell, prescription drugs ernize and reform payments and the regu- through the Internet and for other purposes Speaker: latory structure of the Medicare Program, (Rept. 107–546). Referred to the Committee of H.R. 4984. Referral to the Committee on and for other purposes; with an amendment the Whole House on the State of the Union. Ways and Means extended for a period ending (Rept. 107–539 Pt. 1). Ordered to be printed. Mr. TAUZIN: Committee on Energy and not later than June 28, 2002. Mr. TAUZIN: Committee on Energy and Commerce. H.R. 4991. A bill to amend title H.R. 4985. Referral to the Committee on Commerce. H.R. 4962. A bill to amend title XIX of the Social Security Act to revise dis- Ways and Means extended for a period ending XVIII of the Social Security Act to make proportionate share hospital payments under not later than June 28, 2002. rural health care improvements under the the Medicaid Program (Rept. 107–547). Re- H.R. 4986. Referral to the Committee on Medicare Program (Rept. 107–540 Pt. 1). Or- ferred to the Committee of the Whole House Ways and Means extended for a period ending dered to be printed. on the State of the Union. not later than June 28, 2002.

VerDate 11-MAY-2000 04:14 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00134 Fmt 4634 Sfmt 0634 E:\CR\FM\L26JN7.000 pfrm12 PsN: H26PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, JUNE 26, 2002 No. 87 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING on the bill having been heard, the bill called to order by the Honorable JACK PRESIDENT PRO TEMPORE will be placed on the calendar. REED, a Senator from the State of The PRESIDING OFFICER. The f Rhode Island. clerk will please read a communication to the Senate from the President pro SCHEDULE PRAYER tempore (Mr. BYRD). Mr. REID. Mr. President, the Senate The legislative clerk read the fol- will be in a period of morning business, The Chaplain, Dr. Lloyd John lowing letter: which the Chair will announce shortly, Ogilvie, offered the following prayer: U.S. SENATE, with the first 30 minutes under the Almighty God, we cherish our free- PRESIDENT PRO TEMPORE, control of the majority leader, and our dom but remember that freedom is not Washington, DC, June 26, 2002. first speaker, Senator KENNEDY, will be free. This week, as we prepare for the To the Senate: his designee, and the second 30 minutes Fourth of July celebration, we remem- Under the provisions of rule I, paragraph 3, under the control of the Republican of the Standing Rules of the Senate, I hereby ber that freedom cost the signers of the leader. There will be additional time appoint the Honorable JACK REED, a Senator Declaration of Independence a great from the State of Rhode Island, to perform for morning business—probably 20, 25 deal. On that hallowed document, 56 the duties of the Chair. minutes—and that will be equally di- men placed their names beneath the ROBERT C. BYRD, vided in the usual form. At 11 a.m. the declaration and pledged their lives, President pro tempore. Senate will resume the Department of their fortunes, and their sacred honor. Mr. REED thereupon assumed the Defense authorization bill. And they did, indeed, pay the price for chair as Acting President pro tempore. Last night the majority leader filed a freedom. f cloture motion. Therefore, all first-de- Of the 56 men, few were long in serv- gree amendments must be filed prior to RECOGNITION OF THE ACTING 1 p.m. today. Any amendments that ice: Five were captured and tortured MAJORITY LEADER before they died; twelve had their have already been filed do not need to homes ransacked, looted, occupied by The ACTING PRESIDENT pro tem- be refiled. the enemy, or burned; two lost their pore. The Senator from Nevada is rec- The two managers of the bill have a sons in the Army; one had two sons ognized. number of amendments they hope to captured; 9 of the 56 men died during Mr. REID. Thank you very much, Mr. have approved, because they have been the war from its hardships. They President. cleared on both sides, at or around 11 served in Congress without pay and f o’clock. At that time, the two man- they loaned their money to fight the MEASURE PLACED ON THE agers will announce how they wish to war and were never reimbursed. CALENDAR—H.R. 3971 proceed on the legislation. Thank You, Lord, for great leaders in Mr. REID. Mr. President, I under- f every generation. We are grateful for stand H.R. 3971 is at the desk and due RESERVATION OF LEADER TIME the men and women of this Senate as for its second reading. they commit their lives and sacred The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- honors for our beloved Nation and the pore. The Senator is correct. pore. Under the previous order, the cause of freedom. ‘‘Long may our land Mr. REID. I ask that H.R. 3971 be leadership time is reserved. be bright, with freedom’s holy light!’’ read for a second time, but then I f Amen. would object to any further pro- ceedings at this time. MORNING BUSINESS f The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- pore. The clerk will read the title of pore. Under the previous order, there PLEDGE OF ALLEGIANCE the bill for the second time. will now be a period for the transaction The legislative clerk read as follows: of morning business not to extend be- The Honorable JACK REED led the A bill (H.R. 3971) to provide for an inde- yond the hour of 11 a.m., with Senators Pledge of Allegiance, as follows: pendent investigation of Forest Service fire- permitted to speak therein for up to 10 fighter deaths that are caused by wildfire en- I pledge allegiance to the Flag of the minutes each. trapment or burnover. United States of America, and to the Repub- The Senator from Massachusetts. lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- Mr. KENNEDY. Thank you, Mr. indivisible, with liberty and justice for all. pore. Objection to further proceeding President.

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

S6049

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VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6050 CONGRESSIONAL RECORD — SENATE June 26, 2002 HISPANIC EDUCATION panic Caucus, and our Democratic His- teachers instructing Hispanic students Mr. KENNEDY. Mr. President, over panic Education Task Force, is an ex- in many classrooms. the period of these past weeks, a num- cellent report that is available to our Those teachers who are working in ber of us have tried to report to our colleagues in the Senate and also to some of the most difficult cir- Senate colleagues and to the American the American people, to tell us about cumstances often need training and people about the state of education in what is happening. The news is not support to help those students, and may not be qualified in terms of tech- the nation, and of our public school good. nical training. We want to make sure system. We had supported and passed a We are committed on our side of the they are going to get that training. But very important piece of legislation last aisle, and we hope we will be joined by these are dedicated people working in year called Leave No Child Behind. others, to try and do something about very difficult circumstances. The fact That was a bipartisan effort. it. Because if we are truly going to be We take a great deal of pride in committed to leaving no child left be- is, they lack those kinds of profes- working together to achieve what I hind, we do not want to see Hispanic sional qualifications. The number of unqualified teachers working with His- think is most families’ number one children being left behind. But that is panic students in predominantly mi- concern. Perhaps lurking in their what is happening. nority schools is twice the national av- minds are questions about terrorism, We have legislation that has the erage. but if you go beyond that, if they are title, ‘‘No Child Left Behind,’’ but it is irresponsible to not live up to our com- We have unqualified teachers, we are young couples, they are concerned not investing in these children, and we about education. Perhaps if they are mitment. Look at what is happening in the schools across the country. When are seeing the results. older, they are concerned about pre- The fact is, you can say there must scription drugs and the issue of health you look at the state of education, you’ll find that we are leaving Hispanic be other circumstances contributing to care. But the quality of education is it. Sure, there are circumstances. But something that is universal in terms of children behind. The fact is, we have seen, over the the good news is, when you invest in the concerns of families across this these children, you find that they country. period of the recent years, an impor- tant growth in terms of those Hispanic make progress towards meeting high Most parents want their children standards. We have seen examples of educated. They want their schools to children. The number of Hispanic school chil- that. In Miami, the gap in math be- teach. And the actions that were taken tween Hispanics and Anglos has been last year gave us a great opportunity dren has grown by 61 percent since 1990—a rate faster than any other com- narrowed by 6.7 points—faster than the to achieve this goal. progress made in the state of Florida. Over the period of the past weeks, we munity. If we look at the growth in the immigrant student population from In the most recent years Houston has have tried to point out where we are on narrowed their achievement gap in this road toward achieving quality edu- 1970 to 1995, that population has grown from 3.5 million to 8.6 million. If we math by 6.5 points over Texas. The gap cation. We have tried to go over the has been narrowed very significantly in various aspects of the legislation. look at the growth in limited English proficient students, we see, again, the recent years, and that is because we Our committee is now focused on im- have invested in those programs, have plementation, and following the ad- dramatic growth by 105 percent and these are children that are attending invested in an infrastructure to serve ministration’s proposal as it is drafting Hispanic kids in those districts, and the rules and regulations. We want to our public schools. So, we have seen the growth in the numbers. that has made a difference: extra aca- make sure they are going to be in ac- demic assistance for those children; cord with the law that passed. There is It is interesting, a great deal of that growth has been in different areas of supplementary services; afterschool no reason to doubt that will be the programs; upgrading the skills of their case, but it takes careful review. Our the country. We have had an over 250 percent growth in the population of teachers; and reducing class size. constituents want us to make sure that As a Nation, we are moving away Hispanic children in Arkansas, Geor- is the case. from that. Instead of moving in the gia, North Carolina, and Tennessee; a Secondly, as we saw during the correct direction, we are moving in the growth of over 140 percent in Iowa, course of the debate, money in and of wrong direction. itself is not going to provide reform. Kentucky, Nebraska, Minnesota, Ne- We have a responsibility here. When But reform without resources is no re- vada, and South Carolina. Many of we look at the budget submitted by the form at all. those school districts have not had the administration in key areas of invest- Last year we had education reform, opportunity of developing either bilin- ment in quality teachers, in recruit- and we had resources. But we are now gual or language support programs to ment and professional development and in a situation, as we are looking for- help these children develop their retention of teachers, we find there is ward to this fall—and it is not that far English and other academic skills. an empty promise. We had a significant away; many children will go back to They need help and we can’t set them increase that was worked out by the school in August; and we are almost to adrift. Democrats and Republicans last year, As a result, we find many of these the 1st of July—that at the present some $742 million. The increase this communities are not serving these pop- time we have to ask ourselves, how did year is effectively zero. we end up last year, and what can we ulation. The results are coming in, and We have to ask ourselves: Don’t we look forward to this coming year in they are enormously distressing. need to invest in quality teachers? The terms of our public school system? Across the country, Hispanics—His- answer is yes. Are there results if we This morning I would like to talk panic children in the Nation’s largest do not? The answer is yes. How is it re- about what is happening in the public Hispanic serving school districts—are flected? By the deterioration in the school system to a very special group trailing Anglo students in reading quality of education that is reaching a of children—Hispanic children—that achievement by an average of 30 points. major constituency. are emerging as an enormously impor- In math, they fall behind by an average We can ask: Does the administration tant force. Hispanics are already an of 27 points. We also have the rather understand what is happening out important force in every aspect of startling statistics that on average there in terms of children, in terms of American life. across the country we are spending limited English proficient and immi- Last week our Committee released $1,000 less per student in economically grant children? Last year we had an in- ‘‘Keeping the Promise: Hispanic Edu- disadvantaged schools than in schools crease of $219 million in programs to cation and America’s Future.’’ When with large concentrations of high-in- serve those children, empowering local we talk about the words, ‘‘no child left come students, in terms of investing in communities to implement proven, ef- behind,’’ we mean no child left behind. those children for education. Again, fective programs to help in the success- No child in any part of our country not that money is everything, but ful transition of these children into being left behind. we’re finding out that students are American Society. This excellent report, which was co- being shortchanged, not only in terms What do we have this year? Zero. authored by the Congressional His- of investment, but in terms of qualified Don’t we take into consideration the

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6051 results of what is happening across the ments we have seen with the cutbacks The ACTING PRESIDENT pro tem- country? Last year we saw a downpay- taking place. This is with regard to Los pore. Without objection, it is so or- ment. This year ‘‘no child left behind’’ Angeles County. They are reducing dered. ought to be a priority instead of some their school year by 17 days because The Senator from Minnesota is rec- of the tax breaks for the wealthiest in- they haven’t got the resources to hold ognized. dividuals. That is the result. We have classes for 187,000 of the children just f zero. We have zero in terms of the qual- in Los Angeles County. We have the JUSTIN DART—AN INSPIRATION ity of teachers, zero in terms of helping facts about different communities that TO US ALL these children move into the education are under a similar situation, and that system. replicates this. Mr. WELLSTONE. Mr. President, I This is one of the most discouraging So, Mr. President, I think this is the thank Senator HARKIN for last night aspects of the President’s budget. Let’s result of a really almost indifference coming to the floor and talking about look at the dropout rate by ethnic by the administration in terms of this Justin Dart, probably one of the great- group. What every educator will tell commitment. I see my friend from Ne- est 10 individuals I have met in my life, you, if these children are 20 to 30 points vada who is also a key figure in the for what he has done for people with behind in terms of a particular grade whole issue on the dropout prevention. disabilities. His courage and leadership level and they slip one grade and per- He has spoken eloquently about this. I was quite unbelievable. He has inspired haps two, you can predict, as certain as am so grateful for his work. I hope he many of us. we are standing here, that child is will continue to take that interest in I send my love from the Senate floor ready to drop out. One-third of His- this issue. We cannot let this continue to his family. panic high school children are enrolled to fester. f below grade level. Mr. REID. May I ask a question? What has been happening in recent THE PRESIDENT’S MIDDLE EAST Mr. KENNEDY. Yes. PLAN times? We find out we are not investing Mr. REID. The reason the Senator in these children. We are not giving has talked about dropouts is because Mr. WELLSTONE. Mr. President, I them the teachers, not getting the by keeping a child in school we save think it is important to come to the smaller class sizes. What is the result? our society money, time, and aggrava- floor of the Senate today and briefly We see a dropout rate by ethnic group. tion; is that a fair statement? respond to the President’s statement of Over four million Hispanic immigrant Mr. KENNEDY. That is exactly cor- 2 days ago on the Middle East. I want children—800,000 migrant children. We rect, Mr. President. If we have a trou- to say to the President that I think his made a commitment in that bill last bled youth, for example, who is held in vision is very important. His statement year to help States, as many of these Massachusetts inside route 128, it is has a very strong beginning and a very children are moving among the States, about $80,000 a year; it is anywhere strong end. to assist the States in terms of fol- from $35,000 to $45,000 outside of route There is one gap in his statement lowing records and coordinating their 128. We need to make sure we are going that concerns me and about which I academic efforts. Without that, we see to have programs that are going to en- wish to discuss. The President, right- what happens: a 44 percent dropout courage those children to stay in fully so, talked about the need for re- rate for the children of immigrant stu- school, and work with them for supple- form and the need for democracy for dents. mentary services and develop programs the Palestinian people. He is quite Many of these are legitimate immi- that can be helpful to parents and right to put on this emphasis. Right grants who come here whose children members of their family to keep them now, what we also have to focus on is are American citizens. These are Amer- how we change the environment on the ican citizens that are going to be a part motivated. Mr. WELLSTONE. May I add 10 sec- ground, so that the elections that our of the American dream. They are drop- onds to what Senator KENNEDY said. President has called for actually lead ping out at 44 percent, Hispanics at 28 to a more responsible leadership. I percent, which is four times the rate of This would have to be confirmed. There was a wonderful judge in Minnesota think this is a gap in what the Presi- Anglo students. dent outlined on Monday. That is to Our leader on this issue has been the who said to me there is a higher cor- say, we might not like the result we Senator from New Mexico, JEFF BINGA- relation between high school dropouts get from the democratic elections he MAN, who has made the most compel- and incarceration than cigarette smok- has called for. It could well be that ling case about trying to develop a pro- ing and lung cancer. Just think about Chairman Arafat can say right now: gram to identify the dropouts, to figure that. Fine, I will be chosen, no question out what can be done, model programs Mr. REID. Mr. President, 87 percent that can assist school districts. of the people in our prison system are about it. Some have suggested that Last year we had a very modest pro- high school dropouts. I think that says Hamas might win such elections, or gram. Unfortunately, this is one area it all. even worse. where we could not get the administra- We have a number of Senators in the From my point of view, one of the tion to agree. We did have inclusion of Chamber. It is my understanding the things we have to understand is that a dropout prevention program—a very Democrats have approximately 15 min- none of this will work in terms of the modest program of $10 million. But this utes. vision the President laid out—two year, zero. Here we go, with a 44-per- The ACTING PRESIDENT pro tem- states and two peoples living peace- cent dropout rate, and now we see how pore. There is 12 minutes 40 seconds re- fully, side by side with secure borders. we are going to respond to that. The maining. None of this will work unless the con- administration says zero. It is not im- Mr. REID. I know the Senator from ditions on the ground are changed so portant; it is not on our national prior- Minnesota wishes to speak for 5 min- that indeed when there are elections, ities. utes, and the Senator from Vermont we see a responsible leadership elected This is going to mean, we all ought wants 10 minutes. I ask unanimous to office. to understand, when we are out here consent, even though this will go over When I talk about the need for ‘‘con- making statements and speeches about into the Republican time for a couple ditions on the ground’’ being changed, the conditions and what are the tests minutes, that the Senator from Min- there are at least three factors, if you and what others show, the challenges nesota be recognized for 5 minutes and will. Factors: One, people have to have out there in terms of Hispanic children, the Senator from Vermont be recog- hope. The Palestinian people have to they are going to slip and fall further nized for 12 minutes. have some hope. Two, there has to be a and further behind. Unless we are going Mr. WELLSTONE. Mr. President, if I growing economy. Three, people have to address these issues, this promise am inconveniencing my colleague, I to be able to move from place to place. about no child left behind is an empty will follow him if that is better. So what I want to emphasize is, yes, promise. Mr. JEFFORDS. No, that is fine. when the President says the terror has I want to mention one of the most Mr. REID. I ask unanimous consent to stop, we can all agree, and we should distressing and disturbing develop- that be the order. be strong and united in making sure we

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6052 CONGRESSIONAL RECORD — SENATE June 26, 2002 say that on the floor of the Senate and HISPANIC EDUCATION even death, I have a suggestion for this say it in every possible way. I also Mr. JEFFORDS. Mr. President, first, administration that they may not like think it is true that all parties have to I thank the Senator from Massachu- to hear. be engaged. There is a role for Euro- setts for raising the issue of problems I hope they are listening. pean leadership and a role for Arab in our educational system. He referred It has to do with public health. It leadership. to Hispanics. What makes that dra- will not cost the Federal Treasury a Certainly, Israel and the United matically worse is that, as a whole, in penny. It will save thousands of lives. States have to be engaged, also. That is the Nation we are in deep trouble with It will reduce hospital visits. It will the good part of the President’s state- respect to competition, international save consumers money. ment. I think there has to be active competition, and the status of our edu- What is my grand idea? support from the U.S., the EU, and the cational system. When you realize how Well, it is not new. And it is some- Arab States in strengthening indige- far behind the Hispanics are from a thing we can do today with long last- nous Palestinian pressure for reform, base that is far behind the rest of the ing results for every man, woman, and in advancing the consolidation and world, it doubly amplifies the need for child in this Nation. Here it is. It is control of these competing militias, us to be very deeply concerned about simple. Reduce powerplant emissions. and insisting on the transparency of our educational system. Let me repeat that: Reduce powerplant government and judicial operations emissions. f and on more effective leadership. Sec- Studies show that 30,000 Americans ond, we have to attend to urgent hu- POWERPLANT POLLUTION die every year due to powerplant pollu- manitarian needs. Basic public services Mr. JEFFORDS. Mr. President, I tion—30,000 deaths from powerplant are breaking down. Power cuts are fre- wish to shift the talk now to pollution pollution alone. Incredible. quent and there are shortages in a and spend a few moments talking Let me work slow through a list of range of products, from school books to about homeland security in relation- real, but depressing, statistics on pow- critical medical supplies. Ordinary Pal- ship to that. erplant pollution. estinians are unable to get the medical The citizens of this Nation have been Powerplant pollution results in 20,000 treatment they need. hearing a lot about the war on ter- hospitalizations each year, 600,000 asth- The Palestinian economy has to be rorism. They read daily in the papers ma attacks, 5 million days of lost work allowed to develop. We have to rebuild about our troops overseas. I think due to pollution-related illness, and the physical infrastructure and revi- often of our men and women overseas 18,000 cases of bronchitis. talize the economy as the Palestinian and pray for their safe return to their Powerplant pollution has resulted in Authority is effectively bankrupt, and homes and families. I have the greatest mercury advisories in 44 of the 50 any semblance of a modern economy is respect for those who serve in the na- States. In these 44 States, our citizens disappearing. We need to understand tional armed services. I have fond are asked not to eat the fish caught in that vital social, economic, and secu- memories of my time in the service the lakes and streams. rity functions have broken down. This myself. I learned about the world, Because of powerplant pollution, 6 is leaving an enormous vacuum. I fear about commitment, and about service million American women and children that far more radical and more extrem- during my years in the Navy. I would are exposed to mercury levels well ist groups would be eager to fill this not have traded that time for any- above those considered safe by Federal vacuum. thing. health authorities. I believe this was an important miss- There is a war on, and we all need to According to the CDC, the Centers ing piece in what the President said. remember that we conduct the business for Disease Control and Prevention, 10 The conditions on the ground for the of this Nation in accordance with that percent of women in the United States Palestinian people have to change if, in reality. This war continues to be a top have mercury levels above those con- fact, the democracy that we call for priority for this administration. The sidered protective of newborns. As a re- and the reform we call for will lead to administration indicates that we have sult, as many as 390,000 children are the election of what we would consider the opportunity to protect hundreds of born each year at risk for neurological to be responsible leadership. We are thousands and possibly tens of thou- development problems due to exposure going to have to be very engaged in sands of people by taking the right to mercury in the womb. this process. Israel is going to have to steps now to root out terror. In fact, The March issue of the Journal of the step up to the plate and be very en- this Congress passed a massive supple- American Medical Association found gaged. mental appropriations bill to assist in that millions of people who live in Yes, we need to be clear on the need those efforts. We are also debating a areas polluted by fine particles have to end the terror; yes, we need to be Defense Department authorization bill about the same increased risk of dying clear on the need for reform; but also, that adds to that cause. from heart or lung disease or lung can- yes, we need to be clear in calling for Here in the Capitol, we have begun cer as people who live with a cigarette the sustained and vigorous engagement debating the need for increased secu- smoker. Here is the problem. You can of key actors—the United States, rity at home and the creation of a new ask a smoker to go outside or to quit, Israel, moderate Arab leadership, the homeland security agency. I fully sup- but you cannot kick a dirty powerplant European Union, and we must be clear port the President in his efforts to ad- out of your backyard. that the conditions on the ground dress these great challenges, and I This is simply the beginning of my change. agree with the efforts the President list regarding the impacts of power- All you have to do is read the paper has put forth following the lead of Sen- plant pollution. every day and look at the conditions ator LIEBERMAN. There is acid rain, smog, lung dis- on the ground. You see a complete lack I think this Congress should move ease, heart disease, asthma, on and on. of hope among Palestinians. You see quickly and pass legislation creating Actually, I would like to touch on people not being able to move. People the Department of Homeland Security. asthma for one minute. I have a chart have no access to jobs or to schools. Let us all pause for a moment and indicating what is happening because There is very little hope, and this is consider what we are doing. of these problems. Many of us know not the stuff of social stability. We Over the last few months, we have children who have contracted asthma. need to address these issues if, in fact, listened carefully to the administra- For asthmatics, like the boy in the pic- we are to be able to get this crisis back tion about their efforts to conduct this ture beside me, it is a frustrating and on the political track, with some sort war both home and abroad. We can pre- dangerous condition that disrupts of political process that truly might vent the loss of life in the future, they many lives. lead to an end to this violence. say, by investing in homeland security Just this year, a respected public Mr. President, I yield the floor. and the war on terrorism, and I do not health journal published the first study The ACTING PRESIDENT pro tem- disagree with these efforts. showing a direct connection between pore. The Senator from Vermont is rec- But if homeland security is about the onset of asthma in young, healthy ognized. protecting our citizens from harm and children and their exposure to ozone.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6053 The journal found that children exer- erplants are responsible for 50 percent nothing seems to be a pattern. I would cising outdoors are more likely to con- of harmful air pollution. like to ask the administration, how do tract asthma if they live in areas pol- The White House, along with EPA, we get from nothing to something? luted with high ozone concentrations. has decided to exempt most of these I will make it my full-time job to This dangerous ozone is created by pol- old powerplants from further regula- convince the White House that pro- lution from old power plants. tion. tecting public health is equally as im- Just last week, the General Account- These are the same powerplants caus- portant as public security. The facts ing Office issued this report saying ing asthma in our Nation’s children. are overwhelming, Homeland Security that older power plants are responsible These are the same powerplants caus- starts at home. It is about saving lives. for up to 50 percent of the harmful air ing neurological problems in newborns. The greatest threat are the polluters emissions released into the air today— These are the same plants killing our and we can stop them. That is where 50 percent from old power plants. forests and lakes. These are the same we will get the best return on home- According to the Energy Information powerplants adding billions of tons of land security. And I support it. Administration, there has been no carbon dioxide to the atmosphere. And We can save thousands of lives, and change in the average coal-fired power they just got a ticket to pollute indefi- prevent lots of disease and environ- plant efficiency in the last 40 years. nitely. mental degradation if we act now to re- Older powerplants emit about twice the What else is the administration duce powerplant pollution. amount of harmful pollutants for every doing? They have a policy paper, called I hope and pray the administration increment of electricity generated Clear Skies, that outlines a proposal to will see the light, if they can, through than newer powerplants. reduce three of the four most harmful the smog. But even some of these issues pale in pollutants from old powerplants. I The PRESIDING OFFICER (Ms. STA- comparison to the impact that the re- commend the President for directing BENOW). Under the previous order, the second 30 minutes shall be under the lease of carbon dioxide from power- the EPA to develop this policy paper. control of the Republican leader or his plants will have if we do not act soon. But what have they done to follow up designee. on the announcement of the Clear Carbon dioxide emissions have been The Senator from Alaska. proven to contribute to climate Skies Initiative? Nothing. change, and this climate change will They have not developed legislation. f have a number of dramatic impacts on They have not produced supporting NUCLEAR POWER our Nation. analysis on why their proposal works. Mr. MURKOWSKI. Madam President, Let me list a few. Heat-related They have not begun to negotiate with I have listened carefully to the Senator deaths will increase 100 percent in cit- Members of the Senate or the House. from Vermont, and I think how ironic ies such as New York, Philadelphia, They have been all but silent on the it is that we are at this time contem- Cleveland, Los Angeles, and others. In issue. plating the disposition of the nuclear most of New England, the hardwood Why? Why are they letting this mas- industry in this State, a nuclear indus- forest will vanish. In Delaware, a pre- sive public health crisis continue? It is try that does not emit pollution associ- dicted 20-inch rise in sea level will a great mystery. ated with air quality, an industry that flood 50 percent of Delaware Bay wet- Congress, led by the Senate, isn’t supplies us with 20 to 21 percent of the lands. Brook trout nationwide may going to wait any longer. This week, total power generated in this country. lose 50 percent of their habitat. the Senate Environment and Public We have an obligation to address what Drought will be pervasive. Works Committee will pass the Clean to do with the nuclear waste. The Coastal States, such as Alaska, will Power Act. House has done its job. The Senate is see a massive impact, including flood- The Jeffords-Collins-Lieberman- postured to act. ing of coastal villages, storm surges, Snowe Clean Power Act sets real pollu- The proposal will come up when we and extensive infrastructure damage tion targets. This bill will quickly re- return from the July 4 recess. It is an- from temperature change, like the duce the harmful air emissions that re- ticipated that on July 9 there will be a melting of the permafrost in northern sult in sickness and death. We want to motion to proceed followed by 10 hours regions. give these old polluting powerplants of debate. I urge my colleagues to rec- Even the administration’s recent Cli- the tools and guidance to clean up and ognize our responsibility. As the Sen- mate Action Report recognizes the meet modern standards. ator from Vermont suggests, the prob- grave impacts that climate change will I hope this administration can em- lems associated with hydrocarbon pol- have on our health, economy, and the brace the Clean Power Act. I am skep- lution, of burning oil, gas, and coal, we environment. tical though, that they will. Why? they do not have with nuclear. What are we doing about this air pol- argue that it will cost too much. We have an obligation, though, as to lution and global warming crisis? But let’s look at the analysis. Ac- what to do with the waste. As a con- What action is this administration cording to the Department of Energy, a sequence, a number of sites were se- taking to reduce harmful emissions four pollutant bill could lower Ameri- lected for consideration on the east from old polluting powerplants? cans’ electric bills by $30 billion a year. coast and the west coast. The reality What is the Environmental Protec- That’s $30 billion each year. The DOE that nobody wants the waste is evi- tion Agency doing to save lives and re- report outlines that the longer we wait dent, but factually it has to go some- duce the health impacts from power- to enact real powerplant pollution re- where. The Japanese and the French plant—related air pollution? ductions, the more expensive it will be. are proceeding with reprocessing. Un- Let me tell you. Brace yourself. The The other reason this administration fortunately, we have chosen not to do answer is nothing. This administration refuses to embrace real air pollution that. I personally think that was a is doing absolutely nothing to reduce reductions is carbon. They are scared mistake. We should reprocess, and I pollution from old polluting power- of regulating carbon. think eventually, regardless of the dis- plants like this one in the picture. Even though the President com- position of Yucca Mountain, that Why are they doing nothing? I ask mitted to controlling carbon emissions Yucca Mountain should be a retriev- that question often, but there does not from old powerplant, today this admin- able depository. At some point in time, seem to be an adequate answer. istration can’t even discuss the issues. we will take the waste and reprocess it They are doing something. Let me Even though the President finally ac- and substantially eliminate some of tell you what they are doing. knowledged in his own report this the concerns, whether proliferation or The administration just last week month that global warming is a real the long-term concerns, over any water announced what could be the biggest problem. Even though the entire inter- that may go in the site. roll back in the Clean Air Act in its national community is working to im- f history. The White House announced a plement the Kyoto Treaty to reduce proposal to allow these old polluting carbon emissions. YUCCA MOUNTAIN powerplants to live on forever, almost What is this administration doing Mr. MURKOWSKI. Madam President, unregulated. Remember, these old pow- about carbon? Nothing. This doing I am going to talk a little this morning

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6054 CONGRESSIONAL RECORD — SENATE June 26, 2002 on procedures under the Nuclear Waste vision for any Member to move to the might make that motion or they may Policy Act for the pending consider- consideration of the resolution and, not want to carry out the mandate of ation of the joint resolution on Yucca two, the provision that the procedures the statute, so it provided explicitly in Mountain. Yesterday, we had some dis- were adopted as an exercise of rule- the event the majority leader or the cussion. Following the procedures laid making in the Senate, and both were chairman of the committee of jurisdic- out in the nuclear Waste Act is con- contained in the underlying legislation tion did not do so, and any Senator trary to some, who criticize that this is in 1982. could bring this issue before the Sen- a break with Senate tradition or some- The provisions were not necessarily ate. That is obviously what will hap- how it would set a precedent. novel. In fact, they were almost iden- pen. What we are doing is following the tical to those considered in the pre- We did it, however, with full knowl- law that was established for the dis- vious Congress and that passed the edge of the Senate rules, and the Sen- position of this particular matter, giv- Senate as part of S. 2189. ate adopted it as an exercise in rule- ing the State of Nevada an opportunity For historical information, S. 2189 making. for a veto, and also providing proce- passed the Senate in the 96th Congress Finally, the process is not the usual dures for overriding that process by ac- in 1980 under Democrat leadership and way, but it is part of the rule. Second, tion of both the House and the Senate. was sponsored primarily by Senators it is not a precedent and by its terms is As I have indicated, the House has Johnston of Louisiana and Jackson of limited only to this resolution. Senator acted. Washington. George Mitchell characterized in 1982 The expedited procedures under dis- When the Senate changed hands in when it was adopted, it was designed to cussion are set forth in the Nuclear the 97th Congress, the identical provi- eliminate any ‘‘dilatory or obstruc- Waste Policy Act of 1982. One of the sion was included in S. 1662 when it was tionist’’ provisions. elements of the procedures is a specific introduced by the new chairman of the Therefore, I hope we can end the provision that states once a resolution Energy Committee, Senator McClure of rhetoric on this that somehow we are is on the Senate calendar, it shall be in Idaho. not following the Senate rules, that order for any Member of the Senate to That measure was jointly referred to this is some novel provision of which move to proceed to the consideration of both the Committee on Energy and the Senate was not aware. I hope we the resolution. Natural Resources and the Committee can focus on the substance of the joint We have heard the majority leader on Environment and Public Works. resolution and move to its consider- and others suggesting the provision is Both Committees reported the legisla- ation as the Senate provided in 1982. outside the Senate rules and turns the tion favorably with substitute amend- The Committee on Energy and Nat- rules on their head. That is simply not ments and both substitutes contained ural Resources, of which I have been a true. It is the law. We are following the the same expedited procedures as a member, former chairman, and now law. rulemaking of the Senate. ranking member, has favorably re- I grant that the provision is unusual, This was not a surprise. The Senate ported the resolution, and we have a but it is neither unique nor contrary to was well aware of the provisions. The good report that I suggest my col- Senate rules. As a matter of fact, it is Nuclear Waste Policy Act was debated leagues read. The report filed by our part of the Senate rules. The entire ex- at length in the Senate in 1982 and no chairman, Senator BINGAMAN, disposes pedited procedure was adopted as part one objected to the expedited proce- of every objection raised by the State of the rules, and the Senate reserved dures on the language providing that of Nevada and reflects the committee’s its right to change the procedure. I ‘‘any Member’’ could make the motion considered recommendation. Our com- want to quote from the statute because to proceed. mittee has discharged its responsi- I think it is important every Member So for those who are reflecting on the bility. Now it is time for the full Sen- understand we are not setting prece- generalization somehow this was an ar- ate to discharge its obligation. dent. bitrary action and not thought out, I I yield the floor. The provision enacted is: again refer to the history of this mat- The PRESIDING OFFICER. The Sen- A, as an exercise of the rulemaking power ter as it has been presented in this ator from Nebraska. of the Senate, and as such they are deemed body. Let’s put that behind us. Mr. HAGEL. Madam President, I rise a part of the rules of the Senate, but applica- It is fair everyone understood that today to speak on the need to move ble only with respect to the procedure to be the language was essential to any con- forward with a permanent nuclear followed in the Senate in the case of resolu- cept of a State objection, whether the waste repository at Yucca Mountain, tions of repository siting approval, and such provisions supersede other rules of the Sen- State had the obligation to carry the NV. Doing so is in the best interest of ate only to the extent that they are incon- argument and obtain an affirmative America’s national security, economy, sistent with other rules. vote as the authorization committees energy policy, public safety, and envi- I grant you, it sounds as if it was wanted or if the administration had ronment. written by a Philadelphia lawyer, and the burden to obtain a Joint Resolu- Special interest groups and activists it probably was: tion of approval as proposed by Con- have capitalized on this issue—using B, with full recognition of the constitu- gressman Moakley—chairman of the scare tactics and doomsday scenarios tional right of the Senate to change the House Rules Committee at that time— to alarm the public. But as a member rules (so far as relating to the procedure of and eventually contained in the floor of the Senate Energy Committee, I the Senate) at any time, in the same manner legislation. have listened to both sides, reviewed and to the same extent as in the case of any The language was before the Senate the information presented by the ex- other rule of the Senate. during debate leading to the initial perts, and attended the hearings. It What that means is, obviously, the passage in April of 1982, and again a makes sense to store our Nation’s high- Senate can change its own rules. It is final agreement was reached in Decem- level nuclear waste in a single, sci- that simple. I do not know why they ber of 1982. All Members understood the entifically and environmentally sound, did not say it that way. Nevertheless, heart of the process was that each secure, and remote location. we have to live with what we have. House would have to vote—the House Twenty years have passed since Con- So let’s be clear. What we are doing already voted; now it is our obliga- gress called for the creation of an un- on procedure is following the rules of tion—and further says: and the only derground repository for the Nation’s the Senate that were agreed to in 1982 way to guarantee that was an expe- spent nuclear fuel—under the Nuclear and that have been in place under both dited process where any Senator could Waste Policy Act of 1982. Senator MUR- Republican and Democratic control of make the motion to proceed. KOWSKI has referred to the history of this body since that time. These were We will have any Senator make that that act. During that time, about $7 not last-minute additions, something motion on the 9th or thereabouts but billion from U.S. electric consumers that just came up, that was slipped we still have not determined who that have been invested in finding the most into the legislative conference in the is. suitable location for this project. wee hours of the morning. The expe- Previously, the Senate understood More than 45,000 metric tons of nu- dited procedures included, one, the pro- the majority leader or the chairman clear waste is currently stored at 131

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6055 sites in 39 States—including my State the only way to produce enough hydro- and in the case of the Nuclear Waste of Nebraska, with 650 metric tons of gen if America is to ever become a Policy Act did not choose to use some waste stored at its two nuclear power country powered by fuel cells, instead of the more time-sensitive techniques. plants. of fossil fuels. This is all directly con- Indeed, the 1982 act anticipates that a This nuclear waste is stored above nected to Yucca Mountain. vote on the Yucca Mountain resolution ground in facilities built for temporary We should not forget that there will might not occur—that it might be storage only. Many of these storage be a large financial burden if this blocked. If the deadline passes, then sites are near major cities and water- project is rejected. The Federal Gov- the statute giving the State of Nevada ways. ernment will be in default of its obliga- a veto will have been carried out. That Yucca Mountain represents two dec- tions, and would owe utilities and con- was part of the 1982 compromise. ades of the most comprehensive envi- tract holders as much as $100 billion. It is true that an expedited procedure ronmental and technical assessments This is on top of the billions of dollars was put into law, pursuant to the rule- ever conducted anywhere on the plan- already invested in the project. Then making power of the Congress, as Con- et. The mountain is located in one of we would be forced to begin a new proc- gress has put in law many expedited the most isolated and arid locations in ess of looking at other options for a re- procedures. But no one other than the the United States. Only 30 miles to the pository. If not Yucca, where? Hanford, majority leader or his designee has west lies Death Valley; to the north is WA, is often mentioned as a viable al- ever moved successfully to go to any the Department of Energy’s nuclear ternative. The fact is, or we must deal resolution, or bill, which has expedited test site where some 900 nuclear weap- with, 45,000 metric tons of nuclear procedures written into law. Any suc- ons have been tested. waste—and more on the way. cessful attempt to do that now would The repository itself would be lo- The bottom line is that this problem change forever the way that the Senate cated about 1,000 feet underground in is not going to disappear, and the world sets its agenda. sold rock to keep its contents safe from will not become any safer by deferring The junior Senator from Alaska stat- significant impacts, including major this problem. We either deal with this ed that he does ‘‘not know that it real- earthquakes. The mountain’s natural problem today—or we pass it onto fu- ly matters very much’’ who makes the geological attributes would be rein- ture generations. That is not an ac- motion to proceed to the Yucca Moun- forced with man-made barriers. ceptable option. We do have an accept- tain resolution. Some opponents of the repository able, safe and responsible option. I say that it does matter. It matters have centered this debate on the trans- We must move forward with the very much. It is the Senate rules that portation issue. They point out that Yucca Mountain repository. It is the allow any Senator to move to proceed there are risks involved. Of course right and responsible thing to do. to a matter, or to force a vote on the there are risks involved—we do not live I yield the floor. motion to proceed, but it is now a well- in a risk-free society. There is risk The PRESIDING OFFICER. The Sen- established practice that the Senate with everything we do. What is impor- ator from Nevada. will only proceed to a matter the ma- tant is that the risk is acceptable in Mr. ENSIGN. Madam President, we jority leader wishes to call up, and that order to accomplish the objective. In will save rebutting the comments of the Senate has not proceeded to any this case, the risk is absolutely accept- our colleague from Nevada for another matter that the majority leader has de- able—because it is a risk we can con- time. We do want to talk about the clined to call up for decades past. It is trol, we can manage, we can deal with. Yucca Mountain project this morning, the proposed change in this practice Shipments of nuclear material have but I want to talk about the procedure that is a direct challenge to the role of been taking place in the United States in the Senate on which people have any majority leader. for the past three decades and will con- been focusing. The Nuclear Waste Policy Act does tinue, with or without Yucca Moun- In the modern history of the Senate, not make the resolution the pending tain. nobody other than the majority leader business of the Senate, even though About 3,000 shipments of spent nu- or his designee has successfully offered some laws—such as the War Powers clear fuel have occurred since 1965— a motion to proceed. That being said, Resolution—do take away the preroga- covering 1.7 million miles—with no in- supporters of Yucca Mountain claim tive of the majority leader by making juries, no fatalities, and no environ- that breaking tradition would be al- a resolution the pending business with- mental damage due to radioactive re- right because the process outlined in out any motion to proceed being re- lease. In that time, not one spent fuel the Nuclear Waste Policy Act is sup- quired. Had the Senate wished to do container has ever been breached. posedly unique. that in this case, it could have followed Spent nuclear fuel, which is non- The procedure in the Nuclear Waste the language of the War Powers Reso- explosive and nonflammable, is shipped Policy Act is not unique, nor is it re- lution. in specially designed and tested multi- quired—it is merely permitted. There If a Senator other than the majority layered steel casks. These casks have are many statutes containing expe- leader feels he or she has the right to been designed to withstand extreme dited procedures. When the Congress call up privileged matters without de- heat, prolonged submersion in water, has determined that it is appropriate ferring to the majority leader, then the and severe impacts—such as being to override the traditional power of the Senate will have undergone a dramatic broadsided by a 120-ton locomotive majority leader to schedule the floor, sea change in the way it operates. traveling at 80 miles per hour. If the it has drafted legislation like the War The procedures in the Nuclear Waste Yucca Mountain repository becomes a Powers Act which does so. Policy Act were put in place pursuant reality, the Nuclear Regulatory Com- The War Powers Act (50 U.S.C. 1544 et to the rulemaking power of the Senate, mission must survey and approve all seq.) states: and they have no higher standing be- routes, and all shipments would be Any joint resolution or bill so reported cause they are written into law. There monitored 24 hours a day through a (from Committee) shall become the pending is no more fundamental prerogative business of the House in question (in the case satellite tracking system—with the co- of the Senate the time for debate shall be that attaches to the majority leader ordinated effort of local, State, and equally divided between the proponents and than the right to set the Senate agen- federal law enforcement agencies. the opponents), and shall be voted on within da. A ‘‘no’’ vote on Yucca would be dev- three calendar days thereafter, unless such I hope my colleagues on this side of astating for the future of nuclear House shall otherwise determine by yeas and the aisle will think long and hard be- power in this country. While that is nays. fore they challenge the historic role of the objective of the activists, we can- Unlike this War Powers provision, the majority leader. The traditions of not afford such a catastrophic loss. there is no requirement in the Nuclear this institution deserve to be pro- Nuclear power accounts for 20 per- Waste Policy Act that Congress take tected. cent of the Nation’s electric power. It any action with regard to the Nuclear Madam President, in the coming days powers 40 percent of our Navy’s combat Waste Policy Act resolution. Congress leading up to the vote, we will be lay- vessels. Experts in the fuel cell indus- in the past has used a variety of tech- ing out some of the things my col- try say that nuclear power plants are niques to expedite privileged business, league from Nebraska has asked. What

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6056 CONGRESSIONAL RECORD — SENATE June 26, 2002 do we do if we do not build Yucca and it shows any address in America know a shoulder-fired weapon will Mountain? There are many alter- and how near the nuclear waste will pierce one of these containers. We natives, and we will get into detail, travel to your home, or to your school, know that if you leave them on site why the alternatives to building Yucca or to the playground, or to your busi- and cover them with cement, it will be Mountain are better for the United ness. This site has alerted many people very safe. States of America. They are cheaper, to the dangers of the transportation of So, Madam President, I try to be as they are safer, and they are better for nuclear waste. Since that site was put quiet and nonresponsive as I can be national security. We will lay out in up 2 weeks ago, there have been over when these statements are made. But detail, as we have in the past, exactly 200,000 hits. People want to find out today I had to respond because I think why our colleagues, we believe, should from where the waste will go. What it just simply was out of line for some- vote against proceeding with the Yucca they find out is not good, so these peo- one to say the risk is acceptable. It is Mountain project. ple have been sending letters to their not acceptable. It is not acceptable at I suggest the absence of a quorum. Senators and talking to their neigh- all. The PRESIDING OFFICER. The bors. We are going to have, probably, clerk will call the roll. The transportation of nuclear waste sometime shortly after the Fourth of The assistant legislative clerk pro- is wrong. My friend from Nebraska said July recess, an opportunity to vote on ceeded to call the roll. the risk is acceptable. Acceptable to the procedure, which violates what we Mr. REID. Madam President, I ask whom? The Chairman of the Nuclear do around here. The majority leader unanimous consent that the order for Regulatory Commission, when asked does not want this to come forward. We the quorum call be rescinded. last week about what would happen if are going to see how people will vote The PRESIDING OFFICER. Without Yucca Mountain didn’t go through on that because my friends in the mi- objection, it is so ordered. right now, said ‘‘nothing.’’ There is nority have to understand someday Mr. REID. Madam President, I was room to store waste onsite at every re- they will be in the majority, I am sorry unable to listen to the full statements actor in America. There are power gen- to say, and when they are in the major- of the Senator from Nebraska and the erators now that are storing nuclear ity, the same rules will apply to them. Senator from Alaska, but I have been waste onsite in dry-cask storage can- You have to be very careful who told by my staff some of the things isters. That is what a large segment of brings matters to the floor. I have the they said. the scientific community said we greatest respect for the junior Senator I have to say basically the same should do. It is safer than trying to from Alaska. He is my friend. I have thing I have been saying for a long move it. worked with him on many different time. The American public has come to To transport this is unacceptable. We issues. On this, we have a basic dis- the realization that what the pro- are talking about 100,000 truckloads of agreement in philosophy. ponents of Yucca Mountain are saying nuclear waste, 20,000 trainloads, and My friend, the senior Senator from is absolutely without foundation. For thousands of barges full of nuclear Nebraska, is a fine man, certainly an example, one of the issues they talk waste. American patriot. But for him to come about is moving the nuclear waste out Recently, there were editorials in the to the floor and say the risk is accept- of the many sites where it sits now and Denver Post and in the St. Petersburg able is something I cannot let go with- putting it into one site. Isn’t that the Times, the largest newspaper in Flor- out a response. It simply is wrong, and best thing to do? ida and the largest newspaper in Colo- I want him to know I believe he is Of course, but we have had articles in rado, criticizing the program—and in wrong. papers all across America showing that places all over the country; places I suggest the absence of a quorum. it is a sham because you can never get where the nuclear power industry has The PRESIDING OFFICER. The rid of the waste where it is being gen- spent tens of millions of dollars in clerk will call the roll. erated. They will have to move 3,000 campaign contributions; there are arti- The assistant legislative clerk pro- tons a year. They have 46,000 tons cles describing the trips sponsored by ceeded to call the roll. stored now. They generate 2,000 tons. the nuclear power industry. They take Mr. CRAIG. Madam President, I ask When you take a spent fuel rod out of people to Las Vegas and wine and dine unanimous consent the order for the a nuclear generator, you have to put it them so they can show them Yucca quorum call be rescinded. in a cooling pond for 5 years because it Mountain. They spend 2 hours at Yucca The PRESIDING OFFICER. Without is so hot and so radioactive. They only Mountain and several days in one of objection, it is so ordered. use 5 percent of the power and radioac- the fine hotels in Las Vegas. Congres- Mr. CRAIG. Madam President, how tivity in one of those rods. After 5 per- sional staff have been taken back out much time remains in morning busi- cent is used, they have to take it out there on numerous occasions. Lobbying ness? and cool it. They can’t move it for 5 activities are intense. The PRESIDING OFFICER. Four years. For anyone to suggest there is For example, for the first time in the minutes remain. going to be one place where all the State of Nevada, Governor Guinn said Mr. CRAIG. Madam President, let me waste will be; someplace in the western we should hire somebody to help lobby take that 4 minutes because I know my part of the United States is foolishness. back here. You have no idea how hard colleagues want to move forward with This is not the Senator from Nevada it is to find somebody to help us be- DOD authorization. talking. It is in newspapers and sci- cause the nuclear power industry has f entific journals all over America. bought Washington, DC. For the first 18 or 20 years, the nu- So I appreciate the power of the Nu- THE TRAGEDY OUT WEST clear waste issue centered on the clear Energy Institute. It is powerful, Mr. CRAIG. Madam President, I come science of Yucca Mountain. I could lay and I understand that. But I also un- to the floor one more time this week to out a picture to the Chair for the peo- derstand the American people, and speak about the tragedies in the West ple of Michigan or any other State they now—since September 11—realize as they play out. While my time is lim- showing how science at Yucca Moun- every truckload, every trainload, every ited this morning, I thought it was im- tain is very bad. But that doesn’t mat- barge is a target of opportunity for ter- portant that I talk about the human ter anymore because that is not the rorists. side of this tragedy. question. The question is, How are we No matter what the problems may be Let me read this wire story about going to get the waste to Yucca Moun- where these nuclear generators are lo- Jackie Nelson of Globe, AZ, driving her tain? You can do it three ways: high- cated, the problems are amplified by pickup into a makeshift shelter yester- ways, railroad, and barges on the trying to move nuclear waste. We day morning to try to find food for a 7- water. That is all you can do. Nuclear would have, around the country, the month-old granddaughter of hers. She waste will travel through 43 or 45 dif- potential not for ‘‘a’’ ‘‘dirty’’ bomb, left her home on a hillside in Arizona ferent States. but hundreds and thousands of ‘‘dirty’’ to burn in the wildfires that play out There is a Web site that has been de- bombs. How are you going to transport there. She does not know whether she veloped, Mapscience.com. Pull it up, nuclear waste safely? You cannot. We will go home to that home or whether

