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

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

Vol. 147 WASHINGTON, TUESDAY, OCTOBER 16, 2001 No. 139 House of Representatives The House met at 12:30 p.m. and was southern border with Mexico in our Na- the trucks that cross those borders, called to order by the Speaker pro tem- tion. These areas are dying economi- and we have to do it more thoroughly pore (Mr. KIRK). cally and need our assistance now. than we ever did before. But let us in- f In the wake of the events of Sep- crease the resources to do it and not tember 11, this country has embarked try to do it with fewer resources. DESIGNATION OF SPEAKER PRO upon unprecedented procedures to in- For example, at the biggest border TEMPORE crease our domestic security, and those crossing in the world between 2 nations The SPEAKER pro tempore laid be- procedures are proper. We must have a in my district of San Ysidro, Cali- fore the House the following commu- new sense of preparedness; we must fornia, where between 50,000 and 100,000 nication from the Speaker: have a new sense of being on guard in people cross per day, the wait at the border because of the new security WASHINGTON, DC, this dangerous time of the 21st cen- October 16, 2001. tury. checks has gone from a half-hour to 4 I hereby appoint the Honorable MARK STE- But as we increase our security ef- hours, to 5 hours, to 7 hours, 8 hours or VEN KIRK to act as Speaker pro tempore on forts, we have not taken the steps to more. In fact, nobody knows how long this day. address the effects on our economy and the wait will be as they start off for J. DENNIS HASTERT, on our quality of lives as we take those jobs legally, for education legally, for Speaker of the House of Representatives. steps. Yes, we must be prepared and, cross-border cultural activities legally. f yes, we have to take these security Nobody knows how long it is going to take to cross that border, whether we MESSAGE FROM THE SENATE measures and, yes, we are going to have inconveniences that we have are talking about San Ysidro and Otay A message from the Senate by Mr. never experienced before, but let us Mesa and Tecate and Calexico, Cali- Monahan, one of its clerks, announced think these out thoroughly and take fornia; and Nogales, Naco and Douglas, that the Senate has passed a bill of the the steps to increase our resources, if Arizona; and Brownsville, Harlingen, San Benito, McAllen, Pharr, Edinburg, following title in which the concur- necessary, to make up for the problems Roma, Zapata, Rio Grande City, and El rence of the House is requested: caused by the increased security. Paso, Texas. These areas depend eco- S. 1447. An act to improve aviation secu- We have grounded, for example, much nomically on cross border traffic, cross rity, and for other purposes. of general aviation around this coun- border legal traffic. Legal traffic. Peo- try, causing incredible hardships on f ple who have the proper documents to one sector of our economy. We can MORNING HOUR DEBATES work and shop in our Nation. think that through and change that So businesses all along the border are The SPEAKER pro tempore. Pursu- situation. We bailed out the airlines, suffering losses from 50 to 80 to 90 per- ant to the order of the House of Janu- but all of the businesses and the econ- cent of their income. They are addi- ary 3, 2001, the Chair will now recog- omy related to airline flight, whether tional victims of September 11 and no- nize Members from lists submitted by travel agencies or rental cars or hotels, body seems to be worrying about them. the majority and minority leaders for and all the people associated with Yes, increase the border security. As- morning hour debates. The Chair will staffing those areas have been laid off, sure all Americans that no terrorists alternate recognition between the par- those businesses are in trouble, and are crossing. But let us increase the re- ties, with each party limited to not to yet, this Congress has taken no steps sources. exceed 30 minutes, and each Member, to help them. I have been told by the Director of except the majority leader, the minor- In an area where I know best because the INS in San Diego that if she had 20 ity leader, or the minority whip, lim- I represent the border district in San more inspectors per shift, that is 100 ited to not to exceed 5 minutes. Diego, California, which borders with more positions in San Diego, which The Chair recognizes the gentleman Mexico, towns and cities all along the would cost roughly $5 million or $6 mil- from California (Mr. FILNER) for 5 min- Mexican border have taken a hit such lion, she can reduce the border wait utes. as no other American community has from 6 hours to 20 minutes and assure f taken because of the security meas- us of the level 1 security that this ures. Yes, we have to protect our country demands and our citizens BORDER STATES EXPERIENCING northern and southern borders from want. We can do the security and we STATE OF ECONOMIC EMERGENCY any infiltration by terrorists and, yes, can keep a reasonable flow across that Mr. FILNER. Mr. Speaker, I rise on we have to inspect all of the pedes- border if we give some resources to the behalf of the towns and cities along the trians and all the vehicles and all of INS and to the Customs Service.

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 03:30 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.000 pfrm04 PsN: H16PT1 H6784 CONGRESSIONAL RECORD — HOUSE October 16, 2001 I have asked the Governor of Cali- pre-board screening and other security vate sector provides the remaining 85–90 per- fornia, and my colleagues have asked functions. cent of security personnel. the Governors of their border States, Furthermore, in Europe, following a Amsterdam: 2,000 private; 200–250 law en- to declare a state of emergency to spate of terrorism, events that oc- forcement. Brussels: 700 private; 40 law enforcement. bring attention to this economic dis- curred in the 1970s and the 1980s, the Paris-Charles DeGaulle: 500–600 private; 100 aster area. We have asked the Presi- aviation system exchanged their pre- police. dent of the United States to declare a viously nationalized workforce to a pri- Paris-Orly: 350–400 private; 50 police. national state of emergency. Let us get vate sector approach and workforce. In Lyons: 150 private; 30 police. help now to the border communities. these European airports these pri- Nice: 150–250 private, 20–30 police. We can have security and economic ac- vately contracted screeners are highly Frankfurt: 350 private; 500 federal, with tivity at the same time. trained, paid, and retained. We can plans to increase private participation. glean advice from these precedents: Geneva: 250 contract, 250 government. f Stockholm: 200 private; 40 law enforce- London Heathrow and Gatwick, Bel- PRIVATE-PUBLIC CONTROL OF ment. fast, Rome, Athens, and Paris, and the AVIATION WORKFORCE WORKS Norway Oslo; 150 private; 20 law enforce- aforementioned Tel Aviv. BEST ment. Now, I know Federal employees can Helsinki: 150 contract; 20 law enforcement. The SPEAKER pro tempore. Under do the job. I have great respect for Berlin: 450 private; 60 law enforcement. the Speaker’s announced policy of Jan- them. In fact, I am one myself. My fa- London Heathrow: 3,000 private contrac- uary 3, 2001, the gentleman from Flor- ther was an employee of the Federal tors for screening; hundreds doing guard and ida (Mr. STEARNS) is recognized during Government for 35 years. The case, Mr. perimeter security for the private British Airports authority; and 20 federal law en- morning hour debates for 5 minutes. Speaker, is not against government Mr. STEARNS. Mr. Speaker, it seems forcement. employees, but for the private-public London Gatwick: 1,500 private contractors that one of the continuing objections arrangement. It is a better model from doing screening; hundreds doing guard and to the upcoming legislation that is all of the experience of other airports, perimeter security for private British air- dealing with aviation security is the and we should learn from them. ports Authority; and 11 federal law enforce- whole question of the federalization of The solution also comes from the ment. the employee workforce at the airport. Transportation Secretary, Norman Mi- Sincerely, I rise today in opposition to total air- neta’s aviation workforce proposal, JOHN L. MICA, Chairman, Subcommittee on Aviation. port workforce federalization, and I am which would combine the best of both here to convince my colleagues of the the private and public sector worlds. It f same. Mr. Speaker, in general, foreign would institute Federal Government governments provide an average of 10 BIPARTISANSHIP IN DANGER OF control and oversight, while retaining SHATTERING to 15 percent of security personnel, the flexibility and accountability in- while the private sector provides the herent in the private sector. It would The SPEAKER pro tempore. Under remaining security personnel. take steps to promote the function of the Speaker’s announced policy of Jan- I would like to share my experience baggage screening to a higher level of uary 3, 2001, the gentleman from Or- in coming up here on United Airlines. professionalism. Specifically, the ad- egon (Mr. BLUMENAUER) is recognized It was Monday afternoon and I had administration’s proposal would imple- during morning hour debates for 5 min- vanced through the ticket counter and ment practices of more stringent hir- utes. the x-ray machine where both my ing, training, and better pay and bene- Mr. BLUMENAUER. Mr. Speaker, at carry-on and myself was inspected. The fits. Moreover, screeners would work in a time when people are justifiably con- flight attendant and another employee conjunction with law enforcement offi- cerned about the spread of toxic agents of United Airlines politely detained cers, including both local airport police in our mail system here on Capitol me. It seems that a pair of trimming and Federal marshals. Hill, I personally have a greater fear scissors which I carry in a small mani- Mr. Speaker, I believe this is the an- that we are going to fall prey to an cure kit had been detected with the swer to the real problem of security at agent that I think, in its own way, is metal detector. They asked, of course, our airports. Based upon a tradition of every bit as toxic. The bipartisanship permission to open up my bag, which I what works at other airports, I believe and cooperative problem-solving that gave them, and they asked me also to a private-public arrangement is the the President and our legislative lead- turn on my laptop computer. They pro- best solution. I hope my colleagues will ership have talked about and that the ceeded to investigate my person, in the support this approach. American public needs, not just sym- form of hand metal detection and a Mr. Speaker, I will insert into the bolically, but in a practical, hard- pat-down, and finally they permitted RECORD at this time a sheet distributed headed way, is in danger of being shat- me to board but, of course, not before by the gentleman from Florida (Mr. tered. confiscating my trimming scissors. MICA), chairman of the Subcommittee b 1245 Throughout the few minutes that it on Aviation, entitled ‘‘Fact vs. Fiction: Everybody here on Capitol Hill took, the two employees were resolute, The Truth About Airline Security.’’ It knows that, to date, the reality is not thorough and professional. further summarizes the arguments for quite as bright as the rhetoric and the I understand on Wednesday, October a public-private arrangement for effec- promise. Our desperate desire for unity 3, a bipartisan group of members of the tive airline security and has the statis- and cooperation has temporarily ob- Committee on Transportation and In- tics that bear out the argument that I scured some deep divisions. frastructure met with top security offi- have made. cials at El-Al, Israel’s state airline. CONGRESS OF THE UNITED STATES, There were rocky times on several This airline is widely considered to be HOUSE OF REPRESENTATIVES, items in the aftermath of the tragedy the most secure in the world, and any Washington, DC. on September 11, although it appeared of my colleagues who have flown it can FACT VS. FICTION: THE TRUTH ABOUT AIRLINE as though the President’s challenge probably attest to that fact. These ex- SECURITY was being met by the gentleman from perts emphasized that when they find a DEAR COLLEAGUE: Let me provide you with Illinois (Speaker HASTERT) and the screener to be negligent, that indi- the truth relating to effective airline secu- Democrats, the gentleman from Mis- vidual is relieved of his or her job im- rity screening. souri (Mr. GEPHARDT). mediately. They will simply not stand Fiction: We must create a new 27,000 Fed- A series of three events has the po- for any incompetent employee to re- eral employee bureaucracy to model Euro- tential to deal a body blow to our frag- main in place. In a proven example of pean success. ile accord. public-private partnership, the Ben Fact: Most airports in Europe provide se- The first, unfortunately, has already curity through a coordinated effort of public Gurion Airport Authority in Tel Aviv sector oversight and supervision of private occurred, with an unnecessary decision conducts training, establishes stand- screening contractors. In general, foreign by the President and the Republican ards, and manages the overall effort, governments provide an average of 10 to 15 leadership to abandon a carefully craft- while a private company conducts the percent of security personnel, while the pri- ed, bipartisan antiterrorist bill from

VerDate 11-MAY-2000 03:30 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.002 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6785 the Committee on the Judiciary. They SUPPORT ECONOMIC SECURITY been purchased come out of the tech- replaced it at the last minute, without AND RECOVERY ACT OF 2001 nology sector. consultation and without even the op- The SPEAKER pro tempore. Under I would note in 1994, or in the year portunity for amendment, and without the Speaker’s announced policy of Jan- 2000, private investment in information Members on this Chamber floor know- uary 3, 2001, the gentleman from Illi- processing equipment software grew at ing fully the implications of what they nois (Mr. WELLER) is recognized during an average rate of 28 percent. Invest- were voting on, and locked it into stat- morning hour debates for 5 minutes. ment in computers and peripheral com- ute for years to come. Mr. WELLER. Mr. Speaker, these are puters grew at an astounding 113 per- The second threat is brewing as we important times for our Nation as we cent average annual rate during that speak. The economic stimulus package respond to the attack on September 11, same period of time. which, without the President’s steady as we work to provide leadership to ad- However, that trend has reversed, hand and the leadership of the gen- dress the challenges that we face, as we and that sector that grew one-third of tleman from Illinois (Speaker work to provide the solutions to the our jobs is now in a slump. We have HASTERT), is going to turn into a grab military challenge, the international seen a loss of almost 400,000 jobs in bag of tax cuts that are to be chari- and national security issues, and also technology and telecommunications table, wildly controversial, and ex- the economic security issues. since January of this year, and actu- tremely problematic in terms of affect- I particularly wanted to commend ally an 8.4 percent drop in investment ing our economic recovery. President Bush for the strong, com- from the fourth quarter of 2000 to the Here again, this is legislation that manding leadership that he has shown second quarter of 2001. does not need to happen immediately. in response to the attack. I also want We do need to act quickly. We need We can take our time and do it right in to commend the leadership of this Con- to provide incentives to invest in the a cooperative and thoughtful fashion. gress, particularly the Speaker of the creation of jobs, as well as revitalize Last, and it is important and perhaps important sectors of our economy. most frustrating, there is legislation House, for his calm, strong leadership that he has shown as we address the Clearly, the technology sector needs that may be advanced that is designed help. to accentuate our differences on inter- terrorist attack on September 11. We have had several challenges. We This past week, the Committee on national trade, instead of enhancing bi- have given full authority to the Presi- Ways and Means moved out of the com- partisan cooperation that is possible. mittee and the legislation will now be There is a little contest that is brew- dent for the military action that is now under way. We have funded that before us in this House this week, what ing between the legislation of the gen- some call an economic stimulus pack- tleman from California (Chairman military action with $40 billion, as well as the emergency and recovery effort. age, but legislation that is called the THOMAS) and that of the gentleman Economic Security and Recovery Act, from New York (Mr. RANGEL) and the We have worked to address the finan- legislation designed to put more money gentleman from Michigan (Mr. LEVIN), cial challenges of our aviation sector, in consumers’ pockets, as well as pro- differences that are significant but not we have passed legislation out of this House, and we are working out the dif- vide incentives to invest. insurmountable. There are three provisions in this If the decision is made to force this ferences with the Senate on providing legislation that will have a big impact through and draw bright lines on trade special powers for our intelligence and in helping revitalize the technology issues instead of bringing us together, law enforcement agencies to go after more than just an opportunity will be terrorists. sector, which we need to revitalize if lost on the divisive and potentially ex- There is another challenge that we we are going to get this economy grow- plosive issue of trade. We could also have before us, though. That is a chal- ing again. The three provisions include the 30 slow the bipartisan momentum that is lenge that we were already feeling needed to deal appropriately with the prior to September 11. That was our percent expensing, providing greater threats of terrorism and the dangers to economic challenge. incentives to invest by business for the our economy. President Bush inherited a weak- next 3 years, a temporary provision; in- The American public deserves better. ening economy. The last 12 or 14 creasing the opportunity for small This is a unique opportunity to do our months we have seen changes in the di- business to invest from the current best. The President and the Republican rection of the economy. Unfortunately, level of $24,000 to $35,000; and also, the leadership should join with the Demo- the terrorist attack was also a psycho- net operating losses carryback, allow- cratic leadership rising to this occa- logical blow on our economy, causing ing businesses losing money now to sion. many consumers and business decision- credit that loss against previous in- The President can start today by in- makers to step back. come paid in previous years to get a re- sisting that any bill for trade pro- The question is, what type of action fund to free up capital that they can motion authority needs to have at should we take? Clearly, we need to act invest. least 250 votes on this floor, and we can quickly. We need to provide strong These provisions will make a big dif- do it. It should make serious advances leadership. We need to give confidence ference in revitalizing the technology in promoting trade while protecting back to consumers, as well as business sector. As we look at depreciation re- the environment, worker rights, and decisionmakers to spend and invest in form, the opportunity for a business to having legislation that does not put the future of our economy. expense 30 percent of the purchase cost foreign investor interests ahead of I believe, as we look at what type of of that asset will reward investment. those that are of legitimate American approach we need to take, that we need Currently, a computer is depreciated and private citizen interests. He should to be thinking short-term, what can we over 5 years. By expensing that first 30 exercise the unique leadership oppor- do to cause investment over the short- percent, that would be a big incentive tunity that he has to bring Congress term to protect current jobs and get to allow a business to recover the cost and the American public together. this economy growing again; essen- of investing in technology, computers, As our President and the legislative tially, a cash register effect; incentives software, peripheral equipment, med- leadership have all united in commu- that will cause business decision-mak- ical technology, high technology tele- nicating to the American public, we ers as well as consumers to spend and phone station equipment, wireless are in a long-term struggle. We are invest. equipment, as well as DSL and net- going to need the executive to do its Let me give an example of one sector working equipment they can expense job, we need Congress to function, we of the economy that has had a big im- now with 30 percent, with the legisla- need to be able to trust each other, and pact on our overall economy over the tion we passed out of the Committee on we need our committees to operate the past decade which currently has been Ways and Means that will be before the way that they are designed to do. suffering. That is the technology sec- House this week. We all need to do our best. We can tor. Over the past decade, the tech- That will reward investment in the start with the contentious issue of nology sector has generated one-third creation of jobs. I would also note, it international trade and make it into a of all our growth in jobs; in fact, the will reward investment in providing bipartisan victory for us all. majority of assets today that have greater security. The vast majority of

VerDate 11-MAY-2000 03:30 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.004 pfrm04 PsN: H16PT1 H6786 CONGRESSIONAL RECORD — HOUSE October 16, 2001 offices and factories are all owned by ons, knives, bombs, or simulated The first line of defense is still fail- the private sector. We need to help the bombs, which the FAA regularly gets ing us; the House of Representatives private sector make their facilities through these systems. must not fail us. The bill should come more secure. The largest private security firm in up today, and if they cannot bring it up With this expensing provision of 30 the country, previously successfully today, how about tomorrow? They have percent expensing, they can recover prosecuted by the Federal Government, got an alternative, we have got an al- the cost of electronic access equip- fined $1.5 million, Arkenbright, and put ternative. Let us have a legislative ment, biometrics, television surveil- on probation, who still is providing se- process and see whose alternative wins. lance, as well as computers and soft- curity, is now being prosecuted again. I do not think they want to do that, ware to protect their data and informa- Under the current system, the Fed- because I suspect that they know that tion systems; also, electronic alarm eral Government cannot remove these many of their Members would vote for systems and other components. incompetents and criminals from doing the more comprehensive approach, in- The bottom line is, this legislation, the job. This company is still employ- stead of continuing to buy the worst the Economic Security and Recovery ing known criminals, despite its proba- security we can get on the cheap. Act, the legislation before the com- tion. It is still hiring known criminals, f mittee or the House this week, will re- despite its probation. 1300 ward investment, will create jobs. It Thirty-two percent of its files include b will boost the technology sector, and new violations and false statements on AMERICA SHOULD PROVIDE will also help private companies make their employees. Yet, today they are MEALS AND EDUCATION FOR their offices and their factories much providing security at Dulles, Reagan, THE WORLD’S NEEDY CHILDREN Logan, LaGuardia, Los Angeles, Tren- more secure. The SPEAKER pro tempore (Mr. ton, Detroit, Phoenix, Las Vegas, Co- I urge bipartisan support for this leg- KIRK). Under the Speaker’s announced lumbus, Dallas, Fort Worth, Seattle islation. We need to get the economy policy of January 3, 2001, the gen- moving again. and Cedar Rapids. So my colleague, the gentleman from tleman from Massachusetts (Mr. f Florida, in his just visceral dislike of MCGOVERN) is recognized during morn- THE IMPORTANCE OF FEDERAL- Federal employees, and more Federal ing hour debates for 5 minutes. IZING THE WORK FORCE FOR employees and Federal bureaucracy, Mr. MCGOVERN. Mr. Speaker, over AVIATION SECURITY wants to continue a failing private bu- the past 5 weeks, discussions on how best to combat terrorism over the The SPEAKER pro tempore. Under reaucracy that is not properly protecting the security of the American longer term have begun in the Congress the Speaker’s announced policy of Jan- and the Bush administration and in the uary 3, 2001, the gentleman from Or- people. Mr. Speaker, when we come through international community. egon (Mr. DEFAZIO) is recognized dur- Customs, those are Federal law en- The terrible events of September 11 ing morning hour debates for 5 min- forcement agents. When we come are bringing governments and people utes. together to reflect not only on how to Mr. DeFAZIO. Mr. Speaker, when the through INS, they are Federal law enforcement agents. If we go to Hawaii, meet the immediate challenge of root- gentleman from Florida (Mr. STEARNS) the agriculture agents are Federal law ing out the terrorist leaders and de- spoke in the well earlier about virtues enforcement agents. Even the beagles stroying the al-Qaeda network, but of a privatized aviation security sys- that they use in the airport have been also on how to eliminate poverty, hun- tem and the handout of our colleague, deemed to be Federal law enforcement ger, ignorance and intolerance, which the gentleman from Florida (Mr. MICA), agents. often breed despair, disaffection, and I did not object to it being put in the But my colleagues on the other side deep resentment. It is not enough to RECORD. I should have, because it was of the aisle, a minority of my col- demonstrate what we are against. We not written by the gentleman from leagues on the other side of the aisle, need to be equally forceful in showing Florida (Mr. MICA) or his staff; it was just cannot stand the idea that the the world what we are for. written by a former FAA senior em- people who are the first line of defense Perhaps no one has articulated this ployee who is now earning hundreds of at the airport to screen the baggage longer term challenge better than Brit- thousands of dollars representing the and the customers might be Federal ain’s prime minister, Tony Blair. private security firms, including the law enforcement agents. Prime Minister Blair has called upon private security firm currently under This is a blinding ideological position the international community to foster indictment and prosecution by the Fed- to take. After all that has happened, and use the ‘‘power of a global commu- eral Government, Arkenbright. So that after all the documented failures, after nity for good.’’ is his information, and the veracity of the continued prosecutions in court, we He stated that such a community it is definitely in question. have given the private firms every op- would encourage political inclusion In fact, according to an article in last portunity and they have failed the and democratic principles throughout week’s Washington Post, at Schiphol American traveling public miserably. the world. It would more than redouble Airport in Amsterdam, there are 1,300 We need legislation, and we should efforts to find just and lasting solu- police agents to supervise 1,500 private take the legislation up today. But in- tions to the world’s lingering conflicts, screeners, who are much better paid, stead, today we will take up, and no of- including the Middle East. It would trained, and have higher qualifications fense to any of these people, they are pledge to the people of Afghanistan than in the United States. outstanding people, the Francis that the West will not just walk away, If that is the route they want to go, Bardanouve United States Post Office as we have before, at the end of this we would end up having something Building Act; the Earl T. Shinhoster conflict, leaving unresolved the polit- more expensive than a totally federal- Post Office Designation Act; the Con- ical, social, and economic crises that ized system with one Federal law en- gressman Julian C. Dixon, of whom I have worn down Afghanistan for more forcement person to supervise every was a great fan, Post Office Building than 2 decades. two private employees. It would be big- Designation Act; a bill to make perma- Further, the international commu- ger. It would be absurdly bigger than nent the authority to redact financial nity should seize the moment as a new what we could do with the normal disclosure statements of judicial em- opportunity to tackle the serious prob- scope of supervision in a Federal agen- ployees and judicial officers, et cetera, lems of poverty, hunger, illiteracy, dis- cy. et cetera. ease, and intolerance that have plagued The issue of private firms in the U.S., It has been more than a month since so much of the developing world. We we have tried it. It has failed miser- the attack by the terrorists, and the should forge partnerships to bring ably. I am glad he had a good experi- use of our own civilian aviation as greater social and economic opportuni- ence leaving Florida and they found his weapons. Yet, not one penny has been ties to Africa and other regions of the cuticle scissors, that is great; but they mandated by the House to change that world. are missing other things, like fake system. Not one single line of statute This is an exciting agenda, one which hand grenades, fully-assembled weap- has been changed. will create a stronger international

VerDate 11-MAY-2000 03:30 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.005 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6787 community linked even more deeply by ation of the Global Food for Education lion children are chronically undernourished our joint efforts to better the lives of Initiative. I urge the President to in the world today and more than 130 million the neediest and most vulnerable popu- reach out to our coalition partners and children do not attend school. By providing meals at schools, global school feeding pro- lation of the world. ask them to provide additional edu- grams help to alleviate hunger among school Mr. Speaker, I would like to speak cation and health resources. children and increase attendance rates by about one concrete action the Bush ad- We can truly make a difference in the providing an incentive for families to send ministration could take in order to cre- lives of the world’s neediest children. children to school. We are proud to be work- ate lasting good out of acts of such pro- All we need is the political will to ing closely with USDA to implement and found evil. make it happen. support these programs. Inspired by Senators George McGov- WASHINGTON, DC, We fear that an abrupt end to this initia- September 27, 2001. tive will send a negative message to many ern and Bob Dole, a $300 million pilot countries, institutions and people involved program, the Global Food for Edu- Hon. ANN M. VENEMAN, Secretary of Agriculture, Jamie L. Whitten in this effort. It is important that both de- cation Initiative, was launched last Building, Washington, DC. veloping and developed countries have con- year to provide one nutritious meal DEAR SECRETARY VENEMAN: We are writing fidence in our continued commitment to each day in a school setting to nine to ask you to continue funding for the Glob- help better the conditions of the world’s million of the world’s neediest chil- al Food for Education Initiative (GFEI) for neediest children. The United States has a dren. Contracts to carry out 49 projects fiscal year 2002, using your authority under proud tradition of being the world’s largest Section 416(b) of the Agricultural Trade De- donor of food assistance. In these especially in 38 countries were awarded to the difficult times, it is important to continue United Nations World Food Programme velopment and Assistance Act of 1954. Most of the projects initiated under this pilot pro- that American tradition. Thank you for your consideration of this and experienced U.S. private voluntary gram have operated for less than a full year, request and we look forward to continuing organizations, such as Catholic Relief and some have not yet even been initiated. our partnership with the Department of Ag- Services, Save the Children, CARE, Clearly, the pilot program requires at least riculture in support of global school feeding one more year of continued funding before Mercy Corps, Land O’Lakes, and programs. evaluating how it has affected the incidence Africare. About half of these projects Sincerely, of child hunger, school enrollment and at- are now underway, with the other half American Soybean Association; Amer- tendance, and the other indicators estab- awaiting final clearance, including ican School Food Service Association; lished by the USDA. projects in Pakistan and Tajikistan. We are proud to be working closely with Archer Daniels Midland/ADM Milling School feeding programs have proven former Senators George McGovern and Bob Co.; Bartlett Grain Co.; California that they attract more children to at- Dole, who initially conceived this idea, to Farm Bureau; Cargill; Congressional tend school and keep them there, espe- promote the pilot program and, hopefully, to Hunger Center; Cereal Food Processing cially girls. Education is a critical ele- establish it as a permanent program. It is Company; CHS Coops; Dry Bean Coun- critical that the GFEI pilot program not be cil; Friends of the World Food Pro- ment in empowering women, regardless gram. of race, religion, or class. abandoned at this very early stage. We fear that, were this program to abruptly end Land O’Lakes, Inc.; National Farmers Mr. Speaker, the administration Union; National Cooperative Business should exercise its discretionary au- after so brief a venture, recipient countries and other donor nations might interpret this Association; North American Millers thority and announce immediately as a demonsration of U.S. disregard for the Association; Opportunities Industrial- that it will continue the pilot program need to address the roots of poverty, hunger, ization Centers; International; Pacific for a second year and expand the pro- illiteracy and intolerance. In these very dif- Agribusiness; Port of Lake Charles; Si- gram to include additional school-feed- ficult times, it is important that the United beria Project; US Dairy Export Coun- cil; USA Rice Federation. ing programs for the children of Af- States continue to demonstrate its long- ghanistan. standing commitment to help better the con- [From the International Herald Tribune, The United States, so blessed with dition of the world’s neediest children and to Sept. 11, 2001] agricultural resources, should call share our prosperity with less fortunate peoples. SCHOOL FOOD CAN STEM THE PANGS OF upon other donor Nations to contribute Once again, we urge you to exercise your POVERTY to this global effort, not just with food, discretionary authority under Section 416(b) (By George McGovern) but also with resources to create and to continue the GFEI pilot program. We look There are more than 300 million chron- expand schools. In addition, health re- forward to working with you and other mem- ically hungry children in the world today sources, such as deworming medicine, bers of the Administration to make the vi- who are condemned to lives of disease, illit- immunizations, clean water, and vita- sion articulated by George McGovern and eracy and, in many cases, physical deform- ity. Trapped in city slums, desolate villages, mins, could be provided by other Na- Bob Dole a reality. Sincerely, settlements and refugee camps, these chil- tions in coordination with these school JAMES P. MCGOVERN, dren often live short lives of poverty and de- meals. Member of Congress. spair. The international community, in- JO ANN EMERSON, At the United Nations Special Session on cluding the United States, has pledged Member of Congress. Children this week, participants will review to reduce by half the incidence of hun- the progress made over the past decade for the world’s poor children and will try to ger in the world by the year 2015. Over THE COALITION IN SUPPORT OF THE GEORGE MCGOVERN-ROBERT DOLE agree on what needs to be done. At the first the same period, we have stated our de- such session, held in 1990, heads of state INTERNATIONAL FOOD FOR EDU- termination to provide universal edu- adopted a set of goals that included to im- CATION AND CHILD NUTRITION ACT, cation to all. The Global Food for Edu- Washington, DC, October 3, 2001. prove living conditions, to create more educational opportunities and to provide essen- cation Initiative is one concrete action Hon. ANN M. VENEMAN, tial food to malnourished children. the United States can take to achieve Secretary of Agriculture, Jamie L. Whitten these goals. Unfortunately, 11 years later, only mixed Building, Washington, DC. results have been achieved. In a 141-page re- DEAR SECRETARY VENEMAN: Our coalition, The gentlewoman from Missouri port the UN secretary-general, Kofi Annan, comprised of members of the agriculture (Mrs. EMERSON) and I have introduced said that the progress has been offset by set- legislation, H.R. 1700, to establish and community, transportation sector, business backs that are ‘‘serious enough to threaten fund the Global Food for Education Ini- associations, private voluntary organiza- earlier gains.’’ tions and international Food aid agencies, Before we find ourselves 10 years on with tiative. The farm bill, recently passed respectfully requests that you continue fund- by the House, authorizes the establish- similar disappointing results, I would like to ing for the Global Food for Education Initia- urge this year’s special session participants ment of this program; and I am hopeful tive for fiscal year 2002, using your authority to commit to a simple and effective idea that the Senate will include funding under section 416(b) of the Agricultural that, if fully implemented, would dramati- for this program in its version of the Trade Development and Assistance Act of cally improve the lives of these impoverished farm bill. 1954. Most of the projects initiated under this children. That idea is a global school feeding The administration, using its own pilot program have operated for less than a program. discretionary authorities, can act now full year. Accordingly, there has not been Of the world’s 300 million chronically hun- to continue and expand this program. I ample time to evaluate changes in school en- gry children, 170 million are often forced to rollment, child nutrition and other potential learn on empty stomachs because they re- urge the White House, the Department indicators of the program’s effectiveness. ceive no food at school; 130 million don’t at- of Agriculture and the Department of The importance and potential impact of tend class at all. More than 60 percent of State to announce today the continu- the initiative is far-reaching. Over 300 mil- these children are girls.

VerDate 11-MAY-2000 03:30 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.007 pfrm04 PsN: H16PT1 H6788 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Many factors contribute to their hunger. more valuable than any of that has been his major disaster declaration to President Those who attend class often lack money to staunch refutation of the anti-American Bush. buy breakfast or lunch or must travel long compromisers who by finding fault with the distances to get to school, meaning they ar- United States—often real fault—would ex- There have been widespread reports rive hungry. Trying to learn on an empty cuse the terrorists; he has coupled his re- of broken water lines in southern por- stomach is nearly impossible. sponse with eloquent explanation of the tions of the island, causing disruption Children who don’t go to school at all are stakes involved in this new war. Now that a in water service in my own home vil- usually involved in helping their families new military phase has begun, it is worth re- lage of Yona, where I live. We have not make a living. An education for these chil- calling a preview Mr. Blair provided in a dren is not an option. speech to his Labor Party conference last had water since the earthquake, and I It is widely agreed that basic education is week. have recently received confirmation the best investment to improve the physical, ‘‘The action we take will be proportionate, that a main water line that services social and economic conditions of the poor. targeted,’’ the prime minister said. ‘‘We will the northern and southern parts of the A Unesco survey showed that in countries do all we humanly can to avoid civilian cas- island has sustained major structural with an adult literacy rate of about 40 per- ualties. But understand what we are dealing damage. Although there is visible dam- cent, gross national product per capita aver- with . . . They have no moral inhibition on age in a few areas, I am concerned; and aged $210 annually; in those countries with the slaughter of the innocent. If they could at least 80 percent literacy, GNP per capita have murdered not 7,000 but 70,000, does any- I think all of the people of Guam are was $1,000 and above. one doubt they would have done so and re- most primarily concerned that the is- Education is particularly critical for joiced in it? There is no compromise possible land’s water infrastructure received women and girls. Research shows that girls with such people, no meeting of minds, no major damage that we have yet to as- who go to school marry later, practice great- point of understanding with such terror. Just sess. er restraint in spacing births and have an av- a choice: Defeat it or be defeated by it. And erage of 50 percent fewer children. They are defeat it we must.’’ Public works crews are also cur- also more informed about health risks, like To his own people, Mr. Blair urged con- rently assessing the damage to three the AIDS virus, and can better protect them- fidence in ultimate victory in this ‘‘fight for bridges in the villages of Inarajan, selves and their children. freedom’’ because ‘‘our way of life is a great Talofofo, and Pago Bay, all of which The catalyst for educating poor children is deal stronger and will last a great deal are vital links and provide the only food. Research and decades of experience by longer than the actions of fanatics, small in means of land access to the southern aid agencies like the UN World Food Pro- number and now facing a united world gram show that school feeding can alleviate against them.’’ To the Americans, Mr. Blair end of the island. hunger, dramatically increase attendance promised simply: ‘‘We were with you at the One bridge has already been assessed and improve school performance. It also first. We will stay with you to the last.’’ and reported to have sustained struc- compensates poor parents for the loss of Finally, Mr. Blair offered his vision of vic- tural damage and minimal travel is their children’s labor while they attend tory in this unorthodox campaign: ‘‘It is that class. out of the shadow of this evil should emerge being allowed on these bridges at this Using food to attract poor children to lasting good: destruction of the machinery of point. school and to keep them there may seem like terrorism wherever it is found; hope amongst Schools will open tomorrow which a surprisingly simple way to make an im- all nations of a new beginning where we seek would be Wednesday Guam-time. They pact. And it is. For an average of just 19 to resolve differences in a calm and ordered cents per day, or 34 dollars annually, a child way; greater understanding between nations have been closed for the past 2 days can be fed for 180 schooldays a year. and between faiths; and above all justice and until they were declared structurally Aid agencies have the expertise and global prosperity for the poor and dispossessed, so safe for our school children and until reach to make it happen. And donor govern- that people everywhere can see the chance of water and power were restored to the ments are interested. Already, the U.S. Con- a better future through the hard work and buildings for their health and welfare. gress is contemplating a bill, endorsed by creative power of the free citizen, not the vi- Reports have already been received both former Republican Senator Bob Dole olence and savagery of the fanatic.’’ Not a that two of our middle schools, Jose L. and me, which would commit the United bad set of goals to keep in mind as a long States to an annual contribution toward a campaign begins. Rios and Oceanview, have received global program. I urge Congress and Presi- major structural damage and may be f dent George W. Bush to support this bill, and demolished pending further assess- for other heads of state and leaders in the GUAM EARTHQUAKE ments. This is particularly crucial be- private sector and aid community to take up The SPEAKER pro tempore. Under cause Jose L. Rios has just been re- a similar commitment. cently rebuilt from a typhoon in 1998. This week’s special session is the place to the Speaker’s announced policy of Jan- begin. A simple, focused and realistic plan of uary 3, 2001, the gentleman from Guam Because many of our public schools are action could help resolve the two most dev- (Mr. UNDERWOOD) is recognized during already overcrowded, particularly our astating burdens that poor children must morning hour debates for 5 minutes. middle schools, I am concerned that carry today: malnutrition and illiteracy. Mr. UNDERWOOD. Mr. Speaker, I many of the other schools on the island School feeding is the key. wanted to take this opportunity to will not be able to absorb our displaced students. [From the Washington Post, Oct. 8, 2001] alert my colleagues of an earthquake that jolted Guam shortly after 11 a.m. All of this was aggravated by a sud- MR. BLAIR’S VISION D.C. time on Friday, which was 1:03 den 6 inches of rain, a downpour, the The United States took the lead in the a.m. Chammorro Standard Time on military strike yesterday, as it will take the following day which caused flooding to lead in the broader offensive against ter- Guam, Saturday, October 13. many parts of the island, especially rorist networks. But the broad coalition sup- The earthquake measured a prelimi- Barrigada. nary magnitude of 7.0 on the Richter porting and participating in the offensive This earthquake could not have come scale, and the epicenter was located showed that this is not a fight of America at a worse time for Guam, as our econ- against the world but of the world against some 45 miles south-southeast of omy has already been struggling from lawlessness. Some nations may join in be- Guam’s capital, Hagatna. Many of the the Asian economic crisis and the after cause they fear the terrorists, some, because island villages were without water and effects of the September 11 attacks. they want to stay on America’s good side. power, and due to the time that the But most—the allies who will be valuable Guam’s economy is primarily fueled by earthquake occurred, which was in the over time—join in because they understand tourists, especially from Asia, Japan. the importance of the values that came middle of the night, official structural 1 damage assessments could not be made We get about 1 ⁄2 million tourists a under attack September 11. year. Our travel and tourism industry The spokesman for this most valued cat- until the morning after. egory is indisputably Tony Blair, the British I am pleased to report that FEMA of- will again bear the brunt of this earth- prime minister. His government committed ficials, as well as a four-person team quake and the attacks of September 11 its forces to the armed campaign that began from the Army Corps of Engineers, who as tourists will be less likely to travel yesterday. He had credibly presented to the are structural and water system ex- to Guam over the next few weeks given world the most cogent outline of the evi- the current string of events. dence against Osama bin Laden and the al perts, are on island to assist with the Qaeda network. He had personally carried damage assessment, and I understand Our business community will con- the diplomatic effort to Pakistan and his that the governor of Guam, Carl tinue to hurt and the greater impact of condolences to New York City. And perhaps Gutierrez, will soon be transmitting a our economy will be damaging. Albeit

VerDate 11-MAY-2000 03:30 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.006 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6789 the island has probably sustained a Captain Jay Jahnke’s selflessness, minute and to revise and extend her re- great deal of structural damage in its compassion, and concern for others is marks.) water system, collectively, and for yet another example of how fire- Mrs. MORELLA. Madam Speaker, it some of our families, damages to their fighters, police, and other rescue per- is my honor and privilege this after- homes; I am extremely thankful that sonnel show us how good people can be. noon to welcome His Eminence, Theo- there were no fatalities or injuries. We are in his debt and that of fire- dore Cardinal McCarrick, Archbishop This is the strongest earthquake to fighters throughout the land. of Washington. I want to thank him for hit the island since the 8.0 rated earth- f offering the opening prayer. quake in August of 1993. I am proud to Cardinal McCarrick has a long and say that Guam’s building codes are one RECESS distinguished record of service to the of the most stringent; and as a result, The SPEAKER pro tempore. Pursu- Church in New York, Puerto Rico, New we were spared the tragedy of the loss ant to clause 12 of rule I, the Chair de- Jersey, and now here in Washington, of human life. I hope that once a com- clares the House in recess until 2 p.m. which includes my district of Mont- plete and thorough assessment of the Accordingly (at 1 o’clock and 12 min- gomery County, Maryland. He cer- damage has been completed, I know utes p.m.), the House stood in recess tainly is a gift to the Archdiocese of that we can count on FEMA. I know we until 2 p.m. Washington. The Archdiocese is very can count on the rest of the Federal f diverse with a population that has both Government to help the people of common and also specific needs. Upon b 1400 Guam and this body to help the people being named to the College of Car- of Guam as well. AFTER RECESS dinals this year, he said that his new f The recess having expired, the House responsibilities will not change his pledge to reach out ‘‘to serve the poor HONORING CAPTAIN JAY P. was called to order by the Speaker pro and the stranger among us with all my JAHNKE tempore (Mrs. BIGGERT) at 2 p.m. f heart and strength.’’ And he has been The SPEAKER pro tempore. Under doing just that. the Speaker’s announced policy of Jan- PRAYER Ordained as a priest for the Arch- uary 3, 2001, the gentleman from Texas His Eminence, Theodore Cardinal diocese of New York in 1958, Cardinal (Mr. BENTSEN) is recognized during McCarrick, Archbishop of Washington, McCarrick received a Ph.D. from and morning hour debates for 5 minutes. offered the following prayer: held several posts at the Catholic Uni- Mr. BENTSEN. Mr. Speaker, I rise O Lord, our God, once again we come versity of America here in Washington. today to recognize a brave Houston before You in a troubled time, grateful He has served as the President of the firefighter who lost his life this week- for Your presence in our lives and for Catholic University of Puerto Rico, end while battling a fire in a Houston the love with which You continue to auxiliary bishop of New York, the first high-rise condominium. Like fire- bless us. Bishop of Metuchen, New Jersey, and fighters in New York and Northern Vir- Today in a special way we ask You to Archbishop of Newark. ginia, who willingly put their lives on bless this House of the people. Keep its He was installed as Archbishop of the line on September 11, 2001, Captain Members safe and strong so that they Washington on January 3, 2001; and 7 Jay P. Jahnke of the Houston Fire De- may lead this Nation forward along the weeks later, he was elevated to the Col- partment died this weekend while liv- road of peace and justice in the pursuit lege of Cardinals by Pope John Paul II. ing his lifelong dream of becoming a of life, liberty and happiness for all. He is known for his efforts on behalf of firefighter. He entered a blazing build- Let not fear or anxiety ever rule us international human rights, religious ing to do his job, regardless of personal but let us find strength and purpose in freedom and migration, and serves on risk and as firefighters always do. our trust in You. the U.S. Commission for International Captain Jahnke led the first team to From the beginning of our history Religious Freedom. He also speaks arrive on the scene of an early morning You have carried us in Your hands. Ac- many languages. fire this past Saturday in West Hous- company us now in the difficult jour- Madam Speaker, on behalf of my col- ton. The burning 40-story condominium ney of these days so that we may ac- leagues, I thank Cardinal McCarrick complex houses hundreds of individ- complish all that which You desire in for leading us in prayer today. I wel- uals. His courageous and valiant ef- the power of Your Holy Name. Amen. come him to the United States House forts, for which he gave his life, saved f of Representatives. We appreciate his many lives of people he never even presence, his guidance and his blessing knew. THE JOURNAL on this House as we begin our critical Captain Jahnke leaves behind a leg- The SPEAKER pro tempore. The work today. acy of valor and unyielding commit- Chair has examined the Journal of the f ment to the common good. My last day’s proceedings and announces DISPENSING WITH CALL OF thoughts and prayers are with Captain to the House her approval thereof. PRIVATE CALENDAR ON TODAY Jahnke’s family; his wife, Dawn; his 11- Pursuant to clause 1, rule I, the Jour- year-old daughter, Jayne; his 8-year- nal stands approved. Mr. CASTLE. Madam Speaker, I ask old son Hunter; his mother, Katherine; unanimous consent that the call of the f brother, Jeff; and sisters, Karen and Private Calendar be dispensed with Mary Ann. I offer my sincere condo- PLEDGE OF ALLEGIANCE today. lences to his more than 3,200 brothers The SPEAKER pro tempore. Will the The SPEAKER pro tempore. Is there and sisters in the Houston Fire Depart- gentlewoman from New York (Mrs. objection to the request of the gen- ment, especially those at Fire Station MCCARTHY) come forward and lead the tleman from Delaware? No. 2. House in the Pledge of Allegiance. There was no objection. The Jahnke family has deep roots Mrs. MCCARTHY of New York led the f and a proud tradition in the Houston Pledge of Allegiance as follows: Fire Department. Captain Jahnke’s fa- PERMISSION TO FILE CON- I pledge allegiance to the Flag of the FERENCE REPORT ON H.R. 2904, ther, Claude, was a district fire chief, United States of America, and to the Repub- and he is related to more than a dozen MILITARY CONSTRUCTION AP- lic for which it stands, one nation under God, PROPRIATIONS ACT, 2002 current firefighters. Every day at indivisible, with liberty and justice for all. Houston’s 87 fire stations and at fire f Mr. HOBSON. Madam Speaker, I ask stations across the Nation, thousands unanimous consent that the managers of men and women shelve fear and self- HIS EMINENCE, THEODORE CAR- on the part of the House have until interest to form our front line of home- DINAL MCCARRICK, ARCHBISHOP midnight, October 16, 2001, to file a land defense. They enter blazing build- OF WASHINGTON conference report on the bill (H.R. 2904) ings and risk their lives to save strang- (Mrs. MORELLA asked and was given making appropriations for military ers. permission to address the House for 1 construction, family housing, and base

VerDate 11-MAY-2000 03:44 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.008 pfrm04 PsN: H16PT1 H6790 CONGRESSIONAL RECORD — HOUSE October 16, 2001 realignment and closure for the De- leagues, but let me just reiterate the South Carolina (Mr. BROWN), the dis- partment of Defense for the fiscal year comments of the gentleman from Illi- tinguished author of this resolution. ending September 30, 2002, and for nois (Mr. HYDE), who today looked the (Mr. BROWN of South Carolina asked other purposes. Right Honorable David Trimble in the and was given permission to revise and The SPEAKER pro tempore. Is there eye and said in a momentous tone, extend his remarks.) objection to the request of the gen- ‘‘Stay engaged, David Trimble. It is Mr. BROWN of South Carolina. tleman from Ohio? men such as you that times such as Madam Speaker, I thank the gen- There was no objection. these so richly require.’’ tleman from Ohio (Mr. BOEHNER), the gentleman from Delaware (Mr. CAS- f f TLE), and the gentleman from Texas THE LION AND THE EAGLE STAND APPOINTMENT OF MEMBERS TO (Mr. ARMEY) for helping me bring this OUT AS BEST OF FRIENDS AND NATIONAL COUNCIL ON THE ARTS bill to the floor today. STRONG ALLIES The SPEAKER pro tempore. Without I think it is very important that we (Mr. PITTS asked and was given per- objection, and pursuant to the Na- bring this up today because while more mission to address the House for 1 tional Foundation on the Arts and Hu- than a month has passed since Sep- minute and to revise and extend his re- manities Act of 1965 (20 U.S.C. (995)(b)), tember 11 there is still a great deal of marks.) amended by section 346(e) of Public anxiety in America. The events of Sep- Mr. PITTS. Madam Speaker, in the Law 105–83, the Chair announces the tember 11 have affected us all, whether current crisis, dozens of nations have Speaker’s appointment of the following we lost a loved one or not. The free- rushed to our side, not to defend Amer- Members of the House to the National doms that America took for granted ica specifically, but to defend civiliza- Council on the Arts: before this date have been shaken. tion. President Bush said, ‘‘Either you Mr. BALLENGER of North Dakota, Now, more than ever, many people are are with us or you are with the terror- Mr. MCKEON of California. searching for strength and solace. ists.’’ The world knows that is true. There was no objection. Like the rest of my colleagues, I will never forget standing on the steps of But one nation stands out and their f leader stands out, too. Tony Blair, the the Capitol on the evening of the at- ANNOUNCEMENT BY THE SPEAKER Prime Minister of Britain, has proven tack and singing ‘‘God Bless America.’’ PRO TEMPORE I am a newcomer to Congress and I once again that the people of the have not had a chance to know each United Kingdom are unwavering The SPEAKER pro tempore. Pursu- and every Member of this body very friends who will always stand with us ant to clause 8 of rule XX, the Chair well. However, that night I felt closer when we are in need. announces that she will postpone fur- to each of my colleagues than at any Our military men and women are fac- ther proceedings today on each motion other time. We were all together, not ing danger today, risking their lives in to suspend the rules on which a re- as Republicans and Democrats, but as the fight against terrorism. One na- corded vote or the yeas and nays are Americans united in support of our Na- tion’s soldiers are fighting alongside ordered, or on which the vote is objected to under clause 6 of rule XX. tion. them, Great Britain’s. Prime Minister Madam Speaker, since that time, Any record votes on postponed ques- Blair recalled the time when Hitler was Congress has worked very hard to take tions will be taken after debate has bombing London and America came to necessary action to combat terrorism concluded on all motions to suspend her aid. Today Britain is returning the on many different fronts. But on Sep- the rules, but not before 6 p.m. today. favor. tember 11, as the damage was still Many nations have united to defend f being assessed, I think it was impor- decency and civilization, and each is EXPRESSING SENSE OF CONGRESS tant for us to come together as a sym- contributing in its own way; but the THAT PUBLIC SCHOOLS MAY bol of unity and sing ‘‘God Bless Amer- lion and the eagle stand out as best of DISPLAY ‘‘GOD BLESS AMERICA’’ ica.’’ friends and strong allies. Thank you, When I learned that some schools are Mr. CASTLE. Madam Speaker, I Britain. Together we will prevail. being challenged for showing this same move to suspend the rules and agree to f type of support for our Nation, I was the concurrent resolution (H. Con. Res. HONORABLE DAVID TRIMBLE deeply troubled. 248) expressing the sense of the Con- The case that was first brought to (Mr. PENCE asked and was given per- gress that public schools may display my attention is in Rocklin, California mission to address the House for 1 the words ‘‘God Bless America’’ as an where the American Civil Liberties minute and to revise and extend his re- expression of support for the Nation. Union wrote a letter to Terry Thorn- marks.) The Clerk read as follows: ton, the principal of Breen Elementary Mr. PENCE. Madam Speaker, I rise H. CON. RES. 248 School, calling its display of ‘‘God today having just come from a memo- Resolved by the House of Representatives (the Bless America’’ a ‘‘hurtful, divisive rable luncheon where I and my col- Senate concurring), That it is the sense of the message.’’ leagues, including the distinguished Congress that public schools may display the I take exception to that statement chairman of the Committee on Inter- words ‘‘God Bless America’’ as an expression and believe the message sent by the of support for the Nation. national Relations, welcomed the Hon- ACLU is extremely wrong-headed. I orable David Trimble, a member of The SPEAKER pro tempore. Pursu- further commend Principal Thornton Parliament, in Washington, D.C. ant to the rule, the gentleman from for standing up for the principles of David Trimble has served as leader of Delaware (Mr. CASTLE) and the gentle- this country by refusing to take down Northern Ireland’s Ulster Unionist woman from New York (Mrs. MCCAR- this sign. Party. It is one of the strongest of the THY) each will control 20 minutes. Pride in America is higher than I parties that want continued ties to The Chair recognizes the gentleman have seen at any time in my lifetime, Great Britain, but it was David from Delaware (Mr. CASTLE). and it seems like actions such as this Trimble who led the charge for peace GENERAL LEAVE are trying to dampen the spirit in our and was rightly recognized by the Mr. CASTLE. Madam Speaker, I ask country. To threaten a public school Nobel Committee with a Nobel Peace unanimous consent that all Members for showing the same type of patriot- Prize in 1998. may have 5 legislative days within ism that we showed on the Capitol Madam Speaker, he came today to which to revise and extend their re- steps is the opposite of what this coun- give us sage advice that the boundaries marks on H. Con. Res. 248. try is all about. of the world of terrorism have reached The SPEAKER pro tempore. Is there I introduced this resolution because for 30 years from Northern Ireland and objection to the request of the gen- Congress needs to make it abundantly the Middle East into the very heart of tleman from Delaware? clear that the kind of message dis- America. There was no objection. played on the marquee of Breen Ele- I will reflect later today on this floor Mr. CASTLE. Madam Speaker, I mentary is part of what makes our about the advice that he gave my col- yield 3 minutes to the gentleman from country great.

VerDate 11-MAY-2000 03:30 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.011 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6791 As former President John Adams Mr. CASTLE. Madam Speaker, I approval rating. His handling of the said, ‘‘It is religion and morality alone yield myself such time as I may con- war has a 94 percent approval rating. which can establish the principles upon sume. Bipartisanship is the rule of the day in which freedom can securely stand.’’ Madam Speaker, many of the origi- Congress, and the flag is flying every- Madam Speaker, I urge my col- nal 13 colonies that became the United where. leagues to be mindful of these words States of America were settled by men One organization, however, it seems, and vote in favor of this resolution. and women of deep religious convic- has a problem with this patriotism. Mrs. MCCARTHY of New York. tions who crossed the Atlantic Ocean When Breen Elementary School in Madam Speaker, I yield myself such to practice their faith freely. It is California put up a banner that says time as I may consume. therefore no surprise that a religious ‘‘God Bless America,’’ the ACLU de- Madam Speaker, I thank the gen- people rose in rebellion against Great cided they had a problem with it. Get tleman for offering this resolution. I Britain in 1776, and many American this. They said it was hurtful and divi- rise in strong support of this resolution statesmen believed that religion was sive. I do not know what planet the because it acknowledges the important indispensable to the maintenance of re- ACLU is living on, but there is nothing role our schools play in times of crisis. publican institutions. Yet, when the hurtful or divisive about saying ‘‘God The tragic events of September 11 have first 10 amendments to the Constitu- Bless America.’’ September 11, that left a lifelong scar on our children. tion were ratified, religion was ad- was hurtful. Saying ‘‘God Bless Amer- Many have asked why would someone dressed in the first, with most Ameri- ica’’ is anything but hurtful or divi- do such a thing. Many are worried for cans agreeing that the Federal Govern- sive. It is unifying. In fact, that is the their parents that may be fighting to ment should not choose one religion whole point of saying ‘‘God Bless end terrorism. There are so many ques- over another. America.’’ We are all Americans. The tions that need to be answered, and Today, in response to the devastation American family has come together as fears to be addressed, but our teachers of September 11, a surge of civic pride a Nation. To some people, saying ‘‘God and our schools have risen to the occa- is sweeping the Nation. As teachers re- Bless America’’ is just a slogan. To sion. call lessons of history and democracy, some, a patriotic expression. To others, b 1415 children wear their patriotism to it is a prayer. But it means something school in red, white, and blue. Others to everyone. And, of course, it comes As a Representative from New York create and display banners proclaiming from that wonderful Irving Berlin song whose district was impacted by the ter- ‘‘God Bless America.’’ made so famous by Kate Smith. But it rorist acts of September 11, I have wit- Unfortunately, instead of pulling us is not hurtful, and it is not divisive. nessed firsthand the remarkable job closer together, some believe that The ACLU should stop wasting Amer- our teachers and school officials have these acts, and the use of the words ica’s time with threats of ridiculous exhibited to calm the fears of our chil- ‘‘God Bless America,’’ are pushing us lawsuits. I urge my colleagues to pass dren. In fact, you can find these excep- farther apart. I believe in the separa- this resolution unanimously. tional acts of professionalism in tion of church and state, and we should Mrs. MCCARTHY of New York. schools throughout this great country. not ask a child to recite a prayer that Madam Speaker, I yield myself such Children of all ages, as well as many is not his or her own. That said, the time as I may consume. adults, still find it difficult to com- first amendment does not remove all I will only say that I urge all of my prehend the full magnitude of so much traces of religion from the classroom colleagues to support this resolution. destruction and loss of life. Many of and it does not expel God from the In this time of crisis in this Nation, we these children lost a parent. Many lost school yard. Students can pray, reli- have seen so many of our neighbors and a brother or a sister or a cousin. How- gious clubs can meet after school and friends come together. Again, we have ever, all of them want to know why. religious materials may be read during to work together. Let us not lose the Our schools have risen to this chal- free time. main focus here. We are Americans. We lenge by allowing children to ask the Still, some have asked principals to have to stand together. I support this difficult questions and answering them remove ‘‘God Bless America’’ signs resolution and ask my colleagues to as in a way that makes them feel safe and from their schools. I believe we should well. proud. Schools across the country have all take a step back and recognize that Madam Speaker, I yield back the bal- become more than educational institu- different people view these words in ance of my time. tions. They have become a healing different ways. For some they hold a Mr. CASTLE. Madam Speaker, I ground that answers our children’s deeply religious connotation. Yet for yield myself such time as I may con- questions, comforts them during this other Americans they are a patriotic sume. I would say in closing that I time of need, and instills a sense of expression, not a religious one. agree with the gentlewoman from New unity. I am proud to say our schools In the aftermath of September 11, we York. I agree with the sponsor of the have answered this challenge with open are all healing, and none more slowly resolution, the gentleman from South arms. than our children. So long as schools Carolina, and I think we agree with Not only have our teachers answered are not erecting permanent religious virtually all Americans who believe the tough questions with compassion symbols in a way that suggests advo- very strongly that this is something and understanding, they have instilled cacy of a particular religion, I believe that helps in our schools and helps our a new sense of patriotism in the minds our children can draw their own children. of our children. The Pledge of Alle- strength and meaning from these words I encourage each and every one of us giance to this country as well as the and symbols. So let us take this ex- to support it. Star-Spangled Banner that is sung be- pression as it is meant, much as we did Mr. BOEHNER. Mr. Speaker, I am proud to fore events outside of the classroom when Republicans and Democrats burst support House Concurrent Resolution 248. will continue to unite us as Americans. into that song of the same name by Ir- The terrorist attacks of September 11 and The words of these national themes are ving Berlin on the steps of the U.S. ongoing threats to our security have left us all just as important now as they were 200 Capitol. More than anything, it was searching for comfort. They have also brought years ago. then, and it is now, an expression of us together in our support for our Nation and I applaud our schools for their ability pride and a slogan for peace. for those defending us and our values. I be- to help the children of this country un- I commend the gentleman from lieve we need to encourage even more public derstand there is no place for terrorism South Carolina for his resolution. I displays of support for America. One way to in this world and that the United urge the support of it. do this is by supporting the use of the phrase States will do everything in its power Madam Speaker, I yield such time as ‘‘God Bless America,’’ including the use of the to eliminate it. he may consume to the gentleman phrase by schools. These words can provide I urge all my colleagues to support from Pennsylvania (Mr. PITTS). the comfort communities need and show ap- this resolution. Mr. PITTS. Madam Speaker, right propriate support for America. Madam Speaker, I reserve the bal- now this country is united like never This House concurrent resolution makes ance of my time. before. The President has a 90 percent clear Congress’ support for displaying the

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.012 pfrm04 PsN: H16PT1 H6792 CONGRESSIONAL RECORD — HOUSE October 16, 2001 words ‘‘God Bless America’’ by public schools We are aware that freedom is not free, that RECOGNIZING HISTORIC SIGNIFI- as an expression of support for the Nation. liberty comes at a price, that the sacrifices of CANCE OF UNITED STATES-AUS- We would expect schools, especially in this our founders and countless Americans have TRALIAN RELATIONSHIP time, to want to convey the national ideal of helped secure our present freedoms. Mr. HYDE. Madam Speaker, I move patriotism for this country. It is only appro- Too many have fought too hard for too long to suspend the rules and agree to the priate that we support schools in their quest to for the principles of this nation to abandon concurrent resolution (H. Con. Res. 217) exemplify this idea. We must support the ex- them now. recognizing the historic significance of pression of patriotism for the Nation by So I rise today to wholeheartedly support H. the fiftieth anniversary of the alliance schools. I believe that the words ‘‘God Bless Con. Res. 248, introduced by my colleague between Australia and the United America,’’ as used by this country’s Founding from South Carolina, Mr. BROWN. States under the ANZUS Treaty, pay- Fathers, appropriately show this support. This resolution expresses the sense of Con- I urge my colleagues to support House Con- ing tribute to the United States-Aus- current Resolution 248. gress that public schools may display the tralia relationship, reaffirming the im- Mr. DOOLITTLE. Mr. Speaker, I submit words ‘‘God Bless America’’ as an expression portance of economic and security co- these remarks with shock, sadness, and dis- of support for the nation. It should shame operation between the United States gust. In the wake of the horrific terrorist at- every Member of Congress that a vote is even and Australia, and welcoming the state tacks September 11, Breen Elementary necessary to allow school children to ask God visit by Australian Prime Minister School—located in my district in my hometown to bless our country. John Howard, as amended. of Rocklin, CA—displayed a sign supporting This is America—the land of the free. ‘‘God’’ The Clerk read as follows: both the victims of the attacks and our troops is not a banned word. Yet there are some who H. CON. RES. 217 overseas engaged in America’s war on ter- would tell our children that they cannot use Whereas the relationship between the rorism. The sign simply—yet poignantly—stat- that word as it might offend others. United States and Australia extends beyond ed ‘‘God Bless America.’’ Our schoolchildren deserve the right to pray, security cooperation and is based on com- Incredulously, the American Civil Liberties to assemble, and to freely acknowledge God. mon values, mutual respect, and a shared de- Union decided that the sign was inappropriate, As we educate our children on the principles sire to see a world at peace in which all peo- defiantly proclaiming that the words sent a of this nation, let us not forget that this nation ples can enjoy the benefits of democratic ‘‘hurtful, divisive message.’’ Apparently they governance, fundamental human rights, and was founded upon an acknowledgment of Al- the prosperity that market-oriented econo- are driven by the patently false perception that mighty God as the giver of life and liberty. the sign somehow separates the line between mies bring; Mr. Speaker, in the past I have brought be- Whereas the United States and Australia church and state and is thus violative of the fore the House of Representatives a proposal are jointly committed to combating ter- Constitution. to help schools stand up for their students’ rorism around the world; But Mr. Speaker, this isn’t about separation freedom of religious expression and counter Whereas the United States and Australia of church and state, this is about purging God the chilling effect that misinformation and law- share a wide range of common interests in and all things religious completely out of suits can have on our schools. Asia and the Pacific, such as growth and lib- American life. The ACLU and those that fund eralization of international trade, regional it are waging a cynical crusade, a war against I will introduce this Student Freedom of Reli- cooperation on economic development, envi- all those who find comfort and solace in our gious Expression language again, and hope ronmental protection, and the peaceful set- Lord, plain and simple. my colleagues will support the measure. tlement of disputes; How dare they try to stifle the spirit of Amer- Right now, in my home District, there is a Whereas the United States and Australia icans in these incredibly difficult times? How high school student petitioning for the right to share the goals of effective multilateral co- pray in school. I support him and believe he operation in arms control and nonprolifera- dare they hide behind the Constitution, tion, halting the spread of weapons of mass perverting its meaning and twisting its words has that right. destruction, and ensuring the effective oper- into a gag rule against the people it empow- Mr. Speaker, I do not believe that school- ation of nonproliferation and arms control ers? How dare they parade around our coun- children must leave their religious beliefs out- regimes; try purporting to protect the rights of Ameri- side the schoolhouse door. Whereas the Australia-United States Trade cans who choose not to practice religion while I challenge the schoolchildren and edu- and Investment Framework Agreement simultaneously behaving like secularist cators across this nation to be thankful for the (TIFA) provides for consultations on trade thieves, tirelessly trying to steal the rights of liberties this nation grants them, carry that and investment policy issues; those who wish to express their faith in God Whereas since 1985 the United States and thankfulness in their hearts, and be free to ex- Australia have held annual bilateral Aus- and country? press their thanks and supplication to God at Mr. Speaker, I urge the swift passage of this tralia-United States Ministerial Talks any hour of the day. (AUSMIN) to develop and enhance their rela- resolution, which expresses the sense of the Mr. Speaker, let no one rob us of the right tionship; Congress that public schools may display the to ask blessings from God on our great nation. Whereas United States Presidential visits words ‘‘God Bless America’’ as an expression Again, I urge my colleagues to support this to Australia in 1991 and 1996 and visits of the of support for the Nation. Australian Prime Minister to the United As stewards of the ‘‘People’s House.’’ we resolution and close by saying Let Freedom States in 1995, 1997, and 1999 have under- need to assure the citizens of our great Nation Ring and God Bless America. scored the strength and closeness of the alli- that their Congress stands behind them fully Mr. CASTLE. Madam Speaker, I have ance; and unequivocally. That we support their right no further requests for time, and I Whereas the Sydney Declaration of 1996 re- to express their support for those who have yield back the balance of my time. affirmed and strengthened the defense alli- died in the horrible attacks and for those over- The SPEAKER pro tempore (Mrs. ance between the United States and Aus- tralia and the intention of both countries to seas, who are willing to give up their lives to BIGGERT). The question is on the mo- work cooperatively with other states in the preserve the right of all Americans to express tion offered by the gentleman from region and to encourage collective solutions themselves without fear or apprehension. Delaware (Mr. CASTLE) that the House to problems and security challenges in the Shame on the ACLU, for trying to stifle the suspend the rules and agree to the con- region; spirit of not only the citizens of my hometown, current resolution, H. Con. Res. 248. Whereas the United States and Australia but for trying to intimidate all Americans who The question was taken. are committed to close bilateral cooperation freely yearn to express theyir love for this The SPEAKER pro tempore. In the on legal, counternarcotics, and other global great country. opinion of the Chair, two-thirds of issues through the Mutual Legal Assistance Mr. DEMINT. Mr. Speaker, I often rise in this Treaty (MLAT) of 1997; those present have voted in the affirm- Whereas the United States and Australia House and speak about securing America’s ative. future. After the attacks of September 11, have worked together closely in the World Mr. CASTLE. Madam Speaker, on these words have taken on a whole new Trade Organization (WTO), as active mem- that I demand the yeas and nays. bers of the Asia-Pacific Economic Coopera- meaning. tion (APEC) forum, and as strong supporters Securing America’s future involves every- The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- of the Association of South East Asian Na- thing from strengthening our military and econ- tions (ASEAN) and the ASEAN Regional omy to educating our children. ant to clause 8 of rule XX and the Forum (ARF) to encourage and improve re- As we face this time of trial, we are re- Chair’s prior announcement, further gional cohesion; minded of the roots of our great nation and we proceedings on this motion will be Whereas the various phases of the multi- are keenly aware of the values we hold dear. postponed. national and United Nations operations in

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.011 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6793 East Timor were a striking example of remarks on the resolution under consid- gentleman from American Samoa (Mr. gional cooperation to achieve shared goals; eration. FALEOMAVAEGA) for joining us as origi- Whereas as evidenced by the recent situa- The SPEAKER pro tempore. Is there nal cosponsors. tion in East Timor and the economic crisis objection to the request of the gen- Madam Speaker, 5 weeks ago today, of 1997, the international and economic security in the Asia-Pacific region is dynamic tleman from Illinois? the House was scheduled to consider and the vitality and relevance of the alliance There was no objection. this important resolution which com- since the end of the Cold War is obvious; Mr. HYDE. Madam Speaker, I yield memorates the 50th anniversary of the Whereas the alliance between the United myself such time as I may consume. ANZUS treaty. This critical treaty es- States and Australia during World War II Madam Speaker, of the United tablished the strong security bonds be- was formalized in a 1951 security treaty com- States’ many formal relationships tween the United States and our friend monly referred to as the ‘‘ANZUS Treaty’’, around the world, our alliance with Australia. Then came the horrendous which provides that the United States and Australia is among the most important attacks on the twin towers and the Australia will act to meet a common danger and enduring. This year, we celebrate Pentagon. The Capitol was evacuated in the event of an armed attack in the Pa- the 50th anniversary of that alliance, cific against either country and strengthen and the congressional schedule was the fabric of peace in the Pacific region; one which I am pleased to say is as dramatically altered. Whereas Australia and the United States strong today as when the ANZUS Trea- Australia’s outstanding response to have maintained a close relationship with ty was signed half a century ago. But the September 11 attacks has given us one another, and with the United Nations, the bonds connecting the United States a firsthand opportunity to appreciate regional organizations, associations, and and Australia are far deeper than those fully the strength of the relationship other authorities in the Pacific region as a outlined in a simple piece of paper, re- between the United States and Aus- means to maintain international peace and gardless of its undoubted importance. tralia and the role that this treaty can security; We share common origins, common po- Whereas forces of the United States and play in furthering our relationship. Australia have served alongside one another litical institutions and governing prin- On the 12th of September, Madam in many theaters of war and as part of ciples, a common commitment to peace Speaker, Australian Prime Minister United Nations peacekeeping operations and freedom around the world. That John Howard, in Washington for an of- throughout the world; commitment was tested many times in ficial visit, joined us in this very hall Whereas the alliance between the United the past century, when Australian and to hear President Bush address the Na- States and Australia has been characterized U.S. forces fought side by side in a se- tion. The Prime Minister had already by an extraordinary degree of cooperation ries of conflicts from World War I and offered his full and complete support that includes information sharing, combined World War II to the wars in Vietnam exercises, joint training and educational pro- for a strong and united response grams, and joint facilities; and the Persian Gulf. Many of the fall- against the acts of terrorism. And Whereas the Australia-United States secu- en share common graves. President Bush rightfully acknowl- rity relationship, having proved its value for Today, we recognize not only the edged that strong support. five decades, will remain a cornerstone of past importance of our alliance with On the 14th of September, Australia Asia-Pacific security into the 21st century; Australia but its continuing signifi- invoked article IV of the treaty which and cance in a new century of unfamiliar requires the United States and Aus- Whereas September 1, 2001, marks the 50th challenges and unplumbed dangers. The tralia to act to meet a common danger. anniversary of the ANZUS Treaty: Now, strength of that alliance was newly therefore, be it And on the 28th of September, Aus- demonstrated in the wake of the ter- Resolved by the House of Representatives (the tralia froze the assets of all 27 terrorist Senate concurring), That Congress— rorist attacks on America September organizations identified by the Presi- (1) expresses its appreciation to the Gov- 11 when our Australian ally imme- dent in an executive order, including ernment and people of Australia for the sup- diately pledged its unconditional sup- Osama bin Laden and his cohorts. port given to the United States in the after- port for the United States. That sup- On the 4th of October, Australia for- math of the terrorist attacks on September port included the decision by the Aus- mally committed a wide range of air, 11, 2001; tralian government to invoke article ground, and naval forces to join with (2) pays tribute to the relationship between IV of the ANZUS Treaty which com- American forces in the fight against the United States and Australia and looks mits both countries to cooperate in re- forward to the continued growth and devel- terrorism, including a detachment of opment of all aspects of the relationship; sponding to an attack. I should note special forces and air-to-air refueling (3) reaffirms the commitment of the this was the first time that article IV aircraft. has been jointly invoked in the 50-year United States to its alliance with Australia b 1430 under the ANZUS Treaty and to the impor- history of the ANZUS alliance. tance of security cooperation between the In this new century, the United The Australian Government an- United States and Australia and the impor- States and Australia will have need of nounced that it is ready to consider tance of their mutual security commit- reliable friends and proven allies. The further military contributions as well. ments, as was demonstrated by their joint knowledge that we do not face our Madam Speaker, the last 5 weeks decision to invoke Article IV of the Treaty, have shown that the United States- which commits both countries to act to meet challenges alone, that we will meet a common danger; them with steadfast partners such as Australia relationship is stronger than (4) reaffirms the importance of the trade Australia, is of incalculable impor- it has ever been, and the reasons for and economic relationship between Australia tance and reassurance to the United considering this important resolution and the United States and expresses its com- States. It is for these and other reasons are more important and compelling mitment to further strengthen it; and that I call up this resolution, recog- today than ever before. (5) expresses its strong support for contin- nizing the historic significance of the But we should not be surprised at the ued close cooperation between Australia and 50th anniversary of the alliance be- overwhelmingly positive response of the United States on economic and security our Australian friends to the Sep- issues in the Asia-Pacific region and glob- tween Australia and the United States ally. under the ANZUS Treaty. I look for- tember 11 attack. From human rights ward to the day when we will celebrate to trade to international peacekeeping, The SPEAKER pro tempore. Pursu- the first century of that alliance. the United States and Australia have a ant to the rule, the gentleman from Il- Madam Speaker, I reserve the bal- common agenda, and the relationship linois (Mr. HYDE) and the gentleman ance of my time. between our two nations simply could from California (Mr. LANTOS) each will Mr. LANTOS. Madam Speaker, I not be closer. control 20 minutes. yield myself such time as I may con- Australia assumed the leadership The Chair recognizes the gentleman sume. I rise in strong support of H. role in the Asia-Pacific region and has from Illinois (Mr. HYDE). Con. Res. 217. contributed greatly to the economic GENERAL LEAVE I would first like to commend Chair- and political stability of the region. Mr. HYDE. Madam Speaker, I ask man HYDE for introducing this impor- East Timor is the perfect example of unanimous consent that all Members tant resolution. I would also like to ex- Australia’s leadership in the Asia-Pa- may have 5 legislative days within press my appreciation to the gen- cific area. The Australians led the which to revise and extend their re- tleman from Iowa (Mr. LEACH) and the charge in bringing peace and stability

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.003 pfrm04 PsN: H16PT1 H6794 CONGRESSIONAL RECORD — HOUSE October 16, 2001 to the troubled island after the Indo- Theater. On May 4, 1942, the joint port passage of this measure that hon- nesians and the militias they support forces of American and Australian war- ors our common heritage with Aus- burned their way out of East Timor. ships stopped the Axis armada, which tralia: the respect of human rights, the Their military peacekeepers have been had never before been defeated, in its rule of law, the trust in free market the backbone of the United Nations historic march across the Pacific re- economies, and our fundamental belief peacekeeping force still in East Timor. gion. By crushing the fearsome enemy in government by democratic rule. We are all pleased, Madam Speaker, fleet, a planned invasion of Australia Madam Speaker, adoption of this that the East Timorese have recently was stymied and marked the strategic measure sends a strong message re- conducted their first free elections and pivotal turning point in World War affirming the deep respect and endur- since becoming independent from Indo- II, leading to the victory for allied ing bonds of friendship that have bound nesia. forces and the protection of the free and will always bind the people of the The resolution before the House world. United States with the good people of today recognizes the importance of the It was this victorious alliance be- Australia. 50th anniversary of the treaty; and it tween the United States and Australia Mr. BEREUTER. Mr. Speaker, as a co- reaffirms the importance of close eco- that the ANZUS Security Treaty was sponsor of House Concurrent Resolution 217, nomic security, political and cultural born, which holds that the U.S. and this Member rises in strong support for the bill ties between the United States and our Australia will act to meet the common which recognizes the historic significance of friends in Australia. Our resolution danger in the event of an attack the fiftieth anniversary of the alliance between recognizes the strong support provided against either country. Australia and the United States under the by Australia to the United States in Madam Speaker, when the horrific ANZUS Treaty. The measure also pays tribute the aftermath of the September 11 ter- terrorist attacks against our Nation to the United States-Australia relationship, re- rorist outrage. occurred on September 11 of last affirms the importance of economic security Madam Speaker, I urge all of my col- month, Australia took immediate steps cooperation between the United States and leagues to support H. Con. Res. 217. to demonstrate their commitment and Australia, and welcomes the state visit by Aus- Madam Speaker, I am particularly support of the United States in this tralian Prime Minister John Howard. pleased to yield 5 minutes to my friend, crisis. This member would like to commend the ef- the gentleman from America Samoa I deeply commend Prime Minister forts of the distinguished gentleman from Illi- (Mr. FALEOMAVAEGA), the ranking John Howard, who was in Washington nois and Chairman of the International Rela- Democrat on the Subcommittee on at the time, for his strong leadership tions Committee (Mr. HYDE), and the distin- East Asia and the Pacific. and standing in solidarity with Amer- guished gentleman from California and Rank- (Mr. FALEOMAVAEGA asked and ica. Within days, Australia invoked ar- ing Minority Member of the International Rela- was given permission to revise and ex- ticle IV of the ANZUS Treaty, fol- tions Committee (Mr. LANTOS) for introducing tend his remarks.) lowing with a concrete commitment of and moving forward this legislation. Mr. FALEOMAVAEGA. Madam military assets, including special Mr. Speaker, when the ANZUS Treaty was Speaker, I rise in strong support of forces detachments, military aircraft signed on September 1, 1951, no one could House Concurrent Resolution 217. I am and amphibious command capability. have anticipated that 50 years later, Australia honored to join the chairman of the When requested by President Bush, would invoke Article 4 of the treaty to assist House Committee on International Re- Australia also took steps to imme- the U.S. in its efforts against the threat of ter- lations, the gentleman from Illinois diately freeze the assets of terrorist or- rorism. Indeed, the treaty was negotiated and ganizations. signed during the Cold War when the spread (Mr. HYDE); our ranking Democrat Madam Speaker, the quick and time- of Communism to Pacific countries loomed as member, the gentleman from Cali- ly response of Australia in coming to the major threat. It was considered much more fornia (Mr. LANTOS); and the Chair of our Nation’s aid to combat inter- likely at that time that the U.S. would need to our Subcommittee on East Asia and national terrorism leaves no doubt in invoke the treaty to aid and defend the other the Pacific, the gentleman from Iowa our minds that our friends are indeed signatories. Now, the threat of Communism (Mr. LEACH), in jointly introducing this very serious about their security com- has disappeared, but U.S.-Australian military measure which honors the close friend- mitments to the United States. ties remain very strong and, in fact, poised to ship and extraordinarily deep relation- In addition to our extensive defense defeat the new threats to global security, in- ship between Australia and the United and intelligence cooperation, Australia cluding threats to financial, transportation, and States. has worked closely with the United immigration systems. As many of our colleagues may States to combat global problems such Currently, Australia has offered the services know, last month marked the 50th an- as the HIV–AIDS crisis, the inter- of 150 elite Special Air Service soldiers and 2 niversary of our alliance with Aus- national criminal syndicates and nar- Royal Australian Air Force Boeing 707 refuel- tralia under the ANZUS Treaty. The cotics trafficking, and the proliferation ing aircraft. Additionally, the Australian Gov- resolution before us properly recog- of weapons of mass destruction and ernment has indicated that, if necessary, they nizes that this vital security relation- missile technology. could contribute long-range surveillance sup- ship has made historic and significant We have also served together in port and an amphibious command ship to the contributions to peace and stability in international peacekeeping forces, for war on terrorism. the Asia-Pacific region and will con- which in particular Australia should be Mr. Speaker, this commitment on the part of tinue to do so throughout the new cen- deeply commended for its outstanding the Australians is to be commended as is the tury. leadership of multinational operations role it has previously played in defending the Even before the ANZUS Treaty was in East Timor, which resolved the cri- shared interests of the U.S. and Australia. In- signed in 1951, however, Australia and sis and restored stability in that new- deed, in every major 20th Century conflict— the United States have worked to- born nation. World War I, World War II, Korea, Vietnam, gether in partnership to confront com- Madam Speaker, the United States and the Gulf War, Australian forces have mon threats to democracy. From the and Australia also share a robust trade joined American forces on the front lines. It is summer of 1918, when the U.S. 33rd Na- relationship. We are Australia’s second important to note that Australia’s defense tional Guard Division joined Aus- largest trading partner, with an annual forces have cooperated and coordinated tralian troops at the Battle of Le trade exceeding $22 billion a year; and closely with the U.S. The command, control, Hamel in France, we have fought to- our two nations consult and work and communications systems of both coun- gether as allies in World War I, World closely in the World Trade Organiza- tries in important respects are integrated. Also, War II, the Korean and Vietnam Wars, tion and APEC for the promotion of Australia has long been designated as one of and, more recently, in conflicts in the international trade and regional eco- America’s most important non-NATO allies. Persian Gulf and even Somalia. nomic development. To further boost Japan is the only other country in the Asia-Pa- Madam Speaker, it was during World our trade relationship, it is necessary cific region to share this distinction. War II in particular at the Battle of and appropriate that a free trade agree- Not only has Australia been a key ally to the the Coral Sea where United States and ment be finalized between our nations. U.S. in previous conflicts and continues to be Australia naval forces joined in one of Madam Speaker, for all these reasons so in this current conflict, it has been a stabi- the allies’ finest hours in the Pacific and more, I urge our colleagues to sup- lizing force in its neighborhood. Australia did

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.032 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6795 not shirk from its regional responsibilities when prior fiscal year, that prohibits direct assist- tion with respect to any transfer of an excess a crisis erupted in East Timor. Australia ance to a country whose duly elected head of defense article that the President deter- stepped forward readily, early, and decisively government was deposed by decree or mili- mines is important to United States efforts tary coup shall not apply with respect to to respond to, deter, or prevent acts of inter- to lead the multi-national peacekeeping inter- Pakistan. national terrorism shall be made at least 15 vention in East Timor and it remains a prin- (2) PRIOR CONSULTATION REQUIRED.—Not days in advance of the transfer in lieu of the cipal guarantor of security there. Australia’s less than 5 days prior to the obligation of 30-day requirement in that section. continued leadership in the Pacific will be crit- funds for Pakistan under paragraph (1), the SEC. 5. APPROPRIATE CONGRESSIONAL COMMIT- ical following the terrorist attacks of Sep- President shall consult with the appropriate TEES DEFINED. tember 11th as Indonesia, a neighbor and the congressional committees with respect to In this Act, the term ‘‘appropriate congres- world’s most populous Muslim country, and such obligation. sional committees’’ means the Committee on the Philippines grapple with their response to (b) FISCAL YEAR 2003.— Foreign Relations and the Committee on Ap- (1) WAIVER.—The President is authorized to propriations of the Senate and the Com- the attacks. waive, with respect to Pakistan, any provi- Mr. Speaker, the U.S. and Australia share mittee on International Relations and the sion of the foreign operations, export financ- Committee on Appropriations of the House similar backgrounds as former British colonies ing, and related programs appropriations Act of Representatives. and as destinations for huge numbers of immi- for fiscal year 2003 that prohibits direct as- SEC. 6. TERMINATION DATE. grants who were seeking a fresh start. Free- sistance to a country whose duly elected Except as otherwise provided in section 1 dom flourishes in both countries. Indeed, the head of government was deposed by decree or or 3, the provisions of this Act shall termi- U.S. and Australia are very much like close military coup, if the President determines nate on October 1, 2003. and certifies to the appropriate congres- cousins. Now, we, as cousins, are facing a po- The SPEAKER pro tempore. Pursu- tentially long and complicated war in a world sional committees that such waiver— (A) would facilitate the transition to ant to the rule, the gentleman from Il- very different from the one which necessitated democratic rule in Pakistan; and linois (Mr. HYDE) and the gentleman the ANZUS Treaty. This Member urges his (B) is important to United States efforts to from California (Mr. LANTOS) each will colleagues to vote for H. Con. Res. 217 to respond to, deter, or prevent acts of inter- control 20 minutes. show continued support for Australia—our national terrorism. The Chair recognizes the gentleman (2) PRIOR CONSULTATION REQUIRED.—Not international cousin, our friend, and our very from Illinois (Mr. HYDE). valuable and trusted ally. less than 5 days prior to the exercise of the Mr. LANTOS. Madam Speaker, I have waiver authority under paragraph (1), the GENERAL LEAVE no further requests for time, and I President shall consult with the appropriate Mr. HYDE. Madam Speaker, I ask congressional committees with respect to unanimous consent that all Members yield back the balance of my time. such waiver. Mr. HYDE. Madam Speaker, I have may have 5 legislative days within SEC. 2. INCREASED FLEXIBILITY IN THE EXER- no further requests for time, and I which to revise and extend their re- CISE OF WAIVER AUTHORITY OF marks and include extraneous material yield back the balance of my time. MTCR AND EXPORT ADMINISTRA- The SPEAKER pro tempore (Mrs. TION ACT SANCTIONS WITH RE- on S. 1465. SPECT TO PAKISTAN. BIGGERT). The question is on the mo- The SPEAKER pro tempore. Is there tion offered by the gentleman from Illi- Any waiver under 73(e) of the Arms Export objection to the request of the gen- Control Act (22 U.S.C. 2797b(e)), or under sec- tleman from Illinois? nois (Mr. HYDE) that the House suspend tion 11B(b)(5) of the Export Administration the rules and agree to the concurrent There was no objection. Act of 1979 (50 U.S.C. App. 2410b(b)(5)) (or suc- Mr. HYDE. Madam Speaker, I yield resolution, H. Con. Resolution 217, as cessor statute), with respect to a sanction amended. that was imposed on foreign persons in Paki- myself such time as I may consume. The question was taken. stan prior to January 1, 2001, may be Madam Speaker, the pending bill per- The SPEAKER pro tempore. In the exercised— mits the President to scrape from the opinion of the Chair, two-thirds of (1) only after consultation with the appro- hull of a great ship, the foreign rela- those present have voted in the affirm- priate congressional committees; and tions law of the United States, some of (2) without regard to the notification peri- ative. the barnacles that prevent us from aid- ods set forth in the respective section au- ing our ally, Pakistan. It is an appro- Mr. LANTOS. Madam Speaker, on thorizing the waiver. that I demand the yeas and nays. priate response to the emergency situa- SEC. 3. EXEMPTION OF PAKISTAN FROM FOR- tion confronting our Nation and to the The yeas and nays were ordered. EIGN ASSISTANCE PROHIBITIONS The SPEAKER pro tempore. Pursu- RELATING TO FOREIGN COUNTRY difficulties facing Pakistan as it as- ant to clause 8 of rule XX and the LOAN DEFAULTS. sists us to stabilize their region. Chair’s prior announcement, further The following provisions of law shall not Pakistan has been for decades a proceedings on this motion will be apply with respect to Pakistan: friend of the United States. It stood by (1) Section 620(q) of the Foreign Assistance postponed. us, for example, by committing its Act of 1961 (22 U.S.C. 2370(q)). armed forces on our side in the Gulf f (2) Such provision of the Foreign Oper- War, unlike some of its neighbors who AUTHORIZING PRESIDENT TO EX- ations, Export Financing, and Related Pro- grams Appropriations Act, 2002, as is com- were mild and somewhat equivocal in ERCISE WAIVERS OF FOREIGN parable to section 512 of the Foreign Oper- their response to Saddam Hussein. Of ASSISTANCE RESTRICTIONS ations, Export Financing, and Related Pro- course, it was the launching place for WITH RESPECT TO PAKISTAN grams Appropriations Act, 2001 (Public Law our long, difficult joint effort to free Mr. HYDE. Madam Speaker, I move 106–429; 114 Stat. 1900A–25). the Afghan people of the Soviet Army. to suspend the rules and pass the Sen- SEC. 4. MODIFICATION OF NOTIFICATION DEAD- While Pakistan and the United LINES FOR DRAWDOWNS AND States have had serious disagreements ate bill (S. 1465) to authorize the Presi- TRANSFER OF EXCESS DEFENSE AR- dent to exercise waivers of foreign as- TICLES TO RESPOND TO, DETER, OR on proliferation policy and other issues sistance restrictions with respect to PREVENT ACTS OF INTERNATIONAL and we remain concerned with the Pakistan through September 30, 2003, TERRORISM. overthrow of the elected government and for other purposes. (a) DRAWDOWNS.—Notwithstanding the sec- by President Musharref, we can and ond sentence of section 506(b)(1) of the For- should work with Pakistan during the The Clerk read as follows: eign Assistance Act of 1961 (22 U.S.C. S. 1465 2318(b)(1)), each notification under that sec- coming years and establish a new rela- Be it enacted by the Senate and House of Rep- tion with respect to any drawdown author- tionship based on trust, mutual inter- resentatives of the United States of America in ized by subclause (III) of subsection est, and common values. Congress assembled, (a)(2)(A)(i) that the President determines is The bill waives for fiscal years 2002 SECTION. 1. EXEMPTIONS AND WAIVER OF AP- important to United States efforts to re- and 2003 legislative provisions with re- PROPRIATIONS ACT PROHIBITIONS spond to, deter, or prevent acts of inter- spect to Pakistan prohibiting direct as- WITH RESPECT TO PAKISTAN. national terrorism shall be made at least 5 sistance on account of the deposition of (a) FISCAL YEAR 2002 AND PRIOR FISCAL days in advance of the drawdown in lieu of a duly elected head of government by a YEARS.— the 15-day requirement in that section. (1) EXEMPTIONS.—Any provision of the for- (b) TRANSFERS OF EXCESS DEFENSE ARTI- military coup. It provides additional eign operations, export financing, and re- CLES.—Notwithstanding section 516(f)(1) of flexibility by eliminating certain noti- lated programs appropriations Act for fiscal the Foreign Assistance Act of 1961 (22 U.S.C. fication periods with respect to certain year 2002, or any provision of such Act for a 2321j(f)(1)), each notification under that sec- provisions of the Arms Export Control

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.020 pfrm04 PsN: H16PT1 H6796 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Act and the Export Administration ple and government of Pakistan our effort in Afghanistan. If Pakistan’s Act. It exempts Pakistan from certain commitment to help them secure that forces are not being used directly provisions of law which would prevent future as long as Pakistan continues against the Taliban and terrorist it from receiving assistance should it its commitment to eradicate inter- groups, there is no justification for be in default on certain debts. It per- national terrorism. It is for this reason providing military aid. mits drawdowns of defense articles and that I support the legislation before us South Asia is today one of the most the transfer of excess defense articles today. politically volatile areas in the world. subject to shorter congressional notifi- The situation in South Asia, Madam Pakistan is a nuclear power, but has cation periods. Speaker, is highly volatile, and I am been unstable and, like I said earlier, Madam Speaker, our military is in convinced that any military assistance very fragile. Until sound democracy is the air over Afghanistan as we speak. or armed sales in the current environ- established in Pakistan, it is unclear Our forces are depending on Pakistani ment would only serve to further in- what purpose military artillery and facilities and intelligence. Our assist- flame tensions in the region. I urge our weapons will be used for. ance to Pakistan helps ensure the sta- administration to refrain from actions My fear is that if we provide weapons bility of the government of an ally and that will accelerate the arms race on to Pakistan or lead to that possibility, the welfare of its people. I urge my col- the subcontinent and further desta- they may inadvertently fall into the leagues to support this bill and send it bilize the already fragile situation wrong hands and be used in ways con- to the President for his signature. there. I will continue to monitor this trary to U.S. interests. And Pakistan Madam Speaker, I reserve the bal- issue closely. has Iran to the west of its borders and ance of my time. Finally, I want to reiterate to the India to the east. Sri Lanka and sev- Mr. LANTOS. Madam Speaker, I people of Pakistan our continued sup- eral other countries contribute to the yield myself such time as I may con- port for a return to democracy in that volatile makeup of the region. sume. country. President Musharraf has Historically, U.S. arms exports to Madam Speaker, I rise in strong sup- given his word that he is committed to Pakistan have been used against India, port of S. 1465. This is a very signifi- democracy and we in Congress intend primarily through cross-border mili- cant piece of legislation; and I want to to hold him to his word. tary action in Kashmir. We saw a terri- commend my distinguished friend, the Madam Speaker, I urge all of my col- fying example of this on October 1 gentleman from Illinois (Chairman leagues to support S. 1465. when a suicide car bomb exploded in HYDE), for bringing this bill to the Mr. LANTOS. Madam Speaker, I am front of the Jammu and Kashmir State floor in an expedited fashion. pleased to yield 5 minutes to the gen- Assembly while it was in session. This As we speak, Madam Speaker, the tleman from New Jersey (Mr. terrorist attack left at least 40 dead Secretary of State of the United States PALLONE). and many more injured. Jaish-e-Mu- is in Pakistan underscoring the impor- Mr. PALLONE. Madam Speaker, I hammad, a Pakistani-based group, is tance of our relationship and the im- want to thank the gentleman from the terrorist group that came forward portance of this legislation. California (Mr. LANTOS), the ranking and claimed responsibility for this hor- We are engaged in an epic struggle member, for yielding me this time. rific act. This group is now on the against the forces of international ter- I come to the House floor today to Treasury Department’s list of terrorist rorism; and our fighting men and rise in opposition to S. 1465, as we groups whose assets will be frozen by women are risking their lives as we know, a bill that waives certain sanc- the U.S., but this example of cold- speak to end this terrible threat, not tions against Pakistan. Section 508 of blooded murder by a Pakistani-based only to the United States, but to every the Foreign Operations Act for fiscal group should be evidence enough that civilized country on the face of this year 2001 was passed by Congress to weapons can and will fall into the planet. In this fight, we have called prohibit the export of U.S. weapons and hands of terrorist networks and poten- upon all nations to make every con- military assistance to countries whose tially be used against India or other tribution they can to prevail against duly-elected head of government is de- U.S. allies. these forces of evil. posed. In 1999, General Perez Musharraf The Pakistan government is cur- Pakistan in particular, by geography overthrew the civilian-elected govern- rently not only supportive of the and history, must shoulder an unusu- ment of Pakistan in a military coup Taliban but, in fact, is one of the pro- ally heavy burden in this effort. While and since then has governed Pakistan ponents that created the Taliban move- it is true that Pakistan had a hand in under military rule. As a result, sec- ment in Afghanistan. Due to the deep creating the Taliban, it is also true tion 508 sanctions have been in place ties between Pakistan and the Taliban, that Pakistan today is playing a crit- and U.S. policy has maintained that no and the deep ties between the Taliban ical role in ensuring that Afghanis military assistance would be provided and Osama bin Laden, I feel that it is know Afghanistan is no longer a base to Pakistan. in the best interests of the U.S. to up- for international terrorism. Under the current circumstances due hold its current policy of restricting President Musharref’s decision to to the attacks of September 11, I do military assistance at this time. Given stand with the United States and the feel that it is appropriate to provide Pakistan’s instability, nuclear pro- civilized global community was a wise economic assistance to Pakistan be- liferation capabilities, and current and courageous choice. But as we laud cause of General Musharraf’s willing- military rule, I do not see a reasonable him for making the right choice, we ness to support the U.S. in seizing argument for compromising our demo- must acknowledge that it will not be Osama bin Laden and eliminating the cratic values by waiving section 508. an easy commitment to keep. The ter- al-Qaeda terrorist network. Pakistan is Finally, for my colleagues that feel rorist attacks on September 11 shed not only a country suffering from se- that we should grant Pakistani aid re- light on the life-and-death struggle vere poverty in some regions, but it is quested, including military aid, I would that is being waged for the future of also a fragile society. Pakistan’s pleas note that under section 614 of the For- Pakistan. It is a battle against the de- to the U.S. for economic help are un- eign Assistance Act, the U.S. may pro- structive and anarchist forces of reli- derstandable, and any humanitarian, vide weapons and military assistance gious fanaticism and violence which education, economic, and social assist- when U.S. national security interests seek to capitalize on the despair of the ance is worthy of being granted on an are at stake. Given that Osama bin poor. expedited basis. Laden and his al-Qaeda network have However, Madam Speaker, I stand not only savagely attacked us, but con- b 1445 strong in my argument against mili- tinue to pose a threat to the U.S., the It is a battle that President tary aid to Pakistan, even under the President could provide U.S. military Musharraf must win to restore hope to current circumstances. Since the first assistance to Pakistan under section the people of Pakistan and to secure a day of U.S. military action against the 614. Unless the President certifies that future for the children of Pakistan. It Taliban in Afghanistan, it has become that assistance provided under 614 is is vital, Madam Speaker, that the clear that Pakistan’s armed forces are insufficient, there is no reason for Con- United States demonstrate to the peo- not participating in the antiterrorism gress to waive section 508.

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.033 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6797 If and when Pakistan takes steps to- pect we will provide $600 million to re- to the instability of this region by providing wards establishing a democracy with a spond to that request. But at the mo- more weapons? civilian-elected government, perhaps ment, there is no clear plan for how United States law prohibits the export of section 508 would be irrelevant. How- this assistance will flow, and we have arms to government in power due to a military ever, General Musharraf has shown no very little monitoring capacity to en- coup. Section 508 of the Foreign Operations steps towards returning Pakistan to sure funds are spent for their intended Act for FY01 prohibits the export of weapons democratic rule and, in fact, has moved purposes. Under normal circumstances, and military assistance to countries whose in the opposite direction for at least Congress has a role in directing the use duly elected head of government is deposed. the past several months. On June 20 he of appropriated funds prior to their dis- Reversing this policy without making any stip- declared himself President of Pakistan, bursement, and I hope we will be in- ulations about the re-establishment of democ- which is a clear indication of his desire cluded in the current process as well. racy could send the wrong message to un- to maintain a dictatorial stronghold. At this point, we have not been in- democratic regimes. Musharraf’s past actions include dis- formed of any plan to provide signifi- These are extraordinary times. Extreme solving Pakistan’s National Assembly cant military assistance to Pakistan. measures may be necessary. But the Presi- and four provincial assemblies. He has However, that could and likely will dent has already exercised his right to provide claimed that he will hold fair national change as the situation develops. There American weapons and military assistance elections by 2002; however, this has are no legislative guidelines in place to when national security interests are at stake, only been lip service so far. As a self- ensure that we will have appropriate as allowed by section 614 of the Foreign As- proclaimed President, Musharraf may assurances from the Pakistani govern- sistance Act. Congress should not waive sanc- be seen with more credibility in the ment that the use of such assistance tions on arms export to India and Pakistan un- eyes of the international community at will be restricted to the fight against less the President shows that the assistance large, but the fact remains that the terrorism. While it is my expectation he has already provided is insufficient. people of his Nation never elected him. that the President would seek and ob- If these sanctions are waived, there is no I believe that repealing section 508 tain such assurances, Congress does guarantee that the United States has any control over the weapons exported. Our experi- clearly sends the wrong message, given not currently require him to do so. ences in Somalia, Iran, Iraq, an Afghanistan the General’s actions. Finally, I am puzzled that this bill Mr. LANTOS. Madam Speaker, I am takes the unusual step of waiving a demonstrate this. How do we know that Amer- pleased to yield 4 minutes to the dis- provision of law on a bill that is not ican weapons will not fall into the hands of po- tinguished gentlewoman from New yet written: the fiscal year 2003 For- tential enemies and threaten our troops at a future date? The Taliban may own up to 100 York (Mrs. LOWEY), the ranking Demo- eign Operations bill. I understand and cratic member of the Subcommittee on support the need to send a strong sig- Stinger missiles that were provided by the Foreign Operations, Export Financing nal to Pakistan and to provide some United States in the 1980s for their clash with the Soviet Union. and Related Programs. assurance that our commitment to As I mentioned earlier, I worry about the Mrs. LOWEY. Madam Speaker, I rise them is long term, but I submit that message that the United States sends to un- in reluctant support of S. 1465, and I providing $600 million is a very strong democratic regimes by allowing exports to would like to address several concerns signal. The Committee on Appropria- countries without stipulations about the estab- about this bill which would authorize tions, under the leadership of the gen- lishment of democracy. To allow such a waiv- the President to exercise certain waiv- tleman from Florida (Mr. YOUNG), has er regardless of a country’s human rights ers with respect to Pakistan. responded with speed and cooperation standards violates one of the central tenets of In recent weeks, the President has to the President’s request for resources invoked special authorities to enable U.S. foreign policy. Congress should exercise to fight this war. We neglect our over- caution, for allowing such waivers now may the provision of $100 million in eco- sight responsibilities when we provide lead to broader waivers later. The fight against nomic assistance for Pakistan. I have prospective waivers for bills that have terrorism should not be at the expense of our been consulted on these decisions and I yet to be written. principles. have supported them as necessary to Madam Speaker, I support this bill, Madam Speaker, instead of providing mili- carry out our campaign against ter- but I urge my colleagues to carefully tary aid, the United States should target its aid rorism. But the passage of this bill consider these concerns as we move toward the more immediate needs of the peo- today will remove all remaining legis- forward. ple of Pakistan and India. Pakistan and India lative restrictions on assistance to Mr. LANTOS. Madam Speaker, we rank No. 127 and No. 114, respectively, in the Pakistan for both fiscal year 2002 and have no further requests for time, and U.N.’s Human Development Index. More fiscal year 2003. It is my understanding I yield back the balance of my time. weapons will not move them up in these that the administration will soon in- Mr. HOLT. Madam Speaker, I rise today to rankings. The United States should provide form Congress of its intention to pro- address my colleagues regarding S. 1465. economic assistance to the people of Pakistan vide an additional $500 million in eco- As we pass this legislation today, I wanted and India—not more weapons. nomic assistance to Pakistan to be to note for the record certain reservations I Mr. GILMAN. Madam Speaker, I reluctantly taken from the $40 billion emergency have about authorizing the President to waive rise in support of S. 1465, a bill that would supplemental. sanctions against Pakistan. I am in favor of waive certain restrictions on U.S. assistance to There is simply no question that the providing aid to Pakistan and helping them de- Pakistan. United States should move rapidly to velop economically. This development is cru- While we need to attempt to be helpful to provide economic assistance to Paki- cial for a transition to a democratic form of President Musharraf for permitting the United stan in light of its cooperation in the government. Our relationship with Pakistan is States access to its bases and in an attempt war on terrorism, and because of the especially important in light of the events since to build a relationship with Pakistan, I am very severe economic crisis there, but I cau- September 11. We must continue to cement concerned about working too closely with tion my colleagues against relin- our alliance with Pakistan and all interested Pakistan at this point and providing for them to quishing our role in this process. With countries in order to maintain our campaign have too much of a role in forming the future the passage of this bill, we give ex- against al Qaeda and the Taliban. However, I Government of Afghanistan. traordinary discretion to the adminis- question whether waiving restrictions on U.S. In the past, the Government of Pakistan and tration to determine the extent and arms exports is the best way to help these President Musharraf have given to the Taliban content of our assistance. While I sup- countries. the support they needed to take and stay in port a bold and significant assistance South Asia, as we now know, is an ex- power. Pakistani military officials have guided program for Pakistan, I believe it must tremely volatile area. In the last 50 years, and counseled Taliban military leaders in their have appropriate congressional over- India and Pakistan, who both have nuclear ca- war against the National Alliance. Indeed with- sight. pabilities, have fought three conflicts. As we out the support of Pakistan the Taliban would The Pakistani government has re- have seen in just the last few days, the area not even exist. quested billions in economic assistance around Kashmir continues to be a source of The Taliban originated from Islamic fun- to meet its cash shortfall and to ad- tension in the region. Any weapons that we damentalist religious schools in Pakistan. dress its significant infrastructure, export to these countries could be used in fu- President Musharraf and other Pakistani lead- education, and health needs, and I ex- ture conflicts. Do we really want to contribute ers throughout the years have provided the

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.022 pfrm04 PsN: H16PT1 H6798 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Taliban a lifetime by giving it military, eco- Mr. ACKERMAN. Madam Speaker, I rise in cratically elected government of Pakistan trig- nomic, and logistical support. support of S. 1465 but do so with some seri- gered additional sanctions under the Foreign As Secretary Powell seeks to be helpful to ous reservations. While I think we all agree Appropriations Act. Foreign Assistance Act the Afghans as they attempt to form a new that the President needs a significant amount also imposed restrictions on Pakistan for ar- government I would hope that we do not take of flexibility in order to effectively prosecute rearages in bilateral debt payments. On Sep- Pakistani advice to install a ‘‘reinvented’’ the war on terrorism, I believe we should be tember 22, 2001, President Bush triggered Taliban in power. careful about the types of assistance that waivers to lift remaining sanctions on Pakistan We should also not forget that Pakistan, bin could flow to Pakistan under this particular as a good faith gesture towards this nation for Laden, and the Taliban have been responsible proposal. its cooperation in eradicating terrorism. The for terrorist acts that have led to the deaths of Clearly, everyone supports the provision of Congress must also demonstrate its commit- innocent Indian civilians in Kashmir and economic assistance to Pakistan. Among the ment to our allies in this struggle, while re- throughout India for many years. poorest nations in the world, Pakistan was, specting the long-term policy goals our sanc- Pakistan has used its military against India until a recent rescheduling, in default on U.S. tions are designed to promote and protect. time and time again. Given that, while it loans and continues to need assistance with This legislation achieves this goal by granting makes sense to give Pakistan economic sup- its massive foreign debt. In addition, the Paki- the President waiver authority for fiscal year port I do not believe that it is wise to give it stani economy remains weak although Gen- 2002. However, for the following fiscal year, military support until we are clear about the eral Musharaff should be given credit for ad- the waiver is only extended if the President way in which it intends to use that support. hering to the structural adjustment plan re- can show this Body that the waiver would ‘‘fa- Accordingly, I reluctantly support S. 1465. quired by the International Monetary Fund. cilitate the transition to democratic rule in Mr. BEREUTER. Madam Speaker, this Pakistan should also be given assistance to Pakistan; and is important to United States ef- Member rises in strong support for S. 1465, a provide health care and education. Life ex- forts to respond to, deter, or prevent acts of bill authorizing the President to exercise waiv- pectancy is low, infant mortality is high, and ers of foreign assistance restrictions with re- international terrorism.’’ Thus, this House en- too many of Pakistan’s children are educated spect to Pakistan through September 30, sures that we do not disregard our commit- in Madrassas that provide only lessons in ha- 2003. This Member would like to commend ment to the spread of viable stable democ- tred. the distinguished gentleman from kansas serv- racies throughout the world, while recognizing The problem with this bill is that it opens the the need to commit resources to those nations ing in the other body, Mr. BROWNBACK, who door to a significant new arms relationship previously served in this body, for his commit- willing to facilitate the development of peace with Pakistan and before the United States ment to develop an expertise in South Asian throughout both the region and the world. even considers going down that road, we must and Central Asian issues and for introducing Pakistan is also given the opportunity to consider who the arms are likely to be used S. 1465. This Member would also like to thank continue its support of our military efforts in against. It is clear from looking at Pakistan’s the gentleman from Illinois, the chairman of FY 2003 by allowing the President to waive immediate neighbors that the threats to Paki- the International Relations Committee, Mr. arms control export laws if President Bush stan are low. In Afghanistan, the expectations HYDE, for expeditiously moving this measure deems it necessary and notifies Congress 45 for a post-Taliban government are that it to the floor. days in advance. The leadership of Pakistan, Pakistan is located in a neighborhood where would not be a threat to Pakistan. Since China though not elected, has recognized the urgent its alignment with the United States during the is Pakistan’s long-time partner on nuclear and need for the Peace of Nations in this world. cold war was neither an easy nor popular missile-related technologies, it is unlikely Paki- Despite sustained protests and alleged desta- choice, and yet Pakistan served well as an stan would use the weapons there. There are bilization by Taliban infiltrators from Afghani- ally to the United States during that era. Fol- tensions between Iran and Pakistan but they stan, the leadership of Pakistan has proven lowing the unspeakable and horrific terrorist don’t seem to rise to the level of armed con- that it has renounced its ties to the Taliban, attacks on September 11, 2001, the world has flict. That leaves India, which is where any and agreed to play a decisive role in the shap- entered a new era, and, to its credit, Pakistan weapons we provide are likely to be used. We ing of a new democracy within Afghanistan. has once again made a choice that was nei- should think long and hard before we agree to Our actions here today ensure that we will ther easy nor popular—that is, to align itself supply Pakistan with any weapons or spare play a decisive role in pursuing the goal of de- with the United States in the war against glob- parts that would be used against India. India mocracy within Pakistan. al terrorism. strongly supports the U.S.-led coalition against terrorism and does so without preconditions or Finally, Madam Speaker, this bill ensures Madam Speaker, this legislation provides that we do not sell ourselves for the sake of President Bush with the tools he needs to en- reservations. Now is not the time for the U.S. our pursuit of the Taliban. This legislation courage Pakistan’s continued participation in to abandon its democratic friends in South ‘‘sunsets’’ on October 1, 2003. By limiting the United States efforts to combat terrorism. It Asia, or elsewhere. scope of this waiver, we respect our constitu- provides the President with the opportunity to One final point, Madam Speaker, we should tional function of checking the power of the provide increased assistance to Pakistan is remember that among the sanctions we are executive to pursue policies against our long- critical and very appropriate at this time. waiving here today are those imposed be- However, this Member would note that even cause of the October 1999 coup in Pakistan. term interests longer than necessary for the if the terrorist attacks had not occurred, re- The message from this waiver must not be swift administration of justice viewing current sanctions against Pakistan, as that democracy is no longer important. In fact, Though the times we live in are uncertain, provided in S. 1465, would have been appro- the one lesson we should draw from the cur- we are not desperate, for our cause is just priate. Following the October 12, 1999, unfor- rent situation is that democracy remains the and our will strong. This Congress is charged tunate, but bloodless coup, which brought him solution to extremism everywhere. We must to face unpleasant realities for the sake of our to power, General Musharraf has abided by continue to urge Pakistan to return to democ- children’s futures. S. 1465 does this, and in a the Pakistani Supreme Court’s prescribed racy as soon as possible. way that ensures the children of Pakistan timetable for reinstating local elections, and he Ms. JACKSON-LEE of Texas. Madam might someday know democracy, too. continues to promise that Pakistan will con- Speaker, I rise in support of this legislation, Mr. HYDE. Madam Speaker, I have duct Federal elections in October 2002. Addi- which will allow for the temporary waiver of no further requests for time, and I tionally, freedom of the press appears to be economic restrictions with respect to Pakistan. yield back the balance of my time. improving according to the Pakistan Country We currently find ourselves involved in a The SPEAKER pro tempore (Mrs. military action far from home. This is only pos- Report on Human Rights Practices for 2000. BIGGERT). The question is on the mo- While the Pakistani economy continues to suf- sible due to the coordinated efforts of many tion offered by the gentleman from Illi- nations that have demonstrated their commit- fer, reports indicate that General Musharraf’s nois (Mr. HYDE) that the House suspend administration has made progress in improving ment to eliminating terrorism from the earth. the rules and pass the Senate bill, S. transparency and in liberalizing trade. Cer- Pakistan has contributed mightily to our efforts 1465. tainly, these steps would have warranted the in Afghanistan, both diplomatically and other- consideration of resuming foreign assistance wise. The question was taken; and (two- which could foster continued improvements in Madam Speaker, President Clinton imposed thirds having voted in favor thereof) these areas. It could also assist in supporting sanctions on Pakistan and India for their dual the rules were suspended and the Sen- improvements in other human rights areas. nuclear tests in 1998 under the Glenn Amend- ate bill was passed. Madam Speaker, this Member encourages ment of the Arms Export Control Act. In addi- A motion to reconsider was laid on his colleagues to support S. 1465. tion, the October 1999 overthrow of the demo- the table.

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.014 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6799 CORAL REEF AND COASTAL MA- areas, by providing for the alleviation of ‘‘(11) CORAL REEF AND OTHER COASTAL MA- RINE CONSERVATION ACT OF 2001 debt in countries where these resources are RINE RESOURCES FUND.—The term ‘Coral Reef located, thus allowing for the use of addi- and Other Coastal Marine Resources Fund’ Mr. HYDE. Madam Speaker, I move tional resources to protect and restore such or ‘Fund’ means a Coral Reef and Other to suspend the rules and pass the bill coral reefs and other coastal marine re- Coastal Marine Resources Fund provided for (H.R. 2272) to amend the Foreign As- sources, and to reduce economic pressures in section 909. sistance Act of 1961 to provide for debt that have led to unsustainable exploitation; ‘‘SEC. 904. ESTABLISHMENT OF THE FACILITY. relief to developing countries who take and There is established in the Department of action to protect critical coral reef ‘‘(3) to ensure that resources freed from the Treasury an entity to be known as the habitats, as amended. debt in such countries are rechanneled to ‘Coral Reef and Other Coastal Marine Re- sources Facility’ for the purpose of providing The Clerk read as follows: protection of coral reefs and other coastal marine resources. for the administration of debt reduction in H.R. 2272 ‘‘SEC. 903. DEFINITIONS. accordance with this part. Be it enacted by the Senate and House of Rep- ‘‘In this part: ‘‘SEC. 905. ELIGIBILITY FOR BENEFITS. resentatives of the United States of America in ‘‘(1) ADMINISTERING BODY.—The term ‘ad- ‘‘(a) IN GENERAL.—To be eligible for bene- Congress assembled, ministering body’ means the entity provided fits from the Facility under this part, a SECTION 1. DEBT REDUCTION FOR DEVELOPING for in section 908(c). country shall be a developing country with a COUNTRIES WITH CORAL REEFS coral reef or other coastal marine resource— ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- AND OTHER COASTAL MARINE RE- ‘‘(1) the government of which meets the re- TEES SOURCES. .—The term ‘appropriate congressional committees’ means— quirements applicable to Latin American or The Foreign Assistance Act of 1961 (22 Caribbean countries under paragraphs (1) ‘‘(A) the Committee on International Rela- U.S.C. 2151 et seq.) is amended by adding at through (5) and (7) of section 703(a) of this tions and the Committee on Appropriations the end the following: Act; and of the House of Representatives; and ‘‘(2) that has established investment re- ‘‘PART VI—DEBT REDUCTION FOR DEVEL- ‘‘(B) the Committee on Foreign Relations forms, as evidenced by the conclusion of a bi- OPING COUNTRIES WITH CORAL REEFS and the Committee on Appropriations of the lateral investment treaty with the United AND OTHER COASTAL MARINE RE- Senate. States, implementation of an investment SOURCES ‘‘(3) BENEFICIARY COUNTRY.—The term ‘ben- sector loan with the Inter-American Devel- ‘‘SEC. 901. SHORT TITLE. eficiary country’ means an eligible country opment Bank, World Bank-supported invest- ‘‘This part may be cited as the ‘Coral Reef with respect to which the authority of sec- ment reforms, or other measures, as appro- and Coastal Marine Conservation Act of tion 906(a) or paragraph (1) or (2) of section priate. 2001’. 907(a) of this part is exercised. ‘‘(b) ELIGIBILITY DETERMINATIONS.— ‘‘SEC. 902. FINDINGS AND PURPOSES. ‘‘(4) BOARD.—The term ‘Board’ means the ‘‘(1) IN GENERAL.—Consistent with sub- board referred to in section 910. ‘‘(a) FINDINGS.—The Congress finds the fol- section (a), the President shall determine ‘‘(5) CORAL.—The term ‘coral’ means spe- lowing: whether a country is eligible to receive bene- cies of the phylum Cnidaria, including— ‘‘(1) It is the established policy of the fits under this part. United States to support and seek the pro- ‘‘(A) all species of the orders Antipatharia ‘‘(2) CONGRESSIONAL NOTIFICATION.—The (black corals), Scleractinia (stony corals), tection and restoration of natural coastal President shall notify the appropriate con- Alcyonacea (soft corals), Gorgonacea (horny marine areas, in particular coral reefs and gressional committees of the intention of the corals), Stolonifera (organpipe corals and other critically imperiled coastal marine re- President to designate a country as an eligi- others), and Coenothecalia (blue coral), of sources around the world, as demonstrated ble country at least 15 days in advance of the class Anthozoa; and by the establishment of the United States any formal determination. Government’s Coral Reef Task Force under ‘‘(B) all species of the order Hydrocorallina ‘‘SEC. 906. REDUCTION OF DEBT OWED TO THE Executive Order 13089 (June 11, 1998) and by (fire corals and hydrocorals) of the class UNITED STATES AS A RESULT OF the emphasis given to coral reefs at the Con- Hydrozoa. CONCESSIONAL LOANS UNDER THIS ference on Oceans held in Monterey, Cali- ‘‘(6) CORAL REEF.—The term ‘coral reef’ ACT. fornia. means any reef or shoal composed primarily ‘‘(a) AUTHORITY TO REDUCE DEBT.— ‘‘(2) Coral reefs and other coastal marine of corals. ‘‘(1) AUTHORITY.—The President may re- resources provide a wide range of benefits to ‘‘(7) DEVELOPING COUNTRY WITH A CORAL duce the amount owed to the United States mankind by— REEF OR OTHER COASTAL MARINE RESOURCE.— (or any agency of the United States) that is ‘‘(A) harboring a major share of the world’s The term ‘developing country with a coral outstanding as of January 1, 1999, as a result marine biological diversity, and by acting as reef or other coastal marine resource’ of concessional loans made to an eligible seed-grounds and nurseries for many deep- means— country by the United States under this Act sea species; and ‘‘(A)(i) a country that has a per capita in- or predecessor foreign economic assistance ‘‘(B) serving as the basis for major activi- come of $725 or less in 1994 United States dol- legislation. ties of critical economic, social, and cultural lars (commonly referred to as ‘low-income ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— importance, including fishing, pharma- country’), as determined and adjusted on an For the cost (as defined in section 502(5) of ceutical research, recreation, tourism, and annual basis by the International Bank for the Federal Credit Reform Act of 1990) for the natural purification and recharge of wa- Reconstruction and Development in its the reduction of any debt pursuant to this ters. World Development Report; or section, there are authorized to be appro- ‘‘(3) International organizations and assist- ‘‘(ii) a country that has a per capita in- priated to the President $10,000,000 for each ance programs to conserve coral reefs and come of more than $725 but less than $8,956 in of the fiscal years 2002 through 2005. other coastal marine resources have pro- 1994 United States dollars (commonly re- ‘‘(3) CERTAIN PROHIBITIONS INAPPLICABLE.— liferated in recent years, but the rapid deferred to as ‘middle-income country’), as de- ‘‘(A) IN GENERAL.—A reduction of debt pur- struction of these resources nonetheless con- termined and adjusted on an annual basis by suant to this section shall not be considered tinues in many countries. the International Bank for Reconstruction assistance for purposes of any provision of ‘‘(4) Poverty and economic pressures on and Development in its World Development law limiting assistance to a country. many developing countries, including the Report; and ‘‘(B) ADDITIONAL REQUIREMENT.—The au- burden of official debts, has promoted ineffi- ‘‘(B) a country that contains at least one thority of this section may be exercised not- cient, unsustainable over-exploitation of coral reef or other coastal marine resource withstanding section 620(r) of this Act or sec- coral reefs and other coastal marine re- that is of conservation concern. tion 321 of the International Development sources, while also denying necessary funds ‘‘(8) ELIGIBLE COUNTRY.—The term ‘eligible and Food Assistance Act of 1975. to protection efforts. country’ means a country designated by the ‘‘(b) IMPLEMENTATION OF DEBT REDUC- ‘‘(5) Reduction of official, government-to- President in accordance with section 905. TION.— government debts can help reduce economic ‘‘(9) CORAL REEF AND OTHER COASTAL MA- ‘‘(1) IN GENERAL.—Any debt reduction pur- pressures for over-exploitation of coral reefs RINE RESOURCES AGREEMENT.—The term suant to subsection (a) shall be accomplished and other coastal marine resources and can ‘Coral Reef and Other Coastal Marine Re- at the direction of the Facility by the ex- mobilize additional resources for their pro- sources Agreement’ or ‘Agreement’ means an change of a new obligation for obligations of tection. Coral Reef and Other Coastal Marine Re- the type referred to in subsection (a) out- ‘‘(b) PURPOSES.—The purposes of this part sources Agreement as provided for in section standing as of the date specified in sub- are— 908. section (a)(1). ‘‘(1) to recognize the values received by ‘‘(10) CORAL REEF AND OTHER COASTAL MA- ‘‘(2) EXCHANGE OF OBLIGATIONS.— United States citizens from protection of RINE RESOURCES FACILITY.—The term ‘Coral ‘‘(A) IN GENERAL.—The Facility shall no- coral reefs and other coastal marine re- Reef and Other Coastal Marine Resources tify the United States Agency for Inter- sources; Facility’ or ‘Facility’ means the Coral Reef national Development of an agreement en- ‘‘(2) to facilitate greater protection of re- and Other Coastal Marine Resources Facility tered into under paragraph (1) with an eligi- maining coral reefs and other coastal marine established in the Department of the Treas- ble country to exchange a new obligation for resources, and the recovery of damaged ury by section 904. outstanding obligations.

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.024 pfrm04 PsN: H16PT1 H6800 CONGRESSIONAL RECORD — HOUSE October 16, 2001

‘‘(B) ADDITIONAL REQUIREMENT.—At the di- ‘‘(4) TERMS AND CONDITIONS.—Notwith- ‘‘(1) Establishment, restoration, protec- rection of the Facility, the old obligations standing any other provision of law, the tion, and maintenance of parks, protected that are the subject of the agreement shall President shall, in accordance with this sec- areas, and reserves. be canceled and a new debt obligation for the tion, establish the terms and conditions ‘‘(2) Development and implementation of country shall be established relating to the under which loans may be sold, reduced, or scientifically sound systems of natural re- agreement, and the United States Agency for canceled pursuant to this section. source management, including ‘ridgeline to International Development shall make an ‘‘(5) ADMINISTRATION.— reef’ and ecosystem management practices. adjustment in its accounts to reflect the ‘‘(A) IN GENERAL.—The Facility shall no- ‘‘(3) Training programs to increase the sci- debt reduction. tify the Administrator of the United States entific, technical, and managerial capacities ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.— Agency for International Development of eli- of individuals and organizations involved in The following additional terms and condi- gible purchasers described in paragraph conservation efforts. tions shall apply to the reduction of debt (1)(B) that the President has determined to ‘‘(4) Restoration, protection, or sustainable under subsection (a)(1) in the same manner be eligible under paragraph (1), and shall di- use of diverse marine animal and plant spe- as such terms and conditions apply to the re- rect such agency to carry out the sale, re- cies. duction of debt under section 704(a)(1) of this duction, or cancellation of a loan pursuant ‘‘(5) Development and support of the liveli- Act: to such paragraph. hoods of individuals living near a coral reef ‘‘(1) The provisions relating to repayment ‘‘(B) ADDITIONAL REQUIREMENT.—Such or other coastal marine resource, in a man- of principal under section 705 of this Act. agency shall make an adjustment in its ac- ner consistent with protecting those re- ‘‘(2) The provisions relating to interest on counts to reflect the sale, reduction, or can- sources. new obligations under section 706 of this Act. cellation of such a loan. ‘‘(e) GRANT RECIPIENTS.— ‘‘SEC. 907. AUTHORITY TO ENGAGE IN DEBT-FOR- ‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds ‘‘(1) IN GENERAL.—Grants made from a NATURE SWAPS AND DEBT from the sale, reduction, or cancellation of Fund shall be made to— BUYBACKS. any loan sold, reduced or canceled pursuant ‘‘(A) nongovernmental environmental, for- ‘‘(a) LOANS AND CREDITS ELIGIBLE FOR to this section shall be deposited in the estry, conservation, and indigenous peoples SALE, REDUCTION, OR CANCELLATION.— United States Government account or ac- organizations of, or active in, the beneficiary ‘‘(1) DEBT-FOR-NATURE SWAPS.— counts established for the repayment of such country; ‘‘(A) IN GENERAL.—Notwithstanding any loan. other provision of law, the President may, in ‘‘(B) other appropriate local or regional en- ‘‘SEC. 908. CORAL REEF AND OTHER COASTAL MA- tities of, or active in, the beneficiary coun- accordance with this section, sell to any eli- RINE RESOURCES AGREEMENT. gible purchaser described in subparagraph try; or ‘‘(a) AUTHORITY.— (B) any concessional loans described in sec- ‘‘(C) in exceptional circumstances, the gov- ‘‘(1) IN GENERAL.—The Secretary of State is tion 906(a)(1), or on receipt of payment from ernment of the beneficiary country. authorized, in consultation with other appro- ‘‘(2) PRIORITY.—In providing grants under an eligible purchaser described in subpara- priate officials of the Federal Government, graph (B), reduce or cancel such loans or por- paragraph (1), priority shall be given to to enter into a Coral Reef and Other Coastal projects that are run by nongovernmental tion thereof, only for the purpose of facili- Marine Resources Agreement with any eligi- tating a debt-for-nature swap to support eli- organizations and other private entities and ble country concerning the operation and use that involve local communities in their plan- gible activities described in section 908(d). of the Fund for that country. ‘‘(B) ELIGIBLE PURCHASER DESCRIBED.—A ning and execution. ‘‘(2) CONSULTATION.—In the negotiation of ‘‘(f) REVIEW OF LARGER GRANTS.—Any loan may be sold, reduced, or canceled under such an Agreement, the Secretary shall con- grant of more than $100,000 from a Fund shall subparagraph (A) only to a purchaser who sult with the Board in accordance with sec- be subject to veto by the Government of the presents plans satisfactory to the President tion 910. United States or the government of the bene- for using the loan for the purpose of engag- ‘‘(b) CONTENTS OF AGREEMENT.—The re- ficiary country. ing in debt-for-nature swaps to support eligi- quirements contained in section 708(b) of this ‘‘(g) ELIGIBILITY CRITERIA.—In the event ble activities described in section 908(d). Act (relating to contents of an agreement) that a country ceases to meet the eligibility ‘‘(C) CONSULTATION REQUIREMENT.—Before shall apply to an Agreement in the same requirements set forth in section 905(a), as the sale under subparagraph (A) to any eligi- manner as such requirements apply to an determined by the President pursuant to sec- ble purchaser described in subparagraph (B), Americas Framework Agreement. tion 905(b), then grants from the Fund for or any reduction or cancellation under such ‘‘(c) ADMINISTERING BODY.— that country may only be made to non- subparagraph (A), of any loan made to an eli- ‘‘(1) IN GENERAL.—Amounts disbursed from governmental organizations until such time gible country, the President shall consult the Fund in each beneficiary country shall as the President determines that such coun- with the country concerning the amount of be administered by a body constituted under try meets the eligibility requirements set loans to be sold, reduced, or canceled and the laws of that country. forth in section 905(a). their uses for debt-for-nature swaps to sup- ‘‘(2) COMPOSITION.— ‘‘SEC. 909. CORAL REEF AND OTHER COASTAL MA- port eligible activities described in section ‘‘(A) IN GENERAL.—The administering body RINE RESOURCES FUND. 908(d). shall consist of— ‘‘(a) ESTABLISHMENT.—Each beneficiary ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) one or more individuals appointed by country that enters into a Coral Reef and For the cost (as defined in section 502(5) of the United States Government; Other Coastal Marine Resources Agreement the Federal Credit Reform Act of 1990) for ‘‘(ii) one or more individuals appointed by under section 908 shall be required to estab- the reduction of any debt pursuant to sub- the government of the beneficiary country; lish a Coral Reef and Other Coastal Marine paragraph (A), amounts authorized to be ap- and Resources Fund to receive payments of in- propriated under section 906(a)(2) shall be ‘‘(iii) individuals who represent a broad terest on new obligations undertaken by the made available for such reduction of debt range of— beneficiary country under this part. pursuant to subparagraph (A). ‘‘(I) environmental non-governmental or- ‘‘(b) REQUIREMENTS RELATING TO OPER- ‘‘(2) DEBT BUYBACKS.—Notwithstanding any ganizations of, or active in, the beneficiary ATION OF FUND.—The following terms and other provision of law, the President may, in country; conditions shall apply to the Fund in the accordance with this section, sell to any eli- ‘‘(II) local community development non- same manner as such terms as conditions gible country any concessional loans de- governmental organizations of the bene- apply to an Enterprise for the Americas scribed in section 906(a)(1), or on receipt of ficiary country; and Fund under section 707 of this Act: payment from an eligible purchaser de- ‘‘(III) scientific, academic, or forestry or- ‘‘(1) The provision relating to deposits scribed in paragraph (1)(B), reduce or cancel ganizations of the beneficiary country. under subsection (b) of such section. such loans or portion thereof, only for the ‘‘(B) ADDITIONAL REQUIREMENT.—A major- ‘‘(2) The provision relating to investments purpose of facilitating a debt buyback by an ity of the members of the administering under subsection (c) of such section. eligible country of its own qualified debt, body shall be individuals described in sub- ‘‘(3) The provision relating to disburse- only if the eligible country uses an addi- paragraph (A)(iii). ments under subsection (d) of such section. tional amount of the local currency of the el- ‘‘(3) RESPONSIBILITIES.—The requirements ‘‘SEC. 910. BOARD. igible country, equal to not less than the les- contained in section 708(c)(3) of this Act (re- ‘‘(a) ENTERPRISE FOR THE AMERICAS sor of 40 percent of the price paid for such lating to responsibilities of the admin- BOARD.—The Enterprise for the Americas debt by such eligible country, or the dif- istering body) shall apply to an admin- Board established under section 610(a) of the ference between the price paid for such debt istering body described in paragraph (1) in Agricultural Trade Development and Assist- and the face value of such debt, to support the same manner as such requirements apply ance Act of 1954 (7 U.S.C. 1738i(a)) shall, in eligible activities described in section 908(d). to an administering body described in sec- addition to carrying out the responsibilities ‘‘(3) LIMITATION.—The authority provided tion 708(c)(1) of this Act. of the Board under section 610(c) of such Act, by paragraphs (1) and (2) shall be available ‘‘(d) ELIGIBLE ACTIVITIES.—Amounts depos- carry out the duties described in subsection only to the extent that appropriations for ited in a Fund shall be used only to provide (c) of this section for the purposes of this the cost (as defined in section 502(5) of the grants to conserve, maintain, and restore the part. Federal Credit Reform Act of 1990) of the coral reefs and other coastal marine re- ‘‘(b) MEMBERSHIP.— modification of any debt pursuant to such sources in the beneficiary country, through ‘‘(1) INITIAL MEMBERSHIP.—Of the six mem- paragraphs are made in advance. one or more of the following activities: bers of the Enterprise for the Americas

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.009 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6801 Board appointed by the President under sec- from California (Mr. LANTOS) each will bers of the Enterprise for America’s tion 610(b)(1)(A) of the Agricultural Trade control 20 minutes. board and charged with the oversight Development and Assistance Act of 1954 (7 The Chair recognizes the gentleman of these programs. U.S.C. 1738i(b)(1)(A)), at least one shall be a from Illinois (Mr. HYDE). In closing, I wish to commend the representative of the Department of State, at least one shall be a representative of the GENERAL LEAVE distinguished gentleman from Illinois Department of the Treasury, and at least one Mr. HYDE. Madam Speaker, I ask (Mr. KIRK) for his leadership, vision, shall be a representative of the Inter-Amer- unanimous consent that all Members and dedication in promoting and ex- ican Foundation. may have 5 legislative days within panding conservation efforts in the de- ‘‘(2) ADDITIONAL MEMBERSHIP.—The Enter- which to revise and extend their re- veloping world. I urge all my col- prise for the Americas Board shall be com- marks and include extraneous material leagues to support H.R. 2272. posed of an additional four members ap- on the bill under consideration. I congratulate and appreciate the op- pointed by the President as follows: portunity to work with the gentleman ‘‘(A) Two representatives from the United The SPEAKER pro tempore. Is there from California (Mr. LANTOS) on this States Government, including a representa- objection to the request of the gen- tive of the National Oceanographic and At- tleman from Illinois? bill, as well as all bills. mospheric Administration (NOAA) and a rep- There was no objection. Madam Speaker, I reserve the bal- resentative of the United States Geological Mr. HYDE. Madam Speaker, I yield ance of my time. Survey (USGS). myself such time as I may consume. Mr. LANTOS. Madam Speaker, I ‘‘(B) Two representatives from private non- I am pleased that the House is con- yield myself such time as I may con- governmental environmental, scientific, for- sidering H.R. 2272, the Coral Reef and sume. estry, or academic organizations with experi- Coastal Marine Conservation Act of Madam Speaker, I rise in strong sup- ence and expertise in preservation, mainte- 2001, a bill introduced by the gen- port of H.R. 2272. First, I would like to nance, sustainable uses, and restoration of commend our colleague, the gentleman coral reefs and other coastal marine re- tleman from Illinois (Mr. KIRK) and co- sources. sponsored by the distinguished chair- from Illinois (Mr. KIRK), for intro- ‘‘(c) DUTIES.—The duties described in this man emeritus of the Committee on ducing this important piece of legisla- subsection are as follows: International Relations, the gentleman tion; our colleague, the gentleman ‘‘(1) Advise the Secretary of State on the from New York (Mr. GILMAN); the gen- from American Samoa (Mr. negotiations of Coral Reef and Other Coastal tleman from New Jersey (Mr. SMITH), FALEOMAVAEGA) for his leadership on Marine Resources Agreements. this issue; and the gentleman from Illi- ‘‘(2) Ensure, in consultation with— the vice chairman, and the gentleman nois (Chairman HYDE) for moving the ‘‘(A) the government of the beneficiary from American Samoa (Mr. country; FALEOMAVAEGA). bill so expeditiously through the legis- ‘‘(B) nongovernmental organizations of the Mr. Speaker, H.R. 2272 authorizes $10 lative process. beneficiary country; million for each of the fiscal years 2002 Madam Speaker, H.R. 2272 will help ‘‘(C) nongovernmental organizations of the through 2005 to build upon the environ- provide vital protection to valuable region (if appropriate); mental and conservation programs of coral reefs and coastal marine re- ‘‘(D) environmental, scientific, oceano- the Enterprise for the Americas Initia- sources around the globe. The bill pro- graphic, and academic leaders of the bene- tive and the Tropical Forest Conserva- vides significant funding for the ad- ficiary country; and ministration to pursue actively debt ‘‘(E) environmental, scientific, oceano- tion Act that was recently marked up graphic, and academic leaders of the region by the Committee on International Re- swaps, buy-backs, and reduction and (as appropriate), lations, passed by Congress, and en- restructuring with developing nations that a suitable administering body is identi- acted into law by the President. in return for concrete efforts to protect fied for each Fund. In simple terms, Madam Speaker, the coral reefs and sensitive coastal ma- ‘‘(3) Review the programs, operations, and Coral Reef and Coastal Marine Con- rine environments. fiscal audits of each administering body. servation Act helps to protect the Coral reefs and coastal marine envi- ‘‘SEC. 911. CONSULTATIONS WITH THE CON- world’s dwindling coral reefs through ronments provide a host of significant GRESS. benefits to mankind. They harbor a ‘‘The President shall consult with the ap- debt-for-nature swaps, debt buy-backs, propriate congressional committees on a or debt restructuring instruments. major share of the world’s marine biological diversity, and act as vital nurs- periodic basis to review the operation of the b 1500 Facility under this part and the eligibility of eries and seeding grounds for many countries for benefits from the Facility This successful program, which is sensitive deep sea species. They also under this part. modeled on former President Bush’s in- provide the foundation for critical eco- ‘‘SEC. 912. ANNUAL REPORTS TO THE CONGRESS. novative Enterprise for the Americas nomic, social, and cultural activities of ‘‘(a) IN GENERAL.—Not later than Decem- initiative, is another creative example almost immeasurable value. ber 31 of each year, the President shall pre- of how we can address developing coun- Coral reefs are extremely sensitive pare and transmit to the Congress an annual try debt while helping to protect our report concerning the operation of the Facil- marine treasures. The shocking reports ity for the prior fiscal year. Such report planet’s environment. of massive coral bleaching that has oc- shall include— Madam Speaker, this bill gives the curred around the globe in recent years ‘‘(1) a description of the activities under- President the authority to reduce cer- should serve as a wake-up call for all of taken by the Facility during the previous tain forms of debt owed to the United us. Urgent action is needed to help fiscal year; States in exchange for the deposit by mitigate the contributions that human ‘‘(2) a description of any Agreement en- eligible developing countries of local activities are making to this problem. tered into under this part; currencies in a coral reef facility to Our bill provides just the kind of in- ‘‘(3) a report on any Funds that have been preserve, restore, and maintain coral telligent, targeted, and mutually bene- established under this part and on the operations of such Funds; and reefs throughout the developing world. ficial assistance that is required; and I ‘‘(4) a description of any grants that have These funds are used by qualified urge all of our colleagues to support been provided by administering bodies pursu- non-governmental organizations work- H.R. 2272. ant to Agreements under this part. ing to preserve the world’s most endan- Madam Speaker, I reserve the bal- ‘‘(b) SUPPLEMENTAL VIEWS IN ANNUAL RE- gered coral reefs. ance of my time. PORT.—Not later than December 15 of each This program is overseen by a board Mr. HYDE. Madam Speaker, I yield year, each member of the Board shall be en- of directors in the United States that such time as he may consume to the titled to receive a copy of the report required under subsection (a). Each member of the is comprised of U.S. public and private learned gentleman from Illinois (Mr. Board may prepare and submit supplemental officials; and the board, in turn, annu- KIRK). views to the President on the implementa- ally reports to Congress on the Mr. KIRK. Madam Speaker, I thank tion of this part by December 31 for inclusion progress made to implement the pro- the gentleman for yielding time to me; in the annual report when it is transmitted gram’s objectives. and I also thank our ranking Democrat to Congress pursuant to this section.’’. I am pleased that key U.S. Govern- member, leader, and original cosponsor The SPEAKER pro tempore. Pursu- ment agencies, including the State and of this legislation, the gentleman from ant to the rule, the gentleman from Il- Treasury Departments, as well as the California (Mr. LANTOS); the gentleman linois (Mr. HYDE) and the gentleman Inter-American Foundation, are mem- from New York (Mr. GILMAN); and the

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.009 pfrm04 PsN: H16PT1 H6802 CONGRESSIONAL RECORD — HOUSE October 16, 2001 gentleman from American Samoa (Mr. est priority in a developing country. It highly at risk. Symptoms include the FALEOMAVAEGA) for helping out on this will reduce debt by investing locally in loss of coral diversity, an increased crucial piece of legislation. programs that will strengthen indige- abundance of algae, an increased fre- I also want to thank one of the intel- nous economies by creating long-term quency in outbreaks of coral bleaching lectual authors of this legislation, the management policies that will preserve and other diseases, such as black band gentleman from Ohio (Mr. PORTMAN), the natural resources upon which local disease. for his leadership on the debt-for-na- commerce is based. Scientists and managers still lack ture swap initiative. The Tropical Forest Conservation critical information about the causes, The Coral Reef and Coastal Marine Act has set a path for debt-for-nature but evidence suggests that a variety of Conservation Act of 2001 will credit swaps, and the United States has an human forces, including shoreline de- qualified developing nations for each important role to play in assisting in velopment, increased sediments and dollar spent on a comprehensive reef the protection of the world’s natural pollutants in the water, ship preservation or management program resources. This bill extends the support groundings, and overfishing, including designed to protect these unique eco- from forests to the oceans, and critical destructive fishing practices such as systems from degradation. This bill countries like Jamaica, Belize, Domin- the use of dynamite and cyanide, have builds on the model of the Tropical ican Republic, the Philippines, and all contributed to the decline of Forest Conservation Act, expanding it Thailand could benefit from this legis- healthy coral reef ecosystems. to include coral reefs. lation. Madam Speaker, the destruction of Madam Speaker, it is said that coral I urge all of my colleagues to support coral reefs is particularly profound in reefs are the rainforests of the ocean. the legislation and take an important developing nations in the tropics. Leg- Although they occupy less than one- step to helping preserve one of the islation before us addresses this prob- quarter of 1 percent of the marine envi- world’s largest, most precious, and lem, and is specifically targeted to en- ronment, coral reefs are home to more most threatened resources. courage coral reef resource protection than one-quarter of all known marine Mr. LANTOS. Madam Speaker, I am in these developing countries. fish species. pleased to yield 3 minutes to my good By authorizing the administration to Coral reefs are among the most bio- friend and colleague, the gentleman sell, reduce, or cancel loans owed by logically rich ecosystems on Earth. from American Samoa (Mr. these nations to the United States in About 4,000 species of fish and 800 spe- FALEOMAVAEGA), one of the leaders in an amount equivalent to what these cies of reef-building corals have al- this field of legislation. countries spend on coral conservation ready been identified. However, sci- (Mr. FALEOMAVAEGA asked and programs, we promote the economic entists have barely begun to catalogue was given permission to revise and ex- growth while significantly enhancing the total number of species found with- tend his remarks.) international efforts to protect and rein these habitats. Their scientific value Mr. FALEOMAVAEGA. Madam store coral reefs and coastal marine re- cannot be underestimated. Yet, they Speaker, I rise in strong support of this sources. are disappearing at an alarming rate. bipartisan bill, which enhances inter- Madam Speaker, this is a very worth- According to a 1998 study conducted national efforts to protect critical while initiative and piece of legisla- by the United Nations and various coral reef habitats, and commend the tion. I again commend my good friend, international environmental organiza- author, my good friend, the gentleman the gentleman from Illinois, for his au- tions, 58 percent of the world’s reefs from Illinois, and also the gentleman thorship of this bill; and I strongly are potentially threatened by human from Ohio (Mr. PORTMAN), for intro- urge my colleagues to support this activity. These activities include ducing this piece of legislation. piece of legislation. coastal development, overfishing, ma- I say this especially because one does Mr. LANTOS. Madam Speaker, I am rine pollution, and runoff from inland not have to come from an island to pleased to yield 4 minutes to my good deforestation and farming. have a sense of appreciation what coral friend, the gentleman from Oregon (Mr. More than one-quarter of the world’s reefs are all about. I know there are a BLUMENAUER), an indefatigable guard- reefs are at risk. Predictions made in lot of reefs in Illinois and Ohio. But ian of the environment. 1992 were that 10 to 20 years from now, certainly, I want to really commend Mr. BLUMENAUER. Madam Speaker, another 30 percent of the world’s coral not only our chairman of the Com- I thank the gentleman for yielding reefs could be effectively destroyed, mittee on International Relations, but time to me. I appreciate his courtesy adding to the 10 percent that already also our ranking senior Democratic and leadership, as with our chair of the were destroyed. member, the gentleman from Cali- full committee, and my colleague, the While these numbers sound alarmist, fornia (Mr. LANTOS), for their leader- gentleman from Illinois (Mr. KIRK). figures today show that they are con- ship in bringing this measure to the Madam Speaker, I think it is impor- servative. Most Caribbean and South floor. Indeed, I am honored to be an tant that we take a step back and look Pacific mangroves have disappeared, original cosponsor of this legislation. at this legislation today because as we while India, Southeast Asia, and West Madam Speaker, coral reefs and the have heard, there is a crying need for Africa have each lost about one-half of marine life they support are the this type of protection. their mangroves. world’s most biologically diverse ma- Coral reefs are indeed among the Almost a half a billion people, 8 per- rine ecosystems. Yet, it is only re- most diverse and productive commu- cent of the world’s population, live cently we have begun to appreciate nities on our world. They are home to within 100 kilometers of a coral reef. A how important coral reefs are to local, nearly a quarter of all marine plants decline in the health of coral reefs has regional, and national interests, espe- and animals. implications for the lives of millions of cially the economies of several coun- We have heard a lot of numbers here people who depend upon them. tries. on the floor today, but there are nearly The burden of foreign debt falls espe- For example, coral reefs provide fish- 1 million species of fish, crab, eel, cially hard on the smallest nations, eries for food and raw materials for sponges, worms, grasses, all of these such as island nations in the Caribbean new medicines and pharmaceuticals. organisms that live on the reefs or de- and Pacific. With few natural re- Tourism and recreation flourish along pend directly on them. sources, these nations often resort to coral reef tracts and provide jobs and We find that the coral provides a nat- harvesting or otherwise exploiting real income for coastal residents. They ural filtration system for seawater. It, coral reefs and other marine habitats also provide effective shore protection, as we have heard, protects coastal to earn hard currency to service for- shielding coastal communities and har- landscapes, maintaining coastal qual- eign debt. At least 40 countries lack bors from violent storms and erosion. ity of water. There are millions of peo- any marine protected areas for their Yet, because corals depend on light ple on the coastal areas who receive coral reef systems. and require clear water for growth, important protections from storms, This legislation will make available they are remarkably fragile. Recent wave damage, and erosion, to say noth- resources for environmental steward- evidence indicates that coral reefs are ing of economic opportunities dealing ship that would otherwise be the low- deteriorating worldwide, and many are with fishing and tourism.

