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

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

Vol. 148 WASHINGTON, TUESDAY, APRIL 9, 2002 No. 37 House of Representatives The House met at 2 p.m. and was timents, so that the promised land may S. 1222. An act to redesignate the facility called to order by the Speaker pro tem- bring forth people of promise. For this of the United States Postal Service located pore (Mr. WALDEN of Oregon). will restore around the world hope in at 89 River Street in Hoboken, New Jersey, You, O Lord, now and forever. Amen. as the ‘‘Frank Sinatra Post Office Building’’. f S. 1321. An act to authorize the construc- f tion of a Native American Cultural Center DESIGNATION OF THE SPEAKER THE JOURNAL and Museum in Oklahoma City, Oklahoma. PRO TEMPORE S. 1499. An act to provide assistance to The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The small business concerns adversely impacted fore the House the following commu- Chair has examined the Journal of the by the terrorist attacks perpetrated against nication from the Speaker: last day’s proceedings and announces the United States on September 11, 2001, and to the House his approval thereof. for other purposes. WASHINGTON, DC, April 9, 2002. Pursuant to clause 1, rule I, the Jour- f I hereby appoint the Honorable GREG WAL- nal stands approved. DEN to act as Speaker pro tempore on this Mr. PITTS. Mr. Speaker, pursuant to COMMUNICATION FROM THE day. clause 1, rule I, I demand a vote on CLERK OF THE HOUSE J. DENNIS HASTERT, agreeing to the Speaker’s approval of The SPEAKER pro tempore laid be- Speaker of the House of Representatives. the Journal. fore the House the following commu- f The SPEAKER pro tempore. The nication from the Clerk of the House of question is on the Speaker’s approval Representatives: PRAYER of the Journal. OFFICE OF THE CLERK, The question was taken. The Chaplain, the Reverend Daniel P. HOUSE OF REPRESENTATIVES, Coughlin, offered the following prayer: Mr. PITTS. Mr. Speaker, I object to Washington, DC, March 21, 2002. My sisters and brothers, let us pray the vote on the ground that a quorum Hon. J. DENNIS HASTERT, for peace in the Middle East. is not present and make the point of The Speaker, House of Representatives, Lord God of Passover and Christ’s order that a quorum is not present. Washington, DC. Paschal Mystery, grant peace to the The SPEAKER pro tempore. Pursu- DEAR MR. SPEAKER: Pursuant to the per- ant to clause 8, rule XX, further pro- mission granted in Clause 2(h) of rule II of Israeli and Palestinian peoples. You the rules of the U.S. House of Representa- have told us, ‘‘When you make the two ceedings on this question will be postponed. tives, the Clerk received the following mes- one, you will become the children of sage from the Secretary of the Senate on God; and when you say, ‘Mountain The point of no quorum is considered March 21, 2002 at 12:07 p.m.: move away,’ it will move.’’ withdrawn. That the Senate passed without amend- Deepen faith in You, O Lord, at this f ment H.R. 3986. moment in history; that Your justice PLEDGE OF ALLEGIANCE With best wishes, I am and peace will bless the land that all Sincerely, The SPEAKER pro tempore. Will the MARTHA C. MORRISON, those of Abrahamic faith call holy. gentleman from South Carolina (Mr. Deputy Clerk. Without compromising faith in Your WILSON) come forward and lead the loving providence and faithful to reli- f House in the Pledge of Allegiance. gious practice, may the people of the Mr. WILSON of South Carolina led COMMUNICATION FROM THE Middle East be rooted in the common the Pledge of Allegiance as follows: CLERK OF THE HOUSE purpose and the beauty of human life I pledge allegiance to the Flag of the The SPEAKER pro tempore laid be- revealed in Your holy scriptures. United States of America, and to the Repub- By their faithfulness to the prophetic fore the House the following commu- lic for which it stands, one nation under God, nication from the Clerk of the House of wisdom contained in their respectful indivisible, with liberty and justice for all. Representatives: traditions, lead them to compromise f false expectations, boundaries and even OFFICE OF THE CLERK, the land of faithful parents to bring MESSAGE FROM THE SENATE HOUSE OF REPRESENTATIVES, about the peace and unity promised by A message from the Senate by Mr. Washington, DC, March 22, 2002. Hon. J. DENNIS HASTERT, You, O Lord. Monahan, one of its clerks, announced The Speaker, House of Representatives, May the freedom of Passover and the that the Senate has passed bills of the Washington, DC. new life of Easter end the violence of following titles in which the concur- DEAR MR. SPEAKER: Pursuant to the per- armaments, language, and age-old sen- rence of the House is requested. mission granted in Clause 2(h) of Rule II of

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.

H1093

. H1094 CONGRESSIONAL RECORD — HOUSE April 9, 2002 the Rules of the U.S. House of Representa- tempore WOLF signed the following en- HOUSE OF REPRESENTATIVES, tives, the Clerk received the following mes- rolled bills on Monday, March 25, 2002: OFFICE OF THE DEMOCRATIC LEADER, sage from the Secretary of the Senate on H.R. 2356, to amend the Federal Elec- Washington, DC, April 5, 2002. March 21, 2002 at 5:05 p.m.: Hon. J. DENNIS HASTERT, That the Senate passed without amend- tion Campaign Act of 1971 to provide Speaker, House of Representatives, ment H. Con. Res. 360. bipartisan campaign reform; Washington, DC. With best wishes, I am H.R. 3985, to amend the act entitled DEAR MR. SPEAKER: This is to notify you Sincerely, ‘‘An Act to Authorize the Leasing of formally, pursuant to Rule VIII of the Rules JEFF TRANDAHL, Restricted Indian Lands for Public, Re- of the House of Representatives, that I have Clerk of the House. ligious, Educational, Recreational, been served with a subpoena for testimony f Residential, Business, and other pur- issued by the U.S. District Court for the Dis- trict of Columbia. COMMUNICATION FROM THE poses Requiring the Grant of Long- After consultation with the Office of Gen- CLERK OF THE HOUSE term Leases,’’ approved August 9, 1955, eral Counsel, I have determined that compli- The SPEAKER pro tempore laid be- to provide for binding arbitration ance with the subpoena is consistent with fore the House the following commu- clauses in leases and contracts related the precedents and privileges of the House. nication from the Clerk of the House of to reservation lands of the Gila River Sincerely, Representatives: Indian community; CHRISTOPHER RAYMOND, Staff Assistant. OFFICE OF THE CLERK, H.R. 3986, to extend the period of f HOUSE OF REPRESENTATIVES, availability of unemployment assist- Washington, DC, March 22, 2002. ance under the Robert T. Stafford Dis- COMMUNICATION FROM LEGISLA- Hon. J. DENNIS HASTERT, aster Relief and Emergency Assistance TIVE CORRESPONDENT OF HON. The Speaker, House of Representatives, Act in the case of victims of the ter- NANCY PELOSI, MEMBER OF Washington, DC. rorist attacks of September 11, 2001; CONGRESS DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 2(h) of Rule II of And the following enrolled bills on The SPEAKER pro tempore laid be- the Rules of the U.S. House of Representa- Thursday, March 28, 2002: fore the House the following commu- tives, the Clerk received the following mes- H.R. 1432, to designate the facility of nication from Nathaniel Barr, legisla- sage from the Secretary of the Senate on the United States Postal Service lo- tive correspondent of the Honorable March 22, 2002 at 10:00 a.m.: cated at 3698 Inner Perimeter Road in NANCY PELOSI, Member of Congress: That the Senate passed without amend- Valdosta, Georgia, as the ‘‘Major Lyn ment H.R. 3985. HOUSE OF REPRESENTATIVES, That the Senate passed S. Res. 231. McIntosh Post Office Building;’’ Washington, DC, April 5, 2002. With best wishes, I am H.R. 1748, to designate the facility of Hon. J. DENNIS HASTERT, Sincerely, the United States Postal Service lo- Speaker, House of Representatives, JEFF TRANDAHL, cated at 805 Glen Burnie Road in Rich- Washington, DC. Clerk of the House. mond, Virginia, as the ‘‘Tom Bliley DEAR MR. SPEAKER: This is to notify you f Post Office Building;’’ formally, pursuant to Rule VIII of the Rules of the House of Representatives, that I have COMMUNICATION FROM THE H.R. 1749, to designate the facility of been served with a subpoena for testimony CLERK OF THE HOUSE the United States Postal Service lo- issued by the U.S. District Court for the Dis- The SPEAKER pro tempore laid be- cated at 685 Turnberry Road in New- trict of Columbia. fore the House the following commu- port News, Virginia, as the ‘‘Herbert H. After consultation with the Office of Gen- eral Counsel, I have determined that compli- nication from the Clerk of the House of Bateman Post Office Building;’’ H.R. 2577, to designate the facility of ance with the subpoena is consistent with Representatives: the precedents and privileges of the House. the United States Postal Service lo- OFFICE OF THE CLERK, Sincerely, HOUSE OF REPRESENTATIVES, cated at 310 South State Street in St. NATHANIEL BARR, Washington, DC, March 25, 2002. Ignace, Michigan, as the ‘‘Bob Davis Legislative Correspondent. Hon. J. DENNIS HASTERT, Post Office Building;’’ f The Speaker, House of Representatives, H.R. 2876, to designate the facility of Washington, DC. the United States Postal Service lo- COMMUNICATION FROM STAFF AS- DEAR MR. SPEAKER: Pursuant to the per- SISTANT OF HON. RICHARD A. mission granted in Clause 2(h) of Rule II of cated in Harlem, Montana, as the ‘‘Francis Bardanouve United States GEPHARDT, MEMBER OF CON- the Rules of the U.S. House of Representa- GRESS tives, the Clerk received the following mes- Post Office Building;’’ sage from the Secretary of the Senate on H.R. 2910, to designate the facility of The SPEAKER pro tempore laid be- March 25, 2002 at 11:30 a.m.: the United States Postal Service lo- fore the House the following commu- That the Senate passed without amend- cated at 3131 South Crater Road in Pe- nication from Jama Adams, staff as- ment H.R. 1432. sistant of the Honorable RICHARD A. That the Senate passed without amend- tersburg, Virginia, as the ‘‘Norman ment H.R. 1748. Sisisky Post Office Building;’’ GEPHARDT, Member of Congress: That the Senate passed without amend- H.R. 3072, to designate the facility of WASHINGTON, DC, ment H.R. 1749. the United States Postal Service lo- April, 5, 2002. That the Senate passed without amend- cated at 125 Main Street in Forest City, Hon. J. DENNIS HASTERT, ment H.R. 2577. North Carolina, as the ‘‘Vernon Speaker, House of Representatives, That the Senate passed without amend- Washington, DC. ment H.R. 2876. Tarlton Post Office Building;’’ DEAR MR. SPEAKER: This is to notify you That the Senate passed without amend- And H.R. 3379, to designate the facil- formally, pursuant to Rule VIII of the Rules ment H.R. 2910. ity of the United States Postal Service of the House of Representatives, that I have That the Senate passed without amend- located at 375 Carlls Path in Deer Park, been served with a subpoena for testimony ment H.R. 3072. issued by the U.S. District Court for the Dis- That the Senate passed without amend- New York, as the ‘‘Raymond M. Dow- trict of Columbia. ment H.R. 3379. ney Post Office Building.’’ That the Senate passed without amend- After consultation with the Office of Gen- eral Counsel, I have determined that compli- ment H. Con. Res. 339. f That the Senate passed without amend- ance with the subpoena is consistent with ment H. Con. Res. 361. the precedents and privileges of the House. With best wishes, I am COMMUNICATION FROM STAFF AS- Sincerely, Sincerely, SISTANT OF HON. RICHARD A. JAMA ADAMS, JEFF TRANDAHL, GEPHARDT, MEMBER OF CON- Staff Assistant. Clerk of the House. GRESS f f The SPEAKER pro tempore laid be- APPOINTMENT OF MEMBER TO SO- ANNOUNCEMENT BY SPEAKER PRO fore the House the following commu- CIAL SECURITY ADVISORY TEMPORE nication from Christopher Raymond, BOARD The SPEAKER pro tempore. Pursu- staff assistant of the Honorable RICH- The SPEAKER pro tempore. Without ant to clause 4 of rule 1, Speaker pro ARD A. GEPHARDT, Member of Congress: objection, and pursuant to section 703 April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1095 of the Social Security Act (42 U.S.C. FN MANUFACTURING, A NATIONAL Mr. GIBBONS. Mr. Speaker, yester- 903) as amended by section 103 of Public ASSET day Nevada made history. History, Mr. Law 103–296, the Chair announces the (Mr. WILSON of South Carolina Speaker, because Nevada’s Governor, Speaker’s appointment of the following asked and was given permission to ad- Kenny Guinn, vetoed a Presidential de- member on the part of the House to the dress the House for 1 minute and to re- cision, a decision to ship nuclear waste Social Security Advisory Board to fill vise and extend his remarks.) to the State of Nevada. Almost 2 dec- the existing vacancy thereon: Mr. WILSON of South Carolina. Mr. ades ago when Nevada was given the Mrs. Dorcas R. Hardy, Spotsylvania, Speaker, Operation Anaconda has been right to cast this veto, we were under Virginia. successfully concluded, and while we the impression that a recommendation There was no objection. are thankful for the courage and valor on Yucca Mountain would be based on sound science, assuring the safety and f of our military in the field, we also owe thanks to those Americans who provide security of Nevadans and every Amer- TAX FACTS the weapons our troops need, which ican. made this victory and future victories Instead, the process has been riddled (Mr. PITTS asked and was given per- possible. with bias, and the DOE recommenda- mission to address the House for 1 Last week I toured a national asset tion was based on political expediency. minute and to revise and extend his rein the Second Congressional District of For example, the DOE refuses to ad- marks.) South Carolina, FN Manufacturing of dress the inherent problems that come Mr. PITTS. Mr. Speaker, 6 days from Columbia. This company makes over 75 with transporting the deadliest sub- now millions of Americans will be percent of the machine guns, rifles and stance known to man through 43 States scrambling to get their Federal income other small arms of the U.S. Armed and for 3 decades to come. taxes done. Every year at this time we Mr. Speaker, I applaud Governor Forces. These are the finest infantry are reminded how much of a burden the Guinn’s decision to stand up to the weapons ever made: rugged, dependable American tax payer bears. Here are convoluted mess of special interests and effective. some facts: 10 years ago the IRS said it and corruption that the Department of Five hundred professional South took the average person 91⁄2 hours to Energy refers to as the Yucca Moun- Carolinians, skilled machinists, fab- complete a 1040 form. Today it takes 13 tain project. ricators, designers, and engineers are hours. That is enough time to play four I urge my colleagues to join Nevada’s dedicated to maintaining their world- baseball games. This year it will cost Governor and delegation in opposing a famous high qualities. I met in person Americans about $194 billion just to project that is immeasurably dan- the hard-working FN employees who comply with the tax code, enough to gerous to every American. are making a difference for peace buy 4.7 million brand-new Cadillacs. f The IRS employs over 104,000 people. through strength. 1415 That is four times as many people that America is fortunate to have a prov- b work for the FBI. en supplier whose products are clearly ISRAEL’S RIGHT TO DEFEND Mr. Speaker, if there is a lesson to needed and highly praised by those in ITSELF AGAINST TERRORISM learn from all of this it is this: that harm’s way as we proceed to victory in the war on terrorism. (Mr. PENCE asked and was given per- taxes will keep going up and up if we mission to address the House for 1 do not constantly fight to keep them f minute and to revise and extend his re- down. PENSION REFORM marks.) In 1913, the first year of the Federal Mr. PENCE. Mr. Speaker, I rise today income tax, the top rate was 7 percent (Ms. WOOLSEY asked and was given with a heavy heart, for like millions of and that was the rate for millionaires. permission to address the House for 1 Americans, I pray for the peace of Je- Today the top rate is almost 40 per- minute and to revise and extend her re- rusalem almost every day, for the cent. marks.) peace and security of the Jews and the The American people need more tax Ms. WOOLSEY. Mr. Speaker, as a Christians and the Muslims who call relief, tax reform and IRS reform; and member of the Committee on Edu- this ancient city their home. And, of I urge my colleagues to make this a cation and the Workforce, I can report course, we now know that after 18 priority this year. that the pension reform bill that months of suicide bombings and relent- passed on a partisan vote from our less terrorist attacks, Israel has begun f committee does not help employees. to defend itself, rolling armaments and Instead, big business is allowed to keep CONGRATULATIONS TO ILLINOIS military personnel into the West Bank, a two-tiered pension system, a system and not without results, uncovering 15 HIGH SCHOOL BASKETBALL that protects executives but leaves the TEAMS explosive labs, arresting 600 fugitives employees to fend for themselves; and from crime, and of course, there have (Mr. DAVIS of Illinois asked and was that is wrong. been no recent suicide bombings since given permission to address the House I offered an amendment in com- the incursion. Nevertheless, the Presi- for 1 minute and to revise and extend mittee, Mr. Speaker. That amendment dent of the United States yesterday en- his remarks.) ensures that hard-working Americans couraged Israel to withdraw from the Mr. DAVIS of Illinois. Mr. Speaker, have the same pension protections as West Bank without delay. as we return from recess, all of us saw their company’s executives. Democrats Mr. Speaker, I rise today on behalf of a great deal of basketball; and I want are fighting for employees who work hundreds of thousands of believing to congratulate three outstanding high hard, who play by the rules, who plan Christians and Jews across Indiana, schools in my district for having won their retirement, not punish them. Not and even many Muslims who pray for championships: Westinghouse, State of punish them by allowing executives to the peace of Jerusalem, and say let us Illinois Boys’ Championship; Provi- raise the pension funds and then get off stand with Israel without delay. dence St. Mel, Elite 8 Illinois high scott-free. Let the word go forth from this school regional champions. And I I urge my Republican colleagues to Chamber, to this administration and to might add that 95 percent of all the join us as we fight to enact real pen- the world, that the citizens of this students at this school go to college. I sion reform parity between executives country and the overwhelming major- would also like to give accolades to and their employees. ity of this Congress says America Marshall High School for winning the f stands with Israel. city of Chicago’s girls’ championship f under the leadership of Mr. Pitman and GOVERNOR GUINN’S VETO Dorothy Gaiter, who is the winningest (Mr. GIBBONS asked and was given ANNOUNCEMENT BY THE SPEAKER female basketball coach in the United permission to address the House for 1 PRO TEMPORE States of America. I congratulate all of minute and to revise and extend his re- The SPEAKER pro tempore (Mr. them. marks.) WALDEN of Oregon). Pursuant to clause H1096 CONGRESSIONAL RECORD — HOUSE April 9, 2002 8 of rule XX the Chair will postpone Virginia (Mr. TOM DAVIS) and the gen- MAN), the ranking member, for helping further proceedings today on each mo- tleman from Illinois (Mr. DAVIS) each to bring this important resolution to tion to suspend the rules on which a re- will control 20 minutes. the floor. corded vote or the yeas and nays are The Chair recognizes the gentleman Mr. Speaker, our diversity and our ordered or on which the vote is ob- from Virginia (Mr. TOM DAVIS). tolerance are two uniquely American jected to under clause 6 of rule XX. GENERAL LEAVE values that make this country great. Any record votes on postponed ques- Mr. TOM DAVIS of Virginia. Mr. During these troubled times of ethnic tions will be taken after debate has Speaker, I ask unanimous consent that strife all around the world, these val- concluded on all motions to suspend all Members may have 5 legislative ues are worth reflecting on and hon- the rules, but not before 6:30 p.m. days within which to revise and extend oring in this country. I commend the today. their remarks on the resolution under National Ethnic Coalition of Organiza- f consideration. tions. I urge adoption of this resolu- The SPEAKER pro tempore. Is there tion. RECOGNIZING ELLIS ISLAND objection to the request of the gen- Mr. Speaker, I reserve the balance of MEDAL OF HONOR AND COM- tleman from Virginia? my time. MENDING NATIONAL ETHNIC CO- There was no objection. Mr. DAVIS of Illinois. Mr. Speaker, I ALITION OF ORGANIZATIONS Mr. TOM DAVIS of Virginia. Mr. yield myself such time as I would con- Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I sume. Speaker, I move to suspend the rules may consume. Mr. Speaker, I am pleased to join and agree to the resolution (H. Res. House Resolution 377 recognizes the with the gentleman from Virginia (Mr. 377) recognizing the Ellis Island Medal Ellis Island Medal of Honor and com- TOM DAVIS) in consideration of this res- of Honor and commending the National mends the National Ethnic Coalition of olution. Ethnic Coalition of Organizations. Organizations. This resolution, which recognizes the The National Ethnic Coalition of Or- The Clerk read as follows: Ellis Island Medal of Honor and com- ganizations represents more than 5 mends the National Ethnic Coalition of H. RES. 377 million people and serves as an um- Organizations, NECO, encourages di- Whereas the Ellis Island Medal of Honor, brella group for more than 250 organi- versity and tolerance in American life. established by the National Ethnic Coalition zations. Those groups span the spec- The mission of the NECO is to preserve of Organizations in 1986, pays tribute to individuals of various ethnic origins who have trum of ethnic heritage, culture and re- ethnic diversity, promote equality and distinguished themselves through their con- ligion. The mandate of the Coalition is tolerance, combat injustice and bring tributions to the United States; to preserve ethnic diversity, promote about harmony and unity to all people. Whereas the Ellis Island Medal of Honor equality and tolerance, combat injus- To promote its mission, the NECO has been awarded on a bipartisan basis to 6 tice and bring about harmony and hosts the Ellis Island Medals Awards Presidents and numerous Representatives unity among all people. Gala, which honors Americans of var- and Senators; The Ellis Island Medal of Honor was ious ethnic origins for their out- Whereas the National Ethnic Coalition of established by the National Ethnic Co- standing contributions to this country. Organizations is the largest organization of its kind in the United States, representing alition of Organizations in 1986. It hon- From 1892 to 1954, over 12 million im- more than 5,000,000 family members and serv- ors the many groups who have strug- migrants entered the United States ing as an umbrella group for more than 250 gled and sacrificed to help build this through the portal of Ellis Island, a organizations that span the spectrum of eth- great Nation. Past medal winners in- small island in New York Harbor. Ellis nic heritage, culture, and religion; clude six Presidents: Presidents Clin- Island is located in the upper bay just Whereas the mandate of the National Eth- ton, Bush, Reagan, Carter, Ford and off the New Jersey coast, within the nic Coalition of Organizations is to preserve Nixon. Senators, Congressmen, and shadow of the Statue of Liberty. ethnic diversity, promote equality and toler- Nobel Prize winners are also among the From the very beginning of the mass ance, combat injustice, and bring about har- migration that spanned 1880 to 1924, a mony and unity among all peoples; 1,500 people who have received Ellis Is- Whereas the Ellis Island Medal of Honor is land Medals of Honor. group of politicians and nativists de- named for the gateway through which more The Ellis Island Medal of Honor cele- manded increased restrictions on im- than 12,000,000 immigrants passed in their brates the richness and diversity of migration. Laws and regulations such quest for freedom of speech, freedom of reli- American life. The award honors more as the Chinese Exclusion Act, the Alien gion, and economic opportunity; than just individuals. It honors the Contract Labor Law, and the institu- Whereas the Ellis Island Medal of Honor pluralism and democracy that have en- tion of a literacy test tried to stem the celebrates the richness and diversity of abled our ancestry groups to maintain tide of new immigrants to this coun- American life by honoring not only individ- their identities while becoming inte- try. uals, but the pluralism and democracy that have enabled the Nation’s ancestry groups to gral parts of American life. Ellis Island ceased to be a major maintain their identities while becoming in- By honoring these individuals, we entry point for immigrants in 1921 with tegral parts of the American way of life; honor all those who share their origins. the passage of Quota Laws and in 1924 Whereas during the 15-year history of the We acknowledge the contributions they with the passage of the National Ori- Ellis Island Medal of Honor, more than 1,500 and other groups have made to our gins Act. These restrictions were based individuals from scores of different ethnic country. upon a percentage system according to groups have received the Medal, and more The 2002 Ellis Island Medals of Honor the number of ethnic groups already than 5,000 individuals are nominated each will be awarded on May 11. They will living in the United States as per the year for the Medal; and Whereas at the 2002 Ellis Island Medal of honor those individuals from different 1890 and 1910 Census. Honor ceremony in New York City, individ- ethnic groups who contributed to the It was an attempt to preserve the uals from different ethnic groups will be hon- rescue and recovery efforts stemming ethnic flavor of the ‘‘old immigrants,’’ ored for their contributions to the rescue from September 11. They will also those earlier settlers primarily from and recovery efforts of September 11, 2001, honor those involved in the war northern and western Europe. The per- the war against terrorism, and the enhance- against terrorism and the enhancement ception existed that the newly arriving ment of the Nation’s homeland security: of our Nation’s homeland security. I immigrants, mostly from southern and Now, therefore, be it congratulate this year’s honorees. eastern Europe, were somehow inferior Resolved, That the House of I want to commend the gentleman Representatives— to those who came earlier. (1) recognizes the Ellis Island Medal of from Indiana (Mr. BURTON), chairman It is appropriate then that Congress Honor for acknowledging individuals who of the Committee on Government Re- recognizes organizations like NECO live exemplary lives as Americans; and form, and the gentleman from New and American citizens who recognize (2) commends the National Ethnic Coali- York (Mr. RANGEL) for their sponsor- the importance of preserving ethnic dition of Organizations for its sponsorship of ship of this resolution and for their versity and fostering harmony and the Ellis Island Medal of Honor. support of the Ellis Island Medal of unity among all peoples. The SPEAKER pro tempore. Pursu- Honor. I would also like to thank the Who decides whose identity, culture, ant to the rule, the gentleman from gentleman from California (Mr. WAX- or ethnicity is more important or has April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1097 more value? Who has that authority? Mr. TOM DAVIS of Virginia. Mr. The Chair recognizes the gentleman No one. No human being has that au- Speaker, I urge adoption of this resolu- from Virginia (Mr. TOM DAVIS). thority. tion. GENERAL LEAVE We can, however, embrace our own Mr. Speaker, I have no other speak- Mr. TOM DAVIS of Virginia. Mr. cultures and those that are unknown ers, and I yield back the balance of my Speaker, I ask unanimous consent that and unfamiliar to us. America is a land time. all Members may have 5 legislative of United States and of united peoples The SPEAKER pro tempore. The days within which to revise and extend of various cultures and backgrounds. question is on the motion offered by their remarks on the bill under consid- That is America’s strength and great- the gentleman from Virginia (Mr. TOM eration. est asset, and this resolution recog- DAVIS) that the House suspend the The SPEAKER pro tempore. Is there nizes that. rules and agree to the resolution, H. objection to the request of the gen- It is hard to think of Ellis Island at Res. 377. tleman from Virginia? any time without thinking of the The question was taken. There was no objection. words of Emma Lazarus when she The SPEAKER pro tempore. In the Mr. TOM DAVIS of Virginia. Mr. wrote, Give me your tired, your opinion of the Chair, two-thirds of Speaker, I yield myself such time as I huddled masses, teeming to be free. those present have voted in the affirm- may consume. Yes, Ellis Island has been a beacon of ative. Mr. Speaker, I would like to thank the openness of what America is seek- Mr. TOM DAVIS of Virginia. Mr. the leadership of the Chairman of the ing to become. I am proud to join in Speaker, on that I demand the yeas Committee on Government Reform on this resolution and would urge all of and nays. this important legislation, and I rise in my colleagues to support it. The yeas and nays were ordered. strong support of H.R. 3921, the Acqui- sition and Streamlining Improvement Mr. BURTON of Indiana. Mr. Speaker, it is The SPEAKER pro tempore. Pursu- Act of 2002. This bill extends for 2 years with great pride that I rise today to express my ant to clause 8 of rule XX and the the Clinger-Cohen Act’s successful appreciation to my colleagues in the House of Chair’s prior announcement, further pilot program for streamlined acquisi- Representatives who voted to pass H. Res. proceedings on this motion will be tions of commercially available items. 377, a resolution that I introduced recognizing postponed. The landmark Clinger-Cohen Act rec- the Ellis Island Medal of Honor and com- f ognized the value of these streamlined mending the National Ethnic Coalition of Orga- ACQUISITION STREAMLINING procedures in its pilot program. They nizations (NECO). IMPROVEMENT ACT provide the foundation for establishing NECO’s annual medal ceremony and recep- Mr. TOM DAVIS of Virginia. Mr. commercial-like responsiveness in this tion on Ellis Island in New York Harbor is the Speaker, I move to suspend the rules government when it buys commercial Nation’s largest celebration of ethnic pride. Es- and pass the bill (H.R. 3921) to amend items. tablished in 1986 by NECO, the Ellis Island the Clinger-Cohen Act of 1996 to extend The streamlined procedures apply for Medals of Honor pay tribute to the ancestry until January 1, 2005, a program apply- purchases of $5 million or less when a groups that comprise America’s unique cul- ing simplified procedures to the acqui- contracting officer reasonably expects tural mosaic. To date, approximately 1400 sition of certain commercial items, and that offers in response to a solicitation American citizens have received medals. to require the Comptroller General to will only include commercial items. NECO is the largest organization of its kind submit to Congress a report regarding They permit the use of shorter dead- in the U.S. serving as an umbrella group for the effectiveness of such program. lines, fewer burdensome government- over 250 ethnic organizations and whose The Clerk read as follows: unique requirements, and minimized mandate is to preserve ethnic diversity, pro- H.R. 3921 administrative costs. In sum, they give mote ethnic and religious equality, tolerance contracting officers greater discretion and harmony, and to combat injustice, hatred Be it enacted by the Senate and House of Rep- resentatives of the United States of America in to select the most advantageous offer and bigotry. NECO has a new goal in its hu- Congress assembled, for the government and to do so in a manitarian mission: saving the lives of children SECTION 1. SHORT TITLE. business-like manner. with life-threatening medical conditions. NECO This Act may be cited as the ‘‘Acquisition This program has been very useful in has founded The Forum’s Children Founda- Streamlining Improvement Act’’. a number of different areas. For exam- tion, which brings children from developing na- SEC. 2. EXTENSION OF PROGRAM APPLYING SIM- ple, the Pentagon recently used this tions needing life-saving surgery to the United PLIFIED PROCEDURES TO CERTAIN authority to expedite repairs after the States for treatment. COMMERCIAL ITEMS; REPORT ON PROGRAM. tragic terrorism attack on September Ellis Island Medals of Honor recipients are Section 4202 of the Clinger-Cohen Act of 11. DOD set a goal of having the Pen- selected each year through a national nomina- 1996 (divisions D and E of Public Law 104–106; tagon restored by this fall, the 1-year tion process. Screening committees from 110 Stat. 652; 10 U.S.C. 2304 note) is anniversary of the attack. That is a NECO’s member organizations select the final amended— very aggressive goal for such a com- nominees, who are then considered by the (1) in subsection (e), by striking ‘‘January plicated job. If one step in the process Board of Directors. Past Ellis Island Medals of 1, 2003’’ and inserting ‘‘January 1, 2005’’; and falls through, the entire project can Honor recipients have included several U.S. (2) by adding at the end the following new fail. Presidents, entertainers, athletes, entre- subsection: One significant step at the Pentagon preneurs, religious leaders and business ex- ‘‘(f) REPORT.—Not later than March 1, 2004, the Comptroller General shall submit to has been the effort to quickly restore ecutives, such as Bill Clinton, Ronald Reagan, Congress a report on— what DOD calls the critical pathway to Jimmy Carter, Gerald Ford, George Bush, ‘‘(1) the effectiveness of the implementa- the damaged wing. DOD used the Richard Nixon, George Pataki, Mario Cuomo, tion of the provisions enacted by this sec- Clinger-Cohen pilot program authority Bob Hope, Frank Sinatra, Michael Douglas, tion; to buy routers and switches to reestab- Gloria Estefan, Coretta Scott King, Rosa ‘‘(2) the extent to which the amount of lish the communications grid. Using Parks, Elie Wiesel, Muhammad Ali, Mickey time required to award contracts and the ad- conventional procurement procedures ministrative costs associated with such con- Mantle, General Normal Schwarzkopf, Barbara to buy this equipment would have Walters, Terry Anderson, Dr. Michael tracts were reduced as a result of such implementation; added extra months and would have DeBakey, Senator JOHN MCCAIN, and Attorney ‘‘(3) the extent to which prices under such jeopardized the whole project’s timely General Janet Reno. contracts reflected the best value; and completion by the 1-year anniversary. I would like to close by expressing my deep- ‘‘(4) any recommendations for improving The Clinger-Cohen pilot program est gratitude to my good friends Bill Fugazy the effectiveness of the implementation of helped DOD cut through the red tape of and Rosemarie Taglione and everyone associ- the provisions enacted by this section.’’. this critical pathway and on many ated with NECO and the Ellis Island Medal of The SPEAKER pro tempore. Pursu- other projects in the reconstruction. It Honor. ant to the rule, the gentleman from also provides strategic management Mr. DAVIS of Illinois. Mr. Speaker, I Virginia (Mr. TOM DAVIS) and the gen- tools that the Department of Defense have no other requests for time, and I tleman from Texas (Mr. TURNER) each and other Federal agencies need to es- yield back the balance of my time. will control 20 minutes. tablish key acquisition projects in the H1098 CONGRESSIONAL RECORD — HOUSE April 9, 2002 wake of terrorist attacks. Unfortu- gentleman from California (Mr. WAX- Mr. TOM DAVIS of Virginia. Mr. nately, unless we act now, this impor- MAN), and the ranking member of the Speaker, I yield myself such time as I tant pilot program will expire at the subcommittee, the gentleman from may consume. end of this year. Texas (Mr. TURNER), for working with I thank the gentleman from Texas Governmentwide, we see Federal us to make good suggestions in moving (Mr. TURNER) and the ranking member agencies continuing to grapple with this legislation forward. I urge my col- of the Committee on Government Re- barriers to buying the best value in the leagues to support this bill. form (Mr. WAXMAN) for helping bring goods and services they need. Agencies Mr. Speaker, I reserve the balance of this bill to the floor. I think this bill is need better management approaches my time. going to continue to improve acquisi- and improved purchasing tools, includ- Mr. TURNER. Mr. Speaker, I yield tion responsiveness on the part of the ing the Clinger-Cohen pilot program myself such time as I may consume. Federal Government so that we can authority, to help acquisition man- Mr. Speaker, I thank the gentleman meet our goals, save the taxpayers agers meet their agency goals. from Virginia (Mr. TOM DAVIS) for his money, and get the best value. I urge Indeed, the Office of Federal Procure- leadership on this legislation. It is a the adoption of this measure. ment Policy’s survey of procurement continuing effort that we are making Mr. Speaker, I have no further re- executives showed that the streamlined on our subcommittee that the gen- quests for time, and I yield back the acquisition authority in the Clinger- tleman from Virginia (Mr. TOM DAVIS) balance of my time. Cohen pilot has had a positive impact chairs to try to improve the process by Mr. TURNER. Mr. Speaker, I have no on the Federal procurement process. which the Federal Government con- further requests for time, and I yield These procurement executives rec- tracts for goods and services. It is, of back the balance of my time. course, a very challenging effort be- ommend continuing the program. The SPEAKER pro tempore (Mr. The Subcommittee on Technology cause it is important to not only im- WALDEN of Oregon). The question is on prove and streamline the process, but and Procurement Policy, which I chair, the motion offered by the gentleman at the same time ensure that the and the Committee on Government Re- from Virginia (Mr. TOM DAVIS) that the public’s interest is protected, that the form, under the leadership of the gen- House suspend the rules and pass the integrity of the contracting process is tleman from Indiana (Mr. BURTON), bill, H.R. 3921. preserved, and that the taxpayers get have encouraged the development of The question was taken; and (two- the best deal for their dollars. thirds having voted in favor thereof) commonsense approaches to acquisi- Under this bill, pilot authority that tion policy. the rules were suspended and the bill was previously granted under law is ex- was passed. I have also been working in the sub- tended for an additional 2-year period committee with the minority and with A motion to reconsider was laid on of time, allowing acquisition proce- the table. the administration for broader acquisi- dures to be simplified for the purchase f tion reform. I recently introduced H.R. of commercial items up to $5 million in 3832, the Services Acquisition Reform value. This authority began in 1996, and WASHINGTON COUNTY, UTAH REC- Act, SARA, which directs the Federal it was granted a 1-year extension in REATIONAL AND VISITOR FA- Government to adopt management re- last year’s defense authorization bill. CILITIES form techniques modeled after those of The bill also requires the General Ac- Mr. HANSEN. Mr. Speaker, I move to the private sector. counting Office to report to us on the suspend the rules and pass the bill I have also introduced H.R. 3426, the effectiveness of this provision and to (H.R. 3848) to provide funds for the con- Federal Emergency Procurement determine whether or not it has in fact struction of recreational and visitor fa- Flexibility Act, with the gentleman reduced administrative time and costs cilities in Washington County, Utah, from Pennsylvania (Mr. WELDON), my in awarding contracts, while at the and for other purposes. good friend, Senator JOHN WARNER and same time protecting the public’s in- The Clerk read as follows: Senator FRED THOMPSON. This legisla- terest. H.R. 3848 tion came about after we were con- I thank the gentleman for including Be it enacted by the Senate and House of Rep- tacted last year by Governor Ridge and several suggestions that came from our resentatives of the United States of America in the Homeland Security Office about side on this issue. I believe we have a Congress assembled, many of the ongoing barriers Federal strong bill as a result, and I am hopeful SECTION 1. FUNDS FOR RECREATIONAL AND VIS- agencies are experiencing in accessing that this will once again prove to be a ITOR FACILITIES IN WASHINGTON the tools necessary to fight the war on step forward in the acquisition process COUNTY, UTAH. terrorism. This legislation will provide followed by our Federal agencies. It is The Secretary of the Interior, through the agencies with the tools necessary to Bureau of Land Management, is authorized part of an effort that also involves to grant to the State of Utah $2,500,000 for immediately access the latest commer- strengthening the training, the ability the development and construction of rec- cial technologies, products and services of the contracting officers who, under reational and visitor facilities in the Sand to combat terrorism. this legislation and similar legislation, Hollow Recreation Area located in Wash- The bill before us today, H.R. 3921, have greater responsibility and less re- ington County, Utah, to fulfill the Federal the Acquisitions Streamlining Im- view by their acquisition superiors. commitment for the establishment and man- provement Act of 2002, allows agencies The contracting officers are the key to agement thereof. to continue to use the Clinger-Cohen making this effort successful, and I am The SPEAKER pro tempore. Pursu- pilot program streamlined procedures confident that the efforts that are ant to the rule, the gentleman from for the purchase of commercial items. being made to strengthen contracting Utah (Mr. HANSEN) and the gentlewoman from the Virgin Islands (Mrs. b 1430 throughout the Federal Government will prove beneficial to all. CHRISTENSEN) each will control 20 min- Mr. Speaker, if an item is available The decision to allow the use of sim- utes. commercially and at a competitive plified acquisition procedures to pur- The Chair recognizes the gentleman price, the government should not have chase commercial items up to $5 mil- from Utah (Mr. HANSEN). to go through a long, drawn-out pro- lion in value is a well-intended effort Mr. HANSEN. Mr. Speaker, I yield curement process. Where there are sev- to give our contracting officers more myself such time as I may consume. eral competitors in a marketplace, and flexibility to do their job, thereby sav- Mr. Speaker, H.R. 3848 provides fund- this competition is keeping prices in ing the taxpayers money and saving ing for the development and construc- line, then streamlined acquisition pro- additional and unintended wastes of tion of recreational facilities for the cedures make sense, and save time and time and effort. This bill, by extending Sand Hollow Recreational Area in money. They make the government run it for another period and sunsetting it, Washington County, Utah. smoother. will give us the opportunity to be sure For several years, Washington Coun- In closing, I thank the gentleman the bill is working as we have intended ty has been the fastest growing area in from Indiana (Mr. BURTON) who intro- it. the State of Utah and a premier tourist duced this legislation. I thank the Mr. Speaker, I reserve the balance of destination. Several years ago, the Bu- ranking member of the committee, the my time. reau of Land Management, Washington April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1099 County Water Conservancy District, The SPEAKER pro tempore. The (A) title to the parcel shall revert to the and the Utah Division of State Parks, question is on the motion offered by United States, at the option of the United together with local leaders and stake- the gentleman from Utah (Mr. HANSEN) States; and holders, teamed up to identify nec- that the House suspend the rules and (B) Clark County, Nevada, shall be respon- essary recreational opportunities, pro- pass the bill, H.R. 3848. sible for any reclamation necessary to revert the parcel to the United States. grams and facilities in the Sand Hollow The question was taken; and (two- (f) ADDITIONAL TERMS AND CONDITIONS.—The area near the City of St. George. In thirds having voted in favor thereof) Secretary of the Interior may require such addi- May, 2001, these agencies completed a the rules were suspended and the bill tional terms and conditions in connection with cooperative management plan based on was passed. the conveyance as the Secretary considers ap- public input and involvement. A motion to reconsider was laid on propriate to protect the interests of the United The Sand Hollow Area Recreation the table. States. Management Plan envisions the devel- f (g) RELEASE OF LAND.—The Congress— opment of two campgrounds, a full- (1) finds that the parcels of land conveyed CLARK COUNTY, NEVADA, PUBLIC service marina, a group campground, under subsection (c), comprising a portion of the LAND CONVEYANCE and four separate day-use pavilions to Quail Springs Wilderness Study Area, NV–050– 411, managed by the Bureau of Land Manage- draw recreationists to a centralized lo- Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the bill ment and reported to the Congress in 1991, have cation with diverse recreational oppor- been adequately studied for wilderness designa- tunities. These facilities are essential (H.R. 2937) to provide for the convey- tion under section 603 of the Federal Land Man- to the success of this area, which has ance of certain public land in Clark agement Policy Act of 1976 (43 U.S.C. 1782); and the potential to become the predomi- County, Nevada, for use as a shooting (2) declares that those parcels are no longer nant recreation area in the region. The range, as amended. subject to the requirements contained in sub- recreation area will thus serve as a The Clerk read as follows: section (c) of that section pertaining to the man- buffer to urban growth in the St. H.R. 2937 agement of wilderness study areas in a manner George area. Be it enacted by the Senate and House of Rep- that does not impair the suitability of such areas for preservation as wilderness. The plan divided the initial funding resentatives of the United States of America in Congress assembled, (h) ADMINISTRATIVE COSTS.—The Secretary equally between the three agencies, shall require that Clark County, Nevada, pay equating to a one-time share of $2.5 SECTION 1. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA. all survey costs and other administrative costs million for the Bureau of Land Man- necessary for the preparation and completion of (a) FINDINGS.—The Congress finds that— agement. These funds, together with (1) the Las Vegas area has experienced such any patents of and transfer of title to property the State and water district funds, will rapid growth in the last few years that tradi- under this section. be used to implement the plan and con- tional locations for target shooting are now too The SPEAKER pro tempore. Pursu- struct the necessary facilities. This bill close to populated areas for safety; ant to the rule, the gentleman from authorizes the Bureau of Land Manage- (2) there is a need to designate a centralized Utah (Mr. HANSEN) and the gentle- ment share of these one-time initial location in the Las Vegas Valley where target woman from the Virgin Islands (Mrs. costs to the project. I urge my col- shooters can practice safely; and (3) a central facility is also needed for persons CHRISTENSEN) each will control 20 min- leagues to support H.R. 3848. training in the use of firearms, such as local law utes. Mr. Speaker, I reserve the balance of enforcement and security personnel. The Chair recognizes the gentleman my time. (b) PURPOSES.—The purposes of this Act are— from Utah (Mr. HANSEN). Mrs. CHRISTENSEN. Mr. Speaker, I (1) to provide a suitable location for the estab- Mr. HANSEN. Mr. Speaker, I yield lishment of a centralized shooting facility in the yield myself such time as I may con- myself such time as I may consume. sume. Las Vegas Valley; and Mr. Speaker, H.R. 2937, introduced by (Mrs. CHRISTENSEN asked and was (2) to provide the public with— the gentleman from Nevada (Mr. GIB- given permission to revise and extend (A) opportunities for education and recreation; and BONS) would provide for the conveyance her remarks.) (B) a location for competitive events and of certain public lands in Clark Coun- Mrs. CHRISTENSEN. Mr. Speaker, marksmanship training. H.R. 3848 is sponsored by the esteemed ty, Nevada, for use as a regional public (c) CONVEYANCE.—As soon as practicable after shooting range. chairman of the Committee on Re- the date of enactment of this Act, the Secretary sources, the gentleman from Utah (Mr. of the Interior shall convey to Clark County, Unprecedented residential growth HANSEN). The bill was introduced just Nevada, subject to valid existing rights, for no over the past 20 years in and around last month and was reported from the consideration, all right, title, and interest of the the city of Las Vegas, Clark County, Committee on Resources with no hear- United States in and to the parcels of land de- Nevada, has forced a number of shoot- scribed in subsection (d). ing ranges to close. Those few shooting ings. As such, we have limited informa- (d) LAND DESCRIPTIONS.—The parcels of land tion on the proposal. ranges that remain are close to being to be conveyed under subsection (c) are the par- in violation of local ordinances that As the gentleman explained, the bill cels of land that are described as follows: authorizes the Bureau of Land Manage- (1) Approximately 320 acres of land in Clark prohibit the discharge of firearms in or ment to make a grant to the State of County, Nevada, in S1⁄2, sec. 25, T. 18 S., R. 60 near residential areas. Utah in the amount of $2.5 million for E., Mount Diablo Base and Meridian. Mr. Speaker, to address this matter, the development and construction of (2) Approximately 320 acres of land in Clark H.R. 2937 authorizes and directs the County, Nevada, in S1⁄2, sec. 26, T. 18 S., R. 60 recreational and visitor facilities at a Secretary of the Interior to convey ap- E., Mount Diablo Base and Meridian. proximately 2,880 acres of public lands State recreational area in Washington (3) Approximately 320 acres of land in Clark to Clark County, Nevada, for the cre- County, Utah. County, Nevada, in S1⁄2, sec. 27, T. 18 S., R. 60 While the local BLM may have indi- E., Mount Diablo Base and Meridian. ation of a regional public shooting cated their willingness to help fund (4) Approximately 640 acres of land in Clark range. The actual usable land for the this project, the agency lacks the au- County, Nevada, in sec. 34, T. 18 S., R. 60 E., shooting range will be approximately thority to spend Federal funds on fa- Mount Diablo Base and Meridian. 1,400 acres. The balance would go to- cilities on State lands. (5) Approximately 640 acres of land in Clark wards a buffer zone for the west and County, Nevada, in sec. 35, T. 18 S., R. 60 E., south sides of the range. This new pub- However, we would not object to con- Mount Diablo Base and Meridian. sideration of H.R. 3848 by the House (6) Approximately 640 acres of land in Clark lic facility would provide users, arch- today. The bill is solely an authoriza- County, Nevada, in sec. 36, T. 18 S., R. 60 E., ery, trap, skeet, rifle and pistol, and tion and should not be construed as es- Mount Diablo Base and Meridian. air pellets, with a safe location for tablishing a precedent for other re- (e) USE OF LAND.— competitive events and marksmanship quests for Federal funds. (1) IN GENERAL.—The parcels of land conveyed training as well as opportunities for Mr. Speaker, I have no further re- under subsection (c)— education and recreation. The new quests for time, and I yield back the (A) shall be used by Clark County for the pur- shooting range will also be utilized by poses described in subsection (b) only; and city and county police departments. balance of my time. (B) shall not be disposed of by the county. Mr. HANSEN. Mr. Speaker, I have no (2) REVERSION.—If Clark County ceases to use The bill includes revision language further requests for time, and I yield any parcel for the purposes described in sub- should Clark County, Nevada, cease to back the balance of my time. section (b)— use the land as prescribed. In addition, H1100 CONGRESSIONAL RECORD — HOUSE April 9, 2002 release language is included which de- panion bill in the United States Sen- BEAR RIVER MIGRATORY BIRD clares the land conveyed has been ade- ate, and this legislation enjoys support REFUGE SETTLEMENT ACT OF 2002 quately studied for wilderness designa- from the administration as well. Mr. HANSEN. Mr. Speaker, I move to tion under the Federal Land Manage- For 15 consecutive years, Nevada has suspend the rules and pass the bill ment Policy Act; and once it is con- had the fastest growing population of (H.R. 3958) to provide a mechanism for veyed to Clark County, Nevada, the any State. For 20 years, Clark County, the settlement of claims of the State of land is no longer subject to FLMPA re- Nevada has been the fastest growing Utah regarding portions of the Bear quirements. I urge my colleagues to county, with the majority of that River Migratory Bird Refuge located support H.R. 2937, as amended. growth taking place in the Second Con- on the shore of the Great Salt Lake, Mr. Speaker, I reserve the balance of gressional District. Accommodating Utah, as amended. my time. that growth and meeting its challenges The Clerk read as follows: Mrs. CHRISTENSEN. Mr. Speaker, I is something that I often discuss before H.R. 3958 yield myself such time as I may con- this body. sume. Nevadans take great pride in the out- Be it enacted by the Senate and House of Rep- (Mrs. CHRISTENSEN asked and was resentatives of the United States of America in door recreational opportunities that Congress assembled, given permission to revise and extend our great State has to offer. Unfortu- SECTION 1. SHORT TITLE. her remarks.) nately, Nevada has 87 percent publicly This Act may be cited as the ‘‘Bear River Mi- Mrs. CHRISTENSEN. Mr. Speaker, owned lands, which means that most of gratory Bird Refuge Settlement Act of 2002’’. H.R. 2937, sponsored by the gentleman the recreation must take place on our SEC. 2. FINDINGS. from Nevada (Mr. GIBBONS), would con- public lands. Regardless, protecting the Congress finds the following: vey 4.5 square miles of Federal land in multiple use of our lands in Nevada is (1) The Secretary of the Interior and the State Clark County, Nevada, to Clark Coun- very important to our citizens. of Utah have negotiated a preliminary agree- ty, free of charge. The legislation before us today helps ment concerning the ownership of lands within The acreage in question is currently accommodate another longtime rec- the Bear River Migratory Bird Refuge located in managed by the Bureau of Land Man- Bear River Bay of the Great Salt Lake, Utah. reational favorite in Nevada, target (2) The State is entitled to ownership of those agement as part of the Quail Springs shooting. H.R. 2937 will designate ap- sovereign lands constituting the bed of the Great Wilderness Study Area, and the legisla- proximately 2,800 acres of public land Salt Lake, and, generally, the location of the tion releases the land from WSA sta- north of Las Vegas to be used as a per- sovereign lands boundary was set by an official tus. manent shooting range. About half of survey of the Great Salt Lake meander line. The purpose of the legislation is to the 2,800 acres will actually contain the (3) The establishment of the Refuge in 1928 provide a centralized firearms training shooting range, with the other 1,400 along the shore of the Great Salt Lake, and lack facility and shooting range in the Las acres serving as a required buffer zone of a meander line survey within the Refuge, has Vegas Valley. Among other effects, the to ensure public safety. This new led to uncertainty of ownership of some those sovereign lands. rapid population expansion which has shooting facility will not only provide (4) In order to settle the uncertainty con- taken place in the valley has created a the public with a safe place to shoot, it cerning the sovereign land boundary caused by dangerous situation whereby once will serve as a training facility for our the gap in the surveyed Great Salt Lake mean- rural activities such as firearms prac- law enforcement personnel in southern der line within the Refuge, the Secretary and tice, is now taking place in close prox- Nevada. the State have agreed to the establishment of a imity to populated areas. This transfer This legislation also includes rever- fixed sovereign land boundary along the south- will allow development of a safe facil- sionary language should Clark County ern boundary of the Refuge and the State has cease to use the land as prescribed in agreed to release any claim to the lake bed ity for these activities, with a suffi- above such boundary line. cient buffer area. this bill. Further, the 2,800 acres is cur- (5) The Secretary and the State have ex- While such a transaction raises sev- rently designated a wilderness study pressed their intentions to establish a mutually eral concerns, not the least of which is area by the BLM. Yet, Mr. Speaker, the agreed upon procedure to address the con- the status of this land as a wilderness BLM has adequately studied this land flicting claims to ownership of the lands and in- study area, we do not intend to oppose and determined that it is not suitable terests in land within the Refuge. this measure. The administration sup- for wilderness area designation. There- SEC. 3. DEFINITIONS. ports H.R. 2937, and a companion bill fore, Mr. Speaker, release language is In this Act: has been introduced by the majority included that declares the land con- (1) SECRETARY.—The term ‘‘Secretary’’ means veyed has been adequately studied for the Secretary of the Interior. whip, Senator HARRY REID of Nevada. (2) REFUGE.—The term ‘‘Refuge’’ means the We commend our colleague on this leg- wilderness designation under the Fed- Bear River Migratory Bird Refuge located in islation. eral Land Policy and Management Act, Bear River Bay of the Great Salt Lake, Utah. Mr. Speaker, I reserve the balance of or FLPMA as it is known. (3) AGREEMENT.—The term ‘‘agreement’’ my time. Mr. Speaker, this legislation rep- means the agreement to be signed by the Sec- Mr. HANSEN. Mr. Speaker, I yield resents a simple land conveyance. It retary and the State to establish a mutually such time as he may consume to the makes good sense. H.R. 2937 is sup- agreeable procedure for addressing the conflicting claims to ownership of the lands and in- gentleman from Nevada (Mr. GIBBONS), ported by our law enforcement personnel, Clark County, and the public at terests in land within the Refuge. the author of this legislation. (4) STATE.—The term ‘‘State’’ means the State Mr. GIBBONS. Mr. Speaker, I thank large. Again, I want to thank the of Utah. the gentleman for allowing H.R. 2937 to chairman and the ranking member for SEC. 4. REQUIRED TERMS OF LAND CLAIMS SET- be considered here today. I would fur- this opportunity. I urge my colleagues TLEMENT, BEAR RIVER MIGRATORY ther like to thank the chairman of the to support this legislation. BIRD REFUGE, UTAH. Subcommittee on National Parks, Mrs. CHRISTENSEN. Mr. Speaker, I (a) SPECIFIC TERMS REQUIRED IN AGREE- Recreation and Public Lands, the gen- have no further requests for time, and MENT.—The Secretary shall not enter into an agreement with the State for the quitclaim or tleman from California (Mr. RADANO- I yield back the balance of my time. Mr. HANSEN. Mr. Speaker, I yield other transfer of lands or interests in lands VICH), for expediting passage of this within the Refuge unless the terms of the agree- legislation in the Committee on Re- back the balance of my time. ment include each of the following provisions: sources. The SPEAKER pro tempore (Mr. (1) Nothing in the agreement shall be con- Mr. Speaker, H.R. 2937 is a bill to WALDEN of Oregon). The question is on strued to impose upon the State or any of agen- provide for the conveyance of certain the motion offered by the gentleman cy of the State any obligation to convey to the public lands in Clark County, Nevada, from Utah (Mr. HANSEN) that the House United States any interest in water owned or for use as a public shooting range. This suspend the rules and pass the bill, controlled by the State, except upon appropriate H.R. 2937, as amended. terms and for adequate consideration. legislation enjoys strong bipartisan (2) Nothing in the agreement shall constitute and bicameral support from our Nevada The question was taken; and (two- thirds having voted in favor thereof) admission or denial of the United States claim to delegation. a Federal reserved water right. the rules were suspended and the bill, b 1445 (3) The State shall support the United States as amended, was passed. application to add an enlarged Hyrum Res- Nevada Senators HARRY REID and A motion to reconsider was laid on ervoir, or another storage facility, as an alter- JOHN ENSIGN have introduced a com- the table. nate place of storage under the Refuge’s existing April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1101 1,000 cubic feet per second State certified water CHRISTENSEN) each will control 20 min- the beds and waters of the Great Salt right. Such support shall be contingent upon utes. Lake within the refuge. This legisla- demonstration by the United States that no in- The Chair recognizes the gentleman tion would not codify the agreement. jury to water rights shall occur as a result of from Utah (Mr. HANSEN). Rather, H.R. 3958 would simply specify the addition. (4) Nothing in the agreement shall affect juris- Mr. HANSEN. Mr. Speaker, I yield the required terms of the settlement. diction by the State or the United States Fish myself such time as I may consume. Additionally, H.R. 3958 would author- and Wildlife Service over wildlife resources man- H.R. 3958 provides a mechanism for ize $15 million subject to the avail- agement, including fishing, hunting and trap- the settlement of claims between the ability of appropriations as reimburse- ping, within the Refuge. U.S. Department of Interior and the ment to the State to quiet title to the (5) If the State elects to bring suit against the State of Utah regarding portions of the lands, oil, gas and mineral rights with- United States challenging the validity of the Bear River Migratory Bird Refuge lo- in the refuge. In exchange, the State deed issued pursuant to the agreement, and if cated on the north shore of the Great will drop its claim to the 18,000 acres such suit is successful in invalidating such deed, Salt Lake and authorizes a reimburse- within the refuge that are subject to the State will— the dispute and receive valuable fund- (A) pay the United States for the fair market ment to the State of $15 million for the value of all real property improvements on the lands, oil, gas and mineral rights with- ing to support habitat conservation property at the time of invalidation, such as in the refuge. and outdoor recreation activities bene- dikes, water control structures and buildings; The Bear River Migratory Bird Ref- fiting both the refuge and the State (B) repay any amounts paid by the United uge was created in 1928 by Congress. lands and waters. States because of ownership of the land by the Today, the refuge consists of 74,000 Mr. Speaker, the Bear River Migra- United States from the date of establishment of acres. Of these acres, the State of Utah tory Bird Refuge is one of the oldest the Refuge, such as payments in lieu of taxes; claims 18,000 acres below the meander and most popular refuges within the and entire National Wildlife Refuge Sys- (C) repay any amounts paid to the State pur- line of the Great Salt Lake as State sovereign lands. For nearly 75 years, tem. This legislation should enhance suant to the agreement. future Federal management authority (6) Subject to the availability of funds for this the State and Federal governments at the refuge. I commend Chairman purpose, the Secretary shall agree to pay have disputed the ownership of these HANSEN for bringing this bill before the $15,000,000 to the State upon delivery by the lands. A 1976 Supreme Court decision, House today. We are pleased to support State of a quitclaim deed that meets all applica- Utah v. United States, quieted title to it. ble standards of the Department of Justice and the bed of the Great Salt Lake up to covers all lands and interests in lands claimed Mr. HANSEN. Mr. Speaker, I have no by the State within the Refuge. Such payment and including the surveyed meander further requests for time, and I yield shall be subject to the condition that the State line, excepting the refuge from the de- back the balance of my time. use the payment for the purposes, and in the cision. Mrs. CHRISTENSEN. Mr. Speaker, I amounts, specified in subsections (b) and (c). On September 28, 2001, negotiations have no further requests for time, and (b) WETLANDS AND WILDLIFE PROTECTION between the Fish and Wildlife Service I yield back the balance of my time. PROGRAMS.— and the State resulted in a settlement The SPEAKER pro tempore. The (1) DEPOSIT.—The State shall deposit agreement to be signed by the Sec- question is on the motion offered by $10,000,000 of the amount paid pursuant to the retary and by the Governor of the agreement, as required by subsection (a)(6), in a the gentleman from Utah (Mr. HANSEN) restricted account, known as the Wetlands and State. The settlement agreement is that the House suspend the rules and Habitat Protection Account, to be used as pro- conditional upon congressional author- pass the bill, H.R. 3958, as amended. vided in paragraph (2). ization and appropriation of required The question was taken. (2) AUTHORIZED USES.—The Executive Direc- funds as well as State legislative ap- The SPEAKER pro tempore. In the tor of the Utah Department of Natural Re- proval. The 2002 Utah legislature ap- opinion of the Chair, two-thirds of sources may withdraw from the Wetlands and proved the necessary measures. H.R. those present have voted in the affirm- Habitat Protection Account, on an annual 3958 fulfills congressional action nec- ative. basis, amounts equal to the interest earned on essary for the Secretary of Interior to Mr. HANSEN. Mr. Speaker, on that I the amount deposited under paragraph (1) for demand the yeas and nays. the following purposes: sign the final agreement. (A) Wetland or open space protection in and To assure that reimbursement mon- The yeas and nays were ordered. near the Great Salt Lake. eys from the settlement are used to The SPEAKER pro tempore. Pursu- (B) Enhancement and acquisition of wildlife benefit wildlife, this bill requires the ant to clause 8 of rule XX and the habitat in and near the Great Salt Lake. State to place two-thirds of the funds Chair’s prior announcement, further (c) RECREATIONAL TRAILS AND STREAMS DE- in a permanent interest-bearing ac- proceedings on this motion will be VELOPMENT AND EXPANSION.—The Utah Depart- count to fund wetland and wildlife postponed. ment of Natural Resources shall use $5,000,000 of f the amount paid pursuant to the agreement, as habitat projects in the State of Utah in required by subsection (a)(6), for the following perpetuity. The remaining one-third of UPPER MISSISSIPPI RIVER BASIN purposes: the funds will be used for trail and PROTECTION ACT OF 2001 stream enhancement. In return, the (1) Development, improvement, and expansion Mr. HANSEN. Mr. Speaker, I move to of motorized and non-motorized recreational State will drop its claim to the dis- suspend the rules and pass the bill trails on public and private lands in the State, puted portion of the refuge. I urge my with priority given to providing trail access to (H.R. 3480) to promote Department of colleagues to support H.R. 3958. the Interior efforts to provide a sci- the Great Salt Lake as part of the proposed Sho- Mr. Speaker, I reserve the balance of shone and Ogden-Weber trail systems. entific basis for the management of my time. (2) Preservation, reclamation, enhancement, sediment and nutrient loss in the Mrs. CHRISTENSEN. Mr. Speaker, I and conservation of streams in the State. Upper Mississippi River Basin. (d) COORDINATION OF PROJECTS.—The Execu- yield myself such time as I may con- The Clerk read as follows: sume. tive Director of the Utah Department of Natural H.R. 3480 Resources shall seek to maximize the use of (Mrs. CHRISTENSEN asked and was Be it enacted by the Senate and House of Rep- funds under subsections (b) and (c) through co- given permission to revise and extend resentatives of the United States of America in ordination with nonprofit organizations, Fed- her remarks.) Congress assembled, eral agencies, other agencies of the State, and Mrs. CHRISTENSEN. Mr. Speaker, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. local governments, and shall give priority to H.R. 3958 would provide the framework those projects under such subsections that in- (a) SHORT TITLE.—This Act may be cited as clude Federal, State, or private matching funds. for a quitclaim settlement between the the ‘‘Upper Mississippi River Basin Protec- tion Act of 2001’’. (e) AUTHORIZATION OF APPROPRIATIONS.— Federal Government and the State of (b) TABLE OF CONTENTS.—The table of con- There is authorized to be appropriated Utah concerning lands and other inter- tents of this Act is as follows: $15,000,000 for the payment required by sub- ests at the Bear River Migratory Bird section (a)(6) to be included as a term of the Sec. 1. Short title; table of contents. Refuge. This legislation is necessary to Sec. 2. Definitions. agreement. enable the Secretary of the Interior to Sec. 3. Reliance on sound science. The SPEAKER pro tempore. Pursu- sign the final agreement negotiated be- TITLE I—SEDIMENT AND NUTRIENT ant to the rule, the gentleman from tween the U.S. Fish and Wildlife Serv- MONITORING NETWORK Utah (Mr. HANSEN) and the gentle- ice and the State regarding a 75-year- Sec. 101. Establishment of monitoring net- woman from the Virgin Islands (Mrs. old dispute concerning ownership to work. H1102 CONGRESSIONAL RECORD — HOUSE April 9, 2002 Sec. 102. Data collection and storage respon- headquartered at the Upper Midwest Envi- tion 102(a) shall be deemed to satisfy the cost sibilities. ronmental Sciences Center in La Crosse, share requirements of this section. Sec. 103. Relationship to existing sediment Wisconsin. SEC. 106. REPORTING REQUIREMENTS. and nutrient monitoring. SEC. 102. DATA COLLECTION AND STORAGE RE- The Secretary of the Interior shall report Sec. 104. Collaboration with other public and SPONSIBILITIES. to Congress not later than 180 days after the private monitoring efforts. (a) GUIDELINES FOR DATA COLLECTION AND date of the enactment of this Act on the de- Sec. 105. Cost share requirements. STORAGE.—The Secretary of the Interior velopment of the sediment and nutrient Sec. 106. Reporting requirements. shall establish guidelines for the effective monitoring network. Sec. 107. National Research Council assess- design of data collection activities regarding SEC. 107. NATIONAL RESEARCH COUNCIL ASSESS- ment. sediment and nutrient monitoring, for the MENT. TITLE II—COMPUTER MODELING AND use of suitable and consistent methods for The National Research Council of the Na- RESEARCH data collection, and for consistent reporting, tional Academy of Sciences shall conduct a Sec. 201. Computer modeling and research of data storage, and archiving practices. comprehensive water resources assessment sediment and nutrient sources. (b) RELEASE OF DATA.—Data resulting from of the Upper Mississippi River Basin. Sec. 202. Use of electronic means to dis- sediment and nutrient monitoring in the TITLE II—COMPUTER MODELING AND tribute information. Upper Mississippi River Basin shall be re- RESEARCH Sec. 203. Reporting requirements. leased to the public using generic station SEC. 201. COMPUTER MODELING AND RESEARCH TITLE III—AUTHORIZATION OF identifiers and hydrologic unit codes. In the OF SEDIMENT AND NUTRIENT APPROPRIATIONS case of a monitoring station located on pri- SOURCES. Sec. 301. Authorization of appropriations. vate lands, information regarding the loca- (a) MODELING PROGRAM REQUIRED.—As part SEC. 2. DEFINITIONS. tion of the station shall not be disseminated of the Upper Mississippi River Stewardship In this Act: without the landowner’s permission. Initiative, the Director of the United States (1) The terms ‘‘Upper Mississippi River (c) PROTECTION OF PRIVACY.—Data result- Geological Survey shall establish a modeling Basin’’ and ‘‘Basin’’ mean the watershed por- ing from sediment and nutrient monitoring program to identify significant sources of tion of the Upper Mississippi River and Illi- in the Upper Mississippi River Basin is not sediment and nutrients in the Upper Mis- nois River basins, from Cairo, Illinois, to the subject to the mandatory disclosure provi- sissippi River Basin. headwaters of the Mississippi River, in the sions of section 552 of title V, United States (b) ROLE.—Computer modeling shall be States of Minnesota, Wisconsin, Illinois, Code, but may be released only as provided used to identify subwatersheds which are sig- Iowa, and Missouri. The designation includes in subsection (b). nificant sources of sediment and nutrient loss and shall be made available for the pur- the Kaskaskia watershed along the Illinois SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT River and the Meramec watershed along the AND NUTRIENT MONITORING. poses of targeting public and private sediment and nutrient reduction efforts. Missouri River. (a) INVENTORY.—To the maximum extent (c) COMPONENTS.—Sediment and nutrient (2) The terms ‘‘Upper Mississippi River practicable, the Secretary of the Interior models for the Upper Mississippi River Basin Stewardship Initiative’’ and ‘‘Initiative’’ shall inventory the sediment and nutrient shall include the following: mean the activities authorized or required monitoring efforts, in existence as of the (1) Models to relate nutrient loss to land- by this Act to monitor nutrient and sedi- date of the enactment of this Act, of Federal, scape, land use, and land management prac- ment loss in the Upper Mississippi River State, local, and nongovernmental entities tices. Basin. for the purpose of creating a baseline under- (2) Models to relate sediment loss to land- (3) The term ‘‘sound science’’ means a sci- standing of overlap, data gaps and scape, land use, and land management prac- entific method that uses the best available redundancies. tices. technical and scientific information and (b) INTEGRATION.—On the basis of the in- (3) Models to define river channel nutrient techniques to identify and understand nat- ventory, the Secretary of the Interior shall transformation processes. ural resource management needs and appro- integrate the existing sediment and nutrient (d) COLLECTION OF ANCILLARY INFORMA- monitoring efforts, to the maximum extent priate treatments, to implement conserva- TION.—Ancillary information shall be col- tion measures, and to assess the results of practicable, into the sediment and nutrient lected in a GIS format to support modeling treatments on natural resource health and monitoring network required by section 101. and management use of modeling results, in- sustainability in the Upper Mississippi River (c) CONSULTATION AND USE OF EXISTING cluding the following: Basin. DATA.—In carrying out this section, the Sec- (1) Land use data. SEC. 3. RELIANCE ON SOUND SCIENCE. retary of the Interior shall make maximum (2) Soils data. It is the policy of Congress that Federal in- use of data in existence as of the date of the (3) Elevation data. vestments in the Upper Mississippi River enactment of this Act and of ongoing pro- (4) Information on sediment and nutrient Basin must be guided by sound science. grams and efforts of Federal, State, tribal, reduction improvement actions. TITLE I—SEDIMENT AND NUTRIENT local, and nongovernmental entities in de- (5) Remotely sense data. MONITORING NETWORK veloping the sediment and nutrient moni- (e) HEADQUARTERS.—Information developed toring network required by section 101. SEC. 101. ESTABLISHMENT OF MONITORING NET- by computer modeling shall be WORK. (d) COORDINATION WITH LOWER ESTUARY AS- headquartered at the Upper Midwest Envi- (a) ESTABLISHMENT.—As part of the Upper SESSMENT GROUP.—The Secretary of the In- ronmental Sciences Center in La Crosse, Mississippi River Stewardship Initiative, the terior shall carry out this section in coordi- Wisconsin. Secretary of the Interior shall establish a nation with the Lower Estuary Assessment SEC. 202. USE OF ELECTRONIC MEANS TO sediment and nutrient monitoring network Group, as authorized by section 902 of the Es- DISTRIBUTEINFORMATION. for the Upper Mississippi River Basin for the tuaries and Clean Waters Act of 2000 (Public Not later than 90 days after the date of the purposes of— Law 106–457; 33 U.S.C. 2901 note). enactment of this Act, the Director of the (1) identifying and evaluating significant SEC. 104. COLLABORATION WITH OTHER PUBLIC United States Geological Survey shall estab- sources of sediment and nutrients in the AND PRIVATE MONITORING EF- lish a system that uses the telecommuni- Upper Mississippi River Basin; FORTS. cations medium known as the Internet to (2) quantifying the processes affecting mo- To establish the sediment and nutrient provide information regarding the following: bilization, transport, and fate of those sedi- monitoring network, the Secretary of the In- (1) Public and private programs designed to ments and nutrients on land and in water; terior shall collaborate, to the maximum ex- reduce sediment and nutrient loss in the (3) quantifying the transport of those sedi- tent practicable, with other Federal, State, Upper Mississippi River Basin. ments and nutrients to and through the tribal, local and private sediment and nutri- (2) Information on sediment and nutrient Upper Mississippi River Basin; ent monitoring programs that meet guide- levels in the Upper Mississippi River and its (4) recording changes to sediment and nu- lines prescribed under section 102(a), as de- tributaries. trient loss over time; termined by the Secretary. (3) Successful sediment and nutrient reduc- (5) providing coordinated data to be used in SEC. 105. COST SHARE REQUIREMENTS. tion projects. computer modeling of the Basin, pursuant to (a) REQUIRED COST SHARING.—The non-Fed- SEC. 203. REPORTING REQUIREMENTS. section 201; and eral sponsors of the sediment and nutrient (a) MONITORING ACTIVITIES.—Commencing (6) identifying major sources of sediment monitoring network shall be responsible for one year after the date of the enactment of and nutrients within the Basin for the pur- not less than 25 percent of the costs of main- this Act, the Director of the United States pose of targeting resources to reduce sedi- taining the network. Geological Survey shall provide to Congress ment and nutrient loss. (b) IN-KIND CONTRIBUTIONS.—Up to 80 per- and make available to the public an annual (b) ROLE OF UNITED STATES GEOLOGICAL cent of the non-Federal share may be pro- report regarding monitoring activities con- SURVEY.—The Secretary of the Interior shall vided through in-kind contributions. ducted in the Upper Mississippi River Basin. carry out this title acting through the office (c) TREATMENT OF EXISTING EFFORTS.—A (b) MODELING ACTIVITIES.—Every three of the Director of the United States Geologi- State or local monitoring effort, in existence years, the Director of the United States Geo- cal Survey. as of the date of the enactment of this Act, logical Survey shall provide to Congress and (c) HEADQUARTERS.—Sediment and nutrient that the Secretary of the Interior finds ad- make available to the public a progress re- monitoring information shall be heres to the guidelines prescribed under sec- port regarding modeling activities. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1103 TITLE III—AUTHORIZATION OF eling program in order to track the ment flows flowing into the river, it is APPROPRIATIONS sediment and nutrient flows into the costing us roughly $100 million every SEC. 301. AUTHORIZATION OF APPROPRIATIONS. river basin. year just to maintain a 9-foot navi- (a) IN GENERAL.—There is authorized to be This legislation has been near and gable channel with the dredging costs appropriated to the Secretary of the Interior dear to my heart, Mr. Speaker. As a in order to keep the commercial navi- $6,250,000 each fiscal year to carry out this young boy growing up in western Wis- gation flowing along the river system. Act. consin, I spent an inordinate amount of (b) WATER RESOURCE AND WATER QUALITY Our farmers are losing valuable topsoil. MANAGEMENT ASSESSMENT.—There is author- my time growing up on the Mississippi In fact, they are losing $300 million ized to be appropriated $650,000 to allow the River. I guess you could refer to me as worth of applied nitrogen every year National Research Council to perform the as- the ‘‘Tom Sawyer’’ of the United that ultimately flows into the rivers sessment required by section 107. States Congress, but since we already and streams and affects the ecosystem The SPEAKER pro tempore. Pursu- have a TOM SAWYER from Ohio I guess adversely. ant to the rule, the gentleman from I will just accept the label of Huck This litigation has received wide bi- Utah (Mr. HANSEN) and the gentleman Finn. Huck was probably more color- partisan support, from the original co- from Wisconsin (Mr. KIND) each will ful, anyway. But as a young kid grow- sponsors when I introduced the legisla- control 20 minutes. ing up, I spent a lot of my time on the tion to a variety of experts in the The Chair recognizes the gentleman Mississippi enjoying the recreational Upper Mississippi States. It is con- from Utah (Mr. HANSEN). activities, the swimming, the fishing, sistent with the Mississippi River and Mr. HANSEN. Mr. Speaker, I yield the hunting, but I still remember those the Gulf of Mexico Hypoxia Task Force myself such time as I may consume. days during the sixties and during the that was formed over the last few H.R. 3480, the Upper Mississippi River seventies when I would go down to my years, studying the nutrient problems Basin Protection Act of 2001, provides favorite swimming beaches and find that are affecting especially the Gulf of for the Department of the Interior, that they were closed because of high Mexico and the dead zone that is being U.S. Geological Survey to supplement, bacteria count, or going down to my fa- created there. The Upper Mississippi, coordinate and manage data collection vorite fishing holes and finding notices although it supplies 22 percent of the on sediments and nutrients in the that were posted around these popular water that ultimately flows into the Upper Mississippi River Basin and use fishing areas warning the fishermen Gulf of Mexico, nevertheless it is the the data to perform computer modeling not to eat the fish that they were source of 32 percent of the nutrients to provide the baseline data and mod- catching because of the contamination that are flowing into the Gulf of Mex- eling tools needed to make scientif- and the effect on the quality of the fish ico, and it is consistent with the rec- ically sound and cost-effective river supplies. I knew even then as a young ommendations that they are making management decisions. The legislation boy that something was not quite for a public and private coordinated ap- includes a provision requiring land- right. proach with Federal, State, local agen- owner permission prior to dissemi- Since those days, a lot of progress cies, private entities and tribes to do a nating information from monitoring has been made in regards to the health, better job of collaborating and to stations located on private lands to viability and sustainability of the river standardize the data that is now being protect the privacy of individual land- basin. There is still much work that collected. owners. Finally, it provides for the Na- needs to be done. If you talk to the ex- b 1500 tional Research Council of the Na- perts in the river system both in the tional Academy of Sciences to conduct north and the southern part, the one At one point during the research of a comprehensive water resources as- thing that has really been lacking or this legislation, I discovered there were sessment of the Upper Mississippi missing is a comprehensive scientific 77 different private entities that were River Basin. program so we can collect the baseline doing some form of water quality test- Mr. Speaker, I reserve the balance of data at sub-basin level in order to un- ing, but there was very little sharing of my time. derstand more the effects of the sedi- information because the data was not Mr. KIND. Mr. Speaker, I yield my- ment and nutrient flows going into this standardized. This legislation will ad- self such time as I may consume. valuable ecosystem. dress that problem. (Mr. KIND asked and was given per- Why is this important? It is impor- But it also addresses a very impor- mission to revise and extend his re- tant on a number of fronts, not least of tant privacy protection concern that marks.) which is economic. This is a multiple- some groups that we worked with Mr. KIND. Mr. Speaker, this legisla- use river system, from commercial raised, and I feel the language that we tion offered today is meant to better navigation to tourist activity to recre- have in here with regard to the protec- preserve and protect one of the great ation activity. It has been in the past tion of sharing personal data of private national treasures that exist in this with the lock and dam system; it is landowners meets the test that a lot of country, the Mississippi River Basin. I today and it will continue to be so in these groups were raising. would like to thank, first of all, Chair- the future. But there also is the need It is also consistent with what a man HANSEN of our committee and for balance and balanced use in regards number of States have talked about Chairman CALVERT of the sub- to the river basin. There is a $1.2 bil- that is needed in regards to the River committee and their staffs for the as- lion recreation impact in the Upper Basin and its protection. In fact, a sistance and the cooperation we re- Mississippi States alone and a $6.6 bil- number of States have also weighed in ceived in putting this legislation to- lion tourism impact. In fact, we have on the need to increase monitoring and gether. I also want to thank Ranking more visitors every year to the Upper modeling efforts throughout the Upper Member RAHALL and also Ranking Mississippi Wildlife Refuge than they Mississippi River Basin. Member SMITH of the subcommittee do in the Yellowstone National Park In October of 2001, in a letter to a and their staff for all the help and as- System. It is also the primary drinking Bush administration official, six Gov- sistance that we have received. supply source for over 22 million Amer- ernors of the States bordering the Mis- This is simple legislation, Mr. Speak- icans. It is North America’s largest mi- sissippi wrote that, ‘‘A monitoring ef- er. The intent of it is to authorize the gratory route, with over 40 percent of fort conducted jointly by the U.S. Geo- U.S. Geological Survey to be able to the waterfowl species using the river logical Survey and the States is re- put together the science and imple- basin as its main corridor during its quired within the Basin to determine ment the science so we can better migratory pattern every year. It also the water quality effects of the actions track and monitor the nutrients and provides us, as this picture dem- taken and to measure the success of ef- sediments that flow into the Upper onstrates, the fertile farmland which forts on a sub-basin and project level.’’ Mississippi River Basin. It would de- makes the Midwest the breadbasket of H.R. 3480 does exactly what the Gov- velop for the first time a public-private the United States and the rest of the ernors of those States were recom- approach and coordination in order to world. mending, bringing in a variety of develop a comprehensive monitoring But there are also some challenges groups in order to have a more com- and a state-of-the-art computer mod- with the system. Because of the sedi- prehensive monitoring and computer H1104 CONGRESSIONAL RECORD — HOUSE April 9, 2002 modeling system so that the science tor, who is with us on the floor today, upper Mississippi River basin, and will estab- will be able to demonstrate where the and also Brad Pfaff, who has carried a lish a water quality monitoring network and an hot spots exist, where the problem lot of the weight with this legislation integral computer modeling program. areas are, so we are in a better position during the period of time we have been This bill will provide the baseline data need- then of making policy choices of how working on it. Their help has been ed to make scientifically sound and cost-effec- better to direct the limited resources greatly appreciated. tive decisions that will benefit all who depend to get the optimal effect of the invest- H.R. 3480 represents a commonsense on the health of the upper Mississippi River ment in land stewardship through , vol- move toward building the scientific basin for transportation, recreation, or what- untary and incentive-based land con- foundation necessary to remedy nutri- ever their needs may be. servation programs, and the benefit ent and sediment problems throughout Mr. KIND. Mr. Speaker, I have no that is going to bring to the entire the Mississippi River Basin. I believe further requests for time, and I yield river basin area. this is a needed, cost-effective step in back the balance of my time. My district, Mr. Speaker, has more preserving the Upper Mississippi River Mr. HANSEN. Mr. Speaker, I have no miles that border the Mississippi River and its multiple-use heritage for future further requests for time, and I yield than any other congressional district generations, and I would urge my col- back the balance of my time. in the Nation, and therefore I felt a leagues to support this legislation. The SPEAKER pro tempore (Mr. certain personal responsibility to keep Mr. PETRI. Mr. Speaker, I rise in support of WALDEN of Oregon). The question is on an eye on the river and to promote H.R. 3480, the Upper Mississippi River Basin the motion offered by the gentleman good policy and legislation that will Protection Act. from Utah (Mr. HANSEN) that the House enhance the long-term sustainability For quite some time there have been sev- suspend the rules and pass the bill, of this great natural resource. eral federal, state, and local programs de- H.R. 3480. It is one of the reasons I was moti- signed to address the problem of sediment The question was taken; and (two- vated to help form a bipartisan Mis- and nutrient loss in the Upper Mississippi thirds having voted in favor thereof) sissippi River Task Force so that we River Basin, but there has been little coordina- the rules were suspended and the bill can start working more effectively to- tion between them. This bill will provide this was passed. gether between the upper Mississippi much needed coordination and enable a more A motion to reconsider was laid on region and the southern Mississippi comprehensive approach to addressing this the table. River region on issues of common problem. f ground and to better educate ourselves In Wisconsin, and particularly in my district, in regard to the different uses of this agriculture is a vital industry. The soil erosion GENERAL LEAVE valuable river system. suffered by farmers in the area reduces and Mr. HANSEN. Mr. Speaker, I ask Finally, Mr. Speaker, I do want to threatens the long-term sustainability and in- unanimous consent that all Members thank a few individuals who have been come of my state’s family farms. may have 5 legislative days within very helpful in support of this legisla- Furthermore, the cost of dredging the sedi- which to revise and extend their re- tion. I want to, of course, thank the ment fills in the river’s main shipping channel marks and include extraneous material original cosponsors of this legislation, costs over $100 million each year. These fills including the other cochairs of the on H.R. 3848, H.R. 2937, H.R. 3958 and also threaten the region’s $1.2 billion recre- Upper Mississippi River Task Force, H.R. 3480. ation and $6.6 billion tourism industries. the gentleman from Minnesota (Mr. The SPEAKER pro tempore. Is there While the Upper Mississippi River Basin objection to the request of the gen- GUTKNECHT), the gentleman from Iowa contributes 22 percent of the water flowing tleman from Utah? (Mr. LEACH), and the gentleman from into the Lower Mississippi, it contributes 31 There was no objection. Illinois (Mr. COSTELLO). I also want to thank the congres- percent of the nitrogen, threatening the water f quality of that part of the river. sional cochairs of the entire Mis- MESSAGES FROM THE PRESIDENT sissippi River Caucus, the gentleman By designating the U.S. Geological Survey as the lead agency, this bill will provide the Messages in writing from the Presi- from Missouri (Mr. HULSHOF) and the gentleman from Iowa (Mr. BOSWELL) much needed coordination, monitoring, and dent of the United States were commu- for their support and their staff’s sup- scientific data collection to implement informed nicated to the House by Ms. Evans, one port for this legislation. and effective conservation decisions for the of his secretaries. In addition, I want to thank Ms. river basin. I urge my colleagues to support its f Holly Stoerker of the Upper Mississippi passage. Mr. GUTKNECHT. Mr. Speaker, as a co- CONGRATULATING PEOPLE OF River Basin Association, Mr. Doug UTAH, SALT LAKE ORGANIZING Daigle of the Mississippi River Basin chair of the Upper Mississippi River Task Force, I am proud that the House is consid- COMMITTEE AND ATHLETES OF Alliance, Dr. Jerry Schnoor of the Uni- WORLD FOR SUCCESSFUL AND versity of Iowa, and Dr. Barry ering the Upper Mississippi River Basin Pro- tection Act today. INSPIRING 2002 OLYMPIC WINTER Drazkowski and the administration GAMES and staff at St. Mary’s University in This bill is good for farmers, and it is good Minnesota for a lot of the ideas that for the environment. Mr. SMITH of New Jersey. Mr. are contained within this legislation. Every year, farmers collectively lose more Speaker, I move to suspend the rules Their expertise and testimony during than $300 million in applied nitrogen due to and agree to the resolution (H. Res. the hearings that we have had on this erosion. Not only does this hurt the Mississippi 363) congratulating the people of Utah, legislation was essential in crafting the River ecosystem—it hurts farmers’ check- the Salt Lake Organizing Committee bipartisan approach that this legisla- books. and the athletes of the world for a suc- tion takes. Soil erosion also causes sedimentation cessful and inspiring 2002 Olympic Win- Also greatly appreciated is the tire- problems on the river. Dredging costs due to ter Games, as amended. less work of a few individuals in my of- increased sedimentation run over $100 million The Clerk read as follows: fice, former Sea Grant fellow Allen each year, and removing the sediment is inte- H. RES. 363 Hance, who is now with the Northeast gral to keeping the river a viable transportation Whereas the State of Utah hosted the Midwest Institute, along with other mechanism. Sediments also fill critical wetland world during the largest and most successful Sea Grant fellows, Laura Cimo, Jeff areas in the Mississippi River basin, threat- Olympic Winter Games ever held; Stein and Ed Buckner, who have ening the plants and wildlife. Whereas the people of Utah opened their worked in my office, worked specifi- Currently there is insufficient data on the hearts and their homes to the athletes of the cally on this legislation dealing with a amounts and sources of sediments and nutri- world and represented the Nation well to the lot of the shareholders and groups in- ents in the upper Mississippi River basin. world community; Whereas the Salt Lake Organizing Com- terested in this legislation, as well as Local, state, and federal water quality moni- mittee, its president, Mitt Romney, and its other issues affecting the Mississippi toring and modeling efforts are not coordi- chairman, Robert Garff did a spectacular job River Basin area. nated or standardized. This legislation will de- in staging a great Winter Olympics with I also want to thank a couple perma- velop a coordinated public-private approach to class, dignity, and a proper focus on the ath- nent members on my staff, Ben Proc- reducing nutrient and sediment losses in the letic competition; April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1105 Whereas 2,535 athletes, from a record 78 I am very pleased to join with my Finally, Mr. Speaker, I want to con- countries, prepared with unmatched dedica- colleagues, particularly those from the gratulate my good friend and col- tion, competed with unrivaled courage, and State of Utah, in congratulating for a league, the distinguished gentleman inspired the world with their spirit of peace- job well done not only each and every from Utah (Mr. HANSEN), the gen- ful competition; Whereas African-American and Mexican- one of the 211 members of the United tleman from Utah (Mr. MATHESON) and American athletes won medals for the first States Winter Olympics team, who won a former member of our Committee on time in Winter Olympics history; a record 34 medals and competed with International Relations, the gentleman Whereas over 500 athletes from 36 nations great tenacity, focus and sportsman- from Florida (Mr. HASTINGS), for their competed in the 2002 Paralympic Winter ship, but also the over 7,000 members of work on this important resolution. Games, also held in Salt Lake City, and re- the law enforcement and public safety I urge all of my colleagues to support minded the world that physical challenges agencies and over 5,400 members of the H. Res. 363. are no limit to human achievement; Armed Forces who ensured that the Mr. Speaker, I reserve the balance of Whereas the 211 members of the United my time. States Olympic Team won a Winter Olym- games were safe for athletes and spec- pics record 34 medals, including a record 10 tators alike. That was no small feat, Mr. SMITH of New Jersey. Mr. gold medals, and gave a grateful Nation an- Mr. Speaker, in light of the 9–11 world Speaker, I yield such time as he may other new group of heroes at a time when the that we live in where terrorism and consume to the distinguished gen- Nation has rediscovered the true meaning of threats are a daily routine. tleman from Utah (Mr. HANSEN), the heroism; We also note with deep appreciation sponsor of the resolution. Whereas the silent heroes, over 7,000 mem- that the Olympic games would not Mr. HANSEN. Mr. Speaker, I thank bers of Federal, State, and local law enforce- have been possible without the active the gentleman from New Jersey for ment and public safety agencies, and over being so gracious and yielding me this 5,400 brave members of the Armed Forces involvement of close to 20,000 Ameri- continued their selfless service to ensure the cans, whose volunteer efforts in Utah time. Winter Olympics were safe and secure for and around the country made a critical Mr. Speaker, I rise today in support athletes and spectators alike; difference to the success of these of this resolution, as amended, and Whereas over 19,500 Utahns and other games. Their legacy is an inspiration urge all of my colleagues to extend our United States citizens volunteered their to all Americans and a shining example congratulations to my home State, the time and talents to show the world the best of what this country represents. State of Utah, for hosting, in the words that the United States has to offer; and My understanding is that this resolu- of one NBC sportscaster, ‘‘far and away Whereas the 2002 Olympic Winter Games tion, as amended, does have broad bi- the most successful Olympics, summer accomplished the principles set forth by the or winter, in history.’’ Olympic movement, including the aim to partisan support, and I do hope that ‘‘encourage the Olympic spirit of peace and every Member of this Chamber will I would extend a special thanks to harmony, which brings the people from support it. my friend and colleague, the gen- across the world together around Olympic Mr. Speaker, I reserve the balance of tleman from Florida (Mr. HASTINGS), sport’’: Now, therefore, be it my time. for his work to make this resolution Resolved, That the House of Representa- Mr. LANTOS. Mr. Speaker, I yield better and for laying aside his own res- tives congratulates the people of Utah, the myself such time as I may consume, olution to bring this compromise to Salt Lake Organizing Committee, the United and I rise in strong support of this res- the floor. States Olympic Team, and the athletes of Just over 1 month ago, the State of the world for an outstanding and inspiring olution. 2002 Olympic Winter Games, and thanks the Mr. Speaker, the resolution recog- Utah and her citizens were introduced thousands of law enforcement and public nizes and congratulates the achieve- to the world, and, boy, did they ever safety personnel, military servicemen and ments of those who contributed to shine. From the emotional opening women, and volunteers who contributed so making the 2002 Winter Olympics such ceremonies to the celebration of the much to ensure the Winter Olympics were a remarkable success. The people and closing ceremonies, the Salt Lake Or- safe, secure, and friendly. the government of Salt Lake City and ganizing Committee, under the inspira- The SPEAKER pro tempore. Pursu- of the State of Utah were gracious tional leadership of their President ant to the rule, the gentleman from hosts who made both our international Mitt Romney, Chairman Bob Garff and New Jersey (Mr. SMITH) and the gen- guests and our fellow Americans from Chief Operating Officer Fraser Bullock, tleman from California (Mr. LANTOS) around our Nation feel welcome and at they truly made America proud, while each will control 20 minutes. home. The Salt Lake Organizing Com- keeping the focus on peaceful inter- The Chair recognizes the gentleman mittee, under the leadership of Mitt national competition and the spirit of from New Jersey (Mr. SMITH). Romney, recovered from a shaky start human achievement. GENERAL LEAVE and produced a truly outstanding com- Never in the history of the Olympics Mr. SMITH of New Jersey. Mr. petition. has there been such a spirit of enthu- Speaker, I ask unanimous consent that Mr. Speaker, most importantly, I siasm and volunteerism exhibited by all Members may have 5 legislative want to congratulate the athletes from the host community. Visitors from days within which to revise and extend around the globe for their spirited com- around the world were uniformly im- their remarks and include extraneous petition, which was obviously the most pressed by the helpfulness and friendli- material on H. Res. 363, as amended. important ingredient in the enor- ness of the locals. The SPEAKER pro tempore. Is there mously successful Winter Olympic Salt Lake City, Utah, in the words of objection to the request of the gen- Games in Salt Lake City, Utah. one Washington Post writer, is the tleman from New Jersey? Mr. Speaker, our resolution expresses ‘‘nice’’ capital of the world. There was no objection. our gratitude for our own United Mr. Speaker, not only did my home Mr. SMITH of New Jersey. Mr. States Olympic athletes who provided State shine in its hosting of the Winter Speaker, I yield myself such time as I inspiration with their unprecedented Olympics, but the home team, the U.S. may consume. success in winning 34 medals, and, I am Olympians, took home an unprece- Mr. Speaker, I rise in strong support proud to add, including the first ever dented number of medals, 34 in all, in- of H. Res. 363, as amended, at the re- medals earned by African American cluding the first ever winter gold med- quest of the distinguished gentleman and Mexican American athletes in the als for African American and Mexican from Utah (Chairman HANSEN), con- Winter Olympics. This is an historic American athletes. The previous U.S. gratulating the people of Utah, the achievement. record for a Winter Games was only 13 Salt Lake Organizing Committee and Our resolution recognizes the less- medals. I commend all of our U.S. the competing athletes for an inspiring visible heroes of this year’s Olympics, Olympic team athletes for their tre- Olympic Winter Games. The Com- the law enforcement officers and mili- mendous showing. mittee on International Relations, on tary personnel who rose to the chal- We are also proud to host the which I serve as vice chairman, waived lenge posed by the events of September Paralympic Games, where hundreds of its consideration of this measure before 11 by ensuring that the Winter Games athletes reminded us that all physical the Easter recess to facilitate its con- were safe and secure for athletes and limitations are no boundary to human sideration by the House today. spectators alike. achievement. H1106 CONGRESSIONAL RECORD — HOUSE April 9, 2002 After the horrendous attacks on our Olympic Winter Games. I do not talk and women, this year’s Olympics were country on September 11, United too much of the winter stuff, because I victorious over anxiety and skepticism States citizens and the international come from Florida; but the fact is that and brought off a spectacle that was community as a whole approached the it was exciting, and I had an oppor- equal parts entertainment and uplift. 2002 Winter Olympics with some trepi- tunity to view much of it. The 2002 Winter Olympic Games and dation. There was even talk of can- The 2002 Olympic Games represented 2002 Paralympic Winter Games have celing the games. But the Salt Lake the best of human spirit. The games brought forth the feeling of unity that Organizing Committee and the people were an exemplary exhibition of dedi- is much needed in today’s world. If of Utah could not be deterred by fear. cation, perseverance, and unity that we thousands of athletes, fans, volunteers, Thanks to the united efforts of thou- all strive for and need during these vio- and service persons can come together sands of Federal, State and local law lent times. This year marked the 19th for a few weeks and personify the enforcement and National Guard and Winter Games, which brought 78 na- human spirit, then there is no reason other military personnel, the Olympic tions and more than 2,500 athletes to to doubt that the nations of this world games went off without a single inci- this global arena and gave us some of can come together and join in that dent. The Nation owes all of those si- the most historical and memorable mo- human spirit. lent heroes our deepest thanks for ments of any of the Winter Games. I thank the gentleman from Cali- their continued sacrifice. These games showed us tremendous fornia (Mr. LANTOS) and the gentleman Mr. Speaker, I would like to ask all American diversity and determination, from Utah (Chairman HANSEN). of my colleagues to support this legis- and that is where my interest came in Mr. SMITH of New Jersey. Mr. lation, but before we do, I also have with reference to this resolution. It Speaker, I have no further requests for one tiny little black mark on the flaw- showed us determination and diversity time, and I yield back the balance of lessness of these games, and I say this when, for the first time ever at our my time. with my tongue planted firmly in my Winter Games, African American and Mr. LANTOS. Mr. Speaker, I want to cheek. Hispanic American athletes graced the commend the gentleman from Florida To Mr. Woody Paige, the Denver Post winner’s podium. I hope that the ac- (Mr. HASTINGS), my friend, for an ex- sportswriter, who in a presumed fit of complishments of those African Ameri- traordinarily eloquent and powerful jealousy over Utah having better ski- cans, particularly bobsledder Vonetta statement. ing attractions and amenities than Col- Flowers and Hispanic American speed Mr. CANNON. Mr. Speaker, it is my great orado, maligned the local culture, ridi- skaters Jennifer Rodriguez and Derek pleasure to rise today in support of House culed the religious beliefs of millions of Parra, have opened doors for all of Resolution 363. Americans, and then failed at an insin- those who dare to dream, despite dif- In 1995, Salt Lake city was awarded the cere apology. ficult circumstances. honor of hosting the 2002 Winter Olympic Mr. Paige asserted that Utah had The 2002 games also showed us the Games. Seven years and thousands of volun- only beginner-level skiing. I would love spirit which forms the very foundation teer hours later, the state of Utah welcomed to see Mr. Paige try the men’s downhill of these games. When the Kazakhstan the world to the largest and most successful course, The Grizzly, at Snowbasin, a 77 Women’s Hockey team came to the Winter Olympics ever. Accomplishing this percent drop, going 85 miles an hour in Olympics wearing hospital scrubs with amazing event was no small feat and the tens the first 300 feet. In fact, we Utahans holes in them, a transportation volun- of thousands of people involved deserve to be have a standing invitation to him, with teer took notice and started a collec- recognized for their work and dedication. the press and public watching, for Mr. tion. As a result, anonymous gift bas- There is little doubt that the Olympics would Paige to attempt this ‘‘beginner’s kets were placed on the team’s bus. not have been as successful without the time run.’’ I will be there for his debut, ring- Mr. Speaker, these games were a tre- and incredible efforts of the Salt Lake Orga- ing my cow bell, and perhaps if he mendous success. The athletes shined nizing Committee, headed by President Mitt makes it down in one piece, he will re- and the fans cheered. All of this was Romney and Chairman Robert Garff. But assess his opinion of Utah’s ‘‘Greatest made possible by sheer hard work and equally important were the tireless efforts of Snow on Earth.’’ determination of the thousands of vol- the nearly 20,000 volunteers who opened their Mr. Speaker, I want to thank the unteers, law enforcement agencies, and homes and hearts to the world. Without their good folks of Massachusetts for giving our armed services. The 60 security or- time, talents and generosity, the XIX Winter us Mitt Romney for the time that they ganizations entrusted with the respon- Olympics would not have been the success it did, and now we give him back to you, sibility of protecting the athletes, was. and are sure he will serve you well for coaches, judges and spectators rose to After September 11, some questioned the next 4 years as he has served us in the challenge to provide the safest whether the spirit of the Games could be pre- Utah. Olympic games ever and set an impres- served in light of security concerns. But thanks Mr. LANTOS. Mr. Speaker, I am de- sive precedent for providing security in to the collaboration of over 7,000 federal, lighted to yield such time as he may the future. state, and local law enforcement officers and consume to my good friend, the gen- I would also like to congratulate and 5,400 members of the Armed Forces, not one tleman from Florida (Mr. HASTINGS). thank the residents of Salt Lake City serious incident occurred during the Olympics for opening up their homes and, more and Paralympics. The selfless courage of 1515 b importantly, their hearts to the world these men and women ensured the safety and Mr. HASTINGS of Florida. Mr. and making this a truly magnificent security of all the athletes and visitors to the Speaker, I thank my very good friend, experience for all Americans. Games. the gentleman from California (Mr. I also am immensely proud of the In the aftermath of September 11, the ath- LANTOS), for giving me an opportunity success of the 2002 Paralympic Winter letes became new heroes for America. These to speak on this matter, as well as the Games. The athletes taking part in individuals captured our hearts through their gentleman from Utah (Mr. HANSEN). these games represent the epitome of amazing sacrifices and triumphs. For the first The chairman of the committee and I resolve and dedication. I think that time in Winter Olympic history, an African- spoke about this matter shortly after Rudy Garcia-Tolson, a 13-year-old boy American and Mexican-American won medals, the Olympics and our respective offices who has lost both of his legs to con- inspiring children and adults alike to strive for were proceeding apace with legislation; genital birth defects, but has gone on excellence. and now we come to this, and I am de- to compete in triathlons, said it best As Representatives of the United States, we lighted today that it has come to fru- when he stated, ‘‘My spirit thinks I am must recognize and congratulate through this ition. a regular boy and an athlete. My spirit resolution all Americans who helped make the I rise today to join with my col- soars.’’ 2002 Winter Olympic Games the most suc- leagues in congratulating all of the Today I congratulate those who pro- cessful and memorable ever. people of Utah, the Salt Lake Orga- tected, provided, and performed in the Mr. BLUMENAUER. Mr. Speaker, nizing Committee, and the athletes of 2002 Winter Olympic Games in Salt the success of the 2002 Olympic games the world for a successful, inspira- Lake City. Thanks to the countless ef- in Sale Lake City reflects well the hard tional, and a truly breathtaking 2002 forts of hundreds of determined men work and extraordinary efforts of its April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1107 host city and of the thousands of ath- BUSINESS CHECKING FREEDOM balances at such banks or on whose behalf letes who participated in the games. In ACT OF 2002 such balances are maintained; and ‘‘(iii) the responsibilities of depository in- particular, I would like to congratulate Mr. TOOMEY. Mr. Speaker, I move to the people who work at the Utah Tran- stitutions, Federal home loan banks, and the suspend the rules and pass the bill National Credit Union Administration Cen- sit Authority and Utah Department of (H.R. 1009) to repeal the prohibition on tral Liquidity Facility with respect to the Transportation for their role in mak- the payment of interest on demand de- crediting and distribution of earnings attrib- ing these Games the most mobility- posits, as amended. utable to balances maintained, in accordance friendly in history. The Clerk read as follows: with subsection (c)(1)(A), in a Federal reserve bank by any such entity on behalf of Transit provided a safe, effective and H.R. 1009 efficient transportation alternative for depository institutions. Be it enacted by the Senate and House of Rep- ‘‘(C) DEPOSITORY INSTITUTIONS DEFINED.— tens of thousands of visitors from resentatives of the United States of America in For purposes of this paragraph, the term ‘de- around the world, while also serving Congress assembled, pository institution’, in addition to the in- local residents who rode transit and SECTION 1. SHORT TITLE. stitutions described in paragraph (1)(A), in- helped reduce congestion. The efforts This Act may be cited as the ‘‘Business cludes any trust company, corporation orga- of Utah’s transportation professionals Checking Freedom Act of 2002’’. nized under section 25A or having an agree- helped to ensure that the transpor- SEC. 2. INTEREST-BEARING TRANSACTION AC- ment with the Board under section 25, or any COUNTS AUTHORIZED. branch or agency of a foreign bank (as de- tation system worked seamlessly dur- (a) REPEAL OF PROHIBITION ON PAYMENT OF ing the Olympics. fined in section 1(b) of the International INTEREST ON DEMAND DEPOSITS.— Banking Act of 1978).’’. Salt Lake City developed TRAX, its (1) FEDERAL RESERVE ACT.—Section 19(i) of (b) AUTHORIZATION FOR PASS THROUGH RE- light rail system, in anticipation of the the Federal Reserve Act (12 U.S.C. 371a) is SERVES FOR MEMBER BANKS.—Section 2002 Olympics to reduce growing con- amended to read as follows: 19(c)(1)(B) of the Federal Reserve Act (12 ‘‘(i) [Repealed]’’. gestion levels in the region. Since serv- U.S.C. 461(c)(1)(B)) is amended by striking (2) HOME OWNERS’ LOAN ACT.—The first sen- ‘‘which is not a member bank’’. ice began on the TRAX system in 1999, tence of section 5(b)(1)(B) of the Home Own- (c) CONSUMER BANKING COSTS ASSESS- which opened a year ahead of schedule ers’ Loan Act (12 U.S.C. 1464(b)(1)(B)) is MENT.— and under budget, residents in Utah amended by striking ‘‘savings association (1) IN GENERAL.—Section 1002 of the Finan- have flocked to use it. Ridership has may not—’’ and all that follows through ‘‘(ii) cial Institutions Reform, Recovery, and En- greatly exceeded projections, and re- permit any’’ and inserting ‘‘savings associa- forcement Act of 1989 (12 U.S.C. 1811 note) is mains high on the system even fol- tion may not permit any’’. amended to read as follows: lowing the Olympic Games. (3) FEDERAL DEPOSIT INSURANCE ACT.—Sec- ‘‘SEC. 1002. SURVEY OF BANK FEES AND SERV- tion 18(g) of the Federal Deposit Insurance ICES. In addition to the amazing effort of Act (12 U.S.C. 1828(g)) is amended to read as ‘‘(a) ANNUAL SURVEY REQUIRED.—The Utah’s transit employees, transit sys- follows: Board of Governors of the Federal Reserve tems from around the nation helped ‘‘(g) [Repealed]’’. System shall obtain annually a sample, support the Olympic games. Buses and (b) EFFECTIVE DATE.—The amendments which is representative by type and size of made by subsection (a) shall take effect at the institution (including small institutions) light rail cars borrowed from across the end of the 2-year period beginning on the and geographic location, of the following re- the country, in addition to 1,100 transit date of the enactment of this Act. tail banking services and products provided operators from other cities who came SEC. 3. INTEREST-BEARING TRANSACTION AC- by insured depository institutions and in- to Salt Lake City to assist the UTA, COUNTS AUTHORIZED FOR ALL sured credit unions (along with related fees made the difference in the quality of BUSINESSES. and minimum balances): transit service provided to the approxi- Section 2 of Public Law 93–100 (12 U.S.C. ‘‘(1) Checking and other transaction ac- mately 1.7 million spectators, athletes, 1832) is amended— counts. (1) by redesignating subsections (b) and (c) ‘‘(2) Negotiable order of withdrawal and trainers, officials, journalists, sponsors as subsections (c) and (d), respectively; and savings accounts. and staff attending the 2002 Olympics. (2) by inserting after subsection (a) the fol- ‘‘(3) Automated teller machine trans- The Amalgamated Transit Union also lowing: actions. played a key role in encouraging driv- ‘‘(b) Notwithstanding any other provision ‘‘(4) Other electronic transactions. ers and maintenance personnel to par- of law, any depository institution may per- ‘‘(b) MINIMUM SURVEY REQUIREMENT.—The ticipate in the Olympics by helping the mit the owner of any deposit or account annual survey described in subsection (a) Salt Lake Organizing Committee. The which is a deposit or account on which inter- shall meet the following minimum require- est or dividends are paid and is not a deposit ments: willingness of transit agencies from or account described in subsection (a)(2) to ‘‘(1) CHECKING AND OTHER TRANSACTION AC- throughout the United States to sup- make up to 24 transfers per month (or such COUNTS.—Data on checking and transaction port Salt Lake City during the 2002 greater number as the Board of Governors of accounts shall include, at a minimum, the Olympics demonstrates yet another the Federal Reserve System may determine following: winning team for our country. by rule or order), for any purpose, to another ‘‘(A) Monthly and annual fees and min- Mr. LANTOS. Mr. Speaker, we have account of the owner in the same institu- imum balances to avoid such fees. tion. An account offered pursuant to this ‘‘(B) Minimum opening balances. no further requests for time, and I subsection shall be considered a transaction ‘‘(C) Check processing fees. yield back the balance of my time. account for purposes of section 19 of the Fed- ‘‘(D) Check printing fees. The SPEAKER pro tempore (Mr. eral Reserve Act unless the Board of Gov- ‘‘(E) Balance inquiry fees. WALDEN of Oregon). The question is on ernors of the Federal Reserve System deter- ‘‘(F) Fees imposed for using a teller or the motion offered by the gentleman mines otherwise.’’. other institution employee. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT ‘‘(G) Stop payment order fees. from New Jersey (Mr. SMITH) that the FEDERAL RESERVE BANKS. ‘‘(H) Nonsufficient fund fees. House suspend the rules and agree to (a) IN GENERAL.—Section 19(b) of the Fed- ‘‘(I) Overdraft fees. the resolution, H. Res. 363, as amended. eral Reserve Act (12 U.S.C. 461(b)) is amended ‘‘(J) Deposit items returned fees. The question was taken. by adding at the end the following new para- ‘‘(K) Availability of no-cost or low-cost ac- graph: counts for consumers who maintain low bal- The SPEAKER pro tempore. In the ‘‘(12) EARNINGS ON RESERVES.— ances. opinion of the Chair, two-thirds of ‘‘(A) IN GENERAL.—Balances maintained at ‘‘(2) NEGOTIABLE ORDER OF WITHDRAWAL AC- those present have voted in the affirm- a Federal reserve bank by or on behalf of a COUNTS AND SAVINGS ACCOUNTS.—Data on ne- ative. depository institution may receive earnings gotiable order of withdrawal accounts and Mr. SMITH of New Jersey. Mr. to be paid by the Federal reserve bank at savings accounts shall include, at a min- least once each calendar quarter at a rate or imum, the following: Speaker, on that I demand the yeas rates not to exceed the general level of ‘‘(A) Monthly and annual fees and min- and nays. short-term interest rates. imum balances to avoid such fees. The yeas and nays were ordered. ‘‘(B) REGULATIONS RELATING TO PAYMENTS ‘‘(B) Minimum opening balances. The SPEAKER pro tempore. Pursu- AND DISTRIBUTION.—The Board may prescribe ‘‘(C) Rate at which interest is paid to con- regulations concerning— sumers. ant to clause 8 of rule XX and the ‘‘(i) the payment of earnings in accordance ‘‘(D) Check processing fees for negotiable Chair’s prior announcement, further with this paragraph; order of withdrawal accounts. proceedings on this motion will be ‘‘(ii) the distribution of such earnings to ‘‘(E) Fees imposed for using a teller or postponed. the depository institutions which maintain other institution employee. H1108 CONGRESSIONAL RECORD — HOUSE April 9, 2002 ‘‘(F) Availability of no-cost or low-cost ac- credit card fee or charge that is available to eral Reserve System for transfer to the Sec- counts for consumers who maintain low bal- the Board even though such information is retary of the Treasury for deposit in the gen- ances. not required by such amendment. eral fund of the Treasury, such sums as are ‘‘(3) AUTOMATED TELLER TRANSACTIONS.— ‘‘(d) DEFINITIONS.—For purposes of this sec- necessary to equal the net cost of section Data on automated teller machine trans- tion, the term ‘‘insured depository institu- 19(b)(12) in each of the fiscal years 2002 actions shall include, at a minimum, the fol- tion’’ has the meaning given such term in through 2006. lowing: section 3 of the Federal Deposit Insurance ‘‘(B) ALLOCATION BY FEDERAL RESERVE ‘‘(A) Monthly and annual fees. Act, and the term ‘‘insured credit union’’ has BOARD.—Of the total amount required to be ‘‘(B) Card fees. the meaning given such term in section 101 paid by the Federal reserve banks under sub- ‘‘(C) Fees charged to customers for with- of the Federal Credit Union Act.’’. paragraph (A) for fiscal years 2002 through drawals, deposits, and balance inquiries (2) AMENDMENT TO THE TRUTH IN LENDING 2006, the Board of Governors of the Federal through institution-owned machines. ACT.— Reserve System shall determine the amount ‘‘(D) Fees charged to customers for with- (A) IN GENERAL.—Paragraph (1) of section each such bank shall pay in such fiscal year. drawals, deposits, and balance inquiries 136(b) of the Truth in Lending Act (15 U.S.C. ‘‘(C) REPLENISHMENT OF SURPLUS FUND PRO- through machines owned by others. 1646(b)(1)) is amended to read as follows: HIBITED.—During fiscal years 2002 through ‘‘(E) Fees charged to noncustomers for ‘‘(1) COLLECTION REQUIRED.—The Board 2006, no Federal reserve bank may replenish withdrawals, deposits, and balance inquiries shall collect, on a semiannual basis, from a such bank’s surplus fund by the amount of through institution-owned machines. broad sample of financial institutions which any transfer by such bank under subpara- ‘‘(F) Point-of-sale transaction fees. offer credit card services, credit card price graph (A).’’. ‘‘(4) OTHER ELECTRONIC TRANSACTIONS.— and availability information including— (b) TECHNICAL AND CONFORMING AMEND- Data on other electronic transactions shall ‘‘(A) the information required to be dis- MENT.—Section 7(a) of the Federal Reserve include, at a minimum, the following: closed under section 127(c) of this chapter; Act (12 U.S.C. 289(a)) is amended by adding at ‘‘(A) Wire transfer fees. ‘‘(B) the average total amount of finance the end the following new paragraph: ‘‘(B) Fees related to payments made over charges paid by consumers; and ‘‘(3) PAYMENT TO TREASURY.—During fiscal the Internet or through other electronic ‘‘(C) the following credit card rates and years 2002 through 2006, any amount in the means. fees: surplus fund of any Federal reserve bank in ‘‘(5) OTHER FEES AND CHARGES.—Data on ‘‘(i) Application fees. excess of the amount equal to 3 percent of any other fees and charges that the Board of ‘‘(ii) Annual percentage rates for cash ad- the paid-in capital and surplus of the mem- Governors of the Federal Reserve System de- vances and balance transfers. ber banks of such bank shall be transferred termines to be appropriate to meet the pur- ‘‘(iii) Maximum annual percentage rate to the Secretary of the Treasury for deposit poses of this section. that may be charged when an account is in in the general fund of the Treasury.’’. ‘‘(6) FEDERAL RESERVE BOARD AUTHORITY.— default. SEC. 7. RULE OF CONSTRUCTION. The Board of Governors of the Federal Re- ‘‘(iv) Fees for the use of convenience In the case of an escrow account main- serve System may cease the collection of in- checks. tained at a depository institution in connec- formation with regard to any particular fee ‘‘(v) Fees for balance transfers. tion with a real estate transaction— or charge specified in this subsection if the ‘‘(vi) Fees for foreign currency conver- (1) the absorption, by the depository insti- Board makes a determination that, on the sions.’’. tution, of expenses incidental to providing a basis of changing practices in the financial (B) EFFECTIVE DATE.—The amendment normal banking service with respect to such services industry, the collection of such in- made by subparagraph (A) shall take effect escrow account; formation is no longer necessary to accom- on January 1, 2003. (2) the forbearance, by the depository insti- plish the purposes of this section. (3) REPEAL OF SUNSET PROVISION.—Section tution, from charging a fee for providing any ‘‘(c) ANNUAL REPORT TO CONGRESS RE- 108 of the Riegle-Neal Interstate Banking such banking function; and QUIRED.— and Branching Efficiency Act of 1994 is here- (3) any benefit which may accrue to the ‘‘(1) PREPARATION.—The Board of Gov- by repealed. ernors of the Federal Reserve System shall holder or the beneficiary of such escrow ac- (4) NONAPPLICABILITY OF OTHER PROVISION prepare a report of the results of each survey count as a result of an action of the deposi- OF LAW.—Section 3003(a)(1) of the Federal Re- tory institution described in subparagraph conducted pursuant to subsections (a) and (b) ports Elimination and Sunset Act of 1995 (31 (1) or (2) or similar in nature to such action, of this section and section 136(b)(1) of the U.S.C. 1113 note) shall not apply to any re- Consumer Credit Protection Act. shall not be treated as the payment or report required to be submitted under section ‘‘(2) CONTENTS OF THE REPORT.—In addition ceipt of interest for purposes of this Act and 1002(b) of Financial Institutions Reform, Re- to the data required to be collected pursuant any provision of Public Law 93-100, the Fed- covery, and Enforcement Act of 1989. to subsections (a) and (b), each report pre- eral Reserve Act, the Home Owners’ Loan (d) TECHNICAL AND CONFORMING AMEND- pared pursuant to paragraph (1) shall include Act, or the Federal Deposit Insurance Act re- MENTS.—Section 19 of the Federal Reserve a description of any discernible trend, in the Act (12 U.S.C. 461) is amended— lating to the payment of interest on ac- Nation as a whole, in a representative sam- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), counts or deposits at depository institutions. ple of the 50 States (selected with due regard by striking subparagraph (C) and redesig- The SPEAKER pro tempore. Pursu- for regional differences), and in each consoli- nating subparagraphs (D) and (E) as subpara- ant to the rule, the gentleman from dated metropolitan statistical area (as de- graphs (C) and (D), respectively; and Pennsylvania (Mr. TOOMEY) and the fined by the Director of the Office of Man- (2) in subsection (c)(1)(A) (12 U.S.C. agement and Budget), in the cost and avail- gentleman from Texas (Mr. GONZALEZ) 461(c)(1)(A)), by striking ‘‘subsection each will control 20 minutes. ability of the retail banking services, includ- (b)(4)(C)’’ and inserting ‘‘subsection (b)’’. ing those described in subsections (a) and (b) The Chair recognizes the gentleman SEC. 5. INCREASED FEDERAL RESERVE BOARD (including related fees and minimum bal- FLEXIBILITY IN SETTING RESERVE from Pennsylvania (Mr. TOOMEY). ances), that delineates differences between REQUIREMENTS. GENERAL LEAVE institutions on the basis of the type of insti- Section 19(b)(2)(A) of the Federal Reserve Mr. TOOMEY. Mr. Speaker, I ask tution and the size of the institution, be- Act (12 U.S.C. 461(b)(2)(A)) is amended— unanimous consent that all Members tween large and small institutions of the (1) in clause (i), by striking ‘‘the ratio of 3 same type, and any engagement of the insti- per centum’’ and inserting ‘‘a ratio not may have 5 legislative days within tution in multistate activity. greater than 3 percent (and which may be which to revise and extend their re- ‘‘(3) SUBMISSION TO CONGRESS.—The Board zero)’’; and marks on this legislation and to insert of Governors of the Federal Reserve System (2) in clause (ii), by striking ‘‘and not less extraneous materials on the bill. shall submit an annual report to the Con- than 8 per centum,’’ and inserting ‘‘(and The SPEAKER pro tempore. Is there gress not later than June 1, 2004, and not which may be zero),’’. objection to the request of the gen- later than June 1 of each subsequent year. SEC. 6. TRANSFER OF FEDERAL RESERVE SUR- tleman from Pennsylvania? ‘‘(4) TRANSITION PROVISION.—Notwith- PLUSES. There was no objection. standing section 4(c)(3) of the Business (a) IN GENERAL.—Section 7(b) of the Fed- Checking Freedom Act of 2002, the Board of eral Reserve Act (12 U.S.C. 289(b)) is amended Mr. TOOMEY. Mr. Speaker, I yield Governors of the Federal Reserve System by adding at the end the following new para- myself 5 minutes as I rise today in sup- shall, on an interim basis, continue to com- graph: port of H.R. 1009, the Business Check- ply with the requirements for the bank fee ‘‘(4) ADDITIONAL TRANSFERS TO COVER IN- ing Freedom Act of 2002. survey under the amendment made to this TEREST PAYMENTS FOR FISCAL YEARS 2002 Let me begin by saying that as a section by section 108 of the Riegle-Neal THROUGH 2006.— former small business owner, I have Interstate Banking and Branching Efficiency ‘‘(A) IN GENERAL.—In addition to the seen firsthand just how challenging it Act of 1994 for reports submitted to the Con- amounts required to be transferred from the gress under this section not later than June surplus funds of the Federal reserve banks can be to run and operate a small busi- 1, 2003, except that the Board shall incor- pursuant to subsection (a)(3), the Federal re- ness and the endless headaches that porate within any such report, to the extent serve banks shall transfer from such surplus come with playing so many roles: mak- possible, any additional information on any funds to the Board of Governors of the Fed- ing a payroll every Friday, complying April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1109 with an almost endless amount of regu- the NFIB, the America’s Community Mr. GONZALEZ. Mr. Speaker, I yield lation, paperwork, and taxes. Bankers, the National Association of myself such time as I may consume. It is an unfortunate fact that regula- Federal Credit Unions, the Association I rise in strong support of H.R. 1009. tion itself, applied equally to large and for Financial Professionals, and the This legislation repeals an outdated small entities, is more burdensome to Independent Insurance Agents of Amer- prohibition against banks paying inter- the smaller businesses, because they ica are just a handful of the inde- est to their business customers on just have fewer resources with which to pendent organizations that support their checking accounts, and we sup- meet the needs of the regulatory envi- this bill. port it wholeheartedly. ronment and to cover the overhead In addition, on March 19 of this year, The repeal of the ban on interest- costs. Despite these obstacles, many President Bush announced that repeal- bearing checking accounts represents small businesses are thriving. ing the prohibition on business interest another important step in the mod- What I think we can do here in Con- checking would be included as part of ernization of our financial services in- gress is ask ourselves, Are there ways his small business legislative plan. dustry. This ban was adopted in the that we can help these businesses to In addition to the President, the Fed- Great Depression out of fear that thrive, help them expand their bottom eral regulators support this legislative banks seeking business accounts would line, help them to hire more workers, change as well. In their 1996 joint re- bid against each other with higher in- become more productive, and con- port, ‘‘Streamlining of Regulatory Re- terest rates and, thus, contribute to tribute more to our economy? I think quirements,’’ the Board of Governors of bank insolvencies. Federal banking we can do that by fostering an environ- the Federal Reserve System, the FDIC, agencies have all concluded that the ban no longer serves a useful public ment where the free enterprise market the Office of the Comptroller of the purpose and that it is outdated in this system can thrive. Part of that means Currency, and the Office of Thrift Su- modern financial services environment. pervision stated that they believe that eliminating unnecessary regulation. Mr. Speaker, H.R. 1009 promotes That is something we can do today. the 1933 statutory prohibition against healthy competition within the finan- It may be hard to believe for many payment of interest on business check- cial services community for commer- folks, but we actually have a law on ing accounts ‘‘no longer serves a public cial checking accounts, which can only the books today that prohibits banks purpose.’’ benefit the business community, par- from even having the option of offering There is another important feature ticularly the small business commu- to pay interest on the checking ac- that I would like to touch on briefly in nity, with more efficient, cost-effective counts held by businesses with those this bill, and that is that in addition to financial services. banks. It is actually illegal for a bank providing small business with much- Current law and market conditions in America to pay interest to a busi- needed relief, H.R. 1009 would authorize prevent many small businesses from ness that keeps a balance in its check- a payment of interest on certain re- obtaining easy access to interest-bearing account. serves that banks are required to main- ing checking accounts, while many Now, this has implications. The in- tain at the Federal Reserve, the so- larger businesses and their banks have ability of depository institutions to called ‘‘sterile reserves.’’ Just as it found a way around the interest prohi- pay interest on these business checking makes no sense to prohibit banks from bition through complicated sweep ac- accounts really hurts all sectors of our paying interest on business checking, counts and other devices. This legisla- economy, but the harm is especially it also makes no sense to continue to tion would end this discrepancy be- pronounced on small businesses. Spe- prohibit the Federal Reserve from pay- tween small and large businesses and, cifically, it means that the small flo- ing interest to banks on their sterile ultimately, increase the efficiency of rist shop in Pennsburg, Pennsylvania, reserves. the Nation’s economy. cannot earn any interest on the hard- Federal Reserve Chairman Alan b 1530 earned balance that they have to keep Greenspan has testified before our com- in their checking account to pay the mittee, the Committee on Financial I do share the concerns of many of bills. Over the course of a year or two, Services, that repealing the prohibition my colleagues on the Committee on Fi- that could mean several hundred dol- against paying interest on sterile re- nancial Services that the Federal Re- lars. In time it could mean the dif- serves would have the additional ben- serve sterile reserve interest payment ference between making a payroll and efit of facilitating the Federal Re- provisions of this bill may contribute not making a payroll. serve’s management of U.S. monetary to the budget deficit. But I believe that It means the auto mechanics shop on policy. In part because the Fed pays no H.R. 1009, on balance, makes an impor- Northampton Street in Easton, Penn- interest on these Reserves, balances at tant and necessary contribution to the sylvania, cannot earn the interest on Federal Reserve banks have declined long-term health of our Nation’s econ- their hard-earned checking account dramatically in recent years. The Fed- omy. I would also like to note that this balance, and that could make the dif- eral Reserve believes that paying inter- bill includes a Democratic-sponsored ference in investing in the latest tech- est on these reserves would have the ef- provision that will provide an annual nology for diagnostic equipment for car fect of stemming that decline and assessment by the Federal Reserve of repairs. thereby enhancing their ability to con- the fees charged retail bank accounts. Now more than ever, a change in this duct monetary policy. With fees representing an ever-growing law would be very helpful to businesses I would like to thank the gentleman share of bank earnings, an annual sur- as they struggle through this economic from Ohio (Mr. OXLEY), the chairman vey of retail bank fees is, in my view, slowdown and try to get this economy of this committee, and the gentleman increasingly important. moving again. from New York (Mr. LAFALCE), the Mr. Speaker, I believe H.R. 1009 Today, what Congress can do to help ranking member, for their strong sup- makes an important contribution to is we can pass H.R. 1009, the Business port of this bill and for bringing it to improving the financing opportunities Checking Freedom Act of 2002. The bill the House floor today. I would also like for many small businesses across the contains several commonsense reforms; to thank the gentlewoman from New country. but most importantly, it eliminates York (Mrs. KELLY) and the gentleman Mr. Speaker, I urge my colleagues to the ban on the payment of interest on from Pennsylvania (Mr. KANJORSKI) for vote for the bill, and I reserve the bal- business checking accounts that is cur- their contributions, their support, and ance of my time. rently imposed on banks after a 2-year their leadership on this legislation. I Mr. TOOMEY. Mr. Speaker, I yield transition period. The ban has been in believe this legislation is long overdue. myself such time as I may consume. effect since the Great Depression. I am hopeful that the other Chamber Mr. Speaker, I would like to thank Frankly, it was probably never a very will soon bring it up as well. I urge my the gentleman from Texas (Mr. GON- good idea, but it is certainly long over- colleagues to pass this pro-small busi- ZALEZ) for his leadership and support of due for appeal now; and today is our ness, pro-small bank, pro-free market this legislation. chance to abolish this ban. legislation. Mr. Speaker, I yield 3 minutes to the Support for this bill is nearly uni- Mr. Speaker, I reserve the balance of gentlewoman from Illinois (Mrs. versal. The U.S. Chamber of Commerce, my time. BIGGERT). H1110 CONGRESSIONAL RECORD — HOUSE April 9, 2002 Mrs. BIGGERT. Mr. Speaker, I want Mr. TOOMEY. Mr. Speaker, I yield Pennsylvania (Mr. KANJORSKI) and the to thank the gentleman from Pennsyl- such time as he may consume to the gentleman from Texas (Mr. GONZALEZ). vania for yielding this time to me, and gentleman from Alabama (Mr. BACH- Also, finally, I want to commend the for agreeing to engage in a colloquy on US), chairman of the Subcommittee on gentlewoman from New York (Mrs. section 7 of the Business Checking Financial Institutions and Consumer KELLY) for her work on this bill, and Freedom Act of 2002. Credit. the chairman of the full committee, I also want to thank him for includ- Mr. BACHUS. Mr. Speaker, I thank the gentleman from Ohio (Mr. OXLEY). ing in this bill section 7, rule of con- the gentleman for yielding time to me. Mr. TOOMEY. Mr. Speaker, I yield struction. This provision addresses the Mr. Speaker, I rise in strong support such time as he may consume to the treatment of certain services and bene- of H.R. 1009. I first want to commend gentleman from California (Mr. fits provided by banks in connection the gentleman from Pennsylvania (Mr. ROYCE). with escrow accounts for real estate TOOMEY) for bringing this legislation to Mr. ROYCE. Mr. Speaker, I thank the closing transactions. It makes certain the floor. This is important legislation. gentleman for giving me this time, and that the current legal definition of in- Members will recall that the House I rise in strong support of the bill of- terest and the existing legal treatment passed legislation very similar to this, fered by the gentleman from Pennsyl- of real estate closing escrow trans- which the gentleman from Pennsyl- vania (Mr. TOOMEY), which is titled actions remain the same. vania (Mr. TOOMEY) sponsored back in H.R. 1009, the Business Checking Free- Under current Federal law and regu- April of last year. Then, at the end of dom Act. lations, particularly the Federal Re- last year, we passed the terrorist insur- Mr. Speaker, this bill really follows serve’s regulation Q, banks may pro- ance legislation. We passed several in the footsteps of groundbreaking leg- vide depositors with services and bene- other important pieces of legislation islation that we already passed in the fits, instead of interest. I originally designed to get the economy going, de- House of Representatives when we re- asked that a similar provision be in- signed to eliminate unnecessary regu- pealed outdated Depression era concluded in H.R. 974 in committee. lations, to stimulate growth, to create straints on the financial services indus- My interest in the issue stems from jobs, and to end the recession in our try and moved to move that industry my experiences handling real estate regulations. into the 21st century. closings early in my legal career and This legislation, like the terrorist in- Giving banks the ability to pay inter- seeing firsthand the importance of reg- surance legislation that President est on business checking accounts has ulation Q. I am grateful that adjust- Bush strongly urged the other body to been endorsed by the President as part ments are being made in the current get to work in passing, has not been of his small business agenda. The Fed- version, and that the bill is moving for- passed by the other body. It is time eral Reserve Board also has long sup- ward. that we sent this legislation out with a ported efforts to allow banks to offer Section 7 is especially important to strong vote and a strong message to interest on demand accounts, and the title insurance companies, agents, and the other body to get to work passing measure enjoys a broad base of indus- attorneys, who, like other businesses, this legislation and other important try support, including support from the often receive free or lower-cost bank legislation. National Federation of Independent services instead of interest on their This legislation had strong bipar- Businesses, from the U.S. Chamber of real estate escrow accounts. tisan support. I want to commend the Commerce, from America’s Community By not treating such services and gentleman from Texas (Mr. GONZALEZ) Bankers, from the National Associa- benefits as constituting the payment of and the gentleman from Pennsylvania tion of Federal Credit Unions, from the interest, the Federal Reserve ensures a (Mr. TOOMEY). In speaking on this leg- Association of Financial Professionals, real estate closing system that benefits islation, they basically have already and from the Independent Insurance both those who are delivering real es- outlined to this House amply why we Agents of America. tate services and those borrowers who need this legislation. The inability of depository institu- receive the ultimate benefits of more Mr. Speaker, this is critically impor- tions to pay interest on business ac- efficient, lower-cost services. tant to small businesses. Large cor- counts hurts all sectors of the economy In my legal practice, I became very porations use sweep accounts. They use and decreases the overall competitive- familiar with these types of arrange- sophisticated computer programs and ness of the American markets. This ments, and can attest to the fact that complex programs to earn interest on legislation gives small businesses the they facilitated and made more effi- their commercial deposits. Small busi- jumpstart they need to create new jobs cient the real estate closing process. ness owners do not get those same ben- and improve the economy while remov- I strongly support this provision of efits. ing burdensome regulations from small the bill, and would ask the gentleman Money center banks can attract de- banks and allowing the market to from Pennsylvania (Mr. TOOMEY) if he posits from large corporate customers. work. I think that is the point that the is of the same view regarding the in- They promise them, through sweep ac- author, the gentleman from Pennsyl- tent of this provision. counts, that they will be compensated vania (Mr. TOOMEY), makes so well. Mr. TOOMEY. Mr. Speaker, will the for the use of their money. Our small Mr. Speaker, I strongly encourage all gentlewoman yield? community banks do not do this, or it of my colleagues to support this legis- Mrs. BIGGERT. I yield to the gen- would cost them a great expense to do lation and to strike a victory for the tleman from Pennsylvania. this. American economy. I recognize that Mr. TOOMEY. Mr. Speaker, I would This legislation would simply enable many businesses, by the way, maintain tell the gentlewoman, having sup- the small businesses, whether it is a what are called ‘‘now accounts.’’ Those ported this provision since we first con- florist, a body shop, an auto body shop, that do will not receive this benefit. I sidered this bill last year, I assure the a law firm, a doctor’s office, a beauty hope that in the future, as this legisla- gentlewoman that I agree with her. shop, it will allow them to get the tion moves, the restriction on interest This provision rightfully preserves the same benefits that large corporations on corporate now accounts is also re- current status of real estate escrow ac- are getting today. pealed. counts held in connection with real es- It will also allow the small commu- Lastly, I just want to thank the gen- tate closing transactions, and specifi- nity banks to attract deposits. We all tleman from Pennsylvania (Mr. cally in services and benefits that know that that is key for the small TOOMEY) for the opportunity to speak banks may provide instead of interest banks or community banks in attract- in support of his important bill. on such accounts. ing deposits, keeping those deposits Mr. TOOMEY. Mr. Speaker, I yield Mrs. BIGGERT. I thank the gen- and keeping those monies in the local myself such time as I may consume. tleman for this clarification, Mr. communities. Mr. Speaker, I think the case has Speaker. Again, I want to commend the gen- been made very clearly that it is long Mr. GONZALEZ. Mr. Speaker, I have tleman from Pennsylvania (Mr. past time to repeal this really archaic no further requests for time, and I TOOMEY) and the other party, the mi- Depression era law that no longer yield back the balance of my time. nority party, the gentleman from serves any useful purpose, if it ever did. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1111 I urge my colleagues to support this tempore (Mrs. BIGGERT) at 6 o’clock [Roll No. 80] bill. and 36 minutes p.m. YEAS—361 Mr. OXLEY. Mr. Speaker, the legislation the f Abercrombie Etheridge Lee House considers today represents the Finan- Ackerman Evans Levin cial Services Committee’s continuing efforts to Akin Farr Lewis (GA) ANNOUNCEMENT OF INTENTION TO Allen Fattah Lewis (KY) modernize America’s laws so that they pro- OFFER MOTION TO INSTRUCT Andrews Ferguson Linder mote economic growth and the free market. CONFEREES ON H.R. 2646, FARM Armey Flake Lipinski Today’s legislation is but one of many needed SECURITY ACT OF 2001 Baca Fletcher Lofgren reforms to ensure that outdated thinking Bachus Foley Lowey Mr. PHELPS. Madam Speaker, pur- Baird Forbes Lucas (KY) doesn’t stifle the competitive forces of mar- suant to clause 7(c) of rule XXII, I Baker Ford Lucas (OK) kets, and the changes made by H.R. 1009 are Baldacci Frank Luther hereby announce my intention to offer long overdue. Baldwin Frelinghuysen Lynch Under current law, small businesses are the the following motion to instruct House Ballenger Frost Maloney (CT) conferees tomorrow on H.R. 2646. Barcia Gallegly Maloney (NY) only entities which must leave their capital Barr Ganske Manzullo lying idle in non-interest bearing accounts. The The form of the motion is as follows: Barrett Gekas Markey Business Checking Freedom Act of 2002 cor- Mr. PHELPS moves that the managers Bartlett Gibbons Mascara Barton Gilchrest Matheson rects this problem. This change is simply com- on the part of the House at the conference on the disagreeing votes of the Bass Gillmor Matsui mon sense, which is why a similar measure Bentsen Gilman McCarthy (MO) two Houses on the Senate amendment sponsored by Representative KELLY was Bereuter Gonzalez McCarthy (NY) passed by this body over a year ago. Unfortu- to the bill H.R. 2646, an act to provide Berkley Goode McCollum for the continuation of agricultural Berman Goodlatte McCrery nately, as has been the case with so many im- Berry Gordon McGovern portant reforms passed by the House this programs through fiscal year 2011, be Biggert Goss McHugh Congress, the other body has refused to take instructed to agree to the provisions Bilirakis Graham McInnis contained in section 1071 of the Senate Bishop Granger McIntyre up Representative KELLY’s bill for consider- amendment, relating to reenactment of Blumenauer Graves McKeon ation. While the other body waits, millions of Blunt Green (WI) Meehan small businesses across America are denied the family farmer bankruptcy provi- Boehlert Greenwood Meek (FL) the opportunity to earn interest, which they sions contained in chapter 12 of Title Boehner Grucci Meeks (NY) 11, United States Code. Bonilla Hall (OH) Millender- could put towards hiring more workers and im- Bonior Hall (TX) McDonald proving their operations. Madam Speaker, I plan to offer this Bono Hansen Miller, Dan H.R. 1009 is an important reform that will motion with the gentleman from Penn- Boozman Harman Miller, Gary sylvania (Mr. HOLDEN). Boswell Hart Miller, Jeff have tangible effects on our economy. That’s Boucher Hastings (FL) Mink why the President included these reforms in f Boyd Hastings (WA) Moran (KS) his plan for revitalizing small business and en- Brady (TX) Hayes Moran (VA) ANNOUNCEMENT BY THE SPEAKER Brown (OH) Hayworth Morella trepreneurship. It is also why Federal Reserve Brown (SC) Herger Murtha Chairman Alan Greenspan supports this bill. PRO TEMPORE Bryant Hill Myrick By passing this legislation today the House The SPEAKER pro tempore. Pursu- Burr Hilleary Nadler will continue to demonstrate its leadership in Callahan Hinchey Napolitano ant to clause 8 of rule XX, the Chair Camp Hinojosa Neal improving our laws to reflect the realities of will now put the question on motions Cantor Hobson Nethercutt the 21st century. to suspend the rules on which further Capito Hoeffel Ney Mr. Speaker, it is time for the other body to proceedings were postponed earlier Capps Hoekstra Northup follow our lead. I thank Representative Cardin Holden Norwood today. Carson (IN) Holt Nussle TOOMEY for his outstanding leadership in this Votes will be taken in the following Carson (OK) Honda Obey area. His efforts will help small businessmen order: Castle Hooley Ortiz and women across America, and as Chairman Chabot Horn Osborne Journal vote, de novo; Chambliss Hostettler Ose of the Financial Services Committee I am House Resolution 377, by the yeas and Clay Houghton Otter grateful. I urge all of my colleagues to support nays; Clayton Hoyer Owens H.R. 1009. H.R. 3958, by the yeas and nays; Clyburn Hyde Oxley Mr. TOOMEY. Mr. Speaker, I have no Coble Inslee Pallone House Resolution 363, by the yeas and Combest Isakson Pascrell further requests for time, and I yield nays. Conyers Israel Pastor back the balance of my time. The Chair will reduce to 5 minutes Cooksey Issa Paul The SPEAKER pro tempore (Mr. the time for any electronic vote after Cox Istook Payne WALDEN of Oregon). The question is on Coyne Jackson (IL) Pelosi the first such vote in this series. Cramer Jackson-Lee Pence the motion offered by the gentleman Crenshaw (TX) Peterson (PA) from Pennsylvania (Mr. TOOMEY) that f Crowley Jefferson Petri the House suspend the rules and pass Cubin Jenkins Phelps THE JOURNAL Culberson John Pickering the bill, H.R. 1009, as amended. Cummings Johnson (CT) Pitts The question was taken; and (two- Pursuant to clause 8 of rule XX, the Cunningham Johnson (IL) Pomeroy thirds having voted in favor thereof) pending business is the question of the Davis (CA) Johnson, E. B. Portman the rules were suspended and the bill, Speaker’s approval of the Journal of Davis (FL) Johnson, Sam Price (NC) Davis (IL) Jones (OH) Putnam as amended, was passed. the last day’s proceedings. Davis, Jo Ann Kanjorski Quinn A motion to reconsider was laid on The question is on agreeing to the Davis, Tom Kaptur Rahall the table. Speaker’s approval of the Journal. Deal Keller Ramstad The question was taken; and the DeGette Kelly Rangel f Delahunt Kennedy (RI) Regula Speaker pro tempore announced that RECESS DeLauro Kerns Rehberg the ayes appeared to have it. DeLay Kildee Reyes The SPEAKER pro tempore. Pursu- Mr. LAHOOD. Madam Speaker, I ob- DeMint Kilpatrick Reynolds ant to clause 12 of rule I, the Chair de- Deutsch Kind (WI) Rivers ject to the vote on the ground that a Diaz-Balart King (NY) Rodriguez clares the House in recess until ap- quorum is not present and make the Dicks Kingston Roemer proximately 6:30 p.m. point of order that a quorum is not Doggett Kirk Rogers (KY) Accordingly (at 3 o’clock and 40 min- present. Dooley Kleczka Rogers (MI) utes p.m.), the House stood in recess Doolittle Knollenberg Rohrabacher The SPEAKER pro tempore. Evi- Dreier Kolbe Ros-Lehtinen until approximately 6:30 p.m. dently a quorum is not present. Duncan LaFalce Ross f The Sergeant at Arms will notify ab- Dunn LaHood Rothman sent Members. Edwards Lampson Roukema b 1836 Ehlers Langevin Roybal-Allard The vote was taken by electronic de- Ehrlich Lantos Royce AFTER RECESS vice, and there were—yeas 361, nays 43, Emerson Larson (CT) Rush The recess having expired, the House answered ‘‘present’’ 1, not voting 29, as Engel LaTourette Ryun (KS) Eshoo Leach Sanchez was called to order by the Speaker pro follows: H1112 CONGRESSIONAL RECORD — HOUSE April 9, 2002 Sanders Smith (WA) Towns pending the rules and agreeing to the McCarthy (MO) Platts Snyder Sandlin Snyder Turner McCarthy (NY) Pombo Solis Sawyer Solis Upton resolution, H. Res. 377. McCollum Pomeroy Souder Saxton Souder Velazquez The Clerk read the title of the resolu- McCrery Portman Spratt Schakowsky Spratt Vitter tion. McDermott Price (NC) Stark Schiff Stark Walden The SPEAKER pro tempore. The McGovern Putnam Stearns Schrock Stearns Walsh McHugh Quinn Stenholm Scott Stenholm Wamp question is on the motion offered by McInnis Rahall Strickland Sensenbrenner Stump Waters the gentleman from Virginia (Mr. TOM McIntyre Ramstad Stump Serrano Stupak Watkins (OK) DAVIS) that the House suspend the McKeon Rangel Stupak Shadegg Sullivan Watson (CA) McNulty Regula Sullivan Shaw Sununu Watt (NC) rules and agree to the resolution, H. Meehan Rehberg Sununu Shays Tanner Watts (OK) Res. 377, on which the yeas and nays Meek (FL) Reyes Sweeney Sherman Tauscher Waxman are ordered. Meeks (NY) Reynolds Tancredo Sherwood Tauzin Weiner This will be a 5-minute vote. Menendez Rivers Tanner Shimkus Taylor (NC) Weldon (FL) Millender- Rodriguez Tauscher Shows Terry Weldon (PA) The vote was taken by electronic de- McDonald Roemer Tauzin Shuster Thomas Wexler vice, and there were—yeas 403, nays 0, Miller, Dan Rogers (KY) Taylor (MS) Simmons Thornberry Wilson (NM) not voting 31, as follows: Miller, Gary Rogers (MI) Taylor (NC) Simpson Thune Wilson (SC) Miller, George Rohrabacher Terry Skeen Thurman Wolf [Roll No. 81] Miller, Jeff Ros-Lehtinen Thomas Skelton Tiahrt Woolsey YEAS—403 Mink Ross Thompson (CA) Smith (MI) Tiberi Wu Moore Rothman Thompson (MS) Smith (NJ) Tierney Wynn Abercrombie Davis (FL) Hinchey Moran (KS) Roukema Thornberry Smith (TX) Toomey Young (AK) Ackerman Davis (IL) Hinojosa Moran (VA) Roybal-Allard Thune Aderholt Davis, Jo Ann Hobson Morella Royce Thurman NAYS—43 Akin Davis, Tom Hoeffel Murtha Rush Tiahrt Aderholt Kennedy (MN) Schaffer Allen Deal Hoekstra Myrick Ryun (KS) Tiberi Brady (PA) Kucinich Slaughter Andrews DeFazio Holden Nadler Sabo Tierney Capuano Larsen (WA) Strickland Armey DeGette Holt Napolitano Sanchez Toomey Condit Latham Sweeney Baca Delahunt Honda Neal Sanders Towns Costello LoBiondo Taylor (MS) Bachus DeLauro Hooley Nethercutt Sandlin Turner Crane McDermott Thompson (CA) Baird DeLay Horn Ney Sawyer Udall (CO) DeFazio McNulty Thompson (MS) Baker DeMint Hostettler Northup Saxton Udall (NM) Dingell Menendez Udall (CO) Baldacci Deutsch Houghton Norwood Schaffer Upton English Miller, George Udall (NM) Baldwin Diaz-Balart Hunter Nussle Schakowsky Visclosky Everett Moore Visclosky Ballenger Dicks Hyde Oberstar Schiff Vitter Filner Oberstar Weller Barcia Dingell Inslee Obey Schrock Walden Green (TX) Olver Whitfield Barr Doggett Isakson Olver Scott Walsh Gutknecht Peterson (MN) Wicker Barrett Dooley Israel Ortiz Sensenbrenner Wamp Hefley Pombo Bartlett Doolittle Issa Osborne Serrano Watkins (OK) Hilliard Sabo Barton Dreier Istook Ose Shadegg Watt (NC) Bass Duncan Jackson (IL) Otter Shaw Watts (OK) ANSWERED ‘‘PRESENT’’—1 Bentsen Dunn Jackson-Lee Owens Shays Waxman Bereuter Edwards (TX) Tancredo Oxley Sherman Weiner Berkley Ehlers Jefferson Pallone Sherwood Weldon (FL) NOT VOTING—29 Berman Ehrlich Jenkins Pascrell Shimkus Weldon (PA) Berry Emerson John Becerra Doyle Mollohan Pastor Shows Weller Biggert Engel Johnson (CT) Blagojevich Fossella Platts Paul Shuster Wexler Bilirakis English Johnson (IL) Borski Gephardt Pryce (OH) Payne Simmons Whitfield Bishop Eshoo Johnson, E. B. Brown (FL) Gutierrez Radanovich Pelosi Simpson Wicker Blumenauer Etheridge Johnson, Sam Burton Hulshof Riley Pence Skeen Wilson (NM) Blunt Evans Jones (OH) Buyer Hunter Ryan (WI) Peterson (MN) Skelton Wilson (SC) Boehlert Everett Kanjorski Calvert Jones (NC) Sessions Peterson (PA) Slaughter Wolf Boehner Farr Kaptur Cannon Lewis (CA) Traficant Petri Smith (MI) Woolsey Bonilla Fattah Keller Clement McKinney Young (FL) Phelps Smith (NJ) Wu Bonior Ferguson Kelly Collins Mica Pickering Smith (TX) Wynn Bono Filner Kennedy (MN) Pitts Smith (WA) Young (AK) b 1909 Boozman Flake Kennedy (RI) Boswell Fletcher Kerns NOT VOTING—31 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boucher Foley Kildee Becerra Fossella Radanovich The SPEAKER pro tempore (Mrs. Boyd Forbes Kilpatrick Blagojevich Gephardt Riley Brady (PA) Ford Kind (WI) Borski Gutierrez Ryan (WI) BIGGERT) (during the vote). At a cer- Brady (TX) Frank King (NY) tain time during this vote, some voting Brown (FL) Hoyer Sessions Brown (OH) Frelinghuysen Kingston Burton Hulshof Traficant stations were temporarily inoperative. Brown (SC) Frost Kirk Buyer Jones (NC) Velazquez The Chair urges all Members to verify Bryant Gallegly Kleczka Calvert Lewis (CA) Waters Burr Ganske Knollenberg their votes prior to the Chair’s an- Cannon McKinney Watson (CA) Callahan Gekas Kolbe Clement Mica Young (FL) nouncement of the result. Camp Gibbons Kucinich Collins Mollohan Cantor Gilchrest LaFalce Doyle Pryce (OH) b 1909 Capito Gillmor LaHood So the Journal was approved. Capps Gilman Lampson b 1919 Capuano Gonzalez Langevin The result of the vote was announced Cardin Goode Lantos So (two-thirds having voted in favor as above recorded. Carson (IN) Goodlatte Larsen (WA) thereof) the rules were suspended and Carson (OK) Gordon Larson (CT) f Castle Goss Latham the resolution was agreed to. ANNOUNCEMENT BY THE SPEAKER Chabot Graham LaTourette The result of the vote was announced PRO TEMPORE Chambliss Granger Leach as above recorded. Clay Graves Lee A motion to reconsider was laid on The SPEAKER pro tempore. The Clayton Green (TX) Levin Clyburn Green (WI) Lewis (GA) the table. Chair’s prior announcement on voting Coble Greenwood Lewis (KY) on House Resolution 363 is corrected to Combest Grucci Linder f postpone that yea and nay vote until Condit Gutknecht Lipinski BEAR RIVER MIGRATORY BIRD tomorrow. Conyers Hall (OH) LoBiondo Cooksey Hall (TX) Lofgren REFUGE SETTLEMENT ACT OF 2002 There will now be two 5-minute Costello Hansen Lowey votes. Cox Harman Lucas (KY) The SPEAKER pro tempore (Mrs. f Coyne Hart Lucas (OK) BIGGERT). The pending business is the Cramer Hastings (FL) Luther question of suspending the rules and RECOGNIZING ELLIS ISLAND Crane Hastings (WA) Lynch passing the bill, H.R. 3958, as amended. MEDAL OF HONOR AND COM- Crenshaw Hayes Maloney (CT) Crowley Hayworth Maloney (NY) The Clerk read the title of the bill. MENDING NATIONAL ETHNIC CO- Cubin Hefley Manzullo The SPEAKER pro tempore. The ALITION OF ORGANIZATIONS Culberson Herger Markey question is on the motion offered by Cummings Hill Mascara The SPEAKER pro tempore. The Cunningham Hilleary Matheson the gentleman from Utah (Mr. HANSEN) pending business is the question of sus- Davis (CA) Hilliard Matsui that the House suspend the rules and April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1113 pass the bill, H.R. 3958, as amended, on Obey Rush Taylor (MS) ANNOUNCEMENT BY THE SPEAKER Olver Ryun (KS) Taylor (NC) which the yeas and nays are ordered. Ortiz Sabo Terry PRO TEMPORE This will be a 5-minute vote. Osborne Sanchez Thomas The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- Ose Sanders Thompson (CA) Otter Sandlin Thompson (MS) ant to clause 8 of rule XX, the Chair vice, and there were—yeas 396, nays 6, Owens Sawyer Thornberry will postpone further proceedings not voting 32, as follows: Oxley Saxton Thune today on the further motion to suspend Pallone Schaffer Thurman the rules on which a recorded vote or [Roll No. 82] Pascrell Schakowsky Tiahrt the yeas and nays are ordered or on YEAS—396 Pastor Schiff Tiberi Payne Schrock Tierney which the vote is objected to under Abercrombie Dicks Johnson (CT) Pelosi Serrano Toomey clause 6 of rule XX. Ackerman Dingell Johnson (IL) Pence Shadegg Towns Aderholt Doggett Johnson, E. B. Peterson (MN) Shaw Turner Any record vote on the postponed Akin Dooley Johnson, Sam Peterson (PA) Shays Udall (CO) question will be taken tomorrow. Allen Doolittle Jones (OH) Petri Sherman Udall (NM) f Andrews Dreier Kanjorski Phelps Sherwood Upton Armey Duncan Kaptur Pickering Shimkus Velazquez ANNOUNCEMENT OF INTENTION TO Baca Dunn Keller Pitts Shows Visclosky Bachus Edwards Kelly Platts Shuster Vitter OFFER MOTION TO INSTRUCT ON Baird Ehlers Kennedy (MN) Pombo Simmons Walden H.R. 2646, FARM SECURITY ACT Baker Ehrlich Kennedy (RI) Pomeroy Simpson Walsh OF 2001 Baldacci Emerson Kildee Portman Skeen Wamp Baldwin Engel Kilpatrick Price (NC) Skelton Waters Mr. FLAKE. Madam Speaker, pursu- Barcia English Kind (WI) Putnam Slaughter Watkins (OK) ant to clause 7(c) of rule XXII, I hereby Barr Eshoo King (NY) Quinn Smith (NJ) Watson (CA) announce my intention to offer a mo- Barrett Etheridge Kingston Rahall Smith (TX) Watt (NC) Bartlett Evans Kirk Ramstad Smith (WA) Watts (OK) tion to instruct conferees on H.R. 2646 Barton Everett Kleczka Rangel Snyder Waxman tomorrow. The form of the motion is as Bass Farr Knollenberg Regula Solis Weiner follows: Bentsen Fattah Kolbe Rehberg Souder Weldon (FL) Bereuter Ferguson Kucinich Reyes Spratt Weldon (PA) Mr. FLAKE of Arizona moves that the man- Berkley Filner LaFalce Reynolds Stark Weller agers on the part of the House at the con- Berman Fletcher LaHood Rivers Stenholm Wexler ference on disagreeing votes of the two Berry Foley Lampson Rodriguez Strickland Whitfield Houses on the Senate amendment to the bill Biggert Forbes Langevin Roemer Stump Wicker Bilirakis Ford Lantos H.R. 2646 (an act to provide for the continu- Rogers (KY) Stupak Wilson (NM) ation of agricultural programs through fiscal Bishop Frank Larsen (WA) Rogers (MI) Sullivan Wilson (SC) Blumenauer Frelinghuysen Larson (CT) Rohrabacher Sununu Wolf year 2011) be instructed to agree to section Blunt Frost Latham Ros-Lehtinen Sweeney Woolsey 1144(g)(1)(C) of the Food Security Act of 1985, Boehlert Gallegly LaTourette Ross Tancredo Wu as added by section 204 of the Senate amend- Boehner Ganske Leach Rothman Tanner Wynn ment. Bonilla Gekas Lee Roybal-Allard Tauscher Young (AK) Bonior Gibbons Levin Royce Tauzin f Bono Gilchrest Lewis (GA) Boozman Gillmor Lewis (KY) NAYS—6 b 1930 Boswell Gilman Linder Coble Kerns Sensenbrenner TAXPAYER PROTECTION AND IRS Boucher Gonzalez Lipinski Flake Paul Stearns Boyd Goodlatte LoBiondo ACCOUNTABILITY ACT OF 2002 Brady (PA) Gordon Lofgren NOT VOTING—32 Brady (TX) Goss Lowey Mr. THOMAS. Mr. Speaker, I move to Ballenger Doyle Pryce (OH) Brown (OH) Graham Lucas (KY) suspend the rules and pass the bill Becerra Fossella Radanovich Brown (SC) Granger Lucas (OK) Blagojevich Gephardt Riley (H.R. 3991) to amend the Internal Rev- Bryant Graves Luther Borski Goode Roukema Burr Green (TX) Lynch enue Code of 1986 to protect taxpayers Brown (FL) Gutierrez Ryan (WI) Callahan Green (WI) Maloney (CT) and ensure accountability of the Inter- Burton Hulshof Scott Camp Greenwood Maloney (NY) Buyer Jones (NC) Sessions nal Revenue Service, as amended. Cantor Grucci Manzullo Calvert Lewis (CA) Smith (MI) The Clerk read as follows: Capito Gutknecht Markey Cannon McKinney Traficant Capps Hall (OH) Mascara H.R. 3991 Clement Mica Young (FL) Capuano Hall (TX) Matheson Collins Mollohan Be it enacted by the Senate and House of Rep- Cardin Hansen Matsui resentatives of the United States of America in Carson (IN) Harman McCarthy (MO) Congress assembled, Carson (OK) Hart McCarthy (NY) b 1929 Castle Hastings (FL) McCollum SECTION 1. SHORT TITLE; ETC. Chabot Hastings (WA) McCrery So (two-thirds having voted in favor (a) SHORT TITLE.—This Act may be cited as Chambliss Hayes McDermott thereof) the rules were suspended and the ‘‘Taxpayer Protection and IRS Account- Clay Hayworth McGovern ability Act of 2002’’. Clayton Hefley McHugh the bill, as amended, was passed. (b) AMENDMENT OF 1986 CODE.—Except as Clyburn Herger McInnis The result of the vote was announced Combest Hill McIntyre as above recorded. otherwise expressly provided, whenever in Condit Hilleary McKeon this Act an amendment or repeal is ex- Conyers Hilliard McNulty A motion to reconsider was laid on pressed in terms of an amendment to, or re- Cooksey Hinchey Meehan the table. peal of, a section or other provision, the ref- Costello Hinojosa Meek (FL) erence shall be considered to be made to a Cox Hobson Meeks (NY) f section or other provision of the Internal Coyne Hoeffel Menendez Cramer Hoekstra Millender- Revenue Code of 1986. Crane Holden McDonald REPORT ON RESOLUTION PRO- (c) TABLE OF CONTENTS.— Crenshaw Holt Miller, Dan Sec. 1. Short title; etc. Crowley Honda Miller, Gary VIDING FOR CONSIDERATION OF Cubin Hooley Miller, George H.R. 3925, DIGITAL TECH CORPS TITLE I—PENALTIES AND INTEREST Culberson Horn Miller, Jeff ACT OF 2002 Sec. 101. Reduction of Federal tax deposit Cummings Hostettler Mink penalty. Cunningham Houghton Moore Mrs. MYRICK, from the Committee Sec. 102. Failure to pay estimated tax pen- Davis (CA) Hoyer Moran (KS) on Rules, submitted a privileged report alty converted to interest Davis (FL) Hunter Moran (VA) (Rept. No. 107–393) on the resolution (H. Davis (IL) Hyde Morella charge on accumulated unpaid Davis, Jo Ann Inslee Murtha Res. 380) providing for consideration of balance. Davis, Tom Isakson Myrick the bill (H.R. 3925) to establish an ex- Sec. 103. Exclusion from gross income for in- Deal Israel Nadler change program between the Federal terest on overpayments of in- DeFazio Issa Napolitano come tax by individuals. DeGette Istook Neal Government and the private sector in order to promote the development of Sec. 104. Abatement of interest. Delahunt Jackson (IL) Nethercutt Sec. 105. Deposits made to suspend running DeLauro Jackson-Lee Ney expertise in information technology of interest on potential under- DeLay (TX) Northup management, and for other purposes, DeMint Jefferson Norwood payments. Deutsch Jenkins Nussle which was referred to the House Cal- Sec. 106. Expansion of interest netting for Diaz-Balart John Oberstar endar and ordered to be printed. individuals. H1114 CONGRESSIONAL RECORD — HOUSE April 9, 2002