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6057 she will literally be adrift and have to resume consideration of S. 2514, which The Senator from Virginia [Mr. WARNER], seek shelter from public sources. the clerk will report. for himself, Mr. MILLER, Mr. LOTT, Mr. STE- The article goes on to say: The assistant legislative clerk read VENS, Mr. COCHRAN, Mr. ALLARD, Mr. KYL, Mr. SMITH of New Hampshire, Mr. INHOFE, That lament resounded across the West as follows: Mr. THURMOND, Mr. SESSIONS, Mr. ROBERTS, today, as 18 large blazes burned in six states, A bill (S. 2514) to authorize appropriations Mr. HUTCHINSON, Mr. BUNNING, Mr. HELMS, consuming acreage at a pace roughly double for fiscal year 2003 for military activities of Mr. MCCAIN, Mr. NICKLES, and Mr. HAGEL, the 10-year average. the Department of Defense, for military con- proposes an amendment numbered 4007. The reason I want to talk about that struction, and for defense activities of the very briefly, as I did yesterday morn- Department of Energy, to prescribe per- The amendment is as follows: ing, is that today in the West over 2.5 sonnel strengths for such fiscal year for the (Purpose: To provide an additional amount Armed Forces, and for other purposes. million acres of public land have now for ballistic missile defense or combating been charred into a smoldering rub- AMENDMENT NO. 4007 terrorism in accordance with national se- curity priorities of the President) ble—homes, beautiful wildlife habitat, The PRESIDING OFFICER. The Sen- timbered acreages—that simply we for- ator from Virginia. On page 217, between lines 13 and 14, insert got because the public policy of this Mr. WARNER. Mr. President, I will the following: country said, over a decade ago: Leave await the distinguished chairman, but SEC. 1010. ADDITIONAL AMOUNT FOR BALLISTIC the land to Mother Nature and walk it is my anticipation that we will move MISSILE DEFENSE OR COMBATING to the issue pending; that is, missile TERRORISM IN ACCORDANCE WITH away. And in our walking away, in the NATIONAL SECURITY PRIORITIES OF pursuit of the environment, Mother defense. I will send to the desk at this THE PRESIDENT. time an amendment on my behalf and Nature took charge. (a) AUTHORIZATION OF APPROPRIATIONS.—In Today, Mother Nature rules the that of the Senator from Georgia, Mr. addition to other amounts authorized to be West, and her mode of operation is a MILLER. appropriated by other provisions of this divi- monstrous wildfire consuming the pub- I will not ask it to be the pending sion, there is hereby authorized to be appro- lic timber reserves of the West, the business, as a courtesy to my chair- priated for the Department of Defense for fis- wildlife habitat, and the watershed. man, until he arrives. I anticipate upon cal year 2003, $814,300,000 for whichever of the his arrival that we will work out a pro- following purposes the President determines To put in context 2.5 million acres that the additional amount is necessary in having burned currently, on the same cedure by which a second degree will be added. As a courtesy, I will wait until the national security interests of the United date in 2000—a year when we burned States: over 7.3 million acres, in 2000—at this he arrives. (1) Research, development, test, and eval- point in time, we had only burned 1.2 Mr. REID. If the Senator will yield, uation for ballistic missile defense programs million acres. So today we have al- it is my understanding he will send his of the Department of Defense. ready burned double what we burned by amendment to the desk but not call it (2) Activities of the Department of Defense this time in 2000. And 2000 was the up. for combating terrorism at home and abroad. worst in recorded history of fires on Mr. WARNER. That is correct. I will (b) OFFSET.—The total amount authorized public lands. call it up, but I would prefer, as a cour- to be appropriated under the other provi- tesy, to allow Mr. LEVIN to examine it sions of this division is hereby reduced by Why is this happening? Again, ne- $814,300,000 to reflect the amounts that the glect. Again, an irresponsible public and then hopefully we can agree upon a procedure whereby he would then file a Secretary determines unnecessary by reason policy that took people off the land and of a revision of assumptions regarding infla- did not allow us to manage it in wise second degree, and then we can have tion that are applied as a result of the and responsible ways for all of the mul- hopefully the Senate address the two midsession review of the budget conducted tiple-use values we hold dear to our issues. by the Office of Management and Budget public lands. Mr. REID. I think if we want this to during the spring and early summer of 2002. It is a tragedy of nature. It is a trag- be the pending business, what we (c) PRIORITY FOR ALLOCATING FUNDS.—In edy we have made. It is a tragedy we should do is have the amendment the expenditure of additional funds made available by a lower rate of inflation, the top can solve. We well ought to solve it by called up. I ask unanimous consent, be- cause we have talked about this for priority shall be the use of such additional a much more prudent public policy. funds for Department of Defense activities some time, that Senator LEVIN or But it will take decades now to begin for combating terrorism and protecting the to reverse what we have allowed to someone on his behalf would have the American people at home and abroad. right to second degree the amendment. happen. AMENDMENT NO. 4009 Where there were once 150 trees per Mr. WARNER. I am perfectly willing acre in the public forests, today there to agree to that at this point and ask The PRESIDING OFFICER. The Sen- are 400 or 500 trees per acre, oftentimes that it be the pending business, if that ator from New Mexico. growing like weeds, and resulting in is the guidance you wish. Mr. DOMENICI. Mr. President, if I equivalent Btu’s of 10,000 to 15,000 to Mr. REID. I ask unanimous consent could have the attention of Senator 20,000 gallons of gasoline per acre. And then, in keeping with the statement of WARNER for one moment, it is my un- when the temperature is right, and the the Senator from Virginia, that Sen- derstanding the amendment which I humidity is right, and the drought is ator LEVIN or his designee would be al- will send to the desk very shortly has running rampant across the Southwest, lowed to offer a second-degree amend- been approved on both sides. It is co- as it is today, we set in motion the ment and no one would have a right to sponsored by Senators BIDEN, LUGAR, ‘‘perfect storm,’’ only in this case it is offer one prior to him. LANDRIEU, HAGEL, BINGAMAN, MUR- the perfect firestorm that has now con- The PRESIDING OFFICER. Is there KOWSKI, CARNAHAN, LINCOLN, and MI- sumed nearly 500 homes in Colorado, in objection? KULSKI. Arizona, and in New Mexico. And our Mr. WARNER. Mr. President, I ask I send the amendment to the desk summer, our fire summer—the long hot that my amendment be the pending and ask for its immediate consider- summer in the West—has just begun. amendment. ation. I assume I have to ask that the I yield the floor. The PRESIDING OFFICER. Is the pending amendment be laid aside. Senator objecting? f The PRESIDING OFFICER. The Sen- Mr. WARNER. No. ator is correct. CONCLUSION OF MORNING The PRESIDING OFFICER. Without Is there objection to laying aside the BUSINESS objection, it is so ordered. pending amendment? The PRESIDING OFFICER (Mr. Mr. WARNER. Given that the chair- Mr. REID. Objection. EDWARDS). Morning is business closed. man will arrive in a few minutes, I am The PRESIDING OFFICER. Objec- f happy to yield the floor to my col- league for such purposes. tion is heard. NATIONAL DEFENSE AUTHORIZA- The PRESIDING OFFICER. The Mr. WARNER. Mr. President, I will TION ACT FOR FISCAL YEAR 2003 clerk will report the amendment. ask my good friend if he will allow the The PRESIDING OFFICER. Under The assistant legislative clerk read two managers to have a chance to con- the previous order, the Senate will now as follows: sult on this. It is my understanding

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6058 CONGRESSIONAL RECORD — SENATE June 26, 2002 that the amendment is cleared on both cooperation. As this amendment seeks In 1998, I visited Sarov, the Russian sides. to strengthen our nonproliferation pro- version of Los Alamos. It was a fas- Mr. DOMENICI. I wouldn’t have come grams, it provides many options for ac- cinating place where the hospitality of here unless it had. tions to be conducted through joint my hosts was most impressive. I still Mr. WARNER. I am certain of that. partnerships between the Russian Fed- remember visiting their weapons mu- Our attention was diverted by other eration and the United States that seum and standing beside a 60-megaton matters to get started this morning. If build on this increased cooperative bomb that was once destined for our you will just forebear for a brief period, spirit. shores. Despite their history, they dis- we will see if we can’t accommodate The Nunn-Lugar program of 1991 and played significant interest in shifting the Senator. the Nunn-Lugar-Domenici legislation their weapons focus to commercial in- The PRESIDING OFFICER. The Sen- of 1996 provided vital support for coop- terests. ator from New Mexico. erative programs to reduce the risks Today, there’s been real progress in Mr. DOMENICI. Mr. President, I that weapons of mass destruction Sarov. For example, there is a signed would like to speak for a few moments might become available to terrorists. agreement with the Russians to termi- on the subject they will clear shortly, They established a framework for coop- nate all weapons construction work at the amendment to which I referred and erative progress that has served our Sarov by 2003. Many commercial ven- listed the cosponsors, to whom I am ex- Nation and the world very well. But de- tures are now underway including an tremely gratified for their support. spite their successes, accomplished in Open Computing Center, which pro- Senator BIDEN is my principal cospon- the face of some enormous challenges, vides employment opportunities for sor. We hope that this bill will move there remain actions that should be former weapons scientists through along and be known as the Domenici- taken to further reduce these threats. software development and computer Biden nonproliferation amendment. This amendment would expand the modeling. This amendment supports the non- current nonproliferation programs of The HEU deal has largely remained proliferation program proposed in a bi- the Department of Energy, most of on track, although it’s required some partisan Senate bill, the Nuclear Non- which trace their origins to those help from Congress to keep from de- proliferation Act of 2002. Today, Sen- original Nunn-Lugar and Nunn-Lugar- railing. That program has the goal of ators BIDEN, LUGAR, LANDRIEU, HAGEL, Domenici bills. Before I discuss this rendering 500 tons of weapons grade BINGAMAN, MURKOWSKI, CARNAHAN, LIN- amendment, I would like to review highly enriched uranium un-usable for COLN, and MIKULSKI are cosponsoring some our progress to date. weapons by converting it into ordinary For example, the Nuclear Materials this amendment. reactor fuel. To date, 146 tons have Protection, Control and Accounting The end of the Soviet Union in 1991 been converted, enough for about 6,000 program has improved the security of started a chain of events, which in the warheads. at least one-third of the fissile mate- long term can lead to vastly improved Despite the successes of the Nunn- rials in the former Soviet Union. Com- global stability. Concerns about global Lugar and Nunn-Lugar-Domenici legis- prehensive upgrades have been largely confrontations were greatly reduced lation, there remain many actions that completed on the Russian Navy’s after that event. should be taken to further reduce these stocks of weapons usable materials, But with that event, the Soviet sys- threats. This new amendment expands with work completed at 10 of their 11 tem of guards, guns, and a highly regi- and strengthens many of the programs mented society that had effectively storage sites. Border security is being improved established earlier, to further reduce controlled their weapons of mass de- through the Second Line of Defense threats to global peace. struction, along with the materials and program. I recall when I participated in It addresses one of the most impor- expertise to create them, was signifi- the initial ribbon-cutting of this sys- tant realizations from September 11— cantly weakened. Even today, with tem at Moscow’s main airport in 1998. that the forces of terrorism span the Russia’s economy well on the road to Now this equipment is at over 20 sites globe. It’s now clear that our nuclear recovery, there’s still plenty of room in Russia and the Ukraine. nonproliferation programs should ex- for concerns about the security of Programs to counter ‘‘brain drain’’ tend far beyond the states of the these Russian assets. have moved ahead. The Initiatives for former Soviet Union. The tragic events of September 11 Proliferation Prevention of IPP pro- This amendment expands the scope of brought the United States into the gram has shown excellent progress in several programs to world-wide cov- world of international terrorism, a recent years in the daunting task of erage. It focuses on threats of a nuclear world from which we had been very creating commercial opportunities for or radiological type, which largely fall sheltered. Even with the successes of weapons scientists throughout the within the expertise of the National the subsequent war on terrorism, former Soviet Union. To date, over $50 Nuclear Security Administration. there’s still ample reason for concern million of venture capital has been at- Just today, the National Research that the forces of al-Qaida and other tracted on several major projects and Council released their major report on international terrorists are seeking more than 10,000 technical personnel ‘‘The Role of Science and Technology other avenues to disrupt peaceful soci- have been engaged since the program in Countering Terrorism.’’ They eties around he world. began. present a number of critical rec- In some sense, the events of Sep- Under IPP, about 100 American busi- ommendations to address threats of tember 11 set a new gruesome standard nesses are working in Russia, and nuclear and radiological terrorism. I’m against which terrorists may measure they’ve contributed over $100 million of very pleased that the legislative basis their future successes. There should be their own funds in support of efforts in for most of their suggestions is in this no question that these groups would which our Government has invested amendment. use weapons of mass destruction if about $70 million. About 400 projects This amendment expands programs they could acquire them and deliver are currently in progress with 100 of to include the safety and security of them here or to countless other inter- those in the closed nuclear cities. nuclear facilities and radioactive mate- national locations. American businesses are sharing costs rials around the world, wherever coun- One of our strongest allies in the cur- on 132 of those projects. tries are willing to enter into coopera- rent war on terrorism has been the The Nuclear Cities Initiative has one tive arrangements for threat reduction. Russian Federation. Assistance from of the most challenging tasks of all the It recognizes that devices that disperse the Russians and other States of the programs—to work cooperatively with radioactive materials, so-called ‘‘dirty former Soviet Union has been vital in the Russians to down-size their vast bombs,’’ can represent a real threat to many aspects of the conflict in Afghan- nuclear weapons complex. The closed modern societies. This is one of the key istan. nuclear cities that make up this com- recommendations of the National Re- President Putin and President Bush plex have immense technical capabili- search Council. have forged a strong working relation- ties, but they have to be, at least in the Dirty bombs could be used as weap- ship, and the summit meeting was an- past, one of the most business-un- ons of mass terror, property contami- other measure of interest in increased friendly places in the world. nation, and economic disaster. We need

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6059 better detection systems for the pres- strengthened and risks to the United The PRESIDING OFFICER. The Sen- ence of dirty bombs that are appro- States and our international partners ator from Virginia. priate to the wide range of delivery greatly reduced. Mr. WARNER. Mr. President, we sim- systems for such a weapon, from trucks The amendment authorizes $15M for ply need a little time on this side to to boats to containers. And we need to a new R&D and demonstration program give it consideration. The chairman be far better prepared to deal with the to address nuclear or radiological and I have just commenced a discus- consequences of such an attack. (‘‘dirty bombs’’) terrorism. Includes sion on how we will proceed on the bill The new legislation includes provi- new responsibilities in First Respond- today. I would hope in due course we sions to accelerate and expand existing ers program. Includes a partnership can indicate to the Senator that it will programs for disposition of fissile ma- with Russia and extends assistance to be accepted on both sides. terials. These materials, of course, rep- any country in dealing with either Mr. DOMENICI. Mr. President, I have resent not only a concern with dirty stray radioactive sources or with a already sent the bill to the desk. It ob- bombs, but also the even larger threat dirty bomb incident. (Section 3156); viously will not be referred to com- of use in crude nuclear weapons. Extends the expired authorization for mittee unless and until it is cleared by It includes a program to accelerate training of First Responders. (Section the managers pursuant to the con- the conversion of highly enriched ura- 3155); versation we have had. nium into forms un-usable for weapons. Authorizes $40 million to accelerate I would ask that we follow the course It addresses one of the major concerns the ‘‘blend-down’’ of Highly Enriched I have just indicated. associated with this material that, Uranium. Authorizes new approaches, I yield the floor. many years ago, both the United in addition to the HEU Deal, to in- Mr. LEVIN. Mr. President, does the States and the Soviet Union provided crease the rate at which HEU is modi- Senator have a copy of the amendment HEU to many countries as fuel for re- fied to render it incapable of weapons handy? search reactors. That fuel represents a use. Extends an option to all nations Mr. DOMENICI. Surely. I will provide proliferation risk today. This acceler- with HEU to receive compensation in it to the Senator. ated conversion is another of the prime return for providing their stocks of Mr. LEVIN. We are pretty sure this is recommendations of the National Re- HEU now. (Section 3158); the one we already have. Authorizes $5 million to extend search Council. Mr. DOMENICI. Yes, it is. MPC&A to the international commu- It authorizes new programs for global Mr. LEVIN. Mr. President, I suggest nity and develops options, working management of nuclear materials, in the absence of a quorum. jointly with Russia, to accelerate con- cooperation with other nations and The PRESIDING OFFICER. The version of reactors fueled with HEU. with the International Atomic Energy clerk will call the roll. (Section 3157); Agency. It recognizes that modern so- Encourages the Secretary to finalize The legislative clerk proceeded to cieties use radioactive materials as es- an agreement with Russia for pluto- call the roll. sential tools in many ways, and offers nium disposition that meets specific Mr. LEVIN. Mr. President, I ask assistance in providing new controls on criteria. (Section 3159A); unanimous consent that the order for the most dangerous of these materials. Authorizes $20 million for the De- the quorum call be rescinded. It suggests that many of the program partment to work with the inter- The PRESIDING OFFICER. Without elements involve international co- national community to develop options objection, it is so ordered. operation with the Russian Federation for a global program for international Mr. LEVIN. Mr. President, we sup- and with other nations. In fact, it rec- safeguards, nuclear safety and pro- port the amendment on this side. We ognizes that the global nature of the liferation-resistant nuclear tech- have cleared it. We are willing to see it current threats requires such coopera- nologies. Amount includes $5 million adopted by voice vote. tion, and provides authorizations for for the Department to increase nuclear Mr. WARNER. Mr. President, we now the Secretary of Energy to assist the safety work related to sabotage protec- have clearance on our side. I thank the Secretary of State in offering signifi- tion for nuclear power plants and other chairman. We are ready to move for- cant help to other nations. We cannot nuclear facilities overseas and $10 mil- ward on the amendment. accomplish these programs without lion, led by DOE/NE, for advanced, pro- Mr. DOMENICI. Mr. President, I ask such cooperation. liferation resistant fuel cycles. (Sec- unanimous consent that the pending This amendment includes provisions tion 3159B); amendment be laid aside and the extending the First Responder training Authorizes $15 million to expand pro- Domenici-Biden amendment be the programs, originally created under grams supporting the IAEA in pending business. Nunn-Lugar-Domenici. These programs strengthening international nuclear The PRESIDING OFFICER. Without have already made real contributions. safeguards. (Section 3159B); objection, it is so ordered. In fact, the training provided under Authorizes $5 million for assisting The pending amendment is laid aside. this program in New York City helped nations develop stronger export con- The clerk will report. mitigate the catastrophe there on Sep- trols. (Section 3159C); The legislative clerk read as follows: tember 11. That program was author- Requires development of a com- The Senator from New Mexico [Mr. DOMEN- ized for only 5 years in the original leg- prehensive ten year plan to develop a ICI], for himself and Mr. BIDEN, Mr. LUGAR, islation, this bill extends that author- sustainable approach to MPC&A in the Ms. LANDRIEU, Mr. HAGEL, Mrs. CARNAHAN, ization for another 10 years. Russian Federation. (Section 3159D); Mr. MURKOWSKI, Mr. BINGAMAN, Mrs. LIN- The amendment requires annual re- Requires annual report on coordina- COLN, and Ms. MIKULSKI, proposes an amend- ports demonstrating that all our non- tion and integration of all U.S. non- ment numbered 4009. proliferation programs are well coordi- proliferation activities describing pro- (The amendment is printed in today’s nated and integrated. The original call grams, synergies, coordination includ- RECORD under ‘‘Text of Amendments.’’) for this coordination was in the Nunn- ing with private efforts, opportunities Mr. BIDEN. Mr. President, I am Lugar-Domenici legislation. for new joint cooperative programs pleased to join today my good friend The report must disclose the extent with foreign countries, and funding re- and colleague, Senator DOMENICI, in in- of coordination and integration be- quests integrated across all federal troducing a vital amendment to the tween federally funded and private ac- agencies. Extends reporting require- Department of Defense authorization tivities. That is very important, be- ment in FY2002 Defense Authorization bill to reduce the odds that terrorists cause of the excellent work being done Act to an annual report. (Section or rogue states will acquire the nec- by private organizations, like the Nu- 3159E); and essary ingredients overseas for nuclear clear Threat Initiative, that are pro- Streamlines contracting by other and radiological terrorism. This viding critical assistance toward simi- agencies with DOE labs for anti-ter- amendment takes important steps to lar nonproliferation goals. rorism work. Agencies may elect to expand the legal mandate for specific With this amendment, our programs follow the new procedures or may use U.S. nuclear nonproliferation programs to counter threats of nuclear and radi- standard Work For Others model. (Sec- and lays down a marker on the nec- ological terrorism will be significantly tion 3159F). essary funding levels.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6060 CONGRESSIONAL RECORD — SENATE June 26, 2002 We have every expectation that, be- material and blow it up with a conven- Wilmington at a cost of a few million fore this bill emerges from conference, tional bomb, spreading the material for dollars per city. the additional money will indeed be miles. Such sensors might provide early made available through both the sup- But they also agreed on the likely warning of smuggled material on the plemental fiscal year 2002 appropria- consequences of a radiation attack on roads and information on affected tions and regular fiscal year 2003 appro- an American city. areas if somebody brings radiological priations. Senator DOMENICI is to be Despite Attorney General John terror to our cities. both commended and supported for Ashcroft’s statement from Moscow on Avoiding panic among the American drafting this amendment, and the un- June 10 that a dirty bomb can ‘‘cause people will be an important goal of re- derlying bill, S. 2545, from which it is mass death and injury,’’ the facts are sponders, and that will require edu- derived. very different. The Foreign Relations cation. Claims of probable mass casual- This amendment will lead to greater Committee learned that even the worst ties from a radiological attack do an levels of effort and, I believe, greater credible radiological attack will not be injustice to the American people. If re- levels of achievement in U.S. nuclear catastrophic. Few, if any, Americans peated over and over again this doom- nonproliferation programs. will die from the radiation or even ex- saying will be a self-fulfilling prophecy For example, it authorizes $40 mil- perience the symptoms of radiation spreading panic if an attack actually lion to accelerate and expand current poisoning. Most, if not all, of the cas- does happen. Should we be attacked by radio- international programs to blend down ualties will come from the conven- logical terrorists, there are very simple highly enriched uranium (HEU) needed tional explosive used to spread the ra- things those who have been exposed to make nuclear bombs, making it less dioactive material. can do to reduce their chances of being likely that terrorists or rogue states The bottom line on casualties is: A a casualty to nearly zero. will get their hands on lethal nuclear dirty bomb won’t kill very many peo- The first is to remain calm. materials. ple. The next is to stay near the point of It authorizes $35 million to develop But a dirty bomb could still be an exposure long enough for nuclear re- options for a global program for inter- economic crime of the first magnitude. sponse crews to check for radioactive national safeguards and proliferation- We do not know how to decontaminate contamination. resistant technologies to ensure that large buildings and large areas to the And the last, the easiest, is to put civilian nuclear reactors in other na- degree that the Environmental Protec- your clothes in a plastic bag and then tions are not illicitly producing signifi- tion Agency mandates. take a good shower and shampoo. Ra- cant quantities of weapons-grade mate- The levels EPA uses in the case of ac- dioactive dust washed off the body is rial or are vulnerable to terrorist as- cidents within a laboratory are ex- radioactive dust no longer available to sault. traordinary: clean-up must be so com- do harm to you. This amendment also allocates $30 plete that out of 1,000 people living on- We need to look to the radioactive million in funding for a new research, site 24 hours a day for about 40 years, material itself. Radioactive sources development, and demonstration pro- only 1 additional person would die of must be kept in responsible hands; but gram to help respond to nuclear or ra- cancer. that is difficult because they are used diological terrorism. For example, the We must begin to examine the radi- throughout industry, for example, to program would fund expanded research ation protection rules in the light of take x-ray pictures of oil pipelines, and into monitors and gauges capable of de- homeland security in the event of an even to tell if a can of soda is properly tecting nuclear and/or radiological ma- attack instead of just applying the filled. terials, for use at border crossings and strict environmental guidelines appro- Radioactive sources are indispen- ports of entry. It will help identify and priate to peacetime. sable to modern medicine, where they account for radioactive sources located Our witnesses estimated that if a are used to treat cancer or to perform abroad. And all of these efforts will be small device, containing only a few cu- crucial diagnostic tests. We should not carried out in cooperation with Russia ries of cobalt-60 or cesium-137, had been eliminate these sources from our soci- and the rest of the international com- detonated in lower Manhattan on Sep- ety. munity. tember 10, 2001, and if existing EPA We can, however, provide greater pro- On May 8 Jose Padilla, an American rules were applied to the clean-up, tection for such sources. Before September 11, the Nuclear citizen working with al-Qaida, was ar- more buildings would have had to be Regulatory Commission focused its ef- rested on the charge of planning to at- evacuated, razed, and trucked away to forts on safety. It assumed that li- tack the United States with a Radio- low-level radioactive waste dumps than censed users were responsible users. logical Dispersion Device, more com- were lost or damaged by the al-Qaida Since September 11, the Commission monly called a ‘‘dirty bomb.’’ attack of September 11. That is more has begun to reevaluate its rules with Padilla is only the first person asso- damage, more financial loss, than was the added assumption that some folks ciated with a major terrorist group to caused when the Twin Towers came might seek licenses in order to gain ac- have been caught plotting an attack down, but with this difference: almost cess to the material as part of a plot to using a radiological weapon. It would nobody would be killed. At most a few attack this country or its allies. be folly to think that he will be either dozen people might get sick. We need tighter rules, and we also the last or the most competent and We must do more to prepare for an need a bigger Federal effort to track successful. attack, and also to prevent one. Fortu- down and secure missing radioactive The fact that radiological terror is nately, we can, in fact, make such an sources. The fact is that sometimes real and a threat to the nation will attack much harder to pull off and sources just go astray; they are ‘‘or- come as no great surprise to the Sen- much easier to recover from. phaned,’’ in the jargon of that business. ate. On March 6 the Foreign Relations Proper preparation for an attack will There are very few places where com- Committee held a public hearing on make a world of difference; we need to panies can safely dispose of sources the twin threats of nuclear and radio- begin putting response plans into place they no longer need. logical terrorism. On March 5 we held a and testing them rigorously, both in The Department of Energy ‘‘Off-Site classified briefing on the same subject, the field and in table-top exercises. Source Recovery Program’’ is supposed followed a month later by an even First responders need the tools to to take charge of excess sources. But more detailed classified session for all act. You cannot see or smell radiation; the administration has cut this vital Senators. it can only be detected with special in- program from $5.7 million in fiscal year We assembled the finest scientists struments. 2001 to a paltry $2.2 million requested from government, the nuclear weapons Small radiation detectors are the size for fiscal year 2003. Congress should fix laboratories, public interest groups and of a pocket pager; larger ones could that. academia to speak of the dangers of easily be built into a squad car. Overseas, the greatest threat is like- dirty bombs. Without exception they A network of detectors in fixed loca- ly to come from the poorly guarded ra- told us that there was a real possibility tions could be erected, a few per square dioactive materials from the former that terrorists could obtain radioactive mile, in cities such as Washington or Soviet Union.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6061 Late in 2001, two containers con- lathes and drills and mills without any today.’’ In my view, they were abso- taining enormous amounts of radio- need for computer-controlled and ex- lutely right. Indeed, we must build on active strontium-90 were found by port-controlled dual-use equipment. their recommendations: by adding sup- hunters in the woods of the Republic of And it would fit in the trunk of a port for programs to secure radioactive Georgia. The sources were so hot that compact car or the back end of a pick- sources; and by securing any weapons- they melted the snow for yards around, up. grade material in nuclear reactors leading the three woodsmen to cart Those who attended the briefing also around the world. them off to warm their tent. By the saw a small tactical nuclear weapon, This amendment Senator DOMENICI, next morning all were sick with radi- again a full-scale mockup of a real one I, and our fellow co-sponsors are intro- ation poisoning, including severe burns once in the U.S. inventory. With one of ducing today takes some sensible steps where they had touched the containers. those you don’t need a fancy brief-case toward these goals. For example, the Those two radioactive sources were bomb; you can lift it with one hand. new research, development, and dem- left over from a Soviet program to I am not worried about American nu- onstration program I mentioned earlier build compact, powerful, and very port- clear weapons going missing, but I am will help fund efforts to assist other able electrical generators for use in re- very worried about the tens of thou- nations in developing means for the mote areas. Nobody knows where all of sands built by the Soviet Union. Their safe disposal of radioactive materials the Soviet-produced generators wound tactical nuclear weapons are no bigger and a proper regulatory framework for up, but wherever they are, they are than ours, and unless Russia’s security licensing control of radioactive very dangerous. for those weapons is a lot better than sources. Other countries, including Brazil and for its chemical weapons, our col- But we all must recognize that this Mexico, have seen old sources stolen, leagues in the Russian Duma should be amendment is only a first step to ad- broken into, melted down to make re- as worried as I am. dress a threat of this urgency and mag- inforcing bars and patio furniture, with Terrorists with an improvised nu- nitude. resulting injuries and deaths to some clear device or a stolen weapon could Today we spend $7 or $8 billion a year of their citizens. kill tens or hundreds of thousands of to guard against the unlikely event of The United States must work people, not a mere handful. A crude nu- Iran, Iraq, or North Korea putting a through the International Atomic En- clear weapon set off at Metro Center nuclear weapon on an intercontinental ergy Agency to ensure the physical would likely kill people near the Cap- ballistic missile with a return address, protection and accountability of sig- itol complex. A Hiroshima-sized bomb and firing it at us despite the assur- nificant radioactive sources through- detonated near the White House would ance of overwhelming retaliation. We out the globe. This will require addi- leave the Capitol in ruins. need to show the same sense of urgency tional U.S. voluntary contributions to And, talk about a dirty bomb, a in combating the more immediate risk the IAEA and may also require addi- small nuclear blast at ground level of a more anonymous nuclear weapon tional non-proliferation assistance to would spew out hundreds or thousands without that missile. In the wake of the World Trade Cen- the states of the former Soviet Union. of times more radioactive material ter attacks, committees of the House After all, that is where the majority of than the biggest dirty bomb imag- and Senate are rightly asking whether the unaccounted for hot sources are inable. That much fallout would kill more could have been done to detect thought to have been made. Americans. I commend the administration for We must invest in new technologies and prevent that attack and how we yesterday’s announcement of a new to detect bomb-grade uranium and plu- can do a better job in the future. What sort of investigation will we joint United States-Russian program tonium. That is not an easy task. Nei- have? How will we rebuild our people’s to spend $20 million this year to secure ther material is particularly radio- trust in government? And what will we and safeguard radiological materials in active, at least not compared to ce- tell our children and grandchildren, if the former Soviet Union. The program sium-137, cobalt-60, strontium-90 and we fail to do everything we can to pre- would focus on the radioactive power iridium-192, the isotopes of choice for a vent terrorists from doing a hundred generators I mentioned earlier, as well dirty bomb. Frankly, we do not know how to detect most bomb-grade fissile times more harm? as a dozen poorly guarded storage areas Mrs. CARNAHAN. Mr. President, I material today; certainly not if the for radiological materials. Of course, am pleased to support amendment No. weapon is shielded a bit, concealed in a the former Soviet Union is not the sole 4009 to the Defense Authorization Act cargo container being whisked through overseas repository of radioactive introduced by my colleague from New our ports or stashed in the hold of a sources attractive to terrorists. But Mexico. this program may serve as a model for freight aircraft. This legislation is a significant step future efforts. None of us knows how long we have forward in the protection of our Nation So there is plenty for us to do to less- to prepare for nuclear terrorism, but from weapons of mass destruction. en the risk and the impact of radio- we know for sure that the terrorists Since the end of the cold war, the logical terrorism. The United States are shaping their own plans. We, this United States has taken considerable has begun to contribute to the IAEA’s body, must act sooner rather than steps to reduce the spread of these Program Against Nuclear Terrorism. later: to provide our responders the weapons. Today’s amendment is a good step in tools they need; to secure radioactive Senators Domenici and Lugar, along increasing U.S. assistance in this area. and fissile material, both here and with former Senator Nunn, have been But I worry far more about some- abroad, to the greatest extent possible; true visionaries in this field. thing even worse than radiological ter- and to secure our borders against Because of their efforts, we face less rorism. I worry about terrorists build- smugglers who would literally flatten of a threat from the Soviet Union’s nu- ing or stealing a real atomic bomb. Our our cities. clear legacy than we would have other- committee learned in chilling detail, in The Baker-Cutler report card on De- wise. classified session, just how easy it is to partment of Energy non-proliferation The Department of Defense’s Cooper- make a bomb, given only a compara- programs with Russia proposed spend- ative Threat Reduction Program and tively small amount of highly enriched ing about $30 billion over 8 to 10 years the related programs at the Depart- uranium-235. In those sessions Senators to secure Russia’s excess plutonium ment of Energy are truly ‘‘defense by were able to see and handle a full-scale and bomb-grade uranium, improve se- other means.’’ mockup, complete in almost every de- curity controls on its nuclear mate- While these far-sighted programs tail, but using inert material instead of rials, and downsize its nuclear complex have been very successful, they were uranium. without leaving its weapons scientists not designed to address some of the I won’t reveal the design; I don’t prey to offers from rogue states or ter- terrorist threats we now face. want to give away any information rorists. To address these shortcomings, I in- that could be used against us. But Senator Baker and Mr. Cutler called troduced the Global Nuclear Security building that device is easy. It could be this ‘‘the most urgent unmet national Act. This legislation attacks the prob- done in a machine shop with ordinary security threat to the United States lem in three ways.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6062 CONGRESSIONAL RECORD — SENATE June 26, 2002 First, it calls on the Departments of make sure that terrorists now, and in I have in recent months visited, as Energy, State, and Defense, to develop the future, have the most difficult time some of my colleagues have, our men a plan to encourage countries to adhere getting their hands on weapons of mass and women in the Armed Forces who to the highest security standards for destruction. serve in central Asia. I have been to a all nuclear material. There is even a significant American former Soviet airbase in Uzbekistan. I Second, it requires the DOE to de- effort in this amendment with ref- have been to Baghram airbase in Af- velop a systematic approach to secure erence to ‘‘dirty’’ bombs. The Senators ghanistan. I have been to see the radiological materials outside the and staff who have reviewed it think it troops in other of the countries sur- United States that could be used to gives America and the world a better rounding that area of central Asia. create a so-called ‘‘dirty bomb.’’ chance of finding out where the compo- I have visited many defense installa- Third, it directs the DOE, in con- nents are before things happen, and tions during my time as a member of sultation with the Nuclear Regulatory sets up guidelines and criteria so that the Defense Appropriations Sub- Commission and the International many different discernment points are committee, but I have never before Atomic Energy Agency, to develop available but not just in the United seen the kind of pride that I saw in the plans for reducing the threat of ter- States. eyes of the men and women who serve rorist attacks on nuclear power plants So after a lot of work on this amend- our country post 9/11, serving our coun- outside the United States. ment by many, I thank the Senate for try in difficult conditions, in places far I was pleased to work with Senators adopting it. I yield the floor. from home. LANDRIEU, ROBERTS, LEVIN, and WAR- Mr. LEVIN. Mr. President, I com- At an old Soviet airbase in Uzbek- NER to incorporate this legislation into mend and congratulate Senator istan, I saw soldiers living in tents, the Defense Authorization bill. DOMENICI. He has been very active in walking through mud and snow up to Now, I am pleased to join Senator the fight against proliferation. This their ankles and preparing to be in- DOMENICI, and many other colleagues gives the DOE important additional ca- volved in actions and operations in Af- in supporting legislation that will pability and authority to help us win ghanistan. I could see in their eyes and build on the accomplishments of our the war against proliferation. This is a hear in their voices the pride they have threat reduction programs and the very important contribution to the in serving this country in this difficult Global Nuclear Security Act. nonproliferation effort. I was proud to and important time. This amendment would broaden and cosponsor this amendment. Again, I I salute those men and women who extend several existing threat reduc- commend the Senator from New Mex- are in the Armed Forces today who are tion programs. ico. doing dangerous work all around the Among its many provisions, it calls Mr. WARNER. Mr. President, I join world in prosecuting this war against for the National Nuclear Security Ad- the chairman in that commendation. terrorism. ministration to increase research ef- Regarding the Domenici amendment, The question for the Congress is not forts to identify technologies directed I move to reconsider the vote at this whether we will increase funding for at protecting us from weapons of mass time. our defense needs—we will—the ques- Mr. LEAHY. I move to lay that mo- destruction. tion is exactly how do we use that It echoes my call for the NNSA to tion on the table. money in a way that represents an ef- The motion to lay on the table was produce a plan, and to move quickly on fective investment in this country’s agreed to. that plan, for expanding the nuclear Mr. LEVIN. Mr. President, I suggest strength and in this country’s defense. It is the case in this area, just as it material protection and control pro- the absence of a quorum. gram outside of the former Soviet The PRESIDING OFFICER. The is in other areas, that simply throwing Union, and focusing on protection and clerk will call the roll. money hoping some of it will stick will control of material that could be used The legislative clerk proceeded to not necessarily improve this country’s to create ‘‘dirty bombs.’’ call the roll. defense. So if there are areas where we This amendment also seeks to accel- Mr. DORGAN. Mr. President, I ask just cast money about hoping enough erate the disposal of highly enriched unanimous consent that the order for of it makes some kind of a difference uranium and plutonium found around the quorum call be rescinded. so we can say we made a difference, I the world through a variety of meth- The PRESIDING OFFICER. Without think we do not serve the taxpayers ods. objection, it is so ordered. very well in that circumstance. That Senator DOMENICI’s amendment Mr. DORGAN. Mr. President, the De- brings me to the question of national greatly complements the Global Nu- fense authorization bill has been missile defense. clear Security Act. brought to the floor by the chairman I know there is disagreement about And the combination of these two and ranking member, two Senators for that subject. For some time there has pieces of legislation makes this De- whom I have high regard—Senator been an appetite in the Senate to dra- fense Authorization bill stronger. Not LEVIN and Senator WARNER. They have matically increase funds for national only are we authorizing the Adminis- done a masterful job for many years missile defense so we can deploy very tration to develop strategies for curb- dealing with defense issues. I applaud quickly a national missile defense sys- ing the spread of dangerous materials, them for their work and think they do tem. but we are mandating swift action to this country a great service. Mr. President, from time to time I implement these plans. Having said all that, I wish to speak have shown my colleagues some items I urge my colleagues to vote in favor about a number of issues related to that I keep here in my desk. The items of this amendment. this Defense authorization bill. This is are a piece of a backfire bomber wing The PRESIDING OFFICER. Is there a time, obviously, when the President that was sawed off a Soviet bomber not further debate on the amendment? has called for and the Congress will re- too many years ago. In addition to The question is on agreeing to the spond with an increase in funding for that, I have copper wiring from a So- amendment of the Senator from New our Nation’s defenses. We are at war. viet submarine. We got this copper wir- Mexico. We have a war against terrorists, and ing from a Soviet submarine, a Russian The amendment (No. 4009) was agreed clearly we are going to need some addi- submarine, by grinding up the wiring to. tional funds to prosecute that war. The under the Pentagon’s Nunn-Lugar Co- Mr. DOMENICI. Mr. President, I President has asked for the funds, and operative Threat Reduction Program. thank the chairman and ranking mem- we will provide them. The Nunn-Lugar program allows us ber. I believe the cross section of Sen- Following the attack on this country to destroy our one-time adversary’s ators cosponsoring the amendment in- on September 11 of last year, the men weapons without firing at them. We dicates the broad support for it. and women of our Armed Forces were reached arms control agreements and There is nothing more important called on once again to travel far from the US and the Soviet Union agreed to than the United States doing its ut- home and serve in our Armed Forces to reduced nuclear warheads and delivery most in this era of nonproliferation, defend our country’s interests and our systems. Then we used the Nunn-Lugar where we do everything we can to liberties. program to help countries of the

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6063 former Soviet Union actually destroy Some say let’s keep throwing money thing that would be workable. So now there excess weapons because they after it as quickly as we can possibly the research since 1972 has been on could not afford to do so themselves. throw money at it. I say, no, let’s in- technology to try to find a way to hit Because of the Nunn-Lugar program vest substantial amounts of money in a bullet with a bullet. We have spent there is not one missile with a nuclear research and development, but lets not billions and billions of dollars to do so. warhead left in the Ukraine, spend more than is justified. The question today for the Congress Kazakhstan or Belarus, and there are The chairman of the committee au- is, Do we want to spend another $800 lots fewer in Russia. thorizes $6.8 billion in this authoriza- million above that which the author- In Russia, and in the old Soviet tion bill—that is ‘‘billion’’ with a ‘‘b’’— izing committee has authorized? Some Union, we have large circular metal to continue the activities on national say we need that. Others say, no, that saws cutting the wings off Backfire missile defense. That is roughly $800 is throwing money around, and it is not bombers. We did not shoot them down. million short of what the administra- an effective investment and can be We just sawed the wings off, and we tion asked for, and that is what the more effectively used in other areas. I paid for it because we were destroying Senate is now debating. mentioned that one threat on the the weapons of a former adversary and It seems to me, when we take a look threat meter is an incoming interconti- reducing nuclear weapons and reducing at the threats to this country, we nental ballistic missile with a nuclear delivery systems. should get ourselves a meter. What is warhead that is sent to us by a ter- That is one way to defend this coun- the threat meter? With what are we rorist, a terrorist group, or a rogue na- try: Get rid of nuclear weapons and de- threatened? One threat is that a ter- tion. That is perhaps the least likely livery systems around the world, re- rorist, a rogue state, or a terrorist threat, if we have a threat meter, that duce the stockpile of weapons have group would get access to an inter- we face. threatened this country—the missiles continental ballistic missile, put a nu- Perhaps more likely would be a ter- with nuclear warheads that used to be clear warhead on it, and shoot it at rorist, a terrorist group, or a rogue na- targeted on American cities. On one America. tion getting access to a cruise missile, plot in the Ukraine where there existed We have had that threat for a long which would be perhaps easier to get an SS–20 missile that was aimed at an while with respect to other countries. access to. It is the size of a couple of American city, there now exists sun- We lived for 40 years with the Soviet 100-pound propane tanks with a nuclear flowers. I showed a picture of the sun- Union having literally thousands of warhead. It flies very low to the flowers one day. There used to be a missiles with nuclear warheads aimed ground, not very fast, following the missile buried underground with a nu- at America’s cities. Why did they not terrain. It is more likely a terrorist clear warhead aimed at America. It is use those missiles? Because they knew might get access to a cruise missile now simply dirt with sunflowers. The if they sent one missile with a nuclear than to an ICBM. silo is gone. It is destroyed. The missile warhead into this country, we would Would the national missile defense is gone. It is destroyed. And the nu- vaporize their country because we had system, once we get it built, protect us clear weapon is dismantled. That a deterrent capability with so many against a terrorist’s or a rogue state’s makes good sense. That is a defense missiles and so many warheads that cruise missile? No, it would not. program that has given us enormous anyone who attacked our country So we are planning to spend billion rewards. would immediately be vaporized. and billions on a national missile de- That is one part of defending our Nuclear exchange is an exchange no fense to defend against ICBMs that country: working on arms control and other adversary, under any condition, even if it works, and it is highly sus- arms reduction agreements and on could win. They knew that. We knew pect whether the technology does exist threat reduction programs that help that. It was called mutually assured pay for the destruction of delivery sys- destruction. today, will not help defend us from the tems and nuclear weapons. That has Some say that does not work with more likely threat posed by cruise mis- been enormously successful. terrorists, it does not work with rogue siles. Another approach is developing and nations. So we must create a national Then what about the rest of the building new weapon systems, most of missile defense system. threat meter? Let me describe the which I support. Take the F–22 fighter, Now I speak with at least some small threat meter these days since Sep- for example. We now know with respect amount of authority in this Chamber tember 11. The threat meter shows that to the gulf war a decade ago and with because I come from the only State in we are much more likely to face a respect to the war in Afghanistan the United States that had an anti- threat that comes in at 2 miles an hour against the Taliban and the al-Qaida ballistic missile system built in it. rather than something that comes terrorists that if you control the skies, In the year 1972, following years of through at 12,000 miles an hour. Let me you can control virtually everything. funding, this country built one anti- describe what that is. The F–22, for example, is expensive, ballistic missile site. It was built in A suspected terrorist in the Middle but it is the next generation of fighters Nekoma, ND, a very small community East about last October or November that will allow us to control the skies, in northeastern North Dakota. If one put himself in a container and had and I support it. I think it makes drives there today, they will see a huge himself loaded onto a container ship. A sense. We must develop and fund those concrete pyramid, and they will see container ship has all of these con- advanced systems that allow us any- other buildings that are now in moth- tainers. They look like the box that an where in the world to defend liberty balls. 18-wheel truck hauls behind it. So con- and give our Armed Forces the latest In 1972, we had the one and only anti- tainer ships come into the ports of this weapons technology in defense of ballistic missile site in the United country, they have all these containers America. That brings me to the ques- States of America. Within 30 days of its stacked on board, and a suspected ter- tion of national missile defense. activation, it was mothballed. It cost rorist put himself in a container, got Missile defense has been a desire by billions, was operational for 30 days, himself nailed in a container. many for a long while. Would we like and it was mothballed. He had a supply of water on board. He to have kind of a catcher’s mitt of Now, that was a different technology had a GPS. He had a radio. He had a sorts by which if someone shoots a mis- from the one we are discussing now. wireless computer. He had a bed. He sile at our country we can catch it be- Back then they decided what we will do had a toilet. He put himself in a con- fore it gets here, stop it, and destroy is if someone shoots missiles at us we tainer and put himself on a container it? I think everyone in this Chamber will send up an interceptor missile ship to ship himself to Canada. believes that would be advantageous. with a nuclear warhead and we will ex- We have 5.7 million containers come Of course, the technology does not plode that nuclear warhead up in the into this country to our ports every exist at this point. It is the equivalent heavens somewhere and we will destroy single year; 100,000 of them are in- of hitting a bullet with a bullet. It is a everything that is coming in. It was a spected, which leaves 5.6 million that technology we have spent billions of very different technology. are not. dollars trying to develop, but it does The United States decided that nu- I saw a container one day at a port I not yet exist. clear technology really is not some- visited. They had opened up the back of