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.027 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6803 Madam Speaker, we have heard each The SPEAKER pro tempore (Mrs. While government deserves some speaker use slightly different statistics BIGGERT). The question is on the mo- credit for helping create the techno- to talk about the alarming rate of de- tion offered by the gentleman from Illi- logical infrastructure of the new dig- struction. Sadly, all of the information nois (Mr. HYDE) that the House suspend ital economy, government regulation we have received is true. There may be the rules and pass the bill, H.R. 2272, as and taxation threaten to impede its different statistics, but they are all amended. tremendous commercial potential. bad. We have more than 10 percent of The question was taken. In 1998, Congress passed the Internet the inventory of coral reefs already de- The SPEAKER pro tempore. In the Tax Freedom Act to facilitate the com- stroyed; and if we take the big view, opinion of the Chair, two-thirds of mercial development of the Internet. because what we are doing today in the those present have voted in the affirm- Contrary to widely held impressions, United States and around the world, we ative. the Internet Tax Freedom Act does not are taking steps that are going to have Mr. HYDE. Madam Speaker, on that specifically exempt Internet retailers a profound impact over the next gen- I demand the yeas and nays. from collecting and remitting all sales eration, and 70 percent of the coral The yeas and nays were ordered. taxes. Rather, it prohibits States from reefs at risk could be gone in the next The SPEAKER pro tempore. Pursu- imposing multiple and discriminatory 40 years. ant to clause 8 of rule XX and the taxes on electronic commerce and Madam Speaker, the legislation be- Chair’s prior announcement, further shields consumers from new Internet fore us is an important extension of the proceedings on this motion will be access taxes. These limited protections protections that we have had for the postponed. will expire on October 21, less than a rain forests. It will provide the admin- f week from today. istration to be able to actively pursue Introduced by the gentleman from debt swaps and buy-backs. It is going INTERNET TAX California (Mr. COX), who also authored to help give those developing countries NONDISCRIMINATION ACT the Internet Tax Freedom Act, H.R. the tools that they need and would oth- Mr. SENSENBRENNER. Madam 1552 extends the ban on new Internet erwise not be available. Speaker, I move to suspend the rules access taxes and on all multiple and But we on this floor ought to be clear and pass the bill (H.R. 1552) to extend discriminatory taxes on electronic that this is just the beginning, because the moratorium enacted by the Inter- commerce. The Subcommittee on Com- we are in a situation now where we are net Tax Freedom Act through 2006, and mercial and Administrative Law has in the United States only investing $1 for other purposes, as amended. conducted a number of Internet tax in oceanographic research for every $13 The Clerk read as follows: hearings this Congress, and I commend that we put in outer space, when the H.R. 1552 the subcommittee chairman, the gen- world’s fishery industry are now cost- Be it enacted by the Senate and House of Rep- tleman from Georgia (Mr. BARR), for ing $1.33 to harvest each $1 of fish, pro- resentatives of the United States of America in his thorough and balanced consider- ducing dramatic overharvest, and we Congress assembled, ation of this issue. are going to have to step up and put se- SECTION 1. SHORT TITLE. The version of H.R. 1552 reported by rious money on the table, negotiate se- This Act may be cited as the ‘‘Internet Tax the Committee on the Judiciary pre- rious trade agreements, to provide for Nondiscrimination Act’’. serves the protections contained in the the protection of these important re- SEC. 2. EXTENSION OF INTERNET TAX FREEDOM Internet Tax Freedom Act until No- sources. ACT MORATORIUM. vember 1, 2003. Renewal of these provi- Madam Speaker, I think this legisla- Section 1101(a) of the Internet Tax Free- sions for 2 years represents a com- dom Act (47 U.S.C. 151 note) is amended by tion is important. It is a step in the striking ‘‘3 years after the date of the enact- promise approach that simply main- right direction. It is relatively pain- ment of this Act’’ and inserting ‘‘on Novem- tains the existing moratorium on less. But I do hope we in this Congress ber 1, 2003’’. Internet taxes. A 2-year renewal also will be willing to do our part, because The SPEAKER pro tempore. Pursu- provides the best legislative vehicle for the stakes are high. We are going to ant to the rule, the gentleman from getting an Internet tax extension bill to the President before its imminent have to do more, and we are going to Wisconsin (Mr. SENSENBRENNER) and have to do it soon. the gentleman from Massachusetts expiration. If H.R. 1552 is not passed, Internet (Mr. DELAHUNT) each will control 20 b 1515 commerce will be subject to State and minutes. Mr. LANTOS. Madam Speaker, I local taxes in more than 7,500 taxing The Chair recognizes the gentleman yield myself such time as I may con- jurisdictions. As Chief Justice John from Wisconsin (Mr. SENSENBRENNER). sume. Marshall recognized over 200 years ago, Before yielding back our time, I just GENERAL LEAVE the ‘‘power to tax involves the power would like to make an observation. It Mr. SENSENBRENNER. Madam to destroy.’’ Failure to extend the mor- speaks to the strength of this body and Speaker, I ask unanimous consent that atorium may result in the imposition this Nation that in the midst of a war all Members may have 5 legislative of a complex web of taxes that would we take time to pass important envi- days within which to revise and extend destroy the viability of this critical ronmental legislation, as we are about their remarks and include extraneous medium at a time the technology in- to do; that we have taken time to rec- material on H.R. 1552, the bill under dustry and broader economy can least ognize the historic continuity of the consideration. afford it. friendship between two democracies, The SPEAKER pro tempore. Is there Recent events have only underlined Australia and the United States; and objection to the request of the gen- the fragility of the technology sector. that we have had the creativity and tleman from Wisconsin? Information technology companies courage to move with respect to Paki- There was no objection. have been buffeted by falling stock stan as it aligned itself with the United Mr. SENSENBRENNER. Madam prices and signs of a deepening eco- States in the fight against terrorism. Speaker, I yield myself such time as I nomic downturn. The last thing these This is a fine day for Congress and may consume. companies need is more uncertainty, for the American people, and it is a Madam Speaker, I rise in support of and passage of H.R. 1552 will provide a message to our enemies that we shall H.R. 1552, the Internet Tax Non- measure of stability during this turbu- prevail. discrimination Act. Over the last sev- lent period. Madam Speaker, I yield back the bal- eral years, the Internet has revolution- Last year, the House overwhelmingly ance of our time. ized commerce in a manner few could passed an extension of the Internet tax Mr. HYDE. Madam Speaker, I should have imagined. The Internet has ex- moratorium by a vote of 352 to 75, but very much like to associate myself panded consumer choices, enhanced this measure did not receive a vote with the trenchant remarks of the gen- competition and enabled individuals, from the other body. This year there is tleman from California (Mr. LANTOS). as well as brick and mortar retailers, no time to delay, and I urge support of Madam Speaker, having no more to avail themselves of a national mar- the bill. speakers, I yield back the balance of ketplace once reserved to a privileged Madam Speaker, I reserve the bal- our time. few. ance of my time.

VerDate 11-MAY-2000 04:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.028 pfrm04 PsN: H16PT1 H6804 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Mr. DELAHUNT. Madam Speaker, I ples, my home State of Massachusetts gether, and stand up for main street yield myself such time as I may con- will lose $200 million this year, with America because fairness requires that sume. losses climbing to approximately $830 remote sellers collect and pay the same Madam Speaker, the bill we are con- million by 2011. Florida, which relies taxes that our friends and neighbors on sidering today is clearly a substantial on the sales tax for some 57 percent of main street have to collect and pay.’’ its annual revenues, will lose some $930 improvement over the original pro- b 1530 posal considered last week by the million this year with its losses 5 years House Committee on the Judiciary. from now exceeding some $3 billion. Former Senator Slade Gorton of That bill would have proposed a perma- Texas will lose over $1 billion this year Washington was right when several nent moratorium on Internet access and a staggering $4 billion in the year years ago he said, and again I am fees and a 5-year moratorium on so- 2006. These losses are magnifying the quoting the Senator, ‘‘We kicked this called multiple and discriminatory fiscal problems the States are already down the road in 1998 when we should taxes on the Internet. experiencing because of the economic have debated it and resolved things. During the course of our proceedings, slow down. What we don’t need is another exten- an amendment, which I cosponsored In March, The Washington Post re- sion. We should come back next year along with the gentleman from Ala- ported that the States’ fiscal outlooks before the current moratorium expires and deal with these issues.’’ bama (Mr. BACHUS) and the gentleman having been hammered by a combina- So I say, Madam Speaker, it is time from North Carolina (Mr. WATT), the tion of spiralling Medicaid costs and that we respect the States and the con- ranking member of the subcommittee, the forecast of lower State revenues cept of Federalism that used to be in did prevail in committee and reduced from all sources, including personal in- vogue in this body some time ago but the duration of the moratorium to 2 come, corporate and sales taxes. One seems to have fallen out of fashion, un- years in both cases. can only imagine what the con- fortunately. Despite our failure to as- My own preference would have been sequences of the events of September 11 sist them in their efforts, the States to continue the moratorium only to will mean to State balance sheets. But have met their end of the bargain. By June 30 of 2002 as proposed in recent I did notice where the Governor in their own initiative, they have formed legislation filed by Senators DORGAN, Michigan, Governor Engler was quoted the 30–State Streamlined Sales Tax BREAUX, and HUTCHISON of Texas to just last week saying, and again these are his words, ‘‘Our economies were Project. Twenty States have adopted hopefully solve the real problem. model legislation that authorizes them It is important to note, Madam weak beforehand, and now they are to create a uniform simplified sales- Speaker, that much of the discussion of quite shaky.’’ End of quote. and-use tax system, and a majority of this issue has been misleading. Some Well, what does this really mean to the States will likely be on board with- have suggested that those in favor of a the States? They will either have to in the year. They understand that the moratorium of short duration somehow curtail basic services such as police, fire protection, and education or raise longer the issue is unresolved, the support taxing the Internet. more serious the economic situation Well, let us be clear once and for all. income taxes, raise property taxes, will become. Small businesses will be I am not aware of any Member of this raise corporate taxes or find some filing for bankruptcy and State and body on either side of the aisle who fa- other revenue source to meet their ob- local governments will confront a se- vors or supports a tax or a fee on ac- ligations. I find it fascinating that there seems vere fiscal crisis. cessing the Internet to sell or purchase to be strong bipartisan agreement on a It is time for us to meet our responsi- anything. To my knowledge, that posi- $2.50 increase per ticket to finance air- bility. It is time for us to enact legislation is shared by the governors and port and airway safety. By the way, tion giving the States the authority to State legislatures of all 50 States. Gov- that new tax will be collected whether implement the streamlined and sim- ernors in State legislatures do not the ticket is purchased over the plified system, which would enable re- want to tax the Internet. Let me say counter, or over the Internet. But mote sellers to collect and remit sales that again, Madam Speaker. They do there is no such consensus to help the taxes without burdening the Internet not want to tax the Internet. They sim- States fund resources critical for po- or interstate commerce. I genuinely ply want to collect the sales taxes that lice, fire, emergency medical respond- believe that the stakeholders, finally, they have been collecting for years. ers, and the public health care facili- on all sides of the issue are ready to Taxes for which they rely upon for ties that were and will be the first remove forward to develop this system; nearly 50 percent of their revenues. sponders if there should be, God forbid, and it is up to us to see it happens be- But they cannot do that any more, another terrorist attack on this coun- fore this extension expires. So, for now, Madam Speaker, because of the United try. I urge support for the bill. States Supreme Court decision which How ironic. And that is not all. By Madam Speaker, I reserve the bal- prohibited a State from collecting failing to act, we are putting at risk ance of my time. sales taxes from out-of-State busi- the thousands of small businesses that Mr. SENSENBRENNER. Madam nesses which do not have a physical sustain our economy. Those main Speaker, I yield 5 minutes to the gen- presence in that State. However, the street merchants in our neighborhoods tleman from California (Mr. COX), the Supreme Court said that Congress and communities who make up the author of the bill. could authorize the State under the local Chambers of Commerce who con- Mr. COX. Madam Speaker, I thank commerce clause to collect those tribute so much to our community. the gentleman for yielding me this taxes, but we have not done so. And the How can they compete where there is time and for the good work of the Com- results of our failure have been dev- no sales tax parity? mittee on the Judiciary in bringing astating. We should not continue to stand by this bill to the floor just in the nick of Let me give some examples. Uncol- while remote sellers enjoy an unfair time; and I thank my colleague, the lected sales taxes on Internet pur- advantage over the so-called brick and gentleman from Massachusetts (Mr. chases are projected to cost the States mortar retailers. One can just imagine DELAHUNT), for his support in the mi- nearly $15 billion in anticipated sales deserted shopping malls and empty nority. tax revenues this year, this year alone. store fronts in the downtowns of Amer- It is vital, with only a few days re- Unless there is a system in place that ican communities. Well, the digital di- maining before the expiration of the 3- enables State and local governments to vide should not be extended to Amer- year-old moratorium on special mul- collect taxes on their sales to in-state ican businesses and those who patron- tiple and discriminatory taxes on the residents, these annual losses from on- ize them. If we do not meet our respon- Internet, that we extend it; that we not line sales will grow to $45 billion by sibilities, we will be creating two class- let a lapse occur. Because, honestly, 2006 and $55 billion by 2011 with total es of American businesses and two my colleagues, if we do that, all hell losses during the 10-year period coming classes of American consumers and no may break loose. And people may then to approximately $440 billion. level playing field for either. ask us, when they are not focused on What does this mean for the indi- As Governor Engler of Michigan said, other issues, where we were and how we vidual States? To take just a few exam- ‘‘It is time to close ranks, come to- let this happen.

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.044 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6805 Back in 1996, when Senator RON Tennessee began to tax Internet ac- son with other legitimate businesses is WYDEN and I first began drafting the cess as an intrastate telecommuni- very important. That is why it is im- Internet Tax Freedom Act, which is cations service. portant that Congress not take an atti- now the law on the books that we are Connecticut began taxing Internet tude of saying we are going to stick seeking to extend, our interest was to access as a data processing service. our head in the sand for any period of ensure that the Internet, which is not Out my way, in Southern California, time, 5 years, 2 years, any amount of just a national but a global medium, the city of San Bernardino began tax- time. not fall victim to the tyranny of the ing Internet access as a teletypewriter I oppose any sort of effort to single parochial. exchange service, a great example of a out the Internet or Internet merchants My colleague, the gentleman from law and regulatory authority on the for taxation, to say we are going to Massachusetts (Mr. DELAHUNT), is ex- books from way before the birth of the have multiple taxes because a business actly right when he says the Governors Internet that was now being inter- does business through the Internet or and the State legislatures are not out preted not by Governors and State leg- discriminatory taxes because they do to tax the Internet. But we should not islators, but by bureaucrats and regu- that. I also oppose singling out mer- kid ourselves, many, many, many spe- lators to impose taxes on the Internet. chants that do not deal through the cial tax districts, utility commissions, Chicago began to tax Internet access Internet; to say that they are going to regulatory agencies, and excise bu- as a lease of tangible personal prop- be paying taxes that others that sell to reaus, 30,000 of them, are lying in wait erty. those same customers are not required ready to pounce. In Texas, the State comptroller who to pay or to collect. The Internet’s global nature, its de- testified before my committee had, at We need a fair tax system when it centralized packet-switched architec- the time of enactment of this law, comes to the Internet. We need a fair ture makes it inherently vulnerable to dropped his plan to tax Internet access tax system when it comes to mer- multiple taxation and special and dis- as a telecom service, but was moving chants that are not using the Internet. criminatory taxation. Even the United forward to tax it as an information That is my concern, that we will hide Nations sought, before we passed this service. our head in the sand rather than ad- legislation, to impose a bit tax, that is The Internet Tax Freedom Act dressing the tough issues. That is why a tax specifically aimed only at elec- stopped all of this activity in its I am pleased that we are not talking tronic commerce, that would tax our e- tracks, and the results have been es- about a 5-year moratorium anymore. mail, the transfer of any file. The more sentially positive. The truth is that We are talking about a bill that is now zeros and ones, the more bits, the high- our whole economy is slowing down on the floor that has been reduced er the tax. This law, which is on the right now, and not the least of all the down to 2 years; and frankly, it is very books and which we are seeking to ex- tech sector. So it is vitally important, possible that the Senate will decide tend, outlawed all of that, certainly at as we seek to put the Nation’s economy that even 2 years is too much. How- least in America; but it also encour- back on its feet, that we not backslide ever, we need to keep things alive by aged the executive branch to show on this wise policy that we adopted 3 moving the legislation; and I support leadership on the national and inter- years ago. that, so that we have an opportunity to national stage to make sure we do not H.R. 1552 is endorsed by a number of grapple with the tough issues that have these exactions on the Internet taxpayer advocates, a number of sound some people do not want to grapple from abroad. The Clinton and Bush ad- economy groups, Americans For Tax with. ministrations have both been superb in Reform, the U.S. Chamber of Com- Now, what are those tough issues? execution of that congressional in- merce, Business Roundtable, the Infor- Well, first, let me mention the Na- struction. mation Technology Association, Soft- tional Governors’ Association, which Before this law was passed 3 years ware and Information Industry Asso- keeps up with what is going on in their ago, here is what was about to happen, ciation, Information Technology Indus- States and all their jurisdictions with- and here is what will happen beginning try Council, American Electronics As- in their States. They tell us there is Sunday night if we do not act: Tacoma, sociation, and so on. But it is also en- nobody about to jump in and do this, to Washington, had required Internet dorsed by the National Conference of create new tax systems. Whatever may service providers to pay a 6 percent State Legislatures and the National have been the situation 5 years ago is gross receipts tax, even for national Association of Counties, because this is not the circumstance today. Most Internet service providers without any not a threat to local government. State legislatures are not even in ses- employees in Tacoma. Tacoma’s law I urge my colleagues’ vote in support sion, and there is certainly a lot of lead also required everyone, even foreign, of this legislation. time with any jurisdiction that might non-U.S. sellers who sold a product Mr. DELAHUNT. Madam Speaker, jump up and say, oh, we want to create over the Internet to a Tacoma resident, may I inquire as to the time remain- an Internet tax mechanism. to pay a $72 annual business fee in that ing. The National Governors’ Association city. The SPEAKER pro tempore (Mrs. has asked us not to take up any mora- Vermont and Texas were moving for- BIGGERT). The gentleman from Massa- torium unless we deal with the under- ward to impose more onerous tax obli- chusetts (Mr. DELAHUNT) has 81⁄2 min- lying issue of what the bill does not gations on merchants who take orders utes remaining, and the gentleman say but what it does, which is to try to via the Internet than the same mer- from Wisconsin (Mr. SENSENBRENNER) chill efforts to have a fair, uniform sys- chants who took orders via the tele- has 111⁄2 minutes remaining. tem regarding sales tax that is fair and phone. Mr. DELAHUNT. Madam Speaker, I nondiscriminatory and simplified and Alabama had classified Internet serv- yield such time as he may consume to uniform for merchants doing business ice as a public utility. The Internet the gentleman from Oklahoma (Mr. in whatever way. That is what the service was going to be a public utility. ISTOOK). States are doing. ISPs were going to have pay the same Mr. ISTOOK. Madam Speaker, the I am pleased that a year ago, when gross receipts tax as Bell South and sky is not falling. On October 21 we are we had a 5-year extension on this floor, local water utilities. not going to be hit by a great rush of two-thirds of this body, two-thirds, ac- Florida had imposed a 7 percent tax jurisdictions saying now we are going tually more than two-thirds of the on the sale of Internet access; but not to impose taxes on the Internet. We are House of Representatives, put in guide- only access, an additional 21⁄2 percent not under an emergency circumstance lines that said we want the States to tax on the gross receipts from any on that. We have many emergencies in work together, we want them to make business on the Internet. It was also al- this country; trying to stop some a compact that says we will have a uni- lowing cities to impose additional tele- unnamed jurisdictions from adopting a form standard, a multi-State compact phone fees on Internet access service, sudden tax is not an emergency. that avoids multiple taxation, that even though telecommunications are However, dealing with the overall simplifies the complicated sales tax the highest taxed legal commodity in issue of drawing the ground rules for systems that have different definitions the country. how the Internet is treated in compari- in different States, so that we will not

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.045 pfrm04 PsN: H16PT1 H6806 CONGRESSIONAL RECORD — HOUSE October 16, 2001 be discriminating across State lines or ation. I also commend the gentleman dited handling of this legislation, and within State lines. That effort is un- from Wisconsin (Mr. SENSENBRENNER) particularly the gentleman from Cali- derway. and the gentleman from Georgia (Mr. fornia (Mr. COX) for his leadership on As has been pointed out by other BARR) for advancing this important this legislation year after year. speakers, there are over 30 States in- legislation through the Committee on This week we have the opportunity volved in the effort, and more expected the Judiciary. to cast two, maybe three votes which to join in. And we expect them to have The Internet Tax Fairness Act of 1998 are so important in this new economy some results to bring back to us before created a moratorium on Internet ac- in support of technology. We will have the 2 years is up, and that is where cess taxes and multiple and discrimina- an opportunity later this week to vote Congress needs to address the issue and tory taxes. As a result of this morato- in favor of the Economic Security and not avoid the issues. rium, the Internet has remained rel- Recovery Act, legislation necessary to Madam Speaker, I think it is impor- atively free from the burdens of new help revitalize the technology sector. tant that we remember that the Con- taxes. However, the moratorium is set Hopefully in the next week or two we gress is not a body of unlimited juris- to expire in 5 days, subjecting the will have an opportunity to vote for diction. The Constitution specifies Internet to possible taxation from the trade promotion authority the where we have authority that relates more than 7,500 taxing jurisdictions. If President has asked for, and today we to interstate commerce and also where the moratorium is permitted to expire, will vote to keep the Internet tax free. the States have authority; that the it will send a signal to each of these Madam Speaker, one of the lessons power not expressly given to the Con- taxing jurisdictions that the Internet that we have learned over the last dec- gress nor denied to it reside with the is fair game for unfair and discrimina- ade, in talking to those involved in the States and the citizens thereof. If all tory taxation. This is a serious threat new economy and those involved in the power to determine the level of State to our efforts to ensure that the Inter- creativity of the technology sector, is and local taxes resides in Washington, net continues to expand and grow. the question: Why has the technology D.C., we remove it from the people in Congress created the Advisory Com- sector created one-third of all new jobs the States. And if we starve out the mission on Electronic Commerce in in the last decade? Why are more than premier tax base that supports schools, 1998 to study Internet taxation and half of American households on-line highways, public safety, public health, submit a report of its findings to Con- today? The answer is simple, govern- the sales tax base of the States; if we gress. In its report, the Commission ment stayed out of the way. We had a either by action or inaction destroy recommended that the Internet tax regulation free, tax free, trade barrier the States’ tax base, we have destroyed moratorium be extended. Following the free new economy to provide a tremen- the power and the authority of the advice of the Commission, the Internet dous amount of opportunity, creating a States, we have destroyed the Federal Tax Nondiscrimination Act will extend new technology sector. This legislation is so important to system, we have shifted power away the current moratorium for 2 years, keep that kind of environment in from the States, away from the com- protecting millions of Internet users place. Let us keep the Internet tax from unfair and discriminatory taxes, munities, away from local citizens, free, and vote to extend the Internet and from taxes on their monthly Inter- away from our neighborhoods; and we tax moratorium for two more years. will have moved it to Washington, D.C. net access charges. Madam Speaker, I rise today in support of These types of taxes are some of the We do not want that. H.R. 1552, The Internet Tax Nondiscrimination most regressive. If we increase the cost That is why we need to address all Act. the issues, not single out one or two of accessing the Internet by charging It is vital that we extend the moratorium as that looks good in a headline so that an access tax, those that will be hit the it is set to expire in five short days. Absent our we can say, ‘‘I voted against taxes,’’ hardest will be those in the lowest inaction today to renew the moratorium, the but also the issues where we say, ‘‘I come brackets, which will widen the floodgates will be open—and our nation’s voted for fairness, I voted to let people digital divide. An increase in the cost 30,000 taxing jurisdictions could once again back home to continue making their of Internet access is a serious impedi- try to lay claim to a piece of the Internet by decisions, that long belong to them,’’ ment to those individuals having ac- imposing special taxes on the Internet. While rather than usurping them. cess to the benefits of the Internet, I support extending the moratorium for 2 more Madam Speaker, it is important that such as on-line education, commerce years I think that a more permanent solution we allow the Senate to address this and communication. is needed. We need to assure Americans that issue, because they have not before; In the words of President Reagan, government will not place special burdens on and moving this legislation will help ‘‘The government’s view of the econ- the new economy. get the Senate involved in the process. omy could be summed up in a few short While the tax moratorium imposed by the But I hope the ultimate result is going phrases: If it moves, tax it. If it keeps 1998 law was only three years in duration, its to be that we in the Congress support a moving, regulate it. If it stops moving, fundamental structure is ideally suited to be uniform streamlined system that is subsidize it.’’ That should not be the extended far beyond this year. Instead of bar- just as fair to the merchants in our model for growth of the Internet. It is ring all Internet taxes, it only bans those taxes communities as it is to the merchants clear if the potential of the Internet is that single out the Internet for special treat- that bring their wares into our homes to be fully realized, we must allow it to ment. Whatever disagreements there might be and businesses through the Internet. continue to flourish by ensuring that on other aspects of the Internet tax debate— That is fair and equal, a level playing the qualities that made the Internet a such as the broader issue of sales taxes— field, as we often say, between mer- revolutionary tool for both business there is clear agreement that the Internet must chants of all types, which says that no and consumers, freedom from burden- never be subject to special multiple or dis- one gets an advantage or a disadvan- some government regulations and tax- criminatory taxes. tage because they use the Internet or ation, remain fundamental components In the past 10 years, the Internet has because they set up a store on the cor- of the Internet for future generations. changed the way the world does business. 17 ner. Madam Speaker, I urge my col- million households shopped online in 2000. leagues to continue to ensure that the Small businesses who use the Internet have b 1545 Internet remains free from restrictive grown 46% faster than those that do not. The Mr. SENSENBRENNER. Madam taxation by joining me in voting for Internet should be tax free and barrier free, Speaker, I yield 3 minutes to the gen- the Internet Tax Nondiscrimination nor should electronic commerce be subject to tleman from Virginia (Mr. GOODLATTE). Act. new, multiple targeted taxes. Mr. GOODLATTE. Madam Speaker, I Mr. DELAHUNT. Madam Speaker, I Much consideration must be taken when- rise today in support of H.R. 1552, the reserve the balance of my time. ever you are considering changing the tax Internet Tax Nondiscrimination Act, Mr. SENSENBRENNER. Madam rules not just for the nation’s economy but for and I commend the gentleman from Speaker, I yield 1 minute to the gen- the global economy. We need to foster contin- California (Mr. COX) for championing tleman from Illinois (Mr. WELLER). ued growth of the Internet and electronic com- this legislation to keep the Internet Mr. WELLER. Madam Speaker, I merce without imposing a burdensome and free from unfair and burdensome tax- commend the chairman for his expe- confusing tax regulations.

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.046 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6807 With time running out, it is critical that we tiple and discriminatory taxes for two years, lems facing us. I urge a ‘‘yes’’ vote on this leg- extend the Internet tax moratorium while con- from 2001 through 2003. islation. tinuing the effort to make the moratorium per- Maintaining the current system allows the Mr. TOM DAVIS of Virginia. Madam Speak- manent. potential for significant financial loss for states er, I rise today as an original sponsor and en- Mr. SENSENBRENNER. Madam and localities. Sales taxes constitute the most thusiastic supporter of H.R. 1552, the Internet Speaker, I yield 2 minutes to the gen- important State and local revenue source, with Tax Nondiscrimination Act. I continue to favor tleman from Texas (Mr. SMITH). the census bureau estimating that nearly one the five-year extension originally contained in Mr. SMITH of Texas. Madam Speak- half of State and local revenues come from this legislation and advocated by the Advisory er, the current moratorium on Internet sales taxes. Projections of increasing online Commission on Electronic Commerce. Such taxation is soon set to expire. Someone sales indicate huge revenue losses for states an extension would ensure predictability and once said that the three greatest dis- and local government. For example, my own foster further innovation. I will support the two coveries of humankind are fire, the state of Michigan is estimated to lose $500 year extension, however, because I believe it wheel, and the integrated circuit. Each million in foregone sales taxes this year under is of paramount importance not to allow the of these discoveries ushered in a new the present system. moratorium to expire. Despite the current era of human development and ad- This inevitably translates into the loss of im- downturn in the economy, the Internet con- vancement. And although the inte- portant funding for quality education, effective tinues to flourish as the most unique and vi- grated circuit is only 50 years old, it public safety, and other basic services. In brant global communication and commercial has changed the world. The integrated Michigan the lost revenue from foregone sales tool. Its important role in our society and econ- circuit and its offspring, the Internet, taxes will cost my state the equivalent of omy continues to expand. have played dominant roles in trans- 100,000 teachers or police officers this year. Yet an ever-present concern plagues many forming our lives for the better. Think of how much we could do to reduce of us who understand the need to foster the Even though America has seen a dra- class sizes, build new schools, improve our Internet’s continued growth: that government matic increase in the number of homes quality of education and protect our streets interference in the electronic marketplace— wired to the Internet, last month the with these funds. whether it be through regulation or tax pol- Department of Commerce released a re- A separate concern is the adverse impact of icy—will create barriers that interfere with the port showing that e-commerce actually the present bifurcated system on poor citizens transformation of the Internet into the reposi- has decreased in the second quarter of and minorities. According to a Commerce De- tory of global communications and commerce this year. partment study, wealthy individuals are 20 for the 21st century. Internet commerce is still relatively times more likely to have Internet access, and Three years ago, we recognized that state new and has yet to reach its full poten- Hispanics and African Americans are far less and local taxation in electronic commerce tial. The imposition of taxes would likely to have such access. This means that would require a thorough analysis before we threaten the future growth of e-com- poor and minorities who only buy locally face could formulate a balanced and restrained fed- merce, would discourage companies a far greater sales tax burden than their coun- eral policy on the taxation of goods and serv- and consumers from using the Internet terparts. Maintaining the present system will ices sold over the Internet. While most of us to conduct business, and would create only serve to perpetuate that disparity. agree that regulation of the Internet would regional and international barriers to Steps are being taken to simplify the sales hinder technological innovation and economic global trade. tax system, such as streamlining the rules and growth, we also understand the legitimate On the other hand, of course, we do regulations of the 7,500 taxing jurisdictions in needs of state and local governments who use need to recognize the legitimate con- the U.S. Thus far, this streamlined tax system sales tax revenue to fund services for their cerns of States that want to have the has 32 states participating in the effort to sim- citizens. Therefore, we enacted a 3-year mor- option of taxing sales. But failure to plify tax rates and definition of taxable goods atorium on Internet access taxes and multiple renew an extended moratorium will and certifying software that will make it easier and discriminatory taxes on goods and serv- tell the high-tech sector of our econ- for retailers and e-tailers. Nineteen states ices sold over the Internet. We also created omy that it is open season for Internet have enacted simplification legislation and an- the Advisory Commission on Electronic Com- taxes and send a message to local and other ten have introduced legislation for con- merce to begin that process and identify all of State tax authorities that new, mul- sideration. the integrated issues that arise in the context tiple, and discriminatory Internet A two-year extension is a far more appro- of taxation and the Internet Economy. In its re- taxes may be imposed. We do not want priate solution than a longer moratorium. port issued in April 2000, the Commission rec- to do that. There is a real risk that extending the morato- ommended, among other things, that the cur- Madam Speaker, it is vital that Con- rium for longer than two years would unduly rent moratorium be extended at that time for gress act quickly to ensure Americans delay this issue and create a situation where another 5 years. that government will not place addi- the states have no incentive to reform their I understand that some of my colleagues tional burdens on the new, fragile econ- laws. This would have the effect of codifying believe the moratorium should not last as long omy. into law the present state tax system which as 5 years and others believe that we have to Mr. DELAHUNT. Madam Speaker, I would force states, who rely on sales tax rev- address this important issue in a comprehen- yield myself such time as I may con- enue, to either raise other taxes or cut basic sive manner. I wholeheartedly agree with the sume. services. latter concern—this issue needs to be re- Madam Speaker, let me conclude by A shorter extension would allow the States solved in a methodical and holistic manner. saying I look forward to working with to continue the very serious steps they have But we need to implement a realistic time the chairman of the committee, as well already taken to reform and simplify their laws. frame that will allow us to resolve each and as the gentleman from Texas, in deal- Then we could consider whether we should every layer of the problems presented by taxing with both issues here, keeping the approve any interstate process effectuating ation in a digital world. Internet tax free and at the same time these simplification efforts. If the States are As I noted during House consideration of providing those options to the States not making any progress by the end of such this legislation last year, this problem cannot so they can meet their fundamental re- a moratorium, it would be a simple matter to be about politics. This is not a zero-sum equa- sponsibilities. extend the moratorium for an additional period tion, and it’s important for the health of our As I indicated earlier, and I believe of time. economy that we resolve this complicated the gentleman from Texas was present A long extended moratorium is opposed by issue with deliberative evaluation. This is one in the Chamber at the time, we have a the National Governors Association—which of the most important long-term economic pol- real problem, his home State being one sent a letter signed by 44 Governors, including icy decisions that our nation will make, and I in particular, where this year it is an- 22 Republican Governors, by organized labor want to congratulate my colleagues, Chairman ticipated that in excess of $1 billion (through the AFL–CIO, NEA, AFT, and SENSENBRENNER and Congressman COX for will be lost to that particular State in AFSCME) and by business (through the Na- their steadfast leadership in ensuring that we terms of anticipated sales tax revenue. tional Retail Federation, Wal-Mart, Sears, resolve this issue before the October 21st ex- Mr. CONYERS. Madam Speaker, I rise in Home Depot, and K–Mart). piration of the current moratorium. I urge all of support of H.R. 1552, ‘‘The Internet Tax Non- A two-year extension will give Congress the my colleagues to support H.R. 1552 and look discrimination Act’’ which extends the present opportunity to work together on a bipartisan forward to continued efforts to address the moratorium on Internet access taxes and mul- basis to solve the larger simplification prob- substantive issues in this debate.

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A16OC7.018 pfrm04 PsN: H16PT1 H6808 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Ms. JACKSON-LEE of Texas. I would like to Furthermore, enacting the previously sug- grants to ensure increased account- thank Judiciary Committee Chairman JAMES gested five-year moratorium on state Internet ability for juvenile offenders, as SENSENBRENNER and Ranking Member JOHN taxation would tip the scales, benefiting those amended. CONYERS for working to pass this legislation with wealth and access to the Internet at the The Clerk read as follows: through the Committee and proceed to the expense of low- and moderate-income individ- H.R. 863 floor of the Congress for a vote. uals, particularly because those who usually Be it enacted by the Senate and House of Rep- The legislation before us today, H.R. 1552, make purchases over the Internet are more af- resentatives of the United States of America in seeks to extend the current Internet tax mora- fluent than those who do not. Considering the Congress assembled, torium, prohibiting states or political subdivi- impact of the digital divide on our society, SECTION 1. SHORT TITLE. sions from imposing taxes on transaction con- This Act may be cited as the ‘‘Con- many minorities and low-income people who sequences for Juvenile Offenders Act of ducted over the Internet, through 2003. do not purchase goods via the cyber world 2001’’. Presently, ten states including Texas have would pay a disproportionate share of state SEC. 2. GRANT PROGRAM. taxes on Internet access charges. These and local sales taxes. Part R of title I of the Omnibus Crime Con- states should be allowed to continue this prac- The majority of low-income households lack trol and Safe Streets Act of 1968 (42 U.S.C. tice. I supported this two-year extension in the resources to purchase equipment to ac- 3796 et seq.) is amended to read as follows: Committee because it would not bar states cess the Internet, train on its usage, or lack ‘‘PART R—JUVENILE ACCOUNTABILITY such as Texas from collecting these greatly the financial stability to have a credit card. In- BLOCK GRANTS needed tax revenues. States would be allowed dividuals with access to a computer and the ‘‘SEC. 1801. PROGRAM AUTHORIZED. to be ‘‘grandfathered in’’ under an exemption Internet would avoid taxation on the purchase ‘‘(a) IN GENERAL.—The Attorney General is authorized to provide grants to States, for from the moratorium. of a good or service that would be taxed if a Under current law, there is a limited morato- use by States and units of local government, person without this access purchased the rium on state and local Internet access taxes and in certain cases directly to specially same good or service from their neighborhood qualified units. as well as multiple and discriminatory taxes stores. ‘‘(b) AUTHORIZED ACTIVITIES.—Amounts imposed on Internet transactions, subject to a If we allow Internet transaction to be com- paid to a State or a unit of local government grandfather on taxes of this nature imposed pletely exempt from tax, state and local gov- under this part shall be used by the State or prior to 1998. The current moratorium is unit of local government for the purpose of ernments may likely increase their sales tax scheduled to expire on October 21, 2001, and strengthening the juvenile justice system, rates to make up for the shortfall in Internet was merely designed as an interim device to which includes— tax revenue. The consequences of this could allow a commission to study the problem of ‘‘(1) developing, implementing, and admin- be devastating to low- and moderate-income istering graduated sanctions for juvenile of- Internet taxation. persons who do not benefit from the tax free fenders; I elected to vote for this two-year morato- ‘‘(2) building, expanding, renovating, or op- riums as long as those states across our na- Internet environment. Moreover, those with access to the Internet would be further deterred erating temporary or permanent juvenile tion which currently rely on these crucial rev- correction, detention, or community correc- enue streams are allowed to continue. This from purchasing goods or services from retail tions facilities; legislation provides for such a compromise. establishments, thus increasing the tax burden ‘‘(3) hiring juvenile court judges, probation Without such a compromise, state and local of the less affluent. officers, and court-appointed defenders and governments would lose a substantial amount The current moratorium on Internet taxation special advocates, and funding pretrial serv- of sales tax revenue and telecommunication is about to expire. I am confident that states ices (including mental health screening and can adapt their sales tax systems to capture assessment) for juvenile offenders, to pro- tax revenue if we were to extend the morato- mote the effective and expeditious adminis- rium on Internet taxation for five years as a revenue on Internet transactions. Our states are making great strides to update their sys- tration of the juvenile justice system; prior plan advocated. According to Forrester ‘‘(4) hiring additional prosecutors, so that Research, if e-commerce continues to ex- tems and equalize the tax burden for all seg- more cases involving violent juvenile offend- plode, U.S. sales over the Internet will be al- ments of society. ers can be prosecuted and case backlogs re- most $350 billion by 2002. If state and local The plan before us today balances the need duced; governments were prohibited from taxing this expressed by some Members of Congress ‘‘(5) providing funding to enable prosecu- segment of their tax base, financing important that a temporary moratorium is necessary, tors to address drug, gang, and youth violence problems more effectively and for tech- state and local programs and services would with the importance of preserving and securing the revenue streams of states such as nology, equipment, and training to assist become increasingly difficult. prosecutors in identifying and expediting the State and local governments use the sales Texas, which rely so heavily on Internet taxes prosecution of violent juvenile offenders; tax as a means to provide nearly one-quarter for education and our quality of life. ‘‘(6) establishing and maintaining training of all the tax revenues used to fund vital pro- Mr. DELAHUNT. Madam Speaker, I programs for law enforcement and other grams and services to their communities. It is yield back the balance of my time. court personnel with respect to preventing estimated that State and local governments Mr. SENSENBRENNER. Madam and controlling juvenile crime; are presently losing approximately $5 billion in Speaker, I yield back the balance of ‘‘(7) establishing juvenile gun courts for sales tax revenues as a result of their inability my time. the prosecution and adjudication of juvenile firearms offenders; to tax the majority of mail order Internet sales. The SPEAKER pro tempore. The question is on the motion offered by ‘‘(8) establishing drug court programs for This simply is not fair. juvenile offenders that provide continuing According to the Center for Budget and Pol- the gentleman from Wisconsin (Mr. judicial supervision over juvenile offenders icy Priorities, state and local governments SENSENBRENNER) that the House sus- with substance abuse problems and the inte- could be losing additional $10 billion annually pend the rules and pass the bill, H.R. grated administration of other sanctions and by 2003 if Internet sales were to continue to 1552, as amended. services for such offenders; be exempt from sales tax imposition. Loss of The question was taken; and (two- ‘‘(9) establishing and maintaining a system revenue of this magnitude would threaten the thirds having voted in favor thereof) of juvenile records designed to promote pub- strong fiscal position of many states if eco- the rules were suspended and the bill, lic safety; nomic conditions begin to deteriorate. The ad- as amended, was passed. ‘‘(10) establishing and maintaining interagency information-sharing programs that ditional loss of Internet transaction tax reve- The title of the bill was amended so enable the juvenile and criminal justice sys- nues and the possibility of losing taxes on as to read: ‘‘A bill to extend the mora- tems, schools, and social services agencies to telephone services due to its incorporation into torium enacted by the Internet Tax make more informed decisions regarding the the Internet could accelerate depletion of Freedom Act through November 1, 2003; early identification, control, supervision, many state surpluses without increased taxes and for other purposes.’’. and treatment of juveniles who repeatedly in some other area or making significant re- A motion to reconsider was laid on commit serious delinquent or criminal acts; duction in expenditures. the table. ‘‘(11) establishing and maintaining accountability-based programs designed to re- This loss of revenue would also curtail the f ability of states and localities to meet the de- duce recidivism among juveniles who are referred by law enforcement personnel or agen- mands for major improvements in education. A CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 2001 cies; permanent tax prohibition on Internet sales ‘‘(12) establishing and maintaining pro- would deprive state and local governments of Mr. SENSENBRENNER. Madam grams to conduct risk and need assessments a great resource to fund desperately needed Speaker, I move to suspend the rules of juvenile offenders that facilitate the effec- improvements in their education systems. and pass the bill (H.R. 863) to provide tive early intervention and the provision of

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.025 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6809

comprehensive services, including mental tionary as provided in subsection (d), shall ‘‘(2) PROHIBITION.—No funds allocated to a health screening and treatment and sub- ensure, at a minimum, that— State under this subsection or received by a stance abuse testing and treatment to such ‘‘(1) sanctions are imposed on a juvenile of- State for distribution under subsection (b) offenders; fender for each delinquent offense; may be distributed by the Attorney General ‘‘(13) establishing and maintaining ac- ‘‘(2) sanctions escalate in intensity with or by the State involved for any program countability-based programs that are de- each subsequent, more serious delinquent of- other than a program contained in an ap- signed to enhance school safety; fense; proved application. ‘‘(14) establishing and maintaining restora- ‘‘(3) there is sufficient flexibility to allow ‘‘(b) LOCAL DISTRIBUTION.— tive justice programs; for individualized sanctions and services ‘‘(1) IN GENERAL.—Except as provided in ‘‘(15) establishing and maintaining pro- suited to the individual juvenile offender; paragraph (2), each State which receives grams to enable juvenile courts and juvenile and funds under subsection (a)(1) in a fiscal year probation officers to be more effective and ‘‘(4) appropriate consideration is given to shall distribute among units of local govern- efficient in holding juvenile offenders ac- public safety and victims of crime. ment, for the purposes specified in section countable and reducing recidivism; or ‘‘(d) DISCRETIONARY USE OF SANCTIONS.— 1801, not less than 75 percent of such ‘‘(16) hiring detention and corrections per- ‘‘(1) VOLUNTARY PARTICIPATION.—A State or amounts received. sonnel, and establishing and maintaining unit of local government may be eligible to ‘‘(2) WAIVER.—If a State submits to the At- training programs for such personnel to im- receive a grant under this part if— torney General an application for waiver prove facility practices and programming. ‘‘(A) its system of graduated sanctions is that demonstrates and certifies to the Attor- ‘‘(c) DEFINITION.—For purposes of this sec- discretionary; and ney General that— tion, the term ‘restorative justice program’ ‘‘(B) it demonstrates that it has promoted ‘‘(A) the State’s juvenile justice expendi- means a program that emphasizes the moral the use of a system of graduated sanctions tures in the fiscal year preceding the date in accountability of an offender toward the vic- by taking steps to encourage implementa- which an application is submitted under this tim and the affected community, and may tion of such a system by juvenile courts. part (the ‘State percentage’) is more than 25 percent of the aggregate amount of juvenile include community reparations boards, res- ‘‘(2) REPORTING REQUIREMENT IF GRADUATED justice expenditures by the State and its eli- titution (in the form of monetary payment SANCTIONS NOT USED.— gible units of local government; and or service to the victim or, where no victim ‘‘(A) JUVENILE COURTS.—A State or unit of can be identified, service to the affected local government in which the imposition of ‘‘(B) the State has consulted with as many community), and mediation between victim graduated sanctions is discretionary shall re- units of local government in such State, or and offender. quire each juvenile court within its organizations representing such units, as practicable regarding the State’s calculation ‘‘SEC. 1802. GRANT ELIGIBILITY. jurisdiction— ‘‘(i) which has not implemented a system of expenditures under subparagraph (A), the ‘‘(a) STATE ELIGIBILITY.—To be eligible to State’s application for waiver under this receive a grant under this section, a State of graduated sanctions, to submit an annual report that explains why such court did not paragraph, and the State’s proposed uses of shall submit to the Attorney General an ap- funds, plication at such time, in such form, and implement graduated sanctions; and ‘‘(ii) which has implemented a system of the percentage referred to in paragraph (1) containing such assurances and information shall equal the percentage determined by as the Attorney General may require by graduated sanctions but has not imposed graduated sanctions in all cases, to submit subtracting the State percentage from 100 guidelines, including— percent. ‘‘(1) information about— an annual report that explains why such ‘‘(3) ALLOCATION.—In making the distribu- ‘‘(A) the activities proposed to be carried court did not impose graduated sanctions in all cases. tion under paragraph (1), the State shall al- out with such grant; and locate to such units of local government an ‘‘(B) UNITS OF LOCAL GOVERNMENT.—Each ‘‘(B) the criteria by which the State pro- amount which bears the same ratio to the poses to assess the effectiveness of such ac- unit of local government, other than a specially qualified unit, that has 1 or more juve- aggregate amount of such funds as— tivities on achieving the purposes of this ‘‘(A) the sum of— part; and nile courts that use a discretionary system of graduated sanctions shall collect the in- ‘‘(i) the product of— ‘‘(2) assurances that the State and any unit ‘‘(I) three-quarters; multiplied by of local government to which the State pro- formation reported under subparagraph (A) for submission to the State each year. ‘‘(II) the average juvenile justice expendi- vides funding under section 1803(b), has in ef- ture for such unit of local government for ‘‘(C) STATES.—Each State and specially fect (or shall have in effect, not later than 1 the 3 most recent calendar years for which year after the date that the State submits qualified unit that has 1 or more juvenile courts that use a discretionary system of such data is available; plus such application) laws, or has implemented ‘‘(ii) the product of— (or shall implement, not later than 1 year graduated sanctions shall collect the information reported under subparagraph (A) for ‘‘(I) one-quarter; multiplied by after the date that the State submits such ‘‘(II) the average annual number of part 1 application) policies and programs, that pro- submission to the Attorney General each year. A State shall also collect and submit violent crimes in such unit of local govern- vide for a system of graduated sanctions de- ment for the 3 most recent calendar years for scribed in subsection (c). to the Attorney General the information collected under subparagraph (B). which such data is available, bears to— ‘‘(b) LOCAL ELIGIBILITY.— ‘‘(B) the sum of the products determined ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible under subparagraph (A) for all such units of tion: to receive a subgrant, a unit of local govern- local government in the State. ment, other than a specially qualified unit, ‘‘(1) The term ‘discretionary’ means that a ‘‘(4) EXPENDITURES.—The allocation any system of graduated sanctions is not re- shall provide to the State— unit of local government shall receive under quired to be imposed by each and every juve- ‘‘(A) information about— paragraph (3) for a payment period shall not nile court in a State or unit of local govern- ‘‘(i) the activities proposed to be carried exceed 100 percent of juvenile justice expend- ment. out with such subgrant; and itures of the unit for such payment period. ‘‘(ii) the criteria by which the unit pro- ‘‘(2) The term ‘sanctions’ means tangible, ‘‘(5) REALLOCATION.—The amount of any proportional consequences that hold the ju- poses to assess the effectiveness of such ac- unit of local government’s allocation that is venile offender accountable for the offense tivities on achieving the purposes of this not available to such unit by operation of committed. A sanction may include coun- part; and paragraph (4) shall be available to other seling, restitution, community service, a ‘‘(B) such assurances as the State shall re- units of local government that are not af- fine, supervised probation, or confinement. quire, that, to the maximum extent applica- fected by such operation in accordance with ble, the unit of local government has in ef- ‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF this subsection. FUNDS. fect (or shall have in effect, not later than 1 ‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF year after the date that the unit submits ‘‘(a) STATE ALLOCATION.— LOCAL GOVERNMENT.—If the State has reason such application) laws, or has implemented ‘‘(1) IN GENERAL.—In accordance with regu- to believe that the reported rate of part 1 (or shall implement, not later than 1 year lations promulgated pursuant to this part violent crimes or juvenile justice expendi- after the date that the unit submits such ap- and except as provided in paragraph (3), the tures for a unit of local government is insuf- plication) policies and programs, that pro- Attorney General shall allocate— ficient or inaccurate, the State shall— vide for a system of graduated sanctions de- ‘‘(A) 0.50 percent for each State; and ‘‘(1) investigate the methodology used by scribed in subsection (c). ‘‘(B) of the total funds remaining after the the unit to determine the accuracy of the ‘‘(2) SPECIAL RULE.—The requirements of allocation under subparagraph (A), to each submitted data; and paragraph (1) shall apply to a specially quali- State, an amount which bears the same ratio ‘‘(2) if necessary, use the best available fied unit that receives funds from the Attor- to the amount of remaining funds described comparable data regarding the number of ney General under section 1803(e), except in this subparagraph as the population of violent crimes or juvenile justice expendi- that information that is otherwise required people under the age of 18 living in such tures for the relevant years for the unit of to be submitted to the State shall be sub- State for the most recent calendar year in local government. mitted to the Attorney General. which such data is available bears to the ‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS ‘‘(c) GRADUATED SANCTIONS.—A system of population of people under the age of 18 of all LESS THAN $10,000.—If under this section a graduated sanctions, which may be discre- the States for such fiscal year. unit of local government is allocated less

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.017 pfrm04 PsN: H16PT1 H6810 CONGRESSIONAL RECORD — HOUSE October 16, 2001 than $10,000 for a payment period, the as repayments under this subsection shall be ‘‘(B) an assessment of the effectiveness of amount allotted shall be expended by the deposited in a designated fund for future such activities on achieving the purposes of State on services to units of local govern- payments to States and specially qualified this part. ment whose allotment is less than such units. ‘‘(4) WAIVERS.—The Attorney General may amount in a manner consistent with this ‘‘(c) ADMINISTRATIVE COSTS.—A State or waive the requirement of an assessment in part. unit of local government that receives funds paragraph (2)(C) for a State or specially ‘‘(e) DIRECT GRANTS TO SPECIALLY QUALI- under this part may use not more than 5 per- qualified unit of local government, or in FIED UNITS.— cent of such funds to pay for administrative paragraph (3)(B) for a unit of local govern- ‘‘(1) IN GENERAL.—If a State does not qual- costs. ment, if the Attorney General determines ify or apply for funds reserved for allocation ‘‘(d) NONSUPPLANTING REQUIREMENT.— that— under subsection (a) by the application dead- Funds made available under this part to ‘‘(A) the nature of the activities are such line established by the Attorney General, the States and units of local government shall that assessing their effectiveness would not Attorney General shall reserve not more not be used to supplant State or local funds be practical or insightful; than 75 percent of the allocation that the as the case may be, but shall be used to in- ‘‘(B) the amount of the grant or subgrant is State would have received under subsection crease the amount of funds that would, in such that carrying out the assessment would (a) for such fiscal year to provide grants to the absence of funds made available under not be an effective use of those amounts; or specially qualified units which meet the re- this part, be made available from State or ‘‘(C) the resources available to the State or quirements for funding under section 1802. local sources, as the case may be. unit are such that carrying out the assess- ‘‘(2) AWARD BASIS.—In addition to the qual- ‘‘(e) MATCHING FUNDS.— ment would pose a financial hardship on the ification requirements for direct grants for ‘‘(1) IN GENERAL.—The Federal share of a State or unit. specially qualified units the Attorney Gen- grant received under this part may not ex- ‘‘(b) REPORTS TO CONGRESS.—Not later than eral may use the average amount allocated ceed 90 percent of the total program costs. 90 days after the last day of each fiscal year by the States to units of local government as ‘‘(2) CONSTRUCTION OF FACILITIES.—Not- for which 1 or more grants are awarded under a basis for awarding grants under this sec- withstanding paragraph (1), with respect to this part, the Attorney General shall submit tion. the cost of constructing juvenile detention to the Congress a report, which shall ‘‘SEC. 1804. GUIDELINES. or correctional facilities, the Federal share include— ‘‘(a) IN GENERAL.—The Attorney General of a grant received under this part may not ‘‘(1) a summary of the information pro- shall issue guidelines establishing proce- exceed 50 percent of approved cost. vided under subsection (a); dures under which a State or specially quali- ‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR. ‘‘(2) an assessment by the Attorney Gen- fied unit of local government that receives ‘‘Funds or a portion of funds allocated eral of the grant program carried out under funds under section 1803 is required to pro- under this part may be used by a State or this part; and vide notice to the Attorney General regard- unit of local government that receives a ‘‘(3) such other information as the Attor- ing the proposed use of funds made available grant under this part to contract with pri- ney General considers appropriate. under this part. vate, nonprofit entities, or community-based ‘‘SEC. 1809. TRIBAL GRANT PROGRAM. ‘‘(b) ADVISORY BOARD.—The guidelines re- organizations to carry out the purposes spec- ‘‘(a) IN GENERAL.—From the amount made ferred to in subsection (a) shall include a re- ified under section 1801(b). available under section 1811(b), the Attorney quirement that such eligible State or unit of ‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS. General shall make grants to Indian tribes, local government establish and convene an ‘‘(a) IN GENERAL.—A State or specially or consortia of such tribes, for programs to advisory board to review the proposed uses of qualified unit that receives funds under this strengthen tribal juvenile justice systems such funds. The board shall include represen- part shall— and to hold tribal youth accountable. ‘‘(b) ELIGIBILITY.—To be eligible to receive tation from, if appropriate— ‘‘(1) establish a trust fund in which the grant amounts under this section, an Indian ‘‘(1) the State or local police department; government will deposit all payments re- tribe or consortia of such tribes— ‘‘(2) the local sheriff’s department; ceived under this part; ‘‘(1) must carry out tribal juvenile justice ‘‘(3) the State or local prosecutor’s office; ‘‘(2) use amounts in the trust fund (includ- functions; and ‘‘(4) the State or local juvenile court; ing interest) during the period specified in ‘‘(2) shall submit to the Attorney General ‘‘(5) the State or local probation office; section 1805(b)(1) and any extension of that an application at such time, in such form, ‘‘(6) the State or local educational agency; period under section 1805(b)(2); and containing such assurances and informa- ‘‘(7) a State or local social service agency; ‘‘(3) designate an official of the State or tion as the Attorney General may require by ‘‘(8) a nonprofit, nongovernmental victim specially qualified unit to submit reports as guidelines. advocacy organization; and the Attorney General reasonably requires, in ‘‘(c) COMPETITIVE AWARDS.—The Attorney ‘‘(9) a nonprofit, religious, or community addition to the annual reports required General shall award grants under this sec- group. under this part; and tion on a competitive basis. ‘‘SEC. 1805. PAYMENT REQUIREMENTS. ‘‘(4) spend the funds only for the purpose of ‘‘(d) GUIDELINES.—In issuing guidelines to ‘‘(a) TIMING OF PAYMENTS.—The Attorney strengthening the juvenile justice system. carry out this section, the Attorney General General shall pay, to each State or specially ‘‘(b) TITLE I PROVISIONS.—Except as other- shall ensure that the application for, award qualified unit of local government that re- wise provided, the administrative provisions of, and use of grant amounts under this sec- ceives funds under section 1803 that has sub- of part H shall apply to this part and for pur- tion are consistent with the purposes and re- mitted an application under this part, the poses of this section any reference in such quirements of this part. amount awarded to such State or unit not provisions to title I shall be deemed to in- ‘‘(e) DEFINITION.—For purposes of this sec- later than the later of the following two clude a reference to this part. tion, the term ‘Indian tribe’ has the meaning dates: ‘‘SEC. 1808. ASSESSMENT REPORTS. given such term in section 102 of the Feder- ‘‘(1) 180 days after the date that the ‘‘(a) REPORTS TO ATTORNEY GENERAL.— ally Recognized Indian Tribe List Act of 1994 amount is available. ‘‘(1) IN GENERAL.—Except as provided in (42 U.S.C. 479a). ‘‘(2) The first day of the payment period if paragraph (4), for each fiscal year for which ‘‘SEC. 1810. DEFINITIONS. the State has provided the Attorney General a grant or subgrant is awarded under this ‘‘For purposes of this part: with the assurances required by subsection part, each State or specially qualified unit of ‘‘(1) The term ‘unit of local government’ (c). local government that receives such a grant means— ‘‘(b) REPAYMENT OF UNEXPENDED shall submit to the Attorney General a grant ‘‘(A) a county, township, city, or political AMOUNTS.— report, and each unit of local government subdivision of a county, township, or city, ‘‘(1) REPAYMENT REQUIRED.—From amounts that receives such a subgrant shall submit to that is a unit of local government as deter- awarded under this part, a State or specially the State a subgrant report, at such time mined by the Secretary of Commerce for qualified unit shall repay to the Attorney and in such manner as the Attorney General general statistical purposes; General, before the expiration of the 36- may reasonably require. ‘‘(B) any law enforcement district or judi- month period beginning on the date of the ‘‘(2) GRANT REPORT.—Each grant report re- cial enforcement district that— award, any amount that is not expended by quired by paragraph (1) shall include— ‘‘(i) is established under applicable State such State or unit. ‘‘(A) a summary of the activities carried law; and ‘‘(2) EXTENSION.—The Attorney General out with such grant; ‘‘(ii) has the authority, in a manner inde- may adopt policies and procedures providing ‘‘(B) if such activities included any pendent of other State entities, to establish for a one-time extension, by not more than subgrant, a summary of the activities car- a budget and raise revenues; and 12 months, of the period referred to in para- ried out with each such subgrant; and ‘‘(C) the District of Columbia and the rec- graph (1). ‘‘(C) an assessment of the effectiveness of ognized governing body of an Indian tribe or ‘‘(3) PENALTY FOR FAILURE TO REPAY.—If such activities on achieving the purposes of Alaskan Native village that carries out sub- the amount required to be repaid is not re- this part. stantial governmental duties and powers. paid, the Attorney General shall reduce pay- ‘‘(3) SUBGRANT REPORT.—Each subgrant re- ‘‘(2) The term ‘specially qualified unit’ ment in future payment periods accordingly. port required by paragraph (1) shall include— means a unit of local government which may ‘‘(4) DEPOSIT OF AMOUNTS REPAID.— ‘‘(A) a summary of the activities carried receive funds under this part only in accord- Amounts received by the Attorney General out with such subgrant; and ance with section 1803(e).

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.017 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6811 ‘‘(3) The term ‘State’ means any State of The SPEAKER pro tempore. Pursu- of this bill, along with the sub- the United States, the District of Columbia, ant to the rule, the gentleman from committee chairman for the Sub- the Commonwealth of Puerto Rico, the Vir- Wisconsin (Mr. SENSENBRENNER) and committee on Crime, the gentleman gin Islands, American Samoa, Guam, and the the gentleman from Virginia (Mr. from Texas (Mr. SMITH), and in fact all Northern Mariana Islands, except that— of the members of the Subcommittee ‘‘(A) the Virgin Islands, American Samoa, SCOTT) each will control 20 minutes. Guam, and the Northern Mariana Islands The Chair recognizes the gentleman on Crime on both sides of the aisle are (the ‘partial States’) shall collectively be from Wisconsin (Mr. SENSENBRENNER). cosponsors of the bill. considered as 1 State; and GENERAL LEAVE This bill is essentially identical to ‘‘(B) for purposes of section 1803(a), the Mr. SENSENBRENNER. Madam the original H.R. 1501 coauthored by amount allocated to a partial State shall Speaker, I ask unanimous consent that the former member from Florida who bear the same proportion to the amount col- all Members may have 5 legislative was then the chairman of the Sub- lectively allocated to the partial States as days within which to revise and extend committee on Crime, Mr. McCollum, the population of the partial State bears to and myself in the 106th Congress which the collective population of the partial their remarks on H.R. 863, the bill under consideration. was also cosponsored by all members of States. the subcommittee. Although that bill ‘‘(4) The term ‘juvenile’ means an indi- The SPEAKER pro tempore. Is there was passed by both the House and the vidual who is 17 years of age or younger. objection to the request of the gen- Senate, so many contentious amend- ‘‘(5) The term ‘juvenile justice expendi- tleman from Wisconsin? tures’ means expenditures in connection There was no objection. ments were added during floor consid- with the juvenile justice system, including Mr. SENSENBRENNER. Madam eration of the bill, it could not pass out expenditures in connection with such system Speaker, I yield myself such time as I of conference. to carry out— I hope that we can avoid the fate of may consume. ‘‘(A) activities specified in section 1801(b); H.R. 1501 by working together to keep Madam Speaker, today the House and intact the strong bipartisan support considers a bipartisan bill designed to ‘‘(B) other activities associated with pros- the bill now enjoys among Committee ecutorial and judicial services and correc- improve the juvenile justice system in on the Judiciary members, juvenile ad- tions as reported to the Bureau of the Census America. H.R. 863, as amended, was fa- vocates, practitioners, researchers, for the fiscal year preceding the fiscal year vorably reported out of the Committee judges, public officials and others. for which a determination is made under this on the Judiciary by voice vote. part. We have not always experienced such The bill authorizes the Department bipartisan cooperation on juvenile jus- ‘‘(6) The term ‘part 1 violent crimes’ means of Justice to award up to $500 million a murder and nonnegligent manslaughter, tice issues in Congress. In the 105th forcible rape, robbery, and aggravated as- year for the next 3 fiscal years to Congress, we debated the Violent sault as reported to the Federal Bureau of States and localities that agree to im- Youth Predator Act which focused on Investigation for purposes of the Uniform plement a system of graduated sanc- tough-sounding, poll-tested slogans and Crime Reports. tions for juvenile delinquency. Such a sound bites which were more focused ‘‘SEC. 1811. AUTHORIZATION OF APPROPRIA- system imposes sanctions on juvenile on political campaigns than the reduc- TIONS. offenders for every delinquent act they tion of juvenile crime and delinquency. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— commit, from the very first act, and in- All too often in dealing with the There are authorized to be appropriated to carry out this part— creases the intensity of the sanctions issue of crime, we rush to codify the ‘‘(1) $500,000,000 for fiscal year 2002; with the severity of the offense. best sound bites. For example, ‘‘You do ‘‘(2) $500,000,000 for fiscal year 2003; and This bill would replace the current the adult crime, you do the adult ‘‘(3) $500,000,000 for fiscal year 2004. unauthorized block grant program that time.’’ That slogan is used to justify ‘‘(b) TRIBAL SET-ASIDE.—Of the amount ap- was created in the fiscal year 1999 ap- trying sixth graders in adult criminal propriated pursuant to subsection (a), 2 per- propriation bill for the Departments of court, when research shows us that cent shall be made available for grants under Commerce, Justice and State. The codifying that sound bite will actually section 1809. reduce the severity of the punishment ‘‘(c) OVERSIGHT ACCOUNTABILITY AND AD- block grant program of H.R. 863 is MINISTRATION.—Of the amount authorized to more flexible for the States than the and increase future crimes. be appropriated under subsection (a), there current unauthorized grant program. We also have ‘‘Three strikes and shall be available to the Attorney General, This bill does not require a grant re- you’re out,’’ a baseball slogan used to for each of the fiscal years 2002 through 2004 cipient to spend a certain percentage of justify keeping frail, 80-year-old of- (as applicable), to remain available until the funds on specified purposes. This is fenders in prison way beyond the point expended— not a one-size-fits-all program. Rather, where they pose any threat to society. ‘‘(1) not more than 2 percent of that the States that qualify by imple- I am pleased to support the legisla- amount, for research, evaluation, and dem- tion before us today which is not based onstration consistent with this part; menting graduated sanctions may use the grant money where they need it to on slogans and sound bites, but instead ‘‘(2) not more than 2 percent of that upon the considered advice of juvenile amount, for training and technical assist- improve their juvenile justice systems. ance; and Further, the new block grant pro- judges, researchers and practitioners. ‘‘(3) not more than 1 percent, for adminis- grams would not place a mandate on The components of the bill came out of trative costs to carry out the purposes of the States. A State or locality may hearings in which we listened to the advice of juvenile justice researchers this part. qualify even if its system of graduated The Attorney General shall establish and and experts. They were unanimous that sanctions is discretionary. However, execute an oversight plan for monitoring the rather than moving children out of the those juvenile courts that do not im- activities of grant recipients.’’. juvenile system into the adult system, pose graduated sanctions must report SEC. 3. EFFECTIVE DATE. more resources were needed in the ju- The amendments made by section 2 shall at least annually to the applicable venile system for appropriate, individ- take effect on the first day of the first fiscal State or locality as to why graduated ually tailored responses that allowed a year that begins after the date of the enact- sanctions were not imposed in all such ment of this Act. broader range of services or sanctions cases. than the traditional limitations of ei- SEC. 4. TRANSITION OF JUVENILE ACCOUNT- This bill affords States and localities ABILITY INCENTIVE BLOCK GRANTS ther probation or incarceration. PROGRAM. the flexibility and discretion necessary We received the same advice from For each grant made from amounts made to improve their juvenile justice sys- witnesses who appeared before the bi- available for the Juvenile Accountability In- tems. partisan Task Force on Youth Vio- centive Block Grants program (as described Madam Speaker, I urge my col- lence, which was appointed by the under the heading ‘‘VIOLENT CRIME RE- leagues to support this bill. DUCTION PROGRAMS, STATE AND LOCAL Speaker, the gentleman from Illinois Madam Speaker, I reserve the bal- (Mr. HASTERT) and the minority leader, LAW ENFORCEMENT ASSISTANCE’’ in the ance of my time. Department of Justice Appropriations Act, the gentleman from Missouri (Mr. GEP- 2000 (as enacted by Public Law 106–113; 113 Mr. SCOTT. Madam Speaker, I yield HARDT). myself such time as I may consume. Stat. 1537–14)), the grant award shall remain b 1600 available to the grant recipient for not more Madam Speaker, I rise in support of than 36 months after the date of reciept of H.R. 863, the Consequences for Juvenile In keeping with recommendations the grant. Offenders Act of 2001. I am a cosponsor from these expert witnesses, the bill

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.017 pfrm04 PsN: H16PT1 H6812 CONGRESSIONAL RECORD — HOUSE October 16, 2001 before us today provides resources to often leads juveniles to more serious vide them with the resources that they be used to hold juvenile offenders ac- crimes later on in their lives. This bill do need. This bill does that. countable for their actions and to ade- encourages our juvenile justice system Let me conclude by congratulating quately address their need for services, to focus on juvenile offenders from the the chair of the subcommittee, the gen- starting with an appropriate response beginning, rather than after the sixth tleman from Texas (Mr. SMITH). Let me when the delinquent offense first oc- or seventh offense. With this approach, congratulate the chair of the full com- curs and escalating the level of re- we hope to ensure that juvenile offend- mittee, the gentleman from Wisconsin sponse upon any succeeding offense, ers learn that there are consequences (Mr. SENSENBRENNER), who, over the until the problem is eliminated. Appro- to their actions each time they commit course of the past several weeks, has priate responses could consist of pun- a crime. done much to diminish the so-called di- ishment, family or individual coun- In addition to providing incentives visiveness that characterized the Com- seling, drug treatment or other assist- for implementing graduated sanctions, mittee on the Judiciary. This truly is ance appropriate for the individual this bill provides States and localities an outstanding product, one that we case, and the services and sanctions with discretion in determining how can all be proud of, but I want to make need to be imposed on the first offense. best to spend the grant money to im- particular mention of my friend and We should not wait until the third, prove their juvenile justice systems. colleague, the ranking member of the fourth, or fifth offense before we pay Mr. Speaker, I urge my colleagues to Subcommittee on Crime, the gen- any attention to the problem. support the bill. tleman from Virginia (Mr. SCOTT), Mr. Speaker, I am pleased to rec- Mr. SCOTT. Mr. Speaker, I yield such whose sheer persistence and dedication ommend H.R. 863 to my colleagues. Not time as he may consume to the gen- and passion for this issue is reflected in only is it a model bill in that it takes tleman from Massachusetts (Mr. this particular product; and one that the advice of experts from a broad DELAHUNT). he should be particularly proud of. array of political and philosophical Mr. DELAHUNT. I thank the gen- Mr. SCOTT. Mr. Speaker, I yield my- views, but also because of the model tleman for yielding me this time. self such time as I may consume. process through which it was devel- Mr. Speaker, this bill is an example I would like to thank the gentleman oped. From the outset, members from of what can be accomplished when we from Massachusetts for his kind words. both sides of the aisle on the sub- get down to business and become seri- He is a former prosecutor and a very committee as well as the full com- ous and forget about sound bytes. This important member of the Committee mittee agreed to withhold amendments bill will truly make a difference. It is on the Judiciary. I thank him for his which did not gain consensus in order going to work. I am confident that it words. I also want to thank the chair- to move forward on the points on will reduce violence in this country. man of the subcommittee, the gen- which there was consensus. So while I spent some 20 years of my life pros- tleman from Texas (Mr. SMITH), and the bill does not contain everything ecuting some of the most violent the chairman of the full committee, that everybody wanted, it does contain criminals anywhere, and I know there the gentleman from Wisconsin (Mr. enough provisions that are valuable for are not any simple answers. There are SENSENBRENNER), and the ranking juveniles and the juvenile justice sys- no quick fixes. There are no panaceas. member of the committee, the gen- tem. But this bill works because it relies tleman from Michigan (Mr. CONYERS), I am pleased to support this bipar- upon people who do have the answers, for their leadership in developing this tisan bill. I ask my colleagues to vote the people in the community who un- bill. I would also want to point out, Mr. in favor of the bill. derstand the problems. Speaker, that the bill could not have Mr. Speaker, I reserve the balance of Unlike some bills that we have con- been formulated and brought to us my time. sidered in the past, this legislation Mr. SENSENBRENNER. Mr. Speak- today without the hard work of staff does not dictate policy from Wash- er, I yield such time as he may con- people, such as Bobby Vassar and Beth ington. It embraces and supports sume to the distinguished gentleman Sokul. Without their hard work, dedi- broad-based, comprehensive local cation, and ability to work together from Texas (Mr. SMITH), the sub- strategies that have proven to be effec- committee chair, for an un-sound byte. across the aisle, this bill never could Mr. SMITH of Texas. Mr. Speaker, I tive and that work in the real world. have been developed. thank the chairman of the Committee Let me give my colleagues an exam- Mr. Speaker, I urge my colleagues to on the Judiciary for yielding time ple. Boston, Massachusetts, the capital vote for the bill. again. city of my home State, like other cit- Mr. CONYERS. Mr. Speaker, over the last Mr. Speaker, I introduced H.R. 863, ies, experienced a dramatic decrease in several Congresses, we’ve debated the get- the Consequences for Juvenile Offend- gang violence thanks to a balanced tough approach versus the prevention and ers Act of 2001, along with the ranking strategy of prevention, intervention, treatment approach to addressing juvenile member of the Subcommittee on and enforcement. That strategy crime. This measure reflects the advice of the Crime, the gentleman from Virginia worked because everyone in the com- researchers and expert practitioners who are (Mr. SCOTT), who just finished speak- munity at large was engaged, police, unanimous on the point that more resources ing. All other members of the sub- prosecutors, probation officers, correc- are needed for appropriate individually tailored committee have also cosponsored this tion officials, youth and social service responses to juvenile crime. The measure be- legislation. The legislation is needed personnel, teachers, judges, you name fore us is not a one-size-fits-all approach but because juvenile justice experts have it, everybody was involved. a substantive bipartisan approach that actually recommended that juvenile justice sys- Under some of the legislation that will reduce crime and delinquency where it oc- tems pay more attention to young of- was considered previously, Boston curs, and that’s why we all support it. fenders earlier in the system. H.R. 863 would not have even qualified for a However, my view is that juvenile justice is would do that by responding to juve- grant, and few if any States would. also about gun safety. I understand clearly nile wrongdoing with graduated sanc- Under this bill, Boston and other cities that the sponsors of the bill have valid con- tions. will qualify for the money they need to cerns that introducing the issue of gun vio- The bill authorizes $1.5 billion for the continue the critical work and the ef- lence into the debate would foster differences Justice Department to make grants to fective work that they have been of view and jeopardize good legislation. They State and local governments to im- doing. are correct that the Republican leadership bot- prove their juvenile justice system. These cities like Boston, like other tled up this bill in a conference committee last States and localities qualify for the communities throughout the country, year largely in an effort, I am told, to avoid ad- grant funds if they have implemented do not need us here in Washington to dressing gun violence. or agree to implement a system of tell them how to reduce violence. As I But I believe that preventing juvenile crime graduated sanctions for juvenile of- said, they have the answers them- is about thwarting easy access to guns, just fenders within 1 year of applying for selves. What they need is a serious, as much as it is about prevention programs those funds. substantial Federal investment in ju- and services for at-risk youth. Ten children a Graduated sanctions are designed to venile crime prevention. And what day are killed by gun violence. The shooters break the cycle of delinquency that they need is our commitment to pro- at Columbine High School were provided a

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.055 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6813 gun largely because of the lack of any back- against him between 1995 and 1998. He was MAKING PERMANENT AUTHORITY ground check by licensed sellers at gun arrested on yet another offense the night be- TO REDACT FINANCIAL DISCLO- shows. We continue to witness unspeakable fore he killed Detective Clark, but because law SURE STATEMENTS OF JUDICIAL horrors every week as children open fire on enforcement officers in Cleveland were un- EMPLOYEES AND JUDICIAL OFFI- their classmates. You all read and see them aware of his extensive criminal record as a ju- CERS weekly. venile he was released from custody. Had an Mr. SENSENBRENNER. Mr. Speak- The Nation stands ready to require a child automated records system been in place when er, I move to suspend the rules and safety lock on every gun. I think most Mem- he first appeared before a juvenile court in pass the bill (H.R. 2336) to make perma- bers of Congress are ready as well. But the Ohio, law enforcement officials in Ohio would nent the authority to redact financial Congress ignores the cries of the children and have had access to his extensive criminal disclosure statements of judicial em- their parents. record in Florida and the tragic death of De- ployees and judicial officers. I know that the National Rifle Association’s tective Clark could have been prevented. The Clerk read as follows: publicity machines have been spinning in high H.R. 2336 gear since the election to perpetuate the myth I urge the conferees to give attention to this Be it enacted by the Senate and House of Rep- that gun safety is a losing political issue. The important issue. The information shared resentatives of the United States of America in facts are, of course, that the NRA targeted through the creation of an automated juvenile Congress assembled, countless House and Senate seats and lost recordkeeping system will stop crime and save SECTION 1. REPEAL OF SUNSET PROVISION. nearly every single one. So gather your cour- lives. Section 105(b)(3)(E) of the Ethics in Gov- age, my colleagues. Bit by bit, the tide is turn- ernment Act of 1978 (5 U.S.C. App.) is re- Mr. SCHIFF. Mr. Speaker, I am pleased to pealed. ing. support the bill before us today because it al- Governor Pataki of New York has proposed The SPEAKER pro tempore. Pursu- lows states and localities to develop programs far more ambitious gun safety measures that ant to the rule, the gentleman from on juvenile justice, according to the needs of those that were bottled up by the Republican Wisconsin (Mr. SENSENBRENNER) and their own communities. It is a credit to Crime leadership this year. Senators MCCAIN and the gentleman from Virginia (Mr. Subcommittee Chairman LAMAR SMITH and LIEBERMAN are attempting to find common Scott) each will control 20 minutes. ground on this issue as we speak. But regard- Ranking Member BOBBY SCOTT that we were The Chair recognizes the gentleman less of the politics, I and others feel that we able to improve this bill with an amendment I from Wisconsin (Mr. SENSENBRENNER). cannot back down on this issue because it is offered in Committee. The amendment re- GENERAL LEAVE the logical and correct position to take, and if quires a strong assessment component to any Mr. SENSENBRENNER. Mr. Speak- we really do not want to leave any child be- program funded by this bill. er, I ask unanimous consent that all Members may have 5 legislative days hind, we cannot allow so many children to be My amendment requires all applicants to within which to revise and extend their killed in senseless and preventable acts of provide information up front detailing how they remarks and include extraneous mate- gun violence. Too many families have lived will evaluate the success of their program. It through this unthinkable experience of burying rial on H.R. 2336, the bill under consid- requires an assessment to be undertaken at eration. their own children for us not to act. appropriate intervals (each year). These as- I would like to continue to work with the The SPEAKER pro tempore. Is there sessment will be submitted by the states or lo- objection to the request of the gen- gentleman from Virginia (Mr. SCOTT) on other calities to the Department of Justice. The At- tleman from Wisconsin? solutions to juvenile crime such as the mod- torney General could waive this requirement if There was no objection. erate measures passed by the Senate in the an assessment would not be practical (i.e. Mr. SENSENBRENNER. Mr. Speak- last Congress, the gun show background building a facility) or if an assessment require- er, I yield myself such time as I may checks, child safety locks, a ban on the impor- ment would prove to be cost prohibitive. From consume. tation of large-capacity ammunition clips and a these assessments, the Attorney General Mr. Speaker, I rise today in support juvenile Brady. Let’s all stay tuned for further would submit a report to Congress on the of H.R. 2336 and urge the House to complimentary support to this excellent meas- adopt the measure. This bill will make ure before us. progress of funded programs. The funding for these assessments comes out of their existing permanent the authority of the U.S. Mr. KUCINICH. Mr. Speaker, I rise in sup- Judicial Conference to redact financial grant money, but I’m sure you would agree port of H.R. 863, Consequences for Juvenile disclosure statements of judicial em- that is it important to be able to identify any Offenders Act. In particular, I am pleased that ployees and judicial officers. funding under the Juvenile Accountability unsuccessful program. Under the Ethics in Government Act, Block Grant program can be used for main- As a former federal prosecutor, I have seen judges and other high-level judicial taining juvenile record systems to promote the successes and failures of programs de- branch officials must file annual finan- public safety and to establish interagency in- signed to improve the juvenile justice system. cial disclosure reports. However, due to formation-sharing programs. However, I not It is critical that we evaluate programs we fund the nature of the judicial function and only support establishing a juvenile record- to ensure their effectiveness in achieving their the increased security risk it entails, keeping system, but I encourage States to de- stated goals. section 7 of the Identity Theft and As- velop an automated system of records. sumption Deterrence Act of 1998 allows Last Congress I offered an amendment to I urge my colleagues to support this bill. the Judicial Conference to redact the Juvenile Justice bill to assist States in And I again want to commend the Leadership statutorily required information in a compiling the records of juvenile and estab- of both parties for bringing this bill before us financial disclosure report where the lishing statewide computer systems for their today. release of the information could endan- records. States would then have the option of Mr. SCOTT. Mr. Speaker, I yield ger the filer or his or her family. This making the information available to the Fed- back the balance of my time. provision will sunset on December 31, eral Bureau of Investigation and law enforce- 2001, in the absence of further legisla- Mr. SENSENBRENNER. Mr. Speak- ment authorities from other States. This tive action. amendment was endorsed by the Fraternal er, I yield back the balance of my time. The Judicial Conference Committee Order of Police. My amendment was accept- The SPEAKER pro tempore (Mr. on Financial Disclosure recently sub- ed. QUINN). The question is on the motion mitted a report on section 7. The com- The need for improved recordkeeping sys- offered by the gentleman from Wis- mittee monitors the release of finan- tems on violent juveniles is illustrated by a consin (Mr. SENSENBRENNER) that the cial disclosure reports to ensure com- tragic story from my district. A Cleveland po- House suspend the rules and pass the pliance with the statute, reviews redac- lice detective, Robert Clark, was killed in July bill, H.R. 863, as amended. tion requests, and approves or dis- 1998 while attempting to arrest a drug dealer. approves any request for a redaction of The question was taken; and (two- The individual who shot Detective Clark had statutorily mandated information thirds having voted in favor thereof) accumulated a considerable criminal record where the release of the information the rules were suspended and the bill, between Ohio and Florida. Although he was could endanger a filer. only 19 years old at the time of the shooting, as amended, was passed. In the year 2000, the committee he had been arrested 150 times since the age A motion to reconsider was laid on noted, first, 13 financial disclosure re- of 8. There had been 62 felony charges the table. ports were wholly redacted because the

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.044 pfrm04 PsN: H16PT1 H6814 CONGRESSIONAL RECORD — HOUSE October 16, 2001 judge was under a specific and active The law requires the Judicial Con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS; security threat and, second, only 140 ference, in concert with the Depart- REFERENCES TO TITLE 38, UNITED STATES CODE. judges’ reports were partially redacted ment of Justice, to file an annual re- (a) SHORT TITLE.—This Act may be cited as due to specific or general threats. port detailing the number and cir- the ‘‘Stuart Collick—Heather French Henry The purpose of the annual disclosure cumstances of redactions. This statu- Homeless Veterans Assistance Act’’. reports required by the Ethics in Gov- tory reporting requirement enables (b) TABLE OF CONTENTS.—The table of con- ernment Act is to increase public con- Congress to monitor any abuse of the tents of this Act is as follows: fidence in government officials and redaction authority. Sec. 1. Short title; table of contents; ref- better enable the public to judge the In short, I think the enactment of erences to title 38, United performance of those officials. How- H.R. 2336 is necessary to protect the se- States Code. ever, Federal judges should be allowed curity of our Nation’s judges, and I Sec. 2. Definitions. to redact certain information from fi- urge my colleagues to support it. Sec. 3. National goal to end homelessness nancial disclosures when they or a fam- Ms. JACKSON-LEE of Texas. Mr. Speaker, among veterans. ily member is threatened. Importantly, Sec. 4. Sense of the Congress regarding the this non-controversial legislation, H.R. 2336, is needs of homeless veterans and this practice has never interfered with aimed at protecting judges and judicial em- the responsibility of Federal the release of critical information to ployees. H.R. 2236 amends the Ethics in Gov- agencies. the public. ernment Act of 1978 by repealing the sunset Sec. 5. Consolidation and improvement of H.R. 2336 will eliminate the sunset in provision of authorized redaction of financial provisions of law relating to section 7 and permit the Judicial Con- disclosure reports filed by certain judicial em- homeless veterans. ference to permanently redact informa- ployees and officers. Sec. 6. Evaluation of homeless programs. tion in financial disclosure reports The purpose of these financial disclosure re- Sec. 7. Study of outcome effectiveness of where that information could endanger ports required by the Ethics in Government grant program for homeless veterans with special needs. the filer or his or her family. This is a Act of 1978 is to increase public confidence in good bill. It enjoys bipartisan support. Sec. 8. Additional programmatic expansions. government officials and better enable our Sec. 9. Coordination of employment serv- There is no known opposition. I en- public to assess the progress and effective- ices. courage the House to support the meas- ness of their public officials. However, section Sec. 10. Use of real property. ure. 7 of this Act which allows redaction where Sec. 11. Meetings of Interagency Council on Mr. Speaker, I reserve the balance of such disclosure could endanger the filer or his/ Homeless. my time. her family is set to sunset on December 31, Sec. 12. Rental assistance vouchers for HUD Mr. SCOTT. Mr. Speaker, I yield my- 2001. Veterans Affairs Supported self such time as I may consume. In 2000, the Judicial Conference Committee Housing program. Mr. Speaker, I rise to join my col- (c) REFERENCES TO TITLE 38 UNITED STATES on Financial Disclosure submitted a report, CODE.—Except as otherwise expressly pro- league, the chairman of the Committee noting that numerous financial disclosure re- on the Judiciary, in supporting H.R. vided, whenever in this Act an amendment ports had been redacted because the Judge 2336. This bill was introduced by the or repeal is expressed in terms of an amend- was under a specific, active security threat, ment to, or repeal of, a section or other pro- gentleman from North Carolina (Mr. and that 140 reports were partially redacted vision, the reference shall be considered to COBLE) and the gentleman from Cali- based on threats and various security risks. be made to a section or other provision of fornia (Mr. BERMAN). It protects judges These threats may be heightened in light of title 38, United States Code. against certain security threats. The the recent threats to our national security. SEC. 2. DEFINITIONS. September 11 tragedy only heightens This legislation appropriately repeals this For purposes of this Act: the security concerns that make this sunset and makes permanent the authority to (1) The term ‘‘homeless veteran’’ has the legislation necessary. The Committee meaning given such term in section 2002 of redact such financial disclosure statements of on the Judiciary reported H.R. 2336 fa- title 38, United States Code, as added by sec- judicial employees or judicial officers. tion 5(a)(1). vorably by voice vote on October 3, and As a former associate municipal court judge, I am not aware of any controversy re- (2) The term ‘‘grant and per diem provider’’ I understand that the need for such legislation means an entity in receipt of a grant under garding the bill. is great. I urge my colleagues to support it. H.R. 2336 permanently extends the section 2011 or 2012 of title 38, United States Mr. SCOTT. Mr. Speaker, I yield Code. ability of Federal judges to request re- back the balance of my time. SEC. 3. NATIONAL GOAL TO END HOMELESSNESS daction from their financial disclosure Mr. SENSENBRENNER. Mr. Speak- AMONG VETERANS. reports. The current redaction author- er, I yield back the balance of my time. (a) NATIONAL GOAL.—Congress hereby de- ity sunsets at the end of this year. The SPEAKER pro tempore (Mr. clares it to be a national goal to end chronic Thus, it is imperative that we act QUINN). The question is on the motion homelessness among veterans within a dec- quickly to get this bill to the Senate offered by the gentleman from Wis- ade of the enactment of this Act. (b) COOPERATIVE EFFORTS ENCOURAGED.— where we hope it passes before the end consin (Mr. SENSENBRENNER) that the Congress hereby encourages all departments of the year. The redaction authority House suspend the rules and pass the for judges is appropriately limited and and agencies of Federal, State, and local bill, H.R. 2336. governments, quasi-governmental organiza- thus does not raise concerns about The question was taken; and (two- tions, private and public sector entities, in- undue restrictions on public access to thirds having voted in favor thereof) cluding community-based organizations, financial disclosure reports. The the rules were suspended and the bill faith-based organizations, and individuals to judge’s report may be redacted if the was passed. work cooperatively to end chronic homeless- Judicial Conference and U.S. Marshals A motion to reconsider was laid on ness among veterans within a decade. Service find that revealing personal the table. SEC. 4. SENSE OF THE CONGRESS REGARDING THE NEEDS OF HOMELESS VET- and sensitive information could endan- f ger that judge. Furthermore, the re- ERANS AND THE RESPONSIBILITY STUART COLLICK—HEATHER OF FEDERAL AGENCIES. port can only be redacted to the extent It is the sense of the Congress that— necessary to protect the judge and only FRENCH HENRY HOMELESS VET- ERANS ASSISTANCE ACT (1) homelessness is a significant problem in so long as a danger exists. the veterans community and veterans are Mr. SMITH of New Jersey. Mr. b 1615 disproportionately represented among home- Speaker, I move to suspend the rules less men; The redaction authority has not been and pass the bill (H.R. 2716) to amend (2) While many effective programs assist abused to date. Of all of the judges fil- title 38, United States Code, to revise, homeless veterans to again become producing reports in the year 2000, only 6 per- improve, and consolidate provisions of tive and self-sufficient members of society, cent had their reports redacted, either law providing benefits and services for current resources provided to such programs and other activities that assist homeless vet- wholly or even partially. Typically, the homeless veterans, as amended. information redacted is limited to such erans are inadequate to provide all needed The Clerk read as follows: essential services, assistance, and support to things as the spouse’s place of work, H.R. 2716 homeless veterans; the location of a judge’s second home, Be it enacted by the Senate and House of Rep- (3) the most effective programs for the as- or the name of a law school at which a resentatives of the United States of America in sistance of homeless veterans should be iden- judge may teach part-time. Congress assembled, tified and expanded;

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.059 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6815 (4) federally funded programs for homeless ‘‘(A) lacks a fixed, regular, and adequate under this section shall include the fol- veterans should be held accountable for nighttime residence; or lowing: achieving clearly defined results; ‘‘(B) has a primary nighttime residence ‘‘(1) Specification as to the kinds of (5) Federal efforts to assist homeless vet- that is— projects for which such grant support is erans should include prevention of homeless- ‘‘(i) a supervised publicly or privately oper- available, which shall include— ness; and ated shelter designed to provide temporary ‘‘(A) expansion, remodeling, or alteration (6) Federal agencies, particularly the De- living accommodations (including welfare of existing buildings, or acquisition of facili- partment of Veterans Affairs and the Depart- hotels, congregate shelters, grant per diem ties, for use as service centers, transitional ment of Housing and Urban Development, shelters and transitional housing for the housing, or other facilities to serve homeless should cooperate more fully to address the mentally ill); veterans; and problem of homelessness among veterans. ‘‘(ii) an institution that provides a tem- ‘‘(B) procurement of vans for use in out- SEC. 5. CONSOLIDATION AND IMPROVEMENT OF porary residence for individuals intended to reach to, and transportation for, homeless PROVISIONS OF LAW RELATING TO be institutionalized; or veterans to carry out the purposes set forth HOMELESS VETERANS. ‘‘(iii) a public or private place not designed in subsection (a). (a) IN GENERAL.—(1) Part II is amended by for, or ordinarily used as, a regular sleeping ‘‘(2) Specification as to the number of inserting after chapter 19 the following new accommodation for human beings. projects for which grant support is available. chapter: ‘‘(2) The term ‘grant and per diem provider’ ‘‘(3) Appropriate criteria for the staffing ‘‘CHAPTER 20—BENEFITS FOR HOMELESS means an entity in receipt of a grant under for the provision of the services for which a VETERANS section 2011 or 2012 of this title. grant under this section is furnished. ‘‘(4) Provisions to ensure that the award of ‘‘SUBCHAPTER I—PURPOSE; DEFINITIONS; ‘‘§ 2003. Staffing requirements grants under this section— ADMINISTRATIVE MATTERS ‘‘(a) VBA STAFFING AT REGIONAL OFFICES.— ‘‘(A) shall not result in duplication of on- The Secretary shall ensure that there is as- ‘‘Sec. going services; and signed at each Veterans Benefits Adminis- ‘‘2001. Purpose. ‘‘(B) to the maximum extent practicable, tration regional office at least one employee ‘‘2002. Definitions. shall reflect appropriate geographic disper- assigned specifically to oversee and coordi- ‘‘2003. Staffing requirements. sion and an appropriate balance between nate homeless veterans programs in that re- ‘‘2004. Employment assistance. urban and nonurban locations. gion. In any such regional office with at ‘‘SUBCHAPTER II—COMPREHENSIVE SERVICE ‘‘(5) Provisions to ensure that an entity re- least 140 employees, there shall be at least PROGRAMS ceiving a grant shall meet fire and safety re- one full-time employee assigned to such quirements established by the Secretary, ‘‘2011. Grants. functions. The programs covered by such ‘‘2012. Per diem payments. which shall include— oversight and coordination include the fol- ‘‘2013. Authorization of appropriations. ‘‘(A) such State and community require- lowing: ments that may apply; and ‘‘SUBCHAPTER III—TRAINING AND OUTREACH ‘‘(1) The housing program for veterans sup- ‘‘(B) the fire and safety requirements appli- ‘‘2021. Homeless veterans’ reintegration pro- ported by the Department of Housing and cable under the Life Safety Code of the Na- grams. Urban Development. tional Fire Protection Association. ‘‘2022. Coordination of outreach services for ‘‘(2) Housing programs supported by the ‘‘(6) Specifications as to the means by veterans at risk of homeless- Secretary under this title or any other provi- which an entity receiving a grant may con- ness. sion of law. tribute in-kind services to the start-up costs ‘‘2023. Demonstration program relating to ‘‘(3) The homeless veterans reintegration of any project for which support is sought referral and counseling for vet- program of the Department of Labor under and the methodology for assigning a cost to erans transitioning from cer- section 2021 of this title. that contribution for purposes of subsection tain institutions who are at ‘‘(4) The programs under section 2033 of (c). risk for homelessness. this title. ‘‘(c) FUNDING LIMITATIONS.—A grant under ‘‘SUBCHAPTER IV—TREATMENT AND REHABILI- ‘‘(5) The assessments required by section this section may not be used to support oper- TATION FOR SERIOUSLY MENTALLY ILL AND 2034 of this title. ational costs. The amount of a grant under HOMELESS VETERANS ‘‘(6) Such other duties relating to homeless this section may not exceed 65 percent of the ‘‘2031. General treatment. veterans as may be assigned. estimated cost of the expansion, remodeling, ‘‘2032. Therapeutic housing. ‘‘(b) VHA CASE MANAGERS.—The Secretary alteration, acquisition, or procurement pro- ‘‘2033. Additional services at certain loca- shall ensure that the number of case man- vided for under this section. tions. agers in the Veterans Health Administration ‘‘(d) ELIGIBLE ENTITIES.—The Secretary ‘‘2034. Coordination with other agencies and is sufficient to assure that every veteran may make a grant under this section to an organizations. who is provided a housing voucher through entity applying for such a grant only if the section 8(o) of the United States Housing Act applicant for the grant— ‘‘SUBCHAPTER V—HOUSING ASSISTANCE of 1937 (42 U.S.C. 1437f(o)) is assigned to, and ‘‘(1) is a public or nonprofit private entity ‘‘2041. Housing assistance for homeless vet- is able to be seen as needed by, a case man- with the capacity (as determined by the Sec- erans. ager. retary) to effectively administer a grant ‘‘2042. Supported housing for veterans par- ‘‘§ 2004. Employment assistance under this section; ticipating in compensated work ‘‘The Secretary may authorize homeless ‘‘(2) has demonstrated that adequate finan- therapies. veterans receiving care through vocational cial support will be available to carry out ‘‘2043. Domiciliary care programs. rehabilitation programs to participate in the the project for which the grant has been ‘‘SUBCHAPTER VI—LOAN GUARANTEE FOR compensated work therapy program under sought consistent with the plans, specifica- MULTIFAMILY TRANSITIONAL HOUSING section 1718 of this title. tions, and schedule submitted by the applicant; and ‘‘2051. General authority. ‘‘SUBCHAPTER II—COMPREHENSIVE ‘‘(3) has agreed to meet the applicable cri- ‘‘2052. Requirements. SERVICE PROGRAMS ‘‘2053. Default. teria and requirements established under ‘‘§ 2011. Grants ‘‘2054. Audit. subsections (b) and (g) (and the Secretary ‘‘(a) AUTHORITY TO MAKE GRANTS.—(1) Sub- has determined that the applicant has dem- ‘‘SUBCHAPTER VII—OTHER PROVISIONS ject to the availability of appropriations pro- onstrated the capacity to meet those criteria ‘‘2061. Grant program for homeless veterans vided for such purpose, the Secretary shall and requirements). with special needs. make grants to assist eligible entities in es- ‘‘(e) APPLICATION REQUIREMENT.—An entity ‘‘2062. Dental care. tablishing programs to furnish, and expand- described in subsection (d) desiring to re- ‘‘2063. Technical assistance grants for non- ing or modifying existing programs for fur- ceive assistance under this section shall sub- profit community-based groups. nishing, the following to homeless veterans: mit to the Secretary an application. The ap- ‘‘2064. Annual report on assistance to home- ‘‘(A) Outreach. plication shall set forth the following: less veterans. ‘‘(B) Rehabilitative services. ‘‘(1) The amount of the grant requested ‘‘2065. Advisory Committee on Homeless Vet- ‘‘(C) Vocational counseling and training with respect to a project. erans. ‘‘(D) Transitional housing assistance. ‘‘(2) A description of the site for such ‘‘SUBCHAPTER I—PURPOSE; DEFINI- ‘‘(2) The authority of the Secretary to project. TIONS; ADMINISTRATIVE MATTERS make grants under this section expires on ‘‘(3) Plans, specifications, and the schedule ‘‘§ 2001. Purpose September 30, 2005. for implementation of such project in ac- ‘‘(b) CRITERIA FOR AWARD OF GRANTS.—The cordance with requirements prescribed by ‘‘The purpose of this chapter is to provide Secretary shall establish criteria and re- the Secretary under subsection (b). for the special needs of homeless veterans. quirements for the award of a grant under ‘‘(4) Reasonable assurance that upon com- ‘‘§ 2002. Definitions this section, including criteria for entities pletion of the work for which assistance is ‘‘In this chapter: eligible to receive such grants, and shall pub- sought, the program will become operational ‘‘(1) The term ‘homeless veteran’ means a lish such criteria and requirements in the and the facilities will be used principally to veteran who— Federal Register. The criteria established provide to veterans the services for which

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.028 pfrm04 PsN: H16PT1 H6816 CONGRESSIONAL RECORD — HOUSE October 16, 2001 the project was designed, and that not more ant to such criteria as the Secretary shall ‘‘(2) The information under paragraph (1) than 25 percent of the services provided will prescribe, shall provide to a recipient of a shall be furnished to the Secretary of Labor serve clients who are not receiving such grant under section 2011 of this title (or an in such form as the Secretary considers ap- services as veterans. entity eligible to receive a grant under that propriate. ‘‘(f) PROGRAM REQUIREMENTS.—The Sec- section which after November 10, 1992, estab- ‘‘(c) ADMINISTRATION THROUGH THE ASSIST- retary may not make a grant to an applicant lishes a program that the Secretary deter- ANT SECRETARY OF LABOR FOR VETERANS’ EM- under this section unless the applicant, in mines carries out the purposes described in PLOYMENT AND TRAINING.—The Secretary of the application for the grant, agrees to each that section) per diem payments for services Labor shall carry out this section through of the following requirements: furnished to any homeless veteran— the Assistant Secretary of Labor for Vet- ‘‘(1) To provide the services for which the ‘‘(A) whom the Secretary has referred to erans’ Employment and Training. grant is furnished at locations accessible to the grant recipient (or entity eligible for ‘‘(d) ANNUAL REPORT TO CONGRESS.—The homeless veterans. such a grant); or Secretary of Labor shall submit to Congress ‘‘(2) To maintain referral networks for, and ‘‘(B) for whom the Secretary has author- an annual report that evaluates services fur- aid homeless veterans in, establishing eligi- ized the provision of services. nished to veterans under this section, and in- bility for assistance, and obtaining services, ‘‘(2) The rate for such per diem payments cludes an analysis of the information col- under available entitlement and assistance shall be the rate authorized for State homes lected under subsection (c). programs. for domiciliary care under section ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) To ensure the confidentiality of 1741(a)(1)(A) of this title. (1) There are authorized to be appropriated records maintained on homeless veterans re- ‘‘(3) In a case in which the Secretary has to carry out this section amounts as follows: ceiving services under the grant. authorized the provision of services, per ‘‘(A) $50,000,000 for fiscal year 2002. ‘‘(4) To establish such procedures for fiscal diem payments under paragraph (1) may be ‘‘(B) $50,000,000 for fiscal year 2003. control and fund accounting as may be nec- paid retroactively for services provided not ‘‘(C) $50,000,000 for fiscal year 2004. essary to ensure proper disbursement and ac- more than three days before the authoriza- ‘‘(D) $50,000,000 for fiscal year 2005. counting with respect to the grant and to tion was provided. ‘‘(E) $50,000,000 for fiscal year 2006. such payments as may be made under sec- ‘‘(b) INSPECTIONS.—The Secretary may in- ‘‘(2) Funds appropriated to carry out this tion 2012 of this title. spect any facility of an entity eligible for section shall remain available until ex- ‘‘(5) To seek to employ homeless veterans payments under subsection (a) at such times pended. Funds obligated in any fiscal year to and formerly homeless veterans in positions as the Secretary considers necessary. No per carry out this section may be expended in created for purposes of the grant for which diem payment may be made to an entity that fiscal year and the succeeding fiscal those veterans are qualified. under this section unless the facilities of year. ‘‘(g) SERVICE CENTER REQUIREMENTS.—In that entity meet such standards as the Sec- ‘‘§ 2022. Coordination of outreach services for addition to criteria established under sub- retary shall prescribe. veterans at risk of homelessness section (b), the Secretary shall, in the case ‘‘(c) LIFE SAFETY CODE.—(1) Except as provided in paragraph (2), a per diem payment ‘‘(a) OUTREACH PLAN.—The Secretary, act- of an application for a grant for a service ing through the Under Secretary for Health, center for homeless veterans, require each of may not be provided under this section to a grant recipient unless the facilities of the shall provide for appropriate officials of the the following: Mental Health Service and the Readjustment ‘‘(1) That such center provide services to grant recipient meet the fire and safety requirements applicable under the Life Safety Counseling Service of the Veterans Health homeless veterans during such hours as the Administration to initiate a coordinated Secretary may specify and be open to such Code of the National Fire Protection Asso- ciation. plan for joint outreach to veterans at risk of veterans on an as-needed, unscheduled basis. homelessness, including particularly vet- ‘‘(2) That space at such center will be made ‘‘(2) During the five-year period beginning on the date of the enactment of this section, erans who are being discharged from institu- available, as mutually agreeable, for use by tions (including discharges from inpatient staff of the Department of Veterans Affairs, paragraph (1) shall not apply to an entity that received a grant under section 3 of the psychiatric care, substance abuse treatment the Department of Labor, and other appro- programs, and penal institutions). priate agencies and organizations in assist- Homeless Veterans Comprehensive Service Programs Act of 1992 (Public Law 102–590; 38 ‘‘(b) MATTERS TO BE INCLUDED.—The out- ing homeless veterans served by such center. reach plan under subsection (a) shall include ‘‘(3) That such center be equipped and U.S.C. 7721 note) before that date if the entity meets fire and safety requirements estab- the following: staffed to provide, or to assist in providing, ‘‘(1) Strategies to identify and collaborate health care, mental health services, hygiene lished by the Secretary. ‘‘(3) From amounts available for purposes with external entities used by veterans who facilities, benefits and employment coun- of this section, not less than $5,000,000 shall have not traditionally used Department seling, meals, transportation assistance, and be used only for grants to assist entities cov- services to further outreach efforts. such other services as the Secretary deter- ered by paragraph (2) in meeting the Life ‘‘(2) Strategies to ensure that mentoring mines necessary. Safety Code of the National Fire Protection programs, recovery support groups, and ‘‘(4) That such center may be equipped and Association. other appropriate support networks are opti- staffed to provide, or to assist in providing, ‘‘§ 2013. Authorization of appropriations mally available to veterans. job training and job placement services (in- ‘‘(3) Appropriate programs or referrals to ‘‘There are authorized to be appropriated cluding job readiness, job counseling, and lit- family support programs. to carry out this subchapter amounts as fol- eracy and skills training), as well as any out- ‘‘(4) Means to increase access to case man- lows: reach and case management services that agement services. ‘‘(1) $60,000,000 for fiscal year 2002. may be necessary to carry out this para- ‘‘(5) Plans for making additional employ- ‘‘(2) $75,000,000 for fiscal year 2003. graph. ment services accessible to veterans. ECOVERY OF UNUSED GRANT FUNDS.— ‘‘(3) $75,000,000 for fiscal year 2004. ‘‘(h) R ‘‘(6) Appropriate referral sources for men- (1) If a grant recipient (or entity eligible for ‘‘(4) $75,000,000 for fiscal year 2005. tal health and substance abuse services. such a grant) under this section does not es- ‘‘SUBCHAPTER III—TRAINING AND ‘‘(c) COOPERATIVE RELATIONSHIPS.—The tablish a program in accordance with this OUTREACH plan shall identify strategies for the Depart- section or ceases to furnish services under ‘‘§ 2021. Homeless veterans’ reintegration pro- ment to enter into formal cooperative rela- such a program for which the grant was grams tionships with entities outside the Depart- made, the United States shall be entitled to ‘‘(a) IN GENERAL.—Subject to the avail- ment to facilitate making services and re- recover from such recipient or entity the ability of appropriations provided for under sources optimally available to veterans. total of all unused grant amounts made subsection (d) and made available for such ‘‘(d) REVIEW OF PLAN.—The Secretary shall under this section to such recipient or entity purpose, the Secretary of Labor shall con- submit the plan under subsection (a) to the in connection with such program. duct, directly or through grant or contract, Advisory Committee on Homeless Veterans ‘‘(2) Any amount recovered by the United such programs as the Secretary determines for its review and consultation. States under paragraph (1) may be obligated appropriate to provide job training, coun- ‘‘(e) OUTREACH PROGRAM.—(1) The Sec- by the Secretary without fiscal year limita- seling, and placement services to expedite retary shall carry out an outreach program tion to carry out provisions of this sub- the reintegration of homeless veterans into to provide information to homeless veterans chapter. the labor force. and veterans at risk of homelessness. The ‘‘(3) An amount may not be recovered ‘‘(b) REQUIREMENT TO MONITOR EXPENDI- program shall include at a minimum— under paragraph (1) as an unused grant TURES OF FUNDS.—(1) The Secretary of Labor ‘‘(A) provision of information about bene- amount before the end of the three-year pe- shall collect such information as the Sec- fits available to eligible veterans from the riod beginning on the date on which the retary considers appropriate to monitor and Department; and grant is awarded. evaluate the distribution and expenditure of ‘‘(B) contact information for local Depart- ‘‘§ 2012. Per diem payments funds appropriated to carry out this section. ment facilities, including medical facilities, ‘‘(a) PER DIEM PAYMENTS FOR FURNISHING The information shall include data with re- regional offices, and veterans centers. SERVICES TO HOMELESS VETERANS.—(1) Sub- spect to the results or outcomes of the serv- ‘‘(2) In developing and carrying out the ject to the availability of appropriations pro- ices provided to each homeless veteran under program under paragraph (1), the Secretary vided for such purpose, the Secretary, pursu- this section. shall, to the extent practicable, consult with

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.028 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6817 appropriate public and private organizations, ‘‘(C) Recommendations, if any, regarding services and treatment of a dental condition including the Bureau of Prisons, State social an extension of the program. or disability of a veteran described in sub- service agencies, the Department of Defense, ‘‘(e) DURATION.—The authority of the Sec- section (b) shall be considered to be medi- and mental health, veterans, and homeless retaries to provide counseling services under cally necessary, subject to subsection (c), advocates— the demonstration program shall cease on if— ‘‘(A) for assistance in identifying and con- the date that is four years after the date of ‘‘(1) the dental services and treatment are tacting veterans who are homeless or at risk the commencement of the demonstration necessary for the veteran to successfully of homelessness; program. gain or regain employment; ‘‘(B) to coordinate appropriate outreach ‘‘(f) DEFINITIONS.—In this section: ‘‘(2) the dental services and treatment are activities with those organizations; and ‘‘(1) The term ‘eligible veteran’ means a necessary to alleviate pain; or ‘‘(C) to coordinate services provided to vet- veteran who— ‘‘(3) the dental services and treatment are erans with services provided by those organi- ‘‘(A) is a resident of a penal institution or necessary for treatment of moderate, severe, zations. an institution that provides long-term care or severe and complicated gingival and peri- ‘‘(f) SUBMISSION OF REPORT.—Not later for mental illness; odontal pathology. than two years after the date of the enact- ‘‘(B) is expected to be imminently released ‘‘(b) ELIGIBLE VETERANS.—Subsection (a) ment of this section, the Secretary shall sub- or discharged (as the case may be) from the applies to a veteran who is— mit to the Committees on Veterans’ Affairs facility or institution; and ‘‘(1) enrolled for care under section 1705(a) of the Senate and House of Representatives a ‘‘(C) is at risk for homelessness absent re- of this title; and report on the Secretary’s plan under sub- ferral and counseling services provided under ‘‘(2) who is receiving care (directly or by section (a), including goals and time lines for the program (as determined under guidelines contract) in any of the following settings: implementation of the plan for particular fa- established by the Secretaries). ‘‘(A) A domiciliary under section 1710 of cilities and service networks. ‘‘(2) The term ‘imminent’ means, with re- this title. ‘‘§ 2023. Demonstration program relating to spect to a release or discharge under para- ‘‘(B) A therapeutic residence under section referral and counseling for veterans graph (1)(B), the 60-day period that ends on 2032 of this title. transitioning from certain institutions who the date of such release or discharge. ‘‘(C) Community residential care coordi- are at risk for homelessness ‘‘SUBCHAPTER V—HOUSING ASSISTANCE nated by the Secretary of Veterans Affairs under section 1730 of this title. ‘‘(a) PROGRAM AUTHORITY.—The Secretary ‘‘§ 2042. Supported housing for veterans par- ‘‘(D) A setting for which the Secretary pro- and the Secretary of Labor (hereinafter in ticipating in compensated work therapies vides funds for a grant and per diem pro- this section referred to as the ‘Secretaries’) ‘‘The Secretary may authorize homeless vider. shall carry out a demonstration program for veterans in the compensated work therapy ‘‘(c) LIMITATION.—Dental benefits provided the purpose of determining the costs and program to be provided housing through the by reason of this section shall be a one-time benefits of providing referral and counseling therapeutic residence program under section course of dental care provided in the same services to eligible veterans with respect to 2032 of title or through grant and per diem manner as the dental benefits provided to a benefits and services available to such vet- providers under subchapter II of this chap- newly discharged veteran. erans under this title and under State law. ter. ‘‘(b) LOCATION OF DEMONSTRATION PRO- ‘‘§ 2063. Technical assistance grants for non- ‘‘§ 2043. Domiciliary care programs profit community-based groups GRAM.—The demonstration program shall be ‘‘(a) AUTHORITY.—The Secretary may es- carried out in at least six locations. One lo- ‘‘(a) GRANT PROGRAM.—The Secretary shall tablish up to 10 programs under section carry out a program to make technical as- cation shall be a penal institution under the 1710(b) of this title (in addition to any such jurisdiction of the Bureau of Prisons. sistance grants to nonprofit community- program that is established as of the date of based groups with experience in providing as- ‘‘(c) SCOPE OF PROGRAM.—(1) To the extent the enactment of this section) to provide practicable, the demonstration program sistance to homeless veterans in order to as- domiciliary services under such section to sist such groups in applying for grants under shall provide both referral and counseling, homeless veterans. and in the case of counseling, shall include this chapter and other grants relating to ad- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— dressing problems of homeless veterans. counseling with respect to job training and There are authorized to be appropriated to placement, housing, health care, and such ‘‘(b) FUNDING.—There is authorized to be the Secretary $5,000,000 for each of fiscal appropriated to the Secretary the amount of other benefits to assist the eligible veteran years 2003 and 2004 to establish the programs $750,000 for each of fiscal years 2002 through in the transition from institutional living. referred to in subsection (a). ‘‘(2)(A) To the extent that referral or coun- 2005 to carry out the program under this sec- ‘‘SUBCHAPTER VII—OTHER PROVISIONS seling services are provided at a location tion. under the program, referral services shall be ‘‘§ 2061. Grant program for homeless veterans ‘‘§ 2064. Annual report on assistance to home- provided in person during the 60-day period with special needs less veterans that precedes the date of release or discharge ‘‘(a) ESTABLISHMENT.—The Secretary shall ‘‘(a) ANNUAL REPORT.—Not later than April of the eligible veteran under subsection carry out a program to make grants to 15 of each year, the Secretary shall submit (f)(1)(B), and counseling services shall be fur- health care facilities of the Department and to the Committees on Veterans’ Affairs of nished after such date. to grant and per diem providers in order to the Senate and House of Representatives a ‘‘(B) The Secretaries may furnish to offi- encourage development by those facilities report on the activities of the Department cials of penal institutions outreach informa- and providers of programs targeted at meet- during the calendar year preceding the re- tion with respect to referral and counseling ing special needs within the population of port under programs of the Department services for presentation to veterans in the homeless veterans. under this chapter and other programs of the custody of such officials during the 18-month ‘‘(b) SPECIAL NEEDS.—For purposes of this Department for the provision of assistance period that precedes such date of release or section, homeless veterans with special to homeless veterans. discharge. needs include homeless veterans who— ‘‘(b) GENERAL CONTENTS OF REPORT.—Each ‘‘(3) The Secretaries may enter into con- ‘‘(1) are women; report under subsection (a) shall include the tracts to carry out the counseling required ‘‘(2) are 50 years of age or older; following: under the demonstration program with enti- ‘‘(3) are substance abusers; ‘‘(1) The number of homeless veterans pro- ties or organizations that meet such require- ‘‘(4) are persons with post-traumatic stress vided assistance under those programs. ments as the Secretaries may establish. disorder; ‘‘(2) The cost to the Department of pro- ‘‘(4) In developing the demonstration pro- ‘‘(5) are terminally ill; viding such assistance under those programs. gram, the Secretaries shall consult with offi- ‘‘(6) are chronically mentally ill; or ‘‘(3) Any other information on those pro- cials of the Bureau of Prisons, officials of ‘‘(7) have care of minor dependents or other grams and on the provision of such assist- penal institutions of States and political family members. ance that the Secretary considers appro- subdivisions of States, and such other offi- ‘‘(c) FUNDING.—(1) From amounts appropriate. cials as the Secretaries determine appropriated to the Department for ‘Medical Care’ ‘‘(4) The Secretary’s evaluation of the ef- priate. for each of fiscal years 2003, 2004, and 2005, fectiveness of the programs of the Depart- ‘‘(d) REPORT.—(1) Not later than two years the amount of $10,000,000 shall be available ment (including residential work-therapy after the commencement of the demonstra- for the purposes of the program under this programs, programs combining outreach, tion program, the Secretary (after consulta- section. community-based residential treatment, and tion with the Secretary of Labor) shall sub- ‘‘(2) The Secretary shall ensure that funds case-management, and contract care pro- mit to the Committees on Veterans’ Affairs for grants under this section are designated grams for alcohol and drug-dependence or of the Senate and the House of Representa- for the first three years of operation of the use disabilities) in providing assistance to tives a report on the program. program under this section as a special pur- homeless veterans. ‘‘(2) The report under paragraph (1) shall pose program for which funds are not allo- ‘‘(5) The Secretary’s evaluation of the ef- include the following: cated through the Veterans Equitable Re- fectiveness of programs established by re- ‘‘(A) A description of the implementation source Allocation system. cipients of grants under section 2011 of this and operation of the program. ‘‘§ 2062. Dental care title and a description of the experience of ‘‘(B) An evaluation of the effectiveness of ‘‘(a) IN GENERAL.—For purposes of section those recipients in applying for and receiv- the program. 1712(a)(1)(H) of this title, outpatient dental ing grants from the Secretary of Housing

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.028 pfrm04 PsN: H16PT1 H6818 CONGRESSIONAL RECORD — HOUSE October 16, 2001

and Urban Development to serve primarily ‘‘(3) The Committee shall— (b) HEALTH CARE.—(1) Subchapter VII of homeless persons who are veterans. ‘‘(A) review the continuum of services pro- chapter 17 is transferred to chapter 20 (as ‘‘(c) HEALTH CARE CONTENTS OF REPORT.— vided by the Department directly or by con- added by subsection (a)), inserted after sec- Each report under subsection (a) shall in- tract in order to define cross-cutting issues tion 2023 (as so added), and redesignated as clude the following with respect to programs and to improve coordination of all services subchapter IV, and sections 1771, 1772, 1773, of the Department addressing health care with the Department that are involved in ad- and 1774 therein are redesignated as sections needs of homeless veterans: dressing the special needs of homeless vet- 2031, 2032, 2033, and 2034, respectively. ‘‘(1) Information about expenditures, costs, erans; (2) Subsection (a)(3) of section 2031, as so and workload under the program of the De- ‘‘(B) identify (through the annual assess- transferred and redesignated, is amended by partment known as the Health Care for ments under section 2034 of this title and striking ‘‘section 1772 of this title’’ and in- Homeless Veterans program (HCHV). other available resources) gaps in programs serting ‘‘section 2032 of this title’’. ‘‘(2) Information about the veterans con- of the Department in serving homeless vet- (c) HOUSING ASSISTANCE.—Section 3735 is tacted through that program. erans, including identification of geographic transferred to chapter 20 (as added by subsection (a)), inserted after the heading for ‘‘(3) Information about processes under areas with unmet needs, and provide rec- subchapter V, and redesignated as section that program. ommendations to address those program 2041. ‘‘(4) Information about program treatment gaps; ‘‘(C) identify gaps in existing information (d) MULTIFAMILY TRANSITIONAL HOUSING.— outcomes under that program. (1) Subchapter VI of chapter 37 (other than systems on homeless veterans, both within ‘‘(5) Information about supported housing section 3771) is transferred to chapter 20 (as and outside of the Department, and provide programs. added by subsection (a)) and inserted after recommendations about redressing problems ‘‘(6) Information about the Department’s section 2043 (as added by subsection (a)), and in data collection; grant and per diem provider program under sections 3772, 3773, 3774, and 3775 therein are ‘‘(D) identify barriers under existing laws subchapter II of this chapter. redesignated as sections 2051, 2052, 2053, and and policies to effective coordination by the ‘‘(7) Other information the Secretary con- 2054, respectively. siders relevant in assessing the program. Department with other Federal agencies and (2) Such subchapter is amended— with State and local agencies addressing ‘‘§ 2065. Advisory Committee on Homeless (A) in the heading, by striking ‘‘FOR homeless populations; Veterans HOMELESS VETERANS’’; ‘‘(E) identify opportunities for increased li- ‘‘(a)(1) There is established in the Depart- (B) in subsection (d)(1) of section 2051, as so aison by the Department with nongovern- transferred and redesignated, by striking ment the Advisory Committee on Homeless mental organizations and individual groups ‘‘section 3773 of this title’’ and inserting Veterans (hereinafter in this section referred addressing homeless populations; ‘‘section 2052 of this title’’; and to as the ‘Committee’). ‘‘(F) with appropriate officials of the De- (C) in subsection (a) of section 2052, as so ‘‘(2) The Committee shall consist of not partment designated by the Secretary, par- transferred and redesignated, by striking more than 15 members appointed by the Sec- ticipate with the Interagency Council on the ‘‘section 3772 of this title’’ and inserting retary from among the following: Homeless under title II of the McKinney- ‘‘section 2051 of this title’’. ‘‘(A) Veterans service organizations. Vento Homeless Assistance Act (42 U.S.C. ‘‘(B) Advocates of homeless veterans and (3) Section 3771 is repealed. 11311 et seq.); (e) REPEAL OF CODIFIED PROVISIONS.—The other homeless individuals. ‘‘(G) recommend appropriate funding levels following provisions of law are repealed: ‘‘(C) Community-based providers of serv- for specialized programs for homeless vet- (1) Sections 3, 4, and 12 of the Homeless ices to homeless individuals. erans provided or funded by the Department; Veterans Comprehensive Service Programs ‘‘(D) Previously homeless veterans. ‘‘(H) recommend appropriate placement op- Act of 1992 (Public Law 102–590; 38 U.S.C. 7721 ‘‘(E) State veterans affairs officials. tions for veterans who, because of advanced note). ‘‘(F) Experts in the treatment of individ- age, frailty, or severe mental illness, may (2) Section 1001 of the Veterans’ Benefits uals with mental illness. not be appropriate candidates for vocational Improvements Act of 1994 (Public Law 103– ‘‘(G) Experts in the treatment of substance rehabilitation or independent living; and 446; 38 U.S.C. 7721 note). use disorders. ‘‘(I) perform such other functions as the (3) Section 4111. ‘‘(H) Experts in the development of perma- Secretary may direct. (4) Section 738 of the McKinney-Vento nent housing alternatives for lower income ‘‘(c)(1) Not later than March 31 of each Homeless Assistance Act (42 U.S.C. 11448). populations. year, the Committee shall submit to the Sec- (f) EXTENSION OF EXPIRING AUTHORITIES.— retary a report on the programs and activi- ‘‘(I) Experts in vocational rehabilitation. Subsection (b) of section 2031, as redesig- ties of the Department that relate to home- ‘‘(J) Such other organizations or groups as nated by subsection (b)(1), and subsection (d) less veterans. Each such report shall the Secretary considers appropriate. of section 2033, as so redesignated, are include— ‘‘(3) The Committee shall include, as ex amended by striking ‘‘December 31, 2001’’ and ‘‘(A) an assessment of the needs of home- officio members— inserting ‘‘December 31, 2006’’. ‘‘(A) the Secretary of Labor (or a rep- less veterans; (g) CLERICAL AMENDMENTS.— resentative of the Secretary selected after ‘‘(B) a review of the programs and activi- (1) The table of sections at the beginning of consultation with the Assistant Secretary of ties of the Department designed to meet chapter 17 is amended by striking the item Labor for Veterans’ Employment); such needs; relating to subchapter VII and the items re- ‘‘(B) the Secretary of Defense (or a rep- ‘‘(C) a review of the activities of the Com- lating to sections 1771, 1772, 1773, and 1774. resentative of the Secretary); mittee; and (2) The table of sections at the beginning of ‘‘(C) the Secretary of Health and Human ‘‘(D) such recommendations (including rec- chapter 37 is amended— ommendations for administrative and legis- Services (or a representative of the Sec- (A) by striking the item relating to section lative action) as the Committee considers retary); and 3735; and appropriate. ‘‘(D) the Secretary of Housing and Urban (B) by striking the item relating to sub- ‘‘(2) Not later than 90 days after the receipt Development (or a representative of the Sec- chapter VI and the items relating to sections retary). of a report under paragraph (1), the Sec- retary shall transmit to the Committees on 3771, 3772, 3773, 3774, and 3775. ‘‘(4) The Secretary shall determine the (3) The table of sections at the beginning of terms of service and pay and allowances of Veterans’ Affairs of the Senate and House of Representatives a copy of the report, to- chapter 41 is amended by striking the item the members of the Committee, except that relating to section 4111. a term of service may not exceed three gether with any comments and recommendations concerning the report that the Sec- SEC. 6. EVALUATION OF HOMELESS PROGRAMS. years. The Secretary may reappoint any retary considers appropriate. (a) EVALUATION CENTERS.—The Secretary member for additional terms of service. ‘‘(3) The Committee may also submit to of Veterans Affairs shall support the con- ‘‘(b)(1) The Secretary shall, on a regular the Secretary such other reports and rec- tinuation within the Department of Veterans basis, consult with and seek the advice of the ommendations as the Committee considers Affairs of at least one center for evaluation Committee with respect to the provision by appropriate. to monitor the structure, process, and out- the Department of benefits and services to ‘‘(4) The Secretary shall submit with each come of programs of the Department of Vet- homeless veterans. annual report submitted to the Congress pur- erans Affairs that address homeless veterans. ‘‘(2)(A) In providing advice to the Sec- suant to section 529 of this title a summary (b) ANNUAL PROGRAM ASSESSMENT.—Sec- retary under this subsection, the Committee of all reports and recommendations of the tion 2034(b), as transferred and redesignated shall— Committee submitted to the Secretary since by section 5(b)(1), is amended— ‘‘(i) assemble and review information relat- the previous annual report of the Secretary (1) by inserting ‘‘annual’’ in paragraph (1) ing to the needs of homeless veterans; submitted pursuant to that section. after ‘‘to make an’’; and ‘‘(ii) provide an on-going assessment of the ‘‘(d) The Committee shall cease to exist (2) by adding at the end the following new effectiveness of the policies, organizational December 31, 2006.’’. paragraph: structures, and services of the Department (2) The tables of chapters before part I and ‘‘(6) The Secretary shall review each an- in assisting homeless veterans; and at the beginning of part II are each amended nual assessment under this subsection and ‘‘(iii) provide on-going advice on the most by inserting after the item relating to chap- shall consolidate the findings and conclu- appropriate means of providing assistance to ter 19 the following new item: sions of those assessments into an annual re- homeless veterans. ‘‘20. Benefits for Homeless Veterans .. 2001’’. port to be submitted to Congress.’’.

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.028 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6819 SEC. 7. STUDY OF OUTCOME EFFECTIVENESS OF PROPERTIES USED TO SERVE HOMELESS VET- Mr. Speaker, the Department of Vet- GRANT PROGRAM FOR HOMELESS ERANS.—Section 8162(b)(1) is amended— erans Affairs estimates that there are VETERANS WITH SPECIAL NEEDS. (1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; and (a) STUDY.—The Secretary of Veterans Af- 225,000 homeless veterans living on the (2) by adding at the end the following: streets on any given night. Other orga- fairs shall conduct a study of the effective- ‘‘(B) In the case of a property that the Sec- ness during fiscal year 2002 through fiscal retary determines is appropriate for use as a nizations, VSOs, believe that the num- year 2004 of the grant program under section facility to furnish services to homeless vet- ber is higher, closer to 300,000. Either 2061 of title 38, United States Code, as added erans under chapter 20 of this title, the Sec- number is far, far too high and a na- by section 5(a), in meeting the needs of retary may enter into an enhanced-use lease tional travesty. homeless veterans with special needs (as without regard to the selection procedures For these veterans, access to VA ben- specified in that section). As part of the required under subparagraph (A).’’. efits, specialized services and effective study, the Secretary shall compare the re- (c) EFFECTIVE DATE.—The amendments outreach are vital components to any sults of programs carried out under that sec- made by subsection (b) shall apply to leases hope of individual stability and im- tion, in terms of veterans’ satisfaction, entered into on or after the date of the en- health status, reduction in addiction sever- actment of this Act. provement in their prospects. The leg- ity, housing, and encouragement of produc- SEC. 11. MEETINGS OF INTERAGENCY COUNCIL islation before the House today, H.R. tive activity, with results for similar vet- ON HOMELESS. 2716, is designed to provide assistance erans in programs of the Department or of Section 202(c) of the McKinney-Vento to these men and women, with a na- grant and per diem providers that are de- Homeless Assistance Act (42 U.S.C. 11312(c)) tional goal of ending chronic homeless- signed to meet the general needs of homeless is amended to read as follows: ness among veterans within 10 years. veterans. ‘‘(c) MEETINGS.—The Council shall meet at Mr. Speaker, legislation is about (b) REPORT.—Not later than March 31, 2005, the call of its Chairperson or a majority of the Secretary shall submit to the Commit- more than programs and regulations; it its members, but not less often than annu- is about real people. Let me spend just tees on Veterans’ Affairs of the Senate and ally.’’. a moment describing to the House the House of Representatives a report setting SEC. 12. RENTAL ASSISTANCE VOUCHERS FOR forth the results of the study under sub- HUD VETERANS AFFAIRS SUP- remarkable life of one, just one, but a section (a). PORTED HOUSING PROGRAM. very, very important guy, who had his SEC. 8. ADDITIONAL PROGRAMMATIC EXPAN- Section 8(o) of the United States Housing life changed because of the VA. It made SIONS. Act of 1937 (42 U.S.C. 1437f(o)) is amended by a major difference in his life. (a) ACCESS TO MENTAL HEALTH SERVICES.— adding at the end the following new para- Stuart Alan Collick is a 39-year-old Section 1706 is amended by adding at the end graph: veteran from my State of New Jersey. the following new subsection: ‘‘(19) RENTAL VOUCHERS FOR VETERANS AF- Last month he appeared before the ‘‘(c) The Secretary shall develop standards FAIRS SUPPORTED HOUSING PROGRAM.— to ensure that mental health services are ‘‘(A) SET ASIDE.—Subject to subparagraph Committee on Veterans’ Affairs to tell available to veterans in a manner similar to (C), the Secretary shall set aside, from his story. Stuart joined the all-volun- the manner in which primary care is avail- amounts made available for rental assist- teer army at the age of 23 and told us able to veterans who require services by en- ance under this subsection, the amounts he could not think of any higher call- suring that each primary care health care fa- specified in subparagraph (B) for use only for ing than to serve his country, and he cility of the Department has a mental health providing such assistance through a sup- did it with distinction. Stuart had treatment capacity.’’. ported housing program administered in con- combat service in Grenada, and later (b) COMPREHENSIVE HOMELESS SERVICES junction with the Department of Veterans distinguished himself as an infantry- PROGRAM.—Subsection (b) of section 2033, as Affairs. Such program shall provide rental transferred and redesignated by section assistance on behalf of homeless veterans man in the Persian Gulf War. He holds 5(b)(1), is amended— who have chronic mental illnesses or chronic the Army Service Ribbon with three (1) by striking ‘‘not fewer’’ in the first sen- substance use disorders, shall require agree- Oak Leaf Clusters, the Southwest Asia tence and all that follows through ‘‘services) ment of the veteran to continued treatment Service Ribbon, three Bronze Stars, at’’; and for such mental illness or substance use dis- and three Good Conduct Medals, and (2) by adding at the end the following new order as a condition of receipt of such rental the Combat Infantryman’s Badge, sentence: ‘‘The Secretary shall carry out the assistance, and shall ensure such treatment among other official recognition. He program under this section in sites in at and appropriate case management for each served, as I said, with distinction; and least each of the 20 largest metropolitan sta- veteran receiving such rental assistance. tistical areas.’’. ‘‘(B) AMOUNT.—The amount specified in he did his duty. (c) OPIOID SUBSTITUTION THERAPY.—Section this subparagraph is— But, as you know, combat is an ex- 1720A is amended by adding at the end the ‘‘(i) for fiscal year 2003, the amount nec- tremely unpleasant and a very terrible following new subsection: essary to provide 500 vouchers for rental as- experience for many and leaves scars ‘‘(d) The Secretary shall ensure that opioid sistance under this subsection; that sometimes do not heal. Mr. substitution therapy is available at each De- ‘‘(ii) for fiscal year 2004, the amount nec- Collick left the Army in 1992 a disillu- partment medical center.’’. essary to provide 1,000 vouchers for rental as- sioned man and he began drinking, and SEC. 9. COORDINATION OF EMPLOYMENT SERV- sistance under this subsection; then he turned to hard drug use. With- ICES. ‘‘(iii) for fiscal year 2005, the amount nec- in 5 years of discharge, he had lost his essary to provide 1,500 vouchers for rental as- (a) DISABLED VETERANS’ OUTREACH PRO- job, his family and his home, and was GRAM.—Section 4103A(c) is amended by add- sistance under this subsection; and ing at the end the following new paragraph: ‘‘(iv) for fiscal year 2006, the amount nec- on the streets. His life, like that of ‘‘(11) Coordination of services provided to essary to provide 2,000 vouchers for rental as- many other homeless addicted vet- veterans with training assistance provided to sistance under this subsection. erans, was in chaos. veterans by entities receiving financial as- ‘‘(C) FUNDING THROUGH INCREMENTAL AS- Last year, Mr. Collick found the VA sistance under section 2021 of this title.’’. SISTANCE.—In any fiscal year, to the extent Homeless Assistance Program of New (b) LOCAL VETERANS’ EMPLOYMENT REP- that this paragraph requires the Secretary Jersey. With the VA’s help and with his RESENTATIVES.—Section 4104(b) is amended to set aside rental assistance amounts for faith, he turned his life around, finding use under this paragraph in an amount that by adding at the end the following new para- new ways to cope. He found a job and graph: exceeds that set aside in the preceding fiscal ‘‘(13) Coordinate services provided to vet- year, such requirement shall be effective his own apartment. He developed new erans with training assistance for veterans only to such extent or in such amounts as friendships and reestablished relation- provided by entities receiving financial as- are or have been provided in appropriation ships with his family, which had been sistance under section 2021 of this title.’’. Acts for such fiscal year for incremental severed. SEC. 10. USE OF REAL PROPERTY. rental assistance under this subsection.’’. Today Mr. Collick is working as a (a) LIMITATION ON DECLARING PROPERTY The SPEAKER pro tempore. Pursu- carpenter and a foreman on the VA’s EXCESS TO THE NEEDS OF THE DEPARTMENT.— ant to the rule, the gentleman from veterans construction team at Lyons, Section 8122(d) is amended by inserting be- New Jersey (Mr. SMITH) and the gen- New Jersey, helping to build a commer- fore the period at the end the following: ‘‘and tleman from Illinois (Mr. EVANS) each cial greenhouse and teaching other vet- is not suitable for use for the provision of will control 20 minutes. erans how to build something positive, services to homeless veterans by the Depart- The Chair recognizes the gentleman showing them by his own personal ex- ment or by another entity under an enhanced-use lease of such property under sec- from New Jersey (Mr. SMITH). ample that there is hope. Today Mr. tion 8162 of this title’’. Mr. SMITH of New Jersey. Mr. Collick is a role model. He is an inspi- (b) WAIVER OF COMPETITIVE SELECTION Speaker, I yield myself such time as I ration to his fellow veterans in early PROCESS FOR ENHANCED-USE LEASES FOR may consume. recovery and drawing strength from his

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.028 pfrm04 PsN: H16PT1 H6820 CONGRESSIONAL RECORD — HOUSE October 16, 2001 own experiences in the Army and in his It also provides a new mechanism for U.S. HOUSE OF REPRESENTATIVES, life. setting per diem payment so it will be COMMITTEE ON VETERANS’ AFFAIRS, This is what this bill is all about. adjusted on a regular basis. Washington, DC, October 12, 2001. The VA’s construction project is a plan Working, as we all know, is an impor- Hon. MICHAEL G. OXLEY, Chairman, Committee on Financial Services, of the innovative leader of New Jer- tant key to helping homeless veterans Rayburn House Office Building, Wash- sey’s Homeless Assistance Program for rejoin American society, but employ- ington, DC. Veterans, John Kuhn, who also testi- ment is not possible unless a veteran DEAR CHAIRMAN OXLEY: Thank you for fied at our hearing and is doing a mag- has access to quality medical care and your letter regarding your Committee’s ju- nificent job; and he testified with a few other supportive services. Safe and risdictional interest in H.R. 2716, the ‘‘Stuart other veterans who, likewise, told their drug-free housing is equally important. Collick-Heather French Henry Homeless The Department of Labor’s Homeless Veterans Assistance Act’’. stories of being down at the bottom, I acknowledge your committee’s jurisdic- but finding hope and finding that life- Veterans Reintegration Program was tional interest in this legislation and appre- saver from the VA. designed to put homeless veterans back ciate your cooperation in moving the bill to Mr. Speaker, it is difficult to pin- into the labor force. H.R. 2716 extends the House floor expeditiously. I agree that point any one cause of homelessness and increases the authorization level your decision to forego further action on the among our veterans. Readjustment to $250 million over 5 years for this bill will not prejudice the Committee on Fi- problems are often associated with di- very effective program. nancial Services with respect to its jurisdic- rect exposure to combat, such as Mr. As I indicated, prevention of home- tional prerogatives on this or similar legisla- lessness among veterans is an impor- tion. I will include a copy of your letter and Collick’s case, and that of thousands, this response in the Committee’s report on tens of thousands, of others like him, tant objective of our bill. H.R. 2716 au- the bill and the Congressional Record when who returned to a seemingly uncaring thorizes a demonstration program to the legislation is considered by the House. society. learn whether earlier intervention can Thank you again for your cooperation. Also we know that the majority of prevent homelessness among formerly Sincerely, homeless veterans suffer from mental institutionalized veterans. The pro- CHRISTOPHER H. SMITH, illness, including posttraumatic stress gram would be carried out at six dem- Chairman. disorder. Illegal substance abuse often onstration sites, one of which would be U.S. HOUSE OF REPRESENTATIVES, complicates their situations. Some with the Bureau of Prisons facilities. COMMITTEE ON FINANCIAL SERVICES, have even served time in jail. The purpose of this program is to pro- Washington, DC, October 11, 2001. A veteran with an impaired mental vide incarcerated veterans with refer- Hon. CHRISTOPHER H. SMITH, state often loses the ability to main- ral and counseling about job training, Chairman, Committee on Veterans’ Affairs, tain stable employment. Absent em- housing, health care and other needs Cannon House Office Building, Wash- ployment, it eventually becomes dif- determined necessary to assist the vet- ington, DC. ficult to maintain any type of perma- DEAR CHAIRMAN SMITH: I understand that eran in transition from institutional- the Committee on Veterans’ Affairs recently nent housing. The vicious cycle can ized living to civil life. ordered H.R. 2716, the Stuart Collick-Heather only accelerate once employment and Mr. Speaker, these are just some of French Henry Homeless Veterans Assistance housing are lost. The absence of these the highlights of our comprehensive Act, reported to the House. As you know, the two important anchors, employment bill, the Stuart Collick-Heather French Committee on Financial Services was grant- and housing, is a precursor for in- Henry Homeless Veterans’ Assistance ed an additional referral upon the bill’s increased utilization of medical re- Act. I believe the bill accomplishes sev- troduction pursuant to the Committee’s ju- sources and emergency rooms, VA and eral very important and interrelated risdiction over housing under rule X of the Rules of the House of Representatives. other public hospitals, and, unfortu- goals. It will provide needed assistance Because of the importance of this matter, nately, the resources of America’s to homeless veterans, lift them to a I recognize your desire to bring this legisla- courtrooms, jails and prisons as well. sustainable level that will prevent tion before the House in an expeditious man- That is why our legislation takes a them from returning to a state of ner and will waive consideration of the bill comprehensive and multifaceted ap- homelessness, and help them to become by the Financial Services Committee. By proach to addressing chronic homeless- self-sufficient individuals who are ac- agreeing to waive its consideration of the ness among veterans, concentrating countable for their own actions. bill, the Financial Services Committee does not waive its jurisdiction over H.R. 2716. In the resources of Federal agencies in This bill will also hold all grant and addition, the Committee on Financial Serv- this campaign. For example, H.R. 2716 contract recipients accountable for ices reserves its authority to seek conferees authorizes 2,000 additional HUD section performing their promised services in on any provisions of the bill that are within 8 low-income housing vouchers phased exchange for government investments the Financial Services Committee’s jurisdic- in over 4 years for homeless veterans in and promote a greater opportunity to tion during any House-Senate conference need of permanent housing. These vet- work across Departments to provide that may be convened on this legislation. I erans must be enrolled in the VA the best possible service for our Na- ask your commitment to support any request by the Committee on Financial Serv- health care, and priority will be given tion’s homeless veterans. It also spon- ices for conferees on H.R. 2716 or related leg- to veterans under care for mental ill- sors innovative approaches at preven- islation. nesses or substance abuse disorders. tion of homelessness in high-risk I request that you include this letter and This is a modest proposal that, if suc- groups within the veterans population. your response as part of the Congressional cessful, I hope will be increased sub- Mr. Speaker, I want to take this op- Record during consideration of the legisla- stantially going forward into the fu- portunity to thank my very good tion on the House floor. friend and colleague, the gentleman Thank you for your attention to these ture. matters. H.R. 2617 also authorizes $10 million from Illinois (Mr. EVANS), the commit- Sincerely, over 2 years for 10 new Domiciliary for tee’s ranking member, for a bill he in- MICHAEL G. OXLEY, Homeless Veterans programs. These troduced earlier, H.R. 936, to improve Chairman. programs, like the one at Lyons, New Homeless Veterans Assistance Pro- Mr. Speaker, I reserve the balance of Jersey, helped Stuart Collick. Again, it grams. The gentleman and his staff my time. was his lifeline; and they have proven have worked in good faith with me and Mr. EVANS. Mr. Speaker, I yield my- to be highly effective, and we need to my staff in fashioning a bill that is self such time as I may consume. have more. truly a bipartisan bill that has taken (Mr. EVANS asked and was given The bill improves and expands the many elements that are out there, permission to revise and extend his re- VA’s homeless grant and per diem pro- made those that are already working marks, and include extraneous mate- gram. Currently, recipients of these hopefully more responsive, hopefully, rial.) funds are already contributing substan- and, as this bill would do, provide addi- Mr. EVANS. Mr. Speaker, I salute tially to the fulfillment of this bill’s tional resources for them. I do hope the gentleman from New Jersey (Chair- objective, to reduce homelessness and that this will move through the House man SMITH) as well. He has done excel- provide for the special needs of home- and obviously to the Senate. lent work in bringing this bill about on less veterans. This bill authorizes $285 Mr. Speaker, I add the following for a very short basis. We know the gen- million over 4 years for that program. the RECORD. tleman has outlined it pretty well. I

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.064 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6821 wanted to just offer a few random who have served this country, men and erans, we cannot forget the quarter of thoughts. women who have risked their lives here a million, the 350,000 that are on the Mr. Speaker, we were all horrified by and abroad to give our Nation freedom, streets tonight. the devastation caused at the World and yet, for a variety of reasons, they So this bill is a step, a major step, a Trade Center in New York and the Pen- are homeless tonight. big step in the direction of bringing tagon, as well as the tragic loss of in- It is a disgrace that this Nation al- those programs together and telling nocent life in Pennsylvania which also lows this to occur, and it is especially the Nation that we are going to get rid occurred. Since these senseless acts of a disgrace that as we are moving more of this problem. I hope that this bill terrorism, our service members have men and women into harm’s way, as we does not become just a bill that au- been called to put their lives on the fight this war of the 21st century, we thorizes some programs, that this is a line once again. have their forbears on the street and bill that is funded, fully funded to take Many of us have paused to take stock not able to participate fully in Amer- care of people who have taken care of of how America treats their fallen he- ican life. us. We can no longer tolerate this in roes, our veterans. Fortunately, we b 1630 America. I ask my colleagues not only have a measure before us today that re- to pass this bill, but to fight in the ap- flects the appreciation of a grateful We know we can change this situa- propriations process for money and to Nation. This bipartisan legislation we tion. take any step that must be taken after brought to the House floor today will Many of my colleagues have been to this to address the issues that we know benefit our homeless veterans. what is referred to as stand-downs have to be addressed. Originally, I had introduced com- around the Nation. The first one hap- Mr. Speaker, this is not rocket prehensive homeless veterans legisla- pened in my hometown of San Diego in science. We know what to do. We know tion in the 106th Congress. Earlier this 1987 and I have been at every one of how to bring the resources together. year I again introduced comprehensive them since. The first 10 or so stand- The community does that in San Diego legislation, which received the support downs that I went to were immensely and virtually in every major city and of more than 130 bipartisan cosponsors, moving. What we saw is that people other small towns across this country H.R. 936, as its predecessor was named, who had been fearful and without any during the stand-downs. Let us make to honor the contributions of Miss kind of roots in the community were this bill a stand-down for 365 days a America 2000 Heather French Henry on able to come together, be together for year where veterans of our Nation, the behalf of the homeless veterans in our 3 days, and the whole community was heroes of our Nation, can get the help country. supporting them and brought in re- they need and return to our society as During her years of service as Miss sources that allowed them to be human productive members. Once again, Mr. America, she was an untiring advocate beings again, and it gave them the re- Speaker, I thank the gentleman from for our Nation’s veterans and suc- sources, in fact, to take and become New Jersey (Mr. SMITH) and I thank ceeded as no one else in increasing pub- part of society once more. There was the gentleman from Illinois (Mr. lic awareness about this issue. She edu- legal advice. There was medical advice. EVANS). We are going to take care of cated the American people as a result There was job counseling. There were our heroes. and gave hope to those in need. She is dentists. There were clothes. There was Mr. SMITH of New Jersey. Mr. the daughter of a combat-wounded vet- food. There was mental health coun- Speaker, I yield myself 1 minute, just eran whom she accompanied to the VA seling, drug abuse counseling. But, to thank the gentleman from Cali- for his medical care. Her uncle was also most of all, there was fellowship and fornia (Mr. FILNER) for his kind re- a combat veteran who became home- comradeship, and the sense that these, marks and also to make note that the less after his service to our Nation. She our Nation’s veterans, can be cared for gentleman from Kansas (Mr. MORAN), advocated on behalf of homeless vet- once the community decided to do so. the chairman of our Subcommittee on erans with sensitivity and compassion, Well, I went to those stand-downs for Health, was very, very helpful in and I thank her for her contributions. a decade, moved by the results and crafting this legislation. He is not here H.R. 936 addressed some of the most moved by the stories that I heard, but today because he is at the White pragmatic hurdles I believe homeless then I said, we have learned from these House, or he would be here. veterans face in re-attaining optimum stand-downs that we can solve the Mr. Speaker, I yield such time as he independence and productivity. Many problem. For 3 days we have given may consume to the gentleman from of the building blocks for homeless vet- these men and women something to Connecticut (Mr. SIMMONS), a member erans’ programs are contained in the hope for and something to share and a of the committee and a Vietnam vet- VA’s mental health infrastructure, but way out of their predicament, but what eran himself. there is not enough vital substance happens to the other 362 days? Why (Mr. SIMMONS asked and was given abuse and mental health care programs does this country not care for those permission to revise and extend his re- to help our veterans on to the path of veterans, our veterans, the other 362 marks.) sobriety and increased functionality. days? I said, I am tired of going to Mr. SIMMONS. Mr. Speaker, I rise in I believe that H.R. 2716, as amended, stand-downs. What we have to do as a full and complete support of the Home- will help us address these deficits and Nation is bring all of those programs less Veterans Assistance Act. First and help balance and improve the VA’s pro- together and deal with these heroes of foremost, this is a bipartisan bill. I gram for homeless veterans. our society. think that is incredibly important. Mr. Speaker, I yield such time as he That is what the chairman of the During consideration of this bill and may consume to the gentleman from Committee on Veterans’ Affairs is at- its various parts within the Committee California (Mr. FILNER). tempting to do with this bill, and that on Veterans’ Affairs, there were some Mr. FILNER. Mr. Speaker, I thank is what the ranking member, the gen- occasional disagreements, but these the ranking member, the gentleman tleman from Illinois, (Mr. EVANS), with were all resolved on a bipartisan basis from Illinois (Mr. EVANS), for his long his contributions and his original bill, and all of the various elements of this years of activity on behalf of the home- have attempted to do. They have at- bill came together so that when this less veterans in this Nation, and the tempted to bring the different pro- bill ultimately was marked up and re- gentleman from New Jersey (Chairman grams together that we know work ported out of committee, my recollec- SMITH), who brings his passion to this around medical care, around housing, tion is that it was unanimous and in activity; and when the gentleman from around job development, around sub- fact, I am certain it was unanimous. I New Jersey (Chairman SMITH) brings stance abuse and alcohol counseling think that is an important part of why passion to any area, he succeeds. I but, most of all, around the concept this is a good bill and why this bill de- thank the gentleman for bringing his that this Nation is not going to let vet- serves our support. intensity to this bill and to this issue. erans languish on the streets of our I believe that all bills dealing with Mr. Speaker, it is disgraceful that in country. We have had enough of this. veterans should be bipartisan, because this Nation, 250,000 to 350,000 veterans As we are sending new folks into bat- their service to their country is not are on the street every night; people tle, and as we are creating new vet- based on a partisan consideration.