Sec. 107. Waiver of certain penalties for TITLE I—PENALTIES AND INTEREST (2) CONFORMING AMENDMENT.—Subsection first-time unintentional minor SEC. 101. REDUCTION OF FEDERAL TAX DEPOSIT (e) of section 6641 (as so redesignated) is errors. PENALTY. amended by striking paragraph (1) and redes- Sec. 108. Frivolous tax submissions. (a) IN GENERAL.—Subparagraph (A) of sec- ignating paragraphs (2) and (3) as paragraphs TITLE II—FAIRNESS OF COLLECTION tion 6656(b)(1) is amended to read as follows: (1) and (2), respectively. PROCEDURES ‘‘(A) IN GENERAL.—Except as provided in (d) CONFORMING AMENDMENTS.— Sec. 201. Partial payment of tax liability in subparagraph (B), the term ‘applicable per- (1) Paragraphs (1) and (2) of subsection (e) installment agreements. centage’ means 2 percent.’’. (as redesignated by subsection (c)(2)) and Sec. 202. Additional considerations to be (b) EFFECTIVE DATE.—The amendment subsection (h) of section 6641 (as so des- taken into account as bases for made by this section shall apply to deposits ignated) are each amended by striking ‘‘addi- accepting offer-in-compromise. required to be made after December 31, 2002. tion to tax’’ each place it occurs and insert- Sec. 203. Extension of time for return of SEC. 102. FAILURE TO PAY ESTIMATED TAX PEN- ing ‘‘interest’’. property. ALTY CONVERTED TO INTEREST (2) Section 167(g)(5)(D) is amended by strik- Sec. 204. Seven-day threshold on tolling of CHARGE ON ACCUMULATED UNPAID ing ‘‘6654’’ and inserting ‘‘6641’’. statute of limitations during BALANCE. (3) Section 460(b)(1) is amended by striking (a) PENALTY MOVED TO INTEREST CHAPTER tax review. ‘‘6654’’ and inserting ‘‘6641’’. Sec. 205. Study of liens and levies. OF CODE.—The Internal Revenue Code of 1986 (4) Section 3510(b) is amended— is amended by redesignating section 6654 as TITLE III—EFFICIENCY OF TAX (A) by striking ‘‘section 6654’’ in paragraph section 6641 and by moving section 6641 (as so (1) and inserting ‘‘section 6641’’; ADMINISTRATION redesignated) from part I of subchapter A of Sec. 301. Revisions relating to termination (B) by amending paragraph (2)(B) to read chapter 68 to the end of subchapter E of as follows: of employment of Internal Rev- chapter 67 (as added by subsection (e)(1) of ‘‘(B) no interest would be required to be enue Service employees for this section). paid (but for this section) under 6641 for such misconduct. (b) PENALTY CONVERTED TO INTEREST taxable year by reason of the $2,000 amount Sec. 302. Confirmation of authority of Tax CHARGE.—The heading and subsections (a) specified in section 6641(d)(1)(B)(i)(II).’’; Court to apply doctrine of equi- and (b) of section 6641 (as so redesignated) (C) by striking ‘‘section 6654(d)(2)’’ in para- table recoupment. are amended to read as follows: Sec. 303. Jurisdiction of Tax Court over col- graph (3) and inserting ‘‘section 6641(d)(2)’’; ‘‘SEC. 6641. INTEREST ON FAILURE BY INDI- and lection due process cases. VIDUAL TO PAY ESTIMATED INCOME Sec. 304. Office of Chief Counsel review of of- TAX. (D) by striking paragraph (4). fers in compromise. ‘‘(a) IN GENERAL.—Interest shall be paid on (5) Section 6201(b)(1) is amended by strik- Sec. 305. Study of taxpayer notification al- any underpayment of estimated tax by an in- ing ‘‘6654’’ and inserting ‘‘6641’’. ternatives. dividual for a taxable year for each day of (6) Section 6601(h) is amended by striking TITLE IV—CONFIDENTIALITY AND such underpayment. The amount of such in- ‘‘6654’’ and inserting ‘‘6641’’. DISCLOSURE terest for any day shall be the product of the (7) Section 6621(b)(2)(B) is amended by striking ‘‘addition to tax under section 6654’’ Sec. 401. Collection activities with respect underpayment rate established under sub- and inserting ‘‘interest required to be paid to joint return disclosable to ei- section (b)(2) multiplied by the amount of under section 6641’’. ther spouse based on oral re- the underpayment. (8) Section 6622(b) is amended— quest. ‘‘(b) AMOUNT OF UNDERPAYMENT; INTEREST (A) by striking ‘‘PENALTY FOR’’ in the Sec. 402. Taxpayer representatives not sub- RATE.—For purposes of subsection (a)— heading; and ject to examination on sole ‘‘(1) AMOUNT.—The amount of the under- (B) by striking ‘‘addition to tax under sec- basis of representation of tax- payment on any day shall be the excess of— tion 6654 or 6655’’ and inserting ‘‘interest re- payers. ‘‘(A) the sum of the required installments quired to be paid under section 6641 or addi- Sec. 403. Disclosure in judicial or adminis- for the taxable year the due dates for which tion to tax under section 6655’’. trative tax proceedings of re- are on or before such day, over (9) Section 6658(a) is amended— turn and return information of ‘‘(B) the sum of the amounts (if any) of es- (A) by striking ‘‘6654, or 6655’’ and inserting persons who are not party to timated tax payments made on or before ‘‘or 6655, and no interest shall be required to such proceedings. such day on such required installments. Sec. 404. Prohibition of disclosure of tax- ‘‘(2) DETERMINATION OF INTEREST RATE.— be paid under section 6641,’’; and payer identification informa- ‘‘(A) IN GENERAL.—The underpayment rate (B) by inserting ‘‘or paying interest’’ after ‘‘the tax’’ in paragraph (2)(B)(ii). tion with respect to disclosure with respect to any day in an installment (10) Section 6665(b) is amended— of accepted offers-in-com- underpayment period shall be the under- (A) in the matter preceding paragraph (1) promise. payment rate established under section 6621 Sec. 405. Compliance by contractors with for the first day of the calendar quarter in by striking ‘‘, 6654,’’; and confidentiality safeguards. which such installment underpayment period (B) in paragraph (2) by striking ‘‘6654 or’’. Sec. 406. Higher standards for requests for begins. (11) Section 7203 is amended by striking and consents to disclosure. ‘‘(B) INSTALLMENT UNDERPAYMENT PE- ‘‘section 6654 or 6655’’ and inserting ‘‘section Sec. 407. Notice to taxpayer concerning ad- RIOD.—For purposes of subparagraph (A), the 6655 or interest required to be paid under sec- ministrative determination of term ‘installment underpayment period’ tion 6641’’. browsing; annual report. means the period beginning on the day after (e) CLERICAL AMENDMENTS.— Sec. 408. Expanded disclosure in emergency the due date for a required installment and (1) Chapter 67 is amended by inserting after circumstances. ending on the due date for the subsequent re- subchapter D the following: Sec. 409. Disclosure of taxpayer identity for quired installment (or in the case of the 4th ‘‘Subchapter E—Interest on Failure by tax refund purposes. required installment, the 15th day of the 4th Individual to Pay Estimated Income Tax TITLE V—MISCELLANEOUS month following the close of a taxable year). ‘‘Sec. 6641. Interest on failure by individual Sec. 501. Clarification of definition of church ‘‘(C) DAILY RATE.—The rate determined to pay estimated income tax.’’. tax inquiry. under subparagraph (A) shall be applied on a (2) The table of subchapters for chapter 67 Sec. 502. Expansion of declaratory judgment daily basis and shall be based on the assump- is amended by adding at the end the fol- remedy to tax-exempt organization of 365 days in a calendar year. lowing new items: tions. ‘‘(3) TERMINATION OF ESTIMATED TAX INTER- Sec. 503. Employee misconduct report to in- EST.—No day after the end of the installment ‘‘Subchapter D. Notice requirements. clude summary of complaints underpayment period for the 4th required in- ‘‘Subchapter E. Interest on failure by indi- by category. stallment specified in paragraph (2)(B) for a vidual to pay estimated income Sec. 504. Annual report on awards of costs taxable year shall be treated as a day of un- tax.’’. and certain fees in administra- derpayment with respect to such taxable (3) The table of sections for part I of sub- tive and court proceedings. year.’’. chapter A of chapter 68 is amended by strik- Sec. 505. Annual report on abatement of pen- (c) INCREASE IN SAFE HARBOR WHERE TAX IS ing the item relating to section 6654. SMALL.— alties. (f) EFFECTIVE DATE.—The amendments Sec. 506. Better means of communicating (1) IN GENERAL.—Clause (i) of section made by this section shall apply to install- with taxpayers. 6641(d)(1)(B) (as so redesignated) is amended ment payments for taxable years beginning Sec. 507. Explanation of statute of limita- to read as follows: after December 31, 2002. tions and consequences of fail- ‘‘(i) the lesser of— SEC. 103. EXCLUSION FROM GROSS INCOME FOR ure to file. ‘‘(I) 90 percent of the tax shown on the re- INTEREST ON OVERPAYMENTS OF Sec. 508. Amendment to Treasury auction turn for the taxable year (or, if no return is INCOME TAX BY INDIVIDUALS. reforms. filed, 90 percent of the tax for such year), or (a) IN GENERAL.—Part III of subchapter B Sec. 509. Enrolled agents. ‘‘(II) the tax shown on the return for the of chapter 1 (relating to items specifically TITLE VI—AUTHORIZATION OF taxable year (or, if no return is filed, the tax excluded from gross income) is amended by APPROPRIATION for such year) reduced (but not below zero) inserting after section 139 the following new Sec. 601. Low-income taxpayer clinics. by $2,000, or’’. section: April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1115 ‘‘SEC. 139A. EXCLUSION FROM GROSS INCOME of tax) which the taxpayer requests in writ- SEC. 107. WAIVER OF CERTAIN PENALTIES FOR FOR INTEREST ON OVERPAYMENTS ing. FIRST-TIME UNINTENTIONAL MINOR OF INCOME TAX BY INDIVIDUALS. ‘‘(d) PAYMENT OF INTEREST.— ERRORS. ‘‘(a) IN GENERAL.—In the case of an indi- ‘‘(1) IN GENERAL.—For purposes of section (a) IN GENERAL.—Section 6651 (relating to vidual, gross income shall not include inter- 6611 (relating to interest on overpayments), a failure to file tax return or to pay tax) is est paid under section 6611 on any overpay- deposit which is returned to a taxpayer shall amended by adding at the end the following ment of tax imposed by this subtitle. be treated as a payment of tax for any period new subsection: ‘‘(b) EXCEPTION.—Subsection (a) shall not to the extent (and only to the extent) attrib- ‘‘(i) TREATMENT OF FIRST-TIME UNINTEN- apply in the case of a failure to claim items utable to a disputable tax for such period. TIONAL MINOR ERROR.—In the case of a return resulting in the overpayment on the original Under regulations prescribed by the Sec- of tax imposed by subtitle A filed by an indi- return if the Secretary determines that the retary, rules similar to the rules of section vidual, the Secretary may waive an addition principal purpose of such failure is to take 6601(e)(2) shall apply. to tax under subsection (a) if— advantage of subsection (a). ‘‘(2) DISPUTABLE TAX.— ‘‘(1) the individual has a history of compli- ‘‘(c) SPECIAL RULE FOR DETERMINING MODI- ‘‘(A) IN GENERAL.—For purposes of this sec- ance with the requirements of this title, FIED ADJUSTED GROSS INCOME.—For purposes tion, the term ‘disputable tax’ means the ‘‘(2) it is shown that the failure is due to an of this title, interest not included in gross amount of tax specified at the time of the de- unintentional minor error, income under subsection (a) shall not be posit as the taxpayer’s reasonable estimate ‘‘(3) the penalty would otherwise be dis- treated as interest which is exempt from tax of the maximum amount of any tax attrib- proportionate to the amount involved, and for purposes of sections 32(i)(2)(B) and 6012(d) utable to disputable items. ‘‘(4) waiving the penalty would promote or any computation in which interest ex- ‘‘(B) SAFE HARBOR BASED ON 30-DAY LET- compliance with the requirements of this empt from tax under this title is added to ad- TER.—In the case of a taxpayer who has been title and effective tax administration. justed gross income.’’. issued a 30-day letter, the maximum amount The preceding sentence shall not apply if the (b) CLERICAL AMENDMENT.—The table of of tax under subparagraph (A) shall not be Secretary has waived any addition to tax sections for part III of subchapter B of chap- less than the amount of the proposed defi- under this subsection with respect to any ter 1 is amended by inserting after the item ciency specified in such letter. prior failure by such individual.’’ relating to section 139 the following new ‘‘(3) OTHER DEFINITIONS.—For purposes of (b) EFFECTIVE DATE.—The amendment item: paragraph (2)— made by this section shall take effect on ‘‘Sec. 139A. Exclusion from gross income for ‘‘(A) DISPUTABLE ITEM.—The term ‘disput- January 1, 2003. interest on overpayments of in- able item’ means any item of income, gain, SEC. 108. FRIVOLOUS TAX SUBMISSIONS. come tax by individuals.’’. loss, deduction, or credit which the taxpayer (a) CIVIL PENALTIES.—Section 6702 is reasonably believes the Secretary has a rea- amended to read as follows: (c) EFFECTIVE DATE.—The amendments made by this section shall apply to interest sonable basis for disputing the treatment on ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. received in calendar years beginning after the taxpayer’s return. ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- the date of the enactment of this Act. ‘‘(B) 30-DAY LETTER.—The term ‘30-day let- TURNS.—A person shall pay a penalty of ter’ means the first letter of proposed defi- SEC. 104. ABATEMENT OF INTEREST. $5,000 if— ciency which allows the taxpayer an oppor- (a) ABATEMENT OF INTEREST WITH RESPECT ‘‘(1) such person files what purports to be a tunity for administrative review in the In- TO ERRONEOUS REFUND CHECK WITHOUT RE- return of a tax imposed by this title but ternal Revenue Service Office of Appeals. GARD TO SIZE OF REFUND.—Paragraph (2) of which— ‘‘(4) RATE OF INTEREST.—The rate of inter- section 6404(e) is amended by striking ‘‘un- ‘‘(A) does not contain information on est allowable under this subsection shall be less—’’ and all that follows and inserting which the substantial correctness of the self- the Federal short-term rate determined ‘‘unless the taxpayer (or a related party) has assessment may be judged, or under section 6621(b), compounded daily. in any way caused such erroneous refund.’’. ‘‘(B) contains information that on its face ‘‘(e) USE OF DEPOSITS.— (b) ABATEMENT OF INTEREST TO EXTENT IN- indicates that the self-assessment is substan- ‘‘(1) PAYMENT OF TAX.—Except as otherwise TEREST IS ATTRIBUTABLE TO TAXPAYER RELI- tially incorrect; and provided by the taxpayer, deposits shall be ANCE ON WRITTEN STATEMENTS OF THE IRS.— ‘‘(2) the conduct referred to in paragraph treated as used for the payment of tax in the Subsection (f) of section 6404 is amended— (1)— order deposited. (1) in the subsection heading, by striking ‘‘(A) is based on a position which the Sec- ‘‘(B) RETURNS OF DEPOSITS.—Deposits shall ‘‘PENALTY OR ADDITION’’ and inserting ‘‘IN- retary has identified as frivolous under sub- be treated as returned to the taxpayer on a TEREST, PENALTY, OR ADDITION’’; and section (c), or last-in, first-out basis.’’ (2) in paragraph (1) and in subparagraph (B) ‘‘(B) reflects a desire to delay or impede (b) CLERICAL AMENDMENT.—The table of of paragraph (2), by striking ‘‘penalty or ad- the administration of Federal tax laws. sections for subchapter B of chapter 67 is dition’’ and inserting ‘‘interest, penalty, or ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- amended by striking the last item and in- addition’’. LOUS SUBMISSIONS.— serting the following new items: (c) EFFECTIVE DATE.—The amendments ‘‘(1) IMPOSITION OF PENALTY.—Except as made by this section shall apply with respect ‘‘Sec. 6612. Deposits made to suspend running provided in paragraph (3), any person who to interest accruing on or after the date of of interest on potential under- submits a specified frivolous submission the enactment of this Act. payments, etc. shall pay a penalty of $5,000. ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For SEC. 105. DEPOSITS MADE TO SUSPEND RUNNING ‘‘Sec. 6613. Cross references.’’ OF INTEREST ON POTENTIAL UN- purposes of this section— DERPAYMENTS. (c) EFFECTIVE DATE.— ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— (a) IN GENERAL.—Subchapter B of chapter (1) IN GENERAL.—The amendments made by The term ‘specified frivolous submission’ 67 (relating to interest on overpayments) is this section shall apply to deposits made means a specified submission if any portion amended by redesignating section 6612 as after the date of the enactment of this Act. of such submission— section 6613 and by inserting after section (2) COORDINATION WITH DEPOSITS MADE ‘‘(i) is based on a position which the Sec- 6611 the following new section: UNDER REVENUE PROCEDURE 84–58.—In the case retary has identified as frivolous under sub- of an amount held by the Secretary of the ‘‘SEC. 6612. DEPOSITS MADE TO SUSPEND RUN- section (c), or NING OF INTEREST ON POTENTIAL Treasury or his delegate on the date of the ‘‘(ii) reflects a desire to delay or impede UNDERPAYMENTS, ETC. enactment of this Act as a deposit in the na- the administration of Federal tax laws. ‘‘(a) AUTHORITY TO MAKE DEPOSITS OTHER ture of a cash bond deposit pursuant to Rev- ‘‘(B) SPECIFIED FRIVOLOUS SUBMISSION.— THAN AS PAYMENT OF TAX.—A taxpayer may enue Procedure 84–58, the date that the tax- The term ‘specified submission’ means— make a cash deposit with the Secretary payer identifies such amount as a deposit ‘‘(i) a request for a hearing under— which may be used by the Secretary to pay made pursuant to section 6612 of the Internal ‘‘(I) section 6320 (relating to notice and op- any tax imposed under subtitle A or B or Revenue Code (as added by this Act) shall be portunity for hearing upon filing of notice of chapter 41, 42, 43, or 44 which has not been treated as the date such amount is deposited lien), or assessed at the time of the deposit. Such a for purposes of such section 6612. ‘‘(II) section 6330 (relating to notice and deposit shall be made in such manner as the SEC. 106. EXPANSION OF INTEREST NETTING FOR opportunity for hearing before levy), and Secretary shall prescribe. INDIVIDUALS. ‘‘(ii) an application under— ‘‘(b) NO INTEREST IMPOSED.—To the extent (a) IN GENERAL.—Subsection (d) of section ‘‘(I) section 7811 (relating to taxpayer as- that such deposit is used by the Secretary to 6621 (relating to elimination of interest on sistance orders), pay tax, for purposes of section 6601 (relating overlapping periods of tax overpayments and ‘‘(II) section 6159 (relating to agreements to interest on underpayments), the tax shall underpayments) is amended by adding at the for payment of tax liability in installments), be treated as paid when the deposit is made. end the following: ‘‘Solely for purposes of the or ‘‘(c) RETURN OF DEPOSIT.—Except in a case preceding sentence, section 6611(e) shall not ‘‘(III) section 7122 (relating to com- where the Secretary determines that collec- apply in the case of an individual.’’. promises). tion of tax is in jeopardy, the Secretary shall (b) EFFECTIVE DATE.—The amendment ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- return to the taxpayer any amount of the de- made by subsection (a) shall apply to inter- SION.—If the Secretary provides a person posit (to the extent not used for a payment est accrued after December 31, 2002. with notice that a submission is a specified H1116 CONGRESSIONAL RECORD — HOUSE April 9, 2002

frivolous submission and such person with- (f) EFFECTIVE DATE.—The amendments ginning on whichever of the following is the draws such submission promptly after such made by this section shall apply to submis- earliest: notice, the penalty imposed under paragraph sions made and issues raised after the date ‘‘(i) The date of the receipt by the taxpayer (1) shall not apply with respect to such sub- on which the Secretary first prescribes a list of the notice of the decision of the Internal mission. under section 6702(c) of the Internal Revenue Revenue Service Office of Appeals. ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The Code of 1986, as amended by subsection (a). ‘‘(ii) The date of the notice of deficiency. Secretary shall prescribe (and periodically TITLE II—FAIRNESS OF COLLECTION ‘‘(iii) The date on which the first letter of revise) a list of positions which the Sec- PROCEDURES proposed deficiency which allows the tax- retary has identified as being frivolous for payer an opportunity for administrative re- purposes of this subsection. The Secretary SEC. 201. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT AGREEMENTS. view in the Internal Revenue Service Office shall not include in such list any position of Appeals is sent. (a) IN GENERAL.— that the Secretary determines meets the re- ‘‘(B) DOLLAR LIMITATIONS.— (1) Section 6159(a) (relating to authoriza- quirement of section 6662(d)(2)(B)(ii)(II). ‘‘(i) ALLOWANCES.—The allowances under tion of agreements) is amended— ‘‘(d) REDUCTION OF PENALTY.—The Sec- subparagraphs (D) and (E) shall not exceed (A) by striking ‘‘satisfy liability for pay- retary may reduce the amount of any pen- the dollar amount in effect under section ment of’’ and inserting ‘‘make payment on’’, alty imposed under this section if the Sec- 2503(b). and retary determines that such reduction would ‘‘(ii) CONSIDERATION OF EDUCATION AND FI- (B) by inserting ‘‘full or partial’’ after ‘‘fa- promote compliance with and administra- NANCIAL SOPHISTICATION.—Subparagraph (F) cilitate’’. tion of the Federal tax laws. of paragraph (3) shall apply only if the ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- (2) Section 6159(c) (relating to Secretary amount of the liability does not exceed the ALTIES.—The penalties imposed by this sec- required to enter into installment agree- dollar amount in effect under section tion shall be in addition to any other penalty ments in certain cases) is amended in the 2503(b).’’ provided by law.’’. matter preceding paragraph (1) by inserting (b) TREATMENT OF FRIVOLOUS REQUESTS ‘‘full’’ before ‘‘payment’’. (c) EFFECTIVE DATE.—The amendments FOR HEARINGS BEFORE LEVY.— (b) REQUIREMENT TO REVIEW PARTIAL PAY- made by this section shall apply to proposed (1) FRIVOLOUS REQUESTS DISREGARDED.— MENT AGREEMENTS EVERY TWO YEARS.—Sec- offers-in-compromise submitted after the Section 6330 (relating to notice and oppor- tion 6159 is amended by redesignating sub- date of the enactment of this Act. tunity for hearing before levy) is amended by sections (d) and (e) as subsections (e) and (f), adding at the end the following new sub- respectively, and inserting after subsection SEC. 203. EXTENSION OF TIME FOR RETURN OF section: (c) the following new subsection: PROPERTY. ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- (a) EXTENSION OF TIME FOR RETURN OF ETC.—Notwithstanding any other provision STALLMENT AGREEMENTS FOR PARTIAL COL- PROPERTY SUBJECT TO LEVY.—Subsection (b) of this section, if the Secretary determines LECTION EVERY TWO YEARS.—In the case of of section 6343 (relating to return of prop- that any portion of a request for a hearing an agreement entered into by the Secretary erty) is amended by striking ‘‘9 months’’ and under this section or section 6320 meets the under subsection (a) for partial collection of inserting ‘‘2 years’’. requirement of clause (i) or (ii) of section a tax liability, the Secretary shall review 6702(b)(2)(A), then the Secretary may treat the agreement at least once every 2 years.’’. (b) PERIOD OF LIMITATION ON SUITS.—Sub- such portion as if it were never submitted (c) EFFECTIVE DATE.—The amendments section (c) of section 6532 (relating to suits and such portion shall not be subject to any made by this section shall apply to agree- by persons other than taxpayers) is further administrative or judicial review.’’. ments entered into on or after the date of amended— (2) PRECLUSION FROM RAISING FRIVOLOUS the enactment of this Act. (1) in paragraph (1) by striking ‘‘9 months’’ ISSUES AT HEARING.—Section 6330(c)(4) is SEC. 202. ADDITIONAL CONSIDERATIONS TO BE and inserting ‘‘2 years’’, and amended— TAKEN INTO ACCOUNT AS BASES (2) in paragraph (2) by striking ‘‘9-month’’ (A) by striking ‘‘(A)’’ and inserting FOR ACCEPTING OFFER-IN-COM- and inserting ‘‘2-year’’. ‘‘(A)(i)’’; PROMISE. (c) EFFECTIVE DATE.—The amendments (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; (a) IN GENERAL.—Paragraph (3) of section made by this section shall apply to— (C) by striking the period at the end of the 7122(c) (relating to special rules relating to (1) levies made after the date of the enact- first sentence and inserting ‘‘; or’’; and treatment of offers) is amended by striking ment of this Act, and (D) by inserting after subparagraph (A)(ii) ‘‘and’’ at the end of subparagraph (A), by (2) levies made on or before such date if the (as so redesignated) the following: striking the period at the end of subpara- 9-month period has not expired under section ‘‘(B) the issue meets the requirement of graph (B) and inserting a semicolon, and by 6343(b) of the Internal Revenue Code of 1986 clause (i) or (ii) of section 6702(b)(2)(A).’’. adding at the end the following new subpara- (without regard to this section) as of such (3) STATEMENT OF GROUNDS.—Section graphs: date. 6330(b)(1) is amended by striking ‘‘under sub- ‘‘(C) in all cases, consideration shall be section (a)(3)(B)’’ and inserting ‘‘in writing given to— SEC. 204. SEVEN-DAY THRESHOLD ON TOLLING under subsection (a)(3)(B) and states the ‘‘(i) whether the taxpayer has a history of OF STATUTE OF LIMITATIONS DUR- grounds for the requested appeal’’. complying with the requirements of this ING TAX REVIEW. (c) TREATMENT OF FRIVOLOUS REQUESTS title, (a) IN GENERAL.—Section 7811(d)(1) (relat- FOR HEARINGS UPON FILING OF NOTICE OF ‘‘(ii) whether there is evidence of an error ing to suspension of running of period of lim- LIEN.—Section 6320 is amended— by the Internal Revenue Service in deter- itation) is amended by inserting after ‘‘appli- (1) in subsection (b)(1), by striking ‘‘under mining or administering the tax which is the cation,’’ the following: ‘‘but only if the date subsection (a)(3)(B)’’ and inserting ‘‘in writ- subject of the offer-in-compromise, and of such decision is at least 7 days after the ing under subsection (a)(3)(B) and states the ‘‘(iii) whether the taxpayer has made a date of the taxpayer’s application’’. grounds for the requested appeal’’. good faith effort to resolve and pay the li- (2) in subsection (c), by striking ‘‘and (e)’’ ability; (b) EFFECTIVE DATE.—The amendment and inserting ‘‘(e), and (g)’’. ‘‘(D) a reasonable annual allowance shall made by this section shall apply to applica- (d) TREATMENT OF FRIVOLOUS APPLICATIONS be made for voluntary payments for the sup- tions filed after the date of the enactment of FOR OFFERS-IN-COMPROMISE AND INSTALL- port of any dependent (as defined in section this Act. MENT AGREEMENTS.—Section 7122 is amended 152) of the taxpayer; by adding at the end the following new sub- ‘‘(E) a reasonable allowance shall be made SEC. 205. STUDY OF LIENS AND LEVIES. section: for payments on unsecured debt of the tax- The Secretary of the Treasury, or the Sec- ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- payer to the extent such debt is attributable retary’s delegate, shall conduct a study of withstanding any other provision of this sec- to Federal, State, or local income taxes, the practices of the Internal Revenue Serv- tion, if the Secretary determines that any medical care expenses, burial expenses, or portion of an application for an offer-in-com- ice concerning liens and levies. The study other basic living expenses; and shall examine— promise or installment agreement submitted ‘‘(F) consideration shall be given to the under this section or section 6159 meets the (1) the declining use of liens and levies by level of the taxpayer’s education and finan- the Internal Revenue Service, and requirement of clause (i) or (ii) of section cial and business experience relative the 6702(b)(2)(A), then the Secretary may treat (2) the practicality of recording liens and complexity of the transaction giving rise to levying against property in cases in which such portion as if it were never submitted the liability.’’ and such portion shall not be subject to any the cost of such actions exceeds the amount (b) LIMITATIONS.—Subsection (c) of section to be realized from such property. further administrative or judicial review.’’. 7122 is amended by adding at the end the fol- (e) CONFORMING AMENDMENT.—The table of lowing new paragraph: Not later than 1 year after the date of the sections for part I of subchapter B of chapter ‘‘(4) LIMITATIONS ON CERTAIN FACTORS IN enactment of this Act, the Secretary shall 68 is amended by striking the item relating CONSIDERING OFFER-IN-COMPROMISE.— submit such study to the Committee on to section 6702 and inserting the following ‘‘(A) PERIOD FOR CERTAIN CONSIDER- Ways and Means of the House of Representa- new item: ATIONS.—Subparagraph (E) of paragraph (3) tives and the Committee on Finance of the ‘‘Sec. 6702. Frivolous tax submissions.’’ shall apply only during the 3-year period be- Senate. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1117

TITLE III—EFFICIENCY OF TAX ‘‘(2) DISCRETION.—The exercise of authority (b) CONFORMING AMENDMENTS.—Section ADMINISTRATION under paragraph (1) shall be at the sole dis- 7122(b) is amended by striking the second and SEC. 301. REVISIONS RELATING TO TERMINATION cretion of the Commissioner and may not be third sentences. OF EMPLOYMENT OF INTERNAL delegated to any other officer. The Commis- (c) EFFECTIVE DATE.—The amendments REVENUE SERVICE EMPLOYEES FOR sioner, in his sole discretion, may establish a made by this section shall apply to offers-in- MISCONDUCT. procedure to determine if an individual compromise submitted or pending on or after (a) IN GENERAL.—Subchapter A of chapter should be referred to the Commissioner for a the date of the enactment of this Act. 80 (relating to application of internal rev- determination by the Commissioner under SEC. 305. STUDY OF TAXPAYER NOTIFICATION AL- enue laws) is amended by inserting after sec- paragraph (1). TERNATIVES. tion 7804 the following new section: ‘‘(3) NO APPEAL.—Notwithstanding any The Secretary of the Treasury, or the Sec- ‘‘SEC. 7804A. TERMINATION OF EMPLOYMENT other provision of law, any determination of retary’s delegate, shall conduct a study of al- FOR MISCONDUCT. the Commissioner under this subsection may ternative methods of notifying taxpayers of ‘‘(a) IN GENERAL.—Subject to subsection not be reviewed in any administrative or ju- determinations and other actions of the Sec- (c), the Commissioner of Internal Revenue dicial proceeding. A finding that an act or retary. The study shall examine the advan- shall terminate the employment of any em- omission described in subsection (b) occurred tages and disadvantages of— ployee of the Internal Revenue Service if may be reviewed. (1) the use of certificates of mailing, there is a final administrative or judicial de- ‘‘(d) DEFINITION.—For the purposes of the (2) modifications to certified or registered termination that such employee committed provisions described in clauses (i), (ii), and mail requirements which eliminate return any act or omission described under sub- (iv) of subsection (b)(3)(B), references to a receipt requested, and section (b) in the performance of the employ- program or activity regarding Federal finan- (3) modifications with respect to dual no- ee’s official duties or where a nexus to the cial assistance or an education program or tices to taxpayers filing a joint return and employee’s position exists. activity receiving Federal financial assist- residing at the same address. ‘‘(b) ACTS OR OMISSIONS.—The acts or omis- Not later than 1 year after the date of the sions referred to under subsection (a) are— ance shall include any program or activity enactment of this Act, the Secretary shall ‘‘(1) willful failure to obtain the required conducted by the Internal Revenue Service submit such study to the Committee on approval signatures on documents author- for a taxpayer. ‘‘(e) ANNUAL REPORT.—The Commissioner Ways and Means of the House of Representa- izing the seizure of a taxpayer’s home, per- shall submit to Congress annually a report tives and the Committee on Finance of the sonal belongings, or business assets; on terminations of employment under this Senate. ‘‘(2) willfully providing a false statement section.’’. under oath with respect to a material matter TITLE IV—CONFIDENTIALITY AND (b) CLERICAL AMENDMENT.—The table of DISCLOSURE involving a taxpayer or taxpayer representa- sections for chapter 80 is amended by insert- tive; SEC. 401. COLLECTION ACTIVITIES WITH RE- ing after the item relating to section 7804 the SPECT TO JOINT RETURN ‘‘(3) with respect to a taxpayer or taxpayer following new item: representative, the willful violation of— DISCLOSABLE TO EITHER SPOUSE ‘‘(A) any right under the Constitution of ‘‘Sec. 7804A. Termination of employment for BASED ON ORAL REQUEST. the United States; misconduct.’’ (a) IN GENERAL.—Paragraph (8) of section 6103(e) (relating to disclosure of collection ‘‘(B) any civil right established under— FFECTIVE DATE.—The amendments (c) E activities with respect to joint return) is ‘‘(i) title VI or VII of the Civil Rights Act made by this section shall take effect on the amended by striking ‘‘in writing’’ the first of 1964; date of the enactment of this Act. ‘‘(ii) title IX of the Education Amendments place it appears. SEC. 302. CONFIRMATION OF AUTHORITY OF TAX (b) EFFECTIVE DATE.—The amendment of 1972; COURT TO APPLY DOCTRINE OF EQ- made by this section shall apply to requests ‘‘(iii) the Age Discrimination in Employ- UITABLE RECOUPMENT. made after the date of the enactment of this ment Act of 1967; (a) CONFIRMATION OF AUTHORITY OF TAX Act. ‘‘(iv) the Age Discrimination Act of 1975; COURT TO APPLY DOCTRINE OF EQUITABLE SEC. 402. TAXPAYER REPRESENTATIVES NOT ‘‘(v) section 501 or 504 of the Rehabilitation RECOUPMENT.—Subsection (b) of section 6214 SUBJECT TO EXAMINATION ON SOLE Act of 1973; or (relating to jurisdiction over other years and BASIS OF REPRESENTATION OF TAX- ‘‘(vi) title I of the Americans with Disabil- quarters) is amended by adding at the end PAYERS. ities Act of 1990; or the following new sentence: ‘‘Notwith- (a) IN GENERAL.—Subsection (h) of section ‘‘(C) the Internal Revenue Service policy standing the preceding sentence, the Tax 6103 (relating to disclosure to certain Federal on unauthorized inspection of returns or re- Court may apply the doctrine of equitable officers and employees for purposes of tax turn information; recoupment to the same extent that it is administration, etc.) is amended by adding ‘‘(4) willfully falsifying or destroying docu- available in civil tax cases before the district at the end the following new paragraph: ments to conceal mistakes made by any em- courts of the United States and the United ‘‘(7) TAXPAYER REPRESENTATIVES.—Not- ployee with respect to a matter involving a States Court of Federal Claims.’’. withstanding paragraph (1), the return of the taxpayer or taxpayer representative; (b) EFFECTIVE DATE.—The amendments representative of a taxpayer whose return is ‘‘(5) assault or battery on a taxpayer or made by this section shall apply to any ac- being examined by an officer or employee of taxpayer representative, but only if there is tion or proceeding in the Tax Court with re- the Department of the Treasury shall not be a criminal conviction, or a final adverse spect to which a decision has not become open to inspection by such officer or em- judgment by a court in a civil case, with re- final (as determined under section 7481 of the ployee on the sole basis of the representa- spect to the assault or battery; Internal Revenue Code of 1986) as of the date tive’s relationship to the taxpayer unless a ‘‘(6) willful violations of this title, Depart- of the enactment of this Act. supervisor of such officer or employee has ment of the Treasury regulations, or policies SEC. 303. JURISDICTION OF TAX COURT OVER approved the inspection of the return of such of the Internal Revenue Service (including COLLECTION DUE PROCESS CASES. representative on a basis other than by rea- the Internal Revenue Manual) for the pur- (a) IN GENERAL.—Section 6330(d)(1) (relat- son of such relationship.’’. pose of retaliating against, or harassing, a ing to judicial review of determination) is (b) EFFECTIVE DATE.—The amendment taxpayer or taxpayer representative; amended to read as follows: made by this section shall take effect on the ‘‘(7) willful misuse of the provisions of sec- ‘‘(1) JUDICIAL REVIEW OF DETERMINATION.— date of the enactment of this Act. The person may, within 30 days of a deter- tion 6103 for the purpose of concealing infor- SEC. 403. DISCLOSURE IN JUDICIAL OR ADMINIS- mation from a congressional inquiry; mination under this section, appeal such de- TRATIVE TAX PROCEEDINGS OF RE- ‘‘(8) willful failure to file any return of tax termination to the Tax Court (and the Tax TURN AND RETURN INFORMATION required under this title on or before the Court shall have jurisdiction with respect to OF PERSONS WHO ARE NOT PARTY date prescribed therefor (including any ex- such matter).’’. TO SUCH PROCEEDINGS. tensions) when a tax is due and owing, unless (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Paragraph (4) of section such failure is due to reasonable cause and made by subsection (a) shall apply to appeals 6103(h) (relating to disclosure to certain Fed- not due to willful neglect; filed after the date of the enactment of this eral officers and employees for purposes of ‘‘(9) willful understatement of Federal tax Act. tax administration, etc.) is amended by add- liability, unless such understatement is due SEC. 304. OFFICE OF CHIEF COUNSEL REVIEW OF ing at the end the following new subpara- to reasonable cause and not due to willful OFFERS IN COMPROMISE. graph: neglect; and (a) IN GENERAL.—Section 7122(b) (relating ‘‘(B) DISCLOSURE IN JUDICIAL OR ADMINIS- ‘‘(10) threatening to audit a taxpayer, or to to record) is amended by striking ‘‘Whenever TRATIVE TAX PROCEEDINGS OF RETURN AND RE- take other action under this title, for the a compromise’’ and all that follows through TURN INFORMATION OF PERSONS NOT PARTY TO purpose of extracting personal gain or ben- ‘‘his delegate’’ and inserting ‘‘If the Sec- SUCH PROCEEDINGS.— efit. retary determines that an opinion of the ‘‘(i) NOTICE.—Return or return information ‘‘(c) DETERMINATIONS OF COMMISSIONER.— General Counsel for the Department of the of any person who is not a party to a judicial ‘‘(1) IN GENERAL.—The Commissioner may Treasury, or the Counsel’s delegate, is re- or administrative proceeding described in take a personnel action other than termi- quired with respect to a compromise, there paragraph (4) shall not be disclosed under nation for an act or omission under sub- shall be placed on file in the office of the clause (ii) or (iii) of subparagraph (A) until section (a). Secretary such opinion’’. after the Secretary makes a section shall H1118 CONGRESSIONAL RECORD — HOUSE April 9, 2002

take effect on the date of the enactment of SEC. 405. COMPLIANCE BY CONTRACTORS WITH (d) EFFECTIVE DATES.— this Act. CONFIDENTIALITY SAFEGUARDS. (1) DECLARATORY JUDGMENT.—The amend- (a) IN GENERAL.—Section 6103(p) (relating ments made by subsections (a) and (b) shall SEC. 403. DISCLOSURE IN JUDICIAL OR ADMINIS- to State law requirements) is amended by TRATIVE TAX PROCEEDINGS OF RE- apply to pleadings filed with respect to de- TURN AND RETURN INFORMATION adding at the end the following new para- terminations (or requests for determina- OF PERSONS WHO ARE NOT PARTY graph: tions) made after the date of the enactment TO SUCH PROCEEDINGS. ‘‘(9) DISCLOSURE TO CONTRACTORS.—Not- of this Act. (a) IN GENERAL.—Paragraph (4) of section withstanding any other provision of this sec- (2) FAILURE OF SERVICE TO ACT.—The 6103(h) (relating to disclosure to certain Fed- tion, no return or return information shall amendments made by subsection (c) shall eral officers and employees for purposes of be disclosed by any officer or employee of apply to applications received in the na- tax administration, etc.) is amended by add- any Federal agency or State to any con- tional office of the Internal Revenue Service ing at the end the following new subpara- tractor of such agency or State unless such after the date of the enactment of this Act. graph: agency or State— ‘‘(A) has requirements in effect which re- SEC. 503. EMPLOYEE MISCONDUCT REPORT TO ‘‘(B) DISCLOSURE IN JUDICIAL OR ADMINIS- INCLUDE SUMMARY OF COMPLAINTS quire each contractor of such agency or TRATIVE TAX PROCEEDINGS OF RETURN AND RE- BY CATEGORY. State which would have access to returns or TURN INFORMATION OF PERSONS NOT PARTY TO (a) IN GENERAL.—Clause (ii) of section return information to provide safeguards SUCH PROCEEDINGS.— 7803(d)(2)(A) is amended by inserting before (within the meaning of paragraph (4)) to pro- ‘‘(i) NOTICE.—Return or return information the semicolon at the end the following: ‘‘, in- tect the confidentiality of such returns or re- of any person who is not a party to a judicial cluding a summary (by category) of the 10 turn information, or administrative proceeding described in most common complaints made and the ‘‘(B) agrees to conduct an annual, on-site paragraph (4) shall not be disclosed under number of such common complaints’’. review (mid-point review in the case of con- clause (ii) or (iii) of subparagraph (A) until (b) EFFECTIVE DATE.—The amendment tracts of less than 1 year in duration) of each after the Secretary makes a easonable effort made by subsection (a) shall apply with re- contractor to determine compliance with to give notice to such person and an oppor- spect to reporting periods ending after the such requirements, tunity for such person to request the dele- date of the enactment of this Act. ‘‘(C) submits the findings of the most re- tion of matter from such return or return in- cent review conducted under subparagraph SEC. 504. ANNUAL REPORT ON AWARDS OF COSTS formation, including any of the items re- (B) to the Secretary as part of the report re- AND CERTAIN FEES IN ADMINISTRA- TIVE AND COURT PROCEEDINGS. ferred to in paragraphs (1) through (7) of sec- quired by paragraph (4)(E), and tion 6110(c). Such notice shall include a ‘‘(D) certifies to the Secretary for the most Not later than 3 months after the close of statement of the issue or issues the resolu- recent annual period that all contractors are each Federal fiscal year after fiscal year tion of which is the reason such return or rein compliance with all such requirements. 2001, the Treasury Inspector General for Tax turn information is sought. In the case of S The certification required by subparagraph Administration shall submit a report to Con- corporations, partnerships, estates, and (D) shall include the name and address of gress which specifies for such year— trusts, such notice shall be made at the enti- each contractor, a description of the con- (1) the number of payments made by the ty level. tract of the contractor with the Federal United States pursuant to section 7430 of the ‘‘(ii) DISCLOSURE LIMITED TO PERTINENT agency or State, and the duration of such Internal Revenue Code of 1986 (relating to PORTION.—The only portion of a return or re- contract.’’. awarding of costs and certain fees); turn information described in clause (i) (b) CONFORMING AMENDMENT.—Subpara- (2) the amount of each such payment; which may be disclosed under subparagraph graph (B) of section 6103(p)(8) is amended by (3) an analysis of any administrative issue (A) is that portion of such return or return inserting ‘‘or paragraph (9)’’ after ‘‘subpara- giving rise to such payments; and information that directly relates to the reso- graph (A)’’. (4) changes (if any) which will be imple- lution of an issue in such proceeding. (c) EFFECTIVE DATE.— mented as a result of such analysis and other ‘‘(iii) EXCEPTIONS.—Clause (i) shall not (1) IN GENERAL.—The amendments made by changes (if any) recommended by the Treas- apply to— this section shall apply to disclosures made ury Inspector General for Tax Administra- ‘‘(I) any ex parte proceeding for obtaining after December 31, 2002. tion as a result of such analysis. a search warrant, order for entry on prem- (2) CERTIFICATIONS.—The first certification SEC. 505. ANNUAL REPORT ON ABATEMENT OF ises or safe deposit boxes, or similar ex parte under section 6103(p)(9)(D) of the Internal PENALTIES. proceeding, Revenue Code of 1986, as added by subsection Not later than 6 months after the close of ‘‘(II) disclosure of third party return infor- (a), shall be made with respect to calendar each Federal fiscal year after fiscal year mation by indictment or criminal informa- year 2003. 2001, the Treasury Inspector General for Tax tion, or SEC. 406. HIGHER STANDARDS FOR REQUESTS Administration shall submit a report to Con- ‘‘(III) if the Secretary determines that the FOR AND CONSENTS TO DISCLO- gress on abatements of penalties under the application of such clause would seriously SURE. Internal Revenue Code of 1986 during such (a) IN GENERAL.—Subsection (c) of section impair a criminal tax investigation.’’. year, including information on the reasons 6103 (relating to disclosure of returns and re- (b) CONFORMING AMENDMENTS.—Paragraph and criteria for such abatements. turn information to designee of taxpayer) is (4) of section 6103(h) is amended by— amended by adding at the end the following SEC. 506. BETTER MEANS OF COMMUNICATING (1) by striking ‘‘PROCEEDINGS.—A return’’ new paragraphs: WITH TAXPAYERS. and inserting ‘‘PROCEEDINGS.— ‘‘(2) REQUIREMENTS FOR VALID REQUESTS Not later than 18 months after the date of ‘‘(A) IN GENERAL.—Except as provided in AND CONSENTS.—A request for or consent to the enactment of this Act, the Treasury In- subparagraph (B), a return’’; disclosure under paragraph (1) shall only be spector General for Tax Administration shall (2) by redesignating subparagraphs (A), (B), valid for purposes of this section or sections submit a report to Congress evaluating (C), and (D) clauses (i), (ii), (iii), and (iv), re- 7213, 7213A, or 7431 if— whether technological advances, such as e- spectively; and ‘‘(A) at the time of execution, such request mail and facsimile transmission, permit the (3) in the matter following clause (iv) (as or coe of Service To Act on Determinations use of alternative means for the Internal so redesignated), by striking ‘‘subparagraph Treated as Exhaustion of Remedies.—The Revenue Service to communicate with tax- (A), (B), or (C)’’ and inserting ‘‘clause (i), (ii), second sentence of paragraph (2) of section payers. or (iii)’’ and by moving such matter 2 ems to 7428(b) (relating to exhaustion of administra- SEC. 507. EXPLANATION OF STATUTE OF LIMITA- the right. tive remedies) is amended to read as follows: TIONS AND CONSEQUENCES OF (c) EFFECTIVE DATE.—The amendments ‘‘An organization which requests the deter- FAILURE TO FILE. made by this section shall apply to pro- mination of an issue referred to in sub- The Secretary of the Treasury or the Sec- ceedings commenced after the date of the en- section (a)(1) and which has taken, in a time- retary’s delegate shall, as soon as prac- actment of this Act. ly manner, all reasonable steps to secure ticable but not later than 180 days after the SEC. 404. PROHIBITION OF DISCLOSURE OF TAX- such determination, shall be deemed to have date of the enactment of this Act, revise the PAYER IDENTIFICATION INFORMA- exhausted its administrative remedies with statement required by section 6227 of the TION WITH RESPECT TO DISCLO- respect to— Omnibus Taxpayer Bill of Rights (Internal SURE OF ACCEPTED OFFERS-IN- ‘‘(A) a failure by the Secretary to make a Revenue Service Publication No. 1), and any COMPROMISE. determination with respect to such issue, at instructions booklet accompanying a general (a) IN GENERAL.—Paragraph (1) of section the expiration of 270 days after the date on income tax return form for taxable years be- 6103(k) (relating to disclosure of certain re- which the request for such determination ginning in 2000 and later (including forms turns and return information for tax admin- was made, and 1040, 1040A, 1040EZ, and any similar or suc- istrative purposes) is amended by inserting ‘‘(B) a failure by any office of the Internal cessor forms relating thereto), to provide for ‘‘(other than the tax payer’s address and Revenue Service (other than the office which an explanation of— TIN)’’ after ‘‘Return information’’. is responsible for initial determinations with (1) the limitations imposed by section 6511 (b) EFFECTIVE DATE.—The amendment respect to such issue) to make a determina- of the Internal Revenue Code of 1986 on cred- made by this section shall apply to disclo- tion with respect to such issue, at the expi- its and refunds; and sures made after the date of the enactment ration of 450 days after the date on which (2) the consequences under such section of this Act. such request was made.’’. 6511 of the failure to file a return of tax. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1119 SEC. 508. AMENDMENT TO TREASURY AUCTION Sec. 105. Expansion of interest netting for Sec. 507. Explanation of statute of limita- REFORMS. individuals. tions and consequences of fail- (a) IN GENERAL.—Clause (i) of section Sec. 106. Waiver of certain penalties for ure to file. 202(c)(4)(B) of the Government Securities Act first-time unintentional minor Sec. 508. Amendment to Treasury auction Amendments of 1993 (31 U.S.C. 3121 note) is errors. reforms. amended by inserting before the semicolon Sec. 107. Frivolous tax submissions. Sec. 509. Enrolled agents. ‘‘(or, if earlier, at the time the Secretary re- Sec. 108. Clarification of application of tax Sec. 510. Financial Management Service leases the minutes of the meeting in accord- deposit penalty. fees. ance with paragraph (2))’’. TITLE II—FAIRNESS OF COLLECTION Sec. 511. Capital gain treatment under sec- (b) EFFECTIVE DATE.—The amendment PROCEDURES tion 631(b) to apply to outright made by subsection (a) shall apply to meet- Sec. 201. Partial payment of tax liability in sales by land owner. ings held after the date of the enactment of installment agreements. TITLE VI—LOW-INCOME TAXPAYER this Act. Sec. 202. Extension of time for return of CLINICS SEC. 509. ENROLLED AGENTS. property. Sec. 601. Low-income taxpayer clinics. (a) IN GENERAL.—Chapter 77 (relating to Sec. 203. Individuals held harmless on miscellaneous provisions) is amended by add- wrongful levy, etc. on indi- TITLE VII—REVISIONS TO SECTION 527 ing at the end the following new section: vidual retirement plan. ORGANIZATION DISCLOSURE PROVI- ‘‘SEC. 7527. ENROLLED AGENTS. Sec. 204. Seven-day threshold on tolling of SIONS ‘‘(a) IN GENERAL.—The Secretary may pre- statute of limitations during Sec. 701. Modifications of reporting require- scribe such regulations as may be necessary tax review. ments for certain State and to regulate the conduct of enrolled agents in Sec. 205. Study of liens and levies. local political organizations. regards to their practice before the Internal TITLE III—EFFICIENCY OF TAX Sec. 702. Notification of interaction of re- Revenue Service. ADMINISTRATION porting requirements. ‘‘(b) USE OF CREDENTIALS.—Any enrolled Sec. 301. Revisions relating to termination Sec. 703. Technical corrections to section 527 agents properly licensed to practice as re- of employment of Internal Rev- organization disclosure provi- quired under rules promulgated under sec- enue Service employees for sions. tion (a) herein shall be allowed to use the misconduct. TITLE I—PENALTIES AND INTEREST credentials or designation as ‘enrolled Sec. 302. Confirmation of authority of Tax SEC. 101. FAILURE TO PAY ESTIMATED TAX PEN- agent’, ‘EA’, or ‘E.A.’.’’ Court to apply doctrine of equi- ALTY CONVERTED TO INTEREST (b) CLERICAL AMENDMENT.—The table of table recoupment. CHARGE ON ACCUMULATED UNPAID sections for chapter 77 is amended by adding Sec. 303. Jurisdiction of Tax Court over col- BALANCE. at the end the following new item: lection due process cases. (a) PENALTY MOVED TO INTEREST CHAPTER ‘‘Sec. 7525. Enrolled agents.’’ Sec. 304. Office of Chief Counsel review of of- OF CODE.—The Internal Revenue Code of 1986 (c) PRIOR REGULATIONS.—Nothing in the fers in compromise. is amended by redesignating section 6654 as amendments made by this section shall be Sec. 305. 15-day delay in due date for elec- section 6641 and by moving section 6641 (as so construed to have any effect on part 10 of tronically filed individual in- redesignated) from part I of subchapter A of title 31, Code of Federal Regulations, or any come tax returns. chapter 68 to the end of subchapter E of other Federal rule or regulation issued be- TITLE IV—CONFIDENTIALITY AND chapter 67 (as added by subsection (e)(1) of fore the date of the enactment of this Act. DISCLOSURE this section). (b) PENALTY CONVERTED TO INTEREST TITLE VI—AUTHORIZATION OF Sec. 401. Collection activities with respect CHARGE.—The heading and subsections (a) APPROPRIATION to joint return disclosable to either spouse based on oral re- and (b) of section 6641 (as so redesignated) SEC. 601. LOW-INCOME TAXPAYER CLINICS. quest. are amended to read as follows: (a) LIMITATION ON AMOUNT OF GRANTS.— Sec. 402. Taxpayer representatives not sub- ‘‘SEC. 6641. INTEREST ON FAILURE BY INDI- Paragraph (1) of section 7526(c) (relating to ject to examination on sole VIDUAL TO PAY ESTIMATED INCOME special rules and limitations) is amended by basis of representation of tax- TAX. striking ‘‘$6,000,000 per year’’ and inserting payers. ‘‘(a) IN GENERAL.—Interest shall be paid on ‘‘$9,000,000 for 2002, $12,000,000 for 2003, and Sec. 403. Disclosure in judicial or adminis- any underpayment of estimated tax by an in- $15,000,000 for each year thereafter’’. trative tax proceedings of re- dividual for a taxable year for each day of (b) LIMITATION ON USE OF CLINICS FOR TAX turn and return information of such underpayment. The amount of such in- RETURN PREPARATION.—Section 7526(b)(1) is persons who are not party to terest for any day shall be the product of the amended by adding at the end the following such proceedings. underpayment rate established under sub- new subparagraph: Sec. 404. Prohibition of disclosure of tax- section (b)(2) multiplied by the amount of ‘‘(C) LIMITATION REGARDING TAX RETURN payer identification informa- the underpayment. PREPARATION.—A clinic meets the require- tion with respect to disclosure ‘‘(b) AMOUNT OF UNDERPAYMENT; INTEREST ments of subparagraph (A)(ii)(II) if the proof accepted offers-in-com- RATE.—For purposes of subsection (a)— grams operated by the clinic do not include promise. ‘‘(1) AMOUNT.—The amount of the under- routine tax return preparation.’’. Sec. 405. Compliance by contractors with payment on any day shall be the excess of— Strike all after the enacting clause and in- confidentiality safeguards. ‘‘(A) the sum of the required installments sert the following: Sec. 406. Higher standards for requests for for the taxable year the due dates for which SECTION 1. SHORT TITLE; ETC. and consents to disclosure. are on or before such day, over Sec. 407. Notice to taxpayer concerning ad- ‘‘(B) the sum of the amounts (if any) of es- (a) SHORT TITLE.—This Act may be cited as ministrative determination of timated tax payments made on or before the ‘‘Taxpayer Protection and IRS Account- browsing; annual report. such day on such required installments. ability Act of 2002’’. Sec. 408. Expanded disclosure in emergency ‘‘(2) DETERMINATION OF INTEREST RATE.— (b) AMENDMENT OF 1986 CODE.—Except as circumstances. otherwise expressly provided, whenever in ‘‘(A) IN GENERAL.—The underpayment rate Sec. 409. Disclosure of taxpayer identity for this Act an amendment or repeal is ex- with respect to any day in an installment tax refund purposes. underpayment period shall be the under- pressed in terms of an amendment to, or re- Sec. 410. Disclosure to State officials of pro- peal of, a section or other provision, the ref- payment rate established under section 6621 posed actions related to section for the first day of the calendar quarter in erence shall be considered to be made to a 501(c)(3) organizations. section or other provision of the Internal which such installment underpayment period Revenue Code of 1986. TITLE V—MISCELLANEOUS begins. ‘‘(B) INSTALLMENT UNDERPAYMENT PE- (c) TABLE OF CONTENTS.— Sec. 501. Clarification of definition of church RIOD.—For purposes of subparagraph (A), the Sec. 1. Short title; etc. tax inquiry. Sec. 502. Expansion of declaratory judgment term ‘installment underpayment period’ TITLE I—PENALTIES AND INTEREST remedy to tax-exempt organiza- means the period beginning on the day after Sec. 101. Failure to pay estimated tax pen- tions. the due date for a required installment and alty converted to interest Sec. 503. Employee misconduct report to in- ending on the due date for the subsequent re- charge on accumulated unpaid clude summary of complaints quired installment (or in the case of the 4th balance. by category. required installment, the 15th day of the 4th Sec. 102. Exclusion from gross income for in- Sec. 504. Annual report on awards of costs month following the close of a taxable year). terest on overpayments of in- and certain fees in administra- ‘‘(C) DAILY RATE.—The rate determined come tax by individuals. tive and court proceedings. under subparagraph (A) shall be applied on a Sec. 103. Abatement of interest. Sec. 505. Annual report on abatement of pen- daily basis and shall be based on the assump- Sec. 104. Deposits made to suspend running alties. tion of 365 days in a calendar year. of interest on potential under- Sec. 506. Better means of communicating ‘‘(3) TERMINATION OF ESTIMATED TAX INTER- payments. with taxpayers. EST.—No day after the end of the installment H1120 CONGRESSIONAL RECORD — HOUSE April 9, 2002 underpayment period for the 4th required in- ‘‘Subchapter E. Interest on failure by indi- make a cash deposit with the Secretary stallment specified in paragraph (2)(B) for a vidual to pay estimated income which may be used by the Secretary to pay taxable year shall be treated as a day of un- tax.’’. any tax imposed under subtitle A or B or derpayment with respect to such taxable (3) The table of sections for part I of subchapter 41, 42, 43, or 44 which has not been year.’’. chapter A of chapter 68 is amended by strik- assessed at the time of the deposit. Such a (c) INCREASE IN SAFE HARBOR WHERE TAX IS ing the item relating to section 6654. deposit shall be made in such manner as the SMALL.— (f) EFFECTIVE DATE.—The amendments Secretary shall prescribe. (1) IN GENERAL.—Clause (i) of section made by this section shall apply to install- ‘‘(b) NO INTEREST IMPOSED.—To the extent 6641(d)(1)(B) (as so redesignated) is amended ment payments for taxable years beginning that such deposit is used by the Secretary to to read as follows: after December 31, 2002. pay tax, for purposes of section 6601 (relating ‘‘(i) the lesser of— to interest on underpayments), the tax shall ‘‘(I) 90 percent of the tax shown on the re- SEC. 102. EXCLUSION FROM GROSS INCOME FOR INTEREST ON OVERPAYMENTS OF be treated as paid when the deposit is made. turn for the taxable year (or, if no return is INCOME TAX BY INDIVIDUALS. filed, 90 percent of the tax for such year), or ‘‘(c) RETURN OF DEPOSIT.—Except in a case (a) IN GENERAL.—Part III of subchapter B ‘‘(II) the tax shown on the return for the where the Secretary determines that collec- of chapter 1 (relating to items specifically tion of tax is in jeopardy, the Secretary shall taxable year (or, if no return is filed, the tax excluded from gross income) is amended by for such year) reduced (but not below zero) return to the taxpayer any amount of the de- inserting after section 139 the following new by $2,000, or’’. posit (to the extent not used for a payment section: (2) CONFORMING AMENDMENT.—Subsection of tax) which the taxpayer requests in writ- (e) of section 6641 (as so redesignated) is ‘‘SEC. 139A. EXCLUSION FROM GROSS INCOME ing. FOR INTEREST ON OVERPAYMENTS AYMENT OF NTEREST amended by striking paragraph (1) and redes- OF INCOME TAX BY INDIVIDUALS. ‘‘(d) P I .— ‘‘(1) IN GENERAL.—For purposes of section ignating paragraphs (2) and (3) as paragraphs ‘‘(a) IN GENERAL.—In the case of an indi- (1) and (2), respectively. vidual, gross income shall not include inter- 6611 (relating to interest on overpayments), a (d) CONFORMING AMENDMENTS.— est paid under section 6611 on any overpay- deposit which is returned to a taxpayer shall (1) Paragraphs (1) and (2) of subsection (e) ment of tax imposed by this subtitle. be treated as a payment of tax for any period (as redesignated by subsection (c)(2)) and ‘‘(b) EXCEPTION.—Subsection (a) shall not to the extent (and only to the extent) attrib- subsection (h) of section 6641 (as so des- apply in the case of a failure to claim items utable to a disputable tax for such period. ignated) are each amended by striking ‘‘addi- resulting in the overpayment on the original Under regulations prescribed by the Sec- tion to tax’’ each place it occurs and insert- return if the Secretary determines that the retary, rules similar to the rules of section ing ‘‘interest’’. principal purpose of such failure is to take 6611(b)(2) shall apply. (2) Section 167(g)(5)(D) is amended by strik- advantage of subsection (a). ‘‘(2) DISPUTABLE TAX.— ing ‘‘6654’’ and inserting ‘‘6641’’. ‘‘(c) SPECIAL RULE FOR DETERMINING MODI- ‘‘(A) IN GENERAL.—For purposes of this sec- (3) Section 460(b)(1) is amended by striking FIED ADJUSTED GROSS INCOME.—For purposes tion, the term ‘disputable tax’ means the ‘‘6654’’ and inserting ‘‘6641’’. of this title, interest not included in gross amount of tax specified at the time of the de- (4) Section 3510(b) is amended— income under subsection (a) shall not be posit as the taxpayer’s reasonable estimate (A) by striking ‘‘section 6654’’ in paragraph treated as interest which is exempt from tax of the maximum amount of any tax attrib- (1) and inserting ‘‘section 6641’’; for purposes of sections 32(i)(2)(B) and 6012(d) utable to disputable items. (B) by amending paragraph (2)(B) to read or any computation in which interest ex- ‘‘(B) SAFE HARBOR BASED ON 30-DAY LET- as follows: empt from tax under this title is added to ad- TER.—In the case of a taxpayer who has been ‘‘(B) no interest would be required to be justed gross income.’’. issued a 30-day letter, the maximum amount paid (but for this section) under 6641 for such (b) CLERICAL AMENDMENT.—The table of of tax under subparagraph (A) shall not be taxable year by reason of the $2,000 amount sections for part III of subchapter B of chap- less than the amount of the proposed defi- specified in section 6641(d)(1)(B)(i)(II).’’; ter 1 is amended by inserting after the item ciency specified in such letter. (C) by striking ‘‘section 6654(d)(2)’’ in para- relating to section 139 the following new ‘‘(3) OTHER DEFINITIONS.—For purposes of graph (3) and inserting ‘‘section 6641(d)(2)’’; item: paragraph (2)— and ‘‘(A) DISPUTABLE ITEM.—The term ‘disput- (D) by striking paragraph (4). ‘‘Sec. 139A. Exclusion from gross income for able item’ means any item of income, gain, (5) Section 6201(b)(1) is amended by strik- interest on overpayments of in- loss, deduction, or credit if the taxpayer— ing ‘‘6654’’ and inserting ‘‘6641’’. come tax by individuals.’’. ‘‘(i) has a reasonable basis for its treat- (6) Section 6601(h) is amended by striking (c) EFFECTIVE DATE.—The amendments ment of such item, and ‘‘6654’’ and inserting ‘‘6641’’. made by this section shall apply to interest ‘‘(ii) reasonably believes that the Sec- (7) Section 6621(b)(2)(B) is amended by received in calendar years beginning after retary also has a reasonable basis for dis- striking ‘‘addition to tax under section 6654’’ the date of the enactment of this Act. allowing the taxpayer’s treatment of such and inserting ‘‘interest required to be paid SEC. 103. ABATEMENT OF INTEREST. item. under section 6641’’. (a) ABATEMENT OF INTEREST WITH RESPECT ‘‘(B) 30-DAY LETTER.—The term ‘30-day let- (8) Section 6622(b) is amended— TO ERRONEOUS REFUND CHECK WITHOUT RE- ter’ means the first letter of proposed defi- (A) by striking ‘‘PENALTY FOR’’ in the GARD TO SIZE OF REFUND.—Paragraph (2) of ciency which allows the taxpayer an oppor- heading; and section 6404(e) is amended by striking ‘‘un- tunity for administrative review in the In- (B) by striking ‘‘addition to tax under sec- less—’’ and all that follows and inserting ternal Revenue Service Office of Appeals. tion 6654 or 6655’’ and inserting ‘‘interest re- ‘‘unless the taxpayer (or a related party) has ‘‘(4) RATE OF INTEREST.—The rate of inter- quired to be paid under section 6641 or addi- in any way caused such erroneous refund.’’. est allowable under this subsection shall be tion to tax under section 6655’’. (b) ABATEMENT OF INTEREST TO EXTENT IN- the Federal short-term rate determined (9) Section 6658(a) is amended— TEREST IS ATTRIBUTABLE TO TAXPAYER RELI- under section 6621(b), compounded daily. (A) by striking ‘‘6654, or 6655’’ and inserting ANCE ON WRITTEN STATEMENTS OF THE IRS.— ‘‘(e) USE OF DEPOSITS.— ‘‘or 6655, and no interest shall be required to Subsection (f) of section 6404 is amended— ‘‘(1) PAYMENT OF TAX.—Except as otherwise be paid under section 6641,’’; and (1) in the subsection heading, by striking provided by the taxpayer, deposits shall be (B) by inserting ‘‘or paying interest’’ after ‘‘PENALTY OR ADDITION’’ and inserting ‘‘IN- treated as used for the payment of tax in the ‘‘the tax’’ in paragraph (2)(B)(ii). TEREST, PENALTY, OR ADDITION’’; and order deposited. (10) Section 6665(b) is amended— (2) in paragraph (1) and in subparagraph (B) ‘‘(B) RETURNS OF DEPOSITS.—Deposits shall (A) in the matter preceding paragraph (1) of paragraph (2), by striking ‘‘penalty or ad- be treated as returned to the taxpayer on a by striking ‘‘, 6654,’’; and dition’’ and inserting ‘‘interest, penalty, or last-in, first-out basis.’’. (B) in paragraph (2) by striking ‘‘6654 or’’. addition’’. (b) CLERICAL AMENDMENT.—The table of (11) Section 7203 is amended by striking (c) EFFECTIVE DATE.—The amendments sections for subchapter A of chapter 67 is ‘‘section 6654 or 6655’’ and inserting ‘‘section made by this section shall apply with respect amended by adding at the end the following 6655 or interest required to be paid under sec- to interest accruing on or after the date of new item: tion 6641’’. the enactment of this Act. (e) CLERICAL AMENDMENTS.— SEC. 104. DEPOSITS MADE TO SUSPEND RUNNING ‘‘Sec. 6603. Deposits made to suspend running (1) Chapter 67 is amended by inserting after OF INTEREST ON POTENTIAL UN- of interest on potential under- subchapter D the following: DERPAYMENTS. payments, etc.’’. ‘‘Subchapter E—Interest on Failure by (a) IN GENERAL.—Subchapter A of chapter Individual to Pay Estimated Income Tax 67 (relating to interest on underpayments) is (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by ‘‘Sec. 6641. Interest on failure by individual amended by adding at the end the following this section shall apply to deposits made to pay estimated income tax.’’. new section: after the date of the enactment of this Act. (2) The table of subchapters for chapter 67 ‘‘SEC. 6603. DEPOSITS MADE TO SUSPEND RUN- NING OF INTEREST ON POTENTIAL (2) COORDINATION WITH DEPOSITS MADE is amended by adding at the end the fol- UNDERPAYMENTS, ETC. UNDER REVENUE PROCEDURE 84–58.—In the case lowing new items: ‘‘(a) AUTHORITY TO MAKE DEPOSITS OTHER of an amount held by the Secretary of the ‘‘Subchapter D. Notice requirements. THAN AS PAYMENT OF TAX.—A taxpayer may Treasury or his delegate on the date of the April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1121

enactment of this Act as a deposit in the na- submits a specified frivolous submission (c) TREATMENT OF FRIVOLOUS REQUESTS ture of a cash bond deposit pursuant to Rev- shall pay a penalty of $5,000. FOR HEARINGS UPON FILING OF NOTICE OF enue Procedure 84–58, the date that the tax- ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For LIEN.—Section 6320 is amended— payer identifies such amount as a deposit purposes of this section— (1) in subsection (b)(1), by striking ‘‘under made pursuant to section 6603 of the Internal ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— subsection (a)(3)(B)’’ and inserting ‘‘in writ- Revenue Code (as added by this Act) shall be The term ‘specified frivolous submission’ ing under subsection (a)(3)(B) and states the treated as the date such amount is deposited means a specified submission if any portion grounds for the requested hearing’’, and for purposes of such section 6603. of such submission— (2) in subsection (c), by striking ‘‘and (e)’’ SEC. 105. EXPANSION OF INTEREST NETTING FOR ‘‘(i) is based on a position which the Sec- and inserting ‘‘(e), and (g)’’. INDIVIDUALS. retary has identified as frivolous under sub- (d) TREATMENT OF FRIVOLOUS APPLICATIONS (a) IN GENERAL.—Subsection (d) of section section (c), or FOR OFFERS-IN-COMPROMISE AND INSTALL- 6621 (relating to elimination of interest on ‘‘(ii) reflects a desire to delay or impede MENT AGREEMENTS.—Section 7122 is amended overlapping periods of tax overpayments and the administration of Federal tax laws. by adding at the end the following new sub- underpayments) is amended by adding at the ‘‘(B) SPECIFIED SUBMISSION.—The term section: end the following: ‘‘Solely for purposes of the ‘specified submission’ means— ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- preceding sentence, section 6611(e) shall not ‘‘(i) a request for a hearing under— withstanding any other provision of this sec- apply in the case of an individual.’’. ‘‘(I) section 6320 (relating to notice and option, if the Secretary determines that any (b) EFFECTIVE DATE.—The amendment portunity for hearing upon filing of notice of portion of an application for an offer-in-com- made by subsection (a) shall apply to inter- lien), or promise or installment agreement submitted est accrued after December 31, 2002. ‘‘(II) section 6330 (relating to notice and under this section or section 6159 meets the SEC. 106. WAIVER OF CERTAIN PENALTIES FOR opportunity for hearing before levy), and requirement of clause (i) or (ii) of section FIRST-TIME UNINTENTIONAL MINOR ‘‘(ii) an application under— 6702(b)(2)(A), then the Secretary may treat ERRORS. ‘‘(I) section 7811 (relating to taxpayer as- such portion as if it were never submitted (a) IN GENERAL.—Section 6651 (relating to sistance orders), and such portion shall not be subject to any failure to file tax return or to pay tax) is ‘‘(II) section 6159 (relating to agreements further administrative or judicial review.’’. amended by adding at the end the following for payment of tax liability in installments), (e) CLERICAL AMENDMENT.—The table of new subsection: or sections for part I of subchapter B of chapter ‘‘(i) TREATMENT OF FIRST-TIME UNINTEN- ‘‘(III) section 7122 (relating to com- 68 is amended by striking the item relating TIONAL MINOR ERRORS.— promises). to section 6702 and inserting the following ‘‘(1) IN GENERAL.—In the case of a return of ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- new item: tax imposed by subtitle A filed by an indi- SION.—If the Secretary provides a person ‘‘Sec. 6702. Frivolous tax submissions.’’. vidual, the Secretary may waive an addition with notice that a submission is a specified to tax under subsection (a) if— frivolous submission and such person with- (f) EFFECTIVE DATE.—The amendments ‘‘(A) the individual has a history of compli- draws such submission promptly after such made by this section shall apply to submis- ance with the requirements of this title, notice, the penalty imposed under paragraph sions made and issues raised after the date ‘‘(B) it is shown that the failure is due to (1) shall not apply with respect to such sub- on which the Secretary first prescribes a list an unintentional minor error, mission. under section 6702(c) of the Internal Revenue ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The ‘‘(C) the penalty would be grossly dis- Code of 1986, as amended by subsection (a). Secretary shall prescribe (and periodically proportionate to the action or expense that SEC. 108. CLARIFICATION OF APPLICATION OF revise) a list of positions which the Sec- would have been needed to avoid the error, FEDERAL TAX DEPOSIT PENALTY. retary has identified as being frivolous for and imposing the penalty would be against Nothing in section 6656 of the Internal Rev- purposes of this subsection. The Secretary equity and good conscience, enue Code of 1986 shall be construed to per- shall not include in such list any position mit the percentage specified in subsection ‘‘(D) waiving the penalty would promote that the Secretary determines meets the re- compliance with the requirements of this (b)(1)(A)(iii) thereof to apply other than in a quirement of section 6662(d)(2)(B)(ii)(II). case where the failure is for more than 15 title and effective tax administration, and ‘‘(d) REDUCTION OF PENALTY.—The Sec- days. ‘‘(E) the taxpayer took all reasonable steps retary may reduce the amount of any pen- to remedy the error promptly after discov- alty imposed under this section if the Sec- TITLE II—FAIRNESS OF COLLECTION ering it. retary determines that such reduction would PROCEDURES ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not promote compliance with and administra- SEC. 201. PARTIAL PAYMENT OF TAX LIABILITY apply if— tion of the Federal tax laws. IN INSTALLMENT AGREEMENTS. ‘‘(A) the Secretary has waived any addition ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- (a) IN GENERAL.— to tax under this subsection with respect to ALTIES.—The penalties imposed by this sec- (1) Section 6159(a) (relating to authoriza- any prior failure by such individual, tion shall be in addition to any other penalty tion of agreements) is amended— ‘‘(B) the failure is a mathematical or cler- provided by law.’’. (A) by striking ‘‘satisfy liability for pay- ical error (as defined in section 6213(g)(2)), or (b) TREATMENT OF FRIVOLOUS REQUESTS ment of’’ and inserting ‘‘make payment on’’, ‘‘(C) the failure is the lack of a required FOR HEARINGS BEFORE LEVY.— and signature.’’. (1) FRIVOLOUS REQUESTS DISREGARDED.— (B) by inserting ‘‘full or partial’’ after ‘‘fa- (b) EFFECTIVE DATE.—The amendment Section 6330 (relating to notice and oppor- cilitate’’. made by this section shall take effect on tunity for hearing before levy) is amended by (2) Section 6159(c) (relating to Secretary January 1, 2003. adding at the end the following new sub- required to enter into installment agree- section: SEC. 107. FRIVOLOUS TAX SUBMISSIONS. ments in certain cases) is amended in the ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, (a) CIVIL PENALTIES.—Section 6702 is matter preceding paragraph (1) by inserting ETC.—Notwithstanding any other provision amended to read as follows: of this section, if the Secretary determines ‘‘full’’ before ‘‘payment’’. ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. that any portion of a request for a hearing (b) REQUIREMENT TO REVIEW PARTIAL PAY- ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- under this section or section 6320 meets the MENT AGREEMENTS EVERY TWO YEARS.—Sec- TURNS.—A person shall pay a penalty of requirement of clause (i) or (ii) of section tion 6159 is amended by redesignating sub- $5,000 if— 6702(b)(2)(A), then the Secretary may treat sections (d) and (e) as subsections (e) and (f), ‘‘(1) such person files what purports to be a such portion as if it were never submitted respectively, and inserting after subsection return of a tax imposed by this title but and such portion shall not be subject to any (c) the following new subsection: which— further administrative or judicial review.’’. ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- ‘‘(A) does not contain information on (2) PRECLUSION FROM RAISING FRIVOLOUS STALLMENT AGREEMENTS FOR PARTIAL COL- which the substantial correctness of the self- ISSUES AT HEARING.—Section 6330(c)(4) is LECTION EVERY TWO YEARS.—In the case of assessment may be judged, or amended— an agreement entered into by the Secretary ‘‘(B) contains information that on its face (A) by striking ‘‘(A)’’ and inserting under subsection (a) for partial collection of indicates that the self-assessment is substan- ‘‘(A)(i)’’; a tax liability, the Secretary shall review tially incorrect; and (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; the agreement at least once every 2 years.’’. ‘‘(2) the conduct referred to in paragraph (C) by striking the period at the end of the (c) EFFECTIVE DATE.—The amendments (1)— first sentence and inserting ‘‘; or’’; and made by this section shall apply to agree- ‘‘(A) is based on a position which the Sec- (D) by inserting after subparagraph (A)(ii) ments entered into on or after the date of retary has identified as frivolous under sub- (as so redesignated) the following: the enactment of this Act. section (c), or ‘‘(B) the issue meets the requirement of SEC. 202. EXTENSION OF TIME FOR RETURN OF ‘‘(B) reflects a desire to delay or impede clause (i) or (ii) of section 6702(b)(2)(A).’’. PROPERTY. the administration of Federal tax laws. (3) STATEMENT OF GROUNDS.—Section (a) EXTENSION OF TIME FOR RETURN OF ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- 6330(b)(1) is amended by striking ‘‘under sub- PROPERTY SUBJECT TO LEVY.—Subsection (b) LOUS SUBMISSIONS.— section (a)(3)(B)’’ and inserting ‘‘in writing of section 6343 (relating to return of prop- ‘‘(1) IMPOSITION OF PENALTY.—Except as under subsection (a)(3)(B) and states the erty) is amended by striking ‘‘9 months’’ and provided in paragraph (3), any person who grounds for the requested hearing’’. inserting ‘‘2 years’’. H1122 CONGRESSIONAL RECORD — HOUSE April 9, 2002

(b) PERIOD OF LIMITATION ON SUITS.—Sub- (b) EFFECTIVE DATE.—The amendment a criminal conviction, or a final adverse section (c) of section 6532 (relating to suits made by this section shall apply to applica- judgment by a court in a civil case, with re- by persons other than taxpayers) is tions filed after the date of the enactment of spect to the assault or battery; amended— this Act. ‘‘(6) willful violations of this title, Depart- (1) in paragraph (1) by striking ‘‘9 months’’ SEC. 205. STUDY OF LIENS AND LEVIES. ment of the Treasury regulations, or policies and inserting ‘‘2 years’’, and The Secretary of the Treasury, or the Sec- of the Internal Revenue Service (including (2) in paragraph (2) by striking ‘‘9-month’’ retary’s delegate, shall conduct a study of the Internal Revenue Manual) for the pur- and inserting ‘‘2-year’’. the practices of the Internal Revenue Serv- pose of retaliating against, or harassing, a (c) EFFECTIVE DATE.—The amendments ice concerning liens and levies. The study taxpayer or taxpayer representative; made by this section shall apply to— shall examine— ‘‘(7) willful misuse of the provisions of sec- (1) levies made after the date of the enact- (1) the declining use of liens and levies by tion 6103 for the purpose of concealing infor- ment of this Act, and the Internal Revenue Service, and mation from a congressional inquiry; (2) levies made on or before such date if the (2) the practicality of recording liens and ‘‘(8) willful failure to file any return of tax 9-month period has not expired under section levying against property in cases in which required under this title on or before the 6343(b) of the Internal Revenue Code of 1986 the cost of such actions exceeds the amount date prescribed therefor (including any ex- (without regard to this section) as of such to be realized from such property. tensions) when a tax is due and owing, unless date. Not later than 1 year after the date of the such failure is due to reasonable cause and SEC. 203. INDIVIDUALS HELD HARMLESS ON enactment of this Act, the Secretary shall not due to willful neglect; WRONGFUL LEVY, ETC. ON INDI- ‘‘(9) willful understatement of Federal tax VIDUAL RETIREMENT PLAN. submit such study to the Committee on liability, unless such understatement is due (a) IN GENERAL.—Section 6343 (relating to Ways and Means of the House of Representa- authority to release levy and return prop- tives and the Committee on Finance of the to reasonable cause and not due to willful erty) is amended by adding at the end the Senate. neglect; and following new subsection: TITLE III—EFFICIENCY OF TAX ‘‘(10) threatening to audit a taxpayer, or to ‘‘(f) INDIVIDUALS HELD HARMLESS ON ADMINISTRATION take other action under this title, for the WRONGFUL LEVY, ETC. ON INDIVIDUAL RETIRE- purpose of extracting personal gain or ben- SEC. 301. REVISIONS RELATING TO TERMINATION efit. MENT PLAN.— OF EMPLOYMENT OF INTERNAL ‘‘(c) DETERMINATIONS OF COMMISSIONER.— ‘‘(1) IN GENERAL.—If the Secretary deter- REVENUE SERVICE EMPLOYEES FOR mines that an individual retirement plan has MISCONDUCT. ‘‘(1) IN GENERAL.—The Commissioner may been levied upon in a case to which sub- (a) IN GENERAL.—Subchapter A of chapter take a personnel action other than a discipli- section (b) or (d)(2)(A) applies, an amount 80 (relating to application of internal rev- nary action provided for in the guidelines equal to the sum of— enue laws) is amended by inserting after sec- under subsection (a)(2) for an act or omission ‘‘(A) the amount of money returned by the tion 7804 the following new section: described under subsection (b). ‘‘(2) DISCRETION.—The exercise of authority Secretary on account of such levy, and ‘‘SEC. 7804A. DISCIPLINARY ACTIONS FOR MIS- ‘‘(B) interest paid under subsection (c) on CONDUCT. under paragraph (1) shall be at the sole discretion of the Commissioner and may not be such amount of money, ‘‘(a) DISCIPLINARY ACTIONS.— delegated to any other officer. The Commis- may be deposited into an individual retire- ‘‘(1) IN GENERAL.—Subject to subsection (c), ment plan (other than an endowment con- the Commissioner shall take an action in ac- sioner, in his sole discretion, may establish a tract) to which a rollover from the plan lev- cordance with the guidelines established procedure to determine if an individual ied upon is permitted. under paragraph (2) against any employee of should be referred to the Commissioner for a ‘‘(2) TREATMENT AS ROLLOVER.—The dis- the Internal Revenue Service if there is a determination by the Commissioner under tribution on account of the levy and any de- final administrative or judicial determina- paragraph (1). posit under paragraph (1) with respect to tion that such employee committed any act ‘‘(3) NO APPEAL.—Notwithstanding any such distribution shall be treated for pur- or omission described under subsection (b) in other provision of law, any determination of poses of this title as if such distribution and the performance of the employee’s official the Commissioner under this subsection may deposit were part of a rollover described in duties or where a nexus to the employee’s not be reviewed in any administrative or ju- section 408(d)(3)(A)(i); except that— position exists. dicial proceeding. A finding that an act or omission described under subsection (b) oc- ‘‘(A) interest paid under subsection (c) ‘‘(2) GUIDELINES.—The Commissioner shall shall be treated as part of such distribution issue guidelines for determining the appro- curred may be reviewed. ‘‘(d) DEFINITION.—For the purposes of the and as not includible in gross income, priate level of discipline, up to and including provisions described in clauses (i), (ii), and ‘‘(B) the 60-day requirement in such sec- termination of employment, for committing tion shall be treated as met if the deposit is (iv) of subsection (b)(3)(B), references to a any act or omission described under sub- program or activity regarding Federal finan- made not later than the 60th day after the section (b). day on which the individual receives an cial assistance or an education program or ‘‘(b) ACTS OR OMISSIONS.—The acts or omis- amount under paragraph (1) from the Sec- activity receiving Federal financial assist- sions described under this subsection are— ance shall include any program or activity retary, and ‘‘(1) willful failure to obtain the required ‘‘(C) such deposit shall not be taken into conducted by the Internal Revenue Service approval signatures on documents author- for a taxpayer. account under section 408(d)(3)(B). izing the seizure of a taxpayer’s home, per- EFUND, ETC., OF INCOME TAX ON ‘‘(e) ANNUAL REPORT.—The Commissioner ‘‘(3) R sonal belongings, or business assets; LEVY.—If any amount is includible in gross shall submit to Congress annually a report ‘‘(2) willfully providing a false statement income for a taxable year by reason of a levy on disciplinary actions under this section.’’. under oath with respect to a material matter referred to in paragraph (1) and any portion (b) CLERICAL AMENDMENT.—The table of involving a taxpayer or taxpayer representa- sections for chapter 80 is amended by insert- of such amount is treated as a rollover under tive; ing after the item relating to section 7804 the paragraph (2), any tax imposed by chapter 1 ‘‘(3) with respect to a taxpayer or taxpayer following new item: on such portion shall not be assessed, and if representative, the willful violation of— assessed shall be abated, and if collected ‘‘Sec. 7804A. Disciplinary actions for mis- ‘‘(A) any right under the Constitution of shall be credited or refunded as an overpay- conduct.’’. the United States; ment made on the due date for filing the re- ‘‘(B) any civil right established under— (c) REPEAL OF SUPERSEDED SECTION.—Sec- turn of tax for such taxable year. ‘‘(i) title VI or VII of the Civil Rights Act tion 1203 of the Internal Revenue Service Re- ‘‘(4) INTEREST.—Notwithstanding sub- of 1964; structuring and Reform Act of 1998 (Public section (d), interest shall be allowed under ‘‘(ii) title IX of the Education Amendments Law 105–206; 112 Stat. 720) is repealed. subsection (c) in a case in which the Sec- (d) EFFECTIVE DATE.—The amendments of 1972; retary makes a determination described in made by this section shall take effect on the ‘‘(iii) the Age Discrimination in Employ- subsection (d)(2)(A) with respect to a levy date of the enactment of this Act. ment Act of 1967; upon an individual retirement plan.’’. SEC. 302. CONFIRMATION OF AUTHORITY OF TAX ‘‘(iv) the Age Discrimination Act of 1975; (b) EFFECTIVE DATE.—The amendment COURT TO APPLY DOCTRINE OF EQ- made by this section shall apply to amounts ‘‘(v) section 501 or 504 of the Rehabilitation UITABLE RECOUPMENT. paid under subsections (b), (c), and (d)(2)(A) Act of 1973; or (a) CONFIRMATION OF AUTHORITY OF TAX of section 6343 of the Internal Revenue Code ‘‘(vi) title I of the Americans with Disabil- COURT TO APPLY DOCTRINE OF EQUITABLE of 1986 after December 31, 2002. ities Act of 1990; or RECOUPMENT.—Subsection (b) of section 6214 SEC. 204. SEVEN-DAY THRESHOLD ON TOLLING ‘‘(C) the Internal Revenue Service policy (relating to jurisdiction over other years and OF STATUTE OF LIMITATIONS DUR- on unauthorized inspection of returns or re- quarters) is amended by adding at the end ING TAX REVIEW. turn information; the following new sentence: ‘‘Notwith- (a) IN GENERAL.—Section 7811(d)(1) (relat- ‘‘(4) willfully falsifying or destroying docu- standing the preceding sentence, the Tax ing to suspension of running of period of lim- ments to conceal mistakes made by any em- Court may apply the doctrine of equitable itation) is amended by inserting after ‘‘appli- ployee with respect to a matter involving a recoupment to the same extent that it is cation,’’ the following: ‘‘but only if the date taxpayer or taxpayer representative; available in civil tax cases before the district of such decision is at least 7 days after the ‘‘(5) assault or battery on a taxpayer or courts of the United States and the United date of the taxpayer’s application’’. taxpayer representative, but only if there is States Court of Federal Claims.’’. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1123