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6064 CONGRESSIONAL RECORD — SENATE June 26, 2002 this container, picked one at random We need to be the world’s leader, to Mr. DORGAN. I am unable to hear. I out of the ship. I said, what is in that try to stop the spread of nuclear weap- would like to understand what the pro- container? They opened the door for ons. And we need to be the world’s cedure is. me and they said that is frozen broccoli leader in trying to achieve meaningful Mr. REID. Senator LEVIN indicated from Poland. reductions in nuclear weapons and de- he will offer his amendment about I said, that is interesting. Do you livery vehicles. 12:30, a second-degree amendment. know anything about what is in that Frankly, agreements just to put That is the next order of business. frozen broccoli? We see bags in the weapons in storage do not reduce the In the meantime, the comanagers back. Do we know what is in the mid- threat. There are over 30,000 nuclear will clear a number of amendments dle of this truck or this container? weapons in this world, and if one nu- they and their staffs have worked on Well, no. clear weapon is missing, just one, we the last several hours. And the Senator Do we know the conditions under have a very serious problem. If just one from Virginia asked when they com- which it was grown? nuclear weapon gets in the wrong pleted that, prior to the time that Sen- No. hands, we have a very serious problem. ator LEVIN was available to offer the Do we know much about it? If just one additional country becomes second-degree amendment, would it be No. a country that is part of the club that That was one container with frozen appropriate for others to speak on the has nuclear weapons, this country is broccoli from Poland. We get 5.7 mil- bill. Senator LEVIN, I am sure, agrees it less safe and this world is less safe. It lion containers coming into this coun- is totally appropriate. I want to make is our responsibility, this country’s re- try’s ports every year, and 5.6 million sure it is cleared. If he would want to sponsibility, to lead in the area of arms are not inspected. When they pull up to speak, there is nothing wrong with control and arms reductions. that. the dock of an American port, they are We need to do two things. I spoke pulling up at 2 to 3 miles an hour with Mr. WARNER. I think that is con- about one today—and I compliment structive. We are anxious to proceed to a big ship. That is a much more likely Senator WARNER and Senator LEVIN— delivery vehicle for a weapon of mass the extent we have amendments which we do need to increase our funding for are cleared. Subject to the chairman’s destruction than a terrorist getting national defense. But we need to do ahold of an ICBM and putting a nuclear desire, we can proceed to clear those. that in the right way that produces Senators would be free to discuss any tip on the top of it. muscle and strength for this country. So what are we doing about that? Is portion of the pending bill. I think That is one area. they so desire. there anyone who suggests we ought to Second, it is just as important we be spend the money so we have some sat- There would be an understanding, we as aggressive in this country in pursuit will put it in unanimous consent form, isfaction and some feeling that we are of a world leadership role because it is that no further amendments can be of- going to protect ourselves against a our job and our role to reduce the weapon of mass destruction in a con- fered until, say, the hour of 12:30. spread of nuclear weapons, stop the Mr. REID. I believe the unanimous tainer on a container ship that comes spread of nuclear weapons, and reduce consent request now in effect covers up to a dock in Los Angeles or New the number of nuclear weapons in this that. Jersey or some other port in this coun- world. If September 11 tells us any- try at 2 miles an hour, and then is load- Mr. WARNER. We will make certain. thing, it ought to tell us that. Mr. REID. I ask the chairman. ed on a bank of tires and is pulled by a Mr. President, the murder of thou- The PRESIDING OFFICER. No truck across the country and then sits sands of innocent Americans by terror- amendments are in order to the Warner in a lot somewhere outside a factory or ists who want to do additional harm to amendment prior to filing the Levin outside a key installation, perhaps a this country should alert everyone second-degree amendment. nuclear power plant? once again that we must be a world Mr. WARNER. That is our under- Is anybody going to do anything leader in stopping the spread of nuclear standing. about that? weapons. That means we must be the Mr. LEVIN. Mr. President, I ask How much money are we going to world leader in not just mothballing or unanimous consent that in the time be- spend on that? We are told we do not warehousing weapons, but also in re- tween now and when I lay down the have enough money to solve that prob- ducing the stockpiles of nuclear weap- second-degree amendment to Senator lem. So now we are debating $800 mil- ons. lion on the issue of national missile de- As we work our way through these WARNER’s amendment, others be recog- fense. The authorizing committee says discussions about defense, national nized to speak or we clear amendments let’s spend $6.8 billion, and others, in- missile defense, arms reductions and between now and that time. Is that in cluding the President, say no we need arms control treaties, I hope this coun- order for a unanimous consent request? to boost that by $800 million. try understands its special obligation The PRESIDING OFFICER. Consent I look at the threat meter and I say, and also its opportunity to be a leader is not required for that. what are the threats and what are we in something that will make a big dif- Mr. LEVIN. I yield the floor. doing to respond to those threats? Do ference for this country’s future and The PRESIDING OFFICER. The Sen- we have enough to deal with the threat for the future of the world. ator from Indiana. of the 5.7 million containers that come I yield the floor. Mr. BAYH. Mr. President, I rise in into our ports every year with the pros- Mr. WARNER. I inquire of the distin- support of the Defense Authorization pect that one of those containers might guished majority whip, in the period of Act. I begin by congratulating and come into one of those ports with a time until the chairman and I have a thanking Senators WARNER and LEVIN weapon of mass destruction, sent to us consensus as to how to proceed, could for their leadership on this important by a terrorist? Everyone knows that it Senators be recognized for the purpose issue to ensure that our military men is far easier to do that than to find ac- of just debate on the question related and women have the resources and cess to an ICBM with a nuclear weap- to this bill? tools to get the important job done of on. Mr. REID. I say to my friend from protecting America’s homeland and our Before I close let me say a few words Virginia, I had a long conversation interests abroad. about the recent nuclear arms agree- with the manager of the bill, the chair- I would also like to thank a colleague ments with Russia. I give to the Presi- man of the committee. Probably about of ours who was called away. That is dent my compliments that he is deal- 12:30 we would be ready to offer the sec- Senator MCCAIN, from Arizona. He ing with the right subject. When you ond-degree amendments. Staff is work- bears the scars of battle, having served reach an agreement with Russia with ing as we speak. our Nation in the military. There is no respect to nuclear weapons, that is the It is my understanding that the two one more dedicated to the defense of right subject. But it is not enough to managers of the bill have a number of America than Senator MCCAIN. He was have a new agreement to simply put amendments that could be cleared. It instrumental in the provisions of this nuclear weapons in storage nuclear would be appropriate to do that if at bill that will make it possible for more weapons and to allow their delivery all possible. The more time that goes young Americans to serve our Nation systems to be kept intact. by, the more difficult it is. in the military. It is ironic that at this

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6065 time when we face greater national se- more energy and resources to put back had the experience of serving in uni- curity challenges than at any time in a into this country. We think senior citi- form, with all that that means in form- generation, so few Americans, particu- zens have a lot to offer America and ing their own citizenship in future larly young Americans, have served will seize this opportunity to serve our years. At the same time, I urge my col- our country in uniform. country if we give it to them, as I be- leagues to carefully consider and sup- Senator MCCAIN and I would like to lieve we must. port our Call To Service Act, which change that by opening up greater ave- We seek to challenge young people would do exactly the same in the civil- nues for Americans to serve in the involved in our work/study programs to ian sector, strengthening America in military to protect this country, to at- give back to the country that has made ways that are beyond measure. tract America’s best and brightest to their higher education possible. Cur- I thank my colleagues and yield the military service. There are provisions rently, only 7 percent of those involved floor. in this bill that will do exactly that. in work/study are required to be in- Mr. LEVIN. Mr. President, I suggest Specifically, we establish a shorter volved in public service. Senator the absence of a quorum. track for military service: 15 months of MCCAIN and I seek to expand that to a The PRESIDING OFFICER. The active duty following basic training full 25 percent over the course of the clerk will call the roll. with the balance of the service to be next 9 years, ensuring a corps of young The legislative clerk proceeded to served in other capacities. In exchange Americans who are not only getting a call the roll. for this, we will relieve up to $18,000 of higher education but, in the process, Mr. MILLER. Mr. President, I ask student loans for each man or woman building and rebuilding the country unanimous consent the order for the who has served in the military and that has helped to make that higher quorum call be rescinded. goes on to higher education or has education possible. The PRESIDING OFFICER. Without studied in higher education previously. In all these capacities, we seek to objection, it is so ordered. In addition, we provide full 1-year GI harness the good intentions that have Mr. MILLER. Mr. President, re- benefits following leaving the military arisen from 9–11—the surge in patriot- cently, ABC canceled country music and two-thirds of GI benefits for up to ism, the desire to put something back singer Toby Keith from its July Fourth 36 months following leaving active in this country, to harness those inten- TV special. They did not want him to service. tions and to channel them into con- sing his song about the September 11 This, colleagues, will serve as a pow- crete action that will improve America attacks. ‘‘Courtesy of the Red, White & erful incentive for those in our society for generations to come. This Defense Blue (The Angry American).’’ who want to get a higher education to Authorization Act will do that in Earlier, a similar thing happened first or subsequently serve in the U.S. terms of encouraging more young with PBS and Charlie Daniels. military and the cause of protecting Americans to serve in uniform in ways This is a disgrace and the rankest America. that will tangibly protect this country kind of hypocrisy from these advocates At a time when a college degree is so from military aggression. of free speech. important to success in the private sec- At the same time, we seek to enact I therefore ask unanimous consent tor, we believe it is equally important the Call To Service Act, to channel that the lyrics of these two patriotic not only for our society as a whole but more energy into civil service as well, songs by Toby Keith and Charlie Dan- for the military particularly to attract to help students learn, to help senior iels be entered into the CONGRESSIONAL more men and women with a back- citizens lead independent, productive RECORD. And just for good measure, I ground in college and higher education lives out of their homes, and to meet also ask to include the lyrics of an- in the defense of our Nation. These pro- the other challenges that will make other great patriotic country song visions will accomplish exactly that. our country not only safe militarily from my generation, ‘‘Fightin’ Side of In addition, I am hopeful we can use but make our Nation more decent, Me,’’ by Merle Haggard. the national service provisions in- more compassionate, more just; to re- There being no objection, the mate- cluded in this bill as an additional mo- member the challenges we face at rial was ordered to be printed in the tivation and incentive to attract more home and meet them, just as our brave RECORD, as follows: Americans to serving our country in ci- military young men and women are COURTESY OF THE RED, WHITE AND BLUE vilian capacities as well. meeting the security challenges we (ANGRY AMERICAN) The amendment of Senator MCCAIN face abroad. (By Toby Keith) and I will accomplish exactly that. We In summary, the call to service, will extend the AmeriCorps provisions American girls and Americans guys whether in the military or in the civil- Will always stand up and salute a full fivefold, from 50,000 to 250,000 ian sector, is in the finest of American Will always recognize Americans each and every year, so that traditions. It was Thomas Jefferson When we see Old Glory flying every 4-year period 1 million of our who once said, in reflecting upon the There’s a lot of men dead citizens, particularly young people, accomplishments of his own life: So we can sleep in peace at night will have served our Nation in capac- I would much prefer to be remembered for When we lay down our head ities that are important, and half of what I have been privileged to do for others My Daddy served in the army those new AmeriCorps members will be than for what others have so kindly done for Where he lost his right eye serving America in a homeland defense me. But he flew a flag out in our yard capacity. This spirit of national service could Till the day that he died At a time when we need to secure our not be more timely, colleagues. The He wanted my Mother, my Brother, My Sister and me infrastructure, ports, airways, and rail- eyes of the world are upon us today, To grow up and live happy ways, at a time when we need to pro- and they are asking: Does this genera- In the land of the free tect our country against biological and tion of Americans have what it takes Now this nation that I love other threats, it is important we do so to sacrifice, even for a moment, even in Is falling under attack to the extent we can using highly part, the ease and comfort to which we A mighty sucker punch came flying in trained and motivated volunteers. It have been accustomed, in the cause of From somewhere in the back will not only help to instill the ethic of championing and protecting the ideals As soon as we could see clearly service but protect our country in tan- we claim to cherish? I believe we can. Through our big black eye gible ways in a manner that is most I believe we must. Man we lit up your world cost effective. I thank Senators Warner and Levin Like the Fourth of July We seek to reach out and enlist more for including the military components Chorus: senior citizens in the cause of putting of our service legislation within this Hey, Uncle Sam put your name something back in our society. On the authorization act. I think it will do a At the top of his list And the Statue of Liberty cusp of the baby boom generation be- lot to strengthen the military in years Started shaking her fist ginning their retirement, we will have to come and will strengthen the fabric And the eagle will fly more Americans living longer, of society as more Americans, and par- And it’s going to be hell healthier lives than ever before, with ticularly young Americans, will have When you hear Mother Freedom

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6066 CONGRESSIONAL RECORD — SENATE June 26, 2002 Start ringing her bell Yeah, walkin’ on the fightin’ side of me. phasize, that are set forth in the War- And it will feel like the whole wide world Runnin’ down the way of life, ner amendment: whichever of the fol- Is raining down on you Our fightin’ men have fought and died to lowing purposes the President deter- Brought to you courtesy keep. mines the money should be spent for— Of the Red, White and Blue If you don’t love it, leave it: ‘‘(1) Research, development, test, and Oh, justice will be served Let this song I’m singin’ be a warnin’. And the battle will rage If you’re runnin’ down my country, man, evaluation for ballistic missile defense This big dog will fight You’re walkin’ on the fightin’ side of me. programs of the Department of De- When you rattle his cage I read about some squirrely guy, fense.’’ The second purpose specified in You’ll be sorry that you messed Who claims, he just don’t believe in fightin’. the Warner amendment is: ‘‘Activities With the U.S. of A. An’ I wonder just how long, of the Department of Defense for com- Cause we’ll put a boot in your ass The rest of us can count on bein’ free. bating terrorism at home and abroad.’’ It’s the American way They love our milk an’ honey, What the second-degree amendment Chorus: But they preach about some other way of provides is that combating terrorism livin’. Of the Red, White and Blue at home and abroad is the highest pri- Of my Red, White and Blue When they’re runnin’ down my country, hoss, ority for allocating these funds. Pro- THE LAST FALLEN HERO They’re walking on the fightin’ side of me. tecting the American people in this (By the Charlie Daniels Band) Yeah, walkin’ on the fightin’ side of me. way, under the second-degree amend- Oh the cowards came by morning and at- Runnin’ down the way of life, ment, should be the top priority for tacked without a warning Our fightin’ men have fought and died to these funds. Leaving flames and death and chaos in our keep. We have all said that over and over streets If you don’t love it, leave it: again, that combating terrorism is now In the middle of this fiery hell brave heroes Let this song I’m singin’ be a warnin’. our No. 1 priority. And these funds, fell If you’re runnin’ down my country, man, which will be made available as a re- You’re walkin’ on the fightin’ side of me. In the skies of Pennsylvania on a plane sult of the readjustment of inflation, bound for destruction Yeah, walkin’ on the fightin’ side of me. should be dedicated, in our judgement, With the devil and his angels at the wheel Runnin’ down the way of life, They never reached their target on the Our fightin’ men have fought and died to to that purpose. ground keep. The amendment does not preclude Brave heroes brought it down If you don’t love it, leave it: the President from spending additional Chorus: Let this song I’m singin’ be a warnin’. funds on missile defense should he de- This is a righteous cause so without doubt or If you’re runnin’ down my country, man, termine that is a higher priority. This pause You’re walkin’ on the fightin’ side of me. amendment does not preclude the I will do what my country asks of me Mr. LEVIN. Mr. President, I suggest President from reaching that judg- Make any sacrifice the absence of a quorum. ment. It expresses our judgment that, We’ll pay whatever price The PRESIDING OFFICER. The of those two specified purposes in the So the children of tomorrow can be free clerk will call the roll. Lead on red, white and blue underlying amendment, combating ter- The legislative clerk proceeded to rorism is the top priority to protect And we will follow you until we win the final call the roll. victory the American people at home and God help us do our best we will not slack or Mr. LEVIN. Madam President, I ask abroad. rest unanimous consent the order for the I yield the floor. Till the last fallen hero rests in peace quorum call be rescinded. The PRESIDING OFFICER (Mrs. The PRESIDING OFFICER. The Sen- Now the winds of war are blowing and there’s ator from Virginia. CARNAHAN). Without objection, it is so no way of knowing Mr. WARNER. Madam President, I Where this bloody path we’re traveling will ordered. thank the chairman for providing this lead AMENDMENT NO. 4046 TO AMENDMENT NO. 4007 amendment at this time, precisely at We must follow till the end Mr. LEVIN. Madam President, I send the stroke of 12:30. We will have the op- Or face it all again a second-degree amendment to the portunity to examine it. And make no mistake about it, write it, desk and ask that it be read. preach it, talk it, shout it The PRESIDING OFFICER. The You have basically reached the point Across the mountains and the deserts and clerk will report. where you are saying that the Presi- the seas The legislative clerk read as follows: dent wants to follow the law. And if The blood of innocence and shame this were adopted, it is my under- Will not be shed in vain The Senator from Michigan [Mr. LEVIN] proposes an amendment numbered 4046 to standing it is not the intention of the Chorus: amendment No. 4007: second-degree amendment, the pro- This is a righteous cause so without doubt or On page 3, strike subsection (c) and insert posers of it, to in any way abrogate the pause the following: flexibility to allocate these funds be- I will do what my country asks of me ‘‘(c) PRIORITY FOR ALLOCATING FUNDS.—In Make any sacrifice tween the two stated purposes in my the expenditure of additional funds made amendment—namely, missile defense We’ll pay whatever price available by a lower rate of inflation, the top So the children of tomorrow can be free priority shall be the use of such funds for De- and homeland security—in any way. In Lead on red, white and blue partment of Defense activities for protecting other words, he retains full flexibility And we will follow you until we win the final the American people at home and abroad by to do so. Am I correct in that? victory combating terrorism at home and abroad.’’ When we talked yesterday that was God help us do our best we will not slack or the purport of the amendment the dis- rest Mr. LEVIN. Madam President, just Till the last fallen hero rests in peace very briefly—I know the majority lead- tinguished chairman was proffering yesterday. I presume this amendment God help us do our best we will not slack nor er wants to be recognized if he returns rest to the floor—the amendment of the continues your representation that the Till the last fallen hero rests in peace Senator from Virginia specifies two purpose of the amendment was not in purposes for additional funds which any way to abrogate his flexibility to FIGHTIN’ SIDE OF ME: MERLE HAGGARD would become available as a result of allocate between the two specific pur- (Written by Merle Haggard) an adjustment to the inflation factor, a poses as stated in the underlying I hear people talkin’ bad, recalculation of the inflation factor. amendment? About the way we have to live here in this The Senator from Virginia has been Mr. LEVIN. This second-degree country, assured that at least $814 million will amendment does two things which the Harpin’ on the wars we fight, become available. He made that rep- amendment I was going to offer yester- An’ gripin’ ’bout the way things oughta be. resentation to us yesterday. Based on day would have done; that is, it states An’ I don’t mind ‘em switchin’ sides, An’ standin’ up for things they believe in. that representation, he has offered an that in our judgment, the top priority When they’re runnin’ down my country, amendment which provides that the for the use of these funds is to combat man, money be spent for one of two specified terrorism at home and abroad. But it They’re walkin’ on the fightin’ side of me. purposes. These are the purposes, I em- does not preclude the President from

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6067 spending this additional money on mis- than another terrorist incident? The We should all be able to agree that sile defense should that be his deter- heinous terrorist attacks of September terrorism is a threat that confronts us mination. It does both of those things. 11 did not involve ballistic missiles, here and now. Therefore, I hope my col- It does not preclude the President from and none of the warnings of possible fu- leagues will make fighting terrorism spending the money on missile defense ture attacks issued by this administra- their first priority. should he reach the judgment that is a tion since September 11 even men- I support the Levin amendment. I higher priority than combating ter- tioned the possibility of a ballistic mis- congratulate him on drafting it. I urge rorism, that those additional funds sile attack. our colleagues to support it as well. above the $7.6 billion on missile defense The steady stream of recent warnings I yield the floor. is a higher priority than combating from this administration have warned The PRESIDING OFFICER. The Sen- terrorism. This amendment would not us about crop dusters, gasoline trucks, ator from Virginia. preclude him from doing that, but the shoe bombers, ‘‘dirty’’ bombers, at- Mr. WARNER. Madam President, I heart of this amendment remains as it tacks on our financial institutions, listened very carefully to the distin- was last night, expressing our judg- shopping malls, nuclear powerplants, guished majority leader’s comments. I ment—that is, between these two speci- and large apartment buildings. All of am not so certain we have any major fied purposes in the underlying amend- these have been cited as possible at- differences. I assure you, this adminis- ment—that the top priority is com- tacks. More money for ballistic missile tration and, indeed, the Senate as a bating terrorism at home and abroad. defense would not make any of them whole is focused, as it should be, on The majority leader is in the Cham- more preventable. homeland defense and taking those ber. This debate is about the best use of measures to protect the American peo- Mr. WARNER. If I could add further, our national resources to protect our ple here at home and, indeed, abroad. that is the proportions of the alloca- national security. It is not about There is no lack of emphasis I can find tion—it is implicit in there—he can whether to proceed with the construc- in the overall framework of legislative make the allocation in such propor- tion of a missile defense facility at proposals now in law and hopefully to tions to the two accounts as he deems Fort Greeley, AK. Although I have be enacted in law, making it very clear appropriate? many questions about the merit of and this President, under his leadership, is Mr. LEVIN. The President is not pre- need for this facility, the underlying moving on a number of fronts to com- cluded by this language from reaching bill already fully funds the administra- bat terrorism in the United States and a different conclusion and allocating as tion’s proposal for constructing this where it affects our citizens abroad. he chooses. It is pretty clear what our test site. Yes, I listened carefully, and others judgment is as to the top priority. This debate is not about whether to have mentioned the warnings we are That is the purpose of this amendment. provide missile defense with billions of receiving. They do address the weap- Mr. WARNER. Madam President, I dollars, although I have concerns that onry—the weapons that are known to thank my colleague. We will examine a huge missile defense program could be in the hands of those who have in- this amendment. Yesterday, at one crowd out funding for more important terests antithetical to our great United point we were willing to accept the sec- security programs such as counterpro- States, our people, our freedom, and ond degree. Let’s see whether or not liferation and homeland defense. The our way of life. that can be achieved in the near future. underlying bill already provides mis- But in this particular bill, as it re- I yield the floor. sile defense with $6.8 billion, easily lates to missile defense, we are looking The PRESIDING OFFICER. The ma- making it the largest acquisition pro- into the future. There are many signs jority leader. gram in the Pentagon’s entire budget. that clearly justify actions being Mr. DASCHLE. Madam President, let And, if this body adopts both the taken, hopefully by this legislation, me compliment the distinguished Sen- Warner and Levin amendments, it will and to begin to take those steps to put ator from Michigan for his work in ac- be possible for missile defense to re- in place such defenses as our tech- commodating the dual priorities our ceive additional resources if they be- nology can devise, and promptly, which two managers have attempted to ad- come available. would enable us to provide a limited dress over the course of the last couple Nor is this debate about the proper system—not some giant umbrella but a of days as we consider the issue of mis- timetable for deploying missile de- limited system of defenses against a sile defense and the need to ensure ade- fense. Although I have strong reserva- limited attack of missiles. quate resources for homeland defense. tions that the administration’s rush to So we are looking to the future. I We are debating what may be one of deployment could have some negative share with the distinguished leader the the most significant amendments to ramifications for our security, the un- fact that we have to forewarn our citi- one of the most important pieces of derlying bill does nothing that would zens today with regard to the weaponry legislation to come before the Senate affect the administration’s timetable available, whether it is biological, this year. I am surprised, frankly, that for deploying missile defense. chemical, or possibly some mocked-up objections have been raised to the In short, this debate is not about who type of nuclear weapon by a rogue na- Levin amendment. Both the Warner supports missile defense. In fact, where tion or some terrorist organization. I and Levin amendments agree that if one stands on these amendments bears think we are all pulling together in the additional resources become available no relation to how one feels about mis- same direction. to the Pentagon, only two programs, sile defense. I strongly support a sub- I hope we can address these amend- missile defense and counterterrorism, stantial missile defense program and ments very promptly. I ask for a rea- would be eligible for these resources. the Levin amendment. Anyone who be- sonable period of time within which to The only difference, as has just been lieves there is something inconsistent address the second-degree amendment. described in the colloquy between our about this should read the underlying I thank the majority leader. two colleagues on the Armed Services bill and the amendments before us. The PRESIDING OFFICER. The Sen- Committee, the only difference is that Rather, the pending amendments ator from Rhode Island is recognized. Senator LEVIN’s amendment would put raise a larger, more fundamental ques- Mr. REED. Madam President, I rise Congress on record that combating ter- tion. In particular, what is the most to speak about the amendment pro- rorism should be our top priority. immediate action we can take to make posed by the Senator from Virginia and After what America and the world America more secure? Providing the the second-degree amendment proposed witnessed on September 11 and the sub- funds that will help us dismantle al- by the Senator from Michigan. sequent actions discussed in reports Qaida and prevent acts of terrorism, or As I understand the amendment of from intelligence agencies since, I providing funds beyond the $6.8 billion the Senator from Virginia, it does sev- question how anybody could challenge already in this bill to help us deploy a eral things. First, it assumes there will that this should be our top priority. missile defense system at some point be approximately $814 million in sav- How could anyone think, in the short in the future? That is the question. ings because of the inflation figures. term at least, we are more likely to be Your answer ought to be the former, Then it sets up two categories of fund- a target of a ballistic missile attack not the latter. ing that this extra money, if found, is

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6068 CONGRESSIONAL RECORD — SENATE June 26, 2002 to be used for: missile defense or tacks in the United States and against Again, none of those threats raise an counterterrorism activities. U.S. interests overseas in the next sev- ICBM attack, or even a theater missile But then at the end of the amend- eral days. attack on the United States. ment, it proposes to set the priorities I do not suspect that any of those February 11: Federal Bureau of Inves- for allocating these scarce resources. warnings were tied into the use of an tigation issues a warning that more As I read the priority, it is everything intercontinental ballistic missile to at- terrorist attacks may take place with- that the Department of Defense does, tack. in the United States and against U.S. because the priority would be activities October 29: The Federal Bureau of In- interests in the country of Yemen on for combating terrorism and protecting vestigation issues a warning that there or around February 12, 2000. In its the American people at home and may be additional terrorist attacks in warning, the FBI specifically identifies abroad. the United States and against U.S. in- Yemeni national Fawaz Yahya al- I suggest—and I doubt anyone would terests overseas in the next several Rabeei and several of his associates as argue—that the crew of an American days and that Americans and police suspects, and Yemen as their possible nuclear submarine patrolling the should be on the highest alert. target based on information gathered depths of the Atlantic or the Pacific Again, that is not coupled with any an detainee interrogations at Camp X- are protecting Americans at home and specific indication that an interconti- Ray on the U.S. Navy base at Guanta- abroad. I argue that Marine guards in nental ballistic missile would be in- namo Bay, Cuba, and in Afghanistan. embassies throughout the world are volved. The warning advises Americans and protecting Americans. I argue that December 3, 2001: Director of the Of- law enforcement agencies to be on the troops that are training for possible de- fice of Homeland Security Tom Ridge highest alert and requests help in iden- ployments overseas are protecting at a White House press briefing said: ‘‘ tifying these suspected terrorists. Americans at home and abroad. . . . the quantity and level of threats April 19: Federal Bureau of Investiga- The fact is that this priority is no are above the norm and have reached a tion issues a terrorist threat alert priority at all. The fact is, this debate threshold where we should once again identifying U.S. financial institutions is a debate about whether we will use place the public on general alert, just in the Northeast as possible targets. April 24: The FBI issues a terrorist extra resources to fight terrorism or as we have done on two previous occa- threat alert identifying shopping malls for a national missile defense shield. If sions since September 11th.’’ and other public places as possible tar- you ask any American, their answer December 22: Flight attendants and passenger subdue a man reportedly try- gets, according to news sources. would be obvious and automatic: Pro- May 13: U.S. authorities have re- tect us from terrorism. Why? I don’t ing to set his shoes on fire on American Airlines Flight 63 from Paris to Miami ceived reports from different intel- know if they have read the national in- ligence sources of a threatened July 4, telligence estimate of December 2001. carrying 185 passengers and 12 crew members. The plane is diverted to Bos- 2002, attack against an undetermined It says: U.S. nuclear powerplant in the North- In fact, U.S. territory is more likely to be ton’s Logan International Airport, es- corted by two U.S. Air Force F–15 east by al-Qaida terrorists. attacked with [weapons of mass destruction] May 20: FBI Director fighter jets. Boston Airport authorities from non-missile delivery means—most like- tells a gathering of the National Dis- say the man appears to have been car- ly from terrorists—than by missiles, pri- trict Attorneys Association that walk- marily because non-missile delivery means rying C–4, a powerful plastic explosive, are less costly, easier to acquire, more reli- in suicide bombings, such as those that in his shoes. The suspect is identified have taken place in Israel, are likely to able and accurate. They can also be used as Richard C. Reid on his British pass- without attribution. occur in the U.S. The Director says, port. ‘‘We see that in the future. I think it is They might not have read in detail Once again, ask yourself, if you are the national intelligence estimate, but inevitable.’’ allocating money, do you allocate it to News sources report that the FBI has that is what our intelligence officials screening passengers better, or to x-ray issued informal warnings that terror- are telling us: The most likely and im- baggage better, or to doing things for a ists might rent apartments at large mediate threat is terrorists attacking national missile defense? apartment complexes, pack the apart- us, and perhaps with weapons of mass January 29, 2001: In his State of the ments with explosives, and detonate destruction, but not an interconti- Union Address before Congress, Presi- them. nental ballistic missile attack on the dent George W. Bush says U.S. forces Ask yourself: How much will a mis- United States. in Afghanistan ‘‘ . . . have found dia- sile defense system protect us against a On September 23, 2001, a few days grams of American nuclear power suicide bomber walking into a mall or after September 11, the Federal Avia- plants and public water facilities, de- walking in and exploding an apartment tion Administration grounded crop tailed instructions for making chem- building? duster aircraft nationwide because of ical weapons, surveillance maps of May 21: The FBI issues a terrorist concerns that they might be used in American cities, and thorough descrip- threat warning to New York law en- chemical or biological terrorist at- tions of landmarks in America and forcement agencies that it has received tacks. This marks the third time since throughout the world.’’ Warning that ‘‘unsubstantiated and uncorroborated the September 11 terrorist attacks that ‘‘thousands of dangerous killers . . . information that terrorists are consid- crop duster aircraft have been ground- often supported by outlaw regimes, are ering attacks against landmarks in ed. The other two groundings were now spread throughout the world . . . ’’ New York City.’’ from September 11 through September The President promises to continue the May 28: Hans Beth, director of the 14, and from September 16 through Sep- war on terrorism at home and abroad. antiterrorism and organized crime di- tember 17. Were those plans and diagrams used vision at Germany’s BND foreign intel- Again, ask yourself, is that a threat to target an ICBM, or were they used ligence service, says at a conference in that national missile defense can pre- to infiltrate terrorists into the U.S. to Bonn, Germany, that the al-Qaida ter- pare for? I should add that, as the Sen- attack those facilities? rorist network is active, regrouping, ator from Virginia said, we are con- January 31, 2002: An internal alert and recruiting new members, according cerned about the future; but this au- warning that Islamic terrorists are to the Associated Press. The director thorization is for next year. This issue planning a major attack against Amer- says: is what funds will be spent next year— ican targets appears in a classified doc- We believe that bin Laden himself and sev- the extra funds that will be available. ument issued by U.S. intelligence agen- eral of his confidants are still around to give This year and next year, the American cies. The alert reportedly specifies sev- the impulses for attacks. people will say unhesitatingly: Protect eral potential methods of attack and May 29: Customs Commissioner Rob- us from terrorism. That was September targets: a nuclear powerplant or nu- ert Bonner, in an Associated Press 23, 2001. clear facility bombing, bombing a U.S. interview, says that every Customs in- October 11, 2001: The Federal Bureau warship in Bahrain, a suicide airliner spector will be equipped by January of Investigation issues a warning that attack on a building, and bombing a 2003 with a pocketsize radiation detec- there may be additional terrorist at- vehicle in Yemen. tor, and that Customs is working with

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6069 other countries to screen cargo con- told interrogators that they fled Af- A $10 billion investment next year, a tainers before they are shipped to the ghanistan and came to Morocco on a combination of our authorization and United States. The Commissioner cau- mission to use bomb-laden speedboats residual funds, is an important down- tions, however, that ‘‘there are no for suicide attacks on U.S. and British payment, a substantial, robust down- guarantees’’ that improved border se- warships in the Strait of Gibraltar. The payment on a future system that will curity will prevent a terrorist from three Saudi men were captured in May counter future threats. smuggling a nuclear weapon into the 2002 in a joint Moroccan-Central Intel- What we are suggesting in this bill is United States. ligence Agency operation. that when you look closely at the sug- Again, this is not something with June 21: The Federal Bureau of Inves- gestions and recommendations of the which a national missile defense sys- tigation issues a terrorist threat alert Department of Defense with respect to tem could cope and for which it is not warning that terrorists might be plot- terrorism operations and contin- even designed. ting to use fuel tankers to attack unde- gencies, there is a long list of items not May 30: New sources report that the termined Jewish neighborhoods and funded. Senator LEVIN’s priority and Federal Bureau of Investigation issued synagogues, according to the Associ- my priority would be to fund these an alert on May 22, 2002, to Federal, ated Press. counterterrorism activities. State, and local law enforcement agen- June 25: The New York Times reports There is, for example, $871 million for cies warning that al-Qaida terrorists that, according to congressional offi- improved security on the list of un- may be trying to target commercial cials, Capitol Police in Washington, funded priorities by the services. The aircraft by using shoulder-fired anti- DC, are stockpiling up to 25,000 gas Special Operations Command found an aircraft missiles. Reportedly, the warn- masks to protect tourists, lawmakers, additional shortfall of $42 million in ing was issued after U.S. military per- and their staffs in case of a terrorist items that they could not provide to sonnel found a spent portable missile attack. protect units fully, from their perspec- tube outside the Prince Sultan Air If you ask the American people how tive, against terrorism on their instal- Base in Saudi Arabia earlier in May this money should be prioritized, the lations. 2002. answer is clear, overwhelming, and ir- The second item, for example, on the May 31: The Washington Times re- refutable. The highest priority should Air Force list of unfunded items is $149 ports that classified U.S. Government be the war against terrorism, certainly million for improved physical security intelligence reports indicate that Is- at this moment and certainly in this at its bases. lamic terrorists may have smuggled next fiscal year. As a result, I believe The Navy’s list included an addi- portable shoulder-fired Russian SA–7 Senator LEVIN’s amendment is not only tional $263 million for improvements to surface-to-air missiles or U.S. Stinger crucial but essential so that the direc- Navy installations. antiaircraft missiles into the United tion, at least the sense of this Con- The Army identified $110 million of States. gress, is clear. I hope we will support unfunded force protection needs. Again, ask yourself how we should be this second degree amendment. These funds will be used to protect allocating extra funds to protect the In addition, I should point out again military installations, naval stations, people of the United States if those that we are robustly funding missile shipyards, fencing off installations, air- funds become available. defense activities. We have done that. fields, and keeping intruders away. All June 7: Reuters News Service reports Our proposal is $6.8 billion for fiscal of them are very necessary. But be- that CDR Jim McPherson, a U.S. Coast year 2003. We expect an additional $4 cause we were making difficult judg- Guard spokesman, says the Coast billion to be available since it was not ments about priorities—and that is Guard issued a warning to all of its spent last year. This gives us in the what our job is—we could not fund units to be on alert during the June 7 next fiscal year over $10 billion to use these compelling needs. I suggest if through 9 weekend for ‘‘possible acts of on national missile defense—theater there are inflation savings, that is terrorism targeting the Nation’s ports, missile programs, national missile pro- where they should go, and that is what bays, rivers, and shores.’’ grams, boost phase, midcourse phase, the Levin amendment will direct, sug- June 10: Attorney General John terminal phase, the latest system gest, at least make as the policy of this Ashcroft announces the disruption of which this administration is pursuing. Congress: That our highest priority is ‘‘an unfolding terrorist plot to attack That is adequate and sufficient in our counterterrorism. the United States by exploding a radio- view, but in addition, as Senator LEVIN In addition to this $914 million of un- active ‘dirty bomb.’ ’’ pointed out, recognizing the top pri- funded force protection requirements, June 12: CBS News reports the Immi- ority of terrorism, the language still the services and Special Operations gration and Naturalization Service would allow, even as amended, some re- Command identified $184 million in un- issued a June 6, 2002, security alert in- sources to be devoted to additional na- funded priorities for defending against structing INS agents at U.S. airports, tional missile defense activity, if the and managing the consequences of at- borders, and ports to do ‘‘[a] complete President determines that. tacks using weapons of mass destruc- and thorough search of all baggage’’ Having listened to this litany of tion. carried by Yemeni travelers, except warning emanating from the adminis- As a national intelligence estimate those carrying diplomatic passports, tration itself, it is hard to think that suggests, if such an attack takes place and make ‘‘an inventory of all effects.’’ there is a higher priority at this mo- within the foreseeable future, it will The order was reportedly prompted by ment and next year than counterter- not be as a result of a missile strike, the discovery of several thermos bot- rorism. but terrorists detonating some type of tles—some rigged with batteries and We have supported robust activities weapon of mass destruction in the wire—during a raid in the northeastern to test and deploy missile defense sys- United States. Our services are asking United States of an apartment that tems. There is full support for the us for $184 million to respond, to defend housed several Yemeni nationals. The Alaskan system. There is full support against, and manage the consequences alert instructed agents to look for for research, experimentation, and of such an attack. The Marine Corps, ‘‘large sums of currency, night vision testing. In fact, we have added money for example, identified over $27 million goggles, or devices.’’ It also warned to these categories. in shortfalls for their chemical and bio- against agents opening any thermos We have added money for the Arrow logical incident response force. The Air bottles. missile, an important theater missile Force had an unfunded priority of $92 June 14: A suicide bomber drives a system we are developing jointly with million for equipping installation first car filled with explosives into a guard the Israelis. responders to manage WMD attacks. post outside the U.S. Consulate in Ka- We have added money for radars for The Navy had a $20 million unfunded rachi, Pakistan, killing 11 Pakistanis Navy sea-based systems. priority of this same line, the first re- and injuring at least 45 people, includ- What we have cut are those ill-de- sponders within the services to respond ing one U.S. marine who was slightly fined, duplicative programs that are to a weapons of mass destruction at- wounded by flying debris. not going to advance, we feel, the de- tack. The Air Force also had a $33 mil- June 16: The Washington Post reports velopment of this missile system, and lion unfunded requirement for bol- that three Saudis seized in Morocco we are looking to the future. stering the defenses of their personnel

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6070 CONGRESSIONAL RECORD — SENATE June 26, 2002 against weapons of mass destruction but homeland defense I do not believe The probability that a missile with a weap- attack, and Special Operations Com- are sound. on of mass destruction will be used against mand had a $12 million shortfall for In other words, are we going to stop the United States forces or interests is high- counterterrorism activities. If we add all R&D for missile defense? Are we er today than during most of the cold war. the $914 million of unfunded priorities going to stop developing the future That was when we were facing the related to protecting the Armed Forces combat system we have been working Russians and their missiles. by attack from terrorists to the $184 on down the road that may be a decade And it will continue to grow as the capa- million of unfunded priorities related in development? Are we just going to bilities of our potential adversaries mature. to defeating and managing WMD at- stop that because we have an imme- Is there anybody in this body who is tacks, we reach a total of over $1 bil- diate threat? The Navy’s sorry we invested money in precision lion. DD(X)program or other weapons sys- guided munitions? Are they sorry we So it is clear that the Special Oper- tems we are developing, the new and invested money in developing a sat- ations Command have urgent, indeed superbly efficient precision guided mu- ellite system that has been the key to critical, need to combat terrorism. nitions, should we continue to develop our communications and our military So when we pass legislation that says them? Well, of course we should. capabilities in Afghanistan? Are they there are two categories of spending for We cannot stop all that because we sorry we developed bombers capable of additional resources made available are into this war on terrorism. We need delivering those things in the past, rec- through inflation savings, one is mis- to fund every dime that is needed on ognizing it would be necessary in the sile defense, and one is combating ter- homeland defense. As a matter of fact, future? So that is what we are talking rorism, I think we need the Levin I just left a hearing in Judiciary where about: How do we get ready for this? amendment to say our highest priority we heard from Governor Ridge as he The report adds further comments: is combating terrorism, equipping our laid out the proposal to completely re- Some of the states—these are countries— military forces to protect themselves organize our Government, one of the armed with missiles have exhibited a will- and to protect us, at a minimum. But biggest reorganizations in the history ingness to use chemical weapons with other we also understand, even if we are able of the U.S. Government. The homeland delivery means. In addition, some non-state entities are seeking chemical, biological, ra- to provide these resources to our De- security Cabinet agency that is being diological and nuclear materials and would partment of Defense, where are the ad- proposed by President Bush would be be willing to use them in other ways than ditional resources for the Department an unprecedented move to focus a host employing them simply on a missile. In fact, of Commerce to make sure that all of of existing Federal agencies on one the U.S. territory is more likely to be at- their activities complement and sup- thing: Making sure their top priority is tacked on the ground with these materials plement the activities of the Depart- defending America. primarily because a non-missile delivery sys- ment of Defense? What about the Coast Back in 1999, a study done by a com- tem is less costly, easier to acquire and more Guard? Do they have enough resources mission authorized by Congress came reliable and accurate. They can also be used without attribution. Nevertheless, the mis- to protect all of our ports? What about back and unanimously concluded we sile threat will continue to grow, in part be- the FAA installing additional security are under a growing threat from na- cause missiles have become important re- measures in airports? All of these pri- tions around the world, that 16 nations gional weapons in the arsenals of numerous orities are immediate, extraordinarily now have missile capability—many of countries. Moreover, missile systems provide important, and have to be addressed. them are developing long-range capa- a level of prestige, coercive diplomacy and We have the opportunity today to bility—and that by 2005 this Nation deterrence that non-missile systems do not. make it clear that if these resources will be faced with and vulnerable to a We are dealing with a threat that is are available, they will be going to the missile attack. That is a reality with developing and is really here to some most immediate, the most dire, threat which we are faced. degree right now. We need to recognize we face, based upon our intelligence es- We voted in this Senate 97 to 3—and that. timates, based upon the numerous I quote—to deploy a national missile I point out some of the other testi- statements by the administration, and defense system as soon as techno- mony we have heard in the Armed we should do that confident we are pro- logically feasible. President Clinton Services Committee. In addition to the viding a robust funding source for na- signed that and supported it. Vice 1999 Rumsfeld report, we have received tional missile defense development in President Gore supported it during the a number of other bits of information every phase of their multilayered oper- past campaign. Senator JOE LIEBER- and important reports in the Armed ation. MAN, his Vice Presidential candidate, Services Committee and I am sure in I hope my colleagues will support en- has been a champion of establishing a the Intelligence Committee and For- thusiastically the Levin amendment. I national missile defense system. Presi- eign Affairs Committee. These are yield the floor. dent Bush made it a priority in his areas I share with Members as we The PRESIDING OFFICER (Mr. campaign, and he spoke openly about think about the question of the type of CORZINE). The Senator from Alabama. it. I submit this past election by the threats we face from hostile nations Mr. SESSIONS. Mr. President, I American people affirmed that com- with missiles. sometimes think we are like ships in mitment. Vice Admiral Wilson, the Director of the night as we discuss this issue and So the President proposed a larger the Defense Intelligence Agency, in his what the priorities of this country budget. Last year, he proposed $7.8 bil- testimony about Iran, said that they ought to be. I know Senator REED is an lion for national missile defense, $2.5 continue ‘‘the development and acqui- esteemed colleague and a capable advo- billion more than President Clinton sition of longer range missiles and cate, but I would like to talk about a had proposed over his $5.3 billion budg- weapons of mass destruction’’—that is few of the things he said that I think et. nuclear, biological, chemical weap- really do not give us the right perspec- This year, he is proposing roughly ons—‘‘to deter the United States and to tive. $200 million less for national missile intimidate Iran’s neighbors.’’ Also, he Of course, terrorism is the No. 1 defense, but fundamentally the Presi- says: Iran is buying and developing issue. We voted on a $40 billion FY01 dent has laid out a sophisticated, long- longer range missiles. supplemental budget. We have an FY02 term plan to get us prepared by the They are buying these missiles and supplemental in conference. A huge rapidly approaching time when we will developing these missiles right now. part of what we are spending in de- be vulnerable to a potential missile at- This is a nation the President referred fense, transportation, and in all agen- tack. to as part of the ‘‘axis of evil,’’ a na- cies of our Government, from the FBI I know one of my colleagues quoted tion whose government is not in the to the CIA, is focused on securing this from the National Intelligence Esti- hands of its people, and a nation which homeland. The arguments the Senator mate by the CIA on foreign missile de- could veer off into the extreme at any from Rhode Island make that suggests velopments that was issued earlier this time. Admiral Wilson further notes any other expenditure is not as valu- year, and some other things in that re- that Iran already has chemical weap- able as homeland defense and that we port that I think are noteworthy. This ons and is ‘‘pursuing biological and nu- can spend on nothing else apparently is what the report says: clear capability.’’