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.066 pfrm04 PsN: H16PT1 H6822 CONGRESSIONAL RECORD — HOUSE October 16, 2001 When you are in the field, when you Counsel and Chief of Staff; John Brad- ing this shameful situation in our country. are on the frontline, when you are in a ley, Kimberly Cowins, Greg Car- Among several other provisions included in foxhole, when you are flying an air- michael, Kingston Smith, Jeannie this bill, H.R. 2716 authorizes 2,000 additional plane, when you are on an aircraft car- McNally, Summer Larson, Darryl HUD section 8 low-income housing vouchers rier or submarine, you do not ask the Kehrer, Paige McManus, Peter over 4 years for homeless veterans, estab- party affiliation of your comrade in Dickenson, Devon Seibert, Jerry Tan lishes a grant program for homeless veterans arms. It does not matter. What matters and Art Wu, and the ranking member’s with special needs, and establishes a limited is that you are serving a great Nation staff, including Mike Dunishin and dental provision for veterans using VA home- and you should be rewarded for your Susan Edgerton, all of whom played less programs. In addition, H.R. 2716 estab- service because you did serve a great major roles in crafting this legislation. lishes evaluation centers for programs that Nation, and that should be bipartisan. I want to express my sincerest grati- serve homeless populations and requires an- I will also note that this bill, in ad- tude. nual program assessments to be submitted to dressing the issue of homelessness, sets Mr. Speaker, this truly is a bipar- Congress. These are just a few of the many a national goal to eliminate homeless- tisan bill. We really want to end the critical provisions in H.R. 2716 that will help ness among veterans in 10 years, in 10 horrific tragedy of homelessness for eliminate the problem of chronic homeless- years. I think that is an important our veterans, end it for everyone, but ness among veterans. I ask my colleagues to goal, and I think that is a goal that we first and foremost, those who served join me in support of this important legislation should work towards. this country. for the men and women who have sacrificed It also provides veterans and home- Mr. MORAN of Kansas. Mr. Speaker, the so much in defense of liberty and democracy. less veterans, especially those with homeless assistance bill before the House Mr. GILMAN. Mr. Speaker, I rise today in mental issues, priority when it comes today is a bipartisan product. The Committee strong support of H.R. 2716, the Homeless to the benefits of this bill. I think that has combined the best elements of the Chair- Veterans Assistance Act of 2001. I urge my is a very important thing to consider. I man’s bill, H.R. 2716, the Homeless Veterans colleagues to join in supporting this timely ap- left Vietnam in 1972. My last tour in Assistance Act of 2001, with those of Mr. propriate legislation. Vietnam ended in 1972. That was al- Evans’ bill, H.R. 936, and I believe our efforts This legislation authorizes, in addition to the most 30 years ago. Here we are 30 years will make a major impact in stemming home- current existing program, 500 Department of later, and there are still Vietnam vet- lessness in the veteran population. Housing and Urban Development low-income erans on the streets of our cities home- This legislation incorporates accountability, housing vouchers per year for the next 4 less in our communities across this innovation, prevention, and funding programs years. Along with this, the bill also requires the country. Thirty years after the war is that work to reduce homelessness. I believe Veterans Health Administration to increase the over, and there are still homeless vet- these are the right tools, and this is the right number of caseworkers so that all veterans erans. moment, for us to make a concerted effort to who receive such a housing voucher can be The problem is that the issue of help our homeless veterans. seen by a case manager. homelessness with veterans goes be- I want to thank Mr. FILNER and Mr. EVANS The legislation also requires the VA to en- yond simply providing a house, a place for their excellent work to bring this consensus sure the accuracy of its reporting system on: to live, a structure. One cannot be bill to the House floor today. I congratulate the the demand for services by homeless vet- happy in a house if one is not happy in Chairman of our full Committee, Ranking erans, the level of understanding among grant one’s own heart or in one’s own head. Member EVANS and other Members who have recipients of their responsibility to serve home- For many of these veterans, we have to worked on this bill for their substantial con- less veterans, and the development of an get to the issues of their heart and tribution to an effort to finally solve this vexing evaluation system to analyze the progress of their head before we can find a home problem. The latest count of homeless vet- veterans enrolled in the program, and on the for them. erans totals over 225,000. Those of us who overall effectiveness of the various homeless That is exactly what this legislation are comfortable in our lives have no idea how programs. The Secretary is also given the au- does. It partners the veteran with peo- horrible these veterans lives are. Access to thority to rescind or recover homeless grant ple in various bureaucracies, various VA benefits, specialized services and effective funds from those programs that fail to meet elements of the administration, var- outreach are vital components to any hope their established guidelines for using such ious aspects of the Committee on Vet- these individuals have in changing their lives. money with relation to offering services to erans’ Affairs so that this veteran can This bill can help our country’s veterans re- homeless veterans. actually come home in his heart and in turn to a state of self-sufficiency, accountable In terms of specific funding, the bill provides his head to a home. for their own actions, with life skills to cope. $60 million for fiscal year 2002 for the Depart- For these reasons, Mr. Speaker, I Our goal is to eliminate chronic homelessness ment of Veterans Affairs Homeless Grant and support this bill, and I thank the gen- among veterans within ten years. By voting for Per Diem Program, and raises this amount to tleman from New Jersey (Mr. SMITH), this bill we take the first step in obtaining our $75 million for fiscal years 2003–2005. More- the chairman of our committee, and goal of reducing our homeless veteran popu- over, it also directs the VA Secretary to estab- the gentleman from Illinois (Mr. lation. Also, some of our efforts may serve as lish 10 new domiciliary for homeless veterans EVANS), the ranking member, and the models for homeless assistance programs for programs, and authorizes $5 million per year members of the committee for their others. for this purpose beginning in 2003. fine work on this bill. Mr. Speaker, our veterans cannot wait any Finally, the legislation strengthens and ex- Mr. EVANS. Mr. Speaker, I have no longer for us to take action on this problem. pands job training and counseling services of- further requests for time, and I yield Homeless veterans need assistance today; fered through the Department of Labor’s back the balance of my time. they need our help. Please support this meas- Homeless Veterans Reintegration Program. Mr. SMITH of New Jersey. Mr. ure. Additional services are authorized through the Speaker, I yield myself such time as I Mr. UDALL of New Mexico. Mr. Speaker, I creation of a demonstration project in six loca- may consume just to conclude. rise today in strong support of H.R. 2716, the tions for veterans in institutional confinement, At the end of every movie we always James Drappeaux-Stuart Collick-Heather particularly those with substance abuse prob- see a list of credits, and they are the French Henry Homeless Veterans Assistance lems or mental illnesses. These services are people really, not just the director or Act. I am proud to be a cosponsor of this designed to facilitate the successful reintegra- even the actor or actress that makes measure and I would like to thank Chairman tion of the veteran into productive society. that movie, it is that cast of people SMITH, Ranking Member EVANS, and my col- The issue of homeless veterans is one of that really do the nuts and bolts work leagues on the Veterans Affairs Committee for our Government’s more significant failures of any movie. Well, the same goes for their hard work on this importannt legislation. with regards to military and social policy. legislation. I think every one of us are For far too long, too many of the men and Every night thousands of veterans sleep on very well aware how important staff is, women who have served in our nation’s mili- the streets or inside shelters. Additionally, and I just want to say how grateful I tary have been homeless. It is a sad fact that many of these individuals have criminal am to the professionalism and the com- an estimated 225,000 veterans throughout the records, substance abuse problems, and are petence and, above all, the compassion United States live on the streets. That is why often mentally ill. of our very fine staff. It is a bipartisan I am pleased today to support the passage of Simply put, this is inexcusable. These vet- staff headed up by Pat Ryan, our Chief H.R. 2716, which is a critical step in address- erans answered their country’s call to service

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.068 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6823 in their prime years. We as a nation have an FRANCIS BARDANOUVE UNITED of this postal naming legislation, H.R. obligation to these men and women to ensure STATES POST OFFICE BUILDING 2876, which names a Post Office in Har- that they at least have a roof over their heads, Mrs. JO ANN DAVIS of Virginia. Mr. lem, Montana after Francis and whatever assistance they may require to Speaker, I move to suspend the rules Bardanouve, which was introduced by deal with the demons of mental illness or sub- and pass the bill (H.R. 2876) to des- the gentleman from Montana (Mr. stance abuse. This bill takes a significant step ignate the facility of the United States REHBERG) on September 10, 2001. toward this goal. Accordingly, I urge my col- Postal Service located in Harlem, Mon- Francis Bardanouve represented Har- leagues to lend it their wholehearted support. tana as the ‘‘Francis Bardanouve lem, Montana for 36 years, most notably as chairman of the powerful House Mr. RODRIGUEZ. Mr. Speaker, I’d also like United States Post Office Building.’’ to thank our distinguished chairman and rank- The Clerk read as follows: Committee on Appropriations. He was labeled a conservative Democrat who ing member of the House Veterans Affairs H.R. 2876 Committee for crafting this bipartisan legisla- began his career in the Montana Legis- Be it enacted by the Senate and House of Rep- lature House of Representatives in 1959, tion that targets the specialized needs of a resentatives of the United States of America in serving until his retirement a few often-neglected population within the veterans Congress assembled, years ago. I want to thank the gen- community—the homeless—which has very lit- SECTION 1. FRANCIS BARDANOUVE UNITED tle access to services. Last year, the VA STATES POST OFFICE BUILDING. tleman from Montana (Mr. REHBERG) for introducing this measure, and I issued a report on homeless veterans. It found (a) DESIGNATION.—The facility of the would certainly urge swift passage. that during 1999 there were an estimated United States Postal Service located at 216 2nd Street, S.W. in Harlem, Montana, shall Mr. Speaker, I reserve the balance of 344,983 homeless veterans, an increase of 34 be designated and known as the ‘‘Francis my time. percent above the 1998 estimate. Many of our Bardanouve United States Post Office Build- Mrs. JO ANN DAVIS of Virginia. Mr. homeless veterans suffer from post traumatic ing’’. Speaker, I yield such time as he may stress disorder (PTSD) and other mental ill- (b) REFERENCES.—Any reference in a law, consume to the gentleman from Mon- map, regulation, document, paper, or other nesses in addition to drug addiction. Unfortu- tana (Mr. REHBERG), the sponsor of the record of the United States to the United nately, the VA has cut the number of inpatient bill. beds in half. State Post Office referred to in subsection (a) shall be deemed to be a reference to the Mr. REHBERG. Mr. Speaker, let me Many have argued, and the committee has ‘‘Francis Bardanouve United States Post Of- begin by thanking my colleagues from heard testimony to this effect, that the lack of fice Building’’. the Committee on Government Reform inpatient beds has adversely affected the qual- The SPEAKER pro tempore. Pursu- for favorably reporting this piece of ity of care for veterans who suffer from sub- ant to the rule, the gentlewoman from legislation. Mr. Speaker, I thank the stance abuse, many of whom are homeless. Virginia (Mrs. JO ANN DAVIS) and the chairman of the Committee on Govern- The VA admitted during a hearing that they gentleman from Illinois (Mr. DAVIS) ment Reform and the ranking member have not met 1996 capacity requirements for each will control 20 minutes. for expediting House Resolution 2876 substance abuse. So while I’m happy H.R. The Chair recognizes the gentle- that designates the Post Office build- 2716 authorizes more resources for homeless woman from Virginia (Mrs. JO ANN ing in Harlem, Montana as the Francis programs and promotes greater accountability DAVIS). Bardanouve Post Office. I also thank and oversight for these programs, I have con- the majority leader, the gentleman GENERAL LEAVE cerns with some of VA’s policies, which may from Texas (Mr. ARMEY), for scheduling Mrs. JO ANN DAVIS of Virginia. Mr. hinder implementation. this bill today. Speaker, I ask unanimous consent that It is important that from time to In particular, the VA’s move from inpatient all Members may have 5 legislative hospital settings to community based clinics time we honor individuals within the days within which to revise and extend circle of our communities, those whose may have unintentionally turned homeless vet- their remarks on the bill now under erans away from treatment. Therefore, I hope lives quietly reflect the best that all of consideration. us reach for. Francis Bardanouve is this legislation will enable the VA to better The SPEAKER pro tempore. Is there serve this population through aggressive out- such a person. objection to the request of the gentle- Francis’s distinguished record in the reach efforts and to render much-needed serv- woman from Virginia? ices as quickly as possible. Montana House of Representatives There was no objection. spanned 5 decades. When his career The events of the past month have re- Mrs. JO ANN DAVIS of Virginia. Mr. began in 1959, Dwight Eisenhower was minded us that our Nation’s peace and secu- Speaker, I yield myself such time as I President and George W. Bush was just rity must be protected at any cost. Those men may consume. another 12-year-old boy in Midland, and women who answer the call to defend our Mr. Speaker, I rise in strong support Texas. democracy when it is under attack should be of H.R. 2876. This legislation, intro- assured that we will take care of them during duced by our distinguished colleague, b 1645 their time of crisis. the gentleman from Montana (Mr. Francis was born, raised, educated in Mr. SMITH of New Jersey. Mr. REHBERG), designates the facility of Blaine County, Montana. His roots en- Speaker, I yield back the balance of the United States Postal Service lo- twine back to a Prussian bandmaster my time. cated at 216 2nd Street, Southwest, in on one side of his family and a French The SPEAKER pro tempore. The Harlem, Montana, as the Francis farmer on the other. Besides serving question is on the motion offered by Bardanouve Post Office Building. actively as a legislator, Francis has the gentleman from New Jersey (Mr. Francis Bardanouve was a Montana worked hard his whole life as a farmer, SMITH) that the House suspend the State Representative from 1958 to 1994. a rancher, a husband, and a father. rules and pass the bill, H.R. 2716, as He chaired the powerful House Com- Having had the privilege of serving amended. mittee on Appropriations for nearly 2 three sessions with Francis in the Mon- The question was taken. decades. His integrity and respect from tana House, I can sum up his public his colleagues transcended party lines. service simply: common sense and The SPEAKER pro tempore. In the He was a longtime farmer-rancher in compassion. He was both tight-fisted opinion of the Chair, two-thirds of Blaine County, Montana. and kindhearted. As a long-serving those present have voted in the affirm- Mr. Speaker, I urge adoption of H.R. Democrat chairman of the House Com- ative. 2876, and I reserve the balance of my mittee on Appropriations, Francis said, Mr. SMITH of New Jersey. Mr. time. ‘‘I voted against things I’d like to sup- Speaker, on that I demand the yeas Mr. DAVIS of Illinois. Mr. Speaker, I port. I left frustrated at times because and nays. yield myself such time as I may con- there were things I’d like to do, but we The yeas and nays were ordered. sume. didn’t have the money.’’ The SPEAKER pro tempore. Pursu- Mr. Speaker, as a member of the Former Montana Governor Ted ant to clause 8 of rule XX and the House Committee on Government Re- Schwinden reaffirms this by stating: Chair’s prior announcement, further form, I am pleased to join my col- ‘‘Francis was more parsimonious with proceedings on this motion will be league, the gentlewoman from Virginia the taxpayers’ dollar than any other postponed. (Mrs. JO ANN DAVIS), in consideration chairman over the years.’’

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.056 pfrm04 PsN: H16PT1 H6824 CONGRESSIONAL RECORD — HOUSE October 16, 2001 When Francis announced his retire- became a legislator, advised him, ‘‘Take The SPEAKER pro tempore. Is there ment in 1999, the Montana House of great pride in your accomplishments. objection to the request of the gentle- Representatives passed a resolution ‘‘This House will always belong to you woman from Virginia? honoring him and designating a Francis,’’ he added. There was no objection. ‘‘Francis Bardanouve Appreciation Mr. DAVIS of Illinois. Mr. Speaker, I Mrs. JO ANN DAVIS of Virginia. Mr. Day.’’ yield myself such time as I may con- Speaker, I yield myself such time as I This resolution aptly stated: sume. may consume. ‘‘Francis Bardanouve has never sought Mr. Speaker, I once again want to Mr. Speaker, H.R. 2261, introduced by personal distinction or reward, but has commend the gentleman for honoring our distinguished colleague, the gentle- had his leadership role cast upon him such an outstanding individual by woman from Georgia (Ms. MCKINNEY) . . . The strong hands of Francis naming a post office after former Rep- designates the facility of the United Bardanouve have played a major role resentative Bardanouve. States Postal Service located at 2853 in shaping the destiny of Montana.’’ I also want to thank him for edu- Candler Road in Decatur, Georgia, as By designating the Harlem, Montana cating many of us who did not know the Earl T. Shinhoster Post Office Post Office the ‘‘Francis Bardanouve that there was a Harlem, Montana. Building. Post Office,’’ we honor not only a good Generally, when we think of Harlem, Members of the entire House delega- Montanan who quietly did his duty for we think of New York. So we thank the tion from the State of Georgia are many years, but we pay tribute to all gentleman on both counts. original cosponsors of this legislation. those who honorably serve their com- Mr. Speaker, I have no further re- Earl Shinhoster was a dedicated community and this country day after day quests for time, and I yield back the munity servant, both locally and glob- without expecting praise. balance of my time. ally. His efforts to observe and monitor Public officials come and go, but Mrs. JO ANN DAVIS of Virginia. Mr. elections in Africa helped to promote Francis, please know that your deeds Speaker, I urge all Members to support democracy and freedom, while his serv- and service will remain forever en- this measure, H.R. 2876, and I yield ice as a Georgia State coordinator of graved in the archives of our Nation, back the balance of my time. voter education and his many roles the post office in your community, and The SPEAKER pro tempore (Mr. with the National Association for the the hearts of your family and friends. QUINN). The question is on the motion Advancement of Colored People helped Mr. Speaker, I urge strong support of offered by the gentlewoman from Vir- strengthen domestic civil liberties, House Resolution 2876, and I include for ginia (Mrs. JO ANN DAVIS) that the voting rights, and equality. the RECORD a news article regarding House suspend the rules and pass the His persistence to forward our Na- this legislation. bill, H.R. 2876. tion’s values will be missed, and this The article referred to is as follows: The question was taken; and (two- post office designation is a fitting trib- [From the Independent Record, Apr. 15, 1993] thirds having voted in favor thereof) ute to his memory. LAWMAKER HONORED FOR YEARS OF SERVICE the rules were suspended and the bill Mr. Speaker, I urge adoption of H.R. (By Bob Anez) was passed. 2261, and I reserve the balance of my Rep. Francis Bardanouve bowed his head A motion to reconsider was laid on time. and blushed Wednesday as he listened to a the table. Mr. DAVIS of Illinois. Mr. Speaker, I half-hour tribute from the Montana House f yield myself such time as I may con- commemorating his 34 years as a state law- EARL T. SHINHOSTER POST sume. maker. Mr. Speaker, as a member of the ‘‘It’s almost overwhelming,’’ he told legis- OFFICE Committee on Government Reform, I lators after hearing praise about his efforts Mrs. JO ANN DAVIS of Virginia. Mr. during three decades in the House. ‘‘What- am pleased to join my colleague, the ever I have done is what you helped me do.’’ Speaker, I move to suspend the rules gentlewoman from Virginia (Mrs. JO Bardanouve, a Harlem Democrat, was first and pass the bill (H.R. 2261) to des- ANN DAVIS), in consideration of H.R. elected to the Legislature in 1958 and has ignate the facility of the United States 2281, which names a post office in Deca- served as chairman of the powerful House Postal Service located at 2853 Candler tur, Georgia, after Earl T. Shinhoster. Appropriations Committee in 10 sessions. Road in Decatur, Georgia, as the ‘‘Earl He will not run for re-election next year H.R. 2261 was introduced by the gen- T. Shinhoster Post Office.’’ tlewoman from Georgia (Ms. MCKIN- because the newly drawn legislative districts The Clerk read as follows: prevent him from seeking his current seat. NEY) on June 20, 2001. Gov. Marc Racicot read a proclamation de- H.R. 2261 Earl T. Shinhoster, a native of Sa- claring Wednesday ‘‘Francis Bardanouve Be it enacted by the Senate and House of Rep- vannah, Georgia, was a prominent civil Day.’’ resentatives of the United States of America in rights leader and Director of the The document lauded Bardanouve for Congress assembled, NAACP’s Voter Endowment Project, a faithfully and diligently serving the inter- SECTION 1. EARL T. SHINHOSTER POST OFFICE. national voter registration project. He ests of the people in his district and the (a) DESIGNATION.—The facility of the state. It calls Bardanouve a ‘‘living institu- dedicated 30 years of his life to working United States Postal Service located at 2853 in various leadership positions with the tion.’’ Candler Road in Decatur, Georgia, shall be The House unanimously approved a resolu- known and designated as the ‘‘Earl T. NAACP, serving as the organization’s tion honoring Bardanouve’s years of service Shinhoster Post Office’’. Acting Executive Director and Chief and branding him ‘‘one of the Treasure (b) REFERENCES.—Any reference in a law, Economic Officer for 2 years in the State’s living treasures.’’ map, regulation, document, paper, or other mid-1990s. The measure cites his sense of fairness, record of the United States to the facility re- willingness to listen and ability to make in- Until his death last year, Mr. ferred to in subsection (a) shall be deemed to formed decisions. Shinhoster was involved in his busi- be a reference to the Earl T. Shinhoster Post ‘‘Francis Bardanouve has always faced the ness, the Shinhoster Group, and served Office. legislative challenge with energy, wisdom, as President of the Sister Cities Asso- keen wit and a dedication to the common The SPEAKER pro tempore. Pursu- ciation of Greater Decatur, Inc. good,’’ the resolution says. ‘‘Francis ant to the rule, the gentlewoman from Mr. Speaker, I thank my colleague, Bardanouve has never sought personal dis- Virginia (Mrs. JO ANN DAVIS) and the the gentlewoman from Georgia (Ms. tinction or reward, but has had his leader- gentleman from Illinois (Mr. DAVIS) MCKINNEY), for introducing this meas- ship role cast upon him.’’ each will control 20 minutes. The resolution calls him a believer in ure to honor such an outstanding indi- equality, fairness and integrity, and adds, The Chair recognizes the gentle- vidual who spent so much time with ‘‘The strong hands of Francis Bardanouve woman from Virginia (Mrs. JO ANN the National Association for the Ad- have played a major role in shaping the des- DAVIS). vancement of Colored People. We all tiny of Montana.’’ GENERAL LEAVE know the role that it has played in the Several former and present lawmakers who Mrs. JO ANN DAVIS of Virginia. Mr. development and protection of civil have sat next to Bardanouve over the years Speaker, I ask unanimous consent that recalled their sessions with the Harlem farm- rights and civil liberties in this coun- er. all Members may have 5 legislative try. Speaker John Mercer, a Polson Republican days within which to revise and extend I would urge swift passage of this who was 2 years old when Bardanouve first their remarks on H.R. 2261. bill.

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.072 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6825 Mr. Speaker, I yield such time as she but Earl was also the Chairman of the millions of acres of land to exploit the may consume to the gentlewoman from Georgia delegation to the National rubber that produces their tires, and Georgia (Ms. MCKINNEY). Summit on Africa, and lived every day today still holds the property. This Ms. MCKINNEY. Mr. Speaker, I of his adult life working on behalf of hold contributes to the fight for space thank the gentleman for yielding time his people. within this war-torn area. to me. In the words of Walter Butler, Jr., So in addition to building on his leg- Mr. Speaker, I also thank my col- President of the Georgia State Con- acy, we have to fight on behalf of fami- league, the gentlewoman from Virginia ference of the NAACP, ‘‘Earl gave his lies and victims of the Ford Explorer/ (Mrs. JO ANN DAVIS), and the gen- life that others could enjoy the fruits Firestone Tires debacle, and we must tleman from Illinois (Mr. DAVIS), for of the Constitution of life, liberty, and fight for the people of Africa who are, their kind words on behalf of Mr. the pursuit of happiness.’’ all too often, unable to fight for them- Shinhoster. For younger people, if they were to selves. We must help them find a way I was very happy to introduce this study his life, they would find a man to stop the plunder and rape of Africa’s bill several months ago, and to an- who came through the ranks of the human, mineral, and strategic re- nounce its introduction at a special civil rights movement. Earl started out sources. memorial service held at Martin Lu- in Savannah, Georgia, an area I used to To date, Firestone and Ford are re- ther King, Jr.’s former church, Ebe- represent in my first term in Congress, luctant to admit responsibility for the nezer Baptist Church. the old 11th District of Georgia. failure of their products. I know Earl First, let me thank the gentleman In Savannah, he was active in the will not rest until we help Africa re- from Indiana (Chairman BURTON), for Connie Wimberly Youth Council. From ceive real security and peace through his help and cooperation in bringing there, it was on to the NAACP, which justice. this important legislation to the floor. became for Earl a labor of love. He In life, Earl believed his work for the When this bill leaves the House, Sen- started out as a volunteer youth leader NAACP, for civil rights, for equal ator MAX CLELAND of Georgia will and rose all the way to the CEO posi- rights did not suffer while he worked usher it through the Senate. tion. on Africa-related issues. Indeed, we Earl Shinhoster, for those who did Like Malcolm and Martin, Earl was know that the work for human rights not have a chance to know him or international. His passion for Africa, has no boundaries and knows no end as know of him, was a wonderful activist, her suffering, and his efforts among the long as there is evil on this Earth. father, husband, and friend. I knew him people there was another part of Earl’s I have received Earl’s marching or- first as an activist. Most of America ministry. He once served as Field Di- ders, and I know that all is well with got a chance to know him because he rector for the National Democratic In- him as long as each and every one of us stitute in Ghana, where he trained was an activist. who was touched by him remembers his But as we got to know him, we local citizens to serve as election mon- values and America’s values as we tra- learned that he operated in many di- itors. verse these dangerous times right now. From Ghana his interest spread to mensions; that while he served the Let us continue to show the world, as Liberia. At the time of his death, he family of man, he was also very much Earl T. Shinhoster did through his was assisting the country of Liberia. work, that if you work on behalf of the a family man. He was touring the United States with His wife, Ruby, was so generous. She people, you will truly live forever. Liberia’s First Lady, Mrs. Jewel How- shared her Earl with all of us. And al- ard-Taylor, offering an opportunity for b 1700 though Earl was also a father to Mi- black Americans to learn firsthand Mrs. JO ANN DAVIS of Virginia. Mr. chael Omar, Earl also fathered to the what was happening in Liberia and how Speaker, I have no further speakers at vitality of the movement for the rights we could help. this time, and I reserve the balance of of America’s poor and dispossessed. I As a result, the country of Liberia, my time. thank Ruby and I thank Michael Omar. by order of its President, made Earl T. Mr. DAVIS of Illinois. Mr. Speaker, The family of activists that helped to Shinhoster a citizen of Liberia post- it is my pleasure to yield as much time make America a better place were all humously, offered land to his family, as she might consume to the gentle- friends of Earl Shinhoster: Reverend and is helping to establish the Earl T. woman from Florida (Mrs. MEEK). James Orange, former Ambassador An- Shinhoster People to People for Africa (Mrs. MEEK of Florida asked and was drew Young, Mrs. Coretta Scott King, Foundation. given permission to revise and extend and our own colleague, the gentleman We now are in a position to honor her remarks.) from Georgia (Mr. LEWIS). Earl and ensure his legacy. We are in a Mrs. MEEK of Florida. Mr. Speaker, I But now Earl has joined the legion of position to ensure that his work and thank my colleague for allowing me human rights activists who came be- mission continue. this opportunity to say a few words fore him, from Sojourner Truth to Har- This bill would not have come this about Earl Shinhoster. riet Tubman, from Frederick Douglass far without the support of the Georgia I knew Earl Shinhoster, and it is an to Henry McNeal Turner. It was Turner delegation to the House of Representa- honor to rise in support of H.R. 2261, who said, ‘‘I am here to demand my tives, and I would like to personally designating a post office in Decatur, rights and to hurl thunderbolts at the thank the gentlemen from Georgia, Mr. Georgia. It is in Decatur, Georgia; but man who would dare to cross the COLLINS, Mr. ISAKSON, Mr. LINDER, Mr. Earl Shinhoster is known throughout threshold of my manhood....’’ LEWIS, Mr. BISHOP, Mr. DEAL, Mr. KING- this world. This line alone epitomizes the life STON, Mr. NORWOOD, Mr. CHAMBLISS, Mr. Shinhoster is an American hero Earl Shinhoster led. Earl was strong, and Mr. BARR, in their endorsement of who led the southeast region of the proud, well-spoken, and internation- this bill. NAACP during the last decades of the alist. It has been little more than a In closing, the circumstances that 20th century. I am proud to have year since Earl left us, but I can rest in led to the tragic accident that claimed known Earl Shinhoster and to share in the certainty that Martin is on his left the life of this civil rights icon serve as the magnificent legacy he has left for side and Malcolm is on his right side. marching orders for us to continue the America. Earl died an untimely death, but we valiant pursuit for justice, peace, and Mr. Shinhoster played a defining role know that his life was not spent in equity. in America’s quest for justice and vain. I just want to take a moment to The tire that blew out and reportedly equality of opportunity during a major reflect on his legacy of helping and led his Ford Explorer to flip out of con- transitional period in the Nation’s his- serving, and to suggest to all who will trol was discovered to be a Firestone tory. Designating this post office in his use this post office that the man we tire, the same model tire whose defec- honor pays tribute to a young Amer- honor is well worth their emulation. tive design has led to the death of doz- ican crusader whose courage and wis- When Earl believed in a thing, he ens of people and scores of injuries dom appealed to our noblest character gave himself wholeheartedly. Earl across the world. as a Nation, and the committee should served as Executive Director and CEO Firestone, in its beginning through be commended for naming this post of- of the national NAACP in Baltimore, colonial conquests in Africa, seized fice after Earl Shinhoster. So does

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.076 pfrm04 PsN: H16PT1 H6826 CONGRESSIONAL RECORD — HOUSE October 16, 2001 honor go to the gentlewoman from the country knew Earl Shinhoster. He Mr. Speaker, I think we have all Georgia (Ms. MCKINNEY), who has al- also traveled to Africa. He cared about heard how much Mr. Shinhoster was ways been a fighter in the area of civil her people, and he loved the people of admired and respected by his col- rights, for taking the opportunity to the motherland. leagues and how much he has done for recognize all of the good things that Earl Shinhoster was a leader of the Georgia. I urge all Members to support Earl Shinhoster did. NAACP for more than 35 years. At the this measure. He labored, struggled, sacrificed, and time of his death he was a director of Mr. BISHOP. Mr. Speaker, if I were asked gave his all to address the challenges of Voter Empowerment, a national voter to describe Earl T. Shinhoster in a single racial equality, wherever they registration and education program. He word, ‘‘patriot’’ would be the first that would emerged, police use of deadly force, was involved in efforts to raise census come to mind. academic excellence in the schools, ra- participation among blacks and others. From his teen-age years until his untimely cial disturbances, fair immigration It is because of his tireless work for death at 47, he devoted his life to making the practices, school busing, fair housing, voter education and voter participa- promises so eloquently expressed in the Dec- insurance redlining, mortgage dis- tion, voter registration, turning out laration of Independence and the U.S. Con- crimination practices, fair political re- the vote, that many of us are where we stitution—promises such as justice, oppor- districting, voter education, and par- are today. tunity, and the freedom to pursue one’s Earl Shinhoster cared about people. ticipation. dreams—apply to every citizen. He loved people. He was a graduate of The history of Earl Shinhoster is a We could also call him a ‘‘relentless fighter’’ Morehouse College. He loved More- history of African Americans in the and a ‘‘thoughtful leader.’’ house. He loved his school. He cared southeastern United States. His life Earl Shinhoster exemplified all of these about human rights and civil rights. He chronicles the ongoing struggle of Afri- qualities during three decades of service with cared deeply about all of the people of can Americans for equal rights and so- the NAACP. As executive director and chief this land and of this planet. He cared cial justice. For those of us who knew economic officer, he achieved renewed sta- about being empowered and empow- him and worked with him, this post of- ering others. He cared about equal ac- bility by sharply increasing membership and fice will cause us to pause and reflect cess and equal opportunity. reducing indebtedness. As director of the on his journey and remind us of the Throughout his life, Earl was always Voter Empowerment Project, he increased challenges that we must meet in this looking for creative ways to break registration and opened the political process to day and time. down the barriers that separated us, to thousands of people. During the last census, For generations of Americans to make things a little fairer, a little bet- he worked diligently to boost participation by come, the naming of this post office ter. He truly lived to make a dif- African Americans in an effort to ensure that lets them know that there was a young ference. I was there. every American would be counted. American named Earl T. Shinhoster Mr. Speaker, Earl’s eyes were always In one of his final public appearances, he whose intelligence, vision, and leader- on the prize. He did not have time for urged fellow members of the NAACP to al- ship guided his people and this country small talk or just playing around or ways keep fighting for the cause of human- toward our goal of freedom, justice, what some people call horsing around. ity—and to always uphold the values they and democracy for all. He was a very serious young man. learned in their family, church and school. He Mrs. JO ANN DAVIS of Virginia. Mr. Though his life was tragically cut was a man of courage, of commitment and of Speaker, I reserve the balance of my short, his legacy must live on so that principle. time. others may know and be inspired by Mr. Speaker, I urge our colleagues to sup- Mr. DAVIS of Illinois. Mr. Speaker, this great American and the unbeliev- port H.R. 2261, a bill introduced by my col- it is my pleasure to yield such time as able impact he had on Georgia and our league from Georgia, Congresswoman MCKIN- he might consume to the gentleman Nation and so much of our world. NEY, to name a Decatur, Georgia Post Office from Georgia (Mr. LEWIS), who is noted For these reasons and others, Mr. in memory of Earl T. Shinhoster, as a fitting as a contemporary pioneer of the civil Speaker, I support the designation of tribute to a great American patriot. rights movement. the Earl T. Shinhoster Post Office in Mr. HILLIARD. Mr. Speaker, I rise to speak Mr. LEWIS of Georgia. Mr. Speaker, Decatur, Georgia. of my friend Earl Shinhoster, who died on I want to thank my dear friend and col- Mrs. JO ANN DAVIS of Virginia. Mr. June 11, 2000, in a car accident. league, the gentleman from Illinois Speaker, I reserve the balance of my This good man joined many of us in strug- (Mr. DAVIS), for yielding the time; and time. gling to make America better in innumerable I want to thank my friend and col- Mr. DAVIS of Illinois. Mr. Speaker, I ways. He spent 30 years with the National As- league, the gentlewoman from Georgia yield myself such time as I may con- sociation for the Advancement of Colored sume. (Ms. MCKINNEY), my neighbor next People (NAACP). Mr. Speaker, I do not have any addi- door, for bringing this legislation be- This organization was the original civil rights tional speakers, but I do know the gen- fore us. organization, and it still stands among the tleman from Mississippi (Mr. THOMP- Mr. Speaker, I rise today to support great leaders for human rights in the world. SON) had intended to be here and speak the designation of the Earl T. Earl Shinhoster began at the age of 13 on behalf of this bill; and had he been Shinhoster Post Office in Decatur, stuffing envelopes, sitting-in and picketing for able to make it, I am sure that he Georgia. Earl Shinhoster was a great the basic civil rights of American people. He would have done so. American. Mr. Speaker, I want to thank all of stayed with it, humbly saying later in life that I knew Earl. He was a friend of mine. those who have spoken, because he had never had a real job, just a calling and He had a distinguished career of public through their eloquence, they have per- a movement. service in Georgia, the Nation, and the mitted us the opportunity to relive the He served as the NAACP director of the world. Before his premature death last life and legacy of Earl Shinhoster and Southeast until he was called in 1995 to be year, Earl lived in DeKalb County, also to pay tribute and recognize the acting director and chief executive officer of Georgia, in metropolitan Atlanta with tremendous work of the NAACP. the national organization. his family. He was a devoted husband, As a matter of fact, I was in Decatur, While in the South, he traveled to every father, and brother. He was more than Illinois, Saturday with the Illinois meeting he could attend, in cities, on farms, in just a resident of Georgia; he was a cit- chapters and there are so many simi- the poorest areas of the poorest area of our izen of the world. larities and so many things are rel- nation. No one was beneath him; no one was Earl was born and reared in Savan- evant. So I simply thank all of them. too poor or oppressed for his attention, love nah, Georgia. He loved our State. He I commend the life and the work of and service. loved our Nation. He traveled the Earl Shinhoster. Few of us have served so well and so con- length and breadth of the American Mr. Speaker, I have no further re- sistently as Earl Shinhoster. Few have asked South, into south Georgia and to the quests for time, and I yield back the for less compensation or sought less recogni- delta of Mississippi and the black belt balance of my time. tion. He was a servant of the people, of free- of Alabama, eastern Arkansas, North Mrs. JO ANN DAVIS of Virginia. Mr. dom and of God. Earl Shinhoster was a grad- Carolina, South Carolina, the bayou of Speaker, I yield myself 1 minute to uate of Morehouse College, where I also grad- Louisiana. Everybody in this part of conclude. uated.

VerDate 11-MAY-2000 03:37 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.077 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6827 When he died in that automobile accident, designates the facility of the United Ms. WATSON of California. Mr. he was picked up by a chariot and taken to a States Postal Service located at 5472 Speaker, I rise to speak in support of higher place. He asked for no praise, but he Crenshaw Boulevard in Los Angeles, H.R. 2454, a bill I introduced to name a will never be forgotten. Where he walked, California as the Congressman Julian United States post office in my con- there remains traces of his life on the hearts C. Dixon Post Office. Members of the gressional district, and Julian’s, after of everyone. We must all be grateful for his entire House delegation from the State the late Congressman Julian C. Dixon. life and sing his memory in our songs. of California are co-sponsors of this Julian Dixon dedicated his life to Mrs. JO ANN DAVIS of Virginia. Mr. legislation. serving his community. He ably rep- Speaker, I yield back the balance of Julian C. Dixon served as a Member resented his friends, his neighbors, and my time. of Congress representing the Los Ange- his constituents from Los Angeles and The SPEAKER pro tempore (Mr. les, California area. Mr. Dixon served Culver City in Congress for over 2 dec- QUINN). The question is on the motion 10 terms in the U.S. House and had just ades. We went to high school together. offered by the gentlewoman from Vir- been elected to an 11th term when he I graduated the year ahead of him, and ginia (Mrs. JO ANN DAVIS) that the passed away in December of last year. I followed him into the legislature. House suspend the rules and pass the Congressman Dixon was a tireless ad- When he went to Congress, I went to bill, H.R. 2261. vocate of civil rights and as the highest the Senate. I took his staff, who re- The question was taken; and (two- ranking Democrat on the Permanent mained with me for over a decade. thirds having voted in favor thereof) Select Committee on Intelligence, a During his tenure, Julian served his the rules were suspended and the bill highly respected voice on national se- community, his country and this insti- was passed. curity issues. He was also a friend of tution by often taking on some of the A motion to reconsider was laid on many Members of this House and will toughest jobs here in Congress. Among the table. be sorely missed. those tough assignments was his chair- Mr. Speaker, I urge adoption of H.R. manship of the House Committee on f 2454, as amended. Standards of Official Conduct. As CONGRESSMAN JULIAN C. DIXON Mr. Speaker, I reserve the balance of chairman of this ethics panel, Julian my time. POST OFFICE BUILDING was praised for the even-handed and de- Mr. DAVIS of Illinois. Mr. Speaker, I liberate manner in which he handled Mrs. JO ANN DAVIS of Virginia. Mr. yield myself such time as I may con- Speaker, I move to suspend the rules sume. difficult cases involving his colleagues and pass the bill (H.R. 2454) to redesig- Mr. Speaker, it is with great pride in the House. nate the facility of the United States and pleasure that I stand to help honor Julian also served as the most senior Postal Service located at 5472 and pay tribute to the late Congress- Democrat on the House Permanent Se- Crenshaw Boulevard in Los Angeles, man Julian Dixon. Julian grew up in lect Committee on Intelligence. His California, as the ‘‘Congressman Julian California, went to school, went in to colleagues in the House and within the C. Dixon Post Office Building,’’ as the military, returned home, finished U.S. intelligence establishment have amended. college, went to law school, became a often commented on how they valued The Clerk read as follows: member of the California assembly. He Julian’s experience and wisdom on questions of national security. H.R. 2454 was a graduate of California State Uni- versity in 1962 and a 1967 graduate of With the risk and challenges of Be it enacted by the Senate and House of Rep- America’s current struggle against ter- resentatives of the United States of America in Southwest University Law School in Congress assembled, Los Angeles. He served in the military rorism, Julian’s contribution to this effort will be sorely missed by his SECTION 1. REDESIGNATION. from 1957 to 1960, rising to the rank of The facility of the United States Postal sergeant before returning home where friends, his colleagues and his constitu- Service located at 5472 Crenshaw Boulevard he practiced law. ents. in Los Angeles, California, and known as the Mr. Dixon got involved in public ac- b 1715 Latijera Station, shall be known and des- tivities and public life. He was elected ignated as the ‘‘Congressman Julian C. to the California assembly. He was While serving his Nation, Julian Dixon Post Office’’. elected to the U.S. House of Represent- never forgot about serving his commu- SEC. 2. REFERENCES. atives where he served as a senior nity back home in Los Angeles, Cali- Any reference in a law, map, regulation, member of the powerful Committee on fornia, and in Culver City. When the document, paper, or other record of the Appropriations where he once chaired 1992 civil disturbances tore apart United States to the facility referred to in neighborhoods in Los Angeles, Julian section 1 shall be deemed to be a reference to the Subcommittee on the District of Columbia. In addition to serving as responded with creative ideas to re- the Congressman Julian C. Dixon Post Of- build neighborhoods and restore the fice. ranking Democrat on the House Per- manent Select Committee on Intel- hope. He fought for aid to small busi- The SPEAKER pro tempore. Pursu- nesses and families impacted by the ant to the rule, the gentlewoman from ligence, he served as chairman of the Committee on Standards of Official emergency. Typical of his approach Virginia (Mrs. JO ANN DAVIS) and the was the ‘‘Angel Gate’’ program, which gentleman from Illinois (Mr. Davis) Conduct. During the 1980’s, Julian Dixon was takes disadvantaged youth from inner each will control 20 minutes. the chairman of the Congressional city schools and gives them the oppor- The Chair recognizes the gentle- Black Caucus. He was noted as being a tunity to get additional math and woman from Virginia (Mrs. JO ANN sound politician who was not only well science education from the California DAVIS). respected among his colleagues but his National Guard. When the Northridge GENERAL LEAVE constituents also. I was pleased to call Earthquake struck Los Angeles in 1994, Mrs. JO ANN DAVIS of Virginia. Mr. him brother because we both were Julian once again responded quickly to Speaker, I ask unanimous consent that members, and I still am, of Alpha Phi help his community recover. all Members may have 5 legislative Alpha fraternity where Julian was well Julian’s commitment to Los Angeles days within which to revise and extend known, well respected and well loved. was not limited to responding to crises. their remarks on the bill, H.R. 2454. Mr. Speaker, I encourage all of my He was a tireless booster of his commu- The SPEAKER pro tempore. Is there colleagues to support H.R. 2454, to nity and worked to bring improve- objection to the request of the gentle- name a post office the Julian C. Dixon ments to the lives of his constituents. woman from Virginia? Post Office Building. Many Angelenos probably remember There was no objection. Mrs. JO ANN DAVIS of Virginia. Mr. him as a moving force behind the con- Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I reserve the balance of my struction of the region’s public transit Speaker, I yield myself such time as I time. infrastructure. Anyone from Los Ange- may consume. Mr. DAVIS of Illinois. Mr. Speaker, I les knows that traffic is a constant Mr. Speaker, H.R. 2454, introduced by yield 5 minutes to the gentlewoman challenge. Julian worked hard to find our distinguished colleague, the gentle- from California (Ms. WATSON), the au- solutions to improve mobility for all woman from California (Ms. WATSON), thor of this legislation. Angelenos.

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.059 pfrm04 PsN: H16PT1 H6828 CONGRESSIONAL RECORD — HOUSE October 16, 2001 But I believe that Julian’s most last- that Julian carved out in the Congress, tleman from Illinois and the gentle- ing legacy will be his commitment to his prolific work as a model legislator, woman from Virginia for their manage- civil rights. Julian represented a dis- his unique service to the District of Co- ment of this bill, and my dear friend trict that is still one of the most di- lumbia, and the character and and colleague, the gentlewoman from verse in the country, both in ethnic or- collegiality of this man, one of our California (Ms. WATSON), for sponsoring igin and social economic status. most admired in this House. this important piece of legislation. Throughout his career, he worked to First, institutionally. Julian not Mr. Speaker, I rise today to pay hom- promote policies that would give all only served his constituents with the age to the late Julian Dixon, the great Americans the opportunity they de- most extraordinary excellence, he Congressman who represented the 32nd serve to share in the American Dream. served this institution uniquely. He Congressional District of California. Julian was a tireless advocate for his was Chair of the Committee on Stand- Julian Dixon served in the House of constituents, his community, and his ards of Official Conduct when the Representatives with distinction and Nation. The ‘‘Congressman Julian C. Speaker of his party was brought be- honor. He was a personal friend whom Dixon Post Office’’ can only be a small fore the committee, and he was a Mem- I admired and respected. It is appro- part of the legacy of this great Amer- ber of the Permanent Select Com- priate and fitting that we are honoring ican; but I am so proud to play a role mittee on Intelligence advising on the his life and political legacy by redesig- in serving the memory of my class- security of the United States of Amer- nating the post office located at 5472 mate, my friend, my neighbor, and my ica. Very difficult assignments, which Crenshaw Boulevard in his name. Julian Dixon was a tireless public congressman, Julian C. Dixon. he performed, passionate man though H.R. 2454, I am proud to say, has been he was, with such balance and non- servant. He aspired to and succeeded in cosponsored by 69 of Julian’s House partisanship that his stature grew in effectively representing his constituents. Julian won reelection in west Los colleagues from both parties; and I this House to a towering dimension. He Angeles with over 84 percent of the would like to thank Speaker HASTERT, served on both these committees at vote. He enjoyed immense bipartisan Leader GEPHARDT, the gentleman from very difficult periods in the life of this support among his peers. He was known Texas (Mr. ARMEY), the gentleman body. for his integrity, patience, intellect from Michigan (Mr. BONIOR), and the Second, his work as a legislator and and diligence. Those qualities served entire California delegation for their as a model for other Members, Julian him particularly well during his tenure cosponsorship. I am certain that Julian was fifth on the Committee on Appro- as the ranking Democrat on the House would be honored by the amount of priations when he died. He had been Permanent Select Committee on Intel- support that this bill has received. named one of 12 unsung heroes for his ligence and as a senior member of the Once again, I thank my colleagues, sheer ability to gather support for his Committee on Appropriations. He pre- and I urge a huge vote for H.R. 2454. position on appropriations and in the viously chaired the Subcommittee on Mrs. JO ANN DAVIS of Virginia. Mr. Congress. Of course, he brought mil- the District of Columbia for the full Speaker, I reserve the balance of my lions of dollars to his own district in Committee on Appropriations. At a time. California; but he will be remembered time when allies for the District were Mr. DAVIS of Illinois. Mr. Speaker, I just as much as the architect of appro- yield 4 minutes to the distinguished few in numbers, Julian’s efforts were, priations in the national interest, espe- indeed, Herculean. gentlewoman from the District of Co- cially civil rights. Leadership was always his calling; lumbia (Ms. NORTON). Third, his unique role in service to and during the 1980s, he served as the Ms. NORTON. Mr. Speaker, I thank the Nation’s Capital. Here was a labor chairman of the Congressional Black the gentleman for yielding me this of love, Mr. Speaker. Because you get Caucus. His leadership was under a mi- time and also for his work in bringing nothing for being Chair of the Sub- croscope and bright lights during his forward this bill, and I thank the gen- committee on the District of Columbia. term as chairman of the Committee on tlewoman from Virginia as well for her Of course, this was a native Washing- Standards of Official Conduct. Julian’s work. tonian whose parents took him to Cali- chairmanship coincided with the turbu- I am particularly grateful to the gen- fornia. That should have been enough lent era of House scrutiny that focused tlewoman from California, the worthy for Julian to say ‘‘bye-bye, D.C.’’ In- on ethics violations by a former illus- successor of Julian Dixon, for her work stead, he, in fact, for 14 years, worked trious Democratic Speaker of the early in her term in bringing forward a tough love with great respect for self- House, who was later forced to resign. bill that she will find unanimous agree- government and democracy in the Na- Julian Dixon had the unenviable task ment on, I am almost sure, in this tion’s Capital. of conducting a fair and impartial bi- body. Finally, the man himself. Here is a partisan investigation of a well-re- Mr. Speaker, we like to think that Member who ranks among the most ad- spected Speaker. With his quiet and post offices are named on the basis of mired. If there were a list of all-time calm demeanor, Julian dispelled false sheer merit. I am not prepared to speak most admired, Julian Dixon is going to notions that he could not be fair in in the aggregate, but I will vouch for be right up there near the top. Why? conducting a historic investigation. He this one. No one was prepared for the Character, temperament, for proved his detractors wrong and re- sudden death of Julian Dixon, or for collegiality, for intelligence, for hard ceived kudos for his impartiality. that matter of any Member; and when work. An astute politician, Representative Julian died, he brought a huge plane He was a man of few words. He did Dixon was also a staunch ally of the load of people from both parties to not jump up on this House floor every defense industry in California. As a California to his funeral. Least pre- time we were in session just to say member of the Subcommittee on De- pared, of course, were his own constitu- what everybody else was already say- fense, he planned his work and worked ents, if I may say so, and a close second ing. And people, therefore, listened, his plan until he delivered the scope of were the residents of the District of Co- stopped to listen, stopped to hear, be- appropriations necessary to ensure the lumbia, whom he served for 15 years as cause they knew when Julian spoke it competitiveness of defense contracting Chair of the Subcommittee on the Dis- was worth hearing. companies in Southern California. trict of Columbia of the Committee on In naming a courthouse for Julian Julian was committed to ensuring Appropriations. Dixon, we only begin the process of that the Los Angeles transportation It should be enough to have a post of- honoring a man of the House who al- system would accommodate the needs fice named for you because you were a ways will be remembered, I believe, in of his citizens. He was especially atten- good Member, or even that you served the House that he loved. tive to expanding the commuter rail. two districts, the way Julian did, his Mr. DAVIS of Illinois. Mr. Speaker, I His efforts were instrumental in ena- own preeminently, but also the Dis- yield 3 minutes to the distinguished bling employees to reach work via rail trict of Columbia; but I would like to gentlewoman from California (Ms. as opposed to having to rely on per- put forward four reasons why I think MILLENDER-MCDONALD). sonal vehicles. this courthouse naming is especially Ms. MILLENDER-McDONALD. Mr. The premature death of Representa- merited: the unique institutional role Speaker, let me first thank the gen- tive Dixon surprised all of us, because

VerDate 11-MAY-2000 03:41 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.083 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6829 as elected officials from Southern Cali- have the opportunity to know Mr. chaired the rules committee at the Democratic fornia, we relied on his steadfastness Dixon, but he sounds like a great man National Convention in 1989. Later in 1989 he and consistency. Although his passing and I urge all of my colleagues to sup- chaired the House ethics Committee where he created a tremendous sense of loss for port this measure. also served with distinction. In acknowledge- the members of the Congressional Ms. JACKSON-LEE of Texas. Mr. Speaker, ment of his keen leadership, In Janaury 1999, Black Caucus, it sparked a resurgence I rise today in strong support of this legislation Minority Leader RICHARD GEPHARDT pointed of political rededication by local elect- which will redesignate the postal facility at the Congressman ranking member on the ed officials to seize the mantle of lead- 5472 Crenshaw Boulevard in Los Angeles as House Permanent Select Committee on Intel- ership and fill the void. the ‘‘Congressman Julian C. Dixon Post Office ligence, making him the highest—ranking Julian cast a giant political shadow, Building,’’ in honor of my colleague and friend Democrat on this exclusive 16-member panel. and we continue to reflect on his last- Congressman Julian C. Dixon of California. The 106th Congress marked Congressman ing political contributions. I treasure There is much that I could say, but a day, a Dixon’s 11th term in the House of Representa- my service in Congress with my former week, even a month would not allow me tives. His work as a public servant was highly colleague. The naming of this post of- enough time to express all that Julian C. respected, and his stature as a statesman un- fice in his name is a small symbol of Dixon was to his family, colleagues, friends, matched. For this reason and many others, our congressional gratitude for his constituents nor to God’s good works here on members from both sides of the aisle will miss work. But our efforts pale in compari- earth. Julian. Julian Dixon, while serving in the son to the wonderful and many deeds A son is a mother’s and father’s best hopes United States House of Representative, lived he performed on behalf of the constitu- and dreams personified. A husband is a wife’s the lessons of his life in earnest—truth, justice, ents he loved and faithfully served. best friend, companion and advisor. A father is equality, and compassion for all. Nonetheless, I am proud to offer my a counselor, aide and active participant in the God called Julian to Himself and now it is political support on behalf of H.R. 2454. lives of his children. Congressman is the title our heavy burden to continue Congressman Mr. DAVIS of Illinois. Mr. Speaker, I bestowed to those among us who are selected Dixon’s example without his guidance and ma- yield 3 minutes to the gentlewoman by the residents of our communities to rep- turity. This postal dedication is a fitting tribute from California (Ms. WOOLSEY). resent the people’s interest in our nation’s de- to a man whose, selflessness, compassion, Ms. WOOLSEY. Mr. Speaker, Con- mocracy. A leader among Members of Con- and patriotism serves as a beacon to all citi- gressman Julian Dixon was a legisla- gress demonstrates himself as a pillar of zens of this national committed to living in a tive pioneer and a trusted colleague. It strength for our community of public servants better America. is only fitting that this post office in who populate the halls of power within federal Ms. LEE. Mr. Speaker, I rise in strong sup- Los Angeles be named as a testament government. port of H.R. 2454, to dedicate a U.S. Postal to his legendary career. These are only a few of the titles that the Service facility in Los Angeles after the late During Julian’s 22 years in Congress, Honorable Julian C. Dixon gathered during his Congressman Julian Dixon. he worked tirelessly as an advocate for brief 66 years with us. Representative Dixon proudly represented the people of the 32nd district of Cali- Congressman Dixon honorably represented west Los Angeles as a Member of Congress fornia, as well as for all of the people of the residents of the 32nd Congressional Dis- from 1979 until his untimely passing in 2000. California and of the people of this Na- trict for twenty-two years. He was first elected He was the ranking Democrat on the House tion. in 1978 to serve the residents of the 32nd Dis- Permanent Select Committee on Intelligence One of Julian’s most notable, but trict of California, which includes the greater and a senior member of the Appropriations perhaps lesser-known, accomplish- Crenshaw community, parts of West Los An- Committee, where he tirelessly worked to ex- ments came in 1994, when he spear- geles, and the city of Culver City. Julian Dix- pand and uphold civil rights. headed the passage of a bill that pro- on’s reputation as an intelligent, politically Representative Dixon worked hard to rep- vided $8.6 billion in relief for the Los savvy team player with high ethics and tough resent his district and beyond. He was a Angeles earthquake victims, and spe- judgement made him a mover and shaker on champion and leading supporter of the Los cifically forbade using the funds for Capitol Hill from his earliest days here in Angeles commuter rail system. He was known discrimination on the basis of sexual Washington, DC. for his efforts to boost the economic standards orientation. Julian Dixon was appointed to the House of his district and maintain the nation’s com- Appropriations Committee and rose quickly to mitment to uphold basic human rights. b 1730 become chairman of the District of Columbia Representative Julian Dixon was regarded This was the first time language ban- Subcommittee, where he championed the as a leader, friend, and mentor to many of us. ning sexual discrimination was in- cause of disenfranchised District of Columbia I urge my colleagues to support this bill to cluded in Federal law. residents for a larger voice their city’s govern- designate the post office in honor of Rep- Julian was a great hero. He was a ance. As a member of the Appropriation Sub- resentative Julian Dixon and his heroic work great hero for human rights. We in this committee on Defense; the Subcommittee on throughout his lifetime. body must follow his example. We must Commerce, Justice, State, and Judiciary; and Mr. SCHIFF. Mr. Speaker, I would like to build on the essence of his inclusive vi- the Subcommittee on the District of Columbia take this opportunity to honor the memory of sion. Mr. Speaker, we miss Julian. he always put people first, and did so with a Representative Julian Dixon by strongly sup- Mr. DAVIS of Illinois. Mr. Speaker, I spirit of cooperation and conviction rarely porting the redesignation of the facility of the yield myself such time as I may con- found in these hallowed halls. United States Postal Service located in Los sume. As a member of the House Appropriations Angeles, California, as the ‘‘Congressman Ju- Mr. Speaker, I have no further re- Committee Congressman Dixon found ways to lian C. Dixon Post Office Building.’’ quests for time, although I note that balance the needs of poorer residents of his Born in Washington, D.C., Dixon moved to the gentleman from California (Mr. District with those holding large economic in- Los Angeles where he attended California FARR) and the gentleman from Georgia terests. For example, he sponsored a loan State University at Los Angeles and earned a (Mr. LEWIS) were desirous of making guarantee act for small businesses hurt by law degree at Southwestern University. A comments relative to the contributions military base closings and defense contract bold, consistent voice for minority rights, Dixon made by Representative Dixon. I know terminations. devoted his life to serving Los Angeles, D.C., all of the brothers of our fraternity, Julian Dixon believed in helping the helpless and the country as a whole. Alpha Phi Alpha, every time they visit and proud to stand under that banner. He was Starting out as an attorney, he spent three California and get an opportunity, each not apologetic, as some have been, because years in the California State Legislature where one of them will go by and visit the Ju- of the scorn shown to public servants that he rose to the post of chairman of the Assem- lian C. Dixon Post Office. work for justice and equity for the poorest bly’s Democratic Caucus before running to Mr. Speaker, I thank the gentle- Americans, while insuring fairness for all. In represent the area of west Los Angeles in the woman from Virginia for her courtesy. living his convictions to serve all of his con- U.S. Congress. Once there, he tirelessly Mr. Speaker, I yield back the balance stituents he stepped in with ‘‘dire emergency’’ served his district, which stretches from of my time. supplements for Los Angeles after the riots in Koreatown to Culver City and from Cheviot Mrs. JO ANN DAVIS of Virginia. Mr. 1992 and the Northridge earthquake in Janu- Hills to Crenshaw, for eleven impressive Speaker, I yield myself 30 seconds. ary 1994. terms. Mr. Speaker, I urge all of my col- Because of his impeccable character and Dixon served on the Ethics and Appropria- leagues to support H.R. 2454. I did not commitment to the Democratic Party he tions Committees, was the ranking Democrat

VerDate 11-MAY-2000 03:41 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.084 pfrm04 PsN: H16PT1 H6830 CONGRESSIONAL RECORD — HOUSE October 16, 2001 on the House Permanent Select Committee on He never asked for public credit or press at- I am grateful to have served with Julian Intelligence, and chaired the subcommittee tention. He simply worked hard and effectively Dixon and I know his constituents were grate- overseeing the District of Columbia. Addition- for our country and the people he served. His ful for his service. Julian was one of those all- ally, he served as a chairman of the Congres- leadership over the years on the Appropria- too-rare Members of Congress who had the sional Black Caucus. tions, Defense, Ethics and Intelligence Com- ability to approach the most difficult and divi- He was a relentless, charismatic leader of mittees and in the Congressional Black Cau- sive questions in a judicious, thoughtful, and civil rights, education, and urban development cus earned him the respect and admiration of non-partisan manner. Julian served with dis- and loyally committed to his constituents. A all Members of Congress. Julian never failed tinction in many roles in Congress, but his perfect example of this is the effort he put to rise above partisanship for the good of the work as Chair of the Ethics Committee and forth in 1994 to introduce and spearhead the Congress and our nation. Chair of the District of Columbia Appropria- passage of a bill providing $8.6 billion in relief Congressman Dixon was a great statesman. tions Subcommittee perfectly illustrate his for Los Angeles earthquake victims. Because I urge the passage of this fitting tribute. commitment to take on thankless tasks in an this bill specifically forbade discrimination on Ms. ROYBAL-ALLARD. Mr. Speaker, I rise effort to make his country a better place. the basis of sexual orientation, it set a prece- in strong support of H.R. 2454, to name a This was a man who truly connected with dent as the first language banning discrimina- Post Office in Los Angeles, California after my the people, regardless of where they lived. tion based on sexual orientation being in- friend, mentor, and fellow Angeleno, Con- There was never a time when he was too cluded in federal law. However, this was not gressman Julian Dixon. busy to talk to those who wanted to bend his the only time he set precedent. While on the And I commend my colleague, Congress- ear; the Rayburn subway driver, the com- Appropriations Committee, he successfully woman DIANE WATSON, for sponsoring this fit- mittee secretary, and of course, there was al- lead the fight for federal funding of Los Ange- ting legislation. ways time to talk to a former staffer. To name I had the privilege of knowing Julian Dixon les area public transportation measures—spe- this post office for Julian Dixon is to give prop- for many years, including the years he served cifically its much-needed Metro Rail subway er tribute to a man who dedicated his life to with my father, Congressman Edward R. Roy- project. Additionally, he responded to constitu- public service. bal, in the 1970s and 80s. Mr. MATSUI. Mr. Speaker, I rise today to ents needs by making constant inroads on Julian Dixon’s achievements during his crime and gang prevention, by committing nearly three-decade tenure as a legislator are join my colleagues in honoring the late Julian himself to improving Los Angeles schools, and too numerous to recount. C. Dixon. I had the distinct pleasure of coming by obtaining a ‘‘dire emergency’’ supplemental He was chairman of the House ethics com- to Congress with Mr. Dixon in 1978 and it is appropriations bill after the Los Angeles riots mittee, maintaining bipartisanship on a tradi- with a heavy heart that I pay tribute to him to meet emergency needs in his district and tionally partisan committee. A fighter in the today as a cosponsor of H.R. 2454 to redesig- other affected areas. struggle for civil rights, he brought that com- nate the U.S. Postal Service facility located at Julian Dixon is a true example of the dif- mitment to his chairmanship of the District of 5422 Crenshaw Boulevard in Los Angeles, ference one person’s passion can make upon Columbia Appropriations subcommittee where California as the Julian C. Dixon Post Office the lives of the American people and the way he was a strong advocate for the rights of DC Building. government works. His life-long commitment residents. Recognizing his leadership capabili- With only four Democrats in that year’s to improving his city and country is truly com- ties, Julian was elected Chairman of the influ- freshman class, Mr. Dixon and I became fast mendable and will not be forgotten. ential Congressional Black Caucus in the friends and close confidants. From the start, I Mr. BISHOP. Mr. Speaker, when Julian 1980s. More recently, he served as ranking greatly admired his political sophistication and Dixon became chairman of the House Ethics democrat on the prestigious and demanding extraordinary sensitivity. His reliably liberal Committee some years ago, a reporter asked Select Intelligence Committee. voice served as a consistent champion for mi- a political scholar at one of Washington’s While Julian accomplished many great norities, but was decidedly silent during par- think-tanks to evaluate the veteran House things during his tenure in the House of Rep- tisan wrangling. For this and many other rea- member from California. The scholar thought resentatives, his first and most cherished prisons, Mr. Dixon was held by the California for a moment, and answered that he was basi- ority was always his constituents and his Los delegation as the moral compass of our State. cally a quiet man—but one who was also ex- Angeles-area community. This body has lost a distinguished gentleman, tremely bright, deep, thoughtful, tough, and Whether it was fighting for emergency fund- but will forever be richer in his memory. extraordinarily effective. ing for Los Angeles after the riot in 1992 and Ms. HARMAN. Mr. Speaker, I rise in strong To those of us who knew him and served the Northridge earthquake in 1994, or advo- support of H.R. 2454, which would name the with him, he was all of these things during his cating on behalf of the Los Angeles public United States Postal Service located at 5472 many years of legislative service—and more! transportation system, Julian Dixon was a de- Crenshaw Boulevard in Los Angeles in honor To me, he was a mentor and friend. When voted and effective legislator. of our colleague and friend, Julian C. Dixon. I arrived in Congress, I soon recognized that His constituents and community will con- As many have already said, Julian was a while his style may have been low-key, he tinue to benefit from his great legacy of serv- wonderful person. His strength flowed from his was truly an impressive mover and shaker ice for many years to come. quiet, yet determined, manner. His success who was achieving many things others were I can think of no more appropriate tribute derived from his friendliness and good humor unable to achieve—one who was uplifting the than to have a community institution, such as and his ability to fill the shoes of other individ- poor and disadvantaged protecting the integ- this post office, named after Julian Dixon—for uals, even adversaries. rity of the legislative process, and building a Julian was and continues to be a true institu- As chairman of the District of Columbia Ap- stronger and more secure country. tion in his community and throughout our great propriations Subcommittee, in particular, he While he fought as hard as anyone I know state of California. demonstrated that influence is often more for causes he believed in, he fought truthfully Mr. BERMAN. Mr. Speaker, I rise today in powerful when not exercised and that the abil- and fairly. And, when it was over, he invariably support of H.R. 2454, designating the Con- ity of Congress to legislate outcomes is often retained the deep respect and friendship of gressman Julian Dixon Post Office in Los An- counter-productive when actually used. He those with whom he differed. There are many geles, California. had a deep respect for the citizens of the Dis- fighters, but only a rare few who end up bring- Julian Dixon was a true statesman who trict, as he did for his own constituents. ing people closer together. served his constituents in California, and the The respect this chamber had for Julian is It is a privilege to rise in support of H.R. people of the United States with great distinc- evident by the difficult assignments he was 2454 to designate a Post Office in his home- tion for over 20 years. Julian cared passion- asked to undertake, including chairing the town of Los Angeles as the ‘‘Congressman Ju- ately for the poor and worked to see that their House Committee on Standards for two suc- lian C. Dixon Post Office Building.’’ interests were heard in Washington. With se- cessive Congresses. Just prior to his death, Mr. WAXMAN. Mr. Speaker, I urge my col- rene eloquence, Julian worked to increase di- he was the ranking member on the House In- leagues to support H.R. 2454, a bill that would versity on the Hill, successfully initiated and telligence Committee, on which I also served name the U.S. post office facility on Crenshaw funded residential programs for ‘‘at risk’’ youth and where I had the opportunity to witness Boulevard in Los Angeles after my good friend in the inner city, and provided training and both his love for our nation and his deep con- Julian Dixon, who served in the House from education to the high school students of his cerned about its security. 1979 until his death last December. district in the high-tech defense industry for, Julian was the consummate legislator. He Julian was a giant of a man and a great leg- as he once stated, ‘‘what good is it to have believed in the innate goodness of people and islator. I was fortunate to have the opportunity high tech weapons and inadequate training for it was that belief which invariably helped him to know and work with him for three decades. the kids who will be using them?’’ win the day.

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\A16OC7.065 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6831 As future generations pass by the Postal bill (H.R. 2904) making appropriations thorized by law, $1,194,880,000, to remain avail- Service at 5472 Crenshaw Boulevard in Los for military construction, family hous- able until September 30, 2006: Provided, That of Angeles, I hope they too will appreciate the ing, and base realignment and closure this amount, not to exceed $83,210,000 shall be values, the service and dedication which char- for the Department of Defense for the available for study, planning, design, architect and engineer services, as authorized by law, un- acterized the life of Julian C. Dixon. fiscal year ending September 30, 2002, less the Secretary of Defense determines that ad- I was proud to serve with him and proud to and for other purposes: ditional obligations are necessary for such pur- have him as a friend. CONFERENCE REPORT (H. REPT. 107–246) poses and notifies the Committees on Appropria- Mrs. JO ANN DAVIS of Virginia. Mr. tions of both Houses of Congress of his deter- The committee of conference on the dis- Speaker, I yield back the balance of mination and the reasons therefor: Provided agreeing votes of the two Houses on the my time. further, That of the funds appropriated for amendment of the Senate to the bill (H.R. The SPEAKER pro tempore (Mr. ‘‘Military Construction, Air Force’’ under pre- 2904) ‘‘making appropriations for military vious Military Construction Appropriations QUINN). The question is on the motion construction, family housing, and base re- Acts, $4,000,000 are rescinded. offered by the gentlewoman from Vir- alignment and closure for the Department of ginia (Mrs. JO ANN DAVIS) that the Defense for the fiscal year ending September MILITARY CONSTRUCTION, DEFENSE-WIDE House suspend the rules and pass the 30, 2002, and for other purposes,’’ having met, (INCLUDING TRANSFER AND RESCISSIONS OF bill, H.R. 2454, as amended. after full and free conference, have agreed to FUNDS) The question was taken; and (two- recommend and do recommend to their re- For acquisition, construction, installation, thirds having voted in favor thereof) spective Houses as follows: and equipment of temporary or permanent pub- the rules were suspended and the bill, That the House recede from its disagree- lic works, installations, facilities, and real prop- as amended, was passed. ment to the amendment of the Senate, and erty for activities and agencies of the Depart- The title of the bill was amended so agree to the same with an amendment, as ment of Defense (other than the military depart- follows: ments), as currently authorized by law, as to read: ‘‘A bill to redesignate the In lieu of the matter stricken and inserted $840,558,000, to remain available until September facility of the United States Postal by said amendment, insert: 30, 2006: Provided, That such amounts of this Service located at 5472 Crenshaw Bou- That the following sums are appropriated, out appropriation as may be determined by the Sec- levard in Los Angeles, California, as of any money in the Treasury not otherwise ap- retary of Defense may be transferred to such ap- the ‘Congressman Julian C. Dixon Post propriated for military construction, family propriations of the Department of Defense avail- Office’.’’. housing, and base realignment and closure able for military construction or family housing A motion to reconsider was laid on functions administered by the Department of as he may designate, to be merged with and to the table. Defense, for the fiscal year ending September 30, be available for the same purposes, and for the 2002, and for other purposes, namely: same time period, as the appropriation or fund f MILITARY CONSTRUCTION, ARMY to which transferred: Provided further, That of the amount appropriated, not to exceed COMMUNICATION FROM THE HON- (INCLUDING RESCISSION) $66,496,000 shall be available for study, plan- ORABLE CAROLYN B. MALONEY, For acquisition, construction, installation, ning, design, architect and engineer services, as MEMBER OF CONGRESS and equipment of temporary or permanent pub- authorized by law, unless the Secretary of De- lic works, military installations, facilities, and The SPEAKER pro tempore laid be- fense determines that additional obligations are real property for the Army as currently author- fore the House the following commu- necessary for such purposes and notifies the ized by law, including personnel in the Army nication from the Hon. CAROLYN B. Committees on Appropriations of both Houses of Corps of Engineers and other personal services Congress of his determination and the reasons MALONEY, Member of Congress: necessary for the purposes of this appropriation, therefor: Provided further, That of the funds CONGRESS OF THE UNITED STATES, and for construction and operation of facilities appropriated for ‘‘Military Construction, De- HOUSE OF REPRESENTATIVES, in support of the functions of the Commander in fense-wide’’ under Public Law 106–246, Washington, DC, October 10, 2001. Chief, $1,778,256,000, to remain available until $65,280,000 are rescinded: provided further; That Hon. J. DENNIS HASTERT, September 30, 2006: Provided, That of this of the funds appropriated for ‘‘Military Con- Speaker, House of Representatives, Washington, amount, not to exceed $163,198,000 shall be struction, Defense-wide’’ under previous Mili- DC. available for study, planning, design, architect tary Construction Appropriations Acts, DEAR MR. SPEAKER: This is to formally no- and engineer services, and host nation support, $4,000,000 are rescinded. tify you pursuant to Rule VIII of the Rules as authorized by law, unless the Secretary of of the House that I have received a subpoena Defense determines that additional obligations MILITARY CONSTRUCTION, ARMY NATIONAL for testimony and documents issued by the are necessary for such purposes and notifies the GUARD Supreme Court of New York. Committees on Appropriations of both Houses of For construction, acquisition, expansion, re- After consultation with the Office of Gen- Congress of his determination and the reasons habilitation, and conversion of facilities for the eral Counsel, I have determined that the sub- therefor: Provided further, That of the funds training and administration of the Army Na- poena for testimony does not comply with appropriated for ‘‘Military Construction, Army’’ tional Guard, and contributions therefor, as au- the requirements of Rule VIII. under Public Law 106–52, $36,400,000 are re- thorized by chapter 1803 of title 10, United Sincerely, scinded. States Code, and Military Construction Author- CAROLYN B. MALONEY, MILITARY CONSTRUCTION, NAVY ization Acts, $405,565,000, to remain available Member of Congress. until September 30, 2006. (INCLUDING RESCISSION) f MILITARY CONSTRUCTION, AIR NATIONAL GUARD For acquisition, construction, installation, RECESS and equipment of temporary or permanent pub- For construction, acquisition, expansion, re- The SPEAKER pro tempore. Pursu- lic works, naval installations, facilities, and real habilitation, and conversion of facilities for the property for the Navy as currently authorized training and administration of the Air National ant to clause 12 of rule I, the Chair de- Guard, and contributions therefor, as author- clares the House in recess until ap- by law, including personnel in the Naval Facili- ties Engineering Command and other personal ized by chapter 1803 of title 10, United States proximately 6:30 p.m. today. services necessary for the purposes of this ap- Code, and Military Construction Authorization Accordingly (at 5 o’clock and 31 min- propriation, $1,144,221,000, to remain available Acts, $253,386,000, to remain available until Sep- utes p.m.), the House stood in recess until September 30, 2006: Provided, That of this tember 30, 2006. until approximately 6:30 p.m. amount, not to exceed $34,152,000 shall be avail- MILITARY CONSTRUCTION, ARMY RESERVE f able for study, planning, design, architect and For construction, acquisition, expansion, re- engineer services, as authorized by law, unless habilitation, and conversion of facilities for the b 1833 the Secretary of Defense determines that addi- training and administration of the Army Re- AFTER RECESS tional obligations are necessary for such pur- serve as authorized by chapter 1803 of title 10, poses and notifies the Committees on Appropria- The recess having expired, the House United States Code, and Military Construction tions of both Houses of Congress of his deter- Authorization Acts, $167,019,000, to remain was called to order by the Speaker pro mination and the reasons therefor: Provided available until September 30, 2006. tempore (Mr. HAYES) at 6 o’clock and 33 further, That of the funds appropriated for MILITARY CONSTRUCTION, NAVAL RESERVE minutes p.m. ‘‘Military Construction, Navy’’ under Public Law 106–246, $19,588,000 are rescinded. (INCLUDING RESCISSION) f For construction, acquisition, expansion, re- MILITARY CONSTRUCTION, AIR FORCE CONFERENCE REPORT ON H.R. 2904, habilitation, and conversion of facilities for the MILITARY CONSTRUCTION AP- (INCLUDING RESCISSION) training and administration of the reserve com- PROPRIATIONS ACT, 2002 For acquisition, construction, installation, ponents of the Navy and Marine Corps as au- and equipment of temporary or permanent pub- thorized by chapter 1803 of title 10, United Mr. HOBSON submitted the following lic works, military installations, facilities, and States Code, and Military Construction Author- conference report and statement on the real property for the Air Force as currently au- ization Acts, $53,201,000, to remain available

VerDate 11-MAY-2000 04:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6333 E:\CR\FM\A16OC7.067 pfrm04 PsN: H16PT1 H6832 CONGRESSIONAL RECORD — HOUSE October 16, 2001 until September 30, 2006: Provided, That of the tiatives undertaken pursuant to section 2883 of be obligated for architect and engineer contracts funds appropriated for ‘‘Military Construction, title 10, United States Code, providing alter- estimated by the Government to exceed $500,000 Naval Reserve’’ under Public Law 106–246, native means of acquiring and improving mili- for projects to be accomplished in Japan, in any $925,000 are rescinded. tary family housing, and supporting facilities. NATO member country, or in countries bor- MILITARY CONSTRUCTION, AIR FORCE RESERVE HOMEOWNERS ASSISTANCE FUND, DEFENSE dering the Arabian Sea, unless such contracts are awarded to United States firms or United For construction, acquisition, expansion, re- For the Homeowners Assistance Fund estab- States firms in joint venture with host nation habilitation, and conversion of facilities for the lished by section 1013 of the Demonstration Cit- firms. training and administration of the Air Force Re- ies and Metropolitan Development Act of 1966, SEC. 112. None of the funds appropriated in serve as authorized by chapter 1803 of title 10, as amended (42 U.S.C. 3374) $10,119,000, to re- Military Construction Appropriations Acts for United States Code, and Military Construction main available until expended. military construction in the United States terri- Authorization Acts, $74,857,000, to remain avail- BASE REALIGNMENT AND CLOSURE ACCOUNT tories and possessions in the Pacific and on able until September 30, 2006. For deposit into the Department of Defense Kwajalein Atoll, or in countries bordering the NORTH ATLANTIC TREATY ORGANIZATION Base Closure Account 1990 established by sec- Arabian Sea, may be used to award any con- SECURITY INVESTMENT PROGRAM tion 2906(a)(1) of the Department of Defense Au- tract estimated by the Government to exceed For the United States share of the cost of the thorization Act, 1991 (Public Law 101–510), $1,000,000 to a foreign contractor: Provided, North Atlantic Treaty Organization Security In- $632,713,000, to remain available until expended. That this section shall not be applicable to con- vestment Program for the acquisition and con- GENERAL PROVISIONS tract awards for which the lowest responsive struction of military facilities and installations and responsible bid of a United States con- SEC. 101. None of the funds appropriated in (including international military headquarters) Military Construction Appropriations Acts shall tractor exceeds the lowest responsive and re- and for related expenses for the collective de- be expended for payments under a cost-plus-a- sponsible bid of a foreign contractor by greater fense of the North Atlantic Treaty Area as au- fixed-fee contract for construction, where cost than 20 percent: Provided further, That this sec- thorized in Military Construction Authorization estimates exceed $25,000, to be performed within tion shall not apply to contract awards for mili- Acts and section 2806 of title 10, United States the United States, except Alaska, without the tary construction on Kwajalein Atoll for which Code, $162,600,000, to remain available until ex- specific approval in writing of the Secretary of the lowest responsive and responsible bid is sub- pended. Defense setting forth the reasons therefor. mitted by a Marshallese contractor. SEC. 113. The Secretary of Defense is to inform FAMILY HOUSING CONSTRUCTION, ARMY SEC. 102. Funds appropriated to the Depart- For expenses of family housing for the Army ment of Defense for construction shall be avail- the appropriate committees of Congress, includ- for construction, including acquisition, replace- able for hire of passenger motor vehicles. ing the Committees on Appropriations, of the plans and scope of any proposed military exer- ment, addition, expansion, extension and alter- SEC. 103. Funds appropriated to the Depart- ation, as authorized by law, $312,742,000, to re- ment of Defense for construction may be used cise involving United States personnel 30 days main available until September 30, 2006. for advances to the Federal Highway Adminis- prior to its occurring, if amounts expended for construction, either temporary or permanent, FAMILY HOUSING OPERATION AND MAINTENANCE, tration, Department of Transportation, for the are anticipated to exceed $100,000. ARMY construction of access roads as authorized by SEC. 114. Not more than 20 percent of the ap- For expenses of family housing for the Army section 210 of title 23, United States Code, when projects authorized therein are certified as im- propriations in Military Construction Appro- for operation and maintenance, including debt priations Acts which are limited for obligation payment, leasing, minor construction, principal portant to the national defense by the Secretary of Defense. during the current fiscal year shall be obligated and interest charges, and insurance premiums, during the last 2 months of the fiscal year. as authorized by law, $1,089,573,000. SEC. 104. None of the funds appropriated in this Act may be used to begin construction of (TRANSFER OF FUNDS) FAMILY HOUSING CONSTRUCTION, NAVY AND new bases inside the continental United States SEC. 115. Funds appropriated to the Depart- MARINE CORPS for which specific appropriations have not been ment of Defense for construction in prior years For expenses of family housing for the Navy made. shall be available for construction authorized and Marine Corps for construction, including SEC. 105. No part of the funds provided in for each such military department by the au- acquisition, replacement, addition, expansion, Military Construction Appropriations Acts shall thorizations enacted into law during the current extension and alteration, as authorized by law, be used for purchase of land or land easements session of Congress. $331,780,000, to remain available until September in excess of 100 percent of the value as deter- SEC. 116. For military construction or family 30, 2006. mined by the Army Corps of Engineers or the housing projects that are being completed with FAMILY HOUSING OPERATION AND MAINTENANCE, Naval Facilities Engineering Command, except: funds otherwise expired or lapsed for obligation, NAVY AND MARINE CORPS (1) where there is a determination of value by a expired or lapsed funds may be used to pay the cost of associated supervision, inspection, over- For expenses of family housing for the Navy Federal court; (2) purchases negotiated by the head, engineering and design on those projects and Marine Corps for operation and mainte- Attorney General or his designee; (3) where the and on subsequent claims, if any. nance, including debt payment, leasing, minor estimated value is less than $25,000; or (4) as SEC. 117. Notwithstanding any other provision construction, principal and interest charges, otherwise determined by the Secretary of De- of law, any funds appropriated to a military de- and insurance premiums, as authorized by law, fense to be in the public interest. partment or defense agency for the construction $910,095,000. SEC. 106. None of the funds appropriated in Military Construction Appropriations Acts shall of military projects may be obligated for a mili- FAMILY HOUSING CONSTRUCTION, AIR FORCE be used to: (1) acquire land; (2) provide for site tary construction project or contract, or for any For expenses of family housing for the Air preparation; or (3) install utilities for any fam- portion of such a project or contract, at any Force for construction, including acquisition, ily housing, except housing for which funds time before the end of the fourth fiscal year replacement, addition, expansion, extension and have been made available in annual Military after the fiscal year for which funds for such alteration, as authorized by law, $550,703,000, to Construction Appropriations Acts. project were appropriated if the funds obligated remain available until September 30, 2006. SEC. 107. None of the funds appropriated in for such project: (1) are obligated from funds FAMILY HOUSING OPERATION AND MAINTENANCE, Military Construction Appropriations Acts for available for military construction projects; and AIR FORCE minor construction may be used to transfer or (2) do not exceed the amount appropriated for For expenses of family housing for the Air relocate any activity from one base or installa- such project, plus any amount by which the cost Force for operation and maintenance, including tion to another, without prior notification to the of such project is increased pursuant to law. debt payment, leasing, minor construction, prin- Committees on Appropriations. (TRANSFER OF FUNDS) cipal and interest charges, and insurance pre- SEC. 108. No part of the funds appropriated in SEC. 118. During the 5-year period after ap- miums, as authorized by law, $844,715,000. Military Construction Appropriations Acts may propriations available to the Department of De- FAMILY HOUSING, DEFENSE-WIDE be used for the procurement of steel for any con- fense for military construction and family hous- struction project or activity for which American ing operation and maintenance and construc- For expenses of family housing for the activi- steel producers, fabricators, and manufacturers tion have expired for obligation, upon a deter- ties and agencies of the Department of Defense have been denied the opportunity to compete for mination that such appropriations will not be (other than the military departments) for con- such steel procurement. necessary for the liquidation of obligations or struction, including acquisition, replacement, SEC. 109. None of the funds available to the for making authorized adjustments to such ap- addition, expansion, extension and alteration, Department of Defense for military construction propriations for obligations incurred during the and for operation and maintenance, leasing, or family housing during the current fiscal year period of availability of such appropriations, and minor construction, as authorized by law, may be used to pay real property taxes in any unobligated balances of such appropriations as follows: for Construction, $250,000 to remain foreign nation. may be transferred into the appropriation ‘‘For- available until September 30, 2006; for Operation SEC. 110. None of the funds appropriated in eign Currency Fluctuations, Construction, De- and Maintenance, $43,762,000; in all $44,012,000. Military Construction Appropriations Acts may fense’’ to be merged with and to be available for DEPARTMENT OF DEFENSE FAMILY HOUSING be used to initiate a new installation overseas the same time period and for the same purposes IMPROVEMENT FUND without prior notification to the Committees on as the appropriation to which transferred. For the Department of Defense Family Hous- Appropriations. SEC. 119. The Secretary of Defense is to pro- ing Improvement Fund, $2,000,000, to remain SEC. 111. None of the funds appropriated in vide the Committees on Appropriations of the available until expended, for family housing ini- Military Construction Appropriations Acts may Senate and the House of Representatives with

VerDate 11-MAY-2000 03:41 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 6333 E:\CR\FM\A16OC7.030 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6833 an annual report by February 15, containing (C) the extended deployment overseas of units stallations approved for closure or realignment details of the specific actions proposed to be stationed at such installation. under the base closure laws shall accurately re- taken by the Department of Defense during the (2) Each notice under this subsection shall flect the anticipated cost of such activities in current fiscal year to encourage other member specify the nature of the guarantee involved such fiscal year. nations of the North Atlantic Treaty Organiza- and assess the extent and likelihood, if any, of (b) BASE CLOSURE LAWS DEFINED.—In this tion, Japan, Korea, and United States allies bor- the liability of the Federal Government with re- section, the term ‘‘base closure laws’’ means the dering the Arabian Sea to assume a greater spect to the guarantee. following: share of the common defense burden of such na- (c) In this section, the term ‘‘congressional de- (1) Section 2687 of title 10, United States Code. tions and the United States. fense committees’’ means the following: (2) The Defense Base Closure and Realign- (TRANSFER OF FUNDS) (1) The Committee on Armed Services and the ment Act of 1990 (part A of title XXIX of Public SEC. 120. During the current fiscal year, in Military Construction Subcommittee, Committee Law 101–510; 10 U.S.C. 2687 note). on Appropriations of the Senate. addition to any other transfer authority avail- (3) Title II of the Defense Authorization (2) The Committee on Armed Services and the able to the Department of Defense, proceeds de- Amendments and Base Closure and Realignment Military Construction Subcommittee, Committee posited to the Department of Defense Base Clo- Act (Public Law 100–526; 10 U.S.C. 2687 note). sure Account established by section 207(a)(1) of on Appropriations of the House of Representa- SEC. 132. (a) The total of the amounts appro- tives. the Defense Authorization Amendments and priated by the other provisions of this Act, other Base Closure and Realignment Act (Public Law (TRANSFER OF FUNDS) than the amounts appropriated for the accounts 100–526) pursuant to section 207(a)(2)(C) of such SEC. 126. During the current fiscal year, in specified in subsection (c), is hereby reduced by Act, may be transferred to the account estab- addition to any other transfer authority avail- 1.127 percent. lished by section 2906(a)(1) of the Department of able to the Department of Defense, amounts (b) The total amount of the reduction com- Defense Authorization Act, 1991, to be merged may be transferred from the account established puted under subsection (a) shall be allocated with, and to be available for the same purposes by section 2906(a)(1) of the Department of De- proportionally among all of the budget activi- and the same time period as that account. fense Authorization Act, 1991, to the fund estab- ties, activity groups, and subactivity groups and SEC. 121. (a) No funds appropriated pursuant lished by section 1013(d) of the Demonstration among all of the accounts and all of the pro- to this Act may be expended by an entity unless Cities and Metropolitan Development Act of 1966 grams, projects, and activities within each ac- the entity agrees that in expending the assist- (42 U.S.C. 3374) to pay for expenses associated count, except for the accounts specified in sub- ance the entity will comply with sections 2 with the Homeowners Assistance Program. Any section (c). through 4 of the Act of March 3, 1933 (41 U.S.C. amounts transferred shall be merged with and (c) No reduction shall be allocated under this 10a–10c, popularly known as the ‘‘Buy Amer- be available for the same purposes and for the section to the Base Realignment and Closure ican Act’’). same time period as the fund to which trans- Account, or to the North Atlantic Treaty Orga- (b) No funds made available under this Act ferred. nization Security Investment Program. shall be made available to any person or entity SEC. 127. Notwithstanding this or any other who has been convicted of violating the Act of provision of law, funds appropriated in Military This Act may be cited as the ‘‘Military Con- March 3, 1933 (41 U.S.C. 10a–10c, popularly Construction Appropriations Acts for operations struction Appropriations Act, 2002’’. known as the ‘‘Buy American Act’’). and maintenance of family housing shall be the And the Senate agree to the same. SEC. 122. (a) In the case of any equipment or exclusive source of funds for repair and mainte- DAVID L. HOBSON, products that may be authorized to be pur- nance of all family housing units, including JAMES T. WALSH, chased with financial assistance provided under general or flag officer quarters: Provided, That DAN MILLER, this Act, it is the sense of the Congress that en- not more than $35,000 per unit may be spent an- ROBERT B. ADERHOLT, tities receiving such assistance should, in ex- nually for the maintenance and repair of any KAY GRANGER, pending the assistance, purchase only Amer- general or flag officer quarters without 30 days VIRGIL GOODE, Jr., ican-made equipment and products. advance prior notification to the appropriate JOE SKEEN, (b) In providing financial assistance under committees of Congress: Provided further, That this Act, the Secretary of the Treasury shall DAVID VITTER, the Under Secretary of Defense (Comptroller) is BILL YOUNG, provide to each recipient of the assistance a no- to report annually to the Committees on Appro- tice describing the statement made in subsection JOHN W. OLVER, priations all operations and maintenance ex- CHET EDWARDS, (a) by the Congress. penditures for each individual general or flag (TRANSFER OF FUNDS) SAM FARR, officer quarters for the prior fiscal year. ALLEN BOYD, SEC. 123. Subject to 30 days prior notification SEC. 128. In addition to the amounts provided NORMAN DICKS, to the Committees on Appropriations, such addi- in Public Law 107–20, of the funds appropriated tional amounts as may be determined by the DAVID OBEY, under the heading ‘‘Military Construction, Air Managers on the Part of the House. Secretary of Defense may be transferred to the Force’’ in this Act, $8,000,000 is to remain avail- Department of Defense Family Housing Im- able until September 30, 2005: Provided, That DIANNE FEINSTEIN, provement Fund from amounts appropriated for notwithstanding any other provision of law, DANIEL K. INOUYE, construction in ‘‘Family Housing’’ accounts, to such funds may be obligated or expended to TIM JOHNSON, be merged with and to be available for the same carry out planning and design and military con- MARY LANDRIEU, purposes and for the same period of time as struction activities at the Masirah Island Air- HARRY REID, amounts appropriated directly to the Fund: Pro- field in Oman, not otherwise authorized by law. ROBERT C. BYRD, vided, That appropriations made available to SEC. 129. Not later than 90 days after the en- KAY BAILEY HUTCHISON, the Fund shall be available to cover the costs, as actment of this Act, the Secretary of Defense CONRAD BURNS, defined in section 502(5) of the Congressional shall submit to the congressional defense com- LARRY E. CRAIG Budget Act of 1974, of direct loans or loan guar- mittees a master plan for the environmental re- MIKE DEWINE, antees issued by the Department of Defense pur- mediation of Hunters Point Naval Shipyard, TED STEVENS, suant to the provisions of subchapter IV of California. The plan shall identify an aggregate Managers on the Part of the Senate. chapter 169, title 10, United States Code, per- cost estimate for the entire project as well as JOINT EXPLANATORY STATEMENT OF taining to alternative means of acquiring and cost estimates for individual parcels. The plan THE COMMITTEE OF CONFERENCE improving military family housing and sup- shall also include a detailed cleanup schedule The managers on the part of the House and porting facilities. and an analysis of whether the Department is EC. 124. None of the funds appropriated or the Senate at the conference on the dis- S meeting legal requirements and community com- made available by this Act may be obligated for agreeing votes of the two Houses on the mitments. Following submission of the initial re- Partnership for Peace Programs in the New amendment of the Senate to the bill (H.R. port, the Department shall submit semi-annual Independent States of the former Soviet Union. 2904) making appropriations for the Depart- progress reports to the congressional defense SEC. 125. (a) Not later than 60 days before ment of Defense for the fiscal year ending committees. issuing any solicitation for a contract with the September 30, 2002, and for other purposes, private sector for military family housing the (RESCISSION OF FUNDS) submit the following joint statement to the Secretary of the military department concerned SEC. 130. Of the funds available to the Sec- House of Representatives and the Senate in shall submit to the congressional defense com- retary of Defense in the ‘‘Foreign Currency explanation of the effect of the action agreed mittees the notice described in subsection (b). Fluctuations, Construction, Defense’’ account, upon by the managers and recommended in (b)(1) A notice referred to in subsection (a) is $60,000,000 are rescinded. the accompanying conference report. a notice of any guarantee (including the making SEC. 131. (a) REQUESTS FOR FUNDS FOR ENVI- The Senate deleted the entire House bill of mortgage or rental payments) proposed to be RONMENTAL RESTORATION AT BRAC SITES IN FU- after the enacting clause and inserted the made by the Secretary to the private party TURE FISCAL YEARS.—In the budget justification Senate bill (S. 1460). The conference agree- under the contract involved in the event of— materials submitted to Congress in support of ment includes a revised bill. (A) the closure or realignment of the installa- the Department of Defense budget for any fiscal tion for which housing is provided under the year after fiscal year 2002, the amount requested ITEMS OF GENERAL INTEREST contract; for environmental restoration, waste manage- Matters Addressed by Only One Committee.— (B) a reduction in force of units stationed at ment, and environmental compliance activities The language and allocations set forth in such installation; or in such fiscal year with respect to military in- House Report 107–207 and Senate Report 107–

VerDate 11-MAY-2000 03:41 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.033 pfrm04 PsN: H16PT1 H6834 CONGRESSIONAL RECORD — HOUSE October 16, 2001 68 should be complied with unless specifi- Guard and Reserve facilities in Northeastern Korea—Osan Air Base: Base Civil Engineer cally addressed to the contrary in the con- Pennsylvania and the benefits of consoli- Complex.—The conferees are concerned about ference report and statement of the man- dating them into a joint-use facility. There- the significant cost of replacing current civil agers. Report language included by the fore, the conferees encourage the Depart- engineer facilities at Osan Air Base as pro- House which is not changed by the report of ment to make this project a priority and posed in the fiscal year 2002 budget request. the Senate or the conference, and Senate re- program the requirement in the Future Although the conferees support follow-on port language which is not changed by the Years Defense Plan. family housing projects envisioned for Osan conference is approved by the committee of MILITARY CONSTRUCTION, ARMY Air Base, they do not support funding for a conference. The statement of the managers, robust civil engineering complex without (INCLUDING RESCISSION) while repeating some report language for significant host nation contribution. The emphasis, does not intend to negate the lan- The conference agreement appropriates conferees understand that the civil engineers guage referred to above unless expressly pro- $1,778,256,000 for Military Construction, currently occupy land that will ultimately vided herein. In cases in which the House or Army, instead of $1,739,334,000 as proposed by be used to build family housing. Family the Senate have directed the submission of a the House, and $1,668,957,000 as proposed by housing is a direct quality of life issue that report from the Department of Defense, such the Senate. Within this amount, the con- will have a significant impact on the airmen report is to be submitted to both House and ference agreement earmarks $163,198,000 for and the families assigned to the base. The Senate Committees on Appropriations. study, planning, design, architect and engi- conferees agree to provide the Air Force Financial Management.—The conferees neer services, and host nation support in- $12,000,000 for the base civil engineer project agree that the rescission of funds and gen- stead of $163,141,000 as proposed by the House for site preparation and preliminary utilities eral reductions included in the conference and $176,184,000 as proposed by the Senate. requirements. The conferees direct that any agreement are based on prior year unobli- The conference agreement rescinds further funding requirements related to this gated balances and such factors as savings $36,400,000 from funds appropriated for Mili- project be funded through host nation sup- through favorable bids, reduced overhead tary Construction, Army under Public Law port. costs, downsizing or cancellation due to 106–52, as proposed by the House, instead of MILITARY CONSTRUCTION, DEFENSE-WIDE force structure changes (if any), other ad- $26,400,000 as proposed by the Senate. ministrative cost reduction initiatives, re- (INCLUDING TRANSFER AND RESCISSIONS OF MILITARY CONSTRUCTION, NAVY vised economic assumptions, and inflation FUNDS) re-estimates. The conferees direct that no (INCLUDING RESCISSION) The conference agreement appropriates project for which funds were previously ap- The conference agreement appropriates $840,558,000 for Military Construction, De- propriated, or for which funds are appro- $1,144,221,000 for Military Construction, fense-wide, instead of $863,058,000 as proposed priated in this bill, may be canceled as a re- Navy, instead of $1,154,248,000 as proposed by by the House, and $881,058,000 as proposed by sult of the reductions included in the con- the House, and $1,148,633,000 as proposed by the Senate. Within this amount, the conference agreement. the Senate. Within this amount, the conference agreement earmarks $66,496,000 for Foreign Currency Fluctuations, Construction, ference agreement earmarks $34,152,000 for study, planning, design, architect and engi- Defense.—The amounts available in the ‘‘For- study, planning, design, architect and engineer services instead of $74,496,000 as pro- eign Currency Fluctuations, Construction, neer services instead of $30,972,000 as proposed by the House and $88,496,000 as pro- Defense’’ account exceed those necessary to posed by the House and $37,332,000 as proposed by the Senate. The conference agree- eliminate losses due to unfavorable fluctua- posed by the Senate. The conference agreement rescinds $69,280,000 from funds appro- tions in foreign currency exchange rates. Ac- ment rescinds $19,588,000 from funds appropriated for Military Construction, Defense- cordingly, the conferees include a provision priated for Military Construction, Navy wide under Public Law 106–246 and previous (Section 130) which rescinds $60,000,000 from under Public Law 106–246, as proposed by the Military Construction Appropriations Acts, this account. House and Senate. as proposed by the Senate, instead of Sustainment, Restoration, and Modernization: Texas: Kingsville Naval Air Station: Airfield $10,250,000 as proposed by the House. Reporting Requirement.—The conferees agree Lighting.—The conferees direct the Navy to Chemical Demilitarization: Defense Road Re- to the following general rules for repairing a accelerate design of this project and to in- quirements.—The conferees are concerned facility under operation and maintenance clude the required construction funding in about the emergency preparedness planning funding: the budget request for fiscal year 2003. as part of the Chemical Demilitarization Components of the facility may be repaired Program. Of the funds made available in the MILITARY CONSTRUCTION, AIR FORCE by replacement, and such replacement can be ‘‘Military Construction, Defense-wide’’ ac- up to current standards or code. (INCLUDING RESCISSION) count, the Department may spend up to Interior arrangements and restorations The conference agreement appropriates $300,000 to conduct a feasibility study on the may be included as repair, but additions, new $1,194,880,000 for Military Construction, Air requirements for defense roads at the chem- facilities, and functional conversions must Force, instead of $1,185,220,000 as proposed by ical demilitarization sites in the United be performed as military construction the House, and $1,148,269,000 as proposed by States to support emergency preparedness projects. the Senate. Within this amount, the con- requirements. Such projects may be done concurrent with ference agreement earmarks $83,210,000 for Energy Conservation and Improvement Pro- repair projects, as long as the final conjunc- study, planning, design, architect and engi- gram.—The conferees agree to provide a total tively funded project is a complete and usa- neer services instead of $83,000,000 as proof $27,000,000 for this program. Of these funds, ble facility. The appropriate Service Secretary shall posed by the House and $83,420,000 as pro- the conferees direct that $6,000,000 be used to notify the appropriate Committees 21 days posed by the Senate. The conference agree- conduct a service-wide assessment of renew- prior to carrying out any repair project with ment rescinds $4,000,000 from funds appro- able energy alternatives at or near Depart- an estimated cost in excess of $7,500,000. priated for Military Construction, Air Force ment of Defense installations, as described The Department is directed to provide under previous Military Construction Appro- in detail in Senate Report 107–68. sustainment, restoration, and modernization priations Acts, as proposed by the Senate. Measurement and Signature Intelligence Fa- backlog at all installations for which there Nebraska—Offutt Air Force Base: Fire/Crash cilities.—The conferees have agreed to drop is a requested construction project in future Rescue Station.—The conferees direct the Air Senate report language which allocated budget requests. This information is to be Force to accelerate design of this project and $10,000,000 for the planning and design of two provided on the form 1390. In addition, for all to include the required construction funding Measurement and Signature Intelligence troop housing requests, the form 1391 is to in the budget request for fiscal year 2003. (MASINT) facilities. show all sustainment, restoration, and mod- Wyoming—F.E. Warren Air Force Base: Storm MILITARY CONSTRUCTION, ARMY NATIONAL ernization conducted in the past two years Water Drainage System.—The fiscal year 2001 GUARD and future requirements for unaccompanied Senate Report 106–290 included funding of The conference agreement appropriates housing at the installation. $10,300,000 for a Storm Water Drainage Sys- $405,565,000 for Military Construction, Army Family Housing Operation and Maintenance: tem Project at F.E. Warren Air Force Base National Guard, instead of $313,348,000 as pro- Financial Management.—The conferees agree in Wyoming. Unfortunately, funding con- posed by the House, and $378,549,000 as pro- to continue the restriction on the transfer of straints prohibited final action. Storm water posed by the Senate. funds between the family housing operation flooding remains a major problem at F.E. Arizona—Papago Park Military Reservation: and maintenance accounts. The limitation is Warren Air Force Base. The project will bet- Add/Alter Readiness Center.—Although the ten percent to all primary accounts and sub- ter manage and divert flood waters on the in- conferees were unable to fund this project accounts. Such transfers are to be reported stallation. In addition, the project will due to funding constraints, the conferees to the appropriate Committees within thirty greatly decrease the amount of storm water strongly urge the Army National Guard to days of such action. leaving the base which significantly impacts include this project in its fiscal year 2003 Overseas Basing Master Plan.—The con- on the surrounding community. The con- budget submission. ferees support the Senate direction for an ferees agree that this project addresses an Weapons of Mass Destruction—Civil Support overseas basing master plan, to be submitted urgent, mission critical, and safety require- Teams.—Of the funds provided for unspecified no later than April 1, 2002. ment, and the Air Force is strongly encour- minor construction within the ‘‘Military Pennsylvania: Joint-use Facility.—The con- aged to include this project in the budget re- Construction, Army National Guard’’ ac- ferees are aware of the need to renovate four quest for fiscal year 2003. count, the conferees direct that not less than

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.036 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6835 $6,000,000 be made available to directly sup- couraged by the Army’s study being per- the services that these funds should be spent port the completion of facilities for WMD/ formed by the National Association of Home- on creating, analyzing and negotiating com- CST locations. builders to refine and reduce the original plex real estate transactions-not on public MILITARY CONSTRUCTION, AIR NATIONAL GUARD cost projections for Fort McNair’s quarters, relations or work that can be done by the The conference agreement appropriates which appear too high. The conferees expect services’ staff. $253,386,000 for Military Construction, Air the Army to use the most economical and HOMEOWNERS ASSISTANCE FUND, DEFENSE cost-effective approach toward renovating National Guard, instead of $198,803,000 as pro- The conference agreement appropriates these historic quarters. posed by the House, and $222,767,000 as pro- $10,119,000 for the Homeowners Assistance posed by the Senate. FAMILY HOUSING CONSTRUCTION, NAVY AND Fund, Defense, as proposed by the House and Ohio—Mansfield Lahm Airport: Replace Vehi- MARINE CORPS Senate. cle Maintenance Facility.—Although the con- The conference agreement appropriates BASE REALIGNMENT AND CLOSURE ACCOUNT ferees were unable to fund this project due to $331,780,000 for Family Housing Construction, The conference agreement appropriates funding constraints, the conferees strongly Navy and Marine Corps, instead of $632,713,000 for the Base Realignment and urge the Air National Guard to include this $334,780,000 as proposed by the House and Closure Account, instead of $552,713,000 as project in its fiscal year 2003 budget submis- $312,600,000 as proposed by the Senate. proposed by the House and $682,200,000 as pro- sion. The conferees direct that the following posed by the Senate. projects are to be accomplished within the MILITARY CONSTRUCTION, ARMY RESERVE Environmental Remediation Shortfalls.—The increased amount provided for construction The conference agreement appropriates conferees have included a general provision improvements: $167,019,000 for Military Construction, Army (Section 131) directing the Department of De- Reserve, instead of $167,769,000 as proposed by District of Columbia: 8th fense to accurately reflect the cost of envi- the House, and $111,404,000 as proposed by the and I Marine Barracks (2 ronmental remediation activities in its fu- Senate. units) ...... $1,600,000 ture budget submissions for Base Realign- MILITARY CONSTRUCTION, NAVAL RESERVE Hawaii: Barking Sands (69 ment and Closure (BRAC) funding. The con- units) ...... 11,840,000 ferees note that the Navy and Air Force (INCLUDING RESCISSION) Massachusetts: Westover BRAC budget requests for fiscal year 2002 The conference agreement appropriates Air Reserve Base (124 were far below the level of funding needed to $53,201,000 for Military Construction, Naval units) ...... 6,940,000 meet urgent obligations. Reserve, instead of $62,351,000 as proposed by The conferees have agreed to provide and the House, and $33,641,000 as proposed by the FAMILY HOUSING OPERATION AND fully offset $100,513,000 over the budget re- Senate. The conference agreement rescinds MAINTENANCE, NAVY AND MARINE CORPS quest to fund environmental remediation $925,000 from funds appropriated for Military The conference agreement appropriates funding shortfalls in the Navy and Air Force Construction, Naval Reserve under Public $910,095,000 for Family Housing Operation BRAC accounts. The conference provision in- Law 106–246, as proposed by the House and and Maintenance, Navy and Marine Corps, as cludes $80,513,000 for the Navy and $20,000,000 Senate. proposed by the House, instead of $918,095,000 for the Air Force. The conferees note that Texas—Fort Worth Joint Reserve Base: Com- as proposed by the Senate. the funding shortfalls are the result of inad- partmented Intelligence Facility.—In Senate FAMILY HOUSING CONSTRUCTION, AIR FORCE equate programming and budgeting decisions Report 107–68, the compartmented intel- The conference agreement appropriates on the part of the Navy and Air Force. ligence facility at Fort Worth Joint Reserve The conferees strongly believe that the Base was incorrectly identified as a Navy $550,703,000 for Family Housing Construction, Air Force, as proposed by the Senate, instead Navy and Air Force should bear the burden project. This project should be executed with of making up these shortfalls. Therefore, the funds made available for unspecified minor of $536,237,000 as proposed by the House. The conferees direct that the following funding to cover the BRAC environmental construction in the ‘‘Military Construction, remediation shortfalls is derived from the Naval Reserve’’ account. projects are to be accomplished within the increased amount provided for construction following sources: a rescission of $19,588,000 MILITARY CONSTRUCTION, AIR FORCE RESERVE improvements: from previously appropriated Navy planning The conference agreement appropriates and design funds, a rescission of $925,000 from $74,857,000 for Military Construction, Air Missouri: Whiteman AFB previously appropriated Naval Reserve plan- Force Reserve, instead of $81,882,000 as pro- (164 units) ...... $17,966,000 ning and design funds, a $60,000,000 general posed by the House, and $53,732,000 as pro- South Carolina: Charleston reduction in the fiscal year 2002 ‘‘Military posed by the Senate. AFB (32 units) ...... 4,500,000 Construction, Navy’’ account, and a $20,000,000 general reduction in the fiscal Michigan—Selfridge Air National Guard Base: FAMILY HOUSING OPERATION AND year 2002 ‘‘Military Construction, Air Force’’ Alter Command Post/Logistics Base.—In Senate MAINTENANCE, AIR FORCE Report 107–68, the alter command post/logis- account. The conferees direct that no item of The conference agreement appropriates tics base project at Selfridge Air National congressional interest may be canceled or $844,715,000 for Family Housing Operation Guard Base was incorrectly identified as an delayed as a result of these general reduc- and Maintenance, Air Force, instead of Air National Guard project. This project tions. $858,121,000 as proposed by the House and should be executed with funds made avail- In addition to the funds provided in this $869,121,000 as proposed by the Senate. able for unspecified minor construction in Act, the Navy and Air Force are directed to the ‘‘Military Construction, Air Force Re- FAMILY HOUSING, DEFENSE-WIDE allocate all unobligated balances from preserve’’ account. The conference agreement appropriates viously appropriated BRAC funds to address NORTH ATLANTIC TREATY ORGANIZATION $44,012,000 for Family Housing, Defense-wide, their fiscal year 2002 BRAC environmental SECURITY INVESTMENT PROGRAM as proposed by the House and Senate. remediation funding shortfall. The conferees direct the services to program and budget for The conference agreement appropriates DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND the entire amount of their annual BRAC en- $162,600,000 for the North Atlantic Treaty Or- vironmental remediation obligations in fu- The conference agreement provides ganization Security Investment Program ture years, beginning with fiscal year 2003. $2,000,000 for the Department of Defense (NSIP), as proposed by the House and Sen- Failure to do so will force the congressional Family Housing Improvement Fund, as pro- ate. committees to take proportionate reductions posed by the House and Senate. Transfer au- FAMILY HOUSING CONSTRUCTION, ARMY in specific military construction projects or thority is provided for the execution of any The conference agreement appropriates programs requested by the services. qualifying project under privatization au- $312,742,000 for Family Housing Construction, thority, which resides in the Fund. GENERAL PROVISIONS Army, as proposed by the Senate, instead of Housing Privatization Support Costs.—The The conference agreement includes gen- $294,042,000 as proposed by the House. conferees are extremely concerned about the eral provisions (Sections 101–120) that were FAMILY HOUSING OPERATION AND costs of consultants hired to assist the serv- not amended by either the House or Senate MAINTENANCE, ARMY ices with the housing privatization initia- in their versions of the bill. The conference agreement appropriates tive. For example, the Army requested The conference agreement includes a $1,089,573,000 for Family Housing Operation $27,918,000 and the Air Force requested provision, Section 121, as proposed by the and Maintenance, Army, instead of $35,402,000 to pay for consultants. Costs of House, which prohibits the expenditure of $1,096,431,000 as proposed by the House and this magnitude are exorbitant, especially as funds except in compliance with the Buy $1,108,991,000 as proposed by the Senate. neither the Army nor Air Force has made American Act. The Senate bill contained no District of Columbia-Fort McNair: General Of- sufficient progress in privatizing its housing similar provision. ficer Quarters.—The Army has requested it be inventory. Therefore, the conferees agree to The conference agreement includes a allowed to substitute the renovation of Quar- reduce $7,918,000 from the ‘‘Family Housing provision, Section 122, as proposed by the ters 7 at Fort McNair, at a cost of $700,000, in Operation and Maintenance, Army’’ account, House, which states the Sense of the Con- place of Quarters 3, as submitted in its budg- and $13,402,000 from the ‘‘Family Housing Op- gress that recipients of equipment or prod- et request for $1,200,000. The conferees agree eration and Maintenance, Air Force’’ ac- ucts authorized to be purchased with finan- with this substitution. The conferees are en- count. Furthermore, the conferees remind cial assistance provided in this Act are to be

VerDate 11-MAY-2000 05:31 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.038 pfrm04 PsN: H16PT1 H6836 CONGRESSIONAL RECORD — HOUSE October 16, 2001 notified that they must purchase American- The conference agreement includes a $60,000,000 from the ‘‘Foreign Currency Fluc- made equipment and products. The Senate provision renumbered Section 126, as pro- tuations, Construction, Defense’’ account. bill contained no similar provision. posed by the House and the Senate, which The conference agreement includes a The conference agreement includes a provides transfer authority to the Home- provision, Section 131, which directs the De- provision, Section 123, as proposed by the owners Assistance Program. partment of Defense to accurately reflect House and Senate, permitting the transfer of The conference agreement includes a the cost of environmental restoration activi- funds from Family Housing, Construction ac- provision renumbered Section 127, as pro- ties in its future budget submissions for the counts to the DOD Family Housing Improve- posed by the Senate, regarding funding for Base Realignment and Closure (BRAC) ac- ment Fund. operation and maintenance of general officer count. quarters. The conference agreement includes a The conference agreement includes a The conference agreement includes a provision, Section 132, which reduces all ac- provision renumbered Section 124, as pro- provision renumbered Section 128, as pro- counts in the bill with the exception of the posed by the House and the Senate, to proposed by the Senate, which authorizes ‘‘NATO Security Investment Program’’ ac- hibit the use of funds in this Act to be obli- $8,000,000 for a military construction project count and the ‘‘Base Realignment and Clo- gated for Partnership for Peace programs in at Masirah Island Airfield, Oman. The House sure’’ account by 1.127 percent. the New Independent States of the former bill contained a similar provision. Soviet Union. The conference agreement includes a Those general provisions not included in The conference agreement includes a provision, Section 129, as proposed by the the conference agreement are as follows: provision renumbered Section 125, as pro- Senate, which requires the Secretary of De- The conference agreement deletes the posed by the House and the Senate, which re- fense to submit a master plan for the envi- House provision regarding family housing quires the Secretary of Defense to notify ronmental remediation of Hunters Point master plans. Congressional Committees sixty days prior Naval Shipyard, California. The House bill The conference agreement deletes the to issuing a solicitation for a contract with contained no similar provision. Senate provision regarding a defense road the private sector for military family hous- The conference agreement includes a feasibility study at Pine Bluff Arsenal, Ar- ing. provision, Section 130, which rescinds kansas.

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VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.041 pfrm04 PsN: H16PT1 H6872 CONGRESSIONAL RECORD — HOUSE October 16, 2001 CONFERENCE TOTAL—WITH EXPRESSING SENSE OF CONGRESS Largent Ose Shuster COMPARISONS Larsen (WA) Otter Simmons THAT PUBLIC SCHOOLS MAY Larson (CT) Owens Simpson The total new budget (obligational) au- DISPLAY ‘‘GOD BLESS AMERICA’’ Latham Oxley Skeen thority for the fiscal year 2002 recommended Leach Pallone Skelton by the Committee of Conference, with com- The SPEAKER pro tempore. The Lee Pascrell Slaughter parisons to the fiscal year 2001 amount, the pending business is the question of sus- Levin Pastor Smith (MI) 2002 budget estimates, and the House and pending the rules and agreeing to the Lewis (CA) Paul Smith (NJ) Senate bills for 2002 follows: concurrent resolution, H. Con. Res. 248. Lewis (GA) Payne Smith (TX) Lewis (KY) Pelosi Smith (WA) [In thousands of dollars] The Clerk read the title of the con- Linder Pence Snyder New budget (obligational) current resolution. Lipinski Peterson (MN) Solis authority, fiscal year The SPEAKER pro tempore. The LoBiondo Peterson (PA) Souder Lofgren Petri Spratt 2001 ...... $8,936,498 question is on the motion offered by Lowey Phelps Stark Budget estimates of new the gentleman from Delaware (Mr. Lucas (KY) Pickering Stearns (obligational) authority, CASTLE) that the House suspend the Lucas (OK) Pitts Stenholm fiscal year 2002 ...... 9,971,312 rules and agree to the concurrent reso- Luther Platts Strickland House bill, fiscal year 2002 10,500,000 Maloney (CT) Pombo Stump Senate bill, fiscal year 2002 10,500,000 lution, H. Con. Res. 248, on which the Maloney (NY) Pomeroy Stupak Conference agreement, fis- yeas and nays are ordered. Manzullo Portman Sununu The vote was taken by electronic de- Markey Price (NC) Tancredo cal year 2002 ...... 10,500,000 Mascara Putnam Tanner Conference agreement vice, and there were—yeas 404, nays 0, Matheson Quinn Tauscher compared with: answered ‘‘present’’ 10, not voting 16, Matsui Radanovich Tauzin New budget as follows: McCarthy (MO) Rahall Taylor (MS) (obligational) author- McCarthy (NY) Ramstad Terry ity, fiscal year 2001 ...... +1,563,502 [Roll No. 387] McCollum Rangel Thomas Budget estimates of new YEAS—404 McCrery Regula Thompson (CA) McDermott Rehberg Thompson (MS) (obligational) author- Abercrombie Coyne Greenwood McGovern Reyes Thornberry ity, fiscal year 2002 ...... +528,688 Aderholt Cramer Grucci McHugh Reynolds Thune House bill, fiscal year Akin Crane Gutierrez McInnis Riley Thurman 2002 ...... Allen Crenshaw Gutknecht McIntyre Rodriguez Tiahrt Senate bill, fiscal year Andrews Crowley Hall (OH) McKeon Roemer Tiberi Armey Culberson Hall (TX) 2002 ...... McKinney Rogers (KY) Toomey Baca Cummings Hansen McNulty Rogers (MI) Towns DAVID L. HOBSON, Bachus Cunningham Harman Meehan Rohrabacher Traficant Baird Davis (CA) Hart JAMES T. WALSH, Meek (FL) Ros-Lehtinen Turner Baker Davis (FL) Hastings (FL) DAN MILLER, Meeks (NY) Ross Udall (CO) Baldacci Davis (IL) Hastings (WA) Menendez Rothman Udall (NM) ROBERT B. ADERHOLT, Baldwin Davis, Jo Ann Hayes Mica Roukema Upton KAY GRANGER, Ballenger Davis, Tom Hayworth Millender- Roybal-Allard Velazquez VIRGIL GOODE, Jr., Barcia Deal Hefley McDonald Royce Visclosky JOE SKEEN, Barr DeFazio Herger Miller, Gary Rush Vitter DAVID VITTER, Barrett DeGette Hill Miller, George Ryan (WI) Walden Bartlett Delahunt Hilleary BILL YOUNG, Mink Ryun (KS) Walsh Barton DeLauro Hilliard JOHN W. OLVER, Mollohan Sabo Wamp Bass DeLay Hinchey Moore Sanchez Waters CHET EDWARDS, Bentsen DeMint Hinojosa Moran (KS) Sanders Watkins (OK) SAM FARR, Bereuter Deutsch Hobson Moran (VA) Sandlin Watson (CA) ALLEN BOYD, Berkley Diaz-Balart Hoeffel Morella Sawyer Watts (OK) NORMAN DICKS, Berman Dicks Hoekstra Murtha Saxton Waxman DAVID OBEY, Berry Dingell Holden Myrick Schaffer Weiner Managers on the Part of the House. Biggert Doggett Holt Napolitano Schiff Weldon (FL) Bilirakis Dooley Hooley Neal Schrock Weller DIANNE FEINSTEIN, Bishop Doolittle Horn Nethercutt Scott Whitfield DANIEL K. INOUYE, Blagojevich Doyle Hostettler Ney Sensenbrenner Wicker Blumenauer Dreier Houghton TIM JOHNSON, Northup Serrano Wilson Blunt Duncan Hoyer MARY LANDRIEU, Norwood Sessions Wolf Boehlert Dunn Hulshof Nussle Shadegg Wu HARRY REID, Boehner Edwards Hunter Oberstar Shaw Wynn ROBERT C. BYRD, Bonilla Ehlers Hyde Obey Shays Young (AK) KAY BAILEY HUTCHISON, Bonior Emerson Inslee Olver Sherman Young (FL) CONRAD BURNS, Bono Engel Isakson Ortiz Shimkus LARRY E. CRAIG, Borski English Israel Osborne Shows Boswell Eshoo Issa MIKE DEWINE, Boucher Etheridge Istook PRESENTS—10 TED STEVENS, Boyd Evans Jackson-Lee Managers on the Part of the Senate. Ackerman Jackson (IL) Watt (NC) Brady (PA) Everett (TX) Capuano Nadler Woolsey Brady (TX) Farr Jefferson Frank Rivers f Brown (FL) Fattah Jenkins Honda Schakowsky Brown (OH) Ferguson John Brown (SC) Filner Johnson (CT) NOT VOTING—16 Bryant Flake Johnson (IL) ANNOUNCEMENT BY THE SPEAKER Becerra Kilpatrick Taylor (NC) Burr Fletcher Johnson, E. B. PRO TEMPORE Burton LaTourette Tierney Buyer Foley Johnson, Sam Clement Miller (FL) Weldon (PA) Callahan Forbes Jones (NC) The SPEAKER pro tempore. Pursu- Conyers Pryce (OH) Wexler Calvert Ford Jones (OH) ant to clause 8 of rule XX, the Chair Cubin Sherwood Camp Fossella Kanjorski Ehrlich Sweeney will now put the question on the mo- Cannon Frelinghuysen Kaptur tions to suspend the rules on which fur- Cantor Frost Keller ther proceedings were postponed ear- Capito Gallegly Kelly b 1859 Capps Ganske Kennedy (MN) lier today. Cardin Gekas Kennedy (RI) Mr. SHADEGG, Ms. LEE and Ms. Votes will be taken in the following Carson (IN) Gephardt Kerns HARMAN changed their vote from order: Carson (OK) Gibbons Kildee ‘‘nay’’ to ‘‘yea.’’ House Concurrent Resolution 248, by Castle Gilchrest Kind (WI) Mr. JACKSON of Illinois changed his Chabot Gillmor King (NY) the yeas and nays; Chambliss Gilman Kingston vote from ‘‘yea’’ to ‘‘present.’’ House Concurrent Resolution 217, by Clay Gonzalez Kirk Mr. MCDERMOTT changed his vote the yeas and nays; Clayton Goode Kleczka from ‘‘present’’ to ‘‘yea.’’ Clyburn Goodlatte Knollenberg H.R. 2272, by the yeas and nays. Coble Gordon Kolbe So (two-thirds having voted in favor The Chair will reduce to 5 minutes Collins Goss Kucinich thereof) the rules were suspended and the time for any electronic vote after Combest Graham LaFalce the concurrent resolution was agreed the first vote in this series. Condit Granger LaHood to. Cooksey Graves Lampson Proceedings on H.R. 2716 will resume Costello Green (TX) Langevin The result of the vote was announced tomorrow. Cox Green (WI) Lantos as above recorded.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.042 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6873 A motion to reconsider was laid on Green (TX) Maloney (NY) Rush Kilpatrick Pryce (OH) Weldon (PA) Green (WI) Manzullo Ryan (WI) LaTourette Sherwood Wexler the table. Greenwood Markey Ryun (KS) Lewis (KY) Sweeney f Grucci Mascara Sabo Miller (FL) Taylor (NC) Gutierrez Matheson Sanchez 1900 Gutknecht Matsui Sanders b 1909 b Hall (OH) McCarthy (MO) Sandlin Hall (TX) McCarthy (NY) Sawyer So (two-thirds having voted in favor ANNOUNCEMENT BY THE SPEAKER Hansen McCollum Saxton thereof) the rules were suspended and PRO TEMPORE Harman McCrery Schaffer the concurrent resolution, as amended, Hart McDermott Schakowsky The SPEAKER pro tempore (Mr. Hastings (FL) McGovern Schiff was agreed to. HAYES). Pursuant to clause 8 of rule Hastings (WA) McHugh Schrock The result of the vote was announced XX, the Chair will reduce to 5 minutes Hayes McInnis Scott as above recorded. the minimum time for electronic vot- Hayworth McIntyre Sensenbrenner The title of the bill was amended so Hefley McKeon Serrano ing on each additional motion to sus- Herger McKinney Sessions as to read: pend the rules on which the Chair has Hill McNulty Shadegg Amend the title so as to read: ‘‘Concurrent postponed further proceedings. Hilleary Meehan Shaw resolution recognizing the historic signifi- Hilliard Meek (FL) Shays cance of the 50th anniversary of the alliance f Hinchey Meeks (NY) Sherman Hinojosa Menendez Shimkus between Australia and the United States RECOGNIZING HISTORIC SIGNIFI- Hobson Mica Shows under the ANZUS Treaty, recognizing the Hoeffel Millender- Shuster strong support provided by Australia to the CANCE OF UNITED STATES-AUS- Hoekstra McDonald Simmons United States in the aftermath of the ter- TRALIAN RELATIONSHIP Holden Miller, Gary Simpson rorist attacks on September 11, 2001, includ- The SPEAKER pro tempore. The Holt Miller, George Skeen ing jointly invoking Article IV of the Honda Mink Skelton ANZUS Treaty, which commits both coun- pending business is the question of sus- Hooley Mollohan Slaughter tries to act to meet a common danger, and pending the rules and agreeing to the Horn Moore Smith (MI) reaffirming the importance of economic and concurrent resolution, H. Con. Res. 217, Hostettler Moran (KS) Smith (NJ) Houghton Moran (VA) Smith (TX) security cooperation between the United as amended. Hoyer Morella Smith (WA) States and Australia.’’. The Clerk read the title of the con- Hulshof Murtha Snyder A motion to reconsider was laid on current resolution. Hunter Myrick Solis Hyde Nadler Souder the table. The SPEAKER pro tempore. The Inslee Napolitano Spratt question is on the motion offered by Isakson Neal Stark f the gentleman from Illinois (Mr. HYDE) Israel Nethercutt Stearns CORAL REEF AND COASTAL MA- that the House suspend the rules and Issa Ney Stenholm Istook Northup Strickland RINE CONSERVATION ACT OF 2001 agree to the concurrent resolution, H. Jackson (IL) Norwood Stump Con. Res. 217, as amended, on which the Jackson-Lee Nussle Stupak The SPEAKER pro tempore. The yeas and nays are ordered. (TX) Oberstar Sununu pending business is the question of sus- This will be a 5-minute vote. Jefferson Obey Tancredo pending the rules and passing the bill, Jenkins Olver Tanner H.R. 2272, as amended. The vote was taken by electronic de- John Ortiz Tauscher vice, and there were—yeas 413, nays 1, Johnson (CT) Osborne Tauzin The Clerk read the title of the bill. not voting 16, as follows: Johnson (IL) Ose Taylor (MS) The SPEAKER pro tempore. The Johnson, E. B. Otter Terry question is on the motion offered by [Roll No. 388] Johnson, Sam Owens Thomas the gentleman from Illinois (Mr. HYDE) YEAS—413 Jones (NC) Oxley Thompson (CA) Jones (OH) Pallone Thompson (MS) that the House suspend the rules and Abercrombie Buyer Dicks Kanjorski Pascrell Thornberry pass the bill, H.R. 2272, as amended, on Ackerman Callahan Dingell Kaptur Pastor Thune which the yeas and nays are ordered. Aderholt Calvert Doggett Keller Payne Thurman Akin Camp Dooley Kelly Pelosi Tiahrt This will be a 5-minute vote. Allen Cannon Doolittle Kennedy (MN) Pence Tiberi The vote was taken by electronic de- Andrews Cantor Doyle Kennedy (RI) Peterson (MN) Tierney vice, and there were—yeas 382, nays 32, Armey Capito Dreier Kerns Peterson (PA) Toomey Baca Capps Duncan Kildee Petri Towns not voting 16, as follows: Bachus Capuano Dunn Kind (WI) Phelps Traficant [Roll No. 389] Baird Cardin Edwards King (NY) Pickering Turner YEAS—382 Baker Carson (IN) Ehlers Kingston Pitts Udall (CO) Baldacci Carson (OK) Emerson Kirk Platts Udall (NM) Abercrombie Boyd Crowley Baldwin Castle Engel Kleczka Pombo Upton Ackerman Brady (PA) Cummings Ballenger Chabot English Knollenberg Pomeroy Velazquez Aderholt Brady (TX) Cunningham Barcia Chambliss Eshoo Kolbe Portman Visclosky Akin Brown (FL) Davis (CA) Barr Clay Etheridge Kucinich Price (NC) Vitter Allen Brown (OH) Davis (FL) Barrett Clayton Evans LaFalce Putnam Walden Andrews Brown (SC) Davis (IL) Bartlett Clyburn Everett LaHood Quinn Walsh Armey Bryant Davis, Jo Ann Barton Coble Farr Lampson Radanovich Wamp Baca Burr Davis, Tom Bass Collins Fattah Langevin Rahall Waters Bachus Buyer Deal Bentsen Combest Ferguson Lantos Ramstad Watkins (OK) Baird Callahan DeFazio Bereuter Condit Filner Largent Rangel Watson (CA) Baker Calvert DeGette Berkley Cooksey Flake Larsen (WA) Regula Watt (NC) Baldacci Camp Delahunt Berman Costello Fletcher Larson (CT) Rehberg Watts (OK) Baldwin Cannon DeLauro Berry Cox Foley Latham Reyes Waxman Ballenger Cantor DeLay Biggert Coyne Forbes Leach Reynolds Weiner Barcia Capito DeMint Bilirakis Cramer Ford Lee Riley Weldon (FL) Barrett Capps Deutsch Bishop Crane Fossella Levin Rivers Weller Bartlett Capuano Diaz-Balart Blagojevich Crenshaw Frank Lewis (CA) Rodriguez Whitfield Bass Cardin Dicks Blumenauer Crowley Frelinghuysen Lewis (GA) Roemer Wicker Bentsen Carson (IN) Dingell Blunt Culberson Frost Linder Rogers (KY) Wilson Bereuter Carson (OK) Doggett Boehlert Cummings Gallegly Lipinski Rogers (MI) Wolf Berkley Castle Dooley Boehner Cunningham Ganske LoBiondo Rohrabacher Woolsey Berman Chabot Doyle Bonilla Davis (CA) Gekas Lofgren Ros-Lehtinen Wu Biggert Chambliss Dreier Bonior Davis (FL) Gephardt Lowey Ross Wynn Bilirakis Clay Dunn Bono Davis (IL) Gibbons Lucas (KY) Rothman Young (AK) Bishop Clayton Edwards Borski Davis, Jo Ann Gilchrest Lucas (OK) Roukema Young (FL) Blagojevich Clyburn Ehlers Boswell Davis, Tom Gillmor Luther Roybal-Allard Blumenauer Combest Emerson Boucher Deal Gilman Maloney (CT) Royce Blunt Condit Engel Boyd DeFazio Gonzalez Boehlert Cooksey English Brady (PA) DeGette Goode NAYS—1 Boehner Costello Eshoo Brady (TX) Delahunt Goodlatte Bonior Cox Etheridge Paul Brown (FL) DeLauro Gordon Bono Coyne Evans Brown (OH) DeLay Goss NOT VOTING—16 Borski Cramer Everett Brown (SC) DeMint Graham Boswell Crane Farr Bryant Deutsch Granger Becerra Clement Cubin Boucher Crenshaw Fattah Burr Diaz-Balart Graves Burton Conyers Ehrlich

VerDate 11-MAY-2000 06:18 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.090 pfrm04 PsN: H16PT1 H6874 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Ferguson Lantos Reynolds Hostettler Pickering Smith (MI) A motion to reconsider was laid on Filner Largent Riley Johnson, Sam Pombo Stearns Fletcher Larsen (WA) Rivers Kerns Royce Stenholm the table. Foley Larson (CT) Rodriguez Miller, Gary Ryun (KS) Stump f Forbes Latham Roemer Moran (KS) Schaffer Toomey Ford Leach Rogers (KY) Norwood Shadegg Woolsey Fossella Lee Rogers (MI) Paul Shows REPORT ON RESOLUTION WAIVING Frank Levin Rohrabacher POINTS OF ORDER AGAINST CON- Frelinghuysen Lewis (CA) Ros-Lehtinen NOT VOTING—16 FERENCE REPORT ON H.R. 2217, Frost Lewis (GA) Ross Becerra Honda Sweeney DEPARTMENT OF THE INTERIOR Gallegly Lewis (KY) Rothman Burton Kilpatrick Taylor (NC) Ganske Linder Roukema Clement LaTourette Weldon (PA) AND RELATED AGENCIES APPRO- Gekas Lipinski Roybal-Allard Conyers Miller (FL) Wexler PRIATIONS ACT, 2002 Gephardt LoBiondo Rush Cubin Pryce (OH) Gibbons Lofgren Ryan (WI) Ehrlich Sherwood Mr. HASTINGS of Washington, from Gilchrest Lowey Sabo the Committee on Rules, submitted a Gillmor Lucas (KY) Sanchez b 1947 privileged report (Rept. No. 107–247) on Gilman Lucas (OK) Sanders Gonzalez Luther Sandlin Mr. NORWOOD changed his vote the resolution (H. Res. 267) waiving Goode Maloney (CT) Sawyer from ‘‘yea’’ to ‘‘nay.’’ points of order against the conference Goodlatte Maloney (NY) Saxton So (two-thirds having voted in favor report to accompany the bill (H.R. 2217) Gordon Manzullo Schakowsky thereof) the rules were suspended and making appropriations for the Depart- Goss Markey Schiff Graham Mascara Schrock the bill, as amended, was passed. ment of Interior and related agencies Granger Matheson Scott The result of the vote was announced for the fiscal year ending September 30, Graves Matsui Sensenbrenner as above recorded. 2002, and for other purposes, which was Green (TX) McCarthy (MO) Serrano Green (WI) McCarthy (NY) Sessions A motion to reconsider was laid on referred to the House Calendar and or- Greenwood McCollum Shaw the table. dered to be printed. Grucci McCrery Shays f Gutierrez McDermott Sherman f Gutknecht McGovern Shimkus PERSONAL EXPLANATION Hall (OH) McHugh Shuster REPORT ON RESOLUTION WAIVING Hansen McInnis Simmons Ms. KILPATRICK. Mr. Speaker, official busi- POINTS OF ORDER AGAINST CON- Harman McIntyre Simpson ness requires my presence in the 15th Con- FERENCE REPORT ON H.R. 2904, Hart McKeon Skeen Hastings (FL) McKinney Skelton gressional District of Michigan today. Had I MILITARY CONSTRUCTION AP- Hastings (WA) McNulty Slaughter been present, I would have voted ‘‘Aye’’ on PROPRIATIONS ACT, 2002 Hayes Meehan Smith (NJ) Rollcall No. 387, H. Con. Res. 248, expressing Mr. HASTINGS of Washington, from Hefley Meek (FL) Smith (TX) the sense of Congress that public schools Herger Meeks (NY Smith (WA) the Committee on Rules, submitted a may display the words ‘‘God Bless America’’ Hill Menendez Snyder privileged report (Rept. No. 107–248) on Hilleary Mica Solis as an expression of support for the nation; the resolution (H. Res. 268) waiving Hilliard Millender- Souder ‘‘Aye’’ on Rollcall No. 388, H. Con. Res. 317, Spratt points of order against the conference Hinchey McDonald which recognizes the 15th Anniversary of the Hinojosa Miller, George Stark report to accompany the bill (H.R. 2904) ANZUS Treaty; and ‘‘Aye’’ on Rollcall No. 389, Hobson Mink Strickland making appropriations for military Hoeffel Mollohan Stupak H.R. 2272, the Coral Reef and Coastal Marine construction, family housing, and base Hoekstra Moore Sununu Conservation Act. Holden Moran (VA) Tancredo realignment and closure for the De- Holt Morella Tanner f partment of Defense for the fiscal year Hooley Murtha Tauscher Horn Myrick Tauzin STUART COLLICK-HEATHER ending September 30, 2002, and for Houghton Nadler Taylor (MS) FRENCH HENRY HOMELESS VET- other purposes, which was referred to Hoyer Napolitano Terry ERANS ASSISTANCE ACT the House Calendar and ordered to be Hulshof Neal Thomas printed. Hunter Nethercutt Thompson (CA) The SPEAKER pro tempore (Mr. SIM- Hyde Ney Thompson (MS) MONS). The pending business is the f Inslee Northup Thornberry question of suspending the rules and Isakson Nussle Thune Israel Oberstar Thurman passing the bill, H.R. 2716, as amended. SPECIAL ORDERS Issa Obey Tiahrt The Clerk read the title of the bill. The SPEAKER pro tempore. Under Istook Olver Tiberi The SPEAKER pro tempore. The Jackson (IL) Ortiz Tierney the Speaker’s announced policy of Jan- Jackson-Lee Osborne Towns question is on the motion offered by uary 3, 2001, and under a previous order (TX) Ose Traficant the gentleman from New Jersey (Mr. of the House, the following Members Jefferson Otter Turner SMITH) that the House suspend the will be recognized for 5 minutes each. Jenkins Owens Udall (CO) rules and pass the bill, H.R. 2716, as John Oxley Udall (NM) f Johnson (CT) Pallone Upton amended, on which the yeas and nays Johnson (IL) Pascrell Velazquez are ordered. The SPEAKER pro tempore. Under a Johnson, E. B. Pastor Visclosky previous order of the House, the gentle- VACATING ORDERING OF YEAS AND NAYS Jones (NC) Payne Vitter woman from California (Ms. Jones (OH) Pelosi Walden Mr. SMITH of New Jersey. Mr. MILLENDER-MCDONALD) is recognized Kanjorski Pence Walsh Speaker, I ask unanimous consent to for 5 minutes. Kaptur Peterson (MN) Wamp vacate the ordering of the yeas and Keller Peterson (PA) Waters (Ms. MILLENDER-MCDONALD ad- nays on the motion to suspend the Kelly Petri Watkins (OK) dressed the House. Her remarks will Kennedy (MN) Phelps Watson (CA) rules and pass the bill, H.R. 2716, as appear hereafter in the Extensions of Kennedy (RI) Pitts Watt (NC) amended, to the end that the Chair put Kildee Platts Watts (OK) Remarks.) Kind (WI) Pomeroy Waxman the question on the motion de novo. King (NY) Portman Weiner The SPEAKER pro tempore. Is there f Kingston Price (NC) Weldon (FL) objection to the request of the gen- Kirk Putnam Weller tleman from New Jersey? TRIBUTE TO LIEUTENANT Kleczka Quinn Whitfield GENERAL T. MICHAEL MOSELEY Knollenberg Radanovich Wicker There was no objection. Kolbe Rahall Wilson The SPEAKER pro tempore. The The SPEAKER pro tempore. Under a Kucinich Ramstad Wolf question is on the motion offered by previous order of the House, the gen- LaFalce Rangel Wu LaHood Regula Wynn the gentleman from New Jersey (Mr. tleman from Nevada (Mr. GIBBONS) is Lampson Rehberg Young (AK) SMITH) that the House suspend the recognized for 5 minutes. Langevin Reyes Young (FL) rules and pass the bill, H.R. 2716, as Mr. GIBBONS. Mr. Speaker, I am amended. honored and privileged today to come NAYS—32 The question was taken; and (two- to the floor to recognize one of the fin- Barr Coble Duncan thirds) having voted in favor thereof) est officers in the United States Air Barton Collins Flake Berry Culberson Hall (TX) the rules were suspended and the bill, Force, Lieutenant General T. Michael Bonilla Doolittle Hayworth as amended, was passed. ‘‘Buzz’’ Moseley.