(b) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment premises or safe deposit boxes, or similar ex made by this section shall apply to any ac- made by this section shall apply to taxable parte proceeding, tion or proceeding in the Tax Court with re- years beginning after December 31, 2001. ‘‘(III) to disclosure of third party return inspect to which a decision has not become TITLE IV—CONFIDENTIALITY AND formation by indictment or criminal infor- final (as determined under section 7481 of the DISCLOSURE mation, or ‘‘(IV) if the Attorney General or the Attor- Internal Revenue Code of 1986) as of the date SEC. 401. COLLECTION ACTIVITIES WITH RE- of the enactment of this Act. SPECT TO JOINT RETURN ney General’s delegate determines that the SEC. 303. JURISDICTION OF TAX COURT OVER DISCLOSABLE TO EITHER SPOUSE application of such clause would seriously COLLECTION DUE PROCESS CASES. BASED ON ORAL REQUEST. impair a criminal tax investigation or pro- (a) IN GENERAL.—Section 6330(d)(1) (relat- (a) IN GENERAL.—Paragraph (8) of section ceeding.’’. ing to judicial review of determination) is 6103(e) (relating to disclosure of collection (b) CONFORMING AMENDMENTS.—Paragraph amended to read as follows: activities with respect to joint return) is (4) of section 6103(h) is amended by— ‘‘(1) JUDICIAL REVIEW OF DETERMINATION.— amended by striking ‘‘in writing’’ the first (1) by striking ‘‘PROCEEDINGS.—A return’’ The person may, within 30 days of a deter- place it appears. and inserting ‘‘PROCEEDINGS.— mination under this section, appeal such de- (b) EFFECTIVE DATE.—The amendment ‘‘(A) IN GENERAL.—Except as provided in termination to the Tax Court (and the Tax made by this section shall apply to requests subparagraph (B), a return’’; Court shall have jurisdiction with respect to made after the date of the enactment of this (2) by redesignating subparagraphs (A), (B), such matter).’’. Act. (C), and (D) as clauses (i), (ii), (iii), and (iv), (b) EFFECTIVE DATE.—The amendment SEC. 402. TAXPAYER REPRESENTATIVES NOT respectively; and made by subsection (a) shall apply to judi- SUBJECT TO EXAMINATION ON SOLE (3) in the matter following clause (iv) (as cial appeals filed after the date of the enact- BASIS OF REPRESENTATION OF TAX- so redesignated), by striking ‘‘subparagraph ment of this Act. PAYERS. (A), (B), or (C)’’ and inserting ‘‘clause (i), (ii), SEC. 304. OFFICE OF CHIEF COUNSEL REVIEW OF (a) IN GENERAL.—Subsection (h) of section or (iii)’’ and by moving such matter 2 ems to OFFERS IN COMPROMISE. 6103 (relating to disclosure to certain Federal the right. (a) IN GENERAL.—Section 7122(b) (relating officers and employees for purposes of tax (c) EFFECTIVE DATE.—The amendments to record) is amended by striking ‘‘Whenever administration, etc.) is amended by adding made by this section shall apply to pro- a compromise’’ and all that follows through at the end the following new paragraph: ceedings commenced after the date of the en- ‘‘his delegate’’ and inserting ‘‘If the Sec- ‘‘(7) TAXPAYER REPRESENTATIVES.—Not- actment of this Act. retary determines that an opinion of the withstanding paragraph (1), the return of the SEC. 404. PROHIBITION OF DISCLOSURE OF TAX- General Counsel for the Department of the representative of a taxpayer whose return is PAYER IDENTIFICATION INFORMA- being examined by an officer or employee of TION WITH RESPECT TO DISCLO- Treasury, or the Counsel’s delegate, is re- SURE OF ACCEPTED OFFERS-IN- quired with respect to a compromise, there the Department of the Treasury shall not be COMPROMISE. shall be placed on file in the office of the open to inspection by such officer or em- (a) IN GENERAL.—Paragraph (1) of section Secretary such opinion’’. ployee on the sole basis of the representa- 6103(k) (relating to disclosure of certain re- (b) CONFORMING AMENDMENTS.—Section tive’s relationship to the taxpayer unless a turns and return information for tax admin- 7122(b) is amended by striking the second and supervisor of such officer or employee has istrative purposes) is amended by inserting third sentences. approved the inspection of the return of such ‘‘(other than the taxpayer’s address and (c) EFFECTIVE DATE.—The amendments representative on a basis other than by rea- TIN)’’ after ‘‘Return information’’. made by this section shall apply to offers-inson of such relationship.’’. (b) EFFECTIVE DATE.—The amendment compromise submitted or pending on or after (b) EFFECTIVE DATE.—The amendment made by this section shall apply to disclo- the date of the enactment of this Act. made by this section shall take effect on the sures made after the date of the enactment SEC. 305. 15-DAY DELAY IN DUE DATE FOR ELEC- date of the enactment of this Act. of this Act. TRONICALLY FILED INDIVIDUAL IN- SEC. 403. DISCLOSURE IN JUDICIAL OR ADMINIS- SEC. 405. COMPLIANCE BY CONTRACTORS WITH COME TAX RETURNS. TRATIVE TAX PROCEEDINGS OF RE- CONFIDENTIALITY SAFEGUARDS. (a) IN GENERAL.—Section 6072 (relating to TURN AND RETURN INFORMATION (a) IN GENERAL.—Section 6103(p) (relating time for filing income tax returns) is amend- OF PERSONS WHO ARE NOT PARTY to State law requirements) is amended by ed by adding at the end the following new TO SUCH PROCEEDINGS. adding at the end the following new para- subsection: (a) IN GENERAL.—Paragraph (4) of section graph: ‘‘(f) ELECTRONICALLY FILED RETURNS OF IN- 6103(h) (relating to disclosure to certain Fed- ‘‘(9) DISCLOSURE TO CONTRACTORS.—Not- DIVIDUALS.— eral officers and employees for purposes of withstanding any other provision of this sec- ‘‘(1) IN GENERAL.—Returns of an individual tax administration, etc.) is amended by add- tion, no return or return information shall under section 6012 or 6013 (other than an indi- ing at the end the following new subpara- be disclosed by any officer or employee of vidual to whom subsection (c) applies) which graph: any Federal agency or State to any con- are filed electronically— ‘‘(B) DISCLOSURE IN JUDICIAL OR ADMINIS- tractor of such agency or State unless such ‘‘(A) in the case of returns filed on the TRATIVE TAX PROCEEDINGS OF RETURN AND RE- agency or State— basis of a calendar year, shall be filed on or TURN INFORMATION OF PERSONS NOT PARTY TO ‘‘(A) has requirements in effect which re- before the 30th day of April following the SUCH PROCEEDINGS.— quire each contractor of such agency or close of the calendar year, and ‘‘(i) NOTICE.—Return or return information State which would have access to returns or ‘‘(B) in the case of returns filed on the of any person who is not a party to a judicial return information to provide safeguards basis of a fiscal year, shall be filed on or be- or administrative proceeding described in (within the meaning of paragraph (4)) to pro- fore the last day of the 4th month following this paragraph shall not be disclosed under tect the confidentiality of such returns or re- the close of the fiscal year. clause (ii) or (iii) of subparagraph (A) until turn information, ‘‘(2) ELECTRONIC FILING.—Paragraph (1) after the Secretary makes a reasonable ef- ‘‘(B) agrees to conduct an annual, on-site shall not apply to any return unless— fort to give notice to such person and an op- review (mid-point review in the case of con- ‘‘(A) such return is accepted by the Sec- portunity for such person to request the de- tracts of less than 1 year in duration) of each retary, and letion of matter from such return or return contractor to determine compliance with ‘‘(B) the balance due (if any) shown on such information, including any of the items re- such requirements, return is paid electronically in a manner pre- ferred to in paragraphs (1) through (7) of sec- ‘‘(C) submits the findings of the most re- scribed by the Secretary. tion 6110(c). Such notice shall include a cent review conducted under subparagraph ‘‘(3) SPECIAL RULES.— statement of the issue or issues the resolu- (B) to the Secretary as part of the report re- ‘‘(A) ESTIMATED TAX.—If— tion of which is the reason such return or required by paragraph (4)(E), and ‘‘(i) paragraph (1) applies to an individual turn information is sought. In the case of S ‘‘(D) certifies to the Secretary for the most for any taxable year, and corporations, partnerships, estates, and recent annual period that all contractors are ‘‘(ii) there is an overpayment of tax shown trusts, such notice shall be made at the enti- in compliance with all such requirements. on the return for such year which the indi- ty level. The certification required by subparagraph vidual allows against the individual’s obliga- ‘‘(ii) DISCLOSURE LIMITED TO PERTINENT (D) shall include the name and address of tion under section 6641, PORTION.—The only portion of a return or re- each contractor, a description of the con- then, with respect to the amount so allowed, turn information described in clause (i) tract of the contractor with the Federal any reference in section 6641 to the April 15 which may be disclosed under subparagraph agency or State, and the duration of such following such taxable year shall be treated (A) is that portion of such return or return contract.’’. as a reference to April 30. information that directly relates to the reso- (b) CONFORMING AMENDMENT.—Subpara- ‘‘(B) REFERENCES TO DUE DATE.—Paragraph lution of an issue in such proceeding. graph (B) of section 6103(p)(8) is amended by (1) shall apply solely for purposes of deter- ‘‘(iii) EXCEPTIONS.—Clause (i) shall not inserting ‘‘or paragraph (9)’’ after ‘‘subpara- mining the due date for the individual’s obli- apply— graph (A)’’. gation to file and pay tax and, except as oth- ‘‘(I) to any civil action under section 7407, (c) EFFECTIVE DATE.— erwise provided by the Secretary, shall be 7408, or 7409, (1) IN GENERAL.—The amendments made by treated as an extension of the due date for ‘‘(II) to any ex parte proceeding for obtain- this section shall apply to disclosures made any other purpose under this title.’’. ing a search warrant, order for entry on after December 31, 2002. H1124 CONGRESSIONAL RECORD — HOUSE April 9, 2002

(2) CERTIFICATIONS.—The first certification SEC. 407. NOTICE TO TAXPAYER CONCERNING respect to which information is disclosed under section 6103(p)(9)(D) of the Internal ADMINISTRATIVE DETERMINATION under subparagraph (A) may be made avail- Revenue Code of 1986, as added by subsection OF BROWSING; ANNUAL REPORT. able for inspection by or disclosed to an ap- (a), shall be made with respect to calendar (a) NOTICE TO TAXPAYER.—Subsection (e) of propriate State officer. year 2003. section 7431 (relating to notification of un- ‘‘(C) PROCEDURES FOR DISCLOSURE.—Infor- lawful inspection and disclosure) is amended mation may be inspected or disclosed under SEC. 406. HIGHER STANDARDS FOR REQUESTS by adding at the end the following: ‘‘The subparagraph (A) or (B) only— FOR AND CONSENTS TO DISCLO- Secretary shall also notify such taxpayer if SURE. ‘‘(i) upon written request by an appropriate the Treasury Inspector General for Tax Ad- State officer, and (a) IN GENERAL.—Subsection (c) of section ministration determines that such tax- ‘‘(ii) for the purpose of, and only to the ex- 6103 (relating to disclosure of returns and re- payer’s return or return information was intent necessary in, the administration of turn information to designee of taxpayer) is spected or disclosed in violation of any of the State laws regulating such organizations. amended by adding at the end the following provisions specified in paragraph (1), (2), or Such information may only be inspected by new paragraphs: (3).’’. or disclosed to representatives of the appro- ‘‘(2) REQUIREMENTS FOR VALID REQUESTS (b) REPORTS.—Subsection (p) of section 6103 priate State officer designated as the indi- AND CONSENTS.—A request for or consent to (relating to procedure and recordkeeping), as viduals who are to inspect or to receive the disclosure under paragraph (1) shall only be amended by section 405, is further amended returns or return information under this valid for purposes of this section or sections by adding at the end the following new para- paragraph on behalf of such officer. 7213, 7213A, or 7431 if— graph: ‘‘(D) DISCLOSURES OTHER THAN BY RE- ‘‘(A) at the time of execution, such request ‘‘(10) REPORT ON UNAUTHORIZED DISCLOSURE QUEST.—The Secretary may make available or consent designates a recipient of such dis- AND INSPECTION.—As part of the report re- for inspection or disclose returns and return closure and is dated, and quired by paragraph (3)(C) for each calendar information of an organization to which ‘‘(B) at the time such request or consent is year, the Secretary shall furnish information paragraph (1) applies to an appropriate State submitted to the Secretary, the submitter of regarding the unauthorized disclosure and officer of any State if the Secretary deter- such request or consent certifies, under pen- inspection of returns and return informa- mines that such inspection or disclosure may alty of perjury, that such request or consent tion, including the number, status, and re- facilitate the resolution of State and Federal complied with subparagraph (A). sults of— issues relating to such organization. ‘‘(3) RESTRICTIONS ON PERSONS OBTAINING ‘‘(A) administrative investigations, ‘‘(3) USE IN JUDICIAL AND ADMINISTRATIVE INFORMATION.—Any person shall, as a condi- ‘‘(B) civil lawsuits brought under section PROCEEDINGS.—Returns and return information for receiving return or return informa- 7431 (including the amounts for which such tion disclosed pursuant to this subsection tion under paragraph (1)— lawsuits were settled and the amounts of may be disclosed in civil administrative and ‘‘(A) ensure that such return and return in- damages awarded), and judicial proceedings pertaining to the en- formation is kept confidential, ‘‘(C) criminal prosecutions.’’. forcement of State laws regulating such or- ‘‘(B) use such return and return informa- (c) EFFECTIVE DATE.— ganizations in a manner prescribed by the tion only for the purpose for which it was re- (1) NOTICE.—The amendment made by sub- Secretary similar to that for tax administra- quested, and section (a) shall apply to determinations tion proceedings under section 6103(h)(4). ‘‘(C) not disclose such return and return in- made after the date of the enactment of this ‘‘(4) NO DISCLOSURE IF IMPAIRMENT.—Re- formation except to accomplish the purpose Act. turns and return information shall not be for which it was requested, unless a separate (2) REPORTS.—The amendment made by disclosed under this subsection, or in any consent from the taxpayer is obtained. subsection (b) shall apply to calendar years proceeding described in paragraph (3), to the ‘‘(4) REQUIREMENTS FOR FORM PRESCRIBED ending after the date of the enactment of extent that the Secretary determines that BY SECRETARY.—For purposes of this sub- this Act. such disclosure would seriously impair Fed- section, the Secretary shall prescribe a form SEC. 408. EXPANDED DISCLOSURE IN EMER- eral tax administration. for requests and consents which shall— GENCY CIRCUMSTANCES. ‘‘(5) DEFINITIONS.—For purposes of this ‘‘(A) contain a warning, prominently dis- (a) IN GENERAL.—Section 6103(i)(3)(B) (re- subsection— played, informing the taxpayer that the form lating to danger of death or physical injury) ‘‘(A) RETURN AND RETURN INFORMATION.— should not be signed unless it is completed, is amended by striking ‘‘or State’’ and in- The terms ‘return’ and ‘return information’ ‘‘(B) state that if the taxpayer believes serting ‘‘, State, or local’’. have the respective meanings given to such there is an attempt to coerce him to sign an (b) EFFECTIVE DATE.—The amendment terms by section 6103(b). incomplete or blank form, the taxpayer made by this section shall take effect on the ‘‘(B) APPROPRIATE STATE OFFICER.—The should report the matter to the Treasury In- date of the enactment of this Act. term ‘appropriate State officer’ means— spector General for Tax Administration, and SEC. 409. DISCLOSURE OF TAXPAYER IDENTITY ‘‘(i) the State attorney general, or ‘‘(C) contain the address and telephone FOR TAX REFUND PURPOSES. ‘‘(ii) the head of any State agency, body, or number of the Treasury Inspector General (a) IN GENERAL.—Paragraph (1) of section commission which is charged under the laws for Tax Administration.’’. 6103(m) (relating to disclosure of taxpayer of such State with responsibility for overseeing organizations of the type described in (b) REPORT.—Not later than 18 months identity information) is amended by striking after the date of the enactment of this Act, ‘‘and other media’’ and by inserting ‘‘, other section 501(c)(3).’’. (b) CONFORMING AMENDMENTS.— the Treasury Inspector General for Tax Ad- media, and through any other means of mass (1) Subsection (a) of section 6103 is ministration shall submit a report to the communication,’’. amended— Congress on compliance with the designation (b) EFFECTIVE DATE.—The amendments (A) by inserting ‘‘or section 6104(c)’’ after and certification requirements applicable to made by this section shall take effect on the ‘‘this section’’ in paragraph (2), and requests for or consent to disclosure of re- date of the enactment of this Act. (B) by striking ‘‘or subsection (n)’’ in para- turns and return information under section SEC. 410. DISCLOSURE TO STATE OFFICIALS OF graph (3) and inserting ‘‘subsection (n), or 6103(c) of the Internal Revenue Code of 1986, PROPOSED ACTIONS RELATED TO SECTION 501(c)(3) ORGANIZATIONS. section 6104(c)’’. as amended by subsection (a). Such report (a) IN GENERAL.—Subsection (c) of section (2) Subparagraph (A) of section 6103(p)(3) is shall— 6104 is amended by striking paragraph (2) and amended by inserting ‘‘and section 6104(c)’’ (1) evaluate (on the basis of random sam- inserting the following new paragraphs: after ‘‘section’’ in the first sentence. pling) whether— ‘‘(2) DISCLOSURE OF PROPOSED ACTIONS.— (3) Paragraph (4) of section 6103(p) is (A) the amendment made by subsection (a) ‘‘(A) SPECIFIC NOTIFICATIONS.—In the case amended— is achieving the purposes of this section; of an organization to which paragraph (1) ap- (A) in the matter preceding subparagraph (B) requesters and submitters for such dis- plies, the Secretary may disclose to the ap- (A), by striking ‘‘(16) or any other person de- closure are continuing to evade the purposes propriate State officer— scribed in subsection (l)(16)’’ and inserting of this section and, if so, how; and ‘‘(i) a notice of proposed refusal to recog- ‘‘(16), any other person described in sub- (C) the sanctions for violations of such re- nize such organization as an organization de- section (l)(16), or any appropriate State offi- quirements are adequate; and scribed in section 501(c)(3) or a notice of pro- cer (as defined in section 6104(c))’’, and (2) include such recommendations that the posed revocation of such organization’s rec- (B) in subparagraph (F), by striking ‘‘or Treasury Inspector General for Tax Adminis- ognition as an organization exempt from any other person described in subsection tration considers necessary or appropriate to taxation, (l)(16)’’ and inserting ‘‘any other person de- better achieve the purposes of this section. ‘‘(ii) the issuance of a letter of proposed described in subsection (l)(16), or any appro- (c) CONFORMING AMENDMENT.—Section ficiency of tax imposed under section 507 or priate State officer (as defined in section 6103(c) is amended by striking ‘‘TAXPAYER.— chapter 41 or 42, and 6104(c))’’. The Secretary’’ and inserting ‘‘TAXPAYER.— ‘‘(iii) the names and taxpayer identifica- (4) Paragraph (2) of section 7213(a) is ‘‘(1) IN GENERAL.—The Secretary’’. tion numbers of organizations that have ap- amended by inserting ‘‘or under section (d) EFFECTIVE DATE.—The amendments plied for recognition as organizations de- 6104(c)’’ after ‘‘6103’’. made by this section shall apply to requests scribed in section 501(c)(3). (5) Paragraph (2) of section 7213A(a) is and consents made after 3 months after the ‘‘(B) ADDITIONAL DISCLOSURES.—Returns amended by inserting ‘‘or 6104(c)’’ after date of the enactment of this Act. and return information of organizations with ‘‘6103’’. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1125 (6) Paragraph (2) of section 7431(a) is (4) changes (if any) which will be imple- SEC. 510. FINANCIAL MANAGEMENT SERVICE amended by inserting ‘‘(including any disclo- mented as a result of such analysis and other FEES. sure in violation of section 6104(c))’’ after changes (if any) recommended by the Treas- Notwithstanding any other provision of ‘‘6103’’. ury Inspector General for Tax Administra- law, the Financial Management Service may (b) EFFECTIVE DATE.—The amendments tion as a result of such analysis. charge the Internal Revenue Service, and the Internal Revenue Service may pay the Fi- made by this section shall take effect on the SEC. 505. ANNUAL REPORT ON ABATEMENT OF date of the enactment of this Act but shall PENALTIES. nancial Management Service, a fee sufficient not apply to requests made before such date. Not later than 6 months after the close of to cover the full cost of implementing a continuous levy program under subsection (h) of TITLE V—MISCELLANEOUS each Federal fiscal year after fiscal year 2001, the Treasury Inspector General for Tax section 6331 of the Internal Revenue Code of SEC. 501. CLARIFICATION OF DEFINITION OF 1986. Any such fee shall be based on actual CHURCH TAX INQUIRY. Administration shall submit a report to Con- gress on abatements of penalties under the levies made and shall be collected by the Fi- Subsection (i) of section 7611 (relating to nancial Management Service by the reten- Internal Revenue Code of 1986 during such section not to apply to criminal investigation of a portion of amounts collected by year, including information on the reasons tions, etc.) is amended by striking ‘‘or’’ at levy pursuant to that subsection. Amounts and criteria for such abatements. the end of paragraph (4), by striking the pe- received by the Financial Management Serv- riod at the end of paragraph (5) and inserting SEC. 506. BETTER MEANS OF COMMUNICATING ice as fees under that subsection shall be de- ‘‘, or’’, and by inserting after paragraph (5) WITH TAXPAYERS. posited into the account of the Department the following: Not later than 18 months after the date of of the Treasury under section 3711(g)(7) of ‘‘(6) information provided by the Secretary the enactment of this Act, the Treasury In- title 31, United States Code, and shall be col- related to the standards for exemption from spector General for Tax Administration shall lected and accounted for in accordance with tax under this title and the requirements submit a report to Congress evaluating the provisions of that section. The amount under this title relating to unrelated busi- whether technological advances, such as e- credited against the taxpayer’s liability on ness taxable income.’’. mail and facsimile transmission, permit the account of the continuous levy shall be the SEC. 502. EXPANSION OF DECLARATORY JUDG- use of alternative means for the Internal amount levied, without reduction for the MENT REMEDY TO TAX-EXEMPT OR- Revenue Service to communicate with tax- amount paid to the Financial Management GANIZATIONS. payers. Service as a fee. (a) IN GENERAL.—Paragraph (1) of section SEC. 507. EXPLANATION OF STATUTE OF LIMITA- SEC. 511. CAPITAL GAIN TREATMENT UNDER SEC- 7428(a) (relating to creation of remedy) is TIONS AND CONSEQUENCES OF TION 631(b) TO APPLY TO OUTRIGHT amended— FAILURE TO FILE. SALES BY LAND OWNER. (1) in subparagraph (B) by inserting after The Secretary of the Treasury or the Sec- (a) IN GENERAL.—The first sentence of sec- ‘‘509(a))’’ the following: ‘‘or as a private oper- retary’s delegate shall, as soon as prac- tion 631(b) of the Internal Revenue Code of ating foundation (as defined in section ticable but not later than 180 days after the 1986 (relating to disposal of timber with a re- 4942(j)(3))’’; and date of the enactment of this Act, revise the tained economic interest) is amended by (2) by amending subparagraph (C) to read statement required by section 6227 of the striking ‘‘retains an economic interest in as follows: Omnibus Taxpayer Bill of Rights (Internal such timber’’ and inserting ‘‘either retains ‘‘(C) with respect to the initial qualifica- Revenue Service Publication No. 1), and any an economic interest in such timber or tion or continuing qualification of an organi- instructions booklet accompanying a general makes an outright sale of such timber’’. zation as an organization described in sec- income tax return form for taxable years be- (b) CONFORMING AMENDMENT.—The third tion 501(c) (other than paragraph (3)) which ginning after 2001 (including forms 1040, sentence of section 631(b) of such Code is is exempt from tax under section 501(a), or’’. 1040A, 1040EZ, and any similar or successor amended by striking ‘‘The date of disposal’’ (b) COURT JURISDICTION.—Subsection (a) of forms relating thereto), to provide for an ex- and inserting ‘‘In the case of disposal of tim- section 7428 is amended in the material fol- planation of— ber with a retained economic interest, the lowing paragraph (2) by striking ‘‘United (1) the limitations imposed by section 6511 date of disposal’’. States Tax Court, the United States Claims of the Internal Revenue Code of 1986 on cred- (c) EFFECTIVE DATE.—The amendments Court, or the district court of the United its and refunds; and made by this section shall apply to sales States for the District of Columbia’’ and in- (2) the consequences under such section after the date of the enactment of this Act. serting the following: ‘‘United States Tax 6511 of the failure to file a return of tax. TITLE VI—LOW-INCOME TAXPAYER Court (in the case of any such determination SEC. 508. AMENDMENT TO TREASURY AUCTION CLINICS or failure) or the United States Claims Court REFORMS. SEC. 601. LOW-INCOME TAXPAYER CLINICS. or the district court of the United States for (a) IN GENERAL.—Clause (i) of section (a) LIMITATION ON AMOUNT OF GRANTS.— the District of Columbia (in the case of a de- 202(c)(4)(B) of the Government Securities Act Paragraph (1) of section 7526(c) (relating to termination or failure with respect to an Amendments of 1993 (31 U.S.C. 3121 note) is special rules and limitations) is amended by issue referred to in subparagraph (A) or (B) amended by inserting before the semicolon striking ‘‘$6,000,000 per year’’ and inserting of paragraph (1)),’’. ‘‘(or, if earlier, at the time the Secretary re- ‘‘$9,000,000 for 2002, $12,000,000 for 2003, and (c) EFFECTIVE DATE.—The amendments leases the minutes of the meeting in accord- $15,000,000 for each year thereafter’’. made by this section shall apply to pleadings ance with paragraph (2))’’. (b) LIMITATION ON USE OF CLINICS FOR TAX filed with respect to determinations (or re- (b) EFFECTIVE DATE.—The amendment RETURN PREPARATION.—Subparagraph (A) of quests for determinations) made after the made by subsection (a) shall apply to meet- section 7526(b)(1) is amended by adding at the date of the enactment of this Act. ings held after the date of the enactment of end the following flush language: SEC. 503. EMPLOYEE MISCONDUCT REPORT TO this Act. ‘‘The term does not include a clinic that pro- INCLUDE SUMMARY OF COMPLAINTS SEC. 509. ENROLLED AGENTS. vides routine tax return preparation. The BY CATEGORY. (a) IN GENERAL.—Chapter 77 (relating to preceding sentence shall not apply to return (a) IN GENERAL.—Clause (ii) of section miscellaneous provisions) is amended by add- preparation in connection with a con- 7803(d)(2)(A) is amended by inserting before ing at the end the following new section: troversy with the Internal Revenue Serv- the semicolon at the end the following: ‘‘, in- ‘‘SEC. 7527. ENROLLED AGENTS. ice.’’. cluding a summary (by category) of the 10 (c) PROMOTION OF CLINICS.—Section 7526(c) ‘‘(a) IN GENERAL.—The Secretary may pre- most common complaints made and the is amended by adding at the end the fol- scribe such regulations as may be necessary number of such common complaints’’. lowing new paragraph: to regulate the conduct of enrolled agents in (b) EFFECTIVE DATE.—The amendment ‘‘(7) PROMOTION OF CLINICS.—The Secretary regards to their practice before the Internal made by subsection (a) shall apply with re- is authorized to promote the benefits of and Revenue Service. spect to reporting periods ending after the encourage the use of low-income taxpayer ‘‘(b) USE OF CREDENTIALS.—Any enrolled date of the enactment of this Act. clinics through the use of mass communica- agents properly licensed to practice as re- tions, referrals, and other means.’’. SEC. 504. ANNUAL REPORT ON AWARDS OF COSTS quired under rules promulgated under sec- AND CERTAIN FEES IN ADMINISTRA- tion (a) herein shall be allowed to use the TITLE VII—REVISIONS TO SECTION 527 TIVE AND COURT PROCEEDINGS. credentials or designation as ‘enrolled ORGANIZATION DISCLOSURE PROVISIONS Not later than 3 months after the close of agent’, ‘EA’, or ‘E.A.’.’’. SEC. 701. MODIFICATIONS OF REPORTING RE- each Federal fiscal year after fiscal year (b) CLERICAL AMENDMENT.—The table of QUIREMENTS FOR CERTAIN STATE 2001, the Treasury Inspector General for Tax sections for chapter 77 is amended by adding AND LOCAL POLITICAL ORGANIZA- Administration shall submit a report to Con- TIONS. at the end the following new item: gress which specifies for such year— (a) NOTIFICATION.— (1) the number of payments made by the ‘‘Sec. 7525. Enrolled agents.’’. (1) Paragraph (5) of section 527(i) (relating United States pursuant to section 7430 of the (c) PRIOR REGULATIONS.—Nothing in the to organizations must notify Secretary that Internal Revenue Code of 1986 (relating to amendments made by this section shall be they are section 527 organizations) is amend- awarding of costs and certain fees); construed to have any effect on part 10 of ed by striking ‘‘or’’ at the end of subpara- (2) the amount of each such payment; title 31, Code of Federal Regulations, or any graph (A), by striking the period at the end (3) an analysis of any administrative issue other Federal rule or regulation issued be- of subparagraph (B) and inserting ‘‘, or’’, and giving rise to such payments; and fore the date of the enactment of this Act. by adding at the end the following: H1126 CONGRESSIONAL RECORD — HOUSE April 9, 2002

‘‘(C) which is— ‘‘(1) IN GENERAL.—Every political organiza- SEC. 703. TECHNICAL CORRECTIONS TO SECTION ‘‘(i) a political committee of a State or tion (within the meaning of section 527(e)(1)), 527 ORGANIZATION DISCLOSURE local candidate, or and every fund treated under section 527(g) PROVISIONS. ‘‘(ii) a local committee of an entity which as if it constituted a political organization, (a) UNSEGREGATED FUNDS NOT TO AVOID is a political party under State law.’’. which has gross receipts of $25,000 or more TAX.—Paragraph (4) of section 527(i) (relat- (2) Subparagraph (B) of section 527(j)(5) (re- for the taxable year shall file a return— ing to failure to notify) is amended by add- lating to coordination with other require- ‘‘(A) containing the information required, ing at the end the following new sentence: ments) is amended to read as follows: and complying with the other requirements, ‘‘For purposes of the preceding sentence, the ‘‘(B) to any organization which is— under subsection (a)(1) for organizations ex- term ‘exempt function income’ means any ‘‘(i) a political committee of a State or empt from taxation under section 501(a), and amount described in a subparagraph of sub- local candidate, or ‘‘(B) containing such other information as section (c)(3), whether or not segregated for ‘‘(ii) a State or local committee of an enti- the Secretary deems necessary to carry out use for an exempt function.’’. ty which is a political party under State the provisions of this subsection. (b) PROCEDURES FOR ASSESSMENT AND COL- LECTION OF PENALTY.—Paragraph (1) of sec- law,’’. ‘‘(2) EXCEPTIONS FROM FILING.— tion 527(j) (relating to required disclosure of (b) EXEMPTION FOR CERTAIN STATE AND ‘‘(A) MANDATORY EXCEPTIONS.—Paragraph LOCAL POLITICAL COMMITTEES FROM REPORT- (1) shall not apply to an organization— expenditures and contributions) is amended ING REQUIREMENTS.— ‘‘(i) which is an exempt State or local po- by adding at the end the following new sen- (1) IN GENERAL.—Paragraph (5) of section litical organization (as defined in section tence: ‘‘For purposes of subtitle F, the pen- 527(j) (relating to required disclosures of ex- 527(e)(5)), alty imposed by this paragraph shall be as- penditures and contributions) is amended by ‘‘(ii) which is a State or local committee of sessed and collected in the same manner as redesignating subparagraphs (C), (D), and (E) a political party, or political committee of a penalties imposed by section 6652(c).’’. (c) APPLICATION OF FRAUD PENALTY.—Sec- as subparagraphs (D), (E), and (F), respec- State or local candidate, as defined by State tion 7207 (relating to fraudulent returns, tively, and by inserting after subparagraph law, statements, and other documents) is amend- (B) the following new subparagraph: ‘‘(iii) which is a caucus or association of ed by striking ‘‘pursuant to subsection (b) of ‘‘(C) to any organization which is an ex- State or local elected officials, section 6047 or pursuant to subsection (d) of empt State or local political organization,’’. ‘‘(iv) which is a national association of (2) EXEMPT STATE OR LOCAL POLITICAL OR- section 6104’’ and inserting ‘‘pursuant to sec- State or local officials, GANIZATION.—Subsection (e) of section 527 tion 6047(b), section 6104(d), or subsection (i) ‘‘(v) which is an authorized committee (as (relating to other definitions) is amended by or (j) of section 527’’. defined in section 301(6) of the Federal Elec- adding at the end the following new para- (d) DUPLICATE ELECTRONIC AND WRITTEN tion Campaign Act of 1971) of a candidate for graph: FILINGS NOT REQUIRED.—Subparagraph (A) of Federal office, ‘‘(5) EXEMPT STATE OR LOCAL POLITICAL OR- section 527(i)(1) is amended by striking ‘‘, ‘‘(vi) which is a national committee (as de- GANIZATION.— electronically and in writing,’’. fined in section 301(14) of the Federal Elec- ‘‘(A) IN GENERAL.—The term ‘exempt State (e) EFFECTIVE DATES.— tion Campaign Act of 1971) of a political or local political organization’ means a po- (1) SUBSECTIONS (a) AND (b).—The amend- party, or litical organization— ments made by subsections (a) and (b) shall ‘‘(vii) to which section 527 applies for the ‘‘(i) which does not engage in any exempt apply to failures occurring on or after the taxable year solely by reason of subsection function other than to influence or to at- date of the enactment of this Act. (f)(1) of such section. tempt to influence the selection, nomina- (2) SUBSECTIONS (c) AND (d).—The amend- ‘‘(B) DISCRETIONARY EXCEPTION.—The Sec- tion, election, or appointment of any indi- ments made by subsections (c) and (d) shall retary may relieve any organization required vidual to any State or local public office or take effect as if included in the amendments under paragraph (1) to file an information re- office in a State or local political organiza- made by Public Law 106–230. turn from filing such a return where he de- tion, termines that such filing is not necessary to The SPEAKER pro tempore (Mrs. ‘‘(ii) which is subject to State or local re- the efficient administration of the internal BIGGERT). Pursuant to the rule, the quirements to submit reports containing revenue laws.’’. gentleman from California (Mr. THOM- information— AS) and the gentleman from New York ‘‘(I) regarding individual expenditures from (d) WAIVER OF PENALTIES.—Section 527 is and contributions to such organization, and amended by adding at the end the following: (Mr. RANGEL) each will control 20 min- ‘‘(II) regarding the person who makes such ‘‘(k) AUTHORITY TO WAIVE.—The Secretary utes. contributions or receives such expenditures, may waive all or any portion of the— The Chair recognizes the gentleman which is substantially similar to the infor- ‘‘(1) tax assessed on an organization by rea- from California (Mr. THOMAS). mation which would otherwise be required to son of the failure of the organization to give Mr. THOMAS. Madam Speaker, I be reported under this section, and notice under subsection (i), or yield myself such time as I may con- ‘‘(iii) with respect to which the reports re- ‘‘(2) penalty imposed under subsection (j) sume. ferred to in clause (ii) are made public by the for a failure to file a report, Madam Speaker, the Taxpayer Pro- agency with which such reports are filed and on a showing that such failure was due to tection and IRS Accountability Act of are publicly available for inspection in a reasonable cause and not due to willful ne- manner similar to that required by section 2002 might be called modest, but if one glect.’’. 6104(d)(1). looks at the particular provisions, I ‘‘(B) PARTICIPATION OF FEDERAL CANDIDATE (e) EFFECTIVE DATE.—The amendments think for those individuals engaged OR OFFICE HOLDER.—The term ‘exempt State made by this section shall take effect as if with the Internal Revenue Service, I or local political organization’ shall not in- included in the amendments made by Public think they might find them relatively clude any organization otherwise described Law 106–230. important. in subparagraph (A) if a candidate for nomi- SEC. 702. NOTIFICATION OF INTERACTION OF RE- The Chair would like to thank the nation or election to Federal elective office PORTING REQUIREMENTS. gentleman from New York (Mr. HOUGH- or an individual who holds such office— (a) IN GENERAL.—The Secretary of the TON), the chairman of the Sub- ‘‘(i) controls or materially participates in Treasury, in consultation with the Federal the direction of the organization, or committee on Oversight, and especially Election Commission, shall publicize infor- ‘‘(ii) directs, in whole or in part, expendi- the gentleman from Ohio (Mr. mation on— tures or fundraising activities of the organi- PORTMAN) and the gentleman from (1) the effect of the amendments made by zation.’’. Maryland (Mr. CARDIN) in their ongoing this Act, and (c) ANNUAL RETURN REQUIREMENTS.— (2) the interaction of requirements to file a work in providing the committee with (1) INCOME TAX RETURNS REQUIRED ONLY notification or report under section 527 of excellent legislation. WHERE POLITICAL ORGANIZATION TAXABLE IN- the Internal Revenue Code of 1986 and re- As I said in announcing the call-up COME.—Paragraph (6) of section 6012(a) (re- for the vote, that this bill was amend- lating to general rule of persons required to ports under the Federal Election Campaign make returns of income) is amended by Act of 1971. ed. It was amended in committee. Two striking ‘‘or which has gross receipts of (b) INFORMATION.—Information provided amendments were taken, one by the $25,000 or more for the taxable year (other under subsection (a) shall be included in any gentleman from New York (Mr. RAN- than an organization to which section 527 ap- appropriate form, instruction, notice, or GEL), which would allow IRS informa- plies solely by reason of subsection (f)(1) of other guidance issued to the public by the tion to be provided to State Attorneys such section)’’. Secretary of the Treasury or the Federal General. I think it is significant that it (2) INFORMATION RETURNS.—Subsection (g) Election Commission regarding reporting re- was offered by the gentleman from New quirements of political organizations (as de- of section 6033 (relating to returns required York. The information is an examina- by political organizations) is amended to fined in section 527 of the Internal Revenue read as follows: Code of 1986) or reporting requirements tion of 501(c)(3) groups and whether ‘‘(g) RETURNS REQUIRED BY POLITICAL OR- under the Federal Election Campaign Act of they would refuse, or whether there GANIZATIONS.— 1971. was a revocation or whether there was April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1127 a tax deficiency reported at the Fed- mistake or some area that we did not it just because people think that they eral level, that information to be remove the fault, that we would take can get away with anything in this shared at the State level. the opportunity under the Taxpayer House. Some Republicans did not stand As my colleagues might imagine, Protection and IRS Accountability for it in the committee, and I think how unseemly as it might be, there are Act, may not be the right vehicle, but many more Members are not going to individuals and groups who tried to certainly that we would improve on stand for this if my colleagues allow a take advantage of the disaster because what the House and Senate has done. vote on it at least tomorrow. of the events of September 11. There Instead of that, this bill has a provi- Madam Speaker, I reserve the bal- are individuals or groups who seek to sion in it, a fatally flawed provision, ance of my time. take advantage of the charitable na- that opens up gaping loopholes in our Mr. THOMAS. Madam Speaker, I ture of Americans and New Yorkers as campaign finance disclosure laws, so yield myself such time as I might con- well. What this amendment does is big that every reform group in the Na- sume. allow the sharing of Federal information that campaigned for campaign fi- I am kind of interested in the words tion to assist in the State’s admin- nance reform are now prepared to say that the gentleman from New York istering their laws governing a chari- that this is no way for us to conduct used, ‘‘filled with loopholes,’’ ‘‘fatally table organization as well. Quite an ap- business. flawed,’’ ‘‘poison pill.’’ I find it ironic propriate amendment, and it was ac- We do not take a good piece of legis- that two-thirds of the Democrats on cepted on a voice vote. lation like the Taxpayer Protection the committee voted for it. It is true The gentleman from Ohio, I think, and IRS Accountability Act and then all of the Republicans voted for it, and speaking as well for the gentleman put a sleeper poison pill in it to kill all if my colleagues spent the time to real- from Maryland, offered some specific of the good work that Members on both ly look at what the provision the gen- amendments dealing with the way in sides of the aisle, led by the gentleman tleman was referring to in correcting which the IRS commissioner would from Connecticut (Mr. SHAYS) and the current law does, the sum and sub- treat IRS employees who were engaged gentleman from Massachusetts (Mr. stance is to basically say if someone is in what have become now known as the MEEHAN) and Senator MCCAIN, the per- reporting to an agency that requires a ‘‘10 deadly sins,’’ based upon recent leg- son from the other body, we just do not person under the State and local laws islation in which if an employee of the do it. It is not fair, it is not equitable, of the State to report, they also do not IRS examines forms unauthorized, a it is not moral. It just may be legal. have to duplicate that reporting at the number of them are grounds for imme- Then on top of that, to compound the Federal level if they are not involved diate dismissal. As my colleagues moral failing of the way this legisla- in Federal activities. That is the sum might guess, that kind of an adminis- tion comes to the floor, it is presented and substance of what it is that the trative tool perhaps is too extreme in as though it is noncontroversial, or gentleman from Texas (Mr. BRADY) of- some instances, and based upon the ar- certainly that is the reason why it goes fered and was included in the bill. gument of the two gentlemen, it on the suspension calendar; no amend- I find it interesting that there was a seemed persuasive to provide a degree ments, no opportunity for people who press conference today by the very of discretion to the commissioner in disagree with parts of the bill to vote same gentleman that my friend and pursuing either disciplinary action or on an amendment. One does not have colleague from New York mentioned, dismissal. to be a campaign manager to know Senator MCCAIN and Senator In addition to that, there are some that it was a party vote in the com- LIEBERMAN, and, of course, the bulk of other specific provisions that would mittee. That sounds pretty controver- that press conference was complaining greatly assist individuals who are sial to me. Why not have it to be at about the current law, that they do not interacting with the IRS, and I will go least a vote on the floor where people like the current 527, the one that they into those in some detail later. can at least express themselves? put into effect. It is not enough. Madam Speaker, I reserve the bal- So it is not bad enough that my col- The answer is they will never be sat- ance of my time. leagues bring it out on the Suspension isfied. And what we have to do is look Mr. RANGEL. Madam Speaker, I Calendar, and I might add far too many at what is reasonable and prudent, and yield myself such time as I may con- tax bills are coming out on the Suspen- numbers of groups have said that the sume. sion Calendar, but my colleagues are double reporting when we are not in- I want to support what the chairman not asking that we vote on it this volved at the Federal level is a signifi- of the committee has said and the co- evening. A lot of people may wonder cant burden. One would say, how bur- operative spirit that existed on the why is it that we would bring a bill out densome is it? The IRS form that they Ways and Means Committee under the that is so popular that we put it on the are required to fill out says, as part of leadership of the gentleman from New Suspension Calendar and not request a the truth in packaging and paperwork York (Mr. HOUGHTON) in working with vote this evening? law, how many hours it requires to the gentleman from Pennsylvania (Mr. The reason for it is that they do not deal with the form. The number on COYNE) and the gentleman from Texas even want Members to stick around that form is 94 hours; 94 hours of filling (Mr. DOGGETT) as well as the gen- here to find out what the debate is on out a form in which someone was not tleman from Maryland (Mr. CARDIN) in the bill. There are no votes, so Mem- involved in any way in a Federal elec- correcting the duplicity that existed in bers can now leave the floor, leave the tion because of the way in which the terms of organizations reporting polit- Hill, and take care of other business; legislation was written. ical contributions. because this issue, according to the What this bill does is correct that to We had worked so well together on leadership, is not important enough for say that there are no loopholes, that this, it was almost frightening, because them to stay around and vote on it. Oh, people who are required to report in it was done in an atmosphere that we stay around and talk about it, if one the previous law are required to report do not normally enjoy on the Ways and will. It is just so unfair when people today. The so-called stealth or phan- Means Committee. So it should not have worked so hard to try to sneak tom PACs are required to report as have come as any shock to me when this in in the middle of the night, with current law requires. What we do is re- the bill that was overwhelmingly ac- no one on the floor, and do not even move the duplication. cepted by all members of the com- say vote for it until tomorrow. Madam Speaker, I reserve the bal- mittee, that the Chairman would put Then we come in tomorrow and there ance of my time. in a poison pill at the very last minute will be a vote, without any debate, Mr. RANGEL. Madam Speaker, I that caused the committee to be di- without any discussions. Because of yield 3 minutes to the gentlewoman vided on a party line vote. what? Because the rules prohibit it. from Florida (Mrs. THURMAN), an out- It just seems to me that at the How well packaged. standing member of our committee. height, when the whole Nation is I think we will defeat this, not be- Mrs. THURMAN. Madam Speaker, I lauding the House and the Senate and cause we do not appreciate the work would say to our chairman that I think the President for campaign finance re- that has been done by the Members on one of the issues here is that we are form, that if we find some flaw or some the base bill, but we are going to defeat really trying to get an opportunity to H1128 CONGRESSIONAL RECORD — HOUSE April 9, 2002 debate this issue, and not under the not limited by the number of bills that we are already debating a proposal to consent calendar, and to move it along we can report out. This bill was based add back the loopholes. The Taxpayer in a different manner. upon previous hearings. I am going to Bill of Rights bill is a good bill, but it I would also bring in today that we call shortly the chairman of the Sub- includes several provisions that will had a hearing in the Subcommittee on committee on Oversight, who the gen- torpedo key disclosure requirements Oversight that I know the gentleman tlewoman discussed today; and it will for so-called stealth PACs. These dis- from New York (Mr. HOUGHTON) and very likely lead to additional legisla- closure requirements were put in place others have worked very hard on, and I tion, and we will move additional bills. by a law that this Congress passed 2 want to remind the body that this bill The idea that we would hold hearings years ago to shine sunlight on organi- is actually called the Taxpayer Protec- all year long and never move a bill, and zations influencing Federal elections tion and IRS Accountability Act, then try to pull it together at the end without disclosing a dime of their ex- which I think is important for us to un- is a novel idea. We might want to con- penditures or contributions. derstand. I was concerned when I went sider it, but it certainly runs against This bill would exempt State and to this hearing today because there the tradition of this House. local PACs from Federal disclosure re- have been some articles over the last Madam Speaker, I yield 2 minutes to quirements even where there is not couple of days that talk about Affluent the gentleman from New York (Mr. adequate disclosure at the State level. Avoid Scrutiny on Taxes Even as IRS HOUGHTON), the chairman of the Sub- What does that mean? How do we know Warns of Cheating. In my own news- committee on Oversight. that States are going to require disclo- paper at home, Poorly Aimed Audits: Mr. HOUGHTON. Madam Speaker, I sure of every single contribution. We The IRS is giving more scrutiny to the am delighted to be able to talk about cannot have guarantees; that is why we returns of the working poor than to this bill very briefly. needed a stealth PAC legislation. those of wealthy people who have I know there is a contentious issue There are so-called sham issue ads formed partnerships or special corpora- on 527. I do not think that it is a seri- that disguise themselves as real issue tions. It is just not fair and it makes ous one. Members can have their own ads. They influence Federal elections. little sense. opinions, but I think there are enough This bill is a loophole, the beginning of I think the point that the gentleman safeguards to make it accountable. I what many of us are afraid will be a se- from New York (Mr. RANGEL) is mak- want to talk about some of the other ries of loopholes designed to undermine ing is that we are not going to have an- important features. campaign finance reform that this Con- other Taxpayers Protection Act come The bill allows the IRS to waive un- gress passed and the President of the out of this House. We are not going to fair penalties. The bill allows tax- United States signed. have the opportunity to debate this payers more time to contest levies. The This bill would permit State and again. But we do have the opportunity bill allows the IRS to forgive interest local PACs for which Federal office to do it now, and if we went through when a taxpayer receives an erroneous holders raise soft money, Federal office the process of going to the Committee refund. The bill also makes several re- holders raising soft money to qualify on Rules, looking at some of these forms on the 10 deadly sins. There is for this exemption from Federal filing issues that the commissioner and other even an 11th deadly sin now. requirements. That is why this provi- folks in this country brought to our at- Madam Speaker, this bill is pro-tax- sion should not be in this bill. tention today, we might have the op- payer and promotes commonsense solu- All Members should be proud of what portunity to actually send a better bill tions to some of the more frustrating we have accomplished on campaign fi- than what potentially would come out issues that we are dealing with. I hope nance reform. It was a historic effort of here today. my colleagues support the bill. by both sides of the aisle to pass mean- I think there is a single issue here Mr. RANGEL. Madam Speaker, I ingful disclosure requirements, to rein that I feel strongly about. We are going yield myself such time as I may con- in sham issue ads, and to bring some to send our tax payments to the IRS on sume. accountability back to our Federal April 15th. Every taxpayer has a right Madam Speaker, I agree with the campaign finance system, or any ads to believe that others are also paying gentleman from New York (Mr. HOUGH- meant to influence a Federal election. their taxes. They need to believe that TON) that it is a good bill, and it is to- We should not be taking steps back- tax cheaters are going to be discovered, tally unfair to have this contentious wards after taking major steps for- they are going to be audited, and they idea included in this bill; and I ask for ward. Let us work together, as our col- are going to be punished and they are its defeat. This provision should not be leagues on the other body have said, going to be treated like everybody else. in the bill. It fatally flaws the good and they have had a dialogue about work that has been done. this in a bipartisan, responsible way to b 1945 Madam Speaker, I yield 3 minutes to fix the 527 law. The gentleman from I think we have some new informa- the gentleman from Massachusetts Texas (Mr. DOGGETT) has been on this tion before this bill went through the (Mr. MEEHAN), one of the outstanding issue for some time. In fact, the gen- committee process. We have a process reformers of campaign finance, who tleman warned many of us 2 years ago set up that we can use in a debating certainly knows good legislation when when we were debating this legislation process, to go to the Committee on he sees it, and the gentleman also that there might be a loophole. Let us Rules, fix some of these issues; and I knows a poison pill when he smells it, do this the right way and not under- think it would be a much better bill and thank the gentleman for all of the mine the wonderful work that this and I think we would find more sup- fine work that he has done in campaign Congress has done on campaign finance port. finance reform. reform. I would say I do not want to tell peo- Mr. MEEHAN. Madam Speaker, I Mr. THOMAS. Madam Speaker, I ple at home that one out of 47 working- agree with the underlying bill as well. yield myself 45 seconds. poor taxpayers will be audited, but I congratulate the bipartisanship of the Madam Speaker, perhaps the gen- only one of 145 of high-income tax- Committee on Ways and Means for tleman does not understand the law. payers and one in 400 partnerships get coming together to put together a good The sham issue ads are not involved the same treatment. We need to do bill; but, unfortunately, there is a pro- with the IRS and the reporting struc- something about that, and we do not vision in this bill that even if Members ture. If a Federal office holder influ- need to wait. We need to include this in disagree with it, should not be part of ences a State and local PAC decision, the bill, and we need to do it in the a suspension. this says they have to report at the right process. Madam Speaker, just 2 weeks ago the Federal level. If there is Federal activ- Mr. THOMAS. Madam Speaker, I President signed into law the most ity, they report at the Federal level. yield myself such time as I may con- comprehensive rewrite of this Nation’s There is no loophole that is created. sume. campaign finance laws in a generation. What it gets rid of is duplication where Madam Speaker, I say to the gentle- It is an enormous step towards cleaner if a State and local PAC, not involved woman that the record shows that the elections and a better democracy. The at the Federal level, that has to report gentlewoman voted for this bill. We are ink on this new law is barely dry, and at the State and local level. And as the April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1129 gentleman indicated, he wants them to they need a little help, and these clin- nance reform bill into law, the Repub- report on the Federal level even though ics have proven to be very successful in lican leadership once again wants to they are not involved in Federal activ- helping taxpayers who do not have the weaken one of its primary provisions. ity. means to be able to deal with the IRS The New York Times calls this bill a At some point we have to ask our- when disputes arise. I commend the travesty, and a travesty it is. Two selves whether continuing to use the chairman for bringing it forward and years ago this House voted, under the phrase ‘‘why put in loopholes, why do a providing funding for it. leadership of our distinguished ranking poison pill,’’ Members ought to look at There are a lot of other important member, the gentleman from New York the specifics of the legislation instead things that this legislation accom- (Mr. RANGEL), and a hard-working of the rhetoric, and ought to respond to plishes. We have heard from the other member of the committee whose lead- what is on the page instead of chasing side of the aisle about the section 527 ership was essential to this, the gen- bogeymen. provisions. As I see it, these are also tleman from Texas (Mr. DOGGETT), to Madam Speaker, I yield 3 minutes to sensible changes. The changes in sec- require that political organizations the gentleman from Ohio (Mr. tion 527 are in keeping with what our which are exempt from taxation under PORTMAN), a valued member of the original intent was in Congress in pass- section 527 of the IRS Code to disclose Committee on Ways and Means in helping 527 reforms. This relates strictly to their contributions and expenditures. ing us write reasonable and responsive those organizations and entities that One would think this would have been legislation, and not press releases. only deal with State and local issues. made to order for the Republicans who Mr. PORTMAN. Madam Speaker, I All it says is that we should not have have argued over time that we did not rise this evening in strong support of burdensome and duplicative filing re- need campaign finance reform, all we this legislation. It is good common- quirements at the Federal level where needed was disclosure. And now this sense legislation that will help protect there is a State filing. This State filing bill foils attempts at disclosure. taxpayers. This is a busy week for a lot has to be substantially similar, and b 2000 of Americans. Millions of us are filing any time there is any Federal involve- our tax returns, trying to get them in ment in any way, taxpayers have to This when it was passed was a major by April 15. This is time for us to profile at the Federal level. campaign finance reform initiative vide a little bit of help. Madam Speaker, I do not see the adopted after abuses by the stealth In 1998, this Congress passed historic loophole here. I think the legislation PACs which ran attack ads under the legislation to restructure and reform we have on the bill this evening is tax-exempt section of the code without the IRS and included over 50 new tax- going to help taxpayers. It makes meaningful disclosure. payer rights and substantial reforms to sense. It is the kind of stuff we ought This proposal tonight would allow in- the way the IRS operates. This legisla- to be doing as we approach April 15 to dividuals to hide behind groups to in- tion tonight, I think, builds on those help Americans with their dealings fluence the political system without efforts; and I commend the chairman with the IRS. disclosing who they are or where they and the gentleman from New York (Mr. Mr. RANGEL. Madam Speaker, I got their money. The notion that this HOUGHTON) for bringing it forward. yield myself such time as I may con- is simply an attempt to get rid of du- Madam Speaker, tax records do consume. plicative reporting requirements was tain sensitive and personal informa- Madam Speaker, we are not going to shown to be a farce when the Repub- tion; and no one, not even the employ- hear too much debate because the licans would not allow a proposed ees of the IRS, should be allowed to see method selected by the leadership to Democratic amendment that would them without a legitimate reason. This bring this bill to the floor actually re- have eliminated duplication but still legislation makes it very clear that stricts debate. I know that the chair- ensures that there would be full disclo- there will be stiff penalties for IRS em- man of the Committee on Ways and sure. Instead, this bill opens up new ployees who explore taxpayers’ records Means says that most of us have re- loopholes in the 527 reporting require- without proper authorization. stricted our understanding of the bill ment and creates potential for abuse. It also encourages broader use of to tax press releases and do not have a It is clearly an attempt by opponents electronic filing. This is extremely im- clear understanding of the legislation. of campaign finance reform to begin to portant. The IRS is able to process tax I have to admit that the chairman is erode the excellent provisions of the returns in a much more timely fashion one of the brightest people that we Shays-Meehan bill. with electronic means. It is also less have in the House, if not in the Con- I urge my colleagues to reject this expensive for the IRS; and, therefore, gress; but the gentleman does not have travesty and seriously object to the the taxpayers save money. And elec- a reputation of supporting campaign fi- manner in which this bill was rail- tronic returns have been shown to be nance reform; and the Members who roaded to the floor. This body spent a more accurate. There are fewer IRS er- think they understand it, like the gen- good deal of time focusing on campaign rors, and this is great news for tax- tleman from Massachusetts (Mr. MEE- finance reform. We had to take ex- payers. We want to encourage it, and HAN) and the gentleman from Con- traordinary measures to get the bill so will extend the filing deadline until necticut (Mr. SHAYS), and like the edi- heard on the floor of this Congress with April 30 for those willing to file elec- torial writers of all of our major news- a discharge petition. The bill has tronically. papers that fought hard for campaign passed both Houses, it has been signed The legislation we are debating today finance reform, while not nearly as by the President of the United States, also adds some commonsense reform to bright as the chairman, believe it is a and it is being undermined by the pro- IRS penalties. The gentleman from flaw and believe it is a loophole. So posal that the Republicans are putting New York (Mr. HOUGHTON) talked about even a little compassion, even if we do on the floor today. these earlier. Many individuals and not have debate, can go a long way. I urge our colleagues to vote ‘‘no.’’ companies make innocent mistakes on Madam Speaker, I yield 3 minutes to Mr. THOMAS. Madam Speaker, it is their tax returns and are then hit with the gentlewoman from California (Ms. my pleasure to yield 11⁄2 minutes to the outrageous fines and penalties. This PELOSI), the minority whip. gentleman from Arizona (Mr. bill allows the IRS to waive unfair pen- Ms. PELOSI. Madam Speaker, I HAYWORTH), a member of the com- alties for taxpayers with good records thank the gentleman for yielding me mittee. who have made honest mistakes. this time, and I associate myself with Mr. HAYWORTH. Madam Speaker, I The bill is good news for low-income his very eloquent remarks about the listened with great interest to my taxpayers. It substantially increases stealth nature in which this bill is friend, the distinguished minority whip the funding available for low-income being brought to the floor of the House. from the State of California, and lis- taxpayer clinics. This is something Stealth is a good word for it. It is tened to her say vote ‘‘no’’ on this. Un- that we put in place with the restruc- about abuses of stealth PACs, which derstand that a ‘‘no’’ vote means a lack turing reform act, the thought being this bill would reinstitute. of real reform where it counts: to allow that when low-income individuals are Less than 2 weeks after President people to pay penalties to the IRS in a involved with disputes with the IRS, Bush signed a historic campaign fi- reasonable and rational way; to allow H1130 CONGRESSIONAL RECORD — HOUSE April 9, 2002 those who have inadvertently made a the IRS to waive penalties for uninten- time. One of the problems when a bill mistake to be recused from the wrath tional violations. The opponents of this has a name after you, it personalizes of a government charging them inordi- legislation feel that is still okay. But the debate and it disguises really what nately for a mistake they made in good here are the facts. If you are run by a is at issue. I think that the one thing faith. Member of Congress or you play a role that unites opponents and proponents And speaking of good faith, does it in Federal campaigns, you still have to of campaign finance reform is disclo- not make sense to have those who are file with the IRS. If you are solely a sure. We all said we were for it. There involved in the political process report State or local organization and only is duplicative filing that needs to be via the 527 situation there? Indeed, we get involved in State or local issues, addressed. But I really believe that the see we have form 990 here. We already you file as you currently do with the 527 provision that is put in this bill, know that Members of Congress file a State board of elections or the local substantially similar, defined by the return form 1120POL which is required county clerk. Why should someone who States, is a loophole. It is not the cam- to be made public. only has activity in Illinois file with el’s head under the tent, something And what is interesting, do you want the IRS in Washington? Why should that can be a bigger problem in the fu- to have bipartisanship? Even the gen- they not be allowed to do what they ture. It will be a problem immediately. eral counsel of the Democratic Na- have already done and file with the The one thing we know with our tional Committee admits these addi- folks in Springfield? campaign finance reform bill is 527s are tional forms are unnecessary. Joe Mr. THOMAS. Madam Speaker, it is going to proliferate. We know that. Sandler was recently quoted as saying, my pleasure to yield 2 minutes to the Special interests will have a greater ‘‘It just doesn’t make sense to require gentleman from Texas (Mr. BRADY). say. We know that. That is what people campaigns and parties to file the forms Mr. BRADY of Texas. Madam Speak- on both sides of the aisle argued for: as these organizations already provide er, one of the tenets in Washington is if Let the Americans have their say. But detailed disclosure of their finances.’’ your argument does not have sub- if you do not disclose it, you have got Full disclosure? Absolutely. Redun- stance, describe it as a loophole. The a gigantic problem. And if you allow dant disclosure targeting those who are fact of the matter is Congress hates to the States to define ‘‘substantially not even involved in the political proc- admit its mistakes, and this debate to- similar,’’ you have a loophole. What ess? Of course not. That is what this night is proof. will happen is people will go to the When Congress targeted unreported bill does. That is why we should sup- State that has the biggest loophole to Federal PACs, stealth PACs, 2 years port it, in the spirit of real reform and disguise their expenditures and their ago in the bill that I supported, we un- rational regulation, not bureaucratic contributions. intentionally fired into the crowd, put- overkill and other alternative con- I really regret that this is in a good ting new and burdensome Federal re- sequences. bill. But this provision is deadly, I porting requirements on a lot of people Mr. THOMAS. Madam Speaker, it is think, to disclosure. Therefore, we we should have never done it to, these my pleasure to yield 1–3/4 minutes to have no choice but to oppose the bill people like local legislators, school the gentleman from Illinois (Mr. and hopefully if it is defeated, it will be board candidates, school bond issues, WELLER). brought out without this provision and local sheriffs, who have nothing to do Mr. WELLER. Madam Speaker, I then we can get a provision that will commend the chairman for bringing to with stealth PACs. It turned out to be more like stealth legislation. They had work. the floor a bill which received bipar- The SPEAKER pro tempore (Mrs. no idea they got caught up as innocent tisan support in the Committee on BIGGERT). The gentleman from Cali- victims in this bill and are facing Ways and Means, a bill which was sup- fornia (Mr. THOMAS) has 4 minutes and heavy penalties for unknowingly vio- ported by two-thirds of the members of the gentleman from New York (Mr. lating Federal law. the committee, both Democrat and Re- 1 Without Congress acting responsibly RANGEL) has 2 ⁄2 minutes. publican. It is taxpayer protection, it now to correct our mistake, finding the Mr. RANGEL. I have one speaker is IRS accountability, it is IRS reform. true stealth PACs among the more left. I would note the tax administration Mr. THOMAS. Madam Speaker, it is than 13,000 unnecessary reports is akin reforms that are included in this are my pleasure to yield 2 minutes to the to searching for a needle in a haystack. good. We are all interested in improv- gentleman from Louisiana (Mr. You have to ask yourself, what na- ing electronic filing and our goal is 80 tional policy interest is served by forc- VITTER) who has been focusing on this percent by the year 2007. Today, the ing local candidates to report to Wash- issue since the time that he arrived in IRS Commissioner noted that the re- ington what they spent to buy the Congress. Mr. VITTER. Madam Speaker, I forms regarding electronic filing today highest bidder at the local county fair? stand to strongly support this bill and will help them achieve that goal by al- We are trying to scrutinize stealth lowing an extra 15 days for those who PACs, not stealth FAA supporters. We particularly the 527 provisions. I sup- file electronically. took great care to follow the intent of port it because I am a strong advocate But because so much of the discus- the law and everyone who files today of reform and have a strong reform sion in this room has focused on the 527 will file tomorrow because we have cre- record, both in the Congress and in the provisions, I thought I would focus on ated no loopholes. In fact, we have State legislature. them as well. Two years ago, this strengthened campaign finance reform The gentleman from Connecticut House passed 527 reforms, legislation by putting a spotlight on true stealth (Mr. SHAYS) made some points, but I that was well intentioned. We gave PACs and relieving the mistaken, inno- think the logical extension of all of his some surprises for some folks back cent victims from reporting in the fu- comments is that we should federalize home, our local officials and our State ture. every aspect of disclosure around the legislators, and some local organiza- This bill is a win-win because it re- country and not have any State sys- tions who discovered all of a sudden lieves those non-Federal candidates tems State by State, because a polit- that the heavy hand of the IRS was and it is a bright white light on our ical action committee only qualifies targeted at them. They were told that stealth Federal PACs. They will re- for this exemption if they do not spend even though they are already reporting ceive that greater scrutiny they de- a penny on Federal races. If they have to the county clerk in Grundy County, serve; that is, if Congress is willing to any involvement in any Federal race my home county, and they are already own up to its mistake. whatsoever, then they are still obli- reporting to the Illinois State Board of Mr. RANGEL. Madam Speaker, I gated to file under Federal law. This Elections, that they also have to fill yield 2 minutes to the gentleman from exemption only applies to them if they out a form to the IRS, and if they fail, Connecticut (Mr. SHAYS) who has dis- are active purely on the local and even if they were unaware of this law, played bipartisan leadership on the State level. Furthermore, even if that that they faced IRS penalty. question of campaign finance reform. is the case, if a Federal official is in- I would note that this legislation We all are proud of him as a Member. volved in a meaningful way in their ac- eliminates double reporting by State Mr. SHAYS. Madam Speaker, I thank tivity, then the exemption still does and local organizations and also allows the gentleman for yielding me this not apply for them. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1131 Duplicative filing is not reform. It is because some State and local officials violating the law; not that this is a the enemy of reform. Mounds and do have legitimate concern, and we loophole. The activity that he dis- mounds of useless paper is not produc- ought to eliminate duplicative filing, cussed, which said it was a loophole, is tive for disclosure. It is the enemy of but we ought to do it without creating violating the law. It is violating the disclosure. Therefore, making this cor- new gaps in the reform law that was law under current law, it would vio- rective action is very much consistent just signed by the President. lating the law under this amendment if This morning, at a public citizen in promoting reform. And duplicative it becomes law. filing, burdensome regulations, federal- press conference that highlighted how izing all campaign finance disclosure, really extensive 527s are being used to If you look at the good taxpayer pro- that is not reform, that is moving in abuse and funnel millions into cam- visions in this measure, including re- the wrong direction. That is why I paigns, JOHN MCCAIN, JOE LIEBERMAN, moving duplication, this is a bill worth strongly support this corrective legis- and RUSS FEINGOLD said this proposal voting for, as 34 Members of the Com- lation, the 527 provisions in this bill. will never become law. Let us save mittee on Ways and Means did, and I Mr. RANGEL. Madam Speaker, I them the time, and disapprove it this ask your support. yield the balance of my time to the evening. Madam Speaker, I include for the gentleman from Texas (Mr. DOGGETT), Mr. THOMAS. Madam Speaker, I RECORD correspondence between the this outstanding member of the Com- yield myself such time as I may con- Committee on Ways and Means and the mittee on Ways and Means, to close sume. our debate. Since he led the fight for Madam Speaker, it is really amazing Committee on Government Reform re- reform in the tax committee, I think when you listen to the individuals garding the jurisdictional matters on he can most eloquently explain our po- argue why they do not want this to be- H.R. 3991. sition. come law, the argument that there is CONGRESS OF THE UNITED STATES, The SPEAKER pro tempore. The gen- some duplication and that we ought to HOUSE OF REPRESENTATIVES, COM- MITTEE ON GOVERNMENT REFORM, tleman from Texas (Mr. DOGGETT) is correct it. The gentleman from Texas WASHINGTON, DC, APRIL 9, 2002. 1 who just spoke did not spend too much recognized for 2 ⁄2 minutes. Hon. J. DENNIS HASTERT, Mr. DOGGETT. Madam Speaker, I time talking about his suggested amendment which was defeated in Speaker, House of Representatives, Washington, thank the gentleman for yielding time. DC. This has been a truly historic year committee, because it will give you an for reform, for genuine campaign fi- idea of what they mean by duplicate. DEAR MR. SPEAKER: On March 20, 2002, the nance reform, for cleaning up our polit- His amendment said that any State or Committee on Ways and Means ordered reported H.R. 3991, the ‘‘Taxpayer Protection ical system. It is so troubling that at local government would be exempt and IRS Accountability Act of 2002,’’ as the very moment that the bipartisan from reporting to the Federal level if amended. The bill was subsequently referred Shays-Meehan, McCain-Feingold bill the law they had in place was exactly to the Committee on Government Reform be- was being approved across the Capitol, identical to the Federal law. cause section 301 of the amended bill ad- that here in the House, some of those You heard the gentleman in the well dressed matters that are within the jurisdic- who have been the most effective in deon our side say that the only way you tion of the Committee on Government Re- laying that reform from becoming a re- are ever going to carry these argu- form under House Rule X, clause 1(h)(1). ality were working to undermine it be- ments to their logical conclusion is to After examining the amended bill and con- fore it could even be signed into law make everything Federal, require ev- sulting with the Committee on Ways and with the approval of this legislation. eryone to report to the Federal level. Means, the Committee on Government Re- When we banned soft money in that The gentleman from New York want- form will not take any action on the bill in bipartisan reform, we knew that the ed to know why this was included in a order to expedite its consideration on the soft money would be out searching for bill which was labeled ‘‘Taxpayer Pro- floor. This does not constitute waiver of the a new home. What we did not know was tection and IRS Accountability.’’ I can Committee’s jurisdiction over H.R. 3991. Fur- that the ‘‘for rent’’ sign for that new tell you why: Because the burden thermore, the Committee reserves its au- home would be up before the reform placed on these individuals is to file In- thority to seek conferees on any provisions law was even signed into being. It just ternal Revenue Service papers. They of the bill that fall within the Committee’s goes to show that you can dead-bolt are irrelevant to the activities at the jurisdiction during any House-Senate con- the front door, but reform opponents Federal level that are carried on in the ference that may be convened on this legisla- will always be seeking ways to get the State and local governments. tion. money in the back window. The Texas Funeral Directors Associa- Sincerely, The 527 language in this bill does not tion, no Federal involvement, has to DAN BURTON, require that each and every contribu- file. The New York Physical Therapy Chairman. tion and expenditure be reported any- Association, no Federal involvement, where. That is a loophole. The 527 lan- has to file. The Baltimore Sitting CONGRESS OF THE UNITED STATES, guage in this bill terminates all Fed- Judges Committee, no Federal involve- HOUSE OF REPRESENTATIVES, COM- ment, has to file. Why? Because the MITTEE ON WAYS AND MEANS, eral disclosure, even when Federal can- WASHINGTON, DC, APRIL 9, 2002. law says they have to file, not because didates and officeholders are actively Hon. DAN BURTON, participating in raising funds. That is a they are involved in any way in Fed- Chairman, Committee on Government Reform, loophole. I believe we need bipartisan eral elections. Washington, DC. solutions on this issue, just like every Let me underscore this point, because our opponents do not seem to un- DEAR CHAIRMAN BURTON: Thank you for other one that concerns campaign fi- your letter regarding H.R. 3991, the ‘‘Tax- nance. That is why the Senate agreed derstand this. If you are involved, if payer Protection and IRS Accountability on a bipartisan answer to the duplica- you are dealing directly with Federal Act of 2002.’’ tive filing issue, put it in the Presi- elections, you are going to be required to continue to report at the Federal As you have noted, the Committee on dent’s tax bill, and the conference com- Ways and Means has ordered favorably re- mittee, chaired by the gentleman from level. If you are not, you will report to ported H.R. 3991, the ‘‘Taxpayer Protection California (Mr. THOMAS), removed it those reporting requirements that are and IRS Accountability Act of 2002.’’ I appre- last year from that tax bill. in place in the State and local level. ciate your agreement to expedite the passage That is the sum and substance of this b 2015 of this legislation despite affecting provi- adjustment. sions within the jurisdiction of the Com- That is why the language that I of- But if you really read Senator mittee on Government Reform. I acknowl- fered as an alternative to deal with du- MCCAIN and Senator LIEBERMAN’s edge your decision to forego further action plicative filing in the committee- statements carefully, they do not even on the bill was based on our mutual under- tracked language that Mr. LIEBERMAN like the current law. What they want is standing that it will not prejudice the Com- and my Senator, KAY BAILEY more intrusive specific reporting when mittee on Government Reform with respect HUTCHISON, proposed. They have now you are not involved at the Federal to the appointment of conferees or its juris- proposed some further improvement on level. Disclosure only works if people dictional prerogatives on this or similar leg- that language, and I plan to introduce believe it is appropriate disclosure. islation. the very same language and seek bipar- The gentleman from Connecticut’s Finally, I will include in the Congressional tisan support for it here in the House, example was an example of someone Record a copy of our exchange of letters on H1132 CONGRESSIONAL RECORD — HOUSE April 9, 2002 this matter. Thank you for your assistance with the accompanying papers, without sure feels great to every Minnesota and cooperation. We look forward to working objection, referred to the Committee hockey fan. All of Minnesota is ex- with you in the future. on Science: tremely proud of this talented, never- Best regards, say-die team, which rallied to tie the BILL THOMAS, To the Congress of the United States: Chairman. As required by 42 U.S.C. 1863(j)(1), I championship game with just 52 seconds left in regulation on a goal by The SPEAKER pro tempore (Mrs. am pleased to submit to the Congress a report prepared by the National Matt Koalska, a St. Paul native play- BIGGERT). The question is on the mo- ing in his hometown. The Gophers and tion offered by the gentleman from Science Board entitled, ‘‘Science and Engineering Indicators—2002.’’ This re- Black Bears then battled through an California (Mr. THOMAS) that the House intense 17 minutes of overtime before suspend the rules and pass the bill, port represents the fifteenth in the series examining key aspects of the sta- realizing the dream of all Minnesota H.R. 3991, as amended. hockey fans when Grant Potulny The question was taken. tus of science and engineering in the United States. scored that winning goal. The SPEAKER pro tempore. In the By tying the game in the final sec- opinion of the Chair, two-thirds of GEORGE W. BUSH. THE WHITE HOUSE, April 9, 2002. onds of regulation and then winning in those present have voted in the affirm- f overtime, the University of Minnesota ative. hockey team joins the list of legendary Mr. RANGEL. Madam Speaker, I ob- SPECIAL ORDERS teams. ject to the vote on the ground that a The SPEAKER pro tempore. Under Madam Speaker, there have been so quorum is not present and make the the Speaker’s announced policy of Jan- many stars this season for the cham- point of order that a quorum is not uary 3, 2001, and under a previous order pion Gophers. I hesitate to mention present. of the House, the following Members any at risk of leaving out others, but The SPEAKER pro tempore. Pursu- will be recognized for 5 minutes each. they were a true team in the real ant to clause 8, rule XX and the Chair’s f meaning of that word. They came to- prior announcement, further pro- gether in pursuit of a common goal, ceedings on this motion will be post- UNIVERSITY OF MINNESOTA winning a national championship. Each poned. MEN’S HOCKEY TEAM MAKES player, each trainer, each coach, each The point of no quorum is considered AMERICA’S HOCKEY STATE VERY manager, played a pivotal role during withdrawn. PROUD the season, picking each other up at f The SPEAKER pro tempore. Under a the crucial time. GENERAL LEAVE previous order of the House, the gen- Goalie Adam Hauser made 42 saves in tleman from Minnesota (Mr. RAMSTAD) the championship game. Hauser had 83 Mr. WELDON of Florida. Madam is recognized for 5 minutes. victories in his career, breaking the Speaker, I ask unanimous consent that Mr. RAMSTAD. Madam Speaker, I WCHA record. Adam also set league all Members may have 5 legislative rise to salute the University of Min- and school records for games played, days within which to revise and extend nesota Golden Gophers men’s hockey shutouts and saves. their remarks and include extraneous team on winning their fourth national All-American senior Johnny Pohl of material on H.R. 3991, as amended. championship Saturday night in St. Red Wing, Minnesota, ended his college The SPEAKER pro tempore. Is there Paul. career by leading the entire Nation in objection to the request of the gen- Minnesota has a long and proud scoring. tleman from Florida? hockey tradition. This weekend, as one Madam Speaker, each and every one There was no objection. of our newspapers put it, we experi- of these Gophers hockey players gave f enced a ‘‘Return to Glory.’’ On Satur- the record crowd of 19,324 great fans day night, right in our State’s capital PLAN COLOMBIA SEMI-ANNUAL plenty to cheer about Saturday night, city, the University of Minnesota, my OBLIGATION REPORT—MESSAGE and in fact all season long. Jordan proud alma mater, added an illustrious FROM THE PRESIDENT OF THE Leopold, a graduate of Armstrong High new chapter to our State’s proud hock- UNITED STATES (H. DOC. NO. 107– School in my district, was a big part of ey heritage. 198) this season’s greatness. Leopold won Madam Speaker, in one of the most the Hobey Baker Award, which is col- The SPEAKER pro tempore laid be- thrilling NCAA championship games lege hockey’s version of the Heisman fore the House the following message ever played, the University of Min- Trophy, for his outstanding play. He is from the President of the United nesota defeated the University of the fourth Gopher to win college hock- States; which was read and, together Maine 4-to-3 in an overtime edge-of- ey’s highest honor. with the accompanying papers, without your-seat nail-biter, a game that Madam Speaker, I also want to com- objection, referred to the Committee meant the 2002 NCAA men’s ice hockey mend Coach Don Lucia for an out- on Appropriations and the Committee championship for the University of standing job of coaching. The history on International Relations and ordered Minnesota. And, believe me, this was of Golden Gophers hockey is reflected to be printed: no ordinary hockey game. Both teams by its legendary coaches, and Coach To the Congress of the United States: were fueled by powerful motivating Lucia joins this respected group: John Pursuant to section 3204(e), of Public forces that produced one of the most Mariucci, Glen Sonmor, Doug Woog, Law 106–246, I am providing a report entertaining, hard-fought and memo- Herb Brooks, a guy who knows a thing prepared by my Administration detail- rable games ever played. or two about miracles on ice. ing the progress of spending by the ex- Last season, the Gophers lost to Madam Speaker, these hockey Go- ecutive branch during the last two Maine in an overtime game in the phers join the University of Min- quarters of Fiscal Year 2001 in support NCAA Tournament, and that memory nesota’s title winning teams of 1974, of Plan Colombia. united this year’s Gophers team and 1976 and 1979, and will forever be etched GEORGE W. BUSH. provided the motivation to fight to the in the annals of the greatest Minnesota THE WHITE HOUSE, April 9, 2002. very end of the season’s championship hockey teams. f game. This year’s team played with amaz- Maine had plenty of motivation also. ing consistency. They never lost con- SCIENCE AND ENGINEERING INDI- The Black Bears had lost their long- secutive games, and finished with a CATORS 2002—MESSAGE FROM time coach of 17 years, Shawn Walsh, record of 32 wins, 8 losses and 4 ties. THE PRESIDENT OF THE UNITED to cancer just before the season start- The team’s six seniors improved their STATES ed, and the Black Bears put forth a tre- record each and every year and pro- The SPEAKER pro tempore laid be- mendous effort in memory of Coach vided solid senior leadership. fore the House the following message Walsh. Madam Speaker, the 2001–2002 Go- from the President of the United Madam Speaker, this champion sea- phers hockey team will be remembered States; which was read and, together son has been a long time coming, and it forever by Minnesotans and hockey April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1133 fans throughout the world. All Min- from the citizenry, and into the Pales- cuss Pakistan’s self-proclaimed Presi- nesotans and Gophers hockey fans ev- tinian areas, which is where these sui- dent, General Pervez Musharraf’s plan erywhere are very proud of this team, cide bombers were coming from. to hold a referendum in Pakistan on and we congratulate our national I believe that it would be wrong for April 30 to extend his presidency for 5 champions. the Israeli Government, it would be years. Mr. Speaker, I am very dis- wrong for Ariel Sharon to withdraw f appointed by the steps General from the West Bank until, and only The SPEAKER pro tempore (Mr. Musharraf is taking to extend his mili- until, they can be certain that they tary rule and to further bar democracy FERGUSON). Under a previous order of can maintain the safety and the secu- the House, the gentlewoman from Ohio in Pakistan. rity of the Israeli people in this kind of In October of 1999, General Musharraf (Ms. KAPTUR) is recognized for 5 min- environment. came to power in Pakistan when he utes. I would like to just say in closing overthrew the elected government of (Ms. KAPTUR addressed the House. that the process, the peace process that former Prime Minister Sharif. In June Her remarks will appear hereafter in has led ultimately to the creation of of 2001, 20 months following his coup, the Extensions of Remarks.) the beginnings of a Palestinian state in Musharraf declared himself the Presi- f the West Bank was always predicated dent of Pakistan. At that time, on the belief, at least on the part of the Musharraf claimed that his presi- SUPPORTING THE ISRAELI American people, that the PLO was OCCUPATION OF THE WEST BANK dential declaration was an initial step striving, was working towards having towards promoting democracy in tradi- The SPEAKER pro tempore. Under a peaceful coexistence with the Israeli tionally dictatorial Pakistan. But, Mr. previous order of the House, the gen- people. But I must say, I do not believe Speaker, I felt that based on his past tleman from Florida (Mr. WELDON) is that was ever the agenda. Indeed, I was actions, including the dissolving of the recognized for 5 minutes. shocked, I was amazed to recently read national assembly, or parliament, and Mr. WELDON of Florida. Mr. Speak- an interview that Yasar Arafat, the four provincial assemblies, the reality er, I rise to speak to the issue of the leader of the PLO, recently gave to the was just the opposite. terrible violence that has been Arab television network, with Al- We are faced with a similar situation wracking the Middle East over the re- Jazeera. He is quoted as saying, ‘‘We today in that Musharraf is simply pay- cent weeks, and I rise to speak in sup- defend not only Palestine, the Arab Na- ing lip service to democratic rule by port of the Israeli occupation of the tion, and not only the holy Islamic and holding this referendum on April 30. West Bank. Christian places, but also men of free- Besides Musharraf’s continued steps to- I believe very strongly that the pri- dom and honor all over the world. This wards extending dictatorial rule in mary purpose of government, above is our destiny. This is a divine decree. Pakistan, there are several other as- and beyond all other issues, is to pro- Let those far and near understand, pects of holding this referendum that I tect the safety and the security of the none among the Palestinian people or find problematic. people that they represent. This is Arab nation will be willing to bow and From what I understand, a ref- very, very clear to us here in the surrender, but we will ask Allah to erendum to extend Musharraf’s rule by United States, where following the at- grant martyrdom, to grant mar- 5 years is illegal and unconstitutional tack on the World Trade Center, on the tyrdom.’’ He repeated it twice. under Pakistan’s constitution. Their Twin Towers, our government has fo- He then went on to say, ‘‘To Jeru- constitution mandates that both cused on the need to strengthen our na- salem we march, martyrs by the mil- houses of parliament must elect the lions. To Jerusalem we march, martyrs tional defenses, to strengthen our bor- President. In addition, after the 1999 by the millions, to Jerusalem we der security, to give the FBI and the coup, Musharraf was bound by the con- march, martyrs by the millions,’’ and CIA the tools they need to defend our stitution to restore democracy in Paki- he went on to say it again. Through the Nation. stan by October of 2002, this year. But course of what was a 5, 10 minute inter- clearly these propositions were false. 2030 b view on this Arabic television station, As a result of Musharraf’s blatant It is irrelevant to talk about so many he went on to call for martyrs by the disregard for constitutional law, there millions. of these other important issues that we has been opposition to the referendum Now, this is not news to many people wrestle with, like education, like re- within Pakistan. The 15-party Alliance ducing taxes on the American families; who have been following the career of Yasar Arafat. Indeed, he goes on radio for the Restoration of Democracy, it is irrelevant to talk about these which includes the country’s two main things if our people are dying in the every day in the Palestinian territories calling for the destruction of the parties, has been vocal about streets. But yet, this is exactly what Israeli state, calling on more people to Musharraf’s unconstitutional means to has been going on in Israel in recent come forward to martyr themselves for remain President. In addition, there weeks. the cause of destroying the Israeli has been public backlash against the During the holy week time period, state, to push, as he likes to say, the referendum plan from Pakistan’s lead- Christiandom was celebrating Easter Jewish people into the sea. ing newspapers, major Islamic parties, and the Hebrew people were celebrating We will never have peace in the Mid- and the 54-nation Commonwealth of the Jewish holiday of Passover, and dle East until Yasar Arafat, the Pales- Britain and its former colonies. people all over the world were shocked tinian people, agree to give up the type The leaders of the opposition party in to see over and over and over again, of horrific, unspeakable violence that Pakistan attempted to hold a rally day after day, another suicide bomber they have been inflicting upon the citi- against the referendum, which led to blowing himself up, blowing herself up, zens of Israel. The Israeli defense the arrest of dozens of their leaders by and, in many cases, killing dozens of forces need to continue this effort to the police. The arrest of these leaders people around them; the most horrific root out the fundamentalist Islamic caused major concern because not only acts of violence, killing innocent men, terrorists that are occupying the West is Musharraf proceeding with an unlaw- women, children, leaving those who Bank, and they should not withdraw. ful referendum, but he is also barring survived these explosions frequently leaders of the opposition party to pub- f with grotesque and horrible injuries licly protest. Although a ban on rallies that will take years and maybe be im- GENERAL MUSHARRAF’S has been in effect in Pakistan to quell possible to fully recover from. This is REFERENDUM Islamic extremist rallies, it is unac- the situation that the leadership in The SPEAKER pro tempore (Mr. ceptable that Musharraf is allowing the Israel, Prime Minister Sharon, the FERGUSON). Under a previous order of ban on rallies to apply to a rally in op- Knesset, the Government of Israel were the House, the gentleman from New position to his presidential referendum. wrestling with, and by occupying the Jersey (Mr. PALLONE) is recognized for Mr. Speaker, I would like to also dis- West Bank, they have done the right 5 minutes. cuss Pakistan’s human rights record, thing. They have moved the conflict Mr. PALLONE. Mr. Speaker, I come which clearly exemplifies that strip- away from the Israeli people, away to the House floor this evening to dis- ping citizens of the right to protest H1134 CONGRESSIONAL RECORD — HOUSE April 9, 2002 against an unlawful referendum is just and oil production cuts that OPEC pro- TRIBUTE TO NATIONAL CHAM- the tip of the iceberg. A recent report claimed. Imagine my next round of sur- PIONS MARYLAND TERRAPINS by the Human Rights Commission of prises when not too long after that, The SPEAKER pro tempore. Under a Pakistan indicated that respect for Mexico, in a meeting with Venezuela, previous order of the House, the gen- human rights in Pakistan is afforded to decided to jump back into the OPEC tleman from Maryland (Mr. HOYER) is few and that women and children in pool and there again indicate to the recognized for 5 minutes. particular experience tremendous vio- world that they were going to join Mr. HOYER. Mr. Speaker, as the box- lence and discrimination. OPEC in the cutting of oil production, ing great Muhammad Ali once ob- These facts provide a glimpse of the thereby having the effect of rising served, ‘‘Champions are not made in social conditions in Pakistan. However, prices at the gas pump. gyms. Champions are made from some- other human rights violations such as Now, this is the same Mexico that thing they have deep inside them, a de- limited press and religious freedom, said that they would not join with sire, a dream, a vision.’’ torture and killings by the police and OPEC. Now they have decided to stick Thus, it is with great pride, Mr. lack of free and fair elections are also with OPEC; and in doing so, they Speaker, that I rise tonight, a 1963 evidenced in the report. slapped us right in the face, because graduate of the University of Maryland Although Musharraf has been an ally the cut in production of 100,000 barrels at College Park and a current member to the United States in the war against per day, or cut of availability to the of the University system’s Board of Re- terrorism, we cannot forget that he is United States of that 100,000 barrels a gents, to congratulate the men’s bas- the dictatorial leader of Pakistan and day, was an ingredient that caused the ketball team and a fellow alumnus, that he is not in fact the duly elected rise of prices that we saw in March of Coach Gary Williams, for realizing President. The political, social, and 15 to 17, and some places higher than their dream 8 days ago: winning the economic situation in Pakistan is that, 17 to 20 cents a gallon over a 2002 national championship, the first in bleak. This fragile country can only be short period of time, and more to come, the university’s long history. improved by a democratic leader who because the normal period for rising b 2045 will represent the interests of Paki- prices, the summer season, is already Too often perhaps, Mr. Speaker, we stani citizens. It is unsettling to think upon us. of the negative repercussions of 5 more imbue athletic competition with a seri- years of rule under Musharraf, given Well, I have introduced a resolution ousness beyond its significance. How- the current majority of opposition and just today which would call upon the ever, anyone who watched these 12 Ter- given the current lack of basic human President and the administration to rapins this season observed the quali- rights afforded to Pakistanis. again approach our OPEC allies, as ties that carried them to the moun- they were, they were allies, Kuwait and f taintop: hard work and determination, Saudi Arabia; as a matter of fact, we teamwork and skill, and an unbending URGING SUPPORT FOR RESOLU- came to their aid, we came to their will to win that allowed them to over- TION TO INFLUENCE MEXICO TO side against an aggression by Iraq. We come virtually every obstacle. Those REJECT OPEC AFFILIATION are asking the administration to con- are lessons for life as well as success in The SPEAKER pro tempore. Under a vince or to try to convince those allies sports. previous order of the House, the gen- of ours whom we saved in that par- After the Terrapins had won their tleman from Pennsylvania (Mr. GEKAS) ticular period of time to produce what game with the Indiana Hoosiers in the is recognized for 5 minutes. is needed for the consumption in the title game on April 1, Washington Post Mr. GEKAS. Mr. Speaker, soon after world without regard to setting prices columnist Thomas Boswell wrote, the tragic attacks on our institutions and to cutting production to artifi- ‘‘This was not just a great Maryland on September 11, as everyone knows, cially raise prices while, at the same team. In time, it will be seen as a our economy began to sink, to plum- time, the resolution calls for extra ef- champion among champions.’’ met to depths that we could not have forts to convince our neighbor to the Who could argue with that? There foreseen. While we were struggling to south, Mexico, not to join with OPEC. was the school record for wins in a sea- right our ship, as it were, the OPEC na- Mr. Speaker, the Mexican economy son, 32, the fourth consecutive season tions decided, before the end of the and the Mexican-American border with 25 wins or more. There was the year, before the end of 2001, to cut oil which we share, all of that depend on a undefeated home record of 15–0 at Cole production, which would have the nat- strong American economy. The Mexi- Field House in the last year of play in ural consequence of rising prices at the can economy itself depends on the Cole Field House. What a way to end a gas pump here in the United States and American economy. Can my colleagues run. elsewhere. This was an insult added to imagine that they would take steps to There was the second straight ap- injury to have our former allies, like cause rises in the prices at gas pumps? pearance in the Final Four and the Saudi Arabia and Kuwait who are part We must convince them that they ninth straight appearance in the NCAA of OPEC, to make certain that prices should renounce joining with OPEC Tournament under Coach Williams, would rise at the gas pump in the now and forever and to remain with the and there was the first Atlantic Coast midst of an economy that was being se- United States in a hemispheric system conference regular season champion- verely hurt by what had happened at to become an economic engine of its ship in some 22 years. the World Trade Center and at the Pen- own. We do not need OPEC if Mexico The path to preeminence, however, of tagon and in Pennsylvania. would simply deal with the United course was not paved with ease. There Imagine my surprise then when, we States in oil production. was a heartbreaking loss to Duke Uni- all know that OPEC has to depend on versity in the Final Four last year. the non-OPEC nations to go along with So this resolution calls for an impor- There was a season opening loss and an their guidelines, their decisions on oil tant foray into Mexican-American re- unexpected defeat in the ACC tour- production and pricing, et cetera; lations, strictly with respect to the nament this year. There was personal imagine my surprise, my pleasant sur- OPEC cartel and the insistence of Mex- hardship off the court, as well. prise when I learned that Mexico, for ico to go along with OPEC. We cannot The national championship, Mr. instance, was not going to join with tolerate that. Speaker, was never a coronation. The OPEC in this drastic decision that they So whatever comes by way of oil pro- Terrapins faced and defeated perennial made. duction, if the United States and Mex- basketball powerhouses Kentucky, Well, that was good news for the ico can cooperate one on one in the Connecticut, Kansas, and then Indiana. United States on two fronts: one, that production of oil and in the market, Collectively, those teams won over 15 Mexico, our neighbor to the south, was sale and pricing of oil, the American national titles. sticking with the United States in its economy will be better off and, there- In hindsight, it was fitting to win the hour of economic peril and, in effect fore, so will the Mexican economy. I championship on that road. Difficulty saying to OPEC, no thank you, they ask for Members to join in this resolu- and adversity vest victory with an even will not go along with the price-setting tion. greater sense of accomplishment. No April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1135 one will ever claim that these young The SPEAKER pro tempore (Mr. macy and the value of negotiations. I men and Coach Williams failed to earn FERGUSON). Under a previous order of believe the tragedy which faces us in the title ‘‘champion.’’ the House, the gentleman from Florida the Mideast has come about for a num- The Terrapin team, led by senior (Mr. FOLEY) is recognized for 5 min- ber of reasons, and I am sure that pol- guard Juan Dixon, who overcame in- utes. icymakers proficient in foreign policy credible adversity in his life, losing his (Mr. FOLEY addressed the House. His issues as it relates to the Mideast over two parents when he was just a teen, remarks will appear hereafter in the a long period of years will have many, Juan Dixon took their loyal fans Extensions of Remarks.) many analyses on the Mideast crisis. through the peaks and valleys of com- f But I certainly would point to one that petition, and we shared their deep dis- I believe and hope we can turn around, appointments, but yes, we shared their The SPEAKER pro tempore. Under a previous order of the House, the gentle- and that is the lack of engagement. final joy, as well. On the floor of the House on Feb- woman from the District of Columbia Juan’s superb shooting and defense ruary, 2001, I spoke to this issue. It was (Ms. NORTON) is recognized for 5 min- were as crucial to this team’s success shortly after the unfortunate lack of utes. as was Steve Blake’s ballhandling and agreement on the agreement that had (Ms. NORTON addressed the House. passing ability, Lonnie Baxter’s power- been negotiated by the past adminis- Her remarks will appear hereafter in ful inside game and rebounding, Chris tration, a very effective agreement the Extensions of Remarks.) Wilcox’s fierce blocks, and Byron Mou- that Prime Minister Barak and we ton’s energy, hustle, spark, and ex- f would have hoped that President traordinary defense. AMERICA SHOULD PRACTICE EN- Arafat would have considered as one of It is a tribute to this team’s depth the best opportunities for trust and that practically every member, every GAGEMENT TO PROMOTE WORLD PEACE hope. nonstarter, entered the game and we It was not consummated, but in the picked up points, be it Tahj Holden; The SPEAKER pro tempore. Under a lack of consummating that peace trea- Calvin McCall; Andre Collins; Drew previous order of the House, the gentle- ty, I believe this administration made Nicholas, an extraordinary young woman from Texas (Ms. JACKSON-LEE) an egregious error. Upon coming into guard who would have started on any is recognized for 5 minutes. office, their quick response was, let other team in the country; Ryan Ms. JACKSON-LEE of Texas. Mr. them handle it; let them solve it. Randle; Earl Badu; and Mike Grinnon, Speaker, I just want to add my con- We see now some 12, 13 months later 12 extraordinary young people. The gratulations to those of the distin- that, tragically, that did not work. We Terrapins would actually increase their guished gentleman from Maryland. I, have seen the loss of lives of women lead when those young people filled in too, was proud of those young men as and men and children, of Israelis and for our starters. very fine examples for the young peo- Palestinians. Any of us who care for This championship, of course, is the ple of America. Congratulations again human life and love people are trag- ultimate tribute to the architect of the for both of their success stories. ically, tragically upset that we have men’s basketball program, Gary Wil- Mr. Speaker, I believe this is an im- lost so many lives over the period of liams. There can be no doubt, Gary is portant time as we return back from time. one of the finest coaches in college ath- the work recess that Members were Advocates for the survival and exist- letics today, but that was true regard- just participating in. I believe it is an ence of Israel, our friend and ally, rec- less of the outcome of last week’s final important time because we have many ognize that no loss of life, no matter championship game. Gary has been a challenges before us besides the domes- who it is, should be accepted, the loss winner wherever he has coached, tic economy. We have the issue of of life of those who lived in the Pales- amassing an extraordinary record of peace. I do believe that Americans tinian areas or in Israel. 481 career wins in 24 years. He was a want peace. I believe the world wants We recognize that we who are Ameri- winner at American University, Boston peace, and that peace we want to be cans have both benefit and burden. College, and Ohio State University be- found in the Mideast. When I speak to my constituents, I ex- fore returning to his alma mater and I want to bring to the attention of plain to them the importance of for- becoming the champion. my colleagues an editorial in the Hous- Gary was not alone, of course. He was eign policy and the appropriation of ton Chronicle today, Tuesday, April 9. ably assisted by Dave Dickerson, the small percentage that we utilize to It reads: ‘‘Weapons Check. Measure of Jimmy Pastos, Matt Kovarik, and di- engage in diplomacy and friendship trust and hope in IRA announcement.’’ rector of basketball operations Troy around the world. And most of them, The first two paragraphs read, Wainwright. people of good will, people who are I must point out, Mr. Speaker, the ‘‘While so much attention is focused on willing to think outside of the box, un- contributions of Dr. Deborah Yow, the the near-war in the Mideast, one of the derstand that we who have the benefit university’s athletic director, one of world’s other long-running sectarian of living in this country also have the two women in America who head up a struggles got a bit of good news with burden of engagement; no, I did not say major program. In her 8 years in that the announcement on Monday of fur- sending troops everywhere around the position, she has laid the groundwork ther weapon decommissioning by the world, but diplomacy. Diplomacy not only for this national champion- Irish Republican Army. works. ship and an Orange Bowl appearance by ‘‘This week marks the fourth anni- Tragically, as I attended a Passover the football team this year, but also versary of the signing of the historic seder this past Passover holiday with for a national all-sports ranking in the ‘Good Friday Agreement,’ through my friends, a very blessed time, we top 15 percent of the NCAA Division which the British government offered were facing tragedies of suicide bomb- One institutions. to trade a number of significant gov- ers in Israel. We cannot tolerate that, Again, Mr. Speaker, I know that all ernance concessions in exchange for as we cannot tolerate the continued the Members of the House join me in similar moves from the Irish Repub- warring that is going on, and the loss congratulating the University of Mary- lican resistance, including the ‘decom- of life. land Terrapins for a championship hard missioning,’ or putting out of commis- Today it is reported that 13 Israeli won and well earned. sion, of illegal explosives and other soldiers were killed, again by a suicide In closing, Mr. Speaker, let me ob- weapons.’’ bomber. None of this brings about serve that the University of Maryland While the op ed goes on to raise con- peace. I am reminded by the words of now becomes one of five teams in his- cerns on whether or not they are mak- President Lyndon Baines Johnson 40 tory to have a team that won both the ing sure that all the Ts are crossed and years ago who said that the guns and National Football Championship and the Is are dotted, it did end with the bombs, the rockets and warships, all the National Basketball Championship. emphasis that we must have trust and are symbols of human failure. That Gary Williams, Maryland Terrapins, we must have hope. means it is most important that this thank you, thank you for a great year I cite this opinion because I want to administration turns around and be- and for great examples. discuss this evening the value of diplo- gins to look long-term at engagement. H1136 CONGRESSIONAL RECORD — HOUSE April 9, 2002 The sending of Secretary Powell is a What do we think the response of that at all. We have got to be a little fair in good step, but it cannot be a short- country is going to be? our approach here. lived step or a 24-hour step. We have to Every nation in this world has an in- I am amazed, to me, the more and engage the brilliance of our diplomacy herent, an inherent right, in fact, an more I hear the anti-Jewish rhetoric, and make it work. I believe if we sit inherent obligation to protect their the anti-Israel rhetoric, I would like to down at the table of reconciliation, population, to protect their people. ask any of you who are perpetrators of recognizing that this has turned into a What do we think the United States that kind of comment, what would you crisis, it has been a festering sore from of America, and I refer to the previous do if somebody walked in one of your lack of attention for over a year be- speaker, what do we think the United relative’s house and blew it to smither- cause somebody else had the policies. States of America would do if some- eens? Do as the previous speaker said? I want peace. I want to be one that body started walking into our shopping Call them on the phone and say let us promotes love and affection, and I am malls with suicide bombers? Do we have some diplomatic engagement or not someone, Mr. Speaker, as I close, I think we would engage in a diplomatic be subject to criticism because you am not someone that misreads the tea fashion with the aggressors? No, we went over and you tried to eliminate leaves. I know what we are dealing would not engage with them, any more the person who has done everything with in the Mideast, but I have hope than we would engage in diplomatic they can to destroy you. and I believe we can have trust. I be- discussions with bin Laden. I am no expert on the Middle East. I lieve through engagement and diplo- Once we knew that bin Laden was the read about it every day. I spent time macy we can bring a stability to that person who was in charge, who coordi- today flying on the plane, most of my area. nated, who ordered that devastating time; my reading was on the Middle I ask the administration and the blow against our Nation on September East. I grab all the information I can Congress, I ask Americans, to really 11, I did not hear one American, with about the Middle East. But I am awful get behind the idea of peace in the Mid- the exception of maybe a couple of careful before I jump out and criticize east. Congressmen, I did not hear one other the administration on their policy on f American say, gosh, we ought to dial the Middle East unless I think I have up Mr. bin Laden and we ought to sit got a better answer. And, frankly, I do SENSIBLE ENERGY POLICIES AND down with him and have some diplo- not know what the solution in the Mid- PRACTICES matic discussions with him. dle East is. But I do not think the solu- The SPEAKER pro tempore. Under tion is to criticize our leaders because 2100 the Speaker’s announced policy of Jan- b they have not sat down so-called sat uary 3, 2001, the gentleman from Colo- My gosh, Mr. bin Laden, look what down and had diplomatic engagement. rado (Mr. MCINNIS) is recognized for 60 you have done. You have killed 3,000 Anybody that alleges that there has minutes as the designee of the major- people in America. You have killed not been diplomatic engagement in the ity leader. hundreds of people from 80 separate Middle East shows a very clear dem- Mr. MCINNIS. Mr. Speaker, I am a countries. You have killed men. You onstration of a lack of knowledge of little surprised by some of the com- have killed women. You have killed history. There has been time and time ments of the previous speaker. Who children. You have killed mothers. You and time again of diplomatic engage- does not want peace? But this speaker have killed fathers. You have killed ment in the Middle East. criticizes the administration because sisters. You have killed brothers. But, Of course, everybody wants to settle they have not engaged in diplomacy? I Mr. bin Laden, let us sit down and have it peacefully. We would like to have wonder what the speaker would rec- a diplomatic discussion with you, be- settled issues peacefully prior to Sep- ommend after September 11. Should cause if we do not sit down and have a tember 11. But sometimes the aggres- the United States of America have diplomatic discussion with you, we sor offers you no choice. Do you real- called bin Laden and said, ‘‘Let us en- must not be as the previous speaker istically think that on September 12 gage in diplomacy’’? said, ‘‘engaged,’’ and that is upon the America thought that one of the op- I would say, with all due respect to premise which the previous speaker tions we had was to sit down with bin the previous speaker, take a look at criticizes this administration. Look, I Laden and to have ‘‘diplomatic engage- the history of dealing with Yasser think before one criticizes the Presi- ment’’ with this villain, with this man Arafat. Take a look at how many ad- dent or before one criticizes Colin Pow- so full of hatred that he killed thou- ministrations have tried to engage, ell or before one criticizes the efforts, sands of innocent people with one have come up with different types of one ought to know what is going on be- strike? And if he is alive, you can be agreements. The only common denomi- hind closed doors. What are the facts? sure he is not thinking about diplo- nator we see throughout that history What kind of contacts have they had? matic engagement. He is not thinking of engagement is Yasser Arafat. Take a And regardless of where you stand on about anything to further his religion. look at every administration. the issue, what country in the world He is thinking about an evil strike, I am amazed that one would have the can continue to sustain suicide bomb- how else can he get back at the United gumption, I guess we would say, to ers coming in with devastating blows States of America. Tell me what the stand up here and criticize this admin- against their innocent population? mind was, what kind of sound minds of istration because they are not engag- These are not military strikes. These these suicide bombers or these per- ing in ‘‘diplomacy.’’ bombers do not have enough guts to petrators, for example, on September Some Members of Congress, some of meet at the O.K. Corral and have a 11. They did not target one specific us sometimes, and I refer to all of us as showdown on Main Street. Instead, group. They did not care whether they Members of Congress, since when do we they sneak in the back door of a de- were Muslims. They killed Muslims in know all of what is going on in the partment store and blow it to smither- those towers. There were people of the Middle East? Maybe before we are so eens. Islam faith that were killed. They critical of the administration in the I heard on Public Radio the other killed people of 50 different nationali- height of a crisis in the Middle East, day, Public Radio had this long discus- ties from 80 different countries. They maybe we ought to learn a little bit sion about a Palestinian woman who did not discriminate between men and about what goes on behind closed was pregnant and who was about to de- women, between children and mothers doors, what are those negotiations that liver, but she could not deliver because and fathers and so on. are taking place. the Israel military had occupied the Sometimes I am surprised at the re- What do we expect Israel to do? What street and they could not get an ambu- marks, although having been here for a we would do if suicide bombers kept lance to her so she had to deliver in her few years I am getting kind of used to coming into our shopping malls or home. Not once during that discussion it; but sometimes I am a little sur- came over on Passover? That bomb, on Public Radio, not once did we hear prised at the remarks made on this that suicide bomber on Passover would any kind of discussion about that preg- House floor, and especially to have in be like coming into America on Christ- nant mother that was blown to smith- my opinion to stand up here at the mas Eve and blowing up Santa Claus. ereens by a suicide bomber, no chance height, hours after they have just had April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1137 another event in the Middle East and ject before we pretend to be expert on that does not mean we should go on to have some who would describe it as the floor. some white elephant chase. audacity to criticize this administra- I listened to the gentleman from We hear continually if you do not tion because they have not sat down Florida’s (Mr. WELDON) discussion, who subsidize this or you do not subsidize and held hands and talked peace. was two or three speakers back. I com- that, you do not support alternative Again, it shows a complete lack of mend what the gentleman said. I think energy. The fact is it has got to make knowledge of the history of the Middle a lot of what the gentleman said, a lot some sense. It has got to have a real- East. of what he pointed out was accurate. istic chance of succeeding, and then I I think all of us would be much fur- How do you address the situation think the government should get be- ther ahead, and I think it would ad- where somebody continually sends sui- hind it. vance the interests of this country and cide bombers, not against your mili- We have been able to develop a lot of advance the interests of our constitu- tary targets, but against your shopping things throughout the history of our ents if, when we discuss a subject like malls, against your citizens, into res- Nation. Our Nation is one of the great- the Middle East, at least we have some taurants, one of them was a wedding est nations in the history of the world extensive background in it, at least we reception? I think the gentleman’s because of our innovative capabilities, come in with some historical knowl- points were pretty valid. because of our innovation. And when edge of the subject of which we offer The Middle East is a tough situation. the challenge is in front of us, we can ourselves experts. I think we ought to Afghanistan is a tough situation. accomplish that. Even that said, it will have that responsibility. OPEC, the gentleman from Pennsyl- take some time. Twenty years from I do not think we ought to come in vania (Mr. GEKAS) said it very well. now, 30 years from now I project that here half-cocked and start criticizing Take a look at OPEC. OPEC, so-called people back then will look at the way the administration in the Middle East allies of ours, OPEC has taken every we transmit electricity through wires hours after what is alleged to be, I do advantage they can to manipulate the and say, Why did they ever use wires? not know what is on the TV, alleged to price of oil so that they can take a lot They will have some other type of sys- be a 10-year-old suicide bomber, a 13- of those revenues, frankly, and direct tem to transmit electricity. They will year-old suicide bomber. Tell me how them against U.S. interests. Now look, look back at what we had today and you can sit down with people who it is a free market system. We are cap- say, Wow, what an antiquated way to would take a young child, strap bombs italists, and OPEC has a right to do provide our energy. Their furnaces will on them and throw an ambush in that. But we should not just sit by and probably be the size of a drinking cup. against another country, and you tell be idle. There are lots of things that will What happens? Take a look at the old me about diplomatic engagement. Talk change in the next 30 years, but it will Adam Smith theory. If you come into a to me about a bomber that goes in on take time. Passover, which again is like Christ- community and you have a product In the meantime, conservation alone, mas Eve, like blowing up Santa Claus that people need, but you continue to which is very, very, very important, at Christmas here in the United States, gouge the people and gouge the people will not fill the gap between oil needs tell me how many people would be ex- and gouge the people, and you have a and oil production. What fills that gap cited to have diplomatic engagement capitalistic society like our society is, right now is OPEC. And the less we are with those kind of people. what happens? Somebody in that com- able to produce out of our own re- Let us be honest about it; there are munity is going to say, you know sources, the more we have to buy from evil people in the world, and there are something, the gentleman’s product OPEC. The more we buy from OPEC, people that have to be dealt with on over there, the product he is selling, he the more we feed this problem in the their own terms. There are a lot of peo- is gouging us on it. I think I can get a Arab countries, the more we provide ple in this world that they do not like product that offers the same benefits resources for these countries to turn this touchy-feely stuff; they do not un- his product does. I can sell it at a around and use them against us and derstand that kind of thing. They un- cheaper price. I will not gouge the peo- the more susceptible we become to derstand strength and they understand ple. I will sell more of the product, and their whims. fear. And if they can get fear over in the long run I will actually make strength, that is exactly how they more money. For example, yesterday, Saddam weaken the strong. I think that kind of leads us into a Hussein, our old pal over there in Iraq, Now, I do not mean to get all riled up discussion I wanted to talk about this a guy who poisons his own populations, up here, but I think all of us have an evening and that is energy and produc- decides on a whim we will stop, no obligation whether the administration tion of energy in this country. I have more production for the United States is Democrat or Republican, I think we heard, and unfortunately, without try- and Israel, no more oil for the next 30 all have an obligation before we criti- ing to be too partisan, but it is reality, days or until Israel pulls out of the oc- cize the administration within hours of it is kind of a general philosophy of the cupied lands, whichever comes later. a suicide bomber, that we learn a little Democratic side, well, what we need to You know, what we have become is de- information instead of standing up do is more alternative energy methods, pendent on madmen like this. The tail here and saying no diplomatic engage- and we need to conserve more, but no is trying to wag the dog. That is ex- ment. What we need is engagement, en- more exploration or limit the explo- actly what is out there. gagement. ration. Let us go into conservation and That is why unlike people who say, Give me a break. Look at the history alternative energy. look, the only way out of this energy of the Middle East. We are trying to I agree with two of the three points crisis is conservation and alternative figure out the answer. There is engage- that the Democrats are saying. In fact, energy, the fact is there is a third element 24 hours a day over there in the a lot of what they have said on the first ment, and that is you have got to con- Middle East. Some of the brightest two points were presented by the Re- tinue to produce resources until these scholars our country has ever produced publican side. Number one, of course, other two completely fill, or signifi- have not figured out what to do in the we ought to look for alternative en- cantly fill, that gap. Middle East. I would be awful careful. I ergy. That is exactly what happened in I think the easiest thing every one of would be a little cautious about criti- my previous example here. The guy us can do, every person in this Nation cizing people who are a lot more en- comes into town. He starts gouging on can do is conservation. And it is really gaged in the Middle East than those of a product. The people in the commu- easy to do. There is a lot of conserva- us sitting on the floor of the House of nity start looking for alternatives so tion that can take place without an in- Representatives. That is not to take they are not subject to the rule of that convenience to your life-style. There is away the right to question, or the right individual. That is exactly what we a lot of conservation that we can do to visit with these people or under- have to do with energy. I whole- that is of no pain, no economic pain to stand that history and then have a de- heartedly endorse, wholeheartedly en- you. As I just said, no inconvenience to bate here. But gosh darn it, we ought dorse that we look for alternative your life-style. But we have got to do to learn a little bit more about the sub- methods of production of energy. But it. All of us can participate in it. H1138 CONGRESSIONAL RECORD — HOUSE April 9, 2002 b 2115 not relying upon oil. We have got to As I said earlier, we do not have to go For example, a hot summer coming have those resources. And if you are out to our constituents and ask for a up. Instead of having the air condi- going to be one of those that do not great sacrifice for them to conserve. tioning set at 68, see if you can get by think we need to be relying on oil, who There are a lot of things a lot of us can with 70. Just think, across the country objects across the board, not to a spe- do in our everyday living that can help if we had everybody doing that, trying cific area, where digging oil, for exam- conserve energy that will not impact not to idle your car so much, if we just ple, might be objectionable to the par- us at all, like turning off the light walked out of the room and shut the ticular environmental conditions switch. I mean, even if we do not run light off after we left the room, think around that particular site, but if you the water the whole time we brush our how much electricity we could con- are one of these people that just across teeth, put the toothpaste on the tooth- serve. the board opposes that kind of produc- brush, put a little water on there, Take a look at water, and water is a tion, then you ought to not just talk brush our teeth, have our water off, sensitive area for me. I come from the the talk, you ought to walk the walk. then have the water on, the average West. My district is Colorado. It is the Quit driving your car, quit riding your person runs, by the time they are done only State in the Union where all of mountain bike that is made of different brushing their teeth, if they brush our free-flowing water goes out. We resources. I mean, everything we have their teeth for the 2-minute prescribed have no water coming in. Conservation is reliant on that product, our medi- time to keep away from the dentist, benefits us a lot but conservation alone cines. how many gallons of water run through will not fill the cup that we need filled. I ride a mountain bike. That is why I the sink, if one has the faucet on? Two Conservation, we have got a bucket used it as an example. I could not have or 3 gallons of water for someone to and we have got to go get so much my mountain bike if I did not have brush their teeth. water in that bucket to feed our cows those kind of resources available. I These are the kind of things if we or we have problems, and we do not could not have the vehicle that we need just turn it off while we are brushing, have an alternative yet that is going to to get around on our roads in Colorado. brushed and then turned it back on, we would probably use less than a tenth of fill up much of the bucket. It puts a lit- We would not have heat, et cetera. My a gallon. Those are simple things. They tle water in the bucket. Conservation colleagues know the story. did not impact us. Our teeth are not puts a little more, but the fact is we Obviously it is a reasonable approach any less clean and we feel better be- have got to drill a well. We have got to to take, but it is not a reasonable ap- cause we have helped with a challenge get some water out of there or we can- proach to say stop oil production or no more oil production or do not even that our country faces. not feed the cows. That is as simple as There are a number of obligations bring up the debate of exploring more it is. that as Congressmen I think we owe to So what I am urging my colleagues oil in Alaska. Or, if we do bring up the the people that we represent. One of to do is let us accept the reality that debate, let us debate solely on a mo- them is the future, to secure this Na- we have to look for production. We tion, not on facts. Unfortunately, on tion for the future, and it means not have to continue to produce from our the House floor, a lot of the decisions only secure the Nation in the future for own resources, while at the same time we make are driven by emotion. energy, not only to secure the future Has anyone ever wondered when they urging our constituents and the citi- generations for things like education look at legislation, I do not care zens of this Nation to conserve, while and health care and a good economy whether it is at the State level, maybe at the same time supporting, giving in- and a government that does not over- even the city level, I have never centive and encouraging alternative ride the ability for individual freedom, worked at the city level, but at the energy production. There are lots of ex- the right of private property owner- State level or the Federal level, has citing things out there, but we are not ship. These are all elements that are there yet but we will be there. anyone ever noticed that legislation al- very strong that I think have to be I want to tell my colleagues about an ways has a great name to it? Save the passed to the next generation. experience. I wish I would have brought animal organization, save the planet, I also I think what must be passed to it today. Oh, probably a year ago, I was or save small business, et cetera? There the next generation is the necessity to on an airplane and I sat next to a is a reason for that, because a lot of be strong, strong in security for our young person, very bright, very capa- the debate on this floor and a lot of de- people, and a part of that is assuring ble, it seemed to me. She was about, I bate in the legislative arenas through- that we have the natural resources to guess, 21 years old. I asked her what out this country are based on emotion. defend ourselves against blackmail by she was studying, what she wanted to There are times that while that may a country like Iraq, against security do, and she said what she wanted to do be appropriate, there are times where threats by renegades like bin Laden. was study energy and how to capture we have an obligation as elected rep- On September 11, a lot of people said energy in ocean waves. There is energy resentatives of the people, we have an what a huge hit against the United that is produced every time that water obligation to stand back and make a States. Obviously it was a horrible, moves. I thought that was pretty inter- decision based also on facts. What are horrible disaster for the United States esting. the realities that we are dealing with? of America. But take a look at the Then pretty soon she says, look, pull- If something has not brought it to our things that went right. It did not crip- ing out a little piece of paper about attention in the last 48 hours, when a ple the United States of America. Oh, this long, probably about, oh, an inch renegade country like Iraq that is obvi- sure it hurt us, and many, many, many and a half long, and probably a half an ously producing weapons of mass de- families suffered horrible tragedies. inch wide, and at the end of it, it had struction for use against one target, Our country suffered but our country two wires and on the end of the two the United States of America, decides did not buckle. wires, it was connected to a small light they are going to stop their oil produc- Our country responded because pre- bulb. I do not know what was in the tion, maybe it ought to wake us up a vious people, people ahead of us that paper material, but there was some little more and say we ought to be served in Congress, prepared this coun- kind of material that would conduct ready for this. try over decades, prepared us in the power, electricity, and she would wave What if that oil embargo begins to sense that we have a strong National it like this and the light would come spread throughout the Middle East? Guard, prepared us in the sense that we on. She said, there is so much energy The United States must become less have a strong Army and Marine Corps in the world that we are not capturing. dependent, not more dependent, on for- and Air Force; that we had the capa- She said, we think that if we can do eign oil resources, and the only way we bility through our intelligence services that, we can really supply lot of energy can do it is to continue to advance our to figure out who did this grievous act needs for our country. technology to develop the resources to us; that we had the hospital facili- I was pretty excited about it, and that we have, while at the same time ties and the EMTs and the firefighters that is how our energy is going to be figuring out alternatives for the future, and the police officers and the local or- produced one of these days. But in the while at the same time encouraging ganizations and the statewide organi- meantime, do not pretend that we are our populations to conserve. zations and the monetary contribution April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1139 of our citizens to keep on our feet. We Condoleeza Rice, DICK CHENEY, obvi- RESPONSE TO MIDDLE EAST kept on our feet. They did not knock ously the President, have a little bit CRISIS us off our feet. They broke a rib, but more access and a little bit more The SPEAKER pro tempore (Mr. SIM- they did not knock us off our feet. knowledge of what is going on over in MONS). Under the Speaker’s announced That is because the great leaders of the Middle East minute by minute. We policy of January 3, 2001, the gen- this country have prepared this coun- simply have not been able to make our- tleman from Florida (Mr. DEUTSCH) is try in the same sense that we have to selves available to that. recognized for 60 minutes as the des- prepare this country for the future, and So before we criticize the persons ignee of the minority leader. that is the capability to sustain an at- Mr. DEUTSCH. Mr. Speaker, the that have the knowledge, before we are tack, to be able to turn around and topic we are going to speak about this stop the attacker in a military sense. so critical from the House floor, my evening is, in a sense, a response to What is going on in the world today colleagues ought to learn a little bit what is going on in the Middle East is tragic. What is going on in the Mid- more exactly what is occurring. Be- today; and specifically a response in dle East, obviously. I mean, I wish my cause while we were speaking this terms of being not just sensitive, but colleagues knew the solution. I am not evening, bullets have flown over there, supportive of what the Israelis are try- sure anybody has got it figured out and it is amazing that while machine ing to do regarding terrorist acts in there yet, but the reality of it is that gunfire is taking place, while allegedly their country. no matter how long we pray, I know it 10-year-old or 13-year-old suicide bomb- The reason I put this chart up first is is very helpful, and I do it a lot, no ers are running in to kill one side or just to try to lay out a perspective of matter how long we pray, no matter the other, it is a little surprising to what has happened in Israel over the how much we hope, and touchy-feely hear one of our Congressmen or the last several months. Israel is about 5 things we do, the reality of it is the Congress as a whole maybe, which has million people. The United States is world will never know total peace, but not happened, I guess particular col- about 300 million people. We are about we can go a long way towards that. leagues of mine, to stand up here and 60 times larger than Israel. As all The best way we can go towards that say, well, we have not diplomatically Americans know, on September 11, is to negotiate from a position of engaged. If any of us have a better idea about 3,000 Americans died in an in- strength, and that is exactly what the that is going to work, not just to get stant. The equivalent number in Israel United States, its leadership in the publicity back in our district, if some- would be about 50. Last month in Israel, the Israeli peo- past, they have placed our country in a one has really got an idea that is going ple sustained the equivalent of three position of strength, and that is the ob- to work, if they think they have got a ligation that every one of us on this September 11’s, in the month of March. solution for it, advance it. Do not wait Since this calendar year, the Israeli House floor has to future generations, till nighttime on special orders to to continue to keep this great Nation people have sustained the equivalent of come down here and say, well, how approximately eight September 11’s. I of ours in a position of strength, to easy it is to criticize you because you think all of us understand what the allow this great Nation and its future are not a diplomatically engaged ad- United States’ response, God forbid, generations to go forward from a posi- ministration, and what we ought to do, would be, in that type of situation. We tion of strength. hope for peace, that is how we solve the understand what the United States’ re- From a position of strength this situation in the Middle East. sponse has been in response to Sep- great Nation has helped hundreds of tember 11 itself. In fact, I have been millions of people throughout the We want peace. All peace-loving very supportive of the President, and I world. From this position of strength Americans want peace, and I am do not think any Member of Congress our Nation can help many, many other quoting directly from some of the previous comments. Well, that is a nice has not been supportive of the Presi- nations throughout the world. We can dent and America’s efforts to eradicate statement to make, but how are we help escape poverty. We can help es- weapons of mass destruction that have going to solve the problem? What are cape tyrannism. We can help escape a direct effect on the United States. the nuts and the bolts of the solution? communism. And we can go on and on, There has been no daylight at all be- but it all starts with the core of our When we have a crisis like the Middle tween any of us for those efforts. strength. We cannot help our neighbor East, I get a little impatient, as I I think the President gets it com- if we are not strong. would hope my colleagues get a little pletely about the threat of inter- We need to be strong. We are strong, impatient, with one of us standing up national terrorism from countries like but we need our commitment to stay here and constantly criticizing the ad- Iraq, Syria, and North Korea. But un- strong. That means a strong defense. ministration but never coming up with fortunately, the President does not get That means a strong educational sys- a solution of their own. it in terms of some of his response to tem. That means a strong welcome sys- the State of Israel, his specific re- tem. It means a strong energy policy. b 2130 sponses that effectively demand that Working together, I think we can con- the Israelis withdraw their troops and tinue the strength of this great Nation. Mr. Speaker, the easiest thing in the their activities in terms of cities like So I look forward to working with world is to criticize. The toughest Ramalah, Jenin, and Nablut. my colleagues in the future, but let me thing in the world is to lead. I have From an American perspective, to summarize by saying a couple of seen a lot of criticism, but I am not put it in some light, which is a very ap- things. Number one, I think it is a mis- sure how much leadership I am seeing. propriate analogy, the United States of take for my colleagues to take this I am trying to learn everything I can America does not have to have our men microphone, as I witnessed this about the situation in the Middle East, and women in Afghanistan. We are in evening, and criticize this administra- and I hope that the administration is Afghanistan because we have no choice tion for not being diplomatically en- doing the right thing; and I have placed but to be in Afghanistan to literally gaged, as if diplomatic engagement has my faith in this administration, as I protect ourself at a national security not taken place in the Middle East for have placed my faith in the United level. We do not want to be there. I decades. States. I think we are doing the right think everyone in the world or at least I am amazed that while we have a thing with what we have and what we everyone in America understands, we great deal of knowledge available to know. have no national interest. We have no us, while we can have classified brief- desire, zero, and I think Americans un- ings, and many of us receive classified I hope that our common sense leads derstand that we do not want to con- briefings on countries of our choice and us to some type of solution; but I can quer Afghanistan, to colonize Afghani- so on and so forth, our level of knowl- tell Members this, it would be a cold stan. edge and our level of expertise on the day in Members-know-where before I At the same exact level, the Israelis Middle East, for example, is somewhat would jump up and make the criticisms have no desire to be in Ramalah, Jenin, limited. I would venture to say that while the guns are firing. I think we and Nablut. And just as we are con- the administration, Colin Powell, need to be a little more supportive. cerned about our sons and daughters, H1140 CONGRESSIONAL RECORD — HOUSE April 9, 2002 husbands and wives who are stationed after that incident and said, ‘‘Why did The gentleman from Florida (Mr. in Afghanistan today, and in fact we you do this? It is a clear violation of DEUTSCH) knows that a couple of years have sustained the ultimate sacrifice Oswald bringing in weapons that raise ago I had an opportunity to go to in our troops, and the Israelis are doing the level of the conflict.’’ Israel, and one of the things at the the same today, and again our societies His response was, ‘‘Why did I do time was Mr. Barak told us that the are very similar. As democratic soci- what? Why did I do what?’’ people there are tired of suffering and eties, this is not forced military serv- Colin Powell on the other end of the they are tired of seeing their children ice. It is military service that an elect- phone said we have direct evidence of being killed. ed democratic body had to vote to send your involvement and that evidence As a father of four, it is hard for me out the reserves. was then shown to Chairman Arafat, to say good-bye to my children on a In the Israeli Knesset, an elected and Colin Powell calls him back and Friday or Saturday night when they Prime Minister called up the reserves. says, ‘‘Now that you have seen the evi- leave the house at 7:30 at night, and I An elected Prime Minister is sending dence, what is your response?’’ Chair- am worried about them driving on the people into combat, risking lives, and man Arafat’s response was, ‘‘What are road with accidents. I cannot imagine in fact sustaining losses. If we think you talking about?’’ what an Israeli parent or counterpart again, we have seen what is happening. If we think for a second what that feels when saying good-bye to their We read about it. And, unfortunately, means, who are we dealing with? Who children who are going to go to a there are people being killed on both are the Israelis dealing with? But more discotec or some other public place, sides. The Israelis are making an ex- importantly, who are the Israelis deal- and can just imagine living in a coun- traordinary effort to avoid any type of ing with. I would ask everyone to think try where so many people have died in civilian casualties, and there have been about that type of response. How could such a short period of time. some. The extraordinary effort is some- any of us ever have any type of rela- Since the September 11 attacks, the thing that we need to be aware of. Un- tionship, whether a business relation- American people have understood the fortunately, Israeli defense forces, ship or a personal relationship, with terrorist menace. Israel has been living troops, their lives have been put at someone who literally, absolutely, to- under this for nearly 50 years off and risk, and there is no question that ad- tally lies? How can one have a relation- on. As the leadership of Israel has often ditional Israelis have died because of ship to try to do anything? What is said, we are living in a dangerous the sensitivity of avoiding civilian cas- that person’s word worth? neighborhood, and it is getting more ualties has occurred. The second incident that occurred 10 I think all of us understand what weeks ago was a sniper attack on an and more dangerous every single day. One of the questions that seems to would be happening in a different situ- Israeli checkpoint where six Israeli sol- ation. And America joins that cat- diers were killed. There was no at- become popular and seems to be in egory, the extraordinary efforts that tempt by anyone on the Palestinian vogue is should Israel be able to retali- we did in the campaign, and we are side to prevent that type of attack. ate. If America can retaliate, why can still doing today, in the campaign in These sniper rifles can shoot several Israel not retaliate? I think that is cer- Afghanistan to avoid collateral dam- miles, an analogy of the distance from tainly the central question right now. age. We all know that there was some, this building to the White House. Lit- The United States of America is right- in fact, some significant collateral erally from a line of sight, someone fully pursuing its own national inter- damage. We killed civilians in Afghani- could shoot with a sniper rifle from the ests. We are not just in Central Asia, stan, and it is a tragedy that we did, top of this building, the Capitol, to the but looking very closely at the situa- but we made extraordinary efforts to White House. tion in Iraq and any other country, the prevent it, and at risk to our men and Once that attack occurred and there axis of evil, and trying to figure out women as well. was no attempt to stop it, and many what rogue governments are harboring That is what is happening in a sense people are aware of the geography of terrorism. on the ground. But at the same time the State of Israel, effectively Prime Just as we in America are doing that, this is going on today, literally today, Minister Sharon made a decision that surely it is in Israel’s national interest this evening, in both the United States the Israelis had to protect themselves. to do everything that they can to neu- and in Israel. The President has asked Not until that occurred did the Israelis tralize the Palestinian terrorism. I do indirectly, even tried to order the enter any refugee camp. At that point not believe that Washington can jus- Israelis out. If we think about what the decision was made to effectively go tify our actions and condemn their ac- that message is, if we think about what door to door or wall through wall, tions. had occurred, what brought the Israelis house to house to confiscate every b 2145 to this attempt, for their own survival, weapon, every suicide belt bomb, every I believe that Israel is moving in the it was a series of suicide attacks that rocket; and literally hundreds and do threaten the day-to-day existence of thousands have been confiscated and interest of their own national security, the State of Israel. have been taken. That is in fact a con- as a nation should be. In many re- Mr. Speaker, can we conceive of any tinuation. It is not by choice. spects, their war is our war. Their en- country in the world, and if we put our- I am joined today by a number of my emies are our enemies. Aside from selves in that kind of situation, can we colleagues. On the other side of the Great Britain, Israel is our greatest conceive of the United States of Amer- aisle, a Member who has been a leader ally in the U.N. Year after year, con- ica attempting not to try to protect in terms of things happening in the flict after conflict, Israel has stood by itself? That is exactly what is going on. Middle East and is as concerned as any- America. You cannot make that state- From a historical perspective, there one in the Congress, the gentleman ment about any other country except were two incidents which were water- from Georgia (Mr. KINGSTON). for Great Britain. shed incidents. One was the Karine A Mr. KINGSTON. Mr. Speaker, I I think that in terms of some of the incident, which was the ship with over thank the gentleman for his leadership issues that we are dealing with, I am $20 million of weapons that came from on this issue. I apologize for being late. very pleased that Colin Powell is over Iraq that Israeli commandoes com- I have a number of comments that I there. I hope he is successful in his mandeered. want to make initially. mission. I hope he can calm the waters. Both the Israelis and the Americans Mr. Speaker, Rudy Giuliani said after But I do not think Sharon should back had direct evidence of Chairman Ara- September 11 that he felt like Winston down until the Palestinians guarantee fat’s personal involvement in the pur- Churchill felt when London was under a cease-fire and some sort of a way to chase and operation to bring those attack. Today the folks all over Israel, assure them that Arafat can, if he still weapons into the Palestinian Author- not just in any particular city or pock- has control, neutralize his followers. I ity area. And in fact the only plausible et, must have that same feeling. They do not know that he has that anymore. excuse Arafat had was he was not on have now suffered over 18 months of When Colin Powell testified before our the ship. terrorist attacks that have killed over Foreign Operations Committee about a As has been reported in the press, 400 of their citizens, injured thousands, month or 5 weeks ago, I asked, are we Colin Powell called Chairman Arafat and distressed millions. ready to move into the post-Arafat era April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1141 of the Middle East? At that time people The activities of Saudi Arabia are Mr. DEUTSCH. Mr. Speaker, I yield said, ‘‘It’s probably too early to talk perhaps the most troubling of all. One to the gentleman from Virginia (Mr. about that.’’ I think there is fear, well, should note that there are two coun- CANTOR) who is an outstanding new could it get worse if Arafat is gone? No tries that provide compensation to the Member that again, from the day he ar- one knows the answer to that, but we families of Palestinian suicide bomb- rived, has thrust himself and been in- know under the current course it is ers: Saudi Arabia and Iraq. One is con- volved in foreign policy issues, particu- getting worse and worse. So I do not sidered a friend and the other a foe. If larly in the Middle East, and has think we should be afraid to talk about this is the case, why are both behaving worked as hard as any Member to try a post-Arafat era at all. in the same despicable manner? These to gain peace in the region. Mr. DEUTSCH. Mr. Speaker, I yield nations are crucial to a resolution to Mr. CANTOR. Mr. Speaker, I thank to the gentleman from New York (Mr. this conflict and must assume a profile my colleague from Florida for yielding CROWLEY) who has worked from the commensurate with their standing and and I appreciate his willingness to first day he was in the United States influence in this region. share time in this debate and for his Congress to try to bring peace to the I am encouraged by Secretary Pow- work on behalf of the U.S.-Israel rela- Middle East. ell’s visit to the region, but he cannot tionship and also would like to recog- Mr. CROWLEY. I thank my colleague secure peace on his own. A lasting nize my colleague from Georgia and his from Florida for calling this special peace can only be secured in a regional leadership on this issue as well. order this evening. I would start off by context in which all parties contribute Mr. Speaker, I rise today on a very saying that the initial numbers that to a cessation of hostilities on the solemn occasion. Today is Yom you had on your chart were staggering. ground. Until that occurs, I fully sup- Hashoah, the Day of Remembrance. I think more of that information needs port the steps that Prime Minister This is the day that we recognize and to be told to the American people. I Sharon is taking to ensure the safety remember those 6-million-plus individ- think they need to understand exactly of his people, the Israeli people. If uals, innocent men, women and chil- what the size of the state of Israel is President Bush had not acted deci- dren who lost their lives in the un- and the type of pressure that they have sively against those who perpetrated speakable horror of the Holocaust, an been under for the past 18 months. I the acts and attack of terror on New evil associated with that era the likes think more of the news agencies need York and on the United States on Sep- of which the world had never seen. to focus not only on single events but tember 11, the people of this country But, Mr. Speaker, we are here to- on the multiple events that have taken would be calling for his resignation. night once again, this evil has reared place over the last 18 months. If they Now this administration is being crit- its ugly head. On 9–11, as my colleague could show not just one incident but ical of Sharon for taking similar action from New York just indicated, this evil how over the last few weeks there have in his own country. The hypocrisy, in and the individuals behind the terrorist been multiple incidents throughout my opinion, is staggering. attack stopped at nothing to kill inno- This is not a question of being either Israel, I think people would begin to cent men, women and children on the pro-Israeli or pro-Palestinian. It is a get a better understanding exactly streets of New York, in the World question of being against terrorism, no what type of threat the Israeli people Trade Center, and here in the Wash- matter where it is found and no matter are really facing. ington area at the Pentagon. Mr. who may be the victims. While the vio- I regret the fact that there is a need Speaker, it is that same evil, that same lence rages on, there are children that for me to even be on the floor this hatred that is perpetrating the vio- hope to go back to school and people evening to address this important lence and committing the terrorist at- that hope to go back to work and hope issue, but the events of the last 18 tacks in Israel throughout that tiny to do that in an environment free of months require a response. Last sum- country. terrorism. It is essential that we take mer, Chairman Arafat, Prime Minister I applaud President Bush and his ad- the necessary action to turn all those Barak, and President Clinton were ever ministration for drawing the appro- hopes into reality. so close to reaching an accord to bring As a New Yorker, as someone who priate moral structure and guidelines peace to the Middle East after decades has experienced firsthand a family that we must follow as this country of violence. Unfortunately, all the member who was lost on September 11, now engages in the fight for our free- progress and the sacrifices made on the my first cousin, I feel personally drawn dom abroad. part of the Palestinians and Israelis in into what is happening in the Middle As we know, President Bush has out- Madrid, in Oslo, Camp David, and Wye East. I have had many, many discus- lined this as a case of good against evil. were shattered the moment the first sions with people throughout my dis- Very simply, it is time for the nations stone was hurled into the air in Sep- trict. I am heartened to hear, and I am of the world to choose, to choose tember of 2000. Since then, the atmos- not just talking about those who have whether they are with us and the civ- phere on the ground has degenerated, had longstanding sympathies with the ilized world or whether they are with resulting in the death of hundreds of people of Israel, but those who in my the terrorists. Just last week, Presi- people on all sides of the conflict. opinion have had questionable support dent Bush addressed the Nation from As Palestinian suicide bombers at- in the past for the people of Israel, are the White House and said yes, it is tack innocent Israeli civilians and the now I think fully behind the Israeli time for the nations of the Middle East IDF responds by eliminating the Government and fully understand ex- to make that choice as well. sources of that Palestinian terror, both actly what they are going through. I applaud President Bush in his state- sides look to the United States to de- We lost 3,000 people in one attack. ments that the situation that Yasser liver a solution. Although I believe When we looked at the numbers that Arafat finds himself in and the situa- that it is in our national interest to re- the gentleman from Florida (Mr. tion the Palestinian people are in are solve this conflict, I am increasingly DEUTSCH) had put up before, they have due to his own making. He has failed to concerned by the destructive role our lost, I believe, is it six times that fig- do everything he can. He has failed to regional allies have been playing in the ure? renounce terror as a tool to achieve his current climate. The official Egyptian Mr. DEUTSCH. It would be more political gains. I think that the Presi- press cultivates anti-Israeli sentiment than that. Six or seven times. dent ought to be applauded for making through skewed disclosures of the facts Mr. CROWLEY. Six or seven times. It that bold step in the face of very harsh and spin campaigns that do nothing to is staggering. I think we in New York criticism that he is experiencing from improve the status quo. have nothing but sympathy for what all corners of the world. Jordan, who has played such a key the people in Israel are going through, Mr. KINGSTON. If the gentleman role in past years, has thought it best and we believe only the people of Israel will yield, I want to really underscore to remain on the sidelines. I would sug- can make the decisions about their that point, that over a year ago, at gest that the Palestinians view the own safety and the personal safety of Camp David, when President Clinton Jordanian silence as a tacit approval their families. That is why I stand here had Arafat and Barak in, Arafat turned for the continuation of this campaign today in support of your discussion this down the deal that he is now pre- of terror. evening. tending to be behind, or at least the H1142 CONGRESSIONAL RECORD — HOUSE April 9, 2002 Saudi prince’s proposal, give up land b 2200 out the terrorists, but that was the and we will recognize you. And there is Mr. DEUTSCH. Mr. Speaker, I yield only option that we were faced with. It absolutely no assurance that once the to the gentleman from New York (Mr. was not a subject that, if we could have Palestinians have the land, that they WEINER), who also is active and has negotiated, we would not have done it. will turn around and recognize the traveled in this region many times and Frankly, that is the position that state of Israel. The gentleman makes a is personally involved with many of the Israel is in today. great point, and I really wanted to un- leaders in the region as well. Some have paid a great deal of atten- derscore that. Mr. WEINER. I want to thank the tion and given a great deal of credi- Mr. CANTOR. I thank the gentleman gentleman from Florida for organizing bility to the plan proposed by the for that. And as my colleague from this special order, the gentleman from Saudi prince that in exchange for Florida stated earlier, there have been Georgia for his great leadership, and Israel withdrawing to its 1967 borders, a series of opportunities for Mr. Arafat the previous speaker, and I want to the Arab nations would offer normal to rise to the occasion and to dem- pick up on something that the gen- relations, although Libya has said they onstrate his commitment to peace. But tleman from Virginia mentioned. do not want to go along and Iran said instead, we face now calls from all cor- Some have spoken about the neces- they do not want to go along and Iraq ners of the world for the United States sity that there be a process towards said they do not want to go along. to engage in the process, to somehow peace, and I do not think there is any- But nowhere in this discussion has produce a peace. In my mind, that one who disagrees with that. But we anyone really thought through, well, means to pressure Israel. But the also have to recognize that the process why is it that Israel’s borders are not United States and the Bush adminis- in and of itself is not an end; it is to be what they were in 1967? Is it because tration has been engaged in the proc- a means to peaceful coexistence. she is acquisitive? Is it because she is ess. It has been engaged in the process If you look at the history of the Jew- colonialistic? Is it because she is ex- by standing up for the principled posi- ish State, there have really been two pansionist? tion laid out by the President that things going on simultaneously. One Her borders are different than they there is good and there is evil, there has been her Arab neighbors and the were in 1967, because on two separate are terrorists and there are those law- Palestinians trying to wipe her from occasions she was attacked by her abiding citizens. And this country will the globe; while, at the same time, neighbors, who do not even believe she not tolerate, negotiate, or support ter- time after time after time, efforts at has a right to exist. And to a large de- rorist activity. And how can we, when peace have been embraced by Israel, gree, she has already made concessions we see Yasser Arafat and his counter- only to have her pay the price in to Egypt and Jordan. She has shown parts in Israel going in, targeting human lives. more than a willingness to give up land women and children, innocent individ- You can really look at it in two if it meant true peace. uals for death? Going into family occa- ways. Since 1993, there has kind of been That is true, Mr. Speaker, today. You sions like bar mitzvahs and weddings the three yards and a cloud-of-dust look at poll after poll of the Israeli and an individual strapping explosives strategy towards peace in the Oslo Ac- people, even after the horrific events of to themselves, blowing themselves up cords; concession, concession, conces- the past month. You put down on paper and killing these family members at sion given by Israel, with the hope that a proposal that gets true peace for such sacred times in their lives? it will be led into, by recognition by Israel to live with her neighbors, she And we also see the sponsorship of the Palestinians, ultimately peace for would accept it. She would give up the Palestinian Authority and other her citizens. land, gladly do it. Arab regimes sponsoring and giving When that did not work, when that But sometimes there is no deterrent money to the so-called martyrs’ fami- broke down, Israel went for what was to violence. The only way to stop vio- lies, providing an incentive for young essentially the ‘‘Hail Mary’’ pass at lence is to confront it directly. That is men, and now we see women, to blow Camp David, and gave the Palestinians, the unfortunate and untenable position themselves up and in the process kill offered virtually everything; 90 percent that Israel is in. Let me just say, if tens, if not more, of innocent Israelis of the territories that are now in con- there was ever a practice, if there was at a time. And now we see that Israel tention, a divided Jerusalem, even con- ever an example of the Bush doctrine, has gained the momentum, has dem- cessions to try to work out questions of it is tonight in Nablus. It is tonight in onstrated that it has the resolve, both the refugees. Ramallah. It is tonight in the West the spiritual resolve and the material And how is that met with? It was met Bank. resources to do what it must do, just as with by a string of violence that goes When President Bush unified our the United States has demonstrated on to this day. Seventy-three separate country and arguably unified the world that we will do what we must do in terrorist attacks have gone on, taking around the principle that terrorism light of the al Qaeda attacks on 9–11 the equivalent, as the gentleman from needs to be stopped, he said very clear- against the Taliban and al Qaeda forces Florida (Mr. DEUTSCH) mentioned, of ly, it is not a matter for negotiations. in Afghanistan. 20,000 lives, if they were here in the He says it may take a while, and he Israel is manning a counteraction to United States. says we will not rest until every ter- the terrorist attacks that has been in- Some have asked, why does Israel go rorist is rooted out, pulled out by its flicted upon its innocent citizens, and into house by house searches of a town roots, and, if necessary, killed in bat- it must be allowed to root out the ter- like Ramallah? Of those 73 attacks, 40 tle. That is what is going on tonight. rorists, because that is the only way of them came from people who lived in That is what 18-, 19- and 20-year-old that we will achieve peace is to get rid Ramallah. How do we know that with Israelis are giving their lives for to- of the terrorists. such certitude? Because it is no secret. night. Mr. Speaker, I would posit that the They leave a videotape saying why And what is going on on the other equation is very clear. We ought not be they did it, and quickly they are given side? Today on Palestinian television insisting or pressuring Israel when it is money. They are given a bounty by the there were commercials running during doing what we do, and, that is, defend- Palestinian Authority for the great the cartoon hour telling young chil- ing its innocent citizens. We must in- thing they have done. They have given dren, put down your toys, take up your stead demand that the Arab leaders of up their young life for the cause of tak- arms. That is the message that the this world step up to the plate, re- ing away the lives of Israelis. Palestinians are sending to their side. nounce terrorism, and contribute what We have to recognize, and this is an What we are saying here tonight is they must toward the peace in the Mid- unsettling thing for anyone to say, but that Israel is in an untenable position. dle East. certainly for us in a peace-loving de- She chooses not violence; she never The bottom line, Mr. Speaker: First, mocracy, sometimes the only way to has. She chooses not to settle these we must have the cessation of terror, stop someone from killing you is to go matters by force; she never has. She and then talk. First, the recognition, get them and stop them by force. We chooses instead to defend her people, both in deed and in word, of Israel’s did not want to have to send people to and we should stand four-square with right to exist, then diplomacy. go cave by cave in Afghanistan seeking her in her desire to do that. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1143 I yield back to the gentleman from about the same time, 1948. So virtually vived again in 1967. The same in 1973. Florida, with my great thanks. all of these states, including the State The Yom Kippur War when they at- Mr. DEUTSCH. I would like to yield of Israel, established at about the same tacked Israel again, Israel survived. to the gentleman from New Jersey, Mr. time, in the middle of the 20th century. Just as recently as 2 years ago, as ROTHMAN, who is viewed by his col- Well, where is Palestine? Well, there was mentioned by my colleagues, when leagues as an expert in this area and never was a country called Palestine, President Clinton brought Prime Min- has been very influential. ever. Never. Never a country, never a ister Barak from Israel to Camp David Mr. KINGSTON. If the gentleman kingdom, never a country called Pal- along with Yasser Arafat, Israel offered will yield, before the gentleman from estine. Never rulers who called them- some 97 percent of the land that the New York Mr. WEINER leaves, I wanted selves the rulers of the Palestinian peo- Palestinians wanted to the Palestin- to make a point that as long ago as ple, never in the history of the world. ians; said you can have your own state, July 15, 2001, the Jerusalem Post re- But what happened in the middle of Palestinians, you can even have a por- ported that there were four summer the 20th century when all of these tion of Jerusalem as your capital. You camps currently training 8- to 12-year- states were established by the United can have your own state and live in olds for suicide bombings going on. Nations or recognized by the United peace with us. That is exactly what you are saying, Nations, what happened to the Pal- What did Yasser Arafat do when pre- just calling the kids to arms right now estinians? I will tell you what hap- sented that 97 percent of what he want- against Israel. Summer camps training pened. ed? By the way, the first time in his- 8- to 12-year-olds for suicide bombing In 1947, the year before the United tory that a losing power or losing enti- visions. Nations recognized Israel, this was the ty, the Palestinians, who had lost Mr. WEINER. If the gentleman will map that was proposed for what is now every war when they tried to drive yield further briefly, also one has to Israel. In 1947 the U.N. proposed two Israel into the sea, was offered 97 percent of what it had originally been of- wonder why it is when there are these states, an Arab Palestinian state, fered. What did Arafat do 2 years ago stages of violence put on by the Pal- marked here in the gray, with contig- when offered 97 percent? Did he come estinians, why there are always chil- uous outline all the way from the top back and bring a counteroffer? He left dren at the front lines? It is because, to the bottom of what is now Israel. Je- the negotiating table and started the rusalem was not then to be the capital simply put, children are being used as suicide bombings 2 years ago, figuring, of Israel. Jerusalem, according to the the stones of war. In a very cynical as he has for the last 50 years, we will 1947 U.N. two-state plan, was to be an campaign to persuade us that children terrorize the Israelis, force them to are being put in harm’s way, they are. international city. The areas in yellow give up strategic sites, more than 100 They are being put in harm’s way by were to be the State of Israel, along- percent, and then eventually we will mothers and fathers who are being told side this Palestinian state offered in take those sites and we will drive them by their leaders that is the pathway to 1947 by the U.N. entirely out of the region. That is what peace. What did the Palestinians do when Arafat has been doing. Mr. ROTHMAN. Mr. Speaker, I thank they were presented this offer of their Now, people always ask me, Steve, the gentleman for allowing me to par- own state in 1947? They rejected it to- what possibly could be the conditions ticipate in this presentation tonight. tally. They rejected it totally. They for peace? I tell them three things. Particularly I would like to thank my said we do not want to live next to a There are three conditions for peace colleague, the gentleman from Georgia Jewish state. We want the entire enti- between the Arabs and the Israelis. (Mr. KINGSTON), for his leadership on ty, all of this, or none. So the U.N. Number one, every nation in the this issue over a number of years, and said, you know, England, who owned world, especially the Arab nations and as well my colleague, the gentleman this land after World War I, after they the Palestinian people, must recognize from Florida (Mr. DEUTSCH), for his got that land as part of the spoils from that the United States of America will leadership, in making sure that Amer- the Ottoman Empire when the Otto- never abandon its 50-year-old friend, ica’s number one ally in the Middle man Empire, Turkey, was defeated in the State of Israel. Not just because East, our number one strategic ally, World War I, they were allies of Ger- Israel is America’s most important Israel, is safeguarded. many, England got the land. The strategic partner in the entire Middle But you know, my friends, I think it United Nations said okay, if the Pal- East. Israel, the only dependable, the is time for a little history, and in 5 estinians do not want to live and share only democracy in that sea of dictator- minutes I would like to give a little this land with the Jewish state as ships and totalitarians; Israel, Amer- history lesson. I think it is important neighbors, in 1948 the United Nations ica’s forward battleship of military in- to know what the facts are. declared this whole area the State of telligence and co-development of mis- A lot of people think that the State Israel, recognized by the United Na- sile defense systems. of Israel is somehow a stranger to the tions in 1948. b 2215 Middle East, is brand new, a brand new What happened in 1948? All of the ar- Israel, on the front lines of democ- country in the Middle East, amidst, mies of the Arab nations surrounding racy in a world of terror. But America people think, Arab countries in par- invaded Israel in 1948. They said, we does not give up its friends when con- ticular that have been there for cen- will drive the Jews into the sea, fellow fronted by terrorism or threats or Palestinians, and then you can have turies. Nothing could be farther from blackmail. So that America will never that one state. You will not have to the truth. abandon Israel is the first condition, Let us take a look at the map. First live next door to the Jews, the Jewish and the world has got to know that. of all, you see the map of the Middle state. Something miraculous happened. Number two, America has to con- East, a rather large area. As you can The Jewish State of Israel survived, vince the world, and the world has got tell, this tiny little speck here, this even though they were out numbered to understand, just as the United Na- sliver of land, that is the State of more than 30 to 1, the Jewish State of tions in 1948 and the United States and Israel. Here is Egypt, Syria, Lebanon; Israel survived in 1948. the Soviet Union and all the countries Iraq is here, Iran is here, Saudi Arabia What did the Palestinians do who of the world agreed, this shall be a is here, Oman here, Yemen here, Ku- fled? They went to refugee camps. Jewish State, the State of Israel, sur- wait is here. Look at this entire huge What did their Arab brothers and sis- rounded by states ruled by other reli- land mass, and look at tiny little ters do when they fled Israel? They gions, but this shall be a Jewish state. Israel. That is number one. kept them in refugee camps all over So today Israel will be and shall always Number two, when did these Arab the Middle East, their Arab brothers be a Jewish state, albeit tiny, almost States come into existence? Have they and sisters. What else did they do? 1956, infinitesimal in the Middle East. been around for centuries? Let us take they attacked Israel again and they Finally, the third condition of the them one at a time. Iran, established in lost. Israel survived. 1967, they all sur- United States never abandoning Israel, 1935; Iraq, established in 1932; Syria, rounded Israel again, attacked Israel Israel always being regarded as a Jew- 1946; Lebanon, 1943; Egypt, 1952; Saudi again, said we will drive the Jews into ish state, but the third element, to par- Arabia, 1932; Jordan, 1946; and Israel, the sea, destroy Israel. The Jews sur- aphrase former Israeli Prime Minister H1144 CONGRESSIONAL RECORD — HOUSE April 9, 2002 Golda Meir, the Palestinians have to those 60 countries. Do not pursue these unclear whether it would have passed, accept responsibility for their own terrorists. You have already made too but it probably would have passed. statelessness. The Palestinians have to many waves. What would we Ameri- When that offer was made and even en- love their children and love the idea cans say to that? Tell them to go jump hanced at the Taba discussions, it was that they can have their own country in a lake, or perhaps in stronger lan- rejected by Chairman Arafat and the more than the Palestinians hate the guage, we would tell them, we are Palestinians. thought of living next to a Jewish going to get these people who killed In any negotiation, and I ask people state in an otherwise Arabian Middle our innocent men, women, and chil- to think about their own lives and East. dren. their own interactions with people, in Once those three conditions are met, By the way, these people do not ask any negotiation, if someone made what the parties can go to the negotiating us for anything, just like the Palestin- you know is your bottom, bottom, bot- table. The Israelis have already over ians do not want to negotiate. They tom line, you know that you cannot the years, with whoever has agreed to want the end of Israel, this present possibly, under any circumstances go sit down with them, generally, for Palestinian leadership. Al Qaeda does further, and the person on the other peace, Israel makes trades, land for not want to negotiate with America; side of the table rejects that, can you peace. They did it with Egypt in wars they want to destroy America. When actually believe that there is any pos- of defense. Israel conquered the Sinai the Palestinian people understand that sibility for an agreement with that per- when Egypt kept attacking year after America will never bend on Israel, that son? year. In exchange for peace, Israel gave Israel will always be a Jewish state, When Prime Minister Sharon has up the Sinai, all of it, back to Egypt. and that they are ready to live in peace talked about this war as a war of The same with Jordan. They made next to the Jewish State of Israel, al- Israel’s survival and Israel’s war of peace with Jordan and established mu- beit in a sea of Arab nations, then the independence, I think there are some tually agreed-upon borders. And they Palestinian people will get what all of real points that lead to that; and that have made other concessions as well. Israel’s neighbors have gotten: peace has also been a theme for most, in fact Even in Lebanon when they had to in- with Israel. Until then, America must probably all, of the speakers at some vade Lebanon because they were being stand up for Israel, its number one ally level this evening, that there is still to rocketed by Lebanon, they withdrew to in the Middle East. this day not an acceptance by Chair- internationally accepted borders in If we look at the U.N.’s voting man Arafat and by many Palestinians Lebanon. record, of all of the nations in the Mid- of Israel’s, literally, their right to So is Israel prepared to make conces- dle East, Israel is at the very top sup- exist. sions, land for peace, even with armies porting the United States of America. Mr. ROTHMAN. Mr. Speaker, will the and peoples who despise them and try If we were to abandon Israel now or tell gentleman yield for a minute? to drive them into the sea and put Israel not to finish rooting out the ter- Mr. DEUTSCH. I am happy to yield. their children to death for 50 years? rorists, it would be as if we were say- Mr. ROTHMAN. There are some of They are ready to make that decision. ing, it is possible for terrorists and sui- my dear friends and people I have never But what is missing? What is missing cide bombers to blackmail people of met who have asked me, Steve, how is a Palestinian leadership that is goodwill, people who live in democ- long is this going to take? It is so dis- ready to live in peace next to a Jewish racies. It is possible for them to stop us turbing to see people being killed, the state, the only Jewish state in the from defending ourselves and our own cameras recording warfare. And I say world, the one established by the U.N. families. We will not do that as Ameri- this: America fought the Soviet Union in 1948, the State of Israel. If the Pales- cans. We would not let anyone do it to for decades. We had thousands of nu- tinian leadership continues to demand us, so we shall not and will not let any- clear missiles pointed at us for decades. that Israel be obliterated, even though one do it to our number one ally in the We did not give up. We should not give it was established in 1948 at the same Middle East, the State of Israel, the re- up on our war against al Qaeda until time as all of these other countries, the gion’s only democracy, our best friend we are certain that we have them on middle of the 20th century. Israel is no in the region for 50 years, our strategic the run, until we are protected. We stranger to statehood. When we com- military and cultural partner for 50 should not give up on Israel. We should pare to it Syria, Iraq, Iran, Saudi Ara- years, this tiny little courageous de- allow Israel to take the time Israel bia, Egypt and Jordan, they all came mocracy, the State of Israel. needs to make its people safe. Because about the same time. When the Pal- Mr. DEUTSCH. Mr. Speaker, I thank do we know what will happen? Once the estinians elect a leadership ready to the gentleman from New Jersey. world understands that America will make peace with Israel, Israel will We have had a great deal of discus- not give up Israel, that Israel will al- make that peace. sion about Chairman Arafat specifi- ways be around as a Jewish state, and But finally, what do we ask of the cally and the interest to try to resolve that it is the Palestinian people’s own Israelis now, when Yasar Arafat en- the conflict. One of the things which interest to live in peace and freedom courages in Arabic and in English his has been pointed out by several of my next to Israel, then we can give the people to be martyrs, to blow them- colleagues is the Camp David agree- Palestinian people what we want for all selves up in restaurants and religious ment, where literally, Israel put on the people: peace and a good life. But they observances? We say, do what America table an offer which was far beyond must have leaders who will say in will do and is doing now. Fight for your any of the so-called red lines that English and in Arabic to themselves lives. Fight for your children. Do not Israel had ever talked about before, and the world, we are ready to live care what the world has to say. You de- giving up the vast sections of Jeru- next to the Jewish State of Israel in fend yourself, protect your people. Peo- salem, an independent state, giving up peace. When that happens, as history ple say to get the Israelis to withdraw 98 percent of the area in the West Bank has pointed out, they will sit at the ne- now before they finish rooting out ter- and Gaza and, in fact, equalizing the gotiating table directly with Israel, rorists from the areas controlled by the area, the other 2 percent, far beyond, and they will get a peace that they can Palestinian Authority, that would be actually the Temple Mount itself, the live with, that Israel can live with, and like someone saying to us in America, holiest place to Jews in the entire we will have a new era. But until they leave Afghanistan right now. After all, world. Literally, an offer on the table are ready to have that kind of Pales- you have substantially done much of that was far beyond anything that any tinian leadership, Israel must do every- what you wanted to do. Leave it now. Israeli leader had ever talked about; in thing it needs to do to keep its people And also, America, by the way, even fact, something which, for those who safe, as we expect our government to though there are al Qaeda terrorist follow Israeli politics understand could keep us safe from al Qaeda. cells in 60 countries around the world, never have been approved by the Israeli Mr. DEUTSCH. Let me again men- terrorist cells plotting to overthrow Knesset. And Prime Minister Barak tion a follow-up to that point directly. the United States or cause additional had actually said this and was ready to The modern State of Israel, as the gen- terrorist attacks on innocent American bring that proposal to the Israeli peo- tleman pointed out on his chart, is 54 civilians, they say, America, leave ple, effectively a plebiscite, and it was years old, and there are still many in April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1145 the Palestinian community who again viving. Then suddenly, almost over- does that say about us? What does that do not accept Israel’s right literally to night, there was a collapse of the ter- say when we go looking to the world exist, want Israel to be destroyed, and rorist infrastructure that has made us for our friends to help us? for many in the Palestinian commu- today a much safer country. We cannot abandon Israel. Stand nity, Israel is viewed no differently The same strategy is being pursued, with Israel. Let Israel carry the day than the crusaders who took 150 years although it was not their first choice, and rout out these terrorists. Let us for the crusaders to leave. It is only a by the Israeli government. I think we get a just peace between the Israelis third of the way to that time frame. make a mistake when we say, well, as and Palestinians. But I think for those of us who un- unsettling as this is, it has to end to- If the Palestinians ever put together derstand the history of the State of morrow or the next day. It may take a a leadership, because the other Arab Israel, it is not crusaders. I think part while. nations force them, or they on their of what is going on now, and we can see It is estimated that for every suicide own demand it of their own leaders, if it ourselves on TV or read about it, is bombing, it takes 40 individuals to they put together a leadership that is that the Jews that are there are not make that bombing happen. There is committed to living in peace next to leaving. This is a permanent home. the person that puts the bomb to- the Jewish state of Israel in their own This is not a temporary home. This is gether, that figures out the lock, that state of Palestine, then but only then not a way station for the Jewish peo- locates the person who is going to do will the Palestinians have what they ple; this is a permanent residence. I it, that makes the harness that goes want, which is their own state. think when the Palestinians under- around. It is up to the Palestinians, and it is stand that, and I think that they will Destroying that infrastructure may up to their Arab brothers and sisters to understand it, maybe they will not un- take a little while. But the only way to make them realize that they cannot derstand it this week or this month or do it is not to look at what is going to continue to reject the offer of peace and statehood that Israel and the world maybe even this year or maybe even be on tomorrow’s television, but to has been making to them since 1947. this decade, but when they understand think about how we do it in the con- Mr. DEUTSCH. If the gentleman text of a military operation against a that, the peace that the gentleman would yield, I think one of the inter- very difficult foe to catch. talked about that was on the table at esting things also, as we enter a dia- When we watch those images, and Camp David will be an accepted peace. logue stage this evening, it is impor- they are unsettling, there is nobody in Mr. ROTHMAN. Mr. Speaker, if I tant to note that the gentleman’s com- Israel, I can say almost to a person, could make one final comment, I know ments were so much on point regarding who thinks this is a desirable way to the gentleman from Georgia wanted to the leadership of the Palestinians. make additional comments as well. go, but it is the only way to catch I think there has been a misplaced What the American people should be them where they are. I thank the gen- emphasis in many ways by this admin- doing and the American Government is tleman for yielding to me. istration on calling Chairman Arafat saying to the Palestinian people and Mr. ROTHMAN. To build on that last the leader of the Palestinians. Let us all of the other Arab nations is the fol- point, by the way, it is important to be very specific. I think most Ameri- lowing: get a new leadership in the Pal- remember that while we were at war, cans need to really understand this, estinian Authority who will be ready the Cold War, but nonetheless a very that Chairman Arafat was elected, but to accept living in their own state next dangerous war with the Soviet Union what he did was he refused to have a to the Jewish State of Israel. When the for 50 years, we are now friends with reelection. His term of office ended in Arab world forces that upon the Pales- Russia. We had a terrible world war 2000. tinian leadership, then we can have against the Germans and Japanese, ter- All of us who are elected officials, we what we want for the Jews and the Pal- rible losses of life, lasting years. Now stand for election every 2 years, and in estinians together, to live together in we are best friends. We had a revolu- the Senate every 6 years, and the peace. Until then, it breaks my heart tion against the British and now we are President every 4 years. I was an elec- that the Palestinians are suffering at best friends. tion observer. Some of us have partici- the hands of their own misguided lead- There is no reason, once this effort to pated in international election obser- ers who, even after 54 years, will not rout out terrorists concludes, that the vation teams. I was an election ob- accept the existence of the State of Israelis and Palestinians cannot be server this past year in Belarus, where Israel. friends. the president of the country reelected Mr. DEUTSCH. Mr. Speaker, I would f himself. We do not recognize their gov- like to yield the last moments of my REQUIREMENTS FOR PEACE WITH ernment. Yet, our government says time and, hopefully, he will be able to ISRAEL that Chairman Arafat is the chosen claim some of his own time, to the gen- leader, when he chose not to have an tleman from Georgia (Mr. KINGSTON). The SPEAKER pro tempore (Mr. election. Mr. KINGSTON. Mr. Speaker, let me FLAKE). Under the Speaker’s an- Mr. ROTHMAN. If I may, as far as I yield to the gentleman from New York nounced policy of January 3, 2001, the am concerned, the Palestinians need to (Mr. WEINER), because I know he want- gentleman from Georgia (Mr. KING- take responsibility for choosing their ed to make a comment. STON) is recognized for 60 minutes. own leaders. If they choose to call Mr. WEINER. Mr. Speaker, I thank Mr. KINGSTON. Mr. Speaker, I yield Yasser Arafat their leader, so be it. But the gentleman for yielding. I just want- to my friend, the gentleman from New that does not change what we as Amer- ed to comment on the points made by Jersey (Mr. ROTHMAN), to let him finish icans must do. my colleagues about the expanse of his comments. We must say to the Palestinians, time. We frequently get into the mis- Mr. ROTHMAN. Mr. Speaker, I thank they have to put forth a leadership guided notion that everything has to my dear friend, the gentleman from that announces in English and Arabic run on a 24-hour news cycle, that some- Georgia, for yielding. and to the world that they are ready to times we see something unsettling and All is not lost. We should not lose live in peace next to the Jewish state we think instantly it is going to hope. As heartbreaking as it is to see of Israel, something the Palestinians change. these terrible images on our television, regrettably have refused to do, believ- and we wonder what is going to happen, ing that they would intimidate, ter- b 2230 some things take time. But we have to rorize, or in other ways use the lever- I would remind my colleagues and re- do them right. age of middle eastern oil to force mind those viewing at home that the Sometimes our friends are put in America or Europe to make Israel first several weeks of the campaign very dangerous, difficult positions. We weak enough so that they could fi- against terror, against al-Qaeda in Af- do not abandon our friends. To have a nally, after 5 attempts to destroy ghanistan, we were all commenting, friend, as my dad used to say, you must Israel in five wars, they could finally oh, my goodness, this does not seem to be a friend. If we step away from our destroy Israel. be working, this does not seem to be friend, Israel, after a friendship of an What they are learning now is that working; the terrorists seem to be sur- unparalleled kind for 50 years, what Israel will not be defeated militarily or H1146 CONGRESSIONAL RECORD — HOUSE April 9, 2002 morally, since they have the legal because he has actually broken down ship with that structure. It is not cred- right recognized by the U.N., and were Arafat’s connection to terrorism in a ible. It is not believable are. It is not established at the same time as all particular region or city, has he not? the truth. those other nations in the middle of Mr. DEUTSCH. This is really the Mr. ROTHMAN. If I can offer my the 20th century, and that they, the question on what has occurred, and the agreement, Yasser Arafat is a terrorist. Palestinians, are the only ones. They Israelis and the Americans, Israel He is no Boy Scout. But that does not must look in the mirror if they are wants a peace partner. Israel wants to mean that he cannot make peace and looking for the culprit as to who has have peace. Israel offered what we have be a partner in peace if he chooses. The deprived them of statehood. discussed previously. They have nego- problem is, so far, since 1948, since The Palestinians were offered state- tiated with Chairman Arafat. Israel was recognized by the United Na- hood in 1947 by the U.N. They rejected But I think what has occurred in the tions, America, all the major nations it. They were offered it again in 1967, present time is not that Arafat might of the world as an independent state after they invaded Israel, along with or might not be, is trying or is not try- and an independent country, since the all the other Arab armies. They re- ing, but I think the facts are there: Palestinians rejected their own state jected it. In the year 2000 at Camp Arafat has direct personal involvement offered by the U.N. in 1947, Arafat has David, they rejected a proposal for 97 in terrorism. He is a terrorist. never said, never, we are prepared to percent of what they wanted, even The President got a little squeamish live in peace next to the state of Israel, though they were the defeated entity. when the press asked him, is he a ter- the Jewish state; never once. They did not even come back with a rorist. He refused to answer. Not only The interesting point would be, what counter offer. does he have blood on his hands yester- if Arafat said that in English and Ara- It is time for the Palestinians to say day, he has blood on his hands today. bic? What if all the other leaders of the to themselves, do you know what, it That is the person that the United Arab world were to say, you know, that has been 55 years since 1947, since we States is requesting and demanding is all that Israel has been asking for for turned down a Palestinian state be- that Israel negotiate with, at the same the last 55 years of its existence, not- cause we did not want to live next to a time saying that we refuse to negotiate withstanding the fact that we in the Jewish state of Israel. We hoped this with terrorists. Arab world have tried to drive these Jewish state, as tiny as it is in the Mr. KINGSTON. Further than that, if Jews into the sea for the last 55 years, huge Middle East, that the Jewish we do not call Arafat a terrorist, could without success. All the Israelis have state would no longer exist. we say that the PLO harbors ter- ever said they want is to live in peace They made a big mistake. It is time rorism? And certainly I think we would with their Arab neighbors. All they to give their children, their own Pales- say yes to that, as well. want from their Arab neighbors is a tinian people, the blessings of a state Mr. DEUTSCH. And let me go pledge to live in peace with them. and liberty next to the Jewish state of through the chart, which I think is in- When Egypt made that offer, there is Israel. teresting. now a peace between Egypt and Israel, Mr. DEUTSCH. If the gentleman Chairman Arafat is part of the Fatah and Lebanon and Israel, and Jordan could yield, I have a blow-up of a letter organization. Actually, I believe the and Israel, albeit there are still some which has been in the press, and unfor- gentleman has a chart, as well, which radical terrorists in Lebanon, fomented tunately, I think it is something which is very interesting and relevant to this. by Syria to try to stir things up. has not gotten enough press attention The Fatah organization is an organiza- But what we really need to do is to at this point. I think it is a very sig- tion that, in a particular region, many put the pressure on the Arab world, our nificant letter. It is a letter that was of us have heard of the city, the occu- friends, the Saudis, who we have done found in the Ramallah headquarters by pied and the non-occupied Tulkarm. It so much for, saved their necks count- Israeli defense forces troops. It is is a city with a leadership structure in less times so they could charge us there, it is real. There is other infor- Fatah, an organizational structure. whatever they wanted at the oil mation that I will present, as well, but There was a gentleman, Marwan pumps, but nevertheless, we did it, we it is disturbing, to say the least, in Barghouti, Nasser Awis, Ra’ed Karmi, saved their necks, say to the Saudis, terms of the whole concept of inter- whose name was one of the names on tell Arafat his dreams of driving the acting with Chairman Arafat as a lead- the previous list as getting direct pay- Jews into the sea are over. If he wants er in terms of his direct personal in- ment. to help the Palestinian people, tell him volvement in terrorism. Mr. KINGSTON. These men, they all to live in peace with Israel, the Jewish I started this evening talking about lead directly to Arafat? state, and they will have negotiations his direct, personal involvement with Mr. DEUTSCH. They have said if and they will have a Palestinian state. the Karine-A incident, which was a di- Chairman Arafat requests, they will no Why do not the leaders of Saudi Ara- rect violation of Oslo, sending weapons longer engage in terrorist activities. bia, Egypt, Jordan, Syria, Lebanon, to the Palestinian Authority, which Again, what the gentleman’s chart and all the Arab countries, make that was documented, which the Americans points out is this organization, Fatah, demand to Arafat if they really are completely understand. which is directly tied to Arafat, in concerned about the Palestinian peo- I think that is what is probably most which the people themselves have said ple? And I say to my friends, the Pales- troubling to the President of the they report to Arafat, they have pub- tinian people, rise up and overthrow United States, because I do not believe licly stated if Arafat says to stop vio- Arafat. that he wants to deal with this gen- lence, they will stop violence. tleman at all, because he understands The chart there is very illuminating, b 2245 who he is. the gentleman’s chart, which points Get yourself leaders who will make If I can just read some of the spe- out that in September to December of peace for your children’s sake. cifics, this is a letter to Chairman last year there were nine terrorist inci- Mr. DEUTSCH. Mr. Speaker, if the Arafat from assan al Ashid, who is a dents and 66 Israelis were killed, the gentleman would yield on a specific senior Fatah activist in the West bank, equivalent of more than one 9/11 for the point which he brought up again which specifically asking for sums of $2,500 state of Israel, that Fatah itself, Ara- is very much relevant to what is going for the following brethren: three gen- fat’s organization, claimed responsi- on. tlemen who are specifically terrorists, bility for nine incidents. The gentleman mentioned Lebanon. they are known terrorists. And in Ara- In January to April, when 99 Israelis For the last several days every day fat’s personal handwriting, with his were killed, several 9/11s, 67 were there have been artillery attacks from signature, he says, ‘‘I will allocate $600 claimed by Fatah. Sixty-eight percent Lebanon to northern Israel. When to each of them’’ on September 19 of of this is suicide bombers were directly Colin Powell and the President are 2001. I do not think we need anymore claimed by an organizational structure calling for a cease fire, that is a cease proof. that reports to Arafat, that the mem- fire they should be calling for. That is Mr. KINGSTON. I would like to see bers of that structure report to Arafat, a border that has been peaceful, and the gentleman’s other chart, as well, and yet Arafat says he has no relation- there is absolutely no reason at all for April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1147 artillery to be shot at. We have men- lynch pin to peace in the Middle East is us to do things. And that is not the tioned this and many of us who have settling the Israeli-Palestinian con- message that I believe President Bush spoken this evening have talked about flict, then tell the Palestinians to ac- has sent to the world nor can we send the analogy to the United States. cept statehood, the statehood that has to the world. Could you imagine how we would re- been offered to them for 55 years, or at We need to be supportive of Israel spond if there was artillery fire over least to sit down at the negotiating and its efforts to eliminate terrorism the Canadian border or the Mexican table after having said, yes, we are pre- as they were of us, as the rest of the border? There was a point in time when pared to live in peace next to the Jew- world was of us, as all Americans are that happened many years ago, and we ish State of Israel. Then the Arab with us. And I urge the President to invaded both Canada and Mexico. world can get the peace it says it needs continue in those efforts in the coming Mr. KINGSTON. Mr. Speaker, if the before they then can free their own days. gentleman would yield, I wanted to people. Of course, that is ridiculous. Mr. KINGSTON. Mr. Speaker, I pull out the gentleman from New Jer- These Arab dictatorships, monar- thank the gentlemen for their leader- sey’s (Mr. ROTHMAN) map again, be- chies, totalitarian regimes throughout ship on this issue. cause we cannot emphasize this the Middle East they can free their f enough. Here is little Israel surrounded people right now, but they will not. by Saudi Arabia, Yemen, Iran, Iraq, Af- They would rather distract them with LEAVE OF ABSENCE ghanistan on the other side of it, Syria, the Israeli-Palestinian conflict. If By unanimous consent, leave of ab- Lebanon, Egypt, Somalia, Eritrea. It is there needs to be pressure, it needs to sence was granted to: not exactly the kind of neighborhood be put on the Arab regimes to force the Mr. BECERRA (at the request of Mr. that is very pristine and peaceful and Palestinians to give their own people a GEPHARDT) for today on account of stable to begin with. Israel would not state by agreeing to live next to Israel. business in the district. go out aggressively and start a con- Mr. KINGSTON. I thank the gen- Mr. RYAN of Wisconsin (at the re- flict, as the gentleman pointed out, and tleman. I want to yield to the gen- quest of Mr. ARMEY) for today and the I want to do it again. Statehood for tleman from Florida (Mr. DEUTSCH) for balance of the week on account of the these countries: Syria, 1946; Iraq, 1932; closing remarks and also I am ready to death of his stepfather. Iran, 1935; Saudi Arabia, 1932; Jordan, close. 1946; Lebanon, 1943; Egypt, 1952. To say I think that in my final words that f Israel is the interloper because of 1948 we need to stand with our ally, Israel. SPECIAL ORDERS GRANTED We need to understand that they have is absurd, particularly given the fact By unanimous consent, permission to the right to defend themselves, and we that this is such a sliver of land here. address the House, following the legis- need to have that message heard in the Mr. ROTHMAN. My colleague makes lative program and any special orders Middle East that we believe that Israel such a wonderful point. The Israelis are heretofore entered, was granted to: does have this right and is acting ac- outnumbered 39 to one, some extraor- (The following Members (at the re- dinary number like 325 million Arabs cordingly. quest of Mr. DOGGETT) to revise and ex- Mr. DEUTSCH. Mr. Speaker, I thank and close to 6 million Israelis, most of tend their remarks and include extra- the gentleman for yielding to me. them Jews, some Christians, some neous material:) Israeli Arabs, outnumbered 39 to one. I think by definition every day we Ms. KAPTUR, for 5 minutes, today. There is no oil in tiny little Israel. wake up we live in historical times. In Mr. PALLONE, for 5 minutes, today. None. Tiny little Israel in a sea of this Chamber where we speak, it is the Mr. HOYER, for 5 minutes, today. other nations. Why do they focus so oldest. We are as America the oldest Ms. NORTON, for 5 minutes, today. much attention on Israel? Why do they democracy literally in the history of Ms. JACKSON-LEE of Texas, for 5 min- not just give their own people in Saudi the world. Many people do not know, but the law givers of the world, the law utes, today. Arabia, it is a monarchy, a kingdom, (The following Members (at the re- why do they not give their people de- givers of the world watch us in this Chamber. In fact, the greatest law quest of Mr. WELDON of Florida) to re- mocracy? vise and extend their remarks and in- How about in Iraq? We know they are giver in the history of the world is the clude extraneous material:) a dictatorship under Saddam Hussein. gentleman in the center of the Cham- Mr. RAMSTAD, for 5 minutes, today. Why does he not give his people democ- ber, Moses. Mr. WELDON of Florida, for 5 minutes, racy and freedom? In Iran they have We are part of history as we speak today. the mullahs, the religious council who here tonight and as we take action as Mr. PAUL, for 5 minutes, April 10. are dictators themselves. Even over an Americans, as a Congress and our ally, Mr. GEKAS, for 5 minutes, today. elected Iranian president, the religious Israel, takes action this evening. And I Mr. JONES of North Carolina, for 5 council overrules the elected officials. think the purpose of different Members minutes, April 10. Why do they not give their people free- from throughout the country getting Mr. FOLEY, for 5 minutes, today. dom? together this evening to speak about The same as Syria with a totali- this issue is to talk about our concern. f That as much as we hope and we pray tarian regime. Syria, who by the way SENATE BILLS REFERRED has 45,000 Syrian troops in Lebanon. and we work towards Colin Powell’s ef- They are occupying Lebanon, Syria is. forts for a cease fire, which again we Bills of the Senate of the following But why does the world focus attention were completely united in and support titles were taken from the Speaker’s on the tiny little only democracy in for, at that same time we urge Colin table and, under the rule, referred as the entire Middle East, Israel? Powell and particularly, obviously, the follows: Well, you know that saying when you President who Colin Powell works for, S. 1222. An act to redesignate the facility have trouble at home you try to dis- that the President understand that we of the United States Postal Service located tract the locals by creating a bogey- are listening to him. We are supportive at 89 River Street in Hoboken, New Jersey, man somewhere else. Rather than have of him in the efforts against terrorism. as the ‘‘Frank Sinatra Post Office Building’’, to the Committee on Government Reform. the people living in these oppressive But to stop Israel, to attempt to stop S. 1499. An act to provide assistance to totalitarian countries fight against Israel from rooting out terrorism is small business concerns adversely impacted their totalitarian dictatorial rulers, sending a wrong message to terrorists. by the terrorist attacks perpetrated against they say all of your problems are It is saying that terrorism succeeds, the United States on September 11, 2001, and caused by the tiny little Jewish state that terrorist actions will get the for other purposes to the Committee on all these miles away who we out- United States to do things against its Small Business. number 39 to one. It would be laugh- allies; that you can bomb us; you can f able if it were not such a horrible ter- suicide bomb us; you can sniper attack rible tragedy. bomb us; you can kill our children, our ENROLLED BILLS SIGNED America needs to talk to the Arab women at sacred events in the most in- Mr. Trandahl, Clerk of the House, re- world and tell them, if you think the humane conceivable things and force ported and found truly enrolled bills of H1148 CONGRESSIONAL RECORD — HOUSE April 9, 2002 the House of the following titles, which bly in May 2002 in Geneva, Switzerland, and California; Relaxation of Pack Requirements were thereupon signed by Mr. WOLF of for other purposes. [Docket No. FV02–920–1 FIR] received March Virginia, Speaker pro tempore: H.R. 3985. To amend the Act entitled ‘‘An 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Act to authorize the leasing of restricted In- the Committee on Agriculture. On March 25, 2002: dian lands for public, religious, educational, 6025. A letter from the Administrator, De- H.R. 2356. An act to amend the Federal recreational, residential, business, and other partment of Agriculture, transmitting the Election Campaign Act of 1971 to provide bi- purposes requiring the grant of long-term Department’s final rule—Hazelnuts Grown in partisan campaign reform. leases’’, approved August 9, 1955 to provide Oregon and Washington; Establishment of H.R. 3985. An act to amend the Act entitled for binding arbitration clauses in leases and Interim Final and Final Free and Restricted ‘‘An act to authorize the leasing of restricted contracts related to reservation lands of the Percentages for the 2001–2002 Marketing Year Indian lands for public, religious edu- Gila River Indian Community. [Docket No. FV02–982–1 IFR] received March cational, recreational, residential, business, H.R. 3986. To extend the period availability 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to and other purposes requiring the grant of of unemployment assistance under the Rob- the Committee on Agriculture. long-term leases’’, approved August 9, 1955, ert T. Stafford Disaster Relief and Emer- 6026. A letter from the Administrator, De- to provide for binding arbitration clauses in gency Assistance Act in the case of victims partment of Agriculture, transmitting the leases and contracts related to reservation of the terrorist attacks of September 11, 2001. Department’s final rule—Raisins Produced lands of the Gila River Indian Community. From Grapes Grown in California; Reduction H.R. 3986. An act to extend the period of Jeff Trandahl, Clerk of the House rein Production Cap for 2002 Diversion Pro- availability of unemployment assistance ports that on March 26, 2002 he pre- gram [Docket No. FV02–989–2 IFR] received under the Robert T. Stafford Disaster Relief sented to the President of the United March 15, 2002, pursuant to 5 U.S.C. and Emergency Assistance Act in the case of States, for his approval, the following 801(a)(1)(A); to the Committee on Agri- victims of the terrorist attacks of September bills. culture. 11, 2001. 6027. A letter from the Administrator, De- H.R. 2356. To amend the Federal Election On March 28, 2002: partment of Agriculture, transmitting the Campaign Act of 1971 to provide bipartisan H.R. 1432. An act to designate the facility Department’s final rule—Beef Promotion and campaign reform. of the United States Postal Service located Research; Reapportionment [Docket No. LS– at 3698 Inner Perimeter Road in Valdosta, f 01–05] received March 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- Georgia, as the ‘‘Major Lyn McIntosh Post ADJOURNMENT Office Building’’. riculture. H.R. 1748. An act to designate the facility Mr. KINGSTON. Mr. Speaker, I move 6028. A letter from the Regulatory Contact, of the United States Postal Service located that the House do now adjourn. Department of Agriculture, transmitting the at 805 Glen Burnie Road in Richmond, Vir- The motion was agreed to; accord- Department’s final rule—Fees for Official In- spection and Official Weighing Services ginia, as the ‘‘Tom Bliley Post Office Build- ingly (at 10 o’clock and 55 minutes ing’’. [Docket No. FGIS–2001–003a] (RIN: 0580–AA79) p.m.), the House adjourned until to- received March 18, 2002, pursuant to 5 U.S.C. H.R. 1749. An act to designate the facility morrow, Wednesday, April 10, 2002, at of the United States Postal Service located 801(a)(1)(A); to the Committee on Agri- at 685 Turnberry Road in Newport News, Vir- 10 a.m. culture. 6029. A letter from the Administrator, De- ginia, as the ‘‘Herbert H. Bateman Post Of- f partment of Agriculture, transmitting the fice Building’’. EXECUTIVE COMMUNICATIONS, Department’s final rule—Hazelnuts Grown in H.R. 2577. An act to designate the facility ETC. Oregon and Washington; Establishment of of the United States Postal Service located Interim and Final Free and Restricted Per- at 310 South State Street in St. Ignace, Under clause 8 of rule XII, executive centages for the 2000–2001 Marketing Year Michigan, as the ‘‘Bob David Post Office communications were taken from the [Docket No. FV01–982–1 FIR] received March Building’’. Speaker’s table and referred as follows: 13, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 2876. An act to designate the facility 6019. A letter from the Administrator, De- the Committee on Agriculture. of the United States Postal Service located 6030. A letter from the Administrator, De- in Harlem, Montana, as the ‘‘Francis partment of Agriculture, transmitting the Department’s final rule—Regulations Gov- partment of Agriculture, transmitting the Bardanouve United States Post Office Build- Department’s final rule—Oranges, Grape- ing’’. erning the California Prune/ Plum (Tree Re- moval) Diversion Program [Docket No. fruit, Tangerines and Tangelos Grown in H.R. 2910. An act to designate the facility Florida; Decreased Assessment Rate [Docket of the United States Postal Service located FV01–81–01 FR] (RIN: 0581–AC03) received March 15, 2002, pursuant to 5 U.S.C. No. FV01–905–3 FIR] received March 13, 2002, at 3131 South Crater Road in Petersburg, Vir- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ginia, as the ‘‘Norman Sisisky Post Office 801(a)(1)(A); to the Committee on Agri- culture. mittee on Agriculture. Building’’. 6031. A letter from the Administrator, De- 6020. A letter from the Administrator, De- H.R. 3072. An act to designate the facility partment of Agriculture, transmitting the partment of Agriculture, transmitting the of the United States Postal Service located Department’s final rule—Tomatoes Grown in at 125 Main Street in Forest City, North Department’s final rule—Grapes Grown in a Florida; Decreased Assessment Rate [Docket Carolina, as the ‘‘Vernon Tarlton Post Office Designated Area of Southeastern California; No. FV01–966–2 FIR] received March 13, 2002, Building’’. Increased Assessment Rate [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 3379. An act to designate the facility FV02–925–1 FR] received March 12, 2002, pur- mittee on Agriculture. of the United States Postal Service located suant to 5 U.S.C. 801(a)(1)(A); to the Com- 6032. A letter from the Administrator, De- at 375 Carlls Path in Deer Park, New York, mittee on Agriculture. partment of Agriculture, transmitting the as the ‘‘Raymond M. Downey Post Office 6021. A letter from the Administrator, De- Department’s final rule—Rules of Practice Building’’. partment of Agriculture, transmitting the [AMS–02–001] received March 13, 2002, pursu- Department’s final rule—Onions Grown in ant to 5 U.S.C. 801(a)(1)(A); to the Committee f South Texas; Increased Assessment Rate on Agriculture. [Docket No. FV02–959–1 FR] received March BILLS PRESENTED TO THE 6033. A communication from the President 12, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to of the United States, transmitting requests PRESIDENT the Committee on Agriculture. to make available previously appropriated Jeff Trandahl, Clerk of the House re- 6022. A letter from the Administrator, De- contingent emergency funds for the Depart- ports that on March 25, 2002 he pre- partment of Agriculture, transmitting the ment of Agriculture and a request to trans- sented to the President of the United Department’s final rule—Melons Grown in fer previously appropriated funds from the South Texas; Increased Assessment Rate States, for his approval, the following Emergency Response Fund to the General [Docket No. FV02–979–1 FR] received March Services Administration, pursuant to section bills. 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 251(b)(2)(A) of the Balanced Budget and H.R. 1499. To amend the District of Colum- the Committee on Agriculture. Emergency Deficit Control Act of 1985 and in bia College Access Act of 1999 to permit indi- 6023. A letter from the Administrator, De- accordance with provisions of Public Law viduals who enroll in an institution of higher partment of Agriculture, transmitting the 107–38; (H. Doc. No. 107–194); to the Com- education more than 3 years after grad- Department’s final rule—Nectarines and mittee on Appropriations and ordered to be uating from a secondary school and individ- Peaches Grown in California; Revision of Re- printed. uals who attend private historically black porting Requirements for Fresh Nectarines 6034. A communication from the President colleges and universities nationwide to par- and Peaches [Docket No. FV01–916–3 FIR] re- of the United States, transmitting requests ticipate in the tuition assistance programs ceived March 15, 2002, pursuant to 5 U.S.C. for emergency FY 2002 emergency supple- under such Act, and for other purposes. 801(a)(1)(A); to the Committee on Agri- mental appropriations, pursuant to section H.R. 2739. To amend Public Law 107–10 to culture. 251(b)(2)(A) of the Balanced Budget and authorize a United States plan to endorse 6024. A letter from the Administrator, De- Emergency Deficit Control Act of 1985; (H. and obtain observer status for Taiwan at the partment of Agriculture, transmitting the Doc. No. 107–195); to the Committee on Ap- annual summit of the World Health Assem- Department’s final rule—Kiwifruit Grown in propriations and ordered to be printed. April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1149 6035. A letter from the Assistant Secretary, level nuclear waste repository; to the Com- 6056. A letter from the Chairman, Council Department of Defense, transmitting a letter mittee on Energy and Commerce. of the District of Columbia, transmitting a regarding Section 361 of the National De- 6046. A communication from the President copy of D.C. ACT 14–317, ‘‘Emergency Man- fense Authorization Act for Fiscal Year 1997 of the United States, transmitting a 6-month agement Assistance Compact Temporary Act which authorized the Military Services to periodic report on the national emergency of 2002’’ received April 8, 2002, pursuant to expend appropriated funds for recruiting with respect to persons who commit, threat- D.C. Code section 1–233(c)(1); to the Com- functions, pursuant to Public Law 104–201, en to commit, or support terrorism that was mittee on Government Reform. section 361(a) (110 Stat. 2491); to the Com- declared in Executive Order 13224 of Sep- 6057. A letter from the Chairman, Council mittee on Armed Services. tember 23, 2001, pursuant to 50 U.S.C. 1641(c) of the District of Columbia, transmitting a 6036. A letter from the Under Secretary of and 50 U.S.C. 1703(c); (H. Doc. No. 107–192); to copy of D.C. ACT 14–316, ‘‘Tax Increment Fi- Defense, Department of Defense, transmit- the Committee on International Relations nancing Temporary Amendment Act of 2002’’ ting the Selected Acquisition Reports and ordered to be printed. received April 8, 2002, pursuant to D.C. Code (SARS) for the quarter ending December 6047. A letter from the Director, Defense section 1–233(c)(1); to the Committee on Gov- 2001, pursuant to 10 U.S.C. 2432; to the Com- Security Cooperation Agency, Department of ernment Reform. mittee on Armed Services. Defense, transmitting the listing of all out- 6058. A letter from the Chairman, Council 6037. A letter from the Assistant to the standing Letters of Offer to sell any major of the District of Columbia, transmitting a Board, Board of Governors of the Federal Re- defense equipment for $1 million or more; copy of D.C. ACT 14–315, ‘‘Rehabilitation serve System, transmitting the Board’s final the listing of all Letters of Offer that were Services Program Establishment Temporary rule—Risk-Based Capital Standards: Claims accepted, as of December 31, 2001, pursuant Act of 2002’’ received April 8, 2002, pursuant on Securities Firms [Regulations H and Y; to 22 U.S.C. 2776(a); to the Committee on to D.C. Code section 1–233(c)(1); to the Com- Docket No. R–1085] received April 3, 2002, International Relations. mittee on Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6048. A communication from the President 6059. A letter from the Chairman, Council mittee on Financial Services. of the United States, transmitting a report, of the District of Columbia, transmitting a 6038. A letter from the Assistant Secretary, consistent with the War Powers Resolution copy of D.C. ACT 14–313, ‘‘Department of Pension and Welfare Benefits Administra- and Public Law 107–40, to help ensure that Transportation Establishment Act of 2002’’ tion, Department of Labor, transmitting the the Congress is kept informed on the status received April 8, 2002, pursuant to D.C. Code Department’s final rule—Delinquent Filer of United States efforts in the global war on section 1–233(c)(1); to the Committee on Gov- Voluntary Compliance Program (RIN: 1210– terrorism; (H. Doc. No. 107–193); to the Com- ernment Reform. AA86) received April 3, 2002; to the Com- mittee on International Relations and or- 6060. A letter from the Chairman, Council mittee on Education and the Workforce. dered to be printed. of the District of Columbia, transmitting a 6039. A letter from the Assistant Secretary, 6049. A letter from the Assistant Secretary copy of D.C. ACT 14–311, ‘‘Misdemeanor Jury Pension and Welfare Benefits Administra- for Export Administration, Department of Trial Act of 2002’’ received April 8, 2002, pur- tion, Department of Labor, transmitting the Commerce, transmitting the Department’s suant to D.C. Code section 1–233(c)(1); to the Department’s final rule—Adoption of Vol- final rule—License Exception CIV Eligibility Committee on Government Reform. untary Fiduciary Correction Program (RIN: for Certain ‘‘Microprocessors’’ Controlled by 6061. A letter from the Chairman, Council 1210–AA76) received April 3, 2002, pursuant to ECCN 3A001 [Docket No. 020308050–2050–01] of the District of Columbia, transmitting a 5 U.S.C. 801(a)(1)(A); to the Committee on (RIN: 0694–AC59) received March 20, 2002, pur- copy of D.C. ACT 14–321, ‘‘Tax Increment Fi- Education and the Workforce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- nancing Amendment Act of 2002’’ received 6040. A letter from the Principal Deputy mittee on International Relations. April 9, 2002, pursuant to D.C. Code section 1– Associate Administrator, Environmental 6050. A letter from the Assistant Secretary 233(c)(1); to the Committee on Government Protection Agency, transmitting the Agen- for Export Administration, Department of Reform. cy’s final rule—National Emission Standards Commerce, transmitting the Department’s 6062. A letter from the Under Secretary, for Hazardous Air Pollutants for Petroleum final rule—Revisions and Clarifications to Research, Education, and Economics, De- Refineries: Catalytic Cracking Units, Cata- the Export Administration Regulations: partment of Agriculture, transmitting the lytic Reforming Units, and Sulfur Recovery Czech Republic, Hungary and Poland [Docket Department’s final rule—Availability of In- Units [FRL–7163–7] (RIN: 2060–AF28) received No. 020215031–2031–01] (RIN: 0694–AC53) re- formation—received March 18, 2002, pursuant March 22, 2002, pursuant to 5 U.S.C. ceived March 12, 2002, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and 801(a)(1)(A); to the Committee on Inter- Government Reform. Commerce. national Relations. 6063. A letter from the White House Liai- 6041. A letter from the Principal Deputy 6051. A letter from the Assistant Secretary son, Department of Education, transmitting Associate Administrator, Environmental for Legislative Affairs, Department of State, a report pursuant to the Federal Vacancies Protection Agency, transmitting the Agen- transmitting the redesignation as ‘‘foreign Reform Act of 1998; to the Committee on cy’s final rule—National Emission Standards terrorist organizations’’ pursuant to Section Government Reform. for Hazardous Air Pollutants for Wet- 219 of the Immigration and Nationality Act , 6064. A letter from the White House Liai- Formed Fiberglass Mat Production [FRL– as added by the Antiterrorism and Effective son, Department of Education, transmitting 7163–3] (RIN: 2060–AH89) received March 22, Death Penalty Act of 1996, and amended by a report pursuant to the Federal Vacancies 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Illegal Immigration Reform and Immi- Reform Act of 1998; to the Committee on Committee on Energy and Commerce. grant Responsibility Act of 1996; to the Com- Government Reform. 6042. A letter from the Principal Deputy mittee on International Relations. 6065. A letter from the Director, Office of Associate Administrator, Environmental 6052. A letter from the Chairman, Council Personnel Management, transmitting the Of- Protection Agency, transmitting the Agen- of the District of Columbia, transmitting a fice’s final rule—Pay for Administrative Ap- cy’s final rule—National Emission Standards copy of D.C. ACT 14–312, ‘‘Sidewalk and peals Judge Positions (RIN: 3206–AJ44) re- for Hazardous Air Pollutants From the Port- Curbing Assessment Amendment Act of 2002’’ ceived March 18, 2002, pursuant to 5 U.S.C. land Cement Manufacturing Industry [FRL– received April 8, 2002, pursuant to D.C. Code 801(a)(1)(A); to the Committee on Govern- 7168–1] (RIN: 2060–AE78) received April 3, 2002, section 1–233(c)(1); to the Committee on Gov- ment Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ernment Reform. 6066. A letter from the Director, Office of mittee on Energy and Commerce. 6053. A letter from the Chairman, Council Personnel Management, transmitting the Of- 6043. A letter from the Director, Office of of the District of Columbia, transmitting a fice’s final rule—Reasonable Accommodation Congressional Affairs, Nuclear Regulatory copy of D.C. ACT 14–320, ‘‘Mandarin Oriental Requirements in Vacancy Announcements Commission, transmitting the Commission’s Hotel Project Tax Deferral Temporary Act of (RIN: 3206–AJ11) received March 18, 2002, pur- final rule—List of Approved Spent Fuel Stor- 2002’’ received April 8, 2002, pursuant to D.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- age Casks: HI-STORM 100 Revision (RIN: Code section 1–233(c)(1); to the Committee on mittee on Government Reform. 3150–AG97) received March 27, 2002, pursuant Government Reform. 6067. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on 6054. A letter from the Chairman, Council Personnel Management, transmitting the Of- Energy and Commerce. of the District of Columbia, transmitting a fice’s final rule—Cost-of-Living Allowances 6044. A letter from the Director, Office of copy of D.C. ACT 14–319, ‘‘Education and Ex- (Nonforeign Areas); Commissary/Exchange Congressional Affairs, Nuclear Regulatory amination Exemption for Respiratory Care Rates; Survey Frequency; Gradual Reduc- Commission, transmitting the Commission’s Practitioners Temporary Amendment Act of tions (RIN: 3206–AJ40) received March 18, final rule—Operator License Eligibility and 2002’’ received April 8, 2002, pursuant to D.C. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Use of Simulation Facilities in Operator Li- Code section 1–233(c)(1); to the Committee on Committee on Government Reform. censing (RIN: 3150–AG40) received March 19, Government Reform. 6068. A letter from the Chief Judge, Supe- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6055. A letter from the Chairman, Council rior Court of the District of Columbia, trans- Committee on Energy and Commerce. of the District of Columbia, transmitting a mitting the Family Court Transition Plan; 6045. A letter from the Governor and Sec- copy of D.C. ACT 14–318, ‘‘Interim Disability to the Committee on Government Reform. retary of State, Office of the Governor, Car- Assistance Temporary Amendment Act of 6069. A letter from the Director, Fish and son City, Nevada, transmitting a Notice of 2002’’ received April 8, 2002, pursuant to D.C. Wildlife Service, Department of the Interior, Disapproval of the site designation of Yucca Code section 1–233(c)(1); to the Committee on transmitting the Department’s final rule— Mountain in Nevada as the nation’s high Government Reform. Endangered and Threatened Wildlife and H1150 CONGRESSIONAL RECORD — HOUSE April 9, 2002 Plants: Listing the Desert Yellowhead as 6079. A letter from the Chief, Regulations 6089. A letter from the Regulations Officer, Threatened (RIN: 1018–AI35) received March and Administrative Law, USCG, Department FMCSA, Department of Transportation, 18, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to of Transportation, transmitting the Depart- transmitting the Department’s final rule— the Committee on Resources. ment’s final rule—Drawbridge Operation Motor Carrier Identification Report [Docket 6070. A letter from the Deputy Assistant Regulations: Norwalk River, CT [CGD01–02– No. FMCSA–00–8209] (RIN: 2126–AA57) re- Administrator for Ocean Services and Coast- 017] received March 14, 2002, pursuant to 5 ceived March 12, 2002, pursuant to 5 U.S.C. al Zone Management, National Oceanic and U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Atmospheric Administration, transmitting Transportation and Infrastructure. tation and Infrastructure. the Administration’s final rule—Announce- 6080. A letter from the Chief, Regulations 6090. A letter from the Chief Counsel, De- ment of Funding Opportunity to Submit Pro- and Administrative Law, USCG, Department partment of Transportation, transmitting posals for the Coral Reef Ecosystem Studies of Transportation, transmitting the Depart- the Department’s final rule—Seaway Regula- (CRES–2002) [Docket No. 001102309–2028–02; ment’s final rule—Drawbridge Operation tions and Rules: Ballest Water [Docket No. I.D. 010802D] received March 18, 2002, pursu- Regulations: Harlem River, NY [CGD01–02– SLSDC 2002–11358] (RIN: 2135–AA13) received ant to 5 U.S.C. 801(a)(1)(A); to the Committee 007] (RIN: 2115–AE47) received March 14, 2002, March 12, 2002, pursuant to 5 U.S.C. on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- 6071. A letter from the Deputy Assistant mittee on Transportation and Infrastruc- tation and Infrastructure. Administrator for Regulatory Programs, Na- ture. 6091. A letter from the Chief, Regulations tional Marine Fisheries Service, National 6081. A letter from the Chief, Regulations and Administrative Law, USCG, Department Oceanic and Atmospheric Administration, and Administrative Law, Department of of Transportation, transmitting the Depart- transmitting the Administration’s final Transportation, transmitting the Depart- ment’s final rule—Drawbridge Operation rule—Magnuson-Stevens Act Provisions; ment’s final rule—Drawbridge Operation Regulations: Jamaica Bay and connecting Fisheries off West Coast States and in the Regulations: Saugatuck River, CT [CGD01– waterways, NY [CGD01–02–012] (RIN: 2115– Western Pacific; Pacific Coast Groundfish 02–010] received March 14, 2002, pursuant to 5 AE47) received March 14, 2002, pursuant to 5 Fishery; Groundfish Fishery Management U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on Measures [Docket No. 011231309–1309–01; I.D. Transportation and Infrastructure. Transportation and Infrastructure. 121301B] (RIN: 0648–AO69) received March 18, 6082. A letter from the Chief, Regulations 6092. A letter from the Chief, Regulations 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Administrative Law, USCG, Department and Administrative Law, USCG, Department Committee on Resources. of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- 6072. A letter from the Acting Director, Of- ment’s final rule—Drawbridge Operation ment’s final rule—Drawbridge Operation fice of Sustainable Fisheries, NMFS, Na- Regulations: Hampton River, NH [CGD01–02– Regulations: Jamaica Bay and connecting tional Oceanic and Atmospheric Administra- 019] received March 14, 2002, pursuant to 5 waterways, NY [CGD01–02–011] (RIN: 2115– tion, transmitting the Administration’s final U.S.C. 801(a)(1)(A); to the Committee on AE47) received March 14, 2002, pursuant to 5 rule—Fisheries of the Exclusive Economic Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on Zone off Alaska; Atka Mackerel Platoons in 6083. A letter from the Chief, Regulations Transportation and Infrastructure. and Administrative Law, USCG, Department Areas 542 and 543 [Docket No. 011218304–1304– 6093. A letter from the Chief, Regulations of Transportation, transmitting the Depart- 01; I.D. 011702B] received April 3, 2002, pursu- and Administrative Law, USCG, Department ment’s final rule—Security Zone; Missouri ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Transportation, transmitting the Depart- River, Mile Marker 532.9 to 532.5, Brownville, on Resources. ment’s final rule—Drawbridge Operation 6073. A letter from the Acting Director, Of- Nebraska [COTP St. Louis-02–002] (RIN: 2115– Regulations: Hackensack River NJ [CGD01– fice of Sustainable Fisheries, NMFS, Na- AA97) received March 14, 2002, pursuant to 5 02–018] received March 14, 2002, pursuant to 5 tional Oceanic and Atmospheric Administra- U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on rule—Fisheries of the Exclusive Economic 6084. A letter from the Chief, Regulations Transportation and Infrastructure. 6094. A letter from the Chief, Regulations Zone Off Alaska; Atka Mackerel in the Ber- and Administrative Law, USCG, Department and Administrative Law, Department of ing Sea and Aleutian Islands [Docket No. of Transportation, transmitting the Depart- Transportation, transmitting the Depart- 011218304–1304–01; I.D. 011702] received April 3, ment’s final rule—Security Zone; Missouri ment’s final rule—Drawbridge Operation 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the River, Mile Marker 646.0 to 645.6, Fort Cal- Committee on Resources. houn, Nebraska [COTP St. Louis-02–001] Regulations; Taunton River, Ma [CGD01–02– 6074. A letter from the Assistant Secretary (RIN: 2115–AA97) received March 14, 2002, pur- 035] received April 3, 2002, pursuant to 5 for Legislative Affairs, Department of State, suant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on transmitting the Department’s final rule— mittee on Transportation and Infrastruc- Transportation and Infrastructure. Documentation of Nonimmigrants Under the ture. 6095. A letter from the Chief, Regulations Immigration and Nationality Act, as Amend- 6085. A letter from the Chief, Regulations and Administrative Law, USCG, Department ed: International Organizations—received and Administrative Law, USCG, Department of Transportation, transmitting the Depart- March 15, 2002, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- ment’s final rule—Security Zone; Operation 801(a)(1)(A); to the Committee on the Judici- ment’s final rule—Security Zones; Port of Native Atlas 2002, Waters adjacent to Camp ary. Tampa, Tampa Florida [COTP TAMPA 01– Pendleton, California [COTP San Diego 02– 6075. A letter from the Secretary, Federal 097] (RIN: 2115–AA97) received March 14, 2002, 004] (RIN: 2115–AA97) received April 3, 2002, Trade Commission, transmitting the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mission’s final rule—Premerger Notification; mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- Reporting and Waiting Period Require- ture. ture. ments—received March 14, 2002, pursuant to 5 6086. A letter from the Chief, Regulations 6096. A letter from the Chief, Regulations U.S.C. 801(a)(1)(A); to the Committee on the and Administrative Law, USCG, Department and Administrative Law, Department of Judiciary. of Transportation, transmitting the Depart- Transportation, transmitting the Depart- 6076. A letter from the Director, Office of ment’s final rule—Security Zone; Port of ment’s final rule—Security Zone; Corpus Government Ethics, transmitting the Of- Charleston, South Carolina [COTP Charles- Christi Inner Harbor, Corpus Christi, Texas fice’s final rule—Exemption Amendments ton-01–145] (RIN: 2115–AA97) received March [COTP Corpus Christi 02–001] (RIN: 2115– Under 18 U.S.C. 208(b)(2) (RIN: 3209–AA09) re- 14, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to AA97) received April 3, 2002, pursuant to 5 ceived March 14, 2002, pursuant to 5 U.S.C. the Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on the Judici- structure. Transportation and Infrastructure. ary. 6087. A letter from the Chief, Regulations 6097. A letter from the Chief, Regulations 6077. A letter from the Chief, Regulations and Administrative Law, USCG, Department and Administrative Law, USCG, Department and Administrative Law, USCG, Department of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- ment’s final rule—Security Zone; Ohio River ment’s final rule—Safety Zone; Long Beach, ment’s final rule—Security Zone; Ohio River Mile 34.6 to 35.1, Shippingport, Pennsylvania CA [COTP Los Angeles-Long Beach 02–003] Mile 119.0 to 119. 8, Natrium, West Virginia [COTP Pittsburgh-02–002] (RIN: 2115–AA97) (RIN: 2115–AA97) received April 3, 2002, pursu- [COTP Pittsburgh-02–001] (RIN: 2115–AA97) received March 14, 2002, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee received March 14, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 6098. A letter from the Regulations Officer, tation and Infrastructure. 6088. A letter from the Deputy Chief Coun- FHWA, Department of Transportation, 6078. A letter from the Chief, Regulations sel, Department of Transportation, transmit- transmitting the Department’s final rule— and Administrative Law, USCG, Department ting the Department’s final rule—Eligibility Procedures for Abatement of Highway Traf- of Transportation, transmitting the Depart- of U.S.-Flag Vessels of 100 Feet or Greater in fic Noise and Construction Noise [FHWA ment’s final rule—Security Zone; Chevron Registered Length to Obtain a Fishery En- Docket No. FHWA–2000–8056] (RIN: 2125– Multi-Point Mooring, Barbers Point Coast, dorsement to the Vessel’s Documentation AE80) received April 3, 2002, pursuant to 5 Honolulu, HI [COTP Honolulu 01–005] (RIN: [Docket No. MARAD–2001–10518] (RIN: 2133– U.S.C. 801(a)(1)(A); to the Committee on 2115–AA97) received March 14, 2002, pursuant AB45) received March 12, 2002, pursuant to 5 Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on 6099. A letter from the Deputy Assistant Transportation and Infrastructure. Transportation and Infrastructure. Chief Counsel for Safety, FRA, Department April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1151 of Transportation, transmitting the Depart- erans’ Affairs, transmitting the Depart- Medicaid, and SCHIP Benefits Improvement ment’s final rule—Locomotive Cab Sanita- ment’s final rule—Information Collection and Protection Act of 2000, and Technical tion Standards [Docket No. FRA 2000–8545, Needed in VA’s Flight-Training Programs Corrections [CMS–1181–F] (RIN: 0938–AK90) Notice No. 3] (RIN: 2130–AA89) received April (RIN: 2900–AJ23) received March 18, 2002, pur- received April 3, 2002, pursuant to 5 U.S.C. 8, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to suant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); jointly to the Committees on the Committee on Transportation and Infra- mittee on Veterans’ Affairs. Ways and Means and Energy and Commerce. structure. 6109. A letter from the Secretary, Depart- 6119. A letter from the Secretary, Depart- 6100. A letter from the Chief, Regulations ment of the Treasury, transmitting notifica- ment of Health and Human Services, trans- and Administrative Law, USCG, Department tion of the Secretary’s determination that mitting a study performed on the appro- of Transportation, transmitting the Depart- by reason of the public debt limit, the Sec- priateness of establishing minimum staffing ment’s final rule—Drawbridge Operation retary will be unable to fully comply with ratios in nursing homes, as required by the Regulations: Hackensack River, NJ [CGD01– the requirements of section 8438(e) of title 5, Omnibus Budget Reconciliation Act of 1990; 02–030] received April 3, 2002, pursuant to 5 United States Code, beginning on April 4, jointly to the Committees on Ways and U.S.C. 801(a)(1)(A); to the Committee on 2002 and ending on April 18, 2002, pursuant to Means and Energy and Commerce. Transportation and Infrastructure. 5 U.S.C. 8438(h)(2); to the Committee on Ways f 6101. A letter from the Chief, Regulations and Means. and Administrative Law, USCG, Department 6110. A letter from the Board of Trustees, REPORTS OF COMMITTEES ON of Transportation, transmitting the Depart- Federal Old-Age And Survivors Insurance PUBLIC BILLS AND RESOLUTIONS ment’s final rule—Special Local Regulations And Disability Insurance Trust Funds, trans- Under clause 2 of rule XIII, reports of for Marine Events; St. Mary’s River, St. mitting the 2002 Annual Report of the Board committees were delivered to the Clerk Mary’s City, MD [CGD05–02–003] (RIN: 2115– of Trustees of the Federal Old-Age and Sur- for printing and reference to the proper AE46) received April 3, 2002, pursuant to 5 vivors Insurance and the Federal Disability U.S.C. 801(a)(1)(A); to the Committee on Insurance Trust Funds, pursuant to 42 U.S.C. calendar, as follows: Transportation and Infrastructure. 401(c)(2), 1395i(b)(2), and 1395t(b)(2); (H. Doc. [Pursuant to the order of the House on March 6102. A letter from the Chief, Regulations No. 107–196); to the Committee on Ways and 20, 2002 the following report was filed on April and Administrative Law, USCG, Department Means and ordered to be printed. 4, 2002] of Transportation, transmitting the Depart- 6111. A letter from the Chief, Regulations Mr. BOEHNER: Committee on Education ment’s final rule—Safety Zone; Ouzinkie Branch, Department of the Treasury, trans- and the Workforce. H.R. 3762. A bill to amend Harbor, Ouzinkie, AK [COTP Western Alaska mitting the Department’s final rule—Pay- title I of the Employee Retirement Income 02–003] (RIN: 2115–AA97) received April 3, ment of Duties on Certain Steel Products Security Act of 1974 and the Internal Rev- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the [T.D. 02–12] (RIN: 1515–AD07) received March enue Code of 1986 to provide additional pro- Committee on Transportation and Infra- 18, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to tections to participants and beneficaries in structure. the Committee on Ways and Means. individual account plans from excessive in- 6103. A letter from the Regulations Officer, 6112. A letter from the Chief, Regulations vestment in employer securities and to pro- FMCSA, Department of Transportation, Branch, Department of the Treasury, trans- mote the provision of retirement investment transmitting the Department’s final rule— mitting the Department’s final rule—Draw- advice to workers managing their retirement Revision of Regulations and Application back; Conforming Amendments (RIN: 1515– income assets, and to amend the Securities Form for Mexico-Domiciled Motor Carriers AD00) received April 3, 2002, pursuant to 5 Exchange Act of 1934 to prohibit insider To Operate in United States Municipalities U.S.C. 801(a)(1)(A); to the Committee on trades during any suspension of the ability and Commercial Zones on the United States- Ways and Means. of plan participants or beneficaries to direct Mexico Border [Docket No. FMCSA–98–3297] 6113. A letter from the Acting Chief, Regu- investment away from equity securities of (RIN: 2126–AA33) received March 22, 2002, pur- lations Branch, Department of the Treasury, the plan sponsor; with an amendment (Rept. suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule— 107–383, Pt. 1). Ordered to be printed. mittee on Transportation and Infrastruc- North American Free Trade Agreement [Filed on April 9, 2002] ture. (RIN: 1515–AD08) received April 3, 2002, pursu- Mr. SENSENBRENNER: Committee on the 6104. A letter from the Trial Attorney, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Judiciary. H.R. 3925. A bill to establish an FRA, Department of Transportation, trans- on Ways and Means. exchange program between the Federal Gov- mitting the Department’s final rule—Brake 6114. A letter from the Chief, Regulation ernment and the private sector in order to System Safety Standards for Freight and Unit, Internal Revenue Service, transmitting promote the development of expertise in in- Other Non-Passenger Trains and Equipment; the Service’s final rule—Weighted Average formation technology management, and for End-of-Train Devices [FRA Docket No. PB–9; Interest Rate Update—received April 3, 2002, other purposes; with amendments (Rept. 107– Notice No. 21] (RIN: 2130–AB52) received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 379 Pt. 2). April 8, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Ways and Means. Mr. SENSENBRENNER: Committee on the to the Committee on Transportation and In- 6115. A letter from the Regulations Officer, Judiciary. H.R. 3297. A bill to amend the Om- frastructure. Social Security Administration, transmit- nibus Crime Control and Safe Streets Act of 6105. A letter from the Regulations Officer, ting the Administration’s final rule—Deter- 1968 to ensure that chaplains killed in the FMCSA, Department of Transportation, mining Income Under the Supplemental Se- line of duty receive public safety officer transmitting the Department’s final rule— curity Income Program; Student Child death benefits; with an amendment (Rept. Application by Certain Mexico-Domiciled Earned Income Exclusion (RIN: 0960–AF60) 107–384). Referred to the Committee of the Motor Carriers To Operate Beyond United received March 12, 2002, pursuant to 5 U.S.C. Whole House on the State of the Union. States Municipalities and Commercial Zones 801(a)(1)(A); to the Committee on Ways and Mr. HANSEN: Committee on Resources. on the United States-Mexico Border [Docket Means. H.R. 3848. A bill to provide funds for the con- No. FMCSA–98–3298] (RIN: 2126–AA34) re- 6116. A letter from the Board Of Trustees, struction of recreational and visitor facili- ceived March 22, 2002, pursuant to 5 U.S.C. Federal Hospital Insurance and Federal Sup- ties in Washington County, Utah, and for 801(a)(1)(A); to the Committee on Transpor- plementary Medical Insurance Trust Funds, other purposes (Rept. 107–385). Referred to tation and Infrastructure. transmitting the 2002 Annual Report of the the Committee of the Whole House on the 6106. A letter from the Regulations Officer, Boards of Trustees of the Federal Hospital State of the Union. FHWA, Department of Transportation, Insurance and Federal Supplementary Med- Mr. HANSEN: Committee on Resources. transmitting the Department’s final rule— ical Insurance Trust Funds, pursuant to 42 H.R. 3958. A bill to provide a mechanism for Truck Length and Width Exclusive Devices U.S.C. 401(c)(2), 1395i(b)(2), and 1395t(b)(2); (H. the settlement of claims of the State of Utah [FHWA Docket No. 1997–2234 (formerly 87–5 Doc. No. 107–197); jointly to the Committees regarding portions of the Bear River Migra- and 89–12)] (RIN: 2125–AC30) received April 3, on Ways and Means and Energy and Com- tory Bird Refuge located on the shore of the 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the merce, and ordered to be printed. Great Salt Lake, Utah; with an amendment Committee on Transportation and Infra- 6117. A letter from the Regulations Coordi- (Rept. 1207–386). Referred to the Committee structure. nator, Department of Health and Human of the Whole House on the State of the 6107. A letter from the Principal Deputy Services, transmitting the Department’s Union. Associate Administrator, Environmental final rule—Medicare and Federal Health Care Mr. HANSEN: Committee on Resources. Protection Agency, transmitting the Agen- Programs: Fraud and Abuse; Revisions and H.R. 2937. A bill to provide for the convey- cy’s final rule—Notice of Availability of Technical Corrections (RIN: 0991–AB09) re- ance of certain public land in Clark County, Grants for Development of Coastal Recre- ceived March 18, 2002, pursuant to 5 U.S.C. Nevada, for use as a shooting range; with an ation Water Monitoring and Public Notifica- 801(a)(1)(A); jointly to the Committees on amendment (Rept. 107–387). Referred to the tion under the Beaches Environmental As- Ways and Means and Energy and Commerce. Committee of the Whole House on the State sessment and Coastal Health Act [OW-FRL– 6118. A letter from the Regulations Coordi- of the Union. 7161–5] received March 18, 2002, pursuant to 5 nator, Department of Health and Human Mr. HANSEN: Committee on Resources. U.S.C. 801(a)(1)(A); to the Committee on Services, transmitting the Department’s H.R. 3480. A bill to promote Department of Transportation and Infrastructure. ‘‘Major’’ final rule—Medicare Program; the Interior efforts to provide a scientific 6108. A letter from the Acting Director, Of- Modifications to Managed Care Rules Based basis for the management of sediment and fice of Regulatory Law, Department of Vet- on Payment Provisions of the Medicare, nutrient loss in the Upper Mississippi River H1152 CONGRESSIONAL RECORD — HOUSE April 9, 2002 Basin (Rept. 107–388). Referred to the Com- the Whole House on the State of the Mr. KUCINICH, Mr. SERRANO, Ms. mittee of the Whole House on the State of Union and ordered to be printed. WOOLSEY, and Mr. FARR of Cali- the Union. fornia): Mr. HANSEN: Committee on Resources. f H.R. 4089. A bill to provide grants for pub- H.R. 3853. A bill to make technical correc- TIME LIMITATION OF REFERRED lic information campaigns to educate racial tions to laws passed by the 106th Congress re- BILL and ethnic minorities about domestic violated to parks and public lands, and for other lence; to the Committee on the Judiciary. purposes; with an amendment (Rept. 107–389). Pursuant to clause 2 of rule XII the By Mr. HERGER (for himself, Mr. Referred to the Committee of the whole following action was taken by the SHAW, Mr. WATKINS, Mr. MCCRERY, House on the State of the Union. Speaker: Mr. ENGLISH, Mr. LEWIS of Kentucky, Mr. HANSEN: Committee on Resources. [The following action occurred on April 4, 2002] Ms. DUNN, Mr. PORTMAN, Mr. BRADY H.R. 2109. A bill to authorize the Secretary of of Texas, Mr. CAMP, Mr. MCINNIS, and H.R. 3762. Referred to the Committees on the Interior to conduct a special resource Mrs. JOHNSON of Connecticut): Ways and Means and Financial Services ex- study of Virginia Key Beach, Florida, for H.R. 4090. A bill to reauthorize and improve tended for a period ending not later than possible inclusion in the National Park Sys- the program of block grants to States for April 9, 2002. tem; with amendments (Rept. 107–390). Re- temporary assistance for needy families, and ferred to the Committee of the Whole House f for other purposes; to the Committee on on the State of the Union. PUBLIC BILLS AND RESOLUTIONS Ways and Means. Mr. HANSEN: Committee on Resources. By Ms. SOLIS (for herself, Ms. LEE, Ms. H.R. 3425. A bill to direct the Secretary of Under clause 2 of rule XII, public BROWN of Florida, Mr. LANTOS, Mrs. the Interior to study the suitability and fea- bills and resolutions were introduced JONES of Ohio, Mr. CONYERS, Ms. sibility of establishing Highway 49 in Cali- and severally referred, as follows: WATSON, Mr. FROST, Ms. KILPATRICK, fornia, known as the ‘‘Golden Chain High- Ms. CARSON of Indiana, Mr. UNDER- By Mr. LAFALCE (for himself, Mr. way’’, as a National Heritage Corridor; with WOOD, Mrs. CAPPS, Mr. PALLONE, Mr. FRANK, Mr. KANJORSKI, Mr. SANDERS, an amendment (Rept. 107–391). Referred to GEORGE MILLER of California, Mr. Mrs. MALONEY of New York, Mr. the Committee of the Whole House on the HINOJOSA, Mr. GONZALEZ, Mr. PAS- GUTIERREZ, Ms. SCHAKOWSKY, Mrs. State of the Union. TOR, Ms. SCHAKOWSKY, Mr. STARK, JONES of Ohio, Mr. CLAY, Mr. DIN- Mr. HANSEN: Committee on Resources. Mrs. MINK of Hawaii, Mrs. GELL, Ms. DELAURO, and Mr. GEORGE H.R. 3909. A bill to designate certain Federal NAPOLITANO, Ms. MILLENDER-MCDON- MILLER of California): ALD, Ms. DELAURO, Mrs. MEEK of lands in the State of Utah as the Gunn H.R. 4083. A bill to provide for enhanced Florida, Mr. BACA, Mr. SANDERS, Mr. McKay Nature Preserve, and for other pur- corporate responsibility under the securities CUMMINGS, Mr. HONDA, Mr. KUCINICH, poses (Rept. 107–392). Referred to the Com- laws; to the Committee on Financial Serv- Mr. SERRANO, and Ms. WOOLSEY): mittee of the Whole House on the State of ices. H.R. 4091. A bill to authorize the establish- the Union. By Ms. RIVERS: ment of domestic violence court systems Mrs. MYRICK: Committee on Rules. House H.R. 4084. A bill to amend the Securities from amounts available for grants to combat Resolution 380. Resolution providing for con- Exchange Act of 1934 to prohibit certain em- violence against women; to the Committee sideration of the bill (H.R. 3925) to establish ployees and shareholders from obtaining spe- on the Judiciary. an exchange program between the Federal cial loans, and for other purposes; to the By Mr. MCKEON (for himself, Mr. Government and the private sector in order Committee on Financial Services. BOEHNER, Mr. PETRI, Mr. HOEKSTRA, to promote the development of expertise in By Mr. SMITH of New Jersey (for him- information technology management, and Mr. GREENWOOD, Mr. UPTON, Mr. self, Mr. EVANS, Mr. SIMPSON, and Mr. for other purposes (Rept. 107–393). Referred TANCREDO, Mr. DEMINT, Mr. ISAKSON, REYES): Mr. KELLER, and Mr. CULBERSON): to the House Calendar. H.R. 4085. A bill to increase, effective as of Mr. THOMAS: Committee on Ways and H.R. 4092. A bill to enhance the opportuni- December 1, 2002, the rates of disablity com- ties of needy families to achieve self-suffi- Means. H.R. 3991. A bill to amend the Inter- pensation for veterans with service-con- nal Revenue Code of 1986 to protect tax- ciency and access quality child care, and for nected disabilities and the rates of depend- other purposes; to the Committee on Edu- payers and ensure accountability of the In- ency and indemnity compensation for sur- ternal Revenue Service; with an amendment cation and the Workforce, and in addition to vivors of certain service-connected disabled the Committee on Ways and Means, for a pe- (Rept. 107–394). Referred to the Committee of veterans, and for other purposes; to the Com- the Whole House on the State of the Union. riod to be subsequently determined by the mittee on Veterans’ Affairs. Speaker, in each case for consideration of DISCHARGE OF COMMITTEE By Mr. WILSON of South Carolina: such provisions as fall within the jurisdic- [The following action occurred on March 29, H.R. 4086. A bill to amend the Public tion of the committee concerned. 2002] Health Service Act to authorize grants to By Mr. ACEVEDO-VILA: Pursuant to clause 2 of rule XII the carry out programs to improve recovery H.R. 4093. A bill to amend title 10, United Committee on the Judiciary discharged rates for organs in eligible hospitals; to the States Code, to repeal limitations on the eli- from further consideration. H.R. 556 re- Committee on Energy and Commerce. gibility of dependents of civilian employees By Mr. MANZULLO (for himself, Ms. ferred to the Committee of the Whole of the Federal Government residing in a ter- VELAZQUEZ, Mr. PORTMAN, Mr. PENCE, ritory, commonwealth, or possession of the House on the State of the Union. Mr. TERRY, Mr. BARTLETT of Mary- Pursuant to clause 2 of rule XII the United States to enroll in Department of De- land, Mr. COMBEST, Mrs. fense domestic dependent elementary and Committee on Armed Services dis- CHRISTENSEN, and Mr. ACEVEDO- secondary schools; to the Committee on charged from further consideration. VILA): Armed Services. H.R. 2481 referred to the Committee of H.R. 4087. A bill to amend the Internal Rev- By Mr. CARDIN: the Whole House on the State of the enue Code of 1986 to provide for an increase H.R. 4094. A bill to reduce temporarily the Union. in expensing under section 179; to the Com- duty on cis, trans-3-(2-chloro-3,3,3 triflouro-1- mittee on Ways and Means. propenyl)-2,2-dimethyl-cyclopropane car- [The following action occurred April 9, 2002] By Mr. SKELTON (for himself and Mrs. boxylic acid; to the Committee on Ways and Pursuant to clause 2 of rule XII the TAUSCHER): Means. Committee on Education and the H.R. 4088. A bill to authorize the appropria- By Mr. CARDIN: Workforce discharged from further tion of the $10,000,000,000 reserve fund within H.R. 4095. A bill to suspend temporarily the consideration. H.R. 3669 referred to the the national defense budget function for ac- duty on 2-chlorobenzyl chloride; to the Com- Committee of the Whole House on the tivities to prosecute the war on terrorism; to mittee on Ways and Means. the Committee on Armed Services. State of the Union and ordered to be By Mr. CARDIN: By Ms. SOLIS (for herself, Ms. LEE, Ms. H.R. 4096. A bill to suspend temporarily the printed. BROWN of Florida, Mr. CONYERS, Ms. duty on (S)-Alpha-hydroxy-3- Pursuant to clause 2 of rule XII the MCCOLLUM, Ms. WATSON, Mr. FROST, phenoxybenzeneacetonitrile; to the Com- Committees on Ways and Means and Ms. KILPATRICK, Ms. BALDWIN, Ms. mittee on Ways and Means. Financial Services discharged from fur- CARSON of Indiana, Mr. UNDERWOOD, By Mr. CARDIN: ther consideration. H.R. 3762 referred Mrs. CAPPS, Mr. PALLONE, Mr. H.R. 4097. A bill to suspend temporarily the to the Committee of the Whole House GEORGE MILLER of California, Mr. duty on 4-Pentenoic acid, 3,3-dimethyl-, on the State of the Union and ordered HINOJOSA, Mr. GONZALEZ, Mr. PAS- methyl ester; to the Committee on Ways and to be printed. TOR, Ms. SCHAKOWSKY, Mr. STARK, Means. Mrs. MINK of Hawaii, Mrs. By Mr. CONYERS (for himself, Mr. Pursuant to clause 2 of rule XII the NAPOLITANO, Ms. MILLENDER-MCDON- FRANK, Mr. BERMAN, Ms. JACKSON- Committee on Ways and Means dis- ALD, Ms. DELAURO, Mrs. MEEK of LEE of Texas, Ms. WATERS, Mr. GEP- charged from further consideration. Florida, Mr. BACA, Mr. LANTOS, Mr. HARDT, Mr. LAFALCE, Mr. ENGEL, Mr. H.R. 3925 referred to the Committee of SANDERS, Mr. CUMMINGS, Mr. HONDA, DINGELL, Mr. JACKSON of Illinois, April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1153