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6071 Admiral Wilson concludes on Iran bilize this regime. I was told the tele- from attack, or how can they support that it will ‘‘likely acquire a full range vision stations only have two or three us when they go forward? We need to of weapons of mass destruction capa- channels, and those are all government go forward with this. bilities, field substantial numbers of channels. You cannot even turn to an- I believe if we can give the President ballistic missiles and cruise missiles, other channel. The same is true with the authority to go forward, we will including perhaps an ICBM,’’ capable of the radio. It is virtually impossible to have done a good day’s work. reaching this country. That is what get an outside message in there. People Frankly, I do not want to vote, and I they are seeking to do. That is what we are afraid that the leadership in North hope we are not required to cast a vote need to prepare for today. We do not Korea could act in a bizarre and illogi- that says this is less important than need to end up in 2005, 2006, or 2007 cal way and even trigger an attack on other defense spending items. I think it being totally vulnerable to a missile the United States. is part of the whole defense bill. I think attack from Iran. For example, Admiral Wilson noted it is critical to our national defense. I With regard to Iraq, Admiral Wilson that North Korea ‘‘probably has the ca- think it is an integral part of it. said: pability to field an ICBM within the I would not like to have a vote here to say we think it is not critical, that Baghdad continues to work on short-range next couple of years.’’ 150 kilometer missiles and can use this ex- That is frightening. When our Presi- it is not somehow as important as any pertise for future long-range missile develop- dent gets into a dispute, an argument, other effort to defend America. But I ment. a disagreement with the leadership in do say it appears we are making some Is that not a threat to us? It troubles North Korea or Iraq or Iran, and they progress. I hope we can reach an agree- me. He adds: end up in the final analysis saying: You ment on this. do that, and we are going to launch our The American people expect us to Iraq may also have begun to reconstitute a protect this country. The American chemical and biological weapons program. missiles, and you know we can hit your people still do not fully understand we That seems to be clear. He has re- cities and you have no defense. It affects our foreign policy and af- have absolutely no defense against in- jected any inspection that he at one coming missiles. When they are told time agreed to. fects deeply the ability of the Presi- dent to lead and be bold and coura- that, and when this matter is discussed Admiral Wilson continues: with them, and when they are told that It is possible that Iraq could develop and geous on behalf of the just interests of the United States and freedom in the we have an officer such as Lieutenant test an ICBM capable of reaching the United General Ron Kadish, directing this pro- States by 2015. world. He also noted with regard to North gram providing it extraordinary lead- On North Korea, Admiral Wilson ership, professionalism, and produc- said: Korea that they continue to ‘‘pro- liferate weapons of mass destruction, tion, and that he is moving this na- North Korea continues to place heavy em- especially missile technology.’’ So they tional missile defense program forward phasis on the improvement of its military and will soon be able to deploy a suc- capabilities and continues its robust efforts are selling missile technology around the world to countries, leaving them, cessful missile defense system, they to develop more capable ballistic missiles. are frustrated some might try and slow They made a good deal of progress, as every- although they may not have the devel- one knows and read in the papers, about the opment capability, leaving them capa- down the progress needed to provide launches they have demonstrated. ble of threatening us. the nation the protection it requires. CIA Director George Tenet, March 19 That is where we need to go. Specifically, as to North Korea, Ad- Let’s protect our homeland through of this year—and the reports I have miral Wilson said: attacks on terrorism around the globe. been reading from earlier this year— It is developing an ICBM capability with Let’s harden our defenses here at home March 19, Director Tenet said this its Tapeo Dong 2 missile, judged capable of in every way possible. Let’s also con- delivering a several hundred kilogram pay- about the Chinese military: They an- tinue this steady development of a na- load to Alaska or Hawaii and a lighter pay- nounced a 17.6-percent increase in de- tional missile defense system that can load to the western half of the United States. fense spending replicating last year’s save the lives of innocent Americans This is one of the most bizarre na- increase of 17.7 percent. If this trend who are now vulnerable to attack. tions in the world, or in the history of continues, China could double its an- I yield the floor. the world. I was in South Korea in Jan- nounced defense spending between 2000 The PRESIDING OFFICER. The Sen- uary 2002. I was on the DMZ. I saw and 2005. ator from Hawaii. what was occurring. It is one of the Tenet, on China, continues that they Mr. AKAKA. Mr. President, as chair- most dramatic demonstrations anyone are near ‘‘toward fielding its first gen- man of the Readiness Subcommittee, I could ever see on the difference be- eration of road mobile strategic mis- rise in support of the Levin second de- tween a free society and a totalitarian siles, the DF–31, a longer range version gree to Senator WARNER’s amendment Communist society. The people of capable of reaching targets in the restoring $814 million either to the North Korea cannot feed themselves. United States that will become oper- President’s missile defense request or Yet their obsessed leadership is driving ational later in the decade.’’ to combating terrorism. Senator the nation to spend more and more Those are some of the reasons we LEVIN’s amendment clarifies what we money on missiles, technology, and made a decision in 1999 to start now to know to be true, that the need to ad- war while their people cannot feed develop a missile defense system. We dress the scourge of terrorism is urgent themselves. Go just south of that DMZ have a clear threat to our military in and is the top priority of our Nation. in South Korea. I was in Seoul and the field. They are subject to the short- I want to mention that I do have traveled around that country. We vis- er range missiles, the 150-kilometer some concerns about Senator WARNER’s ited our military people. It is a nation type missiles. Those type threats are amendment. I am not aware of the of impressive progress. They are pro- also important. The proposal floated committee receiving any information ducing some of the finest materials and earlier that came out of committee, from the administration that the sug- products the world knows. I was unfortunately, on a party line vote, gested savings from inflation might in pleased this year South Korea an- would have cut our research into fact be realized. I sincerely hope that nounced they would invest $1 billion in THAAD, our theater missile defense we are not just talking about ‘‘funny my State of Alabama to build an auto- system. We cannot put our troops in money,’’ and that we could be sure that mobile plant. They continue to have the battlefield and have them subject the funds are there before we start greater increases in sales than almost to missile attack. We lost more people talking about how to spend them. any other automobile country. from missile attack in the gulf war The Levin amendment makes clear This is free South Korea compared to than anything else. It is definitely a that, while both missile defense and ef- the totalitarian north. threat to us and our allies in the re- forts to defeat terrorism are impor- I asked why we could not send mes- gion. We need our allies to know we tant, our priorities are obvious. Let me sages to the group in North Korea, do a can deploy missile defense systems in be clear, I do understand the need to Radio Free Europe-type message, to the case of combat in their region that defend our country against missile at- get our message out and maybe desta- can give them hope of being protected tack. I believe that all of us here in

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6072 CONGRESSIONAL RECORD — SENATE June 26, 2002 this chamber would do everything in systems at its bases, to enhance its de- troops and to train the soldiers and our power to ensure that U.S. citizens tection capabilities with night vision Marines who will replace them in fu- are protected against vicious attacks devices and thermal imagers, to ture operations. The Navy, whose ships from those who would do us harm, in- strengthen its facilities to minimize have been out on surge deployments cluding those who would launch those the impact of possible explosions, and since the September 11 attacks, needs attacks with missiles. However, I be- to improve security measures at nu- an additional $164 million to maintain lieve that the reductions taken in this clear security storage areas. the fleet so that it can continue to sup- bill to the President’s fiscal year 03 The Navy’s list included an addi- port future operations. budget request for the missile defense tional $263 million for improvements to These are just a few examples of the program are judicious and based on Navy installations. These funds would costs of this war that remain unfunded sound reasoning. I support a missile de- be spent strengthening the gates at because of resource constraints. If sav- fense effort that is sensible, thoroughly various naval stations and shipyards, ings materialize in the mid-session re- tested, and progresses in a rational fencing off installations and airfields view, I believe they are better spent on manner. I believe that the $6.8 billion so that intruders would face some ob- programs that our forces need right included in this bill provides ample stacle before just walking on to mili- now. They need better protection on funding for reasonable missile defense tary property, establishing emergency the installations where they live and efforts. operations centers, and installing bet- work. They need more ammunition, I also believe that there are many ter lighting to deter and improve de- and they need enough fuel to chase ter- immediate threats that we know all tection of possible incursions. rorists down wherever they are hiding. too well. The horror of September 11 is The remaining $110 million would go This budget provides for an adequate seared forever in our minds and shows to fund the Army’s unmet force protec- missile defense. Senator LEVIN’s what these terrorists are capable of. If tion needs, number eight on General amendment ensures that funds are used additional funds become available, I Shinseki’s list of priorities. This in- where they are needed most urgently. believe we have no choice but to direct cludes installing fencing, more robust We know where those needs are, be- them to actions we can take imme- gates and barriers, and improving cause the Nation’s top military leaders diately to help us win the war on ter- lighting for active, guard and reserve have told us. We need these funds to ror. posts. fight the scourge of terrorism. I urge As chairman of the Readiness Sub- There are other key war-related my colleagues to support Senator committee, I am acutely aware of the needs as well. When the Department LEVIN’s amendment. costs incurred by the Department of developed the budget for the coming The PRESIDING OFFICER. The Sen- Defense as we continue to send our fiscal year about 2 years ago, DOD ob- ator from Rhode Island. military men and women around the viously did not know that we would be Mr. REED. Thank you, Mr. Presi- globe to hunt down terrorists. Even be- at war. Therefore, the budget included dent. yond the supplemental appropriations assumptions about fuel prices that I rise to respond to some of the argu- which may be provided this year and were based on normal training and de- ments made today. funds for the war already included in ployments needs, and about where that this bill, the military services still fuel would be purchased. First, my colleague, the Senator have war-related needs that are not The global war effort has changed the from Alabama, at least suggested the being met. When we began consider- reality underlying those assumptions. Levin amendment somehow would cur- ation of the fiscal year 2003 budget, the For example, the Defense Logistics tail additional spending on future com- Chiefs of Staff of the Army and Air Agency, which is responsible for pro- bat systems, on R&D, and on tech- Force, the Chief of Naval Operations, viding fuel to all of the military serv- nology. Frankly, if there is any cur- and the Commandant of the Marine ices, has had to deploy its personnel to tailment, as has been suggested, it is Corps provided us with a prioritized areas in and around Afghanistan to the underlying amendment by Senator list of those needs that remain un- make fuel purchases. Moving fuel to WARNER. It is very clear. He said, if we funded. and from areas that do not have ade- have additional savings from inflation For those who may not have had a quate infrastructure and where there is adjustments, they will go to two cat- chance to review those lists, let me little competition has proven ex- egories of spending: Missile defense, or note just a few examples. Over the last tremely expensive. In its latest esti- counterterrorism. few years, we have suffered repeated mates, the General Accounting Office, The Levin amendment simply says: attacks on U.S. embassies overseas, on which monitors fuel prices, projects Listen, we want to prioritize those ex- the USS Cole, and on Khobar Towers. that DOD will face a fuel-related short- penditures. The President has the right These attacks make clear that terror- fall of $1.5 billion by the end of the to decide, but it should be the law and ists will strike U.S. assets all over the next fiscal year. If these funds are not the view of Congress—that the most world, and that we have been engaged restored, DOD will be forced to reallo- pressing and urgent need of those two in this war for longer than we realized. cate funds from other sources so that is counterterrorism. That is the es- September 11 showed us that we can no the military continues to have ade- sence of the Levin amendment. longer assume we are safe within our quate fuel supplies. This is an imme- There is also a suggestion made that own borders, and that they will try to diate need, made worse by the war, somehow this underlying legislation is attack us here at home as well. We are where any potential savings could eas- oblivious to the missile threats we a trusting nation, and, after the earlier ily be redirected. face. That is not at all correct. attacks, had expected to improve the The Service Chiefs included other Let me go back to the intelligence security of our military installations priorities on their list of unfunded estimates. I suggested—and, in fact, I over time. The atrocities of September needs that also deserve consideration. read—that U.S. territories are more 11 made it clear that time may be a For example, the Air Force needs an likely to be attacked using materials luxury we no longer have. If in fact additional $92 million to purchase pro- from nonmissile delivery means—most these inflation savings are real, one of tective equipment, chemical senors, likely from terrorists—than by mis- the key areas where the money could medical treatment materials, and siles, primarily because nonmissile de- go is for anti-terrorism and force pro- training for the teams that respond to livery means are less costly, easier to tection improvements to our bases and nuclear, chemical, or biological weap- acquire, more reliable, and accurate. installations. ons attacks. Improving security at the I suggest if the national intelligence The Service Chiefs agree—the Army, sites where the Army stores chemical is already telling us the most imme- Navy and Air Force included $863 mil- weapons would cost an additional $103 diate and the most dire threat we face lion for improved security for our in- million. The Marine Corps needs an ad- is a terrorist attack using unconven- stallations in their list of unfunded pri- ditional $39 million for ammunition, tional munitions, that goes a long way orities for fiscal year 2003. The second and the Army’s ammunition shortfalls in suggesting the priorities we should item on the Air Force’s list was $491 total over $500 million more. These bul- adopt in spending the money. million to improve physical security lets would be used to support deployed Let me quote further.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6073 They also can be used without attribution. One of other things I think we have money for homeland defense or any Nevertheless, the missile threat will con- to understand—again, it goes to the particular item that amendments were tinue to grow in part because missiles have point of why we should, if we have to offered on and voted down. It was only become important regional weapons. prioritize, be more sensitive in this after this index became altered and Here we are talking about regional year and the next fiscal year to ter- funds were freed up. The President missiles, which were referred to in the rorism—is that, frankly, our oppo- said: I will accept what the Senate old parlance as theatre missiles or me- nents, much to our dismay, are clever, Democrats offered in the Armed Serv- dium-ranged missiles. cunning, calculating, ruthless people. ices Committee for extra spending. He We are funding and supporting They know where our strengths are. said: The money they took from mis- robustly the development of a missile They do not attack us on our strength. sile defense—that he requested and was defense for the United States. The PAC–3 system—our most ad- They find our weaknesses and our spent on other items that they want- vanced development—is fully funded in vulnerabilities. They will look for ed—I will allow that to go. I suggest we this proposal, both R&D and procure- these vulnerabilities. As a result, they use this extra money so I can complete ment. We propose in fiscal year 2003 to will conduct, I think, unconventional my projections for national missile de- buy 72 of these missiles. The first set of means of attack. They will challenge fense. operational tests is scheduled for this us in a host of different ways. That is where we are today. Hope- year. They will complete the first set What we are simply saying is, if fully, we will be able to work through of operational tests. Soldiers are al- there are additional resources, and if this and be happy with it. But I think ready operating these systems. And it the choice, as suggested by the amend- we will have that inflation index is capable of prompt deployment to ment from the Senator from Virginia is money. I think it will be available. protect U.S. troops from the types of between missile defense and counter- There is strong bipartisan support in regional missile threats that have been terrorism, the obvious answer, I be- this country for developing a national identified by national intelligence as- lieve, is counterterrorism. That is what missile defense program and keeping it sessments. These regional missile the Levin amendment does. That is on track. The House passed their Defense au- threats are different from the long- what the American people, I believe, thorization bill recently. They in- range, intercontinental ballistic mis- will demand. siles that are the sum and substance of I think it is also illustrative that the creased the President’s request for na- the rationale for a national missile de- military professionals, the uniformed tional missile defense by $21 million. fense. officers, the men and women who have The House bill passed by a huge mar- So we are fully cognizant of the mis- sworn their lives to protect this coun- gin, 359 to 58. It is a totally bipartisan sile threat we face, and we are robustly try, have a long list of unfunded needs bill. Liberals, Conservatives, Demo- funding missile defense systems. just to protect the security of DOD in- crats, and Republicans supported it. It Let me also suggest with respect to stallations and to respond to incidents had more in it for national missile de- THAAD—that is another theater mis- of mass destruction caused by some fense than the President is asking for sile defense we are developing—that type of weapon. You could fund those or that Senator WARNER has asked for. this legislation fully funds the testing needs upwards of $1 billion with the I suggest that before we get real pure and development program. First flight extra moneys available. about spending money for a critical na- tests are scheduled for fiscal year 2005. So, again, I rise not only to respond, tional need such as national missile de- That is fully funded at $985 million—al- but to place in perspective the point fense, and developing this program, most $1 billion. that before we adopt this Levin amend- that we ask ourselves what we did a What we don’t support in the pro- ment as a second-degree amendment few weeks ago when the President posal by the administration that they we must look very closely at what the asked for a $28 billion fiscal year 2002 want to buy 10 extra missiles before Senator from Virginia is proposing. emergency supplemental for homeland the first missile is flight-tested. That Simply, he is saying if we have extra defense and the war on terrorism. is not the way you effectively develop money through savings, through infla- Members of the body have increased a system that will protect the people of tion adjustments, then they will apply that supplemental to $32 billion and it the United States. It makes some to two categories—missile defense or has all kind of pork and special inter- sense, I think, to at least have the first counter-terrorism. Of course, our high- est items in it. So I do not know where test flight before you acquire the addi- est priority is everything the Depart- we are going to go on that supple- tional missile. ment of Defense has requested in the mental, but the President is very con- We have increased the resources President’s budget. I think we have to cerned about this additional spending available for the sea-based, mid- make it clear our highest priority and pork that went into that. Those course—formerly, Navy theatre-wide. today and for fiscal year 2003 is coun- are just some comments I wanted to We have added $40 million for the tering the obvious, immediate, dra- make. shipboard radar system, which we be- matic threat of terrorism here at home I believe we are on track to maintain lieve is important if this is ever to and abroad in the context, of course, of the steady development of national work properly. robust and full funding for national missile defense. It is something I sup- We increased the administration’s re- missile defense, and in particular the- port. quest for the Arrow missile, precisely ater missile defense, that precisely re- I point out, with regard to the threat, the type of system that will counter a sponds to the issues raised by the Intel- that threats are not exclusive. In our threat from Iran and from Iraq, be- ligence Estimate of the growing re- Armed Services Committee, which Sen- cause long before those missiles could gional threat from missiles. ator LEVIN chairs so ably, the Director effectively reach the United States, I yield the floor. of CIA, George Tenet, testified that we they would likely be targeted on Israel. The PRESIDING OFFICER. The Sen- don’t have the luxury of choosing be- The Arrow missile system is an Israeli- ator from Alabama. tween threats. He noted that missile United States partnership designed to Mr. SESSIONS. Mr. President, I rise defense threats have sometimes devel- counter some of those threats. We to discuss a few items. The inflation oped more rapidly than the intel- added $40 million. index is an index that is in all of our ligence community has predicted. And, No one would suggest—at least I budgetary projections. We figure out indeed, the Rumsfeld commission, in won’t suggest—that the administration how our budget is going to be. When 1999, unanimously concluded that mis- was oblivious to the real needs of de- that index altered, it did free up some sile programs of some of the rogue na- fense in that region of the world when money previously committed to infla- tions, and some other nations hostile they requested $66 million. But I would tionary cost increases. It left that to the United States, were developing suggest that we were more sensitive, in money available. far faster than had previously been pre- a way, to the regional missile threat. I point out that in our Armed Serv- dicted. So we added $40 million to that. This ices Committee, as we discussed this, Then there is this question about the legislation fully supports and is con- we did not hear, when the budget money that is building up in to the sistent with the threat. passed, that we had to have more counter-terrorism account. There is

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6074 CONGRESSIONAL RECORD — SENATE June 26, 2002 some $10 billion available for missile of a detailed BMD architecture impos- over again we are informed and we be- defense in the year 2003 if the bill is ap- sible at this point. lieve—I think every Member of this proved as is. But I think to do so would After receiving more than $800 mil- body believes—that we are vulnerable really be creative bookkeeping. lion for this program element in fiscal to a terrorist attack. We hear warnings The new budget authority for missile year 2002, the Missile Defense Agency of attacks against our cities, our defense in this bill is $6.8 billion. That has yet to provide Congress any indica- banks, our nuclear powerplants, sport- is $1 billion less than was appropriated tion of what the overall BMD architec- ing events. We hear warnings about last year. And the President proposed a ture might be. In fact, the committee more attacks by aircraft, about car modest reduction this year. There is determined that of the $800 million ap- bombs, about truck bombs, ‘‘dirty’’ another $814.3 million by the com- propriated for this program element in bombs. As a member of the Intelligence mittee. That is a big cut by any stand- 2002, only $50 million—5–0—of the $800 Committee, a member of the Armed ard. million appropriated had been spent Services Committee, I believe there is Senator REED gets his $10 billion fig- halfway through the fiscal year. a good reason to be concerned about ure by mixing apples and oranges or, Because of that slow execution, the these threats. precisely, old fiscal year 2002 funding Missile Defense Agency informed us The likelihood of these threats is far and new fiscal year 2003 funding. All that $400 million of these funds will be greater than the likelihood of being at- funding for the Missile Defense Agency available for expenditure in fiscal year tacked by a missile from North Korea is for research and development. Re- 2003. Under these circumstances, it is when such an attack would lead to the search and development is what we are hard to see why the Department would immediate destruction of North Korea, funding. R&D funding is available for need a $250 million increase in the pro- of the attacker. North Korea can at- obligations for 2 years and for expendi- gram element in 2003. tack us with a truck bomb or a car tures over 5 years. That is the way we So we made a choice. We made a bomb or an envelope full of anthrax, if do it. We do not give money for re- choice to make some careful and well- she chose, with greater accuracy, far search and development and say you justified reductions in missile defense cheaper and with a much lesser possi- have to spend it all this year, ready or requests of $7.6 billion. Our bill pro- bility of our identifying the attacker not. That is by design because R&D vides the Missile Defense Agency as so as to respond with a massive attack projects, by their nature, require some much money as can reasonably be exe- of our own. flexibility in execution and stability in cuted for the Missile Defense Program These are real threats. The war on funding and planning. in the year 2003 and would ensure that terrorism is here and now. We have not If Senators disagree with that, we this money is expended in a sound adequately funded the war on ter- can take away that extended avail- manner. rorism. With all the funds we have put ability of funds. But most Senators, I The Senator from Virginia has as- in here, there are additional places suspect, would say that the flexibility sured this body that the midyear re- that we can usefully spend money in in execution and stability in funding view will make sufficient funds avail- the war against terrorism. and planning is a good thing. I think able to cover added spending which To give some specific examples of that is the way we need to continue to would be authorized by his amendment. where the Department of Defense has proceed. We assume that would be the case, identified areas where it needs addi- I yield the floor. based on what he has been told and tional funds which could be funded by The PRESIDING OFFICER. The Sen- based on his statement to this body. this $800 million—these are what we ator from Michigan. The underlying amendment of Sen- call the ‘‘unfunded priorities list’’; in Mr. LEVIN. Mr. President, the ator WARNER provides that the addi- other words, where there is a priority Armed Services Committee conducted tional $800 million, approximately, of the Department of Defense that they an exhaustive examination of the pro- would be spent as the President deter- have identified but we have not been posed missile defense budget request. mines in one of two ways—and they are able to find the funds to put into these We held two strategic subcommittee very specific—one, research, develop- priorities so they have given us the un- hearings on missile defense under Sen- ment, test, and evaluation for ballistic funded priorities list—$491 million for ator REED’s leadership. We reviewed 400 missile defense programs, or, two, ac- improved security at Air Force facili- pages of missile defense budget docu- tivities of the Department of Defense ties, including the security of nuclear mentation, participated in more than for combating terrorism at home and weapons areas; $92 million to help pre- 25 hours of staff briefings by the De- abroad. Those are the two specific pro- pare our first responders to help ad- partment of Defense. Based on that ex- grams on which the President could dress weapons of mass destruction. haustive review, the committee rec- spend this authorized additional money These are just two of the items which ommended funding the vast majority of under the underlying Warner amend- total about $1 billion in what are the the Department’s missile defense re- ment. unfunded priorities list of the Depart- quest, an amount that is sufficient to Under my second-degree amendment, ment of Defense. aggressively fund all the specific sys- we simply state our view that the high- We should be making a choice, at tems that the Department wants to de- est priority at this time is the war least expressing a preference and a velop. against terrorism. The amendment judgment as to where the highest pri- At the same time, the committee states that, in the expenditure of addi- orities are. That is our responsibility. identified roughly $810 million of the tional funds made available by a lower We serve on these committees. We lis- missile defense request—about 11 per- rate of inflation, the top priority shall ten to testimony. We should make a cent—that the Department did not jus- be the use of such additional funds for judgment. If $891 million is available tify, after a detailed review of avail- combating terrorism at home and for additional spending, which we hope able documentation and repeated hear- abroad. it will be, then the question is, What is ings and briefings. Our second-degree amendment does the greatest need at this time? For example, the budget request in- not preclude the President from spend- We express that need in the second- cluded $1.1 billion in the ballistic mis- ing some or all of the money for mis- degree amendment. We say the war on sile defense program element, an in- sile defense. It does not preclude him terrorism; of those two identified, spec- crease of $258 million over the current from spending that additional money ified items in this underlying amend- funding level. The major purpose of on missile defense, if the President de- ment, the war on terrorism is the high- this program element is to develop in- termines that the additional money on est priority this country faces. And we tegrated architecture ballistic missile missile defense is more necessary, have unmet needs in meeting this pri- defense systems. more vital than combating terrorism ority. While this is an important goal, most at home and abroad. The President can make a different of the systems that will comprise the I believe we should put the money choice. We do not preclude that. I em- ballistic missile defense architecture into the fight against terrorism be- phasize that. are years away from being deployed, cause we have no higher priority than The President, if he determines it is making the development and definition the war against terrorism. Over and more essential to spend even more

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6075 money on missile defense than we pro- additional funding for the development (Purpose: To authorize, with an offset, vide, more than the almost $7 billion of solar cell technology for the mili- $2,000,000 for research, development, test, we provide, if the President determines tary, and I believe it has been cleared and evaluation for the Navy for the Marine that spending additional funds on mis- on both sides. Corps Advanced Technology Demonstra- tion (ATD) (PE0603640M) for analysis of sile defense is a higher priority than The PRESIDING OFFICER. The emerging threats) the war on terrorism, we do not pre- clerk will report the amendment. At the end of subtitle B of title II, add the clude him from doing so. But we ex- The assistant legislative clerk read following: press our perspective and our point of as follows: SEC. 214. ANALYSIS OF EMERGING THREATS. view that the war on terrorism is the (a) INCREASE IN AUTHORIZATION OF APPRO- The Senator from Michigan [Mr. LEVIN] highest priority. PRIATIONS.—The amount authorized to be ap- proposes an amendment numbered 4087. Should we address all threats that propriated by section 201(2) for research, de- face us? Of course, we should address Mr. LEVIN. Mr. President, I ask velopment, test, and evaluation for the Navy all threats that face us. And we do. But unanimous consent that the reading of is hereby increased by $2,000,000 with the we have to allocate resources. We the amendment be dispensed with. amount of the increase to be allocated to Marine Corps Advanced Technology Dem- should allocate resources against the The PRESIDING OFFICER. Without onstration (ATD) (PE0603640M). greatest threats that we face. Those objection, it is so ordered. (b) AVAILABILITY.—(1) Of the amount au- greatest threats are the terrorist The amendment is as follows: thorized to be appropriated by section 201(2) for research, development, test, and evalua- threats. We have had so much evidence (Purpose: To increase the amount provided tion for the Navy, as increased by subsection of this that we have all reached that for RDT&E, Air Force, for silicone sub- (a), $2,000,000 may be available for analysis of basic conclusion. I hope we express strates for flexible solar cells (PE 62601F), emerging threats. that perspective by adopting the sec- and to offset the increase by reducing the (2) The amount available under paragraph amount provided for RDT&E, Army, for ond-degree amendment which has been (1) for analysis of emerging threats is in ad- countermobility systems (PE 62624A)) offered. dition to any other amounts available under I yield the floor and suggest the ab- On page 23, line 24, increase the amount by this Act for analysis of emerging threats. sence of a quorum. $2,000,000. (c) OFFSET.—The amount authorized to be The PRESIDING OFFICER. The On page 23, line 22, reduce the amount by appropriated by section 201(1) for research, clerk will call the roll. $2,000,000. development, test, and evaluation for the Army is hereby reduced by $2,000,000, with The legislative clerk proceeded to Mr. LEVIN. Mr. President, this call the roll. the amount of the reduction allocated as fol- amendment authorizes an additional $2 lows: The PRESIDING OFFICER (Mr. CAR- million for Air Force applied research (1) $1,000,000 may be allocated to Weapons PER). The Senator from Michigan. to develop new substrate materials for and Munitions Technology (PE0602624A) and Mr. LEVIN. Mr. President, while Sen- solar cells. The Air Force Space Power available for countermobility systems. ator SESSIONS is still here as coman- Generation program is working on (2) $1,000,000 may be allocated to ager of the bill, I ask unanimous con- novel high-temperature materials in Warfighter Advanced Technology sent, in the event Senator BILL NEL- (PE0603001A) and available for Objective order to develop advanced flexible thin SON, who I believe is working with Sen- Force Warrior technologies. film solar cells for military applica- ator SMITH and Senator ROBERTS on an The PRESIDING OFFICER. The Sen- tions. New materials will enable light- amendment which we support, gets to ator from Colorado. er, cheaper, and more efficient solar ar- the floor before we dispose of the War- Mr. ALLARD. Mr. President, I urge rays that are critical to achieving Air ner amendment and the second-degree that the Senate adopt this amendment. Force technology performance goals. I amendment, that we set aside the War- The PRESIDING OFFICER. Is there urge my colleagues to support this ner amendment temporarily to allow further debate? Without objection, the amendment. them to offer their amendment. I ask amendment is agreed to. unanimous consent that we do that, The PRESIDING OFFICER. Without The amendment (No. 4088) was agreed while my comanager is on the floor. objection, the amendment is agreed to. to. The PRESIDING OFFICER. Without The amendment (No. 4087) was agreed Mr. ALLARD. Mr. President, I move objection, it is so ordered. to. to reconsider the vote. Mr. LEVIN. I suggest the absence of Mr. LEVIN. Mr. President, I move to Mr. LEVIN. I move to lay that mo- a quorum. reconsider the vote. tion on the table. The motion to lay on the table was The PRESIDING OFFICER. The Mr. ALLARD. I move to lay that mo- agreed to. clerk will call the roll. tion on the table. AMENDMENT NO. 4089 The legislative clerk proceeded to The motion to lay on the table was Mr. LEVIN. Mr. President, on behalf call the roll. agreed to. Mr. LEVIN. Mr. President, I ask of Senator KENNEDY and seven other unanimous consent that the order for AMENDMENT NO. 4088 Senators, I send an amendment to the the quorum call be rescinded. Mr. ALLARD. Mr. President, on be- desk which concerns the Department of The PRESIDING OFFICER. Without half of Senator WARNER, I offer an Defense Medical Free Electron Laser objection, it is so ordered. amendment that authorizes $2 million Program. Mr. LEVIN. Mr. President, we have a for the analysis of emerging threats at The PRESIDING OFFICER. The number of cleared amendments which the Marine Corps Warfighting Labora- clerk will report the amendment. Senator ALLARD and I can now offer tory. I believe this amendment has The assistant legislative clerk read and hopefully dispose of. We under- been cleared on both sides. as follows: stand Senator NELSON and Senator Mr. LEVIN. It has been cleared. We The Senator from Michigan [Mr. LEVIN], ROBERTS are on their way to offer an have no objection. for Mr. KENNEDY, for himself, Mr. HELMS, Mr. EDWARDS, Mr. FRIST, Mr. THOMPSON, Mr. amendment which previously by unani- The PRESIDING OFFICER. The mous consent we have agreed they KERRY, Mrs. BOXER, and Mrs. FEINSTEIN, pro- clerk will report the amendment. poses an amendment numbered 4089. could offer, and I also believe has been The assistant legislative clerk read cleared on both sides. So perhaps we Mr. LEVIN. Mr. President, I ask as follows: can start down the road I described to unanimous consent that the reading of offer some cleared amendments, get The Senator from Colorado [Mr. ALLARD], the amendment be dispensed with. The PRESIDING OFFICER. Without those adopted but then perhaps inter- for Mr. WARNER, proposes an amendment numbered 4088. objection, it is so ordered. rupt if Senator NELSON and Senator The amendment is as follows: ROBERTS come to the floor. Mr. ALLARD. Mr. President, I ask Mr. ALLARD. Mr. President, that is unanimous consent that the reading of (Purpose: To prohibit the transfer of the the amendment be dispensed with. Medical Free Electron Laser program agreeable with me. (PE0602227D8Z) from the Department of De- AMENDMENT NO. 4087 The PRESIDING OFFICER. Without fense) Mr. LEVIN. Mr. President, I send to objection, it is so ordered. At the end of subtitle B of title II, add the the desk an amendment which provides The amendment is as follows: following:

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6076 CONGRESSIONAL RECORD — SENATE June 26, 2002 SEC. 214. PROHIBITION ON TRANSFER OF MED- amendment which would authorize the right, title, and interest in and to such lands ICAL FREE ELECTRON LASER PRO- Secretary of the Army to convey prop- not held by the United States. GRAM. erty at the engineering proving ground, (4) The Secretary shall deposit any cash re- Notwithstanding any other provision of ceived as consideration under this subsection law the Medical Free Electron Laser Pro- Fort Belvoir, VA. in the special account established pursuant gram (PE0602227D8Z) may not be transferred The PRESIDING OFFICER. The to section 204(h) of the Federal Property and from the Department of Defense to the Na- clerk will report the amendment. Administrative Services Act of 1949 (40 tional Institutes of Health, or to any other The assistant legislative clerk read U.S.C. 485(h)). department or agency of the Federal Govern- as follows: (d) REPEAL OF SUPERSEDED AUTHORITY.— ment. The Senator from Colorado [Mr. ALLARD], Section 2821 of the Military Construction Mr. KENNEDY. I am proposing this for Mr. WARNER, proposes an amendment Authorization Act for Fiscal Years 1990 and amendment, along with Senators numbered 4090. 1991 (division B of Public Law 101–189; 103 KERRY, HELMS, THOMPSON, EDWARDS, Stat. 1658), as amended by section 2854 of the Mr. ALLARD. Mr. President, I ask Military Construction Authorization Act for FRIST, BOXER and FEINSTEIN, which unanimous consent that the reading of Fiscal Year 1996 (division B of Public Law will retain the Medical Free Electron the amendment be dispensed with. 104–106; 110 Stat. 568), is repealed. Laser Program, (MFEL); in the Depart- The PRESIDING OFFICER. Without (e) DESCRIPTION OF PROPERTY.—The exact ment of Defense. This program was ini- objection, it is so ordered. acreage and legal description of the real tiated in 1985 and the benefit to mili- The amendment is as follows: property to be conveyed under subsections tary personnel and all Americans was (Purpose: To authorize land conveyances at (a) and (b) shall be determined by surveys realized immediately. This successful the Engineer Proving Ground, Fort satisfactory to the Secretary. The cost of and visionary program has benefited Belvoir, Virginia) each such survey shall be borne by the grant- ee. the military in many ways. For exam- At the end of subtitle C of title XXVIII, (f) ADDITIONAL TERMS AND CONDITIONS.— ple, new and innovative methods devel- add the following: The Secretary may require such additional oped in the MFEL program to diagnose SEC. 2829. LAND CONVEYANCES, ENGINEER terms and conditions in connection with the and treat burns, the number one com- PROVING GROUND, FORT BELVOIR, conveyances under subsections (a) and (b) as bat casualty injury, are now in prac- VIRGINIA. the Secretary considers appropriate to pro- (a) CONVEYANCE TO FAIRFAX COUNTY, VIR- tect the interests of the United States. tical application. Current research in- GINIA, AUTHORIZED.—(1) The Secretary of the volving tissue-welding and tissue-bond- Army may convey, without consideration, to The PRESIDING OFFICER. Is there ing is going to be of great value for Fairfax County, Virginia, all right, title, and further discussion on the amendment? treating battlefield injuries by allow- interest of the United States in and to a par- Mr. ALLARD. The amendment is ing for the immediate repair of soft tis- cel of real property, including any improve- cleared on this side. sue and vascular wounds. ments thereon, consisting of approximately Mr. LEVIN. The amendment has been This technology also has some spe- 135 acres, located in the northwest portion of cleared. cial applications, such as for pilots the Engineer Proving Ground (EPG) at Fort The PRESIDING OFFICER. Without Belvoir, Virginia, in order to permit the with ocular injuries. Of particular in- objection, the amendment is agreed to. County to use such property for park and The amendment (No. 4090) was agreed terest to me, however, is its potential recreational purposes. to help diagnose and deactivate other (2) The parcel of real property authorized to. types of biological contamination and to be conveyed by paragraph (1) is generally Mr. ALLARD. Mr. President, I move injury. This research has yielded very described as that portion of the Engineer to reconsider the vote. promising results. Proving Ground located west of Accotink Mr. LEVIN. I move to lay that mo- The Office of Management and Budg- Creek, east of the Fairfax County Parkway, tion on the table. et is attempting to move the program and north of Cissna Road to the northern The motion to lay on the table was boundary, but excludes a parcel of land con- agreed to. from the Department of Defense to the sisting of approximately 15 acres located in National Institutes of Health. Moving AMENDMENT NO. 4091 the southeast corner of such portion of the Mr. LEVIN. Mr. President, on behalf the program from DoD would be detri- Engineer Proving Ground. mental to the MFEL program and (3) The land excluded under paragraph (2) of Senator INOUYE, I offer an amend- would jeopardize many promising re- from the parcel of real property authorized ment which would increase the grade of search and development efforts. A pro- to be conveyed by paragraph (1) shall be re- the heads of the Nurse Corps of each of posed transfer of the MFEL program to served for an access road to be constructed the services to major general or rear the NIH is ill-advised since so much of in the future. admiral, upper half. (b) CONVEYANCE OF BALANCE OF PROPERTY the work centers around combat injury The PRESIDING OFFICER. The AUTHORIZED.—The Secretary may convey to and specifically targets biological in- clerk will report the amendment. any competitively selected grantee all right, The assistant legislative clerk read jury. The program has a track record title, and interest of the United States in of success, and moving it would dis- and to the real property, including any im- as follows: rupt, delay and possibly impede this provements thereon, at the Engineering The Senator from Michigan [Mr. LEVIN], crucial research. The Department of Proving Ground, not conveyed under the au- for Mr. INOUYE, proposes an amendment numbered 4091. Defense is without question the best thority in subsection (a). place for the MFEL program. (c) CONSIDERATION.—(1) As consideration Mr. LEVIN. Mr. President, I ask for the conveyance authorized by subsection Congressional intent is clear on this unanimous consent that the reading of (b), the grantee shall provide the United the amendment be dispensed with. subject. This peer-reviewed, competi- States, whether by cash payment, in-kind tive MFEL program must remain in The PRESIDING OFFICER. Without contribution, or a combination thereof, an objection, it is so ordered. DoD, where it was originally included amount that is not less than the fair market The amendment is as follows: and funded. value, as determined by the Secretary, of the I am pleased to offer this amend- property conveyed under that subsection. (Purpose: To amend title 10, United States ment, along with my colleagues, on be- (2) In-kind consideration under paragraph Code, to increase the grade provided for (1) may include the maintenance, improve- the heads of the nurse corps of the Armed half of this most worthy program. Forces) The PRESIDING OFFICER. Without ment, alteration, repair, remodeling, res- toration (including environmental restora- On page 100, between lines 3 and 4, insert objection, the amendment is agreed to. tion), or construction of facilities for the De- the following: The amendment (No. 4089) was agreed partment of the Army at Fort Belvoir or at SEC. 503. INCREASED GRADE FOR HEADS OF to. any other site or sites designated by the Sec- NURSE CORPS. Mr. LEVIN. Mr. President, I move to retary. (a) ARMY.—Section 3069(b) of title 10, reconsider the vote. (3) If in-kind consideration under para- United States Code, is amended by striking Mr. ALLARD. I move to lay that mo- graph (1) includes the construction of facili- ‘‘brigadier general’’ in the second sentence tion on the table. ties, the grantee shall also convey to the and inserting ‘‘major general’’. The motion to lay on the table was United States— (b) NAVY.—The first sentence of section agreed to. (A) title to such facilities, free of all liens 5150(c) of such title is amended— and other encumbrances; and (1) by inserting ‘‘rear admiral (upper half) AMENDMENT NO. 4090 (B) if the United States does not have fee in the case of an officer in the Nurse Corps Mr. ALLARD. Mr. President, on be- simple title to the land underlying such fa- or’’ after ‘‘for promotion to the grade of’’; half of Senator WARNER, I offer an cilities, convey to the United States all and

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6077 (2) by inserting ‘‘in the case of an officer in The amendment is as follows: (Purpose: To provide for the amount for the the Medical Service Corps’’ after ‘‘rear admi- demonstration or renewable energy use of (Purpose: To prescribe the composition and ral (lower half)’’. the Navy to be available within the Navy leadership of the Veterinary Corps of the (c) AIR FORCE.—Section 8069(b) of such title energy program (PE 0604710N) and not Army) is amended by striking ‘‘brigadier general’’ within Navy facilities improvement (PE in the second sentence and inserting ‘‘major On page 200, between lines 14 and 15, insert 0603725N)) the following: general’’. On page 26, after line 22, and insert the fol- Mr. INOUYE. Mr. President, today I SEC. 905. VETERINARY CORPS OF THE ARMY. lowing: propose a timely and important amend- (a) COMPOSITION AND ADMINISTRATION.—(1) SEC. 214. DEMONSTRATION OF RENEWABLE EN- ment to increase the grade for the Chapter 307 of title 10, United States Code, is ERGY USE. Chief Nurses of the Army, the Navy, amended by inserting after section 3070 the Of the amount authorized to be appro- and the Air Force to that of two stars. following new section 3071: priated by section 201(2), $2,500,000 shall be The existing law limits the position of ‘‘§ 3071. Veterinary Corps: composition; Chief available for the demonstration of renewable and assistant chief; appointment; grade energy use program within the program ele- Chief Nurse of the three branches of ment for the Navy energy program and not ‘‘(a) COMPOSITION.—The Veterinary Corps the military to that of brigadier gen- within the program element for facilities im- consists of the Chief and assistant chief of eral in the Army and Air Force, and provement. rear admiral, lower half, in the Navy. that corps and other officers in grades pre- scribed by the Secretary of the Army. Mr. LEVIN. I believe the amendment Chief Nurses have a tremendous re- ‘‘(b) CHIEF.—The Secretary of the Army has been cleared. sponsibility—their scope of duties in- shall appoint the Chief from the officers of The PRESIDING OFFICER. Without clude peacetime and wartime health the Regular Army in that corps whose reg- objection, the amendment is agreed to. care delivery, plus establishing stand- ular grade is above lieutenant colonel and The amendment (No. 4093) was agreed ards and policy for all nursing per- who are recommended by the Surgeon Gen- to. sonnel within their respective eral. An appointee who holds a lower regular Mr. LEVIN. I move to reconsider the branches. They are responsible for grade may be appointed in the regular grade of brigadier general. The Chief serves during vote. thousands of Army, Navy, and Air Mr. ALLARD. I move to lay that mo- Force officers and enlisted nursing per- the pleasure of the Secretary, but not for more than four years, and may not be re- tion on the table. sonnel in the active, reserve, and guard appointed to the same position. The motion to lay on the table was components of the military. The mili- ‘‘(c) ASSISTANT CHIEF.—The Surgeon Gen- agreed to. tary medical mission could not be car- eral shall appoint the assistant chief from AMENDMENT NO. 4094 ried out without nursing personnel. the officers of the Regular Army in that Mr. ALLARD. Mr. President, on be- They are crucial to the mission in war corps whose regular grade is above lieuten- half of Senator COLLINS, I offer an and peace time, at home and abroad. ant colonel. The assistant chief serves during Organizations are best served when the pleasure of the Surgeon General, but not amendment which would extend the the leadership is composed of a mix of for more than four years and may not be re- authority for the Navy to enter into specialties—of equal rank—who bring appointed to the same position.’’. multiyear contracts for DDG–51 de- their unique perspectives to the table (2) The table of sections at the beginning of stroyers by 2 years until fiscal year such chapter is amended by inserting after 2007. when policies are established and deci- the item relating to section 3070 the fol- sions are made. This increased rank The PRESIDING OFFICER. The lowing new item: clerk will report the amendment. would guarantee that the nursing per- ‘‘3071. Veterinary Corps: composition; Chief spective is represented on critical The assistant legislative clerk read and assistant chief; appoint- as follows: issues that affect the military medical ment; grade.’’. mission, patient care, and nursing The Senator from Colorado [Mr. ALLARD], (b) EFFECTIVE DATE.—Section 3071 of title practice. I believe it is time to ensure for Ms. COLLINS, proposes an amendment 10, United States Code, as added by sub- numbered 4094. that the military health care system section (a), shall take effect on October 1, fully recognize and utilize the leader- 2002. Mr. ALLARD. I ask unanimous con- ship ability of these outstanding pa- sent reading of the amendment be dis- The PRESIDING OFFICER. Without pensed with. tient care professionals. objection, the amendment is agreed to. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without The amendment (No. 4092) was agreed objection, it is so ordered. further discussion on the amendment? to. Mr. ALLARD. Mr. President, it has The amendment is as follows: Mr. ALLARD. Mr. President, I move been cleared on this side. (Purpose To extend multiyear procurement The PRESIDING OFFICER. Without to reconsider the vote. authority for DDG–51 class destroyers) objection, the amendment is agreed to. Mr. LEVIN. I move to lay that mo- On page 17, strike line 14 and insert the fol- The amendment (No. 4091) was agreed tion on the table. lowing: to. The motion to lay on the table was SEC. 121. EXTENSION OF MULTIYEAR PROCURE- Mr. LEVIN. Mr. President, I move to agreed to. MENT AUTHORITY FOR DDG–51 CLASS DESTROYERS. reconsider the vote. AMENDMENT NO. 4093 Mr. ALLARD. I move to lay that mo- Section 112(b) of the National Defense Au- Mr. LEVIN. Mr. President, on behalf thorization Act for Fiscal Year 1997 (Public tion on the table. of Senator AKAKA, I offer an amend- The motion to lay on the table was Law 104–201; 110 Stat. 2446), as amended by ment which I send to the desk to shift section 122 of Public Law 106–65 (113 Stat. agreed to. $2.5 million to the demonstration of re- 534) and section 122(a) of the Floyd D. Spence AMENDMENT NO. 4092 newable energy use from the facilities National Defense Authorization act for Fis- Mr. ALLARD. Mr. President, on be- improvement line to the Navy energy cal Year 2001 (as enacted into law by Public half of myself and Senator REID, I offer program line within the Navy R&D ac- Law 106–398; 114 Stat. 1654A–24), is further amended by striking ‘‘October 1, 2005’’ in the an amendment that would require that count. the chief of the Army Veterinary Corps first sentence and inserting ‘‘October 1, The PRESIDING OFFICER. The 2007’’. be appointed as a brigadier general. clerk will report the amendment. The PRESIDING OFFICER. The Mr. ALLARD. The amendment has The assistant legislative clerk read clerk will report the amendment. been cleared. The assistant legislative clerk read as follows: The PRESIDING OFFICER. Without as follows: The Senator from Michigan [Mr. LEVIN], objection the amendment is agreed to. for Mr. AKAKA, proposes an amendment num- The Senator from Colorado [Mr. ALLARD], The amendment (No. 4094) was agreed bered 4093. for himself and Mr. REID, proposes an amend- to. ment numbered 4092. Mr. LEVIN. I ask unanimous consent Mr. ALLARD. I move to reconsider Mr. ALLARD. Mr. President, I ask reading of the amendment be dispensed the vote. unanimous consent that the reading of with. Mr. LEVIN. I move to lay that mo- the amendment be dispensed with. The PRESIDING OFFICER. Without tion on the table. The PRESIDING OFFICER. Without objection, it is so ordered. The motion to lay on the table was objection, it is so ordered. The amendment is as follows: agreed to.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6078 CONGRESSIONAL RECORD — SENATE June 26, 2002 AMENDMENT NO. 4095 Mr. LEVIN. I move to reconsider the SEC. 513. REPEAL OF PROHIBITION ON USE OF Mr. LEVIN. On behalf of Senator vote. AIR FORCE RESERVE AGR PER- SONNEL FOR AIR FORCE BASE SECU- LANDRIEU and Senator ROBERTS, I offer Mr. ALLARD. I move to lay that mo- RITY FUNCTIONS. an amendment concerning the Defense tion on the table. (a) REPEAL.—Section 12551 of title 10, Experimental Program to Stimulate The motion to lay on the table was United States Code, is repealed. Competitive Research. I send the agreed to. (b) CLERICAL AMENDMENT.—The table of amendment to the desk. AMENDMENT NO. 4096 sections at the beginning of chapter 1215 of The PRESIDING OFFICER. The Mr. ALLARD. Mr. President, on be- such title is amended by striking the item clerk will report the amendment. half of Senator INHOFE and Senator relating to section 12551. The assistant legislative clerk read AKAKA, I offer an amendment which Mr. ALLARD. The amendment has as follows: would increase the maximum amount been cleared on this side. The PRESIDING OFFICER. Without The Senator from Michigan [Mr. LEVIN], of assistance the Secretary of Defense for Ms. LANDRIEU and Mr. ROBERTS, proposes objection the amendment is agreed to. may provide to a tribal organization to The amendment (No. 4097) was agreed an amendment numbered 4095. carry out a procurement and technical Mr. LEVIN. I ask unanimous consent to. assistance program. I believe this Mr. LEVIN. I move to reconsider the reading of the amendment be dispensed amendment has been cleared on both with. vote. sides. Mr. ALLARD. I move to lay that mo- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. tion on the table. The amendment is as follows: clerk will report the amendment. The motion to lay on the table was The assistant legislative clerk read agreed to. (Purpose: To authorize additional activities as follows: for the Defense Experimental Program to AMENDMENT NO. 4098 Stimulate Competitive Research, and to The Senator from Colorado [Mr. ALLARD], Mr. ALLARD. On behalf of Senators for Mr. INHOFE and Mr. AKAKA, proposes an require an assessment of the program) HELMS and CLELAND, I offer an amend- amendment numbered 4096. On page 71, between lines 9 and 10, insert ment that would require the Secretary the following: Mr. ALLARD. I ask unanimous con- of Defense to establish a policy and a SEC. 246. ACTIVITIES AND ASSESSMENT OF THE sent reading of the amendment be dis- risk mitigation plan for testing and DEFENSE EXPERIMENTAL PROGRAM pensed with. certification requirements for tele- TO STIMULATE COMPETITIVE RE- The PRESIDING OFFICER. Without communications switches connected to SEARCH. objection, it is so ordered. (a) AUTHORIZED ACTIVITIES.—Subsection (c) The amendment is as follows: the Defense Switch Network. I believe of section 257 of the National Defense Au- (Purpose: To increase the maximum amount this amendment has been cleared. thorization Act for Fiscal Year 1995 (Public of assistance that the Secretary of Defense The PRESIDING OFFICER. The Law 103–337; 10 U.S.C. 2358 note), is amend- clerk will report the amendment. ed— may provide to a tribal organization or economic enterprise to carry out a pro- The assistant legislative clerk read (1) in paragraph (1), by striking ‘‘research as follows: grants’’ and inserting ‘‘grants for research curement technical assistance program in The Senator from Colorado [Mr. ALLARD], and instrumentation to support such re- two or more Bureau of Indian Affairs serv- ice areas) for Mr. HELMS and Mr. CLELAND, proposes an search’’; and amendment numbered 4098. (2) by adding at the end the following new On page 194, between lines 13 and 14, insert paragraph: the following: Mr. ALLARD. I ask unanimous con- ‘‘(3) Any other activities that are deter- SEC. 828. INCREASED MAXIMUM AMOUNT OF AS- sent reading of the amendment be dis- SISTANCE FOR TRIBAL ORGANIZA- mined necessary to further the achievement pensed with. TIONS OR ECONOMIC ENTERPRISES The PRESIDING OFFICER. Without of the objectives of the program.’’. CARRYING OUT PROCUREMENT (b) COORDINATION.—Subsection (e) of such TECHNICAL ASSISTANCE PROGRAMS objection, it is so ordered. section is amended by adding at the end the IN TWO OR MORE SERVICE AREAS. The amendment is as follows: following: Section 2414(a)(4) of title 10, United States (Purpose: To require the Secretary of De- ‘‘(4) The Secretary shall contract with the Code, is amended by striking ‘‘$300,000’’ and fense to establish clear and uniform policy National Research Council to assess the ef- inserting ‘‘$600,000’’. and procedures regarding the installation fectiveness of the Defense Experimental Pro- Mr. LEVIN. The amendment has been and connection of telecom switches to the gram to Stimulate Competitive Research in Defense Switch Network) achieving the program objectives set forth in cleared. On page 90, between lines 19 and 20, insert subsection (b). The assessment provided to The PRESIDING OFFICER. Without the following: the Secretary shall include the following: objection the amendment is agreed to. The amendment (No. 4096) was agreed SEC. 346. INSTALLATION AND CONNECTION POL- ‘‘(A) An assessment of the eligibility re- ICY AND PROCEDURES REGARDING quirements of the program and the relation- to. DEFENSE SWITCH NETWORK. ship of such requirements to the overall re- Mr. ALLARD. I move to reconsider (a) ESTABLISHMENT OF POLICY AND PROCE- search base in the States, the stability of re- the vote. DURES.—Not later than 180 days after the search initiatives in the States, and the Mr. LEVIN. I move to lay that mo- date of the enactment of this Act, the Sec- achievement of the program objectives, to- tion on the table. retary of Defense shall establish clear and gether with any recommendations for modi- The motion to lay on the table was uniform policy and procedures, applicable to fication of the eligibility requirements. agreed to. the military departments and Defense Agen- ‘‘(B) An assessment of the program struc- AMENDMENT NO. 4097 cies, regarding the installation and connec- ture and the effects of that structure on the Mr. LEVIN. Mr. President, on behalf tion of telecom switches to the Defense development of a variety of research activi- of Senators CLELAND and THURMOND, I Switch Network. ties in the States and the personnel available send an amendment to the desk which (b) ELEMENTS OF POLICY AND PROCE- DURES.—The policy and procedures shall ad- to carry out such activities, together with will repeal a prohibition on the use of any recommendations for modification of dress at a minimum the following: program structure, funding levels, and fund- Air Force Reserve AGR personnel for (1) Clear interoperability and compat- ing strategy. Air Force base security functions. ibility requirements for procuring, certi- ‘‘(C) An assessment of the past and ongoing The PRESIDING OFFICER. The fying, installing, and connecting telecom activities of the State planning committees clerk will report the amendment. switches to the Defense Switch Network. in supporting the achievement of the pro- The assistant legislative clerk read (2) Current, complete, and enforceable test- gram objectives. as follows: ing, validation, and certification procedures ‘‘(D) An assessment of the effects of the The Senator from Michigan [Mr. LEVIN], needed to ensure the interoperability and various eligibility requirements of the var- for Mr. CLELAND and Mr. THURMOND, pro- compatibility requirements are satisfied. ious Federal programs to stimulate competi- poses an amendment numbered 4097. (c) EXCEPTIONS.—(1) The Secretary of De- tive research on the ability of States to de- Mr. LEVIN. I ask unanimous consent fense may specify certain circumstances in velop niche research areas of expertise, ex- reading of the amendment be dispensed which— ploit opportunities for developing inter- (A) the requirements for testing, valida- with. tion, and certification of telecom switches disciplinary research initiatives, and achieve The PRESIDING OFFICER. Without program objectives.’’. may be waived; or objection, it is so ordered. (B) interim authority for the installation Mr. ALLARD. It has been cleared on The amendment is as follows: and connection of telecom switches to the this side. (Purpose: To repeal a prohibition on use of Defense Switch Network may be granted. The PRESIDING OFFICER. Without Air Force Reserve AGR personnel for Air (2) Only the Assistant Secretary of Defense objection the amendment is agreed to. Force base security functions) for Command, Control, Communications, and The amendment (No. 4095) was agreed On page 101, between the matter following Intelligence, after consultation with the to. line 14 and line 15, insert the following: Chairman of the Joint Chiefs of Staff, may