VerDate 11-MAY-2000 06:18 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.062 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6875 For the past 2 years, General Moseley General Moseley also serves on the Mr. PENCE. Mr. Speaker, the Bible served with noteworthy distinction in Council on Foreign Relations and has tells us that if you owe debts, pay the vital position of director of the Air been named an Officer of the French debts; if honor, then honor; if respect, Force Office of Legislative Liaison. National Order of Merit by the Presi- then respect; and with a little girl at During his time in Washington, and es- dent of France. home tonight sick, I am unable to join pecially with regard to his work here During his service to the 106th and a Special Order this evening that the on Capitol Hill, General Moseley per- the 107th Congress, General Moseley gentleman from Georgia (Mr. KING- sonified the Air Force core values of in- was our liaison to the Air Force for STON) will be holding on behalf of an tegrity, selfless service, and excellence critical readiness and modernization American who has greatly impacted in all things. Many Members and staff issues. He was a crucial voice for the my professional life, and, to the frus- enjoyed the opportunity to meet with Air Force in representing its many pro- tration of many, has greatly impacted him on a variety of Air Force issues grams on the Hill, providing clear, con- the life of the Nation, and that would and came to appreciate his many tal- cise and timely information. General be Rush Hudson Limbaugh, III, a man ents. Moseley’s leadership, professionalism born in Cape Girardeau, Missouri, on Today, it is my privilege to recognize and expertise enabled him to foster ex- January 12, 1951. some of Buzz’s many accomplishments ceptional rapport between the Air He will be extolled on this floor to- since he entered the military 29 years Force and the House, impressing me night by many of my colleagues, as we ago, and to commend the superb serv- with his ability to work with the Con- come together during a time of great ice he provided the Air Force, the Con- gress and to address Air Force prior- difficulty for the Limbaugh family to gress and our Nation. Buzz Moseley en- ities. remember his contribution to the coun- tered the United States Air Force We were all pleased when the Presi- try. So I rise briefly tonight. through the Reserve Officer Training dent recently nominated General There are many of my colleagues, Corps Program at Texas A&M. While Moseley for his third star. It is excep- particularly those that were elected, an Aggie, he completed both his bach- tionally well deserved. I offer my con- Mr. Speaker, in 1994, who will look to elor’s and master’s degrees in political gratulations to him; his wife, Jennie; this pioneer in talk radio and will cred- science. He earned his pilot wings in son, Greg; and daughter, Tricia. it him in part for their election to the 1973 at Webb Air Force Base, Texas, Congress of the United States, and that The Congress and country applaud and was then assigned to stay on as a would be true. In many ways, the Re- the selfless commitment his entire T–37 instructor pilot. publican majority owes much of its family has made to the Nation in sup- From 1979 to 1983, he flew the F–15 as continued success to the talk radio porting his military career. I know I an instructor-pilot, flight lead and mis- that Rush Limbaugh reinvented in the speak for all of my colleagues in ex- sion commander, first at Holloman Air mid-1980s as a format for conversation pressing my heartfelt appreciation to Force Base, New Mexico, and then among millions of Americans on a General Moseley. He is a credit to both while serving overseas at Kadena Air daily basis. Base, Japan. Over his career, General the Air Force and the Nation. But it is a literal truth, Mr. Speaker, Moseley demonstrated his skill as an We wish our friend the best of luck in to say that I am in Congress today be- aviator in the T–37, T–38, and F–15 air- his assignment of commander, Ninth cause of Rush Limbaugh, and not be- craft, and has logged over 2,800 hours of Air Force, Air Combat Command and cause of some tangential impact on my flying time. commander, United States Central career or his effect on the national de- From early in his career, General Command Air Forces, United States bate; but because in fact after my first Moseley and his exceptional leadership Central Command. We are confident of run for Congress in 1988, it was the new skills were always evident to both su- his continued success in his new posi- national voice emerging in 1989 across periors and subordinates as he repeat- tion. the heartland of Indiana of one Rush edly proved himself in numerous select f Hudson Limbaugh, III, that captured command positions. He was the com- The SPEAKER pro tempore. Under a my imagination. And while I would run mander of the F–15 division of the previous order of the House, the gentle- for Congress again and lose, I was in- United States Air Force Fighter Weap- woman from Georgia (Ms. MCKINNEY) is spired by those dulcet tones to seek a ons School at Nellis Air Force Base, recognized for 5 minutes. career in radio and television. Nevada, and the commander of the 33rd (Ms. McKINNEY addressed the I began my career in radio in Rush- Operations Group at Eglin Air Force House. Her remarks will appear here- ville, Indiana, in Rush County, in 1989, Base, Florida. after in the Extensions of Remarks.) trying to do my level best imperson- When stationed at Nellis Air Force ation of Rush Limbaugh in those early f Base a second time, he commanded the days; and it was, I am here to tell you, 57th Fighter Weapons Wing, with 26 (her own MS.) bad radio when I started. squadrons, consisting of A–10, B–1, B– f b 2000 52, F–15C/D, F–15E Strike Eagle, F–16C/ The SPEAKER pro tempore. Under a By 1992, I began hosting a regular D, HH–60G, and the RQ–1A Predator. It previous order of the House, the gen- radio show in Indianapolis. It was a is the Air Force’s largest, most diverse tleman from California (Mr. ROHR- fighter wing. weekend conversation that became the ABACHER) is recognized for 5 minutes. most popular program on WNDE in the The 57th also included the Air Force (Mr. ROHRABACHER addressed the Special Weapons School, Red Flag, Air weekend lineup; and it was there that I House. His remarks. will appear here- became emboldened, listening often- Force Aggressors, the Air Force Dem- after in the Extensions of Remarks.) onstration Squadron known as the times to the entrepreneurial spirit that Thunderbirds, the Air Ground Oper- f emanated out of the Rush Limbaugh ations School, Air Warrior, 66th Rescue The SPEAKER pro tempore. Under a program to start my own syndicated Squadron and the Predator Unmanned previous order of the House, the gen- radio program that grew over a 7-year Aerial vehicle Operations. tleman from Oregon (Mr. DEFAZIO) is period of time to a daily audience of Buzz Moseley also excelled in a vari- recognized for 5 minutes. over a quarter of a million people, 18 ety of key staff assignments, including (Mr. DEFAZIO addressed the House. radio stations across Indiana. I was, in serving as the deputy director for the His remarks. will appear hereafter in every sense, Rush Limbaugh’s warm-up Politico-Military Affairs for Asia and the Extensions of Remarks.) act in Indiana, airing every time from Middle East on the Joint Staff; chief of f 9 a.m. to noon as his lead-in on many the Air Force General Officer Matters Hoosier stations. It was from that plat- Office; chief of staff of the Air Force TRIBUTE TO RUSH HUDSON form of popularity and distinction that Chair and professor of Joint and Com- LIMBAUGH, III I was able to accept the call in the year bined Warfare at the National War Col- The SPEAKER pro tempore. Under a 2000 to try again, for the third time, to lege; and chief of the Tactical Fighter previous order of the House, the gen- run to stand in this Chamber. Branch, Tactical Forces Division, Di- tleman from Indiana (Mr. PENCE) is So I rise today in recognition of that rectorate of Plans. recognized for 5 minutes. fact. I rise today in appreciation of the

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.098 pfrm04 PsN: H16PT1 H6876 CONGRESSIONAL RECORD — HOUSE October 16, 2001 example that Rush Limbaugh has been help people. She effectively articulated of the people whom Bea Gaddy fed and to me, both as an entrepreneur and as that strong communities are created encouraged there at her North an American. The truth is, he has been when we recognize that every member Collington Avenue row home in Balti- an inspiration to many millions of of the community is important. more later returned to volunteer after Americans. After Ronald Reagan left Mr. Speaker, as the testaments of they had become self-reliant members the national stage in 1988 and many of these national leaders witnessed, Bea of the community. Mrs. Gaddy’s life us conservatives were searching for a Gaddy’s vision for America tran- teaches us that a saint does more than voice and for over 20 million Ameri- scended the divisions of race, class, and minister to our needs; a saint also in- cans, that voice was and is Rush party that all too often limit our po- spires by the witness of her life. Limbaugh. tential as a people. Her legacy was di- In 1999, Bea Gaddy took her mission Now, I know something as a former rected to those of us who have the abil- on behalf of those whom America had radio professional about the formatics ity to give, as well as to the thousands left behind to the Baltimore City Coun- and my colleague (Mr. LEWIS) in the whom she helped to survive poverty. cil. During the last 2 years of her life, Chamber knows that in radio we Every year, hundreds of volunteers and she continued to work in the commu- learned pacing and how to hook the au- I joined Mrs. Gaddy for the Thanks- nity while advocating for housing, em- dience. We know the techniques, and giving dinner she prepared for those ployment, and health care programs in no one is better in that than Rush who were homeless. As I watched her the halls of Baltimore local govern- Limbaugh, in my judgment. But it was tireless and forever smiling generosity ment. We will hold her family in our not the formatics that drew the audi- towards others, I realized that God had prayers. ence to Rush Limbaugh; it was not the sent us an angel, that God was remind- Mr. Speaker, tonight, 600,000 Ameri- gimmicks. It was information, ing us through her that every person cans will struggle to find shelter be- verifiable fact and an undaunting will- has value. cause they have no home to call their ingness to speak the truth boldly. Mrs. Gaddy used her own trials in life own. Nearly one-half of them will have Rush Limbaugh was not one of those as a passport for helping others. Her work at jobs this week, but not have in the media who, in effect, cowered be- love for other people, and especially for earned enough money to afford a home. hind that image of objectivity, hiding those in the greatest need, became a By the legacy of the life of Bea Gaddy, the fact that he had opinions, biases, force for compassion and change she offered America a clear vision of beliefs, convictions; but, rather, he throughout Baltimore and the rest of compassion and commitment that can never feared being discovered to be an America. Our hearts go out to Mrs. address this national tragedy. American of strong opinions. In fact, Gaddy’s family as we join them in Mr. Speaker, a great American is Rush Limbaugh never feared anything. mourning the loss of a truly remark- gone from our midst, but we have been I trust as he faces one of the great able human being. empowered to carry on her work. challenges of his life in a debilitating Bea Gaddy challenged those who impact on his hearing, that that same came to her caught in the grip of pov- f courage, that same determination is erty to take control of their own des- tinies. She helped them to learn the being applied by Rush Limbaugh in the TELECOMMUNICATIONS INDUSTRY skills of perseverance that would uplift same way that his family is bathing his SEEKS TO THREATEN MILITARY their lives. Bea Gaddy also called upon circumstances in prayer. ACCESS TO RADIO FREQUENCIES those of us to whom life has been gen- I close today, Mr. Speaker, simply by AND THREATEN NATIONAL SE- erous, asking that we share our for- saying that Rush Limbaugh has made a CURITY difference in my life, and I say without tunes and our lives with those who are apology that I believe he has made a less fortunate. Poor and rich alike, the The SPEAKER pro tempore. Under a difference in the life of the Nation. He people of Baltimore responded to her previous order of the House, the gen- has given us an example of a life that vision because of the conviction that tleman from Utah (Mr. HANSEN) is rec- is about ideas larger than personal ad- she had gained from the trials in her ognized for 5 minutes. vancement, a life that tries to bring life. As I stated at her funeral a few Mr. HANSEN. Mr. Speaker, even as I the reality of God’s grace in each of days ago, she fully understood that we speak today, the Armed Forces of the our lives and in the history of this Na- are all the walking wounded, and that United States are engaged in combat tion before the citizenry every day. at some point in our lives, every single operations to ensure the security of My word to Rush is stay the course, one of us will stand like the blind man our people. However, the continued via- encourage, tear down the strongholds, on the corner of a busy highway wait- bility of some of the very weapons sys- only be strong and courageous, do not ing for someone to lead us across. tems being used now is threatened by a be discouraged, for the Lord your God We knew that she herself had been concerted effort to reallocate portions will go with you wherever you go. born into poverty during the Great De- of the radio frequency spectrum from the military to the commercial sector. f pression. This remarkable woman had once been forced by her own childhood This effort is being led by the tele- TRIBUTE TO BEA GADDY: A POINT of poverty to scavenge for food from communications industry, which is OF LIGHT, A BEACON OF HOPE the garbage bins of restaurants and seeking access to additional fre- The SPEAKER pro tempore (Mr. SIM- grocery stores. We, who knew and quencies to support development of ad- MONS). Under a previous order of the worked with Bea Gaddy, realized that vanced wireless services. They have House, the gentleman from Maryland her life had been filled with poverty vigorously argued that unless the Fed- (Mr. CUMMINGS) is recognized for 5 min- and pain. We also knew, however, that eral Government provides access to the utes. she had transformed her life, com- 1755 through 1850 megahertz frequency Mr. CUMMINGS. Mr. Speaker, I rise pleting high school, earning a college band, the United States will forfeit its to honor a great American, Baltimore degree, and marrying a wonderful man leadership of the worldwide tele- City Councilwoman Bea Gaddy, who a named Mr. Lacy Gaddy, who died in communications market. few days ago succumbed to breast can- 1995. Now, I do not pretend to know wheth- cer at the age of 68. For decades, Bea Bea Gaddy became known and be- er this claim is true or not, but I do Gaddy fed and sheltered the poor and loved throughout Maryland for those know that forcing the military to give homeless in our city of Baltimore. In wonderful annual Thanksgiving din- up this particular part of the frequency 1992, then President George Bush in- ners that she provided to as many as spectrum will have a significant nega- cluded her among Americans he hon- 20,000 needy people. She was admired tive effect on national security and ored as ‘‘Points of Light.’’ for her efforts to provide toys to the will put our service members at greater Upon learning of Bea Gaddy’s death, poor children at Christmastime, for risk. Maryland Governor Parris Glendening distributing donated shoes and cloth- The importance of this frequency observed that she ‘‘was a beacon of ing in the winter months, and for the band to the military cannot be under- hope for those who felt hopeless.’’ She summer camp she helped to sustain. It stated. The DOD systems that operate had a unique ability to reach out and is less well known, however, that many on these frequencies are the very core

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.103 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6877 of our war-fighting capability. They in- ment of Azerbaijan until Azerbaijan In his letter, Mr. Speaker, Secretary clude battlefield communications, pre- has shown that it has taken demon- Powell says Section 907 must be re- cision weapons guidance, satellite con- strable steps to cease all blockades and pealed so the Azerbaijani government trol of over 120 military satellites, air other offensive uses of force against can fight terrorist organizations in its combat training, and many other vital Armenia and Nagorno Karabagh. own country. What the Secretary does functions. The simple truth is that Mr. Speaker, I am concerned that the not say is that there are credible re- military access to the 1755 through 1850 administration is using the tragedies of ports that the Azerbaijani government megahertz frequency band is a matter September 11 and our Nation’s war invited bin Laden and his network into of life and death. against terrorism as a way to convince its country. Now, some have argued that the mili- Members of Congress of the need to Given this information, the United tary should just move to another part waive these sanctions. Yesterday, States Government should carefully re- of the frequency spectrum to carry on members of the Committee on Appro- view its relationship with Azerbaijan its functions. But let me be clear about priations and the Committee on Inter- and not reward it with repeal of Sec- this. The military did not just ran- national Relations in both the House tion 907. At a minimum, I believe U.S. domly decide to use these frequencies. and the Senate received a letter from interests are best served by insisting The military uses this part of the fre- Secretary of State Colin Powell re- Azerbaijan arrest and turn over those quency spectrum because the physical questing ‘‘assistance in passing legisla- involved in the al-Qaeda cells oper- properties of these frequencies meet tion that would provide a national se- ating there with the government’s ap- their unique operational requirements curity interest waiver from the restric- proval since the early to mid-1990s. which cannot be compromised for any tions of section 907.’’ Secretary Powell These cells threaten all of us in the reason, but certainly not for something continued by stating, ‘‘Removal of United States, but Armenia in par- as trivial as advanced cell phones. these restrictions will allow the United ticular is on the front line of this bat- So, it is not just a simple matter of States to provide necessary military tle. moving to another part of the fre- assistance that will enable Azerbaijan To date Azerbaijan has done nothing quency spectrum. We have to find fre- to counter terrorist organizations and to warrant repeal of Section 907, in- quencies that have comparable charac- elements operating within its borders. cluding continuing its war rhetoric, re- teristics, which is something we have This type of assistance is a critical ele- jecting U.S.-European calls for co- thus far failed to do. ment of the United States fight against operation with Armenia, rejecting spe- But even if alternative frequencies global terrorism.’’ cific proposals by Armenia for eco- are identified, the cost of modifying or Well, Mr. Speaker, this letter is un- nomic and regional cooperation, and replacing more than $100 billion in fortunate; and although I am not sur- backing away from the commitments equipment, not to mention the cost of prised, because the State Department made by Azerbaijani President Geidar retaining developing new tactics, is be- has always opposed section 907, but it Aliyev during peace negotiations this yond comprehension. I therefore ap- is particularly troubling to think that year in Paris and in Key West earlier Secretary Powell would want to pro- plaud the Secretary of Commerce’s de- in year. cision last week to no longer consider vide military assistance to Azerbaijan, Given the ongoing sensitive peace ne- the majority of the 1755 through 1850 a nation which has a history of aggres- gotiations, efforts to weaken or repeal megahertz bands for reallocation. This sion and blockades against Armenia Section 907 only serve to legitimize and which continues to this day to was the right decision, but it could Azerbaijan’s immoral blockade and make threats of renewed aggression have gone further by permanently re- would make its position at the negoti- against Nagorno Karabagh under the moving from consideration the entire ating table even more intransigent. cover of the international war on ter- 1755 through 1850 megahertz band. I re- Moreover, repeal of Section 907 is no rorism. way to reward Armenia’s solidarity main very concerned that when we Let me give some recent examples of with America’s campaign against move beyond the current crisis the these threats. Azerbaijani Defense Min- military will once again come under ister, Colonel General Abiev, was cited international terrorism. Armenia’s assault to relinquish these and other recently by Radio Free Europe/Radio early response to the World Trade Cen- vital frequencies to the commercial Liberty Caucasus Report as an advo- ter attack was to first assist American sector. cate of renewed aggression against staff at our U.S. Embassy in Armenia’s So let the word go out to all con- Nagorno Karabagh. capital to ensure the Embassy’s secu- cerned that we cannot and will not tol- Radio Free Europe has also reported rity. erate any attempt to restrict the mili- that Azerbaijani Foreign Minister Armenia’s President, speaking on be- tary’s access to the frequencies they Quliev has said that if Azerbaijan de- half of the Collective Security Treaty need to carry on their missions. We cides to liberate Karabagh from terror- of the post-Soviet Commonwealth of have a solemn obligation to protect the ists, then the international community Independent States, called for joint ac- people of the United States, and no ar- would have no right to condemn that tion against international terrorism. gument from any special interest group move as aggression. Armenia currently holds the rotating will change that. So do not even think Azerbaijani Parliamentarian Igbal- presidency in this six-member defense about asking for access to military fre- Agazadeh said that the time has come grouping. Armenia has also offered and quencies. The answer is no and will to start hostilities on the liberation of the U.S. has already used Armenia’s stay no. Some of these huge giants Azeri territories occupied by Armenia, airspace. In addition, Armenia has of- should realize that. a direct reference to a new war against fered intelligence-sharing and other f Nagorno Karabagh. unspecified offers of support. There is no reason to repeal Section MAINTAIN CONDITIONS OF UNITED Clearly, Mr. Speaker, Azerbaijan does not share our understanding of this war 907, and it would be a big mistake at STATES ASSISTANCE TO AZER- this time, Mr. Speaker. Now more than BAIJAN IN CURRENT FORM on terrorism. The senior Azerbaijani leaders are telling us very plainly that ever the Congress has to uphold the The SPEAKER pro tempore. Under a they intend to use all of the means at fundamental and enduring U.S. prin- previous order of the House, the gen- their disposal, including apparently ciples of justice, democracy, and tleman from New Jersey (Mr. PALLONE) any and all military aid that we pro- human rights. is recognized for 5 minutes. vide them in their antiterrorist war f Mr. PALLONE. Mr. Speaker, I come against the Armenian people. to the House floor this evening to urge THE RHODE ISLAND VICTIMS OF this Congress to maintain section 907 b 2015 THE WORLD TRADE CENTER DIS- of the Freedom Support Act in its cur- Taking any steps to weaken, waive, ASTER rent form and oppose efforts to repeal or repeal Section 907 will give Azer- The SPEAKER pro tempore. Under a this important provision of law. baijan the green light and the means to previous order of the House, the gen- Section 907 places reasonable condi- renew its aggression against Armenia tleman from Rhode Island (Mr. tions of U.S. assistance to the Govern- and Nagorno-Karabagh. LANGEVIN) is recognized for 5 minutes.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.105 pfrm04 PsN: H16PT1 H6878 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Mr. LANGEVIN. Mr. Speaker, 1 I offer my sincere condolences and only a small percentage of those bags month ago a grave injustice was per- support to the family and friends of are screened by x-ray or other tech- petrated on the American people. We David and Lynn Angell, Carol Bou- nology for explosive devices. were deeply saddened by the loss of chard, Sean Nassaney, Amy Jarret, Mr. Speaker, I have to tell the Mem- several thousand brave Americans who Renee Newell, and Michael Gould, and bers, it is clear to me that the Amer- will be missed terribly by their friends to all of those who have lost loved ones ican public has an expectation that and families. In a community as close- in the tragedy of September 11. We re- bombs are going to be kept out of the knit as Rhode Island, our stinging loss main confident, though, that together baggage that goes on the airplanes was even more personal. we will persevere. with them. That is a reasonable expectation, it is a commonsense expecta- I would like to take this opportunity f to remember seven men and women tion, but it is not being met by the air- The SPEAKER pro tempore. Under a from our great State who we lost in line industry. So the U.S. House of previous order of the House, the gentle- this tragedy. Representatives this week needs to woman from New York (Mrs. MALONEY) David Angell was a native of Rhode pass a bill and a statute that will re- is recognized for 5 minutes. Island who rose to prominence in the quire that we use the technology to in (Mrs. MALONEY of New York ad- television industry and was the execu- fact do that screening. dressed the House. Her remarks will tive producer of the popular show The good news is that we have excel- appear hereafter in the Extensions of ‘‘Frazier,’’ a wonderful tribute to his lent technology that can do this. We Remarks.) talent and hard work. He was traveling have several types of machines that, with his wife, Lynn, back to California f with a very high degree of confidence, after vacationing in New England with can determine whether there is an ex- AMERICA’S SECURITY IN THE plosive device in the baggage before it his brother, Kenneth A. Angell, former AIRLINE INDUSTRY auxiliary bishop for the Roman Catho- gets on the airplane. We simply need a lic Diocese of Providence. The SPEAKER pro tempore. Under law that will in fact require that those Carol Bouchard lived in my home- the Speaker’s announced policy of Jan- machines be used universally. We have town of Warwick, and worked as an uary 3, 2001, the gentleman from Wash- 100 percent coverage in this regard. emergency services secretary at Kent ington (Mr. INSLEE) is recognized for 60 We have introduced or the gentleman County Memorial Hospital. I spoke to minutes as the designee of the minor- from Pennsylvania (Mr. STRICKLAND) her husband of 2 years, who wants ev- ity leader. and about 30 others of us have intro- eryone to know what a wonderful Mr. INSLEE. Mr. Speaker, this duced a bill, the Baggage Screening woman Carol was. evening several of us have come to the Act, which will accomplish that. We She was traveling with her friend, floor to talk about what many of us be- hope that this bill, or the fundamentals Renee Newell from the City of Cran- lieve is the most pressing responsi- of it, will be included in the airline se- ston, who was a customer service agent bility of the U.S. Congress right now; curity bill when it comes to the floor for American Airlines. Renee’s husband that is, our security, and particularly this week. But there are a host of airline secu- of 10 years, Paul, would like people to our security in our airline industry. rity issues, and I would like to yield to know that she was not only a dedicated We believe that Congress should act the gentleman from Rhode Island (Mr. wife and mother, but also a proud air- very promptly; in fact, the other LANGEVIN), who has been showing lead- line employee. These two friends were Chamber has passed a bill. But to date, ership on this issue, for his comments. combining a business trip for Renee although we are 30 days past Sep- tember 11-plus, we still have not had a Mr. LANGEVIN. Mr. Speaker, I with a brief vacation in Las Vegas. thank the gentleman for yielding to Michael Gould was an employee of vote in this Chamber to increase how we deal with safety in our airlines. me. Cantor Fitzgerald on the 104th floor of I, too, would like to join with my col- That is extremely disappointing, be- the World Trade Center. He grew up in leagues, and many other colleagues, in cause we have had a lot of other votes Newport, Rhode Island, where his calling for greater security at our air- here in the House in the last month, mother still resides. After graduating lines. from Villanova University in 1994, he but we still have not dealt with some September 11 was a tragic day in this went to work in the financial sector, very, very huge holes in our airline se- Nation’s history. Let us take a strong first in New York and then in San curity provisions. lesson that we need to join together Francisco. Michael had just returned Tonight, we are going to start by and focus attention on the problem of to New York in June. talking about perhaps one of the most airline security to reinstill confidence Amy Jarret, of North Smithfield, glaring loopholes in our airline secu- in our travelers, in the knowledge that worked as a dedicated flight attendant rity system, and that is the loophole when they board an aircraft they do so for United Airlines. She began working that unfortunately allows bags with in safety, and that they will arrive there after she graduated from explosive devices to go into the lug- safely to their destination. Villanova University. She was aboard gage compartments of airplanes. Mr. Speaker, there are a number of the Boston to Los Angeles Flight 175. The sad fact is that Congress needs things that we can do to improve air- Sean Nassaney of Pawtucket, Rhode to act and act promptly and aggres- line security, the most important of Island, was 25 years old and already a sively to make sure that baggage that which, I think, as a first step, is that sales manager for American Power goes into the belly of an airplane is we federalize airline screeners. Conversion. He graduated cum laude screened for explosive devices. The rea- We want people there who are totally from Bryant College in 1998, spent a son we need to act is that the airlines focused on ensuring the utmost safety year in Australia, and then enrolled in themselves have not provided a com- for those who are entering the airports the MBA program at Providence Col- prehensive 100 percent screening by and who are entering our airlines, who lege. Sean and his girlfriend, Lynn any measure, any technology, even a will be boarding our planes. We want Goodchild, were on United Flight 175 visual inspection of the bags that go people there that are motivated not by en route to Hawaii. into the luggage compartment of our a company that is only motivated by Mr. Speaker, these men and women airlines. It is a glaring omission, and profits, but are there, again, totally fo- are only a few of the victims of the Congress needs to act. cused on security. Federalizing those tragedy that struck America 1 month We believe that we ought to this employees is the best way to get us ago. They will be sadly missed. Today, week include in our airline security there. I want to honor and remember and cel- package a provision that, by law, re- Mr. Speaker, as my colleagues stat- ebrate their lives. As our Nation copes quires 100 percent of the bags, not just ed, we have dealt with a number of with the events of September 11, we the carry-on bags, which are currently bills since September 11. We need now should take comfort in the knowledge screened, but in fact the bags that go to take up this issue in legislation in that the American principles of free- down the conveyer belt and go into the improving our airline security. dom and tolerance, democracy, will not belly of our aircraft, to be screened. Mr. INSLEE. Mr. Speaker, I thank be overcome by terrorism. Right now only a small percentage, the gentleman for sharing those ideas.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.108 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6879 If people heard the gentleman from luggage that is placed in the belly of most of that resistance is coming from Rhode Island (Mr. LANGEVIN) talking that plane, in the cargo space, is thor- the leadership on the other side of the about the tragedy and some of the oughly inspected before it is placed on aisle. They do not want to federalize folks lost September 11, it seems to me that plane. this security force. They do not want that it is incumbent on us to get ahead Last week, when we discussed this to pass this legislation that will guar- of the wave of terrorism to prevent this matter in this Chamber, we talked antee that all luggage is screened. from occurring. about the fact that we are currently in- I would just like to share one other We are confident that in the airline specting approximately 5 percent of the paragraph from the Columbus Dispatch security bill that the House will pass luggage that is being placed in the editorial before I yield my time back. we are going to deal effectively with cargo sections of airplanes. And the The editorial ends this way: ‘‘Will the manner of this horrendous attack; next day, I got a call from a young man there be no end to the revelations of namely, someone getting into the from the State of New York; and he how poorly the Federal Government, cockpit. said, Congressman, I am outraged, be- airport security workers, and airlines We have already started to introduce cause I am planning a vacation in No- have handled the job of protecting pas- into the industry some measures to vember. And I plan to take my family sengers? How many other rules are not keep people out of the cockpit. On the on an airplane. I had no idea that the being enforced? How much evidence do flight I was on from Seattle to Dulles luggage that is placed on the airlines is House Republicans need to convince them that only a top-notch security yesterday, there was a bar, a new bar not currently checked. force, paid by the taxpayers and not that they have put across the door that The fact is that most of it is not hired by the low-bid contractors, will United is putting on to keep people checked, and we will never be as safe make the airlines as safe as possible? A from bashing down the door. and secure as we can be and should be bill passed by the Senate and pending until we address this gaping hole in our b 2030 in the House would federalize airport security system. security. The House should stop play- So we think we are going to be suc- I would like to share with my friend ing politics with this essential legisla- cessful in preventing people from in- from Washington State an editorial truding in the cockpit, getting ahold of tion and pass it.’’ that was in today’s Columbus, Ohio, I say amen to what the Columbus these planes and turning them into Dispatch newspaper. They asked the missiles, but what we are concerned Dispatch has written in their editorial. question, ‘‘What security?’’ And I This is something we need to do, and about, we are concerned if the U.S. would read just a few paragraphs from we need to do it expeditiously. And House does not act about the next type this editorial. lives can be saved if we act; and I be- of strategy and tactic that the terror- The editorial begins: ‘‘Last week, lieve if we fail to act, American lives ists could use, which potentially could Americans learned about corporations will be lost. be to put a bomb in an airplane, and engaging in what has to be the most I yield back to my friend from Wash- unless we have a hundred percent outrageous disregard for public safety ington State. screening of baggage that goes into the displayed by any business in years. As Mr. INSLEE. Mr. Speaker, I thank luggage compartment, we are not going Americans now know, travelers who the gentleman from Ohio (Mr. STRICK- to have a degree of confidence that we believe that baggage was routinely X- LAND), always a good voice for common need to make sure that airlines are rayed were enjoying a false sense of se- sense; and this is basically common safe. curity.’’ sense. When I have talked to people So we need to get ahead of the terror- The fact is that most Americans, I about this, they say, of course they ists, not be one step behind them. We think, believe that when they go to an should be screened, there is absolutely need to be one step ahead of them, and airport and they check their baggage no reason not to screen this; and I ap- we have certainly learned since the they assume that before that baggage preciate the gentleman’s comments. Lockerbie bombing that this is a nec- is placed on that airplane that it will I just want to share one piece of good essary step. be screened; and it is not. What hap- news on this issue. I would like to yield to the cosponsor pened over Lockerbie, Scotland, which The good news is that through Amer- of the Baggage Screening Act and lead- cost so many young lives, was a suit- ican genius of developing technology, er on this issue, the gentleman from case bomb that had been placed in the we have machines that work tremen- Ohio (Mr. STRICKLAND). cargo of that airplane. And last week dously. They can screen somewhere be- Mr. STRICKLAND. Mr. Speaker, I we met with two fathers who lost sons tween 500 and 800 bags an hour. They want to thank my friend from Wash- in that terrible tragedy. One lost a 20- have an extremely high rate of success ington State for yielding. year-old son and one lost a 24-year-old in finding explosive materials. All we The fact is that we believe the Amer- son. These two fathers stood outside have to do is make sure they are in the ican traveling public has a right to be this Capitol building and shared with airports and they are turned on. Several years ago, the Federal Gov- fully informed about the safety and se- us the fact that they had worked for ernment gave the airlines about $400 curity measures that are available to the last 13 years trying to get this million worth of these machines, about them, as well as those that are not in changed so that other parents would 100 plus of these machines. Unfortu- place, as they make decisions regard- not have to face the kind of sadness ing whether they want to fly on an air- nately, many of them sat there and and tragedy that they faced. have not been used. So incredibly, the plane. The fact is that today flying is Yet the airlines have consistently Federal Government has given the air- somewhat safer than it was prior to fought this commonsense procedure. lines these machines and they have sat September 11, but there is so much We need to do this, and we need to there in a corner and people are not more that we need to do that we have make this a part of the airline security using them. not yet done. bill that this House passes. The good news is that the FAA has Every flight should have a marshal Before I yield back to my friend, I ordered people to start using those as on that flight that is trained and would just like to say this. We have close to 100 percent as they can now, armed and fully prepared to protect the done a lot in this Chamber since Sep- but we need to get more of these won- passengers and the pilots. That is tember 11. We have dealt with a lot of derful machines. Put American tech- basic. things. We passed a $15 billion bailout nology to work. There is good news Every flight should be a flight where for the airline industry. We have at- here if we will do our jobs. the baggage that is carried on board tended to some other national needs, Mr. Speaker, I want to yield to the has been thoroughly screened so that but the American people want to feel gentleman from Connecticut (Mr. we know that knives or guns or other they are safe. And people who fly on LARSON). I want to note too that Con- weapons have not been taken aboard our airlines want to feel that we have necticut is the home of our insurance that airplane. done everything that we can prac- industry. Another thing that needs to be done, tically do to make sure they are safe. There is an aspect of the economic and quite frankly where there is great Yet there is great resistance in this security for the whole country in mak- resistance, is making sure that all the Chamber, and I am sad to say that ing sure we do not let bombs get into

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.110 pfrm04 PsN: H16PT1 H6880 CONGRESSIONAL RECORD — HOUSE October 16, 2001 baggage, that is, if another plane or then who but to blame then the United It was not the FBI, the CIA, the FAA, two goes down, not only will we have States Congress for not taking the ap- or the Armed Services that responded insurance claims, we will have a loss of propriate action. first in the New York, in the fields of the whole airline industry. We need the I commend the gentleman for his per- Pennsylvania, or the Pentagon. It was airline industry to get behind this bill sistency in this issue. For more often our frontline individuals. I have met to say that all of us should be partici- than not in a legislative body it is per- with them. If we talk to people back in pating in the screening. A man from sistency that counts. It is making sure our home district, and they will quote the insurance industry I know under- that the public understands that this us. Take a look at the budget as it ex- stands that. issue is not going to go away, and it is ists today in the Federal Government Mr. Speaker, I yield to the gentleman incumbent upon the public to contact as it relates to terrorism and how we from Connecticut (Mr. LARSON). their local Congressman. are prepared, we have appropriated Mr. LARSON of Connecticut. Mr. So for those of you who are listening about $8.9 billion, only $300 million of Speaker, I would like to thank the gen- tonight and are interested in this sub- which gets outside of the Beltway. tleman from Washington (Mr. INSLEE) ject matter, do not write the gen- To the gentleman’s point about the for his outstanding leadership on this tleman from Washington (Mr. INSLEE). reluctance of the airlines and the need issue. I rise to associate myself with He is a supporter of this. Write your for the Federal Government to step for- the comments of him and the gen- local Congressman. Talk about this im- ward here, is that this truly is a front- tleman from Rhode Island (Mr. portance too with them. Send them a line initiative that is going to need the LANGEVIN) and the gentleman from letter. Call them on the telephone. The funding. Now, if that requires, as the Ohio (Mr. STRICKLAND), the gentle- pressure has to come from the bottom gentleman rightly points out, $2 or $3 woman from Texas (Ms. JACKSON-LEE), up in order for us to move legislation more to make sure the cockpit is se- and the gentleman from Mississippi in this body. cure, to make sure we have the kind of If there is one lesson that we have (Mr. SHOWS), which follow in what the technology available at our airports so learned, the silver lining in September gentleman has rightly put forward is a the people feel safe and secure, I think 11, is a renewed interest on the part of very commonsense approach. the American public needs to hear that the public, an understanding that we Since September 11, clearly the world debate and that dialogue. as we have known previously has no longer can be passive participants changed in dramatic fashion. Thomas and defer responsibility to someone b 2045 Friedman wrote in The New York else, but have to take the steps our- I believe they are ready to step for- Times that if we are to point fingers selves to get involved in our commu- ward and make sure we embrace safety and look for blame, one of the areas we nity, to get involved in our State, to and security. That is what September ought to look to is failure of imagina- get involved in our Nation. We can do 11 has done, it has gelled us together as tion, failure to think through the po- that very easily by picking up the a Nation in patriotic fervor, yes, but tential of what could happen. phone, by writing a letter, by sending also with the notion of what to do be- This very commonsense proposal an e-mail and supporting this key piece yond this; to make sure in that time- does not require an awful lot of imagi- of legislation. honored tradition of the Boy Scouts Again, I want to commend the gen- nation. What it requires is the will to that we are prepared, and the gentle- tleman from Washington (Mr. INSLEE) step forward and recognize in a very man’s bill prepares us for that future. for his outstanding work in this area pragmatic fashion what needs to be And, again, I want to commend the and his persistency. gentleman. done in the country immediately. And Mr. INSLEE. Mr. Speaker, I thank Mr. INSLEE. I may note, too, that we as we take up the issue of airport secu- the gentleman very much for that elo- hope, particularly for smaller airports, rity, whether it be marshals on planes, quent comment. I agree, we have no ge- that there is Federal assistance in fi- whether it be cockpit security, whether nius here. This is a commonsense idea, nancing this thing. These machines are it be the use of greater technology, this and we will try to be persistent. is something that the American public I have got to note, I think the ques- not inexpensive. They are extremely is insisting upon. tion if the House fails in this charge to effective, but they are not inexpensive. We cannot expect to go forward and do this, people are going to ask why And particularly for our airports that have tourism continue at its pace pre- are we spending millions of dollars to have limited revenues, we hope the viously or commerce and business to make sure people have the nail clippers Federal Government will help in the travel across this Nation if we are not taken away from them when they go acquisition. willing in this body to put forward leg- through the passenger screening sys- We are going to have a stimulus bill islation that as the gentleman has put tem. And then we have a big barn door to help stimulate the economy. We forward, would provide us with the that is open that allows people to put need to stimulate some safety and cre- most up-to-date technological ability 40 pounds of C4 explosive in their bags ate some jobs building these machines. of screening and also federalizing our and take down the plane. The does not And to those people in the airline in- airports in such a manner that we make any sense whatsoever. dustry that say it will take too long to know we are getting the kind of scru- The reason the people need to know build these, we built 12,000 B–24s in 31⁄2 tiny and security that the American this sort of dirty little secret here, the to 4 years during World War II. We can public demands. reason this has not happened to date is build a few hundred of these machines Why do they demand it? Because our the airlines have not wanted to spend a in the next several months to a year, televisions, our cable TV broadcasts buck to do this. We are talking about and we ought to be doing that right are replete with what has happened maybe $2 a passenger to do this. That away. since September 11. And the concerns security is worth $2 a passenger. Be- I want to thank the gentleman from have been put out there. They were elo- lieve me, I think I can state that I have Connecticut (Mr. LARSON), and I now quently stated by the gentleman from 600,000 constituents, and I think every want to yield to the gentlewoman from Ohio (Mr. STRICKLAND), and these need one of them agrees with this propo- Texas (Ms. JACKSON-LEE) for her com- to be addressed in a very commonsense sition. We need to make sure that voice ments. manner. To move away from an impor- is heard. Ms. JACKSON-LEE of Texas. Mr. tant security issue at a time when we Mr. LARSON of Connecticut. Will the Speaker, I would almost say that I am are focusing on homeland defense just gentleman yield? sorry I had to meet my colleague this makes no sense whatsoever. Mr. INSLEE. I will yield to the gen- way, this week, this time; but I am cer- I conduct hearings back in my dis- tleman. tainly pleased to join my colleagues for trict and have met with local munic- Mr. LARSON of Connecticut. It has what I consider to be a very, very im- ipal officials. Truly this is another area not been missed on a number of us as portant challenge that we have to face. of frontline defense. And if we are not well that since September 11, we have There have been some different dis- taking every precaution necessary at spent an awful lot of time focusing on cussions and different challenges since our airports to make sure that people homeland defense and first responders September 11; and if my colleagues will are safe and secure while traveling, and appropriately so. bear with me for a moment, they will

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.112 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6881 understand the thrust of my remarks whelmed; and that is not a good word, curity was 100 to one, and the gen- about why we have to be here today to because it means you are not acting. tleman can correct me, but what has talk about the federalization of the se- But I think we are acting tonight, been the response and where are we in curity systems at our airports and for and the gentleman is acting; and we moving this bill through the House? our airlines. are going to get this bill heard. That Will Members of the House have the op- Since September 11, we have con- we could have a vote so strong in the portunity to work on behalf of their fronted the new question of how do we United States Senate, here we are talk- constituents to answer the concerns. secure the American people, the Amer- ing about bicameral and working to- As we are stopped at airports all the ican people who trust us and who have gether, and yet we come to the House time, the concessionaires are telling confidence in us and who entrust us of Representatives, 435 Members in the me get more people flying, and I am with the responsibilities of govern- people’s House, who do not even get a trying to do that; but what is the sta- ment. No one could have predicted, at chance to debate this issue, to be able tus of the legislation that we are try- least we are not casting any accusa- to stand up for the American people ing to do here in the House? tions on the terrible and heinous acts and tell them we are going to check Mr. INSLEE. Well, the gentlewoman of September 11, but what the Amer- those airline bags, those bags going is correct. It was 100 to zero, unani- ican people can ask us for today is that into the airplane. mous, in the Senate; yet we still have we act today with deliberateness and I came in from Dulles, and I was not had a chance to vote on a security factualness and we act to do the right looking at the Japanese airline bill. And that is incredible, because if thing. counter; and if I am not mistaken, I this bill was brought to the floor, we Yesterday, in my district, after hear- saw an X-ray machine outside that are confident it would pass with over- ing of the terrible incident with Sen- counter. I did not see it outside our whelming bipartisan support. This bill ator DASCHLE, interestingly enough I counters, but I saw an X-ray machine has bipartisan support, the gentleman was meeting with my emergency per- and it had Japanese language on it, so from Connecticut (Mr. SHAYS), the gen- sonnel, with physicians, talking about it means people getting on that plane, tlewoman from Maryland (Mrs. anthrax. And as we were sitting in a their bags were going through an addi- MORELLA), who is a leader on this sub- meeting, several incidents occurred in tional X-ray machine. This is un- ject, has supported this concept. We our own meeting. A woman got a sub- seemly. And I believe it is time now will pass this bill with bipartisan sup- stance in the mail; the 911 operator that we get the headlines of the Na- port. The problem is that, unfortu- said go straight to the hospital. She tion’s newspapers. I know the gen- nately, some of the leadership in this takes the envelope and winds up shut- tleman just read an op-ed piece from Chamber, in the majority party, does ting down the hospital and having to the Columbus Dispatch, but I believe it not want this bill and the potential decontaminate the patients. So new de- is time for our newspapers from Hous- federalization of this issue to occur, to cisions have to be made, quick deci- ton to Seattle to San Francisco to New even have a vote on it. And I think sions have to be made. And later on to- York to begin to look at the real issues that is most unfortunate because we night we will be discussing this whole that are confronting the American pub- would pass this bill if we had a chance issue of dealing with the Afghan lic. to do it. women and children and trying to nur- People are still not getting on the I have to tell my colleagues that the ture them. That means that we are planes. And I am the first one to say I people I talk to want to see the Federal looking at the world through different do not want to create panic or Government assure the flying public glasses. hysteria. I want my constituents to fly. that they have security. And just like I cannot understand for the life of I am getting on a plane every day. But we have Federal employees running the me, as so many of us get called and there must be this sense of obligation FBI, just like we have Federal employ- interviewed, I got a news reporter call- and responsibility that we have. ees running the FDA, we ought to have ing me about what am I doing about se- New language on the floor of the Federal assurance and Federal officers curity in my office, how are my em- House today. We are talking about who are certified and trained and paid ployees handling anthrax; and I said I helping the Afghan women and chil- so that they do not have a 400 percent want them to be safe and secure, we dren and talking about the terrible turnover, like the people do now run- are following the instructions, but Taliban and how we want to make sure ning the airports, so they have a high most of all I want them not to panic, they are no longer in charge. But as we level of security. to be calm. But no one is asking about do those things and talk about anthrax We have police officers work for us why the Senate voted 100 to one to pass and safety and postal rules and regula- that work for the city, we have fire de- a bill providing a safe pathway for the tions, I think it is important that we partment people that work for the city, thousands and thousands and millions bring this bill to the floor of the House. and these people ought to work for us and millions of passengers, men, Let me just simply yield to the gen- so that we do not have this private en- women and children, families being tleman for a question, but first I want terprise in the mix. Now, there is noth- united with grandmothers and grand- to make a point about this bipartisan- ing wrong with private enterprise; but fathers, aunts and uncles, going to col- ship. I am as committed as anyone. I when it comes to security, this is not a leges and visiting their young people at think we are going to have a debate on theoretical experiment. We had an ex- colleges, college people coming home the economic stimulus package. There periment and it ended on September 11. for holidays; and yet we cannot take are some disagreements there. And I It failed that model. this bill up in the House of Representa- think the American people need to un- Mr. STRICKLAND. Would the gen- tives. No one seems to think that that derstand that this is in keeping with tleman yield for just a moment? is an important enough headline to ask democracy and what is the right thing Mr. INSLEE. Certainly. the question. to do; legislation that we worked on to- Mr. STRICKLAND. The fact is the My good friend from Ohio mentioned tally different, but I am bringing in on American people want us to do this. something, and probably someone is a bipartisan point, H. Con. Res. 228, The American people want to be safe out whispering why did he say that, dealing with prioritizing the children when they fly. Most American citizens friends on the other side of the aisle; who lost parents on that day, trying to that I have talked to, who have flown, but there comes a time when you must get them the Federal benefits. That some of them for many years, have op- stand up for the American people. I be- bill is languishing here in the House; erated under the belief that when they lieve that we have been most gracious we cannot seem to get that to the fore- took a bag and they checked it in at and most committed and most patri- front and to the attention thereof. the airport that it was screened for ex- otic working with the President, work- Here we are with the bill of the gen- plosives before it was placed aboard ing with our colleagues on the other tleman from Washington (Mr. INSLEE), that airplane. side, saying that we are going to face and I want to ask, because I think I I think this is something that mem- terrorism and we are going to look it have the right numbers correct, I know bers of both parties want. And as the in the eye and they are not going to in- there was a bill we passed 96 to one in gentleman said, if we had a chance to timidate us. But I am sorry, I am over- the Senate; but I believe the bill on se- vote, I am absolutely confident that we

VerDate 11-MAY-2000 05:26 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.114 pfrm04 PsN: H16PT1 H6882 CONGRESSIONAL RECORD — HOUSE October 16, 2001 would pass this bill overwhelmingly. one thing, and perhaps the gentleman that the gentleman from Washington But the fact is that a very small mi- from Mississippi will want to comment (Mr. INSLEE) is talking about. And I nority of the majority, those in posi- on it. wish the media would get onto this. tions of leadership, are preventing this This is from the New York Times of The media is telling bin Laden and the legislation from coming to the floor for October 12, a month after the tragedy. Taliban more things than I want them a thorough debate and a vote. It just It says, ‘‘The security company that to know. Why is the media not talking simply is wrong. was fined $1.2 million last year and put about this? I believe as the American people find on probation for hiring convicted fel- Mr. Speaker, I have asked the media out what is happening they will be- ons to screen passengers at Philadel- to get involved and help promote, and come enraged and they will start ex- phia National Airport has continued to ‘‘promote’’ may be the wrong word, but pressing themselves, so that eventually hire screeners without checking wheth- what is wrong with helping the Amer- we will get this bill passed; but we need er they have criminal records, the ican people feel safe on the plane? to do it sooner rather than later. United States attorney says. Prosecu- What is wrong with having Federal em- Ms. JACKSON-LEE of Texas. If the tors also said the company,’’ and I will ployees doing so many other jobs, and gentleman will yield. leave out its name just for the mo- we are not talking about a huge num- Mr. INSLEE. Yes. ment, ‘‘had failed to fire the felons it ber that is going to be added. We just Ms. JACKSON-LEE of Texas. I want had already hired and lied to the gov- added billions to what we are talking to follow through on the gentleman’s ernment about the background checks about. We want to improve the air- point. We have had some success with it was supposed to be conducting.’’ lines, and we do not want to see Na- airports opening; but I am told even That is an experiment that we had tional desolate, we do not want to see today, in visiting National Airport, the when we did not have a federalized sys- Orlando desolate, and we want to see Nation’s jewel as it relates to air trav- tem of dealing with airline security. Mississippi and Florida tourism grow- el, and certainly the recognition that That has failed and we need to move ing, and the only way to do that is to we are looking terrorists in the eye and forward. It is regrettable that the lead- make people feel safe. If they feel safe, we are not going to be intimidated, ership of this Chamber has not allowed they will fly. that it is practically empty. A part of the majority will to fix this problem. Also what country or what state lives the reason, of course, is it deals with With that I wish to yield to a great in the most dangerous part of the rules they are trying to construct, but leader both on this issue and others, world, and that is Israel. How many also the desire to fly and coming into and the star of our class in 1998, the planes have they lost or been hijacked this area. I am almost sure that with gentleman from Mississippi (Mr. in the last 10–12 years? the headline banner of the new federal- SHOWS). We are the only country that does izing of the security, it would make a not pay our screeners and have them as 2100 world of difference. b State or Federal employees. Are we so I do want to just note that none of us Mr. SHOWS. Mr. Speaker, I agree much smarter than everybody else that are condemning the hardworking indi- with what the gentleman from Wash- we do something that nobody else does. viduals who are doing that job now. We ington is talking about. Being a high- I admit that the United States of appreciate the work they are doing, way commissioner from the State of America is the best country in the with the training they had, many of Mississippi, we used to accept the low- world, but we do not have to reinvent them coming from our respective com- est bids on contract work for our high- the wheel. We can look at what works munities. I want them to know I appre- way department, the lowest bidder get- for Israel and Europe and see what has ciate them and respect them. I would ting the job. happened to them and what has hap- hope some of them would be put in a Basically what has happened in the pened to us. position to be trained, elevated, pro- airline industry, they are competing In closing, I would like to say that moted, and given career opportunities. against each other. They know if they we need to promote the well-being of This is not an argument about those pay the screeners more money than our people traveling for the good of people who are acting and performing others are paying, guess who is not this country, for the good of airlines. I at the level of their training. going to get the job. We need to work was in the airport this morning flying In fact, this morning, coming up out some kind of mechanism to make out of Jackson, Mississippi. An em- here, I saw that they were putting peo- sure that the best qualified people get ployee, this is one of the people that ple off the counter because they need the job. actually worked there, I know who he so many people. I recognized people People have to feel safe to fly. It is is, he said, please ask them to fed- from the counter who were just stand- ridiculous to think we can give billions eralize these jobs so we can recruit. ing trying to be security. That is not of dollars to the airline industry, which And I am not saying that the ones that fair to them. And they are doing that I voted for because I want to help the are there are not good people, but they because there is so much load. airlines. I know what it means to our are paid the minimum wage. How much So what I would simply say, this is country and our commerce in this interest can they have in their job if an effort not to in any way denigrate country, but for us to do that and not they are being paid minimum wage. anyone who is doing the job within the do the things that we need to do to Mr. Speaker, we have a lot of things realm of their capacity and training. make the people feel safe to fly, and I that we need to correct, and one of This is to say that we now speak a dif- can tell my colleagues what we can do. them is what the gentleman is dis- ferent language, we have a better way We can take a lot less money and put cussing, inspecting every bag. A lot of to do it, and the way to do it is to pro- that money into making people feel people think every bag is being vide the federalization. And it really is safe when they get on the plane, and screened right now, and they are not. If shameful that we would use the issue we will see the airline industry come every bag is not screened, this is going of working people and that we do not back. People will adjust to what it to make travelers even more wary of want more Federal employees as an takes to get prepared to get on an air- getting on a plane. Let us screen every issue to prevent safety here in the plane. Once they know that they have bag and put the equipment in there. United States. to have their bags packed a certain Let us get the employees that screen I thank the gentleman for yielding to way, they have to get there early the bags federalized and get them to me. enough, people will adjust because they where they can make a decent living Mr. INSLEE. I will yield to the gen- like the convenience and speed of fly- and we will not have to make another tleman from Mississippi (Mr. SHOWS) in ing. They can get to their destination bailout because people will fly again. a second, but that is a very important in a day or half a day. Mr. INSLEE. Mr. Speaker, the low point. Basically, what we have seen is But it is like walking in a neighbor- pay and lack of training has resulted in what happens when you try to do secu- hood that one does not feel safe in, peo- 300 and 400 percent turnover in the rity on the cheap. And we have had this ple are going to go around that neigh- folks that do the job. What expectation porous system, and I want to tell my borhood. Until the people feel safe on can one have when the business has 400 colleagues how porous it is. I will read these airlines, and it is just the bill percent turnover of its employees.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.116 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6883 I was talking to the gentleman from an airplane with our families, the peo- parts of this Chamber that says the Washington (Mr. MCDERMOTT). He said ple we care about, for vacation or busi- Federal Government is evil and should when he got on the plane yesterday, he ness or for whatever reason, that we not assume more responsibility. This is took his metallic objects, his phone can believe that our government has a responsibility that the Federal Gov- and watch, and he tried to put them in taken those steps that are essentially ernment needs to assume for the ben- a little cup while he walked through necessary for us to be as safe as pos- efit of its citizens. The failure of the the Magnometer, but there was no cup. sible. current model, which is the airlines So he walked through holding his me- Until we do this, I believe the Amer- running the system, speaks volumes. tallic objects. Of course the ican public needs to know and to un- The other thing that I want to say is Magnometer went off like it is sup- derstand that there is a possibility that we have to have Federal decision- posed to do. The gentleman from Wash- that when they get on that airplane, it making on this because if we are going ington went back to go through the may have an explosive device in its to have a system that does not delay Magnometer again and the person said, cargo hold. The American people de- passengers, we have to have a con- go ahead, I see that you are holding the serve that information. I do not want sistent system. We cannot have one metal, and that is what set it off. But to scare people either. I want people to airline doing it one way, and a second the fellow who was doing the screening feel like they can fly and fly safely; but airline doing it a different way. When did not realize that he could have had neither do I want to deceive or keep in- we have connections, we have to have a a grenade and a .45 caliber Smith & formation from the public. The public consistent system. We cannot have a Wesson, and he did not send this pas- needs to know that when they get on balkanized system. senger back through the Magnometer. an airplane today, that it is likely that The airlines do some things good, but That is the lack of attention, precision, at least 95 percent of the luggage that they do not get together and decide acuity that makes this a poor system is in the belly of that plane has not things very well. They cannot even de- at the front end much less at the back been screened for explosives. cide, after 10 years, what size of carry- end. I go back to what I have said before. on should be the maximum side. That And the gentleman mentioned that If we pass this legislation, I believe is why the Federal Government needs not all of the bags are screened. Almost American lives will be saved. If we ne- to act. 90 percent of the bags are not screened. glect to do this, if we play politics with Mr. Speaker, I yield to the gentleman This is a huge, huge failure. Right now this issue, if we put it off and put it off, from Ohio (Mr. STRICKLAND). we are paying attention to the front if we argue about whether or not we Mr. STRICKLAND. Mr. Speaker, we door where the passengers walk on, and are going to pass a bill or have Federal do not want our police officers to be we have a back door that is totally employees and this matter is contin- privatized. We do not want our CIA or open in the baggage hold. ually pushed aside, I believe the lives our FBI to be privatized. We do not Mr. SHOWS. Mr. Speaker, I would of American citizens will be lost. What want our firefighters to be privatized. like to say I think personally 6 months we are dealing with here is a very seri- We are talking about security here. from now if we do not do something to ous matter. Our airport security personnel should Much of what we talk about in this give the flying public confidence, we be professional. They should be ac- Chamber and what we vote about does are going to be looking at another bail- countable. They should be highly not have life or death implications, but out. I do not believe that airlines can trained, and they should be govern- this matter has life and death implica- survive under the environment that is ment employees. The government tions. That is why we should take it se- happening now. People are still not fly- should be responsible for their perform- riously. That is why I feel strongly ing. ance. I do not want to come back 6 to 8 that we should keep at this and every I think this is what the American months from now and have airline chance we have to come to the floor people want. The Senate voted 100 to after airline going out of business, and and talk about this issue, that we do it nothing. Every Republican and every we have States’ revenue dropping, and until the leadership on the other side Democrat in the Senate of this country us not have done our job. We ought to of the aisle is willing to bring this bill voted to federalize this security force. have the opportunity to do that. to this floor so that we can have a Yet we are not getting an opportunity Mr. Speaker, I thank the gentleman vote. for organizing this special order. We are the representatives of the in this House Chamber even to bring Mr. INSLEE. Mr. Speaker, I yield to American people. We have a responsi- the bill to the floor for a debate and vote. I do not believe that we will get the gentleman from Ohio (Mr. STRICK- bility to do all that we can to protect that opportunity until the American LAND). them. We deserve the right to have this Mr. STRICKLAND. Mr. Speaker, I be- legislation brought to this floor for a people express themselves, until the lieve most Americans have thought vote. It is unconscionable that the American people let the leadership in that when they go to an airport and leadership on the other side of the aisle this Chamber know how deeply and they check their luggage, that it is would prevent us from bringing this how strongly they feel about this issue. screened before it is put on that air- vital legislation before this Chamber. Mr. INSLEE. I yield to the gentle- plane. I think it is a surprise to a lot of Mr. INSLEE. Mr. Speaker, that is woman from Texas (Ms. JACKSON-LEE). American travelers when they find what is disappointing about the cur- Ms. JACKSON-LEE of Texas. Mr. that those bags have not been screened. rent state of affairs. The House has Speaker, I want to follow up on the I would like to share one other para- been remarkably united. The Speaker languishing of these large machines graph from this Columbus Dispatch has done a good job in trying to find a that are in a number of airports around editorial on airline safety. unified position in dealing with the the country. What a terrible tragedy. I This is in today’s Columbus Dis- international conflict. happen to know firsthand of these par- patch. They say ‘‘The U.S. Transpor- Now we are in a situation where ticular machines. tation Department’s Inspector General some of the folks in the majority lead- One of the reasons given by some of reported just last Thursday that obser- ership know we are going to pass this the individuals I spoke to is we do not vations at seven of the Nation’s 20 bill if it comes to a vote; and for that have a physical area large enough for highest risk airports found nearly no reason they will not allow a vote on it. the machine. That is a definitive and screening of checked bags.’’ Now, some There is no other reason to bring this defined need for the Federal Govern- time ago, $441 million in tax money for a vote. Certainly the American peo- ment to step in and to indicate you do was used to buy 164 high tech bomb de- ple’s attention is focused on the issue not have one, you make one because it tection machines for about 50 airports of security. The only reason to not all plays into securing the American and 20 airlines. These largely have been bring it to a vote is we are going to skies, if you will. gathering dust or sitting in ware- pass it on a bipartisan basis. I think the next point that I want to houses. That is why we need a law. We Unfortunately, folks have let ide- make is what have we been covering need to make this mandatory so that ology stand in the way of common and hearing about over the last couple when we go to the airport and get on sense. There is an ideology in some of days? Anthrax.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.117 pfrm04 PsN: H16PT1 H6884 CONGRESSIONAL RECORD — HOUSE October 16, 2001 b 2115 rate, the same number of passengers Mr. INSLEE. I want to thank my col- We have not been hearing about how per hour; and if we build that capacity, leagues for this safety hour. We hope do we prevent tragedies with anthrax, we are not going to slow down people that the U.S. House listens to the or measures that would have prevented getting on planes for 5 minutes. American people and give them what what is occurring now. We are hearing Americans have an expectation of se- they want, which is 100 percent screen- of the number of incidences where peo- curity and convenience. In this case, ing. It will be a good day for the House ple are bringing to the attention of the we can have those both as long as we if we do that. can compel the Federal Government to law enforcement authorities about this f kind of powder and that kind of pow- take over decision-making about these systems to assure 100 percent screen- REMOVAL OF NAME OF MEMBER der. AS COSPONSOR OF H.R. 1305 Part of it, of course, is misinforma- ing. It takes this House to act; because, tion. Part of it is not understanding unfortunately, the airline industry for Mr. SHOWS (during the special order what anthrax is, what it is and what it one reason or another has been incapa- of Mr. INSLEE). Mr. Speaker, I ask is not. Part of it is not having the in- ble of that. unanimous consent to have my name I yield to the gentleman from Ohio. formation that the American people removed as a cosponsor of H.R. 1305. Mr. STRICKLAND. I would like to The SPEAKER pro tempore (Mr. need to have, and this is what we are comment on my friend from Texas and facing right now with federalizing the SCHROCK). Is there objection to the re- her comment regarding the media and quest of the gentleman from Mis- security. The American people are not the need for public exposure. I believe hearing what the truth is about what is sissippi? it is beginning to happen. I go back to There was no objection. happening in the United States Con- what I have said before here. I think gress. one of the reasons we have not heard f And though I do not expect for our more about this is there has been an AFGHAN WOMEN media, both electronic and print, to be assumption, a belief, a false belief, that The SPEAKER pro tempore (Mr. our advertisers, if this is not a time for bags are currently being screened. I civic duty, to be able to make head- SCHROCK). Under a previous order of just point to this editorial in the Co- the House, the gentlewoman from lines across the Nation, when are we lumbus, Ohio Dispatch of today, calling going to vote on a bill passed by the Maryland (Mrs. MORELLA) is recognized attention to this matter. for 5 minutes. Senate 100–0? When are we going to ac- Last evening in Columbus, Channel cept the responsibility, or the Federal Mrs. MORELLA. Mr. Speaker, the 10 television had a program where they terrorist attacks of September 11 swept Government or the Congress, to do discussed this need for increased secu- what they are supposed to do and to away our innocence and left us with rity and bags being checked. So I be- grief and anger, anxiety and a resolute- help move this forward? lieve people are starting to understand That is the point I think should be ness to make sure this does not happen that what they have assumed for a long again and to eradicate terrorism. made tonight. I hope someone is listen- time is not necessarily what is hap- ing. Because tomorrow we should wake I just listened to part of a special pening. And when you consider the fact order that the gentleman from Wash- up and we should see these kinds of that probably no more than 5 percent ington (Mr. INSLEE) had with regard to headlines, because maybe if we had of the luggage that is placed in the seen headlines explaining anthrax 4 screening baggage. Security is criti- belly of a plane is checked, that is cally important. We do have the tech- weeks ago or being able to explain that alarming. nology to do it. I want to comment on you do not take an envelope and go to I have shared with my colleagues in my cosponsorship of that legislation a hospital, what you do is you leave it the past the fact that I am not even contained, you call 911 or you call the certain that the current screening that and the need that we do something authorities, you do not move this is taking place is at all meaningful, be- more about security, making sure that around, maybe some of the tragedies cause at Dulles International Airport every bag is checked. that have occurred, we might have last week, I checked in and put my bag But also with regard to September 11, avoided. down, and I was informed that my lug- I rise before this body to recognize the We want to, of course, secure all gage had been randomly selected for women of Afghanistan. Later we are these things that are happening, but further screening for explosives. And going to hear from the Women’s Cau- now we have a time or a chance to get then I was asked to voluntarily take cus, a special order. I want to thank in front of this issue of security for our my bag down the corridor, go down an- the Women’s Caucus and the gentle- airlines. How can we get in front of it? other hallway, turn down another cor- woman from California (Ms. SOLIS) for How can we be preventative? How can ridor, and there I would find the ma- initiating that special order, but I we be futuristic? We can pass this leg- chine. I said to the person who gave me chose to speak at this point about the islation, have it in place and secure the those instructions, what makes you same issue. American people and secure the air- think that I would voluntarily if I had Upon seizing power in 1996, the ways for the American people. I hope an explosive in that luggage, volun- Taliban in Afghanistan instituted a we have glaring headlines demanding a tarily, without being escorted, with no system of gender apartheid over the vote in the United States House of Rep- one observing me, walk down the cor- women of Afghanistan. Under the resentatives. ridor and around and in back of this Taliban, women have been stripped of I thank the gentleman for yielding. wall here to voluntarily have my bag their visibility, their voice, and their Mr. INSLEE. We should assure the screened if, in fact, it had explosives in mobility. They are unable to partici- American people, too, that we can give it? Why would I not just decide to leave pate in the workforce, attend schools 100 percent screening to make sure the airport and maybe come back in or universities, and often prohibited bombs are not in the belly of our air- the afternoon when my bag may not be from leaving their homes unless ac- planes and not increase the time it chosen at random for further screening companied by a close male relative. takes to get on an airplane. for explosives? The windows of their homes are often The reason I know that is when you So what we are doing now, at least painted black; and they are all forced think about this, we screen carry-on certainly at Dulles International Air- to wear a burqa, or chadari, which baggage already. When you go through port, is meaningless in my judgment. completely shrouds the body, leaving your little arched magnometer, you We need a law, we need procedures, we only a small, mesh-covered opening put your briefcase or your purse or need standards, we need training, we through which to see. Women are pro- whatever on the machine, it goes need decent pay for these people, and hibited from being examined by male through; and it is x-rayed. That they need to be Federal employees. In physicians while at the same time fe- screens, it depends on what airport you that way, the traveling public can have male doctors and nurses are prohibited are in, maybe 400, 600 passengers an a high level of security and a sense from working. hour. We x-ray hand-carried baggage that we have done all that we can do to Women have been brutally beaten, already. What we need to do is to have make sure that they are safe when publicly flogged and killed for vio- screening for the baggage at the same they fly. lating Taliban decrees. In Kabul and

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.120 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6885 other cities, a few home schools for glad to see things are getting back to and imposed the system now that the girls operate, although they operate normal again in Washington. That is President is trying to bring as a model only in secret. Women who conduct what the President has been calling from Europe and from Israel. these secret classes to educate women for. And so, doing their part, the Demo- Israel has not had a hijacking be- are risking their lives or risking a very crats were very partisan and petty. So cause they have the right system, the severe beating. Many of us watched in I appreciate that. system that the President is trying to horror these circumstances which were I am sorry to say that they are mis- see implemented here in the United documented in the film, ‘‘Beneath the guided. They want to create a new Fed- States. What that system is basically Veil.’’ eral bureaucracy in the airports, and I changes the present system that we Prior to the Taliban control, Mr. for one feel that we should model secu- know has a lot to be desired and Speaker, especially in Kabul, which is rity the way they do it in Europe and changes that system so that the Fed- the capital, women in Afghanistan the way they do it in Israel because eral Government comes in with stand- were educated and they were employed. they have had so much more experi- ards and criteria and even certification Fifty percent of the students and 60 ence with terrorism. And the way to do of those that screen at the airports, but percent of the teachers at Kabul Uni- that is to have Federal standards for that you use employees in a private en- versity were women. And 70 percent of private sector security, not a new gov- tity so that you could get the best school teachers, 50 percent of civilian ernment bureaucracy. work and the best employees to do the government workers, and 40 percent of I would ask my Democrat friends in job. Rush Limbaugh would understand doctors in Kabul were women. The great sincerity, would they want the that, and has understood it and talked Taliban shield their behavior behind Post Office to run the security system about it a lot on his show. claims of a pure, fundamentalist Is- at airports? Certainly not. Because we But, Mr. Speaker, anyone who heard lamic ideology, yet the oppression they all know that the private sector can be the bad news about Rush Limbaugh’s perpetrate against women has no basis far more efficient and effective at ailment and thinks this is a time to in Islam. Within Islam, women are al- doing a job than one more government hang our heads does not know Rush lowed to earn and control their own agency coming out of Washington, D.C. very well and does not understand why money and participate in public life. With this, Mr. Speaker, we are joined his audiences tune in every day. Mr. Speaker, I will be joining my col- by the great man from Arizona, Mr. Rush is not interested in anyone’s leagues who will be following this J.D. HAYWORTH. I want to begin with pity. He wants our passion. He wants evening in recognizing the women and saying: us to succeed. People listen because the girls who have been enslaved and No. 15. If you commit a crime, you’re Rush celebrates the opportunity that stripped of their basic human rights not guilty. America offers to every man and under the leadership of the Taliban. I No. 18. I am not arrogant. woman with a dream and the passion hope that we can raise the awareness of No. 20. There is a God. to achieve it. gender apartheid in Afghanistan and No. 23. The only way liberals win na- He reminds all of us that America is women around the world who are un- tional elections is by pretending the world’s best place to enjoy a happy, able to escape severe poverty, who face they’re not liberal. fulfilling, and meaningful life. Rush ca- an extreme lack of health care and edu- No. 3. No Nation has ever taxed itself joles us all to chase our visions and he cation, and survive day to day with into prosperity. tells us to never give in to doubt, fear constant hunger. No. 4. Evidence refutes liberalism. or failure. In the next few weeks, I will be intro- No. 5. There is no such thing as a Rush has not let go of his dream. He ducing the GAINS Act, which stands New Democrat. arrives at work every morning with the for, the acronym, Global Action and In- These, Mr. Speaker, are among the same passion for his job that he has al- vestments for New Success for Women great gems of wisdom in Rush ways had. He is not going to let a and Girls. I am introducing this legis- Limbaugh’s 35 undeniable truths, and tough break define who he is or even lation because economic globalization we want to be talking about our friend what he does. He is going to work is leaving the world’s poorest women, Mr. Limbaugh tonight. through the problem. He is going to girls, and communities behind. Women I would start by yielding the floor to adapt and overcome it. Rush practices and their children make up more than the majority whip, the gentleman from what he preaches. 70 percent of the 1.3 billion poorest peo- Texas, Mr. TOM DELAY. He urges his listeners to pursue their ple today. Mr. DELAY. Mr. Speaker, I really ap- own passions, to work hard to achieve Because we have not taken adequate preciate the gentleman from Georgia excellence, to overcome life’s problems, steps to implement commitments made bringing this special order on Rush to remember our roots, to laugh at ad- at the United Nations Fourth World Limbaugh, particularly following what versity, to honor our principles, and to Conference on Women in its foreign we saw just right before us, in the spe- an insist on an American vision that policy and international assistance cial order right before us, the Demo- expands opportunity and celebrates programs, we need a template for en- crats out here talking about security freedom. suring the implementation of these im- in airports. Rush Limbaugh, I am sure, What Rush does every day is simply portant commitments. I hope that ev- would have a lot to say in answer to to tell America to roll up our sleeves eryone in this body will join me in sup- what the Democrats were saying. and go about the business of building porting the GAINS Act and also in tak- It is quite amazing to me. I saw one Ronald Reagan’s shining city on a hill. ing steps to improve the lives of mil- gentleman, I believe it was the gen- Rush understands the American spir- lions of women and girls in Afghani- tleman from Mississippi, talking about it, and he urges all of us to live up to stan. we should have the security that they it. He has never dwelled on the depths f enjoy in Israel and in Europe. Actually of the problems that confront us. He that is what the President is trying to has never been susceptible to second TRIBUTE TO RUSH LIMBAUGH do and the Democrats are trying to guessing about America’s role in the The SPEAKER pro tempore. Under thwart. world. the Speaker’s announced policy of Jan- He understands that what a person uary 3, 2001, the gentleman from Geor- b 2130 does after a setback will tell you more gia (Mr. KINGSTON) is recognized for 60 They want to nationalize this sys- about them than anything else. That is minutes as the designee of the major- tem. They do not want to federalize the why Rush’s commitment to continue ity leader. system; they want to nationalize it, his program reminds us of who Ameri- Mr. KINGSTON. Mr. Speaker, I am something Europe tried, by the way. cans are: we do not quit, we do not joined tonight by the distinguished And after just a few years, the hijack- back down, and we do not let go of our whip, TOM DELAY. I want to say, kind ings and the bombings and the threats dreams. of listening to our Democrat friends that came against the airlines coming We need to keep the faith, keep the speaking before we spoke tonight, it out of Europe were so bad that they passion, and keep working to build an was inspirational, Mr. Speaker. I am threw away the nationalized system American society that equals all of our

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.122 pfrm04 PsN: H16PT1 H6886 CONGRESSIONAL RECORD — HOUSE October 16, 2001 hopes and our aspirations. That is Rush ceeding in business, or getting an edu- to the fact that there is an awful lot of Limbaugh. That is the Rush Limbaugh cation, or running for public office, ful- common sense in the American people. that we will continue to enjoy on the filling dreams is important. That is The gentleman from Georgia (Mr. radio. That is the Rush Limbaugh that what makes his excellent broadcast so KINGSTON) mentioned earlier about our understands what true airport security excellent in terms of the excellence in class, the class of 1994, when after 40 and airline security is. That is the broadcast for which he strives; the fact years of wandering in the wilderness, Rush Limbaugh that understands what that America can rise to its dreams, finally the Republicans took control of the conservative movement is all can discuss the difference in ideas, can this House, took control of the Senate, about. That is the Rush Limbaugh that succeed on the playing field, or return and really began to change the Amer- leads us every day in understanding to the playing field to seek success, as ican agenda, and I think for the better. what is good for America. my friend from Georgia identifies with I think Rush Limbaugh was a big part We all applaud Rush Limbaugh for a certain National League franchise of that. what he has done and what he is about from his home State. I remember when we went down to to do. We all are sorry for his afflic- But we salute our friend Rush Maryland, Baltimore; and we had some tion; but at the same time, we all pray Limbaugh. Indeed, Mr. Speaker, the of our programs for new Members, and for him. We thank you for bringing this highest form of praise for me person- Rush came and spoke to us one night. Special Order. ally is really two-fold: number one, to It was a very special night, and we ac- Mr. KINGSTON. I thank the distin- know that in the Almanac of American tually made him an honorary member guished whip. It is exciting to have you Politics, there are those who would of the class of 1994, the majority mak- with us, because I remember when you compare this gentleman with my friend ers. I think he was touched to receive were the minority party whip, and that Rush; and the fact that yesterday on that pin. was before the gentleman from Arizona his broadcast I was mentioned, and the I reminded him that night of some- and the gentleman from Minnesota constituents started to call saying thing I have needle-pointed on my wall (Mr. GUTKNECHT), who has now joined ‘‘Rush was talking about you today,’’ that my wife needle-pointed for me a us, were Members of this Congress. and that is a high honor indeed. number of years ago. It is an expres- They, of course, were part of that great Mr. KINGSTON. If the gentleman sion from Winston Churchill. It is one 104th majority-maker class. will yield, I am wondering now if that of my favorite quotes from Churchill. Gentlemen, I can tell you things were is an economic comparison. I know he It a very simple expression; but I think different, but I will also tell you what is probably the wealthiest talk show it says a lot, and in many respects you already know: Rush Limbaugh host in America. Is there an economic Rush Limbaugh embodies this expres- going out, reaching out to 20 million similarity? sion. He said, ‘‘Success is never perma- very great Americans and getting them Mr. HAYWORTH. Oh, would that it nent; failure is never fatal. The only all excited about the political process were the case, but apparently it has to thing that really counts is courage.’’ helped get you in Washington. do with vocal patterns or some such. If you look back at what happened in I will be honored to yield to the gen- Mr. KINGSTON. I just wanted to be 1994, what Rush did for us, what Rush tleman from Arizona (Mr. HAYWORTH). sure. Because the gentleman knows, did for the American people, what Rush Mr. HAYWORTH. Mr. Speaker, I the gentleman from Arizona (Mr. did for the conservative movement, is thank my colleague from Georgia for HAYWORTH) is very famous on Capitol he gave us the courage to believe that organizing this time and the fact that Hill, and I am sure in the great State we were, in fact, the majority. I think the distinguished majority whip joins of Arizona as being somebody who can it was people like Rush who really psy- us, as does the gentleman from Min- imitate different speakers, which Mr. chologically gave us a huge boost in nesota. In hearing the whip discuss not Limbaugh is also good at, as is the gen- that election and I think began to only our friend Rush Limbaugh, but tleman from Minnesota, who also can change the whole tenor of the discus- also the power of ideas, I think it is imitate Ronald Reagan so well that sion. very important to come tonight in that you think he is still at the Capitol. Much of the debate we were having great tribute, because America is an But I wanted to say on that subject, back in 1993 is no longer even relevant. idea and ideal brought into practice. number nine in the 35 Undeniable That is how far the debate and the dis- As the gentleman from Georgia out- Truths of Rush Limbaugh, Ronald course here in this city and in this lined, as the gentleman from Min- Reagan was the greatest President of country have changed. He was a big nesota and I came to this Congress at a the 20th century. part of that. historic time with a transition in the I yield to the gentleman from Min- So I want to thank the gentleman for majority, I had the privilege during my nesota (Mr. GUTKNECHT). having this Special Order. I have a few campaign to first meet Rush Mr. GUTKNECHT. Well, I thank the other points I might make later. Limbaugh. He came to Phoenix as I gentleman from Georgia and my col- Mr. KINGSTON. I do want to say, was preparing to run for Congress, and leagues and the whip for being here to- first of all, before we go on, number 35 our Suns were playing the Bulls in the night to take a few minutes to pay in the Undeniable Truths, too many NBA championship. The folks from tribute to a very special American. I Americans cannot laugh at themselves Chicago prevailed in that particular think he is very special for a lot of rea- anymore. I think that that is what matchup, quite unlike what transpired sons. Rush Limbaugh has taught us to do. It today in baseball, as the Diamondbacks I remember the first time we were is okay to laugh while discussing poli- defeated the Braves two to nothing. driving through Iowa and we were lis- tics. With that in mind, I want to point Sorry about that to the gentleman tening to WHO in Des Moines, Iowa, out, all three of you have extremely from Georgia. But we had a great visit and this voice came on the radio, and ugly ties tonight. with Rush. at first I sort of said to myself, is this I also want to tell a story. In 1992, Mr. KINGSTON. If the gentleman a joke? But the more I listened, the when I was running for office, 2 years will yield, that was just Southern hos- more I said, hey, finally there is some- before you guys were, I was at a house, pitality, so we do not have to worry body out there who gets it. That was Dr. A.J. Morris’ house, a supporter of about you in the next game. probably at least a dozen years ago. my mine in Vidalia, Georgia; and it Mr. HAYWORTH. Oh, I thought it A tremendous story has been written was a good crowd. I was behind in my was skill. But just one point about it, since then about Rush and his audience election. It was my first time running because the whip talked about this, the around the United States. He did not for Congress. I was getting beat in fact that our friend Rush Limbaugh create that audience. That audience Vidalia, in Toombs County, Georgia, celebrates the dreams and the pursuit was there. They were desperately look- where the delicious Vidalia onions that of excellence by individuals, that he ing for somebody who got it, someone feed the entire world and are the envy recognizes that America is made up of who thought the way that they did; of all farming, they are all grown seemingly ordinary individuals who and I think it is a tremendous tribute there. have been called upon to do extraor- to him that that audience has contin- But I said to Dr. Morris, I said have dinary things, and whether it is suc- ued to grow, and I think it is a tribute you ever heard Rush Limbaugh? He

VerDate 11-MAY-2000 05:38 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.124 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6887 said no. This was 1992. He said I never Arizona, and you could hear the Con- Rush held up all of the things we were heard of him. I said he is great. He is tract with America. doing with the status quo system, that was architected by liberals and that this conservative talk show host, he is b 2145 funny, he is entertaining, very much was held up in a vary serious and pro- on the edge. He does not just talk. He You could hear the Contract With found manner with their media sup- has Paul Shanklin come in and do America. You could hear from Rush port, and people began to understand these parodies and he talks in strange Limbaugh the evaluation of what was that literally the king had no clothes. words like ‘‘dittoheads,’’ or that is going on in Washington and what he They were able to look at a school sys- what his fans call him, all kinds of dreamed of happening if, by whatever tem where the Federal education dollar things, and he gives updates of dif- chance in 1994, we actually gained the sent to Washington, D.C. resulted in ferent liberal groups and homeless up- majority. All over this country, wher- about 25 cents going back to the class- dates and so forth. ever I went, I went to 85 to 100 different room. They were able to laugh with So I actually got my little handheld districts in 18 months, and everywhere Rush when he pointed out when we recorder, and I recorded on my car the we went people were talking about were trying to reform welfare that the next Rush Limbaugh show, and I sent Rush Limbaugh, what he was talking average welfare recipient was on wel- it to A.J. Morris out in Vidalia. I live about, what we could do if we had the fare for 13 years and Rush wondered if in Savannah; Vidalia is about 60 miles majority in this country, and what we maybe that was not quite a while for a away. He said this is great. I sure wish have been able to do is a tribute to guy to be able to go down and get the we could get him here. Rush Limbaugh. All the wonderful want ads in the local newspaper. Rush Well, that was in 1992. Now he is on things: The balanced budget, the tax took all of these aspects of government 600 radio stations; and of course, he is cuts, the welfare reform; I could go on and he held them up to the American all over the airwaves, not just in and on and on, all the wonderful things people and he did it with humor. I Vidalia, Georgia, but all over. we have been able to do because we think to get the attention of the Amer- But the reason why I think that is have had a majority, particularly in ican people, one needs to give them a important is because where I think the the face of a President that fought us little humor, and he did that so effec- conservative movement really turned every step of the way while he took tively. So he entertained us, but the inter- in 1994 was that air attack led by talk credit for everything that we did, but esting thing is he always entertained show host Rush Limbaugh, which en- we had a voice out there and that voice us with fact, because his facts with re- abled the infantry, led by TOM DELAY, was sending our message loud and spect to what he called the ‘‘liberal flying all over the country, going into clear. welfare state’’ were much funnier than your district and your district and get- The best part about it was, and we any fictitious system that one might ting the ground troops motivated, and sound like Rush Limbaugh was our think up or any sitcom on television. Mr. Leader, if you can tell us about campaign manager; Rush Limbaugh did So he made the American people look those days? not take his direction from us, he was at Washington, D.C. and made us laugh Mr. DELAY. Thank you for yielding, the standard by which we ran. He was setting the standard for conservative at ourselves first. because as the gentleman from Min- When we saw what we built up as we thought. He understood what the nesota was talking about his experi- advanced towards socialism and we American people dreamed about and ences in 1994, it revived some memories were able to laugh at ourselves and re- could implement, and he understood of my own when the leadership of this flect on the error of these programs, we that the only way that that could hap- House in the minority come about in then got creative and we came up with pen is if the Republicans took the ma- 1991 or 1992 decided for so many years reform for the welfare system, and we the minority had acted like a minority jority in the House of Representatives came up with ways to reduce that edu- and it was time to act like a majority. and in the Senate. He played a huge cation rake-off in Washington, D.C. That was inspired by Rush part in what happened in 1994 and, where 75 percent of every education Limbaugh. Even though he was not on thereby, played a huge part in all of dollar was pulled off the top by govern- all the stations that he is on now, we the successes that we have been able to ment, by very wise people. I thought knew of Rush Limbaugh. He was tell- do over the last 7 years. that on one of Rush’s shows, he pointed ing us to act like a majority, under- So again, Mr. Speaker, we owe so out that you have the same people fly- stand what you believe in, stand up for much to Rush Limbaugh. This country ing from our districts across the coun- your beliefs and have passion in it, and owes so much to Rush Limbaugh. We try, educators, and asked the question, work for it and work to get the major- can never thank him enough. do people gain an IQ because when they ity; and we came together and we Mr. KINGSTON. Mr. Speaker, I cross the Mississippi River, and the started strategizing to get the major- thank the gentleman. same guy that might be spending 100 ity. We are joined also by one of the great cents out of that education dollar in It came to about 1993, going into 1994, Republican pioneers in the dark days of Minnesota or Michigan or Georgia or the election of 1994; and we came up the minority wilderness, the gentleman Arizona or California, is he any smart- with this idea called the Contract with from California (Mr. HUNTER). I wanted er once his aircraft crosses the Mis- America, which told the American peo- to give the gentleman undeniable truth sissippi River and he glides into Wash- ple what we would do if we got the ma- number 32, since the gentleman is from ington and now he is going to tell us jority. I am glad to say that over 70 California. The Los Angeles riots were how to spend that money from his percent of that Contract with America not caused by the Rodney King verdict; perch in Washington, D.C. instead of is law today, and we got most of it in the Los Angeles riots were caused by having local government do it back in the first year or two that these two rioters. our respective States. gentlemen gave us the majority. I yield to the gentleman from Cali- So Rush Limbaugh was a guy who But during that time, especially that fornia (Mr. HUNTER). first I think got the attention of the election of 1994, obviously the national Mr. HUNTER. Mr. Speaker, that is a American people by entertaining them media, the Washington media, did not great lead-in. I thank my colleagues a little bit, and then they realized that pay much attention to us. We did not for letting me participate. all of his one-liners were based on facts try to ignore them; we just bypassed I am reminded that Rush Limbaugh and they realized that the facts de- them. taught the American people to laugh at scribed their government. So then we We went straight to Rush Limbaugh Washington, D.C., and the self-right- got creative and did something about and many other conservative radio eousness of the liberal program was it. So I thank my colleagues for letting talk show hosts all over the country. something he just delighted in shred- me come down and join with these And you could be driving up into the ding. He made us think and be creative. great Americans, with all of my col- lakes of Minnesota, driving for 3 or 4 The gentleman from Texas (Mr. leagues, and talk about Rush a little hours to get to that ice cream social DELAY) just said we came in and did a bit. where 10 people showed up to support lot of things, but we did that with the Mr. KINGSTON. Mr. Speaker, I would one of our challengers, or driving into support of the American people because say to the gentleman from California

VerDate 11-MAY-2000 05:39 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.126 pfrm04 PsN: H16PT1 H6888 CONGRESSIONAL RECORD — HOUSE October 16, 2001 (Mr. HUNTER) that we are always glad mony to those who willingly engage in ualism and self-reliance which made to have him with us and anybody who those ideas, to those who champion the America great. Another is character is a conservative from California we delivery of those ideas over the air- matters; leadership descends from have to treat as an endangered species waves, on the Internet, and typify what character. Finally, there is something anyhow. We always have a program for de Tocqueville first found about Amer- wrong when critics say the problem the gentleman, okay? ica, that America is great because we with America is too much religion. Mr. Speaker, I yield to the gentleman are good, and that we can be of good- What Rush Limbaugh really did is he from Arizona (Mr. HAYWORTH). will and disagree, and that yes, it is talked about the time-tested values Mr. HAYWORTH. Mr. Speaker, I perfectly within the realm of public ex- that are America. In many respects, he thank the gentleman from Georgia. I perience to be frustrated, to step back just continued to refresh our memories think back to those days in 1994 when and take not so serious a look, but about what Ronald Reagan talked the gentleman from California was when there is a time of national need, about all of his political career. He kind enough to pay a visit to his neigh- we can rally because the people, we talked about those time-tested values boring State, and to hear the whip and have this affinity for the freedom we such as faith, family, work, thrift, and to hear our friend from Minnesota talk celebrate in free and open debate. personal responsibility. Those are the about those days has been very inter- Mr. HUNTER. Mr. Speaker, if the cornerstones. Those are the basic esting indeed. gentleman would yield on that, too, I building blocks upon which this great As I was listening to the remarks, I think that one thing that Rush American culture is built. It really is am reminded that another great war- Limbaugh did, he was a great leader those things that he talked about time leader who went on to become with respect to ideas, very creative. again and again and again and helped President of the United States, Dwight But I think also like a lot of other us refocus on what is important in this David Eisenhower said, always take great radio talk show hosts, I think he country. He used humor, he used facts, your job, but never yourself seriously. developed a lot of his ideas by listening he used quotes; he listened to the How appropriate, how descriptive that to people. There is a great difference in American people, but he put into words is of our friend Rush Limbaugh. But this country between the guy who is on what a lot of people were thinking. I how important that philosophy is now the 20th story of a building in a news- think that is why he has such a big au- in another hour of national need. paper office, an editor who decides dience and I think it is also why some We rejoice in the fact that we can what is going to be written the next of the media elites in this city and in bring different approaches and seek day, who is separated from the people New York and in other big cities were practical solutions from different phi- by three or four electronic doors, a set so envious and so angry originally. losophies and, Mr. Speaker, we would of elevators, lots of security guards, Now they have come to accept Rush. be remiss if those who follow this hour, and expounds on what he thinks Amer- But originally they were so angry and this Special Order, would think that ica should do based on his education, they were so angry because all of a sud- everything we do is rubber-stamped or his background, and the people he may den they did not have a monopoly any- met with complete approval by our talk to when he goes to lunch. more. friend in radio. The fact is that is not A radio talk show host takes that b 2200 the case, nor, to borrow Mr. Jefferson’s call from Joe on a cell phone in a car phrase, in the course of human events and Joe, who is driving home from It used to be there were three net- will it ever be the case. work, who may be a plumber or he may works on television. There were maybe So we celebrate the fact that we can be a high-tech guy, may have a great four, five, six large newspapers around have differences of opinion, not only idea in any given area, and he is able to the country. They basically controlled within the conservative movement, but transmit that idea and get some feed- what people learned about what was in this Chamber, yet in this hour of na- back from Rush Limbaugh, and I think going on in Washington and around the tional need we unite for a common Rush Limbaugh has resonated, not just world. goal, celebrating legitimate dif- led America, but I think he has learned But then along came people like ferences, understanding that the ex- a lot from Americans, as most talk Rush, and all of a sudden he democra- change of ideas, whether in this Cham- show hosts do. tized the media. Everybody could par- ber or over the airwaves, is the key to Mr. KINGSTON. Mr. Speaker, is the ticipate. All of a sudden, they did not our dynamism as a constitutional re- gentleman suggesting that he did not have to rely on just a couple of large public. get all of his wisdom by listening to newspapers and three networks. All of Indeed, the fact that our friend Rush National Public Radio? I am shocked. a sudden, there was a wealth of infor- brought and continues to bring a dif- Mr. HUNTER. Mr. Speaker, I think it mation coming at them, and things ferent way, a somewhat irreverent is very possible that he got his wisdom that they did not see on the nightly way, of reviewing the day’s news has from the American people, and I think news were talked about on Rush led to great citizen participation, both he got a lot of it just from everyday Limbaugh. It made all the difference. part of the conservative movement and folks who, in many ways, are a lot Mr. Speaker, in 1994 when I first came to those who might seek another way. In- smarter than a lot of the folks in this Congress, Rush Limbaugh had recently pub- deed to the point, Mr. Speaker, I re- city. lished a list of 35 Undeniable Truths. A couple member upon our election to this Mr. KINGSTON. Mr. Speaker, I think of my favorites are more appropriate than Chamber, one of the leading news mag- there is a lot of wisdom on the street ever. azines actually ran a cover story citing and I know one thing, that Congress- ‘‘There is a distinct singular American cul- the dangers of hyperdemocracy, as if men do not become veterans without ture—rugged individualism and self-reliance— Americans being involved, giving voice listening for that wisdom and trying to which made America great.’’ We are still a to their concerns, taking time to be in- bring it to Washington instead of try- people of individual characters who, together, volved in any political movement, re- ing to bring Washington’s wisdoms make up the rich fabric of a nation. As we gardless of their personal philosophy, home. have united together during this time of na- taking the time to care, as if somehow One thing that Mr. Limbaugh had ob- tional tragedy, we will continue to demonstrate that were wrong. served about Congress under novel the ‘‘can-do’’ attitude which has carried us What we have seen with the rise of truth number 25, follow the money. each, through personal challenges. Knowing the new media of which our friend Mr. When someone says it is not the Rush, this rugged individualism will carry him Limbaugh is part of the vanguard, talk money, it is all about the money. through as well. radio, the Internet; the fact, Mr. Mr. Speaker, I yield to the gentleman ‘‘Character matters; leadership descends Speaker, that Americans and indeed from Minnesota (Mr. GUTKNECHT). from character.’’ Thomas Paine when writing citizens of the world can see these Mr. GUTKNECHT. Mr. Speaker, I during the birth of our nation said, ‘‘These are words transmitted instantaneously, thank the gentleman for yielding. Of the times that try men’s souls.’’ Our Founding that friend and foe alike internation- some of my favorite undeniable truths, Fathers tested their character and produced ally understand that we believe in the here is one. There is a distinct single amazing acts of leadership. The character of power of ideas, that is the best testi- American culture, rugged individ- our President and Congress are being tested

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00106 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.128 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6889 and we have pulled together to defeat ter- it is like playing tennis without a net. Colorado legislature. We talked about rorism. Rush Limbaugh’s character will con- You have to have somebody who will politics all the time, and had these tinue to uphold the leadership he provides banter with you. great family arguments. every day to millions of listeners. He told all of us, conservatives and He asked about this talk show host. I ‘‘There is something wrong when critics say liberals, get off the bench, get down in said, Gee, I have never heard of him. the problem with America is too much reli- the arena and engage in the debate. The next day we happened to be in the gion.’’ Clearly the past month has dem- I know the gentleman from Arizona car and Limbaugh was on the radio onstrated that America’s faith in God has been (Mr. HAYWORTH) wants to speak. I there, WLW in Cincinnati. I remember the mainstay which has supported us in our would ask the gentleman to introduce listening, and wherever we were going, grief and in our action to secure a terror-free our friend, the gentleman from Colo- the rest of the family got out of the car future. Faith will also see Rush through his rado. He has a decent-looking tie on, and went in to go shopping or whatever personal challenge as well. but I know people will not be able to they were doing, and I stayed there in He talked about Time tested values—faith, notice, he is wearing some of the that car listening to Rush Limbaugh family, work, thrift, and personal responsibility. ugliest shoes that have been on the for about another hour, just fascinated, I have no doubt Rush Limbaugh will over- House floor in the history of the U.S. not only with Rush’s treatment of im- come this temporary adversity and continue to Congress tonight. I think he came portant issues that we deal with, that shine as a bright star in the broadcast realm. slushing through the mountains of Col- the country deals with and all citizens I’m looking forward to the next show. orado to join us, and we appreciate do, but the way he managed to accom- Mr. HUNTER. Rush Limbaugh and that. plish that within the context of good- others like him introduced into the na- Mr. HAYWORTH. Mr. Speaker, par- natured humor. He had really done tional forum something we did not liamentary inquiry: Does the gen- that well. have when we had the three networks tleman from Georgia hope to open one I was not even imagining at the time and the big newspaper chains, and that night for Jerry Vale? I did not know he the impact Rush Limbaugh would is called debate. Rush Limbaugh would was going to insult comedy. have, not only on me but on my com- debate with people who called him up. But I would seize the opportunity munity. I live in Fort Collins, Colo- Whether they called him from a phone from the gentleman from Georgia to rado. A couple of years after that event at work or from home or on a cell- introduce a fellow Westerner who or after that Christmas, Rush phone, he would debate with people. He joined us following the 1996 elections. I Limbaugh came to Colorado. A few sta- was not afraid to debate. would introduce him with this note. I tions ended up picking up Rush. The idea that somehow if one’s ideas know that every Monday in his district There was a young man, a college are better than the other guys, they he goes to great pains to bring together student from Colorado State Univer- should be willing to take him on, that people for a breakfast town hall. sity, who called the Limbaugh program is the American way. Yet, it did not As I was hearing the gentleman from who lived in Laporte, Colorado, next exist in the media, as the gentleman California and the gentleman from door to Fort Collins. His name was from Minnesota has stated. We had a Minnesota and the gentleman from Dan. I remember this well because he couple of nightly news anchors who Georgia relate, what happens on talk wanted a copy of Rush Limbaugh’s would tell us the way it was. If we radio, what we celebrate with Rush monthly newsletter. heard a President make a speech, we Limbaugh and hosts of all different ide- Limbaugh says, Well, you have to would see the President, but we would ological backgrounds, is the notion buy it. Dan says, I am a college stu- not hear him; we would see the image that we in essence have a town hall of dent. Why don’t you just give it to me? of the President making the speech, the air. And Rush gave him this lecture about and the voiceover from the anchor In our congressional districts we working hard and earning the things would tell us what the President said have town halls. The gentleman from that you really want to obtain in life. and why it was right or wrong. Colorado (Mr. KINGSTON) has one. He This newsletter was obviously an im- That was it. That was our informa- makes this a staple every Monday portant thing, and no American citizen tion for the night. morning on his schedule. should go without it, so he challenged I have to say, Rush Limbaugh has a Mr. KINGSTON. Mr. Speaker, I yield Dan to raise the money to buy the lot of great colleagues out there who to the gentleman from Colorado (Mr. newsletter. think a lot of him. I know Mike SCHAFFER). I remember Dan saying, I am a stu- Reagan thinks a lot of him and does a Mr. SCHAFFER. Mr. Speaker, I ap- dent. What am I supposed to do? And great job; Oliver North, another guy preciate the gentleman for yielding, Rush said, I do not know; hold a bake who does a wonderful job; in San Diego, and also for the introduction. I thank sale. So Dan on the air says, well, if I there is Mark Larson; and of course, the gentleman for the introduction, hold a bake sale, will you show up here Roger Hedgecock, friends of Rush but only because it is polite. to Fort Collins and help me sell my Limbaugh. I appreciate the gentleman men- cookies and bread and whatever else we People who like Rush are willing to tioning my tie here. Quite literally, I sell? And Rush said, Well, I might. have somebody call up on a cell-phone, had left for the evening and thought I Well, it was just a few weeks later offer a different point of view, and take was done for the day and changed this thing started gaining momentum. them on and have a dialogue. That is clothes, and then I heard the gen- We scheduled Dan’s bake sale in down- how we develop ideas in America. tleman talking about Rush Limbaugh, town Fort Collins. As we got closer and Mr. KINGSTON. Mr. Speaker, I ap- and I ran back over here, borrowed a closer to the event, the law enforce- preciate the gentleman bringing that tie from a staffer so that I could meet ment and the city started realizing we up. Ten years ago, there were some- dress code here on the floor, and threw needed to plan for more than a simple thing like 200 talk shows in the coun- the coat on. So I want to apologize to bake sale. People were coming from all try. Now there are over 1,000, and the my mom first, who is one of Rush’s big- over America. In fact, they were com- listening audience is something like 15 gest fans. ing from around the world to Fort Col- percent of the radio market. Rush Mr. HAYWORTH. Mr. Speaker, the lins to be part of Dan’s bake sale. Limbaugh and all of his friends have gentleman should take responsibility So I hurried up, as a young politician made it a common staple for some- for his own actions. That is something in the Colorado Senate, and I went and thing like 40 million to 50 million we are taught. got my booth space reserved, because I Americans on a steady basis who use it Mr. SCHAFFER. I first heard about figured I should be there. It was an to get their news, not just entertain- Rush Limbaugh I do not know how event to behold, let me tell the Mem- ment. many years ago. I was in Cincinnati, bers, for those who did not have the We have all been on the Ellen Ratner Ohio. We were there for Christmas vis- chance to be there. People did come show, Blanquita Cullum, Alan Nathan, iting with family, and my brother-in- from all around the world. Neal Boortz, Sean Hannity, Alan law asked if I had heard about this In fact, if people are familiar with Colmes. As Rush said, if you do not radio talk show host who was conserv- Colorado, there is only one highway have someone who disagrees with you, ative. I was a State senator from the that goes north and south, and that is

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.070 pfrm04 PsN: H16PT1 H6890 CONGRESSIONAL RECORD — HOUSE October 16, 2001 I–25. The traffic comes from Denver up do with the attitude and values and be- I ask Members to think about it. In to Fort Collins in the north part of Col- liefs that I have taken to the political the multiyear conflict that was the orado. Traffic was backed up for 7 battlefield with me and won a lot of American war of independence, fatali- miles way out on the highway back to victories. ties for the new United States of Amer- Denver trying to get off the highway to It is a compelling message: a message ica were a little over 4,000. In 1 day, we come into Fort Collins. for America, a message for America’s lost an estimated 6,000 to 7,000 of our The amazing thing was the way the future. It is a message that is one of fellow citizens, not to mention workers media treated this, because they tried hope. I, like all Americans, was very from around the world who came to to downplay the whole thing. In fact, sad to hear about Rush’s loss of hear- this free society. the next morning the front page of the ing, but I know that the power of ideas To absorb that type of attack as a Fort Collins newspaper showed a pic- is more important than that. Still people but to stand up, roll up our ture of a little petunia that was in a Rush’s appeal to the American people I sleeves, and with American resolve, flower planter that was bent over, and think is going to continue to get whether we are Republicans, Demo- said, ‘‘Rush Limbaugh came to town. stronger. crats, Independents, Libertarians, Look at this dead flower, it got I appreciate all of the Members being vegetarians, to move forward with a crushed.’’ here tonight and leading this special commonality of purpose, I think is Meanwhile, the real story went un- order, and giving America and our- something that has been mirrored in a told in that paper, but could not be selves a chance to talk a little bit personal way for our friend, Rush. concealed from just the massive num- about one voice out there in America He put it in perspective because he bers of people who showed up in town. that is leading toward America’s great- suborned his personal challenge to the The media went through the effort of ness. need confronting America, and re- trying to downplay the numbers of peo- Mr. GUTKNECHT. If the gentleman vealed to us, almost in passing, the na- ple who were there. will yield further, I could just close, ture of his hearing affliction; the fact Rush flew in on a helicopter. There Mr. Speaker, I want to thank all the that efforts are being made to restore gentlemen, and particularly our col- were so many people that we could not that. drive him in. The sheriffs brought him league, the gentleman from Colorado. I But whatever the future may hold, it remember that story, but I did not live in, escorted him in on horseback with paled in comparison both to the accom- it the way the gentleman did. We fol- the sheriff’s posse there. He got up and plishments of the past and the require- gave a rousing speech. Dan not only lowed it on the radio. I would just say that Rush is going to ments, the necessity, to unite as a peo- made enough money to buy the news- keep going strong for many, many ple for what we must do in the imme- letter, but paid for the rest of his col- years to come. The power of ideas is diate future. lege education at the bake sale. stronger than anything. I have no 2215 I wrote Rush Limbaugh a letter that b doubt that Rush is going to overcome next day and faxed it out to him. I There is no way to calculate or to this adversity, and we will see and hear wrote about what an important event quantify the value of rallying together from him for many years to come. as Americans, even as we agree to dis- that was. It was all fun, it was all en- There is an old German expression. tertaining, but people gather around agree, perhaps on how best to achieve My German is not that good. It is victory, on how best to meet the fu- sports in America, we gather around something like this. (Expression in our kids, we gather around all kinds of ture, on how best to set our priorities. German). It translates to ‘‘That which Rush Limbaugh, in his town hall on music, arts, culture, lots of entertain- does not kill me only makes me strong- ment. But to see people come from far the air, on a daily basis, with the big- er.’’ gest radio audience on a sustained and wide to meet and rally around poli- He may have lost his sense of hear- basis we have seen in our history, gives tics, about civic participation, about ing, but he has not lost his perspective, voice to the notion that we can achieve patriotism, was something that I think he has not lost his voice, and he has really says what Rush Limbaugh is all not lost his keen interest and attention our dreams; that we can endure our about, and the reason so many lis- to the American body politic. I think setbacks; that we can meet tomorrow teners tune in to Rush Limbaugh every as long as he has those, he will con- confident that we can be stronger and day: this simple notion that we are all tinue to be that voice of common this Nation can be better than it was in in charge of our country. sense, of reason, of traditional Amer- the past. His challenge to us as individuals and ican values. Cheerful persistence and eternal opti- as citizens is to hold our politicians ac- I salute him tonight. I look forward mism, not the optimism of the cock- countable and to participate on an in- to many years of listening to his pro- eyed, but the optimism of the realist, dividual level; to become knowledge- gram, and most importantly, I look that is what has always propelled able about our history, about our phi- forward to listening to the next show. America to greater times and better losophy, about our future, and to be op- Mr. KINGSTON. Mr. Speaker, I days. timistic about it. thank the gentleman from Minnesota Eisenhower said the hallmark of a I wrote all that into a letter, and for joining us, and I yield to the gen- leader is to be optimistic. Reagan said talked about how the liberals were baf- tleman from Arizona (Mr. HAYWORTH). America’s greatest day is still way fled. I sent that letter, and figured I Mr. HAYWORTH. It has been inter- ahead of it. Rush Limbaugh, like him would never hear anything. The next esting during this allotted time on the or loathe him, agree or disagree, gives Friday evening, I will never forget, floor of the United States House of voice to the same type of vision, and at Rush Limbaugh had a TV show that Representatives, Mr. Speaker, to re- this hour, in this place, at this time of came on usually late in the evening. flect on an American original, and to national need, we pause from our tradi- The networks tried to bury that in the realize that the success which our tional debate to celebrate the achieve- middle of the night so nobody would friend, Rush Limbaugh, has met with is ments of one who encourages so many watch it, but it came on in Fort Collins because, like many other great Ameri- achievements among all of us. Not a around 11 o’clock at night. cans, he has been able to tap into the celebration per se of political party or My wife and I were sitting there. I interaction and the free flow of ideas conservative doctrine, but an outlook was laying on the floor watching Rush. and expressions that Americans have on life that inspires involvement, that He read my letter on the air. Then he long championed. gives voice to the very essence of what put it in his book, too, The Way Things As we find ourselves in the midst of it means to be an American. Ought to Be book, as well. difficult days, indeed, what could fairly That is the idea, that is the ideal be- As one who has driven across a pretty be described as a battle for our very hind EIB, Excellence in Broadcasting; big State with long distances between survival as a nation, literally, we take and it is not a far stone’s throw from rural towns, I have spent a lot of time stock of the fact that 1 month ago vis- the ideals that created this constitu- in the car with Rush Limbaugh, listen- ited upon us was an attack so das- tional republic, what Catherine Drink- ing to his perspective on optimism and tardly, so horrible that it eclipses the er Bowen called the Miracle at Phila- about America. It has an awful lot to losses in our own Revolutionary War. delphia, that gave us as mere mortals

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.132 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6891 and humans, despite our many imper- When he treats issues the way he Our founders had the great and good fections, a remarkable form of govern- does, with passion, with humor, with sense in that poetic and yet very prac- ment where we celebrate individual sincerity and with a great degree of se- tical preamble to our Constitution to achievement and out of many form one riousness, too, it does inspire his lis- start with three special words, ‘‘We, united in purpose for national success tening audience to react in a very re- the people.’’ Not it, the government or and for the survival of free men. sponsible way. Many of the letters we us, the politicians, but we, the people. Mr. KINGSTON. Mr. Speaker, re- receive in our office, many of the phone And so tonight we take time to cele- claiming my time, I yield to the gen- calls, many of the people who show up brate a special person who encourages tleman from California (Mr. HUNTER). every Monday morning at my town others to understand their special role Mr. HUNTER. Mr. Speaker, I thank meeting, they come and they bring in this special place that we call home the gentleman for yielding. issues or perspectives, and how many and the rest of the world calls America. I want to thank everybody for their times have we all heard, ‘‘I heard this Mr. KINGSTON. Mr. Speaker, I wonderful tribute to Rush, and I would on the Limbaugh show; I heard Rush thank the gentleman from Arizona just observe that 30 years ago people talking about this issue or that issue; (Mr. HAYWORTH). used to get their news and spend a lit- Congressman, is it really the case back In closing on our friend, Rush tle time thinking about America and there in Washington.’’ Limbaugh, who is so involved leading thinking about the surroundings and He has inspired so many citizens to the way on the conservative cause, we our democracy and reflecting on this become personally involved in this appreciate all the good work that he is country seated at their breakfast table process and in this city all across the doing. And the doors are always open. or local coffee shop or at some other country that it is a remarkable legacy If he ever wants to take advantage of place. And Rush Limbaugh ushered in that has done more than just provide his status as an honorary member of an age in which Americans read their entertainment, which is clearly impor- the 104th freshman Republican class newspaper, not by picking up a paper, tant, provide more than just a success- and actually attend one of the gentle- but by turning on a radio dial, whether ful enterprise of a radio program from man’s meetings, please be sure to let at their place of work or in their car, a business standpoint. It really has in- everybody know because I think a lot where we all spend a great deal of time spired the best of America and re- of people would like to receive him on both sides of the aisle because he has now, and Americans transferred that minded Americans of what it is we won the heart and the respect of lib- important time in their daily lives, stand for as a Nation and what our in- erals and conservatives alike. when you really reflect on who we are dividual responsibilities are as citizens. and where we are going, from the writ- I, too, from the bottom of my heart, GENERAL LEAVE ten media to radio, to the media where I want to express to the House my Mr. KINGSTON. Mr. Speaker, I ask you actually could hear a thought pro- thanks and gratitude for what this one unanimous consent that all Members pounded and then hear an answer or an leader has accomplished for the coun- may have 5 legislative days within argument or another idea to come back try and how his inspiration has really which to revise and extend their re- from somebody who called into that provided encouragement. And I mean marks. The SPEAKER pro tempore (Mr. SIM- station. that in the ultimate sense of that MONS). Is there objection to the request So that is how we read our news- word, has helped impart courage on so paper, largely as a result of Rush of the gentleman from Georgia? many people to stand up at the town There was no objection. Limbaugh. To Rush Limbaugh I say, it meetings and challenge the old ideas Mr. TIAHRT. Mr. Speaker, I rise today to has been a great read. that we know have failed, that have in- pay tribute to a man who has faithfully served Mr. KINGSTON. Mr. Speaker, I spired so many of us to run for office this great country as a voice for democracy thank the gentleman. To the gen- and not be afraid to stand in a room and freedom for the American people. Rush tleman from Colorado (Mr. SCHAFFER) I full of left-leaning opponents and stand Limbaugh’s listeners—both conservative and would say that we have got about 5 up and talk about the truth and simple liberal—know him as the ‘‘Dr. of Democracy,’’ minutes. observations and win these arguments the ‘‘Truth Detector,’’ the ‘‘Voice behind the I guess what I want to do is remind and these debates on important causes Golden EIB Microphone.’’ our listeners that there are four great at important points in time in our po- His daily radio broadcasts attract 20 million books that they can read for further in- litical battles back home. listeners every week, giving him rights to the formation: The Way Things Ought to Rush has accomplished quite a lot so claim as the most-listened-to-talk radio host in Be; See, I Told You So; The Way while his hearing may be somewhat im- the world. Things Are Not, Rush Limbaugh’s paired at this time, the American peo- I personally want to commend this American Reign of Error; and Sometimes You’ve ple are listening and tuning in and patriot who has dedicated his life to the cause Just Got to Laugh. Remember, that Rush just needs to keep talking. of educating the American people about the the proceeds will all go directly or in- Mr. KINGSTON. Mr. Speaker, I am principles of democracy. Whether you agree directly to benefit an oppressed con- confident that he will be. or disagree with Rush politically, you have to servative in a university near you Mr. Speaker, I yield to the gentleman admire the depth of his political articulation someplace, somehow. from Arizona. and analysis—packaged in three hours of I yield to the gentleman from Colo- Mr. HAYWORTH. Mr. Speaker, how radio excellence. Mr. Limbaugh’s brilliant use rado (Mr. SCHAFFER). fitting it is to get a time cue from the of satire, humor and witticism to convey funda- Mr. SCHAFFER. Mr. Speaker, I ap- gentleman from Georgia (Mr. KING- mental principle are a testimony to what he preciate the gentleman yielding once STON) knowing how important time is calls, ‘‘talent on loan from God.’’ more. to the medium of radio and of broad- Rush has been an inspiration to the Amer- I just want to remark on the impact casting. But there are timeless truths ican people for more than a decade on the air- that I think Rush has had on our con- to which we all subscribe and that is waves of AM radio. His boisterous com- stituency because if you listen closely, what we celebrate here tonight. Not mentary reaches one of the most diverse radio as I have over the years, Rush never the fact that our friend faces adversity. audiences ever. Farmers, nurses, construction suggests his audience pick up the Not completely the fact that many of workers, mothers, military personnel, bankers, phone and call their Congressman. We us have met with political triumph chefs, manufacturers, rich and poor, left-wing hear a lot of talk show hosts that will based on his encouragement. Not the radical liberals and right-wing conspiracy theo- rally around the cause and say these fact that now in an hour of national rists all tune in every afternoon to hear Rush’s people in Washington just do not get it, need we must rise again with the eter- clever voice for three solid hours. pick up the phone, call. He has never nal optimism that has been part of the I know of no other person who is able to ar- done that, but his listeners do it, and American experience, but just to un- ticulate his opinions and thoughts with as they do it because of the overall sug- derstand and give thanks for the three much passion as Rush. I am continually gestion and message that, as I men- words that epitomize not only EIB and amazed when I listen to the Rush Limbaugh tioned before, that Americans are ulti- the whole dynamic of talk radio, but Show. Most radio hosts have a remarkable mately in charge of their own country the essence of our constitutional re- level of professional skill just to gain an audi- on an individual by individual basis. public. ence. But Rush has achieved a standard of

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00109 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.134 pfrm04 PsN: H16PT1 H6892 CONGRESSIONAL RECORD — HOUSE October 16, 2001 professionalism that has surpassed all expec- they are forced to be covered in a in their shrouds, almost held by chains tations. Every day he manages to discuss shroud which is known as a burqa. up against a tower that looks like an fresh and bold topics. He never tires. Mr. Speaker, I have with me this area where praying goes on. These are With ‘‘half his brain tied behind his back,’’ evening a sample of what the women in some of the vicious kinds of things Mr. Limbaugh is proving to the world that Afghanistan have to wear, this burqa that these women are seeing and feel- when you have a dream and are dedicated to that covers their body. If we look ing, actual real-life incidents that are achieving that dream, all things are possible. closely, we will see that there is a sec- occurring in Afghanistan. Rush has shown us all that when you live in tion here about 3 inches wide that is Despite these repeated condemna- America, you are able to achieve anything you kind of a filtered material that allows tions of the Taliban actions by the set your heart to accomplish. Rush has re- these women to see through this international community, little has cently encountered new challenges with the shroud. She must wear this every time changed in Afghanistan; and millions loss of his hearing. But because of his deter- she leaves the home and goes out in of women and children, innocent peo- mination and spirit of adventure, he has cho- public. And if it is 100 degrees or 110 ple, caught in the crossfire of the sen to remain seated in the throne behind that outside, she must wear this and have Taliban’s artillery have fled to the out- golden EIB Network microphone. In doing so her body fully covered. If she does not, skirts of Afghanistan to refugee cav- he personifies the American spirit he has en- then she is faced with perhaps a public erns in Pakistan, where disease and couraged us all to embrace. beating and even in some cases with starvation run rampant. I commend Rush for his encouragement to death. Despite the fact that we have air- dropped more than 100,000 food rations me and all Americans to never settle for sec- b 2230 ond best, but to strive for the higher mark. I in Afghanistan, international relief or- ask my colleagues to join me today in paying This garment is hot, as you can tell. ganizations are repeatedly warning us a special thanks to Rush Limbaugh as a great It is restrictive, and it is difficult to that these military food drops fall too American. see. In fact, some of the women who short of fulfilling the need. Part of the have to wear this burqa cannot see, or f problem is that we are not sending do not have any peripheral vision; and enough food. And although the admin- SUPPRESSION OF WOMEN IN countless women and girls have been istration has pledged $320 million in AFGHANISTAN known to have had traffic accidents in humanitarian relief efforts to Afghani- The SPEAKER pro tempore. Under their cities because they simply cannot stan, the United Nations estimates the Speaker’s announced policy of Jan- see where they are going. In fact, the that it will take $584 million to see Af- uary 3, 2001, the gentlewoman from Taliban regime is so wary of women ghanistan through the long cold win- California (Ms. SOLIS) is recognized for that it has ordered that publicly-visi- ter. one-half of the time until midnight. ble windows where these women live be We need more help from the inter- GENERAL LEAVE painted black so that no man can see national community to ensure that Ms. SOLIS. Mr. Speaker, I ask unani- inside of those homes. these innocent Afghani citizens do not mous consent that all Members may Women who dare to defy these edicts starve to death. Every effort has to be have 5 legislative days within which to imposed by the Taliban are subjected made to provide these people with ade- revise and extend their remarks. to brutal beatings, public floggings, or quate resources to survive this upcom- The SPEAKER pro tempore. Is there even death. For example, a woman who ing harsh winter, but part of the prob- objection to the request of the gentle- defied the Taliban orders by running a lem is that the food that we have woman from California? home school for girls was killed in dropped is not reaching these people. There was no objection. front of her friends and family. A Many of these ready-to-eat meals are Ms. SOLIS. Mr. Speaker, when the Is- woman caught trying to flee Afghani- not being collected by the Afghani peo- lamic fundamentalist group, the stan with a man not related to her was ple, and in some cases are not easily lo- Taliban, seized control of Afghanistan stoned to death for adultery. An elder- cated. Other times it is because the in 1996, it launched the Nation into a ly woman was brutally beaten with a people fear retaliation for accepting pit of oppressiveness and inequality. In metal cable until her leg was broken the U.S. aid. Finally, some of the meals the blink of an eye, the millions of because her ankle was accidentally are falling into the hands of the women and girls who live in this desert showing underneath this burqa. But it Taliban forces that we are working so nation in Central Asia were relegated is doubtful this woman ever had the hard to fight against. to second class citizenship. The basic chance to see a doctor or a physician, It is important for us to provide hu- human rights that we in the free world because male doctors are not allowed manitarian aid to the people of Afghan- take for granted were suddenly to treat women and women doctors are istan, but aid alone cannot be the sole stripped away from these people. not allowed to practice their profes- means of action. It is up to the United Prior to the civil war there that pro- sion. States and the Members of this body to pelled the Taliban to power, women in The most heart wrenching part of speak for the class of women who are Afghanistan and especially the capital this story, though, is that millions of too oppressed to speak for themselves. of Kabul were highly educated and em- children, young girls, are growing up in We must work with the women of Af- ployed. Women in Kabul represented 70 a hostile environment. Here I have, Mr. ghanistan to form a more representa- percent of school teachers, 50 percent Speaker, some artwork created by lit- tive government, one that recognizes of the civilian government workers and tle girls growing up in Afghanistan. their accomplishments and allows they also were members of parliament, And even though we cannot read the them to participate in the process of and 40 percent of them were rep- writing, because this is a foreign lan- democracy. We must be vigilant in our resented as doctors and physicians. guage to me, it depicts what they are attempts to force the Taliban govern- And at Kabul University, females com- suffering, what they have seen with ment to alter its treatment of women prised half of the student body and 60 their own eyes. Basically, in this pic- and girls and begin to correct these percent of the faculty. ture here, what we see are young girls, transgressions. Only by bringing these In fact, the Afghani Constitution, one woman in the background with the offenses to light can we hope to combat which was ratified in 1964, had an equal shroud, the other two holding and them. rights provision for women contained grasping their hands and looking at a Mr. Speaker, I yield to the gentle- within it. But today in Afghanistan, fellow colleague who has been slain in woman from California (Ms. girls are no longer allowed to attend front of a school house. Near the school MILLENDER-MCDONALD), who is also co- school. They are punished. Women are house is a Taliban soldier carrying a chair of the Women’s Caucus. no longer allowed to work, forcing rifle. (Ms. MILLENDER-MCDONALD asked many to resort to begging or even pros- These are the kinds of things that and was given permission to revise and titution to survive. these youngsters are having to go extend her remarks.) Females are not permitted to leave through every single day of their lives, Ms. MILLENDER-MCDONALD. Mr. their home unless accompanied by a since 1996. Here, on this side, we see a Speaker, let me first thank my col- male relative. And when they do leave, picture depicting three women covered league, the gentlewoman from the

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.071 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6893 great State of California (Ms. SOLIS), there will be Radio Free Afghanistan. those families that are in need, par- for her leadership in bringing this very We are not going to stop. We simply ticularly those women and those young important issue to the forefront this cannot do that. We, as the women of girls. evening. this House, are destined to make sure With that, Mr. Speaker, I yield to the You might recall, Mr. Speaker, that that the wellness of women goes across gentlewoman from New York (Mrs. the Congressional Caucus on Women’s the hue, goes across the waters, goes MALONEY). Issues met just a couple of weeks ago not only from this country but to Af- Mrs. MALONEY of New York. I with the Ambassador to Pakistan to ghanistan and other countries through- thank the gentlewoman from Cali- talk about the conditions of women in out the world. We must make sure that fornia (Ms. SOLIS) for organizing this the Central Asia area. In talking with we fight for those women. Special Order and speaking out for the her, we realized the atrocities that Let me just say this, Mr. Speaker. women in Afghanistan. women are continuing to go through in The women, as the gentlewoman from Mr. Speaker, the attacks of Sep- Afghanistan. This is an issue that the California (Ms. SOLIS) has said, have tember 11 broke the hearts and boggled Congressional Caucus on Women’s been banned from working; the women the minds of most every American. It Issues have now made as a top priority and girls are prohibited from attending left us all wondering just what kind of in this House; and it is a bipartisan ef- schools. But let me tell you some other people would turn planes into bombs fort, because, Mr. Speaker, years ago, things that are just absolutely inhu- and slaughter thousands of people sim- as you can see by this very old paper, mane. Women have been brutally beat- ply because they showed up for work. many of us tried to fight this issue on en, publicly flogged, and killed for vio- The answer is the Taliban, the terror- the atrocities, the genocide of women lating Taliban decrees, decrees that ists among the Taliban, the terrorists in Afghanistan. they have imposed on no one else. Let they harbor, and the terrorists they Let me simply read some of the me cite some more horrific examples. refuse to surrender. But anyone who things that we talked about back in A woman who defied the Taliban orders was familiar prior to September 11 1996. We talked to reporters to ask why by running a home school for girls was with how the Taliban treat women they had not reported the atrocities killed in front of her families and should have recognized that the against women. They simply said that friends. A woman caught trying to flee Taliban are capable of doing just about the situation had received so little cov- Afghanistan with a man not related to anything. erage because they were not sure that her was stoned to death for adultery. b 2245 Americans were interested in this kind An elderly woman was brutally beaten of news. Well, Mr. Speaker, the women with a metal cable until her leg was The Taliban have controlled 90 per- of this House, the women around this broken because her ankle was acciden- cent of Afghanistan since 1996 when country and across this Nation, and the tally showing beneath that burqa that they unilaterally declared an end to women around the world are very much was demonstrated earlier. women’s basic human rights. The re- interested in how women are treated in We will not stop, Mr. Speaker. Our strictions on women’s freedoms in Af- Afghanistan. They are absolutely campaign is continuing. As you see ghanistan are unfathomable to most stripped of their very basic funda- this very yellow paper, where we start- Americans. Women are banished from mental rights, a right to freedom of ex- ed in 1996, we will continue to fight working. Girls are not allowed to at- pression and the right to assemble. until justice is brought to the women tend school beyond the eighth grade. There is no way that we women in of Afghanistan and to that region. We Women and girls cannot venture out- America can stand and allow women in want our children to be educated. We side without a burqa which they are other parts of this world to be treated want them educated here; we want forced to wear. It is an expensive, so inhumanely. them educated there. heavy, cumbersome garment which A lot of us saw just a couple of weeks And so I will simply say tonight is a covers the entire body, and it includes ago this ‘‘Beneath the Veil’’ documen- night that we shed the light; we put a mesh panel covering the eyes. The tary. That in itself told the story, the the light on these atrocities. The docu- veil is so thick it is difficult to story of how women are treated. They mentary ‘‘Beneath the Veil’’ just re- breathe. The mesh opening for the eyes are stripped of basic fundamental energized us so that we can continue to makes it extremely difficult to even rights to education and training. They fight for these women and children. I cross the road. cannot even educate their children. We, will be here throughout the rest of this Women must be escorted by male relin America cannot continue to allow hour to speak as we continue to unveil atives to be allowed to leave their these types of things to happen. These these atrocities against women and homes. Women are not allowed to seek women and children are the first vic- children, the suffering they endure at health care from male doctors, even in tims of this Taliban regime, this very the hands of this Taliban regime, emergency situations. Female doctors rogue group of men who are allowing which absolutely has no regard for and nurses are not permitted to work, women to not have their basic rights. women and children. We will not tol- so women and girls are dying from Those of us here in the Women’s Cau- erate the inhumane way by which they treatable illnesses. An Afghan woman cus have started this campaign. To- function. dies in childbirth every 30 seconds. morrow, I speak to a group of women So I would simply say to my dear Violate the Taliban’s draconian stric- again on the conditions of Afghani friend and colleague that we thank her tures, deliberately or accidentally, and women. Next week, the Women’s Cau- for bringing this Special Order tonight you will pay dearly, sometimes with cus will be meeting with the Depart- so that we can unveil these horrors and your life. Women who trip while cross- ment of Defense to better understand continue to fight for the women of Af- ing the road and show their face or an- the humanitarian efforts that they are ghanistan. kles risk being beaten, arrested or even putting forth and to make sure that Ms. SOLIS. Mr. Speaker, I would like executed. the women and the children get the to yield to the gentlewoman from New A 16-year-old girl was stoned to death rightful benefits of this humanitarian York (Mrs. MALONEY), who has also because she went out in public with a effort that our President is putting agreed to speak on this topic. I do want man who was not her family member. forth. We applaud our President for the to go back, first, however, and thank A woman who was teaching children in millions of dollars and for those relief the gentlewoman from California (Ms. her home was also stoned to death in efforts. But as I called the White MILLENDER-MCDONALD), who spoke front of her husband, her children and House, I wanted to remind the Presi- very eloquently about the current cri- her female students. An elderly woman dent and the administration that we sis that is occurring and that we are was beaten and suffered a broken leg cannot just simply send this over and faced with, not just in Afghanistan but because she exposed her ankle in pub- not have as a condition that women also in Pakistan and other Middle lic. and children have their rightful share Eastern countries. These atrocities are real, and the in this relief effort. We hope that tonight’s discussion economic consequences for women are We will introduce legislation this will lead our leaders to the direction of just as severe. They cannot earn money week, Mr. Speaker, to ensure that providing humanitarian assistance to because they are not allowed to work.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.139 pfrm04 PsN: H16PT1 H6894 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Since they have no means of sup- walled school and dream of attending univer- Danish, 15, said she was sent here after her porting themselves, many Afghan wid- sity. The camp’s male physician, Dr. father was killed by agents of the former ows have no income at all. Unless they Qaeeum, vows that his infant daughter will Communist government in Kabul. She said have a close male family member, they be educated ‘‘from cradle to grave, until her mother still lives in Afghanistan but PhD.’’ could no longer protect her. have no access to society or food for Khaiwa is a training ground for a different Like the other girls in the four-room adobe families and themselves. kind of fighter: intense young women bent orphanage, she wants to finish high school Mr. Speaker, let us be clear, we are on reversing the trend of female oppression and reenter Afghanistan as a RAWA opera- at war with the Taliban strictly be- that has helped hurtle Afghanistan into a tive—teaching in underground home schools. cause they are harboring Osama bin new dark age. When asked by a reporter how many of Laden and because they are involved in For the female activists based here, there them planned to go to work for RAWA, all terrorism against the United States. are no good guys among the factions battling but the youngest of the 20 girls raised their for supremacy in their homeland—not in the Still, this just war which we have no hands. notorious Taliban and not in the opposition Women in Afghanistan have suffered a long choice but to wage has contributed to a Northern Alliance. They worry that in the history of repression punctuated by brief pe- humanitarian tragedy of staggering international rush to bring down the riods of progressive leadership. proportion. Taliban, the United States and its allies will Inspired by the reforms of Kemal Ataturk, Our commitment to helping the inno- form partnerships with the Northern Alli- the founder of modern Turkey, self-styled cent people of Afghanistan must never ance or with other groups that also have a King Amanullah lifted the veil of subjuga- waiver. There are now 1.5 million Af- history of brutally oppressing women. tion for a short period in the late 1920s. But ghan refugees along the Pakistan bor- ‘‘The devil is the brother of evil. The dog is women in Afghan cities probably enjoyed the brother of the world,’’ Khaiwa camp der. More than half of them are women. their greatest freedom during the Soviet- school Principal Abeda Mansoor said in her backed Communist regime that ruled in 66,000 are pregnant. Winter is immi- native Dari language. ‘‘We condemn both the Kabul from 1979 to 1992. nent. Taliban and the Northern Alliance.’’ RAWA was founded in the capital in 1977. I salute the Bush administration for Mansoor, a former geography teacher in But its founder, known by the single name balancing war for compassion, for drop- Afghanistan, is a 16-year member of the Rev- Meena, opposed the Soviet occupation and ping food as well as bombs. Even in olutionary Assn. of the Women of Afghani- joined resistance forces to fight against it. war, we are showing a regard for stan, or RAWA, a small but influential Considered an enemy by both the Communist human life and human rights that the rights group that sends women on dangerous regime and the fundamentalist moujahedeen, missions into Afghanistan to set up clandes- Taliban will never know. Meena was assassinated in a Quetta, Paki- tine schools for girls and to use hidden cam- stan, refugee camp in 1987. The good news is that the Taliban’s eras to document abuse of women. Under the Sahar Saba, 28, who like many of the days are numbered, and that some Taliban’s harsh version of Islam, girls can- RAWA activists uses a pseudonym for pro- women from Afghanistan are fighting not attend school and women are prohibited tection, grew up in one of the Quetta camps for their freedom. I am submitting for from working outside the home. and was educated in a RAWA school. Now the RECORD an inspiring article by Displayed on the association’s Web site at she works as a spokeswoman for the group in Rone Tempest of the L.A. Times. It is www.rawa.org, secretly taken photos and Islamabad and travels abroad seeking for- about the Revolutionary Association of videos of public executions and floggings eign support. have played a major role in building inter- the Women of Afghanistan, or RAWA. Saba came to Pakistan when she was 7 national opposition to the Taliban. The re- after the Soviet invasion of Afghanistan. RAWA sends women on dangerous mis- cent critically acclaimed documentary ‘‘Be- Since the Sept. 11 terrorist attacks on the sions into Afghanistan to set up secret neath the Veil,’’ by London-based filmmaker United States, she has spent much of her schools for girls and to use cameras to Saira Shah, was made with the help of time working to make sure that the U.S. and document the abuse of women. RAWA workers who escorted Shah in Af- its allies do not forget the cause of women’s In Pakistan, RAWA runs hospitals, ghanistan. rights as they continue their campaign schools, orphanages and refugee camps. In Pakistan, the group operates hospitals, against the Taliban. In the face of the most repressive re- schools and orphanages in the camps where 2 Besides providing a well-documented his- million Afghan refugees live. But even here, tory of the Taliban’s suppression of women, gime in the world, women are risking their activities remain mostly secret. their lives to gain rights so basic that RAWA has recorded hundreds of cases of Taliban-style fundamentalism thrives in abuse by the Northern Alliance and non- we in the United States do not even many of the camps. A recent RAWA human Taliban warlords. think about them. rights procession in Islamabad, the Paki- Saba and the other RAWA activists favor Well, this is a night to think about stani capital, was attacked by stick-wielding the return of Mohammad Zaher Shah, the them and to express solidarity with our fundamentalist students. former Afghan monarch who was deposed in persecuted sisters in Afghanistan. We But the Khaiwa camp, in the middle of a 1973. Through the agency of the ex-king, she will continue to send humanitarian rutted quarry surrounded by smoking brick says, Afghanistan could have a new leader- kilns, is an island of tolerance. It is small ship tainted neither by the abuses of the aid. We will continue to battle the and exceptional, home to only 500 families. Taliban, and the women in Afghanistan warlords nor by the restrictions imposed on But it is a microcosm of what Afghanistan women by the Taliban. who are fighting for freedom should might resemble if it was freed of religious When the Taliban swept into power in 1996, know that they are not fighting in extremism and civil war. it capitalized on its claim to be a ‘‘protector vain. The women in Congress, the Safora Wali, 30, manages the camp’s small of women.’’ Taliban leader Mullah Moham- women across this country are stand- orphanage, home to 20 Afghan girls ages 6 to med Omar gained fame by rescuing two girls ing with them. 19. A former student at Kabul University in who had been kidnapped by a warlord. Ac- The article previously referred to is the Afghan capital, Wali also teaches older cording to Taliban Iore, Omar killed the man women in the camp how to read. as follows: and hanged his body from the barrel of a ‘‘My oldest student is 45 years old,’’ Wali tank. TRAINING CAMP OF ANOTHER KINID said. ‘‘She’s so happy now to be able to read ‘‘The parties that were in power before the In Pakistan, defiant young Afghan women letters from her relatives. She told me, ‘I Taliban were in some ways worse,’’ Saba ac- bent on reversing years of brutal oppression now know the pleasures of my eyes.’’’ knowledged. ‘‘Many girls were raped. Many study and plan. To them, the conflict has no The Khaiwa camp was founded in the early others committed suicide. good guys. 1980s by one of the more enlightened ‘‘When the Taliban came to power, women Khaiwa Refugee Camp, Pakistan—The moujahedeen commanders, who believed in were safer,’’ she added. ‘‘But they set the sprawling refugee camps on the Pakistani- universal education. He allowed RAWA wheel of history back hundreds of years.’’ Afghan border have long been breeding workers into the camp to teach and counsel grounds for male militants in Afghanistan— the families. The camp eventually became Ms. SOLIS. Mr. Speaker, I yield to first for the moujahedeen fighters who bat- known as an open-minded haven for the the gentlewoman from California (Mrs. tled the Soviet occupation in the 1980s and, RAWA activists, who run the 450-student CAPPS). more recently, for the fundamentalist school and the orphanage. Mrs. CAPPS. Mr. Speaker, I want to Taliban. Wali came to the camp last year from commend and thank my colleague, the But here in the dusty, abused terrain of western Afghanistan after Taliban authori- gentlewoman from California (Ms. Pakistan’s northwestern frontier, the ties found her distributing RAWA literature SOLIS) for organizing this special order Khaiwa refugee camp is a uniquely feminist and she was forced to flee. outpost. In Afghanistan, Khaiwa is known as a on the plight of women in Afghanistan, Women in the Khaiwa camp shun the head- place to send girls who are threatened by ei- and I thank also the Women’s Caucus, to-toe raiment known as a burka. Girls study ther the religious restrictions of the Taliban particularly the gentlewoman from science and Koranic scripture in a mud- or the sexual aggression of Afghan warlords. California (Ms. MILLENDER-MCDONALD)

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.141 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6895 for hosting this and gathering us to- Women, as we have heard this As I have read the press reports and gether to speak in solidarity with our evening and will continue to hear I am I have been watching television and sisters in Afghanistan who are endur- sure, women who ignore the decrees are reading the newspapers and looking at ing such terrible hardship and preju- beaten, publicly flogged and even mur- the demonstrators and thinking about dice and imprisonment in their society. dered for a slight infraction of the our role in the world and that region of Mr. Speaker, it is an important topic rules. Through such public beatings the the world, I keep looking for women which we should repeat over and over Taliban has succeeded in cowing the ci- and every picture only has men. Men and over again in this well, even as we vilian population into submission, so it fighting, men drinking tea, men dem- are able to do this in this country in is even more critical during this time onstrating, and I keep saying, where stark contrast to the way of life our of political upheaval and turmoil that are the women? Where are the women? sisters across the world are now endur- this country, the United States, con- Knowing that war has ravaged through ing. tinue to provide humanitarian assist- that region for many, many years; and For 5 years the Taliban militia have ance to the children and also to the obviously there are more women than ruled Afghanistan so severely restrict- women who have been forced to flee men. The demographics alone, because ing and denying a woman’s right to from their native land and forced to of war, would attest to that. So where participate in social, economic, cul- live the kinds of lives that they are liv- are they? tural and political life. We have known ing. In coming here to this chamber this about this and seen news accounts. 5 We remain and must remain com- evening I kept thinking about the years is a long time. mitted to bringing the Taliban into words of the great Negro national an- Prior to the Taliban control, many compliance with international norms them, and the words that ring in my Afghani women held positions of great of behavior on all human rights issues. ears tonight, ‘‘God of our silent tears, leadership, obtained higher education I know all of us stand in awe here as we God of our weary years,’’ a song borne degrees, were engaged in professions speak on this topic. We stand in awe of the great struggle for freedom in our and business interests in their commu- before the women of Afghanistan who own land and across the world, of those nity, adding to the vibrancy and are daring, even against all of these who were placed in slavery and whose strengthening of the economy. In the signs of oppression, daring to speak heroic history has been so much part of capital city of Kabul, 70 percent of out, daring to gather the children to- America’s own struggle for liberty. school teachers, 50 percent of the civil- gether to teach, the young women, the I kept thinking about the silent tears ian government workers, and 40 per- girls, to offer them classes knowing of the women of Afghanistan and so cent of the doctors were women. It is a that if they are caught, their lives will many women of the Middle East and different story today. be ended. Central Asia. I thought about their si- Even as we speak freely in the House, Women are denied access to edu- lent tears. I thought most of the world our sisters in Afghanistan are finding cation entirely. They are barred from never sees those tears because we do ways to gather together to strengthen the workplace, and as we have been lis- not see them, and under that burqa you each other, to hold on to their inner tening this evening in the special cannot see anything. burning of freedom, and they are order, they are forced to remain in In fact, I tried to look out of it as I counting on us to give them support. their homes. Family planning is out- handled it on the floor, and one cannot lawed in the region, and women are for- Across this land there are groups that have sprung up. In my district I really see very well out of it. It looks bidden to see a male doctor or surgeon. like you are looking through a multi- And, of course, the female doctors and was approached by several women who are part of organizations contributing screened door where so much of the nurses are prohibited from working; light is shut out. Truly you feel like a and, therefore, the majority of Afghani money to give aid directly to these women to support them in their free- prisoner. It is a visible symbol of the women are unable to seek medical abysmal human rights record of the treatment of any kind. In this century dom-fighting mission that really does reach to the heart of what we stand for Taliban regime and the fact that in this world. women have no official dignity. In fact, For these reasons, I with my colin this country. So we stand in awe and solidarity with the women of Afghani- they are beasts of burden. They are leagues, 52 of my colleagues, are co- there to cook. They are there to carry sponsoring legislation condemning the stan, and we must work in this place. Mr. Speaker, that is why I say to my their children and to bury their chil- destruction, the Taliban’s deduction of colleagues, I hope this is just the be- dren. And they have absolutely no mo- preIslamic laws which until their rein ginning of our speaking out. We must ment, no moment, no place, no home. were the law of the land. I am also co- speak out in ways across this country No place of comfort. No place to hide, sponsoring a resolution with many of to join people together, women, but ev- no place just to be. my colleagues which refuses to recog- eryone together, to support the efforts They are in our hearts this evening nize the Taliban as the government of of women in Afghanistan, to throw off because many of us understand some of Afghanistan. Of course we are doing their yokes of oppression and to be able the tinges of oppression, but nothing that for many reasons, but one of them to return to a life that they know and like what they are living through. surely must be the actions that they burns within them, the passion for that b 2300 have taken against women and that way of life in their hearts. they need to restore the women in Af- We have to find a way to let them Others this evening have talked ghanistan their basic human rights. know that the world is watching and about their lack of access to health The square of fabric that many of us supporting them and encouraging them care and the fact that they can receive are wearing, a piece of the burqa, the in their struggle to retain and regain no health services. I can remember clothing of the Afghani women, we their sense of dignity and regain their Congresswoman Pat Schroeder on this wear as a sign of solidarity to their suf- personal freedoms. floor one evening talking about the fering and torment. And I came to the Ms. SOLIS. Mr. Speaker, I yield to fact that during World War I, more podium following my colleague who the gentlewoman from Ohio (Ms. KAP- women died in childbirth than people wore the entire burqa. As I watched the TUR). were killed in the war. This is before gentlewoman from New York (Mrs. Ms. KAPTUR. Mr. Speaker, I thank health services were available to peo- MALONEY) standing in this place, which the gentlewoman from California (Ms. ple. Can you imagine the struggle of is the symbol of freedom that all of us SOLIS) for bringing us together this bearing a child in Afghanistan? enjoy in this country, her voice muf- evening so all of us coast to coast can God of our silent tears; God of our fled, she could barely read the words on express our union and solidarity with weary years. We think of them espe- the page. This is today, this modern the women of Afghanistan, with those cially tonight. I learned from the world world, and yet in Afghanistan, and of who are in country with their children, food program last week that, of course, course a woman would not even be al- for those who have fled and are fleeing the United States has provided some of lowed to be here, but they are confined and are in refugee camps in Iran, in the meager food sustenance that has even within their homes to wearing Pakistan, in Tajikistan, and God kept that population alive over the last this kind of garment. knows where else. several years. Over 257 bakeries have

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.142 pfrm04 PsN: H16PT1 H6896 CONGRESSIONAL RECORD — HOUSE October 16, 2001 been started inside Afghanistan just to those who have escaped Afghanistan They cannot recreate. They cannot go make use of the raw wheat, and the and are on the perimeters around in into the mountains and hills to look at diet basically is a piece of wheat bread the different countries fighting from the beauty of the sunrise or the sunset. that looks like pita and tea, that is the outside for their sisters who are They cannot be mountain climbers. about what the average person eats now contained. They cannot be bicycle riders. They every day. But the Taliban had ruled I want to thank the distinguished cannot enjoy life. that because women, the mothers, the gentlewoman from California because I Although we respect the Islamic widows, were feeding the people and believe that we should be on this floor faith, this is not a denigration and a working in those bakeries, that they day after day and night after night, disrespect because our faiths are dif- would shut those bakeries down be- create a movement, create an engine, ferent, because we love the diversity of cause, in fact, women were doing the create a movement that cannot be our faiths in this country, the diversity work and women were not allowed to turned around. In fact, I would suggest, of our ethnic backgrounds, our racial be seen in public. in following your lead and that of the backgrounds. We love the fact that And there was such civil unrest Women’s Caucus and my friend and col- America applauds the differences, but across that country that the Taliban league the gentlewoman from Cali- we acknowledge that the fundamen- reversed its own ruling because the fornia (Ms. MILLENDER-MCDONALD), talism of Islamic faith treats women as people were fighting for their own sur- who has given such comfort to women subhumans, and it fits them in a cat- vival in a country that is now around the world, but also to the lead- egory that can only be described as prefamine and the world community is ership of the women in the caucus. slavery and only as a source of desperately trying to find ways to We are known to have marched a day procreation. And so I think that it is extremely move donkey trains in there with or two. I believe this may be the time important to note that the life and wheat bags and trying to move product to march for the women of Afghani- plight of women in Afghanistan has in any way that we can in order to help stan, whether we take all the women of gone to its lowest level. the civilian populations. We know the this House, or whether we ask women majority of people trying to feed the from the community to join us. I am b 2310 desperate are women and many of them reminded of the phrase, when women Female education, from kindergarten are widows. pray, things happen. When women to graduate school, is banned, and em- Tonight, I know that every single march, when women speak, things hap- ployment for women is banned. The woman here thinks about the future, pen. And the tragedy of the women in beating of women for disciplinary ac- and every man and woman in our coun- Afghanistan is so enormous, so fright- tion is accepted and routine. Women try wants to help those who are in dire ening, so vicious, so violent that I must be covered with the material that need. I know that in the weeks ahead, think this day tonight is setting the is on my suit top. They must be cov- this Women’s Caucus through the lead- tone; and I thank you very much for ered from head to toe. The burqa. You ership of the gentlewoman from Cali- your leadership. can hardly breathe. It is so hot. You fornia (Ms. MILLENDER-MCDONALD), I do not know if people are aware, can hardly see. You cannot enjoy, you who has just been fantastic in her lead- and I know that many of my colleagues cannot live. ership on this issue, and so many oth- might have already cited these num- The whipping of women in public for ers is going to make sure that our bers and statistics, but for me they having non-covered ankles is accept- Women’s Caucus keeps in sight, in fact loom very large. Journalist Jan Good- able. A ban on women laughing loudly right in the bull’s-eye of U.S. policy in win, before the Taliban banned female is acceptable. A ban on women wearing that region of the world humanitarian employment, gave us a bird’s-eye view brightly covered clothing is acceptable. assistance and food programs, in fact, what women were doing before the Women are prohibited from going out- linking our food programs to education Taliban banned women working. Sev- side except for government-sanctioned wherever we can possibly do it and that enty percent of the teachers in Kabul purposes. America’s true greatness and the gen- were women, 50 percent were civil serv- Finally, I would say that we love to erosity of its people will be seen ex- ants and university students, and 40 wake up in the morning, hear the birds tending a hand across the ocean and a percent were doctors. Today, lawyers sing, smell the beautiful fragrances, go outside, travel as we desire to do. We hand across a forgotten part of the and doctors who happen to be female desire to express freedom. But here in world. We want every life that can be cannot practice. They cannot practice Afghanistan these women are not al- saved to be saved, and we know that medicine. They cannot practice law. lowed to enjoy freedom, to enjoy the our first partners in this effort will be Women are totally deprived of the simple pleasures of life. And out of that right to education, of the right to the women of Afghanistan who know tragedy comes more tragedy, such that work, of the right to travel, of the the price of life and the price of death. a 20-year-old educated woman burned This evening, we rise in their honor. right to good health care, of the right herself with gasoline as a way out of Those of us who are wearing these lit- to legal recourse, of the right to recre- all of her misery that had poisoned her tle squibs of cloth cut from the burqa, ation, of the right to being a human life for years. Her young life, she we will not forget them. We ask the being. sought to extinguish it because she Those who are listening, men and God of silent tears and God of weary could see no future for someone who women, know how much we pride our years to be with them, to protect them desired to be a bright and shining star. and to know that we are in sisterhood freedom in the United States even after So I hope that as we speak tonight and brotherhood with them. the heinous acts, the horrific acts of some way, somehow, the women of Af- Ms. SOLIS. Mr. Speaker, I yield to September 11. Our lives changed after ghanistan are listening to us, and that the gentlewoman from Texas (Ms. that day, but we still understand the they will know that we are united with JACKSON-LEE). first amendment, freedom of access, them in sisterhood, and as they see Ms. JACKSON-LEE of Texas. I thank freedom of speech. We demand good that we are united, I would hope that the distinguished Congresswoman from health care, good education. We are al- we would move to the next step, which California, and I thank her very much ways looking to improve the lot of oth- is to march for the freedom of the for creating this opportunity for the ers. And when that does not happen, we women in Afghanistan and on behalf of women of this House to come together speak out against it and try to improve their survival and their life in the fu- and to embrace, though distant, our it. ture. sisters far away. You notice that the But in this country, there are no Ms. SOLIS. Mr. Speaker, I yield to tone of our voice is somewhat somber rights for women. They cannot move the gentlewoman from California (Ms. and solemn. Tears are in our voices and about. They cannot be educated. They Millender-MCDONALD). tears are in our hearts and minds. We cannot go into a courtroom and protest Ms. MILLENDER-McDONALD. Mr. as women, however, are strengthened how they are treated. They cannot Speaker, I would just merely say the by the unity that we are showing to- laugh. They cannot be full of joy. They collective voices you have heard tonight because we believe we are linked cannot skip rope. They cannot play night simply is a determination to en- with our sisters in Afghanistan and tennis. They cannot go swimming. sure that the women of Afghanistan be