Mrs. CHRISTENSEN, Mr. DAVIS of Illi- By Mr. LANGEVIN: H.R. 4121. A bill to amend the Internal Rev- nois, Mr. CUMMINGS, Mr. SANDERS, H.R. 4109. A bill to provide for the reliqui- enue Code of 1986 to allow an additional ad- Ms. SOLIS, Mrs. CLAYTON, Ms. BROWN dation of certain entries; to the Committee vance refunding of tax-exempt bonds issued of Florida, Mr. LYNCH, Mr. HOEFFEL, on Ways and Means. for the purchase or maintenance of electric Mr. GUTIERREZ, and Ms. By Mr. MATSUI: generation, transmission, or distribution as- SCHAKOWSKY): H.R. 4110. A bill to extend the temporary sets; to the Committee on Ways and Means. H.R. 4098. A bill to provide for criminal suspension of duty on an ultraviolet dye; to By Mr. UPTON (for himself, Mr. HALL prosecution of persons who alter or destroy the Committee on Ways and Means. of Texas, Mr. TAUZIN, and Mr. BILI- evidence in certain Federal investigations or By Mr. MCINNIS: RAKIS): defraud investors of publicly traded securi- H.R. 4111. A bill to amend the National H.R. 4122. A bill to amend title V of the So- ties, to disallow debts incurred in violation Trails System Act to designate the Old cial Security Act to extend abstinence edu- of securities fraud laws from being dis- Spanish Trail as a National Historic Trail; to cation funding under maternal and child charged in bankruptcy, to protect whistle- the Committee on Resources. health program through fiscal year 2007 and blowers against retaliation by their employ- By Mr. MCINNIS: to amend title XIX of that Act to extend the ers, and for other purposes; to the Com- H.R. 4112. A bill to amend title XVIII of the authorization of transitional medical assist- mittee on the Judiciary. Social Security Act to protect and preserve ance for 1 year; to the Committee on Energy By Mr. CRANE (for himself, Mr. JEF- access of Medicare beneficiaries to health and Commerce. FERSON, and Mr. LEWIS of Kentucky): care in rural areas; to the Committee on By Ms. WATERS: H.R. 4099. A bill to amend the Internal Rev- Ways and Means, and in addition to the Com- H.R. 4123. A bill to amend the Higher Edu- enue Code of 1986 to clarify the status of em- mittee on Energy and Commerce, for a pe- cation Act of 1965 to establish student loan ployee leasing organizations and to promote riod to be subsequently determined by the forgiveness programs for adult education in- and protect the interests of employee leasing Speaker, in each case for consideration of structors; to the Committee on Education organizations, their customers, and workers; such provisions as fall within the jurisdic- and the Workforce. to the Committee on Ways and Means. tion of the committee concerned. By Ms. WATERS: By Mr. CROWLEY (for himself, Mr. By Mrs. MORELLA (for herself, Mr. H.R. 4124. A bill to amend title VI of the GORDON, Mr. FROST, Ms. LEE, Mr. GREENWOOD, Ms. SLAUGHTER, and Ms. Civil Rights Act of 1964 to apply to that title HINCHEY, Mr. LANGEVIN, Mrs. JONES DEGETTE): a burden shifting rule currently applicable to of Ohio, and Ms. NORTON): H.R. 4113. A bill to provide for the provi- title VII; to the Committee on the Judiciary. H.R. 4100. A bill to establish the National sion by hospitals of emergency contracep- By Mr. YOUNG of Alaska: Vaccine Authority within the Department of tives to women who are survivors of sexual H. Con. Res. 370. Concurrent resolution ex- Health and Human Services; to the Com- assault; to the Committee on Energy and pressing the sense of the Congress that the mittee on Energy and Commerce. Commerce, and in addition to the Committee United States should promote and support By Mr. CROWLEY (for himself, Mr. on Ways and Means, for a period to be subse- the use of sound science in management de- WEXLER, Mr. GEORGE MILLER of Cali- quently determined by the Speaker, in each cisions made by the International Whaling fornia, Mr. ENGEL, Mr. MORAN of Vir- case for consideration of such provisions as Commission and remain diligent in their ef- ginia, Mr. CAPUANO, Mr. MCGOVERN, fall within the jurisdiction of the committee forts to protect the ability of Native people Mrs. MCCARTHY of New York, Mr. concerned. of the United States, who have been issued BLAGOJEVICH, Mr. CLAY, and Ms. By Mrs. MORELLA (for herself and quotas by the International Whaling Com- WOOLSEY): Mrs. LOWEY): mission, to continue to legally harvest H.R. 4101. A bill to amend title 18, United H.R. 4114. A bill to increase the United whales, and for other purposes; to the Com- States Code, to require firearms, ammuni- States financial and programmatic contribu- mittee on International Relations. tion, and explosives purchases to be made in tions to advancing the status of women and By Mr. BURTON of Indiana (for himself person and to require records to be kept of girls in low-income countries around the ANGEL): the means by which the purchases are made; and Mr. R world, and for other purposes; to the Com- H. Res. 377. A resolution recognizing the to the Committee on the Judiciary. mittee on International Relations, and in ad- Ellis Island Medal of Honor and commending By Mr. GIBBONS: dition to the Committees on Ways and H.R. 4102. A bill to designate the facility of the National Ethnic Coalition of Organiza- Means, and Financial Services, for a period the United States Postal Service located at tions; to the Committee on Government Re- to be subsequently determined by the Speak- 120 North Maine Street in Fallon, Nevada, as form. considered and agreed to. er, in each case for consideration of such pro- the ‘‘Rollan D. Melton Post Office Building’’; By Mr. NEY: visions as fall within the jurisdiction of the to the Committee on Government Reform. H. Res. 378. A resolution permitting official committee concerned. By Mr. HANSEN (for himself, Mr. photographs of the House of Representatives By Mr. PALLONE (for himself and Mr. MATHESON, Mr. CANNON, Mr. to be taken while the House is in actual ses- LOBIONDO): FALEOMAVAEGA, Mr. DOOLITTLE, Mr. sion; to the Committee on House Adminis- H.R. 4115. A bill to authorize the Secretary HERGER, and Mr. FLAKE): tration. H.R. 4103. A bill to direct the Secretary of of the Interior to establish a program to in- By Mr. GEKAS: the Interior to transfer certain public lands ventory, evaluate, document, and assist ef- H. Res. 379. A resolution providing that in Natrona County, Wyoming, to the Cor- forts to preserve surviving United States certain actions should be taken with respect poration of the Presiding Bishop, and for Life-Saving Service stations; to the Com- to the actions of OPEC and other oil-export- other purposes; to the Committee on Re- mittee on Resources. ing countries, and with respect to decreasing sources. By Mr. PETERSON of Minnesota: the dependency of the United States on for- H.R. 4116. A bill to require the Secretary of By Mr. HILL (for himself, Mr. MATSUI, eign sources of oil; to the Committee on Agriculture to use funds of the Commodity Mr. RANGEL, Mr. LEVIN, Mr. STEN- International Relations, and in addition to Credit Corporation to provide emergency fi- HOLM, Mrs. TAUSCHER, Mr. TANNER, the Committee on Energy and Commerce, for nancial assistance to agricultural producers Mr. BENTSEN, Mr. DOOLEY of Cali- a period to be subsequently determined by that have incurred income losses in calendar fornia, and Mr. JEFFERSON): the Speaker, in each case for consideration H.R. 4104. A bill to provide for the creation year 2001; to the Committee on Agriculture. of such provisions as fall within the jurisdic- of private-sector-led Community Workforce By Mr. RAMSTAD: tion of the committee concerned. Partnerships, and for other purposes; to the H.R. 4117. A bill to suspend temporarily the By Mr. SWEENEY: Committee on Education and the Workforce. duty on certain filter media; to the Com- H. Res. 381. A resolution expressing the By Mrs. JOHNSON of Connecticut: mittee on Ways and Means. sense of the House of Representatives that a H.R. 4105. A bill to suspend until December By Mr. RAMSTAD: day ought to be established to bring aware- 31, 2005, the duty on Terrazole; to the Com- H.R. 4118. A bill to suspend temporarily the ness to the issue of missing persons; to the mittee on Ways and Means. duty on a certain polymer; to the Committee Committee on Government Reform. on Ways and Means. By Mrs. JOHNSON of Connecticut: f H.R. 4106. A bill to suspend until December By Mr. RYUN of Kansas: 31, 2005, the duty on 2-Mercaptoethanol; to H.R. 4119. A bill to amend title 10, United MEMORIALS States Code, to authorize a voluntary leave the Committee on Ways and Means. Under clause 3 of rule XII, memorials By Mrs. JOHNSON of Connecticut: sharing program for members of the Armed H.R. 4107. A bill to suspend until December Forces; to the Committee on Armed Serv- were presented and referred as follows: 31, 2005, the duty on Bifenazate; to the Com- ices. 209. The SPEAKER presented a memorial mittee on Ways and Means. By Mr. SPRATT: of the Senate of the State of Michigan, rel- By Mr. KOLBE (for himself and Mr. H.R. 4120. A bill to suspend temporarily the ative to Senate Resolution No. 109 memori- FLAKE): duty on para ethylphenol; to the Committee alizing the United States Congress to enact H.R. 4108. A bill to amend the Immigration on Ways and Means. legislation to permit states to promote long- and Nationality Act to improve the adminis- By Mr. SPRATT (for himself, Mr. CLY- term care insurance under Medicaid; to the trative structure for carrying out the immi- BURN, Mr. DEMINT, Mr. BROWN of Committee on Energy and Commerce. gration laws; to the Committee on the Judi- South Carolina, Mr. GRAHAM, and Mr. 210. Also, a memorial of the General As- ciary. WILSON of South Carolina): sembly of the State of Vermont, relative to H1154 CONGRESSIONAL RECORD — HOUSE April 9, 2002

Joint Senate Resolution No. 248 memori- other actions to save personal homes and H.R. 1177: Mr. GEKAS and Mr. PASCRELL. alizing the United States Congress to exer- stabilize credit transactions; jointly to the H.R. 1181: Mr. FOLEY, Mr. HASTINGS of cise the maximum effort possible, in coordi- Committees on Education and the Work- Washington, and Mr. LEACH. nation with the international relief agencies, force, Energy and Commerce, and Ways and H.R. 1184: Mr. NEAL of Massachusetts, Mr. to assure delivery of vital food supplies to Means. FOSSELLA, and Mr. SNYDER. the millions of starving people in Afghani- 218. Also, a memorial of the Senate of the H.R. 1213: Mr. HOBSON. stan; to the Committee on International Re- State of Louisiana, relative to Senate Con- H.R. 1214: Mr. HOBSON. lations. current Resolution No. 11 memorializing the H.R. 1255: Mr. SAWYER. 211. Also, a memorial of the House of Rep- United States Congress to express support H.R. 1265: Mrs. MINK of Hawaii. resentatives of the State of Hawaii, relative and solidarity for actions taken as a result H.R. 1294: Ms. BROWN of Florida, Mr. KIL- to House Concurrent Resolution No. 50 me- of the terrorist attacks launched against the DEE, Mr. FRANK, and Mr. UNDERWOOD. morializing the United States Congress to United States on Tuesday, September 11, H.R. 1295: Mr. HOEFFEL and Ms. WOOLSEY. support legislation to equalize reparations 2001; jointly to the Committees on the Judi- H.R. 1307: Mr. MEEHAN and Mr. PASCRELL. H.R. 1324: Mr. BONIOR, Ms. BERKLEY, and for Japanese of Latin American ancestry in- ciary, Armed Services, and Transportation Mr. FROST. terned during World War II; to the Com- and Infrastructure. mittee on the Judiciary. H.R. 1354: Mr. SIMMONS and Ms. WATSON. f 212. Also, a memorial of the General As- H.R. 1360: Mrs. KELLY, Mr. WEINER, Mr. sembly of the State of California, relative to ADDITIONAL SPONSORS ENGEL, and Ms. BERKLEY. Assembly Joint Resolution No. 5 memori- H.R. 1433: Mr. MORAN of Virginia. alizing the President and Congress of the Under clause 7 of rule XII, sponsors H.R. 1452: Mr. BERMAN. United States to fully fund the Coast were added to public bills and resolu- H.R. 1460: Mr. CALVERT. H.R. 1475: Mr. SIMMONS, Mr. GALLEGLY, Mr. Guard’s operational readiness and recapital- tions as follows: DINGELL, Mr. SULLIVAN, and Mr. BACA. ization requirements to ensure this humani- H.R. 122: Mr. KINGSTON, Mr. PENCE, Mrs. H.R. 1520: Mr. BAIRD, Mr. HALL of Texas, tarian arm of our National Security remains CAPITO, Ms. ROS-LEHTINEN, Mr. MICA, and Mr. GRUCCI, Mr. FRANK, and Mrs. ROUKEMA. Semper Paratus through the 21st century; to Mr. GIBBONS. H.R. 1556: Mr. WAMP, Mr. JOHNSON of Illi- the Committee on Transportation and Infra- H.R. 144: Mr. CUMMINGS, Mr. KILDEE, Mr. nois, Mr. REYES, Mr. LEVIN, Mr. DEMINT, Mr. structure. ENGEL, and Ms. KAPTUR. NEY, Mr. JENKINS and Ms. SOLIS. 213. Also, a memorial of the General As- H.R. 168: Ms. DUNN. H.R. 1581: Mr. SHERWOOD, Mr. LUCAS of sembly of the State of California, relative to H.R. 183: Mr. HOLDEN. Oklahoma, Mr. BALLENGER, and Mr. BOEH- Assembly Joint Resolution No. 17 memori- H.R. 218: Mr. GANSKE. LERT. alizing the President and Congress of the H.R. 250: Mrs. CLAYTON. H.R. 1598: Mr. FRELINGHUYSEN. United States to urge the Congress of the H.R. 280 Mr. BOOZMAN. H.R. 1624: Mr. RODRIGUEZ, Mr. LYNCH, Mr. United States to amend paragraph (4) of Sec- H.R. 303: Mr. LUTHER. CHAMBLISS, and Mr. DINGELL. tion 143 (l) of the Internal Revenue Code of H.R. 360: Mr. WAXMAN and Mr. ABER- H.R. 1626: Mr. WELLER. 1986 to read: ‘‘(6) Qualified veteran—For pur- CROMBIE. H.R. 1671: Mr. JACKSON of Illinois, Mr. poses of this subsection, the term ‘qualified H.R. 448: Mr. DOOLITTLE. LANGEVIN, and Ms. BROWN of Florida. H.R. 488: Ms. SCHAKOWSKY, Mr. LYNCH, and veteran’ means any veteran——(A) who H.R. 1672: Mr. HALL of Ohio and Ms. WAT- Ms. WATSON. meets such requirements as may be imposed SON. H.R. 519: Mr. BISHOP. by the State law pursuant to which qualified H.R. 1673: Mr. KILDEE. H.R. 527: Mrs. BIGGERT. veterans’ mortgage bonds are issued’’; to the H.R. 1784: Mr. BALDACCI, Mr. OWENS, and H.R. 572: Mr. BONILLA and Mr. GEKAS. Committee on Ways and Means. Ms. WOOLSEY. RUCCI 214. Also, a memorial of the General As- H.R. 599: Mr. G . H.R. 1795: Mr. LINDER, Mr. ADERHOLT, Mr. H.R. 628: Mr. BOYD, Mr. CRENSHAW, Mrs. sembly of the State of California, relative to BAIRD, Mr. RAMSTAD, Ms. MCCOLLUM, Mr. THURMAN, Mr. MICA, Mr. BILIRAKIS, Mr. Assembly Joint Resolution No. 15 memori- LEVIN, Mr. NUSSLE, and Mr. LARSON of Wash- alizing the President and Congress of the YOUNG of Florida, Mr. DAVIS of Florida, Mr. ington. United States and the United States Border DAN MILLER of Florida, Mr. GOSS, Mr. FOLEY, H.R. 1808: Mr. ROHRABACHER, Mr. OLVER, Patrol to proceed in a cooperative effort Mrs. MEEK of Florida, Ms. ROS-LEHTINEN, Mr. Mr. CONYERS, Mrs. CHRISTENSEN, and Ms. with the Mexican government through the DEUTSCH, Mr. WEXLER, Mr. HASTINGS of Flor- ROS-LEHTINEN. working group on migrations and border ida, and Mr. STEARNS. H.R. 1810: Mr. ENGEL. safety to achieve a comprehensive examina- H.R. 629: Mr. BOYD, Mr. CRENSHAW, Mrs. H.R. 1822: Mr. LEACH, Mr. GRAHAM, Mr. tion of border safety and migration issues, THURMAN, Mr. MICA, Mr. BILIRAKIS, Mr. SMITH of Washington, Mr. LYNCH, Mr. COYNE, an assessment of the impact of United States YOUNG of Florida, Mr. DAVIS of Florida, Mr. Mr. BOEHLERT, Mr. CROWLEY, Mr. OLVER, and border initiatives, enhanced investigations DAN MILLER of Florida, Mr. GOSS, Mr. FOLEY, Mr. CLEMENT. and prosecutions of criminal gangs of smug- Mrs. MEEK of Florida, Ms. ROS-LEHTINEN, Mr. H.R. 1830: Mr. ALLEN and Mr. KIND. glers, and increasing search and rescue oper- DEUTSCH, Mr. WEXLER, Mr. HASTINGS of Flor- H.R. 1882: Mr. BISHOP. ations along the border; jointly to the Com- ida, and Mr. STEARNS. H.R. 1904: Mr. FALEOMAVAEGA, Mr. SMITH of mittees on International Relations and the H.R. 630: Ms. WATSON. New Jersey, Ms. VELAZQUEZ, Mr. SABO, Mr. Judiciary. H.R. 632: Ms. JACKSON-LEE of Texas and Ms. UDALL of Colorado, Mrs. MINK of Hawaii, Mr. 215. Also, a memorial of the House of Rep- WATSON. NADLER, Mr. DAVIS of Florida, Mr. DOYLE, resentatives of the State of Michigan, rel- H.R. 638: Mrs. MORELLA. Mr. BARRETT, and Mr. BISHOP. ative to House Resolution No. 213 memori- H.R. 745: Ms. MCCOLLUM. H.R. 1908: Mr. LAHOOD, Mr. OTTER, Mr. alizing the Congress of the United States, H.R. 747: Mrs. NAPOLITANO. LUCAS of Kentucky, and Mr. ENGLISH. the Department of Defense, and the Depart- H.R. 781: Mr. MATHESON. H.R. 1911: Mr. WELLER. ment of State to increase efforts to account H.R. 786: Mr. LaTourette and Ms. WATSON. H.R. 1935: Mr. HOLDEN, Mr. HOLT, Mr. SHU- fully for American military personnel miss- H.R. 817: Mr. CALVERT. STER, Mr. PASCRELL, Mr. RANGEL, Mr. ing in action in southeast Asia; jointly to H.R. 827: Mr. BARCIA, Mrs. JOHNSON of Con- GREENWOOD, Mr. CALVERT, Mr. TOM DAVIS of the Committees on International Relations necticut, Mr. GILMAN, Mr. ISRAEL, and Mr. Virginia, Mr. MARKEY, Mr. OLVER, Mr. CON- and Armed Services. SANDERS. YERS, Mr. BORSKI, Mr. NEAL of Massachu- 216. Also, a memorial of the House of Rep- H.R. 831: Mr. GEKAS, Mr. JEFFERSON, Mr. setts, Mr. SHOWS, Mr. MORAN of Virginia, Mr. resentatives of the State of Maine, relative HYDE, Mr. SAWYER, Mr. MICA, Mr. OTTER, Mr. PETERSON of Pennsylvania, Mr. GILCHREST, to a Joint Resolution memorializing the GREENWOOD, Mr. WELDON of Florida, Mr. Mr. HONDA, Mr. PENCE, Mr. PICKERING, and United States Congress to honor Maine vic- SMITH of New Jersey, and Mr. BAIRD. Mr. FROST. tims of the September 11th tragedy; jointly H.R. 858: Mr. UDALL of Colorado. H.R. 1978: Mr. GEORGE MILLER of Cali- to the Committees on the Judiciary and H.R. 914: Mr. CANTOR. fornia. International Relations. H.R. 938: Ms. SLAUGHTER and Mr. HASTINGS H.R. 2012: Mr. LIPINSKI, Mr. LARSEN of 217. Also, a memorial of the House of Rep- of Florida. Washington, Mr. FOLEY, Mr. STENHOLM, Mr. resentatives of the Commonwealth of Penn- H.R. 950: Mr. LEWIS of Kentucky. MASCARA, Mr. CALVERT, Mr. BONILLA, Mr. sylvania, relative to House Resolution No. H.R. 951: Mr. ORTIZ, Mr. DAVIS of Florida, PASCRELL, Mr. GEKAS, and Mr. MATHESON. 348 memorializing the United States Con- Ms. DUNN, Mr. SKEEN, Mr. GREEN of Texas, H.R. 2074: Mr. BROWN of Ohio. gress to help workers by considering the fol- Mr. SESSIONS, Mrs. CAPITO, Mr. WAMP, Ms. H.R. 2125: Mr. SMITH of Texas, Ms. KAPTUR, lowing provisions: extending federally fund- BROWN of Florida, Mr. HASTINGS of Florida, Mr. TIAHRT, Mrs. MCCARTHY of New York, ed unemployment compensation, where and Mr. DEFAZIO. Mr. BORSKI, Mr. BONILLA, Mr. HINOJOSA, Mr. needed by 26 weeks; aiding workers by im- H.R. 952: Mr. GRAHAM. GREEN of Texas, Mr. RUSH, and Mr. DEMINT. proving health care access by at least paying H.R. 978: Mr. HONDA. H.R. 2148: Mr. ABERCROMBIE. 75% of the COBRA health care costs and H.R. 1009: Mrs. KELLY. H.R. 2161: Mr. SKELTON. other health care assistance; aiding workers H.R. 1043: Ms. WATSON. H.R. 2162: Mr. MENENDEZ. by fully funding targeted training and work- H.R. 1111: Mr. ROTHMAN, Mr. LARSON of H.R. 2163: Mr. DIAZ-BALART, Mr. PASTOR, er reemployment programs and taking such Connecticut, Mr. HOYER, and Mr. LANTOS. Mr. DOYLE, Mr. MCNULTY, Mr. HASTINGS of April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1155