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6079 approve a waiver or grant of interim author- submittal to the Department of Veterans Af- The amendment is as follows: ity under paragraph (1). fairs of all medical records and information (Purpose: To require an engineering study (d) INVENTORY OF DEFENSE SWITCH NET- of the Department of Defense on the Ship- and environmental analysis of road modi- WORK.—The Secretary of Defense shall pre- board Hazard and Defense (SHAD) project of fications to address the closure of roads in pare and maintain an inventory of all the Navy that are relevant to the provision the vicinity of Fort Belvoir, Virginia, for telecom switches that, as of the date on of benefits by the Secretary of Veterans Af- force protection purposes) which the Secretary issues the policy and fairs to members of the Armed Forces who At the end of subtitle D of title III, add the procedures— participated in that project. following: (1) are installed or connected to the De- (b) PLAN REQUIREMENTS.—(1) The records fense Switch Network; but and information covered by the plan under SEC. 346. ENGINEERING STUDY AND ENVIRON- subsection (a) shall be the records and infor- MENTAL ANALYSIS OF ROAD MODI- (2) have not been tested, validated, and cer- FICATIONS IN VICINITY OF FORT tified by the Defense Information Systems mation necessary to permit the identifica- BELVOIR, VIRGINIA. Agency (Joint Interoperability Test Center). tion of members of the Armed Forces who (a) STUDY AND ANALYSIS.—(1) The Sec- (e) INTEROPERABILITY RISKS.—(1) The Sec- were or may have been exposed to chemical retary of the Army shall conduct a prelimi- retary of Defense shall, on an ongoing or biological agents as a result of the Ship- nary engineering study and environmental basis— board Hazard and Defense project. analysis to evaluate the feasibility of estab- (A) identify and assess the interoperability (2) The plan shall provide for completion of lishing a connector road between Richmond risks that are associated with the installa- all activities contemplated by the plan not Highway (United States Route 1) and Tele- tion or connection of uncertified switches to later than one year after the date of the en- graph Road in order to provide an alter- the Defense Switch Network and the mainte- actment of this Act. native to Beulah Road (State Route 613) and nance of such switches on the Defense (c) REPORTS ON IMPLEMENTATION.—(1) Not Woodlawn Road (State Route 618) at Fort Switch Network; and later than 90 days after the date of the enact- Belvoir, Virginia, which were closed as a (B) develop and implement a plan to elimi- ment of this Act, and every 90 days there- force protection measure. nate or mitigate such risks as identified. after until completion of all activities con- (2) It is the sense of Congress that the (2) The Secretary shall initiate action templated by the plan under subsection (a), study and analysis should consider as one al- under paragraph (1) upon completing the ini- the Secretary of Defense shall submit to ternative the extension of Old Mill Road be- tial inventory of telecom switches required Congress and the Secretary of Veterans Af- tween Richmond Highway and Telegraph by subsection (d). fairs a report on progress in the implementa- Road. (f) TELECOM SWITCH DEFINED.—In this sec- tion of the plan during the 90-day period end- (b) CONSULTATION.—The study required by tion, the term ‘‘telecom switch’’ means hard- ing on the date of such report. subsection (a) shall be conducted in con- ware or software designed to send and re- (2) Each report under paragraph (1) shall sultation with the Department of Transpor- ceive voice, data, or video signals across a include, for the period covered by such re- tation of the Commonwealth of Virginia and network that provides customer voice, data, port— Fairfax County, Virginia. or video equipment access to the Defense (A) the number of records reviewed; (c) REPORT.—The Secretary shall submit to Switch Network or public switched tele- (B) each test, if any, under the Shipboard Congress a summary report on the study and communications networks. Hazard and Defense project identified during analysis required by subsection (a). The sum- The PRESIDING OFFICER. Without such review; mary report shall be submitted together (C) for each test so identified— objection, the amendment is agreed to. with the budget justification materials in (i) the test name; support of the budget of the President for fis- The amendment (No. 4098) was agreed (ii) the test objective; to. cal year 2006 that is submitted to Congress (iii) the chemical or biological agent or under section 1105(a) of title 31, United Mr. ALLARD. I move to reconsider agents involved; and States Code. the vote. (iv) the number of members of the Armed (d) FUNDING.—Of the amount authorized to Mr. LEVIN. I move to lay that mo- Forces, and civilian personnel, potentially be appropriated by section 301(a)(1) for the tion on the table. affected by such test; and Army for operation and maintenance, The motion to lay on the table was (D) the extent of submittal of records and $5,000,000 may be available for the study and agreed to. information to the Secretary of Veterans Af- analysis required by subsection (a). fairs under this section. AMENDMENT NO. 4099 Mr. LEVIN. The amendment has been The PRESIDING OFFICER. Is there Mr. LEVIN. Mr. President, on behalf cleared. further debate? Without objection, the of Senators BILL NELSON, MCCAIN, Mr. ALLARD. It has been cleared on amendment is agreed to. CLELAND, ROBERTS, and DASCHLE, I this side, too. The amendment (No. 4099) was agreed The PRESIDING OFFICER. Without offer an amendment which would pro- to. vide for the disclosure to the Depart- objection, the amendment is agreed to. Mr. LEVIN. Mr. President, I move to The amendment (No. 4100) was agreed ment of Veterans Affairs of informa- reconsider the vote. tion on the shipboard hazard and de- to. Mr. ALLARD. I move to lay that mo- Mr. ALLARD. Mr. President, I move fense project of the Navy. tion on the table. to reconsider the vote. I ask that the clerk report the The motion to lay on the table was Mr. LEVIN. I move to lay that mo- amendment. agreed to. tion on the table. The PRESIDING OFFICER. The AMENDMENT NO. 4100 The motion to lay on the table was clerk will report the amendment. Mr. ALLARD. Mr. President, on be- agreed to. The assistant legislative clerk read half of Senator WARNER, I offer an Mr. LEVIN. Mr. President, I see Sen- as follows: amendment which would authorize $5 ator NELSON of Florida is on the floor The Senator from Michigan [Mr. LEVIN], million to conduct a preliminary engi- with Senator ROBERTS. Under the pre- for Mr. NELSON of Florida, for himself, Mr. neering study and environmental anal- vious unanimous consent order, it was MCCAIN, Mr. CLELAND, Mr. ROBERTS, and Mr. understood that Senator NELSON would DASCHLE, proposes an amendment numbered ysis for an alternate road to Woodlawn 4099. Road, which was closed as a force pro- be recognized at this time to offer an amendment, that we would set aside The amendment is as follows: tection measure at Fort Belvoir. The funding would be offset by a reduction the Warner amendment and the second- (Purpose: To provide for the disclosure to the to increase in the M-Gator program au- degree amendment pending thereto so Department of Veterans Affairs of informa- tion on the Shipboard Hazard and Defense thorized in this bill. Senator NELSON could offer his amend- project of the Navy) The PRESIDING OFFICER. The ment. The PRESIDING OFFICER. The Sen- At the end of subtitle E of title X, add the clerk will report the amendment. following: The assistant legislative clerk read ator from Florida. SEC. 1065. DISCLOSURE OF INFORMATION ON as follows: AMENDMENT NO. 4101 SHIPBOARD HAZARD AND DEFENSE The Senator from Colorado [Mr. ALLARD], Mr. NELSON of Florida. Mr. Presi- PROJECT TO DEPARTMENT OF VET- for Mr. WARNER, proposes an amendment dent, I send to the desk, amendment ERANS AFFAIRS. numbered 4100. No. 3952, and ask for its immediate con- (a) PLAN FOR DISCLOSURE OF INFORMA- Mr. ALLARD. I ask unanimous con- sideration. My understanding is the TION.—Not later than 90 days after the date of the enactment of this Act, the Secretary sent the reading of the amendment be clerk will give it another number, so I of Defense shall submit to Congress and the dispensed with. simply send an amendment to the desk. Secretary of Veterans Affairs a comprehen- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The sive plan for the review, declassification, and objection, it is so ordered. clerk will report the amendment.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6080 CONGRESSIONAL RECORD — SENATE June 26, 2002 The assistant legislative clerk read way, our Armed Services Committee Without objection, it is so ordered. as follows: and this Senate has now promoted to The Senator from Kansas. The Senator from Florida [Mr. NELSON], Captain, was the first U.S. serviceman Mr. ROBERTS. Mr. President, I for himself and Mr. ROBERTS, Mr. DASCHLE, shot down in the gulf war. Then there thank the distinguished Senator from Mr. SMITH of New Hampshire, and Mr. GRA- was a series of incredible mistakes. For Florida, who has joined what I call the HAM, proposes an amendment numbered 4101. example, his buddies flying with him Speicher Team. I thank him for his in- Mr. NELSON of Florida. I ask unani- gave the proper coordinates, but when terest, for his leadership, for his perse- mous consent the reading of the the coordinates were transmitted for verance, and for his very aggressive ac- our surveillance assets to look, the amendment be dispensed with. tion with regard to legislation I am co- numbers were transposed so they didn’t The PRESIDING OFFICER. Without sponsoring as of today in behalf of look in the right place. objection, it is so ordered. Scott Speicher. The amendment is as follows: Through one thing and another, sud- denly a press conference is held in I rise today in support of the amend- (Purpose: To require reports on efforts to re- ment. The amendment simply requires solve the whereabouts and status of Cap- Washington with the then-Secretary of tain Michael Scott Speicher, United States Defense DICK CHENEY, and the then- frequent reports by the Department of Navy) Chairman of the Joint Chiefs of Staff, Defense on their efforts to determine At the end of subtitle C of title X, add the GEN Colin Powell. Out of that press the fate of CAPT, Select, Scott following: conference came the statement that Speicher. SEC. 1035. REPORTS ON EFFORTS TO RESOLVE Commander Speicher was dead. In fact, Why on Earth would we have to pass WHEREABOUTS AND STATUS OF we have since learned that through legislation requiring the Department of CAPTAIN MICHAEL SCOTT this series of mistakes we never looked Defense to report back to Congress SPEICHER, UNITED STATES NAVY. in the right place. Testimony was con- with periodic reports? (a) REPORTS.— Not later than 60 days after the date of the enactment of this Act, and voluted. Then, lo and be hold, years It is all about Scott Speicher—Scott every 90 days thereafter, the Secretary of later comes forth an eye witness ac- Speicher—a lieutenant commander Defense shall, in consultation with the Sec- count that someone actually drove him who was shot down in his Navy F–18 retary of State and the Director of Central to a hospital. Through several corrobo- fighter within the first few hours of the Intelligence, submit to Congress a report on rations, that testimony was deter- start of the gulf war. He was streaking the efforts of the United States Government mined to be true. towards Baghdad on a strike mission. to determine the whereabouts and status of So, what we want to do, as Senator Captain Michael Scott Speicher, United Within 24 hours, he was declared a fa- ROBERTS has done so eloquently and so tality by the U.S. Navy and the Depart- States Navy. courageously over the years, is keep (b) PERIOD COVERED BY REPORTS.—The first ment of Defense—our first casualty in report under subsection (a) shall cover ef- this matter alive and find out what the Persian Gulf war. forts described in that subsection preceding happened and where is CDR Scott Speicher, and is he living? And, if he is Unfortunately for Scott, as we have the date of the report, and each subsequent learned since that time through a se- report shall cover efforts described in that not, then to have proof. Because what subsection during the 90-day period ending we have back in Jacksonville, FL, is a ries of mistakes and still very unex- on the date of such report. family wanting to know what is the plained action—and when I say a ‘‘se- (c) REPORT ELEMENTS.—Each report under fate of their loved one. That is the very ries of mistakes,’’ I am talking about subsection (a) shall describe, for the period least the U.S. Government can do. an unbelievable set of circumstances covered by such report— So the question now comes up about that are so bizarre and so unexplain- (1) all direct and indirect contacts with the what we are going to do in Iraq. That able that it is difficult to imagine. At Government of Iraq, or any successor gov- is something that Senator ROBERTS any rate, through this series of mis- ernment, regarding the whereabouts and sta- takes, there was no confirmation—no tus of Michael Scott Speicher; and I do not know. But we do know (2) any request made to the government of that there is the question of a delega- confirmation—that Scott Speicher died another country, including the intelligence tion going to Iraq. Should it be a low in the shootdown. Tragically, there service of such country, for assistance in re- level delegation or a high level delega- was not 1 minute of search and rescue solving the whereabouts and status of Mi- tion? What we want are some answers. effort made in behalf of Scott Speicher. chael Scott Speicher, including the response I have taken every opportunity— He was declared a fatality based solely to such request; where I have been in a place that I on the report of a fellow flier who saw (3) each current lead on the whereabouts sensed was the right place at the right a bright fireball in the direction of and status of Michael Scott Speicher, includ- time—to talk about Commander, now Scott’s plane and determined that no- ing an assessment of the utility of such lead in resolving the whereabouts and status of CAPT Scott Speicher and the need of body could have survived that hit. Michael Scott Speicher; and us to press the issue, to find out from That was relayed up the command to (4) any cooperation with nongovernmental Iraq about his status. the point that the Secretary of De- organizations or international organizations I talked to the young President of fense—Vice President CHENEY, today— in resolving the whereabouts and status of Syria in Damascus about him and was told that he was a casualty, which Michael Scott Speicher, including the re- asked him to use his intelligence appa- he announced on national television. sults of such cooperation. ratus to help us. I talked to the King of (d) FORM OF REPORTS.—Each report under So Scott was dead. He was killed in Jordan. I have talked to the Secretary action. And he remained dead in the subsection (a) shall be submitted in classi- of Defense and the Assistant Secretary fied form, but may include an unclassified eyes of the Department of Defense and of Defense. I have talked to the Sec- summary. the Department of the Navy until in- retary of State and the Deputy Sec- vestigations forced upon the DIA—the Mr. NELSON of Florida. Mr. Presi- retary of State. dent, Senator ROBERTS and I come to When there was someone to talk to, I Defense Intelligence Agency—and the the floor to offer this amendment. I tried to bring the loss and possible CIA by Congress made it so obvious ask unanimous consent that Senator abandonment of Navy fighter pilot that the probability was that he sur- GRAHAM of Florida be added as a co- CAPT Scott Speicher to their atten- vived the shootdown and ended up in sponsor. I believe Senator BOB SMITH of tion. the hands of Iraqis, as has been pointed New Hampshire is already a cosponsor. With that introduction, I ask unani- out by the distinguished Senator. If he is not, I ask unanimous consent mous consent that after Senator ROB- But even with this information, the he be added as a cosponsor as well. ERTS has finished his statement, I be Department of Defense and the Depart- The PRESIDING OFFICER. Without allowed to conclude my statement. We ment of the Navy again had to be pres- objection, it is so ordered. would like for him to share with our sured to change his status from killed Mr. NELSON of Florida. Mr. Presi- colleagues what has transpired over in action—i.e., KIA—to missing in ac- dent, we walked away from a downed the past several years. I ask unanimous tion. Finally, in January of 2001—10 flier. There were a series of mistakes consent that I be able to finish my years later—the Secretary of the Navy that occurred. Senator ROBERTS can statement after Senator ROBERTS. changed the status of Scott from KIA give you the detail of that. But the fact The PRESIDING OFFICER. Is there to missing in action. It took a lot of ef- is, CDR Scott Speicher, who, by the objection? fort to get that done on the part of

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6081 some of my colleagues and what I call pened to Scott with some cooperation Action, Mr. Liotta, updates our Senate the Scott Speicher Team. or degree of lack of cooperation from Committee on Intelligence on the In February of this year, I wrote to the authorities. Let me go over a short Speicher case and concludes that this the Secretary of Defense and requested history, if I might. loss is the only unresolved U.S. case of that CAPT, Select, Scott Speicher be January 18, 1991: Secretary of De- Desert Storm. designated not as missing in action but fense CHENEY—as I referred to earlier July 1, 1998: Restatement of Federal as a prisoner of war. in my remarks—received word that he regulations—a finding of presumptive My request was based upon ‘‘The In- was a casualty, and it was announced death is made by the Secretary of the telligence Community Assessment of over national television. He referred to Navy when a survey of all available the Lieutenant Commander Speicher the ‘‘death’’ of Commander Speicher. sources of information indicates be- Case.’’ That is what it is called. That is January 26, 1991: His status was es- yond doubt that the presumption of the title. That assessment actually tablished as ‘‘missing in action,’’ how- continuance of life has been overcome concluded that ‘‘Scott Speicher prob- ever, by his commanding officer. for the purpose of Naval administra- ably survived the loss of his aircraft, May 22, 1991: While the law requires a tion that he is no longer alive, that the and, if he survived, he was most cer- 1-year interval—let me repeat that. person is no longer alive. tainly captured by the Iraqis.’’ While the law requires a 1-year interval That was not done with Scott My colleagues, today is the 25th of before changing an MIA determination Speicher. That was a clarification that June, and yet the Department is still to ‘‘killed in action,’’ Commander came back. delaying on the obvious. CAPT, Select, Speicher’s status changed to ‘‘killed in It took us until September 9 of 1998: Scott Speicher was, and is, and should action.’’ The Office of Naval Intel- The Senate Committee on Intelligence be a prisoner of war. ligence available evidence did support receives the report of the Director of Let me be clear. I don’t know if Scott the KIA status at that particular Central Intelligence in regards to the is alive today. I hope and I pray so. But time—clear back in 1991. chronology of the Speicher case. let me be equally clear. There is no evi- January 13, 1993: We have moved March 12, 1999: Our staff in the Intel- dence that he is dead either. Either ahead 2 years. The report of the Senate ligence Committee receives an update way, colleagues, ‘‘prisoner of war’’ is Select Committee on POW–MIA Affairs on the Speicher case and requested ad- the appropriate designation for the concludes that the Defense Intelligence ditional rigor by the Defense Intel- warrior we left behind. Agency’s POW–MIA Office—now called ligence Agency. Today, we are not here to argue the DPMO, the acronym we use—has his- May 13, 1999: The committee letter to status of Scott Speicher but, rather, torically—I am not talking about to- the Director of Central Intelligence. whether or not Senator NELSON, I, oth- day’s operation, I am talking about the We say the September 1998 chronology ers who support this bill, and the Sen- operation back in the early 1990s—has report does not enable Senator SMITH, ate go on record as requiring the De- historically been, No. 1, guilty of over- Senator Grams, Senator ROBERTS to partment of Defense to report fre- classification; No. 2, defensive toward make informed judgments about the quently on their efforts to resolve his criticism; No. 3, handicapped by poor intelligence process nor the analysis. whereabouts and status. coordination with other elements of Sadly, my colleagues, my history We request additional data. the intelligence community, i.e., not July 30, 1999: I ask the Intelligence with the Scott Speicher case says we asking for it; and, No. 4, slow to follow Committee to conduct an inquiry into must keep pressure on the Department up on live-sighting and other reports. the Speicher matter, stating that it is if we are to finally determine the fate September 30, 1996—another 3 years— of an American warrior we left behind May 22, 1991, presumptive finding of my understanding that it is a primary in the desert of Iraq. death ‘‘was determined to have been in role of U.S. intelligence to assist our This Nation prides itself on the com- error after a thorough analysis of clas- military commanders in making in- mitment to our men and women who sified information and status review formed decisions, and suggest that the sacrifice for our freedom. My col- procedures.’’ Chief of Naval Personnel assignment of the killed in action sta- leagues, we saw that commitment in backdated—backdated—the presump- tus may be in error. Scott’s wife, Jo- the effort to recover the remains of the tive finding of death. Navy staff states anne Speicher Harris, asks the Senate victims of the 9/11 terrorist attack. We to Senator SMITH, on June 22, 1999, that Committee on Intelligence for a full saw that effort on a hilltop in Afghani- they did not review the intelligence accounting regarding the fate of her stan in our efforts to recover a lost community’s information for this find- former husband. This is some 10 years Special Forces member. We saw that ing—did not review the intelligence later. commitment in the streets of community’s information for this find- September 15, 1999: The Senate Intel- Mogadishu when a Blackhawk heli- ing, did not take into consideration the ligence Committee holds a member- copter was shot down. We saw that ef- available intelligence. level briefing with the head of the De- fort in Kosovo and in Bosnia when Let’s move to December 7, 1997 and a fense Intelligence Agency, Admiral downed airmen were heroically res- front page, New York Times article by Wilson, the Department of State, and cued. Tim Weiner, titled ‘‘Gulf War’s First the Secretary of the Navy. Followup In each of our wars or conflicts, the Casualty Leaves Lasting Trail of Mys- questions for the record are sent to the American servicemen were told they tery,’’ in which he writes the story executive branch. would never be left behind. We owe no about Scott. October 28 of 1999: We hold a closed, less to Scott Speicher. When asked by Weiner if Speicher on-the-record hearing with the same If we are to maintain any credibility could have survived the crash, he said, folks, and ask them followup questions with the fighting men and women of ‘‘We don’t know.’’ That was from ADM for the record, and sent that to the ex- our military today—that is why it has Stanley Arthur, Vice Chief of Naval ecutive branch. special pertinence today in the war on Operations at the time of the loss. He May 4 of 2000: I author legislation to terrorism—we must honor our commit- is quoted as believing that ‘‘Com- force the Pentagon and the U.S. intel- ment to leave no one behind. mander Speicher had ejected success- ligence community to better handle I urge my colleagues to support this fully and survived.’’ cases of military personnel missing in amendment to keep the pressure on the Arthur also said, ‘‘The Warriors be- action or unaccounted for. It was Department of Defense to determine lieved they had a responsibility . . . passed by this body in the intelligence the fate of Scott Speicher. You lose one of your own, you go back authorization bill. Senator NELSON indicated that I have and get him.’’ Then we initiated in the committee a story to tell. Actually, Senator Move ahead to January 5, 1998: Our to task the Director of Central Intel- SMITH, I, and Senator Grams, who is no Committee on Intelligence in the Sen- ligence for an assessment. longer a Member of the Senate, and ate tasked the Director of Central In- Finally, after learning there was no others of us became interested in this telligence for an intelligence commu- intelligence wrapped up in this par- case by accident. nity chronology of the Speicher case. ticular case on the fate of Scott By the way, it is quite a chronology February 19 of 1998: The head of Speicher, we ask the DCI, we ask the of trying to piece together what hap- DPMO, the Department of Missing in head of the CIA: Please, please, come in

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6082 CONGRESSIONAL RECORD — SENATE June 26, 2002 and make an assessment on the fate of that Captain Speicher ‘‘might be alive,’’ and people. It would tell the Iraqis what we now Commander Speicher. ‘‘if he is, where he is; and how we can get believe that they have much more to tell us I also had the committee request the him out.... Because since he was a uni- about his fate and increases our leverage of CIA and the DOD inspectors general to formed service person, he’s clearly entitled accountability. It tells our military that we to be released, and we’re going to do every- jointly and expeditiously examine the will not stand for anything less than full dis- thing we can to get him out.’’ closure. intelligence to support the Speicher I wrote to Secretary of Defense Cohen on Sincerely, case. October 2, 2000, requesting that Captain PAT ROBERTS. July 25, 2000: The committee holds Speicher’s status be changed to a category Mr. ROBERTS. I yield the floor. another on-the-record briefing in re- less decisive and final than KIA (see attach- The PRESIDING OFFICER. The Sen- gards to the Speicher case. Questions ment). At the time, I felt that there was con- siderable evidence that Captain Speicher had ator from Florida is recognized under for the record then follow. the previous order. September of 2000: Congress receives not been killed during the crash of his air- craft. This was based on The Intelligence Mr. NELSON of Florida. Thank you, the Intelligence Committee’s first ever Community Assessment of the Lieutenant Mr. President. And thanks to Senator assessment of the fate of Commander Commander Speicher Case, that concluded ROBERTS, the distinguished Senator Speicher. I believe the preponderance ‘‘LCDR Speicher probably survived the loss from Kansas, for his perseverance and of evidence does not support the KIA of his aircraft, and if he survived, he was al- for his dedication. status. most certainly captured by the Iraqis.’’ This I am glad that Senator SMITH has Since that time he has been changed strongly suggested the more appropriate des- come to the Chamber so we can hear to MIA. I might point out that just be- ignator or status of POW. However, I find it odd that Title 10, USC 1513(2)(D) does not from him and his perspective, as he has fore President Clinton left office, he re- been one of the leaders over the years ported to the country that he may be identify POW as an officially recognized sta- tus although it does define a subcategory in calling this matter to the attention alive. under ‘‘missing’’ status as ‘‘captured.’’ Cap- of the American people. Now, since that time, we have fol- tain Speicher clearly fits the term ‘‘missing, As I said earlier, I have spoken with lowed very closely, in the Intelligence captured.’’ Subparagraph E2.1.20.4 of DOD In- a number of world leaders, including Committee, all of the intelligence as- struction 2310.5, the regulation that imple- the Prime Minister of Lebanon, asking sessments that have come in. And let ments the statute, contains identical lan- them to task their intelligence appa- guage. me say the people in charge today are ratus to see if they can get any kind of doing that with due diligence. I am not Common usage of the status of ‘‘missing, captured’’ is that of POW. information about Scott Speicher. And trying to point any fingers of blame. I There is a precedent for maintaining the while intelligence is central to the po- just do not understand how on Earth status of an American as POW many years tential for our success in resolving his this case could have been so badly han- after a war. Long after virtually all Vietnam fate, it is not the only aspect of this dled over an 11- or 12-year period. With- War MIA’s had been given a presumptive situation that certainly merits the out really pointing any fingers of finding of death, one American, Colonel congressional attention that we are blame, we are receiving good coopera- Charles Shelton, USAF, remained listed as a POW for symbolic reasons, although U.S. an- trying to give it right now. tion from those people in charge now. This amendment that is offered by But what this legislation will do, alysts felt that available evidence suggested me, Senator ROBERTS, Senator SMITH, what the Nelson-Roberts-Smith legisla- that Shelton died in captivity. He remained in POW status to indicate that the U.S. Gov- Senator GRAHAM of Florida, as well as tion will do is make sure that, on a ernment had not ruled out the possibility the majority leader, Senator timely basis, we have these reports. that POWs might still be alive in Southeast DASCHLE—and his name should be on I ask unanimous consent to have Asia after the end of the war. Colonel the amendment. If it is not, I ask unan- printed in the RECORD my letter to Shelton’s status was finally changed to KIA imous consent that he be added as a co- Secretary Rumsfeld, dated February 12, on September 20, 1994. sponsor of this amendment. 2002, because I think it is very clear Mr. Secretary, the Shelton precedent es- tablishes that clear evidence of continued The PRESIDING OFFICER. Without that Scott Speicher should be classi- objection, it is so ordered. fied a POW. And I feel in my heart—as survival is not required for identifying the status of a captured American as a POW. Mr. NELSON of Florida. This amend- I say, again, I do not know whether he Therefore, I am asking that Captain ment sets in place a firm schedule of is alive or not, but I feel in my heart, Speicher’s designator or status be that of updates on actions taken by the De- with continuing intelligence assess- POW and that the Department use the term partments of Defense and State as well ment and open-source assessments that ‘‘POW’’ in all future references regarding as the Central Intelligence Agency. It we are receiving on a roller coaster Speicher. As often happens on the battlefield, this sets a firm schedule of reports to deter- timely basis, and more and more pub- mine the fate of Captain Speicher; a licity and attention given to this issue, matter relates very much to what happens in the hearts as well as the minds of those who schedule of accountability, if you will, and all of the foreign policy discussion serve, and those on whose behalf they serve. that puts the department squarely and and military mission discussion in re- By stating to the world that we indeed be- clearly within the view of Congress and gards to Iraq, he may be alive. I say he lieve that Captain Speicher survived—at America so that we can take the meas- may be alive. I do not know if Scott is least for some period of time—in Iraqi cus- ure of their efforts and their progress. alive. But, my colleagues, we must tody, we would acknowledge his unique and And they must make progress. honored service as an American Gulf War press ahead in behalf of everybody who In American military philosophy, no wears the uniform to determine his POW. A change in status and terminology would add credibility and urgency to efforts one is left behind on the battlefield. fate. That is particularly the creed among There being no objection, the letter to secure his release. Finally, if Captain Speicher lives, we must make every effort to pilots. If a pilot goes down, you know was ordered to be printed in the attain for him the freedom he has so long that there is a rescue team coming in RECORD, as follows: been denied. His case reaffirms to our nation, to get you. FEBRUARY 12, 2002. albeit somewhat belatedly, that we will Our effort today, through this Hon. DONALD RUMSFELD, never abandon our soldiers even if some em- amendment, is to encourage those Secretary of Defense, Department of Defense, barrassment befalls to our Government. It whose responsibility it is in govern- The Pentagon, Washington, DC. would render its service-maybe Captain DEAR MR. SECRETARY: I write to request Speicher’s greatest service—in the inevitable ment to find our missing and to leave that you designate and use the title Pris- next war. If the natural tendency of a bu- no effort unturned in the search for oner-of-War (POW) for Captain Michael reaucracy is to take the easy way out and to Captain Speicher. Scott Speicher. Captain Speicher was the declare an American soldier dead, when in To that end, this amendment re- first and only Coalition pilot shot down the fact it is really not clear what happened to quires regular updates to the Congress first night of the Persian Gulf War in Janu- him, then this is not the America our fore- on contacts with the Government of ary 1991. He was not returned with all other fathers envisioned, nor one I proudly sup- Iraq, on contacts with foreign govern- POWs at the end of the war. After being list- port. ments and intelligence services, and on ed improperly as Killed-in-Action (KIA) in I believe the status of POW sends a sym- May 1991, and reaffirmed in that status in bolic message not only to the Iraqis, but to current leads in the case, and efforts to 1996, Captain Speicher’s status was changed other adversaries, current and future—and coordinate with groups such as the to Missing-in-Action (MIA) in January 2001. most importantly, to the men and women of United Nations and the International President Clinton stated on January 11, 2001 the U.S. Armed Forces and the American Committee of the Red Cross.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6083 We expect to see action and progress tion. The truth is, as I stand here Under the laws and rules of the De- in these reports. We expect to shake today, that a search and rescue mission fense Department and the way we de- loose any bureaucratic inaction that for Commander Speicher, now Captain termine the definition of KIA, he has slowed the search until now. Speicher, was never launched. should not have been declared killed in I spoke as recently as 2 hours ago At a Department of Defense press action. Yet he was. In spite of the fact with the Deputy Secretary of State and conference shortly after the that month after month, year after the Deputy Secretary of Defense on shootdown, it was announced that he year, more and more information was this matter. As a nation, we have come was killed in action and that was it. coming forth, they still left him killed a long way in living up to our philos- We told Saddam Hussein and the in action. ophy over the years of not leaving any- world that Speicher was dead and, In March of 1999, I sent a letter to one downed behind. There are nearly therefore, there would have been abso- then-Secretary of the Navy Danzig re- 79,000 Americans still missing from lutely no incentive for Hussein to pro- questing that the ‘‘finding of death’’ World War II. There are almost 8,000 vide him to us or any information on determination made by the Navy in missing from Korea. There are fewer him to us. May of 1991 be changed because there than 2,000 still missing from Vietnam. It was a mistake. That announce- was no evidence supporting the deter- Slowly but surely, we have reduced ment, pure and simple, was a mistake. mination that Speicher was killed in these numbers as the new information, It was based on incomplete information action. In fact, there is information to the new evidence on the remains of which can happen in wartime. We un- the contrary—a lot of information to those missing is recovered from around derstand that. But it was passed up the the contrary, which my colleagues the world. chain of command, and it was a mis- have already discussed. Scott Speicher is the only American take. Mistakes can be rectified. We I encourage my colleagues—and I missing from the gulf war. Over 11 didn’t rectify it. Mrs. Speicher and the know the Senator from Florida has years after, his fate still remains un- children were told that he was killed in done this, and I am not suggesting that known. The horrors of war and the action. There is a big difference be- this could be done prior to the vote. I frailty of the human body make it im- tween being killed in action and miss- think this amendment will pass over- possible to guarantee that we know ing in action. Missing in action, there whelmingly. I encourage colleagues to read the intelligence on this case. It is with certainty the fate of every Amer- may be some hope, or POW there may a fascinating case. Some of the things ican who may be lost in battle. None- be some hope you may be found alive. we cannot talk about. But I can tell theless, Americans must have the con- She made her decisions in life based on you that there is an overwhelming fidence that the sons and daughters, that information which was never cor- amount of evidence out there that sug- the brothers and sisters, the fathers rected, never changed until recently. gests Speicher could have survived. and mothers we send into harm’s way At the conclusion of the war, the There is no evidence that suggests he will find their way home, even if it is Iraqis returned remains. I don’t know was killed. There is a very important only to their final honored resting if my colleague mentioned this; I was distinction here. Yet he was declared place. We owe this to those who go and not in the Chamber at the time. They sent remains back that they claimed killed, and his wife made decisions in those they leave behind. life that people do make, such as get- I am confident some day we will belonged to a pilot named Michael. ting remarried and so forth, based on know what happened to Scott Speicher. When we tested the DNA, it was not that information. I hope it is soon. I pray that he will re- Speicher. You have to ask yourself, In spite of the fact that I challenged turn to us safe and sound, alive. In the why would the Iraqis return remains it month after month, year after year, meantime, we must watch this effort that were not Speicher if they didn’t beginning in the mid-1990s, to try to closely and pray that resolution will have some ulterior motive. get more information from my own In spite of that, Speicher was offi- bring peace to the shipmates and the sources who were saying, They are not Navy squadron and the family of CAPT cially declared killed in action in May telling you the truth in the intel- Scott Speicher. of 1991, and the status was reaffirmed ligence community or giving you all I thank the Senate for what they will again in August of 1996. the information—in spite of that, they Supposedly, all of these decisions do in a few minutes, which is adopt would not change the designation. this amendment. I look forward to the were based on a comprehensive review As a matter of fact, I say to my col- comments of the distinguished Senator of the case. The truth is, there was not league—because I know this is his con- from New Hampshire. a comprehensive review. I can assure stituent—I was trashed by some in the I yield the floor. you these decisions were a terrible mis- agency to the family directly. The fam- The PRESIDING OFFICER. The Sen- take. ily will tell Senator NELSON that if he ator from New Hampshire. When the U.S. Government finally talks to them. They said I was a trou- Mr. SMITH of New Hampshire. Mr. visited the crash site in December of blemaker, causing undue stress to the President, I compliment my col- 1995, it was determined that Speicher family. This was given by bureaucrats leagues, Senators NELSON and ROB- had ejected from his aircraft. There in this Government in the DPMO of- ERTS, for their continued leadership on was no information given to Mrs. fice. They provided information to Mrs. this issue. I rise in strong support of Speicher about that. Our investigators Speicher that I was a troublemaker for the amendment. were able to determine that, despite getting involved in this because, as one The case of Scott Speicher is a ter- the fact that the Iraqis clearly tam- who lost his dad in the Second World rible tragedy that never should have pered with the crash site to confuse us. War and was raised without a father, I happened. I know my distinguished col- We had that information. Navy statis- wanted the son and daughter of Mrs. league is not familiar with all of the tics show that 90 percent of pilots who Speicher to know what happened to background I have had on the issue. I eject from an F–18 survive the ejection. their father. That is what I was de- began in the mid-1990s to question our Speicher was flying an F–18. He eject- clared a troublemaker for. Government based on information I ed. The ejection seat came out of the After working closely with Danzig was receiving from my own sources plane. for a number of months, the Secretary, within the intelligence community, In over 7 years that I have been in- to his credit, prior to the Clinton ad- which, much to their consternation, volved in this case, I have never seen— ministration leaving office, changed they have not been able to identify yet, I want to be clear about this—any in- the status of Commander Speicher thankfully, that there was something formation remotely suggesting that from KIA to MIA. That is exactly what wrong, that there may be information Scott Speicher was killed in action. I it should be. It should never have been suggesting that Speicher may not, don’t say that in any way to encourage otherwise. should not have been declared KIA or anybody or enhance anybody’s hopes. I I think this has been read into the killed in action. am telling you that there has never RECORD, but I will give one paragraph As has been said, Speicher was shot been any information I have seen that of the intelligence community’s assess- down on the first night of the gulf war would suggest that Scott Speicher was ment of the Speicher case. This is un- and immediately declared killed in ac- killed in action. classified:

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6084 CONGRESSIONAL RECORD — SENATE June 26, 2002 We assess that Iraq can account for Lieu- Senator’s bill will help. I just caution watching C–SPAN one day and said: tenant Commander Speicher, but that Bagh- one thing, which is that we don’t turn What in the world is going on? Why dad is concealing information about his fate. this thing into a 90-day reporting pe- don’t you guys salute the flag? Lieutenant Commander Speicher probably riod and get off focus. The main focus I said: I don’t know; let’s find out. survived the loss of his aircraft, and if he We implemented it. The House of survived, he almost certainly was captured should be, let’s find him, or find out by the Iraqis. what happened to him. And let’s do it Representatives recites the Pledge every day. We had a unanimous resolu- We know, because there is a lot of in- quickly so that the Senator’s legisla- tion that passed the Congress. I wish to formation to indicate, that he could tion will be over with quickly because, recite from the resolution because it have survived the ejection from the hopefully, in the first 90 days we will shows we ought to be pretty outraged aircraft and that there is all kinds of get the answers. I hope it will not be a by that judicial decision: intelligence information about what series of 90-day reports in succession as may or may not have happened to him we see years and years go by. Whereas the Flag of the United States of If Scott Speicher is alive, the America is our Nation’s most revered and afterwards. We also know that the preeminent symbol.... Iraqis know the answer. They could re- thought of him languishing in some And it goes on to talk about the flag turn Speicher one way or the other, prison cell somewhere in Iraq—God and it even talks about the Pledge. dead or alive, or give us information knows what is going on—is a horrible Here we are talking about a Naval of- that would indicate one way or the thing to even think about. If he is ficer who may or may not be alive in other. dead, then Saddam Hussein should tell I don’t know if Commander Scott us what happened to him. Iraq who is basically not looked for by Speicher is alive, but I do know there I want to make it clear, before I con- his own Government for 10 years, and is no information that he is dead. A lot clude, that the current intelligence now we get an appeals court decision in of information suggests he may be community, starting in the previous the Ninth Circuit that says we have to alive. I want to again re-encapsulate administration and then into this one, take ‘‘under God’’ out of the Pledge of this because it is very important. In Admiral Wilson of DIA, and others Allegiance to the flag of the United spite of all the information we had at have been very helpful and very respon- States of America. our disposal up until the last 2 or 3 sive in helping us to get the answers. Frankly, to Judge Goodwin: May God years, from the early nineties, crossing We have had a number of occasions bless us all and pray for us. The PRESIDING OFFICER. The Sen- two administrations, the previous Bush where we could do that. So I am opti- ator from Florida. administration and the Clinton admin- mistic and I know the Senator’s legis- Mr. NELSON of Florida. Mr. Presi- istration—in spite of the fact that in- lation will help. dent, we are going to wind up the de- formation was in the DPMO office and NINTH CIRCUIT COURT OF APPEALS RULING bate on our amendment having to do in the intelligence office and the Navy, Before I yield the floor, this has an with Scott Speicher, but since the dis- in spite of all of that information that impact here. I want my colleagues to tinguished Senator has told me of two showed an overwhelming amount of know this because here we are talking events, I want to comment. evidence that he may have survived, now about a missing pilot who was shot First, the Senator from New Hamp- they still declared him KIA and refused down in 1991 in the Persian Gulf war, shire told me that certain bureaucrats to change the status. fighting for his country, for the flag, label him a troublemaker. If that is the When I asked to change the status, I fighting for this Nation under God, the case, I like that kind of troublemaker. was declared a troublemaker in the se- flag we salute every single day, ‘‘one Second, the Senator from New Hamp- cret conversations and documents to nation under God.’’ I want to announce shire referred to a recent decision by a which I was not privy. I don’t care be- to my colleagues a decision that just Federal district court of appeals, of cause the issue is not me. If we can find came down from the Ninth Circuit which I was not aware, to take the out that Scott Speicher is alive and Court—the infamous Ninth Circuit words ‘‘under God’’ out of the Pledge of could come home to his family, I would court. Listen to this article on the rul- Allegiance. like to join my colleague in Jackson- ing: I have faith in our judicial system. ville for that homecoming. But we owe A federal appeals court ruled Wednesday Senator BYRD, the distinguished senior nothing less to the Speicher family that the Pledge of Allegiance is an unconsti- Senator from West Virginia, reminds than that. All the men and women who tutional endorsement of religion and cannot all of us to carry around a copy of the serve in uniform in our Nation’s mili- be recited in schools. Constitution and a copy of the Declara- tary deserve nothing less than that— That is the wording of the Ninth Cir- tion of Independence. I remind my col- that the U.S. Government finds out cuit Court. leagues the second paragraph of the what happens. Declaration of Independence has these We realize we are dealing with a na- The 9th U.S. Circuit Court of Appeals over- turned a 1954 act of Congress inserting the immortal words: tion and a leader who isn’t exactly phrase ‘‘under God’’ after the words ‘‘one na- We hold these truths to be self-evident, willing to cooperate and is not the tion’’ in the pledge. The court said the that all men are created equal, that they are greatest humanitarian the world has phrase violates the so-called Establishment endowed by their Creator with certain ever seen. I don’t blame the U.S. Gov- Clause in the Constitution that requires a unalienable Rights, that among these are ernment for that. I do blame the U.S. separation of church and state. Life, Liberty and the pursuit of Happiness. Government for not sharing this with I will be very brief in deference to my Whether it be the judicial system me. I was not a member of the Intel- colleague. But they further said: that would correct a decision by a ligence Committee, so I was basically A profession that we are a nation ‘‘under court of appeals which absolutely stuns kept from getting the information, God’’ is identical, for Establishment Clause me or whether it would be the checks frankly, by the chairman of the com- purposes, to a profession that we are a na- and balances found in this Constitution mittee. I wasn’t able to get it. tion ‘‘under Jesus,’’ a nation ‘‘under of the United States, to which con- Finally, after raising enough ruckus, Vishnu,’’ a nation ‘‘under Zeus,’’ or a nation stitutional amendments can be initi- I began to challenge the intelligence ‘‘under no god,’’ ated by this body, then I have the con- fessions can be neutral with respect to reli- reports and documents and evidence we fidence to know that the constitutional were getting, and I was able to get be- gion,’’ Judged Alfred T. Goodwin wrote for the three-judge panel. system will work under this time-test- fore the committee—even though I am ed document. not a member—and ask some ques- I wonder what Scott Speicher would I thank the Senator from New Hamp- tions, and then, subsequently, all this have to say about that. Unbelievable. shire for bringing that to our atten- information began to come out. It is I sponsored, in 1999, at the request of tion. amazing. a constituent of mine, legislation to re- Mr. President, I know of no further We know the Iraqis do hold prisoners. quire the Senate—which ironically was debate on the Scott Speicher amend- They released an Iranian pilot in 1998 not doing it—to cite the Pledge of Alle- ment. I ask the Presiding Officer to put who had been held for 18 years. So it is giance before convening every day. the question. not unprecedented. I hope sincerely Until 1999, we never recited the Pledge The PRESIDING OFFICER. The Sen- that we will move forward. I think the of Allegiance. A constituent was ator from Nevada.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6085 Mr. REID. Mr. President, Senator The amendment is as follows: (A) in paragraph (2), by striking ‘‘the rec- LEVIN is not here. I cannot allow that (Purpose: To extend the work safety dem- ommendation (if any) of the Commission on to happen. onstration program of the Department of the National Military Museum to use a por- Mr. NELSON of Florida. If the Sen- Defense) tion of the Navy Annex property as the site for the National Military Museum’’, and in- ator will yield, Senator LEVIN has just At the end of subtitle D of title III, add the serting ‘‘the use of the acres reserved under come into the Chamber. following: (b)(2) as a memorial or museum’’; and The PRESIDING OFFICER. The Sen- SEC. 346. EXTENSION OF WORK SAFETY DEM- (B) in paragraph (4), by striking ‘‘the date ator from Michigan. ONSTRATION PROGRAM. on which the Commission on the National Mr. LEVIN. Mr. President, I under- (a) EXTENSION OF DEMONSTRATION PRO- Military Museum submits to Congress its re- stand the pending amendment is the GRAM.—Section 1112 of the Floyd D. Spence port under section 2903’’ and inserting ‘‘the National Defense Authorization Act for Fis- amendment of Senator NELSON of Flor- date of the enactment of the National De- cal Year 2001 (as enacted into law by Public fense Authorization Act for Fiscal Year ida; is that correct? Law 106–398; 114 Stat. 1654A–313) is amended— The PRESIDING OFFICER. That is 2003’’. (1) in subsection (d), by striking ‘‘Sep- (c) CONSTRUCTION OF AMENDMENTS.—The correct. tember 30, 2002’’ and inserting ‘‘September amendments made by subsections (a) and (b) Mr. LEVIN. Which Senator ROBERTS 30, 2003’’; and may not be construed to delay the establish- and Senator SMITH have cosponsored. I (2) in subsection (e)(2), by striking ‘‘De- ment of the United States Air Force Memo- commend them on their amendment cember 1, 2002’’ and inserting ‘‘December 1, rial authorized by section 2863 of the Mili- and their continuing efforts to remind 2003’’. tary Construction Authorization Act for Fis- us of the missing hero of whom we can Mr. LEVIN. I believe the amendment cal Year 2002 (115 Stat. 1330). never lose sight. As long as there is has been cleared by the other side. Mr. LEVIN. The amendment has been hope, we are going to remain targeted Mr. ALLARD. It has been cleared on cleared on this side. on trying to locate our wonderful this side. The PRESIDING OFFICER. Without American who is always on our minds. The PRESIDING OFFICER. Without objection, the amendment is agreed to. I do not know if there is further de- objection, the amendment is agreed to. The amendment (No. 4103) was agreed bate on the amendment. If not, I hope The amendment (No. 4102) was agreed to. that amendment can be adopted at this to. Mr. ALLARD. I move to reconsider time. Mr. LEVIN. I move to reconsider the the vote. The PRESIDING OFFICER. Is there vote. Mr. LEVIN. I move to lay that mo- further debate? The Senator from Colo- Mr. ALLARD. I move to lay that mo- tion on the table. rado. tion on the table. The motion to lay on the table was Mr. ALLARD. Mr. President, I be- The motion to lay on the table was agreed to. lieve that amendment has been cleared agreed to. AMENDMENT NO. 4104 on this side. I also compliment my col- AMENDMENT NO. 4103 Mr. LEVIN. Mr. President, on behalf leagues on their tenacity in sticking Mr. ALLARD. Mr. President, on be- of Senator DURBIN, I offer an amend- with this issue. I was on the Intel- half of Senator WARNER, I offer an ment which would provide authority ligence Committee when this was amendment that would amend the Na- for nonprofit organizations to self-cer- called to our attention. I believe Sen- tional Defense Authorization Act for tify for treatment as qualified organi- ator SMITH was one of the first to get fiscal year 2000 to modify the require- zations employing the severely dis- involved, as well as Senator ROBERTS ment for the Secretary of Defense to abled for purposes of the DOD Mentor- and then Senator NELSON from Florida. submit a master plan on the use of the Protege Program. I send the amend- We need to get to the bottom of this Navy Annex. ment to the desk. I believe it has been matter. I think this amendment is The PRESIDING OFFICER. The cleared. something the Senate needs to adopt. clerk will report the amendment. The PRESIDING OFFICER. The There is no objection on this side. The legislative clerk read as follows: clerk will report the amendment. The PRESIDING OFFICER. Is there The legislative clerk read as follows: The Senator from Colorado [Mr. ALLARD], further debate on the amendment? If for Mr. WARNER, proposes an amendment The Senator from Michigan [Mr. LEVIN], not, without objection the amendment numbered 4103. for Mr. DURBIN, proposes an amendment numbered 4104. is agreed to. Mr. ALLARD. Mr. President, I ask The amendment (No. 4101) was agreed unanimous consent that the reading of Mr. LEVIN. Mr. President, I ask to. the amendment be dispensed with. unanimous consent that the reading of Mr. LEVIN. I move to reconsider the The PRESIDING OFFICER. Without the amendment be dispensed with. vote. objection, it is so ordered. The PRESIDING OFFICER. Without Mr. ALLARD. I move to lay that mo- The amendment is as follows: objection, it is so ordered. tion on the table. The amendment is as follows: The motion to lay on the table was (Purpose: To provide for a master plan for the use of the Navy Annex, Arlington, Vir- (Purpose: To provide authority for nonprofit agreed to. ginia) organizations to self-certify eligibility for Mr. LEVIN. Mr. President, I think we treatment as qualified organizations em- will return to offering amendments At the end of subtitle C of title XXVIII, ploying the severely disabled for purposes add the following: which have been approved by both of the Mentor-Protege Program) SEC. 2829. MASTER PLAN FOR USE OF NAVY At the end of subtitle C of title VIII, add sides. ANNEX, ARLINGTON, VIRGINIA. the following: AMENDMENT NO. 4102 (a) REPEAL OF COMMISSION ON NATIONAL SEC. 828. AUTHORITY FOR NONPROFIT ORGANI- Mr. LEVIN. Mr. President, I start by MILITARY MUSEUM.—Title XXIX of the Mili- ZATIONS TO SELF-CERTIFY ELIGI- sending an amendment to the desk on tary Construction Authorization Act for Fis- BILITY FOR TREATMENT AS QUALI- behalf of Senators BIDEN and CARPER cal Year 2000 (division B of Public Law 106– FIED ORGANIZATIONS EMPLOYING which will extend the Work Safety 65; 113 Stat. 880; 10 U.S.C. 111 note) is re- SEVERELY DISABLED UNDER MEN- pealed. TOR-PROTEGE PROGRAM. Demonstration Program through the (b) MODIFICATION OF AUTHORITY FOR TRANS- Section 831 of the National Defense Au- end of fiscal year 2003. FER FROM NAVY ANNEX.—Section 2881 of the thorization Act for Fiscal Year 1991 (10 The PRESIDING OFFICER. The Military Construction Authorization Act for U.S.C. 2302 note) is amended by adding at the clerk will report the amendment. Fiscal Year 2000 (113 Stat. 879) is amended— end the following new subsection: The legislative clerk read as follows: (1) in subsection (b)(2), as amended by sec- ‘‘(n) SELF-CERTIFICATION OF NONPROFIT OR- The Senator from Michigan [Mr. LEVIN], tion 2863(f) of the Military Construction Au- GANIZATIONS AS QUALIFIED ORGANIZATIONS for Mr. BIDEN, for himself and Mr. CARPER, thorization Act for Fiscal Year 2002 (division EMPLOYING THE SEVERELY DISABLED.—(1) The proposes an amendment numbered 4102. B of Public Law 107–107; 115 Stat. 1332), by Secretary of Defense may, in accordance Mr. LEVIN. Mr. President, I ask striking ‘‘as a site—’’ and all that follows with such requirements as the Secretary and inserting ‘‘as a site for such other me- may establish, permit a business entity oper- unanimous consent that the reading of morials or museums that the Secretary con- ating on a non-profit basis to self-certify its the amendment be dispensed with. siders compatible with Arlington National eligibility for treatment as a qualified orga- The PRESIDING OFFICER. Without Cemetery and the Air Force Memorial.’’; and nization employing the severely disabled objection, it is so ordered. (2) in subsection (d)— under subsection (m)(2)(D).