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.144 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6897 given their rightful spot of freedom and ences they have quietly whispered to each ports that 76 percent of women living in democracy, and we will not stop until other have been passed along to the outside Taliban-controlled areas are suffering from se- that is done. We will do an inter- world. What was once a few, sporadic reports vere depression and 16 percent of women national strategy to ensure that the has become a chorus pleading for recognition committing suicide. type of human rights that they deserve and compassion. The United States and the international will be given to them. We must reassure these women that their community cannot turn its back on the plight We thank again this outstanding pleas have echoed across mountains and of Afghan women and children. I was pleased young freshwoman, freshman, fresh- oceans and reached our ears, and that we will by the President’s recent announcement to in- person, for tonight’s special order, and answer them. The compassion we extend to crease humanitarian assistance to Afghan ref- for that, I am not sure if she wants to our mothers, sisters, wives, and daughters ugees, 75 percent of which are women and say a few words, but I thank her so must now be extended to the mothers, sisters, children. much. wives, and daughters in Afghanistan. Just as The United States must demonstrate that Ms. SOLIS. Mr. Speaker, in closing I we have overcome our fear in the past few while we strongly oppose the Taliban regime, just want to reiterate the importance weeks, we must help these women overcome we support the people of Afghanistan. We of our discussion here tonight. Let us their fear by working to end the conditions must remain committed to improving the sta- not forget the shroud, the burqa, that which cause it. tus of women and children in Afghanistan. may veil and provide coverage in a for- We must use our voices and all of our abili- Ms. SCHAKOWSKY. Mr. Speaker, women eign land that we do not know, but let ties to ensure that the quiet voices of the in Afghanistan have been suffering incredible us remember here as women, as Mem- women in Afghanistan are heard loudly and human rights abuses since the extremist bers of the House of Representatives, freely not just here in the United States, but in Taliban regime seized control of Afghanistan and our male colleagues, that we shall all countries, and especially, their own. in 1996. Today, I rise in solidarity with Afghan not go unheard; that our voices will be Ms. MORAN of Virginia. Mr. Speaker, I rise women against this misogynist, fundamentalist heard throughout the country and today to shed light on atrocities occurring half- regime and for women’s rights. throughout the world; and that we are way around the world. Long before the horrific The treatment and condition of women in not just pleading for those woman who events of September 11, the Taliban regime Afghanistan under the Taliban rule is deplor- are suffering, those children in Afghan- has been perpetrating egregious human rights able. Women have been beaten and stoned in istan, but throughout the Middle East. violations against Afghan women and girls. public for not being completely covered, even There are many women who are treat- When the fanatically religious Taliban militia if this means simply not having mesh covering ed very differently in other parts of the seized control of Kabul in September 1996, in front of their eyes. One woman was beaten Afghanistan was transformed into a brutal Middle Eastern countries. They do not to death by an angry mob of fundamentalists state of gender apartheid. Under the extremist have to wear this shroud. They walk in for accidentally exposing her arm while she Taliban rule, women and girls are denied the honor, they walk in dignity. They have was driving. Another victim was stoned to most basic human rights. education, they have jobs. We want death for trying to leave the country with a The Taliban religious police, known as the that for women of Afghanistan, and we man that was not her relative. Husbands have ‘‘Ministry for the Promotion of Virtue and Pre- will not stop until our voices are heard. the power of life and death over their female vention of Vice,’’ monitor strict conformity to I want to thank the Women’s Caucus relatives, especially their wives, but an angry Taliban edicts. Women are forbidden to work, and the Members that shared the dais mob has just as much right to stone or beat go to school, leave their homes unless accom- with me this evening, and for the art- a woman, often to death, for exposing an inch panied by a male relative, or speak above a work that was provided for us tonight, of flesh. Women live in fear of their lives for whisper in public. so that Members might see what young Many women are widowed due to their hus- the slightest ‘‘misbehavior.’’ Women have been forced into poverty and girls in Afghanistan are seeing through bands being killed by the Taliban militia. They destitution because they are not allowed to their eyes. are routinely raped by militia men and forced work or even go out in public without a male Mr. FARR of California. Mr. Speaker, our to beg for scraps of food to feed their children. relative. Professional women such as profes- lives are marked by noises and silences. We Other mothers hopelessly turn to prostitution, sors, translators, doctors, lawyers, artists and wake each morning to an alarm clock, we re- knowing that if they are caught, they will be writers have been forced from their jobs and turn to bed quietly each night to sleep. We publicly executed. hear the scream of our children being born, Women are ordered to wear a burqa—a restricted to their homes. Because they cannot the cheers at their graduation ceremonies, and large, heavy cloth which covers the body from work, those without male relatives or hus- the hush at the funerals of our parents. To head to toe—with only a small mesh-covered bands are either starving to death or begging these, we have recently added the low rumble opening through which to see and breathe. in the street. of buildings collapsing, the tones of thousands Women and girls are also denied access to There is a public health epidemic growing of Americans singing before our baseball basic health care services. They are denied among women in Afghanistan. Depression is games and on the steps of the U.S. Capitol admittance to most hospitals and from being becoming so widespread it has reached emer- building, and the silence of moments of private examined by male physicians while prohibiting gency levels. There is no way in such a soci- reflection. most female doctors and nurses from working. ety to know the suicide rate with certainty, but The lives of the millions of women in Af- A violation of any of these Taliban decrees relief workers are estimating that the suicide ghanistan are also marked by the noises and results in women being brutally beaten, pub- rate among women is extraordinarily high. silences around them. They hear the sound of licly flogged, and killed. Health care has suffered on many other lev- their front doors closing as their husbands This regime is so heinous and oppressive els. Men are not allowed to examine women leave for jobs, something these women are no that it executes little girls for the crime of at- patients without a chaperone. And even then, longer allowed to hold. As they walk by tending school. Girls ages 8 and older caught women are only allowed to be examined schools, always accompanied by a male rel- attending underground schools are subject to through their clothes. Even in life saving situa- ative, they hear lessons being taught, but only being taken to the Kabul soccer stadium and tions, surgery is unavailable for women in this to their sons. These women hear the sound of made to kneel on the ground while an execu- country, if they have money, they might travel beatings and public executions of women sus- tioner puts a machine gun to the back of their to Pakistan for needed operations. More than pected of adultery, or who have cut their hair heads and pulls the trigger. Spectators in the 1 in every 100 women dies in childbirth. The short, worn colorful clothes, nail polish, or stands are instructed to cheer. infant mortality rate is at an alarming number white socks. An elderly woman was brutally beaten with of 165 deaths per 1,000 births. Women give The lives of women in Afghanistan often de- a metal cable until her leg was broken be- birth to their children on hospital floors and pend on silence. They must not walk loudly. cause her ankle was accidentally showing then watch them die due to minor complica- They must not talk loudly. They must not from underneath her burqa. tions. The Taliban regime is killing its own laugh in public. They must wear burqas, allow- In a village outside of Kabul, three young people. ing only some sight, covering their ears and girls were made to watch as the Taliban militia As we move forward with out mission to mouths entirely. shot their mother in front of their eyes and eradicate terrorism, we must look for natural The women of Afghanistan recognize that then stayed in their home for two days while allies in this process. I would like to draw at- their lives also depend on breaking silences. the mother’s body lay in the courtyard. tention to the work of an organization that has Through international aid organizations and The despair among women and children is fought the injustices committed against their own resistance organizations, the experi- so extreme, Physicians for Human Rights re- Afghani women and society by the Taliban,

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00115 Fmt 7634 Sfmt 9920 E:\CR\FM\K16OC7.146 pfrm04 PsN: H16PT1 H6898 CONGRESSIONAL RECORD — HOUSE October 16, 2001 the Revolutionary Association of the Women tary throughout the world. Just pic- Government. Some think that the only of Afghanistan (RAWA). RAWA strives to pro- ture yourself as a skipper of a carrier people that can get things done cor- vide the basics of life, like education and group out in the Pacific somewhere, or rectly is the government. I am saying, health care, to women and girls in Afghani- out in the Persian Gulf, and you are I do not think so. I think the govern- stan. The women of RAWA work underground, scrambled a message that the United ment should oversee it. fighting for a true democracy and struggling to States of America has just been at- But take a look at what happens if create a better life for the people of Afghani- tacked, that structures have been you hire these people. Take a look stan. These women fight at their own peril to taken down in New York City, that the under our Civil Service regulations, create a better society. They are our allies. I Pentagon itself has been struck. where you cannot hardly fire a Federal urge this body and this government to recog- Our military was immediately upon employee if we have misbehavior. You nize the voices of RAWA and provide support order of the President taken to prob- cannot hardly move a Federal em- to their difficult, dangerous, and heroic work. ably the highest alert that they have ployee. To take an example, look at We need to increase our efforts to help the been in in decades, and we did not have what happened in Denver and some of women of Afghanistan live without their funda- one misfire. Not one misfire. Not one the other areas when we required Fed- mental human rights violated. I hope this will officer who acted out of what the rule eral Aviation Administration personnel be a policy that all of my colleagues can em- book says they should act. It was a to move 50 miles or something like brace. good, solid response and it shows you that. Take a look at what a racket f that in time of emergency, there are a that ended up being. lot of things that can be done right. b 2320 PROVIDING SAFETY IN THE SKIES We saw it, as I said, with the Depart- The SPEAKER pro tempore (Mr. SIM- ment of Transportation, the Federal We lose lots of flexibility when, in a MONS). Under the Speaker’s announced Aviation Administration, NORAD, very short period of time, we put tens policy of January 3, 2001, the gen- which was contacted within minutes of and tens and tens of thousands of peo- tleman from Colorado (Mr. MCINNIS) is the hijack knowledge and was able to ple in the Federal payroll and create recognized until midnight. try and track some of these commer- them permanently as Federal employ- Mr. MCINNIS. Mr. Speaker, I have cial aircraft that were being used as ees. It is not going to work. That is not been fascinated by the previous re- weapons by the hijackers. the efficient way to provide the max- marks. I think it was excellent, and I There were a lot of things in our sys- imum amount of security that we want commend the gentlewoman from Cali- tem that worked. But one of the things for our airports in this country. fornia. I think it highlights the issue that failed us was airport security Now, President Bush recognized this. overall, and that is not just the abuse across this country, and I do not know President Bush’s approach to this, that the Taliban throws upon women any of my colleagues that do not think which I think, by the way, is the cor- in their society, but the abuse they that we do not need to increase airport rect approach, is number one, we all throw upon their society as a whole. security. Obviously we have got to im- agree we need tougher airport security, For them to represent that they prove the airport security in every air- we all agree that the status quo is not somehow speak for the religion of port in this country. Whether it is in working, but as the President says, Islam, that they somehow speak for Grand Junction, Colorado, or whether there should be Federal oversight, but the Muslims of the world, is an insult. it is at LaGuardia, or whether it is at it does not have to mean a new huge Obviously the Muslim world does not National Airport or Denver Inter- Federal bureaucracy for airport secu- believe in the kind of abuses that the national Airport, we have got to im- rity any more than as I said earlier the Taliban throws upon its women, nor prove security. Federal Aviation Administration does the religion of Islam. In fact the But the question is, how do you get should all of a sudden be required to religion of Islam respects women, and the biggest bang for your buck for se- hire all of the pilots in this country. that certainly is not something that curity? What kind of approach should Clearly, the Federal Aviation Admin- you see in any kind of fashion whatso- we use to enhance that security, that istration has a strong role in pilot ever. In no fashion whatsoever do you we can be ensured that a year from qualifications, in how many hours the see women given respect that they are now or 2 years from now or 3 years pilots fly, in the type of training that entitled to or to the privileges, the from now that the system is working? they need for particular aircraft and equal rights or the access that they Now, some have suggested that the the type of training that they need for should have. Obviously that is not only way to do it is to quickly act and approached airports, et cetera, et given when you talk about Afghani- for the Federal Government to create a cetera, et cetera. So the Federal Gov- stan. new bureaucracy and hire tens of thou- ernment has a strong role to play, it is There are a couple issues, Mr. Speak- sands of people, tens of thousands of just we should not take it across that er, I want to visit about that I think people, as Federal employees, and put line and, in a few weeks, end up hiring are very important. First of all, I lis- them in these positions of airport secu- tens and tens and tens of thousands of tened to some of the previous speakers rity. people to become full-time, permanent, on the airport security bill. Obviously To me, that makes about as much Federal employees. the airport security we have in this sense as the Federal Aviation Adminis- So I am asking my colleagues to take country has to be tightened dramati- tration hiring all the pilots. Clearly a careful look at that. We do not need cally. It has been tightened dramati- and absolutely there is a role for the to have that many more new employ- cally right now with the temporary use Federal Government to oversee secu- ees. What we need to do is review these of the military. We have taken some rity at these airports. They have to put procedures and make our airports very dramatic steps. down very tough and stringent guide- safer. I look with disgust upon any of As you know, it was a pretty incred- lines as to what will be allowed and my colleagues that suggest that be- ible event on September 11, that the what will not be allowed; what training cause some of us say we do not need a Department of Transportation, upon is required for the people that work in new Federal bureaucracy, that they order of the President of the United that security, what people will be al- make the suggestion that we do not States, was able to take 2,600 or 3,000 lowed there, what kind of clearances care about airport security. I do not commercial aircraft and bring every they have, et cetera, et cetera, et know one Member in this House, I do one of those aircraft down to a safe cetera. not know one Member in this House landing within about a 2 hour period of But before any of my colleagues, and that does not want improved airport time. There were a lot of things that some have, obviously, but before you security. Not one. Not from the left, went wrong on September 11, but there sign on that the only way to answer way over on the left to clear over on were a lot of things in response to that this is to create a new Federal bureauc- the right. We do not see it. Everybody horrible tragedy of September 11 that racy, think of the problems that we in these Chambers wants better airport went right. have. security. But the question is, how do For example, the military alert, the Some inherently disagree with me. we most effectively get there? Take a high alert that went out to our mili- Some out here like a bigger Federal look at the track record. Frankly, the

VerDate 11-MAY-2000 05:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.074 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6899 track record of the Federal Govern- leak of information, as my colleagues not let people start to apologize for ment on previous attempts at things know. The President got very upset America. like this has not been very good. I want about it. I think I am beginning to sense some the best airport security that we can It is my understanding from a source sympathy towards this bin Laden. I no- get out there. in the media that Bob Woodward did ticed today, all they talked about I want to move on to another subject, the responsible thing. He got ahold of today is the fact that we have collat- and I want to talk a little bit about some information that he himself ques- eral damage hitting a Red Cross ware- what I sense in the national media. I do tioned whether it should be published, house. I am sorry. I feel badly about want to visit this evening about the and he contacted the appropriate gov- that. We do not intend to target inno- different types of weapons of mass de- ernment officials, which I would guess cent civilians, but the fact is, we are struction and our kind of a threefold would be the White House and said, engaged in a war. We have very sophis- strategy that I think we have to utilize should I be putting this kind of infor- ticated weapons, but we do not have which would also include a missile de- mation out? They asked him not to, weapons that can go out and paint a fense, information defense, and defense and Bob Woodward respected that. red laser cross across bin Laden so that against domestic terrorism; for exam- That is responsible journalism. we go in and we take out bin Laden and ple, a truck bomb or things like that. I do not think it is responsible jour- nobody else gets impacted. Obviously But I noted with interest, and let me nalism to go out and spend 20 minutes we have to be careful. I am not sug- say it this way. I am kind of a fan of 60 televising to the world where the weak- gesting intentional civilian deaths. But Minutes. I have watched 60 Minutes, as nesses are in America’s nuclear genera- I am saying that there is a point in our many of my colleagues have here, for a tion facilities and how a strike against society where we have to accept the long time, for decades, in fact. I think these nuclear facilities, and they even fact that we are going to suffer some 60 Minutes overall has done a very good describe on 60 Minutes about how if the casualties. job. But I have to tell my colleagues plane hit it at this angle or this hap- 2330 that I was very, very disappointed pened or that happened, what the con- b when I saw 60 Minutes last weekend. sequences of that would be. That is like There are going to be civilian casual- Do we know what they did? They spent going down and saying, guys, let me ties. But let me tell the Members, when the first 25 minutes or so of their show tell you where the weakness is in the the news media starts talking all day pointing out to the world, pointing out local bank alarm system. long about the fact that one of our to the world the weaknesses of our nu- I will bet my colleagues that 60 Min- bombs hit a Red Cross facility by mis- clear generating facilities in this coun- utes, Dan Rather, the whole crew there take, I might add, do not forget, that try and how various types of attacks at 60 Minutes, I bet they never tele- score starts at 6,000 to nothing. Six on these may very well be successful vised the weakness in their home thousand innocent citizens lost their and the catastrophe that they could alarm system: if you come to my house lives in New York City, and that is a create. at this time, that is the weakness in statistic that ought to come in over Now, I think it is great that 60 Min- my home alarm system, or I do not and over and over and over again. utes went out and uncovered this have this window taped so you could That does not justify going and tak- weakness, although I would not give get access there and you could cause a ing 6,000 Aghan citizens, but do not them that much credit. Other people lot of harm to my house because I keep come down on the United States mili- have complained about the lack of se- a lot of material in there. tary in such a way that we think we curity. But my question is I think that The point being to me it is incum- are going to be able to go in and find the media has a responsibility to play bent upon all of us to talk to our and eradicate this cancer without tak- post-September 11 disaster as well, and friends in the media and say, look, we ing or hitting a few healthy cells on that responsibility would have been all have to be more responsible. The the way in. I do not know how else we much better exercised by 60 Minutes by world changed on September 11. The can do it. simply taking their information over days of being absolutely politically We have gotten through several dec- to the Pentagon or over to the Nuclear correct, the days of Harvard not allow- ades of being able to engage in military Regulatory Administration or over to ing the U.S. military, the ROTC on actions without a lot of U.S. casual- the White House or to the Congress and their campus, those days are gone. Our ties. Our weapons have become much say, look what we have discovered out society has to adapt to some realities more precise, and thank goodness they there. We have some weaknesses in out there and the realities are that have, because if we take a look at con- these nuclear facilities, and we need to there is a cancer out there, there is a flict after conflict, our collateral dam- be aware of it. horrible cancer out there. Bin Laden age is being lowered and lowered and Mr. Speaker, 60 Minutes chose not to happens to be a key cell in that cancer, lowered; in other words, there is less do that. 60 Minutes instead thought it but he is not the only cell of cancer we and less and less collateral damage be- was much better to broadcast to the have out there. If we do not act aggres- cause our weapons are becoming more world the weaknesses that currently sively to eradicate that cancer, it will and more and more sophisticated. exist in our nuclear reactors. I mean kill us. It will eat us alive. But this is not the time to start to some of these terrorists must just be I noted with interest tonight, going sympathize with bin Laden, to start to sitting back in their caves or in their back to Harvard University, I noticed criticize the United States military, places of abode just smiling and saying, with interest tonight that at Fox News because I think they are doing a pretty what a great society these people are Network, they claim that one of the darned good job out there. When we get in America. They provide us with our people, one of their guests, it was not into or when we are engaged in a war, next target and they give us all kinds Fox News, but it was one of their we are going to have mistakes. of information. We get good ideas by guests said that Harvard actually ac- It is just like the State patrol of a reading the American media. cepts money from the bin Laden fam- State. Over a period of time, some I think all of us have a responsibility ily, takes money from the bin Laden State patrolman is going to have a car here and it includes the media, and family, either in the form of scholar- accident. We regret the fact that that that responsibility is, hey, maybe we ships or grants, but refuses to take any happens, we try and avoid that from ought to figure out that what is being money from the United States military happening; but that does not mean we read by what we publish out there, to pay for or allow an ROTC recruiting sympathize with the crooks more be- what is being seen by what we televise, officer on Harvard University or ROTC cause a State patrolman may goof up or what is being heard by what we put training. Give me a break. Come on. and have an accident. over the radio, maybe we should screen After September 11, we all have to put I think these points are very impor- a little of that information. Now, some more weight on our shoulders; we all tant, because I would not want us, as of the media, frankly, has been pretty have to accept more responsibility of we get further and further away from darn responsible. Bob Woodward not being an American. Being an American September 11, I do not want our memo- too long ago, 2 or 3 weeks ago, unfortu- is not too bad a deal. It is the greatest ries to begin to fade about what a hor- nately, on the Senate side, there was a country in the history of the world. Do rible thing that cancer did to us. Do

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.148 pfrm04 PsN: H16PT1 H6900 CONGRESSIONAL RECORD — HOUSE October 16, 2001 Members know what? That cancer still check in his hand but gave it back be- But having open borders does not exists out there. It will take a very cause he said nothing can justify the mean we have to have uncontrolled dedicated effort. horrible actions of these evil people. borders. We should be having open bor- Thank goodness we have the Presi- What they have done is evil. They are ders that are controlled and managed dent that we do. Thank goodness we evil. There is only one answer with and worked to the benefit of every- have the team that we do, whether it is evil, we have to eradicate it. We cannot body. It works for the protection of the Vice President CHENEY, whether it is love it away, we cannot hope it away, people even coming into this country. Condoleezza Rice, who, by the way, did we cannot go and hold the hands of the So our borders have to be tightened. an excellent job on ‘‘60 Minutes’’ the Taliban and say, We would like you to I will tell Members something else other night, or whether it is Don adapt yourself more to Western behav- we have to deploy at our borders. We Rumsfeld, we have the right kind of ior. We would like you to commit to us have to put in those face-scanning team dedicated to go in and do the sur- that you are going to give women computers that are able to determine if gical procedure that is necessary to rights in your country. one is wanted or if one is a terrorist eradicate most of that cancer. That is not going to happen. These anywhere in the world, or find out just But we have to give them a break Taliban leaders and bin Laden and his exactly who it is that is coming across, and give them our support. So far this outfit, they are cancerous. It is a dead- are they using false IDs, et cetera. We country has been very solid behind our ly, horrible cancer. We have tasted have to use other high-tech equipment President. I think the average main- some of it. It hit us hard in New York at these borders. stream American out there does not City, and it is going to hit us again if Some people, they jump up, and I want people like ‘‘60 Minutes’’ talking we do not pursue the eradication of it have already heard this as a result of about the weaknesses of our nuclear in a relentless fashion. That is our obli- our antiterrorism bill, and say, Inva- generating facilities. Instead, I think gation as Congressmen. That is an in- sion of privacy. Do not invade privacy. the average American out there wants herent requirement of the Government, Let me tell the Members something, I this President and this Government to that is, to provide homeland security have not seen a proposal yet that has do what is necessary to make the secu- for the people of America and for our been on this floor that is unconstitu- rity of this Nation safe for all future allies. tional, an unconstitutional invasion of generations. One of the things that I think we privacy. That requires some pretty nasty need to improve on, I talked to airport It is not the intent of anybody in this stuff. War is nasty. But as Winston security. Clearly, we have to improve House to invade or violate the Con- Churchill said, ‘‘The only thing worse immediately airport security, and we stitution. After all, we take oaths to than war is losing the war.’’ It is the have. Obviously, the Federal Aviation stand up and protect the Constitution. same thing here. The only thing worse Administration and others, the secu- We do not take some kind of assigned than eradicating terrorism, and I as- rity has been stepped up significantly. mission to violate the Constitution. sure the Members, there will be collat- But on a long-term basis we have to So it is not that we are violating the eral damage, the only thing worse than make dramatic changes in our airport Constitution with, for example, face- that is losing to bin Laden; losing to security. As I said earlier, I think we scanning computers and other tech- the fact that America would have to can do that without creating a Federal nical equipment. The fact is, life is live under the threat of fear from this bureaucracy of tens of thousands of going to be a little more inconvenient. point on; that America would have to new Federal employees. So we need to When we go to the airport, we are live and tolerate what the Taliban does have airport security. going to have to open our suitcases two to its own people, as reflected in the We also need to do a couple of other or three times. They are going to have earlier comments by the gentlewoman things. We need to tighten up our bor- a right to look through our loose from California regarding the rights of ders. I know that is not politically cor- clothes, to look through our purse or women in Afghanistan, and what bin rect, to say that, look, if you are a wallet, which we may consider private. Laden and the Taliban have done, what guest in the United States, we are But the fact is in our society we have they have done to the women in Af- going to check into your background. to take some affirmative steps to pro- ghanistan. If you are coming to visit the United vide homeland security for our Nation. So I think it is very important for us States, if you want to immigrate to the What is wrong at the borders with hav- to understand that there is nothing United States, we have some certain ing computer-scanning equipment and wrong with being patriotic, that there rights as the United States to see who data like that that can give us the kind is nothing wrong for the United States we are letting into this country. of information we need? of America to do what it is doing. I We were getting to a point in our so- A lot of this is a game of quick infor- think sometimes when we find out that ciety where it seemed to be politically mation. We cannot sit there and detain there has been a mistake, a regrettable incorrect, where it would be wrong for or stop the borders while we spend 3 or mistake, that a bomb is dropped on a Members to go to a student whose visa 4 hours questioning everybody who Red Cross warehouse, that we tend to expired, and by the way, of the terror- wants to come across. We have to de- forget what has gone right. ists, the Wall Street Journal today had pend on quick information. We have to Take a look at the military targets an excellent article. Three or four of depend on an informational system that day after day, night after night, those terrorists were on expired stu- that could quickly give us that kind of our military has successfully hit with- dent visas. information. That is the computer- out collateral damage. Take a look at The student visa program in this technical equipment. how well executed this military mis- country has gone awry. It is out of con- In Britain, take a look at Britain, sion has been. There is a lot to be trol. We have, I think, 2.5 million peo- the United Kingdom, who have been proud of here. Our military has an in- ple, and I can look that up, but I think wonderful allies. Boy, have they stood credible machine. Our military has there are 21⁄2 million people in this with us through this from day one. very sophisticated command centers. country today that are on expired stu- From hour one, from the moment that Our military has the most sophisti- dent visas; and we are not doing much Tony Blair and his government found cated weapons ever known in the his- to get them out of here. out that the United States had been at- tory of man. These are weapons that When people come to visit the United tacked, they stood tall, as did many of try and minimize collateral damage. States, that is a privilege. This coun- our other colleagues. But I want to So I am a little concerned when I try has to start to enforce our borders. talk about Great Britain right now. start to see sympathy actually heading That is not to say at all, not in any They have suffered terror for years. to the Taliban, when I start to see way, that this great country should They have had terrorists blow up some kind of justification for what the shut its borders. I do not believe in bombs in London and places like that. Taliban has done. We do not see it di- that. Unless one is truly Native Amer- They have put pretty good security rectly yet, but we are headed that way. ican, we all have been the beneficiary equipment in London and throughout Kudos, by the way, to the Mayor of of America’s policy on immigration. It their country. They have those face- New York City, who had a $10 million has built a great country. scanning cameras. They do not come

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.150 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6901 out and stick a camera in your face. these visitors left when they were sup- for a moment, I believe that the possi- They are on light poles, or they are on posed to leave. The INS cannot track bility of an accidental launch against the sides of buildings. it. the United States of America is very Among those 7.1 million non- b 2340 possible with a nuclear warhead or a immigrants, 500,000 foreign nationals missile with a chemical type of weapon They have lots of security cameras entered on foreign student visas. The on top of it. almost on every city block in London foreign student visa system is one of So a missile defensive system pro- figuring out exactly what is going on. the most underregulated systems we tects us not only against an inten- They scan the city. It has not brought have today. tional launch against the United down a violation of privacy in the So there are a couple of things that I States but an accidental launch. A lot United Kingdom. In fact, it has made want to bring up, just review very of people, including some of our col- the United Kingdom a lot safer. It is quickly. One, we have got to increase leagues, have pooh-poohed the idea kind of like putting a guard in the airport security, but we do not need to that I say this could happen by acci- bank. create a new Federal bureaucracy to do dent. They do not give it too much I can remember as a young man, it. We clearly have no Federal over- credibility. Guess what happened 2 when I used to go into the bank, there sight on it. weeks ago. Out in the Black Sea, the were never police officers standing in Two, we have to tighten our borders, Ukrainian Navy fired, by accident, a the lobby of a bank; and well, then and let me just talk about the third missile. What did it hit? It hit a civil- bank robberies kept happening and thing I think whose time has come. ian Russian airliner. It shot it right happening. Guess what happened when This is the third thing I wanted to out of the sky. It killed everybody on we put a police officer in the lobby of visit with, and that is the new stra- board. That was accidental. If it can the bank? It did not violate anybody’s tegic setting. This is a three-pronged happen in a military exercise out in privacy on banking laws. What it did threat as I have got on this poster. I the Black Sea, let me assure my col- was lower the crime in that bank, will go in reverse. leagues, it can happen with a missile made it safer for everybody. Information warfare. Clearly what aimed at the United States of America. That is exactly what we need to do at does the United States have to do to I am not trying to create any kind of our borders and athletic events that protect, as we know, everything in our panic because I think the United what we need to do, where it is other- lives today is focused very, very heav- States of America has some time, not a wise feasible, is provide the kind of se- ily on computer and information. How long period of time, but some time and curity, the TV cameras and things like do we protect that information? How we have the technological capability to that we can do without intrusion into do we protect homeland security to our do it to provide a missile defensive sys- the Constitution. So I have not seen information warfare? tem for this country. any, any movement that violates the Terrorist threat. Clearly it was dem- There was a treaty signed not too Constitution of the United States. onstrated to the United States that we many years ago and I intend to go into Clearly, the point I am making here, had some huge gaps in our security that in much more depth later on this we have to, and I would like to point system, our homeland security to pro- week, but it was the Anti-ballistic Mis- out on this border, is that we have got vide protection from terrorist attacks. sile Treaty. The President of the to do something very quickly. Just as Now, remember, that gap was a hor- United States has justifiably and very important as our airport security is rible gap; and the results were hor- accurately called that treaty obsolete. our border security. We have got to ribly, horribly tragic. But the fact is The treaty is obsolete with the excep- tighten up the border between, for ex- we have had a lot of terrorist threats, tion of one provision within that trea- ample, the United States and Canada. including the one on the millennium ty, contained within the four corners. For the most part, that border seems that tried to come across the border The authors of that treaty, the first to be unsecured. We have cooperation that was stopped. We can protect people that drew it up, realized that from our neighbors to the north. Can- against that. We can enhance that. times on would change. They must ada is a wonderful country. They are The one I really want to focus on is have realized that the United States great allies. I do not think one could the missile-delivered weapons of mass and Russia in the 1970’s were the only ask for two better neighbors than we destruction attack. Keep in mind when two countries capable of delivering have. Mexico on one side on the south we talk about missile defense, which I missiles, either intentionally or acci- and Canada on the north. think absolutely has to be imminent dentally with nuclear warheads. They In fact, just for my colleagues’ infor- for the defense of this country, and I must have realized if it is possible that mation, we have had recruiters that think it is an inherent obligation of all in the future it could expand and there have told us that down in the South of us sitting on this floor to provide a could be proliferation of nuclear weap- they have gotten calls from Mexican missile defensive system for this coun- ons in other countries. If that occurred citizens who want to come up and join try. Keep in mind that a lot of people and if that became a threat to the na- the United States military because out there assume we already have mis- tional sovereignty of either Russia or they want to fight for the United sile defense; that if somebody fires a the United States, then under this States against this terrible cancer that missile against the United States of treaty, the Anti-Ballistic Missile Trea- we suffered on September 11 and we are America, that we have the capability ty, there would be a clause that is con- now trying to eradicate. to defend against it. We do not. We do tained in the treaty, that would allow So we have got cooperation to tight- not have that capability today. And either country to withdraw from that en those borders, but let me give you that ought to be our highest priority as treaty upon a 6-month notice. some statistics, and this is off of Sen- far as national security from an out- That is the first step that has to take ator FEINSTEIN. She put out a press reside source. I think it is really, really place from an administrative point of lease. She identified weaknesses of the critical. Let me mention a couple of view. This administration is preparing U.S. visa system. I think this is an ex- other things. to do exactly that. They ought to do cellent piece of work. I want to just Most people, when we have talk that. That is what leadership calls for. give a few statistics. about missiles coming against the From the technical point of view, An unregulated visa waiver program United States, think of a nuclear mis- this government and this Congress and, in which 23 million people arrived in sile. Of course, that is a worst case sce- fortunately, our colleagues down the this country in fiscal year 2000 from 29 nario; and we know that there are hallway have dedicated resources to different countries, almost no scrutiny. countries, there has been proliferation continue the research to perfect that An unmonitored nonimmigrant visa around the world of countries capable technology that we have. We are very system in which 7.1 million tourists, of delivering nuclear missiles. But close. We are very close to providing business visitors, foreign students, and when we also talk about nuclear mis- the necessary information to build a temporary workers arrived. To date, siles, a lot of people think about an in- missile defensive system in this coun- the INS does not have a reliable track- tentional launch against the United try. We have got to get closer and we ing system to determine how many of States. I want to say, think about this have got to close that gap and we have

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K16OC7.152 pfrm04 PsN: H16PT1 H6902 CONGRESSIONAL RECORD — HOUSE October 16, 2001 to put that defensive system into eral Government has a very important A missile defensive system should be place. role in the tightening of airport secu- the first and the highest priority on b 2350 rity by issuing and overseeing the reg- that list in regards to the missile offen- ulations, but I think it would be a big sive system of these other countries. Let me point out that the threat is mistake creating a brand-new bureauc- We need to defend against it. We have real. Rogue states and weapons of mass racy. These bureaucracies are very, fair warning and we have a little period destruction. Among the 20 Third World very difficult to manage, very, very in- of time to do it and we ought to do it. Countries that have or are in the proc- flexible, and usually not very produc- f ess of developing weapons of mass de- tive. We cannot afford to have an agen- MAKING IN ORDER ON WEDNES- struction are: cy, an agency-bungling, so to speak, of DAY, OCTOBER 17, 2001, MOTION Iran. Iran has nuclear weapons, they airport security. It has to be improved TO SUSPEND THE RULES AND have chemical weapons, they have bio- and improved in a dramatic fashion. PASS THE BILL H.R. 3004, FINAN- logical weapons and they have ad- Point number one. vanced missile technology. Then point number two. The borders. CIAL ANTI-TERRORISM ACT OF Iraq. Iraq, same thing: Nuclear, It is now, in my opinion, absolutely 2001, WITH AMENDMENT chemical, biological, advanced missile correct, not politically incorrect but Mr. OXLEY (during the Special Order technology. absolutely correct, to talk about what of Mr. MCINNIS). Mr. Speaker, I ask Libya. Well, almost the same thing, we have to do to tighten the borders of unanimous consent that it be in order nuclear weapons, chemical weapons, this country and who we ought to have at any time on the legislative day of advanced technical information. in this country as guests and who we Wednesday, October 17, 2001, for the North Korea has all four of them. should not have as guests. And when Speaker to entertain a motion that the Syria has all except the biological the guest stays too long, we, this coun- House suspend the rules and pass the weapons. try, ought to be there to say it is time bill H.R. 3004 with the amendment that This chart tells us a lot. This chart to go home; it is time to go back across I have placed at the desk and that the tells us that there are people out there the border from which you came be- amendment I have placed at the desk in the world that are not friends of the cause your invitation has expired. You be considered as read. United States. In fact, they are foes of have been around just a little too long. AMENDMENT OFFERED BY MR. OXLEY the United States. And while we sit Right now, as I demonstrated with The SPEAKER pro tempore (Mr. SIM- without a missile defensive system, some of the numbers and statistics MONS). The Clerk will designate the they continue to build a missile offen- that I gave in earlier comments, this is amendment. sive system. not controlled at all in our country. We The text of the amendment is as fol- How can we, as Members of Congress, have tens of thousands, tens of thou- lows: continue to sit idle or even advocate sands of people who are in this country Amendment offered by Mr. OXLEY: the idea of sitting idle, not building a on expired student visas. And do not H.R. 3004 defensive system, when we know there let the university system and the col- Be it enacted by the Senate and House of Rep- are countries like these countries out lege system come to the defense of there that are aggressively building an resentatives of the United States of America in these expired visas. And do not let the Congress assembled, offensive system? These systems are college or university system come and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. not defensive. These countries are de- say, well, these student visas are abso- (a) SHORT TITLE.—This Act may be cited as signing these weapons to go after lutely essential for this purpose or that the ‘‘Financial Anti-Terrorism Act of 2001’’. somebody, to fire at somebody, to de- purpose. We need a balance. (b) TABLE OF CONTENTS.—The table of con- stroy somebody. And let me ask my Now, a lot of these schools and uni- tents for this Act is as follows: colleagues, who do you think that tar- versities get money, a high tuition Sec. 1. Short title; table of contents. get is? After September 11, I think it is charge for those people; but the fact is TITLE I—STRENGTHENING LAW easy to conclude. It is not just an asset we have to bring it back in tune. I am ENFORCEMENT of the United States located some- not saying stop student visas, but I am Sec. 101. Bulk cash smuggling into or out of where in the world. It could very well saying we have to control them and en- the United States. be within the borders of the United force them; otherwise they are mean- Sec. 102. Forfeiture in currency reporting States of America. ingless, and they provide a threat to cases. That is why I am urging my col- the security of this Nation. Sec. 103. Illegal money transmitting busi- leagues to join the President, to join Finally, the third point that I cov- nesses. Sec. 104. Long-arm jurisdiction over foreign the administration and come together ered this evening, and I will reiterate it money launderers. as a team to build a missile defensive as long as I am a Congressman in the Sec. 105. Laundering money through a for- system that protects the security of United States Congress, is that this eign bank. this Nation. We can do it. And do not Nation must proceed, as the adminis- Sec. 106. Specified unlawful activity for let people tell you we are walking away tration has urged us to do, as President money laundering. from the treaty. The treaty allows us Bush has told us to do, this Congress Sec. 107. Laundering the proceeds of ter- to do it. It is contained within the and this Government must proceed rorism. Sec. 108. Proceeds of foreign crimes. rights of the treaty. So it is absolutely with a missile defensive system for the Sec. 109. Penalties for violations of geo- necessary for this country to move for- borders of this country and for the bor- graphic targeting orders and ward with the development of a missile ders of our allies. Failure to do so certain record keeping require- defensive system. would be, in my opinion, the most hor- ments. Let me conclude my remarks this rible dereliction of duty in the history Sec. 110. Exclusion of aliens involved in evening by just quickly going over or of the United States Congress. That is money laundering. repeating some of the key points. Key how strongly I feel about that. Sec. 111. Standing to contest forfeiture of point number one: the airport security We have an absolute obligation, a re- funds deposited into foreign bank that has a correspondent in this country must immediately be sponsibility to protect the security of account in the United States. improved for a long-term basis. Mr. this Nation by providing a defensive Sec. 112. Subpoenas for records regarding Ridge, the new head of the Homeland missile system. Keep in mind how funds in correspondent bank ac- Security Agency understands this. I many countries throughout this world counts. think he has a good grasp on it. But are building offensive, offensive, attack Sec. 113. Authority to order convicted crimi- the key element here is that we can systems. We know now after September nal to return property located dramatically and must dramatically 11 that the United States will very abroad. improve that security. likely be at the top of the target list Sec. 114. Corporation represented by a fugi- tive. I think it is a mistake to rapidly go for many, many years to come. So we, Sec. 115. Enforcement of foreign judgments. out and hire as Federal employees tens colleagues, have an obligation to un- Sec. 116. Reporting provisions and anti-ter- of thousands of people and put them on derstand that reality and to defend rorist activities of United the Federal payroll. I think the Fed- against that reality. States intelligence agencies.

VerDate 11-MAY-2000 05:44 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0655 E:\CR\FM\K16OC7.154 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6903 Sec. 117. Financial Crimes Enforcement Net- airports, border crossings, and other ports of under subsection (a), or a conspiracy to com- work. entry where the currency can be smuggled mit such offense, shall be imprisoned for not Sec. 118. Prohibition on false statements to out of the United States and placed in a for- more than 5 years. financial institutions con- eign financial institution or sold on the ‘‘(2) FORFEITURE.—In addition, the court, cerning the identity of a cus- black market. in imposing sentence under paragraph (1), tomer. (3) The transportation and smuggling of shall order that the defendant forfeit to the Sec. 119. Verification of identification. cash in bulk form may now be the most com- United States, any property, real or per- Sec. 120. Consideration of anti-money laun- mon form of money laundering, and the sonal, involved in the offense, and any prop- dering record. movement of large sums of cash is one of the erty traceable to such property, subject to Sec. 121. Reporting of suspicious activities most reliable warning signs of drug traf- subsection (d) of this section. by informal underground bank- ficking, terrorism, money laundering, rack- ‘‘(3) PROCEDURE.—The seizure, restraint, ing systems, such as hawalas. eteering, tax evasion and similar crimes. and forfeiture of property under this section Sec. 122. Uniform protection authority for (4) The intentional transportation into or shall be governed by section 413 of the Con- Federal reserve facilities. out of the United States of large amounts of trolled Substances Act. Sec. 123. Reports relating to coins and cur- currency or monetary instruments, in a ‘‘(4) PERSONAL MONEY JUDGMENT.—If the rency received in nonfinancial manner designed to circumvent the manda- property subject to forfeiture under para- trade or business. tory reporting provisions of subchapter II of graph (2) is unavailable, and the defendant TITLE II—PUBLIC-PRIVATE chapter 53 of title 31, United States Code,, is has insufficient substitute property that COOPERATION the equivalent of, and creates the same harm may be forfeited pursuant to section 413(p) of Sec. 201. Establishment of highly secure net- as, the smuggling of goods. the Controlled Substances Act, the court work. (5) The arrest and prosecution of bulk cash shall enter a personal money judgment Sec. 202. Report on improvements in data smugglers are important parts of law en- against the defendant for the amount that access and other issues. forcement’s effort to stop the laundering of would be subject to forfeiture. Sec. 203. Reports to the financial services in- criminal proceeds, but the couriers who at- ‘‘(c) CIVIL FORFEITURE.— dustry on suspicious financial tempt to smuggle the cash out of the United ‘‘(1) IN GENERAL.—Any property involved in activities. States are typically low-level employees of a violation of subsection (a), or a conspiracy Sec. 204. Efficient use of currency trans- large criminal organizations, and thus are to commit such violation, and any property action report system. easily replaced. Accordingly, only the confis- traceable to such violation or conspiracy, Sec. 205. Public-private task force on ter- cation of the smuggled bulk cash can effec- may be seized and, subject to subsection (d) rorist financing issues. tively break the cycle of criminal activity of of this section, forfeited to the United Sec. 206. Suspicious activity reporting re- which the laundering of the bulk cash is a States. quirements. critical part. ‘‘(2) PROCEDURE.—The seizure and for- Sec. 207. Amendments relating to reporting (6) The current penalties for violations of feiture shall be governed by the procedures of suspicious activities. the currency reporting requirements are in- governing civil forfeitures in money laun- Sec. 208. Authorization to include suspicions sufficient to provide a deterrent to the laundering cases pursuant to section 981(a)(1)(A) of illegal activity in written dering of criminal proceeds. In particular, in of title 18, United States Code. employment references. cases where the only criminal violation ‘‘(3) TREATMENT OF CERTAIN PROPERTY AS Sec. 209. International cooperation on iden- under current law is a reporting offense, the INVOLVED IN THE OFFENSE.—For purposes of tification of originators of wire law does not adequately provide for the con- this subsection and subsection (b), any cur- transfers. fiscation of smuggled currency. In contrast, rency or other monetary instrument that is Sec. 210. Check truncation study. if the smuggling of bulk cash were itself an concealed or intended to be concealed in vio- TITLE III—COMBATTING offense, the cash could be confiscated as the lation of subsection (a) or a conspiracy to INTERNATIONAL MONEY LAUNDERING corpus delicti of the smuggling offense. commit such violation, any article, con- (b) PURPOSES.—The purposes of this section tainer, or conveyance used, or intended to be Sec. 301. Special measures for jurisdictions, are— financial institutions, or inter- used, to conceal or transport the currency or (1) to make the act of smuggling bulk cash other monetary instrument, and any other national transactions of pri- itself a criminal offense; mary money laundering con- property used, or intended to be used, to fa- (2) to authorize forfeiture of any cash or cilitate the offense, shall be considered prop- cern. instruments of the smuggling offense; Sec. 302. Special due diligence for cor- erty involved in the offense.’’. (3) to emphasize the seriousness of the act respondent accounts and pri- (c) CLERICAL AMENDMENT.—The table of of bulk cash smuggling; and vate banking accounts. sections for subchapter II of chapter 53 of (4) to prescribe guidelines for determining Sec. 303. Prohibition on United States cor- title 31, United States Code, is amended by the amount of property subject to such for- respondent accounts with for- inserting after the item relating to section feiture in various situations. eign shell banks. 5330, the following new item: (c) ENACTMENT OF BULK CASH SMUGGLING Sec. 304. Anti-money laundering programs. OFFENSE.—Subchapter II of chapter 53 of ‘‘5331. Bulk cash smuggling into or out of the Sec. 305. Concentration accounts at finan- title 31, United States Code, is amended by United States.’’. cial institutions. adding at the end the following: SEC. 102. FORFEITURE IN CURRENCY REPORTING Sec. 306. International cooperation in inves- CASES. tigations of money laundering, ‘‘§ 5331. Bulk cash smuggling into or out of financial crimes, and the fi- the United States (a) IN GENERAL.—Subsection (c) of section nances of terrorist groups. ‘‘(a) CRIMINAL OFFENSE.— 5317 of title 31, United States Code, is amended to read as follows: TITLE IV—CURRENCY PROTECTION ‘‘(1) IN GENERAL.—Whoever, with the intent to evade a currency reporting requirement ‘‘(c) FORFEITURE.— Sec. 401. Counterfeiting domestic currency under section 5316, knowingly conceals more ‘‘(1) IN GENERAL.—The court in imposing and obligations. than $10,000 in currency or other monetary sentence for any violation of section 5313, Sec. 402. Counterfeiting foreign currency instruments on the person of such individual 5316, or 5324 of this title, or any conspiracy and obligations. or in any conveyance, article of luggage, to commit such violation, shall order the de- Sec. 403. Production of documents. merchandise, or other container, and trans- fendant to forfeit all property, real or per- Sec. 404. Reimbursement. ports or transfers or attempts to transport sonal, involved in the offense and any prop- TITLE I—STRENGTHENING LAW or transfer such currency or monetary in- erty traceable thereto. ENFORCEMENT struments from a place within the United ‘‘(2) PROCEDURE.—Forfeitures under this SEC. 101. BULK CASH SMUGGLING INTO OR OUT States to a place outside of the United subsection shall be governed by the proce- OF THE UNITED STATES. States, or from a place outside the United dures established in section 413 of the Con- (a) FINDINGS.—The Congress finds the fol- States to a place within the United States, trolled Substances Act and the guidelines es- lowing: shall be guilty of a currency smuggling of- tablished in paragraph (4). (1) Effective enforcement of the currency fense and subject to punishment pursuant to ‘‘(3) CIVIL FORFEITURE.—Any property in- reporting requirements of subchapter II of subsection (b). volved in a violation of section 5313, 5316, or chapter 53 of title 31, United States Code, ‘‘(2) CONCEALMENT ON PERSON.—For pur- 5324 of this title, or any conspiracy to com- and the regulations prescribed under such poses of this section, the concealment of cur- mit any such violation, and any property subchapter, has forced drug dealers and rency on the person of any individual in- traceable to any such violation or con- other criminals engaged in cash-based busi- cludes concealment in any article of clothing spiracy, may be seized and, subject to para- nesses to avoid using traditional financial worn by the individual or in any luggage, graph (4), forfeited to the United States in institutions. backpack, or other container worn or carried accordance with the procedures governing (2) In their effort to avoid using traditional by such individual. civil forfeitures in money laundering cases financial institutions, drug dealers and other ‘‘(b) PENALTY.— pursuant to section 981(a)(1)(A) of title 18, criminals are forced to move large quantities ‘‘(1) TERM OF IMPRISONMENT.—A person United States Code.’’. of currency in bulk form to and through the convicted of a currency smuggling offense (b) CONFORMING AMENDMENTS.—

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.078 pfrm04 PsN: H16PT1 H6904 CONGRESSIONAL RECORD — HOUSE October 16, 2001 (1) Section 981(a)(1)(A) of title 18, United ‘‘(B) the foreign person— SEC. 107. LAUNDERING THE PROCEEDS OF TER- States Code, is amended by striking ‘‘of sec- ‘‘(i) commits an offense under subsection RORISM. tion 5313(a) or 5324(a) of title 31, or’’. (a) involving a financial transaction that oc- Section 1956(c)(7)(D) of title 18, United (2) Section 982(a)(1) of title 18, United curs in whole or in part in the United States; States Code, is amended by inserting ‘‘or States Code, is amended by striking ‘‘of sec- ‘‘(ii) converts to such person’s own use 2339B’’ after ‘‘2339A’’. tion 5313(a), 5316, or 5324 of title 31, or’’. property in which the United States has an SEC. 108. PROCEEDS OF FOREIGN CRIMES. SEC. 103. ILLEGAL MONEY TRANSMITTING BUSI- ownership interest by virtue of the entry of Section 981(a)(1)(B) of title 18, United NESSES. an order of forfeiture by a court of the States Code, is amended to read as follows: (a) SCIENTER REQUIREMENT FOR SECTION United States; or ‘‘(B) Any property, real or personal, within 1960 VIOLATION.—Section 1960 of title 18, ‘‘(iii) is a financial institution that main- the jurisdiction of the United States, consti- United States Code, is amended to read as tains a correspondent bank account at a fi- tuting, derived from, or traceable to, any follows: nancial institution in the United States. proceeds obtained directly or indirectly from ‘‘§ 1960. Prohibition of unlicensed money ‘‘(3) The court may issue a pretrial rean offense against a foreign nation, or any transmitting businesses straining order or take any other action nec- property used to facilitate such offense, if— ‘‘(a) Whoever knowingly conducts, con- essary to ensure that any bank account or ‘‘(i) the offense involves the manufacture, trols, manages, supervises, directs, or owns other property held by the defendant in the importation, sale, or distribution of a con- all or part of an unlicensed money transmit- United States is available to satisfy a judg- trolled substance (as such term is defined for ting business, shall be fined in accordance ment under this section.’’. the purposes of the Controlled Substances with this title or imprisoned not more than SEC. 105. LAUNDERING MONEY THROUGH A FOR- Act), or any other conduct described in sec- 5 years, or both. EIGN BANK. tion 1956(c)(7)(B), ‘‘(b) As used in this section— Section 1956(c)(6) of title 18, United States ‘‘(ii) the offense would be punishable with- ‘‘(1) the term ‘unlicensed money transmit- Code, is amended to read as follows: in the jurisdiction of the foreign nation by ting business’ means a money transmitting ‘‘(6) the term ‘financial institution’ in- death or imprisonment for a term exceeding business which affects interstate or foreign cludes any financial institution described in one year, and commerce in any manner or degree and— section 5312(a)(2) of title 31, United States ‘‘(iii) the offense would be punishable ‘‘(A) is operated without an appropriate Code, or the regulations promulgated there- under the laws of the United States by im- money transmitting license in a State where under, as well as any foreign bank, as defined prisonment for a term exceeding one year if such operation is punishable as a mis- in paragraph (7) of section 1(b) of the Inter- the act or activity constituting the offense demeanor or a felony under State law, national Banking Act of 1978 (12 U.S.C. had occurred within the jurisdiction of the whether or not the defendant knew that the 3101(7));’’. United States.’’. operation was required to be licensed or that SEC. 106. SPECIFIED UNLAWFUL ACTIVITY FOR SEC. 109. PENALTIES FOR VIOLATIONS OF GEO- the operation was so punishable; MONEY LAUNDERING. GRAPHIC TARGETING ORDERS AND ‘‘(B) fails to comply with the money trans- (a) IN GENERAL.—Section 1956(c)(7) of title CERTAIN RECORD KEEPING RE- mitting business registration requirements 18, United States Code, is amended— QUIREMENTS. under section 5330 of title 31, United States (1) in subparagraph (B)— (a) CIVIL PENALTY FOR VIOLATION OF TAR- Code, or regulations prescribed under such (A) by striking clause (ii) and inserting the GETING ORDER.—Section 5321(a)(1) of title 31, section; or following new clause: United States Code, is amended— ‘‘(C) otherwise involves the transportation ‘‘(ii) any act or acts constituting a crime (1) by inserting ‘‘or order issued’’ after or transmission of funds that are known to of violence, as defined in section 16 of this ‘‘subchapter or a regulation prescribed’’; and the defendant to have been derived from a title;’’; and (2) by inserting ‘‘, or willfully violating a criminal offense or are intended to be used to (B) by inserting after clause (iii) the fol- regulation prescribed under section 21 of the be used to promote or support unlawful ac- lowing new clauses: Federal Deposit Insurance Act or section 123 tivity; ‘‘(iv) bribery of a public official, or the of Public Law 91–508,’’ after ‘‘sections 5314 ‘‘(2) the term ‘money transmitting’ in- misappropriation, theft, or embezzlement of and 5315)’’. cludes transferring funds on behalf of the public funds by or for the benefit of a public (b) CRIMINAL PENALTIES FOR VIOLATION OF public by any and all means including but official; TARGETING ORDER.— not limited to transfers within this country ‘‘(v) smuggling or export control violations Section 5322 of title 31, United States Code, or to locations abroad by wire, check, draft, involving munitions listed in the United is amended— facsimile, or courier; and States Munitions List or technologies with (1) in subsection (a)— ‘‘(3) the term ‘State’ means any State of military applications as defined in the Com- (A) by inserting ‘‘or order issued’’ after the United States, the District of Columbia, merce Control List of the Export Adminis- ‘‘willfully violating this subchapter or a reg- the Northern Mariana Islands, and any com- tration Regulations; or ulation prescribed’’; and monwealth, territory, or possession of the ‘‘(vi) an offense with respect to which the (B) by inserting ‘‘, or willfully violating a United States.’’. United States would be obligated by a bilat- regulation prescribed under section 21 of the (b) SEIZURE OF ILLEGALLY TRANSMITTED eral treaty either to extradite the alleged of- Federal Deposit Insurance Act or section 123 FUNDS.—Section 981(a)(1)(A) of title 18, fender or to submit the case for prosecution, of Public Law 91–508,’’ after ‘‘under section United States Code, is amended by striking if the offender were found within the terri- 5315 or 5324)’’; ‘‘or 1957’’ and inserting ‘‘, 1957 or 1960’’. tory of the United States;’’; and (2) in subsection (b)— (c) CLERICAL AMENDMENT.—The table of (2) in subparagraph (D)— (A) by inserting ‘‘or order issued’’ after sections for chapter 95 of title 18, United (A) by inserting ‘‘section 541 (relating to ‘‘willfully violating this subchapter or a reg- States Code, is amended in the item relating goods falsely classified),’’ before ‘‘section ulation prescribed’’; and to section 1960 by striking ‘‘illegal’’ and in- 542’’; (B) by inserting ‘‘or willfully violating a serting ‘‘unlicensed’’. (B) by inserting ‘‘section 922(1) (relating to regulation prescribed under section 21 of the SEC. 104. LONG-ARM JURISDICTION OVER FOR- the unlawful importation of firearms), sec- Federal Deposit Insurance Act or section 123 EIGN MONEY LAUNDERERS. tion 924(n) (relating to firearms traf- of Public Law 91–508,’’ after ‘‘under section Section 1956(b) of title 18, United States ficking),’’ before ‘‘section 956’’; 5315 or 5324),’’; Code, is amended— (C) by inserting ‘‘section 1030 (relating to (c) STRUCTURING TRANSACTIONS TO EVADE (1) by striking ‘‘(b) Whoever’’ and inserting computer fraud and abuse),’’ before ‘‘1032’’; TARGETING ORDER OR CERTAIN RECORD KEEP- ‘‘(b)(1) Whoever’’; and ING REQUIREMENTS.—Section 5324(a) of title (2) by redesignating paragraphs (1) and (2) (D) by inserting ‘‘any felony violation of 31, United States Code, is amended— as subparagraphs (A) and (B), respectively; the Foreign Agents Registration Act of 1938, (1) by inserting a comma after ‘‘shall’’; (3) by striking ‘‘subsection (a)(1) or (a)(3),’’ as amended,’’ before ‘‘or any felony violation (2) by striking ‘‘section—’’ and inserting and inserting ‘‘subsection (a)(1) or (a)(2) or of the Foreign Corrupt Practices Act’’. ‘‘section, the reporting requirements im- section 1957,’’; and (b) RULE OF CONSTRUCTION.—None of the posed by any order issued under section 5326, (4) by adding at the end the following new changes or amendments made by the Finan- or the record keeping requirements imposed paragraphs: cial Anti-Terrorism Act of 2001 shall expand by any regulation prescribed under section 21 ‘‘(2) For purposes of adjudicating an action the jurisdiction of any Federal or State of the Federal Deposit Insurance Act or sec- filed or enforcing a penalty ordered under court over any civil action or claim for mon- tion 123 of Public Law 91–508—’’; and this section, the district courts shall have etary damages for the nonpayment of taxes (3) in paragraphs (1) and (2), by inserting ‘‘, jurisdiction over any foreign person, includ- or duties under the revenue laws of a foreign to file a report required by any order issued ing any financial institution authorized state, or any political subdivision thereof, under section 5326, or to maintain a record under the laws of a foreign country, against except as such actions or claims are author- required pursuant to any regulation pre- whom the action is brought, if— ized by United States treaty that provides scribed under section 21 of the Federal De- ‘‘(A) service of process upon such foreign the United States and its political subdivi- posit Insurance Act or section 123 of Public person is made under the Federal Rules of sions with reciprocal rights to pursue such Law 91–508’’ after ‘‘regulation prescribed Civil Procedure or the laws of the country actions or claims in the courts of the foreign under any such section’’ each place that where the foreign person is found; and state and its political subdivisions. term appears.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.078 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6905

(d) INCREASE IN CIVIL PENALTIES FOR VIOLA- tionality Act, as amended (8 U.S.C. 1182), is ‘‘(I) the basis for the forfeiture action is TION OF CERTAIN RECORD KEEPING REQUIRE- amended by striking ‘‘(D)(i) or (D)(ii)’’ and wrongdoing committed by the foreign bank; MENTS.— inserting ‘‘(E)(i) or (E)(ii)’’. or (1) FEDERAL DEPOSIT INSURANCE ACT.—Sec- ‘‘(II) the foreign bank establishes, by a pre- tion 21(j)(1) of the Federal Deposit Insurance SEC. 111. STANDING TO CONTEST FORFEITURE ponderance of the evidence, that prior to the Act (12 U.S.C. 1829b(j)(1)) is amended by OF FUNDS DEPOSITED INTO FOR- restraint, seizure, or arrest of the funds, the EIGN BANK THAT HAS A COR- striking ‘‘$10,000’’ and inserting ‘‘the greater RESPONDENT ACCOUNT IN THE foreign bank had discharged all or part of its of— UNITED STATES. obligation to the prior owner of the funds, in ‘‘(A) the amount (not to exceed $100,000) in- which case the foreign bank shall be deemed volved in the transaction (if any) with re- Section 981 of title 18, United States Code, the owner of the funds to the extent of such spect to which the violation occurred; or is amended by adding at the end the fol- discharged obligation.’’. ‘‘(B) $25,000’’. lowing new subsection: SEC. 112. SUBPOENAS FOR RECORDS REGARDING (2) PUBLIC LAW 91–508.—Section 125(a) of ‘‘(k) CORRESPONDENT BANK ACCOUNTS.— FUNDS IN CORRESPONDENT BANK ACCOUNTS. Public Law 91–508 (12 U.S.C. 1955(a)) is ‘‘(1) TREATMENT OF ACCOUNTS OF COR- (a) IN GENERAL.—Subchapter II of chapter amended by striking ‘‘$10,000’’ and inserting RESPONDENT BANK IN DOMESTIC FINANCIAL IN- 53 of title 31, United States Code, is amended ‘‘the greater of— STITUTIONS.— by inserting after section 5331 (as added by ‘‘(1) the amount (not to exceed $100,000) in- ‘‘(A) IN GENERAL.—For the purpose of a for- volved in the transaction (if any) with re- feiture under this section or under the Con- section 101) the following new section: spect to which the violation occurred; or trolled Substances Act, if funds are deposited ‘‘§ 5332. Subpoenas for records ‘‘(2) $25,000’’. into a dollar-denominated bank account in a ‘‘(a) DESIGNATION BY FOREIGN FINANCIAL (e) CRIMINAL PENALTIES FOR VIOLATION OF foreign financial institution, and that for- INSTITUTION OF AGENT.—Any foreign finan- CERTAIN RECORD KEEPING REQUIREMENTS.— eign financial institution has a cor- cial institution that has a correspondent (1) SECTION 126.—Section 126 of Public Law respondent account with a financial institu- bank account at a financial institution in 91–508 (12 U.S.C. 1956) is amended to read as tion in the United States, the funds depos- the United States shall designate a person follows: ited into the foreign financial institution residing in the United States as a person au- ‘‘SEC. 126. CRIMINAL PENALTY. (the respondent bank) shall be deemed to thorized to accept a subpoena for bank ‘‘A person that willfully violates this chap- have been deposited into the correspondent records or other legal process served on the ter, section 21 of the Federal Deposit Insur- account in the United States, and any re- foreign financial institution. ance Act, or a regulation prescribed under straining order, seizure warrant, or arrest ‘‘(b) MAINTENANCE OF RECORDS BY DOMES- this chapter or that section 21, shall be fined warrant in rem regarding such funds may be TIC FINANCIAL INSTITUTION.— not more than $250,000, or imprisoned for not served on the correspondent bank, and funds ‘‘(1) IN GENERAL.—Any domestic financial more than 5 years, or both.’’. in the correspondent account up to the value institution that maintains a correspondent (2) SECTION 127.—Section 127 of Public Law of the funds deposited into the dollar-de- bank account for a foreign financial institu- 91–508 (12 U.S.C. 1957) is amended to read as nominated account in the foreign financial tion shall maintain records regarding the follows: institution may be seized, arrested or re- names and addresses of the owners of the for- ‘‘SEC. 127. ADDITIONAL CRIMINAL PENALTY IN strained. eign financial institution, and the name and CERTAIN CASES. ‘‘(B) AUTHORITY TO SUSPEND.—The Attor- address of the person who may be served ‘‘A person that willfully violates this chap- ney General, in consultation with the Sec- with a subpoena for records regarding any ter, section 21 of the Federal Deposit Insur- retary, may suspend or terminate a for- funds transferred to or from the cor- ance Act, or a regulation prescribed under feiture under this section if the Attorney respondent account. this chapter or that section 21, while vio- General determines that a conflict of law ex- ‘‘(2) PROVISION TO LAW ENFORCEMENT AGEN- lating another law of the United States or as ists between the laws of the jurisdiction in CY.—A domestic financial institution shall part of a pattern of any illegal activity in- which the foreign bank is located and the provide names and addresses maintained volving more than $100,000 in a 12-month pe- laws of the United States with respect to li- under paragraph (1) to a Government author- riod, shall be fined not more than $500,000, abilities arising from the restraint, seizure, ity (as defined in section 1101(3) of the Right imprisoned for not more than 10 years, or or arrest of such funds, and that such suspen- to Financial Privacy Act of 1978) within 7 both.’’. sion or termination would be in the interest days of the receipt of a request, in writing, SEC. 110. EXCLUSION OF ALIENS INVOLVED IN of justice and would not harm the national for such records. MONEY LAUNDERING. interests of the United States. ‘‘(c) ADMINISTRATIVE SUBPOENA.— (a) IN GENERAL.—Section 212 of the Immi- ‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO ‘‘(1) IN GENERAL.—The Attorney General gration and Nationality Act, as amended (8 TRACE FUNDS.—If a forfeiture action is and the Secretary of the Treasury may each U.S.C. 1182), is amended in subsection (a)(2)— brought against funds that are restrained, issue an administrative subpoena for records (1) by redesignating subparagraphs (D), (E), seized, or arrested under paragraph (1), the relating to the deposit of any funds into a (F), (G), and (H) as subparagraphs (E), (F), Government shall not be required to estab- dollar-denominated account in a foreign fi- (G), (H), and (I), respectively; and lish that such funds are directly traceable to nancial institution that maintains a cor- (2) by inserting after subparagraph (C) the the funds that were deposited into the re- respondent account at a domestic financial following new subparagraph (D): spondent bank, nor shall it be necessary for institution. ‘‘(D) MONEY LAUNDERING ACTIVITIES.— the Government to rely on the application of ‘‘(2) MANNER OF ISSUANCE.—Any subpoena ‘‘(i) IN GENERAL.—Any alien who the con- Section 984 of this title. issued by the Attorney General or the Sec- sular officer or the Attorney General knows ‘‘(3) CLAIMS BROUGHT BY OWNER OF THE retary of the Treasury under paragraph (1) or has reason to believe is or has been en- FUNDS.—If a forfeiture action is instituted shall be issued in the manner described in gaged in activities which if engaged in with- against funds seized, arrested, or restrained section 3486 of title 18, and may be served on in the United States would constitute a vio- under paragraph (1), the owner of the funds the representative designated by the foreign lation of the money laundering provisions may contest the forfeiture by filing a claim financial institution pursuant to subsection section 1956, 1957, or 1960 of title 18, United pursuant to section 983. (a) to accept legal process in the United States Code, or has knowingly assisted, abet- ‘‘(4) DEFINITIONS.—For purposes of this sub- States, or in a foreign country pursuant to ted, or conspired or colluded with others in section, the following definitions shall apply: any mutual legal assistance treaty, multilat- any such illicit activity is inadmissible. ‘‘(A) CORRESPONDENT ACCOUNT.—The term eral agreement, or other request for inter- ‘‘(ii) RELATED INDIVIDUALS.—Any alien who ‘correspondent account’ has the meaning national law enforcement assistance. the consular officer or the Attorney General given to the term ‘interbank account’ in sec- ‘‘(d) CORRESPONDENT ACCOUNT DEFINED.— knows or has reason to believe is the spouse, tion 984(c)(2)(B). For purposes of this section, the term ‘cor- son, or daughter of an alien inadmissible ‘‘(B) OWNER.— respondent account’ has the same meaning under clause (i), has, within the previous 5 ‘‘(i) IN GENERAL.—Except as provided in as the term ‘interbank account’ as such term years, obtained any financial or other ben- clause (ii), the term ‘owner’— is defined in section 984(c)(2)(B) of title 18, efit from such illicit activity of that alien, ‘‘(I) means the person who was the owner, United States Code.’’. and knew or reasonably should have known as that term is defined in section 983(d)(6), of (b) CLERICAL AMENDMENTS.—The table of that the financial or other benefit was the the funds that were deposited into the for- sections for subchapter II of chapter 53 of product of such illicit activity, is inadmis- eign bank at the time such funds were depos- title 31, United States Code, is amended by sible, except that the Attorney General may, ited; and inserting after the item relating to section in the full discretion of the Attorney Gen- ‘‘(II) does not include either the foreign 5331 (as added by section 101) the following eral, waive the exclusion of the spouse, son, bank or any financial institution acting as new item: or daughter of an alien under this clause if an intermediary in the transfer of the funds ‘‘5332. Subpoenas for records.’’. the Attorney General determines that excep- into the interbank account. (c) EFFECTIVE DATE.—Section 5332(a) of tional circumstances exist that justify such ‘‘(ii) EXCEPTION.—The foreign bank may be title 31, United States Code, (as added by waiver.’’. considered the ‘owner’ of the funds (and no subsection (a) of this section shall apply (b) CONFORMING AMENDMENT.—Section other person shall qualify as the owner of after the end of the 30-day period beginning 212(h)(1)(A)(i) of the Immigration and Na- such funds) only if— on the date of the enactment of this Act.

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(d) REQUESTS FOR RECORDS.—Section ‘‘(3) PRESERVATION OF PROPERTY.—To pre- any State financial institutions supervisory 3486(a)(1)(A)(i) of title 18, United States serve the availability of property subject to agency for other than supervisory purposes Code, is amended by striking ‘‘; or (II) a Fed- a foreign forfeiture or confiscation judg- or by United States intelligence agencies. eral offense involving the sexual exploitation ment, the Government may apply for, and However, a report and records of reports are or abuse of children,’’ and inserting ‘‘, (II) a the court may issue, a restraining order pur- exempt from disclosure under section 552 of Federal offense involving the sexual exploi- suant to section 983(j) of title 18, United title 5.’’. tation or abuse of children, or (III) a money States Code, at any time before or after an (d) AMENDMENT RELATING TO THE RETEN- laundering offense in violation of section application is filed pursuant to subsection TION OF RECORDS BY INSURED DEPOSITORY IN- 1956, 1957 or 1960 of this title,’’. (c)(1). The court, in issuing the restraining STITUTIONS.—Section 21(a) of the Federal De- SEC. 113. AUTHORITY TO ORDER CONVICTED order— posit Insurance Act (12 U.S.C. 1829b(a)) is CRIMINAL TO RETURN PROPERTY ‘‘(A) may rely on information set forth in amended— LOCATED ABROAD. an affidavit describing the nature of the pro- (1) in paragraph (1), by inserting ‘‘, or in (a) FORFEITURE OF SUBSTITUTE PROPERTY.— ceeding or investigation underway in the for- the conduct of intelligence or counterintel- Section 413(p) of the Controlled Substances eign country, and setting forth a reasonable ligence activities, including analysis, to pro- Act (21 U.S.C. 853) is amended to read as fol- basis to believe that the property to be re- tect against international terrorism’’ after lows: strained will be named in a judgment of for- ‘‘proceedings’’; and ‘‘(p) FORFEITURE OF SUBSTITUTE PROP- feiture at the conclusion of such proceeding; (2) in paragraph (2), by inserting ‘‘, or in ERTY.— or the conduct of intelligence or counterintel- ‘‘(1) IN GENERAL.—Paragraph (2) of this sub- ‘‘(B) may register and enforce a restraining ligence activities, including analysis, to pro- section shall apply, if any property described order that has been issued by a court of com- tect against international terrorism’’ before in subsection (a), as a result of any act or petent jurisdiction in the foreign country the period at the end. omission of the defendant— and certified by the Attorney General pursu- (e) AMENDMENT RELATING TO THE RETEN- ‘‘(A) cannot be located upon the exercise of ant to subsection (b)(2). TION OF RECORDS BY UNINSURED INSTITU- due diligence; No person may object to the restraining TIONS.—Section 123(a) of Public Law 91–508 ‘‘(B) has been transferred or sold to, or de- order on any ground that is the subject of (12 U.S.C. 1953(a)) is amended by inserting ‘‘, posited with, a third party; parallel litigation involving the same prop- or in the conduct of intelligence or counter- ‘‘(C) has been placed beyond the jurisdic- erty that is pending in a foreign court.’’; intelligence activities, including analysis, to tion of the court; (2) in subsection (b)(1)(C), by striking ‘‘es- protect against international terrorism’’ ‘‘(D) has been substantially diminished in tablishing that the defendant received notice after ‘‘proceedings’’. value; or of the proceedings in sufficient time to en- (f) AMENDMENTS TO THE RIGHT TO FINANCIAL ‘‘(E) has been commingled with other prop- able the defendant’’ and inserting ‘‘estab- PRIVACY ACT.—The Right to Financial Pri- erty which cannot be divided without dif- lishing that the foreign nation took steps, in vacy Act of 1978 is amended— ficulty. accordance with the principles of due proc- (1) in section 1112(a) (12 U.S.C. 3412(a)), by ‘‘(2) SUBSTITUTE PROPERTY.—In any case ess, to give notice of the proceedings to all inserting ‘‘, or intelligence or counterintel- described in any of subparagraphs (A) persons with an interest in the property in ligence activity, investigation or analysis re- through (E) of paragraph (1), the court shall sufficient time to enable such persons’’; lated to international terrorism’’ after ‘‘le- order the forfeiture of any other property of (3) in subsection (d)(1)(D), by striking ‘‘the gitimate law enforcement inquiry’’; the defendant, up to the value of any prop- defendant in the proceedings in the foreign (2) in section 1114(a)(1) (12 U.S.C. erty described in subparagraphs (A) through court did not receive notice’’ and inserting 3414(a)(1))— (E) of paragraph (1), as applicable. ‘‘the foreign nation did not take steps, in ac- (A) in subparagraph (A), by striking ‘‘or’’ ‘‘(3) RETURN OF PROPERTY TO JURISDIC- cordance with the principles of due process, at the end; TION.—In the case of property described in to give notice of the proceedings to a person (B) in subparagraph (B), by striking the pe- paragraph (1)(C), the court may, in addition with an interest in the property’’; and riod at the end and inserting ‘‘; or’’; and to any other action authorized by this sub- (4) in subsection (a)(2)(A), by inserting ‘‘, (C) by adding at the end the following: section, order the defendant to return the any violation of foreign law that would con- ‘‘(C) a Government authority authorized to property to the jurisdiction of the court so stitute a violation of an offense for which conduct investigations of, or intelligence or that the property may be seized and for- property could be forfeited under Federal counterintelligence analyses related to, feited.’’. law if the offense were committed in the international terrorism for the purpose of (b) PROTECTIVE ORDERS.—Section 413(e) of conducting such investigations or anal- the Controlled Substances Act (21 U.S.C. United States’’ after ‘‘United Nations Con- vention’’. yses.’’; and 853(e)) is amended by adding at the end the (3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), SEC. 116. REPORTING PROVISIONS AND ANTI- following: by inserting ‘‘, or for a purpose authorized by ‘‘(4) ORDER TO REPATRIATE AND DEPOSIT.— TERRORIST ACTIVITIES OF UNITED STATES INTELLIGENCE AGENCIES. section 1112(a)’’ before the semicolon at the ‘‘(A) IN GENERAL.—Pursuant to its author- (a) AMENDMENT RELATING TO THE PURPOSES end. ity to enter a pretrial restraining order (g) AMENDMENT TO THE FAIR CREDIT RE- under this section, the court may order a de- OF CHAPTER 53 OF TITLE 31, UNITED STATES CODE.—Section 5311 of title 31, United States PORTING ACT.— fendant to repatriate any property that may (1) IN GENERAL.—The Fair Credit Reporting be seized and forfeited, and to deposit that Code, is amended by inserting before the period at the end the following: ‘‘, or in the Act (15 U.S.C. 1681 et seq.) is amended— property pending trial in the registry of the (A) by redesignating the second of the 2 court, or with the United States Marshals conduct of intelligence or counterintelligence activities, including analysis, to pro- sections designated as section 624 (15 U.S.C. Service or the Secretary of the Treasury, in 1681u) (relating to disclosure to FBI for coun- an interest-bearing account, if appropriate. tect against international terrorism’’. (b) AMENDMENT RELATING TO REPORTING OF terintelligence purposes) as section 625; and ‘‘(B) FAILURE TO COMPLY.—Failure to com- SUSPICIOUS ACTIVITIES.—Section 5318(g)(4)(B) (B) by adding at the end the following new ply with an order under this subsection, or of title 31, United States Code, is amended by section: an order to repatriate property under sub- striking ‘‘or supervisory agency’’ and insert- section (p), shall be punishable as a civil or ‘‘§ 626. Disclosures to governmental agencies ing ‘‘, supervisory agency, or United States criminal contempt of court, and may also re- for counterterrorism purposes intelligence agency for use in the conduct of sult in an enhancement of the sentence of ‘‘(a) DISCLOSURE.—Notwithstanding section intelligence or counterintelligence activi- the defendant under the obstruction of jus- 604 or any other provision of this title, a con- ties, including analysis, to protect against tice provision of the Federal Sentencing sumer reporting agency shall furnish a con- international terrorism’’. Guidelines.’’. sumer report of a consumer and all other in- (c) AMENDMENT RELATING TO AVAILABILITY SEC. 114. CORPORATION REPRESENTED BY A FU- formation in a consumer’s file to a govern- OF REPORTS.—Section 5319 of title 31, United ment agency authorized to conduct inves- GITIVE. States Code, is amended to read as follows: Section 2466 of title 28, United States Code, tigations of, or intelligence or counterintel- is amended by designating the present mat- ‘‘§ 5319. Availability of reports ligence activities or analysis related to, ter as subsection (a), and adding at the end ‘‘The Secretary of the Treasury shall make international terrorism when presented with the following: information in a report filed under this sub- a written certification by such government ‘‘(b) Subsection (a) may be applied to a chapter available to an agency, including agency that such information is necessary claim filed by a corporation if any majority any State financial institutions supervisory for the agency’s conduct or such investiga- shareholder, or individual filing the claim on agency, United States intelligence agency or tion, activity or analysis. behalf of the corporation is a person to self-regulatory organization registered with ‘‘(b) FORM OF CERTIFICATION.—The certifi- whom subsection (a) applies.’’. the Securities and Exchange Commission or cation described in subsection (a) shall be SEC. 115. ENFORCEMENT OF FOREIGN JUDG- the Commodity Futures Trading Commis- signed by a supervisory official designated MENTS. sion, upon request of the head of the agency by the head of a Federal agency or an officer Section 2467 of title 28, United States Code, or organization. The report shall be available of a Federal agency whose appointment to is amended— for a purpose that is consistent with this office is required to be made by the Presi- (1) in subsection (d), by inserting after subchapter. The Secretary may only require dent, by and with the advice and consent of paragraph (2) the following new paragraph: reports on the use of such information by the Senate.

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‘‘(c) CONFIDENTIALITY.—No consumer re- agencies, including financial and other and the financial crimes communications porting agency, or officer, employee, or records developed in specific cases. center maintained by the Financial Crimes agent of such consumer reporting agency, ‘‘(iv) Other privately and publicly avail- Enforcement Network which provide— shall disclose to any person, or specify in able information. ‘‘(1) for the coordinated and efficient trans- any consumer report, that a government ‘‘(C) Analyze and disseminate the available mittal of information to, entry of informa- agency has sought or obtained access to in- data in accordance with applicable legal re- tion into, and withdrawal of information formation under subsection (a). quirements and policies and guidelines es- from, the data maintenance system main- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in tablished by the Secretary of the Treasury tained by the Network, including— section 625 shall be construed to limit the and the Under Secretary for Enforcement ‘‘(A) the submission of reports through the authority of the Director of the Federal Bu- to— Internet or other secure network, whenever reau of Investigation under this section. ‘‘(i) identify possible criminal activity to possible; ‘‘(e) SAFE HARBOR.—Notwithstanding any appropriate Federal, State, local, and foreign ‘‘(B) the cataloguing of information in a other provision of this subchapter, any con- law enforcement agencies; manner that facilitates rapid retrieval by sumer reporting agency or agent or em- ‘‘(ii) support ongoing criminal financial in- law enforcement personnel of meaningful ployee thereof making disclosure of con- vestigations and prosecutions and related data; and sumer reports or other information pursuant proceedings, including civil and criminal tax ‘‘(C) a procedure that provides for a prompt to this section in good-faith reliance upon a and forfeiture proceedings; initial review of suspicious activity reports certification of a governmental agency pur- ‘‘(iii) identify possible instances of non- and other reports, or such other means as suant to the provisions of this section shall compliance with subchapters II and III of not be liable to any person for such disclo- the Secretary may provide, to identify infor- chapter 53 of this title, chapter 2 of title I of mation that warrants immediate action; and sure under this subchapter, the constitution Public Law 91–508, and section 21 of the Fed- of any State, or any law or regulation of any ‘‘(2) in accordance with section 552a of title eral Deposit Insurance Act to Federal agen- 5 and the Right to Financial Privacy Act of State or any political subdivision of any cies with statutory responsibility for enforc- State.’’. 1978, appropriate standards and guidelines ing compliance with such provisions and (2) CLERICAL AMENDMENTS.—The table of for determining— other appropriate Federal regulatory agen- sections for the Fair Credit Reporting Act ‘‘(A) who is to be given access to the infor- cies; (15 U.S.C. 1681 et seq.) is amended— mation maintained by the Network; ‘‘(iv) evaluate and recommend possible (A) by redesignating the second of the 2 ‘‘(B) what limits are to be imposed on the uses of special currency reporting require- items designated as section 624 as section use of such information; and ments under section 5326; 625; and ‘‘(C) how information about activities or ‘‘(v) determine emerging trends and meth- (B) by inserting after the item relating to relationships which involve or are closely as- ods in money laundering and other financial section 625 (as so redesignated) the following sociated with the exercise of constitutional crimes; new item: rights is to be screened out of the data main- ‘‘(vi) support the conduct of intelligence or ‘‘626. Disclosures to governmental agencies tenance system. counterintelligence activities, including ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— for counterterrorism pur- analysis, to protect against international There are authorized to be appropriated for poses.’’. terrorism; and the Financial Crimes Enforcement Network (h) APPLICATION OF AMENDMENTS.—The ‘‘(vii) support government initiatives such sums as may be necessary for fiscal amendments made by this section shall against money laundering. years 2002, 2003, 2004, and 2005.’’. apply with respect to reports filed or records ‘‘(D) Establish and maintain a financial (b) COMPLIANCE WITH EXISTING REPORTS maintained on, before, or after the date of crimes communications center to furnish COMPLIANCE.—The Secretary of the Treasury the enactment of this Act. law enforcement authorities with intel- shall study methods for improving compli- SEC. 117. FINANCIAL CRIMES ENFORCEMENT ligence information related to emerging or ance with the reporting requirements estab- NETWORK. ongoing investigations and undercover oper- lished in section 5314 of title 31, United (a) IN GENERAL.—Subchapter I of chapter 3 ations. States Code, and shall submit a report on of title 31, United States Code, is amended— ‘‘(E) Furnish research, analytical, and in- such study to the Congress by the end of the (1) by redesignating section 310 as section formational services to financial institu- 6-month period beginning on the date of the 311; and tions, appropriate Federal regulatory agen- enactment of this Act and each 1-year period (2) by inserting after section 309 the fol- cies with regard to financial institutions, thereafter. The initial report shall include lowing new section: and appropriate Federal, State, local, and historical data on compliance with such re- ‘‘§ 310. Financial Crimes Enforcement Net- foreign law enforcement authorities, in ac- porting requirements. work cordance with policies and guidelines estab- (c) CLERICAL AMENDMENT.—The table of ‘‘(a) IN GENERAL.—The Financial Crimes lished by the Secretary of the Treasury or sections for subchapter I of chapter 3 of title Enforcement Network established by order the Under Secretary of the Treasury for En- 31, United States Code, is amended— of the Secretary of the Treasury (Treasury forcement, in the interest of detection, pre- (1) by redesignating the item relating to Order Numbered 105-08) on April 25, 1990, vention, and prosecution of terrorism, orga- section 310 as section 311; and shall be a bureau in the Department of the nized crime, money laundering, and other fi- (2) by inserting after the item relating to Treasury. nancial crimes. section 309 the following new item: ‘‘(b) DIRECTOR.— ‘‘(F) Establish and maintain a special unit ‘‘310. Financial Crimes Enforcement Net- ‘‘(1) APPOINTMENT.—The head of the Finan- dedicated to assisting Federal, State, local, work’’. cial Crimes Enforcement Network shall be and foreign law enforcement and regulatory SEC. 118. PROHIBITION ON FALSE STATEMENTS the Director who shall be appointed by the authorities in combatting the use of infor- TO FINANCIAL INSTITUTIONS CON- Secretary of the Treasury. mal, nonbank networks and payment and CERNING THE IDENTITY OF A CUS- ‘‘(2) DUTIES AND POWERS.—The duties and barter system mechanisms that permit the TOMER. powers of the Director are as follows: transfer of funds or the equivalent of funds (a) IN GENERAL.—Chapter 47 of title 18, ‘‘(A) Advise and make recommendations on without records and without compliance United States Code, is amended by inserting after section 1007 the following: matters relating to financial intelligence, fi- with criminal and tax laws. nancial criminal activities, and other finan- ‘‘(G) Provide computer and data support ‘‘§ 1008. False statements concerning the iden- cial activities to the Under Secretary for En- and data analysis to the Secretary of the tity of customers of financial institutions forcement. Treasury for tracking and controlling for- ‘‘(a) IN GENERAL.—Whoever, in connection ‘‘(B) Maintain a government-wide data ac- eign assets. with information submitted to or requested cess service, with access, in accordance with ‘‘(H) Coordinate with financial intelligence by a financial institution, knowingly in any applicable legal requirements, to the fol- units in other countries on anti-terrorism manner— lowing: and anti-money laundering initiatives, and ‘‘(1) falsifies, conceals, or covers up, or at- ‘‘(i) Information collected by the Depart- similar efforts. tempts to falsify, conceal, or cover up, the ment of the Treasury, including report infor- ‘‘(I) Administer the requirements of sub- identity of any person in connection with mation filed under subchapters II and III of chapters II and III of chapter 53 of this title, any transaction with a financial institution; chapter 53 of this title (such as reports on chapter 2 of title I of Public Law 91–508, and ‘‘(2) makes, or attempts to make, any ma- cash transactions, foreign financial agency section 21 of the Federal Deposit Insurance terially false, fraudulent, or fictitious state- transactions and relationships, foreign cur- Act, to the extent delegated such authority ment or representation of the identity of any rency transactions, exporting and importing by the Secretary of the Treasury. person in connection with a transaction with monetary instruments, and suspicious ac- ‘‘(J) Such other duties and powers as the a financial institution; tivities), chapter 2 of title I of Public Law Secretary of the Treasury may delegate or ‘‘(3) makes or uses, or attempts to make or 91–508, and section 21 of the Federal Deposit prescribe. use, any false writing or document knowing Insurance Act. ‘‘(c) REQUIREMENTS RELATING TO MAINTE- the same to contain any materially false, ‘‘(ii) Information regarding national and NANCE AND USE OF DATA BANKS.—The Sec- fictitious, or fraudulent statement or entry international currency flows. retary of the Treasury shall establish and concerning the identity of any person in con- ‘‘(iii) Other records and data maintained maintain operating procedures with respect nection with a transaction with a financial by other Federal, State, local, and foreign to the government-wide data access service institution; or

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‘‘(4) uses or presents, or attempts to use or regulator (as defined in section 509 of the (2) SCOPE OF APPLICATION.—The amend- present, in connection with a transaction Gramm-Leach-Bliley Act, including the ment made by paragraph (1) shall apply with with a financial institution, an identifica- Commodity Futures Trading Commission) respect to any application submitted to the tion document or means of identification the appropriate for such financial institution. responsible agency under section 18(c) of the possession of which is a violation of section ‘‘(5) EXEMPTIONS.—The Secretary of the Federal Deposit Insurance Act after Decem- 1028; Treasury (and, in the case of any financial ber 31, 2000, which has not been approved by shall be fined under this title, imprisoned institution described in paragraph (4), any all appropriate responsible agencies before not more than 5 years, or both. Federal agency described in such paragraph) the date of the enactment of this Act. ‘‘(b) DEFINITIONS.—In this section, the fol- may, by regulation or order, exempt any fi- SEC. 121. REPORTING OF SUSPICIOUS ACTIVITIES lowing definitions shall apply: nancial institution or type of account from BY INFORMAL UNDERGROUND ‘‘(1) FINANCIAL INSTITUTION.—The term ‘fi- the requirements of any regulation pre- BANKING SYSTEMS, SUCH AS nancial institution’— scribed under this subsection in accordance HAWALAS. ‘‘(A) has the same meaning as in section 20; with such standards and procedures as the (a) DEFINITION FOR SUBCHAPTER.—Subpara- and Secretary may prescribe. graph (R) of section 5312(a)(2) of title 31, ‘‘(B) in addition, has the same meaning as ‘‘(6) EFFECTIVE DATE.—Final regulations United States Code, is amended to read as in section 5312(a)(2) of title 31, United States prescribed under this subsection shall take follows: Code. effect before the end of the 1-year period be- ‘‘(R) a licensed sender of money or any other person who engages as a business in ‘‘(2) IDENTIFICATION DOCUMENT.—The term ginning on the date of the enactment of the ‘identification document’ has the same Financial Anti-Terrorism Act of 2001.’’. the transmission of funds, including through meaning as in section 1028(d). (b) STUDY AND REPORT REQUIRED.—Within 6 an informal value transfer banking system or network of people facilitating the transfer ‘‘(3) MEANS OF IDENTIFICATION.—The term months after the date of the enactment of ‘means of identification’ has the same mean- this Act, the Secretary of the Treasury, in of value domestically or internationally out- ing as in section 1028(d).’’. consultation with the Federal functional side of the conventional financial institu- (b) TECHNICAL AND CONFORMING AMEND- regulators (as defined in section 509 of the tions system;’’. (b) MONEY TRANSMITTING BUSINESS.—Sec- MENTS.— Gramm-Leach-Bliley Act) and other appro- tion 5330(d)(1)(A) of title 31, United States (1) TITLE 18, UNITED STATES CODE.—Section priate Government agencies, shall submit a 1956(c)(7)(D) of title 18, United States Code, is report to the Congress containing rec- Code, is amended by inserting before the amended by striking ‘‘1014 (relating to fraud- ommendations for— semicolon the following: ‘‘or any other per- ulent loan’’ and inserting ‘‘section 1008 (re- (1) determining the most timely and effec- son who engages as a business in the trans- lating to false statements concerning the tive way to require foreign nationals to pro- mission of funds, including through an infor- identity of customers of financial institu- vide domestic financial institutions and mal value transfer banking system or net- tions), section 1014 (relating to fraudulent agencies with appropriate and accurate in- work of people facilitating the transfer of loan’’. formation, comparable to that which is re- value domestically or internationally outside of the conventional financial institu- (2) TABLE OF SECTIONS.—The table of sec- quired of United States nationals, con- tions for chapter 47 of title 18, United States cerning their identity, address, and other re- tions system’’. (c) APPLICABILITY OF RULES.—Section 5318 Code, is amended by inserting after the item lated information necessary to enable such of title 31, United States Code, as amended relating to section 1007 the following: institutions and agencies to comply with the requirements of this section; by this Act, is amended by adding at the end ‘‘1008. False statements concerning the iden- (2) requiring foreign nationals to apply for the following: tity of customers of financial and obtain, before opening an account with a ‘‘(l) APPLICABILITY OF RULES.—Any rules institutions.’’. domestic financial institution, an identifica- prescribed pursuant to the authority con- SEC. 119. VERIFICATION OF IDENTIFICATION. tion number which would function similarly tained in section 21 of the Federal Deposit (a) IN GENERAL.—Section 5318 of title 31, to a Social Security number or tax identi- Insurance Act shall apply, in addition to any United States Code, is amended by adding at fication number; and other financial institution to which such the end the following new subsection: (3) establishing a system for domestic fi- rules apply, to any person that engages as a ‘‘(i) IDENTIFICATION AND VERIFICATION OF nancial institutions and agencies to review business in the transmission of funds, includ- ACCOUNTHOLDERS.— information maintained by relevant Govern- ing through an informal value transfer bank- ‘‘(1) IN GENERAL.—Subject to the requirement agencies for purposes of verifying the ing system or network of people facilitating ments of this subsection, the Secretary of identities of foreign nationals seeking to the transfer of value domestically or inter- the Treasury shall prescribe regulations set- open accounts at those institutions and nationally outside of the conventional finan- ting forth the minimum standards regarding agencies. cial institutions system.’’. customer identification that shall apply in (d) REPORT.—Not later than 1 year after SEC. 120. CONSIDERATION OF ANTI-MONEY LAUN- connection with the opening of an account at DERING RECORD. the date of enactment of this Act, the Sec- a financial institution. (a) BANK HOLDING COMPANY ACT OF 1956.— retary of the Treasury shall report to Con- ‘‘(2) MINIMUM REQUIREMENTS.—The regula- (1) IN GENERAL.—Section 3(c) of the Bank gress on the need for any additional legisla- tions shall, at a minimum, require financial Holding Company Act of 1956 (12 U.S.C. tion relating to— institutions to implement procedures for— 1842(c)) is amended by adding at the end the (1) informal value transfer banking sys- ‘‘(A) verifying the identity of any person following new paragraph: tems or networks of people facilitating the seeking to open an account to the extent ‘‘(6) MONEY LAUNDERING.—In every case the transfer of value domestically or inter- reasonable and practicable; Board shall take into consideration the ef- nationally outside of the conventional finan- ‘‘(B) maintaining records of the informa- fectiveness of the company or companies in cial institutions system; tion used to verify a person’s identity, in- combatting and preventing money laun- (2) anti-money laundering controls; and cluding name, address, and other identifying dering activities, including in overseas (3) regulatory controls relating to under- information; branches.’’. ground money movement and banking sys- ‘‘(C) consulting lists of known or suspected (2) SCOPE OF APPLICATION.—The amend- tems, such as the system referred to as terrorists or terrorist organizations provided ment made by paragraph (1) shall apply with ‘‘hawala’’, including whether the threshold to the financial institution by any govern- respect to any application submitted to the for the filing of suspicious activity reports ment agency to determine whether a person Board of Governors of the Federal Reserve under section 5318(g) of title 31, United seeking to open an account appears on any System under section 3 of the Bank Holding States Code should be lowered in the case of such list. Company Act of 1956 after December 31, 2000, such systems. ‘‘(3) FACTORS TO BE CONSIDERED.—In pre- which has not been approved by the Board SEC. 122. UNIFORM PROTECTION AUTHORITY scribing regulations under this subsection, before the date of the enactment of this Act. FOR FEDERAL RESERVE FACILITIES. the Secretary shall take into consideration (b) MERGERS SUBJECT TO REVIEW UNDER Section 11 of the Federal Reserve Act (12 the various types of accounts maintained by FEDERAL DEPOSIT INSURANCE ACT.— U.S.C. 248) is amended by adding at the end various types of financial institutions, the (1) IN GENERAL.—Section 18(c) of the Fed- the following: various methods of opening accounts, and eral Deposit Insurance Act (12 U.S.C. 1828(c)) ‘‘(q) UNIFORM PROTECTION AUTHORITY FOR the various types of identifying information is amended— FEDERAL RESERVE FACILITIES.— available. (A) by redesignating paragraph (11) as ‘‘(1) Notwithstanding any other provision ‘‘(4) CERTAIN FINANCIAL INSTITUTIONS.—In paragraph (12); and of law, to authorize personnel to act as law the case of any financial institution the (B) by inserting after paragraph (10), the enforcement officers to protect and safe- business of which is engaging in financial ac- following new paragraph: guard the premises, grounds, property, per- tivities described in section 4(k) of the Bank ‘‘(11) MONEY LAUNDERING.—In every case, sonnel, including members of the Board, of Holding Company Act of 1956 (including fi- the responsible agency shall take into con- the Board, or any Federal reserve bank, and nancial activities subject to the jurisdiction sideration the effectiveness of any insured operations conducted by or on behalf of the of the Commodity Futures Trading Commis- depository institution involved in the pro- Board or a reserve bank. sion), the regulations prescribed by the Sec- posed merger transaction in combatting and ‘‘(2) The Board may, subject to the regula- retary under paragraph (1) shall be pre- preventing money laundering activities, in- tions prescribed under paragraph (5), dele- scribed jointly with each Federal functional cluding in overseas branches.’’. gate authority to a Federal reserve bank to

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authorize personnel to act as law enforce- ‘‘(d) CURRENCY INCLUDES FOREIGN CUR- (D) Section 982(a)(1) of title 18, United ment officers to protect and safeguard the RENCY AND CERTAIN MONETARY INSTRU- States Code, is amended by inserting ‘‘5333,’’ bank’s premises, grounds, property, per- MENTS.— after ‘‘5313(a),’’. sonnel, and operations conducted by or on ‘‘(1) IN GENERAL.—For purposes of this sec- (c) CLERICAL AMENDMENT.—The tables of behalf of the bank. tion, the term ‘currency’ includes— sections for chapter 53 of title 31, United ‘‘(3) Law enforcement officers designated ‘‘(A) foreign currency; and States Code, is amended by inserting after or authorized by the Board or a reserve bank ‘‘(B) to the extent provided in regulations the item relating to section 5332 (as added by under paragraph (1) or (2) are authorized prescribed by the Secretary, any monetary section 112 of this title) the following new while on duty to carry firearms and make ar- instrument (whether or not in bearer form) item: rests without warrants for any offense with a face amount of not more than $10,000. against the United States committed in ‘‘(2) SCOPE OF APPLICATION.—Paragraph ‘‘5333. Reports relating to coins and currency their presence, or for any felony cognizable (1)(B) shall not apply to any check drawn on received in nonfinancial trade under the laws of the United States com- the account of the writer in a financial insti- or business.’’. mitted or being committed within the build- tution referred to in subparagraph (A), (B), (f) REGULATIONS.—Regulations which the ings and grounds of the Board or a reserve (C), (D), (E), (F), (G), (J), (K), (R), or (S) of Secretary of the Treasury determines are bank if they have reasonable grounds to be- section 5312(a)(2).’’. necessary to implement this section shall be lieve that the person to be arrested has com- (b) PROHIBITION ON STRUCTURING TRANS- published in final form before the end of the mitted or is committing such a felony. Such ACTIONS.— 6-month period beginning on the date of the officers shall have access to law enforcement (1) IN GENERAL.—Section 5324 of title 31, enactment of this Act. information that may be necessary for the United States Code, is amended— protection of the property or personnel of (A) by redesignating subsections (b) and (c) TITLE II—PUBLIC-PRIVATE COOPERATION the Board or a reserve bank. as subsections (c) and (d), respectively; and SEC. 201. ESTABLISHMENT OF HIGHLY SECURE ‘‘(4) For purposes of this subsection, the (B) by inserting after subsection (a) the NETWORK. term ‘law enforcement officers’ means per- following new subsection: (a) IN GENERAL.—The Secretary of the sonnel who have successfully completed law ‘‘(b) DOMESTIC COIN AND CURRENCY TRANS- Treasury shall establish a highly secure net- enforcement training and are authorized to ACTIONS INVOLVING NONFINANCIAL TRADES OR work in the Financial Crimes Enforcement carry firearms and make arrests pursuant to BUSINESSES.—No person shall for the purpose Network that— this subsection. of evading the report requirements of section (1) allows financial institutions to file re- ‘‘(5) The law enforcement authorities pro- 5333 or any regulation prescribed under such ports required under subchapter II or III of vided for in this subsection may be exercised section— chapter 53 of title 31, United States Code, only pursuant to regulations prescribed by ‘‘(1) cause or attempt to cause a non- chapter 2 of title I of Public Law 91–508, or the Board and approved by the Attorney financial trade or business to fail to file a re- section 21 of the Federal Deposit Insurance General.’’. port required under section 5333 or any regu- Act through the network; and SEC. 123. REPORTS RELATING TO COINS AND lation prescribed under such section; (2) provides financial institutions with CURRENCY RECEIVED IN NON- ‘‘(2) cause or attempt to cause a non- alerts and other information regarding sus- FINANCIAL TRADE OR BUSINESS. financial trade or business to file a report re- picious activities that warrant immediate (a) REPORTS REQUIRED.—Subchapter II of quired under section 5333 or any regulation and enhanced scrutiny. chapter 53 of title 31, United States Code, is prescribed under such section that contains (b) EXPEDITED DEVELOPMENT.—The Sec- amended by inserting after section 5332 (as a material omission or misstatement of fact; retary of the Treasury shall take such action added by section 112 of this title) the fol- or as may be necessary to ensure that the lowing new section: ‘‘(3) structure or assist in structuring, or website required under subsection (a) is fully ‘‘SEC. 5333. REPORTS RELATING TO COINS AND attempt to structure or assist in structuring, operational before the end of the 9-month pe- CURRENCY RECEIVED IN NON- any transaction with 1 or more nonfinancial riod beginning on the date of the enactment FINANCIAL TRADE OR BUSINESS. trades or businesses.’. of this Act. ‘‘(a) COIN AND CURRENCY RECEIPTS OF MORE (2) TECHNICAL AND CONFORMING AMEND- THAN $10,000.—Any person— MENTS.— SEC. 202. REPORT ON IMPROVEMENTS IN DATA ‘‘(1) who is engaged in a trade or business; (A) The heading for subsection (a) of sec- ACCESS AND OTHER ISSUES. and tion 5324 of title 31, United States Code, is Before the end of the 6-month period begin- ‘‘(2) who, in the course of such trade or amended by inserting ‘‘INVOLVING FINANCIAL ning on the date of the enactment of this business, receives more than $10,000 in coins INSTITUTIONS’’ after ‘‘TRANSACTIONS’. Act, the Secretary of the Treasury, after or currency in 1 transaction (or 2 or more re- (B) Section 5317(c) of title 31, United States consulting with appropriate Federal func- lated transactions), Code, is amended by striking ‘‘5324(b)’’ and tional regulators (as defined in section 509 of shall file a report described in subsection (b) inserting ‘‘5324(c)’’. the Gramm-Leach-Bliley Act), shall report with respect to such transaction (or related (c) DEFINITION OF NONFINANCIAL TRADE OR to the Congress on the following issues: transactions) with the Financial Crimes En- BUSINESS.— (1) DATA COLLECTION AND ANALYSIS.— forcement Network at such time and in such (1) IN GENERAL.—Section 5312(a) of title 31, Progress made since such date of enactment manner as the Secretary may, by regulation, United States Code, is amended— in meeting the requirements of section 310(c) prescribe. (A) by redesignating paragraphs (4) and (5) of title 31, United States Code (as added by ‘‘(b) FORM AND MANNER OF REPORTS.—A re- as paragraphs (5) and (6), respectively; and this Act). port is described in this subsection if such (B) by inserting after paragraph (3) the fol- (2) BARRIERS TO EXCHANGE OF FINANCIAL report— lowing new paragraph: CRIME INFORMATION.—Technical, legal, and ‘‘(1) is in such form as the Secretary may ‘‘(4) NONFINANCIAL TRADE OR BUSINESS.— other barriers to the exchange of financial prescribe; The term ‘nonfinancial trade or business’ crime prevention and detection information ‘‘(2) contains— means any trade or business other than a fi- among and between Federal law enforcement ‘‘(A) the name and address, and such other nancial institution that is subject to the re- agencies, including an identification of all identification information as the Secretary porting requirements of section 5313 and reg- Federal law enforcement data systems be- may require, of the person from whom the ulations prescribed under such section.’’. tween which or among which data cannot be coins or currency was received; (2) TECHNICAL AND CONFORMING AMEND- shared for whatever reason. ‘‘(B) the amount of coins or currency re- MENTS.— (3) PRIVATE BANKING.—Private banking ac- ceived; (A) Section 5312(a)(3)(C) of title 31, United tivities in the United States, including infor- ‘‘(C) the date and nature of the trans- States Code, is amended by striking ‘‘section mation on the following: action; and 5316,’’ and inserting ‘‘sections 5333 and 5316,’’. (A) The nature and extent of private bank- ‘‘(D) such other information, including the (B) Subsections (a) through (f) of section ing activities in the United States. identification of the person filing the report, 5318 of title 31, United States Code, and sec- (B) Regulatory efforts to monitor private as the Secretary may prescribe. tions 5321, 5326, and 5328 of such title are banking activities and ensure that such ac- ‘‘(c) EXCEPTIONS.— each amended— tivities are conducted in compliance with ‘‘(1) AMOUNTS RECEIVED BY FINANCIAL INSTI- (i) by inserting ‘‘or nonfinancial trade or subchapter II of chapter 53 of title 31, United TUTIONS.—Subsection (a) shall not apply to business’’ after ‘‘financial institution’’ each States Code, and section 21 of the Federal amounts received in a transaction reported place such term appears; and Deposit Insurance Act. under section 5313 and regulations prescribed (ii) by inserting ‘‘or nonfinancial trades or (C) With regard to financial institutions under such section. businesses’’ after ‘‘financial institutions’’ that offer private banking services, the poli- ‘‘(2) TRANSACTIONS OCCURRING OUTSIDE THE each place such term appears. cies and procedures of such institutions that UNITED STATES.—Except to the extent pro- (C) Section 981(a)(1)(A) of title 18, United are designed to ensure compliance with the vided in regulations prescribed by the Sec- States Code, is amended by striking ‘‘5313(a) requirements of subchapter II of chapter 53 retary, subsection (a) shall not apply to any or 5324(a) of title 31,’’ and inserting ‘‘5313(a) of title 31, United States Code, and section 21 transaction if the entire transaction occurs or 5333 of title 31, or subsection (a) or (b) of of the Federal Deposit Insurance Act with outside the United States. section 5324 of such title,’’. respect to private banking activity.

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REPORTS TO THE FINANCIAL SERVICES Bank Secrecy Act Advisory Group, or as a any constitution, law, or regulation of any INDUSTRY ON SUSPICIOUS FINAN- subcommittee or other adjunct of the Advi- State or political subdivision of any State, CIAL ACTIVITIES. sory Group, for a task force of representa- or under any contract or other legally en- At least once each calendar quarter, the tives from agencies and officers represented forceable agreement (including any arbitra- Secretary of the Treasury shall— on the Advisory Group, a representative of tion agreement), for such disclosure or for (1) publish a report containing a detailed the Director of the Office of Homeland Secu- any failure to provide notice of such disclo- analysis identifying patterns of suspicious rity, and representatives of financial institu- sure to any person. activity and other investigative insights de- tions, private organizations that represent ‘‘(B) RULE OF CONSTRUCTION.—Subpara- rived from suspicious activity reports and in- the financial services industry, and other in- graph (A) shall not be construed as vestigations conducted by Federal, State, terested parties to focus on— creating— and local law enforcement agencies to the ‘‘(A) issues specifically related to the fi- ‘‘(i) any inference that the term ‘person’, extent appropriate; and nances of terrorist groups, the means ter- as used in such subparagraph, may be con- (2) distribute such report to financial insti- rorist groups use to transfer funds around strued more broadly than its ordinary usage tutions (as defined in section 5312 of title 31, the world and within the United States, in- so to include any government or agency of United States Code). cluding through the use of charitable organi- government; or SEC. 204. EFFICIENT USE OF CURRENCY TRANS- zations, nonprofit organizations, and non- ‘‘(ii) any immunity against, or otherwise ACTION REPORT SYSTEM. governmental organizations, and the extent affecting, any civil or criminal action (a) FINDINGS.—The Congress finds the fol- to which financial institutions in the United brought by any government or agency of lowing: States are unwittingly involved in such fi- government to enforce any constitution, law, (1) The Congress established the currency nances and the extent to which such institu- or regulation of such government or agen- transaction reporting requirements in 1970 tions are at risk as a result; cy.’’. because the Congress found then that such ‘‘(B) the relationship, particularly the fi- (b) PROHIBITION ON NOTIFICATION OF DISCLO- reports have a high degree of usefulness in nancial relationship, between international SURES.—Section 5318(g)(2) of title 31, United criminal, tax, and regulatory investigations narcotics traffickers and foreign terrorist or- States Code, is amended to read as follows: and proceedings and the usefulness of such ganizations, the extent to which their mem- ‘‘(2) NOTIFICATION PROHIBITED.— reports has only increased in the years since berships overlap and engage in joint activi- ‘‘(A) IN GENERAL.—If a financial institution the requirements were established. ties, and the extent to which they cooperate or any director, officer, employee, or agent (2) In 1994, in response to reports and testi- with each other in raising and transferring of any financial institution, voluntarily or mony that excess amounts of currency trans- funds for their respective purposes; and pursuant to this section or any other author- action reports were interfering with effective ‘‘(C) means of facilitating the identifica- ity, reports a suspicious transaction to a law enforcement, the Congress reformed the tion of accounts and transactions involving government agency— currency transaction report exemption re- terrorist groups and facilitating the ex- ‘‘(i) the financial institution, director, offi- quirements to provide— change of information concerning such ac- cer, employee, or agent may not notify any (A) mandatory exemptions for certain recounts and transactions between financial person involved in the transaction that the ports that had little usefulness for law en- institutions and law enforcement organiza- transaction has been reported; and forcement, such as cash transfers between tions. ‘‘(ii) no officer or employee of the Federal depository institutions and cash deposits ‘‘(2) APPLICABILITY OF OTHER PROVISIONS.— Government or of any State, local, tribal, or from government agencies; and Sections 552, 552a, and 552b of title 5, United territorial government within the United (B) discretionary authority for the Sec- States Code, and the Federal Advisory Com- States, who has any knowledge that such re- retary of the Treasury to provide exemp- mittee Act shall not apply to the task force port was made may disclose to any person tions, subject to criteria and guidelines es- established pursuant to paragraph (1).’’. involved in the transaction that the trans- tablished by the Secretary, for financial inaction has been reported other than as nec- stitutions with regard to regular business SEC. 206. SUSPICIOUS ACTIVITY REPORTING RE- QUIREMENTS. essary to fulfill the official duties of such of- customers that maintain accounts at an in- ficer or employee. stitution into which frequent cash deposits (a) DEADLINE FOR SUSPICIOUS ACTIVITY RE- ‘‘(B) DISCLOSURES IN CERTAIN EMPLOYMENT are made. PORTING REQUIREMENTS FOR REGISTERED BRO- REFERENCES.—Notwithstanding the applica- (3) Today there is evidence that some fi- KERS AND DEALERS.—The Secretary of the tion of subparagraph (A) in any other con- nancial institutions are not utilizing the ex- Treasury, in consultation with the Securi- text, subparagraph (A) shall not be construed emption system, or are filing reports even if ties and Exchange Commission, shall publish as prohibiting any financial institution, or there is an exemption in effect, with the re- proposed regulations in the Federal Register any director, officer, employee, or agent of sult that the volume of currency transaction before January 1, 2002, requiring brokers and such institution, from including, in a written reports is once again interfering with effec- dealers registered with the Securities and employment reference that is provided in active law enforcement. Exchange Commission under the Securities (b) STUDY AND REPORT.— Exchange Act of 1934 to submit suspicious cordance with section 18(v) of the Federal (1) STUDY REQUIRED.—The Secretary of the activity reports under section 5318(g) of title Deposit Insurance Act in response to a re- Treasury shall conduct a study of— 31, United States Code. Such regulations quest from another financial institution or a (A) the possible expansion of the statutory shall be published in final form no later than written termination notice or employment exemption system in effect under 5313 of title June 1, 2002. reference that is provided in accordance with 31, United States Code; and (b) SUSPICIOUS ACTIVITY REPORTING RE- the rules of the self-regulatory organizations (B) methods for improving financial insti- QUIREMENTS FOR FUTURES COMMISSION MER- registered with the Securities and Exchange tution utilization of the statutory exemption CHANTS, COMMODITY TRADING ADVISORS, AND Commission or the Commodity Futures provisions as a way of reducing the submis- COMMODITY POOL OPERATORS.—The Secretary Trading Commission, information that was sion of currency transaction reports that of the Treasury, in consultation with the included in a report to which subparagraph have little or no value for law enforcement Commodity Futures Trading Commission, (A) applies, but such written employment purposes, including improvements in the sys- may prescribe regulations requiring futures reference may not disclose that such infor- tems in effect at financial institutions for commission merchants, commodity trading mation was also included in any such report regular review of the exemption procedures advisors, and commodity pool operators reg- or that such report was made.’’. used at the institution and the training of istered under the Commodity Exchange Act SEC. 208. AUTHORIZATION TO INCLUDE SUS- personnel in its effective use. to submit suspicious activity reports under PICIONS OF ILLEGAL ACTIVITY IN (2) REPORT REQUIRED.—The Secretary of section 5318(g) of title 31, United States WRITTEN EMPLOYMENT REF- the Treasury shall submit a report to the Code. ERENCES. Congress before the end of the 90-day period SEC. 207. AMENDMENTS RELATING TO REPORT- Section 18 of the Federal Deposit Insurance beginning on the date of the enactment of ING OF SUSPICIOUS ACTIVITIES. Act (12 U.S.C. 1828) is amended by adding at this Act containing the findings and conclu- (a) AMENDMENT RELATING TO CIVIL LIABIL- the end the following new subsection: sions of the Secretary with regard to the ITY IMMUNITY FOR DISCLOSURES.—Section ‘‘(w) WRITTEN EMPLOYMENT REFERENCES study required under subsection (a) and such 5318(g)(3) of title 31, United States Code, is MAY CONTAIN SUSPICIONS OF INVOLVEMENT IN recommendations for legislative or adminis- amended to read as follows: ILLEGAL ACTIVITY.— trative action as the Secretary determines ‘‘(3) LIABILITY FOR DISCLOSURES.— ‘‘(1) IN GENERAL.—Notwithstanding any to be appropriate. ‘‘(A) IN GENERAL.—Any financial institu- other provision of law, any insured deposi- SEC. 205. PUBLIC-PRIVATE TASK FORCE ON TER- tion that makes a voluntary disclosure of tory institution, and any director, officer, RORIST FINANCING ISSUES. any possible violation of law or regulation to employee, or agent of such institution, may Section 1564 of the Annunzio—Wylie Anti- a government agency or makes a disclosure disclose in any written employment ref- Money Laundering Act (31 U.S.C. 5311 note) pursuant to this subsection or any other au- erence relating to a current or former insti- is amended by adding at the end the fol- thority, and any director, officer, employee, tution-affiliated party of such institution lowing new subsection: or agent of such institution who makes, or which is provided to another insured deposi- ‘‘(d) TERRORIST FINANCING ISSUES.— requires another to make any such disclo- tory institution in response to a request ‘‘(1) IN GENERAL.—The Secretary of the sure, shall not be liable to any person under from such other institution, information Treasury shall provide, either within the any law or regulation of the United States, concerning the possible involvement of such

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institution-affiliated party in potentially ‘‘(1) IN GENERAL.—The Secretary may re- ‘‘(A) IN GENERAL.—The Secretary may re- unlawful activity, to the extent— quire domestic financial institutions and do- quire any domestic financial institution or ‘‘(A) the disclosure does not contain infor- mestic financial agencies to take 1 or more domestic financial agency to maintain mation which the institution, director, offi- of the special measures described in sub- records, file reports, or both, concerning the cer, employee, or agent knows to be false; section (b) if the Secretary finds that reason- aggregate amount of transactions, or con- and able grounds exist for concluding that a ju- cerning each transaction, with respect to a ‘‘(B) the institution, director, officer, em- risdiction outside of the United States, 1 or jurisdiction outside of the United States, 1 ployee, or agent has not acted with malice or more financial institutions operating outside or more financial institutions operating out- with reckless disregard for the truth in mak- of the United States, 1 or more classes of side of the United States, 1 or more classes ing the disclosure. transactions within, or involving, a jurisdic- of transactions within, or involving, a juris- ‘‘(2) DEFINITION.—For purposes of this sub- tion outside of the United States, or 1 or diction outside of the United States, or 1 or section, the term ‘insured depository institu- more types of accounts is of primary money more types of accounts if the Secretary finds tion’ includes any uninsured branch or agen- laundering concern, in accordance with sub- any such jurisdiction, institution, or class of cy of a foreign bank.’’. section (c). transactions to be of primary money laun- SEC. 209. INTERNATIONAL COOPERATION ON ‘‘(2) FORM OF REQUIREMENT.—The special dering concern. IDENTIFICATION OF ORIGINATORS measures described in— ‘‘(B) FORM OF RECORDS AND REPORTS.—Such OF WIRE TRANSFERS. ‘‘(A) subsection (b) may be imposed in such records and reports shall be made and re- The Secretary of the Treasury shall— sequence or combination as the Secretary tained at such time, in such manner, and for (1) in consultation with the Attorney Gen- shall determine; such period of time, as the Secretary shall eral and the Secretary of State, take all rea- ‘‘(B) paragraphs (1) through (4) of sub- determine, and shall include such informa- sonable steps to encourage foreign govern- section (b) may be imposed by regulation, tion as the Secretary may determine, ments to require the inclusion of the name of order, or otherwise as permitted by law; and including— the originator in wire transfer instructions ‘‘(C) subsection (b)(5) may be imposed only ‘‘(i) the identity and address of the partici- sent to the United States and other coun- by regulation. pants in a transaction or relationship, in- tries, with the information to remain with ‘‘(3) DURATION OF ORDERS; RULEMAKING.— cluding the identity of the originator of any the transfer from its origination until the Any order by which a special measure de- funds transfer; point of disbursement; and scribed in paragraphs (1) through (4) of sub- ‘‘(ii) the legal capacity in which a partici- (2) report annually to the Committee on section (b) is imposed (other than an order pant in any transaction is acting; Financial Services of the House of Rep- described in section 5326)— ‘‘(iii) the identity of the beneficial owner resentatives and the Committee on Banking, ‘‘(A) shall be issued together with a notice of the funds involved in any transaction, in Housing, and Urban Affairs of the Senate of proposed rulemaking relating to the impo- accordance with such procedures as the Sec- on— sition of such special measure; and retary determines to be reasonable and prac- (A) progress toward the goal enumerated in ‘‘(B) may not remain in effect for more ticable to obtain and retain the information; paragraph (1), as well as impediments to im- than 120 days, except pursuant to a regula- and plementation and an estimated compliance tion prescribed on or before the end of the ‘‘(iv) a description of any transaction. rate; and 120-day period beginning on the date of ‘‘(2) INFORMATION RELATING TO BENEFICIAL (B) impediments to instituting a regime in issuance of such order. OWNERSHIP.—In addition to any other re- which all appropriate identification, as de- ‘‘(4) PROCESS FOR SELECTING SPECIAL MEAS- quirement under any other provision of law, fined by the Secretary, about wire transfer URES.—In selecting which special measure or the Secretary may require any domestic fi- recipients shall be included with wire trans- measures to take under this subsection, the nancial institution or domestic financial fers from their point of origination until dis- Secretary— agency to take such steps as the Secretary bursement. ‘‘(A) shall consult with the Chairman of may determine to be reasonable and practicable to obtain and retain information con- SEC. 210. CHECK TRUNCATION STUDY. the Board of Governors of the Federal Re- Before the end of the 180-day period begin- serve System, any other appropriate Federal cerning the beneficial ownership of any account opened or maintained in the United ning on the date of the enactment of this banking agency (as defined in section 3 of States by a foreign person (other than a for- Act, the Secretary of the Treasury, in con- the Federal Deposit Insurance Act), the Sec- eign entity whose shares are subject to pub- sultation with the Attorney General and the retary of State, the Securities and Exchange lic reporting requirements or are listed and Board of Governors of the Federal Reserve Commission, the Commodity Futures Trad- traded on a regulated exchange or trading System, shall conduct a study of the impact ing Commission, the National Credit Union market), or a representative of such a for- on— Administration Board, and in the sole discre- eign person, that involves a jurisdiction out- (1) crime prevention (including money tion of the Secretary such other agencies side of the United States, 1 or more financial laundering and terrorism); and interested parties as the Secretary may institutions operating outside of the United (2) law enforcement; find to be appropriate; and States, 1 or more classes of transactions (3) the financial services industry (includ- ‘‘(B) shall consider— ‘‘(i) whether similar action has been or is within, or involving, a jurisdiction outside of ing the technical, operational, and economic the United States, or 1 or more types of ac- impact on the industry) and customers of being taken by other nations or multilateral groups; counts if the Secretary finds any such juris- such industry; diction, institution, transaction, or account (4) the payment system (including the li- ‘‘(ii) whether the imposition of any particular special measure would create a sig- to be of primary money laundering concern. quidity, stability, and efficiency of the pay- ‘‘(3) INFORMATION RELATING TO CERTAIN ment system and the ability to monitor and nificant competitive disadvantage, including any undue cost or burden associated with PAYABLE-THROUGH ACCOUNTS.—If the Sec- access the flow of funds); and retary finds a jurisdiction outside of the (5) the consumer protection laws, compliance, for financial institutions organized or licensed in the United States; United States, 1 or more financial institu- of any policy of the Board of Governors of ‘‘(iii) the extent to which the action or the tions operating outside of the United States, the Federal Reserve System relating to the timing of the action would have a significant or 1 or more classes of transactions within, promotion of check electronification, adverse systemic impact on the inter- or involving, a jurisdiction outside of the through truncation or other means, or mi- national payment, clearance, and settlement United States to be of primary money laun- gration away from paper checks. The study system, or on legitimate business activities dering concern, the Secretary may require shall also include an analysis of the benefits involving the particular jurisdiction, institu- any domestic financial institution or domes- and burdens of promoting check tion, or class of transactions; and tic financial agency that opens or maintains electronification on the foregoing entities. ‘‘(iv) the effect on national security and a payable-through account in the United TITLE III—COMBATTING INTERNATIONAL foreign policy. States for a foreign financial institution in- MONEY LAUNDERING ‘‘(5) NO LIMITATION ON OTHER AUTHORITY.— volving any such jurisdiction or any such fi- SEC. 301. SPECIAL MEASURES FOR JURISDIC- This section shall not be construed as super- nancial institution operating outside of the TIONS, FINANCIAL INSTITUTIONS, seding or otherwise restricting any other au- United States, or a payable through account OR INTERNATIONAL TRANSACTIONS thority granted to the Secretary, or to any through which any such transaction may be OF PRIMARY MONEY LAUNDERING other agency, by this subchapter or other- conducted, as a condition of opening or CONCERN. wise. maintaining such account— (a) IN GENERAL.—Subchapter II of chapter ‘‘(b) SPECIAL MEASURES.—The special ‘‘(A) to identify each customer (and rep- 53 of title 31, United States Code, is amended measures referred to in subsection (a), with resentative of such customer) of such finan- by inserting after section 5318 the following respect to a jurisdiction outside of the cial institution who is permitted to use, or new section: United States, financial institution oper- whose transactions are routed through, such ‘‘§ 5318A. Special measures for jurisdictions, ating outside of the United States, class of payable-through account; and financial institutions, or international transaction within, or involving, a jurisdic- ‘‘(B) to obtain, with respect to each such transactions of primary money laundering tion outside of the United States, or 1 or customer (and each such representative), in- concern more types of accounts are as follows: formation that is substantially comparable ‘‘(a) INTERNATIONAL COUNTER-MONEY LAUN- ‘‘(1) RECORDKEEPING AND REPORTING OF CER- to that which the depository institution ob- DERING REQUIREMENTS.— TAIN FINANCIAL TRANSACTIONS.— tains in the ordinary course of business with

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.079 pfrm04 PsN: H16PT1 H6912 CONGRESSIONAL RECORD — HOUSE October 16, 2001 respect to its customers residing in the ‘‘(ii) the extent to which that jurisdiction activities usual in connection with the busi- United States. or financial institutions operating in that ju- ness of banking in the United States. ‘‘(4) INFORMATION RELATING TO CERTAIN COR- risdiction offer bank secrecy or special regu- ‘‘(D) SECRETARY.—The term ‘Secretary’ RESPONDENT ACCOUNTS.—If the Secretary latory advantages to nonresidents or non- means the Secretary of the Treasury. finds a jurisdiction outside of the United domiciliaries of that jurisdiction; ‘‘(2) DEFINITIONS APPLICABLE TO INSTITU- States, 1 or more financial institutions oper- ‘‘(iii) the substance and quality of adminis- TIONS OTHER THAN BANKS.—With respect to ating outside of the United States, or 1 or tration of the bank supervisory and counter- any financial institution other than a bank, more classes of transactions within, or in- money laundering laws of that jurisdiction; the Secretary shall, after consultation with volving, a jurisdiction outside of the United ‘‘(iv) the relationship between the volume the appropriate Federal functional regu- States to be of primary money laundering of financial transactions occurring in that lators (as defined in section 509 of the concern, the Secretary may require any do- jurisdiction and the size of the economy of Gramm-Leach-Bliley Act), define by regula- mestic financial institution or domestic fi- the jurisdiction; tion the term ‘account’, and shall include nancial agency that opens or maintains a ‘‘(v) the extent to which that jurisdiction within the meaning of that term, to the ex- correspondent account in the United States is characterized as an offshore banking or se- tent, if any, that the Secretary deems appro- for a foreign financial institution involving crecy haven by credible international orga- priate, arrangements similar to payable- any such jurisdiction or any such financial nizations or multilateral expert groups; through and correspondent accounts. institution operating outside of the United ‘‘(vi) whether the United States has a mu- ‘‘(3) REGULATORY DEFINITION.—The Sec- States, or a correspondent account through tual legal assistance treaty with that juris- retary shall prescribe regulations defining which any such transaction may be con- diction, and the experience of United States beneficial ownership of an account for pur- ducted, as a condition of opening or main- law enforcement officials, and regulatory of- poses of this subchapter. Such regulations taining such account— ficials in obtaining information about trans- shall address issues related to an individual’s ‘‘(A) to identify each customer (and rep- actions originating in or routed through or authority to fund, direct, or manage the ac- resentative of such customer) of any such fi- to such jurisdiction; and count (including the power to direct pay- nancial institution who is permitted to use, ‘‘(vii) the extent to which that jurisdiction ments into or out of the account), and an in- or whose transactions are routed through, is characterized by high levels of official or dividual’s material interest in the income or such correspondent account; and institutional corruption. corpus of the account, and shall ensure that ‘‘(B) to obtain, with respect to each such ‘‘(B) INSTITUTIONAL FACTORS.—In the case the identification of individuals under this customer (and each such representative), in- of a decision to apply 1 or more of the special section does not extend to any individual formation that is substantially comparable measures described in subsection (b) only to whose beneficial interest in the income or to that which the depository institution ob- a financial institution or institutions, or to corpus of the account is immaterial. tains in the ordinary course of business with a transaction or class of transactions, or to ‘‘(4) OTHER TERMS.—The Secretary may, by respect to its customers residing in the a type of account, or to all 3, within or in- regulation, further define the terms in para- United States. volving a particular jurisdiction— graphs (1) and (2) and define other terms for ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPEN- ‘‘(i) the extent to which such financial in- the purposes of this section, as the Secretary ING OR MAINTAINING CERTAIN CORRESPONDENT stitutions, transactions, or types of accounts deems appropriate.’’. OR PAYABLE-THROUGH ACCOUNTS.—If the Sec- are used to facilitate or promote money (b) FINANCIAL INSTITUTIONS SPECIFIED IN retary finds a jurisdiction outside of the laundering in or through the jurisdiction; SUBCHAPTER II OF CHAPTER 53 OF TITLE 31, United States, 1 or more financial institu- ‘‘(ii) the extent to which such institutions, UNITED STATES CODE.— tions operating outside of the United States, transactions, or types of accounts are used (1) CREDIT UNIONS.—Subparagraph (E) of or 1 or more classes of transactions within, for legitimate business purposes in the juris- section 5312(2) of title 31, United States Code, or involving, a jurisdiction outside of the diction; and is amended to read as follows: United States to be of primary money laun- ‘‘(iii) the extent to which such action is ‘‘(E) any credit union;’’. dering concern, the Secretary, in consulta- sufficient to ensure, with respect to trans- (2) FUTURES COMMISSION MERCHANT; COM- tion with the Secretary of State, the Attor- actions involving the jurisdiction and insti- MODITY TRADING ADVISOR; COMMODITY POOL ney General, and the Chairman of the Board tutions operating in the jurisdiction, that OPERATOR.—Section 5312 of title 31, United of Governors of the Federal Reserve System, the purposes of this subchapter continue to States Code, is amended by adding at the end may prohibit, or impose conditions upon, the be fulfilled, and to guard against inter- the following new subsection: opening or maintaining in the United States national money laundering and other finan- ‘‘(c) ADDITIONAL DEFINITIONS.—For pur- of a correspondent account or payable- cial crimes. poses of this subchapter, the following defi- through account by any domestic financial ‘‘(d) NOTIFICATION OF SPECIAL MEASURES nitions shall apply: institution or domestic financial agency for INVOKED BY THE SECRETARY.—Not later than ‘‘(1) CERTAIN INSTITUTIONS INCLUDED IN DEF- or on behalf of a foreign banking institution, 10 days after the date of any action taken by INITION.—The term ‘financial institution’ (as if such correspondent account or payable- the Secretary under subsection (a)(1), the defined in subsection (a)) includes the fol- through account involves any such jurisdic- Secretary shall notify, in writing, the Com- lowing: tion or institution, or if any such trans- mittee on Financial Services of the House of ‘‘(A) Any futures commission merchant, action may be conducted through such cor- Representatives and the Committee on commodity trading advisor, or commodity respondent account or payable-through ac- Banking, Housing, and Urban Affairs of the pool operator registered, or required to reg- count. Senate of any such action. ‘‘(c) CONSULTATIONS AND INFORMATION TO ‘‘(e) DEFINITIONS.—Notwithstanding any ister, under the Commodity Exchange Act.’’. BE CONSIDERED IN FINDING JURISDICTIONS, IN- other provision of this subchapter, for pur- (3) CFTC INCLUDED.—For purposes of this STITUTIONS, TYPES OF ACCOUNTS, OR TRANS- poses of this section, the following defini- Act and any amendment made by this Act to ACTIONS TO BEOFPRIMARY MONEY LAUN- tions shall apply: any other provision of law, the term ‘‘Fed- DERING CONCERN.— ‘‘(1) BANK DEFINITIONS.—The following defi- eral functional regulator’’ includes the Com- ‘‘(1) IN GENERAL.—In making a finding that nitions shall apply with respect to a bank: modity Futures Trading Commission. reasonable grounds exist for concluding that ‘‘(A) ACCOUNT.—The term ‘account’— (c) CLERICAL AMENDMENT.—The table of a jurisdiction outside of the United States, 1 ‘‘(i) means a formal banking or business re- sections for subchapter II of chapter 53 of or more financial institutions operating out- lationship established to provide regular title 31, United States Code, is amended by side of the United States, 1 or more classes services, dealings, and other financial trans- inserting after the item relating to section of transactions within, or involving, a juris- actions; and 5318 the following new item: diction outside of the United States, or 1 or ‘‘(ii) includes a demand deposit, savings de- ‘‘5318A. Special measures for jurisdictions, more types of accounts is of primary money posit, or other transaction or asset account financial institutions, or inter- laundering concern so as to authorize the and a credit account or other extension of national transactions of pri- Secretary to take 1 or more of the special credit. mary money laundering con- measures described in subsection (b), the ‘‘(B) CORRESPONDENT ACCOUNT.—The term cern.’’. Secretary shall consult with the Secretary of ‘correspondent account’ means an account SEC. 302. SPECIAL DUE DILIGENCE FOR COR- State, and the Attorney General. established to receive deposits from, make RESPONDENT ACCOUNTS AND PRI- ‘‘(2) ADDITIONAL CONSIDERATIONS.—In mak- payments on behalf of a foreign financial in- VATE BANKING ACCOUNTS. ing a finding described in paragraph (1), the stitution, or handle other financial trans- (a) IN GENERAL.—Section 5318 of title 31, Secretary shall consider in addition such in- actions related to such institution. United States Code, is amended by inserting formation as the Secretary determines to be ‘‘(C) PAYABLE-THROUGH ACCOUNT.—The after subsection (i) (as added by section 119 relevant, including the following potentially term ‘payable-through account’ means an ac- of this Act) the following new subsection: relevant factors: count, including a transaction account (as ‘‘(j) DUE DILIGENCE FOR UNITED STATES ‘‘(A) JURISDICTIONAL FACTORS.—In the case defined in section 19(b)(1)(C) of the Federal PRIVATE BANKING AND CORRESPONDENT BANK of a particular jurisdiction— Reserve Act), opened at a depository institu- ACCOUNTS INVOLVING FOREIGN PERSONS.— ‘‘(i) evidence that organized criminal tion by a foreign financial institution by ‘‘(1) IN GENERAL.—Each financial institu- groups, international terrorists, or both, means of which the foreign financial institution that establishes, maintains, admin- have transacted business in that jurisdiction permits its customers to engage, either isters, or manages a private banking account tion; directly or through a subaccount, in banking or a correspondent account in the United

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.079 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6913 States for a non-United States person, in- ‘‘(ii) is established on behalf of 1 or more ‘‘(ii) is located at a fixed address (other cluding a foreign individual visiting the individuals who have a direct or beneficial than solely an electronic address) in a coun- United States, or a representative of a non- ownership interest in the account; and try in which the foreign bank is authorized United States person, shall establish appro- ‘‘(iii) is assigned to, or is administered or to conduct banking activities, at which loca- priate, specific, and, where necessary, en- managed by, in whole or in part, an officer, tion the foreign bank— hanced due diligence policies, procedures, employee, or agent of a financial institution ‘‘(I) employs 1 or more individuals on a and controls to detect and report instances acting as a liaison between the financial in- full-time basis; and of money laundering through those accounts. stitution and the direct or beneficial owner ‘‘(II) maintains operating records related ‘‘(2) SPECIAL STANDARDS FOR CERTAIN COR- of the account. to its banking activities; and RESPONDENT ACCOUNTS.— ‘‘(5) REGULATORY AUTHORITY.—Before the ‘‘(iii) is subject to inspection by the bank- ‘‘(A) IN GENERAL.—Subparagraph (B) shall end of the 6-month period beginning on the ing authority which licensed the foreign apply if a correspondent account is requested date of the enactment of the Financial Anti- bank to conduct banking activities.’’. or maintained by, or on behalf of, a foreign Terrorism Act of 2001, the Secretary, in con- SEC. 304. ANTI-MONEY LAUNDERING PROGRAMS. bank operating— sultation with the appropriate Federal func- (a) IN GENERAL.—Section 5318(h) of title 31, ‘‘(i) under an offshore banking license; or tional regulators (as defined in section 509 of United States Code, is amended to read as ‘‘(ii) under a banking license issued by a the Gramm-Leach-Bliley Act) shall further follows: foreign country that has been designated— define and clarify, by regulation, the re- ‘‘(h) ANTI-MONEY LAUNDERING PROGRAMS.— quirements of this subsection.’’. ‘‘(I) as noncooperative with international ‘‘(1) IN GENERAL.—In order to guard against (b) EFFECTIVE DATE.—The amendments money laundering through financial institu- anti-money laundering principles or proce- made by this section shall take effect begin- dures by an intergovernmental group or or- tions, each financial institution shall estab- ning 180 days after the date of the enactment lish anti-money laundering programs, in- ganization of which the United States is a of this Act with respect to accounts covered member with which designation the Sec- cluding, at a minimum— by subsection (j) of section 5318 of title 31, ‘‘(A) the development of internal policies, retary of the Treasury concurs; or United States Code (as added by this section) procedures, and controls; ‘‘(II) by the Secretary as warranting spe- that are opened before, on, or after the date ‘‘(B) the designation of an officer of the ficial measures due to money laundering con- of the enactment of this Act. cerns. nancial institution responsible for compli- SEC. 303. PROHIBITION ON UNITED STATES COR- ance; ‘‘(B) POLICIES, PROCEDURES, AND CON- RESPONDENT ACCOUNTS WITH FOR- TROLS.—The enhanced due diligence policies, EIGN SHELL BANKS. ‘‘(C) an ongoing employee training pro- procedures, and controls required under Section 5318 of title 31, United States Code, gram; and paragraph (1) for foreign banks described in is amended by inserting after subsection (j) ‘‘(D) an independent audit function to test subparagraph (A) shall, at a minimum, en- (as added by section 302 of this title) the fol- programs. sure that the financial institution in the lowing new subsection: ‘‘(2) REGULATIONS.—The Secretary may, United States takes reasonable steps— ‘‘(k) PROHIBITION ON UNITED STATES COR- after consultation with the appropriate Fed- ‘‘(i) to ascertain for any such foreign bank, RESPONDENT ACCOUNTS WITH FOREIGN SHELL eral functional regulators (as defined in sec- the shares of which are not publicly traded, BANKS.— tion 509 of the Gramm-Leach-Bliley Act), prescribe minimum standards for programs the identity of each of the owners of the for- ‘‘(1) IN GENERAL.—A depository institution established under paragraph (1), and may ex- eign bank, and the nature and extent of the shall not establish, maintain, administer, or empt from the application of those standards ownership interest of each such owner; manage a correspondent account in the any financial institution that is not subject ‘‘(ii) to conduct enhanced scrutiny of such United States for, or on behalf of, a foreign to the provisions of the regulations con- account to guard against money laundering bank that does not have a physical presence tained in part 103 of title 31, of the Code of and report any suspicious transactions under in any country. ‘‘(2) PREVENTION OF INDIRECT SERVICE TO Federal Regulations, as in effect on the date section 5318(g); and FOREIGN SHELL BANKS.— of the enactment of the Financial Anti-Ter- ‘‘(iii) to ascertain whether such foreign ‘‘(A) IN GENERAL.—A depository institution rorism Act of 2001, or any successor to such bank provides correspondent accounts to shall take reasonable steps to ensure that regulations, for so long as such financial in- other foreign banks and, if so, the identity of any correspondent account established, stitution is not subject to the provisions of those foreign banks and related due diligence maintained, administered, or managed by such regulations.’’. information, as appropriate under paragraph that institution in the United States for a (b) EFFECTIVE DATE.—The amendment (1). foreign bank is not being used by that for- made by subsection (a) shall take effect at ‘‘(3) MINIMUM STANDARDS FOR PRIVATE eign bank to indirectly provide banking the end of the 180-day period beginning on BANKING ACCOUNTS.—If a private banking ac- services to another foreign bank that does the date of the enactment of this Act. count is requested or maintained by, or on not have a physical presence in any country. (c) DATE OF APPLICATION OF REGULATIONS; behalf of, a non-United States person, then ‘‘(B) REGULATIONS.—The Secretary shall, in FACTORS TO BE TAKEN INTO ACCOUNT.—Before the due diligence policies, procedures, and regulations, delineate reasonable steps nec- the end of the 180-day period beginning on controls required under paragraph (1) shall, essary for a depository institution to comply the date of the enactment of this Act, the at a minimum, ensure that the financial in- with this subsection. Secretary of the Treasury shall prescribe stitution takes reasonable steps— ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) regulations to implement the amendment ‘‘(A) to ascertain the identity of the nomi- shall not be construed as prohibiting a de- made by subsection (a). In prescribing such nal and beneficial owners of, and the source pository institution from providing a cor- regulations, the Secretary shall consider the of funds deposited into, such account as respondent account to a foreign bank, if the extent to which the requirements imposed needed to guard against money laundering foreign bank— under such regulations are commensurate and report any suspicious transactions under ‘‘(A) is an affiliate of a depository institu- with the size, location, and activities of the section 5318(g); and tion, credit union, or other foreign bank that financial institutions to which such regula- ‘‘(B) to conduct enhanced scrutiny of any maintains a physical presence in the United tions apply. such account that is requested or maintained States or a foreign country, as applicable; SEC. 305. CONCENTRATION ACCOUNTS AT FINAN- by, or on behalf of, a senior foreign political and CIAL INSTITUTIONS. figure, or any immediate family member or ‘‘(B) is subject to supervision by a banking Section 5318(h) of title 31, United States close associate of a senior foreign political authority in the country regulating the af- Code (as amended by section 304) is amended figure, to prevent, detect, and report trans- filiated depository institution, credit union, by adding at the end the following: actions that may involve the proceeds of for- or foreign bank, described in subparagraph ‘‘(3) CONCENTRATION ACCOUNTS.—The Sec- eign corruption. (A), as applicable. retary may prescribe regulations under this ‘‘(4) DEFINITIONS.—For purposes of this sub- ‘‘(4) DEFINITIONS.—For purposes of this sec- subsection that govern maintenance of con- section, the following definitions shall apply: tion, the following definitions shall apply: centration accounts by financial institu- ‘‘(A) OFFSHORE BANKING LICENSE.—The ‘‘(A) AFFILIATE.—The term ‘affiliate’ tions, in order to ensure that such accounts term ‘offshore banking license’ means a li- means a foreign bank that is controlled by or are not used to prevent association of the cense to conduct banking activities which, is under common control with a depository identity of an individual customer with the as a condition of the license, prohibits the li- institution, credit union, or foreign bank. movement of funds of which the customer is censed entity from conducting banking ac- ‘‘(B) DEPOSITORY INSTITUTION.—The ‘deposi- the direct or beneficial owner, which regula- tivities with the citizens of, or with the local tory institution’— tions shall, at a minimum— currency of, the country which issued the li- ‘‘(i) has the meaning given such term in ‘‘(A) prohibit financial institutions from cense. section 3 of the Federal Deposit Insurance allowing clients to direct transactions that ‘‘(B) PRIVATE BANK ACCOUNT.—The term Act; and move their funds into, out of, or through the ‘private bank account’ means an account (or ‘‘(ii) includes a credit union. concentration accounts of the financial in- any combination of accounts) that— ‘‘(C) PHYSICAL PRESENCE.—The term ‘phys- stitution; ‘‘(i) requires a minimum aggregate depos- ical presence’ means a place of business ‘‘(B) prohibit financial institutions and its of funds or other assets of not less than that— their employees from informing customers of $1,000,000; ‘‘(i) is maintained by a foreign bank; the existence of, or the means of identifying,