Florida, Mr. CARSON of Oklahoma, Mr. GOR- H.R. 3335: Mr. OWENS. H.R. 3733: Ms. MCCOLLUM, Mrs. MINK of Ha- DON, Mr. FORBES, and Mr. INSLEE. H.R. 3337: Mr. GORDON and Ms. HART. waii, Mr. FALEOMAVAEGA, Mr. BACA, and Mrs. H.R. 2173: Mr. MARKEY, Mr. DINGELL, Mr. H.R. 3351: Mr. CROWLEY, Mr. KNOLLENBERG, DAVIS of California. GREEN of Texas, and Ms. NORTON. Mr. SIMMONS, Mr. SULLIVAN, and Ms. KAP- H.R. 3741: Ms. RIVERS and Mr. HALL of H.R. 2222: Mr. EVANS and Mr. REYES. TUR. Texas. H.R. 2228: Mr. STUPAK. H.R. 3358: Mr. CAPUANO. H.R. 3747: Mrs. MINK of Hawaii, Ms. DUNN, H.R. 2230: Mr. PAYNE. H.R. 3363: Mr. ROSS, Mr. BARRETT, Mr. Ms. ESHOO, and Mr. DEFAZIO. H.R. 2239: Mr. SANDERS. GRAHAM, Mr. OSBORNE, Mr. BROWN of South H.R. 3749: Mr. BONIOR, Ms. MCKINNEY, Mrs. H.R. 2290: Mr. ABERCROMBIE, Mr. SMITH of Carolina, Mr. KILDEE, and Mr. KIRK. JONES of Ohio, Mr. CASTLE, Ms. MILLENDER- Washington, and Mr. HAYWORTH. H.R. 3389: Mr. CAPUANO, Mr. FILNER, Mr. MCDONALD, and Ms. BROWN of Florida. H.R. 2347: Mr. MANZULLO and Mr. LEACH. SMITH of Washington, Mrs. THURMAN, Mr. H.R. 3763: Mrs. BIGGERT. H.R. 2378: Mr. GORDON. MORAN of Virginia, Mr. BAKER, Mr. SCOTT, H.R. 3771: Mr. BACA and Mr. FILNER. H.R. 2405: Mr. OWENS. Mrs. MALONEY of New York, Mr. SCHROCK, H.R. 3773: Mr. NEY and Mr. COBLE. H.R. 2419: Mr. PALLONE. Ms. MCKINNEY, Mr. PICKERING, Mr. OLVER, H.R. 3775: Mr. DOGGETT and Mr. FROST. H.R. 2442: Mr. ACKERMAN and Mr. FORBES. Mr. DEMINT, Mr. NORWOOD, Mr. HOLDEN, Ms. H.R. 3781: Mr. MCGOVERN, Mr. FILNER, Mr. H.R. 2449: Mr. SIMMONS. WOOLSEY, Mr. PASCRELL, Mr. TIERNEY, Ms. ISAKSON, Mr. FATTAH, Mr. WAXMAN, Mr. NDREWS EKAS H.R. 2462: Mr. A , Mr. G , Mr. ESHOO, Mr. JEFFERSON, Mr. SHERMAN, and FRANK, Mr. TAYLOR of Mississippi, Mr. HALL OLDEN OLEY ONILLA H , Mr. F , Mr. B , and Mr. Mr. CHAMBLISS. of Ohio, Ms. ROYBAL-ALLARD, and Mr. NAD- COOKSEY. H.R. 3399: Mr. THOMPSON of California and LER. H.R. 2487: Mr. HOLT, Mr. OWENS, and Mr. Mrs. TAUSCHER. H.R. 3784: Mr. PLATTS, Mr. BROWN of South CLEMENT. H.R. 3414: Ms. HOOLEY of Oregon, Mr. FIL- Carolina, Mr. WICKER, Mr. OLVER, Mr. SAW- H.R. 2555: Mr. DAVIS of Florida. NER, Mr. KILDEE, Ms. ROYBAL-ALLARD, Mr. YER, Mr. MCINTYRE, Mr. BARRETT, Mr. KEN- H.R. 2569: Mr. GILLMOR. CLAY, and Mr. TANCREDO. NEDY of Rhode Island, Ms. MCCOLLUM, Mr. H.R. 2570: Mr. BACA. H.R. 3430: Mr. KILDEE, Mr. FILNER, Mr. BENTSEN, Mrs. BIGGERT, Mr. WAMP, Mr. H.R. 2592: Mr. MCDERMOTT and Mr. UDALL GORDON, Mr. JEFFERSON, Ms. KAPTUR, Mr. LANGEVIN, Mr. MOORE, Mr. EHLERS, Mr. of Colorado. DEMINT, Mr. RANGEL, Mrs. MALONEY of New JOHNSON of Illinois, Mr. LATOURETTE, Mrs. H.R. 2623: Mr. PALLONE, Ms. BROWN of Flor- York, and Mr. FROST. TAUSCHER, Mr. SNYDER, Mr. GILLMOR, Mr. ida, and Mr. LYNCH. H.R. 3431: Mr. REYES, Mr. BARTON of Texas, PRICE of North Carolina, Mr. FARR of Cali- H.R. 2624: Ms. WATSON, Mr. LYNCH, Mr. Mr. BRYANT, Mr. SMITH of New Jersey, Mr. fornia, Mr. TAYLOR of Mississippi, and Mr. FOLEY, and Mr. HINCHEY. RAMSTAD, Mr. GEORGE MILLER of California, ETHERIDGE. H.R. 2629: Mr. ALLEN, Mr. CUMMINGS, Mr. Mrs. MINK of Hawaii, Mr. JOHN, Mr. COYNE, H.R. 3794: Mr. OWENS, Mr. STUPAK, Mr. BAIRD, Ms. CARSON of Indiana, Mr. ABER- Mr. BAIRD, Mr. NEAL of Massachusetts, Mr. CALVERT, Mrs. LOWEY, Mr. LATOURETTE, Mr. CROMBIE, Mr. PICKERING, and Mrs. TAUSCHER. MATHESON, Mr. SNYDER, Ms. RIVERS, Mr. ANDREWS, Ms. BROWN of Florida, Mr. DICKS, H.R. 2631: Mr. LATOURETTE and Mr. BERRY, Mr. CAPUANO, Mr. ISAKSON, Mr. Mr. HASTINGS of Florida, Mr. RANGEL, Mr. SHIMKUS. EACH ENTSEN OGERS MEEKS of New York Mr. EHRLICH, and Mr. H.R. 2637: Mrs. CAPITO and Mr. RAHALL. L , Mr. B , Mr. R of Michi- BERMAN. H.R. 2649: Mr. NUSSLE, Mr. RYAN of Wis- gan, Mr. LEVIN, Mr. PITTS, Mrs. THURMAN, H.R. 3805: Mr. BARR of Georgia, Mr. consin, Mr. KANJORSKI, Mr. CRENSHAW, Mr. Mr. MICA, and Mr. CARDIN. HUNTER, Mr. SULLIVAN, and Mr. HAYES. GORDON, and Mr. BACA. H.R. 3450: Mr. NETHERCUTT, Mr. MENENDEZ, H.R. 3807: Mr. DAVIS of Illinois, Mr. H.R. 2663: Ms. DELAURO and Mr. TIERNEY. Mr. FARR of California, Mr. COOKSEY, Ms. FATTAH, Ms. KILPATRICK, Mr. WYNN, Mr. H.R. 2695: Mr. CANNON and Ms. PRYCE of RIVERS, Mr. BLAGOJEVICH, Mrs. MINK of Ha- HILLIARD, Mr. CLYBURN, Mr. THOMPSON of Ohio. waii, Mr. BONIOR, Ms. ROYBAL-ALLARD, Mr. Mississippi, Mr. TOWNS, Ms. BROWN of Flor- H.R. 2723: Mr. KNOLLENBERG. CARDIN, Mr. HOEFFEL, Mr. MCNULTY, and Mr. ida, Ms. JACKSON-LEE of Texas, and Mr. H.R. 2725: Mr. SHERMAN. LEVIN. LAY H.R. 2726: Mr. DUNCAN, Mr. CALVERT, Mrs. H.R. 3462: Mr. MEEHAN, Mr. JOHN, Mr. C . H.R. 3808: Mr. GUTKNECHT, Mr. JONES of CUBIN, Mr. COX, and Mr. TANCREDO. PASCRELL, Ms. SCHAKOWSKY, Mr. STRICK- H.R. 2740: Mrs. JOHNSON of Connecticut. LAND, Mr. TRAFICANT, Ms. HOOLEY of Oregon, North Carolina, and Mr. ACEVEDO-VILA. H.R. 2765: Mr. BOSWELL. Mr. FOLEY, Mr. GUTIERREZ, Mr. MCDERMOTT, H.R. 3814: Mr. PRICE of North Carolina, Ms. H.R. 2820: Mr. ORTIZ, Ms. SCHAKOWSKY, Mr. and Mr. THORNBERRY. KILPATRICK, Mr. BONIOR, and Mr. ISAKSON. EHRLICH, Mr. LUCAS of Kentucky, Mr. GON- H.R. 3464: Ms. ROYBAL-ALLARD, Mr. OLVER, H.R. 3818: Mr. WATT of North Carolina, ZALEZ, Mr. SHUSTER, and Mr. HOLDEN. Mr. HORN, Mrs. MINK of Hawaii, and Mr. CLY- Mrs. CLAYTON, Mr. BLAGOJEVICH, Mrs. DAVIS H.R. 2868: Mr. MCNULTY, Mr. MORAN of BURN. of California, Mr. RANGEL, Mr. OWENS, Mrs. Kansas, Mr. BACHUS, Mr. TIERNEY, and Mr. H.R. 3494: Mrs. LOWEY. MEEK of Florida, Ms. KILPATRICK, Mr. FIL- CLEMENT. H.R. 3512: Mr. RANGEL. NER, Mr. SANDERS, and Ms. ROYBAL-ALLARD. H.R. 2874: Mr. FALEOMAVAEGA, Mr. OWENS, H.R. 3521: Mr. WAXMAN and Mr. LIPINSKI. H.R. 3825: Mr. FRANK, Mr. ROGERS of Michi- and Mr. NADLER. H.R. 3524: Ms. SOLIS, Ms. SCHAKOWSKY, Ms. gan, Ms. HART, and Mr. DEUTSCH. H.R. 2878: Ms. KAPTUR and Mr. FROST. WATSON, and Mr. RANGEL. H.R. 3831: Mr. PAUL, Mr. KILDEE, Mr. H.R. 2953: Ms. ROYBAL-ALLARD, Mrs. H.R. 3530: Mrs. JOHNSON of Connecticut. PLATTS, Mr. SMITH of Washington, Ms. TAUSCHER, Mr. GIBBONS, Ms. SOLIS, Ms. WAT- H.R. 3569: Mr. TIAHRT, Mr. MURTHA, and BROWN of Florida, Mr. MCGOVERN, Mr. SON, and Ms. BERKLEY. Mr. BISHOP. HOLDEN, Mr. FALEOMAVAEGA, Mr. GORDON, H.R. 2974: Ms. MCCOLLUM, Mr. UDALL of H.R. 3581: Ms. SCHAKOWSKY and Mr. PAYNE. Mr. DEMINT, Ms. HOOLEY of Oregon, Ms. New Mexico, Mr. POMEROY, Mr. WAXMAN, and H.R. 3594: Mr. CARSON of Oklahoma. BALDWIN, Mr. GILMAN, Mrs. JO ANN DAVIS of Mr. MATHESON. H.R. 3597: Ms. SCHAKOWSKY. Virginia, Mr. BACA, and Mr. UNDERWOOD. H.R. 3025: Mr. PASTOR and Mrs. MEEK of H.R. 3616: Mr. FILNER, Mr. HOEFFEL, Mr. H.R. 3833: Ms. BROWN of Florida, Ms. HART, Florida. CLAY, Ms. MCKINNEY, Mr. HINCHEY, Ms. LEE, Mr. FOSSELLA, Mr. RUSH, Mr. GORDON, Mr. H.R. 3087: Mr. GORDON. and Mr. STARK. FLETCHER, and Mr. GREEN of Wisconsin. H.R. 3113: Mr. HINOJOSA, Mr. CUMMINGS, H.R. 3618: Mr. BOYD, Mrs. CLAYTON, Mr. H.R. 3839: Mrs. BIGGERT, Mr. GEORGE MIL- Mrs. NAPOLITANO, Mr. BLAGOJEVICH, and Ms. BACHUS, Mr. COBLE, and Mr. Pickering. LER of California, and Mr. ROEMER. ESHOO. H.R. 3628: Ms. BERKLEY, Mrs. JONES of H.R. 3840: Mr. KENNEDY of Rhode Island. H.R. 3132: Mr. COSTELLO, Mr. INSLEE, Mr. Ohio, Ms. CARSON of Indiana, Mr. H.R. 3882: Mrs. CHRISTENSEN, Mr. WAMP, BAIRD, Ms. BROWN of Florida, Mr. MORAN of BLAGOJEVICH, Mr. WATT of North Carolina, Mr. EHLERS, Mr. BOEHLERT, Mr. FRANK, Mr. Virginia, Mrs. TAUSCHER, Mr. DICKS, Mr. Mr. RANGEL, and Mr. SERRANO. MCINTYRE, Mr. SHAYS, Mr. TOWNS, Ms. OLVER, Mr. MARKEY, and Ms. RIVERS. H.R. 3639: Mr. FALEOMAVAEGA. GRANGER, Mr. SMITH of New Jersey, Mr. H.R. 3139: Mr. NUSSLE. H.R. 3661: Mrs. DAVIS of California, Mr. WOLF, Ms. WOOLSEY, and Mr. BRADY of Penn- H.R. 3186: Ms. MILLENDER-MCDONALD. LANTOS, Mr. HASTINGS of Washington, Mr. sylvania. H.R. 3211: Mrs. BIGGERT. TANCREDO, and Mr. ROHRABACHER. H.R. 3884: Mr. STUPAK. H.R. 3231: Mr. KENNEDY of Minnesota, Ms. H.R. 3670: Mr. SMITH of Washington, Mrs. H.R. 3887: Mr. ROTHMAN, Mr. ABERCROMBIE, PRYCE of Ohio, and Mr. KELLER. TAUSCHER, Mr. MCDERMOTT, Mr. RAHALL, Mr. Mr. SHERMAN, Mr. FILNER, Ms. SCHAKOWSKY, H.R. 3233: Mr. BRADY of Pennsylvania, Ms. BAIRD, Mr. ETHERIDGE, Mr. DAVIS of Illinois, Mr. FARR of California, Ms. LEE, Mrs. CAPPS, MCKINNEY, and Mr. BACA. and Mr. NORWOOD. Mr. OWENS, Mr. OLVER, Mr. STARK, Mr. H.R. 3238: Ms. CARSON of Indiana, Mr. H.R. 3686: Mr. SHIMKUS and Mr. PAYNE. THOMPSON of California, Mr. BLUMENAUER, BLAGOJEVICH, and Ms. RIVERS. H.R. 3694: Mr. SUNUNU. Mr. FRANK, Mrs. TAUSCHER, Mr. BALDACCI, H.R. 3244: Mr. SESSIONS, Mr. DINGELL, Ms. H.R. 3710: Mr. LEACH, Mr. MCNULTY, Mr. Mr. BLAGOJEVICH, Ms. RIVERS, Mr. WEXLER, MCCARTHY of Missouri, and Mr. LEACH. REYES, Mr. WEXLER, and Ms. WOOLSEY. Mr. WAXMAN, Mrs. LOWEY, Mr. HORN, Mr. H.R. 3267: Mr. BERMAN. H.R. 3713: Mr. WALDEN of Oregon and Mr. GEORGE MILLER of California, Ms. WATSON, H.R. 3321: Mr. CHAMBLISS, Mr. JOHNSON of SANDERS. Mr. DEFAZIO, and Mr. SANDLIN. Illinois, and Mr. WILSON of South Carolina. H.R. 3715: Mr. SWEENEY. H.R. 3894: Mr. KUCINICH, Mr. H.R. 3324: Mr. LANTOS, Ms. LEE, Mr. MEE- H.R. 3731: Mr. UDALL of New Mexico and FALEOMAVAEGA, Mr. PASCRELL, and Ms. HAN, and Ms. ROYBAL-ALLARD. Mr. MILLER of Florida. WOOLSEY. H1156 CONGRESSIONAL RECORD — HOUSE April 9, 2002

H.R. 3898: Mr. BLUMENAUER. MONS, Ms. WATSON, Mr. BLUMENAUER, Mr. priate approximately $12 million to the H.R. 3906: Mr. BARTLETT of Maryland, Mrs. SNYDER, Ms. BERKLEY, Mr. RUSH, Mr. DOYLE, North Rockland Central School District for MINK of Hawaii, Mr. UNDERWOOD, Ms. Ms. NORTON, Mr. WAXMAN, Ms. KAPTUR, Mr. the redevelopment of the Letchworth Devel- SCHAKOWSKY, and Mr. LANTOS. HINCHEY, Mr. TOWNS, Mrs. TAUSCHER, Mr. opment Center in Haverstraw and Stony H.R. 3912: Mr. PAYNE, Mrs. JONES of Ohio, INSLEE, Ms. PELOSI, Mr. GREENWOOD, Mrs. Point, New York; which was referred to the and Mr. WEXLER. MINK of Hawaii, Mr. MCDERMOTT, Ms. BROWN Committee on Education and the Workforce. H.R. 3915: Ms. SCHAKOWSKY, Mr. ACKERMAN, of Florida, Mr. MCGOVERN, Mr. SERRANO, Mr. f Mr. MCDERMOTT, Mr. BALDACCI, Mr. LYNCH, MALONEY of Connecticut, Mr. BRADY of Penn- Ms. ROYBAL-ALLARD, Mr. BLUMENAUER, Mr. sylvania, Mrs. THURMAN, Mr. COYNE, Ms. AMENDMENTS SANDERS, and Ms. MCKINNEY. SCHAKOWSKY, Ms. JACKSON-LEE of Texas, Mr. Under clause 8 of rule XVIII, pro- H.R. 3916: Mr. SMITH of Washington, Mr. BORSKI, Mr. PAYNE, Mr. CLYBURN, Mr. BLUMENAUER, Mr. BACA, Ms. MCKINNEY, Mr. LARSEN of Washington, Mr. CONYERS, Mr. posed amendments were submitted as SHAYS, Mrs. CAPPS, Ms. DELAURO, Mr. OBERSTAR, Ms. RIVERS, Mr. KILDEE, Mr. MAR- follows: FRANK, Ms. LEE, Mr. LARSEN of Washington, KEY, Mr. HOLDEN, Mr. LANGEVIN, Mr. JEFFER- H.R. 3925 Mr. MCGOVERN, Mr. WU, Ms. KAPTUR, and Mr. SON, Mr. CUMMINGS, Mr. LARSON of Con- OFFERED BY: MR. TOM DAVIS OF VIRGINIA ABERCROMBIE. necticut, Mr. MOLLOHAN, Mr. GILCHREST, AMENDMENT NO. 1: At the end of section H.R. 3917: Mrs. THURMAN, Ms. HART, Mrs. Mrs. CAPPS, Ms. DELAURO, Mr. DAVIS of Flor- 3702 of title 5, United States Code (as con- TAUSCHER, Mr. GEORGE MILLER of California, ida, and Ms. KILPATRICK. tained in section 3(a) of the bill), add the fol- Mr. SERRANO, Mr. HOLT, Mr. SHUSTER, and H.R. 4078: Mr. SCHAFFER. lowing: Mr. KING. H.J. Res. 6: Mrs. MALONEY of New York, ‘‘(f) CONSIDERATIONS.—In exercising any H.R. 3932: Mrs. CAPPS, Ms. SCHAKOWSKY, Mr. ACKERMAN, and Mr. OWENS. authority under this chapter, an agency Mr. LARSEN of Washington, Mr. KENNEDY of H.J. Res. 20: Mr. WICKER. shall take into consideration— Rhode Island, Mrs. LOWEY, and Ms. ROYBAL- H.J. Res. 40: Mr. FRELINGHUYSEN. ‘‘(1) the need to ensure that small business ALLARD. H. Con. Res. 42: Mr. FOLEY, Ms. concerns are appropriately represented with H.R. 3946: Mr. PETRI. SCHAKOWSKY, Mr. GORDON, and Mr. CLAY. respect to the assignments described in sec- H.R. 3955: Mrs. CHRISTENSEN. H. Con. Res. 127: Mr. GILMAN, Mr. ENGEL, tions 3703 and 3704, respectively; and H.R. 3956: Mr. BARRETT. Mr. TOWNS, Ms. WATSON, Mr. SABO, Mr. CLAY, ‘‘(2) how assignments described in section H.R. 3962: Mr. DUNCAN, Mr. DOOLITTLE, Mr. Mr. FROST, Ms. BROWN of Florida, Mr. 3703 might best be used to help meet the SKEEN, Mr. CANNON, Mr. WALDEN of Oregon, FOSSELLA, Ms. NORTON, and Mr. OWENS. needs of the agency for the training of em- and Mr. HASTINGS of Washington. H. Con. Res. 162: Mr. ROTHMAN. ployees in information technology manage- H.R. 3974: Mr. WAMP, Mrs. CHRISTENSEN, H. Con. Res. 177: Mr. UDALL of New Mexico, ment. Mr. DAVIS of Illinois, Mr. FATTAH, Ms. KIL- Mr. PAYNE, Ms. WATSON, and Mr. WU. At the end of section 3704 of title 5, United PATRICK, Mr. WYNN, Mr. HILLIARD, Mr. CLY- H. Con. Res. 182: Mr. TOWNS, Ms. LEE, Mr. States Code (as contained in section 3(a) of BURN, Ms. LEE, Mr. THOMPSON of Mississippi, HASTINGS of Florida, Mr. CLAY, and Mr. the bill), add the following: Mr. TOWNS, Mr. BISHOP, Ms. BROWN of Flor- DAVIS of Illinois. ‘‘(d) PROHIBITION AGAINST CHARGING CER- ida, and Mr. CLAY. H. Con. Res. 238: Mr. BILIRAKIS. TAIN OSTS TO THE EDERAL OVERNMENT H.R. 3975: Mr. NUSSLE. H. Con. Res. 268: Mr. COOKSEY. C F G .—A H.R. 3983: Mr. DEFAZIO, Mr. BAIRD, and Mr. H. Con. Res. 314: Mr. KERNS, Mr. SESSIONS, private sector organization may not charge BEREUTER. Mr. SCHROCK, Ms. BROWN of Florida, Mr. SHU- the Federal Government, as direct or indi- H.R. 3995: Mr. PETERSON of Minnesota, Mr. STER, Mr. MCGOVERN, Mr. HASTINGS of Flor- rect costs under a Federal contract, the SIMMONS, Mr. SHOWS, Mr. GREEN of Texas, ida, and Mr. FROST. costs of pay or benefits paid by the organiza- and Mr. BOEHLERT. H. Con. Res. 315: Mr. RYUN of Kansas. tion to an employee assigned to an agency H.R. 4000: Mr. SMITH of New Jersey, Mrs. H. Con. Res. 316: Mr. SULLIVAN. under this chapter for the period of the as- EMERSON, Mr. NORWOOD, Mr. RUSH, Mr. FIL- H. Con. Res. 317: Mr. BEREUTER. signment. NER, Mr. COSTELLO, Mr. CUMMINGS, Mr. H. Con. Res. 320: Mr. PALLONE, Mr. BROWN Insert after section 5 of the bill the fol- LYNCH, Mr. DICKS, Mrs. MINK of Hawaii, and of Ohio, Mrs. THURMAN, Mr. BONIOR, Mr. lowing new section (and redesignate the suc- Mr. PHELPS. SMITH of New Jersey, Mr. SNYDER, and Mr. ceeding section accordingly): H.R. 4003: Mr. ENGEL. BOEHLERT. SEC. 6. REPORT ON THE ESTABLISHMENT OF A H.R. 4014: Mr. MCGOVERN, Mr. HORN, Mr. H. Con. Res. 340: Mr. ISAKSON, Mrs. JONES GOVERNMENTWIDE INFORMATION TECHNOLOGY TRAINING PROGRAM. SMITH of New Jersey, Ms. MCKINNEY, Mrs. of Ohio, and Mr. BISHOP. MORELLA, Mr. WYNN, Mr. GREEN of Texas, H. Con. Res. 346: Mr. MCGOVERN, Ms. (a) IN GENERAL.—Not later January 1, 2003, Mr. TOWNS, Mr. FRANK, Mr. LYNCH, Mr. PELOSI, Mr. FRANK, Mr. NADLER, Ms. LEE, the Office of Personnel Management, in con- PALLONE, Ms. RIVERS, Mr. GEORGE MILLER of Ms. SOLIS, Mr. LANTOS, Ms. WOOLSEY, Ms. sultation with the Chief Information Officers California, and Mrs. CAPPS. BALDWIN, Ms. ROYBAL-ALLARD, and Mr. Council and the Administrator of General H.R. 4017: Mr. BLUMENAUER, Ms. HARMAN, TOWNS. Services, shall review and submit to the and Mr. LANTOS. H. Con. Res. 358: Mr. PICKERING, Mr. Committee on Government Reform of the H.R. 4018: Mr. FILNER, Mr. GOODE, and Mr. LANGEVIN, Mr. BORSKI, Mr. QUINN, Mr. House of Representatives and the Committee FROST. ENGEL, Mr. STRICKLAND, Mrs. MORELLA, Mr. on Governmental Affairs of the Senate a H.R. 4019: Mr. GIBBONS, Mr. KENNEDY of JOHN, Mr. MICA, Mr. BOOZMAN, Mr. MATSUI, written report on the following: Minnesota, Mr. BAKER, Mr. MANZULLO, Mr. Mr. WAXMAN, Mr. FATTAH, and Mr. (1) The adequacy of any existing informa- BARR of Georgia, Mr. CANTOR, and Mr. HOSTETTLER. tion technology training programs available VITTER. H. Con. Res. 363: Mr. OTTER, Mr. BISHOP, to Federal employees on a Governmentwide H.R. 4020: Mr. BARR of Georgia, Mr. CAN- Mr. OWENS, and Mr. HASTINGS of Florida. basis. TOR, and Mr. SIMMONS. H. Con. Res. 366: Mr. FALEOMAVAEGA. (2)(A) If one or more such programs al- H.R. 4026: Mr. PENCE, Ms. BROWN of Flor- H. Res. 105: Mr. OLVER and Mr. LANTOS. ready exist, recommendations as to how they ida, Mr. HALL of Ohio, and Mr. SCHAFFER. H. Res. 117: Mr. RANGEL. might be improved. H.R. 4032: Mr. KILDEE, Mr. MCNULTY, Mr. H. Res. 190: Mr. CARSON of Oklahoma. (B) If no such program yet exists, rec- BROWN of Ohio, Mr. PALLONE, Mrs. MCCAR- H. Res. 197: Mr. SOUDER. ommendations as to how such a program THY of New York, Ms. LEE, Ms. BROWN of H. Con. Res. 363: Mr. HASTINGS of Florida, might be designed and established. Florida, Mr. WYNN, Mr. TOWNS, Ms. WATSON, Mr. FALEOMAVAEGA, Mr. ACEVEDO-VILA, Mrs. (3) With respect to any recommendations Mrs. CLAYTON, Mrs. CHRISTENSEN, Ms. NOR- CHRISTENSEN, Mr. SCHAFFER, Mr. RADANO- under paragraph (2), how the program under TON, Mr. STUPAK, Ms. MILLENDER-MCDONALD, VICH, Mr. WALDEN of Oregon, Mr. SIMPSON, chapter 37 of title 5, United States Code, Mr. NADLER, Ms. DELAURO, Mr. FILNER, Mr. Mr. OTTER, Mr. UDALL of New Mexico, Mr. might be used to help carry them out. LANGEVIN, Mr. GORDON, Mr. ACKERMAN, Mr. UDALL of Colorado, Mr. TAUZIN, Mrs. CUBIN, (b) COST ESTIMATE.—The report shall, for JACKSON of Illinois, Mr. KAPTUR, Mr. LYNCH, Mr. POMBO, Mr. GIBBONS, Mr. RAHALL, Mr. any recommended program (or improve- Mr. GRUCCI, Mr. HORN, Mr. SANDERS, and Ms. MCINNIS, Mr. HASTINGS of Washington, Mr. ments) under subsection (a)(2), include the WOOLSEY. FLAKE, Mr. YOUNG of Alaska, and Mr. estimated costs associated with the imple- H.R. 4034: Mr. RANGEL. OSBORNE. mentation and operation of such program as RANK H.R. 4035: Mr. F . H. Res. 369: Mr. HONDA and Mrs. MYRICK. so established (or estimated difference in H.R. 4046: Ms. SCHAKOWSKY, Mr. CAPUANO, costs of any such program as so improved). Mr. DOOLEY of California, and Mr. HASTINGS f H.R. 3925 of Florida. PETITIONS, ETC. ´ H.R. 4066: Mr. SMITH of New Jersey, Mrs. OFFERED BY: MS. VELAZQUEZ MORELLA, Mr. PALLONE, Mr. BLAGOJEVICH, Under clause 3 of rule XII, AMENDMENT NO. 2: In section 3703 of title 5, Mr. CRAMER, Mr. SHAYS, Mr. CROWLEY, Mr. 54. The SPEAKER presented a petition of United States Code (as contained in section LEACH, Mr. HORN, Mr. SAWYER, Mr. GILMAN, the Legislature of Rockland County, New 3(a) of the bill), insert after subsection (d) Mr. REYES, Mr. BONIOR, Mr. GRUCCI, Mr. York, relative to Resolution No. 604 peti- the following: FARR of California, Mr. ANDREWS, Mr. SIM- tioning the United States Congress to appro- ‘‘(e) SMALL BUSINESS CONCERNS.— April 9, 2002 CONGRESSIONAL RECORD — HOUSE H1157

‘‘(1) IN GENERAL.—The head of each agency strike ‘‘Assignments under this chapter’’ and tail, duties, and such other criteria as the shall take such actions as may be necessary insert ‘‘An assignment described in section Director considers necessary. to ensure that, of the assignments made 3704’’, and strike ‘‘, except that no’’ and in- ‘‘(d) CURRICULA.—The curricula of the under this chapter from such agency to pri- sert ‘‘. No’’. Training Program— vate sector organizations in each year, at In section 3704(b) of title 5, United States ‘‘(1) shall cover a broad range of informa- least 20 percent are to small business con- Code (as contained in section 3(a) of the bill), tion technology disciplines corresponding to cerns. strike ‘‘and’’ at the end of paragraph (2), re- the specific needs of Federal agencies; ‘‘(2) DEFINITIONS.—For purposes of this designate paragraph (3) as paragraph (4), and ‘‘(2) shall be adaptable to achieve varying subsection— insert after paragraph (2) the following: levels of expertise, ranging from basic non- ‘‘(A) the term ‘small business concern’ ‘‘(3) may not have access to any trade se- occupational computer training to expert oc- means a business concern that satisfies the crets or to any other nonpublic information cupational proficiency in specific informa- definitions and standards specified by the which might be of commercial value to the tion technology disciplines, depending on the Administrator of the Small Business Admin- private sector organization from which he is specific information resource management istration under section 3(a)(2) of the Small assigned; and needs of Federal agencies; Business Act (as from time to time amended In chapter 37 of title 5, United States Code ‘‘(3) shall be developed and applied accord- by the Administrator); (as contained in section 3(a) of the bill), in- ing to rigorous academic standards; and ‘‘(B) the term ‘year’ refers to the 12-month sert after section 3704 the following new sec- ‘‘(4) shall be designed to maximize effi- period beginning on the date of the enact- tion (and make the appropriate conforming ciency through the use of self-paced courses, ment of this chapter, and each succeeding 12- amendments): online courses, on-the-job training, and the month period in which any assignments ‘‘§ 3705. Federal Information Technology use of remote instructors, wherever such fea- under this chapter may be made; and Training Program tures can be applied without reducing train- ‘‘(C) the assignments ‘made’ in a year are ‘‘(a) ESTABLISHMENT.—In consultation with ing effectiveness or negatively impacting those commencing in such year. the Federal Chief Information Officer, the academic standards. ‘‘(3) REPORTING REQUIREMENT.—An agency Chief Information Officers Council, and the ‘‘(e) PARTICIPATION ENCOURAGED.—Subject which fails to comply with paragraph (1) in a Administrator of General Services, the Di- to information resource management needs year shall, within 90 days after the end of rector of the Office of Personnel Manage- and the limitations imposed by resource such year, submit a report to the Commit- ment shall establish and operate a Federal needs in other occupational areas, agencies tees on Government Reform and Small Busi- Information Technology Training Program shall encourage their employees to partici- ness of the House of Representatives and the (in this section referred to as the ‘Training pate in the occupational information tech- Committees on Governmental Affairs and Program’). nology curricula of the Training Program. Small Business of the Senate. The report ‘‘(b) FUNCTIONS.—The Training Program ‘‘(f) AGREEMENTS.—Employees who partici- shall include— shall— pate in full-time training at the Training ‘‘(A) the total number of assignments made ‘‘(1) analyze, on an ongoing basis, the per- Program for a period of 6 months or longer under this chapter from such agency to pri- sonnel needs of the Federal Government re- shall be subject to an agreement for service vate sector organizations in the year; lated to information technology and infor- after training under section 4108 of title 5, ‘‘(B) of that total number, the number (and mation resource management; United States Code. percentage) made to small business con- ‘‘(2) design curricula, training methods, ‘‘(g) COORDINATION PROVISION.— cerns; and and training schedules that correspond to ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(C) the reasons for the agency’s non- the projected personnel needs of the Federal other provision of this chapter, no assign- compliance with paragraph (1). Government related to information tech- ment described in section 3703 may be made ‘‘(4) EXCLUSION.—This subsection shall not nology and information resource manage- unless a program under subsection (c) has apply to an agency in any year in which it ment; and been established, and the assignment meets makes fewer than 5 assignments under this ‘‘(3) recruit and train Federal employees in the requirements of such program. chapter to private sector organizations. information technology disciplines, as nec- ‘‘(2) REGULATIONS.—The Director of the Of- H.R. 3925 essary, at a rate that ensures that the Fed- fice of Personnel Management shall by regu- OFFERED BY: MR. WAXMAN eral Government’s information resource lation establish any procedural or other re- AMENDMENT NO. 3: In the last sentence of management needs are met. quirements which may be necessary to carry section 3702(a) of title 5, United States Code ‘‘(c) AUTHORITY TO DETAIL EMPLOYEES TO out this subsection. (as contained in section 3(a) of the bill), NON-FEDERAL EMPLOYERS.—The Training ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— strike the period and insert the following: ‘‘, Program may include a program under which There are authorized to be appropriated to and applicable requirements of section 3705 a Federal employee may be detailed to a the Office of Personnel Management for de- are met with respect to the proposed assign- non-Federal employer. The Director of the veloping and operating the Training Pro- ment of such employee.’’. Office of Personnel Management shall pre- gram, $7,000,000 in fiscal year 2003, and such In section 3702(d) of title 5, United States scribe regulations for such program, includ- sums as may be necessary for each fiscal Code (as contained in section 3(a) of the bill), ing the conditions for service, length of de- year thereafter. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, APRIL 9, 2002 No. 37 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING who just gave the wonderful invocation called to order by the Honorable MAX PRESIDENT PRO TEMPORE that opened the Senate. CLELAND, a Senator from the State of The PRESIDING OFFICER. The It is my distinct pleasure to intro- Georgia. clerk will please read a communication duce our guest Chaplain and fellow The PRESIDING OFFICER. Today’s to the Senate from the President pro Texan, the Rev. Kirbyjon Caldwell. prayer will be offered by our guest tempore (Mr. BYRD). Reverend Caldwell is the Senior Pastor Chaplain, Rev. Kirbyjon Caldwell, Sen- The assistant clerk read the fol- of the Windsor Village United Meth- ior Pastor, Windsor Village United lowing letter: odist Church in my hometown of Hous- Methodist Church, Houston, TX. U.S. SENATE, ton. I thank him for opening with a PRESIDENT PRO TEMPORE, wonderful prayer this morning. Washington, DC, April 9, 2002. PRAYER Reverend Caldwell has led his church To the Senate: of approximately 14,000 members in The guest Chaplain offered the fol- Under the provisions of rule I, paragraph 3, southwest Houston for nearly 20 years. lowing prayer: of the Standing Rules of the Senate, I hereby appoint the Honorable MAX CLELAND, a Sen- He also delivered the invocation at the Almighty God, the supply and sup- ator from the State of Georgia, to perform President’s inauguration last January. plier of every good and perfect gift, the the duties of the Chair. Reverend Caldwell is an influential author and finisher of our faith, we ROBERT C. BYRD, and motivational leader in the Houston pause now, O God, to acknowledge President pro tempore. community. He is well known for his Your matchless goodness, greatness, Mr. CLELAND thereupon assumed zeal and compassion for people. As an and grace. We ask Your blessings upon the chair as Acting President pro tem- articulate and accomplished business- the distinguished Members of the Sen- pore. man, he has utilized his pulpit as well ate and their families. We decree and f as his business skills to develop suc- declare that no weapon formed against cessful faith-based community pro- them shall prosper. And we pray, O RECOGNITION OF THE ACTING grams throughout Houston. These ini- Lord, that You will continue to grant MAJORITY LEADER tiatives provide housing, job training, them inner peace, outer protection, The ACTING PRESIDENT pro tem- counseling, and other important serv- and power from on high. pore. The Senator from Nevada is rec- ices to needy residents throughout the As this great country deals with the ognized. community, truly demonstrating uncertainty abroad and occasional un- f Christian charity and brotherly love. predictability here at home, we find The social programs fostered by Rev- SCHEDULE grace, peace, and comfort in knowing erend Caldwell in Windsor Village have that You are a very present help in the Mr. REID. Mr. President, I will yield become models for faith-based initia- time of trouble. Grant the Senators momentarily to my colleague, the jun- tives throughout the United States. wisdom, discernment, and insight that ior Senator from Texas, whose pastor Reverend Caldwell came to the min- they will draft and pass legislation is our guest Chaplain today. istry truly from a calling and truly which will make America and the The Senate will be in a period for from his heart for he earned a master’s world a better place tomorrow than it morning business until 11 a.m. today. degree in business at the Wharton is today. We reverence and adore You, At 11 a.m., we will again begin consid- School at the University of Pennsyl- and we bless Your holy name. Let all eration of the energy reform bill, which vania, and he was a bond trader with a who agree say Amen. will be the 15th day we have been on firm in Houston and was doing well. this legislation. The Senate will recess, But something else nudged at him f as we normally do on Tuesdays, from while he was in the business field, and 12:30 p.m. to 2:15 p.m. for the weekly he decided that he wanted to be a min- PLEDGE OF ALLEGIANCE party conferences. ister. So he went back to Southern The ACTING PRESIDENT pro tem- Methodist University to get yet an- The Honorable MAX CLELAND led the pore. The Senator from Texas. other master’s degree, this time in the- Pledge of Allegiance, as follows: f ology. He serves on the boards of a range of community groups from the I pledge allegiance to the Flag of the THE GUEST CHAPLAIN United States of America, and to the Repub- Children’s Defense Fund to the MD An- lic for which it stands, one nation under God, Mrs. HUTCHISON. Mr. President, I derson Cancer Center. Reverend indivisible, with liberty and justice for all. rise to introduce properly the Pastor Caldwell is also the author of the book

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

S2375

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2376 CONGRESSIONAL RECORD — SENATE April 9, 2002 ‘‘The Gospel of Good Success: A Road- the country have raised the question: NEED FOR A DOMESTIC ENERGY map to Spiritual, Emotional, and Fi- What if? Just this weekend, a dust POLICY nancial Wholeness.’’ storm reduced visibility to zero on a Mr. THOMAS. Mr. President, we are I have known Reverend Caldwell for a highway in rural southern Arizona. The prepared—I guess at 11—to move back long time. He is also a friend to Presi- result was a 26-car pileup. Another dust to the issue that has been before us dent George W. Bush. He is such an im- storm in Colorado caused a 30-car pile- now for 3 weeks, and that is energy pol- portant person in the Houston commu- up on Interstate 70. icy. It is probably one of the most im- nity, looked to by business leaders, What if a truck carrying hazardous portant issues that has been before the community leaders, and by the people waste had been involved in one of these Congress in this session and one of the in the community who need help. He is accidents? Less than a month ago at most important with which we will always there when called. I am very least five people were killed in a mas- deal. proud to welcome him to the Senate sive wreck caused by fog on Interstate Some important things have been this morning. 75 in northwest Georgia. That accident with us for a very long time, of course, f involved more than 100 vehicles, in- but now we find it even more impor- cluding 20 tractor-trailers. RESERVATION OF LEADER TIME tant as we have national security In February, three accidents in 1 day issues, as we have a need for economic The ACTING PRESIDENT pro tem- claimed the lives of five people in security, as the situation is changing pore. Under the previous order, leader- Miami-Dade County, all involving in the Middle East that is even more large trucks. The accidents were at- ship time is reserved. pressing than it was before. f tributed to human error. One of the issues that has been with We know accidents involving haz- us all along is the fact we have not had MORNING BUSINESS ardous waste can and do occur on our an energy policy. We have not had a highways and railways. We all remem- The ACTING PRESIDENT pro tem- policy that has directed the efforts in ber the Baltimore tunnel fire last year pore. Under the previous order, there the United States, which I think in which was caused when a train de- will now be a period for the transaction itself is probably one of the most im- railed. The resulting fire burned for 1 of morning business not to extend be- portant things we can do. It is hard to week, and an extremely dangerous acid yond the hour of 11 a.m., with Senators make decisions in the interim when was spilled in the tunnel. Baltimore permitted to speak therein for up to 10 there is no policy that says where we was closed basically for 3 days. We are minutes each and with the time equal- want to be and where we want to go. ly divided between the two leaders or very fortunate this accident was not worse. We need a policy so these interim deci- their designees. sions can add toward reaching the Mr. REID. Mr. President, I suggest Each year crashes kill over 5,000 people—that is, truck crashes—and injure goals we have in mind. the absence of a quorum. We have a very broad policy before The ACTING PRESIDENT pro tem- another 150,000 people. Over 50,000 people are killed in automobile accidents us. We have worked on it some in com- pore. The clerk will call the roll. mittee. Of course, the President and The assistant legislative clerk pro- each year. Large trucks are involved in multivehicle fatal crashes at twice the Vice President CHENEY have worked on ceeded to call the roll. a policy as well, the House has passed Mr. REID. Mr. President, I ask unan- rate of passenger vehicles. What if more of the trucks on our highways an energy policy, and the Senate is the imous consent that the order for the one which has not yet done the job we quorum call be rescinded. carried hazardous waste? How could we ensure the safety of our communities? really need to do. I am very hopeful we The ACTING PRESIDENT pro tem- Are local emergency teams fully pre- will come to the snubbing post and get pore. Without objection, it is so or- pared to respond when hazardous that done as soon as possible. dered. The Senator from Nevada. chemicals are released? A lot of things go into it. This has f The answer to all of those questions been covered, but I hope we are kind of TRANSPORTATION OF HAZARDOUS is obvious. reenergizing ourselves—no pun in- MATERIALS I can remember being in Ely, NV—I tended—as we come back from the re- have said this before—where I was vis- cess to talk about a broad energy pol- Mr. REID. Mr. President, if you iting one of my friends who I went to icy, one that modernizes and increases picked up a paper yesterday, you would high school with. He is a police officer conservation. We all want to find ways have seen stories about a transpor- in Ely. He picked up a teletype indi- to make better use of the energy we tation wreck again. It was all over the cating there was going to be a haz- have, whether it be coal, oil, or elec- television. It was all over the news- ardous load coming through his town. tricity. We need to modernize and ex- papers. There was a train wreck on He said: Why did they send me this? I pand our energy infrastructure, and as Sunday in Gainsville, VA, not far from would just as soon not know. I cannot things change we have to have an in- Washington. Five cars on the train de- do anything if something happens. frastructure, for instance in elec- railed, including two carrying propane, He does not know. They do not have tricity, as we move towards now hav- which is very explosive. Route 29—I the equipment. He is not trained. ing more of a market segment in gen- have traveled that road many times Last summer I introduced, and Con- eration. going to Virginia to watch my boy play gress passed, an amendment requiring If that is going to be done, then there soccer—was closed for several miles. the Secretary of Transportation to needs to be a transmission system that This is one of the main arteries bring- study the hazards and the risks to pub- moves the generation to the market. It ing people to Washington from Vir- lic health and safety, the environment, is a new thing for us, and we do not ginia. The train derailment not only and the economy associated with the have that. closed Route 29, but two nearby ele- transportation of hazardous chemicals We have to have some diversity and mentary schools were closed as work- and radioactive material. This report talk about and maintain diversity in ers tried to get the cars back on the should come soon. I am told it will be our supply so we begin to use renew- track and also put the propane back on finished in the next couple of months. ables. We need to find new ways of the railcars or remove them com- In the meantime, this is an issue about doing that. pletely. which we need to be concerned. These I will always remember a meeting in An emergency worker said if the accidents are serious. We have a dete- Casper, WY, years ago when someone train cars had rolled in the opposite di- riorating infrastructure, and we have said we have never run out of a source rection, they would have hit an above- more and more pressure being put on of energy because we continue to find ground gas line, and there would have this deteriorating infrastructure. and refine new sources. We will con- been a catastrophe. This is the third Serious accidents have happened and tinue to do that and indeed need to do train wreck on that stretch of tracks are going to continue to happen, and so. We need to improve and accelerate since 1997. we need to be aware of this. our environmental protection, of Over the past few weeks, several The ACTING PRESIDENT pro tem- course. Maybe most of all now, we need tragic accidents on highways around pore. The Senator from Wyoming. to strengthen our energy security.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2377 We have found ourselves, rightly or anyone interested in clean air, which how I see us moving forward. As I wrongly—I think probably it is not we all are, nothing is cleaner in pro- think the record will note, prior to the right—in a position of depending on ducing electricity than nuclear power. recess I filed an amendment on sanc- foreign imports for almost 60 percent of We have not figured out a way to deal tions against Iraq. The specific jus- our oil supply. Much of that oil supply with the waste. There is controversy on tification for that was my belief that, has come from the Middle East, and that. There are things we can do. We at a time when we are seeing the situa- continues to come from the Middle can find storage. Looking at what is tion in the Mideast erupt, we find our- East, and we find that less secure than done in Europe, they recycle from time selves in a position where we are im- in the past. to time. We can work those areas. porting over 800,000 barrels a day from Certainly that dependency on im- There is much that needs to be done; Iraq, a country where we are enforcing ported oil changes the decisions we can there is much that people need to agree a no-fly zone, putting the lives of our make, and all these factors go into to do to move forward on those goals. men and women at risk. At the same dealing with that. The one that prob- We find ourselves tied up over some of time as we are importing this oil, we ably deals with it most directly is the the elements. I hope we come together put it in our aircraft and use it to en- opportunity to increase domestic pro- and decide what it is we need to do and force the no-fly zone. As a consequence, duction, which has been one of the con- get on with it. in Iraq, Saddam Hussein generates a troversial areas on the energy bill. I am hopeful we can move quickly, cashflow that allows him to keep his In fact, the energy bill was taken out certainly to do the best we can. The Republican Guard well paid and obvi- of the committee. I happen to be on the House has already passed a bill and is ously contributes to Iraq’s capability Energy Committee. We did not have ready to go to conference. We can rec- of developing weapons of mass destruc- the opportunity to put together the oncile the differences. The administration. bill. So the bill that has come to the tion is anxious to have an energy pol- The purpose of the amendment is to Senate is basically very oriented to- icy, to have an energy bill passed, and initiate a sanction against Iraq until ward conservation, toward renewables, is working with Congress to do some- such time as we can satisfy ourselves toward most everything except an in- thing to make it work while making that the U.N. inspectors have evalu- crease in domestic production. Now we our economy and environment strong- ated whether, indeed, Saddam is using have come to a point where we need to er. We have a lot of energy in our his oil money to develop weapons of take a look at that. It is very clear State. mass destruction. I may bring that up how much more important that is right The idea that if you produce and today. I have previously received from now than it was before. We see energy have access to public lands for multiple the majority leader a commitment prices going up. We see much more un- use, it suddenly ruins the land, is not that he would allow an up-or-down vote certainty in the Middle East. the case. We have seen over the years on that particular subject at a point in There are some good things as well. we can have multiple use. We can have time. I think this may be an opportune We see some new suppliers. We see production. We can have gas produc- time. more imports coming from Russia, and tion. We can have oil production. We The rationale for that is obvious. We hopefully some more stability there. can continue to have a decent environ- find ourselves in a position now where At the same time we now see insta- ment. Iraq has indicated it probably will ini- bility in Venezuela. We have seen in- We completed a study on a portion of tiate a curtailment of oil exports from stability recently in Iraq. So it be- land under consideration for wilderness that country for a 30-day period. We comes much more clear that over time in Wyoming called Jack Morrow Hills. can only ponder the results of that, as we really have to deal with this ques- One study showed there were oper- to what it will mean to the consumers tion of becoming less reliant on im- ations there some time ago, and the in the United States as we see our- ported energy. So that affects not only natural evolution had changed it back selves continuing to be dependent on our ability to carry on what we are to a natural place. We have to be care- foreign sources of oil. committed to do in the war on ter- ful. We have to use environmentally I want to take a moment here to dis- rorism—obviously that is one that re- sound procedures and techniques. We cuss where we are in the energy bill quires a great deal of energy—but I can do that. We are committed to do and my commitment to see us move think it is also very important and that. I am hopeful we can move for- forward on it. As you know, we have vital to our efforts to regenerate and ward. had a number of successful amend- strengthen the economy. The economy We have had support from veterans, ments. I think we have developed a cannot function without energy. from organized labor, from women’s stronger bill. I think it is appropriate I hope we can move more quickly in groups, from the Hispanic and Jewish to give a rundown on the current situa- resolving the issues before Congress. community, from Native Alaskans. Al- tion in the Mideast before I discuss The tax package has been completed by most everyone has been here. I had the that, and how that has increased the the Finance Committee. There are 150 pleasure of working with veterans who importance of moving an energy bill amendments pending. were here promoting energy policy. I off the floor. Hopefully, we do not have to struggle look forward to that. through all of those. Obviously, the As we return to energy at 11 a.m., I There is virtually no way to explain question of ANWR is out there. We hope our goal is to complete that as the situation in the Mideast. I will not need to deal with that. That could be soon as possible and move on to other go into the details, other than to high- perceived differently now than in the matters. light the effects it will have on the past because of continued pressure on I suggest the absence of a quorum. United States. the notion of imported oil. The ACTING PRESIDENT pro tem- While we were on our Easter recess, We have a great deal of work to de- pore. The clerk will call the roll. clearly the tinderbox in the Mideast velop more clean coal technology, as The assistant legislative clerk pro- exploded. In 2 weeks, we have seen 5 coal is one of the most plentiful domes- ceeded to call the roll. suicide bombers; we have seen some 29 tic resources we have. We have an op- Mr. MURKOWSKI. Mr. President, I Israelis killed, 100 wounded. The same portunity to become more efficient and ask unanimous consent the order for is true on the other side, the Palestin- effective in generating energy and elec- the quorum call be rescinded. ians. Israelis rolled into Yasser Ara- tric energy. We dealt with that a year The ACTING PRESIDENT pro tem- fat’s headquarters in the Palestine set- ago, particularly in California. pore. Without objection, it is so or- tlement when Prime Minister Sharon Wyoming is the largest producer of dered. declared, ‘‘Israel is at war.’’ coal. One of the real opportunities in f What did that do to the price of oil? coal is producing the low-sulfur clean It jumped, first $3 a barrel on Monday, coal, and transporting that energy to MOVING ON THE ENERGY BILL March 25, closed at $24.53; trading at other places. We can do more. Mr. MURKOWSKI. Mr. President, I $28, and it is going up over $30. The We have an opportunity to continue want to take a moment to discuss Iraqis are calling on the Arab States to making nuclear energy important. For where we are on the energy bill and use oil as a weapon—oil as a weapon,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2378 CONGRESSIONAL RECORD — SENATE April 9, 2002 Mr. President. Quoting from a state- counter U.S. sanctions and bombing. Plau- The plan was ‘‘long term,’’ Shahab says, ment issued by the ruling Iraqi Baath sible deniability is something Iraq . . . would and meant to be carried out a year or so Party: want to ensure, putting layer upon layer to later, in early 2001, after he had carried out hide their role.’’ another mission to take refrigerator motors If the oil weapon is not used in the battle Part of the justification for any future to the Taliban. Each motor had a container to defend our nations and safeguard our lives U.S. strike against Iraq may be the kind of attached holding an apparently important and dignity against American and Zionist information provided by the young-faced, liquid unknown to Shahab. He says he aggression, it is meaningless. nervous Iranian smuggler, now held in the doesn’t know if all nine operations men- Now Saddam announces a 30-day em- U.S.–protected Kurdish ‘‘safe haven’’ of tioned were similar to the boat plan, or com- bargo against U.S. consumption—basi- northern Iraq. pletely different. Some were to take place in cally a 30-day reduction of his output. Mr. Shahab spoke last weekend in an intel- Kuwait. New reports emerge that Saddam ligence complex run by the Patriotic Union The attack against a U.S. vessel, Shahab Hussein had planned to ram a suicide of Kurdistan (PUK), one of two rival armed recounts al-Majid and Khairallah explaining, was to be ‘‘a kind of revenge because [the tanker into a U.S. warship in the Per- Kurdish factions that control northern Iraq. He did not appear coerced to speak, and bore Americans] were killing Iraqis, and women sian Gulf. That came out of a Christian no physical signs that he had been mis- and children were dying ‘‘because of strin- Science Monitor story, which I ask treated since his arrest on May 16, 2000. gent UN sanctions, which the U.S. backed unanimous consent to have printed in Still, shaking nervously and swallowing re- most strongly. ‘‘They said: ‘This is the Arab the RECORD. peatedly, he at first refused to answer ques- Gulf, not the American Gulf,’ ’’ Shahab re- There being no objection, the mate- tions, saying that he was concerned about calls, referring to the large U.S. naval pres- rial was ordered to be printed in the his family’s safety in Iran. Two days later— ence in the area. The Iraqis knew that Shahab, with his le- RECORD, as follows: after learning that part of his smuggling history and role in several killings had already gitimate Iranian passport and wealth of [From the Christian Science Monitor] been made public in the New Yorker maga- smuggler contacts, would have little trouble EX-SMUGGLER DESCRIBES IRAQI PLOT TO zine—he agreed to describe information that purchasing the common 400-ton wooden trad- BLOW UP U.S. WARSHIP he had previously withheld, about Iraq’s plan ing boats. He would have raised few eyebrows (By Scott Peterson) to target U.S. warships. sailing under an Iranian flag—the only ships Iraq planned clandestine attacks against ‘‘If this information is true, it would be in in the area, since UN sanctions prohibit such American warships in the Persian Gulf in the interest of the U.S., and of all the world, Iraqi trade. early 2001, according to an operative of Ira- for the U.S. to be here to find out,’’ says a Shahab was to rent or buy a date farm nian nationality who says he was given the senior Kurdish security officer involved in along the water at Qasba, on the marshy assignment by ranking members of Saddam the case. Kurdish investigators were initially Shatt al-Arab waterway that narrowly di- Hussein’s inner circle. skeptical of some parts of Shahab’s story. vides Iraq and Iran, just a few hundred yards The alleged plan involved loading at least But the investigators say they later inde- from the Iraqi port city of Fao. Using a pow- one trade ship with half a ton of explosives, pendently confirmed precise descriptions of erful small smuggling boat, he says he would and sailing under an Iranian flag to disguise the senior Iraqi officials Shahab says he met, have been able to reach Kuwaiti waters from Iraq’s role, using a crew of suicide bombers by cross-examining a veteran Iraqi intel- Qasba in just 10 minutes. to blow up a U.S. ship in the Gulf. ligence officer in their custody, and checking Iraqi agents were to provide the explosives The operative, who says he smuggled weap- other sources. and suicides squad; Shahab was to handle the ons for Iraq through Iran for Al Qaeda during Wearing a pale-green military jacket, boats and the regular crew. ‘‘The group that the late 1990s, says he was told that $16 mil- dark-blue sweat pants and worn plastic san- worked with me would sail the ship, and not lion had already been set aside for the as- dals, Shahab softly recounts how he smug- know about the explosives,’’ Shahab says. signment—the first of ‘‘nine new operations’’ gled arms and explosives for Al Qaeda and ‘‘When we crossed out of Iranian waters, we he says the Iraqis wanted him to carry out, the Iraqis. He at times flashes a boyish were to kill the crew, hand over the ship to which were to include missions in Kuwait. smile—the same disarming grin he uses in the suicide bombers, and then leave by a The first plot, remarkably similar to the images on a roll of film he was carrying smuggler’s way.’’ attack on the USS Cole on Oct. 12, 2000, was when arrested. Shahab also claims to be an The job, Shahab said, ‘‘was easy for me, I never carried out. The status of the other assassin. The photos—shown to the Mon- could start at any time.’’ Shahab said the nine operations remains unclear. itor—show Shahab killing an unidentified Iraqis told him they ‘‘had a lot of suicide The smuggler, Mohamed Mansour Shahab, man with a knife. He grins at the camera as bombers in Baghdad’’ ready to take part in now in the custody of Kurdish opponents of he holds up the victim’s severed ear. such an operation. Mr. Hussein in northern Iraq, says he was During a two-and-a-half-hour interview, But the plans were never finalized for first told of the role he was to play in the Shahab describes the origin of the plot to Shahab, and after delivering the refrigerator plan in February 2000—one month after an blow up U.S. warships, while his hands work motors to the Taliban, he was arrested in apparently unrelated attempt in Yemen to nervously. He received an urgent phone call northern Iraq in May 2000, with his roll of target a U.S. destroyer, the USS The Sulli- early in 2000, from a longtime Afghan con- film, as he tried to avoid Iranian military ex- vans, failed when the bombers’ boat, over- tact named Othman, who told him to go to a ercises going on along the border to the loaded with explosives, sank. Suicide bomb- meeting in Iraq. In February 2000, Shahab south. Though carrying a false Kurdish ers later succeeded in striking the USS Cole says he was taken to the village of Ouija, the identy card, his accent gave him away at the in Yemen, leaving 17 U.S. sailors dead and a birthplace of Saddam Hussein near Hussein’s last PUK checkpoint. Iraqi experts say that such a plot is plau- gaping 40-by-40 foot hole in the side of the clan base at Tikrit, in north central Iraq. sible, since Saddam Hussein’s multiple intel- warship. At the meeting, he says, were two influential Iraqis, fellow clansmen of Saddam Hus- ligence services are sophisticated and smart. TERROR’S FOOTPRINTS ‘‘Anything is possible,’’ says Sean Boyne, sein: Ali Hassan al-Majid—Mr. Hussein’s If this Iranian smuggler is telling the an Ireland-based Iraq specialist, who writes powerful cousin and former defense min- truth, it would represent the first informa- regularly for Jane’s Intelligence Review in ister—and Luai Khairallah, a cousin and tion in nearly a decade directly linking London. ‘‘Certainly Saddam has gone to friend of Hussein’s notoriously brutal son Baghdad to terrorist plans. No evidence has great trouble to shoot down [U.S. and Brit- Uday. Mr. al-Majid is known among Iraqi surfaced to date that Iraq was involved in ish] aircraft’’ patrolling no-fly zones in Kurds as ‘‘Chemical Ali,’’ for his key role in the Sept. 11 attacks or the bombing of the northern and south Iraq, Mr. Boyne says. the genocidal gassing and destruction of vil- Cole. But President George W. Bush has de- ‘‘He has invested heavily in his antiaircraft lages in northern Iraq that killed more than clared Iraq part of an ‘‘axis of evil,’’ and system. He is eager to have a crack at the 100,000 Kurds in 1987 and 1988. makes no secret of his determination to end Americans.’’ The Iraqis said they considered Shahab to the rule of Saddam Hussein as part of his That impulse may also help explain the be Arab, and not Persian, and could trust ‘‘war on terrorism.’’ presence of a training camp at Salman Pak, him because he was from Ahvaz, a river city The last publicly known terrorism involve- a former biological-weapons facility south of in southwest Iran rich with smugglers and ment by Baghdad was a failed assassination Baghdad. It includes a mock-up Boeing 707 close to the Persian Gulf, Iraq, and Kuwait. plot against Bush’s father, former President fuselage, which Western intelligence agen- It is known as ‘‘Arabistan’’ because of the George H. W. Bush, during a visit to Kuwait cies believe has been used for several years number of Arabs living there. in 1993. The elder Bush orchestrated the 1991 to train Islamic militants from across the re- Gulf War against Iraq. NINE MISSIONS gion in the art of hijacking. A senior Iraqi ‘‘The Iraqis may have been waging war Al-Majid and Mr. Khairallah spoke of the officer who defected told The New York against the U.S. for 10 years without us even nine operations: We’ve allocated $16 million Times last November that the regime was in- knowing about it,’’ says Magnus Ranstorp, already for you,’’ Shahab remembers them creasingly getting into the terrorism busi- at the Center for the Study of Terrorism and telling him. ‘‘We start with the first one: We ness. ‘‘We were training these people to at- Political Violence at St. Andrews University need you to buy boats, pack them with 500 tack installations important to the United in Scotland. ‘‘Iraq may have fought, using kilograms of explosives each, and explode States,’’ an unnamed lieutenant general terrorism as the ultimate fifth column, to U.S. ships in Kuwait and the Gulf.’’ said. ‘‘The Gulf War never ended for Saddam

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2379 Hussein. He is at war with the United States. I go back to 1995. If the Senate passed MOVING ON THE ENERGY BILL We were repeatedly told this.’’ an amendment in the omnibus bill that Mr. MURKOWSKI. Mr. President, al- Still, the political situation Saddam Hus- would have allowed the opening of sein finds himself in today—in light of the though we have some significant issues example of decisive U.S. military action in ANWR, where would we be today? We left to decide, we need to close out Afghanistan—may not be as conducive to a would be in production. We would be electricity, climate change, tax provi- strike at the U.S. as it was when Shahab generating at least a million barrels sions, and increasing our domestic pro- says he first heard of the plan to blow up a more from domestic sources, elimi- duction. U.S. warship. In recent months, Boyne notes, nating at least a million barrels from As I stated in my opening statement, Iraq has engaged in a region-wide charm imports. Unfortunately, our former because of the manner in which this offensive to portray itself as a victim, and to President vetoed that bill. legislation has come before the Senate, build Arab and European support against The energy bill before us is one on any U.S. attack. Baghdad is even pursuing we have been forced to consider the warmer ties with Kuwait (at the Arab which we spent nearly 3 weeks. There measure without the benefit of the League summit last week) and with Iran, in is some criticism for the delay, but I committee deliberation and action an attempt to gain mileage from Iran’s anger remind my colleagues that we are tak- that ordinarily would accompany a bill at being listed as part of Washington’s ‘‘axis ing on an extremely difficult and divi- of this nature. We have had difficult of evil.’’ sive issue and dealing with it on the and divisive issues that should and While the Bush administration focuses on floor of the Senate as opposed to the could have been worked out in com- Iraq’s apparent pursuit of weapons of mass committee process. Since the debate mittee. It is debated here in this Cham- destruction—in the absence of UN weapons ber. It is not a question of laying blame inspectors, who were kicked out in 1998— started on this issue, we have disposed clues to Iraq’s true role may lie in the credi- of 49 amendments—21 offered by Repub- on one or the other. The point is, we bility of the 29-year-old smuggler from licans and 28 by Democrats. Working have to move on from where we are. Ahvaz. with my good friend, Senator BINGA- This bill can only be resolved by the Why is he talking now? ‘‘Afghanistan is MAN, I think we have moved in a re- amendment process. finished, so now I feel free to speak,’’ says sponsible manner. Recently, we have seen statements Shahab, who was given the name Mohamed That total, I might add, does not in- that the Republicans were stalling this Jawad by accomplices in Afghanistan. Asked clude the two amendments dealing bill because we had not offered an if he fears the wrath of senior members of ANWR amendment. It is my intention the regime in Baghdad, who still hold power, with judicial nominees, or several amendments that have been dealt with to offer an ANWR amendment this Shahab replies: ‘‘I lost everything. For many week. I regret that some on the other years I worked with assassinations and kill- off the floor. We have dealt with ex- side believe there have been delays. ing—it doesn’t make a difference to me.’’ tremely difficult amendments, includ- But I believe the Feinstein amendment ing CAFE, and specifically whether Mr. MURKOWSKI. Mr. President, is pending today. Of course, I antici- Congress should decide on new vehicle yesterday major oil producers in Ven- pate that we will proceed and there standards or leave that decision to ex- ezuela went on strike. Between Ven- will be an objection to moving off of it perts; whether Congress should impose ezuela and Iraq, nearly 30 percent of for any other reason. I have always be- our oil imports are at risk. And that is a renewable portfolio standard on some lieved the best way to move important nearly 12 million barrels today. electric producers or leave the decision legislation is to work through the less We also learned that Saddam Hussein on appropriate standards to the States; controversial issues first and then ad- has indicated a payment to the fami- whether the Federal Government dress the more difficult. lies of the Palestinian suicide bombers should continue the liability protec- I remind my colleagues that it was of roughly $25,000. Previously it was tion on nuclear powerplants—that is the majority leader, not the Senator around $10,000. That is a terrible incen- the Price-Anderson amendment—the from Alaska, who decided to spend the tive for terrorism. One has to wonder issue of reliability, and how best to en- entire first day of the debate on var- where he gets the cash. But you don’t sure reliability on our electricity grid; ious amendment provisions. We saw have to wonder very long because of ethanol; and whether to create a rea- those amendments which would not the $4-plus billion that the United sonable fuel requirement. necessarily have been resolved with States paid Saddam Hussein last year But there are still significant issues any significant advancing of the proc- for oil. left to decide. We need to close out the ess. But, nevertheless, I will not be- The Senate needs to remember that issues dealing with electricity. We need labor the manner in which this bill has Saddam is much more than just a to reach some agreement on the cli- moved forward. We have seen an ex- member of the axis of evil. He is an en- mate change provision in the bill. Of tremely difficult process on both sides ergy partner of the United States. course, we must address the tax provi- of the aisle in trying to balance a com- We now understand that Iraq, Libya, sions for renewable conservation, alter- prehensive and bipartisan bill that bal- and Iran have called for an OPEC oil native fuel efficiency and production. ances production, efficiencies, alter- embargo—an event that could cripple We must decide how best to increase native fuels, and conservation. the world economy. our domestic production of energy The problems associated again with With each passing hour, the Mideast sources since there are no real produc- the movement of the bill probably need grows more unstable, and the future tion provisions in the Daschle sub- a little identification as we work grows more uncertain. With each pass- stitute. through the process. ing day, the United States grows more The ACTING PRESIDENT pro tem- There were no committee reports or dependent on foreign sources of energy. pore. The Senator has used 10 minutes. committee-approved texts for anyone What does tomorrow hold? More f to work from. The substitute that was chaos and more bloodshed. The United brought about by the majority leader States has a role and an obligation to EXTENSION OF MORNING was kind of a moving target, and con- help lead the region to peace. I applaud BUSINESS tinued to be modified even after intro- the President for sending Secretary Mr. REID. Mr. President, I ask unan- duction. Even with that, we still deal Powell to personally supervise these ef- imous consent that morning business with moving targets. forts. But now more than ever we be extended until the hour of 11:30 The renewable portfolio amendment should turn our attention to here at today. offered by the manager on the other home. We need to look at the realities The ACTING PRESIDENT pro tem- side changed so many times before in- of how we are going to meet our energy pore. Without objection, it is so or- troduction that the majority whip needs with or without the Mideast. dered. didn’t really know—and I didn’t Given the choice, will we choose to Mr. MURKOWSKI. Mr. President, I know—whether we were talking about keep us dependent on foreign oil or will ask unanimous consent to speak for a standard of 8 or 10 percent or what- we choose solutions found here at home another 5 minutes to finish my state- ever. That does not form a basis for to lessen our dependence on imported ment. any kind of debate, and seriously com- oil, solutions within our borders free The ACTING PRESIDENT pro tem- plicates the ability of Members to draft from the chaos and uncertainty in the pore. Without objection, it is so or- amendments or know what they are Mideast? dered. voting on.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2380 CONGRESSIONAL RECORD — SENATE April 9, 2002 But I don’t want to belabor this be- School. She is the daughter of wonder- Not only did they have 3.5 million cause what we are attempting to do is ful parents, Fred and Katherine O’Con- people watching on television, 30,000 move this process along and bring up nor in Farmington, CT. people were packed into the the other amendments. We are cer- She will be going to Japan for a cou- Alamodome to watch the final game. tainly not looking to extend the debate ple of weeks, meeting with the Prime Many people would have predicted that on the issue or filibuster this bill Minister, the Speaker of the House, as could never have happened only a few through unlimited amendments. the Cherry Blossom Queen of the years ago. Why shouldn’t it be so? Any- Currently, as I have indicated, there United States. one who watched this remarkable team are roughly 150 known potential You can understand the source of from Connecticut as well as the other amendments remaining—roughly 100 pride in our office and in Connecticut top teams across the Nation—Ten- on the Democratic side and 50 on the that Elizabeth has been chosen as Con- nessee, Duke, Oklahoma; there are a Republican side. Virtually all of them necticut’s society princess crowned the lot of great women’s teams, the num- could and would have been dealt with Cherry Blossom Queen. We are very ber growing each and every year— within the committee process. But the proud of her. I know she will represent would certainly be impressed with the staff for both the majority and the mi- the State and the country very admi- quality of the play they have brought nority are working to eliminate this rably. In the last few years we had an- to the game. list. other queen, Shannon Kula of my of- Theirs is a wonderful, pure style of I pledge my support to improve the fice, also chosen the Cherry Blossom basketball combining accurate shoot- legislation before us and get a bill to Queen. People are beginning to wonder ing and flashy passing, as we have all the President as soon as possible. I if Connecticut has some fix, a hold on seen, and sound all-around play. For urge my colleagues to recognize the the cherry blossom queen festival. the women’s team, one of the strengths weight of this task before us as we push Nothing such as that has occurred. was the senior leadership. NCAA Play- through the agenda and do what is This is good fortune and good luck for er of the Year Sue Bird, along with her right for the Nation. the State of Connecticut. senior teammates Asjha Jones, Tamika I hope that as we start afresh after f Williams, and Swin Cash, have played our Easter recess we can come together NCAA WOMEN’S BASKETBALL together for 4 years—four remarkable and recognize the reality that this CHAMPIONS women. country is in peril over energy, that This last victory caps an incredible Mr. DODD. Mr. President, I rise collegiate career for these four women, the continued escalation of prices is today, along with my friend and col- going to hit the consumer and hit our including an unbelievable 136-and-9 league, Senator LIEBERMAN, to offer a record and two national champion- recovery, the prospects associated with Senate resolution commending the ships—rather phenomenal. Throughout the curtailment of imports from Ven- Connecticut women’s basketball team. ezuela and Iraq, which constitute 30 We have had a phenomenal season from the season, their familiarity with each percent of our oil imports, and the re- start to finish, with the crowning vic- other made it seem as though they sults of nearly 2 million barrels coming tory at the Alamodome in Texas, de- could read each other’s minds as they to a halt which we have depended on is feating the University of Oklahoma played on the court. All of us in Connecticut are deeply going to severely affect our economic just a few weeks ago. Their 82-to-70 vic- proud. Last Saturday, there was a pa- recovery. tory in the national championship rade in Hartford, CT. Literally thou- It has been estimated for every mil- game on March 31 capped one of the lion barrels of oil taken off the world most dominant seasons enjoyed by any sands of people on a bitterly cold day market, crude oil prices rise roughly $3 sports team in recent memory. showed up to express their admiration per barrel. Today’s price is roughly $27. The Huskie Women’s Basketball and pride in these wonderful players Obviously, we are looking at some- Team finished the season undefeated, and their coaches. where between $30 and $33 if, indeed, 39 and 0, becoming only the fourth Coach Geno Auriemma is truly a spe- this curtailment continues. women’s NCAA basketball team in his- cial individual and deserves some very It is time to recognize that indeed we tory to do so and one of a few teams special recognition. He has led this have some recourse. The recourse is to that have had multiple national cham- team to victory after victory and does reduce our dependence, and one way to pionships. There are only a handful so with a great deal of style, emotion, do that is obviously to look favorably that have had undefeated seasons and and feeling for these young women. He upon the ANWR amendment. national championships. arrived on the Storrs campus in 1985, at I thank the Chair and my colleagues The margin of victory of the UConn which time the Huskie team had expe- for the time. I yield the floor. team over the season was astounding. rienced only one winning season. He The PRESIDING OFFICER. The Sen- A historical 35 points was the average quickly turned the program into one of ator from Connecticut. margin of victory in the 39 victories the leading powerhouses in the Nation, f they had during the regular season. In and the pride of the people of Con- all my years—I know the Presiding Of- necticut has been swelling ever since. CHERRY BLOSSOM QUEEN Coach Auriemma has compiled over ELIZABETH O’CONNOR ficer is a fan as well of sports and basketball—I never have seen anything 400 career wins at UConn including an Mr. DODD. Mr. President, my col- quite like this. Each game was not a unbelievable 272-and-17 record over the league from Connecticut is joining me question of whether or not they would last 8 seasons. This represents a run of on the floor, and we are going to spend win but by how much. A phenomenal dominance possibly unmatched in the a couple minutes talking about two group of young women, a phenomenal history of team sports competition. sources of State pride. I will very brief- coaching staff, they just did a terrific Under Coach Auriemma’s leadership, ly mention, before I talk about the job during the entire season. the Huskies have won 3 national titles, University of Connecticut women’s The accomplishments of this team go 12 Big East regular season titles, and 11 basketball team, that last Friday night far beyond their dominance on the hard Big East tournament titles. This year, the U.S. Cherry Blossom Queen was court. The Huskies have helped con- Coach Auriemma was named National crowned in Washington. We are very tribute to the greater cause of increas- Coach of the Year for the fourth time proud in my office to say Elizabeth ing the visibility of women athletes. in his career and the Big East Coach of O’Connor was chosen, by a random se- Nearly 3.5 million people watched the the Year for the fifth time in his ca- lection process, as the Cherry Blossom final game on ESPN, which represented reer. Queen of the United States. the largest audience for a college bas- Perhaps the most important example She is a staff assistant in my office. ketball game, men’s or women’s, in of Coach Auriemma’s philosophy is the She is a wonderful young woman who network history. Imagine, a few years way he has led these women to be win- is very accomplished in many ways. A ago, you would have been lucky to ners on the court and off as well. I summa cum laude graduate of Notre have a handful of people that might know the Presiding Officer will be im- Dame University from Farmington, show up for a women’s basketball pressed by this statistic. Coach CT, she went to Farmington High game. Auriemma has overseen a program that

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2381 boasts a 100-percent graduation rate for CONGRATULATING THE UNIVER- points a game—a remarkable achieve- the young women of his team. That is SITY OF CONNECTICUT’S WOM- ment. something to be emulated across the EN’S BASKETBALL TEAM ON But the true measure of the team, as country. The entire sports world could WINNING THE NCAA NATIONAL Senator DODD indicated, can’t be dis- learn a great deal from Coach TITLE tilled in numbers or records. You have Auriemma and his staff and the genera- Mr. DODD. Mr. President, I send to to look at the humans involved. The tion of UConn women’s players who the desk a resolution, S. Res. 232, and legendary Geno Auriemma, one of the have played for him. Athletes do not ask for its consideration. winningest coaches in college basket- need to sacrifice an education or other The PRESIDING OFFICER. The ball history, once again brought to- valuable things in life for the sake of clerk will report the resolution by gether a great group of talented and winning. If you set your sights on ex- title. hard-working young women and im- cellence, there is no telling how much The assistant legislative clerk read bued that team not just with the skills you can achieve in life and where ex- as follows: but with the team spirit and the to- cellence will come in every endeavor in A resolution (S. Res. 232) congratulating getherness that we saw on the court which you engage. the Huskies of the University of Connecticut perfectly and gracefully executed time for winning the 2002 NCAA Division I wom- and time again. Although some Huskies have gone on en’s basketball championship. Senator DODD referred to the four to excel in the WNBA, many others The PRESIDING OFFICER (Mr. seniors who are legendary and will re- have gone on to careers as physicians, CORZINE). Without objection, the Sen- main legendary in Connecticut for a lawyers, and educators. I know Coach ate will proceed to consider the resolu- long time to come: Sue Bird, Asjha Auriemma is extremely proud of the tion. Jones, Tamika Williams, and Swin alumni association that has come from The junior Senator from Connecticut Cash; and a great sophomore sensation, the teams he has coached over the is recognized. Diana Taurasi. They became an years. Mr. LIEBERMAN. Mr. President, it is unstoppable combination. I will say Let me also congratulate everyone with profound pride—and I suppose I with pride that the surge of success is involved in this incredible season. I should add provincial pleasure—that I starting to feel happily familiar to us, mentioned the four seniors on the join Senator DODD and all of our col- and we are very grateful for that. Over team: Sue Bird; Swin Cash; Diana leagues from Connecticut in the House the last 4 years, the UConn women’s of Representatives in introducing this Taurasi, a young woman, not a senior. team has gone 136 and 9, made three resolution, which is the legislative She was the most junior in age of the Final Four appearances, and claimed equivalent of wagging our tails and four Big East tournament titles in 4 starting five. I mentioned Asjha Jones howling like huskies at the Capitol years, along with the Huskies men’s and Tamika Williams. The starting dome. basketball team, which this year five is the only team in NCAA history We are very proud to salute the 2002 earned its 15th consecutive trip to na- where all five starting players are All- national champion University of Con- tional post-season play on the way to Americans. Sue Bird was on the first necticut women’s Huskies basketball the Elite Eight. The two make a truly team, two were on the second team, team, who, on March 31, capped a 39-to- triumphant tandem, that Huskies men one on the third team, and one honor- 0 season—a perfect season—the ninth or women have now won the national able mention. That has never been undefeated run in the whole history of college basketball championship in done before by a starting five on a bas- college basketball, with a victory over 1995, 1999, 2000, and 2002. ketball team. And the other players on Oklahoma in the title game. I suppose This is a great program, and we owe the team could easily have been a we should pay some respect and give a particular thanks and expression of starting team almost anywhere else, some sense of congratulations, even in pride to the athletic director of the and they contributed successfully to defeat, to our former colleague, David University of Connecticut, Lou Per- the success and overall efforts. They Boren, who is now the president of the kins, to coaches Geno Auriemma and include: Jessica Moore, Ashley Battle, University of Oklahoma. Jim Calhoun, and to all their staffs. Maria Conlon, Morgan Valley, Ashley This fantastic season leads me to re- Mr. President, this may give you Valley, and Stacey Marron. Thanks go peat a pressing question that oppo- some small sense of why Connecticut to Geno Auriemma and his associate nents of the UConn women’s basketball residents are as loyal to our Huskies as head coach, Chris Dailey, and Tonya team must have been asking all year, huskies are to their owners. We love Cardoza and Jamelle Elliott. which is: Who let the Huskies out? I the way this team came to play. We Senator LIEBERMAN and I are very think the answer might be the great love the way they brought out the best proud of this wonderful group of peo- Coach Geno Auriemma and his superb in our State. If I may say so, as Ameri- ple, these young players. They receive staff, who not only coached but led, in- cans, every day we pledge allegiance to a lot of support around Connecticut. spired, and mentored this extraor- the red, white, and blue; but during We have always had to export our dinary group of women to this extraor- basketball season in Connecticut, we sports allegiance, on a professional dinary season. This marks the third have a special place in our hearts for level, and in Connecticut you are ei- time that UConn women have leapt the white and blue alone. We are proud ther a Boston Red Sox fan or a Yankee above the rim of college basketball and that the rest of the Nation is catching fan. Some are now Mets fans. In foot- the first time in NCAA history that on. A record crowd of nearly 30,000 fans ball, you either support the Giants or any school has gone unbeaten on two turned out at the Alamodome in San the Patriots. In hockey, it is Boston, separate occasions. Antonio to watch the Huskies win the New York, or New Jersey. At the colle- Mr. President, you may remember— national title. That growing popularity giate level, the UConn men’s team, and I certainly do—a similar swell of is helping women’s college basketball pride when Rebecca Lobo and Jenn under Jim Calhoun, had a wonderful ascend to truly new heights. Rizzotti and company ran the table on I am proud to join with Senator DODD season, getting to the final eight, los- the way to the national championship and our colleagues in the House in in- ing to Maryland, and the UConn wom- in 1995. For years to come, student ath- troducing this resolution and in con- en’s team going on to the third na- letes around the Nation will be striving gratulating the UConn players and tional title in the last few years. to approach the perfection of this pro- coaches on their singular accomplish- While we don’t have a professional gram, and we in Connecticut are so ment and asking the Senate to do the sports team in our State, we have won- proud of it. same. We are filled with pride over the derful college athletics, and you can As Senator DODD indicated, five of honor the Huskies have brought to understand the great sense of pride we these great basketball players won All- Connecticut. all feel over this unique and special ac- American notice. They poured in more Two years ago, when Senator DODD complishment achieved by the UConn points than any other team in the Na- and I were here and I was honored to women’s basketball team. I know my tion and racked up an NCAA record av- give a similar speech saluting the colleague is here being supportive. erage margin of victory of more than 35 UConn men’s Huskies, I closed with the

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2382 CONGRESSIONAL RECORD — SENATE April 9, 2002 UConn cheer. I believe if I don’t do it tried ever since I have been in the Sen- bill, we need to pass an energy bill. I do today, there will be objections raised ate to get us to plan ahead, to lead our not like the bill the Senate is consid- under various Federal statutes. So here country to be self-sufficient in our en- ering. It has some big problems. We are it is: U-C-O-N-N, UConn, UConn, ergy needs. Unfortunately, the dis- trying to straighten out those prob- UConn. agreements have been too great and lems, and we have made some headway. Thank you. I yield the floor. Congress has not been able to come up Some of the amendments that have The PRESIDING OFFICER. Without with a plan that could be signed by the been adopted have improved the bill. objection, the resolution and the pre- President. When the price of gas at the pump amble are agreed to. Today we are not only talking about goes up 14 cents in the last 14 days, we The resolution (S. Res. 232) was economic security, we are talking cannot sit here and twiddle our agreed to. about something bigger, and that is na- thumbs. We cannot do it in good con- The preamble was agreed to. tional security. We must have an en- science. It is time for the Senate to get The resolution, with its preamble, ergy policy that begins to make our to work. reads as follows: country self-sufficient because we can There will be an amendment pending no longer allow 60 percent of our en- S. RES. 232 in the next 15 to 30 minutes. We need to ergy needs to be imported, especially Whereas the University of Connecticut complete that amendment and go to women’s basketball team won its second na- from countries that may or may not be the next one. It is very important. Part tional championship in 3 years by defeating there for us. of the bill will give tax incentives for the University of Oklahoma by the score of I do not know what it takes for the the small drillers, the 15-barrel-a-day 82–70; American people to get it. Iraq has just drillers, to stay in business so we will Whereas NCAA Division I Women’s Basket- said they are not going to export oil for have stability if the price goes below ball Coach of the Year Geno Auriemma’s 30 days. The United States uses 1 mil- $15 a barrel. These are small business team finished the 2002 season with a perfect lion barrels a day from Iraq and the people. They are not going to reopen a 39–0 record, becoming only the fourth NCAA world market. Every time a country Division I women’s basketball team to go well if they do not have some floor to says they are not going to produce, it help them stay in business and avoid undefeated; takes that oil out of the world market Whereas Sue Bird was chosen as the na- the cost of closing that well. That is tional women’s player of the year; and increases the price of gasoline at the reason many of the wells, that were Whereas Swin Cash was named the Final the pump and the cost to every factory closed when prices were $11 a barrel, Four Most Outstanding Player; to stay in business. have not been reopened. Whereas Sue Bird, Swin Cash, Diana We are in a war. There is no question If we can get all of the marginal Taurasi, Asjha Jones, and Tamika Williams we are in a war on terrorism. We are in wells pumping in this country, we will were selected as All-Americans; a war for the very freedoms on which equal the amount we import from Whereas the Huskies’ 35-point average our country was built. Religious diver- Saudi Arabia every day. If we drill in a margin of victory during the regular season sity in our country has been the beacon was the largest in NCAA Division I women’s very small part of ANWR, we can equal in the world for tolerance and respect the amount we import from Iraq every basketball history; of people with different views. That has Whereas the Huskies dominated this year’s day. That would be a significant step NCAA Division I women’s basketball tour- been attacked. toward our stability. We are in a war, and when we are in nament, averaging 83.3 points and a 27-point ANWR is an area the size of the State a war, it means we must make sure our margin of victory en route to the champion- of South Carolina. Part of it has vege- underlying strength is everything we ship; tation and is a wildlife preserve. The Whereas the high caliber of the Huskies in can make it. Part of our underlying part we are talking about drilling is both athletics and academics has signifi- strength is a ready supply of energy. 2,000 acres, about the size of Dulles Air- cantly advanced the sport of women’s bas- We must have a stable price for the en- port. We are talking about the size of ketball and provided inspiration for future ergy we consume in our homes, in our Dulles Airport and the State of South generations of young men and women alike; cars, and in our factories to keep the and Carolina. I think sometimes when I Whereas the Huskies’ season of unparal- jobs in our country. We should have done this 6 years ago. hear the environmentalists debate this leled accomplishment rallied Connecticut issue, they do not know about the new residents of all ages, from New London to We should have done it 4 years ago. We should have done it 2 years ago. But if techniques for drilling. We do not drill New Haven, from Hartford to Hamden, be- all over an area anymore. We used to hind a common purpose, and triggered a we do not do it now, we are remiss in wave of euphoria across the State: Now, our responsibility as leaders of this have an oil well about every 50 feet. We therefore, be it country. The President has called on do not do that anymore because we Resolved, That the Senate commends the Congress to send him an energy pack- have technology that allows us to go Huskies of the University of Connecticut age. We are debating an energy pack- down lower and spread out to get the for— age that has been passed by the House. oil without damaging the surface at (1) completing the 2001–2002 women’s bas- all. ketball season with a 39–0 record; and It is a balanced package. It increases production of oil and gas in our coun- We are talking about a very small (2) winning the 2002 NCAA Division I Wom- area that can be drilled, and it happens en’s Basketball Championship. try. It has renewable incentives so that we will have wind energy and research to be an area that does not have vege- The PRESIDING OFFICER. The Sen- tation. Two- thirds of the year it is ice, ator from Texas is recognized. into ethanol, soy fuel, and other products we can renew. It encourages the and the road will not ever hit the dirt f building of more nuclear powerplants because it is an ice road. We will not harm the caribou. There was a study ORDER OF PROCEDURE which is a clean and safe energy. We will have more clean-burning coal. that came out from the Department of Mrs. HUTCHISON. Mr. President, I There are so many opportunities for the Interior that indicated there would ask unanimous consent to set the us to become self-sufficient, but until be harm to the caribou, but they were speaking order. I would like to have up we have an energy policy, we will not not talking about the bill we are going to 10 minutes to speak, after which be self-sufficient and we will be be- to address. The assumptions the De- Senator MILLER would like 10 minutes, holden to countries, such as Iraq, that partment made in the report are not in after which Senator FRIST would like are already cutting us off as I speak. the bill that the House passed. It is a 15 minutes. We cannot allow any country, even a totally different issue. They assume we The PRESIDING OFFICER. Without supposed friend, to have a veto over will be drilling in other parts of the objection, it is so ordered. our economic stability which, in turn, refuge which we will not. f is a veto over our national security. We We will be sensitive to the environ- cannot allow it, Mr. President. If we ment. We should also protect the na- ENERGY SECURITY do, we are not the leaders of our coun- tional security of our country. We can Mrs. HUTCHISON. Mr. President, I try that we should be. do both. Do we want to protect jobs rise today to talk about the need for an I am calling on the Senate to pass an and security in America, or do we want energy policy for our country. I have energy bill. Even if it is not a perfect to be beholden to foreign countries for

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2383 our energy needs which could shut young folks determined to eke out a source that we must be, as my moun- down factories, lay off workers, cause living without having to move to At- tain friend said, worried about. It is lines at the gas pumps, and cause eco- lanta; retired folks who did go to the not always pleasant and uplifting to nomic hardship in this country? That city to find work and then came back see this segment of our society. They is our choice, and the choice is before home as soon as they could. make us sad. Many of us—too many— us today: Are we going to choose to be There is also a percentage of people even refuse to see them. We refuse to self-reliant, like the greatest country from States such as New York and see them because we fear we may see on Earth at war, or are we going to Michigan who dreamed of retiring to ourselves to be the lonely elderly wait- rely on imports from countries that the sunshine of Florida, and did. Some ing, waiting for someone, anyone, to have already said they are going to cut found it a little crowded and then came knock on their screen door and, as us off? It is a no-brainer, Mr. President. on up to our area in north Georgia. We John Prine sings, say, ‘‘Hello in there.’’ It is a no-brainer. We must look out for call them halfbacks. They retired to The elderly are waiting for some- the interests of America. If we are Florida, then moved halfway back thing else, too. They are waiting for us going to be the beacon of freedom in home. Nothing wrong with Florida, to do something about their needs. So the world, this is part of our ability to mind you. They just enjoy the beauty far, they have waited in vain, each day protect that freedom. of our mountains. growing older and weaker and many We can do no less than pass an en- The point I am making is this is a dying. ergy bill, go to conference, and work great cross-section of folks, usually Do you know who we in Washington out with the White House the dif- equally divided between Republicans, are like? We are like those people in ferences we have. Let us put the par- Democrats, and Independents. It is the biblical story of the Good Samari- tisan differences aside and let us make where I do my focus groups, for free— tan who passed by the man in the ditch sure America has a balanced energy or not exactly for free: sausage, a bis- and refused to help him. We are no bet- policy. This includes conservation, re- cuit, and a cup of coffee. ter than they are. newable energy, electricity deregula- I suggest to both parties in Wash- Our elderly have always been the tion, more production in our own coun- ington who pay those enormous sums backbone of our society, and if we do try of oil and gas, and lessening the li- of money for focus groups and polling not give them some help soon, this Na- ability for nuclear powerplants, so we that there is a much cheaper way to do tion is going to get a permanent cur- will once again be able to build nuclear it, and I swear I believe it is just about vature of the spine. powerplants for clean energy. as accurate. Twenty-five centuries ago, Plato said The United States is not going to Anyway, the point I want to make is it best: States are as men are. They walk backward on protection of the en- over the recess I was in Mary Ann’s a grow out of the character of man—and vironment. We will never do that. We lot, and I processed a lot of informa- woman, I might add. are going to protect the environment, tion on the cross-tabs of my brain, you If we in the Senate are to be called and at the same time we are going to might say. civilized, decent, God-fearing and God- protect the national security of our One day, an old timer, so thin he was obeying, we who are so richly blessed country, if we do the right thing. mostly breath and britches, followed must meet this stark question of I hope my colleagues, who have come me out into the parking lot. That is human need. We must have a meaning- back from 2 weeks at home, have seen where you can have real private con- ful prescription drug benefit, and we the prices rise at the pump, have seen versations, usually with one leg must have it soon. the moms in SUVs who are taking propped up on the bumper of a pickup. I say to my fellow Senators, let us their children to school in carpools We have known each other all of our get our priorities in order. Sure, it was saying: My gosh, I cannot afford to fill lives. He stared deep into my eyes and important to pass campaign finance re- up my tank and pay $150; I cannot do he said: ZELL, I am worried about form, to try to take big money out of it. Hoyle. the political process. But is there any- No one says: Well, do not have an Hoyle Bryson is my uncle, kind of one who would argue it is more impor- SUV. If they have five or six children like a father since my dad died when I tant than a prescription drug benefit? and they are car-pooling, they are sav- was a baby. Hoyle has always lived Election reform, we are going to get ing a lot of money because they are next door. When I was a little boy, he back on that. I am for it, too. We need doing something that would take two played professional baseball in the to make the process easier, and we cars to do. They are also looking out minor leagues at far-away and exciting need to make it fairer. Fast-track for the safety of their children by hav- places such as Tallahassee, FL; trade, let’s debate it. It is important. ing heavier vehicles. Tarboro, NC; Portsmouth, VA. Most of These important time-consuming, The time is now. We have the oppor- his life he was a hunter and a trapper well-meaning pieces of legislation that tunity to pass an energy bill and put and worked as a lineman for the Rural will tie this body in knots and run out one more piece of our homeland secu- Electric Association. He is 88 years old the clock, are any of them close to rity in place. It is our responsibility, now, has lived alone for over 20 years dealing with the clear human need of a and I hope the Senate will step up to since his wife died. Once, a strong prescription drug benefit for our elder- the plate and do the right thing. mountain man, he now has diabetes, ly? I yield the floor. prostate cancer, recently had If someone tuned in to the debates in The PRESIDING OFFICER. Under angioplasty, and this week was both- this Senate since Christmas, they the previous order, the Senator from ered with a kidney infection. That once would conclude we care more about the Georgia is recognized. strong body is gradually growing weak- welfare reform of the caribou than we f er. do about the welfare reform of our el- So I am worried about Hoyle. I am derly. This is a life-and-death issue PRESCRIPTION DRUG LEGISLA- worried about Hoyle, even though he about our fellow human beings, for TION IS NEEDED TO HELP AMER- still makes his own garden and keeps a goodness’ sake. It is not about the fra- ICA’S ELDERLY passel of hound dogs, as he always has. gility of the tundra in some far away Mr. MILLER. Mr. President, there is I took him to the doctor a few weeks isolated place only a very few people a little family restaurant in my home- ago and stopped back with him at the will ever see. It is about the fragility of town of Young Harris, GA, that is drugstore to fill his prescriptions. They a human being’s last days on Earth. called Mary Ann’s. It is where the came to well over $100 and will only There is absolutely no reason, no rea- locals gather, and often some tourists, last him a couple of weeks. son except cheap political gamesman- to enjoy the north Georgia mountains. Hoyle, as do most of our elderly, lives ship, that we can’t have a prescription It is a good cross-section of folks: Blue- below what statistically is known as drug benefit before election day—no collar laborers who build houses and the lower poverty level threshold. This good reason, no acceptable reason at cut timber; teachers from the little is the group that is hurt most by taxes all. junior college up the street where I and especially by rising health care There are 11 prescription drug bills once taught, and may do so again; costs. They are a valuable human re- pending in this Senate today, all of

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2384 CONGRESSIONAL RECORD — SENATE April 9, 2002 which would be better than what we The PRESIDING OFFICER. Without research. The promise of stem cell re- have. With 54 different Senators listed objection, it is so ordered. search, for Parkinson’s disease, Alz- as cosponsors, that says to me a major- The Senator from Tennessee. heimer’s disease, diabetes, spinal cord ity of this Senate wants to do some- f injuries, autoimmune disorders, cardio- thing and do it now. All of the budget vascular disease—the promise of stem HUMAN CLONING proposals floating around out there in- cell research and the science can and clude money for a prescription drug Mr. FRIST. Mr. President, in the will progress with a ban on human benefit. coming weeks the Senate will consider cloning embryo experimentation. Both parties made this promise to legislation to prohibit human cloning. Most serious observers—I don’t want our elderly in the 2000 election. So why In advance of that important debate, do say all—agree that human reproduc- are we waiting? How much longer must which will center upon this intersec- tive cloning should be banned, must be we wait? How long are we going to con- tion of values, of ethics as it crosses banned. Indeed the legislation that will tinue to play this nonproductive, par- with science, many have begun study- come to this floor will ban reproduc- tisan, never ending ping-pong game of ing in a very careful way this complex tive cloning. It is dangerous and it is retribution and payback that takes up issue. unethical. so much valuable time and, frankly, A number of colleagues have come The question this body will be debat- makes us all look silly and petty? How forward and asked me, personally, ing is whether or not this ban on long will we keep using the antiquated about this issue, in part because of my human reproductive cloning should ex- rules that slow down everything to a medical background, but also in large tend to all human embryo cloning. The crippled snail’s pace, that on a regular part because they know I am a strong issue is not cloning of DNA, that is basis thwarts the clear will of the ma- advocate for and a strong supporter of going to continue no matter what; not jority of this body and instead sub- stem cell research, as long as that stem cloning of molecules, that is going to stitutes the tyranny of a minority? We cell research is conducted within a continue; not cloning of cells other should stop this dilatory dillydallying framework of a comprehensive, ethical, than cells that become or are an em- and put up a sign around here that says and moral oversight system. bryo, that is going to continue. That is ‘‘No Loitering.’’ The question I hear most is the fol- not yet fully understood and, in truth, We should cut down on some of this lowing: Can one truly be an advocate we have not debated the legislation on Presidential candidate posturing. I for stem cell research and, at the same this floor. But that will become appar- know you cannot do away with all of time, oppose human cloning experi- ent. it, of course. But you want to be a con- mentation? After an in-depth study of The House of Representatives has al- tender? Quit preaching and preening this issue from a policy standpoint, ready overwhelmingly passed strong bi- and produce. You want the well off to from the standpoint of being a Senator partisan legislation comprehensively show you the money? Show the not so and looking at that legislation as a banning human embryo research well off a prescription drug benefit. science, from a medical standpoint, I cloning experimentation and reproduc- To do that, you will have to say no to believe the answer to this question is tive cloning. Now is the time for the some of those high-priced political yes. Senate to do so. strategists, those consultants who Until now, the overall human cloning Those who favor human research couldn’t get elected dogcatcher them- debate has been presented almost as an cloning experiments often point to its selves, whose advice is always the absolute choice between, on the one potential to develop tissues that will same: Have an issue, not a result. hand, medical science and the hope for not be rejected. In fact, on the next chart—which I will not deal with Never compromise, never accept a half cures and, on the other, ethical re- today, but will come back to—are the of loaf of anything. straint. Remember FDR once said: This is an oversimplification that arguments, the overall claims that human research cloning, or human Try something. If it doesn’t work, try does not do justice to the clinical, sci- something else. But for God’s sake, try cloning research is necessary to pre- entific, philosophical, moral, ethical, something. vent immune rejection and is necessary and spiritual complexities underlying That is what I am trying to say. I for other reasons. this discussion. I am glad to see that a want Hoyle and all those millions like As a heart transplant surgeon, one number of my colleagues and people him in the land of plenty who have who spent many years of my life trans- around the country have not locked played by the rules and worked hard all planting hearts, this immune phe- into this false choice, but rather have of their lives to have some peace and nomenon is something I will come back stayed back to examine these in our hope in the twilight days of their last to the floor and talk about because it deliberations. years. is very important for us to address. Ad- After carefully considering all of the If this so-called center of democracy vocates for human embryo research evidence brought forward in hearings keeps piddling and procrastinating and cloning and so-called therapeutic em- and on the floor in support of human postponing this issue, I hope the Amer- bryonic cloning experiments say it will embryo research cloning experimen- ican people will rise up as did those increase the number of embryonic stem tation, after considering the medical fans at that football game in Cleveland cells. We will talk about that. They say progress being made and that will be and run both teams off the field. it will further basic biological knowl- The PRESIDING OFFICER. Under made through stem cell research, and edge. Again, we will come back and the previous order, the Senator from after considering the overwhelming talk about that as the debate proceeds. Tennessee is recognized. ethical concerns about human embryo There are facts that will need to be cloning experimentation, I conclude f presented. But moving away from the that a comprehensive ban on all human scientific standpoint, if you look at the ORDER OF PROCEDURE cloning is the right policy at this time. overall ethical and moral concern, it is Mr. WYDEN. For the purpose of a I intend to support legislation con- this: Regardless of our religious back- unanimous consent request, I ask to be sistent with this policy, and I will en- ground, most of us—maybe I should say recognized after the Senator from Ten- courage my colleagues to do likewise. many, but I believe most of us—are ex- nessee. As we move forward, one must under- tremely uncomfortable today with the The PRESIDING OFFICER. Without stand the fundamental fact that I hope idea of creating cloned human em- objection, it is so ordered. plays out over the next several days bryos, doing an experiment on them, Mr. WYDEN. I appreciate the gra- and weeks in the discussion. It is im- and destroying the human embryo. ciousness of the Senator from Ten- portant; that is, embryonic stem cell That is the state of the science. That is nessee, and I ask unanimous consent research and human embryo cloning re- the state of the art. that at this time morning business be search are not the same thing. Human If one supports human research or extended for 10 minutes so at the con- embryo research cloning—called thera- therapeutic cloning, given where we clusion of the remarks of the Senator peutic or research embryo cloning—is are today—our understanding of from Tennessee I can speak as if in an experimental technique often conscience—you are in support of purpose- morning business for up to 10 minutes. fused with but distinct from stem cell fully creating an embryo, of removing

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2385 the cells, and thereby destroying that significant research in animal models— then, as I do now, that salvage sales embryo. and again most people do not realize that eliminate public input, prohibit The other concerns which people will that we are talking about human legal appeal, and limit environmental talk about—although I think this is cloning experimentation creating analysis, are anathema to responsible the concern that most people will start human embryos. This research has not and effective forest management. Now, with—will be concerns about women’s even been conducted in animal models 6 years later, I rise in this Senate to health. Human cloning clearly will cre- at this juncture. Thus, I find no com- announce the cancellation of a particu- ate a market for women’s eggs. That is pelling justification for allowing larly important salvage rider timber going to create powerful incentives for human cloning, reproductive or re- sale and to emphasize that, in my view, women to undergo an intense regimen search, today. salvage riders are no way to do busi- of superovulation drugs and surgery, It is important also—and I will very ness in the natural resources field. with potentially devastating side ef- quickly go through this—to be clear I am pleased to be able to announce fects. that we are talking about a ban on re- this morning the cancellation of the As a physician and a policymaker productive cloning along with a ban on Eagle Creek timber sale in my home who struggles, especially since I have what is called research or therapeutic State of Oregon. From its inception, I come to Washington, with this inher- cloning, but it is all human embryo believed the Eagle Creek salvage sale ent tension between scientific progress cloning. But the bill allows other types was not subject to adequate review and and ethical concerns, I think there are of cloning research to continue—many that the planned logging would result two fundamental questions that this people do not realize that—whether it in excessive environmental damage. body needs to answer, and the Amer- is cloning to produce animals, cloning For more than 3 years, I have worked ican people need to answer: No. 1, does to produce plants, cloning any cell to prevent that damage. In July of 2000, the scientific potential of human em- other than a human embryo, cloning of I called on the Department of Agri- bryo cloning experimentation justify DNA and RNA, proteins or any other culture to convene an independent re- this purposeful creation of human em- molecule. In fact, I will not go through view team to analyze the threat. The bryos which must, by definition, be de- the entire list now. team found that, indeed, the sale did stroyed in the experiments? The second The point is, the cloning science con- pose a greater risk than anticipated to question is: Does the promise of human tinues. The ban is on the cloning of the the well-being of the Eagle Creek for- embryonic stem cell research—and, human embryo: the purposeful creation est. Today, I offer my thanks to Agri- again, this is separate from cloning—in of an embryo for human reproduction culture Secretary, Ann Veneman, who any way depend on the experimental or for experimentation and its ultimate followed through on her commitment research cloning, the human cloning destruction, which is what we are ban- to review the team’s findings, for research technique or tool? To both of ning today. choosing to implement them, and for those questions I answer no. I would indeed argue that any poten- effectively stopping the timber sale At this point in the evolution of this tial benefit of cloning should be carried that would have done significant envi- new science, I believe there is no jus- out—should be demonstrated in animal tification for the purposeful creation ronmental damage. models before going to the human The Eagle Creek sale is an example and destruction of human embryos in model. of a sale that should never have moved order to experiment with them, espe- I wanted to make the statement forward in the first place. At the core, cially when the promise and success of today based on my assessment of where section 318 salvage sales are inherently stem cell research does not—does not— we are. There will be plenty of time to flawed because they take the American depend on the experimental research debate this later. With that I will people, the public that we represent, cloning technique. As my colleagues close. out of the process of managing public know, I am a strong supporter of stem I want to say, once again, I will sup- land. As I thank the Secretary of Agri- cell—including embryonic stem cells— port legislation to ban all forms of culture for stopping this flawed sale research, as long as that stem cell re- human embryo cloning, reproductive, this morning, I call on the administra- search is conducted within an ethical research and therapeutic, when the tion to oppose further salvage riders. and moral framework. issue comes before the Senate. I, in- Those who would follow the failed Last August, President Bush outlined deed, will urge my colleagues to do Eagle Creek effort are no more likely a scientific and ethically balanced pol- likewise. to respect the health of the Nation’s icy that allows Federal funding, I yield the floor. forests or the wishes and needs of the through the National Institutes of The PRESIDING OFFICER. The Sen- Nation’s forest communities and stake- Health, for embryonic stem cell re- ator from Oregon. holders. search, using nearly 80 stem cell lines. f When the Government pursues nat- This has, indeed, opened the door to a FOREST MANAGEMENT ural resources issues with no oppor- significant expansion of embryonic tunity for public comment, discussion, stem cell research within this ethical Mr. WYDEN. Mr. President, 6 years or appeal, the only result is distrust and moral framework. ago last month I gave my first speech and dissention. As chairman of the A lot of people do not realize today in the Senate Chamber. It dealt with Subcommittee on Forests and Public that there are no restrictions—whether an especially important forestry issue. Lands Management, on my watch I am there should be or should not be is not I continue to have significant interests going to do everything to work with the subject of the legislation that will in these matters as chairman of the my colleagues on a bipartisan basis to come to the floor—but it is important Subcommittee on Forests and Public avoid that kind of approach. to realize there are no restrictions on Land Management. I am especially pleased the county private research using embryonic stem In particular, as chairman of this key payments laws that I authored with cells from embryos left over after in subcommittee, I am committed to end- our colleague from Idaho, Senator vitro fertilization procedures. Thus, ing the tradition of suspicion and dis- LARRY CRAIG, are an example of how when you come to that argument of agreement that has characterized so the logjam over forest policy can be just having a technique which produces much of forest management over the broken. That is an approach that pro- more embryos, I would argue that decades. I am pleased to be able to an- vides for the ecological health of for- there is simply no compelling need for nounce this morning a development ests and also helps to ensure the eco- any other source of embryonic stem that takes a significant step in that di- nomic survival for scores of rural com- cells today. rection. munities. Our county payments legisla- The state of the science and the state In March of 1996, what brought me to tion helps widen the way for a real dis- of the research we will be addressing this floor was my opposition to the so- cussion of forest management policy again on the floor as we go forward. called salvage rider, an approach that and an open discussion that must con- But given the serious ethical concerns allowed timber sales to jeopardize the tinue. on human embryonic cloning research, health of the forests in my home State I come to the floor this morning to given the fact that there is a lack of of Oregon and elsewhere. I believed reaffirm my commitment to new and

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2386 CONGRESSIONAL RECORD — SENATE April 9, 2002 inclusive approaches to addressing the Israel cannot be expected to place a happening? I believe there is a hidden issues of forest management. limit on her own self-defense or end her agenda, and that hidden agenda is to The administration has now made effort to capture terrorists so long as drive out the Jewish people and create the right decision on Eagle Creek. It is fanatics on the Palestinian side con- a Palestinian state, which includes time to halt the destructive practice of tinue to plot and carry out these at- Israel. This has been the Palestinians’ salvage sales around this country. tacks. historic quest. Many of us hoped that I look forward to working on a bipar- Indeed, some 30 years ago, I recall through the Oslo process this quest tisan basis with our colleagues and hearing former Israeli Prime Minister could have been changed. But I am in- with the Secretary of Agriculture to Golda Meir say: creasingly beginning to believe it has promote a balanced forest policy that We are not going to die so the world will not been changed. protects the remaining old growth in think well of us. It may be unreasonable to expect our national forests. An overwhelming majority of the that Arafat will be 100 percent success- I yield the floor. Israeli people still feel the same and ful in bringing Hamas and the Islamic I suggest the absence of a quorum. believe as I do that Israel has a legiti- Jihad totally under his control. But he The PRESIDING OFFICER. The mate right to self-defense. can control Fatah and the Al Aqsa bri- clerk will call the roll. Forces under the control of Yasser gades and the Tanzim. So far, it is im- The legislative clerk proceeded to Arafat have been directly involved in possible to make the argument that he call the roll. perpetrating the recent wave of deadly has even tried. We must remember that Mr. REID. Madam President, I ask terrorist attacks against Israeli civil- Yasser Arafat has rejected all Israeli unanimous consent that the order for ians. Many of these attacks have been peace plans, and he rejected General the quorum call be rescinded. The PRESIDING OFFICER (Mrs. carried out by Arafat-affiliated groups Zinni’s recent cease-fire plan, which such as the Al Aqsa Brigade, recently Israel accepted. CLINTON). Without objection, it is so ordered. designated by the State Department as General Zinni went to the Palestin- a foreign terrorist organization, and ians and said: What do you need? He f the Tanzim. These are parts of his own then went to the Israelis and said: EXTENSION OF MORNING military apparatus. What do you need? He then put them BUSINESS During the week of Passover, 46 together and presented each with a Mr. REID. Madam President, I advise Israelis were killed and more than 120 cease-fire plan. The Israelis accepted Members that we are now working on a wounded. In March alone, 125 Israelis it; the Palestinians did not. So one unanimous consent agreement to have were killed in the attacks which cul- must believe the Palestinians could a vote at probably about a quarter to 3 minated in the bombing of the Pass- stop this violence if they wanted. today. We should have something on over ceremony in Netanya. Israeli soldiers are now going door to that as soon as the Senator from Cali- According to documents recently door. If they retreat, I believe it will be fornia completes her speech. I ask seized by the Israeli military from Pal- back to the suicide bombing as usual. unanimous consent that morning busi- estinian Authority headquarters, one In the past 2 weeks, there have been no ness be extended until we recess today of Arafat’s top advisers who works out suicide bombings, since the last bomb- at 12:30. of his office is directly involved in fi- ing on March 31 at the Haifa restaurant The PRESIDING OFFICER. Without nancing the illegal weapons purchases which killed 14 people. The Israeli De- objection, it is so ordered. and the terror activities of the Al Aqsa fense Forces, IDF, have arrested rough- The Senator from California. Brigade. This same Palestinian Au- ly 1,500 people and placed 500 on the Mrs. FEINSTEIN. Madam President, thority was directly involved in efforts wanted list. The Israeli Defense Forces I ask unanimous consent to speak in to illegally smuggle in more than 50 have captured more than 2,000 weapons morning business for the next half tons of arms from Iran a few months of various types, including thousands hour. ago. of guns and ammunition, 44 combat The PRESIDING OFFICER. The Sen- Arafat resumed using terror as a tac- vests and suicide belts, more than 60 ator is recognized. tic after he walked away from Israel’s pounds of high explosives, and nearly f historic peace concessions at Camp 50 rocket-propelled grenades and David in 2000. The offer placed on the launchers. They have captured night PEACE IN THE MIDDLE EAST table at Camp David may not have vision equipment and sniper rifles. The Mrs. FEINSTEIN. Madam President, been perfect, although I happen to be- IDF has also discovered 11 weapons and it has become very clear to me and to lieve it was excellent, giving the Pal- explosives laboratories. others that the linchpin of stabilizing estinians 96 percent of what they want- In the final analysis, if there is to be the Middle East and also to developing ed. They have not put an offer on the a peaceful resolution of the crisis, and an allied coalition of Arab nations in table. Rather, they have opted for vio- if there is to be a Palestinian state the war on terrorism is the resolution lence. alongside Israel, Mr. Arafat must make of the Israeli-Palestinian conflict. Un- Since the fall of 2000, Arafat and his every effort to take the measures nec- fortunately, in the past 2 weeks, while forces have engaged in hundreds of acts essary to bring the suicide bombing Congress has been on recess, we have of terror against Israel, principally tar- and this kind of violence to an end. seen an escalation of violence. I strong- geted at civilians. Arafat and other That is the responsibility he bears as a ly believe that Yasser Arafat must Palestinian officials have been directly leader if he wants to see his people shut down the suicide bombers or there involved in inciting violence against truly live in peace and freedom. will be no opportunity for peace in the Israel. Arafat and other Palestinian of- If Secretary Powell is unable to Middle East. ficials have been directly involved in make concrete progress in ending the The Crown Prince of Saudi Arabia ex- failing to thwart terrorist operations violence and moving the peace process pressed a vision for a peace plan. Sec- because they know how powerful those forward, I intend to move forward retary Powell is in the area to see if he operations are. shortly on an updated version of the can capitalize on this vision and re- Arafat and other Palestinian Author- Middle East peace compliance legisla- store peace and stability, at least to ity officials have been directly in- tion that I introduced with Senator get a cease-fire. His job is, indeed, a volved in releasing terrorist suspects MCCONNELL last fall. difficult one. rather than arresting them. Arafat and The stakes are enormous. As an edi- The suicide bombings are a potent other Palestinian Authority officials torial last Thursday in the Washington weapon and they have been precisely have been directly involved in failing Post—and I find myself strongly agree- calculated to destroy any chance for to confiscate the weapons of terrorist ing—stated: peace. Again, why? If these suicide suspects. It should not be hard to agree that a per- bombers cannot be stopped, the situa- All of these actions are required son who detonates himself in a pizza parlor tion can only deteriorate and the re- under the terms of peace agreements or a discotheque filled with children, spray- sult will only be full scale military he signed and to which he claims to be ing scrap metal and nails in an effort to kill conflagration. still committed. So why is all of this and maim as many of them as possible, has

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2387 done something evil that can only discredit ability of an Israeli State to stand side and lubricated, the commodity that is and damage whatever cause he hopes to ad- by side with the Palestinian State. often misunderstood, known as insur- vance. That Muslim governments cannot 3. No physical Palestinian right of re- ance, needs to be provided. agree on this is shameful evidence of their turn but just compensation as provided own moral and political corruption. If we are successful in getting the for in United Nations Resolution 194. parties to come together and the legis- And, 4. All suicide bombings stop or the lative branch and the executive branch The Palestinian national cause will never agreement is invalidated. of Government to come together on a recover—nor should it—until its leadership 5. A peacekeeping and monitoring of is willing to break definitively with the bill—this particular legislation that is bombers. And Muslim states that support the agreement by the United Nations being talked about has a gross omis- such sickening carnage will risk not just and/or the United States over the next sion; and that is, the consumer needs stigma, but their own eventual self destruc- 5-year period. to be protected from the rates being tion. If it is true that all Palestinians jacked up so high using terrorism as an So either terror ends or full-scale war want is their own state and govern- excuse. In fact, that is what we are al- begins. This is the way I see it. ment, then they shall have it. If it is ready beginning to see. We are seeing Hopefully, the world will respond. also true that what they really want is the rates of a number of liability, prop- Despite all that has happened, the the destruction of the State of Israel, erty, and casualty policies going United States can and should encour- then this will become crystal clear to through the roof as a result of the un- age Israel to sit down at the negoti- the world. Israel has a right to live in certainty of the climate set about by ating table for one final try. We should peace and security, within internation- terrorism. be responsible to get the Israelis to ally recognized borders, and only Arab There is an easy way to handle that, that table. But if the United States is States committed to peace can bring and if this body does get together on a to do so, the Arab world must also rise this to a peaceful end. terrorism insurance bill, then clearly it to the occasion and exercise this same The ongoing wave of terror threatens ought to have the protection that, control over Arafat and the Palestinian the survival of Israel as a free demo- first, the premiums collected for ter- terrorists. That should be the responsi- cratic and civilized society, and it risks rorism insurance not be mixed with the bility of the Arab world. engulfing the entire Middle East in premiums collected for liability, fire, I must say I was struck by the chaos and war. theft, slip and fall, and other activities. unhelpful nature of Ambassador Ban- Israel must fight against this terror, Why? If an insurance company needs to dar bin Sultan’s recent op-ed piece in just as we do, just as surely as the charge an additional amount for ter- the Washington Post. It seems to me if United States must fight and destroy rorism, and there is no experience or there is ever a time for responsible al-Qaida and the other terrorist groups data save for the September 11 experi- Arab governments to shut down suicide with global reach. And I firmly believe ence, we need to know how much is bombing as an acceptable tactic for the United States should stand by being charged so that the insurance anything and push Yasser Arafat into a Israel’s side in the quest for peace and commissioners of the 50 States will be cease-fire, real negotiations, and a security. able to build some data and see clearly peace plan, that time is now. Both the Madam President, I yield the floor. whether or not the amount of a pre- The PRESIDING OFFICER. The Sen- Saudis and the Egyptians are well mium being charged is, in fact, actu- ator from Florida. known for seeking and destroying ter- arially sound to support the threat of rorists or others who threaten them. f future insurance losses from terrorism. But they fail to allow Israel the right TERRORISM INSURANCE The commissioners need data and to do the same or to destroy the infra- they need experience and the only way, structure that organizes and arms the Mr. NELSON of Florida. Madam President, I wish to speak about truth from an accounting standpoint, they suicide bomber and recompenses the can accurately measure that is the pre- bomber’s family. Suddenly, those who in politics. Some people would say that is an oxymoron, but it is very much miums for terrorism insurance are kill and maim Israeli citizens are he- kept separate from all other premiums roes, as long as it is only Israelis they needed in this town. Truth in this town often gets mixed up with the excessive for the normal property and casualty kill. insurance cost. Some believe that the Saudis want to political partisanship that starts to have it both ways—support Americans raise its head when the hot contest on A second provision that is absolutely in our war against terror, and support an issue arises, and one such issue essential for the protection of the con- Yasser Arafat as he wages terror. Am- arose yesterday. The President took a sumer is that there be a cap on the bassador Bandar bin Sultan gives credi- swipe at the majority leader of the amount the premium can be raised. In- bility to this argument. Any premature Senate over the fact that the majority stead of these gargantuan rate hikes withdrawal of Israeli troops before leader was not bringing up legislation that are now occurring—some double they are able to seek out and destroy on terrorism insurance when, in fact, if and triple the amount that businesses the members of the terrorist network my memory serves me correctly, in the have paid in the past—there could be a must be replaced by a serious commit- closing hours before the Christmas re- much more modest rate hike. If that is ment of the United States and all mod- cess, it was the majority leader who not enough or if that is too much on erate Arab States to stop the terrorist brought up the terrorism insurance the basis of the experience—in other bombing. If it is not, then this coun- bill, and it was objected to by the mi- words, the payout for terrorism losses try’s war against terror will be mor- nority leadership, specifically the sen- in the future—the insurance commis- tally wounded by hypocrisy. ior Senator from Kentucky. sioners of the 50 States will be able to I suggest that Secretary Colin Powell Then yesterday, the Senator from have a record they can then figure out pick up the Saudi peace plan and place Nevada offered a unanimous consent whether that is too much or too little. it squarely on the table of world opin- request to bring up the terrorism in- Instead of taking advantage of the ion, with the following caveats: surance bill, and it was objected to by trauma of the climate of September 11, 1. Withdrawal of Israel to the 1967 the minority leadership of the Senate. we ought to put a cap in any legisla- borders and agreement to the creation I wish we would get our facts correct tion we pass on the amount the rates of a Palestinian State, to be condi- about who is doing what to whom and can be raised by insurance companies. tioned by: A, defensible borders; and, B, who is trying to bring legislation out Mind you, even though we think this a division of Jerusalem along the lines to the floor of the Senate. The fact is is applicable just to large buildings, of that proposed by President Clinton that the majority leader, as a number football stadiums, or public places that at Camp David. of Senators, thinks there is a legiti- might be on a target list of terrorists, 2. A 5-year phaseout of Israeli settle- mate problem as a result of September just wait. We are going to see in neigh- ments in the West Bank and the Gaza 11 with regard to being able to insure borhoods that happen to be near a nu- Strip. This is a difficult pill to swallow, high-value structures in uncertain clear plant the rates for homeowner in- but it is also one that has to be done if times of terrorism. Therefore, to keep surance policies and automobile insur- there is going to be true peace and the the engines of commerce properly oiled ance policies jacked up; thus, all the

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2388 CONGRESSIONAL RECORD — SENATE April 9, 2002 more reason why we need to separate U.S. ENERGY POLICY We are at war, and we continue to the premium that applies just to the Mr. BUNNING. Mr. President, I rise face economic uncertainty. Energy is a terrorism risk, as well as cap it for the today to talk about the current state key factor in both of these struggles, initial rate increase to pay for the ter- of energy in our country. and this means that the Senate abso- rorism insurance. We desperately need an energy policy lutely must take a cold, hard look at There is a third protection of the that will address the future of our en- ANWR. consumer that must be included in any ergy use. Now is the time for Congress The issue is too important to play legislation the Congress passes, and to get serious about passing a com- games with. It is too important for pol- that is the prevention of redlining or, prehensive energy bill. itics. Our Nation and our security are in other words, the prevention of say- I believe that in order to make at risk. ing: I am going to give you terrorism progress on this energy bill we need to The rules have changed. We need to insurance, but I am not going to give balance conservation and production. stop playing around on this issue and you terrorism insurance. In other Many of us in the Senate understand to have a straight up or down vote on words, there has to be a mandatory ob- that a balanced, sensible energy policy ANWR: No bluffs, no posturing, who- ligation that all policies be able to must boost production of domestic en- ever has the most votes wins. have the terrorism coverage. ergy sources as well as promote con- ANWR is the most promising domes- Those three particular points of pro- servation. The energy bill before us tic source of energy that we have. I be- tection of the consumer must be in leg- takes good steps toward striking this lieve it is indispensable to helping re- islation that comes out of the Senate balance. duce our dependence on foreign oil. and was suggested by the White House I look forward to the tax ideas com- Of course there are some in the Sen- yesterday but with no details: Point ing from the Finance Committee that ate who are desperate to stop us from No. 1, separate the funds from an ac- will further promote conservation and opening up ANWR. However, with more counting standpoint so we know how the use of alternative fuels. than 10 billion barrels of oil recover- much is going in to the insurance com- However, I still believe that this bill able from ANWR, I think we all need to pany for the terrorism risk; No. 2, cap remains too weak on production. More take a clear-headed look at it. the amount initially that can be raised must be done to increase our domestic ANWR has the potential to produce until some experience can be built up production if the Senate is going to over 1 million barrels a day. That is and data is available to see if the rate pass serious energy legislation. In- enough oil to replace the volume we creasing our production of energy is being charged for the terrorism risk is currently import from Saudi Arabia or absolutely critical in reducing our de- actuarially sound; and, No. 3, have a Iraq for more than 25 years. The oil pendence on foreign oil. that could be recovered from ANWR requirement that there be the manda- Right now we depend upon foreign tory coverage of the terrorism risk so could fuel Kentucky’s oil needs for the nations and the Middle East for nearly next 80 years. that there cannot be cherry-picking, 60 percent of our country’s oil supply. saying: We will cover you, but we will Drilling in ANWR provisions in the As most of us know, gasoline prices energy bill would make a huge dif- not cover your policy. have been increasing for the past sev- Then the public of America would be ference for our domestic consumption eral weeks. This causes me serious con- and would amount to an essential step well served. cern especially since the upcoming I yield the floor. toward ensuring our national security. summer months are when so many We have no choice. We must lessen our The PRESIDING OFFICER. The Sen- families take to the road for their an- ator from Maine. reliance on Saddam Hussein and others nual vacation. in the Middle East for our oil by ex- Ms. COLLINS. Madam President, I There are many reasons that gasoline ploring ANWR. ask unanimous consent that I be per- prices are rising. One reason is that Today the United States produces mitted to proceed for 5 minutes. OPEC countries have cut their oil pro- less than we did in World War II. In The PRESIDING OFFICER. Without duction since the end of 2000 by a total 1970, our oil imports constituted only objection, it is so ordered. of 5 million barrels of oil per day. An- 17 percent of our domestic consump- Ms. COLLINS. I thank the Chair. other is the increasing volatility in the tion. That is three-and-a-half times (The remarks of Ms. COLLINS per- Middle East. taining to the introduction of S. 2077 Gasoline prices have increased more less than what we import today. This are located in today’s RECORD under than 25 cents in just the last few dangerous trend must be reversed. ‘‘Statements on Introduced Bills and weeks. Higher gas prices will place a Furthermore, recent advances in Joint Resolutions.’’) strain on the American families’ budg- technology will enable us to extract oil et. in ANWR in an environmentally sen- f They raise the cost of goods and serv- sitive way. ices, and place an even greater burden America’s environmental safeguards are the toughest in the world. This RECESS on our economy just as it is showing signs of life. means that the drilling operations will The PRESIDING OFFICER. Under The need to increase our own produc- be conducted under the most com- the previous order, the Senate stands tion of energy is especially true after prehensive environmental regulations. in recess until 2:15 p.m. Saddam Hussein’s announcement yes- We all want to protect our environ- Thereupon, the Senate, at 12:36 p.m., terday that Iraq will cut off oil exports ment. If we do not do a better job de- recessed until 2:15 p.m., and reassem- for the next month to protest Israel’s veloping domestic energy, we will con- bled when called to order by the Pre- actions on the West Bank. He is also tinue to rely on foreign oil, oil from siding Officer (Mr. DURBIN). calling for an OPEC embargo on all oil other nations. These nations have Mr. REID. I suggest the absence of a sales to America. weaker environmental rules than we quorum. Before this announcement, the do. Under these weaker safeguards, the The PRESIDING OFFICER. The United States indirectly imported damage to the environment will be clerk will call the roll. nearly 780,000 barrels of oil a day from even greater than if we use ANWR. The assistant legislative clerk pro- Iraq. Saddam’s threat pushed the price I also think that our domestic proceeded to call the roll. of oil and gas even higher. I think we duction should be increased through Mr. BUNNING. Mr. President, I ask need to ask ourselves whether we want the use of clean coal technology. I am unanimous consent the order for the to continue our dependence on other proud to come from a coal state. The quorum call be rescinded. countries led by people as dangerous energy bill provides a good start at in- The PRESIDING OFFICER. Without and unpredictable as Saddam Hussein. creasing research and development and objection, it is so ordered. Our national security has never been encouraging the use of clean coal tech- Mr. BUNNING. Mr. President, are we more important, and we must strength- nology. in morning business? en our energy independence to protect The proposed tax package will also The PRESIDING OFFICER. Yes, we ourselves from madmen like Hussein further increase incentives for the use are. and the politics of the Middle East. of clean coal technology. Clean coal is