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6086 CONGRESSIONAL RECORD — SENATE June 26, 2002 ‘‘(2) The Secretary shall treat any entity (2) a condition that if the Secretary deter- (4) the Committee on Small Business and described in paragraph (1) that submits a mines at any time that the W.A.S.P. mu- Entrepreneurship of the Senate. self-certification under that paragraph as a seum has conveyed an ownership interest in, (b) CONTENT.—The report required under qualified organization employing the se- or transferred possession of, the aircraft to subsection (a) shall include, in detail— verely disabled until the Secretary receives any other party without the prior approval (1) the justification for the establishment evidence, if any, that such entity is not de- of the Secretary, all right, title, and interest of an Army Contracting Agency; scribed by paragraph (1) or does not merit in and to the aircraft, including any repair (2) the impact of the creation of an Army treatment as a qualified organization em- or alteration of the aircraft, shall revert to Contracting Agency on— ploying the severely disabled in accordance the United States, and the United States (A) Army compliance with— with applicable provisions of subsection (m). shall have the right of immediate possession (i) Department of Defense Directive 4205.1; ‘‘(3) Paragraphs (1) and (2) shall cease to be of the aircraft. (ii) section 15(g) of the Small Business Act effective on the effective date of regulations (d) CONVEYANCE AT NO COST TO THE UNITED (15 U.S.C. 644(g)); and prescribed by the Small Business Adminis- STATES.—The conveyance of the aircraft (iii) section 15(k) of the Small Business Act tration under this section setting forth a under subsection (a) shall be made at no cost (15 U.S.C. 644(k)); process for the certification of business enti- to the United States. Any costs associated (B) small business participation in Army ties as eligible for treatment as a qualified with the conveyance, costs of determining procurement of products and services for af- organization employing the severely disabled compliance with subsection (b), and costs of fected Army installations, including— under subsection (m)(2)(D).’’. operation and maintenance of the aircraft (i) the impact on small businesses located Mr. ALLARD. Mr. President, it has conveyed shall be borne by the W.A.S.P. mu- near Army installations, including— seum. (I) the increase or decrease in the total been cleared on this side. value of Army prime contracting with local The PRESIDING OFFICER. Without (e) ADDITIONAL TERMS AND CONDITIONS.— The Secretary may require such additional small businesses; and objection, the amendment is agreed to. terms and conditions in connection with a (II) the opportunities for small business The amendment (No. 4104) was agreed conveyance under this section as the Sec- owners to meet and interact with Army pro- to. retary considers appropriate to protect the curement personnel; and Mr. LEVIN. I move to reconsider the interests of the United States. (ii) any change or projected change in the vote. Mr. LEVIN. Mr. President, the use of consolidated contracts and bundled Mr. ALLARD. I move to lay that mo- contracts; and amendment has been cleared. (3) a description of the Army’s plan to ad- tion on the table. The PRESIDING OFFICER. Without The motion to lay on the table was dress any negative impact on small business objection, the amendment is agreed to. participation in Army procurement, to the agreed to. The amendment (No. 4105) was agreed extent such impact is identified in the re- AMENDMENT NO. 4105 to. port. Mr. ALLARD. Mr. President, on be- Mr. ALLARD. I move to reconsider (c) TIME FOR SUBMISSION.—The report half of Senator KYL, I offer an amend- the vote. under this section shall be due 15 months ment which would authorize the trans- after the date of the establishment of the Mr. LEVIN. I move to lay that mo- Army Contracting Agency. fer of the DF–9E Panther aircraft to tion on the table. The PRESIDING OFFICER. Without the Women Air Force Service Pilots The motion to lay on the table was Museum. objection, the amendment is agreed to. agreed to. The amendment (No. 4106) was agreed The PRESIDING OFFICER. The AMENDMENT NO. 4106 to. clerk will report the amendment. Mr. LEVIN. Mr. President, on behalf Mr. LEVIN. I move to reconsider the The legislative clerk read as follows: of Senator KERRY, I offer an amend- vote. The Senator from Colorado [Mr. ALLARD], ment which would require the Army to Mr. ALLARD. I move to lay that mo- for Mr. KYL, proposes an amendment num- report to Congress on the impact that tion on the table. bered 4105. a proposed reorganization of con- The motion to lay on the table was Mr. ALLARD. Mr. President, I ask tracting authority will have on small agreed to. unanimous consent that the reading of business. I send the amendment to the AMENDMENT NO. 4107 the amendment be dispensed with. desk and ask for its immediate consid- Mr. ALLARD. Mr. President, on be- The PRESIDING OFFICER. Without eration. half of Senator SANTORUM, I offer an objection, it is so ordered. The PRESIDING OFFICER. The amendment that would authorize an The amendment is as follows: clerk will report the amendment. increase of $1 million for procurement (Purpose: To authorize the transfer of a DF– The legislative clerk read as follows: of M821A1 high explosive insensitive 9E Panther aircraft to the Women Airforce The Senator from Michigan [Mr. LEVIN], munition and would authorize a de- Service Pilots Museum) for Mr. KERRY, for himself, Mr. BOND, and crease of $1 million for the procure- At the end of subtitle E of title X, add the Mrs. CARNAHAN, proposes an amendment ment of the CH–47 crashworthy seat following: numbered 4106. modification. SEC. 1065. TRANSFER OF HISTORIC DF–9E PAN- Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. The THER AIRCRAFT TO WOMEN clerk will report the amendment. AIRFORCE SERVICE PILOTS MU- unanimous consent that the reading of SEUM. the amendment be dispensed with. The legislative clerk read as follows: (a) AUTHORITY TO CONVEY.—The Secretary The PRESIDING OFFICER. Without The Senator from Colorado [Mr. ALLARD], of the Navy may convey, without consider- objection, it is so ordered. for Mr. SANTORUM, proposes an amendment numbered 4107. ation, to the Women Airforce Service Pilots The amendment is as follows: Museum in Quartzsite, Arizona (in this sec- Mr. ALLARD. Mr. President, I ask tion referred to as the ‘‘W.A.S.P. museum’’), (Purpose: To require the Secretary of the unanimous consent that the reading of all right, title, and interest of the United Army to submit a report on the effects of the Army Contracting Agency on small the amendment be dispensed with. States in and to a DF–9E Panther aircraft The PRESIDING OFFICER. Without (Bureau Number 125316). The conveyance business participation in Army procure- ment) objection, it is so ordered. shall be made by means of a conditional deed The amendment is as follows: of gift. On page 194, between lines 13 and 14, insert (Purpose: To add $1,000,000 for the Army for (b) CONDITION OF AIRCRAFT.—The aircraft the following: procurement of M821A1 High Explosive shall be conveyed under subsection (a) in ‘‘as SEC. 828. REPORT ON EFFECTS OF ARMY CON- (HE) insensitive munition for the 81-milli- is’’ condition. The Secretary is not required TRACTING AGENCY. meter mortar, and to offset the increase by to repair or alter the condition of the air- (a) IN GENERAL.—The Secretary of the reducing the amount provided for the craft before conveying ownership of the air- Army shall submit a report on the effects of Army for aircraft procurement for CH–47 craft. the establishment of an Army Contracting cargo helicopter modifications, for the pro- (c) REVERTER UPON BREACH OF CONDI- Agency on small business participation in curement of commercial, off-the-shelf, TIONS.—The Secretary shall include in the Army procurements during the first year of instrument of conveyance of the aircraft operation of such an agency to— crashworthy seats by $1,000,000) under subsection (a)— (1) the Committee on Armed Services of On page 13, line 18, increase the amount by (1) a condition that the W.A.S.P. museum the House of Representatives; $1,000,000. not convey any ownership interest in, or (2) the Committee on Armed Services of On page 13, line 14, reduce the amount by transfer possession of, the aircraft to any the Senate; $1,000,000. other party without the prior approval of the (3) the Committee on Small Business of the Mr. LEVIN. The amendment has been Secretary; and House of Representatives; and cleared.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6087 Mr. ALLARD. It has been cleared on consecutive months during which the mem- ment of interest and any special allowance this side also. ber is eligible under subsection (b). on a loan to a member of the Armed Forces The PRESIDING OFFICER. Without ‘‘(e) FUNDS FOR PAYMENTS.—Appropria- that is made, insured, or guaranteed under objection, the amendment is agreed to. tions available for the pay and allowances of this part, the Secretary shall pay the inter- military personnel shall be available for pay- est and special allowance on such loan as due The amendment (No. 4107) was agreed ments under this section. for a period not in excess of 36 consecutive to. ‘‘(f) COORDINATION.—(1) The Secretary of months. The Secretary may not pay interest Mr. ALLARD. Mr. President, I move Defense and, with respect to the Coast Guard or any special allowance on such a loan out to reconsider the vote. when it is not operating as a service in the of any funds other than funds that have been Mr. LEVIN. I move to lay that mo- Navy, the Secretary of Transportation shall so transferred. tion on the table. consult with the Secretary of Education re- ‘‘(2) FORBEARANCE.—During the period in The motion to lay on the table was garding the administration of the authority which the Secretary is making payments on agreed to. under this section. a loan under paragraph (1), the lender shall ‘‘(2) The Secretary concerned shall transfer grant the borrower forbearance in accord- AMENDMENT NO. 4108 to the Secretary of Education the funds nec- ance with the guaranty agreement under Mr. LEVIN. On behalf of Senators essary— subsection (c)(3)(A)(i)(IV). CLELAND, HUTCHINSON, and KENNEDY, I ‘‘(A) to pay interest and special allowances ‘‘(3) SPECIAL ALLOWANCE DEFINED.—For the offer an amendment which would au- on student loans under this section (in ac- purposes of this subsection, the term ‘special thorize the Secretary of Defense to pay cordance with sections 428(o), and 464(j) of allowance’, means a special allowance that is interest on student loans of service the Higher Education Act of 1965 (20 U.S.C. payable with respect to a loan under section 1078(o), 1087e(a), and 1087dd(j)); and members for 3 years during their first 438 of this Act.’’. ‘‘(B) to reimburse the Secretary of Edu- (c) FEDERAL PERKINS LOANS.—Section 464 term of service. cation for any reasonable administrative of the Higher Education Act of 1965 (20 U.S.C. The PRESIDING OFFICER. The costs incurred by the Secretary in coordi- 1087dd) is amended— clerk will report the amendment. nating the program under this section with (1) in subsection (e)— The legislative clerk read as follows: the administration of the student loan pro- (A) by striking ‘‘or’’ at the end of para- The Senator from Michigan [Mr. LEVIN], grams under parts B, D, and E of title IV of graph (1); for Mr. CLELAND, for himself, Mr. HUTCH- the Higher Education Act of 1965. (B) by striking the period at the end of ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this INSON, and Mr. KENNEDY, proposes an amend- paragraph (2) and inserting ‘‘; or’’; and ment numbered 4108. section, the term ‘special allowance’ means a (C) by adding at the end the following new special allowance that is payable under sec- paragraph: Mr. LEVIN. Mr. President, I ask tion 438 of the Higher Education Act of 1965 ‘‘(3) the borrower is eligible for interest unanimous consent that the reading of (20 U.S.C. 1087–1).’’. payments to be made on such loan for serv- the amendment be dispensed with. (2) The table of sections at the beginning of ice in the Armed Forces under section 2174 of The PRESIDING OFFICER. Without such chapter is amended by adding at the title 10, United States Code, and, pursuant to objection, it is so ordered. end the following new item: that eligibility, the interest on such loan is The amendment is as follows: ‘‘2174. Interest payment program: members being paid under subsection (j), except that the form of a forbearance under this para- (Purpose: To authorize the payment of inter- on active duty.’’. graph shall be a temporary cessation of all est on student loans of members of the (b) FEDERAL FAMILY EDUCATION LOANS AND payments on the loan other than payments Armed Forces) DIRECT LOANS.—(1) Subsection (c)(3) of sec- tion 428 of the Higher Education Act of 1965 of interest on the loan that are made under On page 148, after line 22, add the fol- subsection (j).’’; and lowing: (20 U.S.C. 1078) is amended— (A) in clause (i) of subparagraph (A)— (2) by adding at the end the following new SEC. 655. PAYMENT OF INTEREST ON STUDENT (i) by striking ‘‘or’’ at the end of subclause subsection: LOANS. (II); ‘‘(j) ARMED FORCES STUDENT LOAN INTER- (a) AUTHORITY.—(1) Chapter 109 of title 10, (ii) by inserting ‘‘or’’ at the end of sub- EST PAYMENT PROGRAM.— United States Code, is amended by adding at clause (III); and ‘‘(1) AUTHORITY.—Using funds received by the end the following new section: (iii) by adding at the end the following new transfer to the Secretary under section 2174 ‘‘§ 2174. Interest payment program: members subclause: of title 10, United States Code, for the pay- on active duty ‘‘(IV) is eligible for interest payments to be ment of interest on a loan made under this ‘‘(a) AUTHORITY.—(1) The Secretary con- made on such loan for service in the Armed part to a member of the Armed Forces, the cerned may pay in accordance with this sec- Forces under section 2174 of title 10, United Secretary shall pay the interest on the loan tion the interest and any special allowances States Code, and, pursuant to that eligi- as due for a period not in excess of 36 con- that accrue on one or more student loans of bility, the interest is being paid on such loan secutive months. The Secretary may not pay an eligible member of the armed forces. under subsection (o);’’; interest on such a loan out of any funds ‘‘(2) The Secretary of a military depart- (B) in clause (ii)(II) of subparagraph (A), by other than funds that have been so trans- ment may exercise the authority under para- inserting ‘‘or (i)(IV)’’ after ‘‘clause (i)(II)’’; ferred. graph (1) only if approved by the Secretary and ‘‘(2) FORBEARANCE.—During the period in of Defense and subject to such requirements, (C) by striking subparagraph (C) and in- which the Secretary is making payments on conditions, and restrictions as the Secretary serting the following: a loan under paragraph (1), the institution of of Defense may prescribe. ‘‘(C) shall contain provisions that specify higher education shall grant the borrower ‘‘(b) ELIGIBLE PERSONNEL.—A member of that— forbearance in accordance with subsection the armed forces is eligible for the benefit ‘‘(i) the form of forbearance granted by the (e)(3).’’. under subsection (a) while the member— lender pursuant to this paragraph, other (d) EFFECTIVE DATE.—The amendments ‘‘(1) is serving on active duty in fulfillment than subparagraph (A)(i)(IV), shall be tem- made by this section shall apply with respect of the member’s first enlistment in the porary cessation of payments, unless the to interest, and any special allowance under armed forces or, in the case of an officer, is borrower selects forbearance in the form of section 438 of the Higher Education Act of serving on active duty and has not com- an extension of time for making payments, 1965, that accrue for months beginning on or pleted more than three years of service on or smaller payments than were previously after October 1, 2003, on student loans de- active duty; scheduled; and scribed in subsection (c) of section 2174 of ‘‘(2) is the debtor on one or more unpaid ‘‘(ii) the form of forbearance granted by title 10, United States Code (as added by sub- loans described in subsection (c); and the lender pursuant to subparagraph section (a)), that were made before, on, or ‘‘(3) is not in default on any such loan. (A)(i)(IV) shall be the temporary cessation of after such date to members of the Armed Forces who are on active duty (as defined in ‘‘(c) STUDENT LOANS.—The authority to all payments on the loan other than pay- make payments under subsection (a) may be ments of interest on the loan, and payments section 101(d) of title 10, United States Code) exercised with respect to the following loans: of any special allowance payable with re- on or after that date. ‘‘(1) A loan made, insured, or guaranteed spect to the loan under section 438 of this Mr. ALLARD. The amendment has under part B of title IV of the Higher Edu- Act, that are made under subsection (o); been cleared on this side. cation Act of 1965 (20 U.S.C. 1071 et seq.). and’’. The PRESIDING OFFICER. Without ‘‘(2) A loan made under part D of such title (2) Section 428 of such Act is further objection, the amendment is agreed to. (20 U.S.C. 1087a et seq.). amended by adding at the end the following The amendment (No. 4108) was agreed ‘‘(3) A loan made under part E of such title new subsection: to. (20 U.S.C. 1087aa et seq.). ‘‘(o) ARMED FORCES STUDENT LOAN INTER- ‘‘(d) MAXIMUM BENEFIT.—The months for EST PAYMENT PROGRAM.— Mr. LEVIN. Mr. President, I move to which interest and any special allowance ‘‘(1) AUTHORITY.—Using funds received by reconsider the vote. may be paid on behalf of a member of the transfer to the Secretary under section 2174 Mr. ALLARD. I move to lay that mo- armed forces under this section are any 36 of title 10, United States Code, for the pay- tion on the table.

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6088 CONGRESSIONAL RECORD — SENATE June 26, 2002 The motion to lay on the table was which would revise the language in sec- ment to the desk to authorize the Sec- agreed to. tion 2841 of the bill authorizing trans- retary of Defense to waive the time-in- AMENDMENT NO. 4109 fer of funds from the Air Force to the grade requirement for officers in the Mr. ALLARD. Mr. President, on be- U.S. Fish and Wildlife Service to carry grades of 0–4 and above as set forth in half of Senator SANTORUM, I offer an out the terms of a provision in the Na- section 1370 of title 10, United States amendment which provides key ena- tional Defense Authorization Act for Code. bling robotics technologies that will fiscal year 2000 relative to a land with- The PRESIDING OFFICER. The support Army, Navy, and Air Force ro- drawal at Nellis Air Force Base, NV. clerk will report the amendment. The PRESIDING OFFICER. The botics and unmanned military plat- The legislative clerk read as follows: clerk will report the amendment. The Senator from Colorado [Mr. ALLARD], forms. The legislative clerk read as follows: The PRESIDING OFFICER. The for Mr. LOTT, proposes an amendment num- The Senator from Michigan [Mr. LEVIN], clerk will report the amendment. bered 4111. for Mr. REID, proposes an amendment num- Mr. ALLARD. I ask unanimous con- Mr. LEVIN. Mr. President, I ask that bered 4110. sent reading of the amendment be dis- the clerk withhold the reading of that Mr. LEVIN. Mr. President, I ask for one moment. pensed with. unanimous consent that the reading of The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the amendment be dispensed with. clerk will withhold. objection, it is so ordered. The PRESIDING OFFICER. Without The amendment is as follows: Mr. LEVIN. I suggest the absence of objection, it is so ordered. a quorum. The amendment is as follows: (Purpose: To add restrictions on the pro- posed authority for reducing the minimum The PRESIDING OFFICER. The (Purpose: To provide alternative authority clerk will call the roll. period of service in grades above 0-4 for eli- regarding the transfer of funds for the ac- gibility to be retired in highest grade held) The legislative clerk proceeded to quisition of replacement property for Na- On page 2, strike lines 4 through 6, and in- tional Wildlife Refuge system lands in Ne- call the roll. sert the following: vada) Mr. ALLARD. Mr. President, I ask (a) OFFICERS ON ACTIVE DUTY.—Subsection unanimous consent that the order for Strike section 2841, relating to a transfer (a)(2)(A) of section 1370 of title 10, United the quorum call be rescinded. of funds in lieu of acquisition of replacement States Code, is amended— The PRESIDING OFFICER. Without property for National Wildlife Refuge system (1) by striking ‘‘may authorize’’ and all in Nevada, and insert the following: objection, it is so ordered. that follows and inserting ‘‘may, in the case SEC. 2841. TRANSFER OF FUNDS FOR ACQUISI- The Senator from Colorado. of retirements effective during the period be- TION OF REPLACEMENT PROPERTY ginning on September 1, 2002, and ending on Mr. ALLARD. Mr. President, I have FOR NATIONAL WILDLIFE REFUGE December 31, 2004, authorize—’’; and an amendment on behalf of Senator SYSTEM LANDS IN NEVADA. (a) TRANSFER OF FUNDS AUTHORIZED.—(1) (2) by adding at the end the following: SANTORUM, which I believe is at the The Secretary of the Air Force may, using ‘‘(1) the Deputy Under Secretary of Defense desk, which authorizes $1 million for amounts authorized to be appropriated by for Personnel and Readiness to reduce such the Civil Reserve Space Service, and to section 2304(a), transfer to the United States 3-year period of required service to a period offset by a million dollars the CH–47 Fish and Wildlife Service $15,000,000 to fulfill not less than two years for retirements in cargo helicopter commercial, off-the- the obligations of the Air Force under sec- grades above colonel or, in the case of the shelf, crashworthy seats. tion 3011(b)(5)(F) of the Military Lands With- Navy, captain; and The PRESIDING OFFICER. The drawal Act of 1999 (title XXX of Public Law ‘‘(2) the Secretary of a military depart- ment or the Assistant Secretary of a mili- clerk will report the amendment. 106–65; 113 Stat. 889). (2) Upon receipt by the Service of the funds tary department having responsibility for The legislative clerk read as follows: transferred under paragraph (1), the obliga- manpower and reserve affairs to reduce such The Senator from Colorado [Mr. ALLARD], tions of the Air Force referred to in that 3-year period to a period of required service for Mr. SANTORUM, proposes an amendment paragraph shall be considered fulfilled. not less than two years for retirements in numbered 4109. (b) CONTRIBUTION TO FOUNDATION.—(1) The grades of lieutenant colonel and colonel or, The PRESIDING OFFICER. The United States Fish and Wildlife Service may in the case of the Navy, commander and cap- clerk will report the amendment. grant funds received by the Service under tain.’’. subsection (a) in a lump sum to the National (b) RESERVE OFFICERS.—Subsection (d)(5) Mr. ALLARD. Mr. President, I ask Fish and Wildlife Foundation for use in ac- of such section is amended— unanimous consent that the reading of complishing the purposes of section (1) in the first sentence— the amendment be dispensed with. 3011(b)(5)(F) of the Military Lands With- (A) by striking ‘‘may authorize’’ and all The PRESIDING OFFICER. Without drawal Act of 1999. that follows and inserting ‘‘may, in the case objection, it is so ordered. (2) Funds received by the Foundation of retirements effective during the period be- The amendment is as follows: under paragraph (1) shall be subject to the ginning on September 1, 2002, and ending on provisions of the National Fish and Wildlife December 31, 2004, authorize—’’; and (Purpose: To add $1,000,000 for the Air Force Foundation Establishment Act (16 U.S.C. for RDT&E for space and missile oper- (B) by adding at the end the following: 3701 et seq.), other than section 10(a) of that ‘‘(A) the Deputy Under Secretary of De- ations, Civil Reserve Space Service (CRSS) Act (16 U.S.C. 3709(a)). initiative (PE 305173F), and to offset the in- fense for Personnel and Readiness to reduce crease by reducing the amount provided for The PRESIDING OFFICER. Without such 3-year period of required service to a pe- the Army aircraft procurement, CH–47 objection, the amendment is agreed to. riod not less than two years for retirements cargo helicopter COTS crashworthy seats The amendment (No. 4110) was agreed in grades above colonel or, in the case of the by $1,000,000) to. Navy, captain; and Mr. LEVIN. Mr. President, I move to ‘‘(B) the Secretary of a military depart- On page 23, line 24, increase the amount by ment or the Assistant Secretary of a mili- $1,000,000. reconsider the vote. Mr. ALLARD. I move to lay that mo- tary department having responsibility for On page 13, line 14, reduce the amount by manpower and reserve affairs to reduce such $1,000,000. tion on the table. 3-year period of required service to a period Mr. LEVIN. The amendment has been The motion to lay on the table was not less than two years for retirements in cleared. agreed to. grades of lieutenant colonel and colonel or, Mr. LEVIN. I suggest the absence of The PRESIDING OFFICER. Without in the case of the Navy, commander and cap- a quorum. tain.’’; objection, the amendment is agreed to. The PRESIDING OFFICER. The The amendment (No. 4109) was agreed (2) by designating the second sentence as clerk will call the roll. paragraph (6) and realigning such paragraph, to. The assistant legislative clerk pro- as so redesignated 2 ems from the left mar- Mr. ALLARD. Mr. President, I move ceeded to call the roll. gin; and to reconsider the vote. Mr. LEVIN. Mr. President, I ask (3) in paragraph (6), as so redesignated, by Mr. LEVIN. I move to lay that mo- unanimous consent the order for the striking ‘‘this paragraph’’ and inserting tion on the table. quorum call be rescinded. ‘‘paragraph (5)’’. The motion to lay on the table was The PRESIDING OFFICER. Without (c) ADVANCE NOTICE TO THE PRESIDENT AND agreed to. objection, it is so ordered. CONGRESS.—Such section is further amended by adding at the end the following new sub- AMENDMENT NO. 4110 AMENDMENT NO. 4111 section: Mr. LEVIN. Mr. President, on behalf Mr. ALLARD. Mr. President, on be- ‘‘(e) ADVANCE NOTICE TO CONGRESS.—(1) Senator REID, I offer an amendment half of Senator LOTT, I send an amend- The Secretary of Defense shall notify the

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6089 Committees on Armed Services of the Senate just the first of many—to call to the hopes will be the next step that this and House of Representatives of— attention of the Senate, and indeed to particular controversy might take? ‘‘(A) an exercise of authority under para- call to the attention of the courts, that Mr. NELSON of Florida. Indeed, graph (2)(A) of subsection (a) to reduce the 3- I think there is substantial legal jus- year minimum period of required service on under our constitutional system—that active duty in a grade in the case of an offi- tification. There is a huge difference is part of what I wanted to point out, cer to whom such paragraph applies before between separation of church and and I pointed out to the Senate earlier the officer is retired in such grade under state—which we all support—and the today—we have a mechanism of checks such subsection without having satisfied separation of the state and of God. and balances. The check and balance that 3-year service requirement; and There is a huge difference. here is the right of appeal from this ‘‘(B) an exercise of authority under para- The opening ceremony of the U.S. court of appeals in San Francisco to graph (5) of subsection (d) to reduce the 3- Senate each morning that we go into the U.S. Supreme Court. year minimum period of service in grade re- session is a very solemn occasion. quired under paragraph (3)(A) of such sub- I have the confidence that the Su- Overlooking this Chamber are the preme Court’s nine Justices rep- section in the case of an officer to whom words inscribed in gold, above the mid- such paragraph applies before the officer is resenting the entire Nation would un- credited with satisfactory service in such dle entrance into this Chamber, above derstand the difference between separa- grade under subsection (d) without having the two stately columns—inscribed in tion of church and state as being the satisfied that 3-year service requirement. gold: ‘‘In God We Trust.’’ difference between the separation of The opening ceremony, for those who ‘‘(2) The requirement for a notification the state and God. under paragraph (1) is satisfied in the case of have not participated in it, is a most an officer to whom subsection (c) applies if solemn occasion about which the histo- As I was saying, the dignity of this the notification is included in the certifi- rian of this Chamber, one of our own, institution is started off each day cation submitted with respect to such officer the distinguished senior Senator from under the watchful words inscribed in under paragraph (1) of such subsection. gold above the center door, ‘‘In God We ‘‘(3) The notification requirement under West Virginia—who has been in Con- gress, if not over a half a century, cer- Trust,’’ with an opening ceremony in paragraph (1) does not apply to an officer which the position of the Chaplain is being retired in the grade of lieutenant colo- tainly close to it, Senator BYRD—has nel or colonel or, in the case of the Navy, taken it upon himself to educate the actually elevated above the Presiding commander or captain.’’. freshman Senators as to the dignity, Officer until the Chaplain delivers the The PRESIDING OFFICER. The the decorum, and the solemnity of the opening prayer which opens the busi- question is on agreeing to the amend- opening ceremony. ness of the Senate. ment of the Senator from Mississippi. When the opening bells ring and Furthermore, I point out to our col- The amendment (No. 4111) was agreed those two doors to the left of the ros- leagues that as part of our constitu- to. trum open, in walks the Presiding Offi- tional heritage—including the Con- Mr. ALLARD. I move to reconsider cer accompanied by the Senate Chap- stitution—one of the most important the vote. lain or the especially designated Chap- documents in our governmental ar- Mr. LEVIN. I move to lay that mo- lain for the day. chives is the Declaration of Independ- tion on the table. As the Presiding Officer walks in and ence. I call to the attention of the Sen- I suggest the absence of a quorum. starts to mount the rostrum, the Pre- ate the words of the second paragraph: The PRESIDING OFFICER. The siding Officer steps up three of the four We hold these truths to be self-evident, clerk will call the roll. steps but does not ascend on the fourth that men are created equal, that they are en- The assistant legislative clerk pro- step, which is the level of the Presiding dowed by their Creator with certain inalien- ceeded to call the roll. Officer’s desk and chair. Rather, the able Rights, that among these are Life, Lib- Mr. LEVIN. Mr. President, I ask Presiding Officer remains on the third erty and the pursuit of Happiness. unanimous consent the proceedings step as the Chaplain ascends to the Then I point out that there are simi- under the quorum call be rescinded. higher level, the level of the rostrum. lar words at the end of the Declaration: The PRESIDING OFFICER. Without This is the symbolic act. It is a sym- And for the support of this Declaration, objection, it is so ordered. bolic act of raising the dignity of the with a firm reliance on the protection of di- Mr. LEVIN. I ask unanimous consent position of the Chaplain of the Senate, vine Providence, we mutually pledge to each Senator NELSON be recognized as in or the designated Chaplain of the Sen- other our Lives, our Fortunes and our sacred morning business and that we then re- ate for the day, recognizing and ele- Honor. turn immediately to the pending vating the deity, or the representative I have the confidence to know that amendment. of divine providence to that position. when there is a judicial opinion that I The PRESIDING OFFICER. Without We do that each day in the Senate. think so violates the national under- Mr. JOHNSON. Mr. President, will objection, it is so ordered. standing and national sense of the The Senator from Florida. the Senator yield for a question? proper perspective of a state and divine f Mr. NELSON of Florida. I am happy to yield to the distinguished Senator providence as opposed to the issue that THE PLEDGE from South Dakota. we all support, the separation of Mr. NELSON of Florida. Mr. Presi- Mr. JOHNSON. I share the shock and church and state so that anyone can dent, a few minutes ago, late-breaking dismay expressed by my colleague, my worship as they wish if at all, then I news was called to our attention. As a friend from Florida, over the ruling of think that distinction needs to be matter of fact, it was while we were de- the Ninth Circuit Court relative to the clearly made as well as it needs to be bating the Scott Speicher amendment, Pledge of Allegiance in our schools. reminded of all of the historical signifi- which was adopted unanimously on Without having read the decision, cance of our reliance upon divine provi- this Defense authorization bill. Sadly, I other than what has been released dence that is a part of the very fabric have confirmed that that news is accu- within the hour through the media, it of this Nation, of this Government, and rate. A Reuters statement says: would appear that ruling of the three- of the documents upon which this Gov- ernment was founded. A Federal appeals court found the U.S. judge panel of the Ninth Circuit—the Pledge of Allegiance unconstitutional on Senator will concur that this is only I see the great Senator from Con- Wednesday, saying it was illegal to ask U.S. one of our appellate circuits—applies necticut standing and I am anxious to schoolchildren to vow fealty to one Nation only to the States of that circuit. hear what he has to say. Should all else under God. Certainly, it would be my hope that fail, even in a judicial interpretation, The Ninth Circuit Court of Appeals this matter would be appealed to the there is another check and balance in San Francisco overturned a 1954 act U.S. Supreme Court, and that the Su- given to us by this document; that is, of Congress that added ‘‘under God’’ to preme Court would not accept this de- the will of this Nation can be expressed the pledge, saying the words violated cision and, hopefully, in my view, over- by the amending or an addition to this the basic constitutional tenet of sepa- rule the Ninth Circuit Court of Ap- document, the Constitution. We can ration of church and state. peals. start right here in this legislative body It is with a heavy heart that I would Is that the progression of events that by the process of adding to the Con- have to take the floor—I imagine I am my friend and colleague from Florida stitution, amending the Constitution

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6090 CONGRESSIONAL RECORD — SENATE June 26, 2002 by the legislative branch’s initiative of endowed by their Creator with certain served in World War I as a doctor in proposing a constitutional amendment. unalienable Rights, that among these are the trenches. He was wounded and I have great confidence in the sys- Life, Liberty and the pursuit of Happiness. highly decorated. And he carried, in his tem—that this judicial decision by the So that the premise of the rights tunic, throughout every hour of the Ninth Circuit Court of Appeals is not that have distinguished America for day, his prayer book which his mother going to stand. the 226 years since, that were embraced had given him. And he noted in it every I yield the floor. in the Constitution as an expression of single battle and engagement he was in The PRESIDING OFFICER (Mrs. the declaration, all come from God, not which he tended to the sick and the CLINTON). The Senator from Con- from the Framers and the Founders, as wounded and those who died. necticut is recognized. gifted as they were, not from the phi- Mr. LIEBERMAN. I appreciate my Mr. LIEBERMAN. I thank the Chair. losophers of the enlightenment who af- friend from Virginia sharing that mov- Madam President, I rise to join my fected their judgments, but were the ing story. friend and colleague from Florida, Sen- endowment of our Creator. I will conclude in a moment because ator NELSON, in expressing dismay, And that judgment has framed our I know—— outrage, and amazement at the news history in two ways. It has been the Mr. REID. Will the Senator yield for today of the decision by the Ninth Cir- basis of our rights because it is from a question? cuit Court declaring the recitation of our shared belief in God, and the foun- Mr. LIEBERMAN. Of course I will the Pledge of Allegiance unconstitu- dation place it has in our system of yield to my friend from Nevada. tional. government, as stated right here in the Mr. REID. I know the Senator from I say to my friends from Florida and first statement of the first Americans, Connecticut had a distinguished legal friends in the Chamber, when my staff the Declaration of Independence, that career prior to coming here. I believe members told me this, I, frankly, we are all children of the same God. the Senator was attorney general of thought they were joking. This is a de- That means we all have the rights. the State of Connecticut; is that right? cision that offends our national moral- It also has meant that we feel a deep Mr. LIEBERMAN. That is correct. ity, that rejects the most universally sense of unity with one another. I re- Mr. REID. I practiced law many shared values of our country, that di- member, after the terrible events of years prior to coming back here and minishes our unity, and that attempts September 11, how struck I was by the tried lots and lots of cases. We had a to undercut our strength at a time classically American reaction that not rule that when a judge ruled contrary after September 11 when we need the only at that moment when we were so to the interests of your client, you strength, unity, and our shared belief shaken by the horror of inhumanity of were not to comment on the judge. in God which has historically brought what had happened did we go to our I say to my friend, I am not con- the American people together, and does houses of worship to ask for strength strained in this instance. I can say so today. and purpose and comfort, we went to anything I want about the judge who There may have been a more sense- each other’s houses of worship—that is wrote that opinion. And I say to my less, ridiculous decision issued by a the American way—and gained friend from Connecticut, that judge, court somewhere at some time, but I strength and purpose from it. who is no youngster, was appointed. He Mr. WARNER. Madam President, will have never heard of it. I find the deci- graduated from law school in 1951 and the Senator yield? was appointed by President Nixon to be sion by this court hard to believe. We are privileged to serve on the I remember a day, I say to my a member of the Ninth Circuit Court of Armed Services Committee. Appeals. friends, a decade or so ago when the When I first heard of this, I thought I say to my friend, it is things like Supreme Court issued a ruling saying to myself about the hundreds and hun- that that take away from what I think that it was unconstitutional for a cler- dreds and hundreds of thousands of is a great institution; that is, the peo- gymen—in that case, it was a Rabbi— men and women who have worn the ple who serve in the bar of the United to give an invocation at a high school uniform of our country and have gone States, lawyers. graduation in Rhode Island. I couldn’t beyond our shores to fight for freedom. This is just so meaningless, so sense- believe that decision. In some sense All of them were proud to stand in less, so illogical. I cannot imagine that this decision is its progeny. It offends their schoolhouses and on their mili- a judge, who has graduated and been a the very basis of our rights as Ameri- tary bases, or whatever the case may lawyer for 50 years, more than 50 cans. be, and pledge allegiance to the flag of years—does the Senator from Con- My friend from Florida read from the the United States of America. Declaration of Independence. Accord- Madam President, I join my friends necticut have any idea how, logically, ing to their decision of the Ninth Cir- in expressing our grave concern over you could come up with an opinion cuit Court, the reading of the Declara- this opinion. such as this? I read the highlights of tion of Independence is unconstitu- Mr. LIEBERMAN. I thank my friend the opinion. It is, for me, illogical, ir- tional. from Virginia. rational. Can the Senator figure any If that isn’t turning logic and moral- I want to say a few words more. rationality to this opinion? ity on its head, I do not know what is, One is that your statement reminds Mr. LIEBERMAN. I thank my friend because the paragraph is the first me, my dad served in World War II. My from Nevada. statement by the Founders of our inde- dad passed away 18 years ago. One of In my opinion, having seen a precis pendence and the first declaration of the treasured possessions of his that I of the decision, it offends all logic. The the basis for our rights that have so have is a small Bible that he was given facts of the circumstances are that stu- distinguished our history in the 226 with a written statement in it from dents, by previous court decisions, are years since. President Roosevelt. All who served in allowed, if they are offended by a part First paragraph: defense of our liberty in World War II of the pledge that says we are ‘‘one na- When in the Course of human events . . . got similar Bibles—and to carry it with tion under God,’’ to not say the pledge and to assume among the powers of Earth, them as a source of strength. or, in fact, to leave the room. the separate and equal station to which the It has been my honor, each time I Secondly, this decision is the most Laws of Nature and Nature’s God entitle have been sworn in as a Senator up extreme and ridiculous expression of them. there, to put my hand on that Bible. It what I take to be a fundamental mis- Right there is the basis of the asser- meant a lot to me personally. understanding of the religion clauses of tion of independence—the rights that But under the twisted logic of this the Constitution, which, to me, prom- we have under ‘‘the Laws of Nature and decision, it was unconstitutional for ised—if you will allow me to put it this Nature’s God.’’ the U.S. military, the Pentagon, to way—freedom of religion, not freedom And then the second paragraph, fa- give my dad, and the generations of from religion. They protect the Amer- mous to every schoolchild and Amer- others since him, a Bible as a source of ican people against the establishment ican citizen: strength. of an official religion but have always, We hold these truths to be self-evident, Mr. WARNER. Madam President, I in the best of times, acknowledged the that all men are created equal, that they are have to say to my friend, my father reality that our very rights, our very

VerDate Mar 15 2010 20:57 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S26JN2.REC S26JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 26, 2002 CONGRESSIONAL RECORD — SENATE S6091 existence comes from an acknowledg- thing positive that comes out of it, it I say, God forbid, it is not overturned, ment of the authority and goodness of will unify this most religious and toler- then we will join to amend the Con- Almighty God, and that people of faith, ant of people. stitution to make clear that in this one throughout the 226 years since then, in We have found a way in this country, Nation of ours—because we are one Na- our history, are the ones who repeat- that is unique in world history, to ex- tion under God—we are one Nation be- edly have led movements that have press our shared faith in God, and to do cause of our faith in God, that the made the ideals of the Declaration and so in a way that has not excluded any- American people, children, forever for- the Constitution real—the abolition- one. I was privileged to benefit from ward will be able to stand and recite ists, the suffragettes, all those who that and feel that in a most personal the pledge. worked, beginning in the 19th century, and validating and inspiring way in the Mr. NELSON of Florida. Will the and then in the 20th century, on social election of 2000. Senator yield? welfare, child labor legislation, and, of So I thank the Senator from Nevada Mr. REID. If my two friends would course, the civil rights movement of and the Senator from Virginia. I thank allow me to propound a unanimous the 20th century. the Senator from Florida for initiating consent request, we waited for 2 days So I do not see any logic. In fact, I this discussion. I agree with him, this to do this. As soon as I complete this, think this decision offends logic. It will decision will be appealed. I hope and the Senator from Connecticut will re- outrage the public. And if there is any- trust it will be overturned. But if, may gain the floor.