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.079 pfrm04 PsN: H16PT1 H6914 CONGRESSIONAL RECORD — HOUSE October 16, 2001 the concentration accounts of the institu- (B) which have not reached agreement with ing ‘‘or stones’’ and inserting ‘‘, stones, or tion; and United States authorities to meet the objec- analog, digital, or electronic images’’. ‘‘(C) require each financial institution to tives of subparagraphs (A) and (B) of sub- (4) CLERICAL AMENDMENT.—The table of establish written procedures governing the section (a)(2). sections for chapter 25 of title 18, United documentation of all transactions involving (3) REPORT ON PENALTIES AND SANCTIONS.— States Code, is amended in the item relating a concentration account, which procedures If the President determines that— to section 474 by striking ‘‘or stones’’ and in- shall ensure that, any time a transaction in- (A) a foreign country is described in sub- serting ‘‘, stones, or analog, digital, or elec- volving a concentration account commingles paragraphs (A) and (B) of paragraph (2); and tronic images’’. funds belonging to 1 or more customers, the (B) such country— (f) TAKING IMPRESSIONS OF TOOLS USED FOR identity of, and specific amount belonging (i) is not negotiating in good faith to reach OBLIGATIONS OR SECURITIES.—Section 476 of to, each customer is documented.’’. an agreement described in subsection (a)(2); title 18, United States Code, is amended— SEC. 306. INTERNATIONAL COOPERATION IN IN- or (1) by inserting ‘‘analog, digital, or elec- VESTIGATIONS OF MONEY LAUN- (ii) has not complied with, or a financial tronic image,’’ after ‘‘impression, stamp,’’; DERING, FINANCIAL CRIMES, AND institution of such country has not complied and THE FINANCES OF TERRORIST (2) by striking ‘‘ten years’’ and inserting GROUPS. with, a request, made by an official of the United States Government authorized to ‘‘25 years’’. (a) NEGOTIATIONS.— (g) POSSESSING OR SELLING IMPRESSIONS OF N GENERAL make such request, for information regard- (1) I .—It is the sense of the Con- TOOLS USED FOR OBLIGATIONS OR SECURI- gress that, in addition to the existing re- ing a foreign terrorist organization (as designated under section 219 of the Immigration TIES.—Section 477 of title 18, United States quirements of section 4702 of the Anti-Drug Code, is amended— Abuse Act of 1988, the President should di- and Nationality Act), a person who is a member or representative of any such orga- (1) in the first paragraph, by inserting rect the Secretary of State, the Attorney ‘‘analog, digital, or electronic image,’’ after General, or the Secretary of the Treasury, as nization, or a person engaged in money laundering for or with any such organization, ‘‘imprint, stamp,’’; appropriate and in consultation with the (2) in the second paragraph, by inserting Board of Governors of the Federal Reserve and the President imposes any penalties or sanctions on such country or financial insti- ‘‘analog, digital, or electronic image,’’ after System, to seek to enter into negotiations ‘‘imprint, stamp,’’; and with the appropriate financial supervisory tutions of such country on the basis of such determination, the Secretary of State shall (3) in the third paragraph, by striking ‘‘ten agencies and other officials of any foreign years’’ and inserting ‘‘25 years’’. country the financial institutions of which submit a report to the Congress describing the facts and circumstances of the case be- (h) CONNECTING PARTS OF DIFFERENT do business with United States financial in- NOTES.—Section 484 of title 18, United States fore the end of the 60-day period beginning stitutions or which may be utilized by any Code, is amended by striking ‘‘five years’’ on the date such sanctions and penalties foreign terrorist organization (as designated and inserting ‘‘10 years’’. take effect. under section 219 of the Immigration and Na- (i) BONDS AND OBLIGATIONS OF CERTAIN tionality Act), any person who is a member TITLE IV—CURRENCY PROTECTION LENDING AGENCIES.—The first and second or representative of any such organization, SEC. 401. COUNTERFEITING DOMESTIC CUR- paragraphs of section 493 of title 18, United or any person engaged in money laundering RENCY AND OBLIGATIONS. States Code, are each amended by striking or financial or other crimes. (a) COUNTERFEIT ACTS COMMITTED OUTSIDE ‘‘five years’’ and inserting ‘‘10 years’’. (2) PURPOSES OF NEGOTIATIONS.—It is the THE UNITED STATES.—Section 470 of title 18, SEC. 402. COUNTERFEITING FOREIGN CURRENCY sense of the Congress that, in carrying out United States Code, is amended— AND OBLIGATIONS. any negotiations described in paragraph (1), (1) in paragraph (2), by inserting ‘‘analog, (a) FOREIGN OBLIGATIONS OR SECURITIES.— the President should direct the Secretary of digital, or electronic image,’’ after ‘‘plate, Section 478 of title 18, United States Code, is State, the Attorney General, or the Sec- stone,’’; and amended by striking ‘‘five years’’ and insert- retary of the Treasury, as appropriate, to (2) by striking ‘‘shall be fined under this ing ‘‘20 years’’. seek to enter into and further cooperative ef- title, imprisoned not more than 20 years, or (b) UTTERING COUNTERFEIT FOREIGN OBLI- forts, voluntary information exchanges, the both’’ and inserting ‘‘shall be punished as is GATIONS OR SECURITIES.—Section 479 of title use of letters rogatory, mutual legal assist- provided for the like offense within the 18, United States Code, is amended by strik- ance treaties, and international agreements United States’’. ing ‘‘three years’’ and inserting ‘‘20 years’’. (c) POSSESSING COUNTERFEIT FOREIGN OBLI- to— (b) OBLIGATIONS OR SECURITIES OF THE GATIONS OR SECURITIES.—Section 480 of title (A) ensure that foreign banks and other fi- UNITED STATES.—Section 471 of title 18, 18, United States Code, is amended by strik- nancial institutions maintain adequate United States Code, is amended by striking ing ‘‘one year’’ and inserting ‘‘20 years’’. records of— ‘‘fifteen years’’ and inserting ‘‘20 years’’. (d) PLATES, STONES, OR ANALOG, DIGITAL, (i) large United States currency trans- (c) UTTERING COUNTERFEIT OBLIGATIONS OR OR ELECTRONIC IMAGES FOR COUNTERFEITING SECURITIES.—Section 472 of title 18, United actions; and FOREIGN OBLIGATIONS OR SECURITIES.— States Code, is amended by striking ‘‘fifteen (ii) transaction and account information (1) IN GENERAL.—Section 481 of title 18, relating to any foreign terrorist organization years’’ and inserting ‘‘20 years’’. United States Code, is amended by inserting (as designated under section 219 of the Immi- (d) DEALING IN COUNTERFEIT OBLIGATIONS after the second paragraph the following new gration and Nationality Act), any person OR SECURITIES.—Section 473 of title 18, paragraph: who is a member or representative of any United States Code, is amended by striking ‘‘Whoever, with intent to defraud, makes, such organization, or any person engaged in ‘‘ten years’’ and inserting ‘‘20 years’’. executes, acquires, scans, captures, records, money laundering or financial or other (e) PLATES, STONES, OR ANALOG, DIGITAL, receives, transmits, reproduces, sells, or has crimes; and OR ELECTRONIC IMAGES FOR COUNTERFEITING in such person’s control, custody, or posses- (B) establish a mechanism whereby such OBLIGATIONS OR SECURITIES.— sion, an analog, digital, or electronic image records may be made available to United (1) IN GENERAL.—Section 474(a) of title 18, of any bond, certificate, obligation, or other States law enforcement officials and domes- United States Code, is amended by inserting security of any foreign government, or of tic financial institution supervisors, when after the second paragraph the following new any treasury note, bill, or promise to pay, appropriate. paragraph: lawfully issued by such foreign government (b) REPORTS.— ‘‘Whoever, with intent to defraud, makes, and intended to circulate as money; or’’. (1) IN GENERAL.—Not later than 1 year after executes, acquires, scans, captures, records, (2) INCREASED SENTENCE.—The last para- the date of the enactment of this Act and an- receives, transmits, reproduces, sells, or has graph of section 481 of title 18, United States nually thereafter, the Secretary of State, in in such person’s control, custody, or posses- Code, is amended by striking ‘‘five years’’ conjunction with the Attorney General and sion, an analog, digital, or electronic image and inserting ‘‘25 years’’. the Secretary of the Treasury, shall submit of any obligation or other security of the (3) TECHNICAL AND CONFORMING AMEND- a report to the Congress, on the progress in United States; or’’. MENT.—The heading for section 481 of title any negotiations described in subsection (a). (2) AMENDMENT TO DEFINITION.—Section 18, United States Code, is amended by strik- (2) IDENTIFICATION OF CERTAIN COUNTRIES.— 474(b) of title 18, United States Code, is ing ‘‘or stones’’ and inserting ‘‘, stones, or In any report submitted under paragraph (1), amended by striking the first sentence and analog, digital, or electronic images’’. the Secretary of State shall identify inserting the following new sentence: ‘‘For (4) CLERICAL AMENDMENT.—The table of countries— purposes of this section, the term ‘analog, sections for chapter 25 of title 18, United (A) with respect to which the Secretary de- digital, or electronic image’ includes any States Code, is amended in the item relating termines there is evidence that the financial analog, digital, or electronic method used for to section 481 by striking ‘‘or stones’’ and in- institutions in such countries are being uti- the making, execution, acquisition, scan- serting ‘‘, stones, or analog, digital, or elec- lized by any foreign terrorist organization ning, capturing, recording, retrieval, trans- tronic images’’. (as designated under section 219 of the Immi- mission, or reproduction of any obligation or (e) FOREIGN BANK NOTES.—Section 482 of gration and Nationality Act), any person security, unless such use is authorized by the title 18, United States Code, is amended by who is a member or representative of any Secretary of the Treasury.’’. striking ‘‘two years’’ and inserting ‘‘20 such organization, or any person engaged in (3) TECHNICAL AND CONFORMING AMEND- years’’. money laundering or financial or other MENT.—The heading for section 474 of title (f) UTTERING COUNTERFEIT FOREIGN BANK crimes; and 18, United States Code, is amended by strik- NOTES.—Section 483 of title 18, United States

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.079 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6915 Code, is amended by striking ‘‘one year’’ and Mr. BECERRA (at the request of Mr. October 2, 2001, pursuant to 5 U.S.C. inserting ‘‘20 years’’. GEPHARDT) for today. 801(a)(1)(A); to the Committee on Agri- SEC. 403. PRODUCTION OF DOCUMENTS. Ms. KILPATRICK (at the request of Mr. culture. Section 5114(a) of title 31, United States 4265. A letter from the Secretary of the Air GEPHARDT) for today on account of offi- Force, Department of Defense, transmitting Code (relating to engraving and printing cur- cial business. rency and security documents), is amended— notification that the Superintendent of the (1) by striking ‘‘(a) The Secretary of the f Air Force Academy, Colorado, has conducted Treasury’’ and inserting: a cost comparison to reduce the cost of the SPECIAL ORDERS GRANTED Logistics function, pursuant to 10 U.S.C. ‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.— 2461; to the Committee on Armed Services. ‘‘(1) IN GENERAL.—The Secretary of the By unanimous consent, permission to 4266. A letter from the Secretary, Depart- Treasury’’; and address the House, following the legis- ment of Defense, transmitting a letter on the (2) by adding at the end the following new lative program and any special orders approved retirement of Lieutenant General paragraph: heretofore entered, was granted to: Ronald E. Adams, United States Army, and ‘‘(2) ENGRAVING AND PRINTING FOR OTHER (The following Members (at the re- his advancement to the grade of lieutenant GOVERNMENTS.—The Secretary of the Treas- quest of Mr. INSLEE) to revise and ex- general on the retired list; to the Committee ury may, if the Secretary determines that it on Armed Services. will not interfere with engraving and print- tend their remarks and include extraneous material:) 4267. A letter from the Secretary, Depart- ing needs of the United States, produce cur- ment of Defense, transmitting a letter on the rency, postage stamps, and other security Ms. MILLENDER-MCDONALD, for 5 min- approved retirement of Lieutenant General documents for foreign governments, subject utes, today. Maxwell C. Bailey, United States Air Force, to a determination by the Secretary of State Ms. MCKINNEY, for 5 minutes, today. and his advancement to the grade of lieuten- that such production would be consistent Mr. DEFAZIO, for 5 minutes, today. ant general on the retired list; to the Com- with the foreign policy of the United Mr. CUMMINGS, for 5 minutes, today. mittee on Armed Services. States.’’. 4268. A letter from the Secretary, Depart- Mr. PALLONE, for 5 minutes, today. SEC. 404. REIMBURSEMENT. ment of Defense, transmitting a letter on the Mr. LANGEVIN, for 5 minutes, today. Section 5143 of title 31, United States Code approved retirement of General John G. Mrs. MALONEY of New York, for 5 (relating to payment for services of the Bu- Coburn, United States Army, and his ad- reau of Engraving and Printing), is minutes, today. vancement to the grade of general on the re- amended— (The following Members (at the retired list; to the Committee on Armed Serv- (1) in the first sentence, by inserting ‘‘, any quest of Mr. GIBBONS) to revise and ex- ices. foreign government, or any territory of the tend their remarks and include extra- 4269. A letter from the Under Secretary, United States’’ after ‘‘agency’’; neous material:) Food, Nutrition, and Consumer Services, De- partment of Agriculture, transmitting the (2) in the second sentence, by inserting Mr. GIBBONS, for 5 minutes, today. ‘‘and other’’ after ‘‘administrative’’; and Department’s final rule—National School Mr. ROHRABACHER, for 5 minutes, Lunch Program and School Breakfast Pro- (3) in the last sentence, by inserting ‘‘, for- today. eign government, or territory of the United gram: Alternatives to Standard Application States’’ after ‘‘agency’’. Mr. PENCE, for 5 minutes, today. and Meal Counting Procedures (RIN: 0584– Mr. HANSEN, for 5 minutes, today. AC25) received October 1, 2001, pursuant to 5 The SPEAKER pro tempore. Is there Mrs. MORELLA, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on Edu- objection to the request of the gen- cation and the Workforce. tleman from Ohio? f 4270. A letter from the Director, Corporate Mr. LAFALCE. Reserving the right to BILL PRESENTED TO THE Policy and Research Department, Pension object, Mr. Speaker. Benefit Guaranty Corporation, transmitting PRESIDENT the Corporation’s final rule—Benefits Pay- I will not object because the gen- Jeff Trandahl, Clerk of the House re- able in Terminated Single-Employer Plans; tleman from Ohio and myself have ports that on October 12, 2001 he pre- Allocation of Assets in Single-Employer worked on this bill in a very collegial sented to the President of the United Plans; Interest Assumptions for Valuing and fashion, in a bipartisan fashion; and we Paying Benefits—received October 1, 2001, States, for his approval, the following have attempted to iron out all dif- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bill. ferences. As of a half hour ago, we did mittee on Education and the Workforce. come to accommodation on the re- H.J. Res. 68. Making further continuing ap- 4271. A letter from the Administrator, En- propriations for the fiscal year 2002, and for vironmental Protection Agency, transmit- maining differences. other purposes. ting a report on the ‘‘Status of the State It is my understanding that the sus- Small Business Stationary Source Technical f pension calendar tomorrow will have and Environmental Compliance Program the bill we have agreed upon and that ADJOURNMENT (SBTCP) for the Reporting Period, January- amongst other things it in no way im- December 1999’’; to the Committee on Energy Mr. MCINNIS. Mr. Speaker, I move pinges upon any lawsuit that has been and Commerce. that the House do now adjourn. 4272. A letter from the Principal Deputy brought or that could be brought under The motion was agreed to; accord- Associate Administrator, Environmental existing law. The only impact it would ingly (at 11 o’clock and 59 minutes Protection Agency, transmitting the Agen- have is to clarify that certain provi- p.m.), the House adjourned until to- cy’s final rule—Clean Air Act Full Approval sions of this bill would not expand the morrow, Wednesday, October 17, 2001, of Operating Permits Program in Alaska law with respect to RICO in certain at 10 a.m. [FRL–7059–3] received October 2, 2001, pursu- areas. With that understanding, we can ant to 5 U.S.C. 801(a)(1)(A); to the Committee go forward. f on Energy and Commerce. 4273. A letter from the Principal Deputy One of the reasons I am willing to go EXECUTIVE COMMUNICATIONS, Associate Administrator, Environmental forward, too, on a suspension calendar ETC. Protection Agency, transmitting the Agen- on such a bill, first of all, is I have long Under clause 8 of rule XII, executive cy’s final rule—Revisions to the California favored a money laundering bill. We communications were taken from the State Implementation Plan, Ventura County advanced it last year in the Committee Air Pollution Control District [CA 242–0292a; Speaker’s table and referred as follows: on Banking and Financial Services. FRL–7067–3] received October 3, 2001, pursu- Secondly, the exigencies of our time 4263. A letter from the Acting Adminis- ant to 5 U.S.C. 801(a)(1)(A); to the Committee trator, Agricultural Marketing Service, De- demand immediate swift action. on Energy and Commerce. partment of Agriculture, transmitting the 4274. A letter from the Principal Deputy Mr. Speaker, I withdraw my reserva- Department’s final rule—Irish Potatoes Associate Administrator, Environmental tion of objection. Grown in Colorado; Modification of Area No. Protection Agency, transmitting the Agen- The SPEAKER pro tempore. Is there 3 Handling Regulation [Docket No. FV01–948– cy’s final rule—Revisions to the California objection to the request of the gen- 1 FR] received October 2, 2001, pursuant to 5 State Implementation Plan, Tehama County tleman from Ohio? U.S.C. 801(a)(1)(A); to the Committee on Ag- Air Pollution Control District [CA 235–0296a; There was no objection. riculture. FRL–7066–9] received October 3, 2001, pursu- 4264. A letter from the Principal Deputy ant to 5 U.S.C. 801(a)(1)(A); to the Committee f Associate Administrator, Environmental on Energy and Commerce. LEAVE OF ABSENCE Protection Agency, transmitting the Agen- 4275. A letter from the Principal Deputy cy’s final rule—Sethoxydim; Pesticide Toler- Associate Administrator, Environmental By unanimous consent, leave of ab- ances for Emergency Exemptions [OPP– Protection Agency, transmitting the Agen- sence was granted to: 301179; FRL–6802–3] (RIN: 2070–AB78) received cy’s final rule—Revisions to the California

VerDate 11-MAY-2000 05:59 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.079 pfrm04 PsN: H16PT1 H6916 CONGRESSIONAL RECORD — HOUSE October 16, 2001 State Implementation Plan, El Dorado Coun- 4285. A letter from the Assistant Secretary to D.C. Code section 47–117(d); to the Com- ty Air Pollution Control District and Impe- for Legislative Affairs, Department of State, mittee on Government Reform. rial County Air Pollution Control District transmitting certification of a proposed li- 4297. A letter from the Auditor, District of [CA 242–0297a; FRL–7075–8] received October cense for the export of defense articles or de- Columbia, transmitting a copy of a report 3, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to fense services sold under a contract to Japan entitled, ‘‘Audit of Advisory Neighborhood the Committee on Energy and Commerce. (Transmittal No. DTC 107–01), pursuant to 22 Commission 1B for Fiscal Years 1999 and 2000 4276. A letter from the Principal Deputy U.S.C. 2776(c); to the Committee on Inter- (10/1/1998 through 9/30/2000).,’’ pursuant to Associate Administrator, Environmental national Relations. D.C. Code section 47–117(d); to the Committee Protection Agency, transmitting the Agen- 4286. A letter from the Assistant Secretary on Government Reform. cy’s final rule—Revisions to the California for Legislative Affairs, Department of State, 4298. A letter from the Comptroller Gen- State Implementation Plan, Bay Area Air transmitting certification of a proposed li- eral, General Accounting Office, transmit- Quality Management District [CA 241–0300; cense for the export of defense articles or de- ting list of all reports issued or released by FRL–7075–7] received October 3, 2001, pursu- fense services sold under a contract to Japan the GAO in August 2001, pursuant to 31 ant to 5 U.S.C. 801(a)(1)(A); to the Committee (Transmittal No. DTC 110–01), pursuant to 22 U.S.C. 719(h); to the Committee on Govern- on Energy and Commerce. U.S.C. 2776(c); to the Committee on Inter- ment Reform. 4277. A letter from the Principal Deputy national Relations. 4299. A letter from the Executive Director, Associate Administrator, Environmental 4287. A letter from the Assistant Secretary Committee For Purchase From People Who Protection Agency, transmitting the Agen- for Legislative Affairs, Department of State, Are Blind Or Severely Disabled, transmitting cy’s final rule—Revisions to the California transmitting certification of a proposed li- the Committee’s final rule—Additions from State Implementation Plan, Imperial County cense for the export of defense articles or de- the Procurement List—received October 3, Air Pollution Control District, Monterey fense services sold under a contract to Japan 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Bay Unified Air Pollution Control District (Transmittal No. DTC 109–01), pursuant to 22 Committee on Government Reform. [CA 242–0291a; FRL–7058–9] received October U.S.C. 2776(c); to the Committee on Inter- 4300. A letter from the Special Assistant, 2, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to national Relations. White House Liaison, Department of Edu- the Committee on Energy and Commerce. 4288. A letter from the Assistant Secretary cation, transmitting a report pursuant to 4278. A letter from the Principal Deputy for Legislative Affairs, Department of State, the Federal Vacancies Reform Act of 1998; to Associate Administrator, Environmental transmitting certification of a proposed li- the Committee on Government Reform. Protection Agency, transmitting the Agen- cense for the export of defense articles or de- 4301. A letter from the Personnel Manage- cy’s final rule—Approval and Promulgation fense services sold under a contract to Tai- ment Specialist, Department of Labor, trans- of Implementation Plans; Arizona—Maricopa wan (Transmittal No. DTC 066–01), pursuant mitting a report pursuant to the Federal Va- Nonattainment Area; PM–10 [AZ105–0045; to 22 U.S.C. 2776(c); to the Committee on cancies Reform Act of 1998; to the Com- FRL–7063–1] received October 9, 2001, pursu- International Relations. mittee on Government Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4289. A letter from the Assistant Secretary 4302. A letter from the Attorney/Advisor, on Energy and Commerce. for Legislative Affairs, Department of State, Department of Transportation, transmitting 4279. A letter from the Principal Deputy transmitting certification of a proposed li- a report pursuant to the Federal Vacancies Associate Administrator, Environmental cense for the export of defense articles or de- Reform Act of 1998; to the Committee on Protection Agency, transmitting the Agen- fense services sold under a contract to Can- Government Reform. cy’s final rule—Approval and Promulgation ada (Transmittal No. DTC 105–01), pursuant 4303. A letter from the Attorney/Advisor, of Air Quality Plans; Wisconsin; Post-1996 to 22 U.S.C. 2776(c); to the Committee on Department of Transportation, transmitting Rate of Progress Plan for the Milwaukee- International Relations. a report pursuant to the Federal Vacancies Racine Ozone Nonattainment Area [WI85–02– 4290. A letter from the Assistant Secretary Reform Act of 1998; to the Committee on 7316; FRL–7076–6] received October 3, 2001, for Legislative Affairs, Department of State, Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting certification of a proposed li- 4304. A letter from the Attorney/Advisor, mittee on Energy and Commerce. cense for the export of defense articles or de- Department of Transportation, transmitting 4280. A letter from the Principal Deputy fense services sold under a contract to the a report pursuant to the Federal Vacancies Associate Administrator, Environmental Republic of Korea (Transmittal No. DTC 103– Reform Act of 1998; to the Committee on Protection Agency, transmitting the Agen- 01), pursuant to 22 U.S.C. 2776(c); to the Com- Government Reform. cy’s final rule—Approval and Promulgation mittee on International Relations. 4305. A letter from the Attorney/Advisor, of State Plans for Designated Facilities and 4291. A letter from the Assistant Secretary Department of Transportation, transmitting Pollutants; Control of Emissions From Hos- for Legislative Affairs, Department of State, a report pursuant to the Federal Vacancies pital/Medical/Infectious Waste Incinerators transmitting certification of a proposed li- Reform Act of 1998; to the Committee on (HMIWIs); State of Missouri [MO 0136–1136a; cense for the export of defense articles or de- Government Reform. FRL–7078–8] received October 9, 2001, pursu- fense services sold under a contract to Can- 4306. A letter from the Attorney/Advisor, ant to 5 U.S.C. 801(a)(1)(A); to the Committee ada, France, Germany (Transmittal No. DTC Department of Transportation, transmitting on Energy and Commerce. 111–01), pursuant to 22 U.S.C. 2776(c); to the a report pursuant to the Federal Vacancies 4281. A letter from the Director, Defense Committee on International Relations. Reform Act of 1998; to the Committee on Security Cooperation Agency, transmitting 4292. A letter from the Assistant Secretary Government Reform. notification concerning the Department of for Legislative Affairs, Department of State, 4307. A letter from the Attorney/Advisor, the Army’s Proposed Letter(s) of Offer and transmitting certification of a proposed li- Department of Transportation, transmitting Acceptance (LOA) to Egypt for defense arti- cense for the export of defense articles or de- a report pursuant to the Federal Vacancies cles and services (Transmittal No. 01–27), fense services sold under a contract to Japan Reform Act of 1998; to the Committee on pursuant to 22 U.S.C. 2776(b); to the Com- (Transmittal No. DTC 113–01), pursuant to 22 Government Reform. mittee on International Relations. U.S.C. 2776(c); to the Committee on Inter- 4308. A letter from the United States Trade 4282. A letter from the Assistant Secretary national Relations. Representative, Executive Office of the for Legislative Affairs, Department of State, 4293. A letter from the Assistant Secretary President, transmitting 2001 Annual Inven- transmitting certification of a proposed li- for Legislative Affairs, Department of State, tory of Commercial Activities Under the cense for the export of defense articles or de- transmitting the report entitled, ‘‘Report of Federal Activities Inventory Reform Act fense services sold under a contract to Japan U.S. Citizen Expropriation Claims and Cer- P.L. 105–270; to the Committee on Govern- (Transmittal No. DTC 108–01), pursuant to 22 tain Other Commercial and Investment Dis- ment Reform. U.S.C. 2776(c); to the Committee on Inter- putes’’; to the Committee on International 4309. A letter from the Director, National national Relations. Relations. Gallery of Art, transmitting the Year 2001 4283. A letter from the Assistant Secretary 4294. A letter from the Assistant Secretary Inventory Annual Report On Agency Man- for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, agement of Commercial Activities; to the transmitting certification of a proposed li- transmitting certification of a proposed Committee on Government Reform. cense for the export of defense articles or de- Manufacturing License Agreement with 4310. A letter from the Administrator, U.S. fense services sold under a contract to Japan South Korea [Transmittal No. DTC 115–01], Agency for International Development, (Transmittal No. DTC 106–01), pursuant to 22 pursuant to 22 U.S.C. 2776(c); to the Com- transmitting a report on Year 2001 A–76 In- U.S.C. 2776(c); to the Committee on Inter- mittee on International Relations. ventory for FY00; to the Committee on Gov- national Relations. 4295. A letter from the Auditor, District of ernment Reform. 4284. A letter from the Assistant Secretary Columbia, transmitting a copy of a report 4311. A letter from the Acting Director, Of- for Legislative Affairs, Department of State, entitled, ‘‘Audit of the Public Service Com- fice of Surface Mining, Department of the In- transmitting certification of a proposed li- mission Agency Fund for Fiscal Year 2000,’’ terior, transmitting the Department’s final cense for the export of defense articles or de- pursuant to D.C. Code section 47–117(d); to rule—Maryland Regulatory Program [MD– fense services sold under a contract to the the Committee on Government Reform. 050–FOR] received October 2, 2001, pursuant United Kingdom and France (Transmittal 4296. A letter from the Auditor, District of to 5 U.S.C. 801(a)(1)(A); to the Committee on No. DTC 104–01), pursuant to 22 U.S.C. 2776(c); Columbia, transmitting a copy of a report Resources. to the Committee on International Rela- entitled, ‘‘Audit of the People’s Counsel 4312. A letter from the Acting Director, tions. Agency Fund for Fiscal Year 2000,’’ pursuant Fish and Wildlife Service, Department of the

VerDate 11-MAY-2000 05:59 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\CR\FM\L16OC7.000 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6917 Interior, transmitting the Department’s of Transportation, transmitting the Depart- 4331. A letter from the Paralegal Spe- final rule—Endangered and Threatened Wild- ment’s final rule—Security Zone; Lake On- cialist, FAA, Department of Transportation, life and Plants; Determination of Endan- tario, Rochester, New York [CGD09–01–125] transmitting the Department’s final rule— gered Status for the Scaleshell Mussel (RIN: (RIN: 2115–AA97) received October 1, 2001, Airworthiness Directives; Rolls-Royce Cor- 1018–AF57) received October 1, 2001, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- poration (Formerly Allison Engine Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- pany) AE 2100 Turboprop and AE 3007 Tur- Resources. ture. bofan Series Engines [Docket No. 2000–NE– 4313. A letter from the Acting Director, 4322. A letter from the Chief, Regulations 27–AD; Amendment 39–12423; AD 2001–17–31] Fish and Wildlife Service, Department of the and Administrative Law, USCG, Department (RIN: 2120–AA64) received October 1, 2001, Interior, transmitting the Department’s of Transportation, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- final rule—Endangered and Threatened Wild- ment’s final rule—Security Zone; Tomlinson mittee on Transportation and Infrastruc- life and Plants; Endangered Status for the Bridge, Quinnipiac River, New Haven, CT ture. Ohlone Tiger Beetle (Cicindela ohlone) (RIN: [CGD01–01–166] (RIN: 2115–AA97) received Oc- 4332. A letter from the Program Analyst, 1018–AF89) received October 1, 2001, pursuant tober 1, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- Resources. tation and Infrastructure. space Designations; Incorporation By Ref- 4314. A letter from the Acting Director, Of- 4323. A letter from the Chief, Regulations erence [Docket No. 29334; Amendment No. 71– fice of Sustainable Fisheries, NMFS, Na- and Administrative Law, USCG, Department 33] received October 1, 2001, pursuant to 5 tional Oceanic and Atmospheric Administra- of Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final ment’s final rule—Security Zones; Port of Transportation and Infrastructure. rule—Fisheries of the Northeastern United Charleston, South Carolina [COTP Charles- 4333. A letter from the Paralegal Spe- States; Northeast Multispecies Fishery; Im- ton-01–101] (RIN: 2115–AA97) received October cialist, FAA, Department of Transportation, plementation of Conditional Closures [Dock- 1, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the Department’s final rule— et No. 000407096–0096–01; I.D. 090501C] received the Committee on Transportation and Infra- Amendment of Class E5 Airspace; Ocracoke, October 1, 2001, pursuant to 5 U.S.C. structure. NC [Airspace Docket No. 01–ASO–10] received 801(a)(1)(A); to the Committee on Resources. 4324. A letter from the Chief, Regulations October 1, 2001, pursuant to 5 U.S.C. 4315. A letter from the Acting Director, Of- and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Transpor- fice of Sustainable Fisheries, NMFS, Na- of Transportation, transmitting the Depart- tation and Infrastructure. tional Oceanic and Atmospheric Administra- ment’s final rule—Security Zones; St. Croix, 4334. A letter from the Program Analyst, tion, transmitting the Administration’s final U.S. Virgin Islands [COTP San Juan-01–098] FAA, Department of Transportation, trans- rule—Fisheries Off West Coast States and in (RIN: 2115–AA97) received October 1, 2001, mitting the Department’s final rule—Tem- the Western Pacific; West Coast Salmon pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- porary Flight Restrictions [Docket No. FAA– Fisheries; Inseason Adjustment for the Com- mittee on Transportation and Infrastruc- 2000–8274; Amendment No. 91–270 and 103–6] mercial Salmon Season from Queets River, ture. (RIN: 2120–AH13) received October 1, 2001, WA, to Cape Falcon, OR [Docket No. 4325. A letter from the Chief, Regulations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 010502110–1110–01; I.D. 091001C] received Octo- and Administrative Law, USCG, Department mittee on Transportation and Infrastruc- ber 1, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); of Transportation, transmitting the Depart- ture. to the Committee on Resources. ment’s final rule—Drawbridge Operation 4335. A letter from the Chief, Regulations 4316. A letter from the Acting Director, Of- Regulations: Harlem River, MA [CGD01–01– and Administrative Law, USCG, Department fice of Sustainable Fisheries, NMFS, Na- 058] received October 1, 2001, pursuant to 5 of Transportation, transmitting the Depart- tional Oceanic and Atmospheric Administra- U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule—Security Zones; Port of tion, transmitting the Administration’s final Transportation and Infrastructure. Charleston, South Carolina [COTP Charles- rule—Fisheries of the Exclusive Economic 4326. A letter from the Program Analyst, ton-01–097] (RIN: 2115–AA97) received October Zone Off Alaska; Pacific Ocean Perch in the FAA, Department of Transportation, trans- 1, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Central Aleutian District of the Bering Sea mitting the Department’s final rule—Prohi- and Aleutian Islands Management Area the Committee on Transportation and Infra- bition Against Certain Flights Within the [Docket No. 010112013–1013–01; I.D. 091901A] structure. Territory and Airspace of Afghanistan 4336. A letter from the Chief, Regulations received October 1, 2001, pursuant to 5 U.S.C. [Docket No. FAA–2001–10664; SFAR 90] re- and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Resources. 4317. A letter from the Acting Adminis- ceived October 1, 2001, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- trator, Office of Sustainable Fisheries, 801(a)(1)(A); to the Committee on Transpor- ment’s final rule—Security Zone; Snell and NMFS, National Oceanic and Atmospheric tation and Infrastructure. Eisenhower Locks, St. Lawrence River, Administration, transmitting the Adminis- 4327. A letter from the Program Analyst, Massena, New York [CGD09–01–127] (RIN: tration’s final rule—Fisheries of the Exclu- FAA, Department of Transportation, trans- 2115–AA97) received October 1, 2001, pursuant sive Economic Zone Off Alaska; License mitting the Department’s final rule—Secu- to 5 U.S.C. 801(a)(1)(A); to the Committee on Limitation Program [Docket No. 010228052– rity Control of Air Traffic [Docket No. FAA– Transportation and Infrastructure. 1211–02; I.D. 010301D] (RIN: 0648–AL95) re- 2001–10693] (RIN: 2120–AH25) received October 4337. A letter from the Chief, Regulations ceived October 1, 2001, pursuant to 5 U.S.C. 1, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Resources. the Committee on Transportation and Infra- of Transportation, transmitting the Depart- 4318. A letter from the Acting Director, Of- structure. ment’s final rule—Security Zone; Lake On- fice of Sustainable Fisheries, NMFS, Na- 4328. A letter from the Chief, Regulations tario, Oswego, New York [CGD09–01–124] tional Oceanic and Atmospheric Administra- and Administrative Law, USCG, Department (RIN: 2115–AA97) received October 1, 2001, tion, transmitting the Administration’s final of Transportation, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—Fisheries of the Exclusive Economic ment’s final rule—Technical Amendments; mittee on Transportation and Infrastruc- Zone Off Alaska; Reallocation of Pollock Organizational Changes; Miscellaneous Edi- ture. [Docket No. 010112013–1013–01; I.D. 091701A] torial Changes; and Conforming Amend- 4338. A letter from the Chief, Regulations received October 1, 2001, pursuant to 5 U.S.C. ments [USCG–2001–10224] received October 1, and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Resources. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Transportation, transmitting the Depart- 4319. A letter from the Acting Director, Of- Committee on Transportation and Infra- ment’s final rule—Security Zone; Saint Law- fice of Sustainable Fisheries, NMFS, Na- structure. rence River, Massena, New York (RIN: 2115– tional Oceanic and Atmospheric Administra- 4329. A letter from the Chief, Regulations AA97) received October 1, 2001, pursuant to 5 tion, transmitting the Administration’s final and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on rule—Fisheries off West Coast States and in of Transportation, transmitting the Depart- Transportation and Infrastructure. the Western Pacific; Pacific Coast Ground- ment’s final rule—Drawbridge Operation 4339. A letter from the Chief, Regulations fish Fishery; Pacific Whiting Allocation Regulations: Piscataqua River, ME [CGD01– and Administrative Law, USCG, Department [Docket No. 001226367–0367–01; I.D. 090701C] re- 01–125] received October 1, 2001, pursuant to 5 of Transportation, transmitting the Depart- ceived October 1, 2001, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule—Security Zones; Port of 801(a)(1)(A); to the Committee on Resources. Transportation and Infrastructure. Jacksonville and Port Canaveral, Florida 4320. A letter from the Chief, Regulations 4330. A letter from the Paralegal Spe- [COTP Jacksonville-01–095] (RIN: 2115–AA97) and Administrative Law, USCG, Department cialist, FAA, Department of Transportation, received October 1, 2001, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Transpor- ment’s final rule—Drawbridge Operating Airworthiness Directives; Goodyear Tire and tation and Infrastructure. Regulation; Lake Pontchartrain, LA Rubber Company Flight Eagle Tires, 34X9.25– 4340. A letter from the Chief, Regulations [CGD08–01–034] received October 1, 2001, pur- 16 18PR 210MPH, Part Number 348F83–2 and Administrative Law, USCG, Department suant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 2001–CE–27–AD; Amendment 39– of Transportation, transmitting the Depart- mittee on Transportation and Infrastruc- 12431; AD 2001–18–05] (RIN: 2120–AA64) re- ment’s final rule—Safety and Security ture. ceived October 1, 2001, pursuant to 5 U.S.C. Zones; Coast Guard Force Protection Station 4321. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Transpor- Portsmouth Harbor, Portsmouth, New and Administrative Law, USCG, Department tation and Infrastructure. Hampshire; Coast Guard Base Portland,

VerDate 11-MAY-2000 05:59 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\CR\FM\L16OC7.000 pfrm04 PsN: H16PT1 H6918 CONGRESSIONAL RECORD — HOUSE October 16, 2001 South Portland, Maine; and Station with an amendment (Rept. 107–242). Referred By Mr. CRANE: Boothbay Harbor, Boothbay Harbor, Maine to the Committee of the Whole House on the H.R. 3129. A bill to authorize appropria- [CGD01–01–163] (RIN: 2115–AA97) received Oc- State of the Union. tions for fiscal years 2002 and 2003 for the tober 1, 2001, pursuant to 5 U.S.C. Mr. YOUNG of Alaska. Committee on United States Customs Service for 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. H.R. 2481. antiterrorism, drug interdiction, and other tation and Infrastructure. A bill to improve maritime safety and the operations, for the Office of the United 4341. A letter from the Program Analyst, quality of life for Coast Guard personnel, and States Trade Representative, for the United FAA, Department of Transportation, trans- for other purposes; with an amendment States International Trade Commission, and mitting the Department’s final rule—Stand- (Rept. 197–243). Referred to the Committee of for other purposes; to the Committee on ard Instrument Approach Procedures; Mis- the Whole House on the State of the Union. Ways and Means. cellaneous Amendments [Docket No. 30267; Mr. THOMAS: Committee on Ways and By Mr. BOEHLERT (for himself, Mr. Amdt. No. 2068] received October 1, 2001, pur- Means. H.R. 3008. A bill to reauthorize the LARSON of Connecticut, Ms. HART, suant to 5 U.S.C. 801(a)(1)(A); to the Com- trade adjustment assistance program under Mr. HONDA, and Mr. UDALL of Colo- mittee on Transportation and Infrastruc- the Trade Act of 1974 (Rept. 107–244). Referred rado): ture. to the Committee of the Whole House on the H.R. 3130. A bill to provide for increasing 4342. A letter from the Program Analyst, State of the Union. the technically trained workforce in the FAA, Department of Transportation, trans- Mr. THOMAS: Committee on Ways and United States; to the Committee on Science, mitting the Department’s final rule—Stand- Means. H.R. 3010. A bill to amend the Trade and in addition to the Committee on Edu- ard Instrument Approach Procedures; Mis- Act of 1974 to extend the Generalized System cation and the Workforce, for a period to be cellaneous Amendments [Docket No. 30269; of Preferences until December 31, 2002 (Rept. subsequently determined by the Speaker, in Amdt. No. 2070] received October 1, 2001, pur- 107–245). Referred to the Committee of the each case for consideration of such provi- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Whole House on the State of the Union. sions as fall within the jurisdiction of the mittee on Transportation and Infrastruc- Mr. HOBSON: Committee of Conference. committee concerned. ture. Conference report on H.R. 2904. A bill mak- By Mr. DREIER (for himself, Mr. RAN- 4343. A letter from the Administrator, Gen- ing appropriations for military construction, GEL, Mr. BERMAN, Mr. FOLEY, Mr. eral Services Administration, transmitting family housing, and base realignment and MATSUI, Mr. WELLER, Mr. BECERRA, an informational copy of a lease closure for the Department of Defense for Ms. DUNN, Mr. CONDIT, Mrs. BONO, prospectuses for the Corps of Engineers the fiscal year ending September 30, 2002, and Mr. WEINER, Mr. MCINTYRE, Ms. Jacksonville, FL, pursuant to 40 U.S.C. for other purposes (Rept. 107–246). Ordered to MCCARTHY of Missouri, and Mr. JEF- 606(a); to the Committee on Transportation be printed. FERSON): and Infrastructure. Mr. HASTINGS of Washington: Committee H.R. 3131. A bill to amend the Internal Rev- 4344. A letter from the Deputy Adminis- on Rules. House Resolution 267. Resolution enue Code of 1986 to allow a United States trator, General Services Administration, waiving points of order against the con- independent film and television production transmitting a report of a Building Project ference report to accompany the bill (H.R. wage credit; to the Committee on Ways and Survey for Toledo, OH, pursuant to 40 U.S.C. 2217) making appropriations for the Depart- Means. 606(a); to the Committee on Transportation ment of the Interior and related agencies for By Mr. MCGOVERN (for himself, Mr. and Infrastructure. the fiscal year ending September 30, 2002, and BACHUS, Mr. OBERSTAR, Mrs. 4345. A letter from the Chief, Regulations for other purposes (Rept. 107–247). Referred MORELLA, Ms. MCKINNEY, Ms. MCCOL- Branch, U.S. Customs Service, Department to the House Calendar. LUM, Mr. BLUMENAUER, Mr. HORN, Mr. Mr. DIAZ-BALART: Committee on Rules. of the Treasury, transmitting the Depart- NETHERCUTT, Mr. LATOURETTE, Mr. House Resolution 268. Resolution waiving ment’s final rule—Preferential Treatment of STEARNS, Mrs. THURMAN, Mr. WOLF, points of order against the conference report Brassieres Under the United States-Carib- and Mr. DEFAZIO): to accompany the bill (H.R. 2904) making ap- bean Basin Trade Partnership Act [T.D. 01– H.R. 3132. A bill to amend titles 23 and 49, propriations for military construction, fam- 74] (RIN: 1515–AC89) received October 2, 2001, United States Code, concerning length and ily housing, and base realignment and clo- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- weight limitations for vehicles operating on sure for the Department of Defense for the mittee on Ways and Means. Federal-aid highways, and for other pur- fiscal year ending September 30, 2002 (Rept. poses; to the Committee on Transportation f 107–248). Referred to the House Calendar. and Infrastructure. Mr. THOMAS: Committee on Ways and By Mr. CANTOR: REPORTS OF COMMITTEES ON Means. H.R. 3005. A bill to extend trade au- PUBLIC BILLS AND RESOLUTIONS H.R. 3133. A bill to amend title II of the So- thorities procedures with respect to recip- cial Security Act to authorize waivers by the Under clause 2 of rule XIII, reports of rocal trade agreements; with an amendment Commissioner of Social Security of the 5- committees were delivered to the Clerk (Rept. 107–249 Pt. 1). Ordered to be printed. month waiting period for entitlement to ben- for printing and reference to the proper DISCHARGE OF COMMITTEE efits based on disability in cases in which the calendar, as follows: Pursuant to clause 2 of the rule XII Commissioner determines that such waiting the Committee on Financial Services period would cause undue hardship to termi- Mr. SENSENBRENNER: Committee on the nally ill beneficiaries; to the Committee on Judiciary. H.R. 1408. A bill to safeguard the discharged from further consideration. H.R. 2716 committed to the Committee Ways and Means. public from fraud in the financial services By Mr. DAVIS of Illinois (for himself industry, to streamline and facilitate the of the Whole House on the State of the and Ms. LEE): antifraud information-sharing efforts of Fed- Union and ordered to be printed. H.R. 3134. A bill to amend the Internal Rev- eral and State regulators, and for other pur- Pursuant to clause 2 of rule XII the enue Code of 1986 to make a technical correc- poses; with an amendment (Rept. 107–192 Pt. Committee on the Judiciary discharged tion to the definition of hard cider for pur- 2). Referred to the Committee of the Whole from further consideration. H.R. 3016 poses of the excise tax on alcohol; to the House on the State of the Union. committed to the Committee of the Committee on Ways and Means. Mr. SENSENBRENNER: Committee on the By Mr. DEMINT: Judiciary. H.R. 1552. A bill to extend the Whole House on the State of the Union and ordered to be printed. H.R. 3135. A bill to provide for the issuance moratorium enacted by the Internet Tax of certificates to Social Security bene- Freedom Act through 2006, and for other pur- f ficiaries guaranteeing their right to receive poses; with amendments (Rept. 107–240). Re- social security benefits under title II of the ferred to the Committee of the Whole House TIME LIMITATION OF REFERRED BILL Social Security Act in full with an accurate on the State of the Union. annual cost-of-living adjustment; to the Mr. SMITH of New Jersey. Committee on Pursuant to clause 2 of rule XII the Committee on Ways and Means. Veterans’ Affairs. H.R. 2716. A bill to amend following action was taken by the By Mr. FILNER: title 38, United States Code, to revise, im- Speaker: H.R. 3136. A bill to develop and implement prove, and consolidate provisions of law pro- H.R. 2716. Referral to the Committee on Fi- a plan to allow general aviation aircraft to viding benefits and services for homeless vet- nancial Services extended for a period ending fly using certain rules; to the Committee on erans; with an amendment (Rept. 107–241 Pt. not later than October 16, 2001. Transportation and Infrastructure. 1). Referred to the Committee of the Whole H.R. 3005. Referral to the Committee on By Mr. FORBES (for himself and Mr. House on the State of the Union. Rules extended for a period ending not later FOSSELLA): Mr. SMITH of New Jersey. Committee on than October 17, 2001. H.R. 3137. A bill to amend the Internal Rev- Veterans’ Affairs. H.R. 2792. A bill to amend enue Code of 1986 to exclude from gross in- title 38, United States Code, to authorize the f come certain terrorist attack zone com- Secretary of Veterans Affairs to make serv- PUBLIC BILLS AND RESOLUTIONS pensation of civilian uniformed personnel; to ice dogs available to disabled veterans and to the Committee on Ways and Means. make various other improvements in health Under clause 2 of rule XII, public By Mr. GRAVES: care benefits provided by the Department of bills and resolutions were introduced H.R. 3138. A bill to establish a club drug Veterans Affairs, and for other purposes; and severally referred, as follows: taskforce, and to authorize grants to expand

VerDate 11-MAY-2000 05:59 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\L16OC7.000 pfrm04 PsN: H16PT1 October 16, 2001 CONGRESSIONAL RECORD — HOUSE H6919

prevention efforts regarding the abuse of mittee on Energy and Commerce, and in ad- H.R. 1910: Mr. WAXMAN. club drugs; to the Committee on Energy and dition to the Committee on Ways and Means, H.R. 1988: Mr. HOLDEN. Commerce. for a period to be subsequently determined H.R. 2163: Mr. WELLER. By Mr. SAM JOHNSON of Texas (for by the Speaker, in each case for consider- H.R. 2219: Mr. SIMMONS. himself and Mr. KLECZKA): ation of such provisions as fall within the ju- H.R. 2254: Ms. CARSON of Indiana, Mr. H.R. 3139. A bill to amend the Internal Rev- risdiction of the committee concerned. UDALL of Colorado, and Mr. EVANS. enue Code of 1986 to provide for capital gains By Mr. YOUNG of Alaska: H.R. 2269: Mr. BROWN of South Carolina, treatment for certain termination payments H.R. 3148. A bill to amend the Alaska Na- Mr. MORAN of Virginia, and Mr. SESSIONS. received by former insurance salesmen; to tive Claims Settlement Act to provide equi- H.R. 2308: Ms. MCCOLLUM. the Committee on Ways and Means. table treatment of Alaska Native Vietnam H.R. 2349: Ms. BALDWIN, Mr. DICKS, and Mr. By Mr. KENNEDY of Rhode Island (for Veterans, and for other purposes. INSLEE. himself and Mr. HASTINGS of Florida): By Ms. LEE: H.R. 2357: Mr. TIAHRT and Mr. DUNCAN. H.R. 3140. A bill to provide tax and other H. Con. Res. 250. Concurrent resolution H.R. 2362: Mr. SOUDER. incentives to maintain a vibrant travel and honoring the United States Capitol Police H.R. 2374: Mr. LEVIN. tourism industry, to keep working people for their commitment to security at the Cap- H.R. 2412: Ms. BALDWIN. working, and to stimulate economic growth, itol; to the Committee on House Administra- H.R. 2417: Mr. GREENWOOD. and for other purposes; to the Committee on tion. H.R. 2426: Mr. JEFFERSON, Mr. THOMPSON of Ways and Means, and in addition to the Com- By Ms. PELOSI: Mississippi, Mr. TAYLOR of Mississippi, Mr. mittees on Energy and Commerce, Small H. Res. 266. Resolution congratulating WICKER, Mr. SHOWS, Mr. BLUMENAUER, and Business, and Education and the Workforce, Barry Bonds on his spectacular, record- Mr. PICKERING. for a period to be subsequently determined breaking season for the San Francisco Gi- H.R. 2574: Mr. HEFLEY. by the Speaker, in each case for consider- ants and Major League Baseball; to the Com- H.R. 2577: Mr. BARCIA, Mr. DINGELL, Mr. ation of such provisions as fall within the ju- mittee on Government Reform. KILDEE, Mr. UPTON, Mr. LEVIN, Mr. HOEK- risdiction of the committee concerned. f STRA, Mr. ROGERS of Michigan, and Mr. By Mr. YOUNG of Alaska: CAMP. H,.R. 3148. A bill to amend the Alaska Na- ADDITIONAL SPONSORS H.R. 2592: Ms. CARSON of Indiana. tive Claims Settlement Act to provide equi- Under clause 7 of rule XII, sponsors H.R. 2613: Mr. HOLDEN. table treatment of Alaska Native Vietnam were added to public bills and resolu- H.R. 2619: Mr. PAYNE. Veterans,and for other purposes. tions as follows: H.R. 2623: Mr. FALEOMAVAEGA. H.R. 2629: Ms. WOOLSEY. By Mr. KLECZKA: [October 16 (legislative day, October 17), 2001] H.R. 3141. A bill to provide for a program of H.R. 2663: Ms. ROS-LEHTINEN, Mr. GORDON, emergency unemployment compensation and H.R. 91: Mr. PLATTS. and Mr. FORD. H.R. 218: Mrs. EMERSON, Mr. ETHERIDGE, emergency health coverage assistance; to the H.R. 2677: Ms. SOLIS. and Mr. DINGELL. Committee on Ways and Means, and in addi- H.R. 2693: Mr. BENTSEN. H.R. 257: Mr. SMITH of Michigan. tion to the Committees on Education and H.R. 2716: Mr. SNYDER. H.R. 394: Mr. CRAMER and Mr. UDALL of the Workforce, and Energy and Commerce, Colorado. H.R. 2722: Mr. BRADY of Pennsylvania, Mr. for a period to be subsequently determined H.R. 482: Mr. HOSTETTLER. BROWN of Ohio, Mr. MORAN of Virginia, Mr. by the Speaker, in each case for consider- H.R. 488: Mr. MALONEY of Connecticut and BARRETT, Mr. ENGEL, and Mr. BAIRD. ation of such provisions as fall within the ju- Mr. INSLEE. H.R. 2725: Ms. LOFGREN and Ms. WATSON. risdiction of the committee concerned. H.R. 527: Mr. CRANE. H.R. 2775: Mr. BRADY of Pennsylvania and By Mr. RADANOVICH: H.R. 534: Ms. PRYCE of Ohio, Mr. SWEENEY, Mr. OWENS. H.R. 3142. A bill to establish a separate Mr. BARTLETT of Maryland, Mrs. JOHNSON of H.R. 2781: Mr. GOODLATTE and Mr. COX. process for State commission evaluation of Connecticut, and Mr. NETHERCUTT. H.R. 2794: Mr. UDALL of Colorado, Mr. rural and small telephone company exemp- H.R. 664: Mr. WEINER. LARGENT, Mr. BOSWELL, Mrs. MORELLA, and tions, suspensions, and modifications, with H.R. 697: Mr. FRANK. Mr. ANDREWS. respect to advanced telecommunications ca- H.R. 782: Ms. LOFGREN, Mr. UNDERWOOD, H.R. 2795: Mr. LARSON of Connecticut, Mr. pabilities; to the Committee on Energy and Mr. GREEN of Texas, Ms. BROWN of Florida, TERRY, and Mr. FERGUSON. Commerce. Mr. HASTINGS of Florida, and Mr. H.R. 2804: Mr. BAIRD. By Mr. REYNOLDS (for himself and LATOURETTE. H.R. 2805: Mr. PICKERING, Mr. LARGENT, and H.R. 783: Mr. MCDERMOTT. Mrs. MALONEY of New York): Mr. SMITH of New Jersey. H.R. 975: Mr. SHIMKUS. H.R. 3143. A bill to amend the Internal Rev- H.R. 2896: Mr. OTTER. H.R. 1178: Ms. BERKLEY, Ms. BROWN of Flor- enue Code of 1986 to encourage the patronage H.R. 2899: Mr. WU. ida, and Mr. MCDERMOTT. of the travel, hospitality, restaurant, and en- H.R. 2917: Ms. MCCARTHY of Missouri, Mr. H.R. 1198: Mr. SANDLIN, Mr. STENHOLM, Mr. tertainment industries; to the Committee on LOBIONDO, Mr. TIBERI, Mr. ROTHMAN, Mr. HOYER, Ms. EDDIE BERNICE JOHNSON of Texas, Ways and Means. MCGOVERN, Mr. KENNEDY of Minnesota, Mr. Mr. MARKEY, Mr. MORAN of Virginia, Mr. LATOURETTE, Mr. PASCRELL, Mr. SABO, Mr. By Mr. REYNOLDS: MENENDEZ, Mr. ORTIZ, Ms. WOOLSEY, Mr. H.R. 3144. A bill to amend the Internal Rev- CRAMER, and Mr. GALLEGLY. JOHN, Mr. ACKERMAN, Mr. REGULA, and Mr. enue Code of 1986 to provide a temporary in- H.R. 2921: Mr. FORBES. GRAVES. centive for investing in tangible property in H.R. 1230: Mr. UNDERWOOD and Mrs. THUR- H.R. 2940: Mr. TOWNS. the United States; to the Committee on H.R. 2945: Ms. CARSON of Indiana and Mr. MAN. Ways and Means. H.R. 1251: Ms. SOLIS. WU. By Ms. ROS-LEHTINEN (for herself H.R. 1254: Mr. TOOMEY. H.R. 2946: Mr. WU. and Mr. GILMAN): H.R. 1292: Mr. LARSON of Connecticut. H.R. 2951: Mrs. MORELLA. H.R. 3145. A bill to promote greater co- H.R. 1309: Mr. STUPAK. H.R. 2955: Mrs. CHRISTENSEN, Mr. KUCINICH, operation between the United States and its H.R. 1351: Mr. BISHOP. Mr. WAXMAN, Mr. BROWN of Ohio, Mr. LEWIS European allies toward religious tolerance H.R. 1354: Ms. KAPTUR. of Georgia, and Mr. FORD. and to require the imposition of punitive H.R. 1374: Mr. BARCIA, Mr. DINGELL, Mr. H.R. 2965: Mr. HEFLEY and Mr. GORDON. measures with respect to entities that dis- KILDEE, Mr. UPTON, Mr. LEVIN, Mr. HOEK- H.R. 2970: Mr. ISAKSON and Mr. OTTER. criminate against individuals or groups on STRA, Mr. ROGERS of Michigan, and Mr. H.R. 2991: Mr. GREENWOOD and Mr. the basis of religion or belief; to the Com- CAMP. OSBORNE. mittee on International Relations, and in ad- H.R. 1609: Mr. SNYDER and Mr. GOODLATTE. H.R. 2998: Mr. BALLENGER, Mr. HEFLEY, Mr. H.R. 1624: Mr. PETRI and Mrs. EMERSON. dition to the Committees on the Judiciary, DEUTSCH, Mr. KENNEDY of Minnesota, Mrs. JO H.R. 1626: Mr. TERRY. and Ways and Means, for a period to be sub- H.R. 1733: Mr. EVANS. ANN DAVIS of Virginia, Mr. KING, Mr. UNDER- sequently determined by the Speaker, in H.R. 1744: Mr. BACA, Mr. BAIRD, and Mr. WOOD, and Mr. WEXLER. each case for consideration of such provi- ROTHMAN. H.R. 3006: Mr. EVERETT, Mr. SHOWS, Mr. sions as fall within the jurisdiction of the H.R. 1773: Mrs. MCCOLLUM. STEARNS, and Mr. TERRY. committee concerned. H.R. 1779: Mr. PETERSON of Minnesota and H.R. 3007: Mrs. CHRISTENSEN, Mr. BARTLETT By Mr. SMITH of New Jersey: Mr. HEFLEY. of Maryland, Mr. BAIRD, Mr. RYAN of Wis- H.R. 3146. A bill to restrict the trans- H.R. 1780: Ms. CARSON of Indiana and Ms. consin, and Mr. BERRY. mission of unsolicited electronic mail mes- WOOLSEY. H.R. 3011: Mr. LARSEN of Washington and sages; to the Committee on Energy and Com- H.R. 1798: Ms. PRYCE of Ohio and Mr. Mr. BALDACCI. merce. SWEENEY. H.R. 3015: Mrs. JONES of Ohio, Mr. By Ms. WOOLSEY: H.R. 1841: Ms. HARMAN, Ms. CARSON of Indi- BLAGOJEVICH, Mr. TIERNEY, and Mr. EVANS. H.R. 3147. A bill to amend section 404 of the ana, Mr. WEXLER, Mr. BRADY of Pennsyl- H.R. 3021: Mr. WALDEN of Oregon. Medicare, Medicaid, and SCHIP Benefits Im- vania, Ms. ROS-LEHTINEN, Mr. LARSEN of H.R. 3026: Ms. LOFGREN. provement and Protection Act of 2000 with Washington, Mr. GILCHREST, Mr. GEKAS, Ms. H.R. 3029: Mr. SMITH of Washington, Mrs. respect to application of employment cri- WATSON, Ms. MCCOLLUM, Mr. CLEMENT, Ms. ROUKEMA, Mrs. JOHNSON of Connecticut, Mr. teria under management contracts for cer- SCHAKOWSKY, Mr. CAPUANO, Mr. ORTIZ, Mr. JACKSON of Illinois, Mr. CUMMINGS, Mr. FORD, tain mental health facilities; to the Com- GONZALEZ, and Mr. CLAY. and Mr. UNDERWOOD.

VerDate 11-MAY-2000 05:59 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\L16OC7.100 pfrm04 PsN: H16PT1 H6920 CONGRESSIONAL RECORD — HOUSE October 16, 2001 H.R. 3032: Mr. KLECZKA. Mr. GORDON, Mr. DEFAZIO, Mr. DEUTSCH, Mr. DELETIONS OF SPONSORS FROM H.R. 3033: Mr. FRANK. EVANS, Mr. PHELPS, Mr. HINCHEY, Mr. OWENS, PUBLIC BILLS AND RESOLUTIONS H.R. 3036: Mr. PETERSON of Minnesota and Mr. MCINNIS, Mr. HASTINGS of Florida, Mr. Under clause 7 of rule XII, sponsors Mr. TOWNS. KUCINICH, Mr. ORTIZ, Mr. SANDLIN, Mrs. H.R. 3040: Mr. GEORGE MILLER of Cali- MCCARTHY of New York, and Mrs. TAUSCHER. were deleted from public bills and reso- fornia. lutions as follows: H. Con. Res. 184: Mr. ARMEY, Mr. KINGSTON, H.R. 3041: Mr. REYNOLDS, Ms. BERKLEY, Mr. [October 16 (legislative day, October 17), 2001] RAMSTAD, and Mr. OBERSTAR. Mr. WAMP, Mr. WATKINS, and Mr. NEY. H.R. 1305: Mr. SHOWS. H.R. 3059: Ms. CARSON of Indiana, Mr. H. Con. Res. 211: Mr. LEACH, Mr. GEORGE DAVIS of Illinois, and Mr. EVANS. MILLER of California, and Mr. TIERNEY. f H.R. 3063: Mr. PETERSON of Minnesota and Mr. TOWNS. H. Con. Res. 217: Mr. BEREUTER. AMENDMENTS H.R. 3077: Mr. SMITH of New Jersey, Mr. H. Con. Res. 232: Ms. LOFGREN, Mr. WATTS Under clause 8 of rule XVIII, pro- SHAYS, and Mr. JONES of North Carolina. of Oklahoma, Mr. OWENS, Mr. PASCRELL, Mr. posed amendments were submitted as H.R. 3079: Mr. KENNEDY of Rhode Island. DOOLEY of California, Mr. FALEOMAVAEGA, H.R. 3087: Mr. FILNER, Mr. FROST, and Mr. follows: Mr. GUTKNECHT, Mr. SOUDER, Mr. CALVERT, MCGOVERN. H.R. 3090 Mr. WELDON of Florida, Mr. INSLEE, and Mr. H.R. 3088: Mr. HOUGHTON, Mr. SIMMONS, Mr. OFFERED BY: MR. FARR OF CALIFORNIA NEY. GRUCCI, Mr. TANCREDO, Mr. BURTON of Indi- AMENDMENT NO. 1: Insert at the appro- ana, Mr. GIBBONS, Mr. WELDON of Pennsyl- H. Con. Res. 233: Mr. SOUDER and Mr. WU. priate place in the bill the following new sec- vania, Mr. WAXMAN, Mr. MANZULLO, Mrs. JO H. Con. Res. 234: Mr. GEKAS and Mr. tion (and conform the table of contents ac- ANN DAVIS of Virginia, Mr. REGULA, Mr. TOOMEY. cordingly): STEARNS, Mr. TOM DAVIS of Virginia, Mr. GREENWOOD, Mr. TERRY, Mr. NEY, Mrs. H. Con. Res. 240: Ms. SOLIS, Ms. BALDWIN, SEC. ll. ONE-YEAR INCREASED DEDUCTION BIGGERT, Mr. BALLENGER, Mr. CULBERSON, Mr. SANDERS, and Mr. HOEFFEL. FOR MEAL EXPENSES. Mr. KIRK, Mr. PENCE, Mr. WALSH, Mr. CROW- (a) IN GENERAL.—Paragraph (1) of section H. Con. Res. 248: Mr. BARR of Georgia, Mr. LEY, Mr. FROST, Mr. CANTOR, Mr. TAUZIN, Mr. 274(n) (relating to only 50 percent of meal RYUN of Kansas, and Mr. TRAFICANT. ISAKSON, Mr. PETERSON of Minnesota, Mr. and entertainment expenses allowed as de- HANSEN, Mr. COBLE, and Mr. CANNON. H. Con. Res. 249: Mr. OWENS, Mr. MCNULTY, duction) is amended by inserting after ‘‘shall H.R. 3106: Mr. CLEMENT. Mr. KING, Mr. HINCHEY, Mrs. MALONEY of not exceed 50 percent’’ the following: ‘‘(80 H.R. 3109: Mr. PAYNE. New York, and Mrs. LOWEY. percent for taxable years beginning during H.J. Res. 6: Mrs. LOWEY. 2001)’’. H. Res. 259: Mr. PAYNE. H.J. Res. 21: Ms. KILPATRICK. (b) EFFECTIVE DATE.—The amendment H.J. Res. 67: Mr. FROST, Mr. BEREUTER, Mr. H. Res. 262: Mr. GEORGE MILLER of Cali- made by this section shall apply to taxable EDWARDS, Mr. BURTON of Indiana, Mr. WYNN, fornia and Mrs. TAUSCHER. years beginning after December 31, 2001.

VerDate 11-MAY-2000 04:40 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\A16OC7.087 pfrm04 PsN: H16PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, OCTOBER 16, 2001 No. 139 Senate The Senate met at 10 a.m. and was lic for which it stands, one nation under God, and 11:30 be divided equally between called to order by the Honorable JOHN indivisible, with liberty and justice for all. the majority and minority for morning EDWARDS, a Senator from the State of f business. North Carolina. The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING pore. Without objection, it is so or- PRAYER PRESIDENT PRO TEMPORE dered. The Chaplain, Dr. Lloyd John The PRESIDING OFFICER. The Mr. REID. Mr. President, I suggest Ogilvie, offered the following prayer: clerk will please read a communication the absence of a quorum. I ask unani- The Psalmist reminds us: ‘‘The Lord to the Senate from the President pro mous consent, further, that the time be is my light and my salvation; whom tempore (Mr. BYRD). equally divided between the minority shall I fear? The Lord is the strength of The legislative clerk read the fol- and majority. my life; of whom shall I be afraid?’’ lowing letter: The ACTING PRESIDENT pro tem- Let us pray: Dear God, grant us spir- U.S. SENATE, pore. Without objection, it is so or- itual, intellectual, and physical revi- PRESIDENT PRO TEMPORE, dered. talization today. You provide bound- Washington, DC, October 16, 2001. The clerk will call the roll. less energy for the tense and tired. To the Senate: The assistant legislative clerk pro- Your life force surges within us to give Under the provisions of rule I, paragraph 3, ceeded to call the roll. of the Standing Rules of the Senate, I hereby Mr. REID. Madam President, I ask us enthusiasm for the work of this day appoint the Honorable JOHN EDWARDS, a Sen- and for the many challenges that we ator from the State of North Carolina, to unanimous consent that the order for face. You lift out of our souls fear and perform the duties of the Chair. the quorum call be rescinded. panic, and in their place You put Your ROBERT C. BYRD, The PRESIDING OFFICER (Ms. peace and power. Your love for us gives President pro tempore. CANTWELL). Without objection, it is so us a renewed desire to love and care for Mr. EDWARDS thereupon assumed ordered. the people around us. Help us to give the chair as Acting President pro tem- Mr. REID. Madam President, how each other the quality of kindness and pore. much time is remaining for morning patience and encouragement that You f business on each side? have expressed to us. Saturate our The PRESIDING OFFICER. Four and souls with Your grace so that in spite RECOGNITION OF THE ACTING one-half minutes on each side. MAJORITY LEADER of everything, joy might radiate on our f faces and be expressed in our attitudes. The ACTING PRESIDENT pro tem- HOLDING UP APPROPRIATIONS Astound us again with the magnitude pore. The acting majority leader is rec- BILLS of responsibility You have given to this ognized. Senate to lead this great Nation at this f Mr. REID. Madam President, today is crucial time. Thank You for the moral the fifth anniversary—that is, weekly and spiritual leadership You have RECESS SUBJECT TO THE CALL OF anniversary—of the attacks our Nation called the Senators to provide for THE CHAIR sustained on September 11. These at- America. And so grant them special Mr. REID. Mr. President, there is a tacks fundamentally changed the legis- strength today; fill them with Your very important briefing now taking lative priorities of the 107th Congress. spirit so that everything that they say place downstairs, and it is the thought The sense of urgency which fell upon and do might glorify You. We count it that the Presiding Officer and other the Congress has required all of us— a great blessing to be alive today and Senators should be there. I ask unani- every Senator, all the leadership, com- to be equipped by You to do the work mous consent the Senate stand in re- mittee chairmen—to reorder their pri- of government with inspired excel- cess subject to the call of the Chair. orities to deal with the new war-re- lence. In the name of our Lord and Sav- There being no objection, the Senate, lated demands. The necessary sac- iour. Amen. at 10:04 a.m., recessed until 10:52 a.m., rifices have been for a greater cause. f when called to order by the Acting In addition to the war-related meas- President pro tempore. ures we had to undertake, the adminis- PLEDGE OF ALLEGIANCE f tration, of course, is expecting us to The Honorable JOHN EDWARDS led the pass all the annual spending bills nec- Pledge of Allegiance, as follows: MORNING BUSINESS essary to keep the Government oper- I pledge allegiance to the Flag of the Mr. REID. Mr. President, I ask unan- ating. Regrettably, in the past several United States of America, and to the Repub- imous consent the time between now weeks there has been a concerted effort

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

S10745

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10746 CONGRESSIONAL RECORD — SENATE October 16, 2001 by some to prevent us from considering to move these nominations as quickly nominees over funding to allow him to these measures. In fact, there are no as we can. better respond to the growing number basic policy differences or disagree- They believe it is a greater priority of anthrax cases? That answer is obvi- ments in these measures. They are to move some judges than it is to do ous. The administration rightfully ex- driven by a desire to increase the num- other matters now before the Senate; pects us to pass annual appropriations ber of judicial nominations. namely, appropriations bills. bills. The efforts by the minority to Let me say in response, the state- These tactics are not simply dila- block consideration of these and other ment made yesterday by a number of tory; they are obstructionist. They important measures are not only self- people on the other side that the ma- demonstrated last week that they were serving, they are self-defeating. jority leader and I, when we were in even willing to hold up an aviation se- We hear daily demands for consider- the minority, held up legislation be- curity bill. We worked our way through ation of an energy bill. We should have cause of judges is simply not true. We that timewise, but it took a lot of an energy bill. I don’t know how in the made statements. The only time there extra time. world we are going to have the time. was ever an effort, as I recall—and they Madam President, I ask unanimous We have lost 2 weeks of doing anything talked about it yesterday—was an au- consent that I be allowed to speak for by their holding things up because of thorization bill, not an appropriations an additional 5 minutes and the Repub- judges. We cannot consider energy bill. In fact, we worked very hard to licans have 5 additional minutes after until the other measures are disposed move appropriations bills. We were in the morning hour has terminated. of, and we can’t dispose of those be- the minority, but we worked very hard The PRESIDING OFFICER. Without cause the minority won’t allow us. objection, it is so ordered. So it seems to me that we should be to have our Members take off holds on Mr. REID. I am wondering if we are for this legislation. The fact that we bills so we could move the appropria- going to be prevented from considering are not moving forward with it is an tions bills through the process. the Defense appropriations bill. I as- answer to a question that has already We did a good job. We worked with sume so. Are we going to be prevented been asked. We have a limited amount them to pass virtually every appropria- from considering a Labor-HHS bill to of time. We have a number of pieces of tions bill. Senator DASCHLE did nothing provide funding to deal with, for exam- legislation that we must complete, and to hold up appropriations bills. In fact, ple, bioterrorism threats? I assume so. we are not going to be able to do them. he worked very hard to pass them. One The question confronting the minority We can only do so much. The com- of the assignments I had from Senator is whether these tactics are worth con- mittee can only do so much. We can DASCHLE was to get rid of amendments firmation of a few additional judges. I get into all the numbers that we want. on appropriations bills. I worked hard assume that is a decision they have We believe we are treating them much to do that. made. better than we were treated. Now, in an effort to get judicial con- People of Nevada are concerned As I said yesterday, at the time we firmations, appropriations bills are about what we are doing to fight the took control of the Senate, half of the being held up. I had someone tell me war. They are not concerned about first year was gone. Not a single con- yesterday: We could whip right judges. We are going to do everything firmation hearing was held and not a through these. When the time comes to we can to take care of these judges. single confirmation was considered by complete these bills, we will do them Senator LEAHY has worked extremely the majority at that time. We have quickly. hard. He will continue to do so. We are done much better. We are going to con- We can’t do appropriations bills going to do all the judges we can. tinue to do everything we can to move quickly. It is the nature of these bills I am concerned. When you recognize these judges. that they are hard. Foreign operations there are no major disagreements on I am a lawyer. I believe judges are is always a contentious bill. Labor- the spending bills, we have worked important. I am going to do everything HHS is a contentious bill. Defense ap- with the President to get the numbers I can to move the nominations along. propriations is a contentious bill. D.C. up where we can move them out of con- We can’t do it with this hammer to our appropriations is difficult legislation. ference. On my bill, energy and water, head. We are doing the best we can. We are not going to be able to whip we will have a meeting at 3 o’clock The PRESIDING OFFICER. The Sen- through these bills. The time we have today. That will basically be wrapped ator from Wyoming is recognized. taken in these last several days wait- up. I am wondering if they are going to Mr. THOMAS. Madam President, ing on motions to proceed, using up 30 allow us to do the conference reports what is our status? The PRESIDING OFFICER. The Sen- hours, is time we could have spent on on the appropriations bills we have ate is in morning business, and 91⁄2 min- appropriations. completed. I have been told no. Senator MURKOWSKI said he will These bills are important. The appro- utes are remaining under the Senator’s come in every day and talk about priators, the administration, and the control. ANWR and the need for an energy pol- budgeteers are all in agreement on the f icy. More power to him. There is a lot remaining bills. Holding them up hurts WORK THE SENATE CAN of time to come and talk because we the country. It is not hurting the ACCOMPLISH are not doing anything that is con- Democratic Senators; it is hurting the Mr. THOMAS. Madam President, on structive in nature. If he wants us to country. the issue we have before us, obviously, move to an energy bill, then he should I am sure if we asked the Attorney we have many things to do. We have talk to the people on his side of the General whether he wanted the bill met this morning and we have been aisle so that we can complete these ap- funding his ability to maintain and en- working on an economic stimulus propriations bills. large his efforts to combat terrorism, package, which is very necessary and I think the President should be con- he would choose that over some more important. We also need to do the ordi- cerned about what is taking place. We judges. We could ask Secretary Powell nary work that is always before the have bent over backwards to be fair to whether he would want funding to im- Congress—the appropriations. the President. We are going to con- prove our embassy security and the I continue to hear all the time from tinue to be fair to the President. We many other things the foreign oper- the other side of the aisle that we just are going to continue to move judicial ations bill addresses. Secretary Powell can’t do all these things; we have too nominations as quickly as we can. is now in Pakistan. I will bet there much and we can’t do these things at There is a hearing set this week where hasn’t been a single word spoken be- the same time. It doesn’t mean you we are going to move five. Senator tween Secretary Powell and President have to give up working on the floor on LEAHY is going to have hearings next Musharraf about how many judges we issues such as appropriations. You can week, even though when the majority are confirming. I bet there are a lot of go ahead in a committee and do some was on the other side of the aisle, they questions on what we are going to do to things with the judiciary and get some never held confirmation hearings 2 aid India and Pakistan with the prob- of those things out here. weeks in a row. We are going to do that lems they have. In my State, we happen to have four because we are not going to treat them Would Secretary Thompson prefer a appointees, all of whom were nomi- the way they treated us. We are going commitment for faster consideration of nated prior to the August recess. None

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10747 of them has even had hearings. That is ing legislation, but also do these things grams for the fiscal year ending September a problem with the committee, not a that are very important to the oper- 30, 2002, and for other purposes. problem on the floor. It is a problem ation of Government. The PRESIDING OFFICER. The Sen- with moving forward. As we move into Of course, now we find ourselves with ator from Nevada. this matter of internal terrorism, and more and more difficulties in terms of Mr. REID. Madam President, I am so on, the U.S. attorneys are going to internal terrorism and the anthrax not going to speak at great length be very important, as are U.S. mar- issue that is coming up. But I can tell about why we are in the position we shals. Do we have them? No. There is you it is the belief among the Members are. I have already spoken. As I have no reason we don’t have to do one or of Congress that we are going to take said, Senator LEAHY has a hearing the other. We can do both of them. every method of making sure we are scheduled this week. He is going to Frankly, the constant talk that we safe and that our staffs are safe. On the have some hearings next week. The re- hear that we didn’t do as many when other hand, we can do those things that port I received recently is that we have you were in the majority is immate- are necessary and we can go forward not done any U.S. marshals because we rial, whether that is right or wrong. with the job we have to do. I suspect do not have them. They have not been The fact is, here is where we are, and we are here to complete our task. sent to the committee. We cannot do we have 50-some judges waiting to be I have suggested in the past that it. approved, with very few in. In the maybe we can set some priorities and We approved 14 U.S. attorneys last Tenth Circuit, we have 4 vacancies out have our priorities established, move Thursday. We are moving these nomi- of 12. There is no movement to do any- forward with them and deal with those nations along just as quickly as we thing about that. things that are not being done and say, can. The Senator from Wyoming is abso- So I guess what I am saying is I feel yes, we are going to do it at a certain lutely right we need to do; an energy badly about it as well. I would like to time. That is really the request. It is bill, but we cannot do an energy bill. be moving forward, but they are not not going to take long to do some of happening. We don’t get any assurance We have had 2 weeks where we have these things. We need commitments done nothing. We still have five appro- from the chairman of the committee and priorities and to be prepared to that he is going to do anything any dif- priations bills to handle, plus all the move forward. But as long as the issues conferences, and they are not letting ferently. All they do is talk about what that some of the Members are very us move to them. they did in the past. That is immate- anxious about are not dealt with, obvi- Sure, we can do two things on the rial. What we ought to talk about is ously there are going to be some efforts floor at once; we agree. But they are what we are faced with now and the to make sure they are. That is not a not letting us do one thing on the fact that we need to do something unique situation, by the way. That has floor. The leader has said that we will about that. happened throughout the years, and it get to energy as soon as we can, and Energy is something that is very im- is part of the process here, unfortu- that means we have to get rid of all portant, of course. We have asked for a nately. But it is part of the process. these other items first. commitment to do something on en- I mentioned yesterday the very proc- We are approaching Thanksgiving. ergy. We have been working at it. I am ess we are going through now was gone We have already had two continuing on the Energy Committee. We have through last year, and all the evidence resolutions. This is not the time to dil- worked at it for a couple of years, get- is in the CONGRESSIONAL RECORD. The lydally. We have very important things ting things together, trying to get very issues we objected to now were we need to do for this country, and we something on the floor. It is very im- done then. are in quicksand on judges. We are portant in terms of the United States So I think we can find a solution. I going to go forward the best we can and its economy. It has been very im- look forward to seeing that solution so and jump through all the procedural portant in terms of us getting an en- that we can commit ourselves to do the hoops they are making us jump ergy policy out there. I know the Sen- things that need to be done, to move through. I would think sometime in ator from Nevada agrees with that. forward with the other bills. We can do the near future the administration Now it is even more important when more than one thing at a time. might get involved. The administration we get to where we have nearly 60 per- I yield the floor and suggest the ab- has more to lose than anyone else. This cent of our oil imported, much of it sence of a quorum. is the minority’s side. from the Middle East. We find our- The PRESIDING OFFICER. The No one can criticize the Democratic selves with real difficulties in the Mid- clerk will call the roll. majority in working with the Presi- dle East, and it is even more important The senior assistant bill clerk pro- dent. We have worked hand in hand that we get it in there and have an en- ceeded to call the roll. with him. He and the majority leader ergy policy. All we have asked for is a Mr. REID. Madam President, I ask speak three times a day on issues relat- commitment to do that, to move for- unanimous consent that the order for ing to this country and the world. The ward. That is the reason things are not the quorum call be rescinded. minority is making a real mistake moving. We get no commitment as to The PRESIDING OFFICER. Without holding up this legislation. That is a changing the things that are not being objection, it is so ordered. decision they have made, and they are done. I think that is where we are. It is f going to have to live with it. We are too bad we are in a kind of controversy going to do the best we can, I repeat, about it. I think getting a commitment CONCLUSION OF MORNING jumping through all these hurdles. from the leadership that we are going BUSINESS In the process, we are going to use up to be able to accomplish some of these The PRESIDING OFFICER. Morning 3 or 4 weeks of time that we could be pending things is very important. business is closed. doing other bills. We have a bioter- Saying the priority is doing some- f rorism bill on which Senators KENNEDY thing for Pakistan instead of a judge, and FRIST have worked. I do not know that is really not a choice. We can do FOREIGN OPERATIONS, EXPORT if they will let us go to it when the both of those things. We can do both of FINANCING, AND RELATED PRO- committee reports it out. We hope the those things, and we can move forward. GRAMS APPROPRIATIONS ACT, committee can report it out as early as I wonder how many hearings there 2002—MOTION TO PROCEED Thursday. In the meantime, all the have been this week on judges. More The PRESIDING OFFICER. Under other legislation is being held up. important, what has been brought to the previous order, the Senate will now People think we can waltz through the floor? resume consideration of the motion to the rest of these appropriations bills in I believe we can find a remedy, and I proceed to H.R. 2506, which the clerk a matter of a day or two. It has never know there are meetings going on to will report. happened, and it never will happen. secure that remedy. I certainly hope The legislative clerk read as follows: These bills take a lot of time even we can continue to find that remedy A motion to proceed to the bill (H.R. 2506) though we agree on the numbers. and get ourselves into a position to making appropriations for foreign oper- We need to do a bioterrorism bill. We move forward not only with the pend- ations, export financing, and related pro- have a bipartisan bill we should bring

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10748 CONGRESSIONAL RECORD — SENATE October 16, 2001 up. We had airline safety. They would nearly $100 billion in addition to what chases rather than sales. Any payroll not let us bring that up. we spent, which is more than the Presi- tax deduction will provide an oppor- I repeat, when it comes down to the dent has suggested, I believe, which is tunity to put money into the hands of end of this year and people are saying $50 billion to $75 billion. We have that citizens, including those who are not where is the energy bill and other bills, decision to make and, of course, what paying income tax. remember last week and this week: We will most quickly and efficiently affect There are recommended vacation tax have done nothing. Most of it has been the economy. I believe we should have credits to get people on the move: To procedural in nature. some parameters to decide in general fly, to stay in hotels. The industry is We were fortunate last week to fi- what we want to do and then see how suffering a good deal. nally, getting through all the proce- these individual items fit into it. One There are lots of opportunities. I am dural hoops, get airline security ought to be those things that we know hopeful as we draw it up in the Finance passed, and with a lot of cooperation will have an impact on the economy Committee we have parameters to we were able to do the counterter- and do it in the short run. make sure they comply with our goals rorism legislation, but it has been a Another is, since we are talking and our purpose and our motives. I struggle. We should be further through about shortrun remedies, we ought to think we can do that. It ought to be the appropriations process more than be picking solutions that are not long confined to short-term activities so we we are. term so we will have another oppor- can review them again in the future. I suggest the absence of a quorum. tunity after this economy has gathered These are some of the things being dis- The PRESIDING OFFICER. The some strength to take a look at them cussed. They are very important. clerk will call the roll. and see if they should be in place long Now we find ourselves faced with The senior assistant bill clerk pro- term. three different challenges: One is the ceeded to call the roll. Obviously, when Members have tax war on terrorism; another is the econ- Mr. THOMAS. Madam President, I issues and have been looking for a vehi- omy, which has been impacted; and ask unanimous consent that the order cle to put them on, they will be inter- doing the things we do in everyday life for the quorum call be rescinded. ested in putting them on a stimulus and continue to deal with government The PRESIDING OFFICER. Without bill. We have to be careful this does not operations. These are the challenges. I objection, it is so ordered. become a Christmas tree. believe we will meet the challenges. We Mr. THOMAS. Madam President, I What do we do? There is the question need to move forward. ask unanimous consent that I be al- of how much of this stimulus ought to I yield the floor and suggest the ab- lowed to speak 10 minutes as in morn- be done in terms of the consumers’ sence of a quorum. ing business. ability to purchase. What can we do The PRESIDING OFFICER. The The PRESIDING OFFICER. Without about moving more money into the clerk will call the roll. objection, it is so ordered. hands of consumers so they can do a re- The assistant bill clerk proceeded to ECONOMIC STIMULUS distribution of income? call the roll. Mr. THOMAS. Madam President, one On the other hand, how much of this Mr. REID. Madam President, I ask of the items, of course, that is being package should be in the form of incen- unanimous consent the order for the considered and has, in fact, been con- tives for business, such as deferred quorum call be rescinded. sidered and passed in the House is the taxes, or reducing the time for appre- The PRESIDING OFFICER. Without economic stimulus—doing some things ciation? objection, it is so ordered. now that will encourage and get more These are the issues we will have to Mr. REID. Would the Chair explain activity in our economy. decide. Many are interested in doing the parliamentary matter now before We, of course, through the last cou- something with the corporate alter- the Senate? ple of years have seen some decline in native minimum tax put in about 1985 The PRESIDING OFFICER. The Sen- the economy, and now with the Sep- as a reaction to some of the tax reduc- ate is now considering the motion to tember 11 attacks, we have seen sub- tions that were made prior to that proceed to H.R. 2506. stantial change. We are faced with the time, which have the effect, of course, Mr. REID. Potentially, if I am not challenge to do that which will have an of causing certain levels of income tax mistaken, there is as much as 30 hours impact—hopefully an immediate im- to have to be paid, regardless of wheth- available under that motion to pro- pact—on the economy. er there are tax breaks that can be ceed; is that right, postcloture? It has been very difficult to define taken advantage of otherwise. The PRESIDING OFFICER. We are exactly what is best to do. We have So very many people in the business not on a postcloture situation. There is met several times with Chairman sector believe that could be changed. It no time limit. Greenspan and Bob Rubin, the former would encourage the purchase of new Mr. REID. I say to the Chair, cloture Secretary of the Treasury, to talk equipment. was not invoked yesterday, so we are about what would have the most im- Some suggest a 5-year carryback of not bound by the 30 hours; is that pact on the economy in the short term. net operating expenses as another way right? There are very many ideas out there. to put money in the hands of business The PRESIDING OFFICER. The Sen- Quite frankly, among professional to create jobs and move forward. Accel- ator is correct. economists there is not unanimity as erated appreciation is another area dis- Mr. REID. Unless something happens, to what would have the most impact. cussed. The House provision has a 30- we are on this bill forever; is that Certainly, most people agree that it percent reduction in the first year— right? There is no time limit. needs to be a large movement. Some again, to encourage businesses to in- The PRESIDING OFFICER. We are think it ought to be $100 billion, which vest in their equipment and in their in- on the motion to proceed. is a huge amount—however, a rel- ventory. Mr. REID. There is no time limit? atively small amount of the gross na- There are issues on foreign trade to The PRESIDING OFFICER. That is tional product. It is difficult to know. make it more competitive for busi- correct. This Congress has already passed $50 nesses. For individuals, there is talk Mr. REID. Is it possible to move to billion or more that has to do with de- about making tax reductions we put some other matter? fense and with repair in New York into place earlier this year more per- The PRESIDING OFFICER. Not City. I question, of course, whether manent, to not expire at a certain while the motion is pending. those expenditures will be made soon length of time. That has to be dis- Mr. REID. Only by unanimous con- enough to have an impact on the econ- cussed. Capital gains reductions are sent, is that right? omy and whether they, indeed, fit in as quite often talked about. Some wonder The PRESIDING OFFICER. The Sen- part of the economic package. I, frank- if capital gains reductions will, again, ator is right. ly, am inclined to think they do. have that short-term impact. Others Mr. REID. Unless the minority Then we are faced with what should have suggested the capital gains ought agrees to move to an appropriations be the additional effort. It is my under- to be limited only to those purchases bill or move to this appropriations bill standing the House-passed bill was after September 11 to encourage pur- or move to bioterrorism, it cannot be

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10749 done without their consent; is that one side. It was our side. Just our side. demand leadership, demand responsive- right? We were all in on the same side, deter- ness, demand that these bills get done. The PRESIDING OFFICER. The Sen- mined to try to deal with these cow- He said it so well. I hope our colleagues ator is correct. ardly acts of terrorism. have the opportunity to hear him as I The Senator from North Dakota. That, regrettably, has changed some. just did. Mr. DORGAN. Madam President, I There is now a different attitude in re- The PRESIDING OFFICER. The Sen- say to my colleague from Nevada, as he cent days. Folks decided we shouldn’t ator from Alabama. knows, we had a cloture vote on this work together, that we shouldn’t do JUDICIAL NOMINATIONS appropriations bill, and we did not in- the Senate’s business, that we Mr. SESSIONS. Madam President, I voke cloture. We have what is known shouldn’t pass appropriations bills, would like to share a few thoughts as a filibuster—not on an appropria- that we should essentially stall and with regard to the process of nomi- tions bill but even on the motion to stop. It doesn’t make any sense to me. nating and confirming Federal judges. proceed to the appropriations bill. It doesn’t serve anybody’s interests. It We have had a problem, as I have seen There is a time and a place for every- doesn’t serve the interests of the it, in recent months, leaving us with an thing. I certainly would never abridge United States, and it certainly doesn’t ever-growing backlog, one of the larg- the right of any Member of the Senate serve the interests of the American est backlogs of judicial vacancies we to use the rules in any manner they people. have ever had. I would like to share a prescribe for themselves or their con- I mentioned this appropriations bill few thoughts about that. stituents. It is in my judgment rather has money for the security of our em- One of the bases for rationalizing this unseemly at this moment, given what bassies all around the world. Is what apparent slowdown is the view that is happening in this country, for this we really want to do at this moment to President Clinton’s judges were not Senate effectively to be at parade slow down this process, to say embassy treated fairly. Many of you have heard rest—standing, sitting, waiting, doing security somehow is not very impor- that. I think we ought to talk about nothing. We have appropriations bills tant, that there is no urgency here? I that straight up. that need to come to the floor of the don’t think so. President Clinton nominated and got Senate. They have been through the I think our job ought to be to say confirmed 377 Federal judges, almost Appropriations Committee, but we can- these are important issues for the Sen- exactly the number President Reagan not get them to the floor of the Senate ate to address—not tomorrow, not next had in his 8 years in office. They both because we have people objecting. week, but now. It is not just this bill. had 8 years in office. He had one of his The other side says they don’t want It is especially this bill today because nominees, only one, who was voted the Senate to do its business at this that is what we are talking about, the down by this Senate. The rest we ei- point, so they object. This appropria- motion to proceed to this bill, but it is ther confirmed or were pending when tions bill is foreign operations. It is a so many other appropriations bills and he left office. critically important piece of legisla- so much additional work that we and When President Clinton left office, he tion dealing with issues such as the se- the House must do together. had 41 nominees pending before this Aviation security, we did that bill. curity of our Embassies. Does anyone Senate, nominees who had not been Antiterrorism, we did that bill. Neither wonder at this moment and at this acted upon. Historically, that is a low has been done in a satisfactory way by time, given the security threats we number. Under the leadership of Chair- the other body. So we need to resolve face at virtually every Embassy around man ORRIN HATCH, the Senator from those differences, and that is critically the world, staffed by American citi- Utah, the chairman of the Judiciary zens, whether we ought to wait to pass important. But most especially the business of Committee at that time, a Republican, legislation dealing with Embassy secu- the Senate is to take up important he moved President Clinton’s nominees rity? I don’t think there is not great issues, including this bill from the Ap- effectively and gave them fair hear- cause for me to wonder. Of course we propriations Subcommittee on Foreign ings, and for the most part they were should. We ought to move this appro- Operations, debate it, and pass it. If promptly confirmed if they were de- priations bill to the floor of the Senate, someone here has heartaches about serving. That 41 nominees were debate it, and pass it. what is in it, offer amendments and unconfirmed is a rather low number, in Let me go back for a moment to de- have votes. God bless you; you have my view. Really, 67 vacancies were in scribe why I believe this should not be every opportunity in the Senate to do existence at that time in the Federal business as usual and why I believe it that. The rules allow you to do that. judiciary. We have over 800 Federal is unseemly for some simply to plant But it is not appropriate, in my judg- judges, and 60-some judges has gen- themselves at this moment and say: We ment, to shut this place down because erally been considered a normal va- are not going to allow the Senate to do someone got cranky about something cancy rate. It just about takes that anything. September 11 changed a lot else. If you are in a bad mood, find an- much time for the names to go up to of things in our lives. The heinous act other room, but at least here on the the President, for him to consider of mass murder by perverted people floor of the Senate let’s try to do the them, an FBI background check to be changed a lot in the lives of all of us. Senate’s business. done, to submit the nominee’s name, This attack against our country, but If there was ever an opportunity and they answer all the questionnaires we basically an attack against freedom, requirement to demonstrate to the demand of them, ABA does a back- makes everyone feel less secure. We American people this is a new time and ground check—and it just takes some have resolved from that moment to do new day and we are facing threats in a time. So you seldom will be below 50 things differently. new way together, this is the time to vacancies in the Federal judiciary. One of the things that happened al- do it. Let’s adopt these motions to pro- However, we begin to see the num- most immediately following the Presi- ceed, pass these bills, and provide for bers increase dramatically. Just a few dent’s speech to a joint session of Con- the security of American embassies in- days ago we had 110 vacancies in the gress was a new attitude and a new cluded in this bill. Federal judiciary. Now I think it is 108 spirit in the Congress. All of a sudden, Madam President, Senator DASCHLE, after the confirmation of the 2. those who previously had been Demo- the majority leader, is present. I will To me, this is too large a vacancy. crats and Republicans, conservatives yield the floor and allow him to pro- Let me tell you why I am concerned and liberals, were standing during de- ceed. about it. I will be frank with you about bate, proclaiming themselves so de- Mr. DASCHLE. Madam President, I it. The reason I am concerned is that scribed, all of a sudden those labels compliment the Senator from North there is a sense in which this slowdown were gone. There did not seem to be Dakota for his excellent statement. I in confirmations is a part of a plan to any longer an ‘‘our’’ side and a ‘‘your’’ don’t think I could have said it as well. block President Bush’s nominees in an side or a ‘‘your’’ side and ‘‘my’’ side. But I really appreciate the passion unusual and special way. Unlike any- There was only in this Chamber, and with which he has expressed himself. thing we have seen before. only in the House of Representatives, These are important bills. We are There was a report in the New York and only between us and the President, going through international crises that Times on April 30 of this year reporting

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10750 CONGRESSIONAL RECORD — SENATE October 16, 2001 about the private retreat the Demo- The first hearing was suggesting that order to expand your business tomor- cratic Members of this body had. The we ought to have a higher role of poli- row if everything is unstable, and if Republicans have those retreats, too. tics in the judiciary. Lloyd Cutler, to you have to pay off politicians and At that retreat, Professor Laurence his credit, and other professors who never know what the law is going to Tribe, who is well known, Cass were members of that panel, also to be. Sunstein, and Marcia Greenberger dis- their credit, were firmly opposed to po- We are blessed with a rich heritage of cussed with the Democratic Senators liticizing the judiciary. It is a dan- law that is so valuable that we should their idea to develop a ‘‘unified party gerous thing. never see it undermined. We must pro- strategy to combat the White House on I was a U.S. attorney for 12 years and tect it. The last line of the great hymn judicial nominees.’’ That was the New assistant U.S. attorney for 2. Almost 15 is our liberty and respect of the law. York Times reporting on that con- years of my life was spent practicing The American people respect law. We ference. law and trying cases full time before must do that. We must further that, Professor Tribe and the others appar- Federal judges. I didn’t always agree and not create this image by a bunch of ently advocated scrutinizing nominees with them, but I will say with great politicians in a committee room sug- more closely than ever in order to slow conviction that they were wonderful gesting that what goes on in court- down the nomination process, stating judges—men and women of integrity rooms throughout America is political that it was: and ability who did things right. If you and not based on law and fact. That would undermine public respect for . . . important for the Senate to change had the law on your side, you could be the ground rules and there was no obligation expected to prevail. If you went to law. I believe that very deeply. to confirm someone just because they are court and said: I have cases that say I was sorry that we went off on that scholarly and erudite. this evidence is admissible, Your tack. It was a good hearing. The chair- This is the same Laurence Tribe who Honor; I have evidence that says their man was very fair and everybody got was very active in the Bork nomina- document is not required to be pro- their say. It was probably a good thing tion and Thomas nomination fight and duced in this hearing, Your Honor, and to talk about it and get it out in the actually wrote a book in 1985 titled if you could show the judge that, you open. I don’t dispute that. But I think ‘‘God Save This Honorable Court’’ in could almost always count on them to it is important that we in this body do which he talked about the strategy of rule correctly according to the law, not suggest to the American people that politics affects the law out in the blocking judicial nominations. whether they were Republicans or Before we had gotten started in this Democrats. field in the courtrooms all over Amer- process, those of us on this side had This idea that somehow, if you are a ica because it, in my view, does not. The second hearing we had was on cause for concern because there was a liberal or a conservative, you are the burden of proof. It was suggested in stated policy of changing the ground therefore going to allow that to affect these hearings that the burden of proof rules or to block President Bush’s con- your ability to control a courtroom is on the nominees to prove somehow stitutional ability to have his nomi- and do justice to people is wrong and that they ought to be confirmed. That dangerous. And I am nervous that we nees treated fairly and confirmed, if fit would be a big change in policy. I do would suggest to the American people and qualified. not know what you are supposed to do. Subsequent to that, we began to have that this is so. I do not believe it is. Are you supposed to come to a judici- a number of hearings in the courts sub- At one of our hearings recently, when ary hearing with 100 of your best committee, of which I am the ranking I asked Senator FRED THOMPSON from Tennessee, a skilled lawyer, if he be- friends? What are you supposed to do? Republican member. The first hearing What we do know is that the process lieved in his experience as a litigator dealt with a suggested change in how has served us pretty well over the that he could expect unfairness or a we ought to do nominations. The years. The President of the United difference of views on issues simply be- change and question was whether or States gets to nominate Federal judges not ideology should be considered in cause of who appointed the judge to the under the Constitution. He solicits in- the judicial process. That has been gen- bench, he said he did not. His experi- formation back from the district in- erally rejected consistently. ence as a judge was normally expected volved or the circuit that is involved. Invited to testify on that panel were to rule correctly on the law and the Names come up to the President. He Cass Sunstein, Laurence Tribe, and facts. Certainly that has been my expe- evaluates them and decides whom he is Marcia Greenberger—surprise, surprise. rience over the years. going to nominate. Also invited to testify was Lloyd Cut- Actually, I would add parenthetically They do a pretty good job, frankly, of ler, former White House counsel to a that is one of the great reasons for our asking around, finding out if there is Democratic President, and a man of strength and health and economic pros- any trouble in the person’s back- great respect in the community. perity as a nation. We have a rule of ground, would they make a good nomi- In his remarks, he differed with those law. Whether you are a British cor- nee. In my view, as the years have gone other professors, however, and made poration or a corporation from any na- by, the President has been even more clear that he opposed—and quoted a tion in the world or a domestic cor- intent on getting people who will be commission of which he was a mem- poration or an individual or a poor per- good judges than people who might be ber—making politics and ideology a son or a rich person, we believe in the political friends or things of that na- factor in the confirmation process. ideal and in the reality that person ture. So that goes up. If someone has an obsessive political would receive equal justice under law. The President tentatively selects a or personal or ideological view that Indeed, those are the words chiseled nominee. This is the person they would would keep them from being objective and engraved into the front of the Su- like to submit. They do their own in analyzing facts and law, they ought preme Court building across the checking around. Then they give it to not to be confirmed. But just to say street—‘‘Equal Justice Under Law.’’ the FBI, and they do an intensive, full that you are a liberal Democrat—as That is the American-British—Anglo- field investigation. The agents inter- overwhelmingly the 377 judges con- American—legal ideal that we have ad- view anybody with whom that person firmed by President Clinton were—that hered to effectively. Nations where has worked. They interview people who you are, therefore, not qualified, or if that rule of law has been commonplace have litigated against them. They you are a conservative Republican you and followed have prospered. I have interview judges before whom they are not qualified to serve on the bench come to believe in recent years as I have practiced. Then they come back would be a historic change in the have gotten older that if you examine with an FBI report. They find out ground rules all right—not a change nations that are not doing well eco- whether or not they have been ar- they suggested ought to be done before nomically, that do not have freedom rested, whether or not they have had President Bush took office but a and the things we have, it is fundamen- drug abuse problems, or any other change they suggest only after their tally because they lack a rule of law. problem they might have in their back- President left office. We have a new You can’t invest, you can’t plan, and ground. They will interview an ex-wife, President. So we are concerned about you can’t develop a long-term goal for people who may have a basis to com- this. the future and save money today in plain, and they put that in the report.

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10751 So the President has that report. There is a move, apparently, by end of this session; there are people Then he decides whether or not to sub- some, to change the ground rules of saying we ought to be out of here in a mit the name. And that report is avail- confirmation. It has, apparently, al- month or less—has only gotten 18 per- able to all of us in the Senate—only ready begun to infect our process. cent of those judges confirmed. the Senators—in confidential form. We I have some charts in the Chamber I I know there have been some things can go and examine that report. If we would like to show that depict where that have happened that make it a lit- see something we do not like, even we are in terms of vacancies in the tle difficult, but, frankly, I think we though the President has approved Federal courts today. ought to work a little harder. We have that person, we can oppose a nominee In the 103rd Congress, there were 63 had a change of party, and we have had on that basis. So that is the way the vacancies at this same time period. an attack on America that has dis- system works. This was during a time when Senator rupted us in many ways. But many of After the nominee hits the Senate, BIDEN, a Democrat, chaired the Judici- these nominees, you have to under- the Senate sends a big questionnaire to ary Committee. stand, are highly rated by the ABA. the nominee. First the President sub- In the 104th Congress, there were 65 They are highly respected by their mits a big questionnaire to the nomi- vacancies during this same time pe- local men and women in the bar asso- nee, and depending on the investments riod. Senator HATCH was chairman of ciation, and no one objects to them. and the career of the nominee, the the Judiciary Committee. There were They have no objections against them. questionnaire can have hundreds of 65 vacancies. This was during President Republicans and Democrats back home pages of responses to all these ques- Clinton’s administration. support them. tions. Then we have another one from Then, with a Republican chairman, a There is one from my district. She the Senate. That one is done. Then the Republican majority in the Senate, and worked for me. She was hired as an as- ABA, the American Bar Association, a Democratic President, Chairman sistant U.S. attorney under President goes out and does their background HATCH got the number down to 50 va- Carter. She worked 12 years for me. Ab- check. They talk to judges. They talk cancies. solutely wonderful. She recently re- to lawyers. They talk to the president Then in the 106th Congress, the last ceived a unanimous ‘‘well qualified’’ of the local bar association, the presi- year of President Clinton’s administra- rating. She has no political agenda. A dent of the ABA, the members of the tion, there were 67 vacancies—just lot of these nominees are like that, ABA from that community. They talk about the traditional average. In fact, just good lawyers, men and women of to people who have litigated in intense historically they tend to be a little integrity and ability. They need to be situations with the nominee. That is higher in the last year of an adminis- moved forward. We could be a lot fur- an important factor. In the pit, in the tration. ther along than we are today. depth, in the intensity of a big-time But now, just a few months later, the One of the reasons we are behind is lawsuit, if the person has character vacancy rate has surged from 67 to 110. that we are not bringing enough of flaws, they will usually show up. Most Perhaps it is 108 today after those con- these noncontroversial judges, or any lawyers are pretty objective. They will firmations, but that is an unhealthy of the judges, forward at hearings on fairly evaluate a person they have liti- trend. I believe President Bush and nominations. gated against, and they will tell the those who want to see him have a fair Under the heading ‘‘judicial nomi- ABA and the FBI what they think day for his judges have a right to be nees per hearing,’’ in 1998, they had 4.2 about them. concerned in light of particularly the judges as the average number per hear- So then the ABA makes their rec- statements that they want to change ing to be confirmed. ommendations as to whether or not our ground rules. We have a hearing in which the judge this nominee is ‘‘qualified’’ or ‘‘excep- One of the things we have found, as appears and answers any questions tionally well qualified.’’ we have looked at the process, is that Senators might have. Later there is a I think that is a pretty good process. the Senate, regardless of who is in the vote within the committee whether or So I suggest it is not wise at that point majority party, has done a good job of not to confirm. to say: Mr. Nominee, after you have confirming judges who were nominated You can’t have a vote in the com- done all these things, it is your burden, prior to August in that first year. In mittee until there has been a hearing as we sit up here as Senators, to con- other words, from January through to take information and question the vince us, after the tremendous career July, the President submits his nomi- nominee about anything anybody you may have had in the practice of nees, as he can. It is a little difficult would like to ask. So the hearing is a law—maybe you have a well-qualified for him at first because he has a lot of critical step in getting confirmations. rating—you have to convince us to people to appoint—he has a Cabinet to In 1999, it was 4.2. In 2000, it was 4.2. vote for you. I do not know how you do select, and new things are happening f that. for the President in those first I think the record speaks for itself. months—but, fundamentally, we have RECESS Historically we have not had that as a seen that the President has done very The PRESIDING OFFICER. Under standard. In fact, in the first 125 years well with the nominees he has sub- the previous order, the hour of 12:30 of this country’s existence we never mitted. having arrived, the Senate now stands even had hearings on the nominees. If President Reagan, in his first year in in recess until the hour of 2:15 p.m. something came up on a nominee that office, was able to get every judge he There being no objection, the Senate, the Senate did not like, they could ob- nominated, prior to August, confirmed at 12:30 p.m., recessed until 2:14 p.m. ject, but they did not even have hear- before the Senate recessed for the year and reassembled when called to order ings on the nominee. I do not mind an in November or December. He had 100 by the Presiding Officer (Mr. CLELAND). objection to hearings; it is probably a percent confirmed. f healthy thing. The Senate should not Former President Bush got 100 per- be a rubber stamp. But also we should cent of his nominees confirmed during FOREIGN OPERATIONS, EXPORT not put that burden on the nominee, that time. FINANCING, AND RELATED PRO- after they have done all that, before President Clinton got 93 percent con- GRAMS APPROPRIATIONS ACT, they are confirmed. firmed. I think there was one judge 2002—MOTION TO PROCEED—Con- So, Madam President, we will also who did not get confirmed who was tinued have another series of hearings that nominated before August. This was The PRESIDING OFFICER. The Sen- are designed to intensify a basis for op- under President Clinton and a Repub- ator from Nevada is recognized. position to President Bush’s nominees, lican Senate—well, maybe it was a Mr. REID. What is the matter now all of which I think is a dangerous di- Democrat Senate at that time. They before the Senate? rection. So I say all that as a matter of did not confirm one, but all the rest The PRESIDING OFFICER. A motion background. That is not myth. That is were confirmed. to proceed to H.R. 2506. not an unfair characterization of where But under this President, President The Senator from Alabama is recog- we are. Bush—and we are coming along to the nized.

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10752 CONGRESSIONAL RECORD — SENATE October 16, 2001 Mr. SESSIONS. Mr. President, I sug- worse. Just today, another judge, nizing resolution was passed, 9 dif- gest the absence of a quorum. Charles Wolle of the Southern District ferent Senate committees held 16 dif- The PRESIDING OFFICER. The of Iowa, announced he has taken an- ferent nomination hearings for 44 dif- clerk will call the roll. other status. ferent nominees before reorganization The legislative clerk proceeded to Another day has gone by, and we was completed, and one of those com- call the roll. have lost another judge. The vacancy mittees even held a markup during the Mr. MCCONNELL. Mr. President, I situation has now risen to 109, which is reorganization period. I am talking ask unanimous consent that the order almost 13 percent of the Federal bench. about the period during the discussion for the quorum call be rescinded. That means that more than 1 out of of reorganization. The PRESIDING OFFICER. Without every 10 seats is unfilled. Justice de- By contrast, during the same period, objection, it is so ordered. layed, as we all know, is justice denied. the Judiciary Committee did not hold a Mr. MCCONNELL. Mr. President, as And if there is not a judge on the single confirmation hearing for any of the ranking member of the Foreign Op- bench, obviously you cannot get jus- the 39 judicial and executive branch erations Appropriations Subcommittee tice. nominees who were pending before us. and coauthor of the bill with the Sen- The situation is much worse than it Let’s take a look at that one more ator from Vermont, obviously, I would was just a couple of years ago when our time. I am talking about the 3-week pe- like to see the bill pass, and pass some- colleagues on the other side of the aisle riod when we were discussing how to time soon. But the point this side of were urging action on judges. I want reorganize the Senate. The Senate had the aisle made yesterday afternoon is my colleagues on both sides of the aisle shifted hands to the Democrats, and we that we do need to have some coopera- to understand that I am not engaging had a 3-week period where we were dis- tion in moving forward on the Presi- in hyperbole. My conclusions are based cussing how to reorganize. During that dent’s nominees for the circuit district on the specific standards articulated by 3-week period, 9 different Senate com- courts across America. our Democratic colleagues. mittees held 16 different nomination An essential part of our job in the For example, just last year when hearings for 44 different nominees prior Senate is confirming these judges. The there were only 76 vacancies—at the to the reorganization discussion being President has nominated judges to fill moment we have 109 vacancies—just completed. One of those committees these vacancies at a record pace. last year when there were only 76 va- even held a markup during the reorga- In fact, his first 11 nominations were cancies, Senator DASCHLE stated: nization period. sent to the Senate on May 9 of this Looking at those figures, one might as- During that 3-week period we were year, more than 2 months earlier than sume we have no pressing need for Federal discussing reorganization, after the any of the previous 3 Presidents in judges. In fact, just the opposite is true. Senate shifted hands to the Democrats, their first years. Of these 11, all re- Today, there are 76 vacancies on the Federal what was happening at the Judiciary ceived either the highest or second bench. Of those 76 vacancies, 29 have been empty so long they are officially classified Committee? Absolutely nothing. It did highest rating available from the as ‘‘judicial emergencies.’’ The failure to fill not hold a single confirmation hearing American Bar Association, and all have these vacancies is straining our Federal for any of the 39 judicial and executive had their paperwork complete for court system and delaying justice for people branch nominees who were then pend- many months. In eight situations, all across this country. ing before us. there were formal judicial emergencies. That was March 8, 2000, at the time The notion that nothing could be Yet only three have received a hearing. there were 76 vacancies, just 18 months done during the period we were dis- This is the situation in which we find ago. Now there are 109 vacancies and cussing how to reorganize the Senate ourselves. Looking back at recent his- very little to no action has been taken. certainly did not affect these other tory, looking at the first year of each Some of our colleagues have tried to nine committees that were holding of the three previous administrations, shift the blame to the President for our hearings and in one case even held a with one exception, every judge nomi- lack of progress, but this is clearly not markup on nominees for jobs other nated before the August recess was the case. As I indicated at the begin- than the judicial jobs. confirmed before the end of the year. ning of my remarks, President Bush It seems to me the reason for our Let me repeat that. Looking back at has submitted more nominees to the slow progress has been a lack of effi- the last three administrations, in the Senate and at a faster pace than any ciency. While we have had some hear- first year of each of the last adminis- President in recent memory. ings, we have not come close to getting trations, every judge, with one excep- Specifically, he submitted his first the most out of the hearings. In fact, it tion, nominated prior to the August re- batch of nominees in May, a full 2 seems as if we have gotten the least cess was confirmed in the first year of months before President Clinton sub- out of the most. Specifically, during those administrations. mitted his first nominees. The adminis- the period from 1998 to 2000, the Judici- There is simply no good reason to tration has done an extraordinary job. ary Committee averaged 4.2 judicial move so slowly. It is easy to have hear- President George Bush has gotten his nominees per hearing. This year we ings, and when you have hearings, it is nominees up here 2 months before have averaged only 1.4 judicial nomi- easy to have a number of different President Clinton got his first nominee nees per hearing. That is a pace that is judges at that hearing. I am sure the up. By the August recess, President three times as slow. chairman has made the point that he Bush had submitted 44 judicial nomi- The issue of having hearings is not as has had a number of hearings. The nees, another record. So the President significant as the question of what did problem is we have not done any judges and his administration, on the issue of you do in the hearing. at the hearings. So we need to give getting nominees vetted and up to the As I indicated, if you average up the these outstanding nominees an oppor- Senate, has clearly surpassed recent number of judicial nominations dealt tunity to have their hearings, to have administrations. with per hearing, in 1998 it was 4.2 judi- their votes in the Judiciary Com- You cannot blame our lack of cial nominees per hearing in the Judi- mittee, and to have their votes on the progress on the change of control of ciary Committee; in 1999, 4.2 judicial floor of the Senate. the Senate and the time to get an orga- nominees per hearing; in the year 2000, Part of fighting the war on terrorism nizing resolution because after the 4.2 judicial nominees per hearing. is to have a judiciary that is ade- change in Senate control, 9 different This year, strangely, we have only quately staffed. There is a very signifi- Senate committees held 16 different dealt with 1.4 judicial nominees per cant, a very high vacancy rate cur- nomination hearings for 44 different hearing. The number of hearings is in- rently in the Federal judiciary across nominees before reorganization was teresting but not relevant to the sub- America. completed. ject of processing judges because we This pace we have been following is Let’s go over that again. It has been have had only 1.4 judges dealt with per just painstakingly slow and is really suggested that somehow the shift in hearing even though each of the last 3 not necessary at all. As time passes control of the Senate slowed down the years there were 4.2 judges per hearing. and we do not have serious action on consideration of judges. Yet since the Obviously, we can do a lot better than judicial nominees, the situation gets shift in the Senate, since the reorga- that. It is not too late. The session is

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10753 not over. It is not too late for the Sen- least a vote on them—Senators can the Justice Department reporting. You ate to act, at least on the remaining 38 certainly oppose them if they choose cannot do it unless all the paperwork, judicial nominees who were submitted but vote on the nominees who came up which is very traditional, is in. And it to the Senate before the August recess. before the August recess as we have is not in. The fact they have sent peo- In the last three administrations, of done in previous years for other Presi- ple down here doesn’t mean the paper- the 30 judges submitted before the Au- dents. work is done. This isn’t paperwork we gust recess, 23, or 77 percent, were con- I yield the floor. invented. It is paperwork that has been firmed in the fall after the August re- The PRESIDING OFFICER. The Sen- traditional in trying to find out if this cess. ator from Nevada. person should be a member of the Fed- I have to quote a colleague, the Mr. REID. Mr. President, I have eral judiciary. chairman of the Judiciary Committee, worked with Senator DASCHLE for 20 As my friend from Kentucky said, it on our ability, if we set our minds to years. I have served with him almost 20 is difficult to make progress. He also it, to do this. Last year, when there years, or very close to 20 years. When I said: You can do two things at once. were only 60 vacancies, Senator LEAHY came to Washington, he already was a That is what we have heard today. said: Having begun so slowly in the veteran legislator. Since the first time The Senator from Wyoming said we first half of the year, we have much I met him until just a few minutes ago can do two things at once. Of course, more to do before the Senate takes when I talked with him, he has been we can do two things at once. But we final action on judicial nominees this one of the nicest, fairest people I have are not even doing one thing. These ap- year. We misused all the time for ad- ever met. As a legislator, he qualifies propriations bills are extremely impor- journment to remedy the vacancies as being outstanding. As minority and tant. Mr. MCCONNELL. Will the Senator that have been perpetrated on the majority leader—and I have served yield? courts to the detriment of the Amer- under a significant number of them—he Mr. REID. I am happy to yield. ican people and the administration of is unparalleled. He has the ability to Mr. MCCONNELL. On the issue of pa- justice. That should be a top priority understand issues, to work with people perwork, according to my staff, 29 of for the Senate the rest of the year. of all different persuasions and never, the judges have all the paperwork—29. This was Chairman LEAHY, last year, ever lose his patience and always has Mr. REID. I say to my friend from dealing with the very same kind of sit- enough time to talk to someone. I am Kentucky, I don’t know where you are uation, which is to get our work done amazed at the ability he has, as har- getting this information. on judges, a year in which we were assed as he appears, to me, to be with Mr. MCCONNELL. As a member of doing way more judges than we have people wanting this and wanting that, the committee, it is not a secret. We done so far this year. to take time in a lengthy telephone are entitled to know that. I must correct my colleague from conversation with someone who has an I am saying to my friend I believe the North Dakota who earlier today said issue. paperwork is completed, entirely com- our failure to act on the foreign oper- The only reason I am saying this, the pleted, on 29 judges who are before the ations bill, which I care deeply about, minority doesn’t understand the prob- committee. A couple have had hear- is jeopardizing much needed funds for lem they have; that is, we have said we ings. embassy security. As the ranking are going to move judicial nominations Mr. REID. Senator LEAHY, to whom I member on this bill, I assure my col- as quickly as we can. And we are. And spoke several times today, has indi- leagues that is not the case. The we have. All of the cajoling and threat- cated to me that the paperwork on the money for embassy security is not in ening they do on the other side will not vast majority of the confirmations the the foreign operations bill, not in this get them any more judges. We are President is seeking has not been com- bill at all. It is in the Commerce-Jus- doing the very best we can. pleted. I also would say, in response to tice-State bill. So nothing is being For the whole time that Senator my friend from Kentucky, regarding jeopardized by the failure to pass the HATCH was chairman of the Judiciary the chart, ‘‘Judicial Nominations Per foreign operations bill on one day Committee—and Senator HATCH is Hearing,’’ the fact is, of course, the versus a few later, after we reach an someone about whom I care a great number of judges per hearing has some understanding on how to deal with the deal; he comes from the neighboring merit. But also it is acknowledged that President’s nominees sent up before State of Utah. I like him; I have no Senator LEAHY has held more hearings. So even though you do not do as many the August recess. criticism of Senator HATCH. He never, In sum, all we are asking for is a spe- during the time he was chairman of the judges per hearing, if you do more hearings, it all adds up to the same cific concrete commitment to have committee, to my knowledge, held con- President Bush’s nominees treated in thing anyway. firmation hearings 2 weeks in a row. As I have said here on several dif- the same manner as nominees of his We are going to do that. Maybe it will ferent occasions, you can prove any- predecessors. Until we get such a com- set some dangerous precedent where we thing with statistics or disprove any- mitment, I think it is clear from yes- will have judicial confirmation hear- thing with statistics. The fact is, we terday’s vote it will be difficult to ings 2 weeks in a row, but we are going are ready to move forward on appro- make progress on the appropriations do that because it is the right thing to priations bills—‘‘bills’’ in the plural. bills. Let me again say, as an appropri- do. Senator MURKOWSKI comes to the ator, as a former chairman of the for- My friend, about whom I care a great Chamber every day saying, let’s do eign operations subcommittee, and now deal, the Senator from Kentucky, and I something on an energy package. We ranking member, I certainly would not have worked together on a number of can’t. We can’t until we finish the busi- argue that the bill is unimportant. It is issues. As stated, it will be difficult to ness at hand. an important bill. A long time ago, we make progress unless something hap- The continuing resolution is going to learned how to walk and chew gum at pens on the judges. I don’t know what run out in a few days. Then we will the same time. We can do more than they want us to do to make progress on need a third continuing resolution. It one thing. We can have hearings before the judges. We cannot guarantee this is 3 weeks until Thanksgiving. I hope the Judiciary Committee. We can deal many or that many. the Senator from Alaska understands with more than 1.2 judges per hearing. I spoke to Senator LEAHY four times that there will be no energy bill, nor We can get our work done. We can get today on the judicial nominations. I can there be, until we finish the work judges out of committee. We can get have spoken to his staff. He is trying to that we have. And the work now before them voted on and pass appropriations come up with people for the hearing us is the Foreign Operations Export Fi- bills at the same time. next week, but the paperwork is not in nancing, and Related Programs Appro- I hope sometime in the next day or on the vast majority of the people. He priations Act for 2002. My friend from two we will be able to reach an under- cannot do the hearings unless the pa- Kentucky says it is a good bill and he standing as to how to go forward on perwork is completed. supports it. both of these important issues, the for- It is interesting, but you cannot do Some are saying this is not all about eign operations bill and the confirma- the hearings without the FBI report. judges; it is about having one big ap- tion of the President’s nominees, or at You cannot do the hearings without propriations bill. This is a way to stall

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10754 CONGRESSIONAL RECORD — SENATE October 16, 2001 our individual appropriations bills and Mr. REID. I didn’t bring up the num- of other things we can be doing to as- then we can have one big bill and go ber of U.S. marshals and U.S. Attor- sist Pakistan. home. I think that would be too bad. neys; various members of the minority In response to what has been said There are specific things this adminis- brought this up as a form of criticism. here with respect to the motion to pro- tration has requested in this bill that And I am glad that is not a criticism ceed on the Foreign Operations bill, will not happen unless it is done in this because on those there really is no dis- Senator MCCONNELL is absolutely right bill. It will not be done with a con- pute; we are doing the very best we about the delay that has been occur- tinuing resolution. can. ring in the consideration of judges. As We have people, especially from the Mr. MCCONNELL. Even on U.S. At- he has said, he is the ranking member heartland of this country, but there are torneys, there are a number before the of this appropriations subcommittee others, of course, who also care a great committee—I don’t have the number and has chaired the subcommittee for deal about a farm bill. We can’t take before me—that have not been acted the last several years. While it is im- up a farm bill until we finish these upon. portant to get the foreign ops appro- measures that are now before the Sen- The concern of the Republican con- priations bill before us, the fact is we ate, foreign operations and the other ference, I assure my friend from Ne- are going to have a foreign ops appro- appropriations bills. vada and Members of the Senate, is not priations bill. We have a supplemental I don’t know what magic is expected. about U.S. Attorneys and about U.S. that covers the situation until then, so Of course, it is difficult to make marshals. As we all know, those offices there is not a single day that goes by progress, as my friend from Kentucky have a number of professional civil that we are not providing the money has said, when we are not allowed to go servants. In the U.S. Marshal Service that is called for under this legislation. forward on any legislative matters. As and the Assistant U.S. Attorneys, typi- So this is not about holding up the I have said on a number of occasions, cally when there is a U.S. Attorney va- Senate’s business or holding up the we have not held up judges saying we cancy, there is an acting U.S. Attor- Foreign Operations Appropriations are going to hold these until we are ney. They are able to function. But a Bill. All of that is going to be done. able to move forward on appropriations judge who isn’t there can’t rule. When That is not the issue before us. bills. When there were judges last you have a judicial vacancy, you have The issue before us is occasioned by week, we reported them out. We have a vacancy. There isn’t such a thing as the fact that there were some who said done that on all nominations. We have an assistant judge, a civil servant who we are so busy we just can’t get to reported them out. can sit in cases and make rulings. The these nominations. My response is: There was talk this morning, why U.S. Attorneys offices are functioning. Fine, we will just call a time out until haven’t you done all the Federal mar- The U.S. Marshal Service is func- we can catch up with some of the nomi- shals? We haven’t gotten any. The Ju- tioning. Absent judicial seats do not nations. In each of the three preceding diciary Committee doesn’t have any function. administrations—the Reagan adminis- U.S. marshals. We can’t report them With regard to whether or not all the tration, 8 years’ worth; the Bush ad- out if we don’t have them. Why don’t paperwork is in, I say to my friend ministration, 4 years; and 8 years of we do U.S. Attorneys? There may be from Nevada, I do now recall that the President Clinton—in their first year some who know better than I, but we chairman has prepared a new question- every single one of the nominees that have never seen a slower process in naire that he has sent out, I am told, had been sent to the Senate by the Au- sending down U.S. Attorneys. Last over the last couple of weeks. Since gust recess were confirmed by the end week we reported 14 of those we have. there is a brandnew questionnaire that of the year with only one exception. We reported out 14 attorneys. I am sure just went out in the last couple of Yet it is going to be virtually impos- they have all taken their oaths of of- weeks, it could be some of those are sible for that to occur now. There were fice by now. not in. But until the last 2 weeks, the 44 nominees sent up by President Bush We are going to move forward as rap- understanding of the committee was before the August recess. We have con- idly as we can on judicial nominations. that the completion of the ABA report firmed eight. That leaves 36. At the If the minority doesn’t want us to do completed a file. That has happened pace the Judiciary Committee, of the appropriations bills, then that is with 29 of district and circuit judges which I am a member, is holding hear- something they can do procedurally. who are ready to be acted upon. It is ings, we are not going to be able to They can stop us. They can bar us from time to move. complete work on even half of those doing that. But in the process, the im- I see my friend and colleague from nominees. portant work of the Senate will not get Arizona is here. I am happy to yield Part of the reason we have tried to done. the floor. focus attention on this matter is to say No matter what happens with the mi- The PRESIDING OFFICER. The Sen- we have to get to work in the Judiciary nority, we are going to move forward ator from Arizona. Committee. We have to have the Judi- in good faith and get as many judges, Mr. KYL. Mr. President, I wanted to ciary Committee hold hearings, ap- U.S. Attorneys, and U.S. marshals as make a couple of comments and then I prove the nominees for consideration we can. Whatever they decide to do on know the Senator from Iowa wants to by the floor so all of us can then con- the other side is not going to change speak to a subject which is very, very sider the nominees. They are going to the number of judges we are going to important: U.S. relations with Paki- be approved on the floor. I doubt very do. We are going to do the very best we stan. I am anxious he have that oppor- many, if any, are going to be dis- can because we also believe it is impor- tunity so I will be very brief. approved. But certainly, in any event, tant to the country to have a full staff One of the things the Senator will whether you like the nominee or not, of U.S. marshals, full staff of U.S. At- say is that Pakistan has really stuck the argument has been made for years torneys, and a full Federal judiciary as its neck out in support of the United that they at least deserve a vote, and I quickly as we can. States position in this war against ter- think all of us would agree with that. The PRESIDING OFFICER. The Sen- rorism. Pakistan is in a very dangerous So we have to do something to take up ator from Kentucky is recognized. neighborhood, and the United States consideration on these nominees. Time Mr. MCCONNELL. I say to my friend has to do everything we can to support is short. We have only another 4 or 5 or from Nevada, the dispute is not about Pakistan in its time of need. 6 weeks to go in this session. U.S. Attorneys or U.S. marshals. That Almost all of us in this body, and cer- If we don’t get to work here pretty is not why all the Republicans voted tainly the administration, agree with soon, we are not going to be able to against cloture on the motion to pro- that proposition. So we are going to confirm the same percentage of judges ceed to the foreign operations bill yes- have to do everything we can to assist that have been confirmed in prior ad- terday. It is about the judicial nomina- them. By the way, there are some ministrations. tions. things in the appropriations bill that There have been two parliamentary Mr. REID. Let me ask one question. will be before us, hopefully relatively or rhetorical tacks taken by those on Mr. MCCONNELL. I yield for a ques- soon, that will assist in this regard as the other side of the aisle. One is the tion. well. In the meantime, there are a lot red herring, the President hasn’t sent

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10755 up very many nominees for U.S. mar- candidates voted on and get them to ought to be doing what is on the top of shals. That has nothing to do with the the Senate floor in order for us to be the national agenda. Meeting this ter- fact that a whole lot of nominees are able to confirm them before year’s end. rorist threat, providing the resources pending for judge. I daresay, as impor- While it is true that it is not too to our military, and providing the hu- tant as the marshals are, the judges late, it will be too late if we don’t get manitarian assistance in our efforts in are more important. We have got to get a commitment right away to have the Afghanistan clearly should be at the them confirmed. Judiciary Committee hold hearings for top of the agenda. Then there was the comment that the candidates and have business meet- In meeting the national economic the President could send up a lot more ings at which the committee can then condition we have seen as a result of U.S. attorney nominations than he has. vote on them, and then have the abil- the airlines having the difficulty of Again, it is a red herring. He could. We ity for the full Senate to take up the getting their passengers back, it took will confirm them, too. They are also nomination. us 31⁄2 weeks to get the aviation and important. To further validate what the Senator airline security bill passed in this But let’s get back to the judges. In from Kentucky just said, the fact is body. When it finally passed last other words, let’s stop trying to change that in almost every case in the past Thursday, it was on a unanimous vote. the subject. President Bush has nomi- several years the nominees are voted But it was filibustered. We had to go nated more candidates for judgeship at on as a bloc by voice at the end of the through all the motions of breaking this point in his Presidency than any day, or by a unanimous consent. In the filibuster to finally get it to where of the past three Presidents. other words, the majority leader will we would get a unanimous vote because With respect to nominees to the usually stand up and say: I ask unani- different people had different agendas. court, the President has done his job. mous consent that we now go to Execu- So, too, we find ourselves now with Granted, he got a bit of a late start be- tive Calendar number such-and-such the foreign operations appropriations cause his term as President got a bit of and consider the following 14 can- bill being held off and last night having a late start because of all of the busi- didates for judge. The clerk reads the the motion for cloture defeated. We ness following the election results. names. Is there any objection? Without couldn’t get 60 votes so that we could But, once he got started, he named objection, it is so ordered. It is done. proceed on this very important appro- nominees at a faster pace than his That is all the time it takes. priations bill that directly affects what three predecessors. It is true that the chairman of the we are doing on the other side of planet That is what is pending before us—60 Judiciary Committee since June has Earth at this moment. We simply must nominations with only 8 confirmed. We insisted on rollcall votes on the Senate move swiftly to conduct the business of are saying that all of those ought to be floor. That is fine, too. That takes 20 the American people. considered by the Senate and by the minutes per judge. We can do that. We There is no more urgent pending Judiciary Committee. But, at a min- can have debate before that. No prob- business than this foreign operations imum, those nominated prior to the lem. We are saying that we now have bill that we are simply trying to get to, August recess should be considered by an opportunity do to that; let’s do it. but we keep being held up in the Sen- I want to make the point that you the full Senate. ate. This foreign operations bill gives can try to change the subject if you Mr. MCCONNELL. Mr. President, if the administration and Secretary of want, but you can’t deny that we are the Senator will yield, the Senator is State Powell the resources and tools not moving as rapidly as possible. For right on the mark. It is not too late to needed to build the international coali- anybody to stand here and say we are do the right thing, which is one of the moving as rapidly as possible runs tions that are so necessary in fighting points we are trying to make to the counter to the facts. We could be hold- this war on terrorism. It is clearly nec- Senate and to the country. In those ing hearings. We are not. We could be essary for us to be able to successfully first years of those three administra- voting to approve those who have had conduct the operations of Enduring tions to which the Senator made ref- hearings. We are not. We could bring Freedom. erence—and I have talked about oth- Specifically, this bill provides fund- those people to the floor for a vote. We ers—77 percent of those confirmed were are not doing that. It is simply incor- ing for the important international ini- confirmed after the August recess, rect to say we are moving as fast as we tiatives vital to conduct U.S. foreign which means it is not too late. can or that we are doing as much as we policy. The idea some on the other side of If this foreign operations bill does all can. the aisle may be thinking—that we Unless somebody brings all of this to of that, why are we having the dif- can’t possibly replicate the standard the attention of the American people ficulty of getting to it? Why can’t we here—is not true. It can be done. We and also the other people in the body, have our debates where there might be simply need to have hearings and have this matter simply slides until it be- disagreement on something other than more than 1.4 judges heard per hearing. comes too late to consider those can- a bill that is so important to the na- Hearings don’t mean a whole lot if you didates. tional agenda and supporting our men are not having judges before the com- We should not be using the horrific and women in uniform over in the cen- mittee. events of September 11 and the busi- tral Asian region of the world? I commend the Senator and echo his ness we have had since as an excuse not Let me talk about something else thoughts. It is not too late to do the to take action on a matter. In fact, one that this bill does. It provides $5 mil- right thing. That is what we are say- can make the argument that it is more lion for Afghan refugees. ing. important than ever that we fill these Why is that important? It is impor- Mr. KYL. Exactly. At the rate of 1.4 important positions. That is simply the tant because we have a major two- judges per hearing, there is no way we point I wanted to make. pronged effort in Central Asia. We have will be able to have enough judge nomi- But I want to defer now to the Sen- the military effort, and we have the nations that can come to the Senate ator from Iowa who I know has an im- humanitarian effort. We are dropping floor for confirmation before we ad- portant point to make about this war food. We want to be able to win the journ for the year. That is why we have on terrorism and the position of the hearts and minds of those people. We to not only have more hearings but we United States in supporting one of our want to take the example of what has have to have more judges at each hear- allies, in particular the country of happened in North Korea, a communist ing. Pakistan, something that is very im- dictatorship, where we have sent bags Basically, there are a couple of portant for us to do. In advance, I ap- of food that the people of North Korea dozen, or more, of these pending 36 that plaud his remarks. know have come from the United haven’t had hearings. That means that I yield the floor. States because the bags say, in the na- even if you have one hearing per week The PRESIDING OFFICER. The Sen- tive language, ‘‘This is a gift from the rather than one per month, and you ator from Florida. people of the United States of Amer- have maybe five candidates per hear- THE NATIONAL AGENDA ica,’’ and those people know it. Because ing, you are just barely going to be Mr. NELSON of Florida. Mr. Presi- of their starvation, those North Kore- able to have enough hearings to get the dent, we are in times when it seems we ans are very appreciative.