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2389 important to increasing our domestic Landrieu/Kyl amendment No. 3050 (to the derivatives that are the intended energy production in an environ- amendment No. 2917), to increase the trans- target of her amendment. Like other mentally sensitive way. We have over fer capability of electric energy transmission metals, metals derivatives markets 275 billion tons of recoverable coal re- systems through participant-funded invest- help companies manage the risk of sud- ment. serves. This is nearly 30 percent of the Graham amendment No. 3070 (to amend- den and large price changes. world’s total coal supply. That is ment No. 2917), to clarify the provisions re- In recent years, derivatives and other enough coal to supply us with energy lating to the Renewable Portfolio Standard. so-called ‘‘hedging transactions’’ have for another 270 years. Reid amendment No. 3081 (to amendment helped the mining industry—especially Because of research advances, we now No. 2989), in the nature of a substitute. in the State of Nevada—cope with the have the know-how to better balance AMENDMENT NO. 3081 steadily declining gold price by selling conservation with the need for in- Mr. REID. Mr. President, I under- mining production forward. The last creased production. Let’s use this abil- stand that under the regular order we couple of years illustrate the function ity to come up with a good piece of en- would be on the Reid and Feinstein and the value in the marketplace of ergy legislation. amendments. such transactions. Yesterday’s announcement by Sad- The PRESIDING OFFICER. The Sen- Some companies decided not to dam Hussein should remind everyone ator is correct. hedge, betting that the gold price how vulnerable our economy and na- Mr. REID. Mr. President, I have spo- would rise and that hedging contracts tional security are to arbitrary deci- ken to the senior Senator from Cali- would lock them into below-market sions made by dangerous foreign dic- fornia. She is going to move to table prices. Most of these companies were tators. my amendment as soon as she com- hurt significantly because the gold For over two decades, we’ve hemmed pletes her remarks. I will, therefore, price stayed relatively low. and hawed about the need for America say just a few things. In contrast, other companies hedged to follow a sensible, long-term energy I, first of all, commend the Senator some or most of their production. strategy. If the threat of Saddam Hus- from California for her amendment and These companies have survived, and sein putting a gun to our head—again— for her work on this extremely difficult survived well, and some have even does not help us pass a bill, I do not issue dealing with derivatives regula- thrived. By choosing to manage their know what will. tion. risk, they accepted the risk that the I hope we are on our way to pro- To put this in proper perspective, I gold price could rise, but they sta- ducing a balanced comprehensive en- think we should look at the predica- bilized company performance, contin- ergy bill that increases production and ment in which Senator FEINSTEIN now ued to provide jobs, and continued to conservation and makes a difference finds herself. She represents 35 million contribute to the communities in Ne- for our national security. I hope that people, the largest State in the United vada where they are so important. we can move quickly to pass an energy States. This State’s gross domestic Unlike energy derivatives, which bill that will make our economy and product is larger than most nations. raise questions because of the recent national security stronger. The time is She knows specifically, but I think energy crisis, metal derivatives have now. California has the sixth or seventh I yield the floor. been traded over the counter for many The PRESIDING OFFICER. The Sen- largest gross national product in the years. The 2,000 amendments to the ator from Nevada. world. Commodity Exchange Act didn’t Mr. REID. Mr. President, are we on Last year’s energy crisis threatened change this; they only clarified and the energy bill at this time? California’s prosperity and brought confirmed the legality of these mar- The PRESIDING OFFICER. We are home to all of us that we are in un- kets. Lumping metal derivatives to- not. charted territory with regard to energy gether with energy derivatives would Mr. REID. Mr. President, I ask for deregulation. The State of Nevada ac- impose regulatory burdens that never the regular order. tually passed deregulation legislation. existed, even before the 2,000 amend- f I spoke to the legislature a year ago. ments, without any justification. Because of my suggestions and others, The amendment I have offered would NATIONAL LABORATORIES PART- they rescinded deregulation. But even not allow metals derivatives markets NERSHIP IMPROVEMENT ACT OF by that time certain things had been and participants to trade derivatives 2001 put in place. Nevada suffered, along without accountability and trans- The PRESIDING OFFICER. Under with California, with this energy crisis. parency. the previous order, the Senate will now Enron was the supposed leader in en- I hope, first of all, that my amend- resume consideration of S. 517, which ergy trading and markets. It makes me ment will be accepted. If there is a mo- the clerk will report. wonder how can we have a company tion to table, which I understand my The assistant legislative clerk read such as Enron in this country—a pub- friend is going to offer, I hope it will be as follows: licly owned company—that changes in defeated. A bill (S. 517) to authorize funding the De- 1 year from a high-flying, worldwide, The metal derivatives market has partment of Energy to enhance its mission mega company into a bankrupt loser. been going on for many years. I repeat areas through technology transfer and part- In the process, hundreds, if not thou- that unlike energy derivatives, which nerships for fiscal years 2002 through 2006, and for other purposes. sands, of people’s lives were ruined. We raise questions because of the recent have many congressional committees energy crisis, metal derivatives have Pending: now looking at what happened. A pros- been traded over the counter for many Daschle/Bingaman further modified years with absolutely no problem. My amendment No. 2917, in the nature of a sub- ecutor is also looking into criminal ac- stitute. tivities that probably took place. amendment is necessary to restore Feinstein modified amendment No. 2989 (to I think we all owe Senator FEINSTEIN metal derivatives trading to exempt amendment No. 2917), to provide regulatory a debt of gratitude for her interest in status, which is critical to the health oversight over energy trading markets and this issue and for the work in process of the mining industry. metals trading markets. to make changes to the Commodity Ex- Because of the low price of gold, the Kerry/McCain amendment No. 2999 (to change Act that will ensure trading mining industry has really struggled. amendment No. 2917), to provide for increased average fuel economy standards for and energy derivatives is done in the We have seen various articles, which I passenger automobiles and light trucks. open with transparency in a way that know the Presiding Officer is inter- Dayton/Grassley amendment No. 3008 (to inspires public confidence in the mar- ested in, which have indicated there is amendment No. 2917), to require that Federal ket. agreement that there needs to be a agencies use ethanol-blended gasoline and The amendment I have offered, and change in the 1872 mining law, which biodiesel-blended diesel fuel in areas in which she is going to move to table, has absolutely nothing to do with what which ethanol-blended gasoline and bio- would restore metal derivatives trad- I am talking about. But the mining in- diesel-blended diesel fuel are available. Lott amendment No. 3028 (to amendment ing to exempt commodity status. Sen- dustry has agreed that we need to go No. 2917), to provide for the fair treatment of ator FEINSTEIN’s amendment inadvert- forward with that. At a National Min- Presidential judicial nominees. ently included metals derivatives with ing Association meeting, Jack Gerard

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2390 CONGRESSIONAL RECORD — SENATE April 9, 2002 stated in the papers over the weekend ‘‘(A) IN GENERAL.—Except as provided in of the Federal Energy Regulatory Commis- that he agrees there should be changes. paragraph (6), a person or group of persons sion to regulate transactions under the Fed- That is something which we have ac- that constitutes, maintains, administers, or eral Power Act (16 U.S.C. 791a et seq.) or the knowledged and recommended and provides a physical or electronic facility or Natural Gas Act (15 U.S.C 717 et seq.). system in which a person or group of persons ‘‘(6) APPLICABILITY.—This subsection does have worked on for a number of years. has the ability to offer, execute, trade, or not apply to— The Presiding Officer worked with us confirm the execution of an agreement, con- ‘‘(A) a designated contract market regu- on this. tract, or transaction (including a trans- lated under section 5; or I hope with the many legislative action described in section 2(g)) (other than ‘‘(B) a registered derivatives transaction things we have to do that we can move an agreement, contract, or transaction in an execution facility regulated under section forward on this in a way that would excluded commodity), by making or accept- 5a.’’. bring about some stability to the mining the bids and offers of 1 or more partici- (c) CONTRACTS DESIGNED TO DEFRAUD OR pants on the facility or system (including fa- MISLEAD.—Section 4b of the Commodity Ex- ing industry. I look forward to working cilities or systems described in clauses (i) change Act (7 U.S.C. 6b) is amended by strik- with not only the Presiding Officer but and (iii) of section 1a(33)(B)), may offer or ing subsection (a) and inserting the fol- also with the manager of this bill, Sen- may allow participants in the facility or sys- lowing: ator BINGAMAN. tem to enter into, enter into, or confirm the ‘‘(a) PROHIBITION.—It shall be unlawful for any member of a registered entity, or for any AMENDMENT NO. 3081, AS MODIFIED execution of any agreement, contract, or transaction under paragraph (1) (other than correspondent, agent, or employee of any Mr. REID. Mr. President, I send a an agreement, contract, or transaction in an member, in or in connection with any order modification to the desk. excluded commodity) only if the person or to make, or the making of, any contract of The PRESIDING OFFICER. The group of persons meets the requirement of sale of any commodity in interstate com- clerk will report. subparagraph (B). merce, made, or to be made on or subject to The assistant legislative clerk read ‘‘(B) REQUIREMENT.—The requirement of the rules of any registered entity, or for any as follows: this subparagraph is that a person or group person, in or in connection with any order to of persons described in subparagraph (A) make, or the making of, any agreement, The Senator from Nevada [Mr. REID] pro- shall— transaction, or contract in a commodity sub- poses an amendment numbered 3081 to ‘‘(i) provide notice to the Commission in ject to this Act— amendment No. 2989, as modified. such form as the Commission may specify by ‘‘(1) to cheat or defraud or attempt to Mr. BINGAMAN. Mr. President, I ask rule or regulation; cheat or defraud any person; unanimous consent that reading of the ‘‘(ii) file with the Commission any reports ‘‘(2) willfully to make or cause to be made amendment be dispensed with. (including large trader position reports) that to any person any false report or statement, The PRESIDING OFFICER. Without the Commission requires by rule or regula- or willfully to enter or cause to be entered objection, it is so ordered. tion; any false record; ‘‘(iii) maintain sufficient capital, commen- ‘‘(3) willfully to deceive or attempt to de- The amendment (No. 3081), As Modi- surate with the risk associated with the ceive any person by any means; or fied, is as follows: transaction, as determined by the Commis- ‘‘(4) to bucket the order, or to fill the order At the end of the amendment add the fol- sion; by offset against the order of any person, or lowing: ‘‘(iv)(I) consistent with section 4i, main- willfully, knowingly, and without the prior DIVISION ll—MISCELLANEOUS tain books and records relating to each consent of any person to become the buyer in transaction in such form as the Commission respect to any selling order of any person, or TITLE I—ENERGY DERIVATIVES may specify for a period of 5 years after the to become the seller in respect to any buying SEC. ll1. JURISDICTION OF THE COMMODITY date of the transaction; and order of any person.’’ FUTURES TRADING COMMISSION ‘‘(II) make those books and records avail- (d) CONFORMING AMENDMENTS.—The Com- OVER ENERGY TRADING MARKETS. able to representatives of the Commission modity Exchange Act is amended— (a) FERC LIAISON.—Section 2(a)(8) of the and the Department of Justice for inspection (1) in section 2 (7 U.S.C. 2)— Commodity Exchange Act (7 U.S.C. 2(a)(8)) is for a period of 5 years after the date of each (A) in subsection (h)— amended by adding at the end the following: transaction; and (i) in paragraph (1), by striking ‘‘paragraph ‘‘(C) FERC LIAISON.—The Commission ‘‘(iv) make available to the public on a (2)’’ and inserting ‘‘paragraphs (2) and (7)’’; shall, in cooperation with the Federal En- daily basis information on volume, settle- and ergy Regulatory Commission, maintain a li- ment price, open interest, opening and clos- (ii) in paragraph (3), by striking ‘‘para- aison between the Commission and the Fed- ing ranges, and any other information that graph (4)’’ and inserting ‘‘paragraphs (4) and eral Energy Regulatory Commission.’’. the Commission determines to be appro- (7)’’; and (b) EXEMPT TRANSACTIONS.—Section 2 of priate for public disclosure, except that the (B) in subsection (i)(1)(A), by striking ‘‘sec- the Commodity Exchange Act (7 U.S.C. 2) is Commission may not— tion 2(h) or 4(c)’’ and inserting ‘‘subsection amended— ‘‘(I) require the real time publication of (h) or (j) or section 4(c)’’; (1) in subsection (h), by adding at the end proprietary information; or (2) in section 4i (7 U.S.C. 6i)— the following: ‘‘(II) prohibit the commercial sale of real (A) by striking ‘‘any contract market or’’ ‘‘(7) APPLICABILITY.—This subsection does time proprietary information. and inserting ‘‘any contract market,’’; and not apply to an agreement, contract, or ‘‘(3) REPORTING REQUIREMENTS.—On request (B) by inserting ‘‘, or pursuant to an ex- transaction in an exempt energy commodity of the Commission, an eligible contract par- emption under section 4(c)’’ after ‘‘trans- described in section 2(j)(1).’’; and ticipant that trades on a facility or system action execution facility’’; (2) by adding at the end the following: described in paragraph (2)(A) shall provide to (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by ‘‘(j) EXEMPT TRANSACTIONS.— the Commission, within the time period striking ‘‘section 2(h)’’ and inserting ‘‘sub- ‘‘(1) TRANSACTIONS IN EXEMPT ENERGY COM- specified in the request and in such form and section (h) or (j) of section 2’’; MODITIES.—An agreement, contract, or trans- manner as the Commission may specify, any (4) in section 5b (7 U.S.C. 7a–1)— action (including a transaction described in information relating to the transactions of (A) in subsection (a)(1), by striking ‘‘2(h) section 2(g)) in an exempt energy commodity the eligible contract participant on the facil- or’’ and inserting ‘‘2(h), 2(j), or’’; and shall be subject to— ity or system within 5 years after the date of (B) in subsection (b), by striking ‘‘2(h) or’’ ‘‘(A) sections 4b, 4c(b), 4o, and 5b; any transaction that the Commission deter- and inserting ‘‘2(h), 2(j), or’’; and ‘‘(B) subsections (c) and (d) of section 6 and mines to be appropriate. (5) in section 12(e)(2)(B) (7 U.S.C. sections 6c, 6d, and 8a, to the extent that ‘‘(4) TRANSACTIONS EXEMPTED BY COMMIS- 16(e)(2)(B)), by striking ‘‘section 2(h) or 4(c)’’ those provisions— SION ACTION.—Any agreement, contract, or and inserting ‘‘subsection (h) or (j) of section ‘‘(i) provide for the enforcement of the re- transaction described in paragraph (1) (other 2 or section 4(c)’’. quirements specified in this subsection; and than an agreement, contract, or transaction SEC. ll2. RECRUITMENT AND RETENTION OF ‘‘(ii) prohibit the manipulation of the mar- in an excluded commodity) that would other- QUALIFIED PERSONNEL AT THE ket price of any commodity in interstate wise be exempted by the Commission under COMMODITY FUTURES TRADING commerce or for future delivery on or subsection 4(c) shall be subject to— COMMISSION. ject to the rules of any contract market; ‘‘(A) sections 4b, 4c(b), 4o, and 5b; and (a) IN GENERAL.—Section 2(a)(6) of the ‘‘(C) sections 6c, 6d, 8a, and 9(a)(2), to the ‘‘(B) subsections (c) and (d) of section 6 and Commodity Exchange Act (7 U.S.C. 2(a)(6)) is extent that those provisions prohibit the ma- sections 6c, 6d, 8a, and 9(a)(2), to the extent amended by adding at the end the following: nipulation of the market price of any com- that those provisions prohibit the manipula- ‘‘(G) PERSONNEL MATTERS.— modity in interstate commerce or for future tion of the market price of any commodity ‘‘(i) IN GENERAL.—The Chairman may ap- delivery on or subject to the rules of any in interstate commerce or for future delivery point and fix the compensation of any offi- contract market; on or subject to the rules of any contract cers, attorneys, economists, examiners, and ‘‘(D) section 12(e)(2); and market. other employees that are necessary in the ‘‘(E) section 22(a)(4). ‘‘(5) NO EFFECT ON OTHER FERC AUTHORITY.— execution of the duties of the Commission. ‘‘(2) BILATERAL DEALER MARKETS.— This subsection does not affect the authority ‘‘(ii) COMPENSATION.—

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2391 ‘‘(I) IN GENERAL.—Rates of basic pay for all guished Senator from Nevada has done, Hunts began accumulating silver back employees of the Commission may be set and which is essentially to eliminate met- in 1973, the price was in the $1.95 an adjusted by the Chairman without regard to als from the derivatives amendment ounce range. Early in 1979, the price the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. that is now pending. It is a second-de- was about $5. In late 1979, early 1980, ‘‘(II) ADDITIONAL COMPENSATION.—The gree amendment. It would continue the the price was $50, peaking at $54. Chairman may provide additional compensa- exemption for metals. Once the silver market was cornered, tion and benefits to employees of the Chair- I want to go into three cases and why outsiders joined the chase. But a com- man if the same type and amount of com- I believe metals should be included. bination of changed trading rules on pensation or benefits are provided, or are au- The first is the case called the New York Metals Market, COMEX, thorized to be provided, by any other Federal Sumitoma. It goes back to 1996. After and the intervention of the Federal Re- agency specified in section 1206 of the Finan- nearly a year of complaints by market serve put an end to the game. The price cial Institutions Reform, Recovery, and En- participants and regulated markets, forcement Act of 1989 (12 U.S.C. 1833b). began to slide. It culminated in a 50- ‘‘(III) COMPARABILITY.—In setting and ad- Sumitoma copper trading irregular- percent 1-day decline on March 27, 1980, justing the total amount of compensation ities ended up with the company losing as the price plummeted from $21.62 to and benefits for employees under this sub- a reported $4 billion and their main $10.80. paragraph, the Chairman shall consult with, copper trader pleading guilty to the The collapse of the silver market and seek to maintain comparability with, Japanese equivalent of market manip- meant countless losses for speculators. any other Federal agency specified in section ulation. The company is paying record The Hunt brothers declared bank- 1206 of the Financial Institutions Reform, fines to the United States and British ruptcy. By 1987, their liabilities had Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b).’’. regulatory authorities. grown to nearly $2.5 billion against as- (b) CONFORMING AMENDMENTS.— Sumitoma manipulation efforts oc- sets of $1.5 billion. And in August of (1) Section 3132(a)(1) of title 5, United curred in the over-the-counter and cash 1988, the Hunts were convicted of con- States Code, is amended— markets. Although observed by market spiring to manipulate the market. (A) in subparagraph (C), by striking ‘‘or’’; participants and markets, the Com- This is the point. These things have (B) in subparagraph (D), by adding ‘‘or’’ at modity Futures Trading Commission— happened. These are three big metals the end; and the CFTC—was nearly powerless to do cases. What we say is, put them within (C) by adding at the end the following: ‘‘(E) the Commodity Futures Trading Com- anything about it without the consent the Commodity Futures Trading Com- mission.’’. of the British regulator. mission antifraud and antimanipula- (2) Section 5316 of title 5, United States In the 30 days following the May 17, tion commission. Why give online trad- Code, is amended— 1996, collapse, the market dropped by ing platforms exemptions from trans- (A) by striking ‘‘General Counsel, Com- nearly 60 cents per pound—from $1.30 to parency? Why allow a commodity that modity Futures Trading Commission.’’; and 70 cents by the middle of June. isn’t being delivered from me to you (B) by striking ‘‘Executive Director, Com- In just the 8 months prior to the col- but traded back and forth to have no modity Futures Trading Commission.’’. lapse, U.S. consumers were over- (3) Section 5373(a) of title 5, United States transparency of any of these trades so Code, is amended— charged by nearly $2.5 billion in copper that no one can find an audit trail, no (A) in paragraph (2), by striking ‘‘or’’ at purchases because of the Sumitoma one can find the records, and no one the end; trader’s manipulation. can ever know what really happened? (B) by redesignating paragraph (3) as para- Once again, had the CFTC had the At the end of my remarks, I will graph (4); and authority—just modest authority—in move to table the Reid amendment. (C) by inserting after paragraph (2) the fol- our amendment, this fraud could have I will briefly talk about the energy lowing: been detected and dealt with much ear- derivatives amendment cosponsored by ‘‘(3) section 2(a)(6)(G) of the Commodity Exchange Act.’’. lier and without such a devastating Senators FITZGERALD, CANTWELL, (4) Section 1206 of the Financial Institu- economic impact. WYDEN, CORZINE, LEAHY, and BOXER, tions Reform, Recovery, and Enforcement We are simply including the anti- and the Presiding Officer. I am very Act of 1989 (12 U.S.C. 1833b) is amended by in- fraud and antimanipulation provision grateful for your support. serting ‘‘the Commodity Futures Trading of the CFTC, and applying it also to Our amendment is currently sup- Commission,’’ after ‘‘the Farm Credit Ad- metals as well as energy. ported by the National Rural Electric ministration, ’’. Let me cite a second one having to do Cooperative Association, the Deriva- SEC. ll3. JURISDICTION OF THE FEDERAL EN- with the Metalgeselschaft collapse in tives Study Center, the Sierra Club, ERGY REGULATORY COMMISSION OVER ENERGY TRADING MARKETS. 1993. This company was known as MG. the American Power Association, the Section 402 of the Department of Energy It was once a preeminent metals and American Public Gas Association, the Organization Act (42 U.S.C. 7172) is amended energy trader. It collapsed in late 1993, Texas Independent Petroleum Royalty by adding at the end the following: losing billions of dollars, costing thou- Owners Association, the Mid-American ‘‘(i) JURISDICTION OVER DERIVATIVES sands of employees their jobs, and en- Energy Holdings Company, the New TRANSACTIONS.— dangering the energy marketplace. York Mercantile Exchange, the Cali- ‘‘(1) IN GENERAL.—To the extent that the Commission determines that any contract After the collapse, analysis showed fornia Municipal Utilities Association, that comes before the Commission is not that MG’s derivative positions, over the United States Public Interest Re- under the jurisdiction of the Commission, the counter, in combination with the search Group, the Consumers Union, the Commission shall refer the contract to faulty strategy, contributed to the col- the Consumers Federation of America, the appropriate Federal agency. lapse. If the Commodity Futures Trad- the Apache Corporation, Calpine, ‘‘(2) MEETINGS.—A designee of the Commis- ing Commission, the CFTC, had at that Southern California Edison, Pacific sion shall meet quarterly with a designee of the Commodity Futures Trading Commis- time the authority contained in our Gas and Electric, the Silver Users As- sion, the Securities Exchange Commission, amendment to monitor large trader po- sociation—interestingly enough, they the Federal Trade Commission, and the Fed- sitions and ensure adequate net cap- are concerned; they want metals in eral Reserve Board to discuss— ital, the debacle could likely have been this amendment—the Commodity Fu- ‘‘(A) conditions and events in energy trad- avoided. It certainly would have been tures Trading Commission’s Commis- ing markets; and detected far before the collapse oc- sioner Tom Erickson, and all four Com- ‘‘(B) any changes in Federal law (including curred. That is point 2. These are ac- missioners of the Federal Energy Regu- regulations) that may be appropriate to reg- tual cases that have taken place. latory Commission, including its ulate energy trading markets. Point 3: The Hunt brothers and the Chairman, Pat Wood. ‘‘(3) LIAISON.—The Commission shall, in cooperation with the Commodity Futures silver bubble. In 1979, the sons of patri- Because of this support, the amend- Trading Commission, maintain a liaison be- arch H.L. Hunt, Nelson Bunker and ment has been filibustered by certain tween the Commission and the Commodity William Herbert, together with some Senators who don’t want to see it come Futures Trading Commission.’’. wealthy Arabs, formed a silver pool. In to a vote. The amendment has now The PRESIDING OFFICER. The Sen- a short period of time they had been on the floor for more than a ator from California. amassed more than 200 million ounces month. The leadership was forced to Mrs. FEINSTEIN. Mr. President, I of silver, equivalent to half of the file cloture last night to try to bring very much appreciate what the distin- world’s deliverable supply. When the this to a conclusion.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2392 CONGRESSIONAL RECORD — SENATE April 9, 2002 Some of the opponents continue to fraud and manipulation. I don’t think a result of the Enron exemption, there argue that this amendment is too com- this is confusing at all. Either we are is not enough transparency to know. plicated for them to understand. I once going to require energy trades to be Our amendment does not affect fi- again explain very simply what our transparent or we are going to con- nancial instruments at all. We have amendment does. The amendment pro- tinue to support loopholes, allowing cleared that up. Financial derivatives vides antifraud and antimanipulation some energy trading to be done in the already have a statutory exclusion authority to the Commodity Futures dark of night. under the Commodities Exchange Act. Trading Commission for all energy I want to point out that on this sim- Our amendment only deals with deriva- trades and metals where there is no ple proposal, just to close loopholes in tive transactions that involve energy physical delivery. the energy and metals markets, we or metal, the two commodities exempt- If I buy energy from you, Mr. Presi- have now spent 31⁄2 hours more of deed by the 2000 CFMA. dent, and you deliver that energy di- bate than this body spent considering This lack of transparency had impor- rectly to me, the Federal Energy Regu- the entire Commodity Futures Mod- tant ramifications for the energy crisis latory Commission has oversight— ernization Act of 2000—that’s right, 31⁄2 experienced in California and the West, antifraud, antimanipulation over- hours more debate than was spent on which ended only about 10 months ago. sight—and you must keep records; I the entire Commodity Futures Mod- This is what got me interested in this must keep records. ernization Act. matter. As a result, we still don’t know But if there is no delivery—if I buy The Senate did not spend 1 minute why gas prices at the California border an energy swap, for instance, to lock in debating the Commodity Futures Mod- remained significantly higher than a set price and protect myself from ernization Act—one of the most sweep- neighboring States for more than 5 risk—the CFTC does not have over- ing regulatory revisions in several dec- months. Why don’t we know? There is sight, if I use an electronic trading ex- ades. And the loophole for Enron just no transparency; there is no audit change. That is the rub. The electronic went through. Yes, the Senate Agri- trail; there are no records. It is impos- trading exchange is exempted. If we go culture Committee held hearings and sible to prove what kind of trading through the Chicago Mercantile, we are completed a markup of the Senate back and forth was done, frankly, to not exempted. If we go through New version of the CFMA on June 29, 2000; increase the price of gas. York, we are not exempted. But an on- but that is where the process stopped Some have asserted that the CFTC line trading platform has no trans- in the Senate. already has antifraud authority for parency for a derivative not delivered. At the last minute, Enron lobbied the over-the-counter trades. If this author- In fact, the CFTC may not even be House for an exemption for energy and ity is already there, then our amend- able to investigate fraud or manipula- metals trading. This is what appeared ment reaffirms that the authority is tion if the exchange was operated, like in the appropriations bill for the De- there. But this is not as easy to deter- Enron Online, where Enron was both a partment of Labor and Health and mine as one might think. buyer and a seller. This is what is Human Services at the very end of the Let me read two short paragraphs known as a bilateral dealer market. If 106th Congress. And this was incon- that show you what I mean. This is Enron Online or another company op- sistent with what the Senate Agri- from the International Swaps and De- erating a bilateral dealer market want- culture Committee marked up in re- rivatives Association: ed to manipulate prices and/or corner gard to energy and metal. Transactions involving exempt commod- the market, regulators might very well The amendment we are debating is ities, including commodities such as energy be helpless to investigate. consistent with the bill that Senator products, chemicals, and metals, are simi- Since more than 90 percent of energy LUGAR and the Agriculture Committee, larly excluded from the Commodity Ex- trades do not involve delivery, and which he chaired, marked up. What the change Act and remain subject to the since other electronic exchanges are CFTC’s antifraud and antimanipulation au- Agriculture Committee passed was con- now emulating the Enron model, there thority. sistent with the recommendations is a huge loophole here. I will predict spelled out in the November 1999 Presi- Then they put out another publica- that some of these go down just as dent’s working group, signed by Fed tion, which is the March 11 opposition Enron did. letter to our amendment, and they say Our amendment closes that Enron Chairman Alan Greenspan, Treasury Secretary Larry Summers, SEC Chair- exactly the opposite. They say: loophole and makes sure the CFTC has The amendment extends the application of full antifraud, antimanipulation au- man Art Leavitt, and CFTC Chairman William Rainer. That report asserted the CFTC’s antifraud and antimanipulation thority over all energy trades where provisions to transactions in exempt com- there is no delivery. that there should be two categories of modities. The amendment would revise the The amendment also subjects all derivatives—financial derivatives and Commodity Exchange Act, section 2(g), to dealer markets selling energy and met- everything else. There was no reason provide that otherwise exempt transactions als derivatives online, including Enron that metal or energy or any other tan- in exempt commodities would be subject to Online, Dynegy Direct, Aquila, to simi- gible, finite commodity should be enti- antifraud and antimanipulation provisions of lar requirements as other nonelec- tled to its own category. the Commodity Exchange Act. tronic exchanges. This means these ex- So what we are doing in our amend- So maybe the authority is there and changes would have to file with the ment is entirely consistent with that maybe it is not. If our amendment CFTC, provide some price transparency report. In regard to the electronic trad- passes, we know for sure that it is. We and price disclosure, and maintain cap- ing platforms, we simply return things take the vagary out of it, we take the ital commensurate with risk—all the to the way they were before the Presi- game playing out of it, and the same things that Enron Online did not do dent’s working group affirmed that we party cannot say different things at and did not have to do because of the were doing it right. By that standard, different times. That is really why this 2000 Commodity Futures Modernization this amendment has been subjected to amendment is necessary. Act which provided Enron this loop- intense scrutiny and infinitely more So that means if someone is cor- hole. How convenient. debate than the comprehensive regu- nering the market in energy or met- Someone buys energy not on an ex- latory legislation adopted in 2000. als—or maybe in natural gas, as many change; let’s say they pick up the Before the recess, at the end of the suspect Enron did—the CFTC will have phone and buy an energy derivative, last floor debate, my colleague from the necessary tools to investigate. And but there is no delivery. The trans- Idaho asked—I think facetiously—why 99 times out of 100, the CFTC will find action is subject only to antifraud and we did not simply try to provide anti- that there is nothing improper. But antimanipulation authority. So if you fraud and antimanipulation authority isn’t it good to know that regulators are trading energy derivatives on an for all transactions, not just energy can provide assurance that markets are electronic trading platform, that ex- and metals. Let me point out that our functioning properly? Isn’t that what change is regulated just as other ex- bill affects about 2 percent of the deriv- gives people confidence to invest, that changes. ative market that deals with energy they know there is regulation and that If you are not using an exchange, the and metals. We actually don’t know if these markets are performing effi- CFTC can investigate allegations of it is 1 percent or 3 percent because as ciently and with transparency?

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2393 I want to make one final point about The PRESIDING OFFICER (Mr. CAR- regulation and without oversight. That Enron. As I said before, Enron Online PER). Without objection, it is so or- is exactly where they wanted to play. operated completely outside of the dered. They wanted to get out from the public CFTC’s antifraud and antimanipula- Mrs. FEINSTEIN. Mr. President, I eye. They did not want people to see tion authority because it was operating move to table the Reid amendment. what they were doing. They wanted to an online trading forum to conduct Mr. REID. I ask for the yeas and manage their own affairs without scru- trades bilaterally, one to one, where it nays. tiny, without oversight, without the was both a buyer and a seller. In other The PRESIDING OFFICER. The mo- restrictions of regulations and laws. words, Enron was buying energy and tion to table is not in order until the The Senator from California has a selling energy, and only Enron knew expiration of the controlled time. very simple proposition: If we want to the price. Enron could have been buy- Mr. REID. Mr. President, I ask unan- restore the integrity of many corporate ing at one price and selling at a much imous consent that the Senator from activities, we should establish stand- higher price. Because there was no California be allowed to offer her mo- ards for oversight and regulation. We transparency and no oversight author- tion to table at this time. That way now know better when it comes to ity, we may never know. she will not have to stay around if she Enron. Had there been appropriate Other companies now have stepped does not want to. The vote will occur oversight and regulation at Enron, we up to fill Enron’s market void. Some of on the motion to table at 3:45 p.m. might have avoided the disaster that these energy trading platforms are op- The PRESIDING OFFICER. Without occurred in that company. erating the same way Enron Online objection, it is so ordered. As she offers this amendment, there did. The Senator from Illinois. are special interest groups that oppose Do any of my colleagues truly believe Mr. DURBIN. Mr. President, I rise in her. There are those trading without that we should be limiting trans- support of Senator FEINSTEIN’S motion Government oversight who do not want parency and regulatory authority in to table the Reid amendment. Let me the Government involved. So they are light of all we have just learned about say at the outset, when she came to me going to oppose her. The smoothies out the energy markets and Enron? I think with this concept, it struck me as not there, the future Enrons, that want to not. So this amendment is really on only fair but good policy. How did we use the current system to avoid regula- the side of the angels. It gives cer- get into this mess with the seventh tion are opposed to the amendment of tainty, it provides for antifraud, largest corporation in the United the Senator from California as well. antimanipulation oversight; it says the States going bankrupt and dragging They want to have this mechanism CFTC must set some capitalization down with it thousands of innocent in- available to them. That, frankly, is the reason why the standards based on risk, and it provides vestors, pensioners at Enron, not to Senate should take this amendment that all trades are transparent, records mention the employees who lost jobs, are kept, and audit trails are available. very seriously and why we should join or the employees that other companies, the Senator from California in tabling I know why the banks oppose this. like Andersen which is based in Chi- Because they want to do the same the amendment of the Senator from cago, who stand to lose their jobs. Nevada. There is no reason why we thing Enron has done. The banks have It all came about because the folks in set up their own online trading plat- should exempt metals. Why in the Houston who worked for Enron Cor- world would we say when it comes to form which, again, would trade in poration tried to take as many busi- darkness, which, again, for nondeliv- energy we want honest, open, trans- ness activities as possible off the parent trading, but when it comes to ered derivatives would have no trans- books. They did not want the world to parency, have no record, have no cap- metals and their derivatives, we do see what was going on behind the cor- not? We heard the litany that was read ital requirements, and no antifraud and porate boardroom doors at Enron. The antimanipulation oversight. I believe by the Senator from California when greatest fear they had was daylight, companies came in and tried to take there are more Enrons coming down. I the possibility that people would know believe there are going to be more just control of markets. For the average what they were doing. So they created person going to work every day, you on this very point. these elaborate pyramid schemes. They What I am saying to the Senate is wonder: What difference does it make? created a multitude of corporations. the Senate has to protect the people. It does make a difference. It makes a They hid debt. They managed to, in The Senate has to provide for regula- difference in the commodities they many ways, deceive some well-meaning tion. Why should there be regulation of purchase. If there is some illegal activ- people into believing they were a pros- the Nasdaq? Why should there be regu- ity, if there is some inflation of price, perous and profitable corporation. One lation on the Chicago Mercantile and it is going to be felt by consumers and of the instruments and weapons they no regulation online? It is a huge loop- businesses across America and around used in this battle was this whole no- hole, and we ought to plug it. the world. tion of trading in energy futures, en- Mr. President, I move to table—— When Senator FEINSTEIN comes to us Mr. REID. Will the Senator with- ergy derivatives without Government and says, Table the amendment of the hold? oversight. Senator from Nevada, Mr. REID, I think Mrs. FEINSTEIN. I will. I live in the State of Illinois. We are she is moving in the right direction. Mr. REID. I appreciate the Senator proud of the fact we have many mar- We need more transparency and more withholding. I ask that the Senator lis- kets in the State of Illinois which aver- oversight. ten to the unanimous consent request I age people and businesses use to trade If you buy the premise of Senator am going to propound and see if she futures, derivatives, and options that REID that metals should be exempt or will agree with it. I think it will be in give them protection in their business you buy the premise of those who op- keeping with what she wants. day world. But every step of the way in pose Senator FEINSTEIN’S amendment, Mr. President, I ask unanimous con- that process the Government keeps an which I am cosponsoring, who say we sent that the time until 3:45 p.m. today eye on them, just as it does the stock should not have this Government over- be for debate prior to vote in relation exchange in New York and in other sight, how do you rationalize the mil- to the Reid second-degree amendment places around the United States. Why? lions of dollars we spend every year as No. 3081, with the time equally divided So the average person who picks up taxpayers for watchdogs and policemen and controlled between Senators REID that financial page in the paper every to keep an eye on so many other indus- and FEINSTEIN, or their designees; that morning and looks at it knows it is on tries where there is trading? Listen, no other amendment be in order prior the square, the trade actually took one is right and one is wrong. to a vote in relation to the Reid place, the prices are actually moving If we believe there should not be Gov- amendment. in these commodities. ernment oversight, let the Wild West The Senator could move to table now What we saw with Enron is that they prevail—there may be some who take as she indicated she would, and the raced away from those markets where that point of view. I am not one of vote will occur at 3:45 p.m. the Government was looking over the them. It is tough for me as an indi- Mrs. FEINSTEIN. I have no problem. shoulders of the traders into this neth- vidual; it is tough for many small busi- I agree. erworld, if you will, of trading without nesses to judge whether there is an

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2394 CONGRESSIONAL RECORD — SENATE April 9, 2002 honest transaction taking place and How much oil is involved? They talk goodness’ sake, I think 3 or 4 percent of that is why the Government steps in. in terms of millions and billions. But all the electricity generated in Amer- They want to make sure that when put it in this perspective: Over a 10- ica comes from renewable fuels. When there is a transaction reported, it actu- year period of time, if we draw from Senator JEFFORDS of Vermont wanted ally took place, that there was not self- ANWR, the oil that the U.S. Geological to raise this to 20 percent over a 20- dealing, there was not the kind of chi- Survey says is there will account for a year period of time, I was ready to sup- canery as we saw in Houston with 6-month supply of oil for the United port him and was a cosponsor, but he Enron. That is why we have these regu- States in that 10-year period. Put it in did not have a chance. We lost. latory agencies. this perspective as well: By the year But we will show courage by drilling The Senator from California is cor- 2020, if ANWR were in full production, in the Arctic National Wildlife Refuge rect; we should apply that to energy ANWR would reduce our importation of and we will show courage in standing and metal derivatives. There is no rea- foreign oil from 62 percent of our na- behind the special interest groups that son to make exceptions. I can tell you tional need to 60 percent, a 2-percent want to stop Senator FEINSTEIN from what is going on—and I know the Sen- reduction. bringing transparency and regulation ator is aware of this. What she is fight- Some have said it takes a great deal to the trading in energy derivatives. ing is growing in size and volume of political courage to stand up for I am afraid this energy bill is going across the world. These unregulated drilling in the Arctic National Wildlife in the wrong direction if we do not in- online markets are starting to appear Refuge on behalf of the oil companies clude in it fuel efficiency, fuel econ- everywhere, and woe be to the con- that own those rights for minerals to omy, conservation, renewable fuels, sumer or those involved who go into be derived. I am not sure it takes a and a sensible pricing of energy. Look them believing the Government is great deal of courage. Does it take a at what happened in the State of Cali- watching what is going on. In many in- great deal of courage for us to spoil the fornia. I cannot imagine what life is stances, there is no oversight; there is frontier of a wildlife refuge, to endan- like for the Senator, going home every no review; there is no accountability. ger species that currently live there weekend to see families and businesses I stand not only as a cosponsor of the and may never be replicated? That does trying to cope with something totally amendment of the Senator from Cali- not take a great deal of courage. beyond their control. They responded fornia but in strong support of the Sen- The courage is in standing up and heroically showing that they could, if ator from California. protecting them. The courage is in say- I close by saying I sincerely hope we challenged, dramatically conserve ening if you want to do something about adopt this amendment. This started off ergy in the State of California. The energy security and independence, if as a debate on an energy bill. It cer- Senator must have felt like the most you want to try to break the chains be- tainly is a timely debate, but as I have helpless victim in America because tween the Mideast and the United listened to this debate transpire, as I these energy companies were running have watched special interest groups States so we can make our own deci- circles around her. come in and destroy every meaningful sions and not have to wait for a nod of When the Senator says they ought to and credible part of this bill, I am be- approval from Saudi Arabia and the be held accountable, these energy com- ginning to believe this is the most ane- gulf states, the courage is in saying to panies and energy derivative markets mic energy bill ever considered by Con- the American people we have to change ought to have government regulation, gress. the way we do business and live in they are the first ones to scream Consider for a minute that we are America. bloody murder. They cannot stand that about to embark on a debate as to We had a chance to do that several notion. The Senator is right. She ought whether or not to drill for oil in the weeks ago. What we were going to do— to proceed on that, and I am happy to Arctic National Wildlife Refuge. This here is a radical suggestion—we were support her in that effort. wildlife refuge was not created by any going to say to the big three auto- Mrs. FEINSTEIN. Will the Senator liberal President; it was created by makers, they have to make their cars yield? President Dwight Eisenhower in 1960. and trucks more fuel efficient. Oh, no, Mr. DURBIN. I am happy to yield. He said: There is a piece of Alaska we the Senate said, by almost a margin of Mrs. FEINSTEIN. I mentioned in my ought to protect. It is a frontier we two-to-one, we could not do anything remarks what really kind of clued me ought to preserve because we may that radical. We could not do anything on to this was the price of natural gas. never get that chance again, and when that demands that kind of sacrifice, no Right after CFMA passed, we noticed it comes to the wildlife, when it comes way. the price of gas at the southern Cali- to the resources there, we ought to We are going to show courage by fornia border was $50 a decatherm—a make certain that America takes a drilling in a wildlife refuge. The Porcu- decatherm is about enough for 900 stand and says we are going to leave pine caribou do not vote in the Senate. homes—whereas in San Juan, NM, it this for future generations in per- They do not elect anybody. Run them was $8, and the transportation cost was petuity. This is our legacy to our chil- off. We have lost 30 percent of them in $1. Nobody knew why it had spiked dren. the last 10 years, so if they disappear, that way. President Eisenhower was right. we will show our kids pictures and vid- So I picked up the phone. I called What President Eisenhower did not an- eos. But to ask the Big Three to come what is called ISO, the independent ticipate was that the oil companies up with more fuel-efficient cars and system operator, and said: Why is gas would come into this region, discover trucks, oh, no, no way. spiking this way? They did not know. what they consider to be substantial The special interests swamped those Now I do not know whether Enron reserves, put their money interests be- of us who believe fuel efficiency should was doing this or not, but as soon as hind those reserves, and then come to be part of our debate on our energy se- Enron went belly up, the next day the Congress and start twisting arms in curity. We did not have a chance in the price of gas dropped dramatically. So it every direction in order to try to beg Senate. The special interests won, and has to have been the trading that was us to allow them to come and drill for won big. We did not have the courage being done that did not have a delivery oil in a wildlife refuge. to say to the Big Three or to con- directly related to it. How much oil is involved? First, even sumers across America, we have to do Now people say the SEC will step in the rosiest scenario suggests we will business differently. We have not im- and look at this. The fact is there are not see the first barrel of oil from proved the fuel efficiency of vehicles in no records for the SEC to look at now ANWR for 5 years. The one more real- America since 1985—17 years of neglect. because there is no audit trail. There istic scenario says 10 years. As we con- So they talk about the Middle East are no records kept of these trades. sider all the problems in the Middle and the challenge we face and how we Somehow it is very difficult to get that East facing us today, ANWR is cer- have to show courage and determina- across to our Members. It would get tainly not the answer. Not for 5 years tion as Americans. Let us start it by across if they were trading on the Chi- at least, or 10, will we see the first bar- showing some honesty in our energy cago Mercantile. rel of oil coming out of this wildlife policy. We need more fuel efficiency, Mr. DURBIN. That is right, it would refuge. and we need more renewable fuels. For be transparent.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2395 I am holding in my hand the energy When the Hunt brothers tried to cor- The PRESIDING OFFICER. Is there a bill we are debating. On at least four ner the silver market, he said they sufficient second? separate occasions now, we have had should have talked to him first. You There is a sufficient second. the chance to do something sensible for cannot have a monopoly. He tried on The yeas and nays were ordered. energy security and energy independ- two separate occasions. You cannot do Mrs. FEINSTEIN. Mr. President, I ence—to lessen our dependence on Mid- it. Keep in mind, Mars was one of the take a moment to respond to the state- eastern oil. We had a chance to do it richest men in the world. His family is ment of the Senator from Nevada. with the fuel efficiency of the trucks still rich, with Uncle Ben’s Rice and The point I was trying to make, to and cars that we want to drive in most of the candy in the world. He was the Senator from Nevada, is that ma- America for years to come, and we very rich. He thought in his younger nipulation does occur in metals. Clear- failed. The special interests won. We days they would buy all the pepper. He ly, it did. Obviously, there was no on- could have done it by improving and wanted to control pepper. He spent line trading at that time. Everybody increasing the renewable fuels used some time going out and buying all the knows that. The fact is, these remain across America that are environ- black pepper he could find. He con- three major cases of market manipula- mentally friendly, which give us a trolled black pepper in the world. But tion. It doesn’t only happen in energy; chance toward independence. The spe- he said: In the end, I could not control it can happen in metals as well. cial interests opposed us. We lost. the black pepper market, because peo- The key point is, if the Reid amend- Now we see the battle that is being ple who had white pepper dyed their ment is successful, metals will be the joined: Whether or not we are going to pepper black, and I no longer had con- only exemption. Why should metals be have full disclosure of these energy trol of the market. the only exemption? I don’t think they trades, whether we are going to have The Hunt brothers tried to corner the should. We know you are covered if you the kind of openness that Americans silver market and went out and bought deliver the commodity directly to an- want. And the special interests oppose all the silver. Her amendment would other individual. We know FERC cov- it. have nothing to do with that. The Hunt ers that. We know you are not covered I stand in complete support of the ef- silver trading scandal involved trading if you are swapping or trading against forts of the Senator from California, on regulated exchanges, not in the risk. We also know there is great un- and I thank her for her leadership. over-the-counter derivatives market. certainty as to whether, with energy, I yield the floor. The trading abuses involved the phys- there is coverage. The PRESIDING OFFICER. The as- ical accumulation of more than 200 I purposely read the letters from the sistant majority leader. million ounces of silver. It did not in- Swaps and Derivatives Association be- Mr. REID. Mr. President, my friend volve over-the-counter derivatives in cause they say two different things. In from Illinois and my friend from Cali- any way. one statement they say these areas do fornia are right in most everything The Sumitomo situation involved the remain within the CFTC jurisdiction; they have said about the need for a manipulation of the copper market by they turn around in a March 11 opposi- good energy policy. I agree with the a Japanese company operating through tion letter and say exactly the oppo- Senator from Illinois. I think it is too a rogue trader acting in London and site. bad we did not pass fuel efficiency Tokyo. The time has come to have certainty, standards. The Presiding Officer, I The abuses occurred on a fully regu- to see that energy and metals are cov- hope, is going to try to rectify that and lated exchange, not in the over-the- ered. Let me say once again, who can offer something in the near future to counter derivatives market. It involved object to there being antifraud and set some fuel efficiency standards. manipulation of the price of copper on antimanipulation oversight? No one. The Senator from Illinois is right the London Metal Exchange, which is Who can object to saying you have to when he speaks about the need to not fully regulated by the United King- keep records of trades, online trades, drill in ANWR, but my friend from Illi- dom’s Financial Services Authority. even if you are not directly delivering nois and my friend from California are Further, the manipulation took place the product, if you are swapping to wrong about transactions involving overseas, not in the U.S. markets. hedge against risk, for example? Why metal derivatives because they lack I urge my colleagues to not support shouldn’t you keep a record and have necessary information. The Com- the motion to table that strikes metal an audit trail on what you are doing so modity Exchange Act already requires derivatives from the Feinstein amend- that people know? Why shouldn’t there record keeping for transactions in ment. Derivatives are essential to the be some provision for capitalization of metal derivatives markets. health of the metals market, and today these trades based on risk, and the The Feinstein amendment includes they are regulated, controlled. Record- CFTC would decide a level of risk and metal derivatives, citing fraud in the keeping is now in place. Fraud in the the level of capitalization? metals market in the past decade. In metals market did not involve over- This past week, I was just reading fact, my friend from California uses the-counter derivatives. another article of a company that two specific examples of high-profile With all due respect to my friend would go down because it was swap- cases. She talked about the Hunt from California, using the Hunt broth- ping. There was no capitalization, brothers in silver and Sumitomo in ers example and the Sumitomo exam- Peter came home to pay Paul, and copper. Neither of these fraud cases ple, they simply do not apply. I believe there was nothing there. So the com- would be addressed with the Feinstein wherever that information came from, pany is going to go bankrupt. It was amendment. It has nothing to do with it was misguided and simply wrong. I another major company. the Feinstein amendment. The Fein- suggest we would be better off going It seems to me, rather than create stein amendment could already be in forward with her legislation, which I uncertainty, our amendment creates effect, and the Hunt problem would have indicated on a number of occa- certainty. It says to the world, to ev- still be there, and that related to cop- sions I support. But I am saying that erybody, energy and metals are not the per would still be there. Why do I say having the metals industry involved in only two that enjoy an exemption. En- that? this does not do anything except make ergy and metals, for derivative online The attempt by the Hunt brothers in the mining industry in America weaker trading, are covered by the CFTC. It is 1979 to corner the silver market in- than it is. a small amendment. I have been so sur- volved manipulation of the physical Mining as an industry exports gold. prised at the amount of opposition. It silver market. They bought all the sil- It is one of the few places we have a fa- convinces me more that something ver they could, which reminds me of a vorable balance of trade. We should be must be going on. There has to be a Nevada resident by the name of Forest happy about that. reason that people want to do this Mars, of the Mars empire. He owned it. The motion to table is ill advised, trading in the darkness. There has to He was a great man. He died in the last based on wrong facts. It is not in keep- be a reason that they do not want to couple of years. He was a wonderful ing with what I think is the direction keep records. There has to be a reason man. He lived above his candy store in of the underlying Feinstein amend- they do not want to subject themselves Las Vegas. This billionaire had a little ment. I ask for the yeas and nays on to any kind of capitalization require- apartment above his candy store. the motion of the Senate to table. ment.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2396 CONGRESSIONAL RECORD — SENATE April 9, 2002 That was the situation with Enron. consume more than you produce, and serving. There are very good sugges- Enron went bankrupt. Enron lobbied when you do not have an electric grid tions, mostly by Senator BINGAMAN, for this amendment. Enron lobbied the in this system that can move power about how to do that. And we must in- House to be excluded, to have metals from the places where it is produced to crease our production. and energy excluded from the bill the places, such as California and Flor- Let me show you where our produc- passed in 2000. Immediately after the ida, that consume a lot—and also Cali- tion is, currently, in the United States. bill passed in 2000, gas began to spike fornia does produce a great deal—you Our production is currently in the Gulf in California. That says volumes to me. have blackouts. of Mexico and in Texas and in Alaska. Once again, I think we are on the You have power shortages. You have Should we drill in Alaska, and more? side of the angels, to let consumers see price hikes. It is the natural end result Absolutely. Should we drill in the Gulf what is going on. If the consumers buy of demand outstripping supply. It of Mexico? Absolutely. Should we drill through the Chicago Mercantile, there works that way every time. There is no in Texas more? Absolutely. Should we is a record. If the consumers buy surprise about it. It works that way drill more in California and places in through the New York Mercantile, today. It worked that way yesterday. It other States? Absolutely. there is a record. With any other kind will work that way tomorrow. The reason is these States consume. of transaction, there is a record. Why The core of this debate is energy se- They need to produce. Our whole Na- should this huge, burgeoning new area curity. We cannot have energy security tion consumes and we need to produce of online trading have an exception and in this Nation unless we have energy more. But we want, in America, to not keep these records? independence. I know people hear this have a policy where we basically do not Again, let me be specific. If the prod- and they say: Senator, it is not pos- have oil wells anywhere except off the uct is delivered, if I buy gas from you, sible. We could never be energy inde- coast of Louisiana, Mississippi, and and you deliver that natural gas to me, pendent. Texas. We expect this area then to sup- we are covered by the Federal Energy I want to say: Yes, we can. Maybe not ply all the needs of our Nation. Regulatory Commission. If we are trad- tomorrow. Maybe not in 5 years. But if We need to have a stronger policy ing or swapping and there is no deliv- we set our mind to it and make some about drilling domestically, and to ac- ery, there is no record kept. very wise strategic decisions in this knowledge the States that do drill and Why does FERC support this amend- body this week and in this Congress can drill in a more environmentally ment? Why do all of the FERC Com- this year, this country most certainly sensitive way, minimizing the risk to missioners support this amendment, could be energy independent in the the environment, should be com- including the Chairman? They know next decade or so. Not in my grand- pensated for the impacts that are asso- this is a loophole. They know it should child’s lifetime but in my children’s ciated. It is not always negative envi- see the light of day. lifetime, and in my lifetime, we could ronmental impacts; it is infrastructure I control time until 3:45, if I under- be energy independent. But it is going impacts. stood correctly. to take a lot of work. On each oil rig off the State of Lou- The PRESIDING OFFICER. The time One of the things we are going to isiana, we have about 6,000 people. It is is equally divided. have to do is produce more oil and gas almost like a city out in the gulf. Mr. REID. I am happy to yield. and fuel domestically. It is not just oil I know a lot of people have never The PRESIDING OFFICER. The Sen- and gas. It is oil, gas, clean coal, been to an oil rig, but I have, many 1 ator from Nevada controls 14 ⁄2 min- hydro—and particularly new and excit- times. Senator BREAUX and others have utes. ing fuels such as solar and wind. We are visited many times. These men and Mr. REID. The Senator is welcome to not doing nearly enough with that. And women consume water, they consume take some of my time. we are not doing enough on the produc- food, there are transportation require- Mrs. FEINSTEIN. I yield the floor. tion side. ments, and there are roads and bridges The PRESIDING OFFICER. The Sen- When we think oil, we think auto- that need to help this offshore develop- ator from Nevada has yielded? mobiles. We think oil, we think gaso- ment. Mr. REID. Mr. President, it is my un- line. While oil in the transportation One of the things we can do—and I derstanding the Senator from Lou- sector consumes most of our oil, let me hope we will do, Democrats and Repub- isiana wishes to speak on another name a few other things that we need licans, regardless of how we may vote amendment she hopes to offer subse- oil for to produce household items: on many of these amendments—is to quently. I think that would be appro- toothpaste, footballs, ink, lifejackets, cast favorable votes when it comes to priate. I see no one here wishing to tents, sunglasses, house paints, sham- more domestic drilling. It is important speak. How much time does the Sen- poos, lipsticks—maybe we could find for us to close the gap of conservation ator need? alternative sources, some other ways and drilling in places where we can. We Ms. LANDRIEU. I need about 15 min- to produce these items. I am sure there have rich reserves in Alaska, in the utes, if I could? are scientists and researchers doing Gulf, and in the central part of this Na- Mr. REID. We are going to vote at that at this time, but we need oil in tion. It is misleading to say otherwise. quarter till, but how about 10 minutes? this Nation to run our automobiles the Let me also give you another reason Ms. LANDRIEU. Ten minutes is fine. way we have the engines structured why domestic production is so impor- The PRESIDING OFFICER. The Sen- right now, as well as to produce all tant. This is from the Sierra Club’s ex- ator is recognized for 10 minutes. these products which Americans use ecutive director, Doug Wheeler, who Ms. LANDRIEU. I thank the Senator every single day. said: from Nevada, and I thank the Senator Can we reduce our consumption? Can The exploration and development of energy from California for allowing me to we conserve? Absolutely. But should resources in the United States is governed by interject a few thoughts on a related we continue to import 67 percent of our the world’s most stringent environmental subject but not the same as the pend- oil from other places in this world? I constraints, and to force development else- ing amendment. don’t think so. where is to accept the inevitability of less The subject is about energy inde- Let me share with you where we are, rigorous oversight. pendence. Let me put up my first chart the outstripping of production by de- Let me repeat this, because this is to talk about this issue. mand. Oil consumption will continue the Sierra Club. Before I begin with that, let me say to exceed production. This red area of The exploration and development of energy this: There are a lot of issues such as this chart is our problem. It is our resources in the United States is governed by the issue Senator FEINSTEIN has raised, problem. You can see it very clearly. It the world’s most stringent environmental and other issues, that I suggest are is the shortfall. This is basically what constraints, and to force development else- maybe not the exact heart of our prob- we produce. This is what we consume. where is to accept the inevitability of less lem when it comes to energy security And this is what causes, in many in- rigorous oversight. or energy dependence. The heart of our stances, blackouts or shortages or high What we do by not allowing more problem is simply that we consume prices—this shortfall. We have to cor- drilling in the United States is exactly much more than we produce. When you rect that. We can correct it by con- this: We force development elsewhere,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2397 and we wreak environmental havoc. I know my time has expired. I am I hope Members on both sides can un- Why? Because in many parts of the going to stay on the floor after the derstand the importance of this debate. world there are no democracies, and vote and ask for some additional time. It always has been important. But I there are big oil importers, which is I thank the Senator for yielding. If think there has to be some renewed ur- very problematic. In other countries, the clerk is ready to call the roll, I will gency given what has happened over they do not have rigorous rules. There yield the floor. the last 2 weeks—the unfortunate esca- is no transparent rule of law. There are The PRESIDING OFFICER (Mr. MIL- lation of violence in the Mideast, the no court systems. There are no inves- LER). The question is on agreeing to pressure that has now come to bear on tigators to find the polluters. There are the motion. The yeas and nays have our Nation in terms of the diplomacy no systems of fines. They have no con- been ordered, and the clerk will call underway to try to find a peaceful and sequences for pollution. It happens day the roll. certain way out of the situation in the after day. In our country, if a company The legislative clerk called the roll. Mideast. All of this has a direct bear- Mr. REID. I announce that the Sen- violates a local or Federal rule, they ing on the discussion we are having in ator from Montana (Mr. BAUCUS) is are prosecuted. They are fined. They the Senate about energy and the under- necessarily absent. can be put out of business for destroy- The PRESIDING OFFICER. Are there lying policy and our dependency on ing the environment. Do you think any other Senators in the Chamber de- this oil that comes in large measure— that happens in some places in Africa, siring to vote? not solely—from Middle Eastern coun- South America, or the Mideast? I don’t The result was announced—yeas 40, tries or from foreign sources. It has a think so. nays 59, as follows: direct impact, I believe, on whether we Let me make a statement. People [Rollcall Vote No. 60 Leg.] are ultimately going to be successful in will say Senator LANDRIEU just gets on YEAS—40 the short and long run in our negotia- the floor and talks about big oil issues. tions for peace and in combating ter- She is a supporter of big oil. Akaka Dorgan Levin Biden Durbin Lieberman rorism. Let me say for the record that big oil Boxer Edwards Lugar I wish to finish my remarks along is maybe not that interested, frankly, Breaux Feingold Miller those lines and to start with a chart. I primarily in more domestic produc- Byrd Feinstein Murray know people in Louisiana understand Cantwell Fitzgerald Nelson (FL) tion. Leaders of some of the environ- Carnahan Graham this. mental organizations want to push pro- Reed I am hoping to share this chart with Chafee Harkin Sarbanes Clinton Hollings duction off of our shores because they Schumer the other Members in the Senate. As Conrad Inouye do not want production anywhere. Stabenow Americans everywhere went to the gas Corzine Kennedy Wellstone They are absolutely totally against Daschle Kerry stations over this weekend and the last fossil fuels and think we can run the Dayton Kohl Wyden few weeks, they really began to feel country and the world can run on Dodd Leahy this. They not only understand it but something other than fossil fuels. I NAYS—59 they actually feel it, and it is hurting hope that happens in the future, but it Allard Frist Nelson (NE) right in their pocketbooks. is not going to happen today or tomor- Allen Gramm Nickles This chart shows us clearly what row. It is in their interest to push pro- Bayh Grassley Reid happens when the price of oil, which is Bennett Gregg duction off the shores of the United Roberts demonstrated by this blue line, goes up Bingaman Hagel Rockefeller States and use their self-interest to ba- Bond Hatch Santorum and what happens to our gross domes- sically push development in places Brownback Helms Sessions tic product, which is represented by Bunning Hutchinson Shelby the red line, when that price goes up. It where regulations are less; where, if Burns Hutchison Smith (NH) you do something wrong, you can’t get Campbell Inhofe is very easy to read this chart. It re- Smith (OR) Carper Jeffords minds me of one of the charts my col- caught, and where it is cheaper to Snowe produce. Cleland Johnson league, Senator CONRAD, brings to ex- Cochran Kyl Specter There is sort of an unholy alliance, if Collins Landrieu Stevens plain complicated budget issues, and it you will—I say this with great re- Craig Lincoln Thomas really helps to clarify it. This clarifies spect—between the industry and the Crapo Lott Thompson the situation to me, and I hope to peo- environmental movement. I understand DeWine McCain Thurmond ple who are seeing this chart. Domenici McConnell Torricelli this is an unholy alliance that some- Ensign Mikulski Voinovich When oil prices are low, then the U.S. times pushes us to a place we don’t Enzi Murkowski Warner gross domestic product is high. When want to go. I will tell you why we don’t NOT VOTING—1 the price of oil begins to rise, as it has precipitously in the last 2 weeks, the want to go there. Because it is dan- Baucus gerous. growth of the U.S. economy dives. If the headlines in the newspapers The motion was rejected. When the economy takes a dive like don’t convince people that we are on a Mr. REID. I move to reconsider the this, what this means is there are more collision course, I don’t know what is. vote. people who are out of work. Mr. MURKOWSKI. I move to lay that In the paper this morning, we read When this red line goes down, it motion on the table. means children do not go to college. about the escalation of war in the Mid- The motion to lay on the table was This red line means somebody has to east. We see our foreign policy com- agreed to. promised. Why? Because we can’t real- Mr. REID. I suggest the absence of a walk into their house and look in their ly fight terrorism in a way that we quorum. kids’ eyes and tell them they lost their know we should. We know that we The PRESIDING OFFICER. The job. This means a guy who worked his could be effective. We have beaten clerk will call the roll. whole life—when he was 45 years old every foe that has stood before us. We The senior assistant bill clerk pro- and started a business and took his can certainly beat the foe of terrorism. ceeded to call the roll. life’s savings and his wife’s savings and It would be hard. It would be expen- Ms. LANDRIEU. Mr. President, I ask said: Honey, I am going to go out and sive. But the American people are will- unanimous consent that the order for start a business—has to come back and ing to give their time and their treas- the quorum call be rescinded. tell her he could not make it. Not be- ure to do it. But we can’t because we The PRESIDING OFFICER. Without cause they did not have a good product, are compromised by the fact that the objection, it is so ordered. The Senator not because he was not a hard worker, countries we are trying to negotiate from Louisiana. not because his spouse did not do ev- with are large exporters of oil. Ms. LANDRIEU. I thank the Chair. erything she should and could do, but We sent Colin Powell, our Secretary Mr. President, I thought I would take because we cannot get a handle on the of State, over to the Mideast with one this time, as we are still debating and price of gasoline and it drove him out hand tied behind his back. He cannot proceeding with consideration of of business. That is what this line negotiate as strongly as he might be- amendments to the energy bill, to fin- means when the gross domestic prod- cause of our dependency on oil from ish the comments I started before the uct in our country goes down. It means other places in the world. vote. pain. It means suffering.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2398 CONGRESSIONAL RECORD — SENATE April 9, 2002 We could stop the pain and stop the 18 million barrels of oil every day from est buildings collapse. We don’t call suffering if we could get an energy pol- places such as Saudi Arabia, Iraq; and the people who got in the airplanes icy that would stabilize this price and from such stable governments in a lot freedom fighters. We call them terror- reduce our dependency on oil that of trouble now such as Colombia, An- ists. But we can’t call some of these comes from outside of this Nation. gola, Kuwait, and Yemen, just to name other people exactly what we need to One way to do it, not the only way to a few. be calling them. Why? Because we are do it, is to drill more in the United If we drilled more in Alaska, in Lou- too dependent on oil from that region. States of America. We have oil reserves isiana, off the coast, on the gulf coast, We are debating an energy bill and we in many of our States, if not most of in other interior States, and we did it will not make the decision to produce our States. We have reserves onshore in the right ways, we could make the more oil in the United States because and offshore, and we have technologies lines in that chart I showed earlier we would rather compromise our for- unlike 50 years ago, 40 years ago, or 25 move in a different direction, in a di- eign policy. years ago, that we can produce and find rection of hope for the American peo- I will be for more drilling in the those reserves at less financial risk and ple. United States, when and wherever pos- less environmental risk. Let me also say we need to do it for sible. And I don’t believe we can drill I am in the Senate because I prom- the purposes of our economy. We also everywhere. But where there are re- ised the people of my State I would try need to drill more in the United States serves, where our technology shows we to keep this red line up as high as pos- for the purposes of our security and for can drill, the more oil we can drill here sible, because I have a promise to send the purposes of long-term domestic and the better. In addition, what we can do, and Sen- as many kids to college as I can pos- international security for our Nation. ator BINGAMAN has led this fight so sibly help get there and give them the We call the underlying bill we are de- ably and so well, is to diversify our skills they need to function. I have bating, and on which Senator BINGA- portfolio so we are not held hostage by made a lot of promises to them about MAN and Senator MURKOWSKI have oil, period. I am from an oil-producing giving them an atmosphere where they worked exceedingly hard, the Energy State. But do you know what my own can take their dream of starting a busi- Policy Act. It could be the energy secu- producers tell me? They don’t want our ness and actually make it work. I have rity act, but I would really like it to be named the energy independence act be- Nation to be held hostage by fossil made promises to my school boards and fuels, even though we produce a lot of cause only by energy independence will my public officials back home to try to oil and produce a lot of gas. Louisiana America ever be secure. help improve the highway system, believes, as an oil- and gas-producing which is not very good in our State. I Let me say that again: Only with energy independence will we ever really State, that we need to develop alter- have hospitals that cannot keep their native sources. As an investor with doors open, and there is a Senate that be secure. If we and our democratic allies—not countries that do not believe your life savings, you don’t invest it in has the resources and the opportunity just one company, in the event that in democratic principles, not countries to pass an energy bill that could company goes belly up and you lose ev- that do not allow women to vote, not produce more but for some reason will erything you worked for. With invest- countries that do not have high stand- not. ments, investors want a diverse port- ards when it comes to child protection Let me show what the Sierra Club folio. Why? To spread the risk. Any and the rights of children and families. says about domestic production be- good investor knows that spreading I am talking about democratically cause I have sometimes been accused of risk is very important for long-term se- elected governments. When we and our having an anti-environmental position. curity. I actually think this position is a pro- allies, such as in Europe and in other Why, then, do we have an energy pol- environmental position, it is the right places of the world, can diversify our icy, or the lack of an energy policy, environmental position, and I will say portfolio of energy, then we can relieve that allows all of our eggs to be in one why. The director of the Sierra Club ourselves of being dependent on coun- basket. It is too much in oil, and in evidently agrees with that line of tries that do not share our values, that some ways too much in gas, and not thinking, although I do not want to in- are not democratic nations, and that enough in other developing tech- dicate he agrees with the exploration do not compromise. nologies such as wind, solar, hydro- in ANWR or my amendment, but he When I see statements that are in the power, and other ways of generating agrees with the principle. He says express—and I have been reading a lot of energy. actly what I would say: things about the Mideast—it is very The most promising technology we The exploration and development of energy concerning to me when I hear anyone have discussed on the floor is in the resources in the United States is governed by say the people who have strapped dyna- transportation sector, in hydrocells, the world’s most stringent environmental mite and other explosives to them- for our automobiles. It is the transpor- constraints, and to force development else- selves, who have gone into places such tation sector that uses most of the oil. where is to accept the inevitability of less as hotels where people are eating a Our industrial sector and our electric rigorous oversight. meal or into daycare centers, or in generators use a lot of gas, a lot of I could even go further to say: To de- pubs where mothers might take their coal, and a lot of nuclear. The bottom velop elsewhere is to accept the inevi- daughters or sons out for an afternoon line is, while we have to reduce our de- tability of wholesale environmental de- cup of tea or a rest, and people refer to pendency on foreign oil, particularly struction, because that is what hap- these individuals as freedom fighters. from nondemocratic nations, particu- pens when you do not have good laws. These are not freedom fighters. These larly from nations that do not have That is what happens when you do not are terrorists. That is what terrorism stable governments, particularly from have good regulations. That is what is. That is what the definition and em- nations that do not believe in the rule happens when you do not have good bodiment of terrorism is. of law, that do not allow women the court systems where polluters are de- It is not fighting army to army or right to vote, that do not allow chil- termined not to follow the rules if they armed person to armed person. It is an dren, girls in particular, to go to had them, or to go ahead even without individual, desperate, strapping explo- school, why do we compromise our for- the rules and proceed to extract those sives to their body, giving up their life eign policy because we need that re- resources. That is what happens when and harming innocent men and women source when we could drill more do- you drive production off the shores of and children for the purposes of terror- mestically? In addition, not only do we the United States of America. The en- izing a nation and either bringing it to have to drill more in the United States, vironment is harmed more than if you its knees, or bringing it to a negoti- but we have to wean ourselves off of could drill in a country that had the ating table, or forcing it to do some- fossil fuels over time and try to come strongest rules, the best courts, the thing that is against its will or its up with renewable resources because highest fines, and the ability to vigor- long-term best interests. all of these resources are finite. ously prosecute polluters. We are fighting terrorism here with To broaden our pool, to diversify our We do not want to do that. We want all the strength and breath we can in portfolio of sources is good for the con- to get oil from countries—and we use our Nation. We had two of our mighti- sumer and good for business because it

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2399 will keep prices very competitive. If erans, along with our military, particu- The PRESIDING OFFICER. The gas is too high, people could switch to larly the veterans who have been there. clerk will call the roll. nuclear. If nuclear is too high, pro- They have been to Europe; they have The bill clerk proceeded to call the ducers of energy could switch to hydro. been to Korea; they have been to Viet- roll. If hydro is too high, they could move nam. They know the price that is paid Mr. MURKOWSKI. Madam President, to coal. If coal is too high, we can move when American foreign policy is based I ask unanimous consent that the order to biomass. on anything outside of our core values for the quorum call be rescinded. We need more diverse sources of fuel, of freedom and democracy. The PRESIDING OFFICER (Mrs. homegrown, and limit our imports of When we start fighting over oil and CARNAHAN). Without objection, it is so fuel from nations that are not demo- sacrificing the lives of our young men ordered. cratic nations. I am not speaking about and women, it is just not worth the Mr. MURKOWSKI. Madam President, Canada. Canada is a great ally of the fight. Let me say again, it is not worth for the last several days—since we have United States. We import a lot of gas the fight. Other issues are worth the been following the Mideast crisis— from Canada. Let’s continue to do it. fight: democracy, freedom, and justice. clearly I think we are all aware that Canada is a democracy. It is our ally. Oil is not worth the fight, especially what was a tinderbox has now ignited We can rely on it. That is smart poli- when we could have energy security by into a firestorm. tics. drilling in our own country. It is too This chart gives us an update of what Relying on other countries that do high of a price to pay. I don’t think we happened while we were out for our not share those values, that do not should pay it. Easter recess. It is a memorandum to have democratic values, gets us dealing We should continue the effort to get the American people. with places where people tie dynamite a good, strong bill out of the Senate Let me identify the urgency because to themselves and blow up themselves and get it into conference so we can over the last few days Saddam Hussein and innocent people. It confuses us have a bill that produces, that encour- of Iraq has imposed a 30-day oil embar- whether it is a terrorist or freedom ages more domestic drilling, expands go on the United States. We have seen fighter. We have freedom fighters in our portfolio of energy to include other the price of oil jump about $3 a barrel. America. Martin Luther King, Jr., was things, that invests in research and de- We have seen Saddam Hussein offer to a freedom fighter. That is the kind of velopment. This country leads the pay the families of the Palestinian sui- freedom fighter who we believe in in world in technology. When we make up cide bombers up to $25,000. If that isn’t this Nation. Gandhi was a freedom our minds to create anything, we can an incentive to stimulate those who fighter. That is the kind of freedom do it. And we hardly ever fail. I can’t are inclined to give up their life for the fighter who ultimately wins peace and think of a time we failed. We most cer- cause of Saddam Hussein, I don’t know security and justice and changes when tainly would be successful in new tech- what is. things are unjust. Not suicide bombers nologies and getting us off, eventually, Further, Iraq and Iran call on coun- and not terrorists. It must be rejected fossil fuels, a finite resource, and get- tries to use oil as a weapon against the every day, every month, every year, ting us to renewables, so we are truly United States and Israel. And Libya every time—in the United States, in independent and our people can have agrees. Israel, and in the Middle East. hope. Think of that—using oil as a weapon. Our energy policy puts us in a posi- In addition, I hope we can then bal- When was the last time we talked tion where that gets foggy; it does not ance this bill in conference. I urge the about a weapon around here? It was on get clear. It is dangerous. It is not President to take as balanced an ap- September 11th when we were con- going to serve us well, not this week, proach as possible in helping shape a fronted with the first reality that an not next week, and not in the near fu- bill that works for our economy, that airplane would be used as a weapon. ture. Our dependency on oil imports works for our foreign policy, and, most Obviously, we saw that at the Pen- from places that are not democratic importantly, a bill that is true to val- tagon and the two towers of the World nations, our refusal to broaden our ues that America has stood for now for Trade Center. This goes beyond our portfolio of sources of energy, and our 225 years. It does not cause us to have previous comprehension of what weap- inability to separate this from our ne- to be hypocritical or to turn our eye or ons are. But Iraq and Iran are calling gotiations is not good for America. to be foggy in our outlook. We want to on countries to use oil as a weapon. Let us begin by supporting Senator see clearly, to be honest with our- What do they mean? They mean, ob- MURKOWSKI’s amendment on ANWR. selves, about this issue. viously, that with the money and the Let us go further and support drilling. It is very serious. It is a very serious cashflow of oil, they can motivate peo- Let us fight very hard with Senator issue. Now it is affecting our national ple to give up their lives as suicide BINGAMAN to try to put dollars into re- security. People at home would like to bombers if their families can generate search and technologies for new alter- see strong steps taken in that regard. $25,000, or thereabouts. Where does natives. Let’s be careful with the tax I am going to be offering an amend- their money come from? It comes from credits we give so we build a domestic ment for energy independence in the the cashflow of oil. Make no mistake industry, creating new jobs and keep- morning. I have a series of amend- about it. ing our environment clean and investments that I will be offering over the Further, a Christian Science Monitor ing in the States and the localities so course of this debate. I will lay that article indicates that there is informa- when they are impacted, we can fix out to my colleagues for their consider- tion relative to Iraq carrying out a plot them. When we lose wetlands, we can ation and I hope we will be strong to blow up a U.S. warship. That was ex- restore them. When some places are enough to take the actions necessary posed by the article. The theory was a disrupted, we can do our very best to to set our Nation on the course for little more significant because what fix them and have the kind of infra- independence. they proposed to do was target a tank- structure necessary so we can have a I yield the remainder of my time. er, probably in the Straits of Hormuz, good, solid, and clean industry. The PRESIDING OFFICER. The and then go after a U.S. warship. That is why, in conclusion, this is Chair recognizes the Senator from Mis- We are also seeing here at home a getting a lot of momentum. This is souri. skyrocketing increase in gasoline. why the President is receiving a tre- Mrs. CARNAHAN. I ask unanimous Who is responsible for that? It is our mendous amount of support in some consent to proceed as in morning busi- good friend, Saddam Hussein. areas of his policy, and why, today, ness for 10 minutes. Iraq is the fast-growing source of there was a great meeting and press The PRESIDING OFFICER. Without U.S. oil imports—1.1 million barrels; conference of some of the major Jewish objection, it is so ordered. the Persian Gulf, almost 3 million bar- organizations throughout this Nation. (The remarks of Mrs. CARNAHAN are rels; and, OPEC countries, 5.5 million B’nai B’rith, the oldest and largest printed in today’s RECORD under barrels. Jewish organization, has finally and ‘‘Morning Business.’’) When Saddam Hussein indicates he eloquently stated why it is so impor- Mrs. CARNAHAN. Mr. President, I was going to terminate production for tant to join this fight, along with vet- suggest the absence of a quorum. 30 days, that means somebody else is

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2400 CONGRESSIONAL RECORD — SENATE April 9, 2002 going to have to pick up their oil. aircraft used as a weapon three times 2001—283 million barrels. This is by Maybe OPEC will do it. They have indi- on September 11. It could have been month. June was an all-time high. cated that Saudi Arabia has the capac- much worse but for that heroic event Then down in July. In September it ity. But will they? Clearly, when 1 mil- in Pennsylvania. bounced up again, in October, Novem- lion barrels are taken off the world Here is an article from Reuters of ber, December. So here we are, clearly market, prices are going to increase, April 1. identifying where the oil comes from and shortages are going to increase. Iraq urges use of oil as a weapon against and where it goes. That is reality. Israel and U.S. We could show another chart that Make no mistake about it. Saddam It states: shows you what is happening in the Hussein is not doing any favors for the Use oil as a weapon in the battle with the United States today. That is the in- United States. enemy, Israel. crease in retail gasoline prices per gal- In announcing an oil embargo, he has Iraq’s ruling Baath Party said in a lon. This is $1, $1.05, $1.15, up to $1.40. effectively caused the spiraling in statement published by the Baghdad Here we are, April 1: $1.34. Make no prices and an indicated shortage in pro- media: mistake about it. These are factual reduction. alities associated with what is hap- We have some other charts that I If the oil weapon is not used in the battle to defend our nations and safeguard our lives pening. The American public is mod- think show you the vulnerability of the and dignity against American and Zionist estly inconvenienced, but there is no United States. This is, again, while we aggression, it is meaningless. consensus on what kind of relief. were away on our Easter recess. That is the ruling party of Iraq. As the Mideast crisis worsens, the I suggest there is an energy plan out price of oil rises. This is the statement ‘‘If Arabs want to put an end to Zionism, there that has been proposed by some. they are able to do so in 24 hours,’’ Saddam by Iraq’s ruling party. This is kind of it. Unless the crisis is told a group of Iraq’s religious dignitaries too bad, we just stick our head in the If the oil weapon is not used in the battle Sunday night. sand. Is this an energy plan? I don’t to defend American and Zionist [Israel] ag- Another quote: gression, it is meaningless. think so. We have an energy bill before The world understands the language of us. It is absolutely necessary that we That is a statement by Iraq’s ruling economy, so why do not Arabs use this lan- proceed with this bill. As a con- party. guage? He asked. This is the timeframe from March 25 sequence of the extended discussion Saddam said if only two Arab states about how we are going to reduce our until our return. threatened to use economic measures dependence, one of the issues that If the oil weapon is not used in the battle against western countries if Israel did not to defend our nations and safeguard our lives withdraw from the Palestinian-ruled terri- comes up is obviously to produce more and dignity against American and Zionist tory, ‘‘you will see they (Israelis) will pull oil in the United States. How can we do aggression, it is meaningless. out the next day.’’ that? That is a pretty strong message. Madam President, do we believe One of the more contentious amend- They are saying: We are going to use that? Saddam Hussein is one of two ments that will be debated on the floor oil as a weapon. Arab States that has already used its is the ANWR amendment. What is so Make no mistake about it. What does economic measure against the Western significant about ANWR? The signifi- that translate to? Our economy, and countries by terminating its oil pro- cance is that it is the most likely area perhaps increased prices. duction for 30 days. in North America for a major oil dis- I do not know how many times we What else happened today that de- covery. We had ANWR passed in the have to go to the well around here be- serves consideration? In our own hemi- omnibus bill back in 1995. In December, fore we understand that some of these sphere, South America certainly, Ven- it passed out of the Senate. It was ve- folks mean business. We are already ezuela, PDVSA, one of the largest con- toed by President Clinton. We would well aware of bin Laden. We are well glomerates in the world, went on know today and have production from aware of the aftermath of al-Qaida. strike. What does that mean to the the area and we wouldn’t be beholden We wish we would have taken steps United States? It means that roughly to Saddam Hussein, who suddenly de- to avoid those actions. But where are 30 percent of our imports are no longer cides he is going to cut 1 million bar- we today as we look at Saddam Hus- available. Saddam Hussein stopped his rels of production, his production, sein? We have every reason to believe production, and Venezuela, PDVSA, is away from the market. We anticipate that he is developing weapons of mass on strike. We don’t know the ramifica- that ANWR would exceed 1 million bar- destruction. We haven’t had the U.N. tions of that. rels a day. inspections in several years. The threat is clearly here. I have We have been paying Saddam Hussein Are we putting off the inevitable? been coming to the Chamber for a long roughly $25 million a day for Iraqi oil What is the inevitable? Is it some kind time talking about the blatant incon- for the last year. That is a lot of of an action that is perpetrated as a sistency of our foreign energy policy. money, $25 million a day. This is the consequence of Saddam Hussein’s We have other charts here. I will stay same dictator who actively fired on our weapons that he has developed over a on this subject a little more because I pilots, who is developing weapons of period of time? What are those weap- think many Members assume this is oil mass destruction, funding terrorism ons? We don’t know because we haven’t that is coming in from overseas. So it against Israel, yet is our fastest grow- had inspectors in there in over 2 years. is Iraqi oil. So what? We probably don’t ing source of imported oil. What we know is that we have been get it. Saddam Hussein is paying bounties of taking his oil. We know that we have Here is a chart that shows where it $25,000 to each suicide bomber who been enforcing a no-fly zone over Iraq goes. What we did was, we went to the murders Israeli citizens. The suicide since 1992. We do know that we have importers and asked where this oil bombers terrorizing Israel are the bombed him three times this year. We went. And we got some idea of where it proxy soldiers of Saddam Hussein. do know that we put our young men is refined: Washington State, Cali- Think about that. They are proxy sol- and women’s lives at risk as we enforce fornia, Texas, Oklahoma, Arkansas, diers. Yet we rely on Saddam Hussein the no-fly zone. We also know as he Mississippi, Louisiana, Missouri, Illi- for our energy needs each day. takes our money, he develops weapons nois, Indiana, Ohio, Kentucky, Min- capability and weapons of mass de- nesota, New Jersey. This constitutes Every time we go to the gas pump, a struction—biological weapons—aimed roughly Iraqi oil imports from January portion of what we pay funds Saddam at our ally, Israel. We know those to December of the year 2001, a total of Hussein in his war on the United States things. 287.3 million barrels consumed in these and Israel; on his war, if you will, to Where is the logic? How do we close States. It is pretty well spread around encourage individuals to sacrifice their the loop? What is the message? How the geography of the United States. lives as suicide bombers and commit are we going to respond? We have another chart that shows funds to the relatives of some $25,000. I do not know how many times we very vividly crude oil imports from Enough is enough. We need to end have to reflect on weapons. We saw an Iraq to the United States in the year this inconsistency once and for all.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2401 Among the considerations that come Saddam Hussein a very strong signal— to reduce our dependence on foreign to mind to end this would be the Presi- and the rest of the Mideast, such as oil. We don’t want to send our men and dent’s certification that Iraq is com- Iran, Libya, and the other countries, women overseas to fight another war plying with U.N. Security Council Res- including Saudi Arabia—a message on foreign soil. olution 687 which demands that the that we mean business? I am reminded of Mark Hatfield’s Iraqi weapons program be destroyed, Remember what Saddam Hussein statement; he is a former Senator from destroyed and certified by inspectors, says at the end of every speech. His the State of Oregon. He said: that we have the satisfaction of know- last words are—think about this— I will vote for ANWR any day rather than ing that Saddam Hussein is no longer ‘‘death to Israel. Death to America.’’ send our young men or women overseas to smuggling oil in circumvention of the From what I have seen in Israel in the fight a war over oil on foreign soil. Oil for Food Program. We have already last 2 months, with all the suicide Well, we did it in 1992 and we lost 147 lost lives. We lost the lives of two bombers, we ought to know what he lives. Let’s get on with the issue at American Navy men when they inter- means. How long does this have to go hand and let’s reflect on the issues. cepted one of Saddam Hussein’s smug- on before we come to grips with reality American labor is on board because gling ships. In the process of boarding and make a commitment that we can they see it as a jobs issue—somewhere the ship, the ship sank and these two open up this area safely, that it will in the area of 250,000 new jobs. People American sailors lost their lives. Little significantly recuse our dependence on talk about stimulus. That is the larg- was said about it, but Saddam Hussein imported oil? I think that time has est single stimulus that anybody has is still taking American lives. come, and I urge my colleagues to been able to identify in this entire year Further, one could consider a stipula- make commitments to America’s envi- of debate on the floor of the Senate. tion that Saddam Hussein would not ronmental community to recognize What does it mean? It means 250,000 subsidize the action of the suicide that you are going to have to be count- jobs. But these are private sector, well- bombers. ed here and do what is right for Amer- paying jobs, union jobs that will not As I indicated earlier, some people ica, not necessarily what is right to cost the taxpayer one red cent. This is don’t have a second thought about placate some of the extreme environ- win-win-win-win. It is win for America, where we get our oil. Some think that mental groups that have used this as a win for jobs, win for reducing our de- drilling in Alaska is too risky. That is cash cow; they have milked it for all it pendence on imported oil, and win for poppycock. We have drilled in Alaska is worth. our scientific community and our envi- for 30 years in the Arctic and developed It is kind of interesting to hear the ronmental community—to ensure that the largest field in North America, mischaracterizations of a recent study we have the technology to do this Prudhoe Bay. You might not like oil- by the Department of the Interior, the right. USGS. They indicated in the first fields. That is your own business. But I look forward to the debate in the study the supposition that the entire Prudhoe Bay is the best oilfield not coming days, but I think it is appro- area was at risk. What is the entire only in the United States but in the priate to highlight what has happened area? It is 1.5 million acres that was world. It has more environmental over- in just the last 2 days. Saddam Hussein somehow at risk. It was the assump- sight by Federal and State officials, has determined he is going to stop oil tion that the entire area would be put laws, and regulations. production for 30 days. Venezuela is on So it is interesting to reflect, if you up for lease. Of course, the House bill, strike. We have, overnight, lost nearly don’t get the oil from here, where are and what is in the amendment that we 30 percent of our imports, and each day you going to get it? Do you want to go intend to offer, is that the footprint you are going to hear more bad news: to Colombia where they are blowing up will be limited to 2,000 acres. There will higher prices at the gas station and Colombian pipelines and kidnapping not be international airports, or air- higher prices to fill your heating oil American oil workers? Some of the oil- ports of any significance. There will tanks. You are going to see it rep- fields of Russia are an absolute dis- not be any activity during the caribou resented in the economy—on the stock grace from the standpoint of environ- calving season when the Porcupine market as it affects our growth and, mental oversight. herd is in the area. Drilling and explo- God knows what we can expect from Nobody seems to care where it comes ration will be limited to wintertime ac- the Mideast crisis that is underway in from. Why can’t it come from an area tivities. There will be no roads built. that area today, as our vulnerability where we have the oversight, where we There will just be ice roads. have the safety, and we can do it right? This is the technology we have now. becomes more intense. We have a situation today where Make no mistake about it, from the I will have more to say about this Israeli and Palestinian citizens are standpoint of conservation, we have topic each day. I wanted to bring to my dying in the streets. They are certainly learned how to take care of the car- colleagues’ attention the highlights of at risk. Yet they say it is too risky to ibou. There are two major actions we the pending crisis. When we left here open up the Arctic. I wonder if chan- have done to protect them. We allow no on our recess, we had a threat. Today neling funds to Saddam Hussein to hunting. You can’t run them down in a we have a crisis. Here it is: a 30-day oil allow him to carry out his vicious cam- snow machine. The herd, known as the embargo, $3-a-barrel increase, and Sad- paigns is not risky. Our men and western Arctic herd, in the Prudhoe dam pays suicide bombers $25,000. Iraq women in uniform are in harm’s way Bay area was about 3,000 in the early and Iran call on countries to use oil as today. Yet many Members in this body 1970s. It is over 26,000 today. You can’t a weapon. If that isn’t a threat against live in some fantasyland, a world of hunt in the area; you can’t take those the United States and Israel, I don’t ivory towers, an image of pristine wil- animals. know what is. Iraq plots to blow up derness. The Porcupine herd is something U.S. warships, and the price of gasoline Well, I have been there, Madam else. The aboriginal people depend is skyrocketing. President. It is a harsh reality. The ab- upon them, and the herd is quite Madam President, I suggest the aboriginal residents of the area of healthy. Remember where that herd sence of a quorum. Kaktovic support the development. I goes. It crosses the Dempster Highway The PRESIDING OFFICER. The have felt like a voice in the wilderness in Canada. That is probably where it clerk will call the roll. on this issue for some time. We have a receives the most intense pressure The assistant legislative clerk pro- lot of wilderness—about 56 million from human predators, who take the ceeded to call the roll. acres, which is the size of the State of caribou for subsistence and sport pur- Mr. DASCHLE. Madam President, I California. poses. That doesn’t happen in Alaska; ask unanimous consent that the order It is time for some of us to face the it happens in Canada. for the quorum call be rescinded. facts. It is time to stop contributing to So I hope my colleagues will be ready The PRESIDING OFFICER. Without Saddam Hussein’s campaign of terror. to recognize the significance of their objection, it is so ordered. How bad do things have to get before votes. Not only is this a major issue for Mr. DASCHLE. Madam President, it we have the fortitude to recognize that the veterans of this country who have is 5:45 in the afternoon. We had one we can reduce our dependence and send said time and time again that we want vote today. Obviously, there will be no

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2402 CONGRESSIONAL RECORD — SENATE April 9, 2002 more rollcall votes today. I say ‘‘obvi- we can come up with a list of amend- The legislative clerk proceeded to ously’’; I should probably say ‘‘unfortu- ments. But, as I say, a Republican fili- call the roll. nately.’’ This is the fourth week now buster on the derivative amendment Mr. REID. Madam President, I ask we have been on this bill. This is the has to end. The ANWR amendment has unanimous consent that the order for 15th day we have been on this bill. We to be debated. We have to find some the quorum call be rescinded. have scores, if not hundreds, of amend- way to resolve whatever other out- The PRESIDING OFFICER. Without ments that ought to be offered and standing questions there are and bring objection, it is so ordered. ought to be debated. We listened to this bill to a close so we can move on Mr. REID. Madam President, I ask countless speeches all last year from to other important pieces of legisla- unanimous consent that at 9:15 on many of our Republican colleagues tion, including border security, which, Wednesday, April 10, the Senate re- about how critical it was we bring up as I understand it, is supported by the sume consideration of S. 517; that the this bill. I think Senator MURKOWSKI administration; Republicans and time until 9:45 a.m. be for debate prior on several occasions said: Let’s let the Democrats support it. to the cloture vote with respect to the chips fall where they may; let’s offer We also have the election reform bill. Feinstein amendment numbered 2989, amendments; let’s take up ANWR; let’s We have nominations we would like to with the time equally divided and con- get this legislation done. take up—judicial nominations. We trolled in the usual form; that at 9:45 The Senator from Alaska talked have heard a lot about that in recent tomorrow morning the Senate proceed today about this being another crisis, days. So there is no lack of work re- to vote on the motion to invoke clo- given the Iraqi situation. Here it is, quired of this body. Yet there are such ture; and that Senators have until 9:30 5:45 this afternoon, and we are facing a limits on our ability to deal with all of a.m. for filing second-degree amend- Republican filibuster on the Feinstein those and other priorities, simply be- ments to the Feinstein amendment. amendment, the so-called derivatives cause we have been unable to move this The PRESIDING OFFICER. Without amendment. We are hopeful we can at bill any further along than we are this objection, it is so ordered. afternoon. long last reach a cloture vote tomor- f row. They have been filibustering the Mr. REID. Will the Senator yield for MORNING BUSINESS derivative amendment now for some a question? Mr. DASCHLE. I will be happy to time. I don’t understand why we have Mr. REID. Madam President, I ask yield to the Senator from Nevada. yet to take up the ANWR amendment. unanimous consent that there be a pe- Mr. REID. I ask my friend from riod for morning business with Sen- As I said, after 15 long days of debate, South Dakota, the majority leader, if we have yet to debate one of the cen- ators permitted to speak therein for a he is aware that we have had speeches period of up to 5 minutes each. tral issues involving energy policy here in the past several weeks—we had from the Republicans’ perspective, and The PRESIDING OFFICER. Without one earlier this afternoon—of Senators objection, it is so ordered. that is the debate on ANWR. saying, Why don’t we vote on ANWR? It is critical we have that debate Why don’t we have an up-or-down vote f sooner rather than later. And if need on ANWR? THE MIDEAST CRISIS be, I know some of my colleagues have Is the Senator aware these speeches actually suggested maybe they will Mrs. CARNAHAN. Madam President, are being made by the other side often last week, as people of many faiths raise the issue, that they take it up, but no amendment is offered? Have you that they offer the amendment. We celebrated holy days of peace, our tele- ever seen a procedure such as that vision screens were filled with visions would probably offer the House lan- where they complain about not having guage. of horror. Young Palestinian men and a vote but they have not offered the women, strapping explosives to their We want to accomplish as much as amendment? bodies and detonating themselves in possible during this work period. I have Mr. DASCHLE. It is mystifying to crowds of Israeli civilians, destroyed laid out, on several occasions now, our me. We have been told for months, if hope and expectation with regard to not years, how critical ANWR is to dozens of lives and with them exploded the legislative agenda for this work pe- some of our colleagues on the other the hopes and dreams for a peaceful riod. It is ambitious. But our Repub- side. Yet after 15 days we are told we resolution of the Middle East crisis. lican friends in the administration, and still have to wait for an ANWR amend- The words used to acclaim these acts Republican friends in the Senate, talk ment on this energy bill. are deeply troubling. The murderous about how they are unable to take up So something doesn’t connect here. bomber who killed celebrants at the other very important pieces of legisla- Either ANWR is not important or there Passover meal was deemed ‘‘a glorious tion, including trade promotion au- is a slow-walking of the bill— martyr.’’ Such a proclamation is a thority and terrorist insurance. inexplicably. There is an emergency, as cruel hoax, perpetrated by those dedi- But we find ourselves here with a Re- some of our colleagues have indicated cated to the destruction of the Jewish publican filibuster on the energy bill, a today, but there is an inability here to state. It comes from those who have Republican reluctance to take up the connect the dots. It seems to me we never admitted in their hearts—and ANWR amendment, and, at 5:45 in the have to rectify that situation. will never admit that Israel has the afternoon, no one to offer amendments The Senator is right. You cannot right to exist within secure and peace- in spite of the fact that we have been give speeches and say it is important ful borders. on this bill now for 15 days and over 200 for us to finish the bill and take up They unleash their hate under the amendments are still pending. ANWR and we need a vote but then fail banner of such groups as Hamas, and So, I must say, it is a situation that to offer the amendment to get the vote. Hezbollah, the Fatah and the Al Asqa has to be rectified sooner or later. I ask my colleagues to recognize how Mosque Martyrs’ Brigade. There is no way we can take up all of precious our time is. This is Tuesday. I Unfortunately, the leader of the Pal- the other important bills during this have already had two or three requests estinian Authority, Yasser Arafat, is very critical work period if we do not for early evenings and early departure unwilling or unable to prevent the have more cooperation and ability to this weekend. I suspect we will get wave of assaults against Israeli civil- address the remaining issues in this more of those throughout the week. We ians. For far too many years he has bill than what has been demonstrated have to make the most of the days we talked the talk of peace; but he has so far. are here. Let’s make the most of never walked the walk for peace. It is unfortunate. It is frustrating to Wednesday, the most of Thursday. When it has served his interest to be at a point, after this long on the en- Let’s resolve these outstanding issues, speak of reconciliation, of compromise, ergy bill, that in my view is so far from let’s end the filibuster, and let’s get of security for Israel—he has done so. closure on a bill that both sides have this job done. But days, or even hours, later when acknowledged must be completed. I yield the floor and I suggest the ab- speaking to his people, or the Arab I want to complete it. I know Sen- sence of a quorum. world, he uses language that urges ator REID has been working very hard The PRESIDING OFFICER. The armed struggle, a war of liberation, to try to work on both sides to see if clerk will call the roll. and a return to conquered lands.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2403 He has not prepared his people for They must denounce terror against have no place to put the waste. The peace. He has not explained the need Israel with the same strength and pas- Federal Government has an obligation for compromise. In fact, maps in school sion as they denounce actions taken for the spent fuel and the DOE waste, books do not even show the State of against Palestinians. They must halt and to meet this obligation we must Israel. their financial backing for terrorist open that repository, and we must do it On the White House lawn, President groups dedicated to the destruction of soon. Clinton urged both sides to take a Israel. They must put an end to the To date, we have spent over 20 years chance for peace. Israel was willing to anti-semetic, anti-Israel, and anti- and over $4 billion to investigate and do just that. Israel traded land in the American rhetoric in their state spon- characterize the site. The science tells hope for peace. Israel promised even sored media. Finally, they must con- us this is the place. more land, and a Palestinian state. vince Yasser Arafat, and more impor- I join Senator BINGAMAN in urging What did the Palestinians do? They tantly the Palestinian people, to aban- my colleagues to vote for this resolu- did not create a government to serve don their self-destructive behavior. tion when it comes before the Senate. the best interests of their people. Yas- Had the Passover ceremony in f ser Arafat created a gulag on Israel’s Netanya not been violated by a mur- TRIBUTE TO THE GIRL SCOUTS OF back doorstep—one riddled by corrup- derous bomber, those present, together AMERICA tion and bent on crushing dissent. The with Jews around the world, would Palestinian leader built an infrastruc- have ended the ceremony by saying: Mr. DASCHLE. Madam President, I ture for terror and then incited his peo- ‘‘next year in Jerusalem.’’ would like to take this opportunity to ple telling them that Palestine would The Jerusalem to which they aspire, recognize the 90th Anniversary of the run from the Jordan River to the Medi- however, is not the city we see today— Girl Scouts of the United States of terranean Sea. a city stricken with fear; a city of America. In March, this vital organiza- When the parties met at Camp David, shattered windows and shattered lives tion celebrated an important milestone Israel did what it had never done be- where calls to worship have been rein its efforts to encourage girls and fore. It put the issue of Jerusalem on placed by sirens and ambulances. young women from communities across the table. But the most generous offer No, the Jerusalem to which they as- our nation to enjoy scouting activities Israel could possibly make, was not pire, is a Jerusalem of tolerance, of that nurture their mental, physical, only rejected, it was brutalized by vio- faith, and of peace. and spiritual well-being. Congratula- lence. That violence has intensified for While that vision seems remote at tions to the 3.8 million members 18 months, mutating into waves of sui- the moment, we are reminded of the throughout the United States. cidal terror. words of Louis Pasteur, who said: I am pleased to tell you that more In the minds of most Israelis, this Never let yourselves be discouraged by the than 9,000 girls across the State of cruel response has undermined Yasser sadness of certain hours which pass over na- South Dakota actively participate in Arafat as a genuine partner in search tions. Girl Scouts. In particular, I want to of peace, for Israel now has to question For those who earnestly seek peace, commend the Girl Scouts of Nyoda whether land for peace is actually an even dark days can be the harbingers of Council for their outstanding accom- equation for more violence. brighter tomorrows. plishments in the areas of leadership, Israel has an obligation to its citi- Our prayers today are for a brighter community service and personal devel- zens to respond. When al Qaeda at- tomorrow for all in the Mideast, for all opment in our state. For over 35 years, tacked America, we sent our military people of goodwork. this chapter has offered a spiritually across the globe to seek out the terror- f motivated, values-based program that ists in training camp by camp, cave by encourages every girl to reach her cave. Israel has terrorist’s cells just a NEVADA VETO OF YUCCA highest potential. The Girl Scouts of couple miles from its largest cities. It MOUNTAIN SITE Nyoda Council adhere to the vision had no choice but to take them out— Mr. MURKOWSKI. Madam President, statement of the Girl Scout movement: root and branch. I advise my colleagues that yesterday ‘‘to inspire girls with the highest ideals America is conducting her own war another significant step was taken in of character, conduct, patriotism, and on global terrorism in the wake of at- the process to address relief for nuclear service, that they may become happy tacks on our country and to address energy by the approval of the Yucca and resourceful citizens.’’ the threat of Saddam Hussein acquir- Mountain process—and I emphasize On April 13, the Nyoda Council will ing weapons of mass destruction. But process because it is a step-by-step ef- hold their Girl Scout Gold Award cere- the United States must at the same fort. mony in honor of those who have time devote its full resources to resolv- The Governor of Nevada came to achieved the highest honor a Senior ing the Israeli-Palestinian conflict. We Washington to deliver his veto over the Girl Scout can attain. They deserve must do so in a way, however, that President’s recommendation to site recognition for their outstanding work, does not undermine the core principle this Nation’s high-level waste reposi- perseverence, leadership, and commu- of our war against terrorism. There tory at Yucca Mountain in Nevada. nity involvement. I applaud their ‘‘can- must be zero tolerance for terrorism. Further, Chairman BINGAMAN, chair- do’’ spirit, determination, and dedica- Such deeds cannot have, or be per- man of the Energy and Natural Re- tion to the betterment of their commu- ceived to have, any political benefit. sources Committee, today took yet an- nity. Those who seek a political solution other step in introducing a resolution, Congratulations to the Girl Scouts of to conflict must first rebuild trust by S.J. Res. 34, to override the Nevada Nyoda Council on this very special oc- rejecting terror. Unfortunately, both veto. Senator BINGAMAN’s action sets casion. May they enjoy this celebration the Arab League and Islamic Con- in motion the congressional fast-track of their efforts, and keep up the great ference have failed to do so. Nonethe- procedure in both the House and Sen- work. less, Secretary Powell’s mission takes ate to approve this resolution, which is Mr. BINGAMAN. Madam President, I place against the backdrop of a new done by a simple majority. We finally rise today to speak on behalf of the Arab initiative. may approve a safe, remote, central fa- Girl Scouts. In honor of their 90th an- This initiative has many flaws, but it cility for our Nation’s nuclear waste. niversary, I would like to congratulate is significant. Arab governments have Without this repository, our nuclear this extraordinary group for their now demonstrated a desire to play a plants would have to shut down, and I many years of excellence and service to constructive role in resolving the con- do not think we can address that risk, this Nation. This organization has pro- flict. Since the Palestinian leadership recognizing nearly 20 percent of our vided great opportunities for many has been totally discredited as peace Nation’s energy is generated by nu- girls and young women, helping them partners, the path to peace goes clear power. to develop to their full potential and to through Amman, Cairo, and Riyadh. Without Yucca Mountain, the cold- become good citizens and great leaders. If these governments are serious war legacy sites throughout the U.S. The Girl Scout Law states that each peace-seekers, other steps must follow. will not get cleaned up because we will girl will strive to possess honesty,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2404 CONGRESSIONAL RECORD — SENATE April 9, 2002 courage, responsibility, and respect Mr. SMITH of New Hampshire. Assistance Act of 2002, plus direct both for themselves and others. These Madam President, I rise today to show spending effects that were not in the ideals demonstrate the high standards my support for the 90th anniversary of previous estimate. I ask unanimous this organization sets in encouraging the Girl Scouts. Through the Girl consent that the revised CBO estimate, the development of young girls. Scouts, girls acquire self-confidence, a dated April 1, 2002, be printed in the Currently in New Mexico, approxi- sense of responsibility, life skills and RECORD. mately 8,000 girls and 3,000 women par- integrity. In each level of the Scouts, There being no objection, the mate- ticipate in Girl Scouts. Chapparal young girls learn skills that will assist rial was ordered to be printed in the Council, one of the three New Mexican them as they enter adulthood, includ- RECORD, as follows: Girl Scout councils, covers counties in ing science and technology education, U.S. CONGRESS, northwestern New Mexico and parts of money management, sports training, CONGRESSIONAL BUDGET OFFICE, Southwestern Colorado. The 6,000 mem- engaging in community services, art Washington, DC, April 1, 2002. bers of that council contribute their Hon. MAX BAUCUS, education, and much more. The Girl Chairman, Committee on Finance, U.S. Senate, time and effort to better their commu- Scouts encourage their members to en- Washington, DC. nities. These girls, along with count- gage in a wide variety of activities DEAR MR. CHAIRMAN: The Congressional less other women who once pledged the such as field trips, sports camps, and Budget Office has prepared the enclosed re- Girl Scouts’ promise have and will re- cultural exchanges. I am proud to note vised cost estimate for S. 1979, the Energy ceive the many benefits from this orga- that members of my staff were Girl Tax Incentives Act of 2002. The estimate in- nization. Scouts when they were younger. cludes direct spending effects on the Ten- The Girl Scouts’ new initiative ‘‘For The mission of the Girl Scouts is to nessee Valley Authority, loans issued by the Every Girl, Everywhere’’ highlights the Rural Utilities Service, and crop subsidies help all girls grow strong and prepare provided by the Department of Agriculture diversity of this fine group, attempting for adulthood by empowering them to that were not in the previous estimate. Re- to reach out to every girl in every com- develop their full potential, get along view estimates reflect changes in current munity, regardless of race, ethnicity, well with others, and to work together law resulting from enactment of Public Law or geographic boundaries. The Girl to contribute to their communities. 107–147, the Job Creation and Worker Assist- Scouts have given girls from every so- Today, the organization boasts a mem- ance Act of 2002, which was signed on March cioeconomic background an equal op- bership of 3.8 million members, 2.7 mil- 9, 2002. This estimate supersedes the esti- portunity to become successful adults lion girls and over 900,000 adults. mate that CBO provided for this bill on Feb- ruary 27, 2002. through the exploratory and intellec- I would like to take just a moment to If you wish further details on this esti- tual activities in which they partici- commend the activities that the Girl mate, we will be pleased to provide them. pate. This has especially played an im- Scouts are involved with in my State The CBO staff contacts are Erin Whitaker portant role in New Mexico. of New Hampshire. I would like to spe- (for revenues), who can be reached at 226– Throughout New Mexico, girls have cifically thank the Girl Scouts of Swift 2720, and Lisa Cash Driskill (for direct spend- been changing their lives in a positive Water Council for their numerous con- ing), who can be reached at 226–2860. way that will no doubt benefit them in tributions toward the development of Sincerely, their future endeavors. By focusing on young women in our state. For a single BARRY B. ANDERSON (For Dan L. Crippen, Director). health and fitness, appreciating diver- organization to reach over 15,000 girls Enclosure. sity, and community service, the Girl in New Hampshire alone is extraor- CONGRESSIONAL BUDGET OFFICE COST Scouts have inspired girls with high dinary. There are three programs that ESTIMATE, REVISED APRIL 1, 2002 ideas of character, conduct, and patri- fall under the Swift Water Council that [S. 1979: Energy Tax Incentives Act of 2002, otism. Girls participate in many events I want to commend. The Cool Connec- as ordered reported by the Senate Com- throughout their community such as tions program at Sanders Cottage in mittee on Finance on February 13, 2002] providing help to those in need and Manchester, and the Antrim Girls SUMMARY working to improve the environment. Shelter both help young girls in crisis S. 1979, the Energy Tax Incentives Act, They organize donation drives for by teaching them how to make positive would amend numerous provisions of tax law needy families, plan activities for sen- decisions and boosting their self-es- relating to energy. The bill would enhance ior citizens, hold flag ceremonies teem. The Swift Water Council also es- and create credits for the use and develop- throughout the State, plant trees and tablished an activity center for young ment of energy-efficient technologies, amend tax rules to provide deductions for certain clean up local parks. refugee girls at the International Insti- Although the Girl Scouts are pri- devices and credits for businesses that pro- tute in Manchester. This Institute vide energy, and enhance and create credits marily community based, the ideals of helps refugees from wartorn nations and deductions for the production of oil, gas, caring and helping others are also dem- seek asylum in the United States. and other types of fuel. Certain tax credits onstrated on a national level. After the These activities provide young girls would be available to the Tennessee valley tragedy of September 11th, Girl Scouts with socialization, group cooperation Authority (TVA) and rural electric coopera- from the Zia Council in New Mexico skills, and the tools they need to accli- tives in the form of credits that could be made dream catchers, a Native Amer- mate successfully into the community. used to pay sums owed to the Treasury. The bill also would provide tax credits for the ican work of art symbolizing peaceful I am grateful for the contributions sleep, and had them blessed and sent to production of biodiesel fuels. which would re- that the Girl Scouts have made in my sult in a reduction in the subsidies provided New York in memory of the victims state. by the Department of Agriculture (USDA) and their families as a way of reaching In closing, I want to commend the for certain crops. Most provisions of S. 1979 out to those in need of inspiration. Girl Scouts for 90 years of positive in- would take effect in 2003, but some would Through this organization, girls fluence on the lives of young girls all take effect in 2002. learn to set high standards and develop across this nation. I especially want to The Congressional Budget Office (CBO) and qualities that will benefit them thank the Girl Scouts of New Hamp- the Joint Committee on Taxation (JCT) estimate that enacting the bill would decrease throughout their lives. They are able shire and the adult volunteers who sup- to learn self-confidence, responsibility, governmental receipts by $80 million in 2002, port them. Keep up the good work. by $8.3 billion over the 2002–2007 period, and and leadership skills, and are encour- f by $14.4 billion over the 2002–2012 period. CBO aged to think creatively. Through the estimates that provisions in the bill affect- hard work of this organization over 50 REVISION IN ENERGY TAX ing TVA, rural electric cooperatives, and million women have been touched by INCENTIVES REPORT USDA would result in an increase in direct the positive impact of Girl Scouts. As Mr. BAUCUS. Madam President, on spending of $20 million in 2002, a decrease of the world’s largest girls’ organization March 1, 2002, I filed Report 107–140 to about $75 million over the 2002–2007 period, with currently 2.7 million girl members accompany S. 1979, the Energy Tax In- and a decrease of about $200 million over the and just under 1 million adult mem- centives Act of 2002. Since that time, 2002–2012 period. CBO also estimates that certain provisions requiring studies and reports bers, I would like to once again com- the Congressional Budget Office has re- would have an insignificant impact on spend- mend past, current and future Girl vised its estimate to reflect changes re- ing subject to appropriation. Since S. 1979 Scouts for their valuable contributions sulting from enactment of Public Law would affect direct spending and receipts, and dedication over the last 90 years. 107–147, the Job Creation and Worker pay-as-you-go procedures would apply.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2405 CBO has determined that provisions of the and would not affect the budgets of state, new private-sector mandates as defined in bill requiring the Secretary of the Treasury local, or tribal governments. JCT has deter- UMRA. and the General Accounting Office to report mined that the remaining provisions of the ESTIMATED COST TO THE FEDERAL GOVERNMENT the results of certain studies contain no bill contain no intergovernmental mandates intergovernmental mandates as defined in as defined in UMRA. The bill contains no The estimated budgetary impact of the bill the Unfunded Mandates Reform Act (UMRA) is shown in the following table.

By Fiscal Year, in Millions of Dollars 2002 2003 2004 2005 2006 2007

CHANGES IN REVENUES Estimated Revenues ...... ¥80 ¥312 ¥1,237 ¥2,259 ¥2,583 ¥1,869 CHANGES IN DIRECT SPENDING Credits for Clean Coal and Renewable Technologies Used by TVA: Estimated budget Authority ...... 10 10 10 10 Estimated Outlays ...... 10 10 10 10 Credits for Clean Coal and Renewable Technologies Used by Rural Electric Cooperatives: Estimated Budget Authority ...... 20 0 ...... Estimated Outlays ...... 20 0 ...... Effect of Biodiesel Tax Credits on Spending for Farm Programs: Estimated Budget Authority ...... ¥13 ¥22 ¥28 ¥33 ¥38 Estimated Outlays ...... ¥13 ¥22 ¥28 ¥33 ¥38 Total Changes in Direct Spending: Estimated Budget Authority ...... 20 ¥13 ¥12 ¥18 ¥23 ¥28 Estimated Outlays ...... 20 ¥13 ¥12 ¥18 ¥23 ¥28

BASIS OF ESTIMATE for budgetary scoring purposes, be treated as a year beginning in 2004, when we expect the Revenues if it were extended permanently. On that agency would revise its rates. Hence, CBO es- All revenue estimates were provided by basis, CBO estimates that the biodiesel pro- timates that this provision would cost a JCT except for one provision. For the years vision would reduce revenues by $448 million total of about $90 million over the 2002-2012 2006–2012, CBO estimated the revenue effects from 2006 through 2012. In all, CBO and JCT period. of the provision providing a tax credit and estimate that the provision would reduce Rural electric cooperatives would be eligi- excise tax rate reduction for biodiesel fuel revenues by $552 million from 2002 through ble for both the clean coal technology and mixtures. 2012. renewable energy tax credits offered under Five provisions would compose a signifi- Direct Spending the bill. Based on information from industry cant portion of the effect on revenues if en- Effect of Biodiesel Tax Credits on Farm Pro- analysts, CBO expects that rural electric co- acted. Those provisions would extend the grams. Because of the bill’s incentives to sell operatives would make investments in tech- credit for producing energy from certain and use biodiesel fuels, JCT and CBO have nologies that would qualify for such credits sources, extend the credit for purchase of al- estimated that use of these fuel mixtures over the next several years. The bill would ternative motor vehicles, and modify the would increase. Because the vegetable oil in allow the credits to be sold or traded to cer- credit for purchase of electric vehicles. They the mixtures is expected to be primarily de- tain other taxable entities, or used to prepay also would establish a statutory 15-year re- rived from soybeans and a few other oilseeds, loans held by the federal spending. For this covery period for natural gas distribution the price of these oilseeds would increase. estimate, we assume that around 15 percent lines, expand the credit for certain quali- (Qualifying vegetable oils may be derived of eligible cooperatives would prepay their fying fuels produced from coal to fuels pro- from corn, soybeans and a list of other oil federal loans with the Rural Utilities Serv- duced in facilities placed in service after the seeds.) Higher commodity prices would re- ice, rather than trade the credits. date of enactment, and modify the rules gov- sult in lower costs of farm price-support and The authority provided by the bill to pre- erning certain requirements for contribu- income-support programs administered by pay federal loans with non-cash credits tions to, and transfers of, qualified nuclear the Agriculture Department. CBO estimates would be considered a loan modification. decommissioning funds. These provisions these changes in the demand for soybeans Under the Credit Reform Act, the cost of a would, if enacted, reduce revenues by $57 and other grains would reduce federal spend- loan modification is the change in the sub- million in 2002, $3.3 billion over the 2002–2007 ing by $308 million over the 2002–2002 period. sidy cost of the cost of this provision would period, and $6.8 billion over the 2002–2012 pe- Use of Credits for Federal Payments by TVA be about $20 million and would be recorded in riod. and Rural Electric Cooperatives. The bill would 2002, when the modification would be author- Section 209 of the bill would provide for an establish tax credits for electric power pro- ized. income tax credit and a reduction in the ex- ducers using certain coal and renewable cise tax rate on purchases of biodiesel fuel technologies. Although exempt from tax- Spending Subject to Appropriation mixtures (a combination of diesel fuel and ation, TVA and rural electric cooperatives The bill would require the General Ac- vegetable oil). These provisions would expire would be eligible to take such credits in the counting Office and the Department of the on December 31, 2005. The JCT assumes that form of cash-equivalent credits that could be Treasury to provide annual reports on en- they would expire at that time and estimates used to repay amounts they owe to the ergy tax incentives. Based on information that they would reduce revenue by $74 mil- Treasury. We estimate that the provisions from these agencies, CBO expects that pre- lion through fiscal year 2006. CBO extends would cost $20 million in 2002 and $110 mil- paring the reports would cost less than those revenue losses beyond 2006, however, lion over the 2002-2012 period. $500,000 per year, assuming appropriation of based on the rules governing CBO’s revenue CBO expects that TVA will make signifi- the necessary amounts. baseline. Those rules require CBO to treat cant investments in pollution control and excise taxes dedicated to trust funds as per- clean coal technologies over the next 10 PAY-AS-YOU-GO CONSIDERATIONS manent, even if they expire during the pro- years and thus would be eligible for the cash- The Balanced Budget and Emergency Def- jection period. The excise taxes on motor equivalent credits authorized by the bill. icit Control Act sets up pay-as-you-go proce- fuels are dedicated to the Highway Trust TVA could use such credits to reduce its pay- dures for legislation affecting direct spend- Fund and are scheduled to expire on Sep- ments to the Treasury for past appropria- ing or receipts. The net changes in outlays tember 30, 2005. The biodiesel provision tions. TVA could then pass such savings on and governmental receipts that are subject would reduce the excise tax rate on certain to its customers by lowering the price it to pay-as-you-go procedures are shown in the motor fuels. Because CBO’s baseline extends charges for electricity. We estimate that following table. For the purposes of enforc- the excise taxes at the rate existing at time this price adjustment would reduce TVA’s ing those procedures, only the effects of expiration, the biodiesel provision would, power revenues by an average of $10 million through 2006 are counted.