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

ORDERS FOR THURSDAY, JUNE 27, There being no objection, the Senate, JOSE F. H. ATANGAN, 0000 JEFFREY S. BEST, 0000 2002 at 9:34 p.m., adjourned until Thursday, LAWRENCE J. GORDON, 0000 June 27, 2002, at 9:30 a.m. FREDRICK M. TETTELBACH II, 0000 Mr. REID. Mr. President, I ask unan- ZDENKA S. WILLIS, 0000 imous consent that when the Senate f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT completes its business tonight, it ad- TO THE GRADE INDICATED IN THE UNITED STATES NAVY NOMINATIONS journ until 9:30 a.m. tomorrow, Thurs- UNDER TITLE 10, U.S.C., SECTION 624: day, June 27; that following the prayer Executive nominations received by To be captain and the pledge, the Journal of pro- the Senate June 26, 2002: ROBERT J. FORD, 0000 KIRK N. HARNESS, 0000 ceedings be approved to date, the THE JUDICIARY WILLIAM E. LEIGHER, 0000 morning hour be deemed to have ex- RICHARD A. GRIFFIN, OF MICHIGAN, TO BE UNITED BOB R. NICHOLSON, 0000 pired, the time for the two leaders be STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE SCOTT A. STEPHENSON, 0000 DAMON J. KEITH, RETIRED. PAUL W. THRASHER, 0000 reserved for their use later in the day, DANIEL L. HOVLAND, OF NORTH DAKOTA, TO BE EDWIN F. WILLIAMSON, 0000 and the Senate be in a period of morn- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NORTH DAKOTA, VICE PATRICK A. CONMY, RETIRED. TO THE GRADE INDICATED IN THE UNITED STATES NAVY ing business until 10:30 a.m., with Sen- THOMAS W. PHILLIPS, OF TENNESSEE, TO BE UNITED UNDER TITLE 10, U.S.C., SECTION 624: ators permitted to speak for up to 10 STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TENNESSEE, VICE JAMES H. JARVIS II, RETIRED. To be captain minutes each, with the first half of the LINDA R. READE, OF IOWA, TO BE UNITED STATES DIS- time under the control of the Repub- TRICT JUDGE FOR THE NORTHERN DISTRICT OF IOWA, DAVID A. BELTON, 0000 VICE MICHAEL J. MELLOY, ELEVATED. HERBERT R. DUFF, 0000 lican leader or his designee, and the JOHN G. FAHLING, 0000 IN THE NAVY MICHAEL L. FAIR, 0000 second half of the time under the con- ROBERT J. FIEGL JR., 0000 trol of the majority leader or his des- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANK W. NICHOLS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM PAPPAS, 0000 ignee; that at 10:30 a.m. the Senate re- UNDER TITLE 10, U.S.C., SECTION 624: JAMES A. THOMPSON JR., 0000 sume consideration of the Department To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT of Defense authorization bill and vote ROXIE T. MERRITT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY on cloture on the bill; and, further, THOMAS P. VANLEUNEN JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: Senators have until 10 a.m. tomorrow JACQUELINE C. YOST, 0000 To be commander to file second-degree amendments to THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY A. BENDER, 0000 the bill. TO THE GRADE INDICATED IN THE UNITED STATES NAVY EDGAR D. BUCLATIN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER A. DOUR, 0000 The PRESIDING OFFICER. Without To be captain DONALD A. SEWELL, 0000 objection, it is so ordered. JOHN M. WALLACH, 0000 TRECI D. DIMAS, 0000 DAVID E. WERNER, 0000 f LEYDA J. HILERA, 0000 RITA L. JOHNSTON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RECITATION OF THE PLEDGE OF YOUNG O. KIM, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: ALLEGIANCE DAVID G. SIMPSON, 0000 To be captain Mr. REID. Mr. President, Senators THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY ALEXANDER P BUTTERFIELD, 0000 are encouraged by both the majority UNDER TITLE 10, U.S.C., SECTION 624: THOMAS R CROMPTON JR., 0000 leader and the Republican leader to be To be captain MARTIN J DEWING, 0000 TIMOTHY L DUVALL, 0000 in the Senate Chamber promptly at 9:30 STEPHEN W. BARTLETT, 0000 JAMES V HARDY, 0000 following the prayer that will be given TELFORD G. BOYER II, 0000 NORMAN R HAYES, 0000 THOMAS F. GLASS, 0000 THOMAS P MEEK, 0000 by the Chaplain. They will recite the ANTHONY S. HANKINS, 0000 CRAIG W PRUDEN, 0000 Pledge of Allegiance, based upon what JAMES M. TUNG, 0000 DANIEL J SMITH, 0000 PETER F SMITH, 0000 occurred in the Ninth Circuit today, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ELIZABETH L TRAIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY which has been a disappointment to UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the entire Senate. TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain UNDER TITLE 10, U.S.C., SECTION 624: f DAVID R. ARNOLD, 0000 To be captain ELLEN S. BRISTOW, 0000 ADJOURNMENT UNTIL 9:30 A.M. MAUREEN M. CAHILL, 0000 TERRY J BENEDICT, 0000 TOMORROW MARGARET R. W. REED, 0000 RICHARD D BERKEY, 0000 LORI F. TURLEY, 0000 ROBERT E CONNOLLY, 0000 Mr. REID. Mr. President, if there is JOHN C DAVIDSON, 0000 no further business to come before the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REID S DAVIS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ALBERT J GRECCO, 0000 Senate, I ask unanimous consent that UNDER TITLE 10, U.S.C., SECTION 624: JAMES G GREEN, 0000 the Senate stand in adjournment under To be captain JAMES R HUSS, 0000 DAVID C JOHNSON, 0000 the previous order. VICTOR G. ADDISON JR., 0000 STEPHEN D METZ, 0000

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THOMAS J MOORE, 0000 JEFFREY K GRUETZMACHER, 0000 CLIFFORD S SHARPE, 0000 SHEILA A PATTERSON, 0000 WILLIAM B HAFLICH, 0000 TROY M SHOEMAKER, 0000 AMY R SMITH, 0000 EARL HAMPTON JR., 0000 JAMES R SICKMIER, 0000 GLENN R SNYDER, 0000 STEPHEN W HAMPTON, 0000 JORGE SIERRA, 0000 RALPH T SOULE, 0000 JEFFREY HARBESON, 0000 MARTIN S SIMON, 0000 ROBERT M VERBOS, 0000 WILLIAM E HARDY, 0000 GEORGE S SMITH, 0000 FRANK J WEINGARTNER, 0000 SINCLAIR M HARRIS, 0000 PATRICK D SMITH, 0000 MARK S WELSH, 0000 MICHAEL D HAWLEY, 0000 JOHN J SORCE, 0000 EDWARD D WHITE III, 0000 JAMES D HEFFERNAN, 0000 KENNETH V SPIRO JR., 0000 GERALD L HEHE, 0000 MICHAEL J STAHL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS J HENNING, 0000 RONALD S STEED, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY A HESTERMAN, 0000 JAMES C STEIN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: NEIL W T HOGG, 0000 JAMES T STEWART, 0000 To be captain HAROLD H HOWARD III, 0000 FREDERICK M STRAUGHAN, 0000 ABIGAIL S HOWELL, 0000 JAMES R SULLIVAN, 0000 PETER D BAUMANN, 0000 JAMES A HUBBARD, 0000 GENE A SUMMERLIN II, 0000 STEPHEN A BURRIS, 0000 DAVID C HULSE, 0000 KENNETH A SWAN, 0000 JAMES M CLIFTON, 0000 KEVIN C HUTCHESON, 0000 REID S TANAKA, 0000 MARK E CONVERSE, 0000 PAUL D IMS JR., 0000 JAMES C TANNER, 0000 DAVID A DUNAWAY, 0000 KERRY D INGALLS, 0000 ROBERT S TEUFEL, 0000 DOROTHY J FREER, 0000 RAYMOND C IVIE, 0000 ALBERT A THOMAS, 0000 MICHAEL K GLEASON, 0000 DAVID W JACKSON, 0000 JONATHAN F TOBIAS, 0000 MICHAEL D HUFF, 0000 WALTER B JACKSON, 0000 BRIAN R TOON, 0000 DANIEL M LEE, 0000 MICHAEL L JORDAN, 0000 KEVIN M TORCOLINI, 0000 JEFFREY B MAURO, 0000 STEPHEN W JORDON, 0000 EDMUND L TURNER, 0000 JOHN W SCANLAN, 0000 JON W KAUFMANN, 0000 MICHAEL A WALLEY, 0000 RICHARD W SMITH, 0000 STEPHEN Z KELETY, 0000 TERRY L WASHBURN, 0000 ALLISON D WEBSTERGIDDINGS, 0000 DANIEL P KELLER, 0000 GERALD V WEERS, 0000 PATRICK D KELLER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TALA J WELCH, 0000 DAVID J KERN, 0000 ALAN C WESTPHAL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES P KING, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHARLES L WHEELER, 0000 MARGARET D KLEIN, 0000 PETER O WHEELER, 0000 To be captain ROBERT L KLOSTERMAN, 0000 SCOTT A WHITE, 0000 MATTHEW L KLUNDER, 0000 DOUGLAS L WHITENER, 0000 RUFUS S ABERNETHY III, 0000 ROBERT G KOPAS, 0000 CAROL A WILDER, 0000 MARK H ADAMSHICK, 0000 JOHN B KRATOVIL, 0000 CRAIG B WILLIAMS, 0000 JOSEPH C ADAN, 0000 JOSEPH W KUZMICK, 0000 GARY R WINDHORST, 0000 JOHN D ALEXANDER, 0000 GREGORY F LABUDA, 0000 ROBERT W WINSOR, 0000 SCOTT D ALTMAN, 0000 RICHARD B LANDOLT, 0000 DAVID B WOODS, 0000 ROBERT S ANDERSON, 0000 RONALD A LASALVIA, 0000 DAVID K WRIGHT, 0000 CHRISTOPHER P ARENDT, 0000 ERIC J LINDENBAUM, 0000 RAYMOND K WYNNE, 0000 STUART D BAILEY, 0000 KIRK S LIPPOLD, 0000 JAMES R YOHE, 0000 KELLY B BARAGAR, 0000 DALE E LITTLE, 0000 JOAN M ZITTERKOPF, 0000 ANTHONY P BARNES, 0000 PATRICK J LORGE, 0000 JOHN W BARNHILL, 0000 RICHARD W LOTH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TERESA A BARRETT, 0000 DANIEL G LYNCH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN E BARRINGTON, 0000 JOSEPH S LYON JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN P BARRON, 0000 GARRY R MACE, 0000 SCOTT B BAWDEN, 0000 TODD W MALLOY, 0000 To be commander DONALD L BEEM, 0000 THOMAS E MANGOLD JR., 0000 STEPHEN C BALLISTER, 0000 ROBERT A BELLITTO, 0000 MARY A MARGOSIAN, 0000 GREGG W BAUMANN, 0000 CHRISTOPHER R BERGEY, 0000 EDWARD J MARTIN JR., 0000 RICHARD P BLANK, 0000 GREGORY M BILLY, 0000 PAUL R MARTINEZ, 0000 DONALD R BRITTAIN JR., 0000 HAROLD F BISHOP, 0000 JOHN MCCANDLISH, 0000 JEFFREY A BURCHAM, 0000 MCWILLIAM V BOLLMAN, 0000 FRANCIS R MCCULLOCH, 0000 LARRY A CLAWSON JR., 0000 EDMOND L BOULLIANNE, 0000 MICHAEL MCKINNON, 0000 TIMOTHY J CORRIGAN, 0000 RANDALL G BOWDISH, 0000 ROBERT P MCLAUGHLIN JR., 0000 PATRICK COSTELLO, 0000 KEITH P BOWMAN, 0000 MICHAEL P MCNELLIS, 0000 KURTIS W CRAKE, 0000 TODD A BOYERS, 0000 PATRICK W MENAH, 0000 ROBERT A CROWE, 0000 PATRICK H BRADY, 0000 VITO M MENZELLA, 0000 JAMES P DOWNEY, 0000 WILLIAM S BRINKMAN, 0000 DEE L MEWBOURNE, 0000 MICHAEL W GILL, 0000 BARRY L BRUNER, 0000 DEWOLFE H MILLER, 0000 WILLIAM R GRAHAM, 0000 JOHN E BRUNS, 0000 KEVIN P MILLER, 0000 THOMAS P HEKMAN, 0000 JAMES R BURKE, 0000 SPENCER L MILLER, 0000 ANDREW A HERNANDEZ, 0000 BRUCE K BUTLER, 0000 TERRY T MILLER, 0000 GLENN D HOFERT, 0000 WILLIAM H CAMERON, 0000 ANTHONY E MITCHELL, 0000 CHRISTOPHER D HOLMES, 0000 JOEL M CANTRELL, 0000 PAUL O MONGER, 0000 ROBERT L JOHNSON, 0000 THOMAS S CARLSON, 0000 NORMAN B MOORE, 0000 PERNELL A JORDAN, 0000 THOMAS F CARNEY JR., 0000 EUGENE F MORAN, 0000 MARIA A KINNUNEN, 0000 JOSEPH CEREOLA, 0000 WILLIAM F MORAN, 0000 WILLIAM S KNOLL, 0000 MICHAEL B CHASE, 0000 PETER W MORFORD, 0000 DIDIER A LEGOFF, 0000 EDWARD M CHICOINE, 0000 JEFFREY L MORMAN, 0000 RODNEY K LUCK, 0000 JAMES B CLARK, 0000 PETER D MURPHY, 0000 BRIAN R MCGINNIS, 0000 JOSEPH M CLARKSON, 0000 JAMES R NAULT, 0000 GREGORY L REED, 0000 GEORGE A COLEMAN, 0000 JAIME NAVARRO, 0000 ANDREW W ROWE, 0000 WILLIAM L CONE JR., 0000 BRUCE W NICHOLS, 0000 MIGUEL G SANPEDRO, 0000 BRIAN S COVAL, 0000 JOHN W NICHOLSON, 0000 RICKY A SERAIVA, 0000 JAMES A CRABBE, 0000 STEVEN K NOCE, 0000 MICHAEL H SMITH, 0000 CARL W CRAMB, 0000 DAVID T NORRIS, 0000 STEVEN L STANCY, 0000 MICHAEL E CROSS, 0000 KENNETH J NORTON, 0000 JAMES E STEIN, 0000 PATRICK K CROTZER, 0000 GREGORY M NOSAL, 0000 LEON C STONE JR., 0000 WILLIAM P CUILIK, 0000 SEAN E OCONNOR, 0000 WILLIAM R TATE, 0000 BRUCE H CURRY, 0000 MICHAEL R OLMSTEAD, 0000 FRANK R THORNGREN JR., 0000 RICHARD W DANIEL, 0000 PATRICK E OROURKE, 0000 ROBERT T THORNLOW, 0000 STEVEN J DINOBILE, 0000 DAVID T OTT, 0000 THOMAS TOMAIKO, 0000 DAVID B DITTMER, 0000 JOE H PARKER, 0000 GARY A ULRICH, 0000 FREDERICK G DORAN, 0000 MARK D PATTON, 0000 CHRISTOPHER L WARREN, 0000 WILLIAM M DRAKE, 0000 MARTIN PAULAITIS, 0000 PAUL R WYNN, 0000 RANDY S DUHRKOPF, 0000 TILGHMAN D PAYNE, 0000 JEROME ZINNI, 0000 DANIEL C DUQUETTE, 0000 KENNETH M PERRY, 0000 PETER J FANTA, 0000 DAVID A PORTNER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE W FECHT, 0000 DANIEL E PRINCE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER P FEDYSCHYN, 0000 SEAN A PYBUS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: SUSAN E FICKLIN, 0000 LOYD E PYLE JR., 0000 To be commander JOHN E FIELD II, 0000 KAREN A RAYBURN, 0000 ROBERT C FIELD, 0000 JOHN M RICHARDSON, 0000 VERNON E BAGLEY, 0000 MICHAEL R FIERRO, 0000 ROBERT F RIEHL, 0000 TINA M BIGELOW, 0000 FREDERIC P FLIGHT, 0000 JAMES R RIGHTER JR., 0000 STANLEY G BURLINGAME, 0000 KENT V FLOWERS, 0000 DONALD P ROANE JR., 0000 DONNA D CANNON, 0000 JAMES G FOGGO III, 0000 JOHN E ROBERTI, 0000 JOHN W CHANDLER, 0000 MICHAEL T FRANKEN, 0000 DAVID C ROBERTSON JR., 0000 EUGENE D COSTELLO, 0000 PETER S FRANO, 0000 SCOTT A ROBINSON, 0000 MARCIAL B DUMLAO, 0000 JAMES W GALANIE, 0000 CRAIG A ROLL, 0000 HOWARD J HIGGINS, 0000 JAY S GALLAMORE, 0000 STEPHEN C RORKE, 0000 BRIGITTE HORNER, 0000 CHARLES M GAOUETTE, 0000 KENNETH C RYAN, 0000 PATRICK K LEARY, 0000 JAMES J GILLCRIST, 0000 WARREN S RYDER, 0000 KATHERINE A MAYER, 0000 SHAUN GILLILLAND, 0000 RONALD A SANDOVAL, 0000 JOHN D MCCRORIE II, 0000 MARK S GINDA, 0000 BARBARA L SCHOLLEY, 0000 LOURDES T NEILAN, 0000 LEONARD G GOFF, 0000 ROBERT S SCHRADER, 0000 BOYD T ZBINDEN, 0000 RICHARD W GOODWYN, 0000 PETER J SCIABARRA, 0000 BRIAN A GOULDING, 0000 RICHARD P SCUDDER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BENNY G GREEN, 0000 DANIEL R SEESHOLTZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS A GREEN, 0000 PATRICK F SEIDEL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JON A GREENE, 0000 STEPHEN M SENTEIO, 0000 To be commander STEPHEN GREENE, 0000 ROBERT A SHAFER, 0000 JOEL T GRINER JR., 0000 JAMES J SHANNON, 0000 WESTON J ANDERSON, 0000 RUSSELL J GROCKI, 0000 WAYNE D SHARER, 0000 NICHOLAS J CIPRIANO III, 0000

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JOHN M DIMENTO, 0000 MICHAEL V TREAT, 0000 SHARON M BITZER, 0000 ERIC L GOTTSHALL, 0000 ALFRED R TURNER, 0000 BRIAN R BLACK, 0000 CHRISTOPHER S T KENT, 0000 MICHAEL F WEBB, 0000 PHILLIP A BLACK, 0000 ROY R LEDESMA, 0000 CHARLES R BLAIR, 0000 DOUGLAS C MARBLE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONOVAN F BLAKE, 0000 JAMES T MONROE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DOUGLAS A BOERMAN, 0000 JOHN L MYKYTA, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JEAN P BOLAT, 0000 MICHAEL T NEITH, 0000 To be commander LEONARD H BORGDORFF, 0000 CHARLES L SCHILLING, 0000 BRADFORD L BOTKIN, 0000 MONTY G SPEARMAN, 0000 ALFREDO L ALMEIDA, 0000 JAY D BOTTELSON, 0000 STEPHEN C WOLL, 0000 STEPHEN M ANDERJACK, 0000 EARL C BOWERS, 0000 CLEMIA ANDERSON JR., 0000 ALAN L BOYER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NORMAN C ASH, 0000 MICHAEL E BOYLE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES E A BAKER, 0000 DANIEL E BOYLES, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY M BEATY, 0000 DWIGHT A BRANDON II, 0000 To be commander WILLIAM BOOZER, 0000 THOMAS P BRASEK, 0000 PEGGY R BURKE, 0000 CLARK V BRIGGER, 0000 KATHLEEN B DANIELS, 0000 JOSEPH C CASTELL, 0000 GRANT A BRIGGER, 0000 DAWN H DRIESBACH, 0000 JOHNNY D CHRISTENSEN, 0000 VOLTAIRE H BRION, 0000 STEPHANIE GAINER, 0000 DANIEL J COLE, 0000 JEFFREY B BRITTON, 0000 BETH J HANKINS, 0000 SCOTT C COLTON, 0000 GARY R BROOKS, 0000 KATHLEEN M JANAC, 0000 RONALD B DAVIS, 0000 BRADFORD L BROWN, 0000 DONNA M JOYAL, 0000 KENNETH B DEPEW, 0000 DAVID R BROWN, 0000 ELIZABETH M KIKLA, 0000 THOMAS W DILL, 0000 MARSHALL B BROWN, 0000 ANN R KUBERA, 0000 BRETT K EASLER, 0000 WILLIAM D BROWN III, 0000 THOMAS H MACRAE, 0000 LAURENCE W FITZPATRICK, 0000 STEVEN P BROWNE, 0000 SHARON L RODDY, 0000 TERRY A FORD, 0000 RICHARD R BRYANT, 0000 TERIANN SAMMIS, 0000 RICARDO GARZA, 0000 MICHAEL BUCHANAN, 0000 DARLENE R GUNTER, 0000 GREGORY R BUCK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM A HAMMOCK, 0000 DELL D BULL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY LAWRENCE D HILL, 0000 BRADLEY C BURGESS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: HERBERT H HONAKER, 0000 DAVID L BURNHAM JR., 0000 To be commander TIMOTHY HOOYER, 0000 LAURENCE T BURNS, 0000 RICHARD A BURR, 0000 HERBERT A JANSEN, 0000 BRYAN P BURT, 0000 DAVID A BONDURA, 0000 OREN C JEFFRIES, 0000 BARRY B BUSS, 0000 KEITH N BURGESS, 0000 JOHN R JENSEN JR., 0000 WILLIAM S BUTLER, 0000 DANIEL L CURRIE III, 0000 CLIFTON T JOHNSON, 0000 ROBERT C BUZZELL, 0000 KEVIN D FOSTER, 0000 JAMES H JONES, 0000 JAMES W BYERLY, 0000 JUSTIN F KERSHAW, 0000 JOHNATHAN L JONES, 0000 ANTHONY T CALANDRA, 0000 ALAN F KUKULIES, 0000 JOHNNY C KING, 0000 PETER J CALLAGHAN, 0000 JOHN H LAMB, 0000 STEPHEN M KRUEGER, 0000 JOHN S CALVERT, 0000 GREGORY E LAPUT, 0000 NANCY D LAKE, 0000 WILLIAM R CAMPBELL, 0000 ULYSSES V MACEDA, 0000 DAVID J LAMBERT, 0000 MICHAEL A CARAMBAS, 0000 GARY R MELVIN, 0000 STEVEN C LARSON, 0000 KENNETH W CARAVEO, 0000 JILL M T NEWTON, 0000 JEFFREY E LESSIE, 0000 MARK S CARLTON, 0000 STEPHEN C PEARSON, 0000 CURTIS L LIPSCOMB, 0000 DAVID J CARRILLO, 0000 WILLIAM M PEYTON JR., 0000 RICKY K LOVELL, 0000 MICHAEL CARSLEY, 0000 LEE V PHILLIPS II, 0000 GREGORY K MAXEY, 0000 ANDRE L CARTER, 0000 ROBERT P SHEREDA, 0000 KENNETH R MINOGUE, 0000 JOHN P CARTER, 0000 JAMES V STEVENSON, 0000 DAVID L MITCHELL, 0000 DERMOT P CASHMAN, 0000 WILBURN T STRICKLAND, 0000 MARC R OUELLET, 0000 EDWARD B CASHMAN, 0000 DIANN D PAPE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES J CASSIDY, 0000 DONALD R PATTERSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES T CHASE, 0000 DAVID W PEACOTT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CARL P CHEBI, 0000 MICHAEL K PRICE, 0000 DAVID E CHELSEA, 0000 To be commander HENRY P ROUX JR., 0000 MICHAEL F CHESIRE, 0000 EMIL J SALANSKY JR., 0000 CHRISTIAN D BECKER, 0000 KARL R CHRISTENSEN, 0000 LAWRENCE A SCRUGGS, 0000 ROBERT M BLAKE II, 0000 DANIEL G CHRISTOFFERSON, 0000 STEVEN D SHARER, 0000 JEFFREY H CARLSEN, 0000 JEFFERY R CLAPP, 0000 LARRY S SOUTHERLAND, 0000 ANDREW L CIBULA, 0000 GREGORY S CLARK, 0000 DAVID A SPANGLER, 0000 RICHARD T GILLIN, 0000 JAMES P CODY, 0000 MICHAEL A STOCKDALE, 0000 MICHELLE A GUIDRY, 0000 ROBERT E COLEMAN, 0000 JOHN M SUTHERLAND, 0000 ROGER W LIGON, 0000 GREGORY V CONTAOI, 0000 CLINTON A VOLLONO, 0000 DOUGLAS A LUCKA, 0000 TIMOTHY W CONWAY IV, 0000 DAN O WESSMAN, 0000 JOSEPH R MCKEE, 0000 KARL A COOKE, 0000 MARK A WISNIEWSKI, 0000 MICHAEL W POSNER, 0000 DAVID A COPP, 0000 LUIS M RAMIREZ, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY J CORKERY, 0000 ELISA A RANEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN M COTTINGHAM, 0000 THOMAS M RUTHENBERG, 0000 UNDER TITLE 10, U.S.C., SECTION 624: KEVIN M COYNE, 0000 NIGEL J SUTTON, 0000 LAURENCE A CRAWFORD, 0000 ANDREW W SWENSON, 0000 To be commander BARRY W CROSBY JR., 0000 JUAN D CUESTA, 0000 DONALD R VARNER, 0000 JON D ALBRIGHT, 0000 DAVID A CULLER JR., 0000 ANDREW J WILLIAMS, 0000 STUART J ALEXANDER, 0000 MICHAEL L CUNNINGHAM, 0000 SCOTT M WOLFE, 0000 BRUCE W BROSCH, 0000 PATRICK N CURTIN III, 0000 MARK S GOODALE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID C CUTTER, 0000 GRAHAM R GUILER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL M DABERKOE, 0000 RONALD D KAELBER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JONATHAN B DACHOS, 0000 CHRISTOPHER J KENNEDY, 0000 JAMES DALTON, 0000 To be commander CARLOS L LOPEZ, 0000 FREDERICK W DAU IV, 0000 MATTHEW B MULLINS, 0000 JULIENNE E ALMONTE, 0000 MICHAEL C DAVIS, 0000 ARTHUR P PRUETT, 0000 DAVID L BEATTY, 0000 WILLIAM J DAVIS, 0000 JOHN C SMAJDEK, 0000 MARK L BOWLIN, 0000 GREGORY E DAWSON, 0000 NEIL E WILLIAMS, 0000 WILLIAM R BRAY, 0000 GEOFFREY G DEBEAUCLAIR, 0000 MICHAEL W ZARKOWSKI, 0000 RODNEY A BROWER, 0000 WILLIAM W DEBOW, 0000 ANDREW L CALDERA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN J DELAMER, 0000 WILLIAM J CARR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES JOSEPH A DELEON, 0000 RONALD C COPLEY, 0000 NAVY UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN W DENNIS, 0000 ARTHUR S DELEON, 0000 To be commander ERICH W DIEHL, 0000 JOHN M DULLUM, 0000 SCOTT M DIX, 0000 JEANINE L EHRET, 0000 TODD A ABLER, 0000 WILLIAM A DONEY JR., 0000 GREGORY J FLORENCE, 0000 DAVID J ADAMS, 0000 JAMES F DOODY, 0000 JOHN D HARBER, 0000 FRANK S ALLEN, 0000 THOMAS A DOPP, 0000 BRETT C HEIMBIGNER, 0000 CHRISTOPHER P ANKLAM, 0000 CHRISTOPHER S DREWELLO, 0000 JASON C HINES, 0000 LAYNE M K ARAKI, 0000 JAMES J DUKE JR., 0000 KATHLEEN M HOGAN, 0000 RONALD J ARNOLD, 0000 DANIEL W DWYER, 0000 WAYNE R HUGAR, 0000 JEFFREY G AUSTIN, 0000 DAVID M EDGECOMB, 0000 THOMAS W JOHNSON, 0000 DANIEL K BACON JR., 0000 EDWARD W EIDSON, 0000 MARK W KREIB, 0000 TIMOTHY H BAKER, 0000 JAMES C EISENZIMMER, 0000 WILLIAM A KURIYAMA, 0000 GRADY T BANISTER III, 0000 JOHN P ELSTAD, 0000 ANTHONY LAVECCHIA JR., 0000 DEBORAH K BARNES, 0000 SCOTT M EMISON, 0000 CARLOS J LOFSTROM, 0000 HAROLD L BARNES, 0000 SEAN T EPPERSON, 0000 JEFFREY A MARGRAF, 0000 JEFFREY B BARRON, 0000 RICHARD S ERIE, 0000 WILLIAM H MONDAY, 0000 JOHN T BEAVER JR., 0000 JEFFREY R ERMERT, 0000 BRENT A MORGAN, 0000 MICHAEL P BEAVERS, 0000 BURT L ESPE, 0000 CHRISTOPHER PAGE, 0000 MARK A BECKER, 0000 JOHN M ESPOSITO, 0000 RONALD D PARKER, 0000 THOMAS R BELESIMO III, 0000 PAUL M ESPOSITO, 0000 JOHN P PATCH, 0000 JOHN L BELLAY, 0000 THOMAS V EVANOFF II, 0000 MICHAEL C PERKINSON, 0000 DAVID C BEMENT, 0000 JOSEPH H EVANS, 0000 ANDREA POLLARD, 0000 STEVEN M BENKE, 0000 JOSEPH S EVERSOLE, 0000 DAVID C PORCARO, 0000 MICHAEL D BERNACCHI JR., 0000 TIMOTHY C FALLER, 0000 BECKY A ROBERTS, 0000 STEVEN G BETHKE, 0000 JOHN P FEENEY JR., 0000 JON A SKINNER, 0000 PATRICK J BINDL, 0000 RANDY A FERGUSON, 0000 JAMES A STEADMAN, 0000 DAVID G BISAILLON, 0000 DAVID W FISCHER, 0000 RICHARD M STEVENSON, 0000 SCOTT R BISCHOFF, 0000 JAMES J FISHER, 0000 JOSEPH V STILLWAGGON, 0000 DONALD R BISHOP, 0000 SCOTT J FISHER, 0000

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PAUL J FOSTER, 0000 BRENT R KLAVON, 0000 TODD E POLLARD, 0000 SEAN P FOX, 0000 DONALD C KLEIN, 0000 MARTIN L POMPEO, 0000 DAVID M FRAVOR, 0000 BRIAN D KOEHR, 0000 TODD A PORTER, 0000 JON FREDAS, 0000 CHRISTOPHER A KORN, 0000 CHRISTOPHER S POWELL, 0000 DANIEL E FUHRMAN, 0000 ERIC R KOSTEN, 0000 JEFFREY D PRATER, 0000 MICHAEL B FULKERSON, 0000 TODD D KOTOUCH, 0000 EVERETT S PRATT, 0000 JOHN V FULLER, 0000 STEVEN A KREISER, 0000 GREGORY B PRENTISS, 0000 DONALD D GABRIELSON, 0000 MICHAEL H KRISTY, 0000 MICHAEL J QUINN, 0000 ANTHONY R GAMBOA, 0000 JOHN III KROPCHO, 0000 TIMOTHY W QUINN, 0000 ARTURO M GARCIA, 0000 ANDREW R KUEPPER, 0000 TODD W RADER, 0000 RUBEN M GARCIA, 0000 TIMOTHY M KUNKEL, 0000 ANDREW G RANDER, 0000 JOHN P GASPERINO, 0000 ERIC R KYLE, 0000 NICOLAS RANGEL JR., 0000 EMMET S GATHRIGHT, 0000 PETER C LACHES, 0000 CHRISTOPHER G RAPP, 0000 ROBERT N GEIS, 0000 JAMES P LAINGEN, 0000 ROBERT E RASMUSSEN, 0000 KEVIN J GISH, 0000 JAMES W LANDERS, 0000 RONALD L RAVELO, 0000 JAMES E GOEBEL, 0000 GEORGE E LANG JR., 0000 MICHAEL D RAYFIELD, 0000 HOWARD S GOLDMAN, 0000 TIMOTHY K LANGDON, 0000 SCOTT E REIN, 0000 JOHN J GORDON, 0000 ROBERT B LARUE, 0000 LEONARD V REMIAS, 0000 GARY A GOTHAM, 0000 FREDERICK LATRASH, 0000 TIMOTHY D REYNOLDS, 0000 PIERRE J GRANGER, 0000 MARK D LECHNER, 0000 WILLIAM F REYNOLDS, 0000 THOMAS C GRAVES, 0000 BRADLEY LEE, 0000 CHRISTOPHER A RHODEN, 0000 JAMES L GRAY JR., 0000 DANIEL G LEE, 0000 JOHN C RING, 0000 JAMES R GREENBURG, 0000 ANDREAS LEINZ, 0000 JOHN F RINKO, 0000 THOMAS G GRIFFIN JR., 0000 HOWARD F LENWAY, 0000 BRADLEY W ROBERSON, 0000 ERIC F GRIFFITH, 0000 LUIS A LEON JR., 0000 JOHN L ROBEY, 0000 DAVID M GROFF, 0000 DONALD B LESH, 0000 THOMAS L ROBINSON, 0000 JOSEPH P GUERRERO, 0000 DANIEL B LIMBERG, 0000 PATRICK G ROCHE, 0000 THOMAS K GUERRERO, 0000 RICHARD W LINDSAY, 0000 KIMBERLY A RODDY, 0000 KENNETH R GUESS, 0000 FRANK S LINKOUS, 0000 SCOTT W ROGERS, 0000 MARK B GUEVARRA, 0000 CHARLES E LITCHFIELD, 0000 JAMES A ROICK, 0000 SCOTT F GUIMOND, 0000 ERIC L LITTLE, 0000 PETER A ROLLICK, 0000 MICHAEL F GUYER, 0000 R E LIVINGSTON IV, 0000 CHRISTOPHER A ROLLINS, 0000 MATTHEW K HAAG, 0000 JOHN E LOBB, 0000 PHILIP H ROOS, 0000 CARL A HAGER, 0000 ANDREW J LOISELLE, 0000 ERIK M ROSS, 0000 RICHARD E HAIDVOGEL, 0000 JOHN A LONG, 0000 WILLIAM ROSSI, 0000 IAN M HALL, 0000 RANDALL L LOVELL, 0000 DOUGLAS V RUSSELL, 0000 DAVID D HALLISEY, 0000 RANDALL J LYNCH, 0000 MICHAEL R RYAN, 0000 THOMAS G HALVORSON, 0000 JOSEPH F LYONS, 0000 ROBERT D SALLADE, 0000 KENNETH T HAM, 0000 WILLIAM C MACK, 0000 ROBERT W SANDERS, 0000 MICHAEL J HAMMOND, 0000 ALBERT J MAGNAN, 0000 TERESA S SANFORD, 0000 ERIC T HANSON, 0000 CHARLES B MARKS III, 0000 MICHAEL J SANGSTER, 0000 CHRISTOPHER L HARKINS, 0000 DANIEL P MARSHALL, 0000 VINCENT P SAPORITO, 0000 ROBERT S HARRILL, 0000 GEOFFREY K MARSHALL, 0000 GEORGE B SAROCH, 0000 GREGORY N HARRIS, 0000 MICHAEL R MARTIN, 0000 PAUL E SAVAGE, 0000 LESLIE H HARRIS, 0000 JAMES N MASSELLO, 0000 DANIEL J SCHEBLER, 0000 JOHN H HEARNE JR., 0000 TODD H MASSIDDA, 0000 CHRISTOPHER R SCHENCK, 0000 ROBERT N HEIN JR., 0000 PAUL G MATHESON, 0000 BRETT R SCHEXNIDER, 0000 FREDDIE P HENDERSON JR., 0000 AUDWIN D MATTHEWS, 0000 JOEL D SCHUSTER, 0000 ERIC J HENDRICKSON, 0000 JOHN E MAWHINNEY, 0000 STEPHEN M SCHUTT, 0000 HENRY J HENDRIX II, 0000 GARY A MAYES, 0000 WILLIAM A SCHWALM, 0000 ROBERT T HENNESSY, 0000 MICHAEL P MAZZONE, 0000 WILLIAM B SEAMAN JR., 0000 DAMON M HENRY, 0000 ANDREW P MCCARTIN, 0000 BRIAN W SEBENALER, 0000 BRYAN E HERDLICK, 0000 SCOTT A MCCLURE, 0000 THOMAS P SHAW, 0000 MICHAEL A HERRERA, 0000 MELINDA L MCGARVEY, 0000 PATRICK O SHEA, 0000 WILLIAM F HESSE, 0000 DARREN J MCGLYNN, 0000 KENNETH M SHEEHY, 0000 WILLIAM A HESSER JR., 0000 LARRY L MCGUIRE, 0000 BENJAMIN A SHEVCHUK, 0000 KIRK R HIBBERT, 0000 DENNIS J MCKELVEY, 0000 STEPHEN A SHINEGO, 0000 ROBERT A HICKEY, 0000 WILLIAM P MCKINLEY, 0000 EUGENE P SIEVERS, 0000 KARL A HILBERG, 0000 KENNETH J MCKOWN, 0000 DAVID J SILKEY, 0000 ANDREW J HILL, 0000 JOHN M MCLAIN, 0000 MARK D SIMMS, 0000 JAMES R HITT, 0000 PATRICK K MCNAMARA, 0000 EDWIN L SIMS, 0000 SCOTT M HOGAN, 0000 BRADLEY P MEEKS, 0000 SEAN G SKELLY, 0000 DAVID R HOGSTEN, 0000 PAUL J MEISCH, 0000 DANIEL J SMITH, 0000 JERRY K HOLDEN, 0000 JOHN E MEISSEL, 0000 KENDELL O SMITH, 0000 THOMAS A HOLE, 0000 DOMENICK MICILLO JR., 0000 STEPHAN M SMITH II, 0000 PATRICK R HOLLEN, 0000 MICHAEL H MIKLASKI, 0000 WADE H SMITH JR., 0000 ALAN W HOLT II, 0000 STEPHANIE MILLER, 0000 DAVID R SNOW, 0000 PATRICK T HOLUB, 0000 HUGH E MILLS JR., 0000 DAVID W SOMERS III, 0000 DAVID A HONABACH, 0000 RODNEY A MILLS, 0000 IAN R SORENSEN, 0000 PAUL T HORAN, 0000 SCOTT A MINIUM, 0000 ROBERT C SPARROCK, 0000 JAMES E HORTEN, 0000 JOHN C MINNERS, 0000 PAUL D SPEAR, 0000 JAMES D HOUCK, 0000 TOMMY E MOORE JR., 0000 JEFFREY S SPEARMAN, 0000 DONALD B HOWARD, 0000 DAVID G MORETZ, 0000 PAUL A SPILSBURY, 0000 JAMES F HRUSKA, 0000 GARNER D MORGAN JR., 0000 JOHN P SPRINGETT, 0000 SETH F HUDGINS III, 0000 JAMES M MORGAN, 0000 TODD J SQUIRE, 0000 ROBERT E HUDSON, 0000 STEVEN B MORIEN, 0000 PAUL A STADER, 0000 WARREN G HUELSNITZ, 0000 FRANCIS D MORLEY, 0000 JOHN F STEINBERGER, 0000 MICHAEL T HUFF, 0000 JEFFREY E MORSE, 0000 MICHAEL S STEINER, 0000 JONATHAN R HUGGINS, 0000 JOHN R MOSIER JR., 0000 MICHAEL A STONE, 0000 FRANCIS M HUGHES III, 0000 ALBERT F MUSGROVE II, 0000 GREGORY W STRAUSER, 0000 JEFFREY W HUGHES, 0000 CARL D NEIDHOLD, 0000 THOMAS H SUGG JR., 0000 BLAKE D HUGUENIN, 0000 WILLIAM L NELSON, 0000 WILLIAM H SUGGS JR., 0000 JOHN M HUNT, 0000 PETER R NETTE, 0000 MARK J SULLIVAN, 0000 KEVIN D HUNT, 0000 MICHAEL D NEUMANN, 0000 MARK J SWAYNE, 0000 THEODORE W HUSKEY, 0000 JAMES P NICHOLS, 0000 JAMES S SZERBA, 0000 GEOFFREY T HUTTON, 0000 BRAD A NISSALKE, 0000 BRUCE H SZYMANSKI, 0000 RODNEY E HUTTON, 0000 HOWARD J NUDI, 0000 TERRY R TAKATS, 0000 KENNETH A INGLESBY, 0000 CATHAL S OCONNOR, 0000 MICHAEL J TAYLOR, 0000 MARK T INNES, 0000 MICHAEL E OCONNOR, 0000 TODD C TEMPLETON, 0000 DENNIS M IRWIN, 0000 BRIAN P ODONNELL, 0000 CHRISTOPHER K THOMASSY, 0000 KENNETH R IRWIN JR., 0000 THOMAS P ODOWD, 0000 JEREMY S THOMPSON, 0000 THOMAS E ISHEE, 0000 BRADLEY L OLDS, 0000 RITCHARD R THOMPSON, 0000 JEFFREY T JABLON, 0000 JAMES D OLEARY II, 0000 STEPHEN M THOMPSON, 0000 MARY M JACKSON, 0000 DARREN M OLSON, 0000 JOHN D THORLEIFSON, 0000 DAVID R JAZDYK, 0000 THOMAS E ONEILL IV, 0000 MICHAEL A TLUCHOWSKI, 0000 WILLIAM D JOHNS, 0000 VICTOR M OTT, 0000 REID T TOKORO, 0000 ERIK N JOHNSON, 0000 RANDALL C PACKARD, 0000 ROBERT P TORTORA, 0000 KURT B JOHNSON, 0000 EDWARD E PALMER III, 0000 ARTHUR F TRAHAN JR., 0000 LEE M JOHNSON, 0000 BOBBY J PANNELL, 0000 OWEN M TRAVIS, 0000 MARK A JOHNSON, 0000 SAMUEL J PAPARO JR., 0000 KIRK E TREANOR, 0000 MARK S JOHNSON, 0000 ANTHONY J PARISI, 0000 JOHN L TREFZ JR., 0000 TROY A JOHNSON, 0000 WILLIAM D PARK, 0000 KAREN A TSIANTAS, 0000 JOHN R JONES, 0000 GARY W PARKER, 0000 TIMOTHY P TUMELTY, 0000 KEVIN D JONES, 0000 JOSEPH A PARRILLO, 0000 ANDREW K TURNER, 0000 MICHAEL C JONES, 0000 RONALD L PARSLOW, 0000 MARK L TURNER, 0000 PHILIP A JORDAN, 0000 KENNETH M PASCAL, 0000 PETER N TURNER, 0000 VERNON L JUNKER, 0000 MARCO A PATI, 0000 BENEDICT J VALECRUZ, 0000 JAY A KADOWAKI, 0000 GLENN W PENDRICK, 0000 LESLIE B VANDAM, 0000 ROBERT T KAY, 0000 PAUL A PENSABENE, 0000 KENT S VANDERGRIFT, 0000 JOHN T KEANE JR., 0000 MARC B PEOT, 0000 MARK S VANYE, 0000 DOUGLAS F KELLER, 0000 ALBERT D PERPUSE, 0000 GEORGE J VASSILAKIS, 0000 PATRICK M KELLY, 0000 THOMAS M PERRON, 0000 REBECCA L VAUTIER, 0000 STEPHEN J KENNEDY, 0000 CHRISTOPHER T PHILLIPS, 0000 RENE VELAZQUEZ, 0000 TODD A KIEFER, 0000 CHRISTOPHER J PIECZYNSKI, 0000 SCOTT D VERMILYEA, 0000 JEFFREY H KIRBY, 0000 JOHN PINCKNEY, 0000 MARK F VOLPE, 0000 RICHARD R KIRCHNER, 0000 ROGER E PLASSE JR., 0000 JEFFREY R VONHOR, 0000 THOMAS K KISS, 0000 MARTIN L PLUMLEIGH, 0000 THADDEUS O WALKER III, 0000

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JOHN T WALTERS II, 0000 RANDAL T WEST, 0000 ERIK C WRIGHT, 0000 ANDREW D WANNAMAKER, 0000 EDWARD J WHALEN, 0000 JAMES R WYATT, 0000 CHARLES J WASHKO, 0000 WILLIAM W WHEELER III, 0000 THOMAS M YAMBRICK, 0000 HOWARD M WATSON, 0000 BRIAN D WHITTEN, 0000 MONTE L YARGER, 0000 MICHAEL P WATSON, 0000 PAUL M WILLIAMS, 0000 STEVEN J YODER, 0000 JOHN M WEEKS, 0000 ERIC W WON, 0000 MARK O ZAVACK, 0000 ERIC F WEILENMAN, 0000 RICHARD K WOOD II, 0000 JOHN D ZIMMERMAN, 0000 EDMOND J WEISBROD JR., 0000 DAVID L WOODBURY, 0000 MATTHEW R ZOLLA, 0000 JOHN J WELSH, 0000 MOODY G WOOTEN JR., 0000 THOMAS A ZWOLFER, 0000

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SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED Energy and Natural Resources Title IV of Senate Resolution 4, Water and Power Subcommittee agreed to by the Senate on February 4, JUNE 28 To hold oversight hearings to examine water resource management issues on 1977, calls for establishment of a sys- 9:30 a.m. the Missouri River. tem for a computerized schedule of all Health, Education, Labor, and Pensions Children and Families Subcommittee SD–366 meetings and hearings of Senate com- 2 p.m. mittees, subcommittees, joint commit- To hold hearings on S. 2246, to improve access to printed instructional mate- Environment and Public Works tees, and committees of conference. rials used by blind or other persons To hold hearings to examine the Presi- This title requires all such committees with print disabilities in elementary dent’s proposal to establish the Depart- to notify the Office of the Senate Daily and secondary schools. ment of Homeland Security. Digest—designated by the Rules com- SD–430 SD–406 mittee—of the time, place, and purpose Governmental Affairs of the meetings, when scheduled, and To hold hearings to examine how the JULY 11 any cancellations or changes in the proposed Department of Homeland Se- 10 a.m. meetings as they occur. curity should addess weapons of mass Energy and Natural Resources As an additional procedure along destruction, and relevant science and To hold hearings to examine the Depart- technoloy, research and development, with the computerization of this infor- ment of Energy’s Environmental Man- and public health issues. mation, the Office of the Senate Daily agement program, focusing on DOE’s SD–342 Digest will prepare this information for progress in implementing its acceler- printing in the Extensions of Remarks JULY 10 ated cleanup initiative, and the section of the CONGRESSIONAL RECORD changes DOE has proposed to the EM 9:30 a.m. science and technology program. on Monday and Wednesday of each Veterans’ Affairs SD–366 week. To hold hearings to examine the con- Meetings scheduled for Thursday, tinuing challenges of care and com- June 27, 2002 may be found in the Daily pensation due to military exposures. Digest of today’s RECORD. SR–418

∑ 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 03:55 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JN8.000 pfrm04 PsN: E26PT1 Wednesday, June 26, 2002 Daily Digest

HIGHLIGHTS Senate agreed to S. Res. 292, Expressing Support for the Pledge of Alle- giance. The House passed H.R. 4598, Homeland Security Information Sharing Act. The House passed H.R. 5018, Capitol Police Retention, Recruitment, and Authorization Act. Trade Act 2002—The House agreed to the Senate amendment to H.R. 3009, Andean Trade Preference Act, with an amendment. The House then insisted on its amendment, asked for a conference with the Sen- ate, and appointed conferees. House committees ordered reported 18 sundry measures. Senate agreed to S. Res. 292, expressing support for the Chamber Action Pledge of Allegiance. (See next issue.) Routine Proceedings, pages S6049–S6095 Ports-to-Plains Corridor: Senate passed S. 1646, Measures Introduced: Seven bills and three resolu- to identify certain routes in the States of Texas, tions were introduced, as follows: S. 2681–2687, S.J. Oklahoma, Colorado, and New Mexico as part of the Res. 39, S. Res. 292, and S. Con. Res. 124. Ports-to-Plains Corridor, a high priority corridor on (See next issue.) the National Highway System. (See next issue.) Measures Reported: Automatic Defibrillation in Adam’s Memory S. 1227, to authorize the Secretary of the Interior Act: Committee on Health, Education, Labor, and to conduct a study of the suitability and feasibility Pensions was discharged from further consideration of establishing the Niagara Falls National Heritage of S. 1041, to establish a program for an information Area in the State of New York, with amendments. clearinghouse to increase public access to (S. Rept. No. 107–179) defibrillation in schools, and the bill was then S. 1325, to ratify an agreement between the Aleut passed. (See next issue.) Corporation and the United States of America to ex- Patent and Trademark Office Authorization: change land rights received under the Alaska Native Committee on the Judiciary was discharged from Claims Settlement Act for certain land interests on further consideration of H.R. 2047, to authorize ap- Adak Island, with an amendment. (S. Rept. No. propriations for the United States Patent and Trade- 107–180) mark Office for fiscal year 2003 through 2008, and H.R. 601, To redesignate certain lands within the the bill was then passed, after agreeing to the fol- Craters of the Moon National Monument. (S. Rept. lowing amendment proposed thereto: (See next issue.) No. 107–181) Reid (for Leahy/Hatch) Amendment No. 4113, in H.R. 2440, to rename Wolf Trap Farm Park as the nature of a substitute. (See next issue.) ‘‘Wolf Trap National Park for the Performing Arts’’. Reid (for Leahy) Amendment No. 4115, to amend (S. Rept. No. 107–182) (See next issue.) the title. (See next issue.) Measures Passed: Patent and Trademark Office Authorization: Expressing Support for Pledge of Allegiance: By Senate passed S. 1754, to authorize appropriations a unanimous vote of 99 yeas (Vote No. 163), Senate for the United States Patent and Trademark Office D681

VerDate 11-MAY-2000 06:19 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JN2.REC pfrm04 PsN: D26JN2 D682 CONGRESSIONAL RECORD — DAILY DIGEST June 26, 2002 for fiscal years 2003 through 2008, after agreeing to tive Research, and to require an assessment of the a committee amendment in the nature of a sub- program. Page S6078 stitute. (See next issue.) Allard (for Inhofe/Akaka) Amendment No. 4096, National Defense Authorization Act: Senate con- to increase the maximum amount of assistance that tinued consideration of S. 2514, to authorize appro- the Secretary of Defense may provide to a tribal or- priations for fiscal year 2003 for military activities ganization or economic enterprise to carry out a pro- of the Department of Defense, for military construc- curement technical assistance program in two or tion, and for defense activities of the Department of more Bureau of Indian Affairs service areas. Energy, to prescribe personnel strengths for such fis- Page S6078 cal year for the Armed Forces, taking action on the Levin (for Cleland/Thurmond) Amendment No. following amendments proposed thereto: 4097, to repeal a prohibition on use of Air Force Re- Pages S6057–89 (continued next issue) serve AGR personnel for Air Force base security Adopted: functions. Page S6078 Allard (for Helms/Cleland) Amendment No. Domenici Amendment No. 4009, to extend and 4098, to require the Secretary of Defense to establish improve United States programs on the proliferation clear and uniform policy and procedures regarding of nuclear materials. Pages S6057–66 the installation and connection of telecom switches Levin Amendment No. 4087, to increase the to the Defense Switch Network. Pages S6078–79 amount provided for RDT&E, Air Force, for silicone Levin (for Nelson (FL)) Amendment No. 4099, to substrates for flexible solar cells (PE 62601F), and to provide for the disclosure to the Department of Vet- offset the increase by reducing the amount provided erans Affairs of information on the Shipboard Hazard for RDT&E, Army, for countermobility systems (PE and Defense project of the Navy. Page S6079 62624A). Page S6075 Allard (for Warner) Amendment No. 4100, to re- Allard (for Warner) Amendment No. 4088, to au- quire an engineering study and environmental anal- thorize, with an offset, $2,000,000 for research, de- ysis of road modifications to address the closure of velopment, test, and evaluation for the Navy for the roads in the vicinity of Fort Belvoir, Virginia, for Marine Corps Advanced Technology Demonstration force protection purposes. Page S6079 (ATD) (PE0603640M) for analysis of emerging Nelson (FL)/Roberts Amendment No. 4101, to re- threats. Page S6075 quire reports on efforts to resolve the whereabouts Levin (for Kennedy) Amendment No. 4089, to and status of Captain Michael Scott Speicher, United prohibit the transfer of the Medical Free Electron States Navy. Pages S6079–85 Laser program (PE0602227D8Z) from the Depart- Levin (for Biden/Carper) Amendment No. 4102, ment of Defense. Pages S6075–76 to extend the work safety demonstration program of Allard (for Warner) Amendment No. 4090, to au- the Department of Defense. Page S6085 thorize land conveyances at the Engineer Proving Allard (for Warner) Amendment No. 4103, to Ground, Fort Belvoir, Virginia. Page S6076 provide for a master plan for the use of the Navy Levin (for Inouye) Amendment No. 4091, to Annex, Arlington, Virginia. Page S6085 amend title 10, United States Code, to increase the Levin (for Durbin) Amendment No. 4104, to pro- grade provided for the heads of the nurse corps of vide authority for nonprofit organizations to self-cer- the Armed Forces. Pages S6076–77 tify eligibility for treatment as qualified organiza- Allard/Reid Amendment No. 4092, to prescribe tions employing the severely disabled for purposes of the composition and leadership of the Veterinary the Mentor-Protege Program. Pages S6085–86 Corps of the Army. Page S6077 Allard (for Kyl) Amendment No. 4105, to author- Levin (for Akaka) Amendment No. 4093, to pro- ize the transfer of a DF–9E Panther aircraft to the vide for the amount for the demonstration of renew- Women Airforce Service Pilots Museum. Page S6086 able energy use of the Navy to be available within Levin (for Kerry) Amendment No. 4106, to re- the Navy energy program (PE 0604710N) and not quire the Secretary of the Army to submit a report within Navy facilities improvement (PE 0603725N). on the effects of the Army Contracting Agency on Page S6077 small business participation in Army procurement. Allard (for Collins) Amendment No. 4094, to ex- Page S6086 tend multiyear procurement authority for DDG–51 Allard (for Santorum) Amendment No. 4107, to class destroyers. Page S6077 add $1,000,000 for the Army for procurement of Levin (for Landrieu/Roberts) Amendment No. M821A1 High Explosive (HE) insensitive munition 4095, to authorize additional activities for the De- for the 81-millimeter mortar, and to offset the in- fense Experimental Program to Stimulate Competi- crease by reducing the amount provided for the