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10756 CONGRESSIONAL RECORD — SENATE October 16, 2001 Do you know what they do with Let me suggest some other things PAKISTAN those bags, those sacks after, in fact, this legislation says. It provides assist- Mr. HARKIN. Madam President, I they have eaten the food? They use ance for the independent states of the take the floor to talk about our rela- that material from the sacks for former Soviet Union—now get this— tionship with one of the longest, clothes, for suitcases, for anything the Ukraine, Armenia, Georgia; former strongest allies we have ever had in that human ingenuity can think of to states of the former Soviet Union, now this world and why I think it is so im- use those sacks. They recognize that independent states that are absolutely portant for us at this point in time to the food has come from the United critical as we knit together the coali- recognize that and to move more ag- States because it says, in their lan- tion in this war against terrorism. U.S. gressively towards reestablishing the guage, ‘‘This is a gift from the United support and assistance in these nations kind of connections and ties and mu- States of America.’’ So we have been are needed now, and it is in our na- tual support we have had with the na- very successful in doing that. tional security interests. Yet the legis- tion of Pakistan in the past. So we ought to take the model of lation is being delayed. It is being fili- Following the attacks of September what we have done so successfully in bustered in this Chamber. 11, all eyes turned to South Asia and particularly to Afghanistan. Just as our humanitarian aid in North Korea There are also other items in this and apply it in Afghanistan. Secretary quickly, we began to look for allies in legislation. We must keep the focus on Powell came over to discuss a lot of that region of the world. As has always the Andean region. This bill provides these matters with the Foreign Rela- been the case, the United States found $718 million for the Andean regional tions Committee and this matter was a steadfast ally in Pakistan. Through initiative, which includes $147 million brought up to him. He thought that thick and thin, we have never had a for humanitarian and development pro- was an excellent idea. But part of it de- better ally in that region of the world grams. This Andean initiative is a part pends on us passing this bill, this ap- and, in fact, in almost the entire world, of a balanced effort aimed at eradi- propriations bill, which has $255 mil- but we have often failed to recognize cating coca crops, supporting interdic- lion for Afghan refugees. And we can- this fact. tion efforts, and strengthening the rule not even get this bill up because yes- Let’s look at the record. Our close re- terday we only got some 50 votes to of law in those conflict-plagued regions lationship with Pakistan began when break this filibuster so we could get of the world. This is critical to the U.S. that State was born in 1947 with the this bill to the floor. focus on Latin America where democ- partition from India. At that time, we So here we are, still debating the mo- racy itself is being threatened. That is watched as the world began to divide tion to proceed. It is inconceivable to a very high priority in the agenda of into two camps—one led by the United me, with what is at stake for this coun- protecting the interests of the United States and the free world and democ- try and the interests of this country States. But we have people filibus- racies, and the other by the Soviet over in that part of the world near Af- tering this bill, not allowing it to go Union and the Communists. The temp- ghanistan, that we have people who are forward. tation for the Pakistanis to stay neu- delaying this legislation coming to a I daresay when it passes, it will prob- tral at best or to be opportunistic and swift passage. ably pass almost unanimously, if we go with the Soviet Union, since it was Let me give you some additional can ever get it to a vote. Yet we have so close to the borders of the Soviet items in this bill. There is $326 million people dragging their feet for their own states at that time, was enormous. But in this appropriations bill for non- specific agenda purposes. when Pakistan’s first prime minister, proliferation, antiterrorism, demining, I will give you more examples. This Liaquat Ali Kahn, chose to undertake and related programs. One of the big legislation that is being held up right his first foreign travel out of Paki- problems is, even from the old days of now provides funding recommendations stan—this is the first prime minister of the Afghan war with the former Soviet for conflict resolution in the Middle a newly formed country, very close to Union, there are so many mines that East and the Balkans. It provides fund- the Soviet Union, right on the border for our troops, once they are in there, ing for conflict resolution in the War of Communist China—he took his first or for nongovernmental companies Crimes Tribunals in Yugoslavia, Rwan- trip to the United States. In a speech going in to distribute food, there is the da, and Sierra Leone, and it provides to Members of the U.S. Congress at risk of detonation. We need to be in funding for regional democracy pro- that time, Prime Minister Liaquat Ali there demining. grams in Asia. Yet the legislation is Kahn proclaimed: This foreign operations appropria- being held up. No threat or persuasion, no material peril tions bill provides money for that. Why So I urge our colleagues to put aside or ideological allurement could deflect Paki- can’t we get on with passing this legis- their differences and stand up for what stan from its chosen path of free democracy. lation instead of it being derailed by a is in the interests of the United States Imagine that. This was in 1947. Since filibuster? at this particularly critical time in our those days, Pakistan has stood with This bill also includes $4 million for a country. I ask all our colleagues to join the United States time and time again. terrorist interdiction program designed in the spirit of bipartisanship we have In 1950, Pakistan declared its unquali- to enhance border security overseas to had over the course of the last several fied support for our position in the Ko- reduce terrorism. It also includes $38 weeks in sending a strong statement to rean conflict. Keep in mind, Pakistan million for the antiterrorism assist- the American people and to those shares a border with Communist China. ance program to support training and around the world who would wish ill They sent troops to fight alongside us emergency and first responder train- upon the United States. Let’s send that in Korea, barely 3 years after Pakistan ing. strong message that we will move for- became a nation. Additionally, the bill provides impor- Soon after that, Pakistan joined ward with a policy that is important to tant bilateral assistance to nations CENTO and SEATO, the Southeast freedom, democracy, and American that are so important to both the Mid- Treaty Organization, supporting the values, despite the efforts of those in dle East peace process as well as fight- U.S. in the long struggle to contain ing terrorism. It provides foreign as- the world who would try to undercut communism. In 1959, the U.S. and Paki- sistance of $2.7 billion to Israel, almost all things we hold so dear in this coun- stan signed the mutual defense treaty, $2 billion to Egypt, and $228 million to try. which, by the way, is still in effect Jordan. Need I remind you how impor- I plead with our colleagues, it is not today. One year after that, Pakistan tant the King of Jordan and his govern- in their interest to delay and to obfus- allowed the United States to set up ment are to us as we knit together a cate, to use tactics of filibustering an bases in their country to conduct U–2 coalition of Arab and Muslim nations appropriations bill that is so important flights over the Soviet Union. to assist us in this war on terrorism. to the national security interests of As those who are at least my age Yet we have people who are delaying this country. may recall, the U–2 flight of Francis this legislation for their own agenda. I yield the floor. Gary Powers, which we remember was Their own agenda may be important to The PRESIDING OFFICER (Ms. STA- the U–2 shot down by a missile in the them, but is it as important to us in BENOW). The distinguished Senator Soviet Union, originated in the Paki- America as the war against terrorism? from Iowa. stani city of Peshawar, which we read

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10757 so much about today since it is right lieve that will come with continued, over the last 20-some years, if I am not on the border of Pakistan. After that positive engagement. It will come as mistaken—pretty darn close to 20 U–2 flight was downed in the Soviet Pakistanis see their role as a critical years—we have a whole new generation Union, Nikita Khruschev, in one of his U.S. ally in the region and as they are of young military officers who have more infamous, belligerent speeches, more fully recognized as a great leader, come in who have no connection with threatened to ‘‘wipe Peshawar off the especially among the Muslim nations the United States. face of the earth’’ because they had al- of the world. In many cases, they have come from lowed our U–2 flights to originate Madam President, Pakistan now areas of Pakistan where the forces there. faces its gravest crisis since the 1971 maybe are not too supportive of the Despite its relative proximity to the war with India, especially given its United States, and may be closer to the Soviet Union and the immediate threat ethnic and religious makeup. Neverthe- Taliban, have more sway. it posed, Pakistan continued to stand less, the Government of Pakistan has So I am hopeful that the President with America. The threat crept even been remarkably forthcoming in its and the Congress will give him what- closer as the Soviets invaded Afghani- willingness to help the U.S. prosecute ever authority he needs to allow our stan. From the onset of that invasion the war against the terrorists who per- military, once again, to engage in mili- in 1979 until the Soviet withdrawal in petrated the recent horrific attacks in tary-to-military cooperation with the 1989, Pakistan cooperated fully with our country and their sponsors. Pakistani military to make sure that the United States to roll back the So- President Musharraf has pledged to we can bring Pakistani military offi- viet threat. It became the staging area give the Americans just about every- cers over here for training and for the for our work with the rebel forces in thing they want. kind of intermilitary kind of coopera- Afghanistan to throw back the Soviets. Now, that is just about as strong as tion that I believe will help build a Probably a little known fact: In what we heard from Prime Minister more lasting and strong friendship be- every conflict the United States has Blair in England. Yet this is from the tween our two peoples. fought since Korea, Pakistan has sent President of a country in which there Mr. KYL. Will the Senator yield for a troops to fight alongside us every sin- are elements—large elements—who moment? gle time. They even sent troops to help support the Taliban and, quite frankly, Mr. HARKIN. Yes, I am happy to. us in Haiti, of all places. They sent do not support what the United States Mr. KYL. I commend the Senator for troops to fight alongside us in the Gulf is doing. So President Musharraf has the points he is making. I will add one War. courageously stepped forward to help other point, which he hasn’t mentioned In the United Nations—check the our country once again. We asked for yet, but I am sure he was probably get- record on this—Pakistan was one of an expanded information exchange be- ting ready. Pakistan has not been the our strongest allies in voting with us. tween the United States and Pakistani same kind of democracy as the United Their neighbor to the east was voting intelligence services. They have given States. The military of that country more often with the Soviet Union, but that to us. We asked for permission to has pretty well controlled its nuclear Pakistan was one of the best votes we use their air space for military pur- armaments and forces, rather than had to support the United States in all poses. They have given it to us. We being under civilian control. That is these years in the United Nations. asked for logistical support for any the way it is in Pakistan, and I know it Pakistan has also repeatedly taken U.S. military operations to be launched to be important for the United States courageous actions against terrorism from Pakistani territory. They have to know where the Pakistani military in recent years. We may remember given us that commitment also. is coming from. when the two CIA employees were shot In short, in standing up to terrorism, As long as they have great relations and killed right in our own backyard. no government—no government—has with the United States, which the Sen- Pakistani authorities arrested and been more responsive to U.S. requests ator from Iowa was referring to, I don’t turned over several suspected terror- since September 11, and no government think we have too much concern that ists, including Mr. Mir Aimal Kasi who is assuming greater risk to itself than Pakistan’s nuclear weaponry would fall was convicted of killing the two CIA the Government of Pakistan. into the wrong hands. If this younger employees. Pakistan picked him up, The Bush administration is already officer corps, which is not as closely gave him over to our authorities so we moving on several fronts to solidify our aligned with the West and the United could bring him here, try him, and con- short-term and long-term cooperation States, were to become dominant in vict him of those killings. with the Government of Pakistan and their military, and if the influence of They turned over Ramzi Ahmed to show our deep appreciation for the the Taliban should continue to in- Yousef, convicted for his role in the Pakistanis’ strong support for the U.S.- crease in Pakistan, I would think the 1993 World Trade Center bombing. led coalition that is now embarked on United States would have great con- Pakistan turned him over to us. ridding the world of the scourge of ter- cern about who is controlling the nu- In 1998, they detained Mohammed rorism. The remaining sanctions on clear weapons in Pakistan. That is an- Sadiq Howaida, involved with the Pakistan are in the process of being other very important reason to support bombing of the U.S. Embassy in Kenya. lifted. I compliment President Bush what the Senator is talking about Time and time and time again, when and his administration for beginning right now. we wanted the terrorists turned over, that process. Debt relief is being ham- Mr. HARKIN. I thank my friend and Pakistan not only helped us hunt them mered out. U.S.-Pakistani military co- colleague from Arizona for elaborating. down, but arrested them and then operation is quickly being restored—at That is a concern, and should be a con- turned them over to us. least I hope so. cern, to all of us. Pakistan is a nuclear Since the dark day of September 11, The Senator from Arizona and I were power. We want to make sure the con- when we turned to Pakistan once again just discussing this issue on the floor. trol of those nuclear arms is in respon- in our time of great need, most Paki- The Senator from Arizona, Mr. KYL, sible hands and in the hands of a mili- stanis and their government are brave- was recently in Pakistan, I believe, to- tary that is closer to us. ly standing with us at substantial risk ward the end of August and had several Again, we have tried over the years to themselves. I believe history will meetings with the military and with to reestablish our military training record this as one of Pakistan’s finest the President. We were discussing this programs with Pakistan. I hope we can hours. I hope the courageous support in issue. get that back on course. I remember the war against terrorism will now My friend, the Senator from Arizona, when Pakistan, in good faith, pur- open a new era of unparalleled bilat- heard there are a lot of people in the chased a number of F–16s from the eral collaborations between our two Pakistani military—many of whom are United States. They paid for them, and great nations. retiring or getting ready to retire—who then the United States reneged. I am Yes, we must continue to encourage trained with or worked with our mili- not going to get into all those issues. Pakistan, as well as India, to pursue tary who feel a close kinship with our Let me put it this way. There was a sound nuclear policies and to sign the military. Yet because we have cut off contractual relationship and the comprehensive test ban treaty. I be- this military-to-military engagement United States reneged on it. The F–16s

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10758 CONGRESSIONAL RECORD — SENATE October 16, 2001 never went. We kept their money and First, the United States must com- For too long, Pakistan has seen us as their planes for several years. mit to supporting a stable democratic an ally who was there when it was in Finally, the Clinton administration Pakistan with a growing economy and our interest and, when it was not in made good on the money in a sort of at peace. With our support, Pakistan our immediate interest, we were gone. roundabout way. I often think today, could serve as a model to many of the It was sort of, the United States uses with what we are doing in going after newly independent, mostly Muslim, us, they abuse us, and then they lose the terrorists and their sponsors in Af- countries of west and central Asia. us. It is time to change that, and we ghanistan, would it not be nice to Muslims could begin to see the United must change that. know that the Pakistani Air Force had States as a willing economic partner in It is true that Pakistan over its life- those F–16s—the kind of planes that we the Islamic world. That has not been time has had about half democratic fly—and maybe they would have had the case for far too long. governments and half military govern- that close relationship to us. Yet after I am encouraged by the recent visit ments. In large part, that is because we they purchased and paid for them, we of Secretary Powell. As I read in the have not paid attention, that we have would not let them have them and we newspaper this morning, Secretary not been as involved in helping estab- kept their money for several years. It Powell and President Musharraf had lish and maintain the democratic was one of the darkest times in our re- discussed several items, one of which I structures in Pakistan that are truly lationship with Pakistan. I remember noted with interest was educational as- responsive to the wishes of the people it well. sistance to Pakistan. of Pakistan. Now is the time to rees- Several of us here, including myself, During a visit to Pakistan, the then- tablish that. Senator BROWNBACK from Kansas, and President and Prime Minister and the I said there are three principal others, had worked long and hard to head of education in Pakistan all met shared interests: First, supporting a get that straightened out. Anyway, all with me to tell me how bad the edu- stable democratic Pakistan with a of these steps—the debt relief, the cational system was in Pakistan. They growing economy and at peace. Second, sanctions being lifted, the restoration had all these phantom schools where we share an interest in containing and of the military cooperation, all of people were being paid but no one was reversing the nuclear arms race and which I support—we need to do sooner teaching anything. The structure of missile technology proliferation in rather than later. But still more needs education had totally broken down in South Asia. An arms race may be good to be done. We should use our voice and Pakistan. business for the arms dealers, but it is They knew I was on the Education our vote in the IMF, the World Bank, bad for the economic and social devel- Committee and the appropriations sub- and other international financial insti- opment of that entire region. committee for education, that it is a tutions, to help Pakistan secure new Unless and until the issue of Kashmir big interest of mine. They quite forth- loans on more favorable terms for its is settled, or at least until we have rightly asked if we could help them such time that Kashmir becomes a ne- beleaguered economy. We should also with educational assistance in Paki- gotiating issue between Pakistan and provide much more than the $100 mil- stan. So I came back and had a per- India, we are going to have trouble in lion in assistance that President Bush sonal conversation with President Clin- South Asia. It is time for our ally India has recently pledged to assist Pakistan ton, sort of debriefed him on my trip to to recognize that it can no longer ig- with the rising flood of Afghan refu- Pakistan. I talked to him about this nore this, it can no longer take the gees. very point. That is another thing I found when I I then called up my good friend Sec- posture that there is nothing to nego- visited Pakistan. There were over 1.5 retary of Education Dick Riley, and I tiate, and it is time for the United million Afghan refugees in Pakistan. talked to him about this. I said: The States, I believe, to be involved as an They are left over from the Afghan war President is getting ready to take a honest broker, as a third party broker against the Soviets. These Afghans, for trip to Pakistan and India in a couple in bringing India and Pakistan to- the most part, are living in refugee of months. I would like to arrange for gether to begin the diplomatic resolu- camps, poorly educated, poorly fed, and you, Mr. Secretary, to go with him to tion of the conflict in Kashmir. I be- poorly housed. Pakistan did everything meet with people in Pakistan to begin lieve now is the time to start that also, we asked them to do in prosecuting to set up a structure whereby the and I believe it is in all of our best in- this proxy war against the Soviet United States could be involved with terests to do so. Union in Afghanistan. Yet they have Pakistan in helping rearrange, restruc- I call upon Pakistan in that vein to all these Afghan refugees there. Now ture, and help build up their edu- use its powers to control any and all more are coming across the border. cational system in Pakistan. terrorist type activities that may be Madam President, it was said to me a Everything was a green light. Sec- happening in Kashmir, to use its armed long time ago, before anybody ever retary Riley was going to go with the forces and its police power to keep and heard of Osama bin Laden that these President. The meetings were going to prevent any altercations that may Afghan refugee camps are a breeding be set up in Pakistan. I thought this then provoke India to fire back, as we ground for the terrorists, a breeding was going to signal a whole new era in saw happen just the other day. I call ground now I know for Osama bin our relationship with Pakistan. Then upon India to refrain from any military Laden and others. Pakistan needs help we know what happened. India, I actions in Kashmir. There needs to be with these Afghan refugees. It is some- thought in a very unwise and provoca- a hiatus, but there can only be that hi- thing we should have done a long time tive maneuver, started exploding un- atus if the United States is willing to ago. derground nuclear weapons again. In use its good offices as an honest third Most important, now is the time for response to that, Pakistan exploded party broker to step in and help ar- the United States to forge a new stra- underground nuclear weapons. The range the negotiations between India tegic partnership with Pakistan, while President’s trip was called off. A few and Pakistan. at the same time not giving up our ties months later, there was a military Third, we must work together more with India. I do not believe it is one or coup in Pakistan, a military govern- closely and for as long as it takes to re- the other. I am not saying we have to ment took over. That trip occurred duce the threat of not only the inter- become friendly just with Pakistan and later, but only in its barest form. national terrorism of Pakistan but of cut off India. I am not saying that at That was a missed opportunity to es- international narcotics trafficking, the all. I know India and Pakistan have tablish, again, a new relationship with trafficking in women, and the use and fought several wars in the past. I un- Pakistan. I am very encouraged that abuse of child labor. derstand that. I believe we can main- the present Government of Pakistan Pakistan has been one of the more tain our ties with India and, at the under President Musharraf has at least forthright of the nations in all of same time, build a new strategic part- spoken with Secretary Powell about South Asia in cutting down on the use nership with Pakistan. educational assistance. I will do what- of child labor. At least the Pakistan This new United States-Pakistani ever I can to help the Secretary of Government in the past admitted there strategic partnership should be built State and President Bush in whatever was child labor and that they were upon three principal shared interests. way to help provide that assistance. willing to do something about it. We

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10759 engaged with them in efforts to cut of the world’s population and that we the House on both sides of the aisle to back on child labor. must do it in a way that embraces establish a congressional caucus on Pakistan has been forthright in help- their hopes and desires, their need to Pakistan and United States-Pakistani ing to cut down on narcotics traf- have a better share of the world’s pros- relations. After the terrible attacks of ficking. perity, their need for economic devel- September 11, we must think anew and Pakistan has also been very helpful opment, their need to have some hope act anew toward the Islamic world. in trying to cut down on the traf- for their kids and their grandkids for a Let’s start now by more fully embrac- ficking in women all over South Asia. better life. ing our long-time friends and partners These are three things about which One image will always stick in my in Pakistan. Together, we can build a Pakistan and the United States share mind. I was in a small town in Paki- foundation of a just and lasting peace, mutual concerns, and we need to work stan, right on the border with India. It as well as prosecute the war against more closely with them on these was a very poor community. I remem- the misguided fanatical terrorists who threats. ber I met with one of the individuals, a are our common enemy. Madam President, the multifaceted man in charge of some of the city plan- I hope Senators and House Members war against terrorism and its sponsors ning, who went to Harvard. He was will join together in establishing this is not a war against Islam. We know there with almost an unimaginable congressional caucus on Pakistan and that. Pakistan was among the very task. We were driving down the street, United States-Pakistani relations. first nations of the world to recognize a little dirt street, with sewage on both I yield the floor. this critical distinction and to act sides of the street. On the side of the The PRESIDING OFFICER. The Sen- upon it. This is all the more coura- sidewalks, up on the walk, was some- ator from California. geous and noteworthy because obvi- thing that looked to me like maybe a Mrs. BOXER. Madam President, I en- ously the vast majority of Pakistanis barber shop. I am not certain what it joyed listening to my friend from Iowa. are Muslims. was. Inside, while sitting in the car, I wish him every good wish for this It is not enough to simply embrace literally 20 feet away, we saw a bunch caucus he will be starting. I hope to our Muslim friends in Pakistan and of men sitting watching a color tele- help him with that. elsewhere in times of armed conflict, vision. Obviously, it was the only tele- Mrs. BOXER. Madam President, as I uncertainty, and threats to the United vision for quite a way around. They stand here, I have no office in this com- States. We owe it to them, to our- were watching the television, and on plex. As we probably all know, about 30 selves, to a more peaceful world, to the screen was a soccer match being offices had to be cleared out to do some commit now to building a much closer, broadcast from England. precautionary air quality testing in lasting relationship with an ever-ex- I marveled at this. I saw these people the offices that were connected to the panding circle of Islamic nations based in a poor community, with sewage in ventilation system in Leader upon mutual understanding, democra- the streets, with not much in the way DASCHLE’s office. We know Leader tization, more broad-based economic of clean water, a terrible educational DASCHLE’s office received a letter that development, and shared prosperity. system, bad housing, and they were contained anthrax. They are taking As I have often said since September watching a color television of this soc- every precaution. 11, yes, we have to get these terrorists. cer match in England, with all these I want my colleagues to know we are We have to rip the wires out of their people who were dressed up and they all still working, even those who may network. We have to bring Osama bin were looking at all of the finery com- not have an office at the moment. I Laden and al-Qaida and the other net- ing through that television. I thought, thank the Senate staff and my col- works to justice. We need to break what are they thinking? They live like leagues in the Senate for being so won- down the states that sponsor these ter- this, but they know there is another derful and offering us their offices to rorists. But if we do all of that and we world that lives a lot differently. use, their phones to use, their faxes, walk away, our children and my grand- The world has shrunk in my lifetime, their computers, and the rest. We are children, 30, 40 years from now, will be and, Madam President, in yours. We fully functional. facing the same thing. live in a world where we have instant We have recorded a message for peo- From Indonesia in the South Pacific, communications and CNN. People ple calling this office. They are given to Morocco, in the east Atlantic, know what is going on—not like it was the number of my Los Angeles office, stretching across a broad belt of South when I was a kid. People know, those so we will not leave people out there Asia, southeast Asia, southwest Asia, 1.5 billion Muslims in that part of the without a voice on the other end of our and northern Africa, lies the Islamic world, that, for whatever reason, they telephone. world—1.5 billion-plus people. It has be- are not sharing in the world’s pros- I thank my colleagues for their gen- come clear to me that the United perity. They know their kids don’t erosity of spirit and for being so kind States is not fully engaged with the have as much hope and they don’t have to my staff. I also thank the Capitol people of the Islamic world. We have as much hope for a better life. Police, the Sergeant at Arms, and the only dealt with the thin veneer of So maybe out of this dark cloud will Capitol physician for acting so swiftly whatever dictator might be in charge, come some silver lining that we will to protect my staff. I am very certain whatever prince or king, whatever shah engage with this world in a sense of that their steps will prove to be the at that point in time, and only if it shared prosperity for the future of our right steps and that in fact we will serves some short-term best interests entire globe. I believe much of this will have a high level of confidence that we of the United States. hinge on our relationship with Paki- are all OK. We have failed to recognize the vast stan. If we are now willing to reengage, One of the reasons I think we will be amount of poverty and illiteracy, the to support a moderate Islamic state OK is because, as Senator DASCHLE ex- lack of decent things that make up the that does not shield and harbor terror- plained, the particular employee in his basics of life such as clean water and ists but has arrested them and turned office handled this letter in such a decent housing, a decent diet. So many them over to us time after time, that fashion that it was quickly dropped to of these people who live in the Islamic has courageously stood up against the floor, and we think, because of world from Indonesia to Morocco, so those terrorists, that is supporting us that, the effect will be minimal. Of many live without education, without in every way we could hope right now, course, we pray that is the case. I am decent nutrition, without decent hous- that by establishing that relationship confident and hopeful that will be the ing, with no hope. with Pakistan and not abandoning case. Perhaps out of this dark cloud that Pakistan once we put an end to the ter- The reason I came down to the floor has now covered us will come a silver rorists, I believe we will go a long way is not only to thank my colleagues for lining, that we will rid the world of or- toward bringing that silver lining out all their help, but also to plead with ganized terrorists, but that we will also of this dark cloud, for the entire Is- my Republican friends to let us move recognize we must engage and embrace lamic world and for all of us. on with the business of the day. We are and be involved with that part of the In this spirit, I plan to work with in- working out of makeshift offices, Re- world that encompasses over 20 percent terested colleagues in the Senate and publican and Democrat Senators alike

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10760 CONGRESSIONAL RECORD — SENATE October 16, 2001 who were caught in this situation. But states are Uzbekistan, Turkmenistan, working to do that, and we are bring- we could do a lot more if we were work- and Tadzhikistan. These are the coun- ing those judges to the floor of this ing on the Senate floor with the impor- tries that are being so cooperative with Senate. tant foreign operations bill that is us. They were formerly in the Soviet To come here and say we are going to pending before us. Union. They are helping us. They are waste another day on an issue where I have listened to colleagues who say, helping our troops. Why would our Re- we are doing better on our side than you are holding up judges. I have publican friends hold up this money? It the Republicans did when the shoe was looked at the record. The fact is, we does not make any sense. on the other foot seems to me to be bi- are moving forward with judges. The Then we hear our President, rightly zarre. It is bizarre. We are in a crisis, fact is, when Republicans were in so, beg the children of this country— an international crisis, and we are not charge, I waited once 4 years—4 years— and I want to support him 100 percent— doing our work. to get a vote on one wonderful judge to put $1 in an envelope and send it to Look at this floor. There is no one who eventually passed through the the White House. I hope everyone will here but my good friend from Virginia. Senate. do it who is now listening. Send it to I love to see him. We work together on We are not doing that. Senator the children of Afghanistan. As he has so many things. We are working to- LEAHY is working to get the paperwork stated eloquently, we are not in a war gether on a bill that I think will pass done. He is holding hearings. We have against the Afghan people. We are in a which deals with travel and tourism, to definitely moved much quicker than war against terrorism. In this bill we set up a promotion agency within the the Republicans did when Bill Clinton have funds, $255 million, for refugee as- Department of Commerce so we can go was President, if you compare the time sistance to shelter Afghani refugees. on the air and tell people to rediscover periods. That is $55 million more than the America. If they do not feel com- I am perplexed as to why we are hav- President requested. fortable traveling to far away places, ing this slowdown. After all, our Presi- In this bill it says: travel in America. dent says we are in a war. Certainly, it The situation in Afghanistan is perhaps We have work to do. My colleague in is a campaign against terrorism. This the most urgent, the most massive humani- the chair has an incredible program she bill is essential. tarian crisis anywhere. is working on to honor the victims of I will spend the next few minutes Let me repeat that, the bill—and it is 9–11. What are we doing today? Noth- spelling out what is in this bill and bipartisan, I must say—says: ing. People are sitting around here why it is so important to move it for- The situation in Afghanistan is perhaps doing nothing but making speeches. ward. the most urgent, the most massive humani- The point of this speech is to get us off First of all, the bill invests $42 mil- tarian crisis anywhere. the dime, to get working. lion to help countries strengthen their I don’t understand. My colleagues on I want to work on this bill. I want to borders and secure their weapons facili- the other side of the aisle are holding protect the people I represent and all ties. This is very important. What we up this bill which will help the children Americans from ever having to face an- are talking about is a sum of money and the women and the families, the other crisis such as we did on 9–11 and that will be given to our coalition part- innocents in Afghanistan, get on their another crisis such as what we are fac- ners to make sure that if they have feet again. ing almost on a daily basis now from weapons, particularly weapons of mass Then in this bill we look ahead—and the anthrax situation. destruction or weapons we do not want this is again a program where I so In closing, I want to tell people to to have in the hands of the terrorists, agree with the Bush administration put this in perspective. We have ways they have the ability to secure these and with Colin Powell: $337 million for to treat this. If you are exposed to it weapons and secure their borders. I U.N. voluntary programs, the programs and you go on antibiotics, you are would say it is elementary that we our President envisions will play an es- going to be fine. We are going to deal must take this step. They are helping sential role in reconstructing Afghani- with this. We are going to wrap our us. We should help them make sure stan after this campaign ends. arms around it. But for goodness sake, that these weapons cannot be stolen by That is just a part of what is in this let’s work on the foreign operations terrorists. bill: Tracking terrorists; warning bill. I say to my Republican friends, you against infectious diseases; strength- You wouldn’t think we even had a are holding us up. Why in God’s name ening our coalition against terrorism; problem, the way my Republican would you hold us up at a time such as feeding and sheltering the Afghan refu- friends are acting—as if we can dilly- this? We should be moving quickly to gees, helping to make Afghanistan dally around until tomorrow and the secure those weapons. whole. That is just a part of the good day after to get money to fight ter- We have in this bill $175 million in in- things in this bill. rorism. I am very upset about it. I fectious disease surveillance programs Let me conclude. We have work to do don’t mean to sound frightened. If I that can provide an early warning sys- and we are not doing it. We have done have, I apologize. But I believe it is tem against some of the world’s dead- a lot on this floor in a bipartisan way. very important that we do our work. liest and most contagious diseases. We I thought the airline safety bill was After all, that is why our people sent are making speeches on the floor about stupendous, where we provided a mar- us here. the whole issue of bioterrorism, and shal on every flight, where we said Thank you, very much. I yield the here we have a bill that provides $175 strengthen those cockpit doors, where floor. million in infectious disease surveil- we said make those screeners Federal The PRESIDING OFFICER. The Sen- lance so we can stop these diseases employees working under law enforce- ator from Virginia is recognized. from coming into this country which ment. We did that in a bipartisan way Mr. ALLEN. Madam President, I will my Republican friends are holding up. right here on this floor. I am proud speak briefly because we have a meet- Then in this bill we strengthen the that we did that. ing shortly. Our time on the Repub- coalition against terrorism by pro- Why are we stopping now? I could lican side is to be protected between 4 viding $5 billion in military and eco- show you the charts that depict that and 5 for a meeting on the economic nomic assistance to Egypt, Israel, and Senator LEAHY, since he took over the stimulus package. Jordan, countries that are critical to Judiciary Committee just this summer, I listened to my friend from Cali- long-term peace and stability in the has done far more than the Repub- fornia, Senator BOXER, speak on the Middle East. Why would our Repub- licans did in that same timeframe foreign operations bill. That bill will lican friends hold up this money? Why? when Bill Clinton was President. be passed. I think it is an important It doesn’t make any sense. I am all for getting judges. I am bill. I have enjoyed working with Sen- It also provides $3.9 billion in mili- working hard with the administration, ator BOXER on her tourism promotion, tary assistance to key NATO allies in my State, to get good, moderate which I think is very important for our that are putting it on the line for our judges. I will fight against anyone, economy. I have enjoyed working with country right now, and to front-line right or left, who is a radical. But I the Presiding Officer in allowing people states in the area of the conflict. These will support mainstream judges. We are all across this country to show their

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10761 care in their communities for the 6,000- breath of life to get people out, to save ported Roger Gregory. But 16 percent is plus people who lost their lives. There lives, and also in the aftermath of pull- just not good enough. are going to be a lot of park projects, ing rubble out with their hands, There are those who will say, gosh, mentoring, recreational facilities, breathing toxic air in the crumbling this is the same as it has always been. maybe computer laboratories, maybe buildings—those individuals are also in Let’s look at first-year comparisons of homes for adults, and senior citizen a combat zone. It is a terrorist attack former Presidents. programs across the country named for zone. President Clinton nominated 32 each and every one of the fallen vic- It seems to me very logical and ap- judges by October 31 of his first year in tims of these violent acts of terrorism propriate to adapt our tax laws so they office. Of those, 28—or 88 percent—were on our office buildings in our airplanes do not have to pay income taxes for the confirmed by the time Congress went on September 11. month in which they are working in out of session in 1993. I look forward to working with you. these combat zone areas, or terrorist Further, President George Herbert All of that is going to be done in less attack zones. Walker Bush nominated 18 judges by than a year. That will be a fitting me- I have legislation in that regard. October 31, 1989, of which 16—or 89 per- morial so we will remember those who Hopefully, we will pass that, as well as cent—were confirmed by the time Con- lost their lives. legislation to say to the family mem- gress recessed by the end of the year. The people taken from us by those bers of those who have lost their lives President Reagan’s confirmation rate terrorist attacks were good people. that they will not have to worry about for pre-October 31 nominees confirmed They were our sons and daughters, paying taxes. during his first year was 100 percent. mothers and fathers, grandparents, Again, using the analogy for those Now President George W. Bush has grandchildren, our friends, our neigh- who serve in our military, if a man or nominated 60 judges, and the Senate bors, and our loved ones. They should woman in our Armed Forces is killed in has confirmed only 8, a mere 13 per- be remembered. combat, they are not subject to income cent. So that is the actual comparison. The foreign operations bill, while it taxes, and half of their estate taxes are Currently, there are 108 empty seats is an important bill—and it will be forgiven. Again, the targets of these in the Federal judiciary, which is about passed—also is important in the admin- terrorist attacks were men, women, 12.6 percent of the total number of istration of justice. We have a crisis in children, and families. It seems to me judgeships. This is the highest in mod- the administration of justice. we should accord them the same sort of ern history, except for the extraor- Obviously, we have a crisis mentality tax treatment. dinary event in December of 1990 when so far as terrorism is concerned, as well I have put in a bill, for which I have Congress created 85 new positions and, as prosecuting the war on terrorism on support from a good number of Sen- therefore, there were 85 vacancies all the home front where we need to have ators, to say to those victims’ sur- at once. our first responders better equipped. vivors that they will not have to pay I believe we can do better. I think Our surveillance needs to be improved. income taxes for the loss of their hus- these nominations ought to be acted on In situations where there may be an band, wife, or other family member, before we recess for the year, which anthrax scare, it needs to be properly and they will not have to be worrying will be the end of the President’s first identified and remedied. If it isn’t an- about death or inheritance taxes. I year in office. I think all of the Presi- thrax, we need to make sure people are think that is an appropriate and log- dent’s nominations that were made not panicked. ical adaptation of law in that regard. prior to August certainly should be I believe very strongly that those So far as justice and the judicial sys- acted upon. front-line people, the fire, rescue, and tem are concerned, there are currently Again, if you look at the history of police officers who are working in the 106 vacancies in the Federal courts, 31 the Senate, by the end of the Presi- terrorist attack zone, ought to be ac- at the circuit court and 75 at the dis- dent’s first year in office, the Senate corded the same sort of tax policy trict court level, which is higher—it is has acted on all judicial nominations treatment accorded to our military almost 50 percent higher than the va- made prior to the August recess; the personnel. cancy rate 2 years ago when many only exception being one Clinton nomi- Under current Federal law—it is very Democratic Senators, including the nee the Senate acted on in the fol- good law—if our military men and current chairman, Senator LEAHY, lowing year. women in uniform have to serve in a complained about a vacancy crisis. If we are going to work with the combat zone, their income taxes for That is when there was a 50-percent va- President to reach his goal to address that month are not paid because they cancy rate. Forty-one of those vacan- the current judicial vacancy crisis, are in a combat zone. cies have been formally classified as ju- then the Senate should confirm at This war on terrorism has changed dicial emergencies by the nonpartisan least 40 more judges by the end of this the face of war. Now the terrorism war Judicial Conference of the United session. is not taken to military facilities but States. This is the highest vacancy I do not think this is too hard to do. is taken to office buildings, to air- rate since 1994. It can be done if we work our will. I planes, to civilians, and to commercial Despite the high level of vacancies ask the chairman of the Judiciary airlines. We have seen that—whether it and the record pace of nominations, Committee to hold these hearings. was an attack on the World Trade Cen- the judiciary has actually shrunk dur- These individuals ought to be vetted, ter buildings or whether at the Pen- ing the months since President Bush ought to be cross-examined. Look at tagon or obviously the innocent people took office. In other words, the number their record, their judicial philosophy, who were on the airplanes that were hi- of vacancies has increased, and the their demeanor, especially if they are jacked and turned into weapons. With Federal Government has moved back- district court judges. that, we see that innocent, unprotected wards in its effort to bring the judici- I think if they look at the com- men, women, and children are now the ary up to full strength. petence, the qualities, and the charac- targets and the victims of terrorist at- During the first year of the Clinton teristics of these judges, they will cer- tacks. administration, just to give you a tainly find them to be individuals who My view is that the firefighters, the sense of the pace of court nominees, ought to be on the bench administering rescue squad people, the heroic police there were nominees for the court of justice. officers, whether in New York City or appeals. Of those nominees, 60 percent Clearly, we have a judicial crisis. at the Pentagon, are working in a com- of President Clinton’s court of appeals These vacancies should not continue. bat zone. But it is called a terrorist at- nominees were reported in the first We need to act in the Senate, not just tack zone. The President has so des- year. In contrast, President Bush has do one thing at a time. Let’s keep mov- ignated these areas. It would seem to nominated 25 circuit court nominees ing forward to make sure that, yes, we me that these warriors and these patri- and the committee has reported 4. That support our military, support our intel- ots here at home in their heroic acts of is just 16 percent. One of those was ligence efforts, our diplomatic efforts working in these buildings and in these Roger Gregory of Virginia—a very good in foreign operations, making sure we facilities—some of them with their last move. I am glad the committee re- are properly reacting and stimulating

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10762 CONGRESSIONAL RECORD — SENATE October 16, 2001 our economy to get people back to One wonders what the other side is ed to rush through judges. Yet more work, making sure consumers have trying to do. Are they trying to intimi- judges passed this year. greater confidence and have the capa- date us into rushing judges we might If you extrapolate Chairman LEAHY’s bility to then buy things so those who want to dispute? Maybe. I hope not. numbers over a full year—in other manufacture or produce various goods They will not. I am not going to allow words, if the pace continues at the pace or services can start hiring again and somebody I believe is not qualified for we have been proceeding thus far—then get our economy moving again—but the bench to get on the bench because he is ahead of the pace set by the Re- also we need to make sure the third it is tied to something else or because publican-controlled Congress for the branch of Government, the judicial the times ask for bipartisanship. We past 6 years. branch, is at full strength, which it are not the ones who are making this If anyone doubts his devotion, he was certainly is not with the 12.6-percent matter an issue. But let me go into here in August when most of us were vacancy rate, which is an unprece- some of the details. traveling around our districts and dented high rate, again, as observed by The bottom line is very simple. We going on vacation, and whatever else those who see this as a crisis. now have real work to do in this Cham- people do during August recess. I do We need to get to work in the Senate. ber. This Judiciary Committee has some of each. But he was here holding I hope once we get a commitment to worked long and hard on an hearings. move forward, that we then, obviously, antiterrorism bill. We are trying to ap- Since September 11, of course, we can move forward on the foreign oper- propriate money for foreign operations. have been focused on the tragedies of ations bill, which is also a very impor- More is needed now than ever before. that day and the new challenges that tant measure. But let’s get our judicial We have not finished the business of face our great country. Nonetheless, branch of Government up to full improving airline security. We are just despite that, two more confirmation strength. That is our duty and respon- beginning the business of improving hearings have been held by Chairman sibility as well. rail security. We are trying to finalize LEAHY. The third is coming on Thurs- Mr. President, I yield back my time and examine how we ought to change day. I am supposed to chair it. I have lots of other things to do, given the and suggest the absence of a quorum. our immigration laws. We have an- state of my State and the state of the The PRESIDING OFFICER (Mr. thrax in our office buildings. We are city, both of which I love. But we are CORZINE). The clerk will call the roll. facing threats we have never had to sitting and holding hearings. It is un- The assistant legislative clerk pro- deal with before. ceeded to call the roll. Should we be filling the bench? Yes. fair at best and not nice to say we are not working hard on it when we have Mr. SCHUMER. Mr. President, I ask Is that the No. 1 priority since Sep- so many other challenges. unanimous consent that the order for tember 11? Absolutely not. It is cer- the quorum call be rescinded. My good friend, ORRIN HATCH, with tainly not called for to tie appropria- whom I work on so many issues, has ar- The PRESIDING OFFICER (Mr. NEL- tions bills or a foreign operations bill gued that his numbers were what they SON of Nebraska). Without objection, it to the movement of judges. That is not is so ordered. were because there were not enough marching to our higher instincts. That nominees to confirm. There are some Mr. SCHUMER. Mr. President, I is not something the American public, know there has been debate intermit- folks out there who disagree with that. looking on the Chamber, would say is Here are the names of nominees who tently as we have discussed other the right thing to do at this time. It is were never confirmed: issues about the appointment of judges, not what they want. Judith McConnell from California; and the pace and the speed. Frankly, I It is with regret that some of us have John Snodgrass from Alabama; Bruce sort of regret the debate in a certain to come to the floor and defend Chair- Greer from Florida; James Beaty from sense because we have been working to- man LEAHY. We shouldn’t even have to North Carolina; Jimmy Klein from gether very well as a body since Sep- do it. But when the Senator from Ken- Washington, DC—I went to college tember 11. The times call for biparti- tucky comes down and brings a chart with him—Legrome Davis from Penn- sanship. And this is an issue that is that says let’s look at the number of sylvania; and Helene White from Ohio. naturally a partisan issue. nominees considered for hearing, I Those are just a few of the 57 nomi- Some of the talk I have heard that guess we have to answer. nees from all over the country who the nomination of judges will be tied to Again, some of the arguments are on never—underline ‘‘never’’—got a hear- bringing appropriations bills forward is the verge of the ridiculous. They say: ing from the Republican Judiciary not what we need at this time. But, Let’s look at the number of judges per Committee. Those 57 would be shocked nonetheless, it is proceeding. hearing. That is not the standard. That to hear Republican Senators taking to As a member of the Judiciary Com- is not the standard you folks want. If the floor and claiming they had no one mittee who has sort of been quite sur- we had one hearing with six judges as to confirm. They are not a ‘‘nobody,’’ prised that some of my good friends on opposed to five hearings for four as somebody once said. That doesn’t the other side of the aisle—they are in- judges, you wouldn’t be happy. even begin to address the people who deed friends—would make this an issue I was going to say to my colleague got hearings but had to wait and wait right now, I thought I ought to try to from Kentucky, but I couldn’t get the and wait. answer it in as objective way as I could floor, that it is sort of like saying how The average time of a circuit court because as someone who serves on the many chairs there are in the hearing nominee from the 105th and 106th Con- Judiciary Committee, I have seen the room. We have more chairs in the hear- gresses awaiting confirmation under speed with which we approved judges ing room than you do. So? The stand- the Judiciary Committee chaired by during the first 6 months, and the ard is the number of judges approved. my friend, ORRIN HATCH, was 343 days. speed with which we have approved Let’s set the record straight. President Bush had not even been in of- judges since Senator LEAHY became First, Ranking Member LEAHY be- fice that long. Some took much longer. chairman of the committee. came chairman on July 10. That is We know the reasons. Richard Paez By any measure and by any objective when the full committee was reconsti- took 1,520 days. Willie Fletcher waited standard, we have done a lot more tuted. So he has been here over 3 1,321 days. Hilda Tagle took 943 days. since PAT LEAHY became chairman months, including, of course, the Au- Susan Mollway took 914 days. Ann than we did before that time. gust recess. In effect, he has been here Aiken waited 791 days. Timothy Dyk To say we are slowing down the se- through two working months. Yet he is took 785 days. lection of judges is nonsensical to any- ahead of the pace set by Congress in The list goes on and on. It sounds alone. I would bet my bottom dollar that the first year of the first Bush adminis- most like the Bible. So and so lived 800 if we had 100 observers of the Judiciary tration and the first year of the first years, and begat so and so. The list Committee from a foreign planet, and Clinton administration. goes on and on. We are a long way from they looked at the speed, both pre- If there is anything at variance, you seeing that under Chairman LEAHY. I Leahy and post-Leahy, all 100 of them would have thought that the Democrat don’t think we ever will. would say the speed picked up when President and the Democrat Congress, I believe there are three criteria for PAT LEAHY became chairman. which existed in 1993, would have want- confirming judges. As I played a role,

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10763 as we all do, in selection of judges in that the ground rules for confirming What we have seen is a systematic my State, I have had three words that judges to the courts should be changed. slowdown, consistent with the public sort of guide me. They are excellence, Apparently, at that retreat, a brilliant statements that have been made pre- moderation, and diversity. but liberal law professor, Laurence viously of what they were going to do. By excellence, I mean legal excel- Tribe, and Cass Sunstein, and Marcia That is beginning to put a crunch on lence, among the best the bar has to Greenberger advised the Democratic the judiciary and really hurt justice in offer. Being an article 3 judge, a life- Senators that they should ‘‘change the America. It is legitimate and proper time judge, is such an important posi- ground rules’’—that is a quote from the that this matter be raised here in this tion. I believe that is important. New York Times—used in the con- Senate Chamber. Moderate: I do not like ideologues on firmation process and make it more Some say: Well, don’t play politics the bench. I do not like judges too far difficult to confirm judges. with the foreign operations bill. You to the right; I do not like judges too far That is after the Senate gave Presi- are playing politics with that. to the left. I want judges who will have dent Clinton a fair hearing on his Let me just say it this way: Let’s moderate approaches to the law. judges. This is important to note: In have a fair movement of President The third criteria is diversity. To me, the 8 years that President Clinton was Bush’s qualified judges. Let’s see them that means we should not have all in office, he had confirmed 377 Federal move forward at a fair rate. white males on the bench; we ought to judges. He only had one of his nomi- They say: Well, you cannot complain make an effort for diversity in terms of nees voted down. about that. You cannot do anything race and gender but also ideology. I According to my numbers, there were about it. You cannot utilize any of the think a bench that had nine liberal 41 nominees pending that did not get rules that are available to you Repub- Democrats would be just as bad as a confirmed before he left office. That is licans because if you do, you are par- bench that had nine conservative Re- a traditional number. There were 67 va- tisan. But we can sit on judges. We can publicans. You need some diversity of cancies, but there were 41 nominees; he delay hearings in the judiciary. And we opinion. Obviously, depending on who did not have nominees for the dif- can delay confirmations, but that is is the President or who is in the Con- ference. not partisan. We are getting close to the end of gress, there will be a tilt toward one di- So under Senator HATCH’s leadership, this session, and we are way behind rection or the other, but there ought to when the Republicans had the majority where we need to be. Nobody, in my be some balance. Balance, to me, is the in the committee, the Clinton nomi- view, can dispute that. Nobody can dis- key word, as it is on so many issues nees were scrutinized, they were exam- pute we have a growing vacancy prob- these days. ined, and, for the most part, they got lem in the courts. It is time for us to While we move on judges, we are not through. Last fall, at the time we left—and in confront it. going to be pressured to move too rap- the last months of the Clinton adminis- We have written letters to the chair- idly. We need time—and a reasonable tration—we constantly heard a drum- man. We have talked to the majority amount of time—to examine these beat of complaints that the 60-or-so va- leader. We have asked and asked for judges’ backgrounds and their opinions cancy level that was pending out there their help, and we are not getting it. before we give them lifetime seats on in the courts was jeopardizing justice So I do not think it is fair to say, those the Federal bench. in America. The truth is, you are going who have asked respectfully and urged We are going to keep holding hear- to have around 60 vacancies at all movement of the judges in a fair and ings for those nominees on whom we times. legitimate way, that we ought to be ac- have done background research. We are It takes a while for the President to cused of being partisan. going to keep confirming judges who decide who to nominate. There has to By the way, the foreign operations merit confirmation. And we are going be an FBI background check. They funding is operating under a con- to do it at a pace that will exceed that have to get the nominees to fill out all tinuing resolution. We are not shutting done by my Republican friends across kinds of questionnaires to make sure off funding for that. But what we are the aisle. Those are fair and reasonable there is not something bad in their saying is that this is serious business. commitments to this body. It is a fair record. As I say, the FBI does a back- Moving judges is serious business. We commitment to the White House. It is ground check. The ABA does a back- want your attention, majority in the a fair commitment to the American ground check. The nominees are sent Senate, slim though it may be. We people. over here to the Judiciary Committee want your attention. We want your With those commitments we should and are given a big questionnaire, focus on judges. It is important to return to the real and pressing business which they have to fill out. America. And we have a legitimate that awaits us. We should not be hav- Historically, we have seldom been concern in that regard; and we are asking just cloture votes at this crucial below having 60 vacancies for judges. ing for that. time. That is so wrong, so, so wrong. Now we are at about 110. And the very Just a year ago, the then-minority If you ask the American people, what people who were on this floor last year, leader, TOM DASCHLE, in July made a are the top 5 issues, what are the top 10 screaming mightily that 60, 67 was an statement about moving the intel- issues, what are the top 50 issues, I do outrage, are now suggesting they have ligence authorization bill. In recent not think they would say the confirma- no problem with 110. weeks we have learned about how im- tion of judges is in that top 50. Yet we In my district, the southern district portant the intelligence community is. are slowing down important and vital of Alabama, we have a three-court dis- The intelligence bill was on the floor, legislation. Some people can make that trict where I was a U.S. Attorney for 12 and in a nice way that the then-minor- link; it is wrong. years. I practiced there before Federal ity leader had to express himself; this So I say to my colleagues—I almost judges. Really, it was for 15 years as an is what he said: plead to them—America is at war, and Assistant U.S. Attorney and a U.S. At- I also hope we can address the additional you are bickering about judges. We torney before Federal judges. They appropriations bills. There is no reason we need to get our eye back on the ball. have a three-judge court. They only can’t. We can find a compromise if there is a Mr. President, I yield back the floor. have one judge. There are two vacan- will, and I am sure there is. But we also want The PRESIDING OFFICER. The Sen- cies there. to see the list of what we expect will prob- ator from Alabama. So we have some problems around ably be the final list of judicial nominees to be considered for hearings in the Judiciary Mr. SESSIONS. Mr. President, I ap- the country that need to be dealt with. Committee this year. I am anxious to talk preciate the leadership of Senator Here we are, and we are asked: What with him [TRENT LOTT, the then-majority SCHUMER on the Court Subcommittee. I can you do about it? On the Judiciary leader] and work with him on that issue. All know he is a good lawyer, and he cares Committee, President Bush’s party, of this is interrelated, as he said, and be- about the court system. We have had the Republican party, does not have a cause of that, we take it slowly. some very interesting hearings under majority, so it cannot call hearings. It In other words, that was a nice way his leadership. They do, however, re- cannot force hearings. It cannot force of saying, from Mr. DASCHLE, that they flect an idea that was openly stated at votes. We are at the pleasure of the were not going to move the intel- a Democratic retreat early this year, chairman and the majority. ligence authorization. He was not

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10764 CONGRESSIONAL RECORD — SENATE October 16, 2001 going to move that legislation until he ing before the Judiciary Committee. vacancies numbered in the sixties, Sen- got a commitment from the majority This chart is revealing. In 1998, judicial ator LEAHY, then ranking member, now leader on judges. He wanted to know nominees per hearing averaged 4.2; in chairman of Judiciary said: how many were going to be confirmed 1999, 4.2; in 2000, 4.2. That is 4.2 judges We must redouble our effort to work with before the session ended. up each time we had a hearing. In 2001, the President to end the longstanding vacan- Sometimes those things occur. The that number has dropped. There has cies that plague the Federal courts and dis- minority in the Senate has the power been some dispute about it, but there is advantage all Americans. That is our con- to block consideration of bills. That is no dispute that it is half what it was stitutional responsibility. what he was doing at that time. That is before. Well, the Senate’s pace in moving basically what we are saying today. We One of the things happening is, when nominations this year is far behind the are going to stop this legislation until we have a hearing, we are not putting pace during the first years of both we get some sort of good-faith commit- as many judges on the panel. We can do Reagan and Bush 1 and the Clinton ad- ment to move judges forward at this three, four, five, six at one time, if we ministrations. For example, in the first point in time. want to. We can all be able to ask them year of President Reagan’s administra- They say we didn’t have any nomi- questions if we want to. But if you hold tion, there were 40 confirmations to nees in the first 6 months. The Presi- the number of judges per hearing down, the Federal bench. Under former Presi- dent of the United States has a lot to you are not moving many judges for- dent Bush’s administration, there were do in the first 6 months. He has to fill ward. That is a critical event that has 15 confirmations. Under President Clin- his Cabinet, his subcabinet, organize gotten us as far behind in the scale as ton’s administration, the first year, 28 his government, working night and we are today. confirmations. At this point, we have day, and submit judges. By May, Presi- Again, I know a lot has happened this confirmed eight, and we have maybe a dent Bush had submitted a stellar list year. Perhaps there is some basis for month left in this session. At the rate of judges, including at least three the complaint, the excuse, or the rea- we are going, we are not going to get Democrats. What has happened on son we have not moved forward is that close to what was a national average of that? a lot of things have happened. But if we the last three administrations of 28 Three Democrats have had hearings were just to get our hearings moving, judges in the first year. and been confirmed. They found time we would not be in this crisis. We have In fact, with regard to the nomina- for those. Seven out of the 18 have had been warning on our side that this was tion process, in the first year of each of hearings. They were nominated in May. happening. We have been asking in a those Presidents’ administrations, Their backgrounds are sterling. It was respectful way and received little or no every person who was nominated before a bipartisan blue ribbon group of nomi- attention to the matter. the August recess was confirmed that nees. I believe our complaint is legitimate. first year, except one. The President reached out. He nomi- I believe it is our duty to ask the ma- This is a chart that demonstrates nated one nominee that had been jority leader and the chairman of the that quite clearly. During the Reagan blocked by the Senate and had been judiciary to reevaluate what they are administration, all of his nominees held up. He renominated one of Presi- doing, to sit down and plan some hear- who were sent to the Senate before the dent Clinton’s nominees as an act of ings for these judges and give us a com- August recess—they gave us a whole good faith, to reach out. So what has mitment that they are going to move month to work on the paperwork and happened? We have had confirmation of forward. If we don’t, we will end up review it—every one was confirmed. the three Democrats. We have had when we recess—and maybe we will re- Under former President Bush, the same hearings on 7, and 11 of those nomi- cess earlier than normal this year; occurred. Every nominee he sent for- nated back in May have not even had a many hope so—without moving any- ward to this Senate before the August hearing. That is beyond the pale. That thing like the number of judges that recess was confirmed. Under President is unjustified. we should. Clinton, 93 percent of his were con- Since then, additional nominees have It has been stated that a substantial firmed who were submitted before the come forward for which there is no ob- portion of the judicial nominees pend- August recess. Only one of his was not jection. Many of those nominees have ing in committee do not have all their confirmed. Under the now-President been blessed already by the home State paperwork completed. However, almost Bush, only 18 percent of his have been Democratic Senator. Many of them, 30 have everything in, including their confirmed to date. the Republican Senators have all ABA rating, and there is no reason for So we are just heading on a collision signed off on. They are ready to go, us not to move on those. course to a situation that is going to many of them, with no objection what- We have at least 30 that have every leave the courts shorthanded. If we soever. Their background checks are bit of their paperwork done. We don’t recognize it, we are acquiescing clean, and they are ready to go for- haven’t been moving those. The Presi- in what could be a deliberate plan to ward. dent made 18 nominations in May; 11 of slow down the confirmation of judges, We just need to have a hearing. We them that have not even had a hearing even though last year—less than a year can’t move a judge under our rules and their paperwork is in. Why is it ago—the people who are involved in until the judge has been given a hear- that we are not able to move effec- that now were decrying that as unac- ing. Any Senator has the right to ask tively? ceptable; it was unacceptable to keep them questions. I don’t think this Sen- Unfortunately, it appears to be con- the confirmations low. ate should be a rubber stamp. They sistent with what we learned in the One more time, let’s review these ought to be able to ask questions and New York Times article. At the Demo- numbers because I don’t think anyone examine their backgrounds and cratic retreat they had a meeting to should think that the reason we are records. If they are not comfortable plan to change the ground rules for here is light or insignificant. The rea- with it, vote no. But President Bush confirmation of judges; in effect, to son we are here talking about these has given us a group of nominees that slow the process down, let the vacan- issues is that they are important. are mainstream superior judges and cies grow, even though last year they In the 103rd Congress, under Presi- will do a great job on the bench. He is were saying just the opposite. dent Clinton—and he had a Democratic entitled to the same support and move- I will share with you some of the majority in the Judiciary Committee— ment of his judges as President Clinton comments we had last year. When there were 63 vacancies there. In the received. there were 76 vacancies—now we have 104th Congress, 2 years later, at the end They say we have a lot to do. We 108, 109—when there were 76 vacancies, of President Clinton’s first term there should not worry about judges and just the now majority leader stated: were 65 vacancies. In the 105th Con- pass the appropriations bill for foreign The failure to fill these vacancies is strain- gress, with Chairman Orrin Hatch’s operations. We are just too busy to do ing our Federal court system and delaying leadership there were 50 vacancies. this. justice for all people across this country. Senator HATCH had reduced vacancies We have a chart that shows how That was last year when we had 76 to 50. In the 106th Congress, the last many judges have been put up per hear- vacancies. Just 2 years ago, when the years of President Clinton’s term, the

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10765 vacancies were 67, which is, as you can great Governor. Sadly, he never got the Given these numbers, it should not see, pretty mainstream. But now we change to show us that—at least, not be surprising that the number of va- have 110 vacancies without an extraor- directly. cancies is much higher today than at dinary game plan in the Judiciary But his spirit does live on in this the end of the Clinton administration. Committee to have hearings and move Senate. As JEAN CARNAHAN has said so As of today, there are 109 vacancies for judges forward. At the rate we are many times: a vacancy rate of 12.7 percent, while at going, the resignations are going to ex- Hopes and dreams don’t die with people, the end of the Clinton administration ceed the nominations and confirma- they live on in all the people we touch. last year, there were only 67 vacancies tions. That is not a healthy thing for Today, Mel Carnahan’s hopes and for a 7.9 percent vacancy rate. our judiciary. dreams live on through all those he The Senate confirmed almost the Mr. President, I feel strongly about touched. But they have their most same number of judges for President the issue. I know there are pressures on powerful voice in his wife of 45 years, Clinton as for President Reagan, 377 all of us. We have groups out there that JEAN CARNAHAN. compared to 384. This is true even used to try to pressure Chairman It was one year ago that she pledged though Republicans controlled the Sen- HATCH and tell him how to run the Ju- to keep the fire burning. And every day ate for six years of Clinton and six diciary Committee. He took the view since—that is exactly what Senator years of Reagan. In fact, while I was that: If you want to get elected to the CARNAHAN has done. Chairman for the first six years of the Senate, you can run the committee; In her tireless work to see that the Reagan administration, I made con- otherwise, I am going to give hearings economic victims of September 11 get firmations arguably my top priority. a fair shot and do what I think is right health care, unemployment benefits, Yet, the numbers are comparable. and move nominees. and job training—we feel Mel’s sense of The Democrat majority often notes I know pressure is out there. I think justice and compassion. In her work to that it has confirmed more circuit it is time for us to get serious on this improve our nation’s schools—we see judges this year than the Senate did matter, to move nominees forward, Mel’s commitment to the children of for the first year of the Clinton admin- give President Bush’s nominees a fair Missouri, and America. And when Sen- istration. While this is true, President chance to be confirmed, to reduce this ator CARNAHAN comes to the Senate Clinton nominated only five circuit extraordinary backlog of vacancies floor, and commands here colleagues’ judges in his first year in office, com- that are out there —to have hearings attention with her clear and thought- pared to 21 for President Bush so far on those 11 judges who were nominated ful arguments—we hear the echoes of this year. Also, in the first year of in May because they have not even had Mel’s plainspoken sensibility. Clinton, the Democrats were in charge a hearing yet—and get busy with fill- One year after that cruel October at the time. Last year, while Repub- ing our responsibility to advise and morning, JEAN CARNAHAN has become licans were in control and it was an consent or reject President Bush’s the great Senator that Mel Carnahan election year, the Senate still con- nominees. would have been had he been given the I thank the Chair and yield the floor. firmed 8 circuit judges, double the chance. That is one blessing that number we have confirmed so far this The PRESIDING OFFICER. The Sen- makes his loss more bearable. ator from Nevada is recognized. year. The poet Longfellow wrote: Under any reasonable evaluation, the f When a great man dies, numbers show that we are far behind MORNING BUSINESS for years beyond our ken, this year. However, there is still time the light he leaves behind him lies Mr. REID. Mr. President, I ask unan- upon the paths of men. to act this session, and make the num- imous consent that there be a period bers fair with former Presidents. During his life, Mel Carnahan cast a for morning business with Senators In the first year of each of the past bright and shining light on his state permitted to speak therein for up to 5 three administrations, all judges nomi- and our nation. His death did not ex- minutes each. nated before the end of the August re- tinguish that light. The PRESIDING OFFICER. Without cess were confirmed that year. The That light continues to shine in the objection, it is so ordered. only exception is one judge during the remarkable work and the indomitable first year of the Clinton administration f spirit of his partner and our colleague, who received a negative American Bar ON THE ANNIVERSARY OF GOV- Senator JEAN CARNAHAN. ERNOR MEL CARNAHAN’S DEATH Today, especially today we thank her Association rating, and even he was for her courage and for our inspiration. confirmed the next year. President Mr. DASCHLE. Mr. President, one Bush nominated 44 judges before the year ago today, America awoke to the f end of August, and to be consistent we terrible news that we had lost three ex- JUDICIAL CONFIRMATIONS should confirm these judges before we traordinary public servants: Governor adjourn this year. Mel Carnahan, his son Roger, and their Mr. THURMOND. Mr. President, I One pending circuit court nominee is friend and aide Chris Sifford. rise today to express my concern over Judge Dennis Shedd, who was among Mel Carnahan was a remarkable the slow pace of judicial confirmations President Bush’s first set of nominees man—the kind whose work proved that in the Senate. sent to the Senate on May 9. He has politics and public service can indeed The Bush administration deserves to been a very able district court judge be a noble profession. be treated as fairly by the Democrat Like another man from Missouri, majority as the Republican majority for the past decade and was formerly Harry Truman, Mel Carnahan was a treated the Clinton administration. the chief counsel and staff director of man of plain speech and enormous po- Thus far, the facts show that the pace the Judiciary Committee. He has bipar- litical courage. of confirmations is extremely slow and tisan support. Also, the position for Throughout his career, he worked to the number of vacancies is extremely which he has been nominated has been help people, to make government effi- high. declared a judicial emergency by the cient, and to use the tools at his dis- The Senate has confirmed only 8 Administrative Office of the Courts. In posal to make a difference in people’s judges so far this year, compared to 60 addition, the committee held a hearing lives. who have been nominated. During the in August on the nomination of Terry Whether it was improving public Clinton administration, the Senate Wooten for the District Court in South schools, expanding health insurance for confirmed an average of 47 judges per Carolina. I sincerely hope both of these children, protecting seniors through year. In the first year of the Clinton fine judicial candidates can be con- stricter safety standards for nursing administration, the Senate confirmed firmed this year. homes, or making communities safer— 28 judges, which is about average when In summary, I hope the Senate can Mel Carnahan never stopped working compared to the first year for Reagan act this year on many pending judicial to make a difference. and Bush I. In the final year of the nominees, and greatly reduce the ex- I have no doubt that he would have Clinton administration, we confirmed tremely high vacancy rate that cur- been a great Senator, just as he was a 39. rently faces our Federal courts.

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10766 CONGRESSIONAL RECORD — SENATE October 16, 2001 COMMENDING MR.ISAAC HOOPII come increasingly difficult to fill this technologically-trained workforce is a FOR HIS ACTIONS AT THE PEN- demand and remain competitive in the key element. Clearly, we need to invest TAGON global economy. in our students because they will be Mr. INOUYE. Mr. President, on Sep- To respond to the shortage of tech- the booster rocket for the future suc- tember 11, 2001, out of the rubble of de- nically-trained workers in this coun- cess of our economy and allow this Na- struction, countless Americans rose try, the Congress has had to raise the tion to lead the world in this century. and demonstrated great courage and cap on H1–B visas for immigrant work- f selflessness. One such American was ers. Why was this necessary? In the past decade, growth in the number of LOCAL LAW ENFORCEMENT ACT Mr. Isaac Hoopii, a Native Hawaiian OF 2001 who resides in McLean, VA, and is a Asian and European students earning Mr. SMITH of Oregon. Mr. President, Pentagon police officer and member of degrees in the natural sciences and en- I rise today to speak about hate crimes a bomb-sniffing canine police unit. gineering has gone up on average by 4 legislation I introduced with Senator Minutes after a hijacked plane percent per year. During the same KENNEDY in March of this year. The crashed into the Pengaton, Mr. Hoopii time, the rate for U.S. students de- Local Law Enforcement Act of 2001 raced into the burning building and clined on average by nearly one per- would add new categories to current carried out eight people. cent each year. It was startling to hate crimes legislation sending a sig- His calm resolve in the face of danger learn that the Organization of Eco- nal that violence of any kind is unac- equaled his physical prowess. Unable to nomic Cooperation and Development, ceptable in our society. see the terrified victims, but knowing OECD, ranked the United States 25 out I would like to describe a terrible that they were amid the debris, smoke, of 26 industrialized nations surveyed in crime that occurred June 21, 2001 in and darkness, Mr. Hoopii repeatedly terms of the number of college and uni- Cortez, CO. The body of an openly gay, called out: ‘‘Head toward my voice.’’ versity degrees in science. The OECD half-Navajo teen, Fred Martinez Jr., 16, Several people followed his voice and found that South Korea led those na- was found south of Cortez 5 days after crawled to safety. At least one man tions surveyed and that we are behind he left home to go to a carnival. Police who was led by Mr. Hoopii’s voice countries like Finland, Japan, the have arrested another teen, Shaun called it the ‘‘voice of an angel,’’ and Czech Republic, and Ireland! In my home State of Missouri, I have Murphy, in the murder and are inves- credits it for saving his life. seen the same sort of disturbing trends. tigating whether the homicide was a I have had the opportunity to hear The University of Missouri has seen an hate crime based on sexual orientation Mr. Hoopii’s voice. He is a musician overall decline in science, engineering, or race. The perpetrator allegedly with the ‘‘Aloha Boys,’’ a Hawaiian and math degrees as a proportion of bragged that he ‘‘beat up a fag.’’ Mar- musical group that has performed on total undergraduate degrees. For exam- tinez often curled his hair, plucked his Capitol Hill. His singing is melodious ple, undergraduate degrees in engineer- eyebrows, wore make-up and toted a and resonant, but I believe Mr. Hoopii’s ing have declined by 16 percent over purse to school. His mother told the voice had never before sounded more the past 5 years whereas non-science press that she firmly believes her son’s beautiful than it did on that September degrees have increased by 14 percent. slaying was a hate crime based on his morning. Mr. Hoopii carries with him Because of these troubling numbers, I gender identity or because he was the true aloha spirit, and I thank and am excited to work with my Senate transgender. commend him for sharing with the colleagues to come up with a potential I believe that government’s first duty world the aloha of the Hawaiian people, solution. I thank Senator LIEBERMAN is to defend its citizens, to defend them whom I have been privileged to serve. and his staff for taking the initiative against the harms that come out of f in crafting this bill and working with hate. The Local Law Enforcement En- me. I also thank Professor Romer of hancement Act of 2001 is now a symbol TECH TALENT ACT OF 2001 Stanford University for his vision and that can become substance. I believe Mr. BOND. Mr. President, I rise to thoughts in developing this bill. that by passing this legislation, we can express my strong support for the Through the administration of the change hearts and minds as well. Technology Talent Act of 2001. As an National Science Foundation, this leg- f original co-sponsor, I am pleased to islation provides financial incentives have joined my Senate colleagues, Sen- to our colleges and universities to ex- HONORING TODD BEAMER ators JOE LIEBERMAN, BARBARA MIKUL- pand existing successful programs and Mr. CORZINE. Mr. President, I rise SKI, BILL FRIST, and PETE DOMENICI in create new, innovative ways that en- today to pay tribute to a man whose introducing an important piece of leg- courage our youth to enter and stay in undaunted and determined spirit islation that will help strengthen the the science and engineering fields. Our showed this world the best of human- long-term economic competitiveness bill also encourages schools to develop ity. On September 11, Todd Beamer and health of our Nation. We are here programs that will attract more mi- took action against the hijackers on to sound the alarm to the public that norities and women. This is critical United Flight 93 for the noblest cause, our Nation’s innovation capabilities since there are few minorities and so that others might live. are at risk of falling behind other in- women employed in the high-tech sec- Todd’s spirit proved stronger than dustrial nations if we do not aggres- tor. the evil that boarded Flight 93 on that sively increase the number and quality To jumpstart this program, I am infamous day. His spirit of kindness of our technologically-trained work- pleased to note that we have included and generosity, of selflessness and force. $20 million in NSF’s budget as part of bravery never faltered. The number of American students re- the Senate’s fiscal year 2002 VA, HUD Todd embodied that spirit on Sep- ceiving degrees in the natural sciences bill. I hope we can maintain this level tember 11 and throughout his life. A and engineering fields has fallen sig- in conference and later increase fund- husband and father, son and brother, nificantly. This decline has occurred ing for this program to a level of $200 friend and volunteer, parishioner and despite the growth in population and million if this program is successful businessman: he played many roles. increase in undergraduate enrollment. and our subcommittee receives the Our nation will always remember him But in other countries, the proportion necessary funding. in the role of hero. of degrees in the sciences has grown Along with many of my Senate and We will never know the number of compared to the United States. As a re- House colleagues, I have been trying to lives spared by the courage of Todd and sult, the demand for scientists and en- increase support for NSF because we others aboard that plane, but his for- gineers in this country is being filled recognize the role NSF plays in stimu- titude sent a clear message to all those by foreign workers. And with the de- lating our economy and supporting the who seek to harm us: We are not mand for engineers and computer sci- biomedical work of the National Insti- afraid. Todd joined with other pas- entists expected to grow by more than tutes of Health. That is why we believe sengers on that fateful flight in Amer- 50 percent by 2008, the high-tech indus- in doubling NSF’s budget and as part of ica’s first counterstrike against ter- try is deeply troubled that it will be- this effort, increasing the Nation’s rorism and set a dignified example for

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10767 all of us who follow. Our mission is later transferred from junior college to Vietnam. David was a platoon leader righteous and let there be no doubt, we the California Institute of Technology and was killed with twelve of his men are all in this together. in Pasadena, CA. In 1961, he earned a in an ambush near Con Thien. How- Todd’s light shone through in the Bachelor of Science at Caltech, and in ever, Dr. Westphall was determined to darkest hour of this Nation’s history. 1964 earned a Ph.D. from the Massachu- draw some good out of this tragic May his honored memory be a constant setts Institute of Technology. He did event. He decided to use the life insur- reminder of America’s great courage postdoctoral work at the Salk Insti- ance payment from his son’s death to and resolve. tute for Biological Studies. He joined build the Vietnam Veterans Peace and f the University of Washington faculty Brotherhood Chapel in Angel Fire, NM. in 1968 and has been a professor of ge- Although Dr. Westphall struggled to LEE HARTWELL, PHD, 2001, NOBEL netics there since 1973. In 1996 he joined find financial support to help build this PRIZE WINNER IN PHYSIOLOGY the faculty of Seattle’s Fred Hutch- memorial, he remained dedicated to AND MEDICINE inson, Cancer Research Center and in the project, and in 1971, the first monu- Ms. CANTWELL. Mr. President, I 1997 became its president and director. ment to Vietnam veterans in the rise today in honor of Dr. Lee Hartwell Dr. Hartwell is the recipient of many United States was formally dedicated. who received this year’s Nobel Prize in national and international scientific The Vietnam Veterans Peace and Physiology and Medicine. awards for his work in cell-cycle biol- Brotherhood Chapel stands as a hand- Dr. Hartwell began his work over 30 ogy, including the Leopold Griffuel some tribute to our veterans who years ago with little more equipment Prize, the Massry Prize, the American served in Vietnam. Dr. Westphall hired or sophisticated research methods than Cancer Society’s Medal of Honor Basic a Santa Fe architect to design a beau- a few dishes of yeast cells and a micro- Research Award, the Albert Lasker tiful white chapel with gentle curves scope and now works at one of the Basic Medical Research Prize, the Gen- sweeping 50 feet upward towards the most prestigious cancer research cen- eral Motors Sloan Award and the sky. This serene memorial overlooks ters in the country. Dr. Hartwell is Gairdner Foundation International the sacred Moreno Valley in north- President of the Fred Hutchinson Can- Award for Achievements in Science. eastern New Mexico. It offers visitors the opportunity to remember those cer Research Center in Seattle, and Dr. Hartwell is also a member of the who served their Nation proudly in the also a Professor of Genetics and Medi- National Academy of Sciences. Vietnam War in a peaceful and spir- cine at the University of Washington. Dr. Hartwell typifies the ingenuity itual setting. The Chapel’s eternal I believe that no one deserves this and creativity found throughout Wash- flame illuminates this ideal place for honor more than Dr. Hartwell, who is ington State. I speak for us all when I gracious and humble in his knowledge quiet meditation. commend him on winning the Nobel Even today, Dr. Westphall remains even as it has fundamentally changed Prize in Physiology and Medicine. Dr. the way we understand biology. deeply involved in this monument, Hartwell’s work is truly revolutionary, which attracts over 120,000 visitors Dr. Hartwell was selected to receive and although it is done without pomp the Nobel Prize because of his con- every year. He still greets visitors to and circumstance, his work will have a the Chapel in his wheelchair, while tributions to understanding how cells lasting impact on us all. divide. Using yeast as a model orga- sharing stories of loved ones lost dur- f nism, he was among the first scientists ing the War. There is a very moving in the world to translate basic genetic ADDITIONAL STATEMENTS story that Dr. Westphall recounts research into the study of how cells about the Chapel. When the memorial function, and to determine which genes was first opened, the Chapel would are involved in cell division. IN RECOGNITION OF DR. VICTOR close every night. However, one morn- Cells are the basis for all animal and WESTPHALL ing Dr. Westphall found a message left plant life, and our understanding of ∑ Mr. DOMENICI. Mr. President, I rise by a young veteran on the door: ‘‘I how they multiply and develop is key today to honor Dr. Victor Westphall. needed to come in and you locked me to our understanding of larger orga- Dr. Westphall has dedicated his life to out.’’ Since then, the Chapel remained nisms, like people. Errors or mutations recognizing and celebrating the service open 24 hours a day. Just like the Chapel, Dr. Westphall in genes involved in the process of cell and sacrifice of our Nation’s veterans. has always been there for our Nation’s division can lead to cancer. Dr. This past Saturday, Dr. Westphall cele- veterans. From his own service in Hartwell’s work on these genes is fun- brated his 88th birthday, and I still World War II to his construction of marvel at how much he has accom- damental in developing approaches houses for returning veterans to the plished during his lifetime. that predict, prevent, or treat many opening of the Vietnam Veterans Peace Dr. Westphall’s dedication to vet- kinds of cancers. and Brotherhood Chapel, Dr. Westphall erans is not surprising because he is a In his research, Dr. Hartwell has dis- has remained dedicated to America’s veteran himself. He entered the United covered more than 100 genes involved veterans. I salute Dr. Westphall’s life- States Navy in 1943 as an ensign and in cell-cycle control, including the time of service to our veterans, and I served for two years in the South Pa- gene that controls the first step in the am proud and honored to have him as a cific during World War II. During this cell division process. He also docu- friend.∑ mented the existence of cell-cycle time, he was responsible for setting up ‘‘checkpoints,’’ which ensure steps in message centers to allow front-line f the process of cell growth and division communication. After serving three THE OUTSTANDING SERVICE OF have been completed properly before years in the Navy and earning two full RICHARD MONAHAN the process continues. stripes, Dr. Westphall moved with his ∑ Mr. KENNEDY. Mr. President, I wel- Dr. Hartwell’s work was the first to wife and his two sons to Albuquerque. come this opportunity to honor Rich- show that cell division is genetically However, his family had a difficult ard Monahan. Mr. Monahan has served controlled, and he generated a collec- time finding housing because of the the International Brotherhood of Elec- tion of cell-division cycle mutants large number of returning G.I.s. Dr. trical Workers Local 103 in Boston, from which many of the key genes in Westphall realized that many veterans MA, with distinction for over 45 years. this process have been isolated. Dr. were faced with the same situation, so He began as an apprentice in 1956 and is Hartwell’s latest work focuses on the he began a home construction business retiring this month as an International possible role for checkpoint defects and and built over 3,000 homes in New Mex- Representative of the Second District. genetic instability in cancer progres- ico. At the same time, he earned his Mr. Monahan has worked effectively sion and he is looking into how to ex- doctorate in history at the University and tirelessly for the working families ploit these defects to develop new can- of New Mexico and eventually became of Massachusetts and the Nation cer treatments. a leading author and expert on South- throughout these years. He will long be Dr. Hartwell graduated from Glen- western American history. remembered for his outstanding com- dale High School in California before In 1968, Dr. Westphall received news mitment and dedication to the Elec- deciding to attend a junior college. He that his son, David, had been killed in trical Workers Union. He also served

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10768 CONGRESSIONAL RECORD — SENATE October 16, 2001 his country with honor from 1960 to to law, the report of a rule entitled ‘‘Alaska EC–4474. A communication from the Prin- 1968 in the United States Coast Guard. Native Allotments For Certain Veterans, 43 cipal Deputy Associate Administrator of the Mr. Monahan rose through the ranks CFR Part 2560’’ (RIN1004–AD34) received on Environmental Protection Agency, transmit- October 12, 2001; to the Committee on Energy ting, pursuant to law, the report of a rule en- of the I.B.E.W., serving on its Execu- and Natural Resources. titled ‘‘Approval and Promulgation of Imple- tive Board, as its Business Manager, EC–4463. A communication from the Chief mentation Plans; New York Ozone State Im- and as the Second District Inter- of the Regulations Unit, Internal Revenue plementation Plan Revision; Delay of Effec- national Representative. Service, Department of the Treasury, trans- tive Date and Extension of Comment Period’’ He has also been active in his committing, pursuant to law, the report of a rule (FRL7084–3) received on October 12, 2001; to munity. His dedication has gone above entitled ‘‘Saver’s Tax Credit for Contribu- the Committee on Environment and Public and beyond the call of duty, and he has tions by Individuals to Employer Retirement Works. Plans and IRAs’’ (Ann. 2001–106) received on EC–4475. A communication from the Prin- given his many talents to charitable October 12, 2001; to the Committee on Fi- cipal Deputy Associate Administrator of the groups, including the Knights of Co- nance. Environmental Protection Agency, transmit- lumbus Council 2259, AMVETS Post- EC–4464. A communication from the Presi- ting, pursuant to law, the report of a rule en- 0146 and the Quincy Lodge of Elks #943. dent of the United States, transmitting, pur- titled ‘‘Approval and Promulgation of State I know that the men and women of suant to law, an Executive Order relative to Plans For Designated Facilities and Pollut- Local 103 and his many friends and ad- the Continuation of Export Control Regula- ants: Vermont; Negative Declaration’’ (FRL7077–4A) received on October 12, 2001; to mirers in our community are proud of tions; to the Committee on Banking, Hous- ing, and Urban Affairs. the Committee on Environment and Public Richard Monahan’s outstanding serv- EC–4465. A communication from the Assist- Works. ice, and we wish him a long and happy ant General Counsel, Banking and Finance, EC–4476. A communication from the Prin- retirement.∑ Department of the Treasury, transmitting, cipal Deputy Associate Administrator of the pursuant to law, the report of a rule entitled Environmental Protection Agency, transmit- f ‘‘Resolution Funding Corporation Oper- ting, pursuant to law, the report of a rule en- MESSAGES FROM THE PRESIDENT ations’’ (RIN1505–AA79) received on October titled ‘‘Clean Air Act Final Approval of Op- 12, 2001; to the Committee on Banking, Hous- erating Permits Program; State of Maine’’ Messages from the President of the ing, and Urban Affairs. (FRL7085–5) received on October 12, 2001; to United States were communicated to EC–4466. A communication from the Direc- the Committee on Environment and Public the Senate by Mr. Williams, one of his tor of the Office of Management and Budget, Works. EC–4477. A communication from the Prin- secretaries. Executive Office of the President, transmitting, pursuant to law, the report of the Mid- cipal Deputy Associate Administrator of the f Session Review relative to a supplemental Environmental Protection Agency, transmit- update of the Budget; to the Committees on ting, pursuant to law, the report of a rule en- EXECUTIVE MESSAGES REFERRED Appropriations; and the Budget. titled ‘‘Clean Air Act Full Approval of Oper- As in executive session the Presiding EC–4467. A communication from the Direc- ating Permit Program; District of Colum- tor of the Office of Management and Budget, bia’’ (FRL7085–8) received on October 12, 2001; Officer laid before the Senate messages to the Committee on Environment and Pub- from the President of the United Executive Office of the President, transmitting, pursuant to law, a Cost Estimate report lic Works. States submitting sundry nominations relative to Expedited Payment for Heroic EC–4478. A communication from the Prin- which were referred to the appropriate Public Safety Officers; to the Committee on cipal Deputy Associate Administrator of the committees. the Budget. Environmental Protection Agency, transmit- (The nominations received today are EC–4468. A communication from the Chair- ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- titled ‘‘Criteria for Classification of Solid printed at the end of the Senate pro- Waste Disposal Facilities and Practices and ceedings.) bia, transmitting, pursuant to law, a report on D.C. Act 134, ‘‘Parental Kidnapping Extra- Criteria for Municipal Solid Waste Landfills: f dition Amendment Act of 2001’’; to the Com- Disposal of Residential Lead-Based Paint mittee on Governmental Affairs. Waste’’ (FRL7076–4) received on October 12, MEASURES REFERRED EC–4469. A communication from the Chair- 2001; to the Committee on Environment and man of the Council of the District of Colum- Public Works. The following bills were read the first EC–4479. A communication from the Direc- and the second times by unanimous bia, transmitting, pursuant to law, a report on D.C. Act 14–132, ‘‘National Capital Revi- tor of the Office of Congressional Affairs, Nu- consent, and referred as indicated: talization Corporation Temporary Amend- clear Regulatory Commission, transmitting, H.R. 2277. An act to provide for work au- ment Act of 2001’’; to the Committee on Gov- pursuant to law, the report of a rule entitled thorization for nonimmigrant spouses of ernmental Affairs. ‘‘List of Approved Spent Fuel Storage Casks: treaty traders and treaty investors; to the EC–4470. A communication from the Chair- NAC–UMS Revision’’ (RIN3150–AG77) re- Committee on the Judiciary. man of the Council of the District of Colum- ceived on October 12, 2001; to the Committee H.R. 2278. An act to provide for work au- bia, transmitting, pursuant to law, a report on Environment and Public Works. EC–4480. A communication from the Sec- thorization for nonimmigrant spouses of on D.C. Act 14–133, ‘‘Free Clinic Assistance retary of Defense, transmitting, the report of intracompany transferees, and to reduce the Program Extension Temporary Amendment a retirement; to the Committee on Armed period of time during which certain Act of 2001’’; to the Committee on Govern- Services. intracompany transferees have to be con- mental Affairs. EC–4481. A communication from the Dep- EC–4471. A communication from the Chair- tinuously employed before applying for ad- uty Secretary of Defense, transmitting, pur- man of the Council of the District of Colum- mission to the United States; to the Com- suant to law, a report on Fiscal Year 2001 bia, transmitting, pursuant to law, a report mittee on the Judiciary. Funds Obligated in Support of the Procure- on D.C. Act 135, ‘‘Food Regulation Tem- f ment of a Vaccine for the Biological Agent porary Amendment Act of 2001’’; to the Com- Anthrax; to the Committee on Armed Serv- MEASURES READ THE FIRST TIME mittee on Governmental Affairs. ices. EC–4472. A communication from the Acting The following bill was read the first EC–4482. A communication from the Dep- Chief Operating Officer, United States Safe- uty Secretary of Defense, transmitting, pur- time. ty and Hazardous Investigation Board, trans- suant to law, a report on Portability and H.R. 2646. An act to provide for the con- mitting, pursuant to law, the annual report Reciprocity of TRICARE Prime Benefits; to tinuation of agricultural programs through on the inventory of activities that are not the Committee on Armed Services. fiscal year 2011. inherently governmental for Fiscal Year EC–4483. A communication from the Dep- 2001; to the Committee on Governmental Af- uty Secretary of Defense, transmitting, pur- f fairs. suant to law, a report on Federally Funded EC–4473. A communication from the Prin- Research and Development Center’s EXECUTIVE AND OTHER cipal Deputy Associate Administrator of the COMMUNICATIONS (FFRDC’s) Estimated FY 2002 Staff-years of Environmental Protection Agency, transmit- Technical Effort (SET’s) for Fiscal Year 2002; The following communications were ting, pursuant to law, the report of a rule en- to the Committee on Armed Services. laid before the Senate, together with titled ‘‘Approval and Promulgation of Air EC–4484. A communication from the Sec- accompanying papers, reports, and doc- Quality Implementation Plans and Designa- retary of Defense, transmitting, pursuant to tion of Area for Air Quality Planning Pur- uments, which were referred as indi- law, the semiannual reports regarding the poses; Pennsylvania; Redesignation of Pitts- Department of Defense Pharmacy Benefits cated: burgh-Beaver Valley Ozone Nonattainment Program dated June 2001; to the Committee EC–4462. A communication from the Assist- Area to Attainment and Approval of Mis- on Armed Services. ant Secretary of Land and Minerals Manage- cellaneous’’ (FRL7079–6) received on October EC–4485. A communication from the Dep- ment, Bureau of Land Management, Depart- 12, 2001; to the Committee on Environment uty Secretary of Defense, transmitting, pur- ment of the Interior, transmitting, pursuant and Public Works. suant to law, the report on the Chiropractic

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10769 Health Care Implementation Plan; to the ting, a report on S.1214, the ‘‘Port and Mari- ADDITIONAL COSPONSORS Committee on Armed Services. time Security Act of 2001’’ and S. Rpt. 107-64; EC–4486. A communication from the Dep- to the Committee on Commerce, Science, S. 677 uty Secretary of Defense, transmitting, pur- and Transportation. At the request of Mr. HATCH, the suant to law, a report on Proposed Obliga- f tions for Weapons Destruction and Non-Pro- name of the Senator from Missouri liferation in the Former Soviet Union; re- INTRODUCTION OF BILLS AND (Mrs. CARNAHAN) was added as a co- notification of funds; to the Committee on JOINT RESOLUTIONS sponsor of S. 677, a bill to amend the Armed Services. The following bills and joint resolu- Internal Revenue Code of 1986 to repeal EC–4487. A communication from the Attor- tions were introduced, read the first the required use of certain principal re- ney-Advisor, National Highway Traffic Safe- payments on mortgage subsidy bond fi- ty Administration, Department of Transpor- and second times by unanimous con- tation, transmitting, pursuant to law, the resent, and referred as indicated: nancing to redeem bonds, to modify the purchase price limitation under mort- port of a rule entitled ‘‘Neck Lateral Bend- By Mr. HARKIN (for himself, Mr. ing for 50% Male Side Impact Dummy Hybrid INHOFE, Mr. BAUCUS, Mr. BURNS, Mr. gage subsidy bond rules based on me- III (SID/HIII): Final Rule’’ (RIN2127–AH87) JOHNSON, Mr. HOLLINGS, Mr. dian family income, and for other pur- received on October 11, 2001; to the Com- CLELAND, and Mr. WELLSTONE): poses. mittee on Commerce, Science, and Transpor- S. 1552. A bill to provide for grants through S. 826 tation. the Small Business Administration for losses EC–4488. A communication from the Pro- suffered by general aviation small business At the request of Mrs. LINCOLN, the gram Analyst of the Federal Aviation Ad- concerns as a result of the terrorist attacks name of the Senator from North Da- ministration, Department of Transportation, of September 11, 2001; to the Committee on kota (Mr. DORGAN) was added as a co- transmitting, pursuant to law, the report of Small Business and Entrepreneurship. sponsor of S. 826, a bill to amend title a rule entitled ‘‘Flightcrew Compartment By Mr. HATCH: Access and Door Designs’’ (RIN2120–AH52) re- S. 1553. A bill to amend the Internal Rev- XVIII of the Social Security Act to ceived on October 11, 2001; to the Committee enue Code of 1986 to allow a bonus deduction eliminate cost-sharing under the medi- on Commerce, Science, and Transportation. for depreciable business assets; to the Com- care program for bone mass measure- EC–4489. A communication from the Pro- mittee on Finance. ments. gram Analyst of the Federal Aviation Ad- By Mr. CLELAND: ministration, Department of Transportation, S. 1554. A bill to amend the Internal Rev- S. 847 transmitting, pursuant to law, the report of enue Code of 1986 to provide an increased At the request of Mr. DAYTON, the a rule entitled ‘‘Airworthiness Directives: low-income housing credit for property lo- name of the Senator from Oregon (Mr. Boeing Model 767–200 and 300 Series Air- cated immediately adjacent to qualified cen- planes; request for comment’’ ((RIN2120– sus tracts; to the Committee on Finance. SMITH of Oregon) was added as a co- AA64)(2001–0500)) received on October 11, 2001; By Mrs. FEINSTEIN (for herself, Mr. sponsor of S. 847, a bill to impose tariff- to the Committee on Commerce, Science, LEAHY, and Mr. AKAKA): rate quotas on certain casein and milk and Transportation. S. 1555. A bill to express the policy of the protein concentrates. EC–4490. A communication from the Pro- United States with respect to the adherence gram Analyst of the Federal Aviation Ad- by the United States to global standards in S. 1022 ministration, Department of Transportation, the transfer of small arms and light weap- At the request of Mr. WARNER, the transmitting, pursuant to law, the report of ons, and for other purposes; to the Com- name of the Senator from New Jersey a rule entitled ‘‘Airworthiness Directives: mittee on Foreign Relations. (Mr. CORZINE) was added as a cosponsor Rolls Royce plc RB211 535 Turbofan Engines; By Ms. STABENOW (for herself, Mr. of S. 1022, a bill to amend the Internal request for comments’’ ((RIN2120-AA64)(2001- KYL, Mrs. CLINTON, Mr. SCHUMER, Mr. 0499)) received on October 11, 2001; to the ALLEN, Mr. WARNER, Ms. MIKULSKI, Revenue Code of 1986 to allow Federal Committee on Commerce, Science, and Mrs. BOXER, Mr. DAYTON, Mr. ROCKE- civilian and military retirees to pay Transportation. FELLER, Mr. DASCHLE, Mr. BREAUX, health insurance premiums on a pretax EC–4491. A communication from the Pro- Mrs. CARNAHAN, Mr. NICKLES, Mr. basis and to allow a deduction for gram Analyst of the Federal Aviation Ad- LEVIN, Mr. CORZINE, Mr. KENNEDY, TRICARE supplemental premiums. ministration, Department of Transportation, Mr. JOHNSON, Mr. DORGAN, and Mr. transmitting, pursuant to law, the report of DURBIN): S. 1244 a rule entitled ‘‘Airworthiness Directives: S. 1556. A bill to establish a program to At the request of Mr. KENNEDY, the Raytheon Aircraft Company Beech Models name national and community service 1900, 1900C, and 1900D Airplanes’’ ((RIN2120- projects in honor of victims killed as a result name of the Senator from North Caro- AA64)(2001-0501)) received on October 11, 2001; of the terrorist attacks on September 11, lina (Mr. EDWARDS) was added as a co- to the Committee on Commerce, Science, 2001; to the Committee on Health, Education, sponsor of S. 1244, a bill to amend titles and Transportation. Labor, and Pensions. XIX and XXI of the Social Security Act EC–4492. A communication from the Pro- By Ms. SNOWE: to provide for FamilyCare coverage for gram Analyst of the Federal Aviation Ad- S. 1557. A bill to amend title 49, United parents of enrolled children, and for ministration, transmitting, pursuant to law, States Code, to prohibit the operation of other purposes. the report of a rule entitled ‘‘Airworthiness motor vehicles transporting hazardous mate- Directives: General Electric Company CF34 rials by persons not subjected to a back- S. 1258 3A1, 3B, and 3B1 Turbofan Engines; request ground investigation, and for other purposes; At the request of Mr. DORGAN, the for comments’’ ((RIN2120-AA64)(2001-0502)) re- to the Committee on Commerce, Science, ceived on October 11, 2001; to the Committee and Transportation. name of the Senator from Washington on Commerce, Science, and Transportation. By Mr. SANTORUM (for himself and (Mrs. MURRAY) was added as a cospon- EC–4493. A communication from the Pro- Mr. VOINOVICH): sor of S. 1258, a bill to improve aca- gram Analyst of the Federal Aviation Ad- S. 1558. A bill to provide for the issuance of demic and social outcomes for teenage ministration, Department of Transportation, certificates to social security beneficiaries youth. transmitting, pursuant to law, the report of guaranteeing their right to receive social se- a rule entitled ‘‘Airworthiness Directives: curity benefits under title II of the Social S. 1286 Bell Helicopter Textron Canada Model 206L Security Act in full with an accurate annual At the request of Mrs. CARNAHAN, the 4, 407, and 427 Helicopters; request for com- cost-of-living adjustment; to the Committee name of the Senator from Michigan ments’’ ((RIN2120-AA64)(2001-0503)) received on Finance. (Mr. LEVIN) was added as a cosponsor of on October 11, 2001; to the Committee on f Commerce, Science, and Transportation. S. 1286, a bill to provide for greater ac- EC–4494. A communication from the Pro- SUBMISSION OF CONCURRENT AND cess to child care services for Federal gram Analyst of the Federal Aviation Ad- SENATE RESOLUTIONS employees. ministration, Department of Transportation, The following concurrent resolutions transmitting, pursuant to law, the report of S. 1443 and Senate resolutions were read, and a rule entitled ‘‘Airworthiness Directives: At the request of Mr. MILLER, the referred (or acted upon), as indicated: Airbus Model A330 and A340 Series Air- name of the Senator from Georgia (Mr. planes’’ ((RIN2120-AA64)(2001-0504)) received By Mr. THURMOND: CLELAND) was added as a cosponsor of on October 11, 2001; to the Committee on S.Con.Res. 79. A concurrent resolution ex- Commerce, Science, and Transportation. pressing the sense of Congress that public S. 1443, a bill to amend the Water Re- EC–4495. A communication from the Assist- schools may display the words ‘‘God Bless sources Development Act of 2000 to ant Attorney General, Office of Legislative America’’ as an expression of support for the modify a provision relating to ease- Affairs, Department of Justice, transmit- Nation; to the Committee on the Judiciary. ment prohibitions.

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10770 CONGRESSIONAL RECORD — SENATE October 16, 2001 S. 1499 airline service. Ninety-two percent of deduction for depreciable business as- At the request of Mr. KERRY, the the aircraft registered in the United sets; to the Committee on Finance. name of the Senator from North Da- States are general aviation aircraft. Mr. HATCH. Mr. President, I rise kota (Mr. CONRAD) was added as a co- That includes charter businesses, crop today to introduce legislation designed sponsor of S. 1499, a bill to provide as- dusters, the people who maintain small to help stimulate the economy by cre- sistance to small business concerns ad- noncommercial airports and those that ating a strong incentive for businesses versely impacted by the terrorist at- train future pilots. These businesses to invest immediately in new produc- tacks perpetrated against the United provide jobs for thousands of hard- tive assets. States on September 11, 2001, and for working Americans and many cannot Unfortunately, the evil acts of ter- other purposes. survive much longer without our help. rorists on September 11 did more than S. 1520 Our failure to support general avia- shatter lives, hopes and dreams and de- At the request of Mr. BAYH, the name tion now would deal a severe blow to stroy or damage great buildings in New of the Senator from North Dakota (Mr. the rural economy. Unlike the com- York and Washington. They also DORGAN) was added as a cosponsor of S. mercial airlines, general aviation is caused serious harm to our national, 1520, a bill to assist States in preparing made up largely of small businesses. and even the world’s economies. for, and responding to, biological or Their ability to remain in business While we do not yet know the full ex- chemical terrorist attacks. rests on their ability to fly. A very sig- tent of the havoc brought to the U.S. nificant number of these businesses are economy by the calamities of Sep- S.RES. 140 in danger of not making it through the tember 11, practically all the experts At the request of Mr. ROBERTS, the year without relief. agree that the damage will be signifi- name of the Senator from Nevada (Mr. Over the past month, while visiting cant. Few of them doubt that we are REID) was added as a cosponsor of many of Iowa’s airports to discuss air- now in a recession. Moreover, many of S.Res. 140, a resolution designating the lines safety, I also met with a number the Nation’s leading economists agree week beginning September 15, 2002, as of general aviation operators. For that the Congress and the President ‘‘National Civic Participation Week.’’ many small plane operators, flight re- should move quickly to enact a pack- f strictions lasted far longer than they age of tax cuts and other measures to STATEMENTS ON INTRODUCED did for the big airlines. Indeed, there stimulate the economy and try to pre- BILLS AND JOINT RESOLUTIONS are still some general aviation compa- vent the downturn from becoming a nies near large cities that are still long and deep one. By Mr. HARKIN (for himself, Mr. closed today. For this reason, the bipartisan lead- INHOFE, Mr. BAUCUS, Mr. BURNS, Last week, I spoke with Bill Kyle ership of Congress in both houses, Mr. JOHNSON, Mr. HOLLINGS, Mr. from Charles City, IA who is a small along with the White House, have been CLELAND, and Mr. WELLSTONE): independent operator. From September meeting for weeks in an attempt to de- S. 1552. A bill to provide for grants 11 to September 22, he lost two thou- velop a consensus on what such an eco- through the Small Business Adminis- sand dollars a day. He is still losing nomic stimulus package should in- tration for losses suffered by general $800 dollars every day because his busi- clude. Last Friday, the Committee on aviation small business concerns as a ness is reduced at a similar rate to the Ways and Means of the House of Rep- result of the terrorist attacks of Sep- reductions seen in commercial avia- resentatives approved an initial stim- tember 11, 2001; to the Committee on tion. These are not the type of losses ulus bill. Small Business and Entrepreneurship. that a small business like Bill Kyle’s While it appears evident to me that Mr. HARKIN. Mr. President, I rise can survive, not without some assist- it will be difficult for everyone in both today on behalf of Senator INHOFE, ance. parties and in both houses to agree on Senator BAUCUS, Senator BURNS, Sen- The legislation we are introducing the proper content of the economic ator JOHNSON, Senator HOLLINGS and today will provide small general avia- stimulus package, there are some guid- myself, to introduce the General Avia- tion businesses with grants to make up ing principles for the package on which tion Assistance Act. This legislation for their actual losses from September most seem to agree. First, and almost would provide assistance in the form of 11 through the end of the year. The pro- by definition, the stimulus package Small Business Administration grants, gram would be administered by the should provide a strong incentive for helping to support an essential part of Small Business Administration which players in the economy to take action our aviation industry at a very critical would make sure that the amount of they would not ordinarily take. Sec- time. assistance provided was fairly deter- ond, such an incentive should cause the When many of the large passenger mined. Grants could be as much as $6 desired action to occur quickly, when airlines were in trouble, we knew we million, although, of course, the vast it will be of the most good to the econ- had to act quickly to support this vital majority would be far less. omy. Finally, the stimulus should be industry. When the planes were We must act. This assistance could temporary, and not cause a large long- grounded following the September 11 be the difference between a general term effect on the Federal budget, attacks, many airlines were in a pre- aviation business taking off or being which could lead to an increase in in- carious position. grounded permanently. terest rates. The situation in the general aviation A number of my colleagues are work- It may be that there are many spe- industry is equally, if not more, precar- ing to assist small business to recover cific tax law changes that meet these ious. And the services general aviation from this tragedy. I am sure that many guiding principles. Some have sug- businesses provide are no less critical have been hearing from their constitu- gested another round of tax rebate to our economy. ents about this issue. So, I am sure checks, but designated only for those In Iowa and in many rural States, they know that few small businesses who were not able to participate in the commercial service is very limited. have been impacted as dramatically as advance tax cut Congress passed in Without general aviation, traveling by the hard-working people in general May of this year. Others are proposing air means driving for hours to reach a aviation. the acceleration of the income tax rate small commercial airport that offers I am committed to getting general cuts that were included in that same few flights, often at inconvenient aviation back on track. It is important tax bill that are presently scheduled to times. That is not a workable situation to these small businesses. It is impor- take effect in future years. Still others for most businesses. Many could not lo- tant to the people they employ. And it insist that the stimulus package in- cate to rural America without general is important to the rural economy as a clude new spending on our infrastruc- aviation services. whole. I ask my colleagues to join me ture or relief to ailing industries and to The general aviation industry is in support of this legislation. displaced employees. made up of a number of small business. In the end, the economic stimulus It operates at more than 5,300 public By Mr. HATCH: package signed into law will probably use airports nationwide, compared to S. 1553. A bill to amend the Internal contain a combination of several of the 650 airports in the nation that have Revenue Code of 1986 to allow a bonus these ideas. Our political process will

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10771 require us to reach some kind of con- depreciation for certain business as- stimulus package of an enhanced de- sensus, which means some of this idea sets. However, that bill allows the pur- preciation provision. A number of and some of that idea will have to be chaser to take almost 3 years to decide Democrats and Republicans have also included. to buy a new asset, then allows another spoken out in support of this idea. And, Knowing that the stimulus package several months to place the property as I mentioned, the Ways and Means will be a collage of ideas, I believe it is into service. With all respect to my Committee included a version of bonus important that it include a core provi- colleagues on the Ways and Means depreciation in the bill it passed last sion that almost everyone seems to Committee, I believe the window of op- week. Bonus depreciation is a solid agree meets the criteria of true eco- portunity for the enhanced deduction economic stimulus idea. In crafting a nomic stimulus, a strong inducement created by that bill is too long. It does consensus package, I urge my col- for businesses to invest in productive not instill the sense of urgency that I leagues to include a depreciation provi- assets. The purpose of the bill I intro- believe is needed to truly create a sig- sion that packs a punch by offering the duce today is to put before the Senate nificant stimulus. promise of a large deduction for ac- a bold plan that I believe would accom- It is important to note that my bill tions taken in a relatively short time plish this goal. also applies to more types of business frame. I believe the legislation I intro- The Economic Stimulus Through property than does the Ways and duce today fits the bill nicely, and I Bonus Depreciation Act of 2001 would Means bill. The bill passed by the Ways urge its consideration. provide businesses throughout America and Means Committee would generally I ask unanimous consent that the a very strong, but short-term, incen- provide for an enhanced depreciation text of the bill be printed in the tive to purchase business assets and deduction for depreciable property RECORD. put them to work over the next few with a recovery period of 20 years or There being no objection, the bill was months. A strong and concentrated less, except for leasehold improve- ordered to be printed in the RECORD, as surge in capital spending by U.S. busi- ments. The bill I am introducing today follows: nesses would provide a tremendous would apply to all types of depreciable S. 1553 shot in the arm to our economy, as property, including leasehold improve- Be it enacted by the Senate and House of Rep- present inventories become depleted ments and depreciable real estate. resentatives of the United States of America in and manufacturers scramble to keep up As a practical matter, I realize that Congress assembled, with the new demand. many real estate projects, as well as SECTION 1. SHORT TITLE. Specifically, my bill would provide a many larger build-to-order equipment This Act may be cited as the ‘‘Economic 50-percent bonus depreciation deduc- projects, take longer than a year to Stimulus Through Bonus Depreciation Act of tion for business assets purchased after build and place in service. However, it 2001’’. September 10, 2001, and before July 1, is also true that many larger and cost- SEC. 2. BONUS DEPRECIATION ALLOWANCE FOR CERTAIN BUSINESS ASSETS. 2002, and placed in service before Janu- ly projects can be built within the time (a) IN GENERAL.—Section 168 of the Inter- ary 1, 2003. This means that businesses constraints of this bill, especially if nal Revenue Code of 1986 (relating to acceler- that want to take advantage of this there is a concerted attempt to do so. ated cost recovery system) is amended by strong incentive, which generally pro- I believe that the short time frame of adding at the end the following: vides more than twice the first year de- my bill would induce many companies ‘‘(k) BONUS ALLOWANCE FOR CERTAIN BUSI- duction than is allowed under current to act much more quickly than they NESS ASSETS.— law, would have to act quickly and otherwise would, in order to get busi- ‘‘(1) IN GENERAL.—In the case of any quali- order the new business assets by next ness assets ordered and built in time to fied property— ‘‘(A) the depreciation deduction provided June 30, and take delivery by next De- qualify for the bonus depreciation. This by section 167(a) for the taxable year in cember 31. is where the economic stimulus power which such property is placed in service shall For example, suppose a business of this bill comes into play. The more be an amount equal to 50 percent of the ad- needed a new delivery truck that cost effort that is made to get real estate justed basis of the qualified property, and $50,000. Under current law, most trucks projects finished, or to get equipment ‘‘(B) subject to paragraph (2), the amount are considered 5-year property, and are ordered, delivered, and placed in serv- otherwise allowable as a depreciation deduc- generally depreciated over a 5-year pe- ice in time to meet the deadlines of tion under this chapter for any subsequent riod. If the business purchased the this bill, the more economic stimulus taxable year shall be computed in the same manner as if this subsection had not been en- truck in 2002, the current-law deprecia- is created. acted. Moreover, I believe this bill meets tion deduction for the first year would ‘‘(2) ADJUSTED BASIS.—The aggregate de- be $10,000. In other words, the business the three guiding principles I men- duction allowed under this section for tax- would be able to write off one-fifth of tioned earlier. First, it provides a able years described in paragraph (1)(B) with the cost of the truck in the year of pur- strong incentive for businesses to take respect to any qualified property shall not chase. stimulative action they would not oth- exceed the adjusted basis of such property Under my bill, that same business erwise take, in this case to purchase reduced by the amount of the deduction al- would be allowed a 50-percent first-year assets by June 30, 2002, in order to reap lowed under paragraph (1)(A). depreciation deduction, rather than the a significant tax savings. Second, be- ‘‘(3) QUALIFIED PROPERTY.—For purposes of this subsection— cause of the short deadline, this action 20 percent. So, instead of a deduction of ‘‘(A) IN GENERAL.—The term ‘qualified $10,000 in 2002, the business would be al- will take place right away, when eco- property’ means property— lowed to deduct $25,000 of the cost of nomic stimulus is really needed. Fi- ‘‘(i)(I) to which this section applies, or the truck in the first year. This is a nally, the bill raises few risks of rais- ‘‘(II) which is computer software (as de- significant difference, and it should be ing interest rates. Depreciation is a fined in section 167(f)(1)(B)) for which a de- enough of a difference to change behav- form of cost recovery over a period of duction is allowable under section 167(a) ior when coupled with a short window time. Because our tax code allows the without regard to this subsection, of opportunity. cost of assets to be recovered over ‘‘(ii) the original use of which commences with the taxpayer on or after September 11, The short time frame is a key to the time, a speed-up of the time of recov- 2001, success of a stimulus promotion bill ery has few long-term costs to the Fed- ‘‘(iii) which is— like this one. My bill would require eral budget. So, allowing businesses to ‘‘(I) acquired by the taxpayer on or after that a business make a decision and write off a larger portion of the cost of September 11, 2001, and before July 1, 2002, enter into a contract to purchase a new assets for a short time period has a but only if no written binding contract for asset by next June 30, and then take negative effect on the Treasury in the the acquisition was in effect before Sep- delivery on the property by December first two or three years, but begins to tember 11, 2001, or 31, 2002. reverse itself afterward. Thus, much of ‘‘(II) acquired by the taxpayer pursuant to I will note that the economic stim- a written binding contract which was en- the early year costs of my bill will be tered into on or after September 11, 2001, and ulus bill approved by the House Ways fully reversed within the 10-year budg- before July 1, 2002, and and Means Committee last week in- et window. ‘‘(iv) which is placed in service by the tax- cludes a somewhat similar provision, President Bush has indicated his sup- payer before January 1, 2003. one that provides for 30 percent extra port for the inclusion in the economic ‘‘(B) EXCEPTIONS.—

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10772 CONGRESSIONAL RECORD — SENATE October 16, 2001 ‘‘(i) ALTERNATIVE DEPRECIATION PROP- global standards in the transfer of stability and endanger the spread of de- ERTY.—The term ‘qualified property’ shall small arms and light weapons and for mocracy and free markets around the not include any property to which the alter- other purposes; to the Committee on world. native depreciation system under subsection Foreign Relations. Clearly this is a huge problem, with (g) applies, determined— profound implications for U.S. security ‘‘(I) without regard to paragraph (7) of sub- Mrs. FEINSTEIN. Mr. President, I section (g) (relating to election to have sys- rise today to introduce the Security interests. tem apply), and and Fair Enforcement in Arms Traf- I strongly believe that the U.S. Gov- ‘‘(II) after application of section 280F(b) ficking Act of 2001, cosponsored by Sen- ernment must take the lead in the (relating to listed property with limited ators LEAHY and AKAKA. international community in addressing business use). Small arms and light weapons, such this issue. It is in the United States na- ‘‘(ii) ELECTION OUT.—If a taxpayer makes as assault rifles, machine guns, gre- tional interest to promote responsi- an election under this clause with respect to nades, and portable launchers of anti- bility and restraint in the transfer of any class of property for any taxable year, aircraft missile systems, are the weap- small arms and light weapons; to com- this subsection shall not apply to all property in such class placed in service during ons of choice for terrorists and their bat irresponsible practices in such such taxable year. friends, and I fully believe that U.S. transfers, to ensure that nations en- ‘‘(iii) REPAIRED OR RECONSTRUCTED PROP- leadership is needed to stem the global gaged in substandard practices are held ERTY.—Except as otherwise provided in regu- torrent of illicit arms. All too often accountable; to encourage other mem- lations, the term ‘qualified property’ shall these arms fall into the hands of ter- bers of the international community to not include any repaired or reconstructed rorists, drug cartels, and violent rebel- meet, as minimum standards U.S. law property. lions. Curbing the proliferation of and practices; take strong action to ne- ‘‘(C) SPECIAL RULES RELATING TO ORIGINAL these weapons must be a vital compo- gotiate and support making the traf- USE.— ficking of small arms traceable; bolster ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the nent of our efforts to combat inter- case of a taxpayer manufacturing, con- national terrorism. rules governing arms brokers; and structing, or producing property for the tax- The rise of the Taliban in Afghani- eliminate the secrecy that permits mil- payer’s own use, the requirements of clause stan, in fact, is due in no small part to lions of these weapons to circulate il- (ii) of subparagraph (A) shall be treated as the ready availability of these weapons licitly around the globe, fueling crime met if the taxpayer begins manufacturing, in that war torn country, and Afghani- and war. constructing, or producing the property on stan clearly demonstrates how a coun- As a matter of fact, as a major sup- or after September 11, 2001, and before Janu- try can become a threat to regional plier country in the legal arms trade, ary 1, 2003. and global security if it is flooded with the United States has a special obliga- ‘‘(ii) SALE-LEASEBACKS.—For purposes of subparagraph (A)(i), if property— small arms and light weapons. The tion to promote responsible practices ‘‘(I) is originally placed in service on or Taliban and the al Qaeda network were in the transfer of these weapons. after September 11, 2001, by a person, and able to gather more than 10 million That is what the Security and Fair ‘‘(II) is sold and leased back by such person small arms and light weapons from a Enforcement in Arms Trafficking Act within 3 months after the date such property variety of sources over the past decade, of 2001 aims to do. It: Affirms U.S. pol- was originally placed in service, including AK–47s, hand grenades, and icy to maintain the highest standards such property shall be treated as originally Stinger missiles. Today the United for the management and transfer of placed in service not earlier than the date on States and its allies are faced with small arms and light weapons exports, which such property is used under the lease- these very weapons as we move forward and that it is U.S. policy to refrain back referred to in subclause (II). with Operation Enduring Freedom. from exports that could be used in in- ‘‘(D) COORDINATION WITH SECTION 280F.—For ternal repression, human rights abuses purposes of section 280F— The global networks of terrorism are and international aggression; enforces ‘‘(i) AUTOMOBILES.—In the case of a pas- clearly linked to the networks of the senger automobile (as defined in section illicit arms trade and to the states that the ban in international commercial 280F(d)(5)) which is qualified equipment, the harbor terrorists, and terrorists around transfers of military-style assault Secretary shall increase the limitation the globe also utilize the intertwined weapons and, improves end-use moni- under section 280F(a)(1)(A)(i), and decrease global networks of the illegal arms toring of U.S. arms transfers; urges the each other limitation under subparagraphs trade and the drug trade to generate fi- administration to enter into negotia- (A) and (B) of section 280F(a)(1), to appro- nancial resources for their destructive tions with the European Union and priately reflect the amount of the deduction NATO member states, as well as other allowable under paragraph (1). and threatening activities. members of the international commu- ‘‘(ii) LISTED PROPERTY.—The deduction al- As I have previously discussed on the lowable under paragraph (1) shall be taken floor, the global proliferation of small nity to bring our allies into compliance into account in computing any recapture arms and light weapons is a staggering with U.S. law and standards for the ex- amount under section 280F(b)(2). problem. port and transfer of military-style as- ‘‘(4) APPLICABLE CONVENTION.—Subsection An estimated 500 million illicit small sault weapons as well as on such crit- (d)(3) shall not apply in determining the ap- arms and light weapons are in circula- ical issues as marking and tracing of plicable convention with respect to qualified tion around the globe. small arms and light weapons, rules property.’’. governing the conduct of arms brokers, (b) ALLOWANCE AGAINST ALTERNATIVE MIN- In the past decade, an estimated 4 IMUM TAX.— million people have been killed in civil and the enforcement of arms embar- (1) IN GENERAL.—Section 56(a)(1)(A) of the war and bloody fighting. Nine out of goes; calls on the administration to es- Internal Revenue Code of 1986 (relating to de- ten of these deaths are attributed to tablish a U.S.-EU Coordinating Group preciation adjustment for alternative min- small arms and light weapons. on Small Arms, and to work to and im- imum tax) is amended by adding at the end The sheer volume of available weap- plement and advance the Program of the following: onry has been a major factor in the Action of the United Nations Con- ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN devastation witnessed in recent conference on the Illicit Trade in Small BUSINESS ASSETS.—The deduction under section 168(k) shall be allowed.’’. flicts in Angola, Cambodia, Liberia, Arms and Light Weapons in All its As- (2) CONFORMING AMENDMENT.—Clause (i) of Mozambique, Rwanda, Sierra Leone, pects; improves the transparency of section 56(a)(1)(A) of such Code is amended Somalia, Sri Lanka, and Kosovo, U.S. transfers in small arms and light by inserting ‘‘or (iii)’’ after ‘‘(ii)’’. among others, as well as the violence weapons, and requires the establish- (c) EFFECTIVE DATE.—The amendments endemic to narco-trafficking. ment of a registry of all U.S. firearm made by this section shall apply to property The increased access by terrorists, exports; and, encourages all states that placed in service on or after September 11, guerrilla groups, criminals, and others have not done so to ratify the OAS con- 2001, in taxable years ending on or after such date. to small arms and light weapons poses vention on small arms and light weap- a real threat to U.S. forces overseas. ons. By Mrs. FEINSTEIN (for herself, For the United States, as we now en- And let me be clear: This legislation Mr. LEAHY, and Mr. AKAKA): gage in the war on terrorism, this issue does not interfere with legitimate and S. 1555. A bill to express the policy of is a very real force protection issue. responsible transfers of small arms or the United States with respect to the The conflicts fueled by small arms the lawful ownership and use of guns in adherence by the United States to and light weapons undermine regional the United States.

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10773 The United States needs to push hard poration for National Service. Once the ‘‘(B) compile a list that specifies, for each to improve the international standards bill has passed, applications and proce- individual that the Foundation determines and the application of legally binding dures will be posted on the founda- to be such a victim, the name of the victim agreements to stem the illicit trade in tion’s web page. and the State in which the victim resided. ‘‘(2) IDENTIFIED PROJECTS.—The Foundation these weapons. Fighting the prolifera- In the meantime, I urge people to shall identify approximately the estimated tion of small arms is critical to our ef- meet with their neighbors, or cowork- number of community-based national and forts to combat terrorism, narco-traf- ers, or fellow church members to start community service projects that meet the ficking, international organized crime, identifying projects that would make requirements of subsection (d). The Founda- regional and local war. fitting memorials to the victims of the tion shall name each identified project in I believe that combating the pro- attack of September 11. honor of a victim described in subsection liferation of small arms and light It could be cleaning or creating a (b)(1)(A), after obtaining the permission of weapons is a critical element of the park, adopting a school and mentoring an appropriate member of the victim’s family and the entity carrying out the project. fight against terrorism, and I look for- students, creating a meals program for the homeless, or just about anything ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to ward to working with my colleagues in have a project named under this section, the the Senate and with the administra- that would do honor to the memories entity carrying out the project shall be a po- tion to pass the Security and Fair En- of those who died on September 11. litical subdivision of a State, a business, or forcement in Arms Trafficking Act of The Thousand Points of Light Foun- a nonprofit organization (which may be a re- 2001. dation will track each project’s ligious organization, such as a Christian, progress on their web page. Jewish, or Muslim organization). By Ms. STABENOW (for herself, The only rule would be that qualified ‘‘(d) PROJECTS.—The Foundation shall Mr. KYL, Mrs. CLINTON, Mr. projects should be started by Sep- name, under this section, projects— SCHUMER, Mr. ALLEN, Mr. WAR- tember 11, 2002. ‘‘(1) that advance the goals of unity, and improving the quality of life in commu- NER, Ms. MIKULSKI, Mrs. BOXER, Then on that day—as all over Amer- ica we gather to grieve over the first nities; and Mr. DAYTON, Mr. ROCKEFELLER, ‘‘(2) that will be planned, or for which im- Mr. DASCHLE, Mr. BREAUX, Mrs. anniversary of the attack that enraged plementation will begin, within a reasonable CARNAHAN, Mr. NICKLES, Mr. the world—we’ll also be able to look period after the date of enactment of the LEVIN, Mr. CORZINE, Mr. KEN- over thousands and thousands of self- Unity in Service to America Act, as deter- NEDY, Mr. JOHNSON, Mr. DOR- less acts that made our world better. mined by the Foundation. GAN, and Mr. DURBIN): In our sadness, we can create 6,000 ‘‘(e) WEBSITE AND DATABASE.—The Founda- S. 1556. A bill to establish a program points of life across our Nation. And we tion shall create and maintain websites and to name national and community serv- will show the world that our resolve databases, to describe projects named under ice projects in honor of victims killed was not fleeting, or our memories not this section and serve as appropriate vehicles for recognizing the projects.’’. as a result of the terrorist attacks on short. They will see Unity in the Spirit of September 11, 2001; to the Committee By Mr. SANTORUM (for himself on Health, Education, Labor, and Pen- America. and Mr. VOINOVICH): sions. And what could bring more fitting S. 1558. A bill to provide for the Ms. STABENOW. Mr. President, we honor to all those innocents we lost. issuance of certificates to social secu- all witnessed a great national tragedy I am also pleased that this bipartisan rity beneficiaries guaranteeing their on September 11. While the deaths and legislation enjoys the support of the right to receive social security benefits damage occurred in New York, Wash- Senators from New York, Mr. SCHUMER under title II of the Social Security ington, and the fields of Pennsylvania, and Mrs. CLINTON, and the Senators Act in full with an accurate annual a piece of all of us died that day. from Virginia, Senators WARNER and cost-of-living adjustment; to the Com- Many people came up to me in the ALLEN. mittee on Finance. weeks after the attack and asked: I ask unanimous consent that the ‘‘What can I do? I’ve given blood. I’ve text of the bill be printed in the Mr. SANTORUM. Mr. President, donated to relief efforts. But I want to RECORD. today I am pleased to join with my col- do more.’’ There being no objection, the bill was league, Senator GEORGE VOINOVICH of We all shared in the horror. Now ev- ordered to be printed in the RECORD, as Ohio, in introducing the Social Secu- eryone wants to share in the healing. follows: rity Benefits Guarantee Act, legisla- But how? S. 1556 tion aimed at conferring upon current Then a constituent of mine, Bob Van Be it enacted by the Senate and House of Rep- Social Security beneficiaries an ex- Oosterhout, wrote me with an idea. resentatives of the United States of America in plicit property right to their benefits. Why not have the Federal Government Congress assembled, As the President’s Commission to devise a program that would encourage SECTION 1. SHORT TITLE. Strengthen Social Security and Con- This Act may be cited as the ‘‘Unity in communities throughout the Nation to gress continue to consider options Service to America Act’’ or the ‘‘USA Act’’. about how best to put our most vital create something that would honor the SEC. 2. PROJECTS HONORING VICTIMS OF TER- memory of one of the victims lost in RORIST ATTACKS. social program on sound financial foot- the attack? Together these local me- The National and Community Service Act ing, it is increasingly important to as- morials to honor individuals would dot of 1990 (42 U.S.C. 12501 et seq.) is amended by sure today’s beneficiaries that they are our Nation and collectively honor all inserting before title V the following: not going to be adversely affected by those lost in the attack. ‘‘TITLE IV—PROJECTS HONORING any reform proposal that Congress may What could be simpler? Or more mov- VICTIMS OF TERRORIST ATTACKS ultimately enact into law. ing? ‘‘SEC. 401. PROJECTS. Although reasonable people can dis- From that idea came the Unity in ‘‘(a) DEFINITION.—In this section, the term agree about how best to restore Social the Spirit of America Act, which I am ‘Foundation’ means the Points of Light Security to a path of long-term sol- introducing today along with my dis- Foundation funded under section 301, or an- vency, philosophical or political other nonprofit private organization, that leanings should not obstruct us from tinguished colleague Senator KYL. enters into an agreement with the Corpora- Here’s how it would work: Commu- tion to carry out this section. meeting our moral obligation to pre- nities, it could be as small as a neigh- ‘‘(b) IDENTIFICATION OF PROJECTS.— serve and protect the benefits of cur- borhood block, or nonprofit organiza- ‘‘(1) ESTIMATED NUMBER.—Not later than rent beneficiaries. tions, houses of worship, businesses, or December 1, 2001, the Foundation, after ob- Both basic fairness and practicality local governments would choose some taining the guidance of the heads of appro- dictate that individuals and families kind of project that would unite them priate Federal agencies, such as the Director who are currently receiving Social Se- and their community. of the Office of Homeland Security and the curity benefits should not be expected Attorney General, shall— Applications and the assigning of ‘‘(A) make an estimate of the number of to adapt to any of the steps necessary names for each project will be handled victims killed as a result of the terrorist at- to shore up Social Security’s long- by the Thousand Points of Light Foun- tacks on September 11, 2001 (referred to in range financial health. Indeed, Presi- dation in conjunction with the Cor- this section as the ‘estimated number’); and dent Bush outlined as his very first

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10774 CONGRESSIONAL RECORD — SENATE October 16, 2001 principle in the creation of the present vidual who is determined by the Commis- One such patriotic song is ‘‘God Bless Commission that ‘‘Modernization must sioner of Social Security as of the date of the America,’’ which was written during not change Social Security benefits for issuance of the certificate to be entitled to World War I and became part of Amer- retirees or near-retirees.’’ benefits under title II of the Social Security ican life. Members of Congress sponta- Act (42 U.S.C. 401 et seq.). The Secretary No matter what reform plan Congress shall also issue such a certificate to any in- neously sang it on the steps of the Cap- may consider, one of the more produc- dividual on the date such individual is deter- itol the night of the attacks, and it has tive interim steps we can undertake is mined thereafter to be entitled to benefits been played countless times across the to create an environment where con- under such title. country in recent weeks. structive, bipartisan policy options can (b) BENEFIT GUARANTEE CERTIFICATE.—The The outpouring of unity and love be pursued. Toward this end, I believe benefit guarantee certificate issued pursuant that our Nation has expressed is inspir- that it is important to remove the to subsection (a) shall represent a legally ening. It is truly a fitting response to the ‘‘demagoguery factor’’ from the Social forceable guarantee— terrorists. After all, their goal was to (1) of the timely payment of the full tear us apart, but what they have actu- Security reform discussion by ensuring amount of future benefit payments to which seniors that they receive every cent the individual is entitled under title II of the ally done is bring us together. that the government has promised Social Security Act (as determined under One small expression of unity came them, including an accurate annual such title as in effect on the date of the from Breen Elementary School in cost-of-living increase. That is why we issuance of the certificate); and Rocklin, California, which posted the are introducing the Social Security (2) that the benefits will be adjusted there- phrase ‘‘God Bless America’’ on a mar- Benefits Guarantee Act today. after not less frequently than annually to quee in front of the school. Unfortunately, current law affords no the extent prescribed in provisions of such Given the patriotism all across our title (as in effect on the date of the issuance such protection for our nation’s elder- country, this small expression of re- of the certificate) providing for accurate ad- solve would not seem to be news- ly. In the Supreme Court’s 1960 deci- justments based on indices reflecting sion Flemming v. Nestor, 363 U.S. 603, the worthy. After all, these words are part changes in consumer prices as determined by of the history and fabric of our coun- Court held that Americans have no the Bureau of Labor Statistics or changes in property right to their Social Security wages as determined by the Commissioner of try. These words demonstrate the spir- benefits, and that Congress has the Social Security. it of America. Unfortunately, there are a few who power to change Social Security bene- (c) OBLIGATION TO PROVIDE PAYMENTS AS UARANTEED do not agree, and do not support Breen fits at any time. One unfortunate by- G .—Any certificate issued under the authority of this section constitutes Elementary’s display of patriotism. product of this case law is that current budget authority in advance of appropria- The American Civil Liberties Union beneficiaries have fallen victim to tions Acts and represents the obligation of has demanded that the school remove scare tactics from politicians, interest the Federal Government to provide for the the slogan, saying that the school is groups and others stating or implying payment to the individual to whom the cer- clearly violating the Constitution. It tificate is issued benefits under title II of the that sustainable long-term Social Se- even referred to the display of ‘‘God curity reform will lead to a reduction Social Security Act (42 U.S.C. 401 et seq.) in amounts in accordance with the guarantee Bless America’’ as ‘‘hurtful’’ and ‘‘divi- or endangerment of their benefits. sive.’’ Social Security reform is too impor- set forth in the certificate. f To say that ‘‘God Bless America’’ is tant to working Americans to allow ‘‘hurtful’’ and ‘‘divisive’’ is absolutely short-term political demagoguery to STATEMENTS ON SUBMITTED ridiculous. The phrase is also in no way drown out serious bipartisan efforts to RESOLUTIONS unconstitutional. I have disagreed with put our most vital social program on the ACLU many times over the years, sound fiscal and actuarial footing. By but their response here is even hard for SENATE CONCURRENT RESOLU- passing an explicit property right to me to believe. It simply wrong for the TION 79—EXPRESSING THE Social Security benefits for those eligi- ACLU to try to bully this school into SENSE OF CONGRESS THAT PUB- ble for and receiving benefits, Congress supporting its extreme interpretation LIC SCHOOLS MAY DISPLAY THE can assure seniors that their benefits of the Constitution. will be protected and focus the reform WORDS ‘‘GOD BLESS AMERICA’’ Fortunately, the school is not intimi- discussion on the future, where it be- AS AN EXPRESSION OF SUPPORT dated. Rocklin Unified School District longs, and how we can best preserve FOR THE NATION Superintendent Kevin Brown has made Social Security’s financial dependence Mr. THURMOND submitted the fol- it plain that the school is standing at a cost that future generations can lowing concurrent resolution, which firm in its decision to keep ‘‘God Bless bear. was referred to the Committee on the America’’ posted. It is a decision that In closing, it is my sincere hope that Judiciary: is principled, appropriate, and entirely our colleagues will join Senator VOINO- S. CON. RES. 79 in keeping with the Constitution. We VICH and me in supporting this com- Resolved, by the Senate (the House of Rep- all should be proud of the school for monsense legislation to provide Amer- resentatives concurring), That it is the sense taking this courageous stand. ica’s seniors peace of mind during the of Congress that it is consistent with the Simply put, the ACLU has no support inevitable policy challenges that lie Constitution for public schools to display the in the law for its position. While there ahead for Social Security’s financing. words ‘‘God Bless America’’ as an expression does not appear to be any Federal cases I again thank Senator VOINOVICH for of support for the Nation. ruling on the phrase ‘‘God Bless Amer- working with me in this effort, and ask Mr. THURMOND. Mr. President, I ica,’’ various challenges have been unanimous consent that the text of the rise today to introduce a resolution made to a similar slogan, ‘‘In God We bill be printed in the RECORD. that would demonstrate the support of Trust.’’ The Ninth Circuit Court of Ap- There being no objection, the bill was Congress for the renewed public patri- peals, arguably the most liberal federal ordered to be printed in the RECORD, as otism in our country. It would express appeals court, held in Aronow v. United follows: the sense of the Congress that public States that the use of this phrase on S. 1558 schools should be free to post the currency and as the national motto Be it enacted by the Senate and House of Rep- phrase ‘‘God Bless America’’ without does not violate the establishment resentatives of the United States of America in the misguided fear that it is illegal and clause of the Constitution. The court Congress assembled, violates the Constitution. said, ‘‘Its use is of a patriotic or cere- SECTION 1. SHORT TITLE. In response to the terrorist attacks monial character and bears no true re- This Act may be cited as ‘‘The Social Secu- of September 11, the patriotism of the semblance to a governmental sponsor- rity Benefits Guarantee Act of 2001’’. American people can be seen every- ship of a religious exercise.’’ It also SEC. 2. GUARANTEE OF FULL SOCIAL SECURITY where. The American flag is being said that ‘‘it is quite obvious’’ that the BENEFITS WITH ACCURATE ANNUAL flown all across our country, from COST-OF-LIVING ADJUSTMENT. phrase ‘‘has nothing whatsoever to do (a) IN GENERAL.—Not later than 90 days homes and cars to schools and playing with the establishment of religion.’’ after the date of the enactment of this Act, fields. Patriotic songs are being sung While the ninth circuit is the most the Secretary of the Treasury shall issue a with a renewed enthusiasm at all pub- relevant here because the school is lo- benefit guarantee certificate to each indi- lic places. cated in California, other circuit courts

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10775 have reached the same conclusion. The NOTICES OF HEARINGS/MEETINGS health and terrorism; and the nomina- tenth circuit explained in Gaylor v. COMMITTEE ON AGRICULTURE, NUTRITION, AND tion of Jean Scalia to be Solicitor Gen- United States that the national motto FORESTRY eral of the Department of Labor. ‘‘through historical usage and ubiquity Mr. HARKIN. Mr. President, I would The PRESIDING OFFICER. Without cannot be reasonably understood to like to announce that the Committee objection, it is so ordered. convey government approval of reli- on Agriculture, Nutrition, and For- COMMITTEE ON SMALL BUSINESS gious belief.’’ In cases such as Lynch v. estry will conduct a business meeting Mr. DORGAN. Mr. President, I ask Donnelly, the Supreme Court has indi- on October 18, 2001, in SR–328A at 11 unanimous consent that the Com- cated its approval of these rulings. a.m. The purpose of this business meet- mittee on Small Business and Entre- Even Justice William Brennan, one of ing will be to discuss the new Federal preneurship be authorized to meet dur- the most liberal Supreme Court Jus- farm bill. ing the session of the Senate for a con- tices of the modern era and one of the f firmation hearing on the nomination of most strident advocates for the separa- Thomas M. Sullivan to be Chief Coun- tion of church and state, even indi- AUTHORITY FOR COMMITTEES TO sel for Advocacy at the U.S. Small cated his support for this view, saying MEET Business Administration on Tuesday, that Americans have ‘‘simply inter- COMMITTEE ON BANKING, HOUSING, AND URBAN October 16, 2001, beginning at 10:15 woven the motto so deeply into the AFFAIRS a.m., in room 428A of the Russell Sen- fabric of our civil polity’’ as to elimi- Dr. DORGAN. Mr. President, I ask ate Office Building. nate constitutional problems. unanimous consent that the Com- The PRESIDING OFFICER. Without The same reasoning applies to Breen mittee on Banking, Housing, and objection, it is so ordered. Elementary’s use of ‘‘God Bless Amer- Urban Affairs be authorized to meet COMMITTEE ON VETERANS’ AFFAIRS ica.’’ Both of these phrases show the during the session of the Senate on important role that religion plays in Mr. DORGAN. Mr. President, I ask Tuesday, October 16, 2001, To conduct a America, but they are not an establish- unanimous consent that the Com- hearing on ‘‘The Failure of Superior ment of religion or endorsement of re- mittee on Veterans’ Affairs be author- Bank, FSB, Hinsdale, Illinois.’’ ligious belief. ized to meet during the session of the It is also significant that even when The PRESIDING OFFICER. Without Senate on Tuesday, October 16, 2001, for the Supreme Court ruled that orga- objection, it is so ordered. a hearing on the Department of Vet- nized prayer in public schools was un- COMMITTEE ON ENVIRONMENT AND PUBLIC erans Affairs’ Fourth Mission: Caring constitutional in Engel v. Vitale, it WORKS for Veterans, Servicemembers, and the made it clear that the case did not Mr. DORGAN. Mr. President, I ask Public Following Conflicts and Crises. apply to patriotic or ceremonial an- unanimous consent that the Com- The meeting will take place in room thems that refer to God. While I have mittee on Environment and Public 418 of the Russell Senate Office Build- always viewed this case as misguided, Works be authorized to meet on Tues- ing at 2:30 p.m. and have for years introduced a con- day, October 16, 2001, at 10 a.m., to con- The PRESIDING OFFICER. Without stitutional amendment to reverse it, duct a hearing to review the Federal objection, it is so ordered. even this case supports Breen Elemen- Emergency Management Agency’s re- SUBCOMMITTEE ON COMMUNICATIONS tary School. sponse to the September 11, 2001, at- Mr. DORGAN. Mr. President, I ask The fact is that religion is central to tacks on the Pentagon and the World unanimous consent that the Sub- our culture and our patriotic identity Trade Center. The hearing will be held committee on Communications of the as a nation. As the Supreme Court said in SD–406. Committee on Commerce, Science, and in Lynch v. Donnelly, there is an ‘‘an The PRESIDING OFFICER. Without Transportation be authorized to meet unbroken history of official acknowl- objection, it is so ordered. on Tuesday, October 16, 2001, at 10 a.m., edgement by all three branches of gov- COMMITTEE ON GOVERNMENTAL AFFAIRS on Emergency 911. ernment of the role of religion in Mr. DORGAN. Mr. President, I ask The PRESIDING OFFICER. Without American life.’’ unanimous consent that the Com- objection, it is so ordered. This is not something we should ig- mittee on Governmental Affairs be au- SUBCOMMITTEE ON READINESS AND nore or hide. I have never understood thorized to meet on Tuesday, October MANAGEMENT why some have desperately tried to re- 16, 2001, following the first vote of the Mr. DORGAN. Mr. President, I ask move any acknowledgment of religion day for a business meeting to consider unanimous consent that the Sub- from American life. pending committee business, including committee on Readiness and Manage- Just the opposite should be the case. the nomination of Mark Everson, to be ment Support of the Committee on It is only fitting that we would turn to Controller, Office of Federal and Fi- Armed Services be authorized to meet these expressions in times of great dif- nancial Management, Office of Manage- during the session of the Senate on ficulty. ment and Budget. Tuesday, October 16, 2001, at 2 p.m., in I hope that my colleagues will join closed session to receive testimony on me in supporting the patriotism dis- The PRESIDING OFFICER. Without security of Department of Defense am- played in Rocklin, California. Through- objection, it is so ordered. out the history of this great Nation, we COMMITTEE ON HEALTH, EDUCATION, LABOR, munition shipments. The PRESIDING OFFICER. Without have invoked the blessings of God with- AND PENSIONS out establishing religion. From prayers Mr. DORGAN. Mr. President, I ask objection, it is so ordered. before legislative assembly meetings unanimous consent that the Com- SUBCOMMITTEE ON YOUTH VIOLENCE and invocations before college football mittee on Health, Education, Labor, Mr. DORGAN. Mr. President, I ask games to the national motto embedded and Pensions be authorized to meet in unanimous consent that the Com- on our currency, our Constitution has executive session during the session of mittee on the Judiciary, Sub- allowed references to God. During this the Senate on Tuesday, October 16, committee on Youth Violence be au- time of national tragedy and recovery, 2001, at 3 p.m. thorized to meet to conduct a hearing we should not allow extreme interpre- Agenda: Markup of S. 1379, a bill to on Tuesday, October 16, 2001, at 10:30 tations of the Constitution to dampen amend the Public Health Service Act a.m., in Dirksen 226. our patriotism and resolve. to establish an Office of Rare Diseases ‘‘Defending America’s Transpor- This is an important matter that de- at the National Institutes of Health, tation Infrastructure’’ panel: The Hon- serves our attention during these dif- and for other purposes; S. 727, a bill to orable Mike Parker, Assistant Sec- ficult times. A resolution very similar provide grants for cardiopulmonary re- retary for the Army (Civil Works), De- to this one has been introduced in the suscitation (CPR) training in public partment of the Army, Washington, House by my friend, Representative schools; H.R. 717, to amend the Public DC; Brian M. Jenkins, Senior Advisory HENRY BROWN. We should support Health Service Act to provide for re- to the President, RAND Corporation, Breen Elementary School and others search and services with respect to Santa Monica, CA; Donald E. Brown, like it as they personify the spirit of Duchenne muscular dystrophy; an Chair of the Department of Systems America. original bill dealing with mental Engineering, University of Virginia,

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10776 CONGRESSIONAL RECORD — SENATE October 16, 2001 Charlottesville, VA; Jeffrey K. Beatty, To be lieutenant general PN1124 Army nomination of Stephen C. President and CEO, Total Security Maj. Gen. John M. Le Moyne, 0000 Burritt, which was received by the Senate and appeared in the CONGRESSIONAL RECORD Services International, Marrietta, GA; The following named officer for appoint- of October 9, 2001. and Tony Chrestman, President, Ruan ment in the United States Army to the grade Transport, Des Moines, IA. indicated while assigned to a position of im- MARINE CORPS The PRESIDING OFFICER. Without portance and responsibility under title 10, PN1076 Marine Corps nomination of objection, it is so ordered. U.S.C., section 601: Henry J. Goodrum, which was received by To be lieutenant general the Senate and appeared in the CONGRES- f SIONAL RECORD of September 21, 2001. Lt. Gen. Larry R. Jordan, 0000 NOTICE—REGISTRATION OF MASS The following named officer for appoint- NAVY MAILINGS ment in the United States Army to the grade PN1077 Navy nominations (2) beginning The filing date for 2001 third quarter indicated while assigned to a position of im- Richard D. Anderson, III, and ending James mass mailings is October 25, 2001. If portance and responsibility under title 10, P. Ingram, which nominations were received your office did no mass mailings during U.S.C., section 601: by the Senate and appeared in the CONGRES- To be lieutenant general SIONAL RECORD of September 21, 2001. this period, please submit a form that PN1078 Navy nomination of Bradley J. states ‘‘none.’’ Lt. Gen. Kevin P. Byrnes, 0000 Smith, which was received by the Senate and Mass mailing registrations, or nega- The following named officer for appoint- appeared in the CONGRESSIONAL RECORD of tive reports, should be submitted to ment in the United States Army to the grade September 21, 2001. the Senate Office of Public Records, 232 indicated while assigned to a position of im- PN1102 Navy nominations (2) beginning Hart Building, Washington, DC 20510– portance and responsibility under title 10, Richard A. Guerra, and ending Jeff B. 7116. U.S.C., section 601: Jorden, which nominations were received by The Public Records office will be To be general the Senate and appeared in the CONGRES- Lt. Gen. Paul J. Kern, 0000 SIONAL RECORD of October 2, 2001. open from 8 a.m. to 6 p.m. on the filing PN1103 Navy nomination of Martin B. date to accept these filings. For further The following named officer for appoint- Harrison, which was received by the Senate ment in the United States Army to the grade information, please contact the Public and appeared in the CONGRESSIONAL RECORD Records office at (202) 224–0322. indicated while assigned to a position of im- of October 2, 2001. portance and responsibility under title 10, f PN1125 Navy nomination of Michael S. U.S.C., section 601: Speicher, which was received by the Senate EXECUTIVE SESSION To be lieutenant general and appeared in the CONGRESSIONAL RECORD Maj. Gen, Joseph R. Inge, 0000 of October 9, 2001. The following named officer for appoint- PN1126 Navy nomination of Gary W. EXECUTIVE CALENDAR ment in the United States Army to the grade Latson, which was received by the Senate Mr. REID. Mr. President, I ask unan- indicated while assigned to a position of im- and appeared in the CONGRESSIONAL RECORD imous consent that the Senate proceed portance and responsibility under title 10 of October 9, 2001. U.S.C., section 601: PN1127 Navy nomination of Robert S. to executive session to consider Execu- Sullivan, which was received by the Senate To be lieutenant general tive Calendar Nos. 452 through 463 and and appeared in the CONGRESSIONAL RECORD the nominations on the Secretary’s Lt. Gen. John P. Abizaid, 0000 of October 9, 2001. desk; that the nominations be con- The following named officer for appoint- PN1134 Navy nominations (1442) beginning firmed, the motions to reconsider be ment in the United States Army to the grade Kevin T. Aanestad, and ending John J. laid upon the table, any statements indicated while assigned to a position of im- Zuhowski, which nominations were received thereon be printed at the appropriate portance and responsibility under title 10, by the Senate and appeared in the CONGRES- U.S.C., section 601, and to be a Senior Mem- SIONAL RECORD of October 10, 2001. place in the RECORD, the President be ber of the Military Staff Committee of the f immediately notified of the Senate’s United Nations under title 10, U.S.C., section action, and the Senate return to legis- 711: LEGISLATIVE SESSION lative session. To be lieutenant general The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Maj. Gen. George W. Casey, Jr., 0000 objection, it is so ordered. ate will return to legislative session. NAVY The nominations, considered and f confirmed, are as follows: The following named officer for appointment in the United States Navy to the grade MEASURE READ THE FIRST DEPARTMENT OF ENERGY indicated under title 10, U.S.C., section 624: TIME—H.R. 2646 Linton F. Brooks, of Virginia, to be Deputy To be rear admiral (lower half) Administrator for Defense Nuclear Non- Mr. REID. Further, I understand that proliferation, National Nuclear Security Ad- Capt. Richard K. Gallagher, 0000 H.R. 2646, which was received from the ministration. Capt. Thomas J. Kilcline, Jr., 0000 House, is at the desk. I ask for its first AIR FORCE DEPARTMENT OF DEFENSE reading. William Winkenwerder, Jr., of Massachu- PN1132 Air Force nominations (36) begin- The PRESIDING OFFICER. The setts, to be an Assistant Secretary of De- ning Gino L. Auteri, and ending Jesus E. clerk will read the bill by title. Zarate, which nominations were received by fense. The legislative clerk read as follows: the Senate and appeared in the CONGRES- AIR FORCE SIONAL RECORD of October 10, 2001. A bill (H.R. 2646) to provide for the con- The following Air National Guard of the PN1133 Air Force nominations (2065) be- tinuation of agricultural programs through United States officers for appointment in the ginning Richard E. Aaron, and ending *Delia fiscal year 2011. Reserve of the Air Force, to the grade indi- Zorrilla, which nominations were received Mr. REID. Mr. President, I now ask cated under title 10, U.S.C., section 12203: by the Senate and appeared in the CONGRES- for its second reading and object to my To be brigadier general SIONAL RECORD of October 10, 2001. own request. Col. David F. Brubaker, 0000 ARMY The PRESIDING OFFICER. Objec- Col. Michael W. Corbett, 0000 PN1074 Army nominations (2) beginning tion is heard. ARMY George M. Gouzy, III, and ending Carrol H. The bill will receive its second read- The following named officer for appoint- Kinsey, Jr., which nominations were re- ing on the next legislative day. ment as the Assistant Judge Advocate Gen- ceived by the Senate and appeared in the eral, United States Army and for appoint- CONGRESSIONAL RECORD of September 21, f 2001. ment to the grade indicated under title 10, ORDERS FOR WEDNESDAY, U.S.C. section 3037: PN1075 Army nominations (3) beginning Jeffrey E. Arnold, and ending Timothy L. OCTOBER 17, 2001 To be major general Sheppard, which nominations were received Brig. Gen. Michael J. Marchand, 0000 Mr. REID. Mr. President, I ask unan- by the Senate and appeared in the CONGRES- imous consent that when the Senate The following named officer for appoint- SIONAL RECORD of September 21, 2001. ment in the United Sates Army to the grade PN1101 Army nomination of Gregory A. completes its business today, it ad- indicated while assigned to a position of im- Antoine, which was received by the Senate journ until the hour of 10 a.m., Wednes- portance and responsibility under title 10, and appeared in the CONGRESSIONAL RECORD day, October 17; that following the U.S.C. section 601: of October 2, 2001. prayer and the pledge, the Journal of

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2001 CONGRESSIONAL RECORD — SENATE S10777 proceedings be approved to date, the ERNA WILLIS KERST, OF CALIFORNIA ROBERT E. DAVIS JR., OF WASHINGTON MARGARET ALISON NEUSE, OF THE DISTRICT OF COLUM- PAUL DENIG, OF NEW JERSEY morning hour be deemed expired, and BIA ELIZABETH LINK DIBBLE, OF THE DISTRICT OF COLUM- the time for the two leaders be re- DIANNE L. RAWL, OF VIRGINIA BIA ANDREW B. SISSON, OF NEW YORK ROBERT WILLIAM DRY, OF FLORIDA served for their use later in the day; WILLIAM F. SUGRUE, OF CONNECTICUT PHILIP HUGHES EGGER, OF TENNESSEE that the Senate resume consideration DIANA LEIGH SWAIN, OF VIRGINIA ROBERT BRUCE EHRNMAN, OF NEW JERSEY CHARLES MAXWELL UPHAUS, OF VIRGINIA STEPHEN C. ENGELKEN, OF OHIO of the motion to proceed to the Foreign LOUISE BERRY WISE, OF VIRGINIA GERALD MICHAEL FEIERSTEIN, OF PENNSYLVANIA JANE CATHERINE GAFFNEY, OF MARYLAND Operations Appropriations Act, with 1 THE FOLLOWING-NAMED CAREER MEMBER OF THE ROBERT F. GODEC, OF VIRGINIA FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL ANDREW LEWIS ALLEN GOODMAN, OF VIRGINIA hour of debate equally divided between DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- GORDON GRAY III, OF NEVADA the chairman and the ranking member, EIGN SERVICE TO THE CLASS INDICATED: ELIZABETH P. HINSON, OF TEXAS CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, ERIC GRANT JOHN, OF THE DISTRICT OF COLUMBIA or their designees, prior to an 11 a.m. CLASS OF COUNSELOR, AND CONSULAR OFFICER AND cloture vote on the motion to proceed. SECRETARY IN THE DIPLOMATIC SERVICE OF THE SUSAN ROCKWELL JOHNSON, OF NEW YORK UNITED STATES OF AMERICA: DEBORAH K. JONES, OF CALIFORNIA The PRESIDING OFFICER. Without FRANCES THORNTON JONES, OF NORTH CAROLINA objection, it is so ordered. OLIVIER C. CARDUNER, OF VIRGINIA PETER GRAHAM KAESTNER, OF MARYLAND J. CHRISTIAN KENNEDY, OF INDIANA THE FOLLOWING-NAMED CAREER MEMBERS OF THE f SUSAN E. KEOGH-FISHER, OF CALIFORNIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF MICHAEL DAVID KIRBY, OF OHIO STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- ROBERT B. LAING, OF WASHINGTON ADJOURNMENT UNTIL 10 A.M. ICE TO THE CLASSES INDICATED: ALAN BRYAN CEDRICK LATIMER, OF GEORGIA TOMORROW CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ALICE C. LEMAISTRE, OF ALABAMA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER AN THANH LE, OF FLORIDA Mr. REID. Mr. President, if there is MINISTER: JEFFREY DAVID LEVINE, OF CALIFORNIA no further business to come before the JAMES F. DOBBINS JR., OF NEW YORK PATRICK JOSEPH LINEHAN, OF MAINE SHAUN EDWARD DONNELLY, OF MARYLAND KATHERINE J. M. MILLARD, OF THE DISTRICT OF COLUM- Senate, I ask unanimous consent that HOWARD FRANKLIN JETER, OF SOUTH CAROLINA BIA the Senate stand in adjournment under ANNE WOODS PATTERSON, OF ARKANSAS LUIS G. MORENO, OF NEW YORK C. DAVID WELCH, OF CALIFORNIA JOHN D. MORRIS, OF GEORGIA the previous order. MOLLY K. WILLIAMSON, OF CALIFORNIA PATRICIA A. MURPHY, OF VIRGINIA WAYNE EDWARD NEILL II, OF NEVADA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE There being no objection, the Senate, WILLIAM GREGORY PERETT, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- LISA A. PIASCIK, OF FLORIDA at 5:46 p.m., adjourned until Wednes- ISTER-COUNSELOR: ROBERT A. POLLARD, OF VIRGINIA day, October 17, 2001, at 10 a.m. CATHERINE BARRY, OF ILLINOIS RONALD J. POST, OF CALIFORNIA GREGORY L. BERRY, OF OREGON DOUGLAS K. RASMUSSEN, OF CALIFORNIA f RAYMOND A. BONESKI, OF FLORIDA JOHN ROBERT RIDDLE, OF TEXAS DONALD E. BOOTH, OF NEW JERSEY CHRISTOPHER R. RICHE, OF WASHINGTON NOMINATIONS MARTIN G. BRENNAN, OF CALIFORNIA LESLIE V. ROWE, OF WASHINGTON KATHLEEN A. BRION, OF VIRGINIA ROBIN RENEE SANDERS, OF NEW YORK Executive nominations received by WARRINGTON E. BROWN, OF NEW JERSEY DANIEL SANTOS, SANTOS JR., OF FLORIDA the Senate October 16, 2001: ROLAND W. BULLEN, OF CALIFORNIA FRANCIS T. SCANLAN JR., OF LOUISIANA CAREY CAVANAUGH, OF FLORIDA KYLE R. SCOTT, OF ARIZONA FEDERAL EMERGENCY MANAGEMENT AGENCY PHILLIP T. CHICOLA, OF FLORIDA FLORITA INDIRA SHEPPARD, OF TEXAS CHRISTOPHER WILLIAM DELL, OF NEW JERSEY JOSIE SLAUGHTER SHUMAKE, OF MISSISSIPPI R. DAVID PAULISON, OF FLORIDA, TO BE ADMINIS- ANNE E. DERSE, OF MICHIGAN MARK JAY SMITH, OF CALIFORNIA TRATOR OF THE UNITED STATES FIRE ADMINISTRATION, PATRICK DENNIS DUDDY, OF MAINE KAREN BREVARD STEWART, OF FLORIDA FEDERAL EMERGENCY MANAGEMENT AGENCY, VICE DAVID B. DUNN, OF CALIFORNIA CURTIS A. STONE, OF WASHINGTON CARRYE BURLEY BROWN. JUDITH RYAN FERGIN, OF MAINE ANN SANBORN SYRETT, OF WASHINGTON DEPARTMENT OF COMMERCE JANET E. GARVEY, OF MASSACHUSETTS DONALD E. TERPSTRA, OF TEXAS DAVID HAAS, OF VIRGINIA HARRY KEELS THOMAS JR., OF NEW YORK CONRAD LAUTENBACHER, JR., OF VIRGINIA, TO BE RICHARD CHARLES HERMANN, OF IOWA LINDA THOMAS-GREENFIELD, OF LOUISIANA UNDER SECRETARY OF COMMERCE FOR OCEANS AND AT- RICHARD EUGENE HOAGLAND, OF THE DISTRICT OF CO- D. BRUCE WHARTON, OF TEXAS MOSPHERE, VICE D. JAMES BAKER, RESIGNED. LUMBIA DANIEL FRANK WHITMAN, OF OHIO JANICE LEE JACOBS, OF ILLINOIS PENELOPE ANN WILLIAMS, OF FLORIDA UNITED STATES AGENCY FOR INTERNATIONAL SUSAN S. JACOBS, OF MICHIGAN MARK S. WOERNER, OF ILLINOIS DEVELOPMENT SIDNEY L. KAPLAN, OF CONNECTICUT DAVID THOMAS WOLFSON, OF TEXAS SCOTT FREDERIC KILNER, OF CALIFORNIA KARL EDWIN WYCOFF, OF CALIFORNIA CONSTANCE BERRY NEWMAN, OF ILLINOIS, TO BE AN ANN KELLY KORKY, OF NEW JERSEY ASSISTANT ADMINISTRATOR OF THE UNITED STATES PETER JOHN KOVACH, OF MASSACHUSETTS CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, AGENCY FOR INTERNATIONAL DEVELOPMENT, VICE VIV- JOSEPH EVAN LEBARON, OF OREGON CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND IAN LOWERY DERRYCK, RESIGNED. ROSE MARIE LIKINS, OF VIRGINIA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA: DEPARTMENT OF STATE JOHN W. LIMBERT, OF VERMONT CARMEN MARIA MARTINEZ, OF FLORIDA PLABAN K. BAGCHI, OF VIRGINIA CHRISTOPHER BANCROFT BURNHAM, OF CONNECTICUT, MARGARET K. MCMILLION, OF PENNSYLVANIA PATRICIA A. BEITH, OF CALIFORNIA TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF GILLIAN ARLETTE MILOVANOVIC, OF PENNSYLVANIA STANLEY BIELINSKI JR., OF VIRGINIA STATE, VICE BERT T. EDWARDS. MICHAEL C. MOZUR, OF VIRGINIA JEAN ALDRIDGE BONILLA, OF CALIFORNIA STEPHEN D. MULL, OF PENNSYLVANIA FOREIGN SERVICE MARK C. BOYETT, OF TEXAS ROBERT K. NOVAK, OF WASHINGTON PATRICIA A. HARTNETT-KELLY, OF MARYLAND THE FOLLOWING-NAMED CAREER MEMBER OF THE LARRY LEON PALMER, OF GEORGIA STEVE A. LAUDERDALE, OF TEXAS SENIOR FOREIGN SERVICE TO THE CLASS INDICATED: JO ELLEN POWELL, OF THE DISTRICT OF COLUMBIA BARRETT G. LEVINE, OF CALIFORNIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE EVANS JOSEPH ROBERT REVERE, OF VIRGINIA NANCY LEE MANAHAN, OF FLORIDA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- STEPHEN R. ROUNDS, OF NEW HAMPSHIRE SANDRA M. MUENCH, OF FLORIDA SELOR, AND CONSULAR OFFICER AND SECRETARY IN JANET A. SANDERSON, OF ARIZONA JOHN G. RENDEIRO JR., OF PENNSYLVANIA THE DIPLOMATIC SERVICE. RONALD LEWIS SCHLICHER, OF TENNESSEE GEORGE ROVDER, OF VIRGINIA CHARLES N. SILVER, OF VIRGINIA ELIZABETH U. SINES, OF CALIFORNIA INTERNATIONAL BROADCASTING BUREAU PAUL E. SIMONS, OF NEW JERSEY AGU SUVARI, OF RHODE ISLAND STEPHEN T. SMITH, OF NEBRASKA TERENCE J. DONOVAN, OF FLORIDA LEVIA F. SWAIN JR., OF WEST VIRGINIA DORIS KATHLEEN STEPHENS, OF ARIZONA KENNETH EDWARD SYKES, OF FLORIDA THE FOLLOWING-NAMED CAREER MEMBERS OF THE GREGORY MICHAEL SUCHAN, OF OHIO CHARLES R. WILLS, OF WASHINGTON SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- FRANK CHARLES URBANCIC, OF INDIANA NATIONAL DEVELOPMENT FOR PROMOTION WITHIN THE EDWARD H. VAZQUEZ, OF NEW JERSEY IN THE AIR FORCE STEVEN J. WHITE, OF FLORIDA SENIOR FOREIGN SERVICE TO THE CLASS INDICATED: THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE SHARON ANDERHOLM WIENER, OF OHIO NICHOLAS M. WILLIAMS, OF NEW YORK IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- OF THE UNITED STATES OF AMERICA, CLASS OF CA- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE REER-MINISTER: LAURENCE D. WOHLERS, OF WASHINGTON WILLIAM BRAUCHER WOOD, OF NEW YORK AND RESPONSIIBILITY UNDER TITLE 10, U.S.C., SECTION KEITH E. BROWN, OF VIRGINIA MARY CARLIN YATES, OF THE DISTRICT OF COLUMBIA 601: CHRISTOPHER D. CROWLEY, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE To be general CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR GEN. HAL M. HORNBURG, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF MIN- FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- ISTER-COUNSELOR: SULAR OFFICERS AND SECRETARIES IN THE DIPLO- IN THE ARMY MATIC SERVICE, AS INDICATED: GLENN E. ANDERS, OF FLORIDA THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE DESAIX B. MYERS III, OF CALIFORNIA TO THE GRADE INDICATED IN THE UNITED STATES OF THE UNITED STATES OF AMERICA, CLASS OF COUN- CAROLE SCHERRER-PALMA, OF TEXAS ARMY, ARMY JUDGE ADVOCATE GENERAL’S CORPS SELOR: MARK I. SILVERMAN, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING-NAMED CAREER MEMBERS OF THE EDWARD M. ALFORD, OF VIRGINIA To be colonel FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL JAY NICHOLAS ANANIA, OF CONNECTICUT DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- TIMOTHY DUANE ANDREWS, OF MISSOURI DONALD W. DAWSON III, 0000 EDMUND EARL ATKINS, OF CALIFORNIA EIGN SERVICE TO THE CLASS INDICATED: THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ANNE V. STENZEL BARBARO, OF CALIFORNIA ROBERT O. BLAKE JR., OF THE DISTRICT OF COLUMBIA TO THE GRADE INDICATED IN THE UNITED STATES OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ARMY, ARMY JUDGE ADVOCATE GENERAL’S CORPS SELOR: MERRIE D. BLOCKER, OF FLORIDA STUART VAUGHAN BROWN, OF THE DISTRICT OF COLUM- UNDER TITLE 10, U.S.C., SECTION 624: CHARLES RICHARD AANENSON, OF WASHINGTON BIA HENRY LEE BARRETT, OF NORTH CAROLINA LYNN L. CASSEL, OF ALASKA To be colonel JAMES ANDREW BEVER, OF VIRGINIA KATHLEEN M. CAYER, OF MASSACHUSETTS DANIEL M. MACGUIRE, 0000 JON HASKELL BRESLAR, OF VIRGINIA CATHY TAYLOR CHIKES, OF VIRGINIA MICHAEL FARBMAN, OF VIRGINIA MARJORIE COFFIN, OF TEXAS THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT WILLIAM MICHAEL FREJ, OF CALIFORNIA STEVEN P. COFFMAN, OF TEXAS TO THE GRADE INDICATED IN THE UNITED STATES WILLARD L. GRIZZARD, OF FLORIDA THOMAS MORE COUNTRYMAN, OF WASHINGTON ARMY, ARMY JUDGE ADVOCATE GENERAL’S CORPS DEBORAH K. KENNEDY-IRAHETA, OF VIRGINIA BARBARA CECELIA CUMMINGS, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 03:30 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10778 CONGRESSIONAL RECORD — SENATE October 16, 2001 To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general IN THE UNITED STATES ARMY TO THE GRADE INDICATED CHRISTOPHER M. MURPHY, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF MAJ. GEN. GEORGE W. CASEY RESPONSIBILITY UNDER TITLE 10, U.S.C. SECTION 601: JR. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES To be lieutenant general ARMY, ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., IN THE NAVY SECTION 624: ARMY NOMINATION OF MAJ. GEN. JOHN M. LE MOYNE. THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT To be major IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: DANIEL F. LEE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f To be rear admiral (lower half) To be lieutenant general CONFIRMATIONS NAVY NOMINATION OF CAPT. RICHARD K. GALLAGHER. ARMY NOMINATION OF LT. GEN. LARRY R. JORDAN. NAVY NOMINATION OF CAPT. THOMAS J. KILCLINE JR. Executive nominations confirmed by THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING GINO L AUTERI IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND ENDING JESUS E ZARATE, WHICH NOMINATIONS the Senate October 16, 2001: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WERE RECEIVED BY THE SENATE AND APPEARED IN THE DEPARTMENT OF ENERGY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CONGRESSIONAL RECORD ON OCTOBER 10, 2001. To be lieutenant general AIR FORCE NOMINATIONS BEGINNING RICHARD E LINTON F. BROOKS, OF VIRGINIA, TO BE DEPUTY AD- AARON AND ENDING *DELIA ZORRILLA, WHICH NOMINA- MINISTRATOR FOR DEFENSE NUCLEAR NONPROLIFERA- ARMY NOMINATION OF LT. GEN. KEVIN P. BYRNES. TIONS WERE RECEIVED BY THE SENATE AND APPEARED TION, NATIONAL NUCLEAR SECURITY ADMINISTRATION. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON OCTOBER 10, 2001. DEPARTMENT OF DEFENSE IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING GEORGE M. GOUZY III WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND ENDING CARROL H. KINSEY JR., WHICH NOMINA- WILLIAM WINKENWERDER, JR., OF MASSACHUSETTS, TIONS WERE RECEIVED BY THE SENATE AND APPEARED TO BE AN ASSISTANT SECRETARY OF DEFENSE. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE CONGRESSIONAL RECORD ON SEPTEMBER 21, 2001. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT To be general ARMY NOMINATIONS BEGINNING JEFFREY E. ARNOLD TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ARMY NOMINATION OF LT. GEN. PAUL J. KERN. AND ENDING TIMOTHY L. SHEPPARD, WHICH NOMINA- CONSTITUTED COMMITTEE OF THE SENATE. TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON SEPTEMBER 21, 2001. IN THE AIR FORCE IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATION OF GREGORY A. ANTOINE. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF STEPHEN C. BURRITT. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STATES OFFICERS FOR APPOINTMENT IN THE RESERVE MARINE CORPS NOMINATION OF HENRY J. GOODRUM. OF THE AIR FORCE, TO THE GRADE INDICATED UNDER To be lieutenant general NAVY NOMINATIONS BEGINNING RICHARD D. ANDER- TITLE 10, U.S.C., SECTION 12203: SON III AND ENDING JAMES P. INGRAM, WHICH NOMINA- ARMY NOMINATION OF MAJ. GEN. JOSEPH R. INGE. TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be brigadier general THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON SEPTEMBER 21, 2001. AIR FORCE NOMINATION OF COL. DAVID F. BRUBAKER. IN THE UNITED STATES ARMY TO THE GRADE INDICATED NAVY NOMINATION OF BRADLEY J. SMITH. AIR FORCE NOMINATION OF COL. MICHAEL W. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NAVY NOMINATIONS BEGINNING RICHARD A. GUERRA CORBETT. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND ENDING JEFF B. JORDEN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE ARMY To be lieutenant general CONGRESSIONAL RECORD ON OCTOBER 2, 2001. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF LT. GEN. JOHN P. ABIZAID. NAVY NOMINATION OF MARTIN B. HARRISON. AS THE ASSISTANT JUDGE ADVOCATE GENERAL, UNITED THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT NAVY NOMINATION OF MICHAEL S. SPEICHER. STATES ARMY AND FOR APPOINTMENT TO THE GRADE IN THE UNITED STATES ARMY TO THE GRADE INDICATED NAVY NOMINATION OF GARY W. LATSON. INDICATED UNDER TITLE 10, U.S.C. SECTION 3037: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NAVY NOMINATION OF ROBERT S. SULLIVAN. To be major general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601, NAVY NOMINATIONS BEGINNING KEVIN T AANESTAD AND TO BE A SENIOR MEMBER OF THE MILITARY STAFF AND ENDING JOHN J. ZUHOWSKI, WHICH NOMINATIONS ARMY NOMINATION OF BRIG. GEN. MICHAEL J. COMMITTEE OF THE UNITED NATIONS UNDER TITLE 10, WERE RECEIVED BY THE SENATE AND APPEARED IN THE MARCHAND. U.S.C., SECTION 711: CONGRESSIONAL RECORD ON OCTOBER 10, 2001.