By Fiscal Year, in Millions of Dollars 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Changes in outlays ...... 20 ¥13 ¥12 ¥18 ¥23 ¥28 ¥29 ¥31 ¥22 ¥26 ¥16 Changes in receipts ...... ¥80 ¥312 ¥1,237 ¥2,259 ¥2,583 ¥1,869 ¥1,234 ¥1,181 ¥1,174 ¥1,214 ¥1,289

PREVIOUS CBO COST ESTIMATES Creation and Worker Assistance Act of 2002, to account for the impact on baseline projec- signed on March 9, 2002 extends certain tax tions of the reduction in excise tax rates for This revised cost estimate supersedes the credits that would also be extended by S. biodiesel fuels. CBO cost estimate for this bill prepared on 1979. In addition, CBO has increased the esti- The revised estimate also includes an esti- February 27, 2002. Revenue estimates have mate of direct spending effects on TVA, mate of revenue losses by about $448 million changed because Public Law 107–147, the Job loans issued by the Rural Utilities Service to

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2406 CONGRESSIONAL RECORD — SENATE April 9, 2002 rural electric cooperatives, and crop sub- reauthorizes and expands several pro- treatments for diseases that include sidies provided by the USDA. The effect of grams designed to help children and schizophrenia, diabetes, cancer, depres- these changes would be to increase direct families in high-risk situations. Spe- sion, heart disease and stroke. Some of spending by $20 million in 2002 and decrease cifically, the bill established grants for my colleagues may know that VA’s ex- direct spending by about $200 million over the 2002–2012 period. programs for mentoring children of pertise in prosthetics and spinal cord prisoners, and amends the Foster Care injury research is unparalleled; fewer INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT Independent Living program to provide may be aware that VA researchers pio- CBO has determined that provisions of the for educational and training vouchers neered the concepts that allowed devel- bill requiring the Secretary of the Treasury for youths aging out of foster care. It opment of the CAT scan and MRI, the and the General Accounting Office to report also extends adoption assistance eligi- cardiac pacemaker, and safe kidney the results of certain studies contain no bility and prevents states from opting and liver transplants. VA researchers intergovernmental mandates as defined in out of criminal background checks for have demonstrated the best clinical UMRA and would not affect the budgets of foster and adoptive parents. practices for detecting high cholesterol state, local, or tribal governments. JCT has In addition, I have cosponsored a bill, and colon cancer, launched a large- determined that the remaining provisions of which would restore the Social Serv- scale study to determine the best way the bill contain no intergovernmental mandates as defined in UMRA. The bill contains ices Block Grant (SSBG) funding. Mis- to treat HIV infection, and started a no private-sector mandates as defined by souri uses its Social Services Block landmark clinical trial to treat Par- UMRA. Grant funds to provide aid to families kinson’s disease. Estimate prepared by: Revenues: Erin sand children with identified problems In March, VA researchers announced Whitaker (226–2720); Federal Costs: Lisa Cash in the areas of child abuse and neglect, another breakthrough finding. Two VA Driskill, and Dave Hull (226–2860); Impact on and services to juvenile offenders com- researchers, Dr. Karl Hostetler and Dr. State, Local, and Tribal Governments: Susan mitted to the custody of the State’s Di- James Beadle of the VA San Diego Sieg Tompkins (225–3220); and Impact on the vision of Youth Services as well as Healthcare System, worked with mili- Private Sector: Paige Piper/Bach (226–2940). Estimate approved by: G. Thomas Wood- other services to our most vulnerable tary and academic colleagues to de- ward, Assistant Director for Tax Analysis citizens. I am committed to increasing velop a drug that could be the best tool and Robert A. Sunshine, Assistant Director funding for this important program. we have yet to protect the public from for Budget Analysis. Yes, we have had significant vic- the threat of smallpox. f tories, but there is much left to do. As Until recently, only vaccination long as there is one child that needs could be used to stop the spread of a LET US REMEMBER THE our help, we must remain committed. smallpox epidemic. Because doctors CHILDREN In closing, let me share a few lines eradicated naturally occurring small- Mrs. CARNAHAN. Madam President, from a poem I ran onto recently. I hope pox in the 1960’s, the smallpox vaccine nearly 2,000 years ago, a ‘‘poll’’ was you will keep its vivid imagery before has been neither manufactured nor taken on the road between Jericho and you as we continue to search for solu- used regularly in decades, leaving the Jerusalem. We are told that only one tions. American population vulnerable to a out of three was willing to turn from Let us remember the children deliberate attack by terrorists. Al- their personal pursuits to help someone who can’t bound down the streets in a new though HHS recently accelerated and who had been physically assaulted and pair of sneakers, expanded a plan to vaccinate the U.S. left without care. This story of the who never go to the circus, population, the vaccine doses will not Good Samaritan is an ancient and fa- who live in an X-rated world. be ready for some time, and are not miliar teaching. We must be the people Let us remember the children without risk of potentially serious today who will pause in our own pur- who have no safe blanket to drag behind side-effects. suits to help heal the wounds in our so- them, Although researchers proved several ciety. whose pictures aren’t on anybody’s dresser, years ago that an existing drug called whose monsters are real. April is Child Abuse Prevention cidofovir could prevent smallpox from Month. Today I want to challenge all And let us remember the children who want multiplying and spreading, this drug to be carried and for those who must, of us to face this horrific national trag- had to be administered intravenously, edy head on. We should never lose sight gor those we never give up on and for those who don’t get a second chance, over the course of at least an hour. In of the pressing needs of our most pre- for those who cling to the shadows and for the case of an epidemic, it would sim- cious resource, our children. Across the those who will grab the hand of any- ply be impossible to treat every person nation, neglect and abuse figures reach body kind enough to offer it. at risk. 2.5 million. Not only has the reported f Drs. Hostetler and Beadle and their number of abused and neglected chil- colleagues developed a powerful form dren increased, but their problems are VA RESEARCHERS IDENTIFY ORAL of this drug that can be taken as a pill more severe and difficult to treat. TREATMENT FOR SMALLPOX or a capsule. Although this research is Abuse is not new, nor is it likely to go Mr. ROCKEFELLER. Madam Presi- still in its early stages, VA and mili- away, but I believe we are lowering the dent, as the Chairman of the Com- tary scientists showed that a few oral tolerance for this kind of behavior. mittee on Veterans’ Affairs, I am com- doses of this drug each day protected Policy makers, community leaders, mitted to focusing a spotlight on find- animals completely against a virus educators and parents came together ings by researchers at the Department closely related to smallpox. In the near on April 1st in Kansas City to dem- of Veterans Affairs, VA. For too long, future, we may be able to contain any onstrate their commitment to the VA researchers have labored with only potential outbreak of smallpox using issue. These are the types of actions we the recognition of their peers to ac- this simple medication, rendering need to help build strong families and knowledge the excellent caliber of VA smallpox useless as a biological weap- eliminate the circumstances leading to research into the treatment of a wide on. abuse. range of diseases. This research promises to bear fruit As legislators, we are making signifi- A recent finding—the discovery of a not only for emergency medical pre- cant strides in our crusade against drug that might help us fight smallpox, paredness, but for those who must take abuse. I supported $82.6 million in con- the most feared weapon in bioterror- cidofovir to treat more common but tinued funding of the Child Abuse Pre- ists’ arsenal—offers real hope for pro- still devastating viral infections. vention and Treatment Act during the tecting our Nation against the threat This work grew from a collaboration appropriations process. President Bush of bioterrorism. This discovery dem- between VA, military, NIH, and aca- signed the appropriations bill into law onstrates again how integral VA’s ef- demic researchers. As I have said many on January 10, 2002. forts are not only to public health and times, we cannot in these times neglect I was pleased to support the Pro- research, but to domestic security. any resource available to us when con- moting Safe and Stable Families VA’s Medical Research Service may fronting potentially catastrophic Amendments Act that the President not support as many projects as the threats to this nation’s health, whether also recently signed into law. This bill NIH, but its work has yielded effective in offering medical care or developing

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2407 new technologies and treatments to and congressional initiatives. It is my the way we live. Santa Clara’s sesqui- protect the public. hope that as a former small business centennial slogan, ‘‘150 years of democ- I am proud to recognize the insight owner and innovative thinker Mrs. racy, diversity, distinction,’’ could not that these researchers and VA have Sabelhaus will steer the agency toward be more appropriate. I hope the people shown, and continue to show, in explor- our bipartisan goal: to cultivate the of Santa Clara enjoy this yearlong ing cutting-edge research. This is yet entrepreneurial spirit of this country celebration and I wish them another another contribution that the VA and provide all—including women and 150 years of success.∑ health care system has made, not only minorities in the small business world f to the health of our nation’s veterans, with adequate and equal access to cap- THE 30TH ANNIVERSARY OF THE but to our national safety and well- ital and opportunities and the re- NATIONAL COMMITTEE FOR EM- being. sources and counseling that often de- PLOYER SUPPORT OF THE f termine a business’s success or failure. GUARD AND RESERVE I look forward to working with Mrs. CONFIRMATION OF MELANIE ∑ Sabelhaus, the new Deputy Adminis- Mr. BOND. Madam President, today I SABELHAUS trator for the U.S. Small Business Ad- wish to congratulate the National Mr. KERRY. Madam President, I ministration, as we seek to assist the Committee for Employer Support of speak today to congratulate Melanie small business community. the Guard and Reserve, ESGR, its 4,200 Sabelhaus, who was confirmed by the volunteers and Department of Defense, f Senate last evening as the Deputy Ad- DOD, staff, in celebrating 30 years of ministrator for the U.S. Small Busi- ADDITIONAL STATEMENTS service to this Nation. ness Administration. The National Committee for Em- The U.S. Senate Committee on Small ployer Support of the Guard and Re- Business and Entrepreneurship held a IN CELEBRATION OF THE CITY OF serve was established in 1972, the year hearing on Mrs. Sabelhaus’ nomination SANTA CLARA’S 150TH ANNIVER- the United States ended the Selective on February 27, 2002. On March 12, 2002, SARY Service System and established an all- the Committee voted unanimously in ∑ Mrs. BOXER. Madam President, I volunteer military force. DOD realized support of her nomination and rec- would like to take this opportunity to that support from employers and com- ommended her favorably to the full recognize the 150th Anniversary of the munities would be instrumental in Senate, which approved her nomina- City of Santa Clara in my home state maintaining Reserve component mem- tion by unanimous consent on April 8, of California. bership. ESGR was created to obtain 2002. I would like to thank the Senate As early as 4000 BC, Ohlone Indian employer and community support for floor staffs for their assistance in mov- settlements were found in the area. the National Guard and Reserve and to ing Mrs. Sabelhaus’ nomination so The City of Santa Clara began in 1852 promote the role of Reserve forces in quickly. as a small Spanish mission. After the national defense. ESGR has lived up to the task and Mrs. Sabelhaus has had an excellent Santa Clara was incorporated as a city, accomplished much more. Since 1972, career that has provided her with both the fertile valley became a magnet for with the help of the Advertising Coun- the necessary management and small farmers and Santa Clara was soon cil, Inc., ESGR has benefitted from business experience required of a Dep- filled with bountiful orchards and nearly $1 billion in pro bono adver- uty Administrator at the SBA. Having farms. Today, Santa Clara is located in tising reaching the six million employ- chaired her nomination hearing and the heart of California’s Silicon Valley, ers with one or more employees in the known her from her volunteer work the technology capital of the world. United States. From Indian settlement to Spanish with the Nantucket Historical Associa- Employers have, in turn, signed tion, I can report that President Bush mission, from orchard country to high ESGR Statements of Support, publicly has made a qualified choice in select- tech mecca, Santa Clara has been part committing to support the National ing Mrs. Sabelhaus for the critical post of the rich history of California. Guard and Reserve. The former Chair- of Deputy Administrator at the U.S. Last year, the National Civic League man of the Board and CEO of General Small Business Administration. bestowed the prestigious ‘‘All-America Motors, Mr. James H. Roche signed the I believe calling this position critical City’’ award on Santa Clara. Santa first Statement of Support in the Of- in no way overemphasizes its impor- Clara was one of only 10 cities in the fice of the Secretary of Defense on De- tance, for the Deputy Administrator U.S. to be given this award for success- cember 13, 1972. The next day, Presi- has historically served as the day-to- ful community collaboration. Santa dent Richard Nixon signed a Statement day manager of the SBA in the Admin- Clara has also recently been given top of Support covering all Federal civilian istrator’s absence. In fact, the Deputy marks as a ‘‘2001 Kid-Friendly City.’’ I employees. Since the inception of this Administrator position was made sub- am delighted that Santa Clara is such program, Presidents Ford, Carter, ject to Senate confirmation a little an outstanding place for children and Reagan, Bush, Clinton and President over ten years ago, with the passage of families. And Santa Clara’s Code of George W. Bush have all signed State- the Small Business Reauthorization Ethics and Values has been getting na- ments of Support, along with hundreds and Amendments Act of 1990, precisely tional attention as a model for using of thousands of employers, including because the Congress recognized its im- shared values to guide a city. Dell Computer Corporation, Xerox, the portance to the management of the While Santa Clara receives national Society for Human Resource Manage- Agency. During the nomination proc- attention, a 2000 public opinion survey ment and the U.S. Chamber of Com- ess, the Committee received assurances found that the residents of Santa Clara merce. To date, over 300,000 employers from Mrs. Sabelhaus and Adminis- feel their city is one of the best places have signed statements of support. Ad- trator Barreto that one or both would in America to live. This local pride is ditionally, the strategic alliance be on hand to run the SBA on a daily one of the things that makes this city formed in 1998 between ESGR and the basis, barring extraordinary cir- such a California treasure. U.S. Chamber of Commerce resulted in cumstances. Santa Clara is home to California’s more than 1,200 chambers of commerce The SBA’s role is vital to our con- first school of higher learning, Santa nationwide signing a Statement of tinuing economic well-being, especially Clara University, established in 1851. Support for the Guard and Reserve. now as we seek to improve our econ- At the center of campus is the beau- ESGR offers Ombudsman services de- omy. Loan programs, technical assist- tiful Mission Santa Clara de Asis, the signed to provide information to em- ance programs and contracting pro- eighth of the original 21 California mis- ployers and Reservists regarding their grams are just a few of the tools the sions. rights and responsibilities under the SBA has to help small businesses—and I am thrilled that the City of Santa law, and to resolve conflicts through a small sample of the issues Mrs. Clara, its local government and its informal mediation. These services op- Sabelhaus will face on a daily basis as residents maintain such a strong com- erate in cooperation with the Depart- she seeks to aid the Administrator in munity spirit while its high-tech comment of Labor. ESGR volunteers in 54 implementing the President’s policies panies provide new products to change U.S. States and territories contribute

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2408 CONGRESSIONAL RECORD — SENATE April 9, 2002 thousands of hours of effort rep- WE THE PEOPLE COMPETITION came together to make considerable resenting millions of dollars of volun- ∑ Mr. HOLLINGS. Madam President, I improvements to the facility. teer service in support of ESGR pro- want to recognize the 20 students of Rhona Charbonneau has set a posi- grams, its services, and the men and Wilson High School in Florence, SC, tive example for not only the community of Hudson, but for the entire Gran- women of our nation’s Reserve forces. who will be visiting the Capitol in ite State. By consistently working to The National Committee for Em- early May to compete in the national improve her community she has shown ployer Support of the Guard and Re- finals of the ‘‘We The People . . . The a tremendous dedication to the com- serve is smart government in action. Citizen and the Constitution’’ program. munity in which she and her family The small ESGR staff in Arlington, VA Right now the students are conducting have lived for more than 50 years. She under the direction of the Assistant research and preparing for the contest, has brought high profile political fig- Secretary of Defense for Reserve Af- which will test their knowledge of the ures to the town, whereby she allowed fairs provides guidance and support to Constitution and the Bill of Rights a forum for candidates to share their a network of 4,200 volunteer business, against 1,200 students from across the civic, and community leaders. beliefs as well as bringing the spotlight country. They have earned the trip by to the ever growing town of Hudson. I ESGR educates employers on their showing they were the best of the best rights and obligations under the law applaud her commitment and con- in a statewide contest in February. gratulate her on being named this and recognize employers who actively Obviously, I hope my fellow South support employee participation in the year’s Citizen of the Year. It is truly Carolinians win it all, but whatever an honor to represent her in the U.S. Guard and Reserve. ESGR also edu- happens, we are all winners in this Senate.∑ cates members of the National Guard country. When young people, on their and Reserve in regards to their rights own, want to understand the funda- f and responsibilities to the value of mental principles and values of our de- THE 110TH ANNIVERSARY OF THE their employers support. Committees mocracy, they are more likely to vote. DAILY CARDINAL can be found in all 50 States, the Dis- They are more likely to participate in ∑ Mr. KOHL. Madam President, I am trict of Columbia, Puerto Rico, the political life. They are more likely to proud to rise today to honor the Daily Virgin Islands, and Guam. take serious the civic duties that this Cardinal, one of the student news- With the end of the cold war, the Re- nation needs of our citizens in the new papers at the University of Wisconsin- serve components have been called century. Madison, on this the occasion of its with increasing frequency. During the I wish the very best to the Wilson Ti- 110th anniversary. For 110 years, Car- Gulf War in 1990–1991, more than 250,000 gers: Jessica Anderson, Whitney Ben- dinal reporters, photographers, and edi- Reserve component members were jamin, Carol Chen, Cameron Coker, tors have educated and entertained called to active duty to support mili- Katherine Collar, Joshua Croteau, Mat- their peers. As one of the nation’s old- tary operations in the Persian Gulf. thew Daniels, Leon Dock, Cara est student-run papers, it is truly a Since the start of Operation Noble Dowling, Christine Gonzales, Latrese treasure of the State and its univer- Eagle and Enduring Freedom, more McElveen, Matthew Meggs, Philip Mil- sity. than 80,000 National Guard and Reserve ler, Virginia Munson, Ashley Neel, Since the newspaper’s establishment troops have been activated and are Dacey Riley, Elinor Rooks, Gregory in 1892 by a University of Wisconsin- playing a critical role. Schuetz, Priscilla Suggs, and Jingtian Madison student, thousands of young Thousands of employers, local and Yu.∑ journalists have covered some of the most important issues and events fac- State government officials, Active and f Reserve component leaders, and mili- ing the university, the community, and tary members from across the Nation TRIBUTE TO RHONA the country. Cardinal contributors and around the world request ESGR’s CHARBONNEAU have simultaneously developed strong employer support expertise on a daily ∑ Mr. SMITH of New Hampshire. journalistic skills and informed their basis. When Guardsmen and Reservists Madam President, I rise today to pay community by covering such impor- return home following mobilization, tribute to Rhona Charbonneau, of Hud- tant events as the United States’ dec- ESGR committee members are there to son, NH. Charbonneau has been named laration of war in 1941 to the assassina- provide information and support serv- the Greater Hudson Chamber of Com- tion of Dr. Martin Luther King Jr., and ices to those in need. merce Citizen of the Year for her out- most recently, the events and after- The U.S. Congress passed the Uni- standing devotion and positive influ- math of September 11. Furthermore, the staffs of the Cardinal have served formed Services Employment and Re- ence to the community. their journalistic role as public watch- employment Rights Act, USERRA, of I commend her active role in both dog throughout its history, and have 1994, and updated it in 1996. This law the local and State governments. By undoubtably made their university, completely revised the Veterans Reem- serving as Town Selectman, and as Se- ployment Rights Act of 1940. USERRA community, and State better for it. lectmen’s Representative to the plan- As an alumni of the University of articulates the rights and responsibil- ning Board, Charbonneau has been able ities of Guard and Reserve members Wisconsin, it is my great honor to con- to serve her community in many ca- gratulate the Daily Cardinal for 110 with regard to job protection and ex- pacities. Aside from these positions, years of dedicated and quality student plains employer rights under Federal she currently serves as a member of journalism, and I wish them all the law. ESGR helps employers and Re- the Board for the Salvation Army as best as they extend this tradition.∑ servists understand this law and helps well as the Advisory Board to the Com- them informally resolve any employ- munity Council. Even more eager to f ment conflicts that may arise. serve the community of Hudson, she CONGRATULATIONS TO THE Again, I want to congratulate ESGR also works as a representative on the FRANKLIN ELECTRIC PLANT and its 54 ESGR committees on their 30 State level, serving on the BOARD years of service and commend this net- Hillsborough County Board of Commis- ∑ Mr. BUNNING. Madam President, work of over 4,200 volunteer patriots sioners and the New Hampshire Fi- today I rise to congratulate the Frank- for their time and talent. They are nance Authority. lin Electric Plant Board for winning serving their country and maintaining Aside from serving in advisory capac- the Public Power Association’s 2001 the much needed support of our em- ities for numerous organizations and Electric Utility Safety Award for safe ployers and communities for the Guard boards, Charbonneau has worked hard operating practices. The Franklin and Reserve. Through the efforts of to improve the Lion’s Hall. Under her Plant Board earned this top honor in agencies like ESGR, we can call on our request, the Department of Corrections the category for utilities with 25,000 Reserve forces to answer the Nation’s sent a community service group to worker-hours of annual worker expo- call without the fear of job loss. paint and do repairs, leaving the Lion’s sure. Thank you Madam President, and Hall with a fresh face. Because of her The Franklin Plant was one of more thank you ESGR.∑ creative thinking, other departments than 200 utilities to enter the contest,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2409 which has been held annually for the In addition to a career of honorable EULOGY FOR LORAL JOHNSON last 42 years. The various entrants service, Robert Tunstall has built a ∑ Mr. NELSON of Nebraska. Madam were placed into separate categories fine family as well. He is married to President, while I was home in Ne- based on their size and were judged ac- Rae Ann; they have a son, Brett, a braska, a great Nebraska citizen passed cording to their 2001 incident rate. This daughter, Brooke, and a grandson, away. Loral Johnson was a newspaper Matthew Martinez. I am proud to rate is based on the number of worker- publisher in southwestern Nebraska honor this fellow Oregonian today and related reportable injuries or illnesses and a pillar of his community. I hope that Oregon and the nation ben- and the number of worker-hours during He began working in the newspaper efit from many more years of his public 2001, as defined by the Occupational business at age 9 as a ‘‘printer’s devil.’’ service.∑ Safety and Health Administration. He started at the Imperial Republican I ask that my fellow colleagues join f newspaper as a linotype operator fol- me in recognizing the Franklin Elec- TRIBUTE TO DR. JOAN R. LIETZEL lowing graduation from high school in tric Plant Board for its ongoing and ∑ Mr. SMITH of New Hampshire. 1952. He purchased the paper with his unwavering commitment to safety and wife, Elna, in 1968. the community. Not only is the Frank- Madam President, I rise today to pay tribute to Dr. Joan R. Lietzel, Presi- Loral Johnson was well respected and lin Plant focused on serving the elec- known by his colleagues as an innova- tric needs of its 4,680 customers, but it dent of the University of New Hamp- shire. President Lietzel has been tive newspaperman. Johnson’s editorial has proven its dedication to providing pages were often positive and progres- a safe atmosphere where employees can named this year’s recipient of The Charles Holmes Pettee Medal for out- sive, calling on community members to work without fear of serious injury or move forward and always striving to illness.∑ standing accomplishment and distinguished service to the State of New make Imperial a better place for cur- f Hampshire. rent and future generations. He was in- TRIBUTE TO ROBERT L. The Pettee Medal was established in ducted into the Nebraska Journalism TUNSTALL 1940 by the University of New Hamp- Hall of Fame and was named a master- ∑ Mr. WYDEN. Madam President, Mr. shire Alumni Association and the Uni- editor publisher, the highest award of Robert L. Tunstall of Oregon has spent versity Board of Trustees, in memory the Nebraska Press Association. John- a lifetime in service to his fellow of the late Dean Pettee. This medal is son’s Imperial Republican was also Americans—as a member of the U.S. awarded annually to a resident or among the first weekly papers to print Marine Corps, as a U.S. postal worker, former resident of the State of New on an offset press and to use com- and as a dedicated representative of his Hampshire in recognition of out- puters. standing accomplishment or distin- many colleagues in the Postal Service. However, Loral Johnson will be re- In November 1998, Mr. Tunstall was guished service of any form to the membered as far more than just a elected to the third-highest office of State, Nation, or world. The Pettee newspaper publisher. He was also a key the American Postal Workers Union Medal represents a rare devotion of leader in his community and his AFL–CIO, becoming the organization’s service as was expressed by the life church. He was a member of the school commitment and service of Dean secretary-treasurer. Prior to that elec- board for 28 years, a co-founder and Pettee. tion, Mr. Tunstall was twice chosen as board member of the local nursing I applaud the contributions that Dr. director of the union’s clerk division, home for 33 years, and secretary for the Lietzel has made to the University of Imperial Planning Commission for 21 serving from 1992 to 1998. New Hampshire since her appointment Mr. Tunstall’s illustrious service years. His important contributions to in 1996 as the President of the univer- record with the APWU spans more than education and health care will be re- sity. Since her arrival, Lietzel has three decades. He became president of membered for many years to come. worked tirelessly to raise the level of the Portland, OR local in 1974 and While we will miss Loral Johnson excellence in academic programs as greatly, it is comforting to know that served until 1976. He followed that serv- well as the day to day operation of the ice as a national representative from his two daughters and a son-in-law are university. During her tenure, Lietzel continuing the tradition of excellent 1976–1978, national vice-president for has successfully run the most aggres- the Seattle region from 1978–1985, and journalism in Imperial. His family and sive capital campaign in the history of the devotion to community that he has as assistant clerk division director the university, as well as implementing from 1985 until 1992. Mr. Tunstall also passed on to them and so many others new financial and fiscal management are his greatest legacy.∑ represented APWU members as a mem- policies. Her vision and commitment ber of the rank and file bargaining ad- have taken the university’s academic f visory committee in 1975 and as chair- standard to a higher level, as well as man of the appeals committee in 1982. TRIBUTE TO RAY BURKE successfully increasing the amount of ∑ Mr. Tunstall’s employment with the research funding the university re- Mr. JEFFORDS. Madam President, I U.S. Postal Service began nearly 40 ceives. rise today to congratulate and thank years ago. In 1963, after completing Previous to her stay at UNH, Dr. Ray Burke of Berlin, Vermont, for over four years in the U.S. Marine Corps. Lietzel served as the Senior Vice-Chan- 30 years of service as Vermont’s high- Mr. Tunstall was hired as a distribu- cellor for Academic Affairs at the Uni- way dispatcher. Ray retires at the end tion clerk. He went on to hold numer- versity of Nebraska-Lincoln, where she of this month from the Vermont Agen- ous positions, including stamp supply was an accomplished educator and cy of Transportation and he will be clerk, bulk mail clerk, postage due worked to improve the program and missed heartily. clerk, box section clerk and pouch rack budget planning. Dr. Lietzel also Humorist Kin Hubbard once said, clerk. served as a professor at Ohio State Uni- ‘‘Don’t knock the weather; nine-tenths Mr. Tunstall was born in Sioux Falls, versity, in the Department of Mathe- of the people couldn’t start a conversa- SD, but raised and educated in Port- matics. tion if it didn’t change once in a land, OR. After graduating from Port- On behalf of the citizens of New while.’’ I suppose then that the art of land’s Jefferson High School, he at- Hampshire, I would like to thank Dr. conversation is easiest for Vermonters, tended Multnomah Junior College, Joan Lietzel for her endless dedication especially during the winter months. where he made the dean’s list in 1967; to academic excellence. She has set a For most of us, that conversation often he earned a Bachelor of Arts degree at positive example for educators across turns into complaining futilely about Portland State University in 1969. the Granite State, as well as the Na- the weather, except, of course, when Later, in 1977, Mr. Tunstall earned a tion. My congratulations to Dr. Lietzel Ray was talking. And Ray, as dis- law degree at Northwestern School of as she accepts this year’s Pettee Medal patcher, is known for his talking. Law at Lewis and Clark College. Mr. for her distinguished service in the For 32 years, Vermonters have relied Tunstall has taught at the Labor Edu- State of New Hampshire. It is truly an on Ray’s constant updates and infor- cation Research Center of the Univer- honor to represent her in the U.S. Sen- mation on which roads were being sity of Oregon. ate.∑ treated with salt and sand, which

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2410 CONGRESSIONAL RECORD — SENATE April 9, 2002 routes we should avoid altogether, and quarters of Fiscal Year 2001 in support EC–6375. A communication from the Regu- how serious driving conditions were or of Plan Colombia. lations Coordinator, Health Resources and were likely to become. And, of course, GEORGE BUSH. Services Administration, Department of most importantly, Ray always re- THE WHITE HOUSE, April 9, 2002. Health and Human Services, transmitting, pursuant to law, the report of a rule entitled minded us to drive safely. Snow and ice f ‘‘Compliance Alternatives for Provision of can be unpredictable and dangerous at REPORT PREPARED BY THE NA- Uncompensated Services’’ (RIN0906–AA52) re- their worst; Ray, at his best and al- TIONAL SCIENCE BOARD ENTI- ceived on April 1, 2002; to the Committee on ways on the job, kept Vermonters’ Health, Education, Labor, and Pensions. TLED ‘‘SCIENCE AND ENGINEER- EC–6376. A communication from the Assist- safety as his top priority. ING INDICATORS—2002’’—PM 80 Heavy snowfalls, black ice, sleet, and ant Secretary, Occupational Safety and freezing rain made Ray’s work impor- The PRESIDING OFFICER laid be- Health Administration, Department of fore the Senate the following message Labor, transmitting, pursuant to law, the re- tant and difficult. More challenging port of a rule entitled ‘‘29 CFR 1979, Proce- than Vermont’s natural arsenal of in- from the President of the United States, together with an accompanying dures for the Handling of Discrimination clement weather, however, was Ray’s Complaints under Section 519 of the Wendell ability to always be there when we report; which was referred to the Com- H. Ford Aviation Investment and Reform needed him. This is extraordinary be- mittee on Commerce, Science, and Act for the 21st Century’’ (RIN1218–AB99) re- cause Ray has a disease that has slowly Transportation: ceived on April 4, 2002; to the Committee on taken away his sight, although it has Health, Education, Labor, and Pensions. To the Congress of the United States: EC–6377. A communication from the Prin- never disrupted his sense of service to As required by 42 U.S.C. 1863(j)(1), I cipal Deputy Associate Administrator of the Vermonters or his spirit. am pleased to submit to the Congress a Environmental Protection Agency, transmit- Ray has never stopped. His disability report prepared by the National ting, pursuant to law, the report of a rule en- has never beaten him; his disability Science Board entitled, ‘‘Science and titled ‘‘Revocation of Certain Obsolete Tol- has never even slowed him. Aside from engineering Indicators—2002.’’ This re- erance Exemptions’’ (FRL6833–3) received on dispatching trucks and plows to deal port represents the fifteenth in the se- April 3, 2002; to the Committee on Agri- with winter weather, Ray plays the ries examining key aspects of the sta- culture, Nutrition, and Forestry. EC–6378. A communication from the Prin- saxophone in his band, Stretch and the tus of science and engineering in the cipal Deputy Associate Administrator of the Limits, along with drummer Conrad United States. Environmental Protection Agency, transmit- ‘‘Stretch’’ Normandeau and GEORGE BUSH. ting, pursuant to law, the report of a rule en- keyboardist Jim Thompson. THE WHITE HOUSE, April 9, 2002. titled ‘‘Furilazole; Pesticide Tolerance’’ I would like to close with a personal f (FRL6828–4) received on April 3, 2002; to the message to Ray. You will be missed Committee on Agriculture, Nutrition, and EXECUTIVE AND OTHER dearly by every Vermonter who lis- Forestry. COMMUNICATIONS tened to you update conditions on the EC–6379. A communication from the Ad- ministrator, Agricultural Marketing Serv- news, by the plow drivers who relied on The following communications were laid before the Senate, together with ice, Fruit and Vegetable Programs, Depart- your information, and by everyone who ment of Agriculture, transmitting, pursuant has learned to live with Vermont’s accompanying papers, reports, and doc- to law, the report of a rule entitled ‘‘Raisins weather with the help of your advice uments, which were referred as indi- Produced from Grapes Grown in California; and forecasts.∑ cated: Extension of Redemption Date for Unsold EC–6369. A communication from the Dep- 2001 Diversion Certificates’’ (Doc. No. FV02– f uty Secretary of Defense, transmitting, pur- 989–3 FIR) received on April 3, 2002; to the MESSAGES FROM THE PRESIDENT suant to law, a report on the allocation of Committee on Agriculture, Nutrition, and Department of Defense resources to mission Forestry. Messages from the President of the and support activities, as required by Sec- EC–6380. A communication from the Ad- United States were communicated to tion 915 of the National Defense Authoriza- ministrator, Agricultural Marketing Serv- the Senate by Ms. Evans, one of his tion Act for Fiscal Year 1999; to the Com- ice, Fruit and Vegetable Programs, Depart- secretaries. mittee on Armed Services. ment of Agriculture, transmitting, pursuant EC–6370. A communication from the Under to law, the report of a rule entitled ‘‘Sweet f Secretary of Defense, Comptroller, transmit- Cherries Grown in Designated Counties in EXECUTIVE MESSAGES REFERRED ting, pursuant to law, a report specifying the Washington; Order Amending Marketing projects and accounts to which funds pro- Agreement and Order No. 923’’ (Doc. No. As in executive session the Presiding vided in Chapter 3 (in the Defense Emer- 99AMS–FV–923–A1; FV00–923–1) received on Officer laid before the Senate messages gency Response Fund) are to be transferred; April 3, 2002; to the Committee on Agri- from the President of the United to the Committee on Armed Services. culture, Nutrition, and Forestry. States submitting sundry nominations EC–6371. A communication from the Under EC–6381. A communication from the Ad- which were referred to the appropriate Secretary of Defense, Acquisition, Tech- ministrator, Agricultural Marketing Serv- committees. nology and Logistics, transmitting, the an- ice, Fruit and Vegetable Programs, Depart- (The nominations received today are nual Selected Acquisition Reports (SARs) for ment of Agriculture, transmitting, pursuant the quarter ending December 31, 2001; to the to law, the report of a rule entitled ‘‘Tart printed at the end of the Senate pro- Committee on Armed Services. Cherries Grown in the State of Michigan, et ceedings.) EC–6372. A communication from the Assist- al.; Suspension of Provisions Under the Fed- f ant to the Federal Reserve Board, transmit- eral Marketing Order for Tart Cherries’’ ting, pursuant to law, the report of a rule en- (Doc. No. FV01–930–5 FIR) received on April REPORT DETAILING THE titled ‘‘Amendments to Official Staff Com- 3, 2002; to the Committee on Agriculture, Nu- PROGRESS OF SPENDING BY THE mentary for Truth in Lending (Regulations trition, and Forestry. EXECUTIVE BRANCH DURING Z) and Technical Amendments to Regulation EC–6382. A communication from the Ad- THE LAST TWO QUARTERS OF Z’’ received on April 4, 2002; to the Com- ministrator, Agricultural Marketing Serv- FISCAL YEAR 2001 IN SUPPORT mittee on Banking, Housing, and Urban Af- ice, Fruit and Vegetable Programs, Depart- OF PLAN COLOMBIA—PM 79 fairs. ment of Agriculture, transmitting, pursuant EC–6373. A communication from the Direc- to law, the report of a rule entitled ‘‘Tart The PRESIDING OFFICER laid be- tor of the Policy Directives and Instructions Cherries Grown in States of Michigan, et al.; fore the Senate the following message Branch, Immigration and Naturalization Temporary Suspension of a Provision Re- from the President of the United Service, Department of Justice, transmit- garding a Continuance Referendum Under States, together with an accompanying ting, pursuant to law, the report of a rule en- the Tart Cherry Marketing Order’’ (Doc. No. titled ‘‘Increase of the Immigration User Fee report; which was referred to the Com- FV01–930–4 FR) received on April 3, 2002; to From $6 to $7’’ ((RIN115–AG 46) (INS No. 2179– the Committee on Agriculture, Nutrition, mittee on Foreign Relations: 01)) received on April 3, 2002; to the Com- and Forestry. To the Congress of the United States: mittee on the Judiciary. EC–6383. A communication from the Ad- Pursuant to section 3204(e), of Public EC–6374. A communication from the Chair- ministrator, Agricultural Marketing Serv- man of the Federal Energy Regulatory Com- ice, Fruit and Vegetable Programs, Depart- Law 106–246, I am providing a report mission, transmitting, pursuant to law, the ment of Agriculture, transmitting, pursuant prepared by my Administration detail- Commission’s Annual Report for Fiscal Year to law, the report of a rule entitled ‘‘Walnuts ing the progress of spending by the ex- 2001; to the Committee on Energy and Nat- Grown in California; Decreased Assessment ecutive branch during the last two ural Resources. Rate’’ (Doc . No. FV01–984–1 IFR) received on

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2411 April 3, 2002; to the Committee on Agri- for Air Quality Planning Purposes; Nevada’’ Environmental Protection Agency, transmit- culture, Nutrition, and Forestry. (FRL7167–3) received on April 3, 2002; to the ting, pursuant to law, the report of a rule en- EC–6384. A communication from the Ad- Committee on Environment and Public titled ‘‘Approval and Promulgation of Imple- ministrator, Agricultural Marketing Serv- Works. mentation Plans: Kentucky: Nitrogen Oxides ice, Fruit and Vegetable Programs, Depart- EC–6395. A communication from the Prin- Budget and Allowance Trading Program’’ ment of Agriculture, transmitting, pursuant cipal Deputy Associate Administrator of the (FRL7169–7) received on April 5, 2002; to the to law, the report of a rule entitled ‘‘Raisins Environmental Protection Agency, transmit- Committee on Environment and Public Produced from Grapes Grown in California; ting, pursuant to law, the report of a rule en- Works. Final Free and Reserve Percentages for 2001– titled ‘‘Approval and Promulgation of Imple- EC–6404. A communication from the Prin- 02 Crop Natural (sun-dried) Seedless and mentation Plans Commonwealth of Ken- cipal Deputy Associate Administrator of the Other Seedless Raisins’’ (Doc. No. FV02–989– tucky: Approval or Revision to the 1-Hour Environmental Protection Agency, transmit- 4 IFR) received on April 3, 2002; to the Com- Ozone Maintenance State Implementation ting, pursuant to law, the report of a rule en- mittee on Agriculture, Nutrition, and For- Plans for the Edmonson County and the titled ‘‘Approval and Promulgation of Imple- estry. Owensboro-Daviess County Area; Correc- mentation Plans: Revision to the Alabama EC–6385. A communication from the Ad- tion’’ (FRL7168–6) received on April 3, 2002; to Department of Environmental Management ministrator, Rural Housing Service, Depart- the Committee on Environment and Public (ADEM) Administrative Code for the Air Pol- ment of Agriculture, transmitting, pursuant Works. lution Control Program’’ (FRL7169–1) re- to law, the report of a rule entitled ‘‘Guaran- EC–6396. A communication from the Prin- ceived on April 5, 2002; to the Committee on teed Rural Rental Housing (7 CFR 3565)’’ cipal Deputy Associate Administrator of the Environment and Public Works. (RIN0575–AC26) received on April 4, 2002; to Environmental Protection Agency, transmit- EC–6405. A communication from the Prin- the Committee on Agriculture, Nutrition, ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the and Forestry. titled ‘‘Hazardous Waste Management Sys- Environmental Protection Agency, transmit- EC–6386. A communication from the Regu- tem; Identification and Listing of Hazardous ting, pursuant to law, the report of a rule en- lations Coordinator, Center for Medicare and Waste; Paint Production Wastes; Land Dis- titled ‘‘Washington: Final Authorization of Medicaid Services, Department of Health posal Restrictions for Newly Identified State Hazardous Waste Management Pro- and Human Services, transmitting, pursuant Wastes; and CERCLA Hazardous Substances gram Revision’’ (FRL7168–8) received on to law, the report of a rule entitled ‘‘Medi- Designation and Reportable Quantities; April 5, 2002; to the Committee on Environ- care Program; Negotiated Rulemaking: Cov- Final Determination’’ (FRL7167–8) received ment and Public Works. erage and Administrative Policies for Clin- on April 3, 2002; to the Committee on Envi- EC–6406. A communication from the Prin- ical Diagnostic Laboratory Services’’ ronment and Public Works. cipal Deputy Associate Administrator of the (RIN0938–AL03) received on April 1, 2002; to EC–6397. A communication from the Prin- Environmental Protection Agency, transmit- the Committee on Finance. cipal Deputy Associate Administrator of the ting, a report entitled ‘‘EPA Policy Towards EC–6387. A communication from the Chief Environmental Protection Agency, transmit- Privately-Owned Formerly Used Defense of the Regulations Unit, Internal Revenue ting, pursuant to law, the report of a rule en- Sites’’; to the Committee on Environment Service, Department of the Treasury, trans- titled ‘‘Interim Final Determination that and Public Works. EC–6407. A communication from the Prin- mitting, pursuant to law, the report of a rule the State of California Has Corrected Defi- cipal Deputy Associate Administrator of the entitled ‘‘Time for Eligible Air Carriers to ciencies and Stay of Sanctions, South Coast Environmental Protection Agency, transmit- File the Third Calendar Quarter 2001 Form Air Quality Management District’’ ting, a report entitled ‘‘Guidance Document 720’’ ((RIN1545–BA42)(TD 8983)) received on (FRL7158–9) received on April 3, 2002; to the Committee on Environment and Public on Determination of the Appropriate Fqpa April 3, 2002; to the Committee on Finance. Safety Factor(s) in Tolerance Assessment’’; EC–6388. A communication from the Chief Works. EC–6398. A communication from the Prin- to the Committee on Environment and Pub- of the Regulations Unit, Internal Revenue cipal Deputy Associate Administrator of the lic Works. Service, Department of the Treasury, trans- Environmental Protection Agency, transmit- EC–6408. A communication from the Direc- mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- tor of the Fish and Wildlife Service, Depart- entitled ‘‘Appeals Settlement Guidelines: titled ‘‘National Emission Standards for Haz- ment of the Interior, transmitting, pursuant Dollar-Value LIFO Earliest Acquisition ardous Air Pollutants From the Portland Ce- to law, the report of a rule entitled ‘‘Endan- Value’’ (UIL 472 .08–10) received on April 3, ment Manufacturing Industry’’ (FRL7168–1) gered and Threatened Wildlife and Plants; 2002; to the Committee on Finance. received on April 3, 2002; to the Committee Designation of Critical Habitat for the Quino EC–6389. A communication from the Chief on Environment and Public Works. Checkerspot Butterfly (Euphydryas editha of the Regulations Unit, Internal Revenue EC–6399. A communication from the Prin- quino)’’ (RIN 1018–AH03) received on April 8, Service, Department of the Treasury, trans- cipal Deputy Associate Administrator of the 2002; to the Committee on Environment and mitting, pursuant to law, the report of a rule Environmental Protection Agency, transmit- Public Works. entitled ‘‘IRS Announces New Position With ting, pursuant to law, the report of a rule en- EC–6409. A communication from the Pro- Regard to Consolidated Return Loss Dis- titled ‘‘Revisions to the California State Im- gram Analyst of the Federal Aviation Ad- allowance Rule’’ (Notice 2002–11, 2002–7 IRB) plementation Plan, San Joaquin Valley Uni- ministration, Department of Transportation, received on April 3, 2002; to the Committee fied Air Pollution Control District’’ transmitting, pursuant to law, the report of on Finance. (FRL7164–6) received on April 3, 2002; to the a rule entitled ‘‘Airspace Actions Modifica- EC–6390. A communication from the Prin- Committee on Environment and Public tion of Class E Airspace; Ashland, OH’’ cipal Deputy Associate Administrator of the Works. ((RIN2120–AA66) (2002–0051)) received on April Environmental Protection Agency, transmit- EC–6400. A communication from the Prin- 5, 2002; to the Committee on Commerce, ting, a report entitled ‘‘Definition of Soil cipal Deputy Associate Administrator of the Science, and Transportation. Sample’’; to the Committee on Environment Environmental Protection Agency, transmit- EC–6410. A communication from the Pro- and Public Works. ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- EC–6391. A communication from the Prin- titled ‘‘Revisions to the California State Im- ministration, Department of Transportation, cipal Deputy Associate Administrator of the plementation Plan, South Coast Air Quality transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- Management District’’ (FRL7158–7) received a rule entitled ‘‘Modification of Class E Air- ting, a report entitled ‘‘Use of ASTM Stand- on April 3, 2002; to the Committee on Envi- space; Portsmouth, OH’’ ((RIN2120–AA66) ards’’; to the Committee on Environment ronment and Public Works. (2002–0050)) received on April 5, 2002; to the and Public Works. EC–6401. A communication from the Prin- Committee on Commerce, Science, and EC–6392. A communication from the Prin- cipal Deputy Associate Administrator of the Transportation. cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- EC–6411. A communication from the Pro- Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- ting, a report entitled ‘‘Definition of Wipe titled ‘‘Revisions to the California State Im- ministration, Department of Transportation, Sample’’; to the Committee on Environment plementation Plan, South Coast Air Quality transmitting, pursuant to law, the report of and Public Works. Management District’’ (FRL7165–2) received a rule entitled ‘‘Modification of Class E Air- EC–6393. A communication from the Prin- on April 3, 2002; to the Committee on Envi- space; Washington Court House, OH’’ cipal Deputy Associate Administrator of the ronment and Public Works. ((RIN2120–AA66) (2002–0049)) received on April Environmental Protection Agency, transmit- EC–6402. A communication from the Prin- 5, 2002; to the Committee on Commerce, ting, a report entitled ‘‘Lead and Copper cipal Deputy Associate Administrator of the Science, and Transportation. Monitoring and Reporting Guidance for Pub- Environmental Protection Agency, transmit- EC–6412. A communication from the Pro- lic Water Systems’’; to the Committee on ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- Environment and Public Works. titled ‘‘Revisions to the California State Im- ministration, Department of Transportation, EC–6394. A communication from the Prin- plementation Plan, Monterey Bay Unified transmitting, pursuant to law, the report of cipal Deputy Associate Administrator of the Air Pollution Control District’’ (FRL7160–8) a rule entitled ‘‘Modification of Class East Environmental Protection Agency, transmit- received on April 3, 2002; to the Committee Airspace; Twentynine Palms, CA’’ ((RIN2120– ting, pursuant to law, the report of a rule en- on Environment and Public Works. AA66) (2002–0048)) received on April 5, 2002; to titled ‘‘Approval and Promulgation of Imple- EC–6403. A communication from the Prin- the Committee on Commerce, Science, and mentation Plans and Designation of Areas cipal Deputy Associate Administrator of the Transportation.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2412 CONGRESSIONAL RECORD — SENATE April 9, 2002 EC–6413. A communication from the Pro- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘IFR Altitudes; Miscella- Transportation. ministration, Department of Transportation, neous Amendments (24); Amdt. No. 434’’ EC–6432. A communication from the Dep- transmitting, pursuant to law, the report of ((RIN2120–AA63)(2002–0002)) received on April uty Assistant Chief Counsel for Safety, Fed- a rule entitled ‘‘Establishment of Class E 5, 2002; to the Committee on Commerce, eral Railroad Administration, Department of Airspace; Flint, MI’’ ((RIN2120–AA66) (2002– Science, and Transportation. Transportation, transmitting, pursuant to 0047)) received on April 5, 2002; to the Com- EC–6423. A communication from the Pro- law, the report of a rule entitled ‘‘Loco- mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- motive Cab Working Conditions’’ (RIN2130– tation. ministration, Department of Transportation, AA89) received on April 5, 2002; to the Com- EC–6414. A communication from the Pro- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Standard Instrument Ap- tation. ministration, Department of Transportation, proach Procedures; Miscellaneous Amend- EC–6433. A communication from the Trial transmitting, pursuant to law, the report of ments (65); Amdt. No. 2093’’ ((RIN2120– Attorney, Federal Railroad Administration, a rule entitled ‘‘Revision of Class E Airspace; AA65)(2002–0019)) received on April 5, 2002; to Department of Transportation, transmitting, Cedar City, UT’’ ((RIN2120–AA66) (2002–0046)) the Committee on Commerce, Science, and pursuant to law, the report of a rule entitled received on April 5, 2002; to the Committee Transportation. ‘‘Brake System Safety Standards for Freight on Commerce, Science, and Transportation. EC–6424. A communication from the Pro- and Other Non-Passenger Trains and Equip- EC–6415. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ment; End-of-Train Devices’’ (RIN2130–AB52) gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, received on April 5, 2002; to the Committee ministration, Department of Transportation, transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- EC–6434. A communication from the Sec- a rule entitled ‘‘Airworthiness Directives: proach Procedures; Miscellaneous Amend- retary of Health and Human Services, trans- Boeing Model 737–600, –700, –700C, and –800 Se- ments (9); Amdt. No. 2095’’ ((RIN2120– mitting, pursuant to law, the Service’s An- ries Airplanes’’ ((RIN2120–AA64)(2002–0178)) AA65)(2002–0020)) received on April 5, 2002; to nual Surplus Property Report for Fiscal received on April 5, 2002; to the Committee the Committee on Commerce, Science, and Year 2001; to the Committee on Govern- on Commerce, Science, and Transportation. Transportation. mental Affairs. EC–6416. A communication from the Pro- EC–6425. A communication from the Pro- EC–6435. A communication from the Chair- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- man of UNICOR, Federal Prison Industries, ministration, Department of Transportation, ministration, Department of Transportation, Inc. Department of Justice, transmitting, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of pursuant to law, the Annual Report entitled a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Modification of Class E Air- ‘‘Securing the Future’’ for Fiscal Year 2001; Airbus Model A319 Series Airplanes and space; Zanesville, OH’’ ((RIN2120–AA66)(2002– to the Committee on Governmental Affairs. A320–200 Series Airplanes’’ ((RIN2120– 0053)) received on April 5, 2002; to the Com- EC–6436. A communication from the Sec- AA64)(2002–0179)) received on April 5, 2002; to mittee on Commerce, Science, and Transpor- retary of the Department of Housing and the Committee on Commerce, Science, and tation. Urban Development, transmitting, pursuant Transportation. EC–6426. A communication from the Pro- to law, the Department’s Performance and EC–6417. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Accountability Report for Fiscal Year 2001; gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, to the Committee on Governmental Affairs. ministration, Department of Transportation, transmitting, pursuant to law, the report of EC–6437. A communication from the Chief transmitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Air- Judge, Superior Court of the District of Co- a rule entitled ‘‘Standard Instrument Ap- space; Youngstown-Warren Regional Airport, lumbia, transmitting, pursuant to law, the proach Procedures; Miscellaneous Amend- OH; CORRECTION’’ ((RIN2120–AA66)(2002– report of the Family Court Transition Plan ments (40); Amdt. No. 2097’’ ((RIN2120– 0054)) received on April 5, 2002; to the Com- dated April 5, 2002; to the Committee on Gov- AA65)(2002–0021)) received on April 5, 2002; to mittee on Commerce, Science, and Transpor- ernmental Affairs. the Committee on Commerce, Science, and tation. EC–6438. A communication from the Chair- Transportation. EC–6427. A communication from the Pro- man of the Federal Regulatory Commission, EC–6418. A communication from the Pro- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the Commis- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, sion’s Annual Performance Report for Fiscal ministration, Department of Transportation, transmitting, pursuant to law, the report of Year 2001; to the Committee on Govern- transmitting, pursuant to law, the report of a rule entitled ‘‘Revocation of Class E Air- mental Affairs. a rule entitled ‘‘Standard Instrument Ap- space; Umiat, AK’’ ((RIN2120–AA66)(2002– EC–6439. A communication from the Presi- proach Procedures; Miscellaneous Amend- 0055)) received on April 5, 2002; to the Com- dent and Chief Executive Officer, Overseas ments (52); Amdt. No. 2098’’ ((RIN2120– mittee on Commerce, Science, and Transpor- Private Investment Corporation (OPIC), AA65)(2002–0022)) received on April 5, 2002; to tation. transmitting, pursuant to law, OPIC’s Man- the Committee on Commerce, Science, and EC–6428. A communication from the Pro- agement Report, the Annual Performance Transportation. gram Analyst of the Federal Aviation Ad- Plan, and the Annual Program Performance EC–6419. A communication from the Pro- ministration, Department of Transportation, Report for Fiscal Year 2001; OPIC’s Report on gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Development and U.S. Effects of Fiscal Year ministration, Department of Transportation, a rule entitled ‘‘Establishment of Class E 2002 Projects, and a Report on Cooperation transmitting, pursuant to law, the report of Airspace; Stanley, ND; CORRECTION’’ with Private Insurers; OPIC’s Annual Report a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA66)(2002–0056)) received on April on the Environment, a Review of the Envi- Bell Helicopter Textron Inc, Manufactured 5, 2002; to the Committee on Commerce, ronmental Impact of OPIC’s Fiscal Year 2001 Model OH–13E, OH–13H, and OH–13S Heli- Science, and Transportation. Projects; to the Committee on Governmental copters’’ ((RIN2120–AA64)(2002–0176)) received EC–6429. A communication from the Pro- Affairs. on April 5, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- f merce, Science, and Transportation. ministration, Department of Transportation, EC–6420. A communication from the Pro- transmitting, pursuant to law, the report of INTRODUCTION OF BILLS AND gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Modification of Class E Air- JOINT RESOLUTIONS ministration, Department of Transportation, space; Mount Vernon, OH’’ ((RIN2120– The following bills and joint resolu- transmitting, pursuant to law, the report of AA66)(2002–0052)) received on April 5, 2002; to tions were introduced, read the first a rule entitled ‘‘Airworthiness Directives: the Committee on Commerce, Science, and Airbus Model A300, A300 B4–600, B4–600R, and Transportation. and second times by unanimous con- F4–600R; and A310 Series Airplanes’’ EC–6430. A communication from the Pro- sent, and referred as indicated: ((RIN2120–AA64)(2002–0177)) received on April gram Analyst of the Federal Aviation Ad- By Mr. BAUCUS: 5, 2002; to the Committee on Commerce, ministration, Department of Transportation, S. 2075. A bill to facilitate the availability Science, and Transportation. transmitting, pursuant to law, the report of of electromagnetic spectrum for the deploy- EC–6421. A communication from the Pro- a rule entitled ‘‘Establishment of Class E ment of wireless based services in rural gram Analyst of the Federal Aviation Ad- Airspace; Kanab, UT’’ ((RIN2120–AA66)(2002– areas, and for other purposes; to the Com- ministration, Department of Transportation, 0045)) received on April 5 , 2002; to the Com- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- tation. a rule entitled ‘‘Modification of Class E Air- tation. By Mr. DORGAN: space; Hillsboro, ND; CORRECTION’’ EC–6431. A communication from the Attor- S. 2076. A bill to prohibit the cloning of hu- ((RIN2120–AA66)(2002–0057)) received on April ney-Advisor, National Highway Traffic Safe- mans; to the Committee on the Judiciary. 5, 2002; to the Committee on Commerce, ty Administration, Department of Transpor- By Ms. COLLINS: Science, and Transportation. tation, transmitting, pursuant to law, the re- S. 2077. A bill to make grants to improve EC–6422. A communication from the Pro- port of a rule entitled ‘‘Light Truck Average public safety in order to prepare for and re- gram Analyst of the Federal Aviation Ad- Fuel Economy Standard; Final Rule’’ spond to terrorist threats; to the Committee ministration, Department of Transportation, (RIN2127–AI68) received on April 5, 2002; to on Environment and Public Works.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2413 By Mrs. HUTCHISON (for herself, Mr. S. 682, a bill to amend title II of the So- to American Persian Gulf War POW/ LIEBERMAN, Mr. MCCAIN, Mr. FEIN- cial Security Act to restore the link MIAs, and for other purposes. GOLD, and Mr. LEVIN): between the maximum amount of earn- S. 1346 S. 2078. A bill to amend section 527 of the ings by blind individuals permitted At the request of Mr. SESSIONS, the Internal Revenue Code of 1986 to eliminate notification and return requirements for without demonstrating ability to en- names of the Senator from Wyoming State and local political committees and gage in substantial gainful activity and (Mr. ENZI) and the Senator from Ne- candidate committees and avoid duplicate the exempt amount permitted in deter- vada (Mr. REID) were added as cospon- reporting by certain State and local political mining excess earnings under the earn- sors of S. 1346, a bill to amend the Fed- committees of information required to be re- ings test. eral Food, Drug, and Cosmetic Act ported and made publicly available under S. 885 with regard to new animal drugs, and State law, and for other purposes; to the for other purposes. Committee on Finance. At the request of Mr. CLELAND, the S. 1408 By Mr. ROCKEFELLER: names of the Senator from South Da- At the request of Mr. ROCKEFELLER, S. 2079. A bill to amend title 38, United kota (Mr. JOHNSON) and the Senator States Code, to facilitate and enhance judi- from North Dakota (Mr. DORGAN) were the names of the Senator from South cial review of certain matters regarding vet- added as cosponsors of S. 885, a bill to Dakota (Mr. JOHNSON) and the Senator eran’s benefits, and for other purposes; to amend title XVIII of the Social Secu- from Nevada (Mr. REID) were added as the Committee on Veterans’ Affairs. rity Act to provide for national stand- cosponsors of S. 1408, a bill to amend By Mrs. BOXER: ardized payment amounts for inpatient title 38, United States Code, to stand- S. 2080. A bill to designate a United States ardize the income threshold for copay- courthouse to be constructed in Fresno, Cali- hospital services furnished under the medicare program. ment for outpatient medications with fornia, as the ‘‘Robert E. Coyle United the income threshold for inability to At the request of Mr. HUTCHINSON, States Courthouse’’; to the Committee on defray necessary expense of care, and Environment and Public Works. the names of the Senator from Maine for other purposes. By Mr. BINGAMAN (by request): (Ms. SNOWE) and the Senator from Min- S. 1516 S.J. Res. 34. A joint resolution approving nesota (Mr. DAYTON) were added as co- the site at Yucca Mountain, Nevada, for the sponsors of S. 885, supra. At the request of Mr. SANTORUM, the development of a repository for the disposal name of the Senator from Idaho (Mr. S. 946 of high-level radioactive waste and spent nu- CRAPO) was added as a cosponsor of S. clear fuel, pursuant to the Nuclear Waste At the request of Ms. SNOWE, the 1516, a bill to remove civil liability bar- Policy Act of 1982; to the Committee on En- name of the Senator from New Jersey riers that discourage the donation of ergy and Natural Resources. (Mr. TORRICELLI) was added as a co- fire equipment to volunteer fire compa- f sponsor of S. 946, a bill to establish an nies. Office on Women’s Health within the SUBMISSION OF CONCURRENT AND S. 1707 Department of Health and Human SENATE RESOLUTIONS At the request of Mr. JEFFORDS, the Services. name of the Senator from Idaho (Mr. The following concurrent resolutions S. 999 CRAPO) was added as a cosponsor of S. and Senate resolutions were read, and At the request of Mr. BINGAMAN, the 1707, a bill to amend title XVIII of the referred (or acted upon), as indicated: names of the Senator from Alabama Social Security Act to specify the up- By Mr. DODD (for himself and Mr. LIE- (Mr. SHELBY) and the Senator from date for payments under the medicare BERMAN): South Dakota (Mr. JOHNSON) were physician fee schedule for 2002 and to S. Res. 232. A resolution congratulating the Huskies of the University of Connecticut for added as cosponsors of S. 999, a bill to direct the Medicare Payment Advisory winning the 2002 NCAA Division I Women’s amend title 10, United States Code, to Commission to conduct a study on re- Basketball Championship; considered and provide for a Korea Defense Service placing the use of the sustainable agreed to. Medal to be issued to members of the growth rate as a factor in determining By Mr. SARBANES (for himself and Armed Forces who participated in op- such update in subsequent years. Ms. MIKULSKI): erations in Korea after the end of the S. 1708 S. Res. 233. A resolution congratulating the Korean War. At the request of Mr. MCCONNELL, University of Maryland Terrapins for win- the name of the Senator from Lou- ning the 2002 NCAA National Basketball S. 1132 Championship; considered and agreed to. At the request of Mr. CRAPO, the isiana (Mr. BREAUX) was added as a cosponsor of S. 1708, a bill to amend the f name of the Senator from North Da- kota (Mr. DORGAN) was added as a co- Robert T. Stafford Disaster Relief and ADDITIONAL COSPONSORS sponsor of S. 1132, a bill to amend the Emergency Assistance Act to ensure the continuity of medical care fol- S. 205 Federal Food, Drug, and Cosmetic Act lowing a major disaster by making pri- At the request of Mrs. HUTCHISON, the relating to the distribution chain of vate for-profit medical facilities eligi- name of the Senator from Virginia (Mr. prescription drugs. ble for Federal disaster assistance. ALLEN) was added as a cosponsor of S. S. 1208 S. 1749 205, a bill to amend the Internal Rev- At the request of Mr. GRAHAM, the At the request of Mr. KENNEDY, the enue Code of 1986 to waive the income name of the Senator from New Jersey names of the Senator from Washington inclusion on a distribution from an in- (Mr. TORRICELLI) was added as a co- (Mrs. MURRAY) and the Senator from dividual retirement account to the ex- sponsor of S. 1208, a bill to combat the Georgia (Mr. MILLER) were added as co- tent that the distribution is contrib- trafficking, distribution, and abuse of sponsors of S. 1749, a bill to enhance uted for charitable purposes. Ecstasy (and other club drugs) in the the border security of the United United States. S. 627 States, and for other purposes. S. 1258 At the request of Mr. GRASSLEY, the S. 1822 name of the Senator from Missouri At the request of Mr. DORGAN, the At the request of Mr. AKAKA, the (Mrs. CARNAHAN) was added as a co- names of the Senator from Massachu- name of the Senator from Maryland sponsor of S. 627, a bill to amend the setts (Mr. KERRY) and the Senator from (Ms. MIKULSKI) was added as a cospon- Internal Revenue Code of 1986 to allow New Jersey (Mr. TORRICELLI) were sor of S. 1822, a bill to amend title 5, individuals a deduction for qualified added as cosponsors of S. 1258, a bill to United States Code, to allow certain long-term care insurance premiums, improve academic and social outcomes catchup contributions to the Thrift use of such insurance under cafeteria for teenage youth. Savings Plan to be made by partici- plans and flexible spending arrange- S. 1339 pants age 50 or over. ments, and a credit for individuals with At the request of Mr. CAMPBELL, the S. 1828 long-term care needs. name of the Senator from New Jersey At the request of Mr. LEAHY, the S. 682 (Mr. TORRICELLI) was added as a co- name of the Senator from Louisiana At the request of Mr. MCCAIN, the sponsor of S. 1339, a bill to amend the (Ms. LANDRIEU) was added as a cospon- name of the Senator from Utah (Mr. Bring Them Home Alive Act of 2000 to sor of S. 1828, a bill to amend sub- BENNETT) was added as a cosponsor of provide an asylum program with regard chapter III of chapter 83 and chapter 84

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2414 CONGRESSIONAL RECORD — SENATE April 9, 2002 of title 5, United States Code, to in- resolution to express the sense of the of a human being raises serious moral clude Federal prosecutors within the Senate regarding prenatal care for and ethical questions about society’s definition of a law enforcement officer, women and children. perception of human life. and for other purposes. S. RES. 219 Today, I am introducing legislation S. 1922 At the request of Mr. GRAHAM, the that prohibits the cloning of a human At the request of Mr. HUTCHINSON, name of the Senator from Tennessee being. It is a simple bill, but it reflects the name of the Senator from Georgia (Mr. THOMPSON) was added as a cospon- my view and a view that is held by almost everyone. My bill reflects the (Mr. MILLER) was added as a cosponsor sor of S. Res. 219, a resolution express- of S. 1922, a bill to direct the Secretary ing support for the democratically common ground that we can all agree of Health and Human Services to ex- elected Government of Colombia and to in this debate. My legislation makes pand and intensify programs with re- its efforts to counter threats from it illegal to clone a human being and spect to research and related activities United States-designated foreign ter- imposes strict penalties against anyone concerning elder falls. rorist organizations. who violates this prohibition. I urge my colleagues to support a ban S. 1945 f on the cloning of a human being, and At the request of Mr. JOHNSON, the STATEMENTS ON INTRODUCED encourage their cosponsorship of my name of the Senator from Illinois (Mr. BILLS AND JOINT RESOLUTIONS legislation. DURBIN) was added as a cosponsor of S. 1945, a bill to provide for the merger of By Mr. BAUCUS: By Ms. COLLINS: S. 2075. A bill to facilitate the avail- the bank and savings association de- S. 2077. A bill to make grants to im- ability of electromagnetic spectrum for posit insurance funds, to modernize prove public safety in order to prepare the deployment of wireless based serv- and improve the safety and fairness of for and respond to terrorist threats; to ices in rural areas, and for other pur- the Federal deposit insurance system, the Committee on Environment and poses; to the Committee on Commerce, and for other purposes. Public Works. Science, and Transportation. Ms. COLLINS. Madam President, S. 2003 Mr. BAUCUS. Madam President, I today I am introducing the Securing At the request of Mr. NELSON of Flor- rise today to introduce the Rural Spec- Our States Act. As the tragic terrorist ida, the names of the Senator from trum Access Act, RESA, of 2002. Wire- attacks of September 11 taught us all Alabama (Mr. SESSIONS) and the Sen- less communications is revolutionizing too well, our Nation is not as prepared ator from Idaho (Mr. CRAIG) were added the way we communicate. It allows us for widespread emergencies as it should as cosponsors of S. 2003, a bill to amend to place calls from anywhere in the be. The legislation I am introducing title 38, United States Code, to clarify world to anywhere in the world. We can today, Securing Our States Act, or SOS the applicability of the prohibition on check our favorite websites, and even Act, will help make our Nation more assignment of veterans benefits to stay in touch with family and friends secure by strengthening our first line agreements regarding future receipt of through email, all without a phone of defense, the first responders in our compensation, pension, or dependency line. It’s empowering to know that we States and communities. and indemnity compensation, and for can do all this and more while sitting As the Presiding Officer is well other purposes. on top of a mountain in Montana. aware, when a terrorist attack or other S. 2026 However, these services require spec- disaster occurs, it is the State and At the request of Mr. LUGAR, the trum, the wireless waves that give us local police, firefighters, and emer- name of the Senator from Indiana (Mr. this freedom. Due to the way the FCC gency medical personnel who are first BAYH) was added as a cosponsor of S. distributes spectrum, rural America is on the scene. Nearly 2 million State 2026, a bill to authorize the use of Coop- finding it more and more difficult to and local police, firefighters, emer- erative Threat Reduction funds for get quality wireless service. The cur- gency medical personnel, and others projects and activities to address pro- rent system distributes spectrum on are closest to these challenges. They liferation threats outside the states of very large geographic areas, which in understand best what is needed to re- the former Soviet Union, and for other effect, inhibits certain carriers from spond effectively, and they tell me purposes. participating in wireless auctions. they need improved training, more and S. 2051 Since the geographic licensing areas better equipment, greater coordina- At the request of Mr. REID, the are so large and the price for the spection, and more exercises. They need names of the Senator from Washington trum is equally as large, rural carriers them as soon as possible. They are the (Ms. CANTWELL), the Senator from often find it difficult bidding on the ones who are always on the front lines Delaware (Mr. BIDEN), the Senator spectrum. My legislation will correct when disaster strikes. Properly trained and equipped, first from Idaho (Mr. CRAIG), the Senator this inequity. responders have the greatest potential from North Dakota (Mr. DORGAN), the RESA requires the Federal Commu- Senator from North Carolina (Mr. nications Commission, in future auc- to save lives and limit casualties after a terrorist attack. Currently, however, HELMS), and the Senator from Vermont tions, to distribute spectrum on small- our capabilities for responding to a ter- (Mr. JEFFORDS) were added as cospon- er geographic levels. It does not favor rorist attack vary widely from commu- sors of S. 2051, a bill to remove a condi- one type of carrier over another, or nity to community, State to State, tion preventing authority for concur- pick which carrier can serve which across this great country. Many areas rent receipt of military retired pay and areas. Rather, it simply allows carriers simply have very little capacity to re- veterans’ disability compensation from to bid on spectrum that they find dif- spond to a terrorist attack. In fact, taking affect, and for other purposes. ficult under today’s system. It is my hope that this bill will allow most localities could not respond effec- S. RES. 109 more of our rural telecommunication tively to a terrorist attack if weapons At the request of Mr. REID, the name carriers to participate in future auc- of mass destruction were used. Even of the Senator from Alabama (Mr. SES- tions. The RESA Act will bring more the best prepared States and commu- SIONS) was added as a cosponsor of S. choices, better service and lower prices nities do not possess adequate re- Res. 109, a resolution designating the for those of us living in rural America. sources to respond to the full range of second Sunday in the month of Decem- possible terrorist attacks. ber as ‘‘National Children’s Memorial By Mr. DORGAN: This legislation I am introducing will Day’’ and the last Friday in the month S. 2076. A bill to prohibit the cloning help by providing much needed re- of April as ‘‘Children’s Memorial Flag of humans; to the Committee on the sources. The SOS Act, which is con- Day.’’ Judiciary. sistent with the first responders pro- S. RES. 209 Mr. DORGAN. Madam President, the posal in President Bush’s budget, will At the request of Mr. SMITH of New Senate will soon start debating the provide $4 billion in critically needed Hampshire, the name of the Senator issue of human cloning. I want to state funding, an increase of more than 1,000 from Alabama (Mr. SESSIONS) was unequivocally that I am against the percent in Federal resources that will added as a cosponsor of S. Res. 209, a cloning of a human being. The cloning flow to State and local governments.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2415 This bill is designed to accomplish quirements for State and local polit- and to solve the problem that we cre- the following objectives: First, more ical committees and candidate com- ated and to do so now. resources to States and communities mittees and avoid duplicate reporting to conduct important planning and ex- by certain State and local political By Mr. ROCKFELLER: ercises, purchase equipment, and better committees of information required to S. 2079. A bill to amend title 38, train their personnel. be reported and made publicly avail- United States Code, to facilitate and Second, it would provide flexibility able under State law, and for other enhance judicial review of certain mat- for States and localities to address purposes; to the Committee on Fi- ters regarding veterans’ benefits, and whatever the needs of their particular nance. for other purposes; to the Committee locality may be. States differ in their Mrs. HUTCHISON. Madam President, on Veterans’ Affairs. preparedness, and this would allow today I am pleased to again be offering Mr. ROCKEFELLER. Madam Presi- flexibility in the use of funds. legislation that will solve a significant dent, I am today introducing legisla- Third, another important feature of issue for State and local legislators and tion which responds to concerns relat- this bill is its simplicity. We need to candidates across the country and ing to judicial review of VA benefits speed the disbursement of Federal which I know is of serious concern. expressed by the authors of the Inde- Two years ago, Congress enacted the funds to States and communities with- pendent Budget for Veteran’s Programs Full and Fair Political Activities Dis- out further delay. for fiscal year 2003. I am doing this in closure Act of 2000, Public Law 106–230, Fourth, this legislation is designed to order to provide a vehicle for further a law that imposed new IRS reporting promote cooperation across the Nation discussion on these and related mat- requirements on political organiza- so local, State, Federal, and volunteer ters. tions claiming tax-exempt status under networks can operate together effec- The Independent Budget, the IB, is tively. Section 527 of the Internal Revenue Code. The purpose of this law was to the collaborative effort of a coalition To achieve these objectives, the Fed- of four veterans service organizations, eral Emergency Management Agency, uncover so-called ‘‘stealth PACs,’’ tax- exempt groups which, prior to the en- AMVETS, Disabled American Vet- known as FEMA, will implement a erans, Paralyzed Veterans of America, streamlined and simple procedure de- actment of this law, did not have to disclose any contributions or expendi- and Veterans of Foreign Wars, which is signed to speed the flow of resources to endorsed by dozens of other veterans’ States and communities. The funds tures and were free to influence elections in virtual anonymity. While Pub- groups and others. This is the sixteenth may be used for a variety of activities, year that the these organizations have including planning to develop com- lic Law 106–230 was intended to target ‘‘stealth PACs,’’ it has had the unin- drafted an independent budget to advo- prehensive plans to prepare for and re- cate for the funding that they feel is spond to a terrorist attack; equipment tended consequence of imposing burdensome and duplicative reporting re- necessary to properly provide care and to respond more effectively to terrorist benefits to our veterans. attack, including personal protective quirements on State and local can- This bill proposes three amendments equipment, chemical, and biological didates who are not involved in any to title 38, United States Code, and a detectors and interoperable commu- federal election activities. In many free-standing provision relating to the nications gear. States like Texas, state and local can- Equal Access to Justice Act. Section 1 We want to make sure our emergency didates already file detailed reports of this legislation would amend section personnel can communicate with one with their state election officials. 502 of title 38 to allow the United another. We have learned from the les- To correct this problem, I have States Court of Appeals for the Federal sons of September 11 that can be a dev- worked closely with Senator LIEBER- Circuit, the Federal Circuit, to review astating problem. MAN, among others, to develop legisla- The legislation would also allow tion that would exempt state and local and set aside VA changes to the sched- funds to be used for more training to candidates from some of the IRS re- ule for rating disabilities found to be enable firefighters, police officers, and porting requirements of Public Law arbitrary and capricious or in violation emergency medical professionals to re- 106–230. We have done this in a way of statute. Section 2 would amend sec- spond and operate in a chemical or bio- that solves the problem but without tion 7261 of title 38 to specify that the logical environment, even a very dan- creating new loopholes that would United States Court of Appeals for Vet- gerous environment. allow ‘‘stealth’’ organizations to re- eran Claims, the CAVC, shall apply a We need to have more exercises to emerge. This legislation is the product preponderance of the evidence standard improve response capabilities, practice of bipartisan and I would like to thank when reviewing findings of fact made mutual aid and assess operational im- those who have supported our efforts, by the Board of Veterans Appeals. Sec- provements and deficiencies. including Senator MCCAIN, Senator tion 3 would amend section 7292 of title The legislation I am introducing will FEINGOLD, and Senator LEVIN who join 38 to permit the Federal Circuit to re- help make our Nation safer. Nearly 2 me and Senator LIEBERMAN on this bill view CAVC decisions on questions of million first responders are always today. I originally offered legislation law. The final section of this legisla- there, willing to put their lives at risk on this issue last year and it was in- tion would allow the CAVC, when to save the lives of others and to make cluded in the tax cut bill, the Eco- awarding attorneys fees under the our country safer. This bill will help nomic Growth and Tax Relief Rec- Equal Access to Justice Act to award these brave men and women do their onciliation Act of 2001. Unfortunately, compensation to qualified non-attor- jobs better and will help all of our com- our provision was dropped from the bill ney representatives before the CAVC. munities be more secure. The benefits in conference. Current section 502 of title 38, proof the Securing Our States Act are im- Since then, P.L. 106–230 has created vides for judicial review of VA rules mediate and widespread and the goal is an increasingly heavy burden on local and regulations in the Federal Circuit, one we can all embrace, the goal of and State candidates. This is exacer- but expressly precludes review of VA making our Nation safer from terrorist bated by the fact that many candidates actions relating to the adoption or re- attacks while also bolstering everyday were not aware of the notification revision of the so called ‘‘rating sched- response capabilities. quirements and could now face severe ule’’ made pursuant to section 1155 of I urge my colleagues to join me in penalties. It is time to take action and title 38. This rating schedule is the sys- supporting this legislation. get this issue resolved. The bill we in- tem by which VA categorizes types and I yield the floor. troduce today solves this problem levels of disability by percentages and, while also addressing some issues that as noted by the IB authors, this pre- By Mrs. HUTCHISON (for herself, have been raised since we first made clusion of review was based on the view Mr. LIEBERMAN, Mr. MCCAIN, this effort last year. The deadline for that VA has specific expertise in this Mr. FEINGOLD, and Mr. LEVIN): the most burdensome reporting re- area, an expertise not found in most S. 2078. A bill to amend section 527 of quirements is fast approaching in May. courts. However, while the IB authors the Internal Revenue Code of 1986 to Congress has delayed too long. I again recognize the importance of VA’s par- eliminate notification and return re- urge my colleagues to support this bill ticularly informed judgment in this

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2416 CONGRESSIONAL RECORD — SENATE April 9, 2002 area, they are concerned that, ‘‘with- 7292 of title 38 to accomplish that re- to be constructed at Tulare and ‘‘O’’ out any constraints or oversight what- sult. Streets in downtown Fresno, CA the soever, VA is free to promulgate rules A final issue raised by the authors of ‘‘Robert E. Coyle United States Court- to rating disabilities that do not have the Independent Budget is not one of house.’’ as their basis reduction in earning ca- procedural fairness, but rather of It is fitting that the Federal court- pacity.’’ To remedy this concern, the equality of access to the administra- house in Fresno be named for Senior authors of the IB propose an amend- tive and judicial structures of the vet- U.S. District Judge Robert E. Coyle, ment to section 502 of title 38 which erans’ appeals process. Currently, vet- who is greatly respected and admired would authorize Federal Circuit review erans who enlist the aid of attorneys, for his work as a judge and for his fore- of rating schedule decisions. This is the and non-attorney practitioners super- sight and persistence which contrib- intent of section 1 of this bill. vised by attorneys, who are successful uted so much to the Fresno Courthouse A second concern of the authors of in their claims and satisfy the other re- project. Since prior to 1994, Judge the IB relates to the scope of review quirements, can avail themselves of Coyle has been a leader in the effort to applied by the CAVC to factual deter- the benefits of the Equal Access to Jus- build a new courthouse in Fresno. In minations of the Board of Veterans’ tice Act, the EAJA. The EAJA shifts the course of his work, Judge Coyle, Appeal. Under current law, section the burden of attorney fees from the working with the Clerk of the United 5107(b) of title 38, VA is required to citizen to the government in cases States District Court for the Eastern give a claimant the benefit of the where the citizen successfully chal- District, conceived and founded a pro- doubt when ‘‘there is an approximate lenges an unreasonable government ac- gram called ‘‘Managing a Capitol Con- balance of positive and negative evi- tion. In the case of VA claims, how- struction Program’’ to help others un- dence regarding the merits’’ of an issue ever, claimants often turn to qualified, derstand the process of having a court- material to the claim. However, as non-attorney representatives of the house built. This Eastern District pro- noted in the IB for fiscal year 2003, the many veterans service organizations to gram was so well received by national CAVC, in reviewing a VA decision on a represent them, up to and through the court administrators that it is now a factual issue, is required to apply a CAVC. Based upon the prior long nationwide program run by Judge ‘‘clearly erroneous’’ standard. Under standing limitation on paying attorney Coyle. In addition to meeting the needs this standard, which is the same as ap- fees in veterans’ benefits cases, there of the court for additional space, the plied by Federal appellate courts in had not been an active veterans’ bar. courthouse project has become a key their review of factual determinations As a result, veterans service organiza- element in the downtown revitalization of trial courts, if there is a plausible tions developed expertise to enable of Fresno. Judge Coyle’s efforts, and basis for a factual finding, it can not be them to effectively represent claim- those in the community with whom he clearly erroneous. This results in the ants before VA. VA does not require worked, produced a major milestone CAVC having to accord significant def- that these representatives be attor- when the groundbreaking for the new erence to findings of fact made by the neys, only credentialed by a VA-recog- courthouse took place earlier this Board. As the IB authors note, this ap- nized veterans service organization. month. Judge Coyle has had a distinguished proach of requiring the CAVC to up- Therefore, when the court was created, career as an attorney and on the bench. hold a Board decision based on only the certain non-attorney practitioners Appointed to California’s Eastern Dis- lower ‘‘plausible basis’’ undermines the were allowed to represent appellants at trict bench by President Ronald statutory ‘‘benefit of the doubt’’ rule. the court. However, as currently inter- Section 2 of this legislation would pro- Reagan in 1982, Judge Coyle has served preted, these non-attorney practi- as a judge for the Eastern District for tect the ‘‘benefit of the doubt’’ rule by tioners are not eligible to receive com- amending section 7261 of title 38 to 20 years, including 6 years as senior pensation under the EAJA, despite the judge. Judge Coyle earned his law de- specify that the CAVC is to apply a fact that they are doing the same work preponderance of the evidence standard gree from University of California, as their attorney counterparts. The au- Hastings College of the Law in 1956. He when reviewing factual determinations thors of the Independent Budget, rep- of the Board. then worked for Fresno County as a resentatives of the organizations which Deputy District Attorney before going Another concern of the IB authors is are affected by this limitation, ask the present limit on Federal Circuit’s into private practice in 1958 with that unsupervised, non-attorneys be McCormick, Barstow, Sheppard, Coyle authority to review CAVC precedential given access to fee compensation under decisions on questions of law. Under & Wayte, where he remained until his the EAJA. They believe that this appointment by President Reagan. He section 7292 of title 38, the Federal Cir- change would allow veterans organiza- cuit is authorized to review CAVC find- is very active in the community and tions to represent even more veterans. has served in many judicial leadership ings on questions of statutory or regu- Section 4 of the bill would provide for latory interpretation, but is not au- positions, including: Chair, Space and this change. Security Committee; Chair, Conference thorized to review such decisions based As a new generation is called to sac- on questions of law not rooted on a of the Chief District Judges of the rifice in service of our country it is im- Ninth Circuit; President of the Ninth constitutional, statutory, or regu- perative that we ensure the fairness latory interpretation. In a 1992 case, Circuit District Judges Association; and accessibility of the benefits that Member of the Board of Governors of Livingston v. Derwinski, 959 F.2d 224, they so richly deserve and it is for this the Federal Circuit has described this the State Bar of California and Presi- reason that I introduce this bill. As I dent of the Fresno County Bar. My limitation as follows: ‘‘The interpreta- noted earlier in my statement, I am tion of the board’s decision is unques- hope is that, in addition to serving the doing so in order to provide a vehicle people of the Eastern District as a tionably a matter of law, but that is for detailed discussion of these and not enough to bring the appeal within courthouse, this building will stand as other issues related to the judicial re- a reminder to the community and peo- this court’s statutory jurisdiction. In view of VA claims. I look forward to ple of California of the dedicated work the absence of a challenge to the valid- working with my colleagues on these of Judge Robert E. Coyle. ity of a statute or a regulation, or the matters in the months ahead. interpretation of a constitutional or By Mr. BINGAMAN (by request): statutory provision or a regulation, we By Mrs. BOXER: S.J. Res. 34. A joint resolution ap- have no authority to consider the ap- S. 2080. A bill to designate a United proving the site at Yucca Mountain, peal.’’ The IB authors express the con- States courthouse to be constructed in Nevada, for the development of a repos- cern that this ‘‘unavailability of Fed- Fresno, California, as the ‘‘Robert E. itory for the disposal of high-level ra- eral Circuit review, has, in many in- Coyle United States Courthouse’’; to dioactive waste and spent nuclear fuel, stances, undesirable consequences’’ and the Committee on Environment and pursuant to the Nuclear Waste Policy urge that the law be amended to give Public Works. Act of 1982; to the Committee on En- the Federal Circuit jurisdiction to re- Mrs. BOXER. Madam President, I am ergy and Natural Resources. view all CAVC decisions on questions pleased to introduce legislation to Mr. BINGAMAN. Madam President, of law. Section 3 would modify section name the Federal courthouse building yesterday, the Governor of the State of

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2417 Nevada submitted to the Senate and to ommendation of the Yucca Mountain S. RES. 233 the House of Representatives a notice site and the objections of the State of Whereas the 2002 University of Maryland of disapproval of the proposed nuclear Nevada to the use of the site for the Terrapins men’s basketball team won 32 waste repository at Yucca Mountain, nuclear waste repository and to report games, a school record for wins in a season; pursuant to section 116 of the Nuclear the committee’s recommendation to Whereas the 2002 Maryland Terrapins were Waste Policy Act. The notice was duly undefeated at home in the last year of play the Senate within the prescribed 60-day at historic Cole Field House, compiling a referred in the Senate to the Com- period as the 97th Congress envisioned. home record of 15–0; mittee on Energy and Natural Re- f Whereas the 2002 Maryland Terrapins con- sources under rule XXV of the Stand- tinued their dominance over nonconference ing Rules of the Senate. Under section SUBMITTED RESOLUTIONS opponents at home, extending their NCAA 115 of the Nuclear Waste Policy Act, it record nonconference home winning streak is my duty, as the chairman of the to 84 wins; committee to which the notice of dis- SENATE RESOLUTION 232—CON- Whereas the 2002 Maryland Terrapins won GRATULATING THE HUSKIES OF their first, outright Atlantic Coast Con- approval was referred, to introduce, by ference regular season championship in 22 request, a resolution of repository THE UNIVERSITY OF CON- years; siting approval not later than the first NECTICUT FOR WINNING THE 2002 Whereas the Maryland Terrapins qualified day of session following the day on NCAA DIVISION I WOMEN’S BAS- for a 9th consecutive NCAA tournament which the Governor’s notice of dis- KETBALL CHAMPIONSHIP. under Coach Gary Williams, being awarded a number 1 seed in the East Region; approval was submitted. Mr. DODD (for himself and Mr. LIE- In accordance with the statutory re- Whereas the Maryland Terrapins handily BERMAN) submitted the following reso- quirement, I am today introducing the defeated the Siena College Saints in the first lution; which was considered and round of the NCAA tournament by a score of resolution of repository siting ap- agreed to: 85–70; proval. The text of the resolution is S. RES. 232 Whereas in the second round, the Maryland prescribed by the Nuclear Waste Policy Terrapins ousted the Wisconsin Badgers by a Whereas the University of Connecticut Act. The resolution will be referred to score of 87–57; women’s basketball team won its second na- committee for a period of up to 60 days. Whereas in the Sweet Sixteen, the Mary- tional championship in 3 years by defeating land Terrapins overpowered the tough Ken- Under the terms of the Nuclear Waste the University of Oklahoma by the score of Policy Act, the Governor’s notice of tucky Wildcats by a score of 78–68; 82-70; Whereas in the final game of the East Re- disapproval will stand, and the Depart- Whereas NCAA Division I Women’s Basket- gional, the Maryland Terrapins earned a 2d ment of Energy will be prohibited from ball Coach of the Year Geno Auriemma’s straight bid to the Final Four by defeating applying for a license to develop a nu- team finished the 2002 season with a perfect the Connecticut Huskies by a score of 90–82; clear waste repository at Yucca Moun- 39–0 record, becoming only the fourth NCAA Whereas in the Final Four, the Maryland tain, unless both Houses of Congress Division I women’s basketball team to go Terrapins achieved a 97–88 victory over the undefeated; potent Kansas Jayhawks; pass the resolution of repository siting Whereas Sue Bird was chosen as the na- approval and it becomes law within 90 Whereas in the NCAA championship game, tional women’s player of the year; the Maryland Terrapins came away with a days from yesterday. Whereas Swin Cash was named the Final 64–52 victory over the storied Indiana Hoo- This is an extraordinary process. The Four Most Outstanding Player; siers; 97th Congress, which prescribed this Whereas Sue Bird, Swin Cash, Diana Whereas on April 1, 2002 the University of process for us to follow 20 years ago, Taurasi, Asjha Jones, and Tamika Williams Maryland won the NCAA men’s basketball did not do so lightly. The Members of were selected as All-Americans; championship, the first ever for the Univer- the 97th Congress only arrived at this Whereas the Huskies’ 35-point average sity of Maryland; procedure after considerable debate. margin of victory during the regular season Whereas the 2002 Maryland Terrapins, by was the largest in NCAA Division I women’s Representative Morris K. Udall, who winning the 2002 NCAA men’s basketball basketball history; championship, became only the 5th NCAA was the principal architect of the Nu- Whereas the Huskies dominated this year’s Division I athletic program to have won na- clear Waste Policy Act, explained the NCAA Division I women’s basketball tour- tional championships in both basketball and thinking of our predecessors. ‘‘We are nament, averaging 83.3 points and a 27-point football; all agreed that the States ought to margin of victory en route to the champion- Whereas senior Juan Dixon was named the have a veto,’’ Chairman Udall said. ‘‘If ship; most outstanding player of the 2002 NCAA you are going to put something as im- Whereas the high caliber of the Huskies in tournament, first team all-American, and portant, as a nuclear waste repository, both athletics and academics has signifi- Atlantic Coast Conference player of the year; cantly advanced the sport of women’s basin a State, then the State, through its Whereas senior Lonny Baxter was named ketball and provided inspiration for future the most valuable player in regional play for Governor or legislature, ought to be generations of young men and women alike; the second year in a row; and able to say no thanks.’’ But, he contin- and Whereas in game number 2002 of the Uni- ued, ‘‘we are also agreed that once the Whereas the Huskies’ season of unparal- versity of Maryland men’s basketball pro- State has made that veto, that there leled accomplishment rallied Connecticut gram, the Terrapins achieved the title of 2002 ought to be mechanism so that, in the residents of all ages, from New London to national champion: Now, therefore, be it national interest, it could be over- New Haven, from Hartford to Hamden, be- Resolved, That the Senate— (1) congratulates the mighty University of ridden, as we do in war when we need hind a common purpose, and triggered a wave of euphoria across the State: Now, Maryland Terrapins for winning the 2002 an air base or at other times when we therefore, be it NCAA national men’s basketball champion- need Federal eminent domain.’’ Resolved, That the Senate commends the ship on April 1, 2002; The process upon which we are em- Huskies of the University of Connecticut (2) commends the Maryland Terrapins for barking today was designed to serve for— their outstanding performance in the 2002 those two goals. It will afford the State (1) completing the 2001–2002 women’s bas- NCAA national tournament, the Atlantic of Nevada a fair hearing on its objec- ketball season with a 39–0 record; and Coast Conference, and the entire 2002 season; tions to the repository and will ensure (2) winning the 2002 NCAA Division I Wom- (3) applauds the Maryland Terrapins for en’s Basketball Championship. their commitment to high standards of char- that those objections stand unless the acter, perseverance, and teamwork; administration can persuade both f (4) congratulates the Maryland Terrapins Houses of Congress to override them. SENATE RESOLUTION 233—CON- on reaching their goal of an NCAA cham- At the same time, it will give the ad- pionship, an achievement that no previous ministration an opportunity to present GRATULATING THE UNIVERSITY Maryland men’s basketball team had been its case and to override the State’s ob- OF MARYLAND TERRAPINS FOR able to accomplish; jections if it can show its decision was WINNING THE 2002 NCAA NA- (5) recognizes the achievements of the sound and in the national interest. TIONAL BASKETBALL CHAMPION- players, coaches, and support staff who were It is my intention, once the Senate SHIP instrumental in helping the University of Maryland Terrapins win the 2002 NCAA completes action on the energy bill, to Mr. SARBANES (for himself and Ms. championship; schedule hearings before the Com- MIKULSKI) submitted the following res- (6) congratulates all of the 65 outstanding mittee on Energy and Natural Re- olution; which was considered and teams who participated in the 2002 NCAA sources to consider the President’s rec- agreed to: Tournament;

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2418 CONGRESSIONAL RECORD — SENATE April 9, 2002 (7) congratulates the National Collegiate technology transfer and partnerships COMMITTEE ON HEALTH, EDUCATION, LABOR, Athletic Association for its continuing ex- for fiscal years 2002 through 2006, and AND PENSIONS cellence in providing a supportive arena for for other purposes; which was ordered Mr. REID. Mr. President, I ask unan- college athletes to display their talents and to lie on the table; as follows: imous consent that the Committee on sportsmanship; and Health, Education, Labor, and Pen- (8) directs the Secretary of the Senate to On page 307, after line 3, insert the fol- transmit an enrolled copy of this resolution lowing new section at the end of Subtitle E: sions be authorized to meet for a hear- to— SEC. 946. LIMITATION ON APPROPRIATION OF ing on the reauthorization of the Cor- (A) Dr. C.D. ‘‘Dan’’ Mote, the President of FUNDS. poration for National and Community the University of Maryland; No funds may be appropriated under sub- Service during the session of the Sen- (B) Deborah Yow, the Athletic Director at title E of title IX unless all programs and au- ate on Tuesday, April 9, 2002, at 10 a.m. the University of Maryland; and thorities contained in this subtitle have been The PRESIDING OFFICER. Without (C) Gary Williams, the head coach of the approved in legislation within the appro- objection, it is so ordered. University of Maryland Terrapins men’s bas- priate committees of jurisdiction and en- ketball team. acted thereafter. COMMITTEE ON THE JUDICIARY Mr. REID. Mr. President, I ask unan- f SA 3084. Mr. BOND submitted an imous consent that the Committee on AMENDMENTS SUBMITTED AND amendment intended to be proposed to the Judiciary be authorized to meet to PROPOSED amendment SA 2917 proposed by Mr. conduct a hearing on ‘‘FBI Reforming SA 3082. Mr. BAUCUS submitted an amend- DASCHLE (for himself and Mr. BINGA- the 21st Century: The Lessons of the ment intended to be proposed to amendment MAN) to the bill (S. 517) to authorize Hanssen Espionage Case’’ today, Tues- SA 2917 proposed by Mr. DASCHLE (for him- funding the Department of Energy to day, April 9, 2002, in Dirksen room 628 self and Mr. BINGAMAN) to the bill (S. 517) to enhance its mission areas through at 10 a.m. authorize funding the Department of Energy technology transfer and partnerships Agenda to enhance its mission areas through tech- for fiscal years 2002 through 2006, and nology transfer and partnerships for fiscal Witnesses years 2002 through 2006, and for other pur- for other purposes; which was ordered poses; which was ordered to lie on the table. to lie on the table; as follows: Panel I: The Honorable William Web- SA 3083. Mr. BOND submitted an amend- On page 307, after line 3, strike ‘‘Secretary ster, Milbank, Tweed, Hadley & McCoy, ment intended to be proposed to amendment of Housing and Urban Development’’ wher- LLP, Washington, DC. SA 2917 proposed by Mr. DASCHLE (for him- ever it appears in Subtitle E, and insert in Panel II: Mr. Dale Watson, Executive self and Mr. BINGAMAN) to the bill (S. 517) lieu thereof the following ‘‘Secretary of En- Assistant Director for Counterter- supra; which was ordered to lie on the table. ergy.’’ SA 3084. Mr. BOND submitted an amend- On page 307, after line 3, strike ‘‘Sec- rorism/Counterintelligence, Federal ment intended to be proposed to amendment retary’’ wherever it appears by itself without Bureau of Investigation, Washington, SA 2917 proposed by Mr. DASCHLE (for him- explicit reference to an agency or depart- DC; Mr. Dave Szady, Assistant Director self and Mr. BINGAMAN) to the bill (S. 517) ment and insert in lieu thereof ‘‘Secretary of for Counterintelligence Division, Fed- supra; which was ordered to lie on the table. Energy.’’ eral Bureau of Investigation, Wash- f f ington, DC; and Mr. Kenneth Senser, TEXT OF AMENDMENTS Assistant Director for Security Divi- AUTHORITY FOR COMMITTEES TO sion, Federal Bureau of Investigations, SA 3082. Mr. BAUCUS submitted an MEET Washington, DC. amendment intended to be proposed to The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES amendment SA 2917 proposed by Mr. objection, it is so ordered. Mr. REID. Mr. President, I ask unan- DASCHLE (for himself and Mr. BINGA- SUBCOMMITTEE ON SEAPOWER MAN) to the bill (S. 517) to authorize imous consent that the Committee on Armed Services be authorized to meet Mr. REID. Mr. President, I ask unan- funding the Department of Energy to imous consent that the Subcommittee enhance its mission areas through during the session of the Senate on Tuesday, April 9, 2002, at 9:30 a.m., in on Seapower of the Committee on technology transfer and partnerships Armed Services be authorized to meet for fiscal years 2002 through 2006, and open session to receive testimony on Department of Defense policies and during the session of the Senate on for other purposes; which was ordered Tuesday, April 9, 2002, at 2:30 p.m., in to lie on the table; as follows: programs to transform the force to meet the challenges of the twenty-first open session to receive testimony on At the appropriate place, insert the fol- Navy equipment required for fielding a lowing: century. The PRESIDING OFFICER. Without 21st century capabilities-based Navy in SEC. ll. SALE OF GASOLINE AND DIESEL FUEL review of the Defense authorization re- AT DUTY-FREE SALES ENTERPRISES. objection, it is so ordered. quest for fiscal year 2003. (a) PROHIBITION.—Section 555(b) of the Tar- COMMITTEE ON FOREIGN RELATIONS iff Act of 1930 (19 U.S.C. 1555(b)) is amended— Mr. REID. Mr. President, I ask unan- Agenda (1) by redesignating paragraphs (6) through imous consent that the Committee on Witnesses (8) as paragraphs (7) through (9), respec- Foreign Relations be authorized to tively; and meet during the session of the Senate Panel I: Admiral Vernon E. Clark, (2) by inserting after paragraph (5) the fol- USN, Chief of Naval Operations. lowing: on Tuesday, April 9, 2002, at 2:30 p.m. to ‘‘(6) Any gasoline or diesel fuel sold at a hold a hearing titled, ‘Weak States in Panel II: Major General William A. duty-free sales enterprise shall be considered Africa—U.S. Policy Options in the Whitlow, USMC, Director, Expedi- to be entered for consumption into the cus- DRC.’ tionary Warfare Division, Department toms territory of the United States.’’. of the Navy; Rear Admiral Phillip M. (b) CONSTRUCTION.—The amendments made Agenda Balisle, USN, Director, Surface War- by this section shall not be construed to cre- fare Division, Department of the Navy; Witness ate any inference with respect to the inter- Rear Admiral Paul F. Sullivan, USN, pretation of any provision of law as such pro- Panel 1: Mr. William Bellamy, Acting Director, Submarine Warfare Division, vision was in effect on the day before the Assistant Secretary for African Affairs, date of enactment of this Act. Department of the Navy; and Rear Ad- Department of State, Washington, DC. (c) EFFECTIVE DATE.—The amendments miral Michael J. McCabe, USN, Direc- made by this section shall take effect on the Panel 2: Ms. Fabienne Hara, Co-Di- tor, Air Warfare Division, Department date of enactment of this Act. rector of the Africa Program, Inter- of the Navy. national Crisis Group, Brussels, Bel- The PRESIDING OFFICER. Without SA 3083. Mr. BOND submitted an gium; Mr. Learned Dees, Program Of- objection, it is so ordered. amendment intended to be proposed to fice for Africa, National Endowment f amendment SA 2917 proposed by Mr. for Democracy, Washington, DC; and DASCHLE (for himself and Mr. BINGA- Ms. Anne Edgerton, Advocate, Refu- CONGRATULATING THE UNIVER- MAN) to the bill (S. 517) to authorize gees International, Washington, DC. SITY OF MARYLAND TERRAPINS funding the Department of Energy to The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask enhance its mission areas through objection, it is so ordered. unanimous consent that the Senate

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2419 proceed to S. Res. 233 submitted earlier All-Defensive Team; senior center rise to the pinnacle of the academic today by Senators SARBANES and MI- Lonny Baxter, Most Valuable Player of world. Our university is a national KULSKI. the East Region, Second Team All- leader in science, engineering and busi- The PRESIDING OFFICER. The ACC, honorable mention All-American, ness. clerk will report the resolution by and a member of the ACC All Defensive The Terps had a perfect season dur- title. Team; senior forward Byron Mouton, ing their last year at Cole Field House. The legislative clerk read as follows: Honorable Mention All-ACC; senior The University of Maryland and the en- A resolution (S. Res. 233) congratulating guard Earl Badu; junior guard Steve tire State is grateful for everything the University of Maryland Terrapins for Blake, named to the Third Team All- this basketball team has given us. winning the 2002 NCAA National Basketball ACC, and Honorable Mention All-Amer- I ask my colleagues to join me in Championship. ican; junior forward Tahj Holden; jun- commending the University of Mary- There being no objection, the Senate ior guard Drew Nicholas; junior center land’s Terrapins for being such great proceeded to consider the resolution. Ryan Randle; junior guard Calvin winners—both on and off the court. Mr. REID. Madam President, I ask Mr. SARBANES. Madam President, McCall; sophomore forward Chris unanimous consent that the resolution one of Aesops fables tells of the race Wilcox, named to the Third Team All- and preamble be agreed to en bloc, the between the tortoise and the hare. As ACC; freshman guard Andre Collins; the story goes, the hare took off at the motion to reconsider be laid upon the and freshman forward Mike Grinnon. table, and that any statements related start of the race at a very swift pace On behalf of the State of Maryland, thereto be printed in the RECORD. but soon tired, stopped and fell fast the Maryland congressional delegation asleep. The tortoise, on the other hand, The PRESIDING OFFICER. Without and the University of Maryland, I ask objection, it is so ordered. maintained a slow and steady pace and my colleagues to join me in acknowl- The resolution (S. Res. 233) was passed the sleeping hare en route to a edging the outstanding efforts of this agreed to. victory. The moral of the story is amazing group of basketball players, The preamble was agreed to. ‘‘slow but steady wins the race.’’ coaches and staff. The resolution, with its preamble, Such was the pace to the 2002 NCAA Ms. MIKULSKI. Madam President, I reads as follows: Basketball Championship for the Uni- rise to pay tribute to the nation’s pre- S. RES. 233 versity of Maryland Terrapins. Fol- mier men’s college basketball team, Whereas the 2002 University of Maryland lowing a Final Four appearance in last the University of Maryland Terrapins. Terrapins men’s basketball team won 32 year’s NCAA Tournament, expecta- I am so proud that our Terps are our games, a school record for wins in a season; tions were high for this year’s team. national champions. Their victory Whereas the 2002 Maryland Terrapins were From the first tip-off last October dur- shows the hard work, perseverance and undefeated at home in the last year of play ing Midnight Madness to the final buzz- experience of an amazing team—and at historic Cole Field House, compiling a home record of 15–0; er of this year’s championship game, the support of an outstanding univer- the entire Terrapin team, led by head Whereas the 2002 Maryland Terrapins con- sity. This resolution seeks to celebrate tinued their dominance over nonconference coach and University of Maryland the Terps’ victory. opponents at home, extending their NCAA alumnus Gary Williams, pursued a de- Our Terps have worked so hard to record nonconference home winning streak liberate and determined course. Their reach these heights, shaping college to 84 wins; journey culminated on the night of basketball history as they got here. Whereas the 2002 Maryland Terrapins won April 1, 2002, when the team won the They are led by a Terrapin who learned their first, outright Atlantic Coast Con- NCAA Men’s Division 1 Basketball about much more than basketball as a ference regular season championship in 22 Championship. years; student and graduate-assistant in five Whereas the Maryland Terrapins qualified It is with a deep sense of Maryland years at College Park. Coach Gary Wil- for a 9th consecutive NCAA tournament pride and pleasure that I rise as the liams is that Terrapin—a true leader, a under Coach Gary Williams, being awarded a chairman of the Maryland congres- true teacher, and a true Marylander at number 1 seed in the East Region; sional delegation to submit a resolu- heart. As ACC Coach of the Year, Whereas the Maryland Terrapins handily tion congratulating the University of Coach Williams led the Terps to the defeated the Siena College Saints in the first Maryland Terrapins for winning the regular season ACC title, and their round of the NCAA tournament by a score of 2002 NCAA National Basketball Cham- first national championship. But even 85–70; pionship. My Maryland colleague, Sen- Whereas in the second round, the Maryland more important, he has continue to Terrapins ousted the Wisconsin Badgers by a ator BARBARA MIKULSKI, is joining me shape the lives of the young men he score of 87–57; in this effort and the Maryland House coaches. Whereas in the Sweet Sixteen, the Mary- delegation, led by University of Mary- He cares about his players on and off land Terrapins overpowered the tough Ken- land alum, STENY HOYER, is also sub- the court. That meant encouraging tucky Wildcats by a score of 78–68; mitting a similar resolution. them in their studies as well as in their Whereas in the final game of the East Re- As our resolution highlights, this has sport. He helped them understand the gional, the Maryland Terrapins earned a 2d been a remarkable run for the men’s importance of getting their degrees. straight bid to the Final Four by defeating basketball team. The team won a the Connecticut Huskies by a score of 90–82; His success is shown in the fact that Whereas in the Final Four, the Maryland school record 32 games. They went four of his players are serious—more Terrapins achieved a 97–88 victory over the undefeated at home, including their than any of their competitors. potent Kansas Jayhawks; impressive win over Duke University These men include this year’s dy- Whereas in the NCAA championship game, by a score of 97–73. This year was the namic senior class of Earl Badu, Byron the Maryland Terrapins came away with a last year that the team will play in Mouton, Lonny Baxter, and Juan 64–52 victory over the storied Indiana Hoo- historic Cole Field House and the sea- Dixon. I am so proud of them because siers; son was a fitting tribute to a building they will all graduate this year, prov- Whereas on April 1, 2002 the University of that has witnessed so many remark- ing that Coach Williams’ philosophy of Maryland won the NCAA men’s basketball championship, the first ever for the Univer- able games over the years. This year’s hard work on and off the court works sity of Maryland; team continued its home court domi- here in Maryland. Their experience was Whereas the 2002 Maryland Terrapins, by nance over non-conference opponents, a key factor in their victory. winning the 2002 NCAA men’s basketball extending its winning streak to 84 When Coach Williams recruits and championship, became only the 5th NCAA wins, the current longest winning teaches players, he doesn’t always look Division I athletic program to have won na- streak in the Nation. for the flashiest prospects. He works tional championships in both basketball and Madam President, please join me in with men he can make into champions. football; congratulating the Maryland Terrapin Our Terrapins show that championship Whereas senior Juan Dixon was named the team members: senior guard Juan most outstanding player of the 2002 NCAA spirit on and off the court. And that is tournament, first team all-American, and Dixon, the 2002 NCAA Tournament’s what a Maryland education is all Atlantic Coast Conference player of the year; Most Outstanding Player, the ACC about. Whereas senior Lonny Baxter was named Player of the Year, a First-Team All- The Terrapins’ court successes have the most valuable player in regional play for American, and a member of the ACC mirrored the University of Maryland’s the second year in a row; and

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Whereas in game number 2002 of the Uni- ENVIRONMENTAL PROTECTION AGENCY THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C. SECTION 6222: versity of Maryland men’s basketball pro- JOHN PETER SUAREZ, OF NEW JERSEY, TO BE AN AS- gram, the Terrapins achieved the title of 2002 SISTANT ADMINISTRATOR OF THE ENVIRONMENTAL To be first lieutenant national champion: Now, therefore, be it PROTECTION AGENCY, VICE STEVEN ALAN HERMAN, RE- JASON K. PETTIG, 0000 SIGNED. Resolved, That the Senate— IN THE AIR FORCE (1) congratulates the mighty University of BROADCASTING BOARD OF GOVERNORS THE FOLLOWING NAMED STUDENTS FOR A REGULAR STEVEN J. SIMMONS, OF CONNECTICUT, TO BE MEMBER Maryland Terrapins for winning the 2002 APPOINTMENT IN THE GRADE INDICATED IN THE UNITED OF THE BROADCASTING BOARD OF GOVERNORS FOR THE NCAA national men’s basketball champion- STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 2114. REMAINDER OF THE TERM EXPIRING AUGUST 13, 2003, ship on April 1, 2002; VICE ALBERTO J. MORA. To be captain (2) commends the Maryland Terrapins for OVERSEAS PRIVATE INVESTMENT CORPORATION their outstanding performance in the 2002 SAMUEL E AIKELE, 0000 NED L. SIEGEL, OF FLORIDA, TO BE A MEMBER OF THE ANDREW T ALLEN, 0000 NCAA national tournament, the Atlantic BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- JONATHAN L ARNHOLT, 0000 Coast Conference, and the entire 2002 season; VESTMENT CORPORATION FOR A TERM EXPIRING DE- ERIKA S BEARD, 0000 CEMBER 17, 2003, VICE MIGUEL D. LAUSELL. MICHAEL J BENCA, 0000 (3) applauds the Maryland Terrapins for GLENN D BURNS, 0000 their commitment to high standards of char- DEPARTMENT OF STATE YOVANNI CASABLANCA, 0000 acter, perseverance, and teamwork; MARC A CHILDRESS, 0000 JACK C. CHOW, OF PENNSYLVANIA, FOR THE RANK OF JARED A CHUGG, 0000 (4) congratulates the Maryland Terrapins AMBASSADOR DURING HIS TENURE OF SERVICE AS SPE- STEVEN D DEMARTINI, 0000 on reaching their goal of an NCAA cham- CIAL REPRESENTATIVE OF THE SECRETARY OF STATE ELIZABETH DUNCAN, 0000 FOR HIV/AIDS. pionship, an achievement that no previous ROBERT L EMERY, 0000 MERIT SYSTEMS PROTECTION BOARD TRAVIS W GERLACH, 0000 Maryland men’s basketball team had been ANNE GRAY, 0000 able to accomplish; STUART D. RICK, OF MARYLAND, TO BE A MEMBER OF ALAN D GUHLKE, 0000 (5) recognizes the achievements of the THE MERIT SYSTEMS PROTECTION BOARD FOR THE GREGORY D GUTKE, 0000 TERM OF SEVEN YEARS EXPIRING MARCH 1, 2007, VICE DAVID J HOOPES, 0000 players, coaches, and support staff who were BARBARA J. SAPIN. JONATHAN C JACKSON, 0000 instrumental in helping the University of LEGAL SERVICES CORPORATION NORRIS J JACKSON, 0000 Maryland Terrapins win the 2002 NCAA KEITH J JOE, 0000 LILLIAN R. BEVIER, OF VIRGINIA, TO BE A MEMBER OF GARY S KIM, 0000 championship; THE BOARD OF DIRECTORS OF THE LEGAL SERVICES SCOTT A KING, 0000 (6) congratulates all of the 65 outstanding CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE JEFFREY M LAMMERS, 0000 teams who participated in the 2002 NCAA HULETT HALL ASKEW, TERM EXPIRED. DANIEL R LAMOTHE, 0000 ROBERT J. DIETER, OF COLORADO, TO BE A MEMBER OF WAYNE A LATACK, 0000 Tournament; THE BOARD OF DIRECTORS OF THE LEGAL SERVICES PAUL E LEWIS III, 0000 (7) congratulates the National Collegiate CORPORATION FOR A TERM EXPIRING JULY 13, 2002, VICE KENNETH A MARRIOTT III, 0000 Athletic Association for its continuing ex- F. WILLIAM MCCALPIN, TERM EXPIRED. BRYANT R MARTIN, 0000 ROBERT J. DIETER, OF COLORADO, TO BE A MEMBER OF CASSANDRA T MCDANIEL, 0000 cellence in providing a supportive arena for THE BOARD OF DIRECTORS OF THE LEGAL SERVICES JOSEPH H MCDERMOTT, 0000 college athletes to display their talents and CORPORATION FOR A TERM EXPIRING JULY 13, 2005. (RE- JANELLE L MOORE, 0000 sportsmanship; and APPOINTMENT) THOMAS O MOORE, 0000 THOMAS A. FUENTES, OF CALIFORNIA, TO BE A MEM- JOHN J MURDOCK, 0000 (8) directs the Secretary of the Senate to BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- SEAN P OBRIEN, 0000 transmit an enrolled copy of this resolution ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2002, GILBERTO PATINO, 0000 to— VICE THOMAS F. SMEGAL, JR., TERM EXPIRED. ERIC V PLOTT, 0000 THOMAS A. FUENTES, OF CALIFORNIA, TO BE A MEM- IAN C RIDDOCK, 0000 (A) Dr. C.D. ‘‘Dan’’ Mote, the President of BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- JON M ROBITSCHEK, 0000 the University of Maryland; ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2005. TREVOR J SCHAR, 0000 (B) Deborah Yow, the Athletic Director at (REAPPOINTMENT) CARRIE A SCHMID, 0000 MICHAEL MCKAY, OF WASHINGTON, TO BE A MEMBER CHRISTIAN J SMITH, 0000 the University of Maryland; and OF THE BOARD DIRECTORS OF THE LEGAL SERVICES DREW N SWASEY, 0000 (C) Gary Williams, the head coach of the CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE ARLO M TAN, 0000 University of Maryland Terrapins men’s bas- NANCY HARDIN ROGERS, TERM EXPIRED. CECELIA M TATSUMI, 0000 FRANK B. STRICKLAND, OF GEORGIA, TO BE A MEMBER MONICA J TILLMAN, 0000 ketball team. OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES JUSTIN J TINGY, 0000 CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE MARISSA M VALENCIA, 0000 f JOHN N. ERLENBORN, TERM EXPIRED. GUY C VENUTI, 0000 CHRISTINA M WAITE, 0000 DEPARTMENT OF JUSTICE ORDERS FOR WEDNESDAY, APRIL SUK C WHANG, 0000 10, 2002 RAY ELMER CARNAHAN, OF ARKANSAS, TO BE UNITED BRYAN M WHITE, 0000 STATES MARSHAL FOR THE EASTERN DISTRICT OF AR- IN THE ARMY Mr. REID. Madam President, I ask KANSAS FOR THE TERM OF FOUR YEARS, VICE CONRAD unanimous consent that when the Sen- S. PATTILLO, TERM EXPIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WALTER ROBERT BRADLEY, OF KANSAS, TO BE UNITED TO THE GRADE INDICATED IN THE UNITED STATES ARMY ate completes its business today, it ad- STATES MARSHAL FOR THE DISTRICT OF KANSAS FOR UNDER TITLE 10, U.S.C., SECTION 624: journ until tomorrow morning at 9:15 THE TERM OF FOUR YEARS, VICE RICHARD RAND ROCK II, TERM EXPIRED. To be major a.m.; that following the prayer and THERESA A. MERROW, OF KENTUCKY, TO BE UNITED WILLIAM K.C. PARKS, 0000 pledge, the Journal of proceedings be STATES MARSHAL FOR THE MIDDLE DISTRICT OF GEOR- GIA FOR THE TERM OF FOUR YEARS, VICE LAWSON CARY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT approved to date, the morning hour be BITTICK, TERM EXPIRED. TO THE GRADE INDICATED IN THE RESERVE OF THE deemed expired, the time for the two IN THE NAVY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: leaders be reserved for their use later THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel in the day, and the Senate resume con- IN THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL J. BENNETT, 0000 sideration of the energy reform bill. UNDER TITLE 10, U.S.C., SECTION 624: JERRY D. DELACRUZ, 0000 To be rear admiral (lower half) JEFFREY GONSECKI, 0000 The PRESIDING OFFICER. Without LEONARD C. HAWKINS, 0000 CAPT. MARK D. HARNITCHEK, 0000 ROBERT S. HOUGH, 0000 objection, it is so ordered. CAPT. MICHAEL S. ROESNER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OFFICERS FOR APPOINTMENT TO IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE GRADE INDICATED IN THE RESERVE OF THE ARMY ADJOURNMENT UNTIL 9:15 A.M. UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TOMORROW To be rear admiral (lower half) To be colonel Mr. REID. Madam President, if there CAPT. BRIAN G. BRANNMAN, 0000 FRANK E. BATTS, 0000 PAUL J. CIERVO, 0000 is no further business to come before THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WAYNE L. HILL, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JEFFREY A. JENKINS, 0000 the Senate, I ask unanimous consent UNDER TITLE 10, U.S.C., SECTION 624: that the Senate stand in adjournment CHRISTIAN JUBOK, 0000 To be rear admiral (lower half) EUNICE PATXOT, 0000 under the previous order. DANIEL J. SCHMICK, 0000 There being no objection, the Senate, CAPT. THOMAS K. BURKHARD, 0000 EVELYN M. WILSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS at 6:03 p.m., adjourned until Wednes- IN THE UNITED STATES NAVY TO THE GRADE INDICATED day, April 10, 2002, at 9:15 a.m. UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) TO THE GRADE INDICATED IN THE UNITED STATES MA- f RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CAPT. RICHARD E. CELLON, 0000 To be major NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BAMIDELE J ABOGUNRIN, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED CHRISTOPHER C ABRAMS, 0000 Executive nominations received by UNDER TITLE 10, U.S.C., SECTION 624: JOHN C ALLEE, 0000 the Senate April 9, 2002: To be rear admiral ROBERT J ALLEN, 0000 COMMODITY FUTURES TRADING COMMISSION GARY V ALLISON, 0000 REAR ADM. (LH) CHARLES H. JOHNSTON JR., 0000 OSCAR M ALVAREZ II, 0000 SHARON BROWN-HRUSKA, OF VIRGINIA, TO BE A COM- IN THE MARINE CORPS JOHN F AMERICA, 0000 MISSIONER OF THE COMMODITY FUTURES TRADING COM- LEONARD F ANDERSON IV, 0000 MISSION FOR THE REMAINDER OF THE TERM EXPIRING THE FOLLOWING NAMED SERVICE MEMBER FOR AP- CHARLES M ANDREWS JR., 0000 APRIL 13, 2004, VICE WILLIAM J. RAINER, RESIGNED. POINTMENT TO THE TEMPORARY GRADE INDICATED IN PHILIP G ANTEKEIER, 0000

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JON J ANTONELLI, 0000 JOSEPH M COUREY, 0000 PAUL A GOSDEN, 0000 VINCENT D APPLEWHITE, 0000 PAUL T COURTAWAY JR., 0000 ADRIAN C GOSS, 0000 ERIC M ARBOGAST, 0000 JOHN H COVINGTON JR., 0000 WENDY J GOYETTE, 0000 STEPHEN P ARMES, 0000 KENNETH L CRABTREE, 0000 JEFFREY M GRAHAM, 0000 MITCHELL K ARNZEN, 0000 DARYL G CRANE, 0000 DAVID P GRANT, 0000 KENNETH L ASBRIDGE III, 0000 TIMOTHY S CRONIN, 0000 JERAMY GREEN, 0000 HUGH L ATKINSON, 0000 ALAN F CROUCH, 0000 MICHAEL T GREENO, 0000 JOHN B ATKINSON, 0000 PAUL D CUCINOTTA, 0000 DANIEL Q GREENWOOD, 0000 STEPHEN C AUGUSTIN, 0000 DREW E CUKOR, 0000 JUSTIN T GREINER, 0000 GAMAL F AWAD, 0000 MATTHEW C CULBERTSON, 0000 SEAN M GRENIER, 0000 WILLIAM L BABCOCK JR., 0000 CORY M CUNNINGHAM, 0000 THOMAS C GRESSER II, 0000 TERRY L BAGGETT, 0000 WILLIAM H CUPPLES, 0000 MICHAEL D GRICE, 0000 CHRISTOPHER R BAIRD, 0000 MATTHEW DALKIEWICZ, 0000 DAVID M GRIESMER, 0000 THOMAS P BAJUS II, 0000 KEVIN J DALY, 0000 JOHN C GRISDALE, 0000 WILLIAM G BALESTRERI, 0000 ROGER P DALZIEL, 0000 JOSEPH S GROSS, 0000 RICHARD S BARNES, 0000 CHARLES E DANIEL, 0000 THOMAS A GRUNDHERR, 0000 CRAIG P BARNETT, 0000 ROMIN DASMALCHI, 0000 PATRICK M GUINEE, 0000 JOHN M BARNETT, 0000 BRENT R DAVIS, 0000 CHRISTOPHER R HAASE, 0000 TIMOTHY E BARRICK, 0000 MADELEINE DAVIS, 0000 TERRY D HAGEN, 0000 MICHAEL B BARRY, 0000 MICHAEL A DAVIS, 0000 WILLIAM T HAGEROTT, 0000 ARA E BARTON, 0000 NICHOLAS E DAVIS, 0000 WILLIAM G HALL, 0000 WENDELL BAZEMORE, 0000 YOLANDA DAVIS, 0000 JOSHUA P HALLETT, 0000 GEORGE B BEACH, 0000 SARAH M DEAL, 0000 JON L HALVERSON, 0000 CHRISTOPHER C BEAVERS, 0000 JOHN E DEATON, 0000 PATRICK H HANDLEY, 0000 THOMAS J BEIKIRCH, 0000 MICHAEL E DEHNER, 0000 MARK P HANEY, 0000 GABRIEL BELTRAN, 0000 GARY E DELGADO, 0000 MICHAEL J HARMON, 0000 WILLIAM D BENSCH, 0000 WILLIAM L DEPUE JR., 0000 STUART M HARNESS, 0000 CHARLES T BERRY, 0000 SCOTT T DERKACH, 0000 KEVIN C HARRIS, 0000 JOHN R BINDER III, 0000 PAUL T DEUTSCH, 0000 CHRISTIAN D HARSHBERGER, 0000 CHARLES N BLACK, 0000 CHRISTOPHER P DEVER, 0000 CARLTON W HASLE, 0000 HAYNESLY R BLAKE, 0000 GERT J DEWET, 0000 JOHN W HATALA, 0000 PETER S BLAKE, 0000 JORGE DIAZ, 0000 ROBERT A HAUGHTON, 0000 TIMOTHY H BOETTCHER, 0000 DAVID I DIERSEN, 0000 MARK D HAWKINS, 0000 DAVID H BOHN, 0000 ANDREW L DIETZ, 0000 SEAN D HAYES, 0000 ANTHONY C BOLDEN, 0000 DANIEL J DIMICCO, 0000 WESLEY T HAYES, 0000 RAPHAEL E BONITA, 0000 SEAN R DOBECK, 0000 DANIEL P HEALEY, 0000 STEFAN J BOOTH, 0000 THOMAS J DODDS, 0000 KEVIN M HEARTWELL, 0000 DAVID C BORKOWSKI, 0000 JANET M DOERNING, 0000 RONALD E HEATH, 0000 PARRISH M BOULWARE, 0000 JOHN J DONAHOE, 0000 CHAD T HEDLESTON, 0000 STEVEN R BOWERS, 0000 JONATHAN M DONIGAN, 0000 LEE G HELTON, 0000 ROBERT J BRAATZ, 0000 LANCE S DORMAN, 0000 CARL C HENGER, 0000 ROBERT G BRACKNELL, 0000 DARRYL W DOTSON, 0000 BRENT S HEPPNER, 0000 RICHARD T BRADY, 0000 CRAIG R DOTY, 0000 RAPHAEL HERNANDEZ, 0000 DAVID R BRAMAN, 0000 PETER M DOUGHTY, 0000 JOHN B HICKS, 0000 JULIE B BRANDEL, 0000 ROBERT D DOZIER, 0000 KARL E HILL, 0000 ROLLIN D BREWSTER III, 0000 ANDREW J DRAKE, 0000 JOHN G HINSON, 0000 PAUL B BRICKLEY, 0000 JOHN G DUCOTE, 0000 DANIEL P HINTON, 0000 BRUCE L BRIDGEWATER, 0000 KEVIN C DUGAN, 0000 PATRICK R HITTLE, 0000 SCOTT A BRINK, 0000 STEVEN E DUKE, 0000 MICHAEL O HIXSON, 0000 VAN P BRINSON III, 0000 FRANKLIN C DUNN, 0000 MICHAEL R HODSON, 0000 SCOTT E BROBERG, 0000 BRIAN M DWYER, 0000 TIMOTHY H HOGAN, 0000 HENRY D BROWN, 0000 KURT G EBAUGH, 0000 MITCHELL L HOINES, 0000 PETER J BROWN, 0000 CURTIS V EBITZ JR., 0000 JOHN G HOLBROOK, 0000 RALPH E BRUBAKER JR., 0000 BRIAN W ECARIUS, 0000 SEANAN R HOLLAND, 0000 ROBERT J BRUDER, 0000 BEN T EDWARDS JR., 0000 PIERRE G HOLLIS, 0000 DOUGLAS J BRUNE, 0000 HAROLD B EGGERS, 0000 RENEE A HOLMES, 0000 MICHAEL R BRUNNSCHWEILER, 0000 JAY M EGLOFF, 0000 EVAN N HOLT, 0000 TIMOTHY R BRYANT, 0000 BRIAN D EHRLICH, 0000 JEFFREY C HOLT, 0000 ANDREW S BURCHFIELD, 0000 JEFFREY A EICHHOLZ, 0000 WILLIAM W HOOPER, 0000 KENNETH A BURGER, 0000 CHRISTIAN T ELLINGER, 0000 PATRICK S HOULAHAN, 0000 WILLIAM S BURGER, 0000 JAMES B ELLIS, 0000 JAMES E HOWARD, 0000 ROBERT A BURGIN, 0000 KYLE B ELLISON, 0000 COLT J HUBBELL, 0000 HAROLD E BURKE, 0000 DOUGLAS J ENGEL, 0000 MIKEL R HUBER, 0000 JOHN P BURTON, 0000 DAREN J ERICKSON, 0000 LAWRENCE E HUGGINS JR., 0000 ALBERT J BUSENBARK, 0000 JEFFREY R ERTWINE, 0000 BRIAN G HUGHES, 0000 GEORGE CADWALADER JR., 0000 ANTHONY C FABIANO, 0000 THOMAS P HUMANN, 0000 TODD R CALHOUN, 0000 IAN M FACEY SR, 0000 NATHAN E HUNTINGTON, 0000 JEFFREY R CALLAGHAN, 0000 PETER C FAERBER, 0000 MICHAEL J IRONS, 0000 SHAWN P CALLAHAN, 0000 THOMAS M FAHY JR., 0000 CHRISTOPHER B JACKSON, 0000 MICHAEL J CALLANAN, 0000 JAMES P FALLON, 0000 JEFFREY J JACKSON, 0000 DANIEL T CANFIELD JR., 0000 RONALD M FARRIS JR., 0000 THOMAS C JARMAN, 0000 JUDE F CAREY JR., 0000 CHRISTOPHER M FEARS, 0000 DAVID K JARVIS, 0000 CURTIS W CARLIN, 0000 FREDERICK G FERARES, 0000 JEFFREY R JOHNSON, 0000 GLEN M CARLSON, 0000 GREG A FEROLDI, 0000 KARL E JOHNSON, 0000 JAMES C CARROLL III, 0000 TODD W FERRY, 0000 JASON A JOHNSTON, 0000 JOHN D CARROLL, 0000 TIMOTHY J FETSCH, 0000 CHARLES E JONES JR., 0000 MATTHEW J CARROLL, 0000 CHRISTOPHER A FEYEDELEM, 0000 DAVID E JONES, 0000 JOHN F CARSON JR., 0000 JOHN M FIELD, 0000 BRIAN P KALK, 0000 MICHAEL T CARSON, 0000 DANNY R FIELDS, 0000 MICHAEL T KAMINSKI, 0000 RONNIE A CARSON JR., 0000 ANDREW T FITZPATRICK, 0000 KENNETH D KARIKA, 0000 JENNIFER E CARTER, 0000 BRIAN G FITZPATRICK, 0000 JEFFREY S KAWADA, 0000 MELVIN G CARTER, 0000 ERIC C FLEMING, 0000 DANIEL R KAZMIER, 0000 JOSEMARTIN K CASADO, 0000 ANDREW J FLOYD, 0000 PATRICK J KEANE III, 0000 ERIC R CASEY, 0000 VINCENT H FONTENOT JR., 0000 AARON P KEENAN, 0000 MICHAEL J CASTAGNA, 0000 KEITH A FORKIN, 0000 HUNTER R KELLOGG, 0000 STEPHEN L CASTORA, 0000 MATTHEW J FOWLER, 0000 HOLLIE D KELLY, 0000 MICHAEL V CAVA, 0000 WESLEY A FRASARD JR., 0000 MATTHEW G KELLY, 0000 MATTHEW G CHALKLEY, 0000 ERIK G FRECHETTE, 0000 THOMAS E KERLEY, 0000 BENJAMIN D CHAPMAN, 0000 THOMAS J FREEL, 0000 MILLER J KERR, 0000 CLINTON J CHLEBOWSKI, 0000 ROBERT A FREELAND, 0000 ASLAM G KHAN, 0000 BRIAN S CHRISTMAS, 0000 LLOYD D FREEMAN, 0000 KYLE T KIMBALL, 0000 ROBERT M CLARK, 0000 JAMES W FREY, 0000 ROBERT L KIMBRELL II, 0000 TROY L CLARK, 0000 KEITH A FRY, 0000 PATRICK S KIRCHNER, 0000 WILLIAM P CLARK, 0000 BRYON J FUGATE, 0000 SCOTT J KISH, 0000 GREGORY J CLARKE, 0000 ALEX K FULFORD, 0000 CHRISTOPHER L KOELZER, 0000 TIMOTHY L CLARKE, 0000 ROBERT C FULFORD, 0000 WILLIAM S KOHMUENCH, 0000 JOSEPH R CLEARFIELD, 0000 DARYL M FULLER, 0000 FRANKLIN P KOLBE, 0000 SCOTT B CLIFTON, 0000 JAMES H FULLER, 0000 STEVEN J KOTANSKY, 0000 ERIN D COADY, 0000 MARK R FULLER, 0000 BRYAN K KRAMER, 0000 ERIK E COBHAM, 0000 JAMES R FULLWOOD JR., 0000 ADAM R KUBICKI, 0000 DOUGLAS L CODY, 0000 THOMAS M GAINOR, 0000 DOUGLAS V KUHN, 0000 JEFFREY L COKER, 0000 CHRISTOPHER J GALFANO, 0000 WALTER W KULAKOWSKI, 0000 KEITH A COLEMAN, 0000 EDWARD A GARLAND, 0000 ALEXANDER J KUZMA, 0000 LAWRENCE C COLEMAN, 0000 DANIEL W GEISENHOF, 0000 SCOTT S LACY, 0000 WAYNE E COLLINS, 0000 JASON S GERIN, 0000 JOHN P LAGANA JR., 0000 CHRISTOPHER J CONNELLY, 0000 WILLIAM W GERST JR., 0000 TROY D LANDRY, 0000 FRANK P CONWAY, 0000 STEPHEN P GHOLSON, 0000 EDWARD T LANG, 0000 DAVID S COOK, 0000 ROBERT R GICK, 0000 DARYL J LANINGA, 0000 SAMUEL C COOK, 0000 JOSEPH C GIGLIOTTI, 0000 STUART C LANKFORD, 0000 CARL E COOPER JR., 0000 ERIC M GILLARD, 0000 WILLIAM F LAPRATT, 0000 MATTHEW D COOPER, 0000 DEREK E GILLETTE, 0000 ERIC R LARSON, 0000 ROBERT D COOPER, 0000 ERIC A GILLIS, 0000 TERRENCE H LATORRE, 0000 SCOTT A COOPER, 0000 WILLIAM E GLASER IV, 0000 FRANK N LATT, 0000 DAVID M COOPERMAN, 0000 DOUGLAS V GLASGOW, 0000 BRUCE W LAUGHLIN, 0000 JAMES R COPPERSMITH, 0000 TIMOTHY C GOLDEN, 0000 PATRICK T LAVIGNE, 0000 ERIC M CORCORAN, 0000 HENRY L GONZALES, 0000 GARY P LEE, 0000 MARC D COSTAIN, 0000 DANIEL F GOODWIN, 0000 WALTER S LEE JR., 0000