VerDate 11-MAY-2000 06:19 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JN2.REC pfrm04 PsN: D26JN2 June 26, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D683 Army for aircraft procurement for CH–47 cargo heli- Warner (for Cochran/Lott) Amendment No. 4122, copter modifications, for the procurement of com- to authorize a military construction project in the mercial, off-the-shelf, crashworthy seats by amount of $3,580,000 for construction of a National $1,000,000. Pages S6086–87 Guard Readiness Center, Kosciusko, Mississippi. Levin (for Cleland) Amendment No. 4108, to au- (See next issue.) thorize the payment of interest on student loans of Reid (for Biden/Carper) Amendment No. 4123, to members of the Armed Forces. Pages S6087–88 authorize, with an offset, a military construction Allard (for Santorum) Amendment No. 4109, to project in the amount of $7,500,000 for construction add $1,000,000 for the Air Force for RDT&E for of a new air traffic control facility at Dover Air space and missile operations, Civil Reserve Space Force Base, Delaware. (See next issue.) Service (CRSS) initiative (PE 305173F), and to offset Warner (for Domenici/Bingaman) Amendment the increase by reducing the amount provided for No. 4124, to authorize, with an offset, $3,000,000 the Army for Aircraft procurement, CH–47 cargo for a planning and design for a new anechoic cham- helicopter modifications, for the procurement of ber at White Sands Missile Range, New Mexico commercial, off-the-shelf, crashworthy seats by (Project No. 56232). (See next issue.) $1,000,000. Page S6088 Reid (for Durbin) Amendment No. 4125, to au- Levin (for Reid) Amendment No. 4110, to pro- thorize, with an offset, $10,000,000 for the Air Na- vide alternative authority regarding the transfer of tional Guard for a military construction project for funds for the acquisition of replacement property for a Composite Support Facility for the 183rd Fighter National Wildlife Refuge system lands in Nevada. Wing of the Illinois Air National Guard. Page S6088 (See next issue.) Allard (for Lott) Amendment No. 4111, to add Warner (for Thurmond) Amendment No. 4126, restrictions on the proposed authority for reducing to authorize $8,000,000 for the construction of a the minimum period of service in grades above O–4 parking garage at Walter Reed Army Medical Cen- for eligibility to be retired in highest grade held. ter, Washington, District of Columbia, and to offset Pages S6088–89 the amount with a reduction in operation and main- Subsequently, the amendment was modified. tenance for the Army in amounts available for Base (See next issue.) Operations Support (Servicewide Support). Levin Amendment No. 4046 (to Amendment No. (See next issue.) 4007), to provide priority for the allocation of cer- Warner (for Frist/Thompson) Amendment No. tain funds for Department of Defense activities to 4127, to authorize a military construction project in combat terrorism at home and abroad. Pages S6066–75 the amount of $8,400,000 for the Air National Warner Amendment No. 4007, to provide an ad- Guard for completion of construction of the Com- ditional amount for ballistic missile defense or com- posite Aviation Aircraft Maintenance Complex bating terrorism in accordance with national security (PN#BKTZ989063) in Nashville, Tennessee, and to priorities of the President. Page S6057 offset the authorization with a reduction of Reid (for Kennedy) Amendment No. 4117, to $2,400,000 in operation and maintenance for the provide an amount for lift support for mine warfare Army from amounts available for Base Operations ships and other vessels. (See next issue.) Support (Servicewide Support), a reduction of Warner Amendment No. 4118, to add an amount $3,000,000 in operation and maintenance for the for the Navy Data Conversion and Management Lab- Army from amounts available for Recruiting and oratory for support data conversion activities for the Advertising, and a reduction of $3,000,000 in oper- Navy, and to provide an offset. (See next issue.) ation and maintenance for the Air Force from Reid (for Cleland) Amendment No. 4119, to re- amounts available for Recruiting and Advertising. quire a report on efforts to ensure the adequacy of (See next issue.) fire fighting staffs at military installations. Warner (for DeWine) Amendment No. 4128, to (See next issue.) authorize, with an offset, $15,200,000 for a military Warner (for Snowe/Collins) Amendment No. construction project for the Air Force for consolida- 4120, to set aside $1,500,000 for the Navy Pilot tion of the materials computational research facility Human Resources Call Center, Cutler, Maine. at Wright-Patterson Air Force Base, Ohio (See next issue.) (PNZHTV033301A). (See next issue.) Reid (for Wyden/Smith (OR)) Amendment No. Reid (for Cleland) Amendment No. 4129, to au- 4121, to authorize, with an offset, $9,000,000 for a thorize $2,000,000 for research, development, test, military construction project for the Army National and evaluation for the Air Force for Support Systems Guard for a Reserve Center in Lane County, Oregon. Development (PE0708611F) for Aging Aircraft and (See next issue.) to offset the amount with a reduction in research,

VerDate 11-MAY-2000 06:19 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JN2.REC pfrm04 PsN: D26JN2 D684 CONGRESSIONAL RECORD — DAILY DIGEST June 26, 2002 development, test, and evaluation for the Navy from Warner Amendment No. 4140, to establish the amounts available for Warfighting Sustainment Ad- position of Under Secretary of Defense for Intel- vanced Technology (PE0603236N). (See next issue.) ligence. (See next issue.) Warner (for Cochran/Lott) Amendment No. 4130, Reid (for Landrieu) Amendment No. 4141, to re- to authorize, with an offset, $4,500,000 for research, quire a study on the designation of a highway in the development, test, and evaluation for the Army for State of Louisiana as a defense access road. radar power technology. (See next issue.) (See next issue.) Reid (for Landrieu) Amendment No. 4131, to in- Warner (for Roberts) Amendment No. 4142, to crease the amount provided for RDT&E, Defense- authorize the conveyance of 2000 acres at the Sun- wide activities, for critical infrastructure protection flower Army Ammunition Plant, Kansas. (PE 35190D8Z), and to offset the increase by reduc- (See next issue.) ing the amount provided for RDT&E, Defense-wide Reid (for Landrieu) Amendment No. 4143, to re- activities, for power projection advanced technology quire an annual long-range plan for the construction (PE63114N). (See next issue.) of ships for the Navy. (See next issue.) Warner (for Domenici) Amendment No. 4132, to Warner (for Bunning) Amendment No. 4144, to increase the amount for the Air Force for RDT&E provide for the conveyance of a portion of the Blue- for wargaming and simulation centers, and to pro- grass Army Depot in Richmond, Kentucky, to (See next issue.) vide an offset. Madison County, Kentucky. (See next issue.) Reid (for Conrad) Amendment No. 4133, with re- Reid (for Bingaman/Santorum) Amendment No. spect to Russian Tactical Nuclear Weapons. 4145, to extend the authority of the Defense Ad- (See next issue.) vanced Research Projects Agency to award prizes for Warner (for Collins) Amendment No. 4134, to advanced technology achievements. (See next issue.) authorize, with an offset, $2,500,000 for research, development, test, and evaluation for the Navy for Reid (for Inhofe/Akaka) Amendment No. 4146, to the DDG optimized manning initiative. authorize the provision of space and services for mili- tary welfare societies. (See next issue.) (See next issue.) Reid (for Feinstein/Stevens) Amendment No. Reid (for Reed) Amendment No. 4147, to author- 4135, to prohibit the use of authorized funds for re- ize, with an offset, $5,500,000 for research, develop- search, development, test, evaluation, procurement, ment, test, and evaluation for the Army for develop- or deployment of nuclear armed interceptors of a ment of a very high speed support vessel for the (See next issue.) missile defense system. (See next issue.) Army. Warner (for Santorum) Amendment No. 4136, to Warner (for Santorum) Amendment No. 4148, to add $1,000,000 for Defense-Wide RDT&E for key add $1,000,000 for Other Procurement, Air Force, enabling robotics technologies for the support of for the procurement of technical C–E equipment, Army, Navy, and Air Force robotic and unmanned Mobile Emergency Broadband System, and to offset military platforms (PE 604709D8Z), and to offset the increase by reducing the amount provided for the increase by reducing the amount provided for the Navy for other procurement for gun fire control the Navy for other procurement for gun fire control equipment, SPQ–9B solid state transmitter, by equipment, SPQ–9B solid state transmitter, by $1,000,000. (See next issue.) $1,000,000. (See next issue.) Reid (for Cleland) Amendment No. 4149, to add Reid (for Cleland/Hutchinson) Amendment No. $1,500,000 for the Air Force for other procurement 4137, to prohibit denial of TRICARE services to a for base procured equipment for a Combat Arms covered beneficiary receiving medical care from the Training System (CATS) for the Air National Guard, Department of Veterans Affairs under certain cir- and to offset the increase by reducing the amount cumstances. (See next issue.) provided for the Army for RDT&E for artillery sys- Warner (for Roberts) Amendment No. 4138, to tem demonstration and validation (PE 0603854A) authorize, with an offset, $1,000,000 for research, by $1,500,000. (See next issue.) development, test, and evaluation, defense-wide, for Warner (for Thurmond) Amendment No. 4150, In-House Laboratory Independent Research to authorize, with an offset, $100,000 for the Army (PE0601103D8Z) for research, analysis, and assess- for activation efforts with respect to the National ment of efforts to counter potential agroterrorist at- Army Museum, Fort Belvoir, Virginia. tacks. (See next issue.) (See next issue.) Reid (for Levin) Amendment No. 4139, to au- Reid (for Lieberman) Amendment No. 4151, to thorize the Secretary of Defense to pay monetary re- authorize, with an offset, $1,000,000 for research, wards for assistance in combating terrorism. development, test, and evaluation for the Navy for (See next issue.) Force Protection Advanced Technology (PE

VerDate 11-MAY-2000 06:19 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JN2.REC pfrm04 PsN: D26JN2 June 26, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D685 0603123N) for development and demonstration of a Reid (for Sarbanes) Amendment No. 4163, to full-scale high-speed permanent magnet generator. grant a Federal charter to Veterans As- (See next issue.) sociation, Incorporated. (See next issue.) Warner (for McCain) Amendment No. 4152, to A unanimous-consent agreement was reached pro- modify the calculation of back pay for persons who viding for further consideration of the bill at 10:30 were approved for promotion as members of the a.m., on Thursday, June 27, 2002, with a vote on Navy and Marine Corps while interned as prisoners the motion to close further debate on the bill to of war during World War II to take into account occur thereon. Further, that Senators have until 10 changes in the Consumer Price Index. a.m. to file second degree amendments to the bill. (See next issue.) (See next issue.) Reid (for Bingaman) Amendment No. 4153, to Accounting Reform Act: A unanimous-consent require a plan for a five-year program to enhance the agreement was reached providing for consideration of measurement and signatures intelligence capabilities S. 2673, to improve quality and transparency in fi- of the Federal Government. (See next issue.) nancial reporting and independent audits and ac- Warner (for McCain) Amendment No. 4154, to counting services for public companies, to create a require a report on volunteer services of members of Public Company Accounting Oversight Board, to en- the reserve components in support of emergency re- hance the standard setting process for accounting sponse to the terrorist attacks on the World Trade practices, to strengthen the independence of firms Center and the Pentagon on September 11, 2001. that audit public companies, to increase corporate re- (See next issue.) sponsibility and the usefulness of corporate financial Reid (for Corzine/Torricelli) Amendment No. disclosure, to protect the objectivity and independ- 4155, to authorize use of an amount of the author- ence of securities analysts, to improve Securities and ization of appropriations for RDT&E for the Navy Exchange Commission resources and oversight, on for the aviation-shipboard information technology Monday, July 8, 2002, at 2 p.m. (See next issue.) initiative. (See next issue.) Authority for Committees: All committees were Warner (for Cochran/Lott) Amendment No. 4156, authorized to file legislative and executive reports to require the Secretary of the Navy to maintain the during the adjournment of the Senate on Wednes- scope of the cruiser conversion program for the Ti- day, July 3, 2002, from 11:00 a.m. to 1:00 p.m. conderoga class of AEGIS cruisers. (See next issue.) (See next issue.) Reid (for Kerry/Frist) Amendment No. 4157, to Nominations Received: Senate received the fol- require the Secretary of Defense to expand the De- lowing nominations: partment of Defense program of HIV/AIDS preven- Richard A. Griffin, of Michigan, to be United tion educational activities undertaken in connection States Circuit Judge for the Sixth Circuit. with the conduct of United States military training, Daniel L. Hovland, of North Dakota, to be exercises, and humanitarian assistance in sub-Saharan United States District Judge for the District of African countries. (See next issue.) North Dakota. Warner (for Domenici/Bingaman) Amendment Thomas W. Phillips, of Tennessee, to be United No. 4158, to set aside $6,000,000 for the Aerospace States District Judge for the Eastern District of Ten- Relay Mirror System (ARMS) Demonstration. nessee. (See next issue.) Linda R. Reade, of Iowa, to be United States Dis- Warner Amendment No. 4159, to authorize funds trict Judge for the Northern District of Iowa. for requirements development of a littoral ship in Routine lists in the Navy. Pages S6091–95 Ship Concept Advanced Design (PE 0603563N). Messages From the House: (See next issue.) (See next issue.) Reid (for Byrd) Amendment No. 4160, to provide Measures Referred: (See next issue.) for monitoring implementation of the 1979 United Measures Placed on Calendar: (See next issue.) States-China Agreement on Cooperation in Science Measures Read First Time: (See next issue.) and Technology. (See next issue.) Warner (for Thompson) Amendment No. 4161, to Additional Cosponsors: (See next issue.) require biannual reports on foreign persons who con- Statements on Introduced Bills/Resolutions: tribute to the proliferation of weapons of mass de- (See next issue.) struction, and their delivery systems, by countries of Additional Statements: (See next issue.) proliferation concern. (See next issue.) Warner (for Hatch) Amendment No. 4162, to Amendments Submitted: (See next issue.) commend military chaplains. (See next issue.) Notices of Hearings/Meetings: (See next issue.)

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Authority for Committees to Meet: (See next issue.) Defense; Brig. Gen. David L. Grange, USA (Ret.), Record Votes: One record vote was taken today. Chicago, Illinois; and Peter Tomsen, Ambassador in (Total—163) (See next issue.) Residence, University of Nebraska, Omaha, former Ambassador to Armenia, and former Special Envoy Adjournment: Senate met at 9:30 a.m., and ad- to Afghanistan. journed at 9:34 p.m., until 9:30 a.m., on Thursday, June 27, 2002. (For Senate’s program, see the re- NOMINATIONS marks of the Acting Majority Leader in today’s Committee on Foreign Relations: Committee concluded Record on page S6091). hearings on the nominations of Mark Sullivan, of Maryland, to be United States Director of the Euro- Committee Meetings pean Bank for Reconstruction and Development; and Paul William Speltz, of Texas, to be United States (Committees not listed did not meet) Director of the Asian Development Bank, with the rank of Ambassador, after the nominees, testified and TRANSPORTATION EQUITY ACT answered questions in their own behalf. Committee on Banking, Housing, and Urban Affairs: Subcommittee on Housing and Transportation con- DEPARTMENT OF HOMELAND SECURITY cluded hearings to examine the Transportation Eq- AND INTELLIGENCE COMMUNITY uity Act for the 21st Century, focusing on funding Committee on Governmental Affairs: Committee held issues and investing in economic development and hearings to examine the relationship between a fu- the environment, after receiving testimony from Carl ture Department of Homeland Security and the cur- Guardino, Silicon Valley Manufacturing Group, San rent federal, state, and local intelligence commu- Jose, California; Herschel Abbot, BellSouth, Hank nities, receiving testimony from William B. Berger, Dittmar, Great American Station Foundation, on be- North Miami Beach Police Department, Miami, half of the Surface Transportation Policy Project, and Florida, on behalf of the International Association of Michael A. Replogle, Environmental Defense, all of Chiefs of Police; Ashton B. Carter, Harvard Univer- Washington, D.C.; and Robert Broadbent, Las Vegas sity John F. Kennedy School of Government Preven- Monorail Company, Las Vegas, Nevada. tive Defense Project, Cambridge, Massachusetts, former Assistant Secretary of Defense for Inter- ENFORCING CORPORATE GOVERNANCE national Security Policy; Lt. Gen. Patrick M. Committee on Commerce, Science, and Transportation: Sub- Hughes, USA (Ret.), former Director, Defense Intel- committee on Consumer Affairs, Foreign Commerce, ligence Agency; Lt. Gen. William E. Odom, USA and Tourism concluded hearings to examine issues (Ret.), former Director, National Security Agency; and perspectives in enforcing corporate governance in and Jeffrey H. Smith, Arnold and Porter, Wash- order to assure individual investors that their inter- ington, D.C., former General Counsel, Central Intel- ests are protected and that the information received ligence Agency. is truthful as a part of an overall investment banking Hearings continue tomorrow. reform, focusing on the experience of the State of New York, after receiving testimony from New York NOMINATION State Attorney General Eliot Spitzer, New York. Committee on Governmental Affairs: Committee con- cluded hearings on the nomination of James E. BUSINESS MEETING Boasberg, to be an Associate Judge of the Superior Committee on Finance: Committee ordered favorably Court of the District of Columbia, after the nomi- reported H.R. 4737, to reauthorize and improve the nee, who was introduced by Senator Warner, testi- program of block grants to States for temporary as- fied and answered questions in his own behalf. sistance for needy families, and improve access to quality child care, with an amendment in the nature BUSINESS MEETING of a substitute. Committee on Health, Education, Labor, and Pensions: AFGHANISTAN Committee met and began consideration of S. 710, to require coverage for colorectal cancer screenings, Committee on Foreign Relations: Committee concluded but did not complete action thereon, and recessed hearings to examine the current situation in Afghan- subject to call. istan, focusing on conducting the war on terrorism, fostering internal governance, and providing human- TRIBAL TRUST FUNDS itarian and development assistance, after receiving Committee on Indian Affairs: Committee held over- testimony from Richard L. Armitage, Deputy Sec- sight hearings on the status of the dialogue between retary of State; Paul Wolfowitz, Deputy Secretary of the U.S. Department of the Interior and American

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Indian and Alaska Native leaders on various alter- form and the reorganization of homeland defense, fo- natives for the reorganization of the Department of cusing on the inclusion of the Immigration and Nat- the Interior to improve the management of tribal uralization Service in the new Department of Home- trust funds, receiving testimony from J. Steven land Security, and the impact this would have on Griles, Deputy Secretary, and Neal A. McCaleb, As- immigration law and policy, and the adjudication of sistant Secretary for Indian Affairs, both of the De- immigration services and benefits, receiving testi- partment of the Interior; and Tex G. Hall, Three Af- mony from Kathleen Campbell Walker, El Paso, filiated Tribes of the Fort Berthold Reservation, New Texas, on behalf of the American Immigration Law- Town, North Dakota, and Susan Masten, Yurok yers Association; Bill Ong Hing, University of Cali- Tribe of Indians of California, Eureka, both on be- fornia School of Law, Davis, on behalf of the Na- half of the Tribal Leader/Department of the Interior tional Asian Pacific American Legal Consortium; Trust Reform Task Force. David A. Martin, University of Virginia School of Hearings will continue on Tuesday, July 30. Law, Charlottesville, former General Counsel, Immi- HOMELAND SECURITY INFRASTRUCTURE gration and Naturalization Service, Department of Committee on the Judiciary: Committee held hearings Justice; and Judge Dana Marks Keener, San Fran- to examine the President’s proposal for reorganizing cisco, California, on behalf of the National Associa- our homeland defense infrastructure and establishing tion of Immigration Judges. a Department of Homeland Security, receiving testi- Hearings recessed subject to call. mony from Tom Ridge, Director of the Transition Planning Office for the Department of Homeland BUSINESS MEETING Security. Select Committee on Intelligence: Committee met in Hearings recessed subject to call. closed session to consider pending intelligence mat- IMMIGRATION REFORM AND HOMELAND ters, made no announcements, and recessed subject DEFENSE to call. Committee on the Judiciary: Subcommittee on Immi- gration held hearings to examine immigration re- h House of Representatives H.R. 4962, to amend title XVIII of the Social Se- Chamber Action curity Act to make rural health care improvements Reports Filed: Reports were filed as follows: under the Medicare Program (H. Rept. 107–540 Pt. H. Res. 461, providing for consideration of H.R. 1); 5010, making appropriations for the Department of H.R. 4987, to amend title XVIII of the Social Se- Defense for the fiscal year ending September 30, curity Act to improve payments for home health 2003 (H. Rept. 107–536); services and for direct graduate medical education H. Res. 462, providing for consideration of H.R. (H. Rept. 107–541 Pt. 1); 5011, making appropriations for military construc- H.R. 4988, to amend title XVIII of the Social Se- tion, family housing, and base realignment and clo- curity Act to establish the Medicare Benefits Admin- sure for the Department of Defense for the fiscal year istration within the Department of Health and ending September 30, 2003 (H. Rept. 107–537); Human Services (H. Rept. 107–542 Pt. 1); and H.R. 4013, to amend the Public Health Service H. Res. 463, providing for consideration of mo- Act to establish an Office of Rare Diseases at the tions to suspend the rules (H. Rept. 107–538); National Institutes of Health (H. Rept. 107–543); H.R. 4954, to amend title XVIII of the Social Se- H.R. 4961, to establish a National Bipartisan curity Act to provide for a voluntary program for Commission on the Future of Medicaid (H. Rept. 107–544); prescription drug coverage under the Medicare Pro- H.R. 4989, to amend the Public Health Service gram, to modernize and reform payments and the Act to provide for grants to health care providers to regulatory structure of the Medicare Program, implement electronic prescription drug programs (H. amended (H. Rept. 107–539 Pt. 1); Rept. 107–545);

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H.R. 4990, to amend the Federal Food, Drug, and er, how, and to what extent information provided by Cosmetic Act to establish requirements with respect whistleblowers should be disseminated. to the sale of, or the offer to sell, prescription drugs Pages H3945–47 through the Internet (H. Rept. 107–546); Agreed to H. Res. 458, the rule that provided for H.R. 4991, to amend title XIX of the Social Se- consideration of the bill by voice vote. curity Act to revise disproportionate share hospital Pages H3934–36 payments under the Medicaid Program (H. Rept. Recess: The House recessed at 1:14 p.m. and recon- 107–547); vened at 2:19 p.m. Page H3952 H.R. 4992, to amend the Public Health Service Act to establish health professions programs regard- Motions to Adjourn: Rejected the Hastings of Flor- ing practice of pharmacy (H. Rept. 107–548); ida motions to adjourn by a yea-and-nay vote of 45 H.R. 4986, to amend part B of title XVIII of the yeas to 378 nays, Roll No. 262 and a yea-and-nay Social Security Act to improve payments for physi- vote of 40 yeas to 384 nays, Roll No. 263. cians’ services and other outpatient services furnished Pages H3952, H3960 under the Medicare Program (H. Rept. 107–549 Pt. Trade Act of 2002: The House agreed to H. Res. 1); 450, the rule relating to consideration of the Senate H.R. 4985, to amend title XVIII of the Social Se- amendment to H.R. 3009, to extend the Andean curity Act to revitalize the Medicare+Choice Pro- Trade Preference Act and to grant additional trade gram, establish a Medicare+Choice competition pro- benefits under that Act, by a yea-and-nay vote of gram, and to improve payments to hospitals and 216 yeas to 215 nays with 1 voting ‘‘present,’’ Roll other providers under part A of the Medicare Pro- No. 264. Pages H3952–60, H3961–64 gram (H. Rept. 107–550 Pt. 1); and Pursuant to the rule, the House agreed to the Sen- H.R. 4984, to amend title XVIII of the Social Se- ate amendment to H.R. 3009, to extend the Andean curity Act to provide for a Medicare prescription Trade Preference Act and to grant additional trade drug benefit (H. Rept. 107–551 Pt. 1). Page H4064 benefits under that Act, with an amendment. The Speaker Pro Tempore: Read a letter from the House then insisted on its amendment and asked for Speaker wherein he appointed Representative John- a conference with the Senate thereon. Appointed as son of Illinois to act as Speaker pro tempore for conferees: From the Committee on Ways and Means today. for consideration of the House amendment and the Guest Chaplain: The prayer was offered by the Senate amendment, and modifications committed to guest Chaplain, Rev. David E. Paul, Pastor, First conference: Chairman Thomas and Representatives United Methodist Church of Clewiston, Florida. Crane and Rangel. Page H4020 Page H3931 From the Committee on Education and the Work- force, for consideration of section 603 of the Senate Journal: Agreed to the Speaker’s approval of the amendment and modifications committed to con- Journal of Tuesday, June 25 by a recorded vote of ference: Chairman Boehner and Representatives Sam 369 yeas to 41 nays with 1 voting ‘‘present,’’ Roll Johnson of Texas and George Miller of California. Page H3950 No. 261. Page H4020 Recess: The House recessed at 10:42 a.m. and re- From the Committee on Energy and Commerce convened at 10:56 a.m. Page H3936 for consideration of section 603 of the Senate amend- Homeland Security Information Sharing Act: ment and modifications committed to conference: The House passed H.R. 4598, to provide for the Chairman Tauzin and Representatives Bilirakis and sharing of homeland security information by Federal Dingell. Page H4020 intelligence and law enforcement agencies with State From the Committee on Government Reform for and local entities by a yea-and-nay vote of 422 yeas consideration of section 344 of the House amend- to 2 nays, Roll No. 258. Pages H3936–48 ment and section 1143 of the Senate amendment, Agreed to the Committee amendment in the na- and modifications committed to conference: Chair- ture of a substitute now printed in the bill (H. man Burton of Indiana and Representatives Barr of Rept. 107–534, Part 1) and made in order by the Georgia and Waxman. Page H4020 rule. Pages H3944–45 From the Committee on the Judiciary for consid- Withdrawn: eration of sections 111, 601, and 701 of the Senate Jackson-Lee amendment was offered but subse- amendment, and modifications committed to con- quently withdrawn that sought to require the Presi- ference: chairman Sensenbrenner and Representatives dent to prescribe procedures which determine wheth- Coble and Conyers. Page H4020

VerDate 11-MAY-2000 06:19 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JN2.REC pfrm04 PsN: D26JN2 June 26, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D689 From the Committee on Rules for consideration of with regard to the United States National Soccer sections 2103, 2105 and 2106 of the House amend- Team and its historic performance in the 2002 FIFA ment and sections 2103, 2105, and 2106 of the Sen- World Cup tournament, by unanimous consent. ate amendment, and modifications committed to Agreed to the Sullivan amendment that commends conference: Chairman Dreier and Representatives the United States Soccer Federation, United States Linder and Hastings of Florida. Page H4020 Soccer Foundation, and coaches and parents of young Suspensions: The House agreed to suspend the rules soccer players around the country for their role in and pass the following measures that were debated the success of soccer in the United States. on June 25: Pages H4025–27 Sex Tourism Prohibition: H.R. 4477, amended, In Honor of Jack Buck—Voice of the St. Louis to amend title 18, United States Code, with respect Cardinals: The House agreed to H. Res. 455, hon- to crimes involving the transportation of persons and oring the life of John Francis ‘‘Jack’’ Buck. sex tourism (agreed to by a yea-and-nay vote of 418 Pages H4027–28 yeas to 8 nays, Roll No. 259); Page H3949 Senate Messages: Message received from the Senate Social Security Program Protection: H.R. 4070, appears on page H3931. amended, to amend the Social Security Act and the Referral: S. 2621 was referred to the Committee on Internal Revenue Code of 1986 to provide additional the Judiciary. Page H3931 safeguards for Social Security and Supplemental Se- Quorum Calls—Votes: Seven yea-and-nay votes and curity Income beneficiaries with representative pay- two recorded votes developed during the proceedings ees and to enhance program protections (agreed to of the House today and appear on pages H3948, by a recorded vote of 425 ayes with none voting H3949, H3949–50, H3950–51, H3952, H3960, ‘‘nay,’’ Roll No. 260); Pages H3949–50 H3963–64, H4020–21, and H4021–22. There were 2002 Securities and Exchange Commission Au- no quorum calls. thorization: H.R. 3764, to authorize appropriations for the Securities and Exchange Commission (agreed Adjournment: The House met at 10 a.m. and at to by a yea-and-nay vote of 422 yeas to 4 nays, Roll 11:20 p.m. stands in recess subject to the call of the Chair. No. 265); and Pages H4020–21 New Hampshire-Vermont Interstate School Compact: H.R. 3180, to consent to certain amend- Committee Meetings ments to the New Hampshire-Vermont Interstate School Compact (agreed to by a yea-and-nay vote of REVIEW PROPOSAL—DEPARTMENT OF 425 yeas with none voting ‘‘nay,’’ Roll No. 266). HOMELAND SECURITY Page H4021–22 Committee on Agriculture: Held a hearing to review the Motion to Instruct Conferees—Help America Administration’s proposed legislation creating a De- Vote Act: Representative Langevin announced his partment of Homeland Security. Testimony was intention to offer a motion to instruct conferees on heard from Bob Odom, Commissioner, Department the disagreeing votes of the two Houses on the Sen- of Agriculture and Forestry, State of Louisiana; ate amendments to H.R. 3295, Help America Vote Roger Johnson, Commissioner, Department of Agri- Act, to recede from disagreement with the provisions culture, State of North Dakota; Meg Scott Phipps, contained in subparagraphs (A) and (B) of section Commissioner, Department of Agriculture and Con- 101(a)(3) of the Senate amendment to the House bill sumer Services, State of North Carolina; and public (relating to the accessibility of voting systems for in- witnesses. dividuals with disabilities). Page H4022 Capitol Police Retention, Recruitment, and Au- AGRICULTURE, RURAL DEVELOPMENT, thorization Act: The House passed H.R. 5018, to FDA AND RELATED AGENCIES direct the Capitol Police Board to take steps to pro- APPROPRIATIONS mote the retention of current officers and members Committee on Appropriations: Subcommittee on Agri- of the Capitol Police and the recruitment of new of- culture, Rural Development, Food and Drug Admin- ficers and members of the Capitol Police, by unani- istration and Related Agencies approved for full mous consent. Pages H4022–24 Committee action the Department of Agriculture, Historic Performance of the United States Soc- Rural Development, Food and Drug Administration cer Team: The House agreed to H. Res. 445, ex- and Related Agencies appropriations for fiscal year pressing the sense of the House of Representatives 2003.

VerDate 11-MAY-2000 06:19 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JN2.REC pfrm04 PsN: D26JN2 D690 CONGRESSIONAL RECORD — DAILY DIGEST June 26, 2002 TREASURY, POSTAL SERVICE AND HOMELAND SECURITY—SHOULD GENERAL GOVERNMENT APPROPRIATIONS CONSULAR AFFAIRS BE TRANSFERRED Committee on Appropriations: Subcommittee on Treas- Committee on Government Reform: Subcommittee on ury, Postal Service and General Government ap- Civil Service, Census and Agency Organization held proved for full Committee action the Department of a hearing on ‘‘Homeland Security: Should Consular Treasury, Postal Service and General Government ap- Affairs be Transferred to the new Department of propriations for fiscal year 2003. Homeland Security?’’ Testimony was heard from Grant S. Green, Jr., Under Secretary, Management, REVIEW PROPOSED—DEPARTMENT OF Department of State; and public witnesses. HOMELAND SECURITY SPRING VALLEY REVISITED—STATUS OF Committee on Armed Services: Held a hearing on the CONTAMINATED SITES CLEANUP Administration’s proposal to create a new Depart- Committee on Government Reform: Subcommittee on the ment of Homeland Security, and its impact on the District of Columbia held a hearing on Spring Val- Department of Defense and defense-related aspects of ley Revisited—The Status of the Cleanup of Con- the Department of Energy. Testimony was heard taminated Sites in Spring Valley. Testimony was from Stephen A. Cambone, Principal Deputy Under heard from Representative Blumenauer; David Secretary (Policy), Department of Defense; and John Wood, Director, Natural Resources and Environ- Gordon, Administrator, National Nuclear Security ment, GAO; the following officials of the Depart- Administration, Department of Energy. ment of the Army: Raymond J. Fatz, Deputy Assist- ant Secretary, Environment, Safety and Occupational OUTSOURCING: REVIEW—COMMERCIAL Health; and Col. Charles J. Fiala, Jr., USA, Balti- ACTIVITIES PANEL REPORT more District Engineer, U.S. Army Corps of Engi- Committee on Armed Services: Subcommittee on Mili- neers; Thomas C. Voltaggio, Regional Adminis- tary Readiness held a hearing on Outsourcing: Re- trator, Region III, EPA; Robert C. Williams, Direc- view of the Commercial Activities Panel Report. tor, Division of Health Assessment and Consultation, Testimony was heard from David M. Walker, Comp- Agency for Toxic Substances and Disease Registry, troller General and Chairman, Commercial Activities Department of Health and Human Services; the fol- Panel, GAO; Angela B. Styles, Administrator, Office lowing officials of the District of Columbia: Theo- of Federal Procurement Policy, OMB; Michael dore Gordon, Senior Deputy Director, Public Health Wynn, Deputy Under Secretary (Acquisition, Tech- Assurance, Department of Health; and Bailus Walk- nology and Logistics), Department of Defense; and er, Jr., Chairman, Mayor’s Spring Valley Scientific public witnesses. Advisory Panel; and public witnesses. SINGLE AUDIT ACT FINANCIAL ACCOUNTING STANDARDS Committee on Government Reform: Subcommittee on BOARD ACT Government Efficiency, Financial Management, and Committee on Energy and Commerce: Subcommittee on Intergovernmental Relations, held a hearing on ‘‘The Commerce, Trade and Consumer Protection held a Single Audit Act: Is it Working?’’ Testimony was hearing on the Financial Accounting Standards heard from Sally E. Thompson, Director, Financial Board Act. Testimony was heard from Edmund L. Management and Assurance, GAO; Mark W. Jenkins, Chairman, Financial Accounting Standards Everson, Controller, OMB; Frederick T. Knicker- Board; and public witnesses. bocker, Associate Director, Economic Programs, Bu- reau of the Census, Department of Commerce; the AREA CODE EXHAUSTION following officials of the Department of Education: Committee on Energy and Commerce: Subcommittee on Jack Martin, Chief Financial Officer; and Thomas A. Telecommunications and the Internet held a hearing Carter, Assistant Inspector General, Audit Services; on Area Code Exhaustion: What are the Solutions? Elizabeth A. Hanson, Director, Departmental Real Testimony was heard from Dorothy Atwood, Bureau Estate Assessment Center, Department of Housing Chief, Wireline Competition Bureau, FCC; and pub- and Urban Development; and a public witness. lic witnesses. HOMELAND SECURITY ACT Committee on International Relations: Held a hearing on CONSUMER RENTAL AGREEMENT ACT H.R. 5005, Homeland Security Act of 2002. Testi- Committee on Financial Services: Began consideration of mony was heard from hearing and markup of the H.R. 1701, Consumer Rental Agreement Act. Homeland Security Act of 2002. Testimony was Will continue tomorrow. heard from the following officials of the Department

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of State: Marc Grossman, Under Secretary, Political Committee of the Whole to accord priority in rec- Affairs; and George Lannon, Principal Deputy As- ognition to Members who have pre-printed their sistant Secretary, Consular Affairs. amendments in the Congressional Record. The rule PROPOSED DEPARTMENT OF HOMELAND provides one motion to recommit with or without SECURITY instructions. Finally, the rule provides that upon adoption of the resolution it shall be in order, any Committee on the Judiciary: Held a hearing on ‘‘The rule of the House notwithstanding, to consider con- Proposal to Create a Department of Homeland Secu- current resolutions providing for adjournment of the rity.’’ Testimony was heard from Tom Ridge, Assist- ant to the President, Office of Homeland Security House and Senate during the month of July. Testi- Adviser. mony was heard from Representatives Lewis of Cali- fornia and Murtha. MISCELLANEOUS MEASURES Committee on Resources: Ordered reported the following MILITARY CONSTRUCTION measures: H. Con. Res. 408, honoring the American APPROPRIATIONS Zoo and Aquarium Associate and its accredited Committee on Rules: Granted, by voice vote, an open member institutions for their continued service to rule on H.R. 5011, making appropriations for mili- animal welfare, conservation education, conservation tary construction, family housing, and base realign- research, and wildlife conservation programs; H. ment and closure for the Department of Defense for Con. Res. 425, calling for the full appropriation of the fiscal year ending September 30, 2003, and for the State and tribal shares of the Abandoned Mine other purposes providing one hour of general debate Reclamation Fund; H.R. 2990, amended, Lower Rio equally divided and controlled by the chairman and Grande Valley Water Resources Conservation and ranking member of the Committee on Appropria- Improvement Act of 2001; H.R. 3048, amended, tions. The rule waives all points of order against Russian River Land Act; H.R. 3223, amended, consideration of the bill. The rule waives clause 2 of Jicarilla Apache Reservation Rural Water System rule XXI (prohibiting unauthorized or legislative Act; H.R. 3258, amended, Reasonable Right-of-Way Fees Act of 2001; H.R. 3401, amended, California provisions in an appropriations bill) against provi- Five Mile Regional Learning Center Transfer Act; sions in the bill. The rule provides that the bill shall H.R 3534, amended, Cherokee, Choctaw, and be considered for amendment by paragraph. The rule Chisksaw Nations Claims Settlement Act; H.R. authorizes the Chairman of the Committee of the 3813, Coal Accountability and Retired Employee Whole to accord priority in recognition to Members Act for the 21st Century; H.R. 3815, Presidential who have pre-printed their amendments in the Con- Historic Site Study Act; H.R. 4638, to reauthorize gressional Record. The rule provides one motion to the Mni Wiconi Rural Water Supply Project; H.R. recommit with or without instructions. Finally, the 4807, Susquehanna National Wildlife Refuge Expan- rule provides that H. Res. 421 be laid upon the sion Act; H.R. 4870, amended, Mount Naomi Wil- table. Testimony was heard from Representatives derness Boundary Adjustment Act; and H.R. 4883, Hobson and Olver. amended, to reauthorize the Hydrographic Services Improvement Act of 1998. MOTION TO SUSPEND THE RULES The Committee also began consideration of H.R. Committee on Rules: Granted, by voice vote, a resolu- 4749, Magnuson-Stevens Act Amendments of 2002. tion providing that it shall be in order at any time DEFENSE APPROPRIATIONS on the legislative day of Thursday, June 27, 2002, for the Speaker to entertain motions that the House Committee on Rules: Granted, by voice vote, an open suspend the rules relating to H. Res. 459, expressing rule on H.R. 5010, making appropriations for the the sense of the House of Representatives that Department of Defense for the fiscal year ending Newdow v. U.S. Congress was erroneously decided. September 30, 2002, providing one hour of general Testimony was heard from Chairman Sensenbrenner debate equally divided and controlled by the chair- man and ranking member of the Committee on Ap- and Representative Pickering. propriations. The rule waives all points of order against consideration of the bill. The rule waives FREEDOM CAR; GETTING NEW clause 2 of rule XXI (prohibiting unauthorized or TECHNOLOGY INTO THE MARKETPLACE legislative provisions in an appropriations bill) Committee on Science: Subcommittee on Energy held a against provisions in the bill. The rule provides that hearing on Freedom Car: Getting New Technology the bill shall be considered for amendment by para- into the Marketplace. Testimony was heard from graph. The rule authorizes the Chairman of the public witnesses.

VerDate 11-MAY-2000 06:19 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JN2.REC pfrm04 PsN: D26JN2 D692 CONGRESSIONAL RECORD — DAILY DIGEST June 26, 2002 MISCELLANEOUS MEASURES Full Committee, business meeting to mark up pro- posed legislation making appropriations for the Depart- Committee on Transportation and Infrastructure: Ordered ment of the Interior and related agencies for the fiscal reported the following bills: H.R. 5012, John F. year ending September 30, 2003, proposed legislation Kennedy Center Plaza Authorization Act; H.R. making appropriations for military construction, family 3479, amended, National Aviation Capacity Expan- housing, and base realignment and closure for the De- sion Act; H.R. 1070, amended, Great Lakes Legacy partment of Defense for the fiscal year ending September Act of 2001; and H.R. 4635, amended, Arming Pi- 30, 2003, and 302(b) subcommittee allocations for fiscal lots Against Terrorism Act. year 2003, 2 p.m., S–128, Capitol. The Committee also approved the following: sev- Committee on Banking, Housing, and Urban Affairs: to eral GSA Fiscal Year Investment and Leasing resolu- hold oversight hearings to examine the preliminary find- tions; and several U.S. Army Corps of Engineers Sur- ings of the Commission on Affordable Housing and vey resolution. Health Facility Need for Seniors in the 21st Century, 10 a.m., SD–538. VETERANS HEALTH-CARE ITEMS Committee on Commerce, Science, and Transportation: Sub- PROCUREMENT REFORM AND committee on Surface Transportation and Merchant Ma- IMPROVEMENT ACT rine, with the Committee on Appropriations, Sub- Committee on Veterans’ Affairs: Subcommittee on committee on Transportation, to hold joint hearings to Health held a hearing on H.R 3645, Veterans examine cross border trucking issues, 9:30 a.m., SR–253. Committee on Environment and Public Works: business Health-Care Items Procurement Reform and Im- meeting to consider pending calendar business, 9:30 a.m., provement Act of 2002. Testimony was heard from SD–406. the following officials of the Department of Veterans Committee on Finance: to hold hearings on the nomina- Affairs: Mark Catlett, Principal Deputy Assistant tion of Charlotte A. Lane, of West Virginia, to be a Secretary, Management; and John S. Bilobran, Dep- Member of the United States International Trade Com- uty Assistant Inspector General, Auditing; Cindy A. mission, 10 a.m., SD–215. Bascetta, Director, Health Care-Veterans’ Health and Committee on Foreign Relations: Subcommittee on Central Benefits Issues, GAO; and public witnesses. Asia and South Caucasus, to hold hearings to examine the balancing of military assistance and support for human CREATION—HOMELAND SECURITY rights in central Asia, 2:30 p.m., SD–419. DEPARTMENT Committee on Governmental Affairs: to continue hearings Committee on Ways and Means: Held a hearing on Cre- to examine the relationship between a Department of ation of Homeland Security Department. Testimony Homeland Security and the intelligence community, 1 was heard from Jimmy Gurule, Under Secretary, Of- p.m., SD–342. fice of Enforcement, Department of the Treasury; Committee on Health, Education, Labor, and Pensions: to and public witnesses. hold hearings to examine Title IX of the Education Amendments Act of 1972, focusing on 30 years of GLOBAL HOT SPOTS progress, 2:30 p.m., SD–430. Permanent Select Committee on Intelligence: Met in execu- Committee on the Judiciary: business meeting to consider tive session to receive a briefing on Global Hot H.R. 3375, to provide compensation for the United States citizens who were victims of the bombings of Spots. The Committee was briefed by departmental United States embassies in East Africa on August 7, witnesses. 1998, on the same basis as compensation is provided to f victims of the terrorist-related aircraft crashes on Sep- tember 11, 2001; S. 2134, to allow American victims of COMMITTEE MEETINGS FOR THURSDAY, state sponsored terrorism to receive compensation from JUNE 27, 2002 blocked assets of those states; S. 486, to reduce the risk (Committee meetings are open unless otherwise indicated) that innocent persons may be executed; S. 2633, to pro- hibit an individual from knowingly opening, maintain- Senate ing, managing, controlling, renting, leasing, making Committee on Appropriations: Subcommittee on Transpor- available for use, or profiting from any place for the pur- tation, with the Committee on Commerce, Science, and pose of manufacturing, distributing, or using any con- Transportation, Subcommittee on Surface Transportation trolled substance; S. 862, to amend the Immigration and and Merchant Marine, to hold joint hearings to examine Nationality Act to authorize appropriations for fiscal years cross border trucking issues, 9:30 a.m., SR–253. 2002 through 2006 to carry out the State Criminal Alien Subcommittee on Interior, business meeting to mark Assistance Program; S. 1339, to amend the Bring Them up proposed legislation making appropriations for the Home Alive Act of 2000 to provide an asylum program Department of the Interior and related agencies for the with regard to American Persian Gulf War POW/MIAs; fical year ending September 30, 2003, 10 a.m., S–128, S. 2395, to prevent and punish counterfeiting and copy- Capitol. right piracy; S. 2513, to asses the extent of the backlog

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in DNA analysis of rape kit samples, and to improve in- Committee on International Relations, hearing on Pro- vestigation and prosecution of sexual assault cases with moting Economic Development in Africa Through Ac- DNA evidence; S. Res. 281, designating the week begin- countability and Good Governance, 10 a.m., 2172 Ray- ning August 25, 2002, as ‘‘National Fraud Against Senior burn. Citizens Awareness Week’’; S. Res. 284, expressing sup- Committee on the Judiciary, oversight hearing on ‘‘The port for ‘‘National Night Out’’ and requesting that the Revisions to the Attorney General’s Investigative Guide- President make neighborhood crime prevention, commu- lines,’’ 10 a.m., 2141 Rayburn. nity policing, and reduction of school crime important Subcommittee on Courts, the Internet, and Intellectual priorities of the Administration; and the nominations of Property, oversight hearing on ‘‘Unpublished Judicial Lavenski R. Smith, of Arkansas, to be United States Cir- Opinions,’’ 2 p.m., 2141 Rayburn. cuit Judge for the Eighth Circuit, and the nomination of Subcommittee on Immigration, Border Security, and John M. Rogers, of Kentucky, to be United States Circuit Judge for the Sixth Circuit, 10 a.m., SD–226. Claims, hearing on H.R. 5005, Homeland Security Act Full Committee, to hold hearings on the nominations of 2002, 3 p.m., 2237 Rayburn. of Dennis W. Shedd, of South Carolina, to be United Committee on Resources, Subcommittee on Fisheries Con- States Circuit Judge for the Fourth Circuit; Terrence F. servation, Wildlife and Ocean’s, to mark up H. Con. Res. McVerry, to be United States District Judge for the 419, requesting the President to issue a proclamation in Western District of Pennsylvania; and Arthur J. Schwab, observance of the 100th Anniversary of the founding of to be United States District Judge for the Western Dis- the International Association of Fish and Wildlife Agen- trict of Pennsylvania, 2 p.m., SD–226. cies; followed by an oversight hearing on the Coral Reef Conservation Act of 2000, Executive Order 13089, and House the oceanic conditions contributing to coral reef decline, Committee on Agriculture, Subcommittee on Department 10 a.m., 1324 Longworth. Operations, Oversight, Nutrition and Forestry, hearing on Subcommittee on National Parks, Recreation and Pub- Roadless areas in our National Forests, 10 a.m., 1300 lic Lands, hearing on H.R. 4968, to provide for the ex- Longworth. change of certain lands in the State of Utah, 2 p.m., Committee on Appropriations, Subcommittee on Foreign 1334 Longworth. Operations, Export Financing and Related Programs, on Committee on Science, hearing on H.R. 5005, Homeland the President’s proposed Millennium Challenge, 10 a.m., Security Act, 10 a.m., 2318 Rayburn. 2359 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Legislative, to mark up appropria- committee on Highways and Transit, hearing on various tions for fiscal year 2003, 10 a.m., H–140 Capitol. approaches to Improving Highway Safety, 10 a.m., 2167 Committee on Armed Services, Subcommittee on Military Rayburn. Procurement and the Subcommittee on Military Research Permanent Select Committee on Intelligence, executive, hear- and Development, joint hearing on missile defense, 1 ing on Creation of the Department of Homeland Security, p.m., 2118 Rayburn. Committee on Education and the Workforce, Subcommittee 2 p.m., H–405 Capitol. on Employer-Employee Relations, hearing on Union Re- Joint Meetings porting and Disclosure: Legislative Reform Proposals, 10:30 a.m., 2175 Rayburn. Conference: meeting of conferees on H.R. 4, to enhance Committee on Financial Services, to continue consideration energy conservation, research and development and to of H.R. 1701, Consumer Rental Agreement Act, 10 a.m., provide for security and diversity in the energy supply for 2128 Rayburn. the American people, 9:30 a.m., 2123 Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, June 27 10 a.m., Thursday, June 27

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 5010, morning business (not to extend beyond 10:30 a.m.), Sen- Department of Defense Appropriations Act for Fiscal Year ate will continue consideration of S. 2514, National De- 2003 (open rule, one hour of debate); fense Authorization Act, with a vote on the motion to Consideration of H. Res. 459, expressing the Sense of close further debate to occur thereon. the House of Representatives that Newdow v. U.S. Con- gress was erroneously decided (subject to a rule providing for consideration of the suspension); Consideration of H.R. 5011, Military Construction Ap- propriations Act for Fiscal Year 2003 (open rule, one hour of debate); Consideration of H.R. 4954, Medicare Modernization and Prescription Drug Act of 2002 (subject to a rule); Complete Consideration of Suspensions: (1) H. Con. Res. 424, Commending the Patriotism of Roofing Professionals Who Replaced, At No Cost, the Pentagon’s Slate Roof Destroyed on September 11; and (2) H.R. 3034, Frank Sinatra Post Office, Hoboken, New Jersey.

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

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $211.00 for six months, $422.00 per year, or purchased for $5.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

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