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IN HONOR OF THE NEW YORK CITY Firefighters in all cities share many admi- sion such as the Centennial Jubilee was an FIREMEN rable qualities. They are, for the most part, appropriate time for the parish to reaffirm their good family men and women. They love kids, loyalty to the currently reigning Pope Paul VI. and are good with, and make time for, them. HON. DENNIS J. KUCINICH They make great Little League coaches, pee- Many Ukrainian Catholic priests served the Parish during the past 100 years as visitors, OF OHIO wee football coaches, and CYO basketball pastors/administrators, assistant pastors, mis- IN THE HOUSE OF REPRESENTATIVES coaches—much more so than doctors, lawyers, investment bankers, and the dotcom sionaries, and substitutes. There were also Tuesday, October 16, 2001 crowd. Because they face death with the ring many parochial projects that the pastors di- Mr. KUCINICH. Mr. Speaker, I rise today to of every alarm bell, they appreciate how val- rected throughout the years. uable and precious life is—each life. Above honor the New York City Firemen, and to sub- This celebration was a time for reflecting on all else, they are extraordinarily brave. the love and dedication by members of the mit for the record a brief article written by one When my father died in 1996, a reporter of my constituents, Mr. Matthew T. Fitz- from one of the New York newspapers asked parish. Gratitude was given to those who de- simmons. Mr. Fitzsimmons truly captures the if he could deliver the eulogy at his funeral voted time and effort toward the well-being of selfless nature of the hundreds of firemen that Mass. In the early 1970’s, this reporter had the parish and also those who used their tal- have risked their lives since September 11th, witnessed my father, then the pilot of the ents in special fields for the benefit of the par- and those that continue to put themselves in Firefighter (the world’s largest and most ish. harm’s way. It is my hope that this article in- powerful fireboat), make a rescue in New On the occasion of its 100th anniversary, it York Harbor after a freighter and a con- spires you to realize the true American spirit is my honor to recognize the people of SS. tainer cargo ship collided near the Peter and Paul Ukrainian Catholic Church and embodied by ‘‘New York’s Bravest.’’ Verrazano-Narrows Bridge. Scores of people to extend best wishes for many more success- CLIMBING A STAIRWAY TO HEAVEN were incinerated in the collision. My father had maneuvered the Firefighter between the ful years of faith-based ministry to follow. (By Matthew T. Fitzsimmons) two burning ships and rescued about twenty- f I have always been proud to be the son of five crewmen, who were trapped and jumping a retired New York City fireman (Marine Co. overboard. The heat was so intense that it PATRIOT ACT OF 2001 9) and brother of a current New York City melted the paint off the Firefighter’s decks. fireman (Ladder Co. 77). I was born and The reporter, a safe distance away on a tug- SPEECH OF raised in the tradition and culture of the boat, thought the Firefighter was going to New York City Fire Department. I am now a catch on fire, explode, and sink. The reporter HON. MARTIN T. MEEHAN lawyer in Cleveland. recounted this rescue in the eulogy, and con- OF MASSACHUSETTS Last Tuesday morning at the World Trade cluded by saying: ‘‘Your father was the brav- IN THE HOUSE OF REPRESENTATIVES Center, New York City firefighters dem- est man I ever knew.’’ My brothers and sis- onstrated to the world, in the most graphic ters and I were very proud to hear this trib- Friday, October 12, 2001 manner imaginable, why they are called New ute to our father. York’s Bravest. As tens of thousands evacu- Mr. MEEHAN. Mr. Speaker, I have been In the upcoming days and weeks, there will proud to serve as a member of the House Ju- ated the Twin Towers in mass hysteria, the be funeral Masses and services for all of firefighters, with complete and utter dis- these fallen heroes. I hope that at these diciary Committee over the past month. In the regard for their own safety, ran into and up Masses and services someone will tell the past, our committee has had a reputation for the buildings to rescue the injured and oth- children of each one of these deceased fire- confrontation—not consensus. But when ter- ers in need of help. It was an extraordinary fighters that their father or mother ‘‘was the rorists destroyed the World Trade Center and act of bravery. bravest person I ever knew.’’ assaulted the Pentagon, the Judiciary Com- Up thirty, forty, fifty, sixty, seventy Although America can be, at times, a mittee beat its swords into plowshares. floors, and higher, with full gear. A height at country with a short memory, I am sure that Under the leadership of JIM SENSENBRENNER which you could almost reach out and touch America—indeed the entire world—will and JOHN CONYERS, we came together to the face of God. Unbeknownst to them, they never, ever forget the bravery which the men were climbing a stairway to heaven. and women of the New York City Fire De- produce a bipartisan bill that updates law en- There have been many words used to department displayed last Tuesday. I am con- forcement’s arsenal against terrorism without scribe last week’s attack on our country: fident that when those firefighters reached casting aside our fundamental liberties. horrific, horrendous, barbaric, tragic, and the top of that stairway to heaven, Our Lord Our efforts produced a balanced bill that re- surreal. For me, there was nothing more hor- and St. Peter were likewise in awe of their ceived a unanimous vote—a historic accom- rific, horrendous, barbaric, tragic, surreal— bravery. plishment. I wish it were the Judiciary Com- and sickening—than Tuesday’s TV graphic mittee bill on the floor today. that approximately three hundred New York f City firefighters were missing, and presumed Unfortunately, today’s floor debate has taint- dead. It is a number that is beyond com- 100th ANNIVERSARY OF SS. PETER ed that accomplishment. The short-circuiting of prehension—beyond comprehension. It is AND PAUL UKRAINIAN CATHOLIC the regular order clouds what should have numbing. Three hundred firefighters—about CHURCH IN AUBURN, NY been a day of unanimity. fifty companies—are significantly more than Nonetheless, I rise in support of the are on duty in the entire City of Cleveland antiterrorism legislation before us. While the on any given day. HON. JAMES T. WALSH OF NEW YORK bill is not perfect, it does maintain an accept- My thoughts this past week have not been able balance between bolstering law enforce- on the faraway lands of Afghanistan, Paki- IN THE HOUSE OF REPRESENTATIVES ment powers and protecting our civil liberties. stan, or the Middle East, but on the neigh- Tuesday, October 16, 2001 borhoods of Brooklyn, Queens, Staten Island, In fact, when I read the Senate bill, I see and the closer in suburbs of Long Island, Mr. WALSH. Mr. Speaker, I rise today in much of the House Judiciary Committee’s where families of many firefighters live. The recognition of the 100th anniversary of SS. work reflected in that product. sense of loss and grief in those neighbor- Peter and Paul Ukrainian Catholic Church in Since our surveillance laws were first en- hoods must be unbearable and unspeakable. I Auburn, NY. The congregation gathered to acted, the terrorists have gotten smarter, fast- am very sorry for their loss, and mourn with recognize this important milestone during a er, and richer. The technology that brings us them. To paraphrase Will Rogers’ eulogy of unprecedented convenience has brought them President Woodrow Wilson, last Tuesday the Centennial Jubilee celebration on Sunday, world lost three hundred of its greatest September 30, 2001. unprecedented opportunities to wreak havoc. friends. Tellingly, it now appears that about It was during the pontificate of Pope St. It’s time for law enforcement to catch up. ten percent of those who died at the World Pius X that the first Ukrainian Catholic Bishop I only regret that today’s action won’t have Trade Center died trying to rescue others. was appointed in the United States. An occa- quite the bipartisan shine it should.

∑ 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 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A16OC8.000 pfrm02 PsN: E16PT1 E1894 CONGRESSIONAL RECORD — Extensions of Remarks October 16, 2001 TRIBUTE TO CELIA CRUZ TERRITORIAL CONCESSIONS TO midable that 48% of the total Alaska Native YASSER ARAFAT—UTTERLY UN- Vietnam veteran allotment applications which HON. JOSE´ E. SERRANO ACCEPTABLE have been filed (as of September 27, 2001) have been rejected [according to the Bureau OF NEW YORK of Land Management (BLM)]. The BLM also IN THE HOUSE OF REPRESENTATIVES HON. ERIC CANTOR OF VIRGINIA reports that only 116 applications for Alaska Tuesday, October 16, 2001 IN THE HOUSE OF REPRESENTATIVES Native Vietnam veterans’ allotments have been filed and 56 of those applications have Mr. SERRANO. Mr. Speaker, I rise today to Tuesday, October 16, 2001 been rejected. The reasons for all but 16 of pay tribute to Ms. Celia Cruz, known as the Mr. CANTOR. Mr. Speaker, I rise today in the rejections are for one of the following rea- ‘‘Queen of Salsa,’’ who is being presented response to a series of recent news reports in- sons: (1) the land applied for is not available; with the James Smithson Bicentennial Medal dicating that the State Department is devel- and/or (2) the dates that the Alaska Native for her countless contributions to American oping a plan to pressure Israel to make terri- Vietnam veteran served during the Vietnam culture and music for more than 40 years. I torial concessions to Yasser Arafat. The latest conflict did not coincide with those required would also like to thank Ms. Cruz for her gen- indications point to Israel even having to give under P.L. 105–276. erous donation of a marvelous gown to the up part of Jerusalem. P.L. 105–276’s first obstacle is: Alaska Na- National Museum of American History which Mr. Speaker, such a proposal is utterly un- tive Vietnam veterans can only apply for land will be included in the exhibit ‘‘Moda y Musica: acceptable. that was vacant, unappropriated, and unre- Stage, Fashion and Style’’ in commemoration I find it hard to believe that anyone would served when their use of the land first began. of Hispanic Heritage Month. choose now as the time to put pressure on Land that is available to Alaska Native Viet- Throughout her childhood in Havana, Cuba, our only democratic friend in the Middle East, nam veterans for allotments is extremely lim- Ms. Cruz’s passion for music was well-known. a friend that has been at the mercy of terror- ited or non-existent. For example, out of the As a young adult she became more serious ists for decades. 116 applications filed thus far, 36% have been about this passion. Already noted for her According to a recent poll, the vast majority rejected because the land applied for is not prego´n singing (a vocal style which evolved of Palestinians oppose the American air available under P.L. 105–276. Most land in from the calls, chants, and cries of street ven- strikes against Afghanistan, and one in four Alaska is out of reach for Alaska Native Viet- dors) and various songs that had earned her believes terrorism against the United States is nam veteran allotments. Lands that are ex- local fame, Cruz enrolled at the Conservatory okay. pressly not available for allotments are lands of Music to study voice and theory. Ms. Cruz Terrorism is terrorism wherever it occurs: in a National Forest, selected by the State of has always appreciated the power of music, New York, Washington, Jerusalem, or Tel Alaska or Alaska Native Claims Settlement Act particularly the power of salsa and other forms Aviv. Until Yasser Arafat rids himself of his Native Corporations or under a public land of Hispanic music. Salsa music is the pulse of ties to terrorism, he should not be rewarded law, camping sites, designated wilderness, many Hispanic cultures and has in recent with statehood. and acquired by the federal government years been discovered and revered by people f through gift, purchase, or exchange. throughout the world. The second obstacle is: Alaska Native Viet- Mr. Speaker, Ms. Cruz left Cuba in 1960 INTRODUCTION OF THE ‘‘VIETNAM nam veterans can only apply if they served in and began recording with the legendary Tito VETERANS BILL FOR ALASKA active military duty from January 1, 1969 to Puente and his band in the United States, NATIVES’’ December 31, 1971 (even though the Vietnam where they brought the heat and rhythm of conflict began August 5, 1964 and ended May Cuba and Puerto Rico to the streets of New HON. DON YOUNG 7, 1975). The dates of January 1969 to De- York City, Puente’s birth city. Ms. Cruz went OF ALASKA cember 1971 were adamantly required by the on to marry her long-time friend and colleague IN THE HOUSE OF REPRESENTATIVES previous Administration because they did not Pedro Knight on July 14, 1962. Knight was the want to give up any additional federal lands in Tuesday, October 16, 2001 first trumpeter of Cruz’s famed orchestra, La Alaska. Approximately 1,700 Alaska Native Sonora Matancera, and had known the singer Mr. YOUNG of Alaska. Mr. Speaker, I am Vietnam veterans who served during the Viet- for over 14 years. Knight has served as Cruz’s pleased to introduce legislation to provide for nam conflict are not eligible for an allotment protector, manager, and musical director ever the equitable treatment of Alaska Native Viet- under existing law because they do not meet since and gave her the golden ‘‘Salsa’’ en- nam veterans. My bill will amend Section 41 of the military service date’s requirement. Many graved earrings she still wears. the Alaska Native Claims Settlement Act of those 1,700 veterans did not even apply, Throughout Ms. Cruz’s illustrious career, (ANCSA). This section applies to the Native but those who did have been rejected. Of all she has toured the world and appeared in nu- Allotments for Alaska Native Vietnam vet- of the applications rejected, 13% were re- merous films, most notably the 1992 release, erans. jected because the Alaska Native Vietnam vet- ‘‘Mambo Kings.’’ She also played the role of In 1998, P.L. 105–276 (Section 432) eran’s military service dates did not meet the La Gracia Divina in the goundbreaking opera amended the Alaska Native Claims Settlement existing requirements. ‘‘Hommy’’ at Carnegie Hall in 1973. Ms. Cruz Act (ANCSA) to provide Alaska Native Viet- The third obstacle is: Alaska Native Vietnam has recorded over 70 albums. Many fans say nam veterans an opportunity to obtain an allot- veterans must prove they used the land (ap- that while her albums are among their most ment of up to 160 acres of land under the Na- plied for in their native allotment application) in treasured, nothing compares to hearing the tive Allotment Act. There are approximately a substantially continuous and independent singer live in concert. Critics around the world 2,800 Alaska Natives who served in the mili- manner, at least potentially exclusive of oth- have noted that she electrifies the stage. tary during the Vietnam conflict who did not ers, for five or more years. This requirement These accomplishments have earned Ms. have an opportunity to apply for their Native was not in the original Native Allotment Act, Cruz the prestigious James Smithson Bicen- allotment. When P.L. 105–276 became law, nor has it been required of other Alaska Na- tennial Medal, awarded under the authoriza- many Alaska Native Vietnam veterans were tive allotment applicants. This requirement fur- tion of the Secretary of the Smithsonian to encouraged with the belief that they would fi- ther penalizes our Alaska Native Vietnam vet- people who have made distinguished contribu- nally receive recognition for their military serv- erans and will certainly cause many applications to the advancement of society and cul- ice to the United States. Many Alaska Native tions to be rejected. Further, adjudication of ture. Vietnam veterans saw this as their last oppor- use and occupancy issues will take years and After nearly half a century of high-energy tunity to obtain land which had been used by will be very costly. concerts, album recordings, interviews and their families for generations for subsistence My proposed legislation will increase the other speaking engagements, Ms. Cruz is still purposes. That opportunity was lost to 1,700 available land by authorizing Alaska Native in high demand. To illustrate that fact, Mr. Alaska Native Vietnam veterans who were ex- Vietnam veterans to apply for land that is fed- Speaker, I should mention that Ms. Cruz took cluded by the terms of P.L. 150–276 (which erally owned and vacant. The lack of available home the 2000 Latin Grammy award for Best was harshly enforced by the previous Adminis- land under existing law nullifies the very pur- Salsa Performance. I ask my colleagues to tration). pose of granting Alaska Native Vietnam vet- Join me in congratulating Celia Cruz on earn- P.L. 105–276 contains three major obsta- erans an allotment benefit. This is true being the James Smithson Bicentennial Medal cles which prohibit Alaska Native Vietnam vet- cause most land in Alaska is not available for and in thanking her for decades of legendary erans an opportunity to select and obtain their Alaska Native Vietnam veteran allotment appli- music and for her terrific spirit. Native allotment. These obstacles are so for- cations under existing laws. For example,

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A16OC8.004 pfrm02 PsN: E16PT1 October 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1895 there is no land available in southeast Alaska veterans face when applying for a Native allot- Health Week in California and urge members because it either is within the Tongass Na- ment under P.L. 105–267. For many years, to become familiar of the cutting edge bilateral tional Forest or has been selected or con- Alaska Natives have had a unique legal rela- working group, the California-Mexico Health veyed to the State of Alaska or ANCSA Native tionship with the United States. Because of Initiative. Corporations. In addition, vast areas of land in this unique relationship, Alaska Natives have Alaska were withdrawn before most Alaska steadfastly answered a call to duty when the f Native Vietnam veterans could have made United States called during a conflict or an act qualifying use of the land. In contrast, federally of war. Alaska Natives did so in disproportion- DOUGLAS H. PIERSON, RHODE IS- owned ‘‘vacant’’ land is still available through- ately high numbers during the Vietnam con- LAND’S PRINCIPAL OF THE out Alaska and should be made available for flict. Those who answered the call during the YEAR Alaska Native Vietnam veteran allotments. entire Vietnam conflict should not be penalized My legislation will also expand the military for their service to their country. HON. JAMES R. LANGEVIN service dates to the dates that coincide with My proposed legislation will correct those in- OF RHODE ISLAND the entire Vietnam era conflict: beginning Au- equities imposed by the last Administration in IN THE HOUSE OF REPRESENTATIVES gust 5, 1964 and ending on May 7, 1975. The allowing all of the Alaska Native Vietnam vet- expansion of military service dates to include erans to apply for their Native allotment under Tuesday, October 16, 2001 all Alaska Natives Vietnam veterans who the Native Allotment Act. I urge America’s Mr. LANGEVIN. Mr. Speaker, I rise today to served in the military during the Vietnam con- support of this legislation and of the Alaska pay tribute to Douglas Pierson, principal of flict is consistent with the federal government’s Native Vietnam veterans who bravely served North Kingstown’s Hamilton Elementary policy of providing benefits to all veterans of this great country during the Vietnam conflict. School who was recently named a National the Vietnam conflict and not just to some of Fulfill our promise to all Alaska Native Vietnam Distinguished Principal by the U.S. Depart- those veterans. This provision also fulfills the veterans and allow them to obtain their Native ment of Education and the National Associa- trust obligation to Alaska Natives. The limited allotment under the Native Allotment Act. tion of Elementary School Principals. military service dates have excluded many f Alaska Native Vietnam veterans who bravely Mr. Pierson was selected for this honor for served during the Vietnam conflict. Never be- IMPORTANCE OF BINATIONAL his outstanding leadership, and inter-personal fore has the United States given veteran land HEALTH WEEK and management skills. Throughout his tenure benefits to only a portion of those who served at Hamilton Elementary, Mr. Pierson has cre- their country. The federal government has HON. GEORGE RADANOVICH ated a trusting environment where students, given public land benefits to all veterans (or teachers, staff, and parents are encouraged to OF CALIFORNIA reflect, learn from their mistakes, and be their widows or heirs) of every war beginning IN THE HOUSE OF REPRESENTATIVES with the Indian Wars of 1790 and ending with thoughtful and creative about every aspect of the Korean conflict in 1955. As Members will Tuesday, October 16, 2001 their educational experience. recall, Alaska Native veterans were not eligible Mr. RADANOVICH. Mr. Speaker, I come be- While Federal officials are just beginning to for these public land benefits until 1924 before the House today to highlight the impor- fully recognize the value of continuous learn- cause the courts had determined Alaska Na- tance of Binational Health Week, BHW, as ing for teachers and staff, Mr. Pierson has tives were not United States citizens. proclaimed by the Fresno California County been encouraging it among his faculty for My legislation will also replace existing use Board of Supervisors. Binational Health Week years. By modeling teaching strategies and and occupancy requirements with legislative takes place this week, October 12–19, and it disseminating research on innovative edu- approval of allotment applications. The provi- marks the beginning of the California-Mexico cation practices, Mr. Pierson has improved in- sion assures the legislative approval process Health Initiative (CMHI) action plan. The CMHI struction for each and every student at Ham- affords due process protections of valid exist- is a cooperative working group between a ilton. It was Mr. Pierson’s leadership that led ing interests in the land a veteran claims. The number of local organizations in the Central Hamilton Elementary to conduct a study of its use and occupancy requirements would be re- Valley, and it works as a cultural bridge be- effectiveness, and it is his guidance that al- placed with legislative approval for several tween migrants’ health needs and available lows time for each teacher to consider his or reasons. First, Congress has made legislative health care services in selected Mexican her instructional methods in light of the study’s approval available to all other allotment appli- states as well as selected regions of Cali- conclusions. cants under 43 U.S.C. Section 1634(a)(1)(A)— fornia. In addition to being an outstanding adminis- [Section 905 of the Alaska National Interest The Binational Health Week promotes and trator, Mr. Pierson is an extraordinary teacher. Lands Conservation Act (ANILCA) which ex- reinforces healthy behavior among migrant From playing the ukulele to demonstrating tends the legislative approval of Native allot- families. It will reinforce California’s vaccina- mime to first-graders to dressing up as ‘‘Zero ments that were pending at the time of pas- tion campaigns by specifically targeting mi- the Hero,’’ complete with tights, a cape and sage of ANILCA]. Second, legislative approv- grant families, and reinforce Mexican vaccina- hood, Mr. Pierson shows that he values stu- als of allotments prevent costly and lengthy tion efforts. BHW will promote flu vaccination dents above all else. adjudication of use and occupancy issues. among high-risk migrant adults and provide Mr. Pierson was selected for this honor from Legislative approval also prevents lengthy migrant families with information on health re- among nominees of schools all over the State. delays that will impede many Alaska Native sources and services available in selected U.S. Education Secretary Rod Paige will rec- Vietnam veteran applicants from ever receiv- counties in California. Finally, healthcare pro- ognize him at a ceremony here in Washington ing land during their lifetime. Third, there are viders will be given an updated directory con- on October 19. I am very much looking for- many Alaska Native Vietnam veterans that taining information on migrant health reward to welcoming Mr. Pierson to our Nation’s could not meet use and occupancy require- sources in California and Mexico and dissemi- Capitol and congratulating him on this impres- ments as a result of their service to their coun- nate current research on migrant health issues sive honor in person. try, One example that illustrates this point is by promoting bilateral collaboration among re- Mr. Speaker, we all know the immense chal- that a deserving Alaska Native Vietnam vet- searchers, health care providers and adminis- lenges associated with true leadership. True eran who was paralyzed during the Vietnam trators to address service gaps and unmet leadership inspires people to be their best, to conflict would be rejected if that veteran was needs. collaborate, and to work together toward long- unable to complete the five years of use of the This first Binational Health Week in Cali- term and often intangible goals. Mr. Douglas claimed land and had not used the land for fornia is conceived as a demonstration project Pierson consistently displays true leadership, five years before the Vietnam conflict. to improve health care for migrants and will and, on behalf of the Second Congressional My legislation addresses the formidable bar- serve as the basis for future bilateral efforts. I District of Rhode Island, I would like to extend riers that deserving Alaska Native Vietnam certainly extend my support for Binational a heartfelt thank you for his efforts.

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A16OC8.008 pfrm02 PsN: E16PT1 E1896 CONGRESSIONAL RECORD — Extensions of Remarks October 16, 2001 HONORING THE BUCKS COUNTY families in their county through their exemplary Ribbon Schools, the real winners are all of the HOUSING GROUP AND BUCKS collaborative efforts. They will continue their children, parents, teachers and citizens who COUNTY COMMUNITY COLLEGE important effort to reach out to many others. have all been challenged through this recogni- (BCCC) STUDENTS IN FREE EN- For this I ask my colleagues to join me in hon- tion to successfully improve education in all of TERPRISE FOR OUTSTANDING oring these two organizations for outstanding their local communities. ACHIEVEMENT OF WHEELZ 2 service to the community. f WORK PROGRAM FOR HOUSING f CLIENTS PATRIOT ACT OF 2001 HONORING BLUE RIBBON SCHOOL SPEECH OF HON. JAMES C. GREENWOOD RECIPIENTS OF PENNSYLVANIA HON. PATSY T. MINK OF HAWAII IN THE HOUSE OF REPRESENTATIVES HON. RANDY ‘‘DUKE’’ CUNNINGHAM OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Tuesday, October 16, 2001 IN THE HOUSE OF REPRESENTATIVES Friday, October 12, 2001 Mr. GREENWOOD. Mr. Speaker, I would Tuesday, October 16, 2001 Mrs. MINK of Hawaii. Mr. Speaker, on Sep- like to take this opportunity to pay tribute to tember 11, 2001 our national tranquility was Mr. CUNNINGHAM. Mr. Speaker, I am the Bucks County Housing Group and the shattered by terrorists dedicated to violence at proud to rise today to recognize that seven Bucks County Community College Students in a scale we have not seen before. All of us blue ribbon schools in my 51st Congressional Free Enterprise for the remarkable achieve- watched in horror as airplanes were used as District of California are being honored as Na- ments of the Wheelz 2 Work Program. This in- weapons of mass murder. tional Blue Ribbon Schools for 2001. novative program provides donated cars to cli- Following the attacks, the administration In alphabetical order, these schools are: ents receiving services through the Bucks warned us that the terrorists operated within Chaparral Elementary School, Poway, CA. County’s Homeless Assistance Program. the United States. The Attorney General came The principal is Holly Brommer, and the super- As many of you are well aware, reliable to Congress and asked for broad powers to intendent of the Poway Unified School District transportation is critical to clients pursuing rout out the terrorists who may remain among is Donald Phillips. education, training, and employment as a us. Del Mar Hills School, Del Mar, CA. The prin- means of securing self-sufficiency and perma- Fear has crept over our nation. Many Ameri- cipal is Gary Wilson, and the superintendent nent housing. The Wheelz 2 Work Program cans across the nation look with suspicion at of the Del Mar Union School District is Thom- fills this need in addition to providing the com- their Muslim and Arab neighbors. People as Bishop. munity a tangible opportunity to be involved in refuse to touch letters from far away countries. Los Penasquitos School, San Diego, CA. a family’s success. The program helps estab- Passengers are denied access to planes be- The principal is Jeffrey King, and the super- lish a long-term solution by providing a key cause they have last names that sound Ara- intendent of the Poway Unified School District element that allows people to maintain em- bic. Mosques and businesses owned by Arab is Donald Phillips. ployment and/or advance in education. American have been attacked by vandals. Olivenhain Pioneer Elementary School, Of significant achievement is the donation of Some Arab Americans have tragically lost Carlsbad, CA. The principal is Emily Andrade, the program’s 100th car this October 2001. their lives in acts of racial hatred. Nancy Lawrence of Pipersville is donating her and the superintendent of the Encinitas Union As legislators, we need to ensure that any 1985 Honda Accord to Housing Group client School District is Doug DeVore. measure designed to strengthen federal inves- Michelle Heintz. Ms. Heintz, a single mother Park Village Elementary School, San Diego, tigative powers do not go too far. We must not with a 3-year-old child, recently graduated CA. The principal is Kathy Cleveland, and the let fear entice us to toss away the civil liberties from a medical assistant training program. superintendent of the Poway Unified School that are the centerpiece of our democratic so- Thanks to the highly successful Wheelz to District is Donald Phillips. ciety. Work Program, Ms. Heintz will now have a re- Solana Highlands School, San Diego, CA. I agree that America must pursue the vil- liable way to get to work. The principal is Brian McBride, and the super- lains who conspired to kill innocent Americans Students in Free Enterprise (SIFE) is a non- intendent of the Solana Beach School District and to bring our country to a grinding halt. But profit organization that gives students the tools is Ellie Topolovac. we must not violate constitutional principles in to learn the free enterprise system in a real Westwood Elementary School, San Diego, our search for the conspirators. working situation. SIFE challenges students on CA. The principal is Suzanne Roy, and the su- The measures included in the USA Act go more than 700 college campuses worldwide to perintendent of the Poway Unified School Dis- too far. We tossed away the bipartisan com- take what their learning in the classroom and trict is Donald Phillips. promise painstakingly passed unanimously by use this knowledge to better local commu- The National Blue Ribbon Schools program the House Judiciary Committee. We were de- nities. Bucks County Community College SIFE evaluates schools based upon their effective- nied legislative due process. The Committee students launched the Wheelz 2 Work in 1995 ness in meeting local, state and national edu- decision was trashed. as an integral part of its community outreach cational goals. In 2001, 264 elementary H.R. 2975 allows law enforcement agencies activities. These students have brought ex- schools are being recognized as National Blue to wiretap and monitor Internet use whenever traordinary energy and leadership to the part- Ribbon Schools, including the seven above in intelligence gathering constitutes a ‘‘significant nership with the Bucks County Housing Group California’s 51st Congressional District, and 43 purpose’’ of the surveillance. We should not on behalf of the agency’s housing clients. in the State of California. Blue Ribbon status expose citizens to invasions of privacy under The Bucks County Housing Group is a pri- is awarded to schools that have strong leader- vague phrases such as ‘‘significant purpose.’’ vate, nonprofit social service agency that pro- ship, clear vision and mission, excellent teach- The bill H.R. 2975 does not include ade- vides comprehensive continuum of housing ing and curriculum, policies and practices that quate safeguards to prevent the government programs for homeless and low-income fami- keep the schools safe for learning, expanded from monitoring the communications of inno- lies throughout Bucks County. Founded in involvement of families, evidence that the cent people. Citizens may be monitored simply 1979 in response to the increase in the num- school helps all students achieve high stand- by using a pay phone frequented by terrorists. ber of homeless families in the county, the ards, and a commitment to share best prac- People may have the shadow of suspicion Housing Group has worked cooperatively with tices with other schools. cast over them by calling a suspected terrorist. both the public and private sectors to develop I am immensely proud of the men and Guilt by association will take us back to the and expand essential services. At present, the women whose outstanding and tireless work in dark days of the baseless inflammatory accu- Housing Group operates four homeless shel- the interest of better education has now been sations made by the House Un-American Ac- ters, two transitional housing programs, a food recognized through the National Blue Ribbon tivities Committee. pantry program and owns and operates three Schools program. This is particularly close to H.R. 2975 gives the Immigration and Natu- apartment complexes. In addition, the agency my heart, because, as a former teacher and ralization Service unchecked ability to detain offers a First-time Homebuyers’ Program and coach, and as a father, one of my passions is aliens for up to seven days without charges. If a Homeowners’ Emergency Mortgage Assist- improving education so that every American the Attorney General continues to detain an ance Program. can have a fighting chance to achieve the individual after seven days, the bill limits the The Bucks County Housing Group and the American dream. suspect’s ability to appeal their detention. BCCC Students in Free Enterprise have sub- And while these seven schools in my district We do not need to expand existing powers stantially improved the quality of life for 100 have now been recognized as National Blue the government has used to detain 698 people

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16OC8.012 pfrm02 PsN: E16PT1 October 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1897 during its terrorist investigations. At least 165 joyed broad bipartisan support from the Judici- The Lithuanian American Community has people have been held for violating immigra- ary Committee and members of the full long remained focused on sharing their cul- tion laws and can be detained indefinitely if House. tural history through events open to the public, the government begins deportation pro- However, in an end run around bipartisan- and educating other citizens of their rich and ceedings. The government does not even ship and the committee process, the House deep culture. They have done an excellent job need to prove that they are suspects. Many majority leadership brought a different and of supporting cultural interaction between the are detained merely because they are material controversial bill to the floor without allowing United States and Lithuania. witnesses. time for committee consideration and without Mr. Speaker, please join me in recognizing The bill H.R. 2975 allows grand jury and even giving Members time to figure out what the 50th anniversary of the Lithuanian Amer- other sensitive information to be shared with the bill does. Actually, this new bill was being ican Community, a great organization that has other agencies. It will allow law enforcement written at the same time that the House was provided support for Lithuanian Americans, and intelligence agencies to share information supposed to be debating the bipartisan PA- and enriched Cleveland with the contribution without a court order. Absent judicial over- TRIOT Act. of their culture and heritage. The new 187-page bill contained some very sight, a key element that prevents significant f abuses of power by our law enforcement distressing provisions. Under current law, agencies is removed. search warrants must include very specific in- TRIBUTE TO HON. ROBERT A. Under H.R. 2975, the government will define formation including what is to be searched, CONTIGUGLIA ‘‘federal terrorism offense’’ as the intent to in- who must cooperate, and who is the target of fluence or affect the conduct of government by the search. A provision in the new bill would HON. JAMES T. WALSH intimidation or coercion, or to retaliate against allow federal investigators to obtain search OF NEW YORK warrants without specifically naming each per- government conduct. This unclear definition IN THE HOUSE OF REPRESENTATIVES may include groups such as Green Peace son who is involved. Another provision would Tuesday, October 16, 2001 along with the terrorists. allow federal authorities to obtain information These measures will take us back to the like credit card numbers and bank account Mr. WALSH. Mr. Speaker, I rise today to time when the FBI and CIA investigated citi- numbers with a subpoena, not a court order, pay tribute to a man who has dedicated his zens such as Martin Luther King and his asso- as is the case under current law. Also, many life to serving our nation, the 25th District of ciates simply because they were deemed a of the provisions that expand the govern- New York, Cayuga County, and the city of Au- threat to the nation. ment’s search and surveillance powers would burn. From the day he enlisted in the U.S. Does anyone want to live in a country not allow Congress to review the new powers Army, until today, as he steps down as Judge where you must hide your thoughts and avoid until 2006. of Cayuga County Surrogate Court, he has ex- associations for fear of becoming tainted as a Yet, instead of bringing up a bipartisan bill emplified nothing but dedication to our country terrorist sympathizer? that has worked its way through the committee and local community. I am honored to con- We must not allow the terrorists to scare us process, the House Majority hastily brought a gratulate and thank the Honorable Robert A. into destroying our cherished values and very large and complicated bill to the floor that Contiguglia for his ongoing support and devo- rights. could have serious consequences for the lib- tion to our community. I urge my colleagues to listen to the voices erties of the American public. Congress must Throughout his distinguished career, Judge of moderation and reason. Do not toss away update its anti-terrorism laws for the 21st cen- Contiguglia has embraced several leadership our sacred civil liberties. tury, however, we must not sacrifice our civil roles with spirit and loyalty. He has served as Vote ‘‘No’’ on H.R. 2975 to protect the con- liberties in a rush to vote on potentially dan- Chairman of the city of Auburn Zoning Board, stitutional principles that have protected the gerous legislation that has not been ade- Cayuga County Supervisor, Chairman of Ca- citizens of this nation for more than 200 years. quately reviewed by lawmakers. yuga County Legislature, Assistant United f f States Attorney for the Northern District of New York, and Assistant Attorney General for PATRIOT ACT OF 2001 HONORING THE 50TH ANNIVER- SARY OF THE LITHUANIAN the State of New York. He has been an attorney for 45 years and practiced law with his fa- SPEECH OF AMERICAN COMMUNITY ther Anthony J. and brother Louis. HON. DIANA DeGETTE HON. DENNIS J. KUCINICH Today we celebrate Judge Contiguglia’s life- OF COLORADO time of achievements to express our gratitude OF OHIO IN THE HOUSE OF REPRESENTATIVES for his 23 years of service on the Cayuga IN THE HOUSE OF REPRESENTATIVES County Surrogate Court bench. On behalf of Friday, October 12, 2001 Tuesday, October 16, 2001 the people of the 25th District of New York, I Ms. DEGETTE. Mr. Speaker, I rise to vehe- Mr. KUCINICH. Mr. Speaker, I rise today to am honored to congratulate Judge Contiguglia mently oppose H.R. 3081, the Anti-Terrorism honor the 50th anniversary of the Lithuanian for his well-deserved retirement from public bill. In this time of national emergency, Con- American Community, Inc. on this great day, life, and thank him for his years of service to gress must work to provide law enforcement the 12th of October, 2001. Central New York. We wish him and his family with the necessary capabilities to fight terror- The Lithuanian American Community cele- the very best. ists in the 21st century. However, Congress brates Lithuanian heritage and provides edu- f must also remember that we are dealing with cational, cultural, and social services to its very precious civil liberties that we must not membership. Founded in 1951, LAC, Inc. has THE MENTAL HEALTH COMMUNITY trample. kept Lithuanian heritage and religious tradi- PARTNERSHIP ACT Today, Congress is considering greatly ex- tions alive in America through its network of panding the power of the federal government Lithuanian Heritage and Language Schools, HON. LYNN C. WOOLSEY to access information and listen to the con- which provide classes to Lithuanian Americans OF CALIFORNIA versations of people in the United States. We of all ages. IN THE HOUSE OF REPRESENTATIVES are considering providing greater authority for In the United States today, there are ap- Tuesday, October 16, 2001 law enforcement to tap phone lines, to track proximately 800,000 people of Lithuanian de- email and internet addresses, and to swap scent. LAC, Inc. offers a variety of services to Ms. WOOLSEY. Mr. Speaker, Sonoma sensitive information. Issues with this mag- Lithuanian Americans. The Human Services County, which I represent, as well as nitude require cautious consideration with Council of the Lithuanian American Commu- Stanislaus County in California, currently face ample time to ponder the consequences. nity provides legal aid, medical assistance, a potential crisis in their mental health commu- After careful deliberation, House Judiciary and other services to Lithuanian Americans nities. In order for these County staffed inpa- Committee on October 11, 2001 passed H.R. across the country. tient psychiatric units to keep their Medicare 2975, the ‘‘Provide Appropriate Tools Re- This organization educates the general pub- provider status, under last year’s HCFA rule, quired to Implement and Obstruct Terrorism lic about Lithuanian heritage and seeks to the hospitals would have to take over employ- (PATRIOT) Act.’’ In fact, the committee recog- spread their rich culture. The Lithuanian Amer- ment of County health care workers who cur- nized the importance of the subject matter and ican Community sponsors events such as folk rently provide the psychiatric care. Today I am the potential consequences of the bill and dances, art and science symposiums, and the- introducing legislation that will enable the hos- passed H.R. 2975 unanimously. This bill en- ater festivals. pitals to keep their Medicare provider status

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16OC8.015 pfrm02 PsN: E16PT1 E1898 CONGRESSIONAL RECORD — Extensions of Remarks October 16, 2001 while allowing the health care workers to re- services, if the health facility is operated or their neighbors, the group developed a stra- main County employees. This is an avenue managed by a state or local government. It’s tegic plan that is now coming to fruition. Under the counties and hospitals currently don’t have a win-win for everyone because it preserves his leadership, the West River Neighborhood under the HCFA rules. Under my bill, every- the rule’s original goal to curb Medicare Association focused their attention on an am- one wins: County employees keep their job abuse, the Norton Center will keep its Medi- bitious plan. Partnering with the City of New status, the hospitals retain their Medicare pro- care provider status, County workers will keep Haven and the Mutual Housing Association of vider status, and Medicare patients will con- their job status, and Medicare and Medicaid Southern Connecticut, the group worked hard tinue to receive the high quality treatment that patients will continue to enjoy access to inpa- on plans for the West River Memorial Park they deserve. tient psychiatric services. Congress should and to rehabilitate housing along George This predicament began when the agency take this opportunity to protect quality jobs and Street—a section of their neighborhood that formerly known as the Health Care Financing provide access to comprehensive health care had lacked attention for years. I had the op- Administration (HCFA) issued the Provider- for our most needy. portunity to work closely with Jerry and his Based Rules (PBR) as part of the ‘‘Outpatient f group to bring federal funding to the West Prospective Payment System’’ final rule last River Memorial Park project and earlier this year. The regulations were issued in an at- HONORING JERRY POOLE ON HIS year, the West River neighborhood Associa- tempt to curb abuses and manipulation in the RECEPTION OF THE DOROTHY tion joined Mutual housing in breaking ground Medicare reimbursement system. However, it RICHARDSON AWARD FOR RESI- on a $1.3 million rehabilitation project on created an unintended consequence for my DENT LEADERSHIP blighted properties. constituents. The commitment and dedication Jerry has The concept behind the PBR was to regu- HON. ROSA L. DeLAURO shown to our community and to the State of late hospital acquisitions of off-site physicians’ OF CONNECTICUT Connecticut is unquestionable. His advocacy offices to ensure these outpatient sites were IN THE HOUSE OF REPRESENTATIVES and strong voice have gone a long way in en- sufficiently integrated with a hospital in order riching the lives of his neighbors and their Tuesday, October 16, 2001 to receive the higher cost-based reimburse- families. I am honored to stand today to join ment available only to hospitals. HCFA’s rule Ms. DELAURO. Mr. Speaker, it is with great with his wife, Joyce, daughter, Summerleigh, also stated that this applied to inpatient serv- pleasure that I rise today to pay tribute to an family, friends, and the New Haven community ices. In effect, the PBR prohibits management outstanding member of the New Haven, Con- in congratulating Jerry Poole on this very spe- companies from employing the health care necticut community and my dear friend, Jerry cial occasion. workers who provide the care at its inpatient Poole. Jerry was recently honored here in f hospital units. While this may seem reason- Washington by the Neighborhood Reinvest- able on the surface, this employment requirement Corporation with the Dorothy Richardson HONORING KAREN MATHEWS’ ment presents a serious problem that HCFA Award for Resident Leadership. RETIREMENT did not intend when it issued the PBR. In the Dorothy Richardson emerged as a commu- case of Sonoma and Stanislaus counties, the nity resident leader in the mid-1960s in re- HON. GARY A. CONDIT counties employ both the management staff sponse to an urban renewal effort that threat- OF CALIFORNIA and the health care workers at local Sutter ened her neighborhood. Her diligent work with IN THE HOUSE OF REPRESENTATIVES hospitals’ inpatient psychiatric units. In my dis- lenders city officials, foundation heads, com- Tuesday, October 16, 2001 trict, Sonoma County currently manages and munity organizers, and her neighbors served Mr. CONDIT. Mr. Speaker, I rise today to employs the staff at the former Oakerest psy- as the vehicle to improve her neighborhood’s honor Karen Mathews on the occasion of her chiatric unit (now the ‘‘Norton Center’’) through housing stock. She later founded the first retirement. a contract with Sutter Medical Center of Santa Neighborhood Housing Service in Pittsburgh First elected Stanislaus County Clerk-Re- Rosa. Preserving this management contract and served as a model for the development of corder in 1990, her retirement on September arrangement between Sutter and the County NHS partnerships across the nation. Each 30, 2001, capped a 17-year career of dedi- is critical because current County health care year the Neighborhood Reinvestment Corpora- cated public service. Perhaps most compelling workers have the necessary expertise to de- tion honors individuals who reflect the char- is the price she paid for that public service. liver this specialized type of care to patients. acter and spirit of Dorothy Richardson. Jerry is In 1994, tax protesters assaulted Karen in My bill will allow this type of public-private one of only nine selected from thousands of her home because of her refusal to file fraudu- management contract arrangement to continue volunteers in the 1,800 communities across lent tax liens against local officials. Earlier, she without threatening a hospital’s Medicare pro- the country served by the NeighborWorks net- had been subjected to repeated threats of vio- vider status. work of nonprofit organizations for this pres- lence but not once, for one moment, did she In accordance with the PBR, the Norton tigious national recognition. succumb to these threats. Center can meet the seven requirements that Jerry has been the Executive Director of Nine people were subsequently indicted by demonstrate it is an integrated part of the New Haven’s Opportunities Industrialization a federal grand jury, tried, and on May 1, Hospital. However, it cannot meet HCFA’s ad- Centers of America for the last fifteen years. 1997, convicted of conspiracy and obstruction ditional requirements for entities operating He has dedicated his professional career to of the Internal Revenue Service, assault on an through management contracts. Unless it can ensuring that the unemployed find work. His elected official and federal racketeering. This comply with all the regulations, the Norton incredible dedication has opened up employ- trial signified the first prosecution of a sexual Center will not receive any reimbursement ment opportunities for thousands throughout assault on an elected official by an anti-gov- under the Medicare and Medicaid programs. If Greater New Haven. In addition to his profes- ernment splinter group. Sentencing ranged the Norton Center has to forfeit its role as a sional career, Jerry has spent innumerable from six months in-home detainment, to ap- Medicare and Medicaid provider, it may have hours working with his neighbors and commu- proximately seven years in federal prison. On to stop providing services altogether since it nity leaders to change the face of the West November 10, 1997, Roger Steiner, the assail- serves a high percentage of Medicare and River neighborhood—giving residents a re- ant, was convicted and sentenced to 21 years, Medicaid beneficiaries. HCFA’s recommenda- newed sense of pride and hope in this com- 10 months in federal prison. tion is that entities in violation of the manage- munity. Karen is the chairwoman of a special comment contract requirements just employ the A dynamic neighborhood leader, Jerry’s vi- mittee formed by the California State Record- County health care workers directly. This is sion and tenacity has not only made a real dif- er’s Association to develop legislation to pro- not a realistic remedy for Sonoma County be- ference in the West River Neighborhood but tect recorders dealing with threatening anti- cause it would result in the termination of ap- across the State of Connecticut. It was only government criminal extremists. Karen was in- proximately 60 County employees. That’s why eight short years ago that he joined the West strumental in the passage of legislation, result- I am pleased to offer the ‘‘Mental Health Com- River Neighborhood Association, a group of ing in two California laws; one to protect public munity Partnership Act,’’ because I agree that residents dedicated to improving their commu- officials from general threats and harassment; the regulations were never intended to elimi- nity. When they first started, the Association and the other to expedite court resolution of nate this form of public-private management was a group of neighbors who met regularly at frivolous documents. contract arrangements or threaten access to each others homes and never had much more She has testified twice before congressional essential health care services. Specifically, than one hundred dollars in their checking ac- committees regarding domestic terrorism. She this bill allows a hospital to contract with a count. Based on Jerry’s simple belief that resi- is now working to pass federal legislation pro- public entity to provide inpatient psychiatric dents should give ten percent of their time to tecting victims from frivolous lawsuits brought

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16OC8.019 pfrm02 PsN: E16PT1 October 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1899 by inmates. Over the past three years she has of Our Lady of Grace Church. This church has to oppress and to rule other nations. And it been featured on NBC Dateline, periodicals served the community of Hoboken, New Jer- is no exaggeration of historical judgment to such as People, The New York Times, sey for many generations. The church will cel- say that without this building, and those who worked here, those two regimes would Klanwatch, and a soon to be published article ebrate its anniversary on Saturday, October not have been stopped or thwarted in their in The Ladies Home Journal. With this expo- 20, 2001, at the Casino-In-The-Park Res- oppression of countless millions. sure, she hopes to help educate America on taurant in Jersey City, New Jersey. But just as those regimes sought to rule the danger and cowardice of anti-government Our Lady of Grace Church is one of the and oppress, others in this century seek to extremists. largest Roman Catholic Churches in New Jer- do the same by corrupting a noble religion. I want to commend and recognize Karen sey. It was founded in 1851. Today, Our Lady Our President has been right to see the simi- Mathews for her courage and outstanding of Grace Church stands as the focal point of larity—and to say that the fault, the evil is service and dedication to the citizens of the same. It is the will to power, the urge to Hoboken’s Church Square Park. Its corner- dominion over others, to the point of op- Stanislaus County. It is a privilege to call her stone was laid in 1875, construction of this pressing them, even to taking thousands of my friend and I ask my colleagues to rise and grand edifice was completed in 1878 and innocent lives—or more. And that this op- join me in honoring her as she retires from dedicated by Bishop Corrigan. pression makes the terrorist a believer—not public life. Francis G. Himpler, a well-known 19th Cen- in the theology of God, but the theology of f tury architect, designed this grand gothic self—and in the whispered words of tempta- structure. After the church dedication in 1878, tion: ‘‘Ye shall be as Gods.’’ HISPANIC HERITAGE MONTH In targeting this place, then, and those members of the Italian and French royal fami- who worked here, the attackers, the HON. CHARLES B. RANGEL lies donated ceremonial works of art to deco- evildoers correctly sensed that the opposite rate this magnificent dwelling. of all they were, and stood for, resided here. OF NEW YORK This Church is well known for its kindness, Those who worked here—those who on IN THE HOUSE OF REPRESENTATIVES charity, and for its involvement in the parish. Sept. 11 died here—whether civilians or in Tuesday, October 16, 2001 Our Lady of Grace Church stands poised to uniform,—side by side they sought not to continue to make invaluable contributions to rule, but to serve. They sought not to op- Mr. RANGEL. Mr. Speaker, I rise today to press, but to liberate. They worked not to emphasize the importance of Hispanic Herit- the ongoing success of the Hoboken commu- take lives, but to protect them. And they age Month, September 15th–October 15th. A nity. tried not to preempt God, but see to it His culture that began over 500 years ago as a fu- Today, I ask my colleagues to join me in creatures lived as He intended—in the light sion between Spanish and indigenous soci- honoring Our Lady of Grace Church on its and dignity of human freedom. eties across the Americas, the Hispanic com- 150th Anniversary. Our first task then is to remember the fall- munity has helped forge our Nation’s identity en as they were—as they would have wanted f to be remembered—living in freedom, blessed and today the Latino population is the largest by it, proud of it and willing—like so many minority group in the United States. The His- REMARKS OF SECRETARY OF DEFENSE DONALD RUMSFELD others before them, and like so many today, panic community enriches the ethnic diversity to die for it. that makes our Nation unique, contributing And to remember them as believers in the greatly to the cultural, artistic, economic and HON. IKE SKELTON heroic ideal for which this nation stands and political life of this country. OF MISSOURI for which this building exists—the ideal of Like many other immigrants who came to service to country and to others. IN THE HOUSE OF REPRESENTATIVES Beyond all this, their deaths remind us of this country in pursuit of the American dream, Tuesday, October 16, 2001 a new kind of evil, the evil of a threat and Hispanics have struggled to overcome adver- menace to which this nation and the world sity, fighting stereotypes and discrimination. Mr. SKELTON. Mr. Speaker, I am proud to has now fully awakened, because of them. This battle has not been easy and I salute all share with the Members of the House the ex- In causing this awakening, then, the ter- those that have worked to advance the pros- cellent remarks of Secretary of Defense Don- rorists have assured their own destruction. perity of our Latino population. While this fight ald H. Rumsfeld yesterday at the Memorial And those we mourn today, have, in the mo- is far from over, we can see the results of our Service in Remembrance of Those Lost on ment of their death, assured their own tri- efforts throughout the Country, beginning with September 11th. The fine statement is set umph over hate and fear. For out of this act forth as follows: of terror—and the awakening it brings—here our Congress. Today, I am joined by a con- and across the globe—will surely come a vic- stantly growing number of Hispanic col- We are gathered here because of what hap- tory over terrorism. A victory that one day leagues, each with a strong work ethic and pened here on September 11th. Events that may save millions from the harm of weapons committed to public service and the preserva- bring to mind tragedy—but also our grati- of mass destruction. And this victory—their tion of our democracy. tude to those who came to assist that day victory—we pledge today. At home in New York City, I am proud to and afterwards, those we saw at the Pen- But if we gather here to remember them— tagon site everyday—the guards, police, fire represent a district that reflects a cultural mo- we are also here to console those who shared and rescue workers, the Defense Protective their lives, those who loved them. And yet, saic of Hispanic groups such as people of service, hospitals, Red Cross, family center Puerto Rican, Dominican, Mexican and Cuban the irony is that those whom we have come professionals and volunteers and many oth- to console have given us the best of all con- heritage. The influence of Latin culture is seen ers. solations, by reminding us not only of the throughout the streets of Upper Manhattan And yet our reason for being here today is meaning of the deaths, but of the lives of from Washington Heights to El Barrio. It is an something else. their loved ones. essential part of the cultural Mecca that de- We are gathered here to remember, to con- ‘‘He was a hero long before the eleventh of fines the 15th congressional district and I am sole and to pray. September,’’ said a friend of one of those we To remember comrades and colleagues, honored to speak for one of the Nation’s most have lost—‘‘a hero every single day, a hero friends and family members—those lost to us to his family, to his friends and to his profes- distinct groups. on Sept. 11th. More than our fellow citizens, Latinos are sional peers.’’ We remember them as heroes. And we are A veteran of the Gulf War—hardworking, our brothers and sisters. I would like to honor right to do so. They died because—in words who showed up at the Pentagon at 3:30 in the and thank the entire Hispanic community its of justification offered by their attackers— morning, and then headed home in the after- contributions to the past, present, and future they were Americans. They died, then, be- noon to be with his children—all of whom he of the United States. cause of how they lived—as free men and loved dearly, but one of whom he gave very women, proud of their freedom, proud of f special care, because she needs very special their country and proud of their country’s care and love. IN HONOR OF THE 150TH ANNIVER- cause—the cause of human freedom. About him and those who served with him, SARY OF THE PARISH CHURCH And they died for another reason—the sim- his wife said: ‘‘It’s not just when a plane hits OF OUR LADY OF GRACE ple fact they worked here in this building— their building. They are heroes every day.’’ the Pentagon. ‘‘Heroes every day.’’ We are here to affirm It is seen as a place of power, the locus of that. And to do this on behalf of America. HON. ROBERT MENENDEZ command for what has been called the great- And also to say to those who mourn, who OF NEW JERSEY est accumulation of military might in his- have lost loved ones: Know that the heart of IN THE HOUSE OF REPRESENTATIVES tory. And yet a might used far differently America is here today, and that it speaks to Tuesday, October 16, 2001 than the long course of history has usually each one of you words of sympathy, consola- known. tion, compassion and love. All the love that Mr. MENENDEZ. Mr. Speaker, I rise today In the last century, this building existed to the heart of America—and a great heart it to honor and celebrate the 150th Anniversary oppose two totalitarian regimes that sought is—can muster.

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A16OC8.022 pfrm02 PsN: E16PT1 E1900 CONGRESSIONAL RECORD — Extensions of Remarks October 16, 2001 Watching and listening today, Americans tainty for many of our nation’s rural telephone Ms. Cruz will be awarded the James Smithson everywhere are saying: I wish I could be companies as they continue their efforts to Bicentennial Medal for her distinguished musi- there to tell them how sorry we are, how bring quality and affordable advanced tele- cal career and invaluable contributions to our much we grieve for them. And to tell them nation’s cultural heritage. The award cere- too, how thankful we are for those they communications services to our communities. loved, and that we will remember them, and I am pleased that this legislation has been en- mony will take place at the Smithsonian Insti- recall always the meaning of their deaths dorsed by the Organization for the Promotion tution in Washington, DC. and their lives. and Advancement of Small Telecommuni- Celia Cruz was born and raised in the Santa A Marine chaplain, in trying to explain cations Companies as well as Sierra Tele- Sua´rez neighborhood of Havana, Cuba. As a why there could be no human explanation for phone Company in my home district. young girl, she spent much of her spare time a tragedy such as this, said once: ‘‘You would More than five years ago, Congress passed entertaining her peers, friends, and neighbors think it would break the heart of God.’’ comprehensive legislation to reform our na- by singing lullabies and melodies. In the We stand today in the midst of tragedy— tion’s telecommunications laws—the Tele- 1940’s, she officially began her musical career the mystery of tragedy. Yet a mystery that by singing on numerous Cuban radio pro- is part of that larger awe and wonder that communications Act of 1996. In crafting this causes us to bow our heads in faith and say legislation, Congress wisely included provi- grams. She expanded her musical aptitude by of those we mourn, those we have lost, the sions which exempt rural telephone compa- studying at Havana’s Conservatory of Music words of scripture: ‘‘Lord now let Thy serv- nies from the collocation, unbundling and re- from 1947 to 1950. ants go in peace, Thy word has been ful- sale obligations imposed upon incumbent local In 1950, Celia Cruz gained international ac- filled.’’ exchange carriers. Congress understood that claim by becoming the lead singer for Cuba’s To the families and friends of our fallen these obligations would not serve the best in- top dance band, La Sonora Matancera. For colleagues and comrades we extend today terests of rural consumers and would deter in- over fifteen years, La Sonora Matancera elec- our deepest sympathy and condolences—and trified sold-out audiences with their vibrant and those of the American people. vestment in high-cost areas that are already challenging to serve due to a lack of econo- catchy Afro-Cuban melodies and rhythms. We pray that God will give some share of Throughout much of her career, Celia Cruz the peace that now belongs to those we lost, mies of scale. to those who knew and loved them in this Mr. Speaker, it is important to note that the has been hailed as the ‘‘Queen of Salsa’’ due life. rural exemption accorded to rural telephone to herr energetic and animated musical per- But as we grieve together we are also companies is not permanent and can be lifted formances. Cruz, a Grammy Award winner thankful—thankful for their lives, thankful by a State commission. Under section 251(f) and Latina musical icon, has enjoyed a dy- for the time we had with them. And proud of the Telecommunications Act, a new entrant namic career that has spanned over five dec- too—as proud as they were—that they lived may make a bona fide request to a State com- ades, recorded countless albums, and has their lives as Americans. often performed with musical great Tito We are mindful too—and resolute that mission to lift a rural ILEC’s exemption. Fol- lowing a 120 day evaluation of the request, a Puente. their deaths, like their lives, shall have Today, I ask my colleagues to join me in meaning. And that the birthright of human State commission may lift the exemption if the honoring Celia Cruz, for her immeasurable freedom—a birthright that was theirs as request from the competing carrier is not contributions throughout her illustrious career. Americans and for which they died—will al- found to be unduly economically burdensome, The James Smithson, Bicentennial Medal ways be ours and our children’s. And through is technically feasible, and is consistent with could not have been awarded to a more de- our efforts and example, one day, the birth- the universal service provisions of the Act. right of every man, woman, and child on serving human being—Celia Cruz, a living leg- earth. I am very concerned, however, that the lift- ing of a rural telephone company exemption end, who continues to inspire the world. f by a State commission currently applies to f both voice grade and advanced services. The CONGRATULATIONS TO THE INTRODUCTION OF THE FAIR current process for evaluating a petition to lift AZERBAIJAN TAX TREATMENT FOR INSUR- a rural exemption provides disincentive for ANCE AGENTS’ TERMINATION small, rural carriers to make costly investment PAYMENTS ACT OF 2001 HON. DAN BURTON in advanced telecommunications service infra- OF INDIANA structure. For these reasons, I am introducing HON. SAM JOHNSON IN THE HOUSE OF REPRESENTATIVES the ‘‘Rural Exemption Enhancement Act. OF TEXAS Tuesday, October 16, 2001 My legislation should not in any way be in- IN THE HOUSE OF REPRESENTATIVES terpreted to be a competing proposal to H.R. Mr. BURTON of Indiana. Mr. Speaker, I 1542, the ‘‘Internet Freedom and Broadband Tuesday, October 16, 2001 would like to present my most sincere con- Deployment Act of 2001’’ passed by the Mr. SAM JOHNSON of Texas. Mr. Speaker, gratulations to President Aliyev on the occa- House Energy and Commerce Committee. I I rise today in order to introduce a small busi- sion of the 10th anniversary of the restoration am proud to be a cosponsor and active sup- ness tax relief measure that will assist thou- of Azerbaijan’s independence. The past sev- porter of that proposal. The bill that I am intro- sands of insurance agents throughout this eral years have proven your nation’s commit- ducing today would simply make it clear that country as they prepare for retirement. ment to democracy, and I encourage you to a request to lift the voice grade exemption Many exclusive insurance agents who leave continue your efforts aimed at strengthening should be made and evaluated separately or retire from their jobs receive what is known Azerbaijan’s independence, territorial integrity, from the advanced services exemption. as a ‘‘termination payment’’ under a contrac- and sovereignty. We, in the U.S. Congress, Mr. Speaker, this Congress and the Presi- tual agreement with their respective insurance appreciate Azerbaijan’s friendship and sup- dent will spend the remainder of this session companies. These payments are paid for in- port, especially in these times of the inter- developing legislation that is vital to our na- tangible assets, including the agent’s ‘‘book of national campaign against terrorism. Please, tion’s economy and national security. I look business’’ and goodwill, and are usually accept, Mr. President, my best wishes to your- forward to working with my colleagues to spread out over a series of years. self and the Azerbaijani people on this anni- move this legislation forward next year before Currently, there is confusion about the tax versary. the 107th Congress adjourns sine die. treatment of these termination payments, which has caused some IRS field agents to f f question the capital gains treatment of these RURAL EXEMPTION IN HONOR OF CELIA CRUZ, RECIPI- payments. My bill, the ‘‘Fair Tax Treatment for ENHANCEMENT ACT OF 2001 ENT OF THE JAMES SMITHSON Insurance Agents’’ Termination Payments Act BICENTENNIAL MEDAL of 2000,’’ will make it clear that these termi- HON. GEORGE RADANOVICH nation payments are for the sale or other dis- OF CALIFORNIA HON. ROBERT MENENDEZ position of intangible capital assets and there- IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY fore should be subject to capital gains treat- IN THE HOUSE OF REPRESENTATIVES ment. A clarification of current law is needed Tuesday, October 16, 2001 to ensure the correct result and prevent un- Mr. RADANOVICH. Mr. Speaker, I rise Tuesday, October 16, 2001 knowing IRS agents from subjecting innocent today to introduce the ‘‘Rural Exemption En- Mr. MENENDEZ. Mr. Speaker, I rise today insurance agents around the country to attack hancement Act of 2001’’ (REEA). This modest to honor and pay tribute to musical legend and audit on an Issue that has no basis for proposal would ensure greater regulatory cer- Celia Cruz. On Tuesday, October 16, 2001, controversy.

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I urge my colleagues to support my bill and mander, Camp Clark Training Site in Nevada. tack on Kashmir into the RECORD for the infor- work with me to clarify the law to ensure that General Havens then served as Director of mation of my colleagues. insurance agent ‘‘termination payments’’ are Facilities at the Missouri National Guard Head- INDIAN ATTACK ON KASHMIR PROVIDES OPPOR- subject to capital gains treatment for Federal quarters. TUNITY FOR FREEDOM; INDIA IS NOT ONE NA- income tax purposes. In July of 1993, General Havens was ap- TION f pointed Assistant Adjutant General, Army, of Taking advantage of the U.S. war on ter- the Missouri National Guard. He served in this rorism to advance its own agenda, India has PERSONAL EXPLANATION position until 1997 when he was appointed, by begun shelling Azad (Free) Kashmir. This ac- Governor Mel Carnahan, Adjutant General of tion brings the war over Kashmir out into the Missouri National Guard. As the Adjutant the open just as Secretary of State Colin HON. JOHN M. McHUGH Powell is arriving in South Asia. Unfortu- OF NEW YORK General, he was responsible to the Governor nately, there will undoubtedly be casualties, IN THE HOUSE OF REPRESENTATIVES for the command and control of 10,000 Mis- and most of them will be Kashmiris, Sikhs, souri Army and Air National Guard personnel. Tuesday, October 16, 2001 and other minorities. The only party that He was also responsible to the Governor for benefits from this is the Indian government, Mr. MCHUGH. Mr. Speaker, I was called the State Emergency Management Agency which has murdered over 250,000 Sikhs since away from Washington on the evening of Oc- and the Civil Air Patrol. 1984, over 200,000 Christians in Nagaland tober 11th to attend to an ill family member. Mr. Speaker, General Havens has had an since 1947, more than 75,000 Kashmiri Mus- Due to my absence that evening and on Fri- impressive career in the military. As he pre- lims since 1988, and tens of thousands of Dalits (dark-skinned ‘‘Untouchables,’’ the day, October 12, I missed votes on the floor pares for this next stage in his life, I am cer- aboriginal people of South Asia), Tamils, of the House of Representatives, including the tain that my colleagues will join me in wishing Bodos, Assamese, Manipuris, and others. vote on H.R. 2975, the Provide Appropriate General Havens all the best. We thank him for This act by India shows who America’s real Tools Required to Intercept and Obstruct Ter- his 40 years of service to the United States of allies are, and which country is the real sup- rorism (PATRIOT) Act. Had I been present, I America. porter of terrorism. Once again, India is would have voted in support of the legislation claiming that it is going after terrorism, de- f spite India’s own record of terrorism. and its worthy objective of providing law en- INDIA FIRING ON KASHMIR OP- In November 1994, the Indian newspaper forcement officials with additional tools to de- PORTUNITY TO BRING FREEDOM Hitavada reported that the Indian govern- tect, apprehend, and prosecute terrorists. ment paid the late governor of Punjab, TO SOUTH ASIA The horrific events of September 11th have Surendra Nath, approximately $1.5 billion to demonstrated that more needs to be done to organize and support covert state terrorism protect Americans from terrorism. At the same HON. EDOLPHUS TOWNS in Punjab Khalistan, and in Kashmir. The time, my colleagues and I are quite cognizant OF NEW YORK book Soft Target, written by journalists IN THE HOUSE OF REPRESENTATIVES from the Toronto Star and the Toronto of our responsibilities in safeguarding the fun- Globe and Mail, shows that the Indian gov- damental constitutional rights of the American Tuesday, October 16, 2001 ernment blew up its own airliner in 1985, people. The PATRIOT Act recognizes these Mr. TOWNS. Mr. Speaker, last year when killing 329 innocent people. According to concerns and strikes a balance between secu- former President Clinton visited India, 35 India Today, the Indian government created rity enhancements and tools for law enforce- Sikhs were massacred in the village of the Liberation Tigers of Tamil Eelam ment and civil liberties. (LTTE) and put up LTTE leaders in New Del- Chithisinghpora. Two independent investiga- hi’s finest hotel. The LTTE were created to f tions have shown that the Indian government stop a U.S. broadcast tower in Sri Lanka. TRIBUTE TO MAJOR GENERAL carried out this massacre. Now Secretary of Then the Indian government turned on the JOHN D. HAVENS State Powell is visiting India and Indian troops LTTE because the LTTE seeks an inde- are firing on Kashmir. I can’t help but wonder pendent country for Tamils. why the sudden outbreak. It seems odd these The Indian government sentenced Devinder HON. IKE SKELTON incidents occur when American officials visit Singh Bhullar to death because he advocated Khalistan, yet Ribeiro, Ray, K.P.S. Gill, OF MISSOURI the country. Swaran Singh Ghotna, and the other police IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, this could be an opportunity and political officials who committed geno- Tuesday, October 16, 2001 for the people and nations seeking freedom in cide against the Sikhs are not punished. In South Asia. The Council of Khalistan has put June a train carrying Sikh religious pilgrims Mr. SKELTON. Mr. Speaker, let me take out an open letter saying that now is the ideal was attacked by militant Hindu fundamen- this means to congratulate and pay tribute to time for the people of Kashmir, Khalistan, talists. On May 27, several Indian soldiers General John Havens, who recently retired as Nagaland, and the other minority nations of were caught red-handed trying to set fire to the Adjutant General of the Missouri National South Asia to claim their freedom. a Gurdwara and some Sikh homes in Kash- mir. Sikh and Muslim residents of the vil- Guard. He has distinguished himself, the Mis- Clearly, India is taking advantage of the souri National Guard, and our nation with lage overwhelmed the troops and stopped U.S. war on terrorism to advance its own heg- them from carrying out this atrocity. dedicated service. emonic agenda. The fact that Sikhs, Kashmiri A report issued in April by the Movement General Havens began his military career Muslims, and other minorities are going to be Against State Repression (MASR) shows as an ROTC cadet at the Missouri School of casualties of this strategy is apparently of no that India admitted that it held 52,268 polit- Mines, now the University of Missouri-Rolla. importance to them. It’s just another oppor- ical prisoners under the repressive ‘‘Ter- Upon graduation, he was commissioned as a tunity to take down their enemy, Pakistan, rorist and Disruptive Activities Act’’ (TADA). These Sikh political prisoners must Second Lieutenant and attended the Army’s which has been an active supporter and par- engineer school at Fort Belvoir, Virginia. Next, be released immediately. These prisoners ticipant in the U.S. antiterrorist coalition. continue to be held under TADA even though General Havens served as a Platoon Leader America was founded on the idea of free- it expired in 1995. Persons arrested under and Engineer Supply Officer in France and dom. It is that freedom that the terrorists are TADA are routinely re-arrested upon their Assistant S4 at Fort Ord, California. General trying to destroy. One of the best ways to fight release. Cases were routinely registered Havens was then released from active duty in the terrorists is to help spread freedom to new against Sikh activists under TADA in states 1963. corners of the world. other than Punjab to give the police an ex- General Havens’ distinguished career with Mr. Speaker, the time has come to cut off cuse to continue holding them. The MASR the Missouri National Guard began in 1963 as U.S. aid to India in light of its human-rights report quotes the Punjab Civil Magistracy as writing ‘‘if we add up the figures of the last a Platoon Leader in Rolla, Missouri. He held abuses and its opportunistic use of the few years the number of innocent persons the same position in Fredericktown, Missouri, antiterrorist effort to promote its narrow inter- killed would run into lakhs [hundreds of and Salem, Missouri, before serving as a est. It is also time to put the U.S. Congress on thousands.]’’ As General Narinder Singh has Maintenance Officer at Jefferson Barracks, record in support of the freedom movements said, ‘‘Punjab is a police state.’’ U.S. Con- Missouri. General Havens continued to serve around South Asia in the form of a free and gressman Dana Rohrabacher has said that at Jefferson Barracks for 11 years, serving as fair plebiscite on their political status. These for minorities like the Sikhs, the Muslims of Assistant Operations Officer, Construction En- measures will help spread freedom and under- Kashmir, and others, ‘‘India might as well be Nazi Germany.’’ gineer, Engineer Plans Officer, and Facility mine the efforts of the terrorists to destroy our It is not just Sikhs who are being targeted Engineer. The next position General Havens principles. by Indian terrorism. In 1997, a Christian reli- held was Chief Facility Engineer at Nevada, Mr. Speaker, I would like to place the Coun- gious festival was broken up by police gun- Missouri, and was then promoted to Com- cil of Khalistan’s open letter on the Indian at- fire. Since Christmas 1998, Christians have

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A16OC8.031 pfrm02 PsN: E16PT1 E1902 CONGRESSIONAL RECORD — Extensions of Remarks October 16, 2001 been subjected to a reign of terror which has launch a Shantmai Morcha to liberate our A TRIBUTE TO DR. RUTH GRUBER seen the murder of priests, the rape of nuns, homeland. India is not one nation. It has 18 the burning of churches, attacks on Chris- official languages. Let us take this oppor- tian schools and prayer halls, and other inci- tunity to bring freedom to our homeland and HON. NITA M. LOWEY dents carried out by supporters of the pro- all the countries of South Asia. OF NEW YORK Fascist Rashtriya Swayamsewak Sangh IN THE HOUSE OF REPRESENTATIVES (RSS), the parent organization of the ruling Tuesday, October 16, 2001 BJP, which was formed in support of the f Nazis. RSS activists also burned missionary Mrs. LOWEY. Mr. Speaker, I rise in tribute IN REMEMBRANCE OF ROGER to Dr. Ruth Gruber who recently celebrated Graham Staines and his two young sons, HERNON ages 8 and 10, to death while they slept in her ninetieth birthday on September 30th, their jeeps. The killers gathered around the 2001. A courageous leader, devoted humani- jeep chanting ‘‘Victory to Hannuman,’’ a HON. JAMES A. TRAFICANT, JR. tarian, acclaimed journalist, and loving grand- Hindu god. Prime Minister Atal Behari OF OHIO mother, Dr. Gruber’s contribution to New York Vajpayee told an audience in New York last IN THE HOUSE OF REPRESENTATIVES and our nation is immeasurable. year, ‘‘I will always be a Swayamsewak.’’ At the age of 20, Dr. Gruber became the India is also anti-American. According to Tuesday, October 16, 2001 the May 18, 1999 issue of the Indian Express, youngest Ph.D. in the world. That, a remark- the Indian Defense Minister met with the Mr. TRAFICANT. Mr. Speaker, today, I was able achievement in and of itself, was only the Ambassadors from terrorist countries Iraq, deeply saddened to hear of the passing of first of many unprecedented accomplishments. Libya, and Cuba, as well as Red China, Rus- Roger Hernon. In 1944, at the request of then Secretary of sia, and Serbia, to set up a security alliance Roger Hernon was a great American, and is the Interior Harold Ickes, Dr. Gruber was sent ‘‘to stop the U.S.’’ India voted with the dic- to be commended for his accomplishments as on a top secret mission to escort 1,000 refu- tatorships to throw the United States off the UN Human Rights Commission. It votes the city of Warren Fire Chief and City Council- gees from war-torn Europe to America. After against America at the United Nations more man. He leaves behind a wife, Norma; nine safely arriving back in the United States, she often than any country except Cuba. It voted sons; 18 grandchildren; and two great-grand- immediately led the charge to ensure that the to suppress a U.S.-sponsored resolution crit- children. refugees be allowed to stay in the country per- ical of China’s human-rights violations. It Roger first began his firefighting career in manently. was a strong Soviet ally. May of 1960 when he was hired as a Warren Dr. Gruber’s talents as a journalist took her This is an ideal opportunity to begin a to all corners of the globe. She was the first Shantmai Morcha and form a Khalsa Raj firefighter. He was then promoted to fire chief party to achieve independence for Khalistan in 1978. Roger was also a founding member foreign correspondent to enter the Soviet and to liberate the other countries seeking of the Irish Heritage Society, where he earned gulag, an experience which she chronicled in their freedom from Indian occupation. Re- the ‘‘Erin Go Bragh Irishman’’ of the Year her book, I Went to the Soviet Arctic. She vis- member the words of former Akal Takht Award in 1985. Not only did Roger serve his ited Korea and Vietnam to write They Came to Jathedar Professor Darshan Singh: ‘‘If a community as a Warren City Councilman-At- Stay, a book about 10 Korean children who Sikh is not Khalistani, he is not a Sikh.’’ Large, but he also served his country in the had been adopted by families in the United Self-determination is the right of all people States. Through her many books and articles and nations. Korean war where he was awarded the Purple Pro-Khalistan handbills were handed out Heart. Dr. Gruber has been our eyes on the world. at the Golden Temple on June 7 during the Roger Hernon will be sorely missed, and I We are fortunate that she went to places she commemoration of Gallughara Divas and extend my deepest sympathy to his family. knew we needed to see and told such compel- Sant Bhindranwale’s martyrdom. Ajmer ling stories. Singh Lakhowal, the head of the Bharat f In February, CBS will air Haven, a four hour Kisan Union, has called for self-determina- documentary chronicling Dr. Gruber’s exception for the Sikhs. The flame of freedom TRIBUTE TO JUSTICE JAMES H. tional life. At age ninety, she still has plans to bums bright in the hearts of the Sikhs. BRICKLEY When we liberate Khalistan, we will be write more books, although much of her time more respected, appreciated, and understood is spent with her precious grandchildren. It is by Americans and throughout the world. We HON. SANDER M. LEVIN my privilege to thank Dr. Gruber for all she must take this occasion to renew our com- OF MICHIGAN has done for our society, and of course, to mitment to free Khalistan. Every Sikh wish her a happy ninetieth birthday. should put a bumper sticker on his or her car IN THE HOUSE OF REPRESENTATIVES f saying ‘‘INDIA FREE KHALISTAN.’’ This Tuesday, October 16, 2001 sticker is available from this office HONORING THELMA HERMAN In 1947, when India was divided, the cun- Mr. LEVIN. Mr. Speaker, yesterday a me- ning and deceitful Hindu leadership promised morial service was held to honor and remem- that Sikhs would have the glow of freedom ber an exceptional distinguished citizen of our HON. SCOTT McINNIS in Punjab and that no law affecting Sikh State of Michigan. OF COLORADO rights would be passed without Sikh consent. Jim Brickley life’s work spanned all three IN THE HOUSE OF REPRESENTATIVES As soon as the transfer of power had oc- Tuesday, October 16, 2001 curred and India was free, those promises branches of government. Early in his career, were broken. Instead, India began its effort he served as a legislator on the Detroit Com- Mr. MCINNIS. Mr. Speaker, it brings me to wipe out the Sikh people, the Sikh Na- mon Council. He served in the Executive great pleasure to have the opportunity to con- tion, and the Sikh religion. Branch, in state government twice as Lieuten- gratulate Thelma Herman, who recently cele- Sikhs gave over 80 percent of the sacrifices ant Governor and much earlier in the FBI after brated her 103rd birthday. It isn’t often that to free India from the British. At that time, he graduated law school in 1954. His legal ca- one encounters a person with such longevity they were only 1.6 percent of the population. reer encompassed work in early years as an Sikhs are the ones who suffered the most and, according to her friends at Belmont Sen- after the freedom and partition of India. assistant prosecutor, later as a U.S. attorney ior Care, she is still going strong. Fifty percent of the Sikh population had to and at the end of his public career as a Jus- Thelma has spent much of her life living in migrate from the Pakistan side of Punjab to tice and Chief Justice of the Michigan Su- Pueblo, Colorado. As a young adult, she the Indian side of Punjab. Sikhs were pros- preme Court. worked as a telephone operator and at a phar- perous farmers in West Punjab. They lost The public careers of few individuals ever macy. She has outlived both of her siblings their fertile farming land. When they were achieve such a broad scope. What is even and has only one surviving relative. Thelma allotted lands in Indian Punjab, everyone got more remarkable is the talent and integrity cannot quite nail down exactly why she has a cut between 25 and 95 percent of their acre- age. which Jim Brickley brought to each segment of survived so long, but she has always been rel- In a free Khalistan, there will be economic his life’s work. He also brought a decency and atively healthy. Thelma has developed a wide prosperity. The Punjab farmers will be able humanity into public life that reflected his nu- variety of healthy habits throughout her life in- to sell their produce at high prices in the merous, diverse relationships in his private life cluding drinking a glass of water with every international market and buy cheaper fer- cutting across all racial, religious and ethnic meal, taking a walk each day, never snacking tilizers, insecticides, and seeds. Farm lines. between meals and brushing her teeth several produce will not lie in the market for weeks without buyers as it did during the sale of Michigan will miss Jim Brickley. He was an times per day. Her advice to young Americans the rice crop last year. exceptional public servant. We send our deep- today is to be a good citizen. Thelma has We must have a full, free, and fair plebi- est condolences to his wife Joyce Braithwaite been a good role model and citizen who has scite on the status of Khalistan and we must and the entire family. voted nearly her entire life.

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A16OC8.035 pfrm02 PsN: E16PT1 October 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1903

Mr. Speaker, it brings me great pleasure to The primary need of individuals served by FOSSELLA of New York, to introduce the Ter- congratulate Thelma for this phenomenal Northwoods Airlifeline has been organ trans- rorist Response Tax Exemption Act, which achievement. She is an exceptional individual plants, since there is no facility in Upper Michi- would provide our first responders with the tax and I wish her only the best and continued gan to perform this procedure. The service benefits that they deserve for serving on the prosperity. Happy Birthday Thelma! has also met the needs of chronically-ill peo- front lines of our war against terrorism. f ple who cannot afford to fly or drive long dis- As we speak, men and women are putting tances, and it has transported medical patients their lives at risk to fight terrorist threats both OPPRESSION OF AFGHAN WOMEN who are beyond medical help to be with their abroad and at home. For the American military loved ones. personnel who are overseas, the federal gov- HON. EARL F. HILLIARD Bob Larson, a native of Minneapolis, Min- ernment currently excludes from taxable in- OF ALABAMA nesota, and a World War II Navy veteran, took come the salary they receive in any month IN THE HOUSE OF REPRESENTATIVES flying lessons after he left the service and they serve in a combat zone. This is a suitable went to work in Chicago, where he bought his recognition of the increased risk in which they Tuesday, October 16, 2001 first plane in 1958. place themselves to protect our freedoms and Mr. HILLIARD. Mr. Speaker, I rise today to But Bob, along with Ruth, his wife of 57 of the increased burdens on their families express my distress over the oppression of Af- years, who is a registered nurse, eventually given that risk. ghan women. These women, who only won moved back to the North Woods, settling in But, today, we know that the men and their freedom for a few years in all of history, the small town of Witch Lake in the Upper Pe- women who serve as fire, rescue, and police have been driven back into oppression by a ninsula of Michigan. The Larsons shared a personnel can be just as much at risk. Terror- brutal, violent and blindly ignorant regime. dream of forming an air medical service to as- ists have brought the frontlines into our com- Forced by the Taliban out of the schools al- sist friends and neighbors in times of medical munities, and it is these first responders that lowed by former ruler Nur Mohammed Taraki, emergency. are first on the scene, first to assess the situa- women are now uneducated. Women cannot From these two caring, giving, loving individ- tion, and first to respond to the needs of the work, but can be forced to beg for bread. uals Northwoods Airlifeline was born, and it is victims. As the World Trade Center attack has Women are forbidden to sing or listen to still coordinated by Bob today. The organiza- proven, they are just as much in jeopardy of music, and will be viciously beaten if seen in tion recruits volunteer pilots, operates a dis- losing their lives as the soldiers and sailors public with men who are not relatives. Women patching network to receive and fill requests engaged overseas—perhaps even more so as in today’s Afghanistan cannot be treated by a for transportation, and conducts community our military technology advances. They and male doctor., and will be killed if they are education and fund raising programs for its their families deserve the same tax benefits treated by one. The life expectancy of Afghan services. There are no salaried personnel or for serving in terrorist attack zones. women is 43, almost half that of American rental expenses. Pilots and volunteers absorb That is precisely what the Terrorist Re- women. This vicious oppression is not the will fuel costs and other expenses, and all dona- sponse Tax Exemption Act does. It exempts of God or of any decent man. tions go toward the administrative costs of from federal income the basic pay that a uni- Women have been oppressed throughout transporting those in need. formed civilian employee earns for any month the ages by every society on earth, but have The high regard in which the service is held in which they serve the public in a terrorist at- gone a long way toward gaining freedom and can be summed up in the comments of a man tack zone. It provides well-deserved recogni- dignity. Afghanistan’s brutal rulers and their who was flown out of state for a surgical pro- tion of the hard and dangerous work that fundamentalist counterparts in other religions cedure, ‘‘Well, I have met some real-life an- these individuals perform. The Senate com- must not be allowed to destroy the lives, the gels, wings included,’’ he said, ‘‘only their panion bill, S. 1446, has already been en- futures, and the honor of women. wings are attached to the airplanes they fly.’’ dorsed by the Fraternal Order of Police, the This Congress must support these des- Bob Larson is being honored on Oct. 20 by International Association of Fire Chiefs, and perate victims and any counterparts they have Iron Mountain Chapter #44, Order of the East- other organizations that represent our public in any other part of the world. People of faith ern Star, which has selected him as the 13th safety personnel. from every nation and every religion must recipient of the annual Eastern Star Commu- It is not that we anticipate that this tax in- unite to end all use of twisted religious rhet- nity Service Award. The purpose of the award centive will encourage this kind of heroic pub- oric, to oppress any person. We must apply is to recognize an individual, not affiliated with lic service. In fact, we know for a fact that this principle to Afghanistan now, and to our any Masonic or Masonic-related organization, these men and women perform their duties own lives everyday. who has shown unselfish dedication for the out of a sense of honor and an overwhelming desire to help others in need. But, we should f betterment of the community and the world in general. show them our gratitude with more than words TRIBUTE TO BOB LARSON, FOUND- Mr. Speaker, I encourage you and all our of thanks. I encourage my colleagues to join ER OF NORTHWOODS House colleagues to go on the World Wide us in cosponsoring this legislation. AIRLIFELINE Web at www.northwoodsairlifeline.org and f read about the other men and women who make this vital service possible, and read the HONORING THE LIFE OF ANTHONY HON. BART STUPAK T. CAPOZZOLO OF MICHIGAN wonderful stories of the families that North- woods Airlifeline has assisted. IN THE HOUSE OF REPRESENTATIVES We say that dreamers have their heads in HON. SCOTT McINNIS Tuesday, October 16, 2001 the clouds, Mr. Speaker, but maybe it’s up in OF COLORADO Mr. STUPAK. Mr. Speaker, I rise today to the clouds, where Bob Larson spent so much IN THE HOUSE OF REPRESENTATIVES pay tribute to Michigan resident Bob Larson, a time, that one gains the best perspective of Tuesday, October 16, 2001 man who turned his own passion for flying into the world and the place of each individual in Mr. MCINNIS. Mr. Speaker, I would like to a non-profit, lifesaving organization that serves it. So I ask you to join me in celebrating the take this opportunity to honor the life and the Upper Peninsula of Michigan. accomplishments of two dreamers, Bob and memory of Anthony T. ‘‘Capps’’ Capozzolo, a Bob is the prime mover behind Northwoods Ruth Larson, and the wonderful volunteer or- man who always sought to brighten the hori- Airlifeline, an organization of pilots who volun- ganization they have brought into being. zons for others, especially through increasing teer their time and aircraft to help obtain med- f educational opportunities. ical assistance unavailable in Upper Michigan. ON INTRODUCTION OF THE TER- Born at his father’s dairy farm in Pueblo, Since Bob conceived the service in 1989, RORIST RESPONSE TAX EXEMP- Colorado, Capps learned what hard work was Northwoods Airlifeline has flown more than TION ACT at a very early age. At one time, he sold 1,100 missions—all free of charge, Mr. Speak- newspapers while attending school and tend- er—to destinations all around the Midwest. ing to the chores of his family’s farm. Capps Northwoods Airlifeline fills a gap in critical HON. J. RANDY FORBES followed his heart, however, and proved to be OF VIRGINIA services by transporting patients who may be a fantastic dancer. At the age of 18, Capps IN THE HOUSE OF REPRESENTATIVES financially distressed, who may be unable to left Pueblo and joined his brother in California travel by car or commercial transportation, or Tuesday, October 16, 2001 where he pursued his passion for dancing. It who for medical reasons may face severe time Mr. FORBES. Mr. Speaker, tonight, I rise was here that he met his dance partner, The- constraints. with my colleague, Congressman VITO resa Harmon, who would eventually become

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K16OC8.001 pfrm02 PsN: E16PT1 E1904 CONGRESSIONAL RECORD — Extensions of Remarks October 16, 2001 his wife. The couple performed in numerous munity organizations and supporters; and at- ceedings are not part of the public record, and reputable studios like Columbia Pictures and tending several seminars and conferences those being wiretapped never know that such MGM. Capps and Theresa also worked to held by Earth Day USA and the United Na- an order has been granted, and have no way help raise money for charitable contributions. tions Environment Programme. to appeal the court’s decision. Beyond his dancing performances, Capps One Earth One People’s work also includes Presently, a wiretap under FISA can be observed his community whenever he could. He the Youth Cloth Bag Project, which encour- tained if the target is suspected of being an was a charter member of the Assistance ages consumers to use reusable cloth bags agent of a foreign power, without probable League in Palm Springs, California, the Desert when they shop. Just this year, the Youth cause. The bill passed by the House would Hospital Auxiliary and the Opera Guild of the Cloth Bag Project was expanded so that allow a person to be secretly wiretapped Desert to name only a few. Upon the death of schools that sell cloth bags can use the pro- under the easier FISA rules as long as foreign his wife Theresa, he founded a gallery of art ceeds to help preserve wildlife habitats in intelligence is at least one component of the at St. Martin’s Abbey and College in Lacy, Adams County, Ohio and in the Maya Moun- investigation. This means that Americans not Washington. Furthermore, Capps became a tain Marine Corridor in Belize. suspected of being spies can now be placed generous donor to the performing arts at the I have enjoyed meeting with the participants under surveillance as if they are foreign University of Southern Colorado and funded a involved in One Earth One People. It provides agents, without the usual protections of the scholarship and various activities of the Uni- young people with valuable knowledge about Fourth Amendment. So, without probable versity. In August of 1998, his honorable serv- the environment and how to work together as cause, the government would be able to se- ice to others was recognized with the 1998 team players and communicators. It also of- cretly authorize wiretaps to trace the calls Pope John XXIII award offered by the Italian fers hands-on experience in organizing, prob- made to the person being monitored, as well Catholic Federation, which recognizes commu- lem solving, decision making and other impor- as monitor their Internet activity. Although the nity achievements, civic involvement and reli- tant life skills. bill says that the Internet surveillance is limited gious vitality. Mr. Speaker, One Earth One People has to the address visited but not the content, all Mr. Speaker, Anthony Capozzolo was an been an effective organization in the Cin- a government agency has to do to capture honorable man who will be remembered by cinnati area. I hope my colleagues will join me content is to use the Internet address informa- many. At this time, I would like to acknowl- in thanking its members for their dedication to tion gathered and visit the site in question. edge the outstanding contributions that Capps our environment and in congratulating the or- Not only does this allow American intel- made and recognize his selfless acts of kind- ganization on 10 years of community service. ligence agencies to spy on Americans, but the bill authorizes the sharing of information gath- ness. He truly was an example for others to f emulate. I would like to extend my deepest ered with other federal agencies without judi- sympathies to the Capozzolo family during this PATRIOT ACT OF 2001 cial authorization. This means American intel- time of remembrance and I would like them to ligence agencies like the Central Intelligence know that my thoughts and prayers are with SPEECH OF Agency would be able to collect information them now and for years to come. from other agencies about the activities of our HON. GERALD D. KLECZKA citizens. Also, under this bill’s more relaxed f OF WISCONSIN rules, FISA can be used to authorize ‘‘black IN RECOGNITION OF THE ACCOM- IN THE HOUSE OF REPRESENTATIVES bag’’ searches, which would allow the govern- PLISHMENTS OF ONE EARTH Friday, October 12, 2001 ment to secretly enter a person’s home with- ONE PEOPLE ON ITS 10TH ANNI- out their knowledge and remove or copy docu- VERSARY Mr. KLECZKA. Mr. Speaker, on Friday, the ments and other items. House was scheduled to take up H.R. 2975, Another troubling provision grants the au- a bill to give law enforcement greater latitude thority to the secret court established by FISA HON. ROB PORTMAN in finding and combating terrorism. The to allow the Federal Bureau of Investigation to OF OHIO version that was scheduled to come to the obtain individuals’ financial and personal IN THE HOUSE OF REPRESENTATIVES floor was the result of bipartisan negotiations records without that person’s consent or between the Republicans and Democrats on Tuesday, October 16, 2001 knowledge. Because this would be done under the House Judiciary Committee. The Com- the relaxed requirements of FISA, the judge’s Mr. PORTMAN. Mr. Speaker, I rise today to mittee was careful in crafting this bill, since order is sufficient to allow the FBI to obtain recognize One Earth One People, an organi- any effort to give law enforcement these great- personal information without probable cause, zation in Cincinnati, Ohio that will celebrate its er investigatory powers has an impact on the yet another instance where the bill goes 10th Anniversary on October 26, 2001. civil liberties of all Americans. around the Fourth Amendment. One Earth One People was founded by However, Friday morning, the House Rules The bill the House was scheduled to con- Jane Church in October, 1990. Jane continues Committee reported a measure providing for sider would sunset most surveillance provi- to serve as its president, and she has played debate of H.R. 2975 that inserted a substitute sions in 2003, when Congress could review a key role in making this innovative nonprofit measure still warm from printing. With the ex- and then renew these changes if necessary. environmental education organization such a ception of the Members of Congress directly The bill that was actually taken up would sun- success. involved in the substitute’s drafting, the major- set its surveillance provisions in 2004, and The vision of One Earth One People is to ity of the Members of the House had little idea allow the President to further extend the sun- ‘‘network youth around the world via Inter- what the 175 pages of this bill would do to our set provisions by an additional two years, active Telecommunications to prepare them to laws. It is crucial that our legislative branch of which would effectively be a five-year sunset preserve their local and global environment.’’ government has adequate time to scrutinize provision. And, its mission is to work with all sectors and and debate legislation that could have a dras- It has been said that extraordinary times call ethnic groups, ‘‘offering students hands-on tic effect on the privacy and civil rights of our for extraordinary measures. While this may be educational experiences to increase their sci- people. true, it is also true that our civil liberties are entific knowledge, enhance their communica- This bill would dramatically alter our existing what sets America apart from other nations. tion, leadership and other lifelong skills and at- wiretap laws under the Foreign Intelligence Although the House-passed measure con- titudes to protect the environment through Surveillance Act (FISA). FISA sets the bar for tained language to sunset some of the bill’s sharing, cooperation and cultural under- obtaining a wiretap order to investigate foreign provisions, I fear that once this line is crossed, standing.’’ agents much lower than laws governing reg- we will never be able to go back. Without ade- Although One Earth One People is based in ular domestic criminal investigations. In the quate discussion of this bill’s merits and ef- Cincinnati, its work can be seen throughout past, the courts have held that the Fourth fects on our rights, I could not support this Ohio, across our nation and around the world. Amendment’s prohibition on unreasonable measure. I hope that the House-Senate con- Some of its activities and accomplishments in- search and seizure protects our citizens from ference committee will carefully consider the clude: running 21 student workshops in local surveillance without probable cause, except in impact this legislation could have on our lives, elementary, middle and high schools; pub- cases concerning foreign intelligence oper- and make corrections so that I can support the lishing ‘‘The OEOP Newsletter,’’ which is read ations. Surveillance under FISA is granted by final version of this bill that we send to the by over 1,500 area teachers, students, com- a secret court whose decisions and pro- President to become the law of the land.

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\K16OC8.002 pfrm02 PsN: E16PT1 October 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1905 INTEL ACHIEVES ENVIRONMENTAL States Army and from 1967 to 1968 Rich trict Chief Steve Jahnke, say it best: ‘‘That SUCCESS served in active duty in the war in Vietnam. early in the morning, you know there are peo- St. Mary’s Church on Staten Island always ple sleeping in. They had to get them out, so HON. TOM UDALL held a special place in Rich’s heart and he they took a calculated risk. That’s what the OF NEW MEXICO was a member of the church for 20 years. job’s about. We don’t ever go in trying to com- IN THE HOUSE OF REPRESENTATIVES Faith played an integral part for Richard and mit suicide, but we do take calculated risks, his family and they routinely attended services and that’s what Jay did. It’s what all firemen Tuesday, October 16, 2001 for solace. Richard was battling prostate can- do.’’ Mr. UDALL of New Mexico. Mr. Speaker, I cer and his fight proved victorious. He credited Jahnke is survived by his wife, Dawn; am pleased to inform my colleagues that Intel much of this to his faith and his family. daughter, Jayne, 11; son, Hunter, 8; mother, New Mexico has become the first Excellence Mr. Speaker, Rich will always be remem- Katherine; brother, Jeff; and sisters Karen and Award winner as part of my home state’s bered as a man who had a quick smile and a Mary Ann. Green Zia Environmental Excellence program. gentle spirit. His passing leaves an emptiness Mr. Speaker, across our nation every day, This is a significant achievement. in the lives of those who knew and loved him. people like Capt. Jahnke put their lives on the The Green Zia program was launched three Rich will always remain in our hearts and in line. Later this week, I plan to introduce legis- years ago, but no business had ever been our prayers. While the flag of our great nation lation that would help not just the Houston Fire named an Excellence Award winner, which is flies high, the lives of those who were lost in Department, but departments across America the program’s highest honor. For the past two this incident will never be forgotten. I would protect our lives and homes by providing Fed- years, Intel New Mexico had won the pro- like to stand together with this body and offer eral assistance for hiring additional fire fight- gram’s Achievement Award. our deepest sympathies to Richard’s family at ers. This award would not have been possible this time of remembrance. Our thoughts and The SAFER Act of 2001, which would be without the support of every employee of Intel prayers are with them. modeled after the successful Community Ori- New Mexico. Indeed, the company has a fully- f ented Policing Services (COPS), will provide integrated, prevention-based environmental direct funding in the form of grants to States management system in place throughout their HONORING THE LIFE OF HOUSTON or communities for the hiring of additional fire site in New Mexico. Some of the company’s FIRE DEPARTMENT CAPTAIN fighters. It will help fire departments meet in- major environmental achievements include: a JAY JAHNKE dustry minimum standards for staffing and en- water conservation rate of more than 50 per- hance the ability of fire fighters to save lives, cent; a recycling rate of 78 percent for solid HON. GENE GREEN property, and effectively respond to emer- waste with only 22 percent going to a landfill; OF TEXAS gencies. and a 20 percent reduction in volatile organic IN THE HOUSE OF REPRESENTATIVES We can never replace Houston Fire Captain compound emissions from last year. Tuesday, October 16, 2001 Jay Jahnke, loving father and husband, skilled The company also has strong environmental fire fighter, and loyal friend. It is my hope, programs for employees, including commute Mr. GREEN of Texas. Mr. Speaker, I rise though, that we can provide the residents of reduction, recycling, and several volunteer today in honor of the life of Houston Fire De- Houston with a greater level of fire protection, programs in which employees directly con- partment Captain Jay H. Jahnke. A 20-year and prevent incidents like this one from hap- tribute. veteran of the department, Jahnke, aged 40, pening in the future. Mr. Speaker, Intel is one of the largest em- died in the line of duty on the morning of Sat- f ployers in my state, and I am pleased at the urday, October 13, 2001. fine example they have set for other busi- Captain Jahnke and the three other fire HONORING THE 10TH ANNIVER- nesses. The crowning achievement of Intel fighters were attempting to help residents SARY OF ARMENIAN INDEPEND- New Mexico’s efforts in environmental stew- trapped by choking smoke and flames escape ENCE ardship is proving that environmental protec- a fire that had broken out in a high-rise apart- tion is good business, that sound environment building. After carrying over 100 pounds HON. ERIC CANTOR mental practices are good for business, and of equipment up five flights of stairs, in full OF VIRGINIA that the environment is everyone’s business. gear including breathing apparatus, they found IN THE HOUSE OF REPRESENTATIVES f themselves trapped by the blaze. The crew sent in to rescue Capt. Jahnke and his men Tuesday, October 16, 2001 HONORING THE LIFE OF RICHARD were also temporarily trapped by the fury and Mr. CANTOR. Mr. Speaker, recently, Arme- MIUCCIO intensity of this fire before being rescued. nia celebrated its 10th anniversary of inde- While no other fire fighters were killed, several pendence from the Soviet Union. This anniver- HON. SCOTT McINNIS others were injured. sary reminds us of the strong bond that the OF COLORADO Due to the rapid response and quick action people of the United States and Armenia IN THE HOUSE OF REPRESENTATIVES of the Houston Fire Department, only one resi- share. As we grieve for the victims of the ter- dent died in this fire. Three fire fighters and 12 rorist attacks on September 11, so do the Ar- Tuesday, October 16, 2001 residents were hospitalized for smoke inhala- menian people. The Armenian people have Mr. MCINNIS. Mr. Speaker, the vicious at- tion or burns. 300 residents were left home- expressed their solidarity with the American tack unleashed on our country on September less by this fierce blaze. people. Armenian President Robert Kocharian 11, 2001 left tears in many American’s eyes. As the grandson and nephew of fire fighters has offered rescue aid to help in the recovery Many people were victims in this tragedy and myself, I am familiar with the Jahnke name. efforts. Moreover, Armenia has joined with the as the recovery efforts continue, many inno- For many years, Jahnkes have served in the United States and the world in the fight cent citizens are being uncovered amidst the Houston Fire Department with distinction. Cur- against terrorism. bricks and steel of the collapsed buildings. On rently, over a dozen Jahnkes answer the call Earlier this year in a House Resolution, I that day, Richard Miuccio was killed at the and lay their lives on the line as fire fighters. joined with the people of Armenia, the Arme- hands of this terrible and malicious assault. I Numerous other fire fighters are part of the nian Church in America, and His Holiness would like to take a moment to pay tribute and Jahnke extended family through marriage. Karekin II in celebrating the ideals and values recognize the life of Richard. His father, Claude Jahnke, was a District they share with the people of the United Richard was born on May 23, 1946 and was Chief who died of a heart attack while training States. These values are essential to the con- raised on Staten Island in New York. This city for the departmental Olympics. Three uncles, tinued stability and economic prosperity in the served as his residence for his entire life. Thir- former District Chief Marvin ‘‘Roe’’ Jahnke, region. In a letter to President Kocharian of ty-four years ago he married his childhood who died in 1991; retired Assistant Chief Eu- Armenia, President George W. Bush echoed sweetheart, Joyce Black, and they became the gene ‘‘Duke’’ Jahnke; and former District Chief these ideals. President Bush states, ‘‘our proud parents of three children—Owen, Laura in charge of cadet training, and namesake for countries continue to work together to achieve and Thomas. Rich was employed for thirty-five the department’s training center Val Jahnke, our common goal of establishing peace and years with the New York State Department of all protected our community for many years. stability and seeing Armenia prosper. Peace in Taxation and Finance and served as the Audi- Jay Jahnke died doing his job, trying to pro- this region will provide Armenia with great op- tor Supervisor in the last years of his employ- tect and evacuate Houstonians whose lives portunities to ensure the economic prosperity ment. He served honorably in the United were in danger. The words of his cousin, Dis- and security of future generations.’’

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A16OC8.045 pfrm02 PsN: E16PT1 E1906 CONGRESSIONAL RECORD — Extensions of Remarks October 16, 2001 Traces of Armenian heritage are evident in who truly understands the importance of edu- For the students who ran, their lives in dan- the United States and worldwide. Throughout cation. Roberta Barr has spent a majority of ger the United States, and in my state of Virginia, her life dedicated to helping others and ensur- For our president who acts with quiet anger there are multiple monuments, towns, and ing that all who cross her path receive only For astronauts who see dust and fire from mountains celebrating Armenian heritage. One the best education possible. Even after retiring space For each battered, broken, and bloody face of Virginia’s own search and rescue teams from her formal role as an educator, she has For the Muslims who have been beaten by aided the Armenian people during the unfortu- continued in her quest and has remained dili- racists nate earthquake of 1988. gent to helping others. For the FBI, as they search for the terrorists The close bonds between Armenia and the Roberta Barr, now 87, grew up in La Plata For all of America as they watch in horror, United States are constantly being strength- County, Colorado. She graduated from Du- For Britain, as she watches her crippled ened. I am confident that the people of Arme- rango High School in 1931 and went on to re- daughter nia and America will flourish together in the ceive her teaching certificate from Fort Lewis For France, as they stand in a moment of si- spirit of freedom and democracy. College. From 1933 to 1979 Roberta taught at lence For the UN, who condemns such acts of vio- f many different local schools and was appointed Principal of Mason Elementary School lence COMMENDING DELTA AIRLINES in 1962. Roberta returned to school earning a For Iraqis, who have never known freedom Master’s Degree at Western State. She has For the Afghanistans, trusting the men that been retired from teaching for the last 22 lead them HON. CYNTHIA A. McKINNEY For the women there who live in fright, OF GEORGIA years, but continues to contribute to educating For the young men coerced by bin Laden to IN THE HOUSE OF REPRESENTATIVES others in her community. fight Roberta and her husband Robert never had Tuesday, October 16, 2001 For the Pentagon, once thought impen- any children of their own, so after her husband etrable Ms. MCKINNEY. Mr. Speaker, I rise today to passed away she established the Robert and For those trapped in crevices rendered express my admiration to a Good Corporate Roberta Armstrong Barr Foundation. This unreachable Citizen. I would like to call attention to the foundation has been set up to provide up to For the thousands of innocents maimed or thoughtful actions being performed by Delta ten thousand dollars in scholarships each year killed, Airlines in response to the attacks of Sep- to students from the State of Colorado who at- For the pain and suffering New Yorkers feel tember 11, 2001. tend Fort Lewis College or Western College For the rescuers, convinced that hell’s not The airline industry in this country has suf- and plan to become teachers. The foundation this bad, fered a catastrophe with the events of Sep- provides financial assistance to future edu- For the children at home without moms and tember 11, along with the rest of the country. dads cators and is designed so that the funds do For the people who have to clean up the However the tragedy was not a license to treat not diminish, even after Roberta is gone. mess, people poorly. Other airlines ejected pas- Mr. Speaker, I am honored to have this op- For the volunteers who do just as much for sengers from their seats because fellow pas- portunity to recognize Roberta Barr for the sig- less sengers were scared to fly with people of Mid- nificant contributions that she has made to For those so hurt that they can’t see the dle Eastern descent. While others committed educating her community. She has spent her light vicious acts like these, Delta took another life teaching others and through her foundation For the tables with empty seats tonight, road and sent out a memo from the president will now be able to continue her life’s ambition For those who eventually have to go back Fred Reid saying: ‘‘Delta has an uncompro- indefinitely. Her selfless dedication certainly For those who saw the sky turn black. mising policy never to discriminate against deserves the praise and admiration of this For all the world, because we’ve all been af- customers on the basis of race, gender, age, body. fected national origin, disability, sexual orientation, or Because of the attack that could not be de- f similar classifications. The law mandates this flected POEM BY AMY FARLEY We pray for you all, and hold you near policy—discrimination is not only illegal, it is As our hearts ache and our eyes tear wrong and will not be tolerated’’. Because of a few violent people out there If only the rest of this nation’s airline carriers HON. JIM DeMINT Who just by chance caught the US unaware could follow Delta’s lead. OF SOUTH CAROLINA The whole world has been turned upside Instead other airline carriers ignored the law IN THE HOUSE OF REPRESENTATIVES down and punished innocent people just trying to fly And now, nothing seems it will ever be sound Tuesday, October 16, 2001 during a difficult time. But what do you expect So hear this, world, countrymen and foes from airlines that blindly cut jobs and not exec- Mr. DEMINT. Mr. Speaker, I would like to America will not be disrupted by those utive salaries? call to your attention a poem written by one of Who attack viciously in the broad daylight I stand today to commend Delta for the my constituents, Amy Farley. Amy is one of We will not surrender this terrible fight careful cost cutting measures it has taken to the many youth in our nation who are strug- We will punish who did these heinous crimes preserve jobs and morale as the airlines gling to deal with the tragedy surrounding the We will scrape together our nickels and weather these uncertain times. Delta has put September 11 attacks. As the children of dimes So know that we will stand together, the needs of their workers first. No employee today are our nation’s brightest hope for the at Delta will be left out in the cold this winter. With liberty and justice for all .... FOR- future, we should reach out to console them EVER. You can tell a lot about a corporation by the and encourage them to express themselves way they act when the going gets tough. as they cope with these unfamiliar times. I Finally I want to commend Delta for pro- would like to commend Amy and her effort to f viding complimentary tickets to New York City honor and remember the events of September PERSONAL EXPLANATION on behalf of volunteer relief workers who are 11, 2001 by highlighting the poem she sub- giving so much to the recovery effort. Delta mitted to Mauldin High School: has been a true Corporate Good Citizen and HON. NEIL ABERCROMBIE on behalf of a grateful nation we thank you! A POEM OF TRIBUTE .... AND WARNING (By Amy Farley, Age 16, Junior at Mauldin OF HAWAII f High School) IN THE HOUSE OF REPRESENTATIVES HONORING ROBERTA BARR For the mothers, fathers, sisters, and brothers, Tuesday, October 16, 2001 For the colleagues, friends, children, and Mr. ABERCROMBIE. Mr. Speaker, on Fri- HON. SCOTT McINNIS lovers, OF COLORADO For the three brave men of flight 93, day, October 12, 2001 it was unavoidable that IN THE HOUSE OF REPRESENTATIVES For the 200 fighters under Trade Center de- I missed two roll call votes. Had I been bris. present, I would have voted: Roll Call 385— Tuesday, October 16, 2001 For Father Michael, the FDNY chaplain Motion to Recommit H.R. 2975, the anti-ter- Mr. MCINNIS. Mr. Speaker, I would like to For the thousands who will never see our rorism initiative—Yes. Roll Call 386—Passage take this opportunity to recognize a person flag again of H.R. 2975, the anti-terrorism initiative.—No.

VerDate 112000 04:57 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A16OC8.048 pfrm02 PsN: E16PT1 October 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1907 PAYING TRIBUTE TO BECKY nity. It is my privilege to have the opportunity tion, renovating the middle school, building a SMITH to thank her for twelve years of exceptional new high school which included a new athletic service. facility for the students and surrounding com- HON. SCOTT McINNIS Ms. Smith has made considerable efforts to munity. Becky is a role model for others who OF COLORADO support education and children’s athletics both will succeed her on the Board of Education. IN THE HOUSE OF REPRESENTATIVES inside and outside of the classroom. She is a computer teacher in a neighboring school dis- Mr. Speaker, Becky Smith has been a true Tuesday, October 16, 2001 trict and volunteers for numerous school re- asset to the Bayfield Board of Education. Her Mr. MCINNIS. Mr. Speaker, I would like to lated activities while teaching quilting and sew- contributions to education in her community take this moment to acknowledge an extraor- ing classes in her free time. During her tenure and her selflessness deeds will not be forgot- dinary individual who resides in Colorado’s on the Board of Education, Becky has held ten. The Bayfield School District and the sur- Third Congressional District. Becky Smith, several positions and accomplished many ini- rounding communities are grateful for the who will be stepping down from the Board of tiatives. As President, Vice-President and Di- guidance and leadership that she has dis- Education in the Bayfield School District, has rector of the Board, she has helped in acquir- played. I would like to thank Becky and wish dedicated her life to education in her commu- ing funding for a new elementary school addi- her the all the best in her future endeavors.

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HIGHLIGHTS The House agreed to H. Con. Res. 248, expressing the sense of the Con- gress that public schools may display the words ‘‘God Bless America’’ as an expression of support for the Nation. Senate Constance Berry Newman, of Illinois, to be an As- Chamber Action sistant Administrator of the United States Agency Routine Proceedings, pages S10745–S10778 for International Development. Measures Introduced: Seven bills and one resolu- Christopher Bancroft Burnham, of Connecticut, to tion were introduced, as follows: S. 1552–1558, and be Chief Financial Officer, Department of State. S. Con. Res. 79. Page S10769 1 Air Force nomination in the rank of general. Routine lists in the Army, Foreign Service. Foreign Operations Appropriations: Senate con- Pages S10777–78 tinued consideration of the motion to proceed to consideration of H.R. 2506, making appropriations Measures Referred: Page S10768 for foreign operations, export financing, and related Measures Read First Time: Pages S10768, S10776 programs for the fiscal year ending September 30, Executive Communications: Pages S10768–69 2002. Pages S10747–65 A unanimous-consent agreement was reached pro- Additional Cosponsors: Pages S10769–70 viding for further consideration of the motion to Statements on Introduced Bills/Resolutions: proceed to consideration of the bill on Wednesday, Pages S10770–75 October 17, 2001, with a vote on a motion to close Additional Statements: Pages S10767–68 further debate on the motion to proceed to consider- Notices of Hearings/Meetings: Page S10775 ation of the bill to occur at 11 a.m. Pages S10776–77 Nominations Confirmed: Senate confirmed the fol- Authority for Committees to Meet: lowing nominations: Pages S10775–76 Linton F. Brooks, of Virginia, to be Deputy Ad- Adjournment: Senate met at 10 a.m., and administrator for Defense Nuclear Nonproliferation, journed at 5:46 p.m., until 10 a.m., on Wednesday, National Nuclear Security Administration. (New Po- October 17, 2001. (For Senate’s program, see the re- sition) marks of the Acting Majority Leader in today’s William Winkenwerder, Jr., of Massachusetts, to Record on page S10777.) be an Assistant Secretary of Defense. 2 Air Force nominations in the rank of general. Committee Meetings 8 Army nominations in the rank of general. 2 Navy nominations in the rank of admiral. (Committees not listed did not meet) Routine lists in the Air Force, Army, Marine DOD AMMUNITION SECURITY Corps, Navy. Page S10778 Committee on Armed Services: Subcommittee on Readi- Nominations Received: Senate received the fol- ness and Management Support concluded closed lowing nominations: hearings to examine the security of the Department R. David Paulison, of Florida, to be Administrator of Defense ammunition shipments, after receiving of the United States Fire Administration, Federal testimony from Diane K. Morales, Deputy Under Emergency Management Agency. Secretary of Defense for Logistics and Materiel Read- Conrad Lautenbacher, Jr., of Virginia, to be Under iness; Gen. John G. Coburn, USA, Commanding Secretary of Commerce for Oceans and Atmosphere. General, U.S. Army Materiel Command; Lt. Gen. D1022

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Daniel G. Brown, USAF, Deputy Commander in Robert Hessinger and Michael Kenney, both of Chief, U.S. Transportation Command; Maj. Gen. FEMA’s Ohio Task Force One, Kettering. Kenneth L. Privratsky, USA, Commander, Military Traffic Management Command; and Gregory D. BUSINESS MEETING Kutz, Director, Financial Management and Assur- Committee on Health, Education, Labor, and Pensions: ance, and John Ryan, Assistant Director, Office of Committee ordered favorably reported the following Special Investigations, both of the General Account- business items: ing Office. S. 1379, to amend the Public Health Service Act SUPERIOR BANK, HINSDALE, ILLINOIS to establish an Office of Rare Diseases at the Na- Committee on Banking, Housing, and Urban Affairs: tional Institutes of Health, with an amendment in Committee concluded hearings to examine the fail- the nature of a substitute; ure and implications of Superior Bank, FSB, S. 727, to provide grants for cardiopulmonary re- Hinsdale, Illinois, focusing on the need for contin- suscitation (CPR) training in public schools; ued regulatory vigilance, more stringent accounting, H.R. 717, to amend the Public Health Service and capital standards for retained assets, after receiv- Act to provide for research and services with respect ing testimony from Ellen Seidman, Director, Office to Duchenne muscular dystrophy, with an amend- of Thrift Supervision, Department of the Treasury; ment in the nature of a substitute; John Reich, Director, Federal Deposit Insurance Cor- An original bill to provide assistance with respect poration; Bert Ely, Ely and Company, Inc., Alexan- to the mental health needs of individuals affected by dria, Virginia; George G. Kaufman, Loyola Univer- the terrorist attacks of September 11, 2001; and sity School of Business Administration, Chicago, Illi- The nomination of Eugene Scalia, of Virginia, to nois; and Karen Shaw Petrou, Federal Financial Ana- be Solicitor for the Department of Labor. lytics, Inc., Washington, D.C. TRANSPORTATION INFRASTRUCTURE E–911 COMPLIANCE Committee on the Judiciary: Subcommittee on Youth Committee on Commerce, Science, and Transportation: Sub- Violence held hearings to examine the defense of committee on Communications concluded oversight America’s surface transportation infrastructure, focus- hearings to examine the implementation of the ing on analysis to evaluate terrorist threats and in- Wireless Communications and Public Safety Act creased security measures for public transportation, (P.L. 106–81) and the integration of emergency–911 receiving testimony from Mike Parker, Assistant Sec- technologies, after receiving testimony from Thomas retary of the Army for Civil Works; Brian M. Jen- J. Sugrue, Chief, Wireless Telecommunications Bu- kins, RAND Corporation, Santa Monica, California; reau, Federal Communications Commission; Michael Donald E. Brown, University of Virginia School of Amarosa, TruePosition, Inc., New York, New York; Engineering and Applied Science, Charlottesville; Jenny Hansen, Montana State E 9–1–1 Program, Jeffrey K. Beatty, Total Security Services, Inter- Helena; John Melcher, National Emergency Number national, Marrietta, Georgia; and Tony Chrestman, Association, Houston, Texas; Brett Sewell, Ruan Transportation Management Systems, Des SnapTrack, Inc., Campbell, California; and Thomas Moines, Iowa. E. Wheeler, Cellular Telecommunications and Inter- Hearings recessed subject to call. net Association, Washington, D.C. FEMA ATTACK RESPONSE NOMINATION Committee on Environment and Public Works: Com- Committee on Small Business: Committee concluded mittee concluded hearings to review the Federal hearings on the nomination of Thomas M. Sullivan, Emergency Management Agency’s response to the of Massachusetts, to be Chief Counsel for Advocacy, September 11, 2001 attacks on the Pentagon and the Small Business Administration, after the nominee, World Trade Center in coordinating the rescue and who was introduced by Hector V. Barreto, Adminis- recovery effort, and the continuing efforts at both lo- trator, Small Business Administration, testified and cations to coordinate federal relief efforts and to ad- answered questions in his own behalf. minister federal assistance programs, after receiving testimony from Joe M. Allbaugh, Director, Federal CARE FOR VETERANS Emergency Management Agency (FEMA); Edward P. Committee on Veterans’ Affairs: Committee concluded Plaugher, Arlington County Fire Department, Ar- hearings to examine the Department of Veterans Af- lington, Virginia; Jeffrey L. Metzinger, Sacramento fairs’ Fourth Mission, which is to preserve the VA’s Metropolitan Fire District, Sacramento, California, ability to accept military casualties while continuing on behalf of FEMA’s California Task Force 7; and to care for veterans, servicemembers, and the public

VerDate 11-MAY-2000 05:34 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\\D16OC1.REC pfrm02 PsN: D16OC1 D1024 CONGRESSIONAL RECORD — DAILY DIGEST October 16, 2001 following conflicts and crises, after receiving testi- David S. C. Chu, Under Secretary of Defense for Per- mony from Anthony J. Principi, Secretary of Vet- sonnel and Readiness; and Bruce P. Baughman, Di- erans Affairs; Fran Murphy, Deputy Under Secretary rector, Planning and Readiness Division, Readiness, of Veterans Affairs for Health; Claude A. Allen, Response and Recovery Directorate, Federal Emer- Deputy Secretary of Health and Human Services; gency Management Agency. h House of Representatives H. Res. 268, waiving points of order against the Chamber Action conference report on H.R. 2904, making appropria- Measures Introduced: 20 public bills, H.R. tions for military construction, family housing, and 3129–3148; and 2 resolutions, H. Con. Res. 250, base realignment and closure for the Department of and H. Res. 266 were introduced. Pages H6918–19 Defense for the fiscal year ending September 30, Reports Filed: Reports were filed today as follows: 2002 (H. Rept. 107–248). Page H6918 H.R. 1408, to safeguard the public from fraud in Speaker Pro Tempore: Read a letter from the the financial services industry, to streamline and fa- Speaker wherein he appointed Representative Kirk to cilitate the antifraud information-sharing efforts of act as Speaker pro tempore for today. Page H6783 Federal and State regulators, amended (H. Rept. Guest Chaplain: The prayer was offered by the 107–192, Pt. 2); guest Chaplain, His Eminence, Theodore Cardinal H.R. 1552, to extend the moratorium enacted by McCarrick, Archbishop of Washington. Page H6789 the Internet Tax Freedom Act through 2006, amended (H. Rept. 107–240); Recess: The House recessed at 1:12 p.m. and recon- H.R. 2716, to amend title 38, United States vened at 2 p.m. Page H6789 Code, to revise, improve, and consolidate provisions Private Calendar: Agreed to dispense with the call of law providing benefits and services for homeless of the Private Calendar business of Tuesday, Oct. 16. veterans, amended (H. Rept. 107–241, Pt. 1); Page H6789 H.R. 2792, to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs Late Report—Military Construction Conference to make service dogs available to disabled veterans Report: The conferees received permission to have and to make various other improvements in health until midnight to file a conference report on H.R. care benefits provided by the Department of Vet- 2904, making appropriations for military construc- erans Affairs, amended (H. Rept. 107–242); tion, family housing, and base realignment and clo- H.R. 2481, to improve maritime safety and the sure for the Department of Defense for the fiscal year quality of life for Coast Guard personnel, amended ending September 30, 2002. Pages H6789–90, H6831–72 (H. Rept. 107–243); National Council on the Arts: The Chair an- H.R. 3008, to reauthorize the trade adjustment nounced the Speaker’s appointment of Representa- assistance program under the Trade Act of 1974 (H. tives Ballenger and McKeon to the National Council Rept. 107–244); on the Arts. Page H6790 H.R. 3010, to amend the Trade Act of 1974 to Suspensions: The House agreed to suspend the rules extend the Generalized System of Preferences until and pass the following measures: December 31, 2002 (H. Rept. 107–245); Conference report on H.R. Conference report on God Bless America: H. Con. Res. 248, expressing H.R. 2904, making appropriations for military con- the sense of the Congress that public schools may struction, family housing, and base realignment and display the words ‘‘God Bless America’’ as an expres- closure for the Department of Defense for the fiscal sion of support for the Nation (agreed to by a yea- year ending September 30, 2002 (H. Rept. and-nay vote of 404 yeas with 10 voting ‘‘present’’, 107–246); Roll No. 387); Pages H6790–92, H6872 H. Res. 267, waiving points of order against the Tribute to the United States-Australia Relation- conference report on H.R. 2217, making appropria- ship and Recognizing the 50th Anniversary of the tions for the Department of the Interior and related ANZUS Treaty: H. Con. Res. 217, amended, recog- agencies for the fiscal year ending September 30, nizing the historic significance of the fiftieth anni- 2002 (H. Rept. 107–247); and versary of the alliance between Australia and the

VerDate 11-MAY-2000 05:34 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\\D16OC1.REC pfrm02 PsN: D16OC1 October 16, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1025 United States under the ANZUS Treaty, paying mous consent to vacate the earlier ordering of the tribute to the United States-Australia relationship, yeas and nays on the motion to suspend the rules. reaffirming the importance of economic and security Subsequently, the motion was agreed to by voice cooperation between the United States and Australia, vote). Pages H6814–23 and welcoming the state visit by Australian Prime Recess: The House recessed at 5:31 p.m. and recon- Minister John Howard (agreed to by a yea-and-nay vened at 6:33 p.m. Page H6831 vote of 413 yeas to 1 nays, Roll No. 388). Agreed to amend the title; Pages H6792–95, H6873 Order of Business: Agreed that it be in order on Wednesday, October 17 for the Speaker to entertain Assistance to Pakistan: S. 1465, to authorize the a motion to suspend the rules and pass H.R. 3004, President to exercise waivers of foreign assistance re- Financial Anti-Terrirorism Act of 2001, with an strictions with respect to Pakistan through Sep- amendment placed at the desk. Pages H6902–15 tember 30, 2003—clearing the measure for the President; Pages H6795–98 Senate messages: Messages received today from the Senate appear on page 6783. Coral Reef and Coastal Marine Conservation Act of 2001: H.R. 2272, amended, to amend the Referrals: S. 1447 was held at the desk. Foreign Assistance Act of 1961 to provide for debt Quorum Calls—Votes: Three yea-and-nay votes de- relief to developing countries who take action to veloped during the proceedings of the House today protect critical coral reef habitats (agreed to by a and appear on pages H6872, H6873, H6873–74. yea-and-nay vote of 382 yeas to 32 nays, Roll No. There were no quorum calls. 389); Pages H6799–H6803, H6873–74 Adjournment: The House met at 12:30 p.m. and Internet Tax Nondiscrimination Act: H.R. adjourned at 11:59 p.m. 1552, amended, to extend the moratorium enacted by the Internet Tax Freedom Act through 2006. Committee Meetings Agreed to amend the title; Pages H6803–08 ECONOMIC RECOVERY AND Consequences for Juvenile Offenders Act: H.R. ASSISTANCETO WORKERS 863, amended, to provide grants to ensure increased Committee on Education and the Workforce: Held a hear- accountability for juvenile offenders; Pages H6808–13 ing on Economic Recovery and Assistance to Work- Redaction of Financial Disclosure Statements: ers. Testimony was heard from Elaine L. Chao, Sec- H.R. 2336, to make permanent the authority to re- retary of Labor. dact financial disclosure statements of judicial em- WELFARE REFORM ployees and judicial officers; Pages H6813–14 Francis Bardanouve Post Office, Harlem, Mon- Committee on Education and the Workforce: Sub- tana: H.R. 2876, to designate the facility of the committee on the 21st Century Workforce held a United States Postal Service located in Harlem, hearing on Welfare Reform: Success in Moving To- Montana, as the ‘‘Francis Bardanouve United States ward Work. Testimony was heard from public witnesses. Post Office Building;’’ Pages H6823–24 Earl T. Shinhoster Post Office, Decatur, Geor- HEALTH CARE INFLATION—IMPACT gia: H.R. 2261, to designate the facility of the ONTHE FEHBP United States Postal Service located at 2853 Candler Committee on Government Reform: Subcommittee on Road in Decatur, Georgia, asthe ‘‘Earl T. Shinhoster Civil Service and Agency Organization held a hear- Post Office;’’ Pages H6824–27 ing on ‘‘Health Care Inflation and Its Impact on the Congressman Julian C. Dixon Post Office, Los FEHBP.’’ Testimony was heard from William E. Angeles, California: H.R. 2454, amended, to redes- Flynn III, Associate Director, Retirement and Insur- ignate the facility of the United States Postal Service ance Services, OPM; Lawrence Mirel, Commissioner, located at 5472 Crenshaw Boulevard in Los Angeles, Department of Insurance and Securities Regulation, California, as the ‘‘Congressman Julian C. Dixon District of Columbia; former Representative Tom A. Post Office Building.’’ Agreed to amend the title; Coburn, M.D., State of Oklahoma; and public wit- and Pages H6827–31 nesses. Homeless Veterans Assistance: H.R. 2716, NATURAL GAS INFRASTRUCTUREAND amended, to amend title 38, United States Code, to CAPACITY CONSTRAINTS revise, improve, and consolidate provisions of law Committee on Government Reform: Subcommittee on providing benefits and services for homeless veterans Energy Policy, Natural Resources and Regulatory (Representative Smith of New Jersey asked unani- Affairs held a hearing on ‘‘Natural Gas Infrastructure

VerDate 11-MAY-2000 05:34 Oct 17, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\\D16OC1.REC pfrm02 PsN: D16OC1 D1026 CONGRESSIONAL RECORD — DAILY DIGEST October 16, 2001 and Capacity Constraints.’’ Testimony was heard from Patrick Wood III, Chairman, Federal Energy Joint Meetings Regulatory Commission, Department of Energy; from the following officials of the State of California: APPROPRIATIONS—MILITARY Loretta Lynch, President, Public Utilities Commis- CONSTRUCTION sion; and Michael C. Moore, Commissioner, Energy Conferees agreed to file a conference report on the dif- Commission; and public witnesses. ferences between the Senate and House passed versions of H.R. 2904, making appropriations for DEEP CREEK WILDERNESS ACT military construction, family housing, and base re- Committee on Resources: Subcommittee on Forests and alignment and closure for the Department of Defense Forest Health held a hearing on H.R. 2963, Deep for the fiscal year ending September 30, 2002. Creek Wilderness Act. Testimony was heard from f Abigail Kimbell, Acting Associate Deputy Chief, Forest Service, USDA; and public witnesses. COMMITTEE MEETINGS FOR WEDNESDAY, OCTOBER 17, 2001 NATIONAL TRAILS SYSTEM (Committee meetings are open unless otherwise indicated) ACTAMENDMENTS Committee on Resources: Subcommittee on National Senate Parks, Recreation and Public Lands held a hearing Committee on Banking, Housing, and Urban Affairs: to on: H.R. 1963, to amend the National Trails System hold hearings on the nominations of Susan Schmidt Bies, Act to designate the route taken by American soldier of Tennessee, and Mark W. Olson, of Minnesota, each to and frontiersman George Rogers Clark and his men be a Member of the Board of Governors of the Federal during the Revolutionary War to capture the British Reserve System, 9:30 a.m., SD–538. forts at Kaskaskia and Cahokia, Illinois, and Vin- Committee on Commerce, Science, and Transportation: business meeting to consider S. 1550, to provide for rail safe- cennes, Indiana, for the study for potential addition ty and security assistance; the nomination of Phillip to the National Trails System. Testimony was heard Bond, of Virginia, to be Under Secretary of Commerce for from Michael Soukup, Associate Director, Natural Technology; the nomination of John H. Marburger III, of Resource Stewardship and Science, National Park New York, to be Director of the Office of Science and Service, Department of the Interior; and Bob Technology Policy; and pending nominations in the U.S. Coomer, Superintendent of Historic Sites, Historic Coast Guard, 9:30 a.m., SR–253. Preservation Agency, State of Illinois. Committee on Environment and Public Works: to hold hearings on the nomination of William Baxter, of Tennessee, CONFERENCE REPORT— to be a Member of the Board of Directors of the Ten- INTERIORAPPROPRIATIONS nessee Valley Authority; the nomination of Kimberly Terese Nelson, of Pennsylvania, to be an Assistant Ad- Committee on Rules: Granted, by voice vote, a rule ministrator of the Environmental Protection Agency; and waiving all points of order against the conference re- the nomination of Steven A. Williams, of Kansas, to be port to accompany H.R. 2217, making appropria- Director of the United States Fish and Wildlife Service, tions for the Department of the Interior and related Department of the Interior, 9:30 a.m., SD–406. agencies for the fiscal year ending September 30, Committee on Foreign Relations: to hold a closed briefing 2002, and against its consideration. Testimony was on the recent international campaign against terrorism, heard from Representatives Skeen and Dicks. 11 a.m., S–407, Capitol. Full Committee, to hold hearings on the nomination of Brian E. Carlson, of Virginia, to be Ambassador to the CONFERENCE REPORT— Republic of Latvia; the nomination of Joseph M. MILITARYCONSTRUCTION DeThomas, of Pennsylvania, to be Ambassador to the Re- Committee on Rules: Granted, by voice vote, a rule public of Estonia; the nomination of Bonnie McElveen- waiving all points of order against the conference re- Hunter, of North Carolina, to be Ambassador to the Re- port to accompany H.R. 2904, making appropria- public of Finland; the nomination of John Malcolm tions for military construction, family housing, and Ordway, of California, to be Ambassador to the Republic of Armenia; the nomination of John N. Palmer, of Mis- base realignment and closure for the Department of sissippi, to be Ambassador to the Republic of Portugal; Defense for the fiscal year ending September 30, and the nomination of Clifford M. Sobel, of New Jersey, 2002, and against its consideration. The rule pro- to be Ambassador to the Kingdom of the Netherlands, vides that the conference report shall be considered 2:30 p.m., SD–419. as read. Testimony was heard from Representatives Committee on Governmental Affairs: with the Sub- Hobson and Olver. committee on International Security, Proliferation and

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Federal Services, to hold hearings to examine federal ef- Committee on Resources, to mark up the following bills: forts to coordinate and prepare the United States for bio- H.R. 483, regarding the use of the trust land and re- terrorism, 9:30 a.m., SD–342. sources of the Confederated Tribes of the Warm Springs Subcommittee on International Security, Proliferation Reservation of Oregon; H.R. 1491, Utah Public Lands and Federal Services, with the Committee on Govern- Artifact Preservation Act of 2001; H.R. 1913, to require mental Affairs, to hold hearings to examine federal efforts the valuation of nontribal interest ownership of subsurface to coordinate and prepare the United States for bioter- rights within the boundaries of the Acoma Indian Res- rorism, 9:30 a.m., SD–342. ervation; H.R. 2115, to amend the Reclamation Waste- Select Committee on Intelligence: to hold closed hearings to water and Groundwater Study and Facilities Act to au- examine pending intelligence matters, 2:30 p.m., thorize the Secretary of the Interior to participate in the SH–219. design, planning and construction of a project to reclaim Committee on the Judiciary: Subcommittee on Immigra- and reuse within and outside of the service area of the tion, to hold hearings to examine effective immigration Lakehaven Utility District, Washington; and H.R. 2585, controls to deter terrorism, 10:30 a.m., SD–226. Chiloquin Dam Fish Passage Facility Study Act of 2001; House followed by a hearing on H.R. 1239, to establish a moratorium on approval by the Secretary of the Interior of re- Committee on Education and the Workforce, Subcommittee linquishment of a lease of certain tribal lands in Cali- on Select Education, hearing on Prevention and Treat- fornia; and H.R. 2742, to authorize the construction of ment of Child Abuse and Neglect: Policy Directions for a Native American Cultural Center and Museum in Okla- the Future, 10 a.m., 2175 Rayburn. homa City, Oklahoma; 10 a.m., 1324 Longworth. Committee on Energy and Commerce, Subcommittee on Committee on Rules, to consider H.R. 3090, Economic Commerce, Trade and Consumer Protection, hearing on Security and Recovery Act of 2001, 3 p.m., H–313 Cap- the State of the U.S. Tourism Industry, 10 a.m., 2123 itol. Rayburn. Committee on Science, hearing on Cyber Terrorism, a Subcommittee on Health, to mark up H.R. 3046, View from the Gilmore Commission, 10 a.m., 2318 Ray- Medicare Regulatory, Appeals, Contracting, and Edu- burn. cation Reform Act of 2001, 10 a.m., 2123 Rayburn. Committee on Small Business, hearing on ‘‘Depreciation Committee on Financial Services, Subcommittee on Finan- Schedules: How Can Congress Provide Relief for Amer- cial Institutions and Consumer Credit, hearing on deposit ica’s Small Businesses,’’ 2 p.m., 2360 Rayburn. insurance reform, 10 a.m., 2128 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Government Reform, Subcommittee on committee on Aviation, hearing on Restrictions on Gen- Criminal Justice, Drug Policy, and Human Resources, eral Aviation Flying in Class B Airspace, 1:30 p.m., 2167 hearing on ‘‘Keeping a Strong Federal Law Enforcement Rayburn. Work Force,’’ 1 p.m., 2247 Rayburn. Subcommittee on Coast Guard and Maritime Transpor- Subcommittee on Technology and Procurement Policy, tation, hearing on Drug Interdiction, 10 a.m., 2167 Ray- hearing on ‘‘Turning the Tortoise Into the Hare: How Federal Government Can Transition From Old Economy burn. Speed to Become a Model for Electronic Government,’’ 2 Committee on Ways and Means, to mark up the following p.m., 2154 Rayburn. measures: H.R. 2873, Promoting Safe and Stable Families Committee on International Relations, hearing on Coercive Amendments of 2001; and H.R. 3129, Customs Border Population Control in China: New Evidence of Forced Security Act of 2001, 4 p.m., 1100 Longworth. Abortion and Forced Sterilization, 10:30 a.m., 2172 Ray- burn. Joint Meetings Subcommittee on the Middle East and South Asia, Conference: meeting of conferees on H.R. 1, to close the hearing on Developments in the Middle East, 2 p.m., achievement gap with accountability, flexibility, and 2172 Rayburn. choice, so that no child is left behind, 3:30 p.m., Committee on the Judiciary, Subcommittee on Immigra- SD–106. tion and Claims, oversight hearing on Immigration and Joint Economic Committee: to hold hearings to examine Naturalization Service Performance Issues, 10 a.m., 2237 monetary policy in the context of the current economic Rayburn. situation, 10 a.m., 311 Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, October 17 10 a.m., Wednesday, October 17

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of the Con- ation of the motion to proceed to consideration of H.R. ference Report on H.R. 2217, Interior and Related Agen- 2506, Foreign Operations Appropriations, with a vote on cies Appropriations (rule waiving points of order); and a motion to close further debate on the motion to proceed Consideration of H.R. 2904, Military Construction Ap- to consideration of the bill to occur at 11 a.m. propriations (rule waiving points of order).

Extensions of Remarks, as inserted in this issue

HOUSE Hilliard, Earl F., Ala., E1903 Mink, Patsy T., Hawaii, E1896 Johnson, Sam, Tex., E1900 Portman, Rob, Ohio, E1904 Abercrombie, Neil, Hawaii, E1906 Kleczka, Gerald D., Wisc., E1904 Radanovich, George, Calif., E1895, E1900 Burton, Dan, Ind., E1900 Kucinich, Dennis J., Ohio, E1893, E1897 Rangel, Charles B., N.Y., E1899 Cantor, Eric, Va., E1894, E1905 Langevin, James R., R.I., E1895 Serrano, Jose´ E., N.Y., E1894 Condit, Gary A., Calif., E1898 Levin, Sander M., Mich., E1902 Skelton, Ike, Mo., E1899, E1901 Cunningham, Randy ‘‘Duke’’, Calif., E1896 Lowey, Nita M., N.Y., E1902 Stupak, Bart, Mich., E1903 DeGette, Diana, Colo., E1897 McHugh, John M., N.Y., E1901 Towns, Edolphus, N.Y., E1901 DeLauro, Rosa L., Conn., E1898 McInnis, Scott, Colo., E1902, E1903, E1905, E1906, Traficant, James A., Jr., Ohio, E1902 DeMint, Jim, S.C., E1906 E1907 Udall, Tom, N.M., E1905 Forbes, J. Randy, Va., E1903 McKinney, Cynthia A., Ga., E1906 Walsh, James T., N.Y., E1893, E1897 Green, Gene, Tex., E1905 Meehan, Martin T., Mass., E1893 Woolsey, Lynn C., Calif., E1897 Greenwood, James C., Pa., E1896 Menendez, Robert, N.J., E1899, E1900 Young, Don, Alaska, E1894

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