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RAYMOND H LEGALL, 0000 KEITH E OWENS, 0000 WILLIAM M SLOAN, 0000 MICHAEL T LEGENS JR., 0000 PATRICK R OWENS, 0000 MARK E SLUSHER, 0000 JASON D LEIGHTON, 0000 LOUIS J PALAZZO, 0000 DAVID W SMITH, 0000 WENDELL B LEIMBACH JR., 0000 SEAN D PARKER, 0000 DUNCAN D SMITH JR., 0000 MARK J LENNERTON, 0000 TERRY L PATTERSON, 0000 MARCUS C SMITH, 0000 MICHAEL D LEPSON, 0000 CHRISTOPHER D PATTON, 0000 MARK D SMITH, 0000 REGINALD LEWIS, 0000 JEFFERY S PAULL, 0000 SAMUEL H SMITH, 0000 RODNEY L LEWIS, 0000 CLARKE A PAULUS, 0000 MICHAEL J SOBKOWSKI JR., 0000 RAUL LIANEZ, 0000 GEORGE L PAVEY, 0000 ALAN W SOLTER, 0000 MARK D LIGHT, 0000 JOHN S PAYNE II, 0000 JOHN H SORENSON, 0000 ROBERT S LIST, 0000 SCOTT A PAYNE, 0000 DAVID B SOSA, 0000 MARK A LISTER, 0000 SCOTT B PEARSON, 0000 KURT J SPACKMAN, 0000 ERIC S LIVINGSTON, 0000 THOMAS A PECINA, 0000 ANTHONY M SPARAGNO JR., 0000 ERIK A LLUFRIO, 0000 ERIC A PECK, 0000 PHILLIP E STACKHOUSE, 0000 CURTIS T LOBERGER, 0000 JACQUES T PELLETIER, 0000 SEAN R STALLARD, 0000 DANIEL C LOGAN, 0000 DANIEL K PENCE, 0000 ROBERT T STANFORD, 0000 JOSEPH A LORE, 0000 TODD E PERRY, 0000 JAMES L STANLEY, 0000 MELVIN L LOVE, 0000 JOHN PERSANO III, 0000 MARK J STANTON, 0000 MICHAEL W LOWES, 0000 PHILLIP E PETERS II, 0000 MICHAEL C STARLING, 0000 JOHN M LOZANO, 0000 RICHARD E PETERSEN, 0000 MICHAEL J STEELE, 0000 DAVID W LUCAS, 0000 DAVID S PETERSON, 0000 JEFFREY A STIVERS, 0000 JOSEPH A LUCIA III, 0000 JOHN D PETERSON, 0000 JAMES B STONE IV, 0000 RICHARD J LUCIER, 0000 RONALD J PETERSON, 0000 DAVID E STRAUB, 0000 JOSHUA L LUCK, 0000 ANDREW J PETRUCCI, 0000 BRIAN L STROBEL, 0000 HENRY W LUTZ III, 0000 DAVID H PETTERSSON, 0000 SCOTT P SUCKOW, 0000 JOHN J LUZAR, 0000 CHRISTOPHER L PHELPS, 0000 MICHAEL J SUTHERLAND, 0000 WILLIAM R LYNCH, 0000 LLOYD G PHILLIPS JR., 0000 TRAVIS L SUTTON, 0000 JOSEPH F LYONS, 0000 MICHAEL A PHILLIPS, 0000 CHAD D SWAN, 0000 JOHN F MACEIRA, 0000 RAYMOND J PLACIENTE, 0000 SHAWN M SWIER, 0000 JASON R MADDOCKS, 0000 DARRELL W PLATZ, 0000 DAVID S SYLVESTER, 0000 SCOTT A MADZIARCZYK, 0000 RICARDO T PLAYER, 0000 PATRICIO A TAFOYA, 0000 MICHAEL S MAGEE, 0000 JOHN R POLIDORO JR., 0000 GLENN K TAKABAYASHI, 0000 GEORGE G MALKASIAN, 0000 THOMAS E PRENTICE, 0000 CHRISTOPHER P TANSEY, 0000 DENNIS A MANACO, 0000 TODD E PRESCOTT, 0000 MICHAEL J TARGOS III, 0000 MICHAEL P MANDEL, 0000 CHARLES P PRESTON IV, 0000 EDWARD R TAYLOR, 0000 ROBB P MANSFIELD, 0000 JOHN J PRIFF, 0000 JOHN E TAYLOR, 0000 SHAWN E MANSFIELD, 0000 JAMES A PRITCHARD, 0000 MONTE D TENKLEY, 0000 RUSSELL W MANTZEL, 0000 MICHAEL J PROUTY, 0000 BRADFORD J TENNEY, 0000 LEONARD F MARTIN, 0000 JOHN A PRYCE, 0000 ROBERT E THIEN, 0000 HERIBERTO A MARTINEZ, 0000 MICHAEL A PURCELL, 0000 IVAN G THOMAS, 0000 DEMETRIUS F MAXEY, 0000 ERIC A PUTMAN, 0000 MICHAEL A THOMAS, 0000 JOSEPH E MAYBACH, 0000 SCOTT C RAINVILLE, 0000 TIMOTHY W THOMASSON, 0000 DAVID H MAYHAN, 0000 KELLY C RAMSHUR, 0000 MARK C THOMPSON, 0000 CLYDE D MAYS, 0000 CARLOS G RASCON, 0000 JOHN D THURMAN, 0000 THOMAS G MCCANN II, 0000 RICHARD R RAY JR., 0000 ROBERT B TIFFT, 0000 MATTHEW J MCCORMACK, 0000 MICHAEL T RECCE, 0000 CLAY C TIPTON, 0000 MATTHEW J MCDIVITT, 0000 ROBERT D REDMOND II, 0000 BRIAN F TIVNAN, 0000 ROGER T MCDUFFIE, 0000 MARVIN REED, 0000 JEFFERY J TLAPA, 0000 GARY D MCGEE, 0000 KEVIN P REILLY, 0000 KRIS A TLAPA, 0000 PATRICK M MCGEE, 0000 NORMAN L REITTER, 0000 TODD S TOMKO, 0000 ALAN G MCKINNON, 0000 DAVID S RENTZ, 0000 WILLIAM H TORRICO, 0000 MARIA S MCMILLEN, 0000 TIMOTHY D RENZ, 0000 SCOTT M TOUNEY, 0000 WILLIAM J MCWATERS, 0000 THOMAS J REPETTI SR, 0000 JOHN C TREPKA, 0000 JEFFREY W MEGARGEL, 0000 MATTHEW B REUTER, 0000 DAVID W TURNER, 0000 FRANCISCO J MELERO, 0000 DAVID A REYNOLDS, 0000 LARRY E TURNER JR., 0000 ELDON E METZGER, 0000 GREGORY F RHODEN, 0000 STEPHEN A TYNAN, 0000 RALPH B MEYERS, 0000 ROBERT C RICE, 0000 SCOTT E UKEILEY, 0000 SAMUEL L MIDDLETON, 0000 WILLIAM G RICE IV, 0000 WILLIAM A ULLMARK JR., 0000 DAVID M MIKKOLA, 0000 RODNEY A RICHARDSON, 0000 CARLOS O URBINA, 0000 CHARLES J MILES, 0000 CHRISTOPHER S RICHIE, 0000 TONY UZZLE, 0000 ALEXANDER H MILLER, 0000 RYAN S RIDEOUT, 0000 GABRIEL L VALDEZ III, 0000 BOYD A MILLER, 0000 SEAN R RIGGS, 0000 HENRY E VANDERBORGHT, 0000 DANIEL E MILLER, 0000 SEAN M RIORDAN, 0000 MICHAEL K VANNEST, 0000 PAUL W MILLER, 0000 PHILLIP R ROBERSON JR., 0000 STEPHEN K VANRIPER, 0000 LYNE H MILLS, 0000 BENJAMIN A ROBERTSON, 0000 MICHAEL C VARICAK, 0000 TERRY S MILNER, 0000 BRIAN P ROBINS, 0000 LUIS E VELAZQUEZ, 0000 THOMAS P MITALSKI, 0000 GEORGE M ROBINSON, 0000 LUIS E VILLALOBOS, 0000 ROBBY J MITCHELL, 0000 STEVEN ROBINSON, 0000 SALVATORE VISCUSO III, 0000 JOHN V MOLOKO, 0000 EDWARD J RODGERS, 0000 GLENN C VOGEL, 0000 MICHAEL C MONTI, 0000 CARLOS R RODRIGUEZ JR., 0000 ROBERT M VOITH, 0000 BRIAN P MONTOYA, 0000 FRANCISCO J RODRIGUEZ, 0000 DEAN J VRABLE, 0000 MICHAEL J MOONEY, 0000 CRAIG D ROGERSON, 0000 RHETT J VRANISH, 0000 SEAN P MOONEY, 0000 ERIC J ROPELLA, 0000 WILLIAM N WAINWRIGHT, 0000 CURTIS E MOORE II, 0000 ERIC S ROTH JR., 0000 JASON E WALDRON, 0000 KEITH F MOORE, 0000 GARY D ROTSCH, 0000 TODD S WALDRON, 0000 JUAN J MORENO, 0000 JAMES K ROUDEBUSH, 0000 CHRISTOPHER K WALES, 0000 JERRY R MORGAN, 0000 CARLOS O ROWE, 0000 RICHARD E WALKER III, 0000 PAUL T MORGAN, 0000 GEORGE B ROWELL IV, 0000 TYRONE WALLS, 0000 ROBERT S MORGAN, 0000 HAROLD J RUDDY, 0000 BENNETT W WALSH, 0000 DAVID C MORRIS, 0000 JEFFREY N RULE, 0000 DAVID C WALSH, 0000 JASON L MORRIS, 0000 JOSEPH J RUSSO, 0000 CHRISTOPHER B WALTERS, 0000 JOE H MORRIS, 0000 RONALD J RUX JR., 0000 WILLIAM M WANDO, 0000 CHRISTOPHER D MORTON, 0000 MICHAEL V SAMAROV, 0000 ROBERT Q WARD, 0000 HAROLD M MOSLEY, 0000 BRIAN G SANCHEZ, 0000 JAMES W WATERS, 0000 MICHAEL L MULLER, 0000 ELEAZAR O SANCHEZ, 0000 MCCLENDON N WATERS III, 0000 LANCE D MUNIZ, 0000 DAVID B SANDVOLD, 0000 CLARK E WATSON, 0000 MAUREEN B MURPHY, 0000 OWEN A SANFORD, 0000 TIMOTHY C WATTS, 0000 JOSEPH C MURRAY, 0000 FREDERICK G SCHENK, 0000 PAUL R WEAVER, 0000 MICHAEL D MYERS, 0000 KURT J SCHERER, 0000 HENRY D WEEDE, 0000 THOMAS J NAUGHTON JR., 0000 RICHARD A SCHILKE, 0000 AARON D WEISS, 0000 JAMES D NEAL JR., 0000 JAMES A SCHNELLE, 0000 JAMES B WELLONS, 0000 NATHAN G NEBLETT, 0000 ROBERT W SCHRODER, 0000 MARTIN F WETTERAUER III, 0000 BRIAN W NEIL, 0000 ROBERT E SCHUBERT JR., 0000 WILLIAM L WHEELER JR., 0000 CHANDLER S NELMS, 0000 JASON C SCHUETTE, 0000 EDWARD J WHITE, 0000 DOUGLAS B NELSON, 0000 JEFFERY SCHULMAN, 0000 JOSEPH K WHITE, 0000 MARCUS J NELSON, 0000 MICHAEL E SCHUTTE, 0000 STEVEN J WHITE, 0000 GEORGE J NEMES JR., 0000 GEORGE A SCHUTTER III, 0000 TERENCE H WHITE, 0000 JULIE L NETHERCOT, 0000 MICHAEL B SCHWEIGHARDT, 0000 ZACHARY M WHITE, 0000 JOHN M NEVILLE JR., 0000 EDWIN L SCOGGIN, 0000 KEITH E WHITEHOUSE, 0000 ANDREW M NIEBEL, 0000 DOUGLAS J SCOTT, 0000 RICHARD W WHITMER, 0000 EDWARD W NOVACK, 0000 KEVIN R SCOTT, 0000 BENJAMIN D WILD, 0000 BERNARD J NOWNES II, 0000 DANIEL D SEIBEL, 0000 JOSEPH D WILLIAMS, 0000 PAUL J NUGENT, 0000 JONATHAN W SELBY, 0000 ROCKY W WILLIAMS III, 0000 CLINT J NUSSBERGER, 0000 KEITH E SHAFFER, 0000 ROBERT H WILLIS JR., 0000 CHRISTOPHER A OBALLE, 0000 WILLIAM D SHANNON, 0000 JUSTIN W WILSON, 0000 DAVID M OCONNELL, 0000 GLEN F SHARLUN, 0000 PETER C WILSON, 0000 KENNETH A OLDHAM, 0000 PETER J SHELBY, 0000 CARL D WINGO, 0000 ERIC G OLSON, 0000 MARK W SHELLABARGER, 0000 CRAIG C WIRTH, 0000 MICHAEL J ONEIL, 0000 DANIEL L SHIPLEY, 0000 STEVEN M WOLF, 0000 GEORGE R OPRIA, 0000 DALE E SHORT, 0000 CRAIG R WONSON, 0000 PLACIDO C ORDONA JR., 0000 MARK T SILCOX, 0000 BRYAN K WOOD, 0000 JOHNJOHN E ORILLE, 0000 TIMOTHY A SILKOWSKI, 0000 RONALD S WOOD, 0000 JOHN C OSBORNE JR., 0000 TODD P SIMMONS, 0000 KEVIN S WOODARD, 0000 MICHAEL S OSHAUGHNESSY, 0000 TY A SIMMONS, 0000 JOSEPH B WOODS, 0000 JOHN J OTOOLE III, 0000 THOMAS K SIMPERS, 0000 ERIK G WOODSON, 0000 SOUTSANASO OUNKHAM, 0000 MICHAEL S SIMS, 0000 BENJAMIN Z WOODWORTH, 0000 DAVID S OWEN, 0000 WALTER S SKRZYNSKI, 0000 JASON G WOODWORTH, 0000

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 9801 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2423 GREGORY T WRIGHT, 0000 To be captain THE FOLLOWING NAMED OFFICERS FOR TEMPORARY TROY V WRIGHT, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JOSEPH A WRONKOWSKI, 0000 BRUCE R. CHRISTEN, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION WILLIAM WROTEN JR., 0000 5721: JAY D WYLIE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL L YAROSLASKI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander UNDER TITLE 10, U.S.C., SECTION 624: DAVID J YOST, 0000 PROBERT E BEBERMEYER, 0000 DEVIN C YOUNG, 0000 THOMAS A BUSHAW, 0000 PAUL F ZADROZNY JR., 0000 To be commander JOSHUA B ELKINS, 0000 SIDNEY G ZELLER, 0000 COLE J. KUPEC, 0000 JORGE R FLORES, 0000 PHILLIP M ZEMAN, 0000 RANDALL R HARRIS, 0000 ANTHONY M ZENDER, 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- TIMOTHY I MIKLUS, 0000 JAY K ZOLLMANN, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED ANDREW T MILLER, 0000 IN THE NAVY STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: JOHN J MOLINARI, 0000 JAMES L MUNIZ, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be commander THOMAS J PETRUCCI JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER D ARDON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. LAMAR, 0000 BENJAMIN A SHUPP, 0000

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 9801 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E443 EXTENSIONS OF REMARKS

TRIBUTE TO THE GIRL SCOUTS OF the rank of E–3. He returned home and began PROVIDING FOR CONSIDERATION AMERICA IN RECOGNITION OF his tenure with Lower Gwynedd as a police of- OF H. CON. RES. 353, CONCUR- THE 90TH ANNIVERSARY OF THE ficer in 1974 and was later promoted to Cor- RENT RESOLUTION ON THE GIRL SCOUTS poral in 1987. BUDGET, FISCAL YEAR 2003 HON. J. DENNIS HASTERT Corporal Patzer served as the Traffic Safety SPEECH OF officer for Lower Gwynedd Township. He has HON. JAMES R. LANGEVIN OF ILLINOIS been recognized by his community for his fine IN THE HOUSE OF REPRESENTATIVES OF RHODE ISLAND work and service. IN THE HOUSE OF REPRESENTATIVES Tuesday, April 9, 2002 I am pleased to honor Corporal Peter Patzer Wednesday, March 20, 2002 Mr. HASTERT. Mr. Speaker, I rise today to on his retirement. He has made significant The House in Committee of the Whole pay tribute to the Girl Scouts of the USA in contributions to his community and is deserv- recognition of their 90th anniversary. House on the State of the Union had under ing of the praise he has received from mem- consideration the bill (H. Con. Res. 353) es- From the small beginnings of a group of 18 bers of his community. tablishing the congressional budget for the girls gathered in Savannah, Georgia, Girl United States Government for fiscal year Scouting has grown to a membership of 3.8 2003 and setting forth appropriate budget lev- f million women and girls worldwide. For 90 els for each of fiscal years 2004 through 2007: years now, Girl Scouts of the USA has been TRIBUTE TO MR. JOSEPH A. Mr. LANGEVIN. Mr. Chairman, I rise today encouraging young women to develop and KNOTHE, RECIPIENT OF THE in strong opposition to this budget resolution, meet their full potential. LIEUTENANT GENERAL JOSEPH which undermines our long-term fiscal health As a former high school teacher, I can attest J. REDDEN AWARD and spends a huge portion of the Social Secu- that the positive values learned in the Girl rity and Medicare surpluses. Scout program will help these girls make I stand united with the President and my sound decisions throughout their lives. The colleagues on both sides of the aisle in our Girl Scouts of the USA teaches girls to con- HON. ROBERT E. (BUD) CRAMER, JR. commitment to defeat terrorism and to do tribute to society and, through their interaction OF ALABAMA what is necessary to preserve national secu- with the community around them, develop a rity both at home and abroad. However, de- IN THE HOUSE OF REPRESENTATIVES strong sense of self-confidence and a willing- spite the many new security and economic ness to take on responsibility. These qualities Tuesday, April 9, 2002 challenges confronting us, our homeland pro- create a strong foundation, which will enable tection efforts and fiscal policies should not them to grow into quality citizens and effective Mr. CRAMER. Mr. Speaker, I rise today to shortchange Social Security and other national leaders. recognize Mr. Joseph A. Knothe of Huntsville, priorities. We can win the war against ter- While Girl Scouting provides opportunities Alabama for receiving the 2001 Lt. Gen. Jo- rorism without raiding the Social Security and for community service to girls of all ages, sen- seph J. Redden Award, a very prestigious Medicare Trust Funds and without increasing ior Girl Scouts are able to build upon their honor recognizing the nation’s highest ranked the national debt. service experience in the Gold Award pro- Air Force pilot and navigator candidate in Earlier this year, the Congressional Budget gram. The Girl Scout Gold Award program en- order of merit. Office (CBO) confirmed that in less than a courages senior Girl Scouts to use their lead- year the 10-year projected surplus declined by ership skills, career interests and personal val- Mr. Knothe, a 1997 graduate of Grisson $4 trillion. While portions of this decline are a ues to meet an expressed need in their com- High School in Huntsville, Alabama, is now a result of the war and the economic downturn, munity. senior majoring in mechanical engineering at the depletion of the surplus to date was large- The Girl Scouts of the USA have done an Auburn University and is the school’s top ly caused by last year’s massive and fiscally exceptional job of cultivating a positive atmos- ranked Air Force cadet. Last year, he was irresponsible tax cut package. The additional phere that allows young women to develop among only thirty-five cadets in the nation to billions in tax cuts proposed in this year’s confidence in themselves, as well as a desire be selected to attend the Euro-NATO Joint Jet budget would only worsen our current situation to serve their communities. I applaud them for Pilot Training program based in Wichita Falls, and lead us further down the path of mounting their commitment to our nation’s children, and deficits and escalating public debt. To pay for Texas, Cadets selected for this demanding am hopeful they will continue to make a posi- the additional tax cuts, this budget would raid tive difference in the lives of young adults for pilot training are sent to Sheppard Air Force more than $1.5 trillion from the Social Security years to come. Base where they are trained solely on fighter and Medicare Trust Funds over the next ten f jets. years to cover deficits in the rest of the federal Mr. Speaker, I wish to express my sincere budget. We need a wartime freeze on tax cuts HONORING CORPORAL PETER to avoid deficit spending. PATZER congratulations to Joseph Knothe for receiving this distinguished award. The criteria for the When I was elected to Congress, I promised my constituents that I would protect the Social award are highly competitive and include HON. JOSEPH M. HOEFFEL Security and Medicare Trust Funds. And I was grade point average, physical fitness, an Air OF PENNSYLVANIA not alone. Over one hundred of my colleagues Force Officer Qualifying Test, a Basic At- IN THE HOUSE OF REPRESENTATIVES have co-sponsored legislation to prevent Con- tributes Test, and Commander’s Ranking. gress from spending the Social Security and Tuesday, April 9, 2002 Joseph Knothe will graduate with honors Medicare surpluses, and the House of Rep- Mr. HOEFFEL. Mr. Speaker, I rise today to from Auburn University and be commissioned resentatives has voted four times in the past congratulate Corporal Peter Patzer who retired a second lieutenant in the U.S. Air Force in three years to establish lockboxes for these from the Lower Gwynedd Township Police De- May 2002, which will no doubt launch his ca- funds. partment in Montgomery County, Pennsyl- The Administration and the Republican reer as a future leader in our nation’s military. vania, after twenty-seven years of outstanding Leadership made the very same pledge to not service. I commend Mr. Knothe for his achievements touch these vital trust funds. This budget Mr. Patzer served in the United States Navy and wish him the best in his future career in breaks that promise. It is time to honor our from 1965 through 1967. He served on the the United States Air Force. commitments by acknowledging our current USS Forrestal CVA–59 Mediterranean Fleet situation and working together to craft budget and was honorably discharged in 1971 with that is fair and fiscally responsible.

∑ 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 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.000 pfrm04 PsN: E09PT1 E444 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 Moreover, this resolution uses overly opti- SOLIDARITY WITH ISRAEL IN HONOR OF MIMI SILBERT mistic Administration budget estimates rather than the usual non-partisan estimates from the HON. CAROLYN McCARTHY HON. NANCY PELOSI Congressional Budget Office. Furthermore, it OF NEW YORK OF CALIFORNIA assumes unacceptable cuts in key domestic IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES priorities such as education, housing, health Tuesday, April 9, 2002 Tuesday, April 9, 2002 care, job training and environmental protec- Mrs. MCCARTHY of New York. Mr. Speak- Ms. PELOSI. Mr. Speaker, I rise to salute tion, even though Congress will likely restore er, I rise to express my strong solidarity with Mimi Silbert, President, Chairman and CEO of the needed funding. While this resolution pro- Israel during this time of crisis. the Delancey Street Foundation, on the occa- vides $350 billion in additional Medicare Built on the backs of international Jewry, sion of her 60th Birthday and the 30th Anni- spending, it would place a Medicare prescrip- consisting largely of pogrom and Holocaust versary of Delancey Street. tion drug benefit in competition with Medicare survivors, modern Israel has weathered many Mimi Silbert is the cofounder and director of ‘‘modernization,’’ as well as provider givebacks battles against her existence. Our sole demo- Delancey Street; a San Francisco-based self- that the Republican Leadership has estimated cratic ally in the Middle East, Israel is no larg- help residential education center where drug will costs as much as $174 billion. The projec- er than the state of New Jersey, and is situ- addicts, criminals, and the homeless go to turn tions also leave out an assessment of the lost ated amid enemy nations. These countries their lives around. revenue from extending expiring tax credits and their leaders have objected to Israel’s ex- Since 1971 more than 14,000 people have and modifying the individual minimum tax that istence since her declaration of Independence successfully been through the Delancey Street will impact 39 million middle-income taxpayers in 1948. It wasn’t until 1979 that Israel entered program and are now leading crime-free, drug- over the next 10 years. And these five-year into a peace treaty with Egypt, and 1994 with free lives in mainstream society. Residents projections fail to disclose the cost of making Jordan. Nevertheless, the Israeli people defied have learned to read and have acquired skills; last year’s tax cuts permanent, as the Admin- all odds; the army won countless wars and they attend college and are part of the work istration’s budget proposes. Over the cus- small battles, and the western society flour- force, they are raising families, they are clean, ished. tomary ten-year budgetary window, extending they are sober, they are reborn. And each and After the Intifada of the late 1980s, Israel the tax cuts cost $400 billion. A more realistic every one of them has the extraordinary Mimi took a monumental step by joining Yasser Silbert to thank for changing their lives. set of assumptions would show that the 10- Arafat, chairman of the PLO, in signing the year budget surplus has already vanished. All of this is done at no cost to the taxpayer Oslo Accords. This agreement laid out specific or client. One of the most unique features of The disappearance of the 10-year surplus steps to be taken by both parties to ensure a Delancey Street is that they have never ac- compels us to consider not just a one-year but lasting peace in the region. The PLO re- cepted government funds nor do they have also a long-term budget plan. The American nounced terrorism, and Israel recognized it as any staff. Delancey Street has started over 20 people have the right to know how the Con- the representative of the Palestinian people. business training schools which generate in- gress proposes to restore fiscal discipline At the same time, guidelines were given for come and train the residents in marketable while enacting additional tax cuts, boosting the election and creation of a Palestinian gov- skills. spending for the military and meeting commit- ernment in the West Bank and Gaza Strip, The psychiatrist Karl Menninger has called and the redeployment of Israeli troops from ments to a growing number of retirees. The Delancey Street ‘‘the best and most success- those regions. ful rehabilitation program in the world.’’ There Administration and Congress should devise The period since 1993 can be characterized budgetary rules that make tax cuts and spend- are now five facilities throughout the country: as a struggle between those who were com- San Francisco, Los Angeles, New Mexico, ing contingent on the realization of specified mitted to peace and the necessary steps to New York, and North Carolina. targets for the budget surplus and the federal maintain the peace, and those who weren’t. Mimi Silbert is an inexhaustible dynamo who debt. Unfortunately, this budget fails on all Yasser Arafat’s renunciation of terrorism was does what she does not of love, commitment those counts. never realized; suicide bombings and terrorist and belief in the value of humanity. She has I am also deeply concerned about the dra- attacks peppered the peaceful landscape in been called the ‘‘Mother Teresa of America’s Israel. Obviously, there are two sides to every conian cuts to the Small Business Administra- down and out’’. In San Francisco she is our situation. Although Israel took steps to with- tion. The budget proposes cutting funding for treasure who has touched and miraculously draw from the West Bank and Gaza Strip, changed so many lives. We love her and are the 7(a) loan program in half. Last year, this Jewish settlements were continually built and loan program provided over $94 million in as- forever in her debt. populated. This undoubtedly contributed to the I am proud to join my constituents to thank sistance to Rhode Island’s small business sense of unrest. and praise Mimi Silbert for her marvelous community. Additionally, the Administration In 2000, the situation combusted. We called achievements, indomitable spirit, and her inex- proposed cutting funding for employment and it the second Intifada, but wasn’t it just a con- haustible service to San Francisco and our na- training programs by $685 million. With more tinuation of the first? The use of terror as a tion. As we celebrate her birthday we will keep than 1.4 million workers laid off over the last political tool never ended; the current crisis is in mind all those who have been reborn merely a culmination of the inevitable. The sit- year, we need this funding now more than through her extraordinary life work. Happy uation reached a detrimental turning point with ever. The budget would also slash the Low-In- Birthday Mimi! come Home Energy Assistance Program the reprehensible act of terror we now call the Passover Massacre. This was followed with a f (LIHEAP) by #$300 million. This program is string of suicide bombings perpetrated against HONORING 90 YEARS OF GIRL crucial for all New England states and particu- different populations in Israel. SCOUTING larly for our seniors, who might otherwise be Today, Israel finds herself in an unbearable forced to choose food over heat. Finally, the situation. Despite Israeli trust, Yasser Arafat budget would cut $417 million from Public HON. DALE E. KILDEE allowed terrorism to invade Israeli society. He OF MICHIGAN Housing Capital Fund, which helps provide 1.2 failed to keep his promise, and as the elected IN THE HOUSE OF REPRESENTATIVES million families nationwide—40 percent of leader of the Palestinian people, he must take whom are elderly or disabled—with affordable responsibility for his inaction. Israel has every Tuesday, April 9, 2002 housing. Housing needs are especially acute right to enter Palestinian cities and refugee Mr. KILDEE. Mr. Speaker, I rise today to in Rhode Island, where 38 percent of renter camps to root out terror. What other choice pay tribute to the 90th anniversary of the Girl households pay more than 30 percent of their does Israel have? Is Israel supposed to wave Scouts organization. In the past 90 years, this income for rent. suicide bombers through the checkpoints, organization has grown to a 3.8 million mem- allow wanted terrorists to go without arrest? bership, making it the largest organization for I urge my colleagues to reject this mis- Are we to expect Israel to sit by and watch her girls in the world. Girl Scouts is a worldwide guided budget and to develop one that will en- country crumble, and her people be murdered family of 10 million girls and adults in 140 sure security at home and abroad, without in groups of 20 while they sip coffee at cafes? countries. This organization should be hon- dramatically increasing our debt, borrowing The answer is an unequivocal no. And as a ored for all the wonderful things it does to help against Social Security and Medicare, or Member of Congress, I will support Israel’s de- empower our young girls. abandoning our commitments to children, cision regarding security and self-defense in Specifically, I would like to share with you workers, senior citizens and all Americans. any way possible. the contributions of the Girl Scouts Fair Winds

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.004 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E445 Council that serves over 11,000 girls in my Mr. Speaker, I hope you and all of my Col- alizes now that inattention for several months congressional district. The Fair Winds Council leagues join me in saluting the motivation, last year was a mistake. has two programs that I would like to talk dedication, and resolve that Herschel An end to the madness that has engulfed about today. Both of these programs help em- Wisebram has demonstrated for WBHF, for the region could be reached in several ways. power young girls to rise above the status quo the advancement of radio broadcasting, for the The preferable one would be through the serv- and become better citizens. city of Cartersville, and the people of Georgia. ices of a negotiator of uncommon skill and for- The first program I would like to talk about f bearance, possibly someone who is not yet is Faces, a program developed in my home- apparent on the diplomatic stage. Another town of Flint, MI. This program serves inner MADNESS WITHOUT END? more horrifying possibility: a cataclysm of city girls, who come from single-family house- bloodshed that would make the current suicide holds and Faces attempts to break these HON. MARCY KAPTUR bombings seem tame by comparison. young women out of the cycle of living in pov- OF OHIO World leaders, even those without a direct erty by mentoring and doing community activi- IN THE HOUSE OF REPRESENTATIVES stake in the Middle East, have a responsibility ties. Most notably, the young girls get to Tuesday, April 9, 2002 to apply pressure on all the parties involved to see that the path of least violence is the one choose as a group two colleges or universities Ms. KAPTUR. Mr. Speaker, I submit the fol- taken. they would like to visit. Then through cor- lowing article. The growing wave of Pales- porate sponsorships, these girls get an all ex- tinian suicide bombings, followed inevitably by f pense paid trip to their choices. Last year 40 fierce Israeli military counter-attacks, ought to HONORING SERGEANT GARY girls went on this trip. After the trip, these girls be proof for anyone that Middle East violence O’CONNOR get help with filling out applications forms for has degenerated beyond the bounds of any college and with finding scholarships. Since possible moral justification and into the realm this program began, 80 percent of its mem- HON. JOSEPH M. HOEFFEL of cultural psychosis. OF PENNSYLVANIA bers have gone to college. Each side in this conflict continues to point IN THE HOUSE OF REPRESENTATIVES The second program, Fostering Issues, a finger at the other, claiming, ‘‘You started it,’’ takes Girl Scouting to girls who are in foster as if the childish refrain were reason enough Tuesday, April 9, 2002 care. Many of these young girls in foster care to continue down what looks more and more Mr. HOEFFEL. Mr. Speaker, I rise today to feel alone and afraid, and through this pro- like a path to Armageddon. congratulate Sergeant Gary O’Connor who re- gram, girls in the foster care system develop This is a regrettable characteristic of the tired from the Lower Gwynedd Police Depart- friendships. Through these friendships, these Middle East mayhem, one not easily under- ment in Montgomery County, Pennsylvania on girls begin to develop social skills and trust in stood in the West. Any inclination to turn the July 13, 2001 after twenty-seven years of other people. They begin to develop self-es- other cheek is almost always overcome by re- service. teem and believe that they too can become an ligious and cultural injunctions to crush and Sergeant O’Connor graduated from Penn important part of society. grind the enemy into the dust. Charity toward State University with a Bachelor of Science Mr. Speaker, I ask the House of Represent- an adversary, it seems, is a sign of weakness. degree. Throughout his career he has dis- atives to join me in recognizing the truly amaz- Arabs and Jews contesting the Holy Land played a special interest in juvenile justice and ing contributions the Fair Winds Council are never going to make peace with each headed the Lower Gwynedd Police Depart- makes in my community. I invite my col- other until both sides have had their fill of the ment juvenile division for ten years. Currently, leagues to find out all the wonderful things the bloodbath. The question facing a horrified, he also is a trainer and consultant for the Na- Girl Scouts organization is doing in their own uncomprehending world is ‘‘when will enough tional Center for Missing and Exploited Chil- districts and commend them for 90 years of be enough?’’ dren, the National School Safety Center, and service to our communities. The relentless procession of young Palestin- the National Council of Juvenile and Family f ians willing, even eager, to don explosives and Court Judges. Since 1983, Sergeant O’Connor give their lives to kill Jews and regain their CONGRATULATIONS TO HERSCHEL has also instructed and consulted on police historic homeland provides no indication of an training for the Federal Law Enforcement WISEBRAM FOR 50 YEARS OF early peace. SERVICE WITH WBHF RADIO Training Center. The so-called ‘‘spiritual leaders’’ of Hamas Sergeant O’Connor has received many and other Palestinian movements point to awards for his fine work including Pennsylva- HON. BOB BARR such self-serving verses in the Qu’ran as, nia’s Juvenile Officer of the Year, Montgomery OF GEORGIA ‘‘And slay them wherever ye find them and County’s Police Officer of the Year, and North IN THE HOUSE OF REPRESENTATIVES drive them out of the places whence they Penn Area’s Outstanding Police Officer. The Tuesday, April 9, 2002 drove you out, for persecution is worse then police force was no doubt stronger because of slaughter.’’ Sergeant O’Connor. Mr. BARR of Georgia. Mr. Speaker, I rise The Islamic militants who nurture, cultivate, It is a privilege to honor the contributions of today to acknowledge a milestone which has and train the suicide bombers boast that they Sergeant Gary O’Connor to the citizens of recently occurred in the Seventh Congres- will send ‘‘a million martyrs to Jerusalem,’’ and Lower Gwynedd. sional District in Georgia. who can doubt them? f On April 5, 2002, Herschel Wisebram of The Israelis, who also claim this territory as Cartersville, Georgia, celebrated 50 years of a religious and historic right, fall back on the TRIBUTE TO THE FIFTY-YEAR service with WBHF Radio. self-perpetuating justification of self-defense. MEMBERS OF THE ALABAMA In 1946, shortly after World War II ended, Memories of the Holocaust (‘‘Never again’’) GRAND CHAPTER, ORDER OF the WBHF began to broadcast in Northwest warn them of annihilation. The shock of the THE EASTERN STAR Georgia. In 1952, Herschel Wisebram started continued bombings neutralizes the nation’s at WBHF as a radio announcer, beginning a calmer voices and nascent peace movement. HON. ROBERT E. (BUD) CRAMER long distinguished career in the field of broad- And violence begets violence. OF ALABAMA casting. The question of who is to blame no longer IN THE HOUSE OF REPRESENTATIVES WBHF Radio is a proven leader and has matters to a good bit of the outside world, but served the Cartersville area with distinction in the Middle East it remains pretty much the Tuesday, April 9, 2002 under Herschel’s ownership. only issue. Until one side or the other takes Mr. CRAMER. Mr. Speaker, I rise today to Herschel has not just seen the changes responsibility, this burgeoning threat to hu- recognize a group of ten members of the Ala- Cartersville and the entire Atlanta and north- manity will continue to monopolize the world’s bama Grand Chapter of the Order of the East- west Georgia area; he has reported the resources and attention. ern Star who are celebrating their membership changing history of this small, southern town As much as we in the United States wish it of over 50 years with Athens Chapter #214. I into what has been called one of the best and were otherwise, what is happening in Israel congratulate each of them for their many ex- most livable small cities in the country. and the West Bank cannot be separated from traordinary years of charity and human out- Herschel’s strong sense of commitment to his our war on terrorism. The same ancient fears reach and wish them the best for many years community, is one of the reasons the quality and frustrations fuel both conflicts. of service to come. of life in Cartersville and Bartow County is so President Bush at first tried to distance the Mr. Speaker, I want to commend Geneva enviable. United States from the turmoil, but even he re- Coulter, Juanita Turner, Roy H. Turner, Sr.,

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.008 pfrm04 PsN: E09PT1 E446 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 Virginia Lonas Sharp, Cora Black, Sara Rud- The roots of this strong relationship are fixed ship and thank her for organizing today’s der, Gladys Rogers, Elree Culps, Onye M. in the two nations’ shared views on independ- statements. On March 23, the girls of Afghani- Holliman, and Angie A. Nazaretian for fifty ence, freedom, and democracy. These prin- stan returned to school, and on that day a years of membership. For over half a century, ciples still flourish millennia after their creation, milestone was reached in the re-establishment these members have devoted themselves to and the United States and Greece continue to of Afghanistan’s civil society. Preceding the their Limestone County community, their state, uphold the promise of democratic ideals. takeover by the Taliban, women constituted 70 and their nation providing not only financial as- Mr. Speaker, it is this feeling that I believe percent of the teachers in Afghanistan, 50 per- sistance but also their personal time whenever is the greatest contribution Greece has given cent of the government workers, 40 percent of the community needs them. to our world: We are all equal, whether it is in the health professionals. During the Taliban The Alabama Grand Chapter of the Order of our democratic government or in friendly com- regime, women were forced out of the work- the Eastern Star was established in Alabama petition, and we can come together in friend- force and girls were banned from school. Now, in 1901 in Montgomery. Thousands of mem- ship even during the most difficult of times. the women are returning to work, and with the bers in the 200 chapters of this fraternal orga- With that, I would like to thank my colleagues return of girls to school, Afghanistan is laying nization support countless numbers of char- for holding this special order and once again the groundwork for the full participation of all ities and humanitarian projects such as cancer congratulate Greece on the anniversary of its of its children in developing a brighter future. research and scholarships that enhance and independence and all of the gifts it has given As we celebrate this milestone in Afghani- enrich the lives of all of our citizens. I com- us. stan, we also must recognize the need for ac- mend and thank this distinguished group for f cess to education for girls around the world. their service, and especially these fifty-year Nearly a quarter of the world’s adult popu- REMEMBERING RABBI ISRAEL lation cannot read and write and two thirds of members of the Athens Chapter #214. MILLER f the illiterate adults are women. In looking at gender equality in secondary education enroll- COMMEMORATING THE 182ND AN- HON. CAROLYN McCARTHY ment, only eleven percent of countries have NIVERSARY OF GREEK INDE- OF NEW YORK achieved gender equality, in fact 51 percent of PENDENCE IN THE HOUSE OF REPRESENTATIVES countries have a lower enrollment ratio for Tuesday, April 9, 2002 girls than boys. Education gives women the skills and tools HON. JAMES R. LANGEVIN Ms. MCCARTHY of New York. Mr. Speaker, that they need to participate fully in society. OF RHODE ISLAND I rise in honor of Rabbi Israel Miller’s contribu- Education enables women to raise healthier IN THE HOUSE OF REPRESENTATIVES tions to the global Jewish community and in and better-educated children. Educated Tuesday, April 9, 2002 memory of his recent passing. Rabbi Miller was born in Baltimore, MD., but women are more likely to participate in the de- Mr. LANGEVIN. Mr. Speaker, I rise today in he made his home in New York. A graduate cision making process of government, making proud recognition of the 182nd anniversary of of Yeshiva University, the Rabbi Isaac an impact on policy that affects their daily Greek Independence. This is a great day, for Elchanan Theological Seminary and Columbia lives. As we celebrate with the people of Af- it commemorates the return of democracy to University, Rabbi Miller was a well-learned ghanistan, let us also commit ourselves to en- the cradle of Western Civilization after nearly man who dedicated his life to the needs of the suring that other girls across the globe have four hundred years of foreign rule. international Jewish community. access to basic education, and the chance to Greece has always been proud and inde- Rabbi Israel Miller expressed his dedication make a better life for themselves. pendent by nature. Its people were a powerful to different members of the Jewish community f force both culturally and militarily, as evi- through his activism and leadership in a vari- HONORING ROGER SAMUEL denced by the works of Homer and the mul- ety of organizations. He served as president titude of Greek philosophers. The pinnacle of since 1982 of the Conference of Jewish Mate- Greek influence was Alexander the Great and rial Claims Against Germany, an organization HON. DALE E. KILDEE his unification of the eastern Mediterranean dedicated to financial restitution of Holocaust OF MICHIGAN and ancient Middle East. Greek culture was survivors. Miller helped Soviet Jewry through IN THE HOUSE OF REPRESENTATIVES spread throughout the new empire and for the his leadership of the American Jewish Con- Tuesday, April 9, 2002 first time, people were communicating with a ference on Soviet Jewry. He also served as Mr. KILDEE. Mr. Speaker, I rise today to common language, sharing ideas in a way chairman of the Conference of Presidents of pay tribute to the recipient of the Edgar A. never before possible. This Hellenization Major American Jewish Organizations, found- Guest Community Service Award. The Edgar transformed every place is touched. ing and honorary president of the American Zi- A. Guest Award is given annually by the Flint- Nearly two thousand years later, another im- onist Federation, and a founder of the Jewish C.A. Durand Masonic Lodge Number 23 to portant concept from ancient Greece came to Community Relations Council. honor the community service of a distin- the forefront of modern thought. The concept Rabbi Israel Miller lived a long, healthy and guished non-Mason. This year’s recipient is of ‘‘rule by the people’’ gained prominence in gratifying life. He is survived by his wife, Ruth, Roger Samuel. He will receive the award at a the young United States. This was the desire his four children, 19 grandchildren, eight great- dinner to be held in his honor on April 9th in of the framers of our Constitution, and they grandchildren, and brother and sister. I share my hometown of Flint, Michigan. found their inspiration in the principles of the their pride over his achievements. As an honorary member of the Old News- polis of Athens. Rabbi Miller’s accomplishments and con- boys of Flint, Roger Samuel plays an integral In 1821, thirty years after the birth of our na- tributions to our local, national and inter- part in that organization’s Christmas cam- tion, the people of Greece acted upon a desire national community were obvious and greatly paign, ‘‘Let No Child be Forgotten.’’ In its 77th to be free. The Ottoman Turks had conquered appreciated. His involvement in the peace year, this program is dedicated to the idea that the region in 1453, bringing an end to over a process in Israel is notable and commendable, every child will be remembered on Christmas thousand years of rule by the Orthodox-Chris- specifically in light of the recent conflict. Day. Each year thousands of volunteers sell tian Byzantine Empire and its resurgence of I join my constitutes and the entire Jewish newspapers on the street corners throughout Greek culture. After a bloody eleven-year war, community in remembering Rabbi Miller as a Genesee County. The newspapers publicize Greece was finally free once again. leader and role model for past, present and fu- the program and raise money to pay for toys, In the modern era, one of the most impor- ture generations. coats, boots, hats and mittens. Roger donates tant reminders of Greek heritage is the Olym- f the resources of the Flint Journal and pays for pic Games, which are finally returning to their CELEBRATING AFGHAN GIRLS the ink, paper and printing of these news- origins in Athens in 2004 for the 25th Summer GOING BACK TO SCHOOL papers. Without his support, valuable money Olympic Games. For more than a century, the would be diverted away from children. Olympics have symbolized peace and excel- HON. NANCY PELOSI Roger Samuel has lived in Flint since 1991 lence for people the world over, reassuring us and has been the publisher of the Flint Journal OF CALIFORNIA that even the smallest nation can compete on since 1996. His work with the Old Newsboys IN THE HOUSE OF REPRESENTATIVES an equal ground with the largest. of Flint is just one part of Roger’s commitment With their intertwined histories, Greece and Tuesday, April 9, 2002 to his community. During the last decade the United States stand as natural allies with Ms. PELOSI. Mr. Speaker, I commend Con- Roger has served as the president of the Ro- a fine record of cooperation at the global level. gresswoman TAMMY BALDWIN for her leader- tary Club of Greater Flint Sunrise, chair of the

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.013 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E447 Flint Cultural Center Corporation, chair of the THE HARD TRUTH, BY THOMAS C. ending ‘‘the occupation’’ alone will end all Genesys Health Board of Trustees, chair of FRIEDMAN terrorism. Like Mr. Sharon, the Arab leaders need to the Genesee Area Focus Council, the chair of face facts—that while the occupation needs the 1999 United Way Campaign for Genesee HON. MARCY KAPTUR to end, they independently need to address County. In addition, he is active on the Board OF OHIO issues like suicide terrorism in the name of of Regents of Baker College of Flint, the IN THE HOUSE OF REPRESENTATIVES Islam. As Malaysia’s prime minister, Board of Directors of the United Way of Gen- Mahathir Mohamad, courageously just de- Tuesday, April 9, 2002 esee and Lapeer Counties, the Community clared about suicide bombing: ‘‘Bitter and Ms. KAPTUR. Mr. Speaker, I submit the fol- angry though we may be, we must dem- Foundation of Flint, and the Hundred Club of onstrate to the world that Muslims are ra- Flint. lowing article. tional people when fighting for our rights, Part of Roger’s tradition of service is re- [From the New York Times, Apr. 3, 2002] and do not resort to acts of terror.’’ THE HARD TRUTH If Arab leaders have only the moral cour- flected in his vision for the Flint Journal. The age to draw lines around Israel’s behavior, (By Thomas L. Friedman) Flint-C.A. Durand Lodge will take this oppor- but no moral courage to decry the utterly tunity to commend him for the voice he has A terrible disaster is in the making in the corrupt and inept Palestinian leadership or provided to civic and cultural groups. Through Middle East. What Osama bin Laden failed to the depravity of suicide bombers in the name the Community Calendar feature and human achieve on Sept. 11 is now being unleashed of Islam, then we’re going nowhere. interest articles, Roger has demonstrated a by the Israeli-Palestinian war in the West The other people who have not wanted to Bank: a clash of civilizations. face facts are the feckless American Jewish willingness to spotlight programs and individ- In the wake of repeated suicide bombings, leaders, fundamentalist Christians and uals that often are overlooked in the barrage it is no surprise that the Israeli Army has neoconservatives who together have helped of daily news items. gone on the offensive in the West Bank. Any make it impossible for anyone in the U.S. ad- Mr. Speaker, I ask the House of Represent- other nation would have done the same. But ministration to talk seriously about halting Ariel Sharon’s operation will succeed only if Israeli settlement-building without being ac- atives to join me in congratulating Roger Sam- it is designed to make the Israeli-occupied cused of being anti-Israel. Their collabora- uel. I have known him since he arrived in Flint territories safe for Israel to leave as soon as tion has helped prolong a colonial Israeli oc- and I respect his judgment, his advice, his possible. Israel’s goal must be a withdrawal cupation that now threatens the entire Zion- business acumen, his compassion, and his from these areas captured in the 1967 war; ist enterprise. sense of responsibility to his community. The otherwise it will never know a day’s peace, So there you have it. Either leaders of Flint-C.A. Durand Masonic Lodge is to be and it will undermine every legitimate U.S. good will get together and acknowledge that effort to fight terrorism around the globe. Israel can’t stay in the territories but can’t commended for recognizing and honoring What I fear, though, is that Mr. Sharon just pick up and leave, without a U.S.–NATO Roger Samuel’s generosity to the Flint area. wants to get rid of Mr. Arafat in order to force helping Palestinians oversee their keep Israeli West Bank settlements, not to state, or Osama wins—and the war of civili- f create the conditions for them to be with- zations will be coming to a theater near you. drawn. f HONORING DR. ROBERT DUNN OF President Bush needs to be careful that CUMMING, GEORGIA America doesn’t get sucked into something PAYING TRIBUTE TO HIDY OCHIAI very dangerous here. Mr. Bush has rightly condemned Palestinian suicide bombing as beyond the pale, but he is not making clear HON. MAURICE D. HINCHEY HON. BOB BARR that Israel’s war against this terrorism has OF NEW YORK IN THE HOUSE OF REPRESENTATIVES OF GEORGIA to be accompanied by a real plan for getting out of the territories. Tuesday, April 9, 2002 IN THE HOUSE OF REPRESENTATIVES Why? Because President Bush, like all the other key players, doesn’t want to face the Mr. HINCHEY. Mr. Speaker, I am pleased to Tuesday, April 9, 2002 central dilemma in this conflict—which is congratulate Hidy Ochiai as he receives the that while Israel must get out of the West Endicott, New York SERTOMA Club’s 2002 Mr. BARR of Georgia. Mr. Speaker, Dr. Bank and Gaza, the Palestinians cannot, at Service to Mankind Award. I commend the Robert Dunn, a physician of Cumming Geor- this moment, be trusted to run those terri- SERTOMA Club on its choice of Mr. Ochiai as gia is best described by his peers as humble. tories on their own, without making them a the recipient of this award. They have a deep respect for his skill and base of future operations against Israel. That Mr. Ochiai began his martial arts training in commitment as a physician and roll model for means some outside power has to come in to secure the borders, and the only trusted pow- Tokyo, Japan at the age of six, taught by his other physicians. ers would be the U.S. or NATO. father. In 1966 he received his Bachelor of Dr. Dunn, joined by his family, his wife Palestinians who use suicide bombers to Arts degree from Albright College and opened Norma, their children, Charlene McGill, Bill, blow up Israelis at a Passover meal and then his first school of Washin-ryu Karate in Rick and Roger Dunn, along with his peers, declare ‘‘Just end the occupation and every- Broome County, New York. He now has a thing will be fine’’ are not believable. No total of 25 branch schools servicing the public. was honored last month by Baptist Medical Israeli in his right mind would trust Yasir Center. In his honor they redecorated two Mr. Ochiai established a karate program as Arafat, who has used suicide bombers when part of a physical education curriculum which, rooms in the main emergency room as ‘‘kid it suited his purposes, not to do the same friendly.’’ thing if he got the West Bank back and some in 1969, was implemented by Broome Com- of his people started demanding Tel Aviv. munity College. Mr. Ochiai has successfully Dr. Dunn graduated from Emory University ‘‘The only solution is a new U.N. mandate competed in many tournaments, including his in 1947, and with three fellow physicians start- for U.S. and NATO troops to supervise the first national tournament in 1970 where he ed a family practice in Forsyth County, helping gradual emergence of a Palestinian state— won the kata title at the U.S.K.A. Grand Na- meet the medical needs of the entire commu- after a phased Israeli withdrawal—and then tionals. nity. At 76 years of age, he continues to prac- to control its borders,’’ says the Middle East Mr. Ochiai has an outstanding record of tice medicine, as well as attending con- expert Stephen P. Cohen. community service in Broome County and, in- ferences and continuing education to stay cur- People say that U.S. troops there would be cluding the establishment of the Education Ka- shot at like U.S. troops in Beirut. I disagree. rent with his skills. U.S. troops that are the midwife of a Pales- rate Program (EKP). More than 30,000 stu- Dr. Dunn’s dedication to the community has tinian state and supervise a return of Mus- dents have completed the EKP, earning Mr. continued for over 50 years. Among his many lim sovereignty over the holy mosques in Je- Ochiai the Distinguished Alumnus Award from contributions, he donated his time and practice rusalem would be the key to solving all the Albright College for its development. In addi- contradictions of U.S. policy in the Middle to providing free physicals for local boy tion to his work through the EKP, he has writ- East, not new targets. ten five books. scouts, and he donated land for the preserva- The Arab leaders don’t want to face this It is my pleasure to join Hidy Ochiai’s col- tion of Sawnee Mountain. He led his Christian hard fact either, because most are illegit- leagues, friends and family in extending my imate, unelected autocrats who are afraid of ministry to Zaire for missionary work and deepest appreciation for his outstanding com- served his grateful nation in Korea. ever speaking the truth in public to the Pal- estinians. The Arab leaders are a disingen- munity service. His personal and professional I would like to join in acknowledging Dr. uous as Mr. Sharon; he says ending ‘‘ter- enthusiasm has made him a valuable asset to Robert Dunn for his ongoing commitment and rorism’’ alone will bring peace to the occu- our community, and we thank him for his serv- dedication to the community. pied terrorities, and the Arab leaders say ice.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.017 pfrm04 PsN: E09PT1 E448 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 HONORING CORPORAL WALTER ership from North Carolina State University guished guests and most importantly, men WEST and has been the recipient of numerous local and women of USS Harry S. Truman. and national awards. Good morning to all of you, what a great personal and professional honor it is for me HON. JOSEPH M. HOEFFEL Mr. Speaker, today I join his wife Dana and to address the crew of this great ship. OF PENNSYLVANIA his three children as well as his many friends I accepted the invitation to speak here IN THE HOUSE OF REPRESENTATIVES and colleagues in congratulating Dr. Richard today with some trepidation and anxiety. Carpenter on ten years of extraordinary serv- After all, our distinguished guests include Tuesday, April 9, 2002 ice to Calhoun Community College. Dr. Car- Congressmen and the Commander, Naval Air Mr. HOEFFEL. Mr. Speaker, I rise today to penter has been an influential leader for our Forces, U.S. Atlantic Fleet (AIRLANT) and congratulate Corporal Walter West. Corporal North Alabama community for many years and others who are far more eloquent speakers than I. Captain Logsdon was persistent in his West retired on August 12, 2001 from the I wish him the best as he pursues an exciting efforts to convince me to speak, and as a fel- Lower Gwynedd Township Police in Mont- new future as President of the Wisconsin low S–3 aviator, of course, I accepted. gomery County, Pennsylvania after thirty-five Technical College System. Let me begin by saying that the Change of years of service. He has been an outstanding f Command ceremony is one that is steeped in member of his community. Naval tradition. The crew has been assem- Mr. West began his career in the U.S. Army TRIBUTE TO DR. BEVERLY bled and in just a few short minutes they in 1959. He was honorably discharged in WALTERS will witness as all the responsibility and au- 1965, having attained the rank of E–4. He be- thority of Command at Sea passes from Cap- tain Logsdon to Captain Groothousen. came a part-time police officer in May of 1966 HON. JAMES R. LANGEVIN Today is a day of mixed emotions for Logs, and three years later became a full-time offi- OF RHODE ISLAND CAPT Logsdon. This is the assignment that cer. In 1970, he attended the Philadelphia Po- IN THE HOUSE OF REPRESENTATIVES he has worked his entire career to achieve; lice Academy and earned an Associate De- Tuesday, April 9, 2002 an assignment that many seek, but few ever gree in Applied Science from Montgomery attain. While he has done a wonderful job County Community College. Corporal West Mr. LANGEVIN. Mr. Speaker, I rise today to and has so many great memories of his time served in the Lower Gwynedd police force ad- recognize the leadership and achievements of at the helm, nothing can stop the clock. I’m reminded of the Chow Call that I used to mirably. In fact, he was inducted into the Dr. Beverly Walters in the field of neurosurgery. Dr. Walters is an Associate Professor have to give many years ago at the Naval American Police Hall of Fame in 1983. Academy: it ends with the one minute call Corporal West has been active in the F.O.P. of Clinical Neurosciences at Brown University, and the words; Tide time and Formation Montgomery County Lodge #14 and has par- and Chief of Neurosurgery at Landmark Med- wait for no man!’’ Logs must now go ashore ticipated in other community programs such as ical Center. and he will be leaving this ship, just as Cap- The Salvation Army Holiday Food Drive, the Dr. Walters recently co-chaired a committee tain Otterbein had to leave it 2 and a half Home Run Derby, the YMCA physical fitness that examined a number of studies and estab- years ago, in the hands of another eager and program and the Rotary Club of which he was lished guidelines for the treatment of acute talented officer, Captain Mike Groothousen. This Change of Command provides the op- a past president. He has been recognized by cervical spine and spinal cord injuries. The guidelines were published in the March issue portunity to reflect upon the accomplish- many in his community for his years of dedi- ments of the command and crew of Harry S. cated service. of Neurosurgery. The committee evaluated the Truman. It also gives us a chance to talk I am pleased to have this opportunity to rec- best scientific evidence developed over the about what lies ahead. ognize Corporal Walter West for his many last 25 years to inform their conclusions. The United States is and always will be a years of dedicated service. Our community is The standardization and refinement of sur- Maritime nation. Since Theodore Roosevelt a better place because of his contributions. gical techniques in treating spinal cord injuries and the Great White Fleet sailed from Hamp- ton Roads, the U.S. Navy has been an instru- f is a substantial accomplishment in neurosurgery, and a testament to Dr. Walters’ expe- ment of national policy and diplomacy, and TRIBUTE TO DR. RICHARD G. her ships have been the centerpiece of our rience in research and surgical practice. I am national defense. When one considers the CARPENTER proud to represent Dr. Walters, and applaud striking power, mobility and agility of our her commitment to this field. deploying Carrier Battle Groups, built HON. ROBERT E. (BUD) CRAMER, JR. Mr. Speaker, I hope you and our colleagues around carriers such as Harry S. Truman, it is OF ALABAMA will join me in recognizing Dr. Beverly Walters evident that our nation’s defense is the strongest it’s ever been. IN THE HOUSE OF REPRESENTATIVES and her outstanding work. Due in part to her dedication, numerous lives are improved daily ‘‘I’ve been in the Navy, now, for some 28 Tuesday, April 9, 2002 through increased understanding of spinal years and can honestly say that today’s Navy and her Sailors and Marines are the Mr. CRAMER. Mr. Speaker, I rise today to cord, injuries. finest I’ve ever seen. You’ve earned the right recognize the many contributions of Dr. Rich- f to stand proud. Each deploying ship, squad- ard G. Carpenter to Calhoun Community Col- ron, and unit has the full support and back- lege and the Decatur, Alabama community RADM ARCHITZEL GIVES KEYNOTE ing of the American people, never before in during the last ten years. I join his family, ADDRESS AT USS ‘‘HARRY S. American history has our nation been so friends and colleagues as they celebrate his TRUMAN’’ CHANGE OF COMMAND completely unified and resolute in purpose. accomplishments and congratulate him for a CNO’s guidance for 2002 is to ‘‘Fight and successful tenure as President of the school Win’’. He recently reflected on how the read- HON. IKE SKELTON iness, flexibility, power, precision and per- and an exciting new future as President of the OF MISSOURI sistence of our naval forces are dealing deci- Wisconsin Technical College System. IN THE HOUSE OF REPRESENTATIVES sive blows in the war on terrorism. The Navy Dr. Carpenter, a native of Franklinton, Lou- Tuesday, April 9, 2002 is performing brilliantly and he is, as I am, isiana, has been President of Calhoun Com- very proud of each and every Sailor and Ma- munity College since 1992. Calhoun is Ala- Mr. SKELTON. Mr. Speaker, on Friday, rine standing the watch. Sustainment of this bama’s largest community college, and Dr. March 15, a Change of Command was held level of performance presents many chal- Carpenter has provided them with progressive on the USS Harry S. Truman, an aircraft car- lenges to our Commanding Officers. rier whose home port is Norfolk, VA. Captain With respect to those challenges, the and visionary leadership for the past decade. President, in his address to Congress on the He has played a pivotal role in shaping Cal- Michael Groothousen succeeded Captain 20th of September of last year, directed the houn Community College to what it is today David Logsdon as the Commanding Officer of military to ‘‘be ready!’’ and told Congress and will be greatly missed. that ship. Captain Logsdon will continue his and the American people that the military’s Among his accomplishments at Calhoun outstanding military career as a professor of ‘‘time will come and they will make us Community College are its ongoing construc- Military Science at the University of South proud!’’ Well . . . our time has come, the En- tion of the school’s Technology Park and the Carolina. The principal address was delivered terprise, Theodore Roosevelt, Stennis, and record setting enrollment for the fall semester by RADM David Architzel. The talk was a Kitty Hawk Battle Groups have triumphed, great reminder of American Naval strength. It and the JFK and Vinson Battle Groups have of 2001. His prior experience includes teach- stepped in and filled their shoes. Whether ing at elementary through university graduate is set forth as follows: you’re on the tip of the spear, preparing to school levels and serving as president of three Congressmen Skelton and Schrock, Admi- be there, or supporting those who are, We other community colleges. Dr. Carpenter re- ral Malone, Captains Logsdon and have a mission and one clear objective . . . ceived his Ph.D. in Community College Lead- Groothousen and your families, distin- to win the war on terrorism and we will.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K09AP8.001 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E449 The Enterprise and Theodore Roosevelt * Truman ensured that our peacetime mili- The leadership from Norfolk Naval Ship- Battle Groups led the way from right here in tary was essential to our way of life in the yard was unanimous in their praise for the Hampton Roads and have carried on the future. ‘‘Truman Team One’’ concept employed from fight for all of us here at home. In the not * In speaking of the need for a strong mili- the beginning of the maintenance avail- too distant future, it will be TRUMAN’S turn tary he said, ‘‘We must be prepared to pay ability process. to take her place on station to cheers of the price of peace or assuredly we shall pay In fact, the Shipyard Commander, an offi- ‘‘Give ’em Hell Harry!’’ the price of war.’’ cer who has been involved with many out- When that time comes, I known you will be I wonder what President Truman would standing aircraft carrier maintenance avail- ready. This carrier and her embarked Air think if he were in the audience with you abilities lauded your team in saying: Wing brings with it elements that cannot be today. How much would it have meant to ‘‘I have never worked with a commanding matched by any other force. You will be him to have this great symbol of military officer who was more dedicated to the suc- challenged and you must remain flexible— might in his Navy? cess of the mission. . . . His leadership and the flexibility of Naval aviation was evident Remember that this ship answered the call commitment were inspirational and con- early in Operation Enduring Freedom. After during Operation Southern Watch. tagious to everyone on the ship both Truman the first two weeks of the war, the fixed tar- On her last deployment: crew and Norfolk Naval Shipyard workers gets were all but destroyed, leaving over 80% Logging 8,000 arrested landings; alike.’’ 84 days supporting; The best thing of all is that because of of the targets unknown to the aircrews prior 869 missions flown; to launch requiring them to quickly adapt supporting 2,700 flight hours; your initiative, ingenuity and dedication mission plans enroute in order to perform the list of accomplishments for this ship . . . the ships that follow you will have an time critical strikes. Mission accomplish- during Operation Southern Watch is stag- advantage, the whole carrier fleet benefits ment required the Presence, Power and Pre- gering, earning unprecedented recognition from the lessons learned from your suc- cision that only carrier aviation can provide. for a newly commissioned ship. cesses. Persistence is another factor. On station 24/ I know Captain Logsdon would quickly de- It is abundantly clear to anyone that your 7, available on call when needed, the forward flect any praise for himself onto all of you. leadership has been essential in these many deployed carrier, with the latest in tech- However, we all recognize that his leadership accomplishments. nology, stands ready, delivering precision was essential to the great things Harry S. Captain Logsdon in addition to providing guided ordnance to over 90% of her targets as Truman has attained and his legacy will be your people the tools to accomplish their opposed to the 10% rate used in Operation a part of this great ship for a long time to mission: Desert Storm. This is a campaign where we come. You have provided the leadership needed in measure targets per aircraft not aircraft per Another great source of pride for Truman order to ensure that the men and women of target. It is not about numbers of tons of is your conduct as ambassadors for our na- the Harry S. Truman know the value of their bombs but about making every bomb count. tion overseas . . . you put our nation’s best contribution and feel pride in themselves Carrier Aviation continues to excel. Com- foot forward . . . and what a tremendous job and their service to country. mander, Carrier Air Wing 8, who returned in you did as ambassadors . . . Since Captain Among the records that Captain Logsdon November aboard USS Enterprise, recently Logsdon is a student of history and no doubt must be most proud is to lead the attributed training and preparation with the a student of Harry S. Truman, it is no coinci- CINCLANTFLT honor role for retention . . . success his Air Wing experienced while de- dence that aboard his namesake vessel on Harry S. Truman retained almost 60% of its ployed for Operation Enduring Freedom. He your maiden deployment you made back to first term sailors and over 77% of second also noted that this training was essential back port visits in Turkey and Greece . . . term Sailors . . . 3% and 10% higher than for naval aviation to remain agile an adapt- two of the nations center to the Truman Navy averages and earned back-to-back able. Doctrine and I am sure that your crew now Fleet Retention excellence Awards under his Our operations require stalwart dedication has experiences and memories that will last leadership. from the entire Battle Group, not just the a lifetime. The record speaks for itself, the crew has fighter/attack aircraft and crews. For exam- Launching and recovering aircraft and pro- worked hard and clearly likes being part of ple, the organic tanker capability of the S–3 jecting air power will always be the function the Harry S. Truman team and while your Viking, which CAPT Logsdon and I are re- of aircraft carriers and will continue to be leadership Captain Logsdon is key, you motely familiar with, is more valuable than the centerpiece of our Naval strategy for didn’t do it alone. ever to the Air Wing and Battle Group Com- many years to come, this is of course your There is an unseen element of your leader- manders and continues to be essential to mission and our mission is always the pri- ship that no one can deny and that is of your mission accomplishment in Operation En- mary focus. wife Rise (Reece-uh). While you were out to during Freedom. Our number one resource by accomplishing sea leading sailors, she was back at home Logs, you would be interested to note that our mission is our people . . . every one of helping families, not only your two wonder- Viking squadrons deployed for Operation En- you here today . . . without you we cannot ful children, but supporting the entire family during Freedom have flown about 4,000 hours accomplish our mission. network of the Harry S. Truman a daunting and have passed over 5.5 million pounds of Do you know what the CNO’s ‘‘number task for anyone, a task deserving of a large fuel . . . which contrasts significantly with one’’ priority is for our Navy today? Man- salary for which she receives nothing, but I the total of 2,400 hours and 2.5 million power . . . our people . . . Since Admiral know she has your gratitude, let me add pounds for a typical peacetime deployment. Clark became CNO, he has said we are in a mine as well. Many of the current flight schedules have battle for people to maintain the greatest Sometimes leaders don’t recognize things been requiring 7 of 8 Vikings airborne at a Navy in history. Part of the reason for that outside the skin of a ship or the walls of a time and they are enjoying the highest air- is the ‘‘type’’ of people we must recruit and building. But you do. You understand what craft utilization rate in the Air wing. retain, we cannot operate aircraft carriers an incredible part of your crew’s success de- Now let me focus on some of the wonderful with just anyone, there are special traits pends on the families back home and it things that Captain Logsdon and his crew that our people must possess. shows. have accomplished during his time in Com- ‘‘One of the most important things we do Captain Logsdon, I’m sure it seems like a mand. in our Navy is give people responsibility at very short time ago that you were assuming People talk about the character of a ship very young ages. Some people, frankly, don’t command of this great ship. I know in my and I believe it starts with its namesake, but prosper in that environment and will not do experience the time seems to just fly by, you it doesn’t end there. well. Ours is a demanding profession—and we are likely leaving here with a heavy heart, The character of a ship transcends through ask a lot. But the people who thrive on re- knowing that you will be saying farewell to the leadership and most importantly is rep- sponsibility will always do well.’’ this great crew. resented by the men and women who com- Harry S. Truman is a leader in providing for But you will quickly become energized prise the crew. the quality of life and quality of service . . . when you get back on campus at the Univer- As one leader relieves another, . . . as you are a crew that does thrive on the awe- sity of South Carolina and back in the heart crew members come and go . . . the char- some responsibility you are entrusted with of NASCAR country what a homecoming acter stays, the pride, the energy the enthu- . . . and your record clearly reflects that. that will be . . . and what a thrill to have an siasm that makes the ship great comprise Faced with a lengthy availability, the impact on those young people who will be- the character that embodies the ship. strength of your leadership and the deter- come leaders for our future Navy. It will cer- All you have to do is walk aboard this mination of your crew were clearly dem- tainly be a rewarding experience. great ship and you can feel it. This ship has onstrated. As you leave this great ship, I am sure character and that character is here to stay. You set the standard for Aircraft Carrier there are many things you had hoped to ac- President Truman’s favorite expression availabilities you raised the bar for all the complish, but simply ran out of time. That’s was: ‘‘Always do right. This will gratify ships that will follow you, you completed hard to imagine with the success you have some people and astonish the rest.’’ your PIA millions of dollars under budget had here, but is still probably true. This principal applies well to what you do and ahead of schedule, a true testimony to Now let me turn to the future. Groot, you aboard this great ship and in fact gives our the character of this great ship and you ac- will be given many resources and with that Navy a guiding principle, during this time of complished what many thought was impos- you will be expected to produce that fruit great challenge for our Navy and our nation. sible. called readiness. You are embarking on the

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.025 pfrm04 PsN: E09PT1 E450 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 greatest professional experience and chal- today to introduce a bill, the ‘‘Small Business Deflorio, Jack Depew, John Grzych, Herman lenge of your life and I know you are up to Investment in Growth Act of 2002,’’ identical to Nashkoff, and Joe Seneff. Those members it. You take the helm of this great warship the President’s expensing provisions and to being honored for 45 years of service include: today and will soon carry her forward to Edward Bullock, Eugene Langel, and George even greater heights and a place in our Na- legislation introduced in the Senate on Friday, tion’s history books. To those of you who March 15, 2002, by Senators SUSAN COLLINS Pooler. Those members being honored for 40 don’t know Captain Mike Groothousen let of Maine and KIT BOND of Missouri. years of service include: Melvin Blaier, Rich- me tell you a little about him: He is an ac- As Chairman of the Committee on Small ard Carnett, Ralph Graham, Aloysius Sajdyh, complished aviator (A–7 F/A 18), Executive Business, I strongly welcome the Job Creation and Walter Scott. Those members being hon- Officer aboard USS George Washington, and Worker Assistance Act of 2002 Congress ored for 35 years of service include: Roger Commanding Officer aboard USS Shreveport, passed and the President signed last month to Benson, Jr., William Chick, Eugene Hartz, dedicated professional and Champion of Sail- stimulate growth and promote prosperity for all Steve Hudi, Pete Lolkema, and Ronald Web- ors. Americans. Unfortunately, the final bill did not ster. Those members of Local 599 who will be Captain Groothousen you will be fulfilling a dream and I know you will stay sharp, stay include small business expensing—a priority I honored for 30 years of service include: Arthur focused, stay safe and make us all proud. believe would be crucial in increasing small Bach, Lewis Carver, and Anthony Vigil. The You and Tricia are in for the ride of your business investment and growth in our econ- carpenters who will be honored for 25 years of lifetime. All the years of training, the dedi- omy. Accordingly, my bill would increase im- service include: John Childers, Gregory Curtis, cation and sacrifice required of you and your mediately the expensing and equipment cost Larry Eckrich, Robert Emslander, Joseph family will be worth it. Command of an air- limitations under Section 179 of the Internal Gacsy, William Hass, Daniel Hernandez, craft carrier is like nothing else on this Revenue Code to $40,000 and $325,000 re- George Hudak, William Lowry, Rich McIlroy, earth and I know you will both walk away Walter Sosnowski, Chris Staes, Matthew richer for the experience. spectively. Unambiguously, these simple and cost effective changes would boost small busi- Stoffregen, and Leonard White. Always remember to trust in your faith, Northwest Indiana has a rich history of ex- and in your shipmates. God bless you, the ness spending and economic growth. crew of this great ship and God Bless the Small entrepreneurs strongly support the cellence in its craftsmanship and loyalty by its United States of America. proposed changes because they understand tradesmen. These workers are all outstanding examples of each. They have mastered their f that the current law limitations of $24,000 and $200,000 are woefully outdated and counter- trade and have consistently performed at the HONORING CORPORAL ROBERT productive. The majority of small entre- highest level throughout their careers. They THOMAS preneurs exceed these current annual cost have demonstrated their loyalty to both the limits in only three months. Increasing Section union and the community through their hard HON. JOSEPH M. HOEFFEL 179 expensing for America’s small entities will work and self-sacrifice. lower their cost of capital and enable them to Mr. Speaker, I ask that you and my distin- OF PENNSYLVANIA guished colleagues join me in congratulating IN THE HOUSE OF REPRESENTATIVES compete, to expand, and to create new jobs. Mr. Speaker, I am proud to offer this bipar- these dedicated, honorable, and outstanding Tuesday, April 9, 2002 tisan bill together with the Committee on Small members of the Hammond Carpenter’s Union Local 599, in addition to all the hardworking Mr. HOEFFEL. Mr. Speaker, I rise today to Business Ranking Democrat NYDIA M. VELAZ- union men and women in America. The men congratulate Corporal Robert Thomas. Cor- QUEZ of New York, Representative ROB and women of Local 599 are a fine represen- poral Thomas retired from the Lower Gwynedd PORTMAN of Ohio and of the Ways and Means tation of America’s union workforce; I am Police Department in Montgomery County, Committee, and several other distinguished proud to represent such dedicated men and Pennsylvania on August 12, 2001 after twenty- members. We urge its prompt passage in this women in Congress. Their hard labor and six years of service. Corporal Thomas has Congress. dauntless courage are the achievement and provided his community with outstanding serv- f fulfillment of the American dream. ice. Corporal Thomas served in the U.S. Army THE HAMMOND CARPENTER’S f Reserves from 1965 until 1967 when he was UNION LOCAL 599 CELEBRATING THE 90TH ANNIVER- honorably discharged. In 1977 he was se- SARY OF THE GIRL SCOUTS lected as Police Officer of the Year and he re- HON. PETER J. VISCLOSKY ceived an Exceptional Service Award and rib- OF INDIANA HON. SAXBY CHAMBLISS bon in 1978. Corporal Thomas also earned an IN THE HOUSE OF REPRESENTATIVES OF GEORGIA Honorable Service Award. He was promoted Tuesday, April 9, 2002 IN THE HOUSE OF REPRESENTATIVES to the rank of Corporal in 1984. Tuesday, April 9, 2002 In addition, Corporal Thomas was a mem- Mr. VISCLOSKY. Mr. Speaker, it is my dis- ber of the Montgomery County Emergency tinct honor to congratulate some of the most Mr. CHAMBLISS. Mr. Speaker, I would like Response Team and has many letters of dedicated and skilled workers in Northwest In- to recognize the 90th Anniversary of the Girl praise from the community and area police de- diana. On April 13, 2002, in a salute to their Scouts of America. In 1912, Juliette Gordon partments. He was inducted into the American workers’ durability and longevity, the Ham- Low founded the Girl Scouts in Savannah, Police Hall of Fame and Museum in 1978. mond Carpenter’s Union Local 599 will recog- Georgia with a membership of only 18 girls I am pleased and honored to present this nize their members for 25 years or more of and the dream of giving the United States award to Corporal Robert Thomas. dedicated service. They will be recognized ‘‘something for all girls.’’ by the end of 1913, f during a pin ceremony banquet held on Satur- there were 535 members and 31 leaders. day at the Carpenter’s Union Hall in Ham- Today there are nearly 3.7 million Girl Scouts INTRODUCTION OF ‘‘SMALL BUSI- mond, Indiana. These individuals, in addition and the program continues to offer quality ex- NESS INVESTMENT IN GROWTH to the other Local 599 members who have periences for girls locally, nationally, and inter- ACT OF 2002’’ served Northwest Indiana so diligently for such nationally. The Girl Scout program is girl-driv- a long period of time, are a testament to the en, reflecting the ever-changing ideas and in- HON. DONALD A. MANZULLO prototypical American worker: loyal, dedicated, terests of the participating girls. the program OF ILLINOIS and hardworking. encourages increased skill building and re- IN THE HOUSE OF REPRESENTATIVES The Carpenter’s Local 599, which received sponsibility, and also promotes the develop- its charter in 1899, will honor members for ment of strong leadership and decisionmaking Tuesday, April 9, 2002 their years of devoted service. Those mem- skills. Mr. MANZULLO. Mr. Speaker, I rise today bers who will be honored for 60 years for Throughout its history, the Girl Scouts have to applaud President Bush for recently releas- service include: Oscar Wahlstrom and Cecil provided aid and assistance to our country in ing a comprehensive Small Business Agenda. Webb. The carpenters who will be honored for times of need. During World War I and II, Girl The President’s Small Business Agenda in- 55 years of service include: Fred Doppler, Mi- Scouts worked in hospitals, grew vegetables, cludes substantive and vital tax and regulatory chael Grimmer, Lawrence Hess, Joseph and sold defense bonds. During the Great De- reforms including, among them, provisions to Hoadley, Joseph Lowry, Wayman Porter, John pression, Girl Scouts troops around the United amend the Internal Revenue Code of 1986 to Sowinski, Walter Spencer, and George States joined the relief effort by collecting provide for an immediate increase in expens- Wartsbaugh. Those members who will be hon- clothes, food, and toys, volunteering at hos- ing under Section 179. Accordingly, I rise ored for 50 years of service include: Daniel pitals, and working on community canning

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.028 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E451 projects. The Girl Scouts continue to offer en- RECOGNIZING CLEAR FORK will be a day to reflect upon the rich history riching experiences through field trips, sports BAPTIST CHURCH and heritage of Odessa, and to look forward to skill-building clinics, community service at least 75 more years of prosperity. projects, cultural exchanges, and environ- HON. ED WHITFIELD While the origin of the name is not certain, mental stewardship. OF KENTUCKY one story is that the city was given its name The growth and achievements of the Girl IN THE HOUSE OF REPRESENTATIVES by railroad workers. The terrain reminded Scouts would not be possible, without the Tuesday, April 9, 2002 them of the wide, flat prairies around Russia’s dedication and guidance of more than 942,000 city, Odessa, which was the wheat distribution professionals, 99 percent of those being vol- Mr. WHITFIELD. Mr. Speaker, I am pleased center of the world at the time. but if that does unteers, Mr. Speaker, I hope you will join me to rise today in recognition of Clear Fork Bap- not suit you, another story is that it was today in celebrating 90 wonderful years of tist church, located in Albany, Kentucky. Clear named of a beautiful Indian maiden who died Girls Scouts USA. fork celebrated its 200th anniversary April 7th, in the area. 2002. Cattle ranches were established in the area When our great nation was only 26 years f in the late 1800’s, but the railroad really old, Clear Fork Baptist church was founded on marked the founding of Odessa. A railroad GIRL SCOUTS the banks of the Clear Fork Creek in what is construction campsite of the Texas and Pacific now Clinton County. The founder, Pastor Railroad was organized in 1881. Odessa Isaac Denton, migrated to Kentucky from quickly became a major cattle shipping hub for HON. JERRY MORAN North Carolina in 1798 and, according to his OF KANSAS the ranches in the area. calling, began to conduct a series of meetings Situated in an area that was an ancient sea, IN THE HOUSE OF REPRESENTATIVES in 1801, converting many settlers to Christi- Odessa has rich reserves of oil and natural Tuesday, April 9, 2002 anity. In April of 1802, Clear Fork Baptist gas. The town would become ever-tied to oil Church was established with 13 charter mem- Mr. MORAN of Kansas. Mr. Speaker, It is and gas production after the 1927 discovery of bers. The Church thrived under Pastor Den- oil. Today, the Permian Basin is known an honor to recognize the 90th anniversary of ton’s leadership for 46 years until his death in the Girl Scouts of the United States of Amer- throughout the world as one of the major oil 1848. He was buried beside the Church, field technology centers, and Odessa remains ica. From March 10 through March 16, 2002, where his tombstone has since been restored this organization of approximately 3.7 million a vital segment to the Basin. Every even-num- and memorialized to honor his dedication. His bered year, the City hosts the Permian Basin members celebrated their long and distin- son, Joseph Denton, also served Pastor for 33 guished history. International Oil Show, celebrating its links to years, becoming one of 24 men who have the industry with the world’s largest inland ex- Since the first Girl Scout meeting, on March guided the Church throughout history until 12, 1912, the Girl Scouts have successfully hibit of oilfield products and services. today. Odessa is home to the University of Texas embarked upon their mission to help all girls Clear Fork Baptist Church has survived an of the Permian Basin, a branch of Texas Tech grow physically, mentally and spiritually. This astounding history. The original building was Health Sciences Center, and Odessa College. mission has been accomplished by empow- destroyed by fire during the Civil War. Three It also has an excellent coliseum exhibit com- ering girls to develop their full potential, by re- other structures have been erected through plex, a combined performing symphony with lating positively to others, by teaching values the years, including today’s church building, neighbor city Midland, the Ellen Noel Art Mu- that provide a foundation for sound decision- which was built in 1995. seum, a Presidential Museum, and two work- making, and by contributing to society. The Several church members throughout history ing playhouses. Some of you may know the Girl Scouts are remarkable in their ability to have also served the great State of Kentucky. group of volunteers known as the Odessa address contemporary issues affecting girls, Preston H. Leslie, Governor of the Common- Chuck Wagon Gang, which has been in exist- while at the same time maintaining the core wealth of Kentucky from 1871–1875, was a ence over 60 years and has fed barbeque to set of values that were adopted nearly a cen- member of the Church. In addition, Major Wil- people all over the world, all the while pro- tury ago. liam Wood, a state legislator for 23 years, was moting the City of Odessa. I am proud to be There are approximately 50,000 Girl Scout one of the charter members. During his term an honorary member of this terrific and hard- members in the State of Kansas. They volun- in the Legislature, a bill for the Benefit of Reli- working group. teer their time and energy to make their com- gious Society in the Commonwealth was Known for football prowess, Odessa is munities, the State of Kansas, and their Nation passed. This bill provided official recognition of home to the Permian High School Panthers a better place. Through the Girl Scouts Pro- trustees appointed by the church to act as and the Odessa High School Broncos, which gram, these girls develop skills and values legal representatives of their congregations. each have captured numerous state titles. We that will serve them well throughout their lives. Known as ‘‘The Lighthouse in the Wilder- also can claim to have the winners of minor ness’’ after a history book written about the We also must not overlook the thousands of league hockey’s Governor’s Cup, the Odessa Church, Clear Fork Baptist is the oldest in adult leaders and parents who volunteer their Jackalopes. Clinton County and was the fountainhead for time to the Girl Scouts. It is the efforts and su- Odessa is a thriving city, thanks to the pe- many churches in Kentucky and Tennessee. pervision of these adult leaders that ensure troleum business, and many other ranching, The first secular school was also established the success of these programs. These leaders farming, industrial and enterprise develop- provide an important influence upon the lives by and named after the Church. Few churches in our region of the country ments. Today it is more than twenty times the of young girls—an influence much greater size it was when oil was discovered, and she than I will ever possess as their Congress- have a longer or more colorful history than Clear Fork Baptist. Two hundred years after is Texas’ 23rd largest city. man. I would like to personally recognize: J. I am very proud to represent the citizens of its birth, the Church continues to stand with a Lynn Smith, Executive Director, Flint Hills Odessa here in the House of Representatives. determination to fulfill her mission to proclaim Council, Emporia; Linda Mills, Executive Direc- I salute the City, her leaders, and her citizens the Gospel of the Lord Jesus Christ. tor, Sunflower Council, Hays; Susan Kendall, on this very special occasion. I offer my sin- Executive Director, Wheatbelt Council, Hutch- f cere best wishes for at least another 75 years inson; Martha Fee, Legislative Volunteer, SALUTE TO ODESSA, TEXAS ON of prosperity and good fortune. Wheatbelt Council, Hutchinson; Diane Oakes, ITS 75TH ANNIVERSARY f Executive Director, Kaw Valley Council, To- peka; Cindy Frank, Executive Director, Golden SUPERFUND PROGRAM Plains Council, Wichita; and Cynthia Stein, HON. LARRY COMBEST Board of Directors President, Golden Plains OF TEXAS IN THE HOUSE OF REPRESENTATIVES HON. CYNTHIA A. McKINNEY Council, Wichita; Girl Scout leaders who have OF GEORGIA donated countless hours of service to the Girl Tuesday, April 9, 2002 IN THE HOUSE OF REPRESENTATIVES Scouts. Thank you for your dedication to im- Mr. COMBEST. Mr. Speaker, I would like to prove the lives of the young girls. call the attention of my colleagues to a town Tuesday, April 9, 2002 Once again, congratulations on the 90th an- in West Texas for which I am proud to serve Ms. MCKINNEY. Mr. Speaker, President niversary of the Girl Scouts. May you have in the U.S. House of Representatives. Bush has already spent America from surplus many more years of success in mentoring our On April 18, 2002, Odessa, Texas will mark to deficit, and now he wants to do the same Nation’s young women. the 75th anniversary of its incorporation. This thing with the Superfund program. But instead

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.032 pfrm04 PsN: E09PT1 E452 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 of overspending, he wants to starve Superfund whelming hope of the parents of Afghanistan versity, John Browne took a bold step; he to death. to honor of this great occasion: their children’s broke from his peers in the oil and gas indus- Now, I’d be the first to admit that Superfund first day of school. try and set a target to significantly reduce hasn’t been a perfect program. At first critics f greenhouse gas emissions from company op- were right that it was a bonanza for everyone erations. The target he set was a ten percent except the communities who were suffering HONORING COLONEL BRENT W. reduction below a 1990 baseline by the year from pollution and contamination. But that’s all MARLER 2010. changed now, and the companies that are pol- Just last week this same man again stood luting our neighborhoods and communities, HON. DUNCAN HUNTER before an audience at Stanford to announce now want to get off scott free and President OF CALIFORNIA that the company had achieved the target, and Bush is aiding and abetting them. IN THE HOUSE OF REPRESENTATIVES done so eight years ahead of schedule. Impor- Sadly, President Bush named as his Sec- tantly, this was done at no net cost to the Tuesday, April 9, 2002 retary of Interior a woman who believes that company. Mr. Browne further announced that companies have a constitutional right to pol- Mr. HUNTER. Mr. Speaker, today I would BP would continue its quest to reduce the car- lute. Now, Bush is allowing that kind of think- like to commend the distinguished career of bon intensity of its activities and stabilize caring to leach into the Superfund program, thus Colonel Brent W. Marler and congratulate him bon emissions at current levels while growing shielding corporations from the responsibilities on his retirement from the United States Air the company. This, he said would be achieved of cleaning up what they mess up. Now, Presi- Force and the California Air National Guard. through focusing on technology improvements, dent Bush wants teachers, and police officers, Colonel Marler retired on April 1st of this year gains in efficiency and through offering less and America’s working families to foot that bill. after 30 years of dedicated service to our carbon intensive products to customers. By eliminating the Superfund tax, corporate country. Mr. Speaker, the actions on the part of John polluters will no longer have to support the A native of Spring Valley, California, Colonel Browne and BP clearly demonstrate that a lit- fund that protects me and you from the dam- Marler graduated from the distinguished Air tle bit of initiative can go a long way. This is age that they do. Force ROTC program at Brigham Young Uni- leadership—we need more of it here in the US Bush should stop rewarding his fat cat versity. Immediately following graduation, he on the matter of climate change, because this friends and represent America’s working fami- received an officer’s commission in the Air issue is not going to go away. lies. Force. I applaud the achievements of John Browne f While serving in the Air Force, Colonel and the progressive company that he leads. Marler flew the F–4 in Germany and Korea, Attached is a copy of Mr. Browne’s Stanford A TRIBUTE TO THE FIRST DAY OF completing several successful missions. He speech for my colleagues’ consideration. SCHOOL IN AFGHANISTAN was then promoted to be the Officer in EXCERPTS FROM THE STATEMENT OF JOHN Charge, Weapons Systems Command and BROWNE, CHIEF EXECUTIVE, BP, STANFORD HON. SAM FARR Control in the 163rd Tactical Fighter Wing. UNIVERSITY—11 MARCH 2002 OF CALIFORNIA With the introduction of personal computers, Beyond Petroleum: Energy and the IN THE HOUSE OF REPRESENTATIVES Colonel Marler volunteered his time to teach Environment in the 21st Century others, leading to the automation efforts in his Tuesday, April 9, 2002 Stanford is a place to which I first came squadron. He also served in the 58th Tactical twenty-three years ago to learn about busi- Mr. FARR of California. Mr. Speaker, The Training Squadron at Luke Air Force Base in ness. And it’s place to which I came back first day of school is a memorable day for par- Arizona, making significant upgrades to course five years ago to talk about the issue of cli- ents. The image of our daughters and sons, materials that improved training throughout the mate change and global warming. small packs on their backs, lunchboxes at Air Force. Climate change is an issue which raises their sides, leading us through the doors of fundamental questions about the relation- Colonel Marler’s personal dedication has im- ship between companies and society as a their new classrooms is one not forgotten by proved the quality of equipment used by the whole; and between one generation and the any parents. The image reflects our hope for United States Air Force and California Air Na- next. It is an issue which is about leadership them as they embrace a new role in their tional Guard. Through his personal interven- as well as science. communities and their nation. tion, he successfully managed to acquire fund- It was clear that the issue was global, po- The compact between a nation and a child ing for critically needed replacement aircraft, tentially affecting everyone. And it was is simple. The nation prepares the child to ac- which made it possible to save the C–22 pro- equally clear that the only practical solu- cept the mantle of its stewardship. The nation gram in the Air National Guard. Furthermore tions would be ones which recognized the educates a child, providing the tools that the human desire for improved living standards. he introduced Commercial Video Cockpit To ask people to sacrifice the future would child will later use to further the progress of equipment to the A–7, A–10 and F–16, giving be unrealistic. To deny the basic aspirations the nation. the Air National Guard a price effective edge of hundreds of millions of people to escape The nation that does not honor this compact in video surveillance. Colonel Marler also led from poverty would be immoral. is a nation disgraced. The nation that estab- the effort to replace the retiring RF–4C with It was clear too, that the immediate chal- lishes, expands, or renews this compact de- the F–16 for reconnaissance purposes. lenge couldn’t be solved by a sudden magical serves recognition. This is what I seek to do Colonel Marler has led a zealous and patri- transformation of the energy mix, through today as I rise in tribute to the events of otic career in the United States Air Force and the replacement of oil and gas by alternative March 23, the first day of school for many of and renewable forms of energy. California Air National Guard. These distinctive In 1997 we accepted that logic. We set our the girls of Afghanistan. accomplishments in both operational and lead- own target—to reduce our own emissions of I offer my deep appreciation to all those ership roles of duty, culminate a long and dis- greenhouse gases by 10 per cent from a 1990 who made this day possible. Their unwavering tinguished career in the service of his country. base line by the year 2010 That was broadly conviction that this compact would one day be With the retirement of Colonel Marler, our in line with the Kyoto targets, and based on honored in Afghanistan was realized March country loses a valuable member of the the presumption that at some point in the 23. These parents, teachers, and international Armed Services and his dedication and com- future those target of something similar would be converted into mandated objec- aid workers labored tirelessly to provide books mitment will surely be missed. and supplies for schools in communities tives. At that time, we didn’t know precisely f how we were going to achieve our target— across Afghanistan. but we had some initial ideas. Through their education, the children of Af- RECOGNIZING JOHN BROWNE Now, five years on, I’m delighted to an- ghanistan will gain a greater understanding of nounced that we’ve delivered on that target. the people within their nation’s border and HON. SHERWOOD L. BOEHLERT That means our emissions of carbon diox- knowledge of the world beyond them. OF NEW YORK ide have fallen to almost 80 million tonnes, 10 million tonnes below the level in 1990 . . . On March 23, parents in Afghanistan heard IN THE HOUSE OF REPRESENTATIVES the sound of doors swinging open and their and 14 million tonnes below the level they Tuesday, April 9, 2002 had reached in 1998. children walking determinedly through them. That achievement is the product not of a Echoed in this, I can hear my daughter walk- Mr. BOEHLERT. Mr. Speaker, I rise today single magic bullet . . . but of hundreds of ing through the door of her elementary school to recognize John Browne, chief executive of different initiatives carried through by tens many years ago. I join with parents around the BP for his distinctive leadership on the issue of thousands of people across BP over the world who share the joy and pride and over- of climate change. In 1997, at Stanford Uni- last five years. They deserve the credit . . .

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.036 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E453 and their achievement makes me very proud dictions are impossible but we are moving to bilities based on the fundamental American to lead the BP team. the point where we could be producing twice belief in technology—a belief founded on dec- The answer came through efficiency . . . our current output. So we have to have the ades of achievement here in Stanford and in and technology, and through better manage- means to manage the possible volumes of other great universities. ment of the energy we use ourselves. At the CO2 which that growth implies. The differences of approach are to me a Texas City refinery alone that saved $5 mil- How then can we contribute to the objec- source of optimism—because they reflect re- lion and 300,000 tonnes of CO2 equivalent. It tive of stabilisation? There are two principal ality. The most effective forms of action do came through a reduction in the amount of ways. First, through efficiency—improving vary from one country to another, just as energy we need to use. And by applying sim- the productivity of the energy we use, and they vary from one company to another. ple efficiency—stopping leaks. There are doing everything we can internally to reduce That creative diversity of response, com- hundreds of examples. our emissions per unit of production. bined with the common acceptance of the In aggregate the net effect of all those ac- By applying existing knowledge across the problem, means that a recognition of dif- tions is that we’ve met the target, seven span of our operations, and selective new ferent advances in a common form through years ahead of schedule. And we’ve met it at capital investment in areas such as cogen- credits is more likely than it has been be- no net economic cost—because the savings eration, we believe we can achieve a 10 to 15 fore. from reduced energy inputs and increased ef- per cent improvement in the efficiency of Our aspiration then is to sustain the reduc- ficiency have outweighed all the expenditure our energy use. That will include continued tion in emissions we’ve made. And by doing involved. work to avoid leaks. In total we believe we that to contribute to the world’s long term That’s a particularly noteworthy point, a can deliver around half the necessary reduc- goal of stabilization. That is the route to positive surprise—because it begins to an- tions needed to sustain our internal emis- creating a sustainable, profitable business. swer the fears expressed by those who be- sions at current levels. We can’t do it alone. We need the help of lieved that the costs of taking precautionary Secondly we have to continue to reduce partners. We need the help of the academic. action would be huge and unsustainable. the carbon content of the products we And we need the help of Governments. In the process of reaching that objective produce and sell. We’ll continue to shift the we’ve learned a great deal. We can now meas- balance of our business in favour of lower f ure our emissions with much more precision carbon energy sources and in particular nat- IN RECOGNITION OF 90TH ANNI- than we could five years ago. We now have a ural gas. We’ll also continue the develop- VERSARY OF THE GIRL SCOUTS verified inventory of emissions. That means ment of key markets for fuels with a lower we can track reductions in a way which sim- carbon content such as Compressed Natural ply wasn’t possible before. We’ve learned a Gas and Liquefied Petroleum Gas. HON. MIKE ROGERS great deal about trading greenhouse gas We’ll offer refined products that are de- OF MICHIGAN emissions—through establishing the first signed to enable improved efficiency, or IN THE HOUSE OF REPRESENTATIVES global internal trading system which enabled greater emissions reductions. We’ll continue us to apply the right resources in the right to improve the quality of our refined prod- Tuesday, April 9, 2002 places and to reduce the costs involved. And ucts. Within the next three years 50 per cent Mr. ROGERS of Michigan. Mr. Speaker, we’ve learned a great deal about the poten- of sales worldwide will be of clean fuels, in- today I rise in support and recognition of the tial to resolve the challenge of climate cluding zero sulphur fuels, which we hope change through technology. will catalyze the development of more effi- 90th Anniversary of the Girl Scouts of the The quality of the products we sell has im- cient engines. We’re working with engine United States of America. Founded on the be- proved—with the development of cleaner manufacturers. We’ll continue to develop our lief that all young women should be given the fuels. That not only improves air quality in solar business which will grow by 40 per cent opportunity to develop physically, mentally and our cities, it also enables us to work with the this year and which already has a 17 per cent spiritually, Girl Scouts of the U.S.A. empowers auto manufacturers to produce significantly world market share. And we’ll explore other girls to develop to their full potential. more efficient engines. potential renewable sources of supply, and Taken together, those steps mean that The largest organization for girls in the test the viability of other potential energy world, Girl Scouting has a membership of 3.8 we’ve not only reduced our own emissions sources such as hydrogen. but we’ve also reduced the carbon content of At the same time we’ll maintain the lead- million. By establishing programs that are tai- the energy products we supply to the world. ership we’ve secured over the last five years lored to the needs and interests of girls, the So it is a good start. But it’s not a place to in carbon capture and geologic storage, a Girl Scouts provides opportunities to develop stop. technology that may have applications strong values and life skills in our young There is no single solution . . . but there across industry sectors. women. The scouting experience allows Amer- are many ways forward. What we and others Our growth will be cleaner than the aver- have done show that there are rich and wide- ican girls to take on responsibility, think cre- age, as it has been over the last decade, and atively and act with integrity—elements essen- ranging possibilities. that means we will have earned the right to The compelling conclusion from the sci- grow, because by taking action we’ve en- tial to cultivating good citizenship. entific work is that the ultimate objective sured that our growth is sustainable in every The Girl Scouts dedication to the positive must be to achieve stabilization—a max- sense. development of girls and young women is an imum level of carbon dioxide in the atmos- Of course, the offset I mentioned depends essential contribution to American society. I phere which is below the level of risk. on the development of a system of credits am confidant that the hard work and dedica- If stabilization is the objective, what is the which recognizes that emissions can be re- tion of the Girl Scouts, which has been an in- appropriate contribution of an individual duced in many different ways and which company? Clearly, we can’t do everything. tegral component of the last 90 years of our incentivises innovation and new thinking. nation’s history, will continue well into the fu- We supply just 1.5 per cent of the world’s en- That system of credits has not yet been es- ergy and around three per cent of the world’s tablished. The market mechanisms are not ture. I commend the Girl Scouts of the United oil and gas. yet in place. But these are early days. States of America for their commitment to as- But we play our part and take a lead. We We, and others, have learned a great deal sisting girls and young women to grow strong can use our skills and technology and busi- about the technology of trading emissions in mind, body, and spirit and call on my col- ness process to set our own internal target in over the last five years. But to reach its full leagues to do likewise. the context of the goal of stabilization, with potential, and to go beyond the boundaries of f a clear time scale over the next decade; in individual companies, trading requires real short to hold the emissions from our oper- incentives which are not yet in place. Never- AFGHAN BACK TO SCHOOL DAY ations at 10% below 1990 levels, through 2012, theless, I feel more confident now than I did MARCH 23, 2002 with approximately half of that coming from in 1997 that such systems will eventually be improvements in internal energy efficiency, established, and as they are developed we’re and half from the use of market mechanisms, determined to maintain our leadership posi- HON. MARCY KAPTUR generating carbon credits. tion. OF OHIO That is our next objective and our new The acceptance of the risk and of the po- IN THE HOUSE OF REPRESENTATIVES commitment. tential for progress is reflected in all the ac- The scale of the challenge is clear. We’re a tions being taken by Governments around Tuesday, April 9, 2002 growing business, and we want to create the world: in China—a shift from coal to nat- Ms. KAPTUR. Mr. Speaker, March 23, 2002 value for our shareholders by increasing our ural gas, and an extensive national pro- was a great day of celebration for women and share of the world energy market over the gramme of investment in environmental pro- girls in Afghanistan. March 23rd was the offi- tection; in the UK—the development of a cre- next decade. We aim to continue to grow our cial first day back to school for children in Af- production of oil and gas by more than five ative and constructive trading system; and per cent per annum until 2005, and to keep in the US, the important statement about ghanistan. At least 1.5 million children of ele- growing beyond that. reducing carbon intensity by President Bush mentary school age attended the first day We’ll also be increasing the volume of re- four weeks ago builds on previous state- back to school across the country. Children refined products we produce. Precise pre- ments on stabilisation and opens new possi- turned to classrooms for the first time in five

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.041 pfrm04 PsN: E09PT1 E454 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 years, and many stepped into classrooms for IN HONOR OF THE FIRST LATIN goods and services. Despite these economical their first time ever. HEALTH MINISTRIES DEVELOP- contributions, the dairy industry has made nu- When the Taliban government took control MENT PROJECT HEALTH FAIR merous charitable contributions, specifically to of Afghanistan in 1996, it immediately imposed the Diabetic Youth Foundation. a repressive interpretation of Islamic law, for- HON. ROBERT MENENDEZ The Diabetic Youth Foundation provides year-round educational programs for families bidding girls from attending school and women OF NEW JERSEY affected by diabetes. The financial assistance from teaching. For five years Afghan girls IN THE HOUSE OF REPRESENTATIVES is advantageous to the foundation and has al- were denied the basic right to education. Only Tuesday, April 9, 2002 32 percent of Afghanistan’s 4.4 million children lowed them to accept children in spite of the were enrolled in school in 1999. Almost all Mr. MENENDEZ. Mr. Speaker, I rise today child’s financial situation. Mr. Speaker, I rise today to honor the Cali- girls, 92 percent, were not in school. to honor the First Latin Health Ministries De- velopment Project Health Fair, a great oppor- fornia Dairy Industry for its contributions to the We have all heard of the courageous stories tunity to promote and provide health care in- community. I invite my colleagues to join me of former female teachers operating illegal formation to the Latino community. The event in thanking the Industry, and the Hilarides, for schools out of their homes, teaching young took place on April 6, 2002, at New Horizons their continued support of the Diabetic Youth girls basic math and writing. Women all over International Church. Foundation. the country refused to give up their right to be Latino churches have united to sponsor f educated and to educate. A survey conducted health care initiatives in communities through- by UNICEF at the end of last year found there HONORING THE STATE CHAMPION out New Jersey, where health care disparities were almost 600 home-based schools in LADY BLUE DEVILS exist in minority populations. The health fair Kabul alone. The women and girls that kept will help communities work towards a more ef- learning through illegal home schools must be fective and just health care situation for all citi- HON. BART GORDON commended for their courage and bravery. OF TENNESSEE zens. Access to quality health care is a right, IN THE HOUSE OF REPRESENTATIVES This is a time of hope for women and girls not a privilege, and I’m proud to support the in Afghanistan. Education is important to the project’s efforts. Tuesday, April 9, 2002 life of all nations. March 23 marked a new be- Under the leadership of the Community De- Mr. GORDON. Mr. Speaker, today I rise to ginning for Afghan women and girls, and a velopment Center for the Planning and Actual- recognize the Jackson County Lady Blue Dev- new beginning for the entire country. ization of Sustainable Programs and Projects, ils, who recently won an unprecedented third Inc.’s (PASP, Inc.) President, Reverend Jose straight Class AA girls basketball state cham- f C. Lopez, the First Annual Health Fair will be- pionship. come a reality, demonstrating a commitment Such a feat deserves much respect. The IN HONOR OF THE GARFIELD to public health. This event was made pos- team of highly motivated players went 33–4 HEIGHTS JUNIOR WOMEN’S sible through the sponsorship of the New Jer- this season, capping a championship season LEAGUE sey Department of Health & Senior Services, with a resounding 47–28 win over a tough Office of Minority and Multicultural Health, and Giles County team. This season also marked HON. DENNIS J. KUCINICH the Community Development Center—PASP, the most successful in the program’s history. Inc. Despite having won back-to-back champion- OF OHIO Today, I ask my colleagues to join me in ships in the previous two years, the Lady Blue IN THE HOUSE OF REPRESENTATIVES honoring the First Latin Health Ministries De- Devils were not expected to finish No. 1. But the team’s determination and hard work Tuesday, April 9, 2002 velopment Project Health Fair, working towards effective and quality health care for all. proved to be a winning combination that no opponent could overcome in the state tour- Mr. KUCINICH. Mr. Speaker, I rise today to f recognize the 50th anniversary of the Garfield nament. Heights Junior Women’s League. The league HONORING DAIRY INDUSTRY OF Residents of Jackson County, Tennessee, can be proud of the accomplishments of the deserves the highest praise for its years of CALIFORNIA Lady Blue Devils, who became the first Class service to the citizens of Garfield Heights. HON. GEORGE RADANOVICH AA team to win three straight titles. I com- In 1952, thirteen women met to discuss the mend the team and its coach, Jim Brown, for OF CALIFORNIA formation of an organization that would be an outstanding season and a remarkable dedicated to community involvement. The re- IN THE HOUSE OF REPRESENTATIVES achievement. sult was the Garfield Heights Junior Women’s Tuesday, April 9, 2002 The following are the members of the 2001– League which grew dramatically over the Mr. RADANOVICH. Mr. Speaker, I rise 2002 state champion Lady Blue Devils: An- years. In the past five decades, long lasting today to honor the Dairy Industry of California drea Davidson, Emily Lane, Deanna Apple, friendships were created and civic engage- on the occasion of being honored for their Alyssa Bowman, Jennifer Harris, Ashley Hop- ment has been greatly enhanced as hundreds support of the Diabetic Youth Foundation. An kins, Megan Pepper, Courtney Childress, of women became involved in GHJWL event to honor the dairy industry will be spon- Sheena Hager, Marissa Hensley, Amanda projects. Founder Evelyn Hubert and several sored by Rob and Jeannie Hilarides of the Si- Naff, Kayla Olson, Candace Stafford, Allison of the original charter members are still active erra Cattle Company to benefit the Diabetic Richardson, managers Lucy Anderson, Dot participants. Youth Foundation. Chambers, Stephenee Clayton, Andrea McMil- The Garfield Heights Junior Women’s Rob and Jeannie Hilarides have been lan, Miles Stewart and trainer Shawn Moffitt. League remains an invaluable resource today, touched by the cause on a personal level. Kelly Coe and Barbara Brown also serve as assisting with countless civic activities. The Their daughter, Hannah, has Type I diabetes. the team’s assistant coaches. League raised thousands of dollars to assist Their pain and suffering has led them into tak- f such projects as the G.H. Fire Department ing an active role to battle the disease, not HONORING MONSIGNOR OSCAR A. and the Boys and Girls Baseball League. It only for their daughter, but for other children ROMERO also awarded over $30,000 in scholarships to as well. The Hilarides have given support fi- local high school graduates and provides nancially and have also brought the cause to HON. LUCILLE ROYBAL-ALLARD monthly checks to needy families in Garfield the attention of the dairy people. Through OF CALIFORNIA Heights. In 2001, the league was recognized them, the industry has become very involved IN THE HOUSE OF REPRESENTATIVES for its admirable work when it was selected as in support of the Diabetic Youth Foundation. ‘‘Organization of the Year’’ by the Garfield Recently, a study has found that the Cali- Tuesday, April 9, 2002 Heights Chamber of Commerce. fornia Dairy Industry contributes 122,300 jobs Ms. ROYBAL-ALLARD. Mr. Speaker, I rise My fellow Colleagues, I respectfully submit and $17.5 billion to the State’s economy. The to honor Monsignor Oscar A. Romero, El Sal- this tribute to the Garfield Heights Junior industry has been very instrumental in creating vador’s patron of peace, justice and liberation, Women’s League. For the past fifty years the opportunities for jobs within the state. The on the 22nd Anniversary of his assassination. League has lived up to its motto, ‘‘The only same study found that for every two jobs on Monsignor Romero, Archbishop of El Sal- happiness you keep is the happiness you give a California dairy farm, three more jobs are vador, dedicated his life to the social and eco- away.’’ created off the farm through the purchase of nomic liberation of the poor. It is an honor for

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.046 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E455 me to pay my respects to the legacy of such Sadly on March 24, 1980, Monsignor Ro- for her work in human rights, she pointed a powerful community organizer and advocate. mero was killed by a bullet aimed to his heart, out. Toledo has a rich history of strong Monsignor Oscar Arnulfo Romero was born as he was giving mass in the chapel of the women. ‘‘Toledo was a hotbed of the women’s suf- on August 15, 1917 in San Miguel, a small Carmelitas Nuns hospital in San Salvador. A neighborhood in the city of Barrios, El Sal- frage movement,’’ Ms. Floyd said. ‘‘A lot of single bullet transformed him into a martyr. His those women are perhaps lost to history be- vador. After three years of public schooling life was taken, but his voice could not be si- cause their contributions have been forgot- and about four more years of private tutoring, lenced. Monsignor Romero was and continues ten.’’ Monsignor Romero was apprenticed to a town to be a beacon of hope in a country ravaged Today, ‘‘one of the areas that is striking is carpenter. Soon after his apprenticeship by poverty, injustice, and sorrow. our prominence in the political field,’’ she began, his strong faith and love for the Catho- Today, I join the Los Angeles City Council, said, citing U.S. Rep. Marcy Kaptur, State lic Church led him to forsake his training as a the Los Angeles County Board of Supervisors, Sen. Linda Furney, Lucas County Commis- carpenter to attend the seminary in the city of sion President Sandy Isenberg, and State the California State Assembly, Clinica Mon- Reps. Teresa Fedor, Jeanine Perry, and Edna San Miguel. He continued his theological stud- signor Oscar A. Romero, and the 22nd Anni- ies at the national seminary in San Salvador Brown. ‘‘That’s an amazing success for versary Commemoration Committee, in paying women in this area.’’ and completed them at the Gregorian Univer- homage to Monsignor Oscar A. Romero and Many of the area’s prominent women have sity in Rome. On April 4, 1942, Monsignor Ro- to celebrate his life and legacy. been profiled in a series of books written by mero was ordained as a priest to his home f the women’s history committee of the country and began his journey as a crusader Women Alive! Coalition. Volume I of In for the people of El Salvador. HONORING THE CONTRIBUTIONS Search of Our Past: Women of Northwest A brilliant career in the Church soon fol- OF WOMEN FROM NORTHWEST Ohio was published in 1987; Volume VIII is in lowed, as Monsignor Romero became rector OHIO the works. of the interdiocesan seminary of San Sal- ‘‘We are a treasure trove of women’s his- vador, then general secretary of the Bishops’ tory. We don’t ever see these volumes end- Conference and executive secretary of the HON. MARCY KAPTUR ing,’’ said Susan Coburn, editor. She is the Episcopal Council for Central America and OF OHIO manager of the humanities department at IN THE HOUSE OF REPRESENTATIVES the Main Library, and predicts that in the Panama. He continued to move up within the future women’s names will be seen increas- Church hierarchy, and on February 22, 1977, Tuesday, April 9, 2002 ingly on government, professional, and tech- he was appointed archbishop of San Salvador. Ms. KAPTUR. Mr. Speaker, I would like to nical buildings. Monsignor Romero took over the arch- Here are just some of the places in the area commend the following article to my Col- diocese of El Salvador at a time of social con- named for women, with information on what flict. A brutal civil war was taking the lives of leagues. Women from Northwest Ohio have inspired the honors: been trailblazers in the fields of education, 3,000 people a month. Monsignor Romero be- MILDRED BAYER CLINIC FOR THE HOMELESS, 2101 came personally acquainted with the blood- health, business and politics. Toledo has a JEFFERSON AVE. shed when two of his priests were murdered, rich history of strong women and I commend Mildred Bayer (1908–1990) ‘‘was always He immediately demanded an inquiry into the their achievements. helping somebody,’’ a classmate from the St. events that had led up to the death of the WHAT’SINANAME? AN HONOR FOR WOMEN OF Vincent School of Nursing recalled in Vol- priests and set up a permanent commission ACHIEVEMENT ume III of In Search Of Our Past: Women of Northwest Ohio. From Mrs. Bayer’s concern for the defense of human rights. LOCAL PLACES NAMED FOR THOSE WHO MADE A for others came medical clinics for migrant Monsignor Romero became an outspoken DIFFERENCE workers in Lucas County, Mobile Meals of critic of the ruthless oligarchic state and a de- (By Ann Weber) Toledo, and mobile medical clinics in Nige- fender of liberty and justice for the lower class ‘‘You can use my name as long as you do ria. The Toledo clinic provides dental, vi- of El Salvador. Sunday after Sunday hundreds a great job,’’ longtime local volunteer Eliza- sion, and primary health care to the home- of people flocked to his masses to listen to his beth Zepf is said to have told admirers years less. message. As the archbishop of San Salvador, ago when they asked if they could name a CATHARINE EBERLY CENTER FOR WOMEN, he also sought to inform the world about all community mental health center for her. UNIVERSITY OF TOLEDO Members of the Lucas County mental the people who had been tortured, slaugh- The center was founded in 1978 and in 1980 tered, and of those who had ‘‘disappeared’’ in health board and the board of the newly established center agreed to the deal, and ap- was named in honor of Catharine Eberly El Salvador. As the civil war intensified and parently have lived up to it. Since 1974, the (1922–1979), who served on the UT board of Monsignor Romero became a popular figure Elizabeth A. Zepf Community Mental Health trustees from 1974 until her death in an auto- for the poor, he also became a target of at- Center, 6605 West Central Ave., has been mobile accident. Its services include career tacks by the ruling class. However, his com- serving the severe and persistently mentally counseling, support groups, and leadership mitment to a peaceful resolution to the two- ill. training for students and community women. decade-old war was unfaltering and the world Mrs. Zepf, who is in her 90s and living in took notice. In 1979, Monsignor Romero was Toledo, was prominent at the local, state, JOSEPHINE FASSETT MIDDLE SCHOOL, 3025 STARR AVE., OREGON nominated for the Nobel Peace Prize for his and national level of the March of Dimes, a outspoken defense of human rights. member of the mental health board, and ac- Every St. Patrick’s Day, staffers at Monsignor Oscar A. Romero demonstrated tive in more than a dozen other organiza- Fassett Middle School in Oregon put a green tions. The Zepf Center is one of numerous balloon on the office portrait of Josephine extraordinary courage and an unyielding deter- places in northwest Ohio that are named for Fassett, born March 17, 1884. The school’s mination to do what is right, true, and just. He women. namesake was appointed supervisor of demanded peace, a peace that could only be At least one person believes there should schools in Oregon and Jerusalem townships found in human rights and assurances of be many more such places. in 1914 and later, when the districts were basic dignities. In the face of injustice, Romero ‘‘Maybe they’re not as obvious as men, but consolidated, was superintendent of Oregon took it upon himself to use the Church as a there are a lot of women who have made schools until she retired in 1954. Miss Fassett light of hope and to challenge the oppression major contributions to the community and died in 1975. The school has just over 500 stu- of the Salvadoran military regime. have not been recognized,’’ said Ann Hurley, dents in sixth, seventh, and eighth grades. On Sunday, March 23, 1980, Monsignor Ro- chairwoman of the Women Alive! Coalition GILLHAM HALL, UNIVERSITY OF TOLEDO and a reference librarian in the local history The University of Toledo had a library col- mero directed his homily to the military from and genealogy department at the Main Li- lection of about 8,100 volumes when Mary the San Salvador cathedral where he pleaded brary. Gillham (then Mary Mewbom) joined the with them to stop the killing and to cease the But she noted that many of those women staff in 1921. When she retired in 1969, it had repression in the name of God. Sensing his haven’t worked in fields from which names grown to 600,000. Gillham Hall, now used for imminent death, Monsignor Romero said, usually have been plucked, such as high gov- classrooms and faculty offices, was the first ernment office. Most of the places that are I have been the target of frequent death free-standing library building at UT. De- threats. I must say as a Christian, that I do named locally after women are related to the signed by Mrs. Gillham herself, it opened in not believe in death without resurrection. If fields of education, social service, and August, 1953. they kill me, I will be reborn in the Salva- health—the ‘‘invisible career fields,’’ says doran people . . . hence I offer God my blood Barbara Floyd, University of Toledo archi- AURORA GONZALEZ COMMUNITY & FAMILY for the redemption and for the resurrection vist. RESOURCE CENTER, 1301 BROADWAY of El Salvador . . . let my blood be the seed Even an exception—Ella P. Stewart, the Aurora Gonzalez (1924–1991) was the first of freedom and the sign of hope that soon first African-American woman pharmacist— Hispanic woman elected to the Ohio Hall of will be a reality. was hailed not for her business acumen but Fame. The neighborhood outreach center

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.051 pfrm04 PsN: E09PT1 E456 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 named for the activist hosted two presidents WHITNEY ADULT EDUCATION CENTER, 1602 the second-place award as an outstanding bi- last year: George Bush and Mexico’s Vicente WASHINGTON ST. lingual weekly newspaper from the National Fox. It provides a food pantry, clothing lock- Dedicated in 1941 as the Harriet Whitney Association of Hispanic Publications. The er, youth athletic and job-readiness pro- Vocational High School for Girls, the build- grams, and family counseling. newspaper received the award at the Associa- ing is named for Harriet Whitney (1814–1903), tion’s 20th annual convention in Dallas. A nearby stretch of South Avenue between Toledo’s first woman school teacher. The Broadway and the Anthony Wayne Trail hon- building was closed as a high school in 1991 Larger newspapers have recognized the ors Aurora’s sister, Ruth Gonzalez Garcia. and now houses Toledo Public Schools’ Adult weekly newspaper for its dedication and ability ELEANOR M. KAHLE SENIOR CENTER, 1315 Education Center and the Center For to cover many aspects of the community. Vida HILLCREST AVE. Change. en el Valle, published by the Fresno Bee, is a Eleanor M. Konieczka Kahle (1916–1995) was Based there is the Adult Basic Literacy free newspaper distributed to Fresno, Tulare, an advocate for seniors who was elected to Program/GED and one of 22 local class sites, and Madera counties. The newspaper began Toledo City Council in 1987, 1989, 1991, and plus other services for adults such as voca- publication in 1990, and in 10 years of com- 1993. Until 1993 she was director of the West tional programs. There’s also a night school petition has received 28 first-place awards and for youths in day classes who need to make Toledo Senior Citizen Center, which was 49 second-place awards. The recognition the named for her after her death. The center of- up credits and a program for at-risk students. paper has received shows the amount of refers a variety of programs and activities— spect the paper has gained for itself in only a from computer classes to line dancing, bingo f to flu shots. short time. THE HISPANIC BUSINESS ASSOCIA- Among the many awards the newspaper re- JOSINA LOTT RESIDENTIAL & COMMUNITY ceived, the editor, Juan Esparza Loera, was SERVICES, 120 S. HOLLAND-SYLVANIA RD. TION: HISPANIC CHAMBER OF COMMERCE FOR OHIO also recognized. He received first place for Lott Industries, Inc. best entertainment column for a piece he Hers is a familiar name to area residents, wrote about the ALMA Awards, which honors since two organizations have honored Josina HON. DENNIS J. KUCINICH outstanding Latinos in the television and Jones Lott (1898–1973), an educator and advo- OF OHIO movie industry. cate for children with mental and physical IN THE HOUSE OF REPRESENTATIVES disabilities. Mr. Speaker, I rise today to congratulate Lott Industries, chartered in 1955, serves Tuesday, April 9, 2002 Vida en el Valle for receiving second-place as Lucas County residents with mental retarda- Mr. KUCINICH. Mr. Speaker, I rise today to an outstanding bilingual weekly newspaper. I tion and other developmental disabilities recognize the 20th Anniversary of the Hispanic invite my colleagues to join me in thanking through sheltered workshops and a voca- Vida en el Valle for its dedication to the com- tional training center. Business Association: Hispanic Chamber of Josina Lott Residential & Community Commerce for Ohio. The association has dis- munity and wishing the paper continued suc- Services, a separate entity, also serves played tireless commitment and dedication to cess. adults with mental retardation and other de- the Hispanic business community. f velopmental disabilities. It includes group The association grew out of a task force of homes and life-skills training programs for Hispanic business owners in 1981 and was in- IN HONOR OF THE ANNUAL BA- people living independently. corporated as a non-profit organization in YONNE HOLOCAUST REMEM- BRANCE DAY OBSERVANCE CORDELIA MARTIN HEALTH CENTER, 905 1983. The motivation to create the association NEBRASKA AVE. came from a core of Hispanic business own- Cordelia Martin (1915–1999) was devoted to ers who were alarmed over the low participa- HON. ROBERT MENENDEZ providing health care to Toledo’s poor. The tion in the private and public sector. Func- OF NEW JERSEY center is one of 10 sites (including the Mil- tioning through its 15-member voluntary board IN THE HOUSE OF REPRESENTATIVES dred Bayer Clinic for the Homeless) adminis- and network of supporters, the association has tered by the Neighborhood Health Associa- Tuesday, April 9, 2002 tion. Primarily serving low to moderate in- successfully worked to advocate the economic development and expansion of Hispanic busi- Mr. MENENDEZ. Mr. Speaker, I rise today come, uninsured and underinsured people, to honor the Annual Bayonne Holocaust Re- the center includes doctors’ offices, dental nesses. care, a lab, pharmacy, the federal WIC pro- By advocating consistently for the needs of membrance Day Observance. Co-sponsored gram, and social service education and refer- the Hispanic business community and assist- by the Inter-Faith Clergy and the Bayonne rals. ing other organizations with much needed Jewish Community Council, the event will take ANNA C. MOTT BRANCH, TOLEDO-LUCAS COUNTY services, the Hispanic Business Association: place on April 10, 2002, at the City Hall Coun- PUBLIC LIBRARY, 1085 DORR ST. Hispanic Chamber of Commerce for Ohio, has cil Chambers. Anna C. Mott (1835–1902) was a founder of served as an invaluable resource. It has spon- On Tuesday, April 09, 2002, Jews around the Toledo Woman Suffrage Association in sored and co-sponsored various events, fea- the world commemorated Holocaust Memorial 1869 and in 1884 was one of the founding offi- turing many distinguished speakers, such as Day, or Yom Hashoah. The colossal crimes cers of the Toledo Humane Society. The the Mayor of the City of Cleveland, the Na- against humanity and the unimaginable hor- Mott Library opened in 1918. Originally 6,000 tional Director of Minority Business Develop- rors that cost the lives of 6 million Jews and square feet, it now is almost 14,000 square so many others, perpetrated by the world’s feet. Circulation has increased 45 percent ment Agency, and the State Director of Equal Opportunity. In addition the association annu- most evil forces, shall never be forgotten, as over the past five years. we commit ourselves to fight bigotry, condemn SOFIA QUINTERO HISPANIC ART & CULTURAL ally sponsors the ‘‘Entrepreneur of the Year’’ Awards Banquet, recognizing Hispanic entre- hatred, and foster understanding among peo- CENTER, 1225 BROADWAY ple. Sofia Quintero (1948–1994), active in politics preneurs who, despite the odds, have succeeded in business and participated in com- Bayonne’s annual observance will feature and public affairs, was the first Hispanic speaker Jay Sommer, 1981 National Teacher president of the Toledo board of education. munity development. The mission of the nonprofit organization is My fellow colleagues, the Hispanic Business of the Year, and a Holocaust survivor. public education about Latino heritage Association: Hispanic Chamber of Commerce Jay Sommer, who managed to escape from through the arts and events such as the Day for Ohio deserves the highest praise for its a Nazi labor camp in occupied Czecho- of the Dead celebration, when Latinos re- dedication to advancing the needs of the His- slovakia, and arrived in the United States after member loved ones who have passed away. panic Business Community. I commend this more than two years in a displaced persons ELLA P. STEWART SCHOOL, TOLEDO PUBLIC long standing organization. camp in Italy, has successfully established SCHOOLS, 707 AVONDALE AVE. himself as a successful and well-respected ed- f The school was named in 1961 for Ella Nora ucator in our nation. In 1981, he was ap- Phillips Stewart (1891–1987), civil rights cru- HONORING VIDA EN EL VALLE pointed to the National Commission on Excel- sader and Toledo’s first African-American lence in Education established by President woman pharmacist. She and her husband, HON. GEORGE RADANOVICH Reagan, and traveled throughout the United William, were the first African-Americans to States with the Commission, serving as an of- own and operate a drugstore in Toledo. The OF CALIFORNIA school has 340 students in first through sixth IN THE HOUSE OF REPRESENTATIVES ficial spokesperson for the U.S. Department of Education. He is a specialist in foreign lan- grades, and a museum honoring Mrs. Stewart Tuesday, April 9, 2002 with items such as dolls from her collection, guage instruction, and has taught Spanish, medicine bottles from her pharmacy, and a Mr. RADANOVICH. Mr. Speaker, I rise Russian, Hebrew, and French for over twenty shirt signed by President John F. Kennedy. today to honor Vida en el Valle for receiving years at New Rochelle High School.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.054 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E457 Mr. Sommer graduated from Brooklyn Col- most likely to effect their safety and happi- tion grounds, Patti, Tam Taran, and lege, and, in 1982, received a Distinguished ness.’’ That certainly applies to the Sikh Na- Durgiana Mandir. Subsequently, Punjab Alumnus Award in recognition of his leader- tion today, as well as Kashmir, primarily Chris- Human Rights Organization (PHRO) chairman Justice Ajit Singh Bains said that ship in the field of education. He earned a tian Nagaland, and the other nations living about 50,000 Sikhs were secretly cremated in Masters in Spanish language and literature under Indian occupation. It is time for them to this manner. Even Akal Takht Jathedar from Hunter College in 1960, a second Mas- claim their own. Sahib Gurdev Singh Kaunke was murdered ters in Russian language and literature from America should support these nations’ right by SSP Swaran Singh Ghotna and then his Fordham University in 1965, and completed to self-determination by stopping aid to India body was disposed of. his course work for a Ph.D. in comparative lit- and by supporting a free and fair vote on inde- The Badal government was forced to con- erature at New York University. pendence. Then the people of South Asia can duct an inquiry into the killing of Jathedar Chairing this event for the fourth time is finally live in freedom and enjoy stability, pros- Kaunke. It was done by three Punjab police officials under the leadership of DIG Tiwari. Alan J. Apfelbaum, who has been an active perity, and peace. That is something we He submitted a report to the Badal govern- and dedicated member of the Holocaust Re- should all work for. ment, which has not been made public as of membrance Day Committee since its incep- Dr. Gurmit Singh Aulakh, President of the today. How could a democratically elected tion. Council of Khalistan, put out an excellent and Akali government hide the murder of the I ask my colleagues to join me in honoring informative statement for Vaisakhi Day. It real- Akal Takht Jathedar by not releasing this the Annual Bayonne Holocaust Remembrance ly lays out the issues well. With the consent of report, which was conducted by its own Day Observance, and honor those that lost the House, I would like to insert it into the order? The Badal government was the most cor- their lives, especially during these most dif- RECORD at this time. rupt one in Punjab’s history. They invented ficult times for the State of Israel and Jews [From the Council of Khalistan, March 25, a new term for bribery: ‘‘fee for service.’’ If across Europe subjected to a new wave of 2002] you didn’t pay the fee, you didn’t get the Anti-Semitic violence. VAISAKHI MESSAGE TO THE SIKH NATION service. There was a fixed amount of money f (By Dr. Gurmit Singh Aulakh) for government jobs. Bags of money were received by Mrs. Badal in return for these jobs. HAPPY VAISAKHI DAY TO THE This is a time of celebration of our 303rd The Punjab economy deteriorated under SIKH NATION anniversary of the Khalsa Panth. It is also Badal and the Punjab government its largest time to look back at our history. The Guru debt ever. It is bankrupt now. Badal made gave sovereignty to the Khalsa Panth. (‘‘In three promises to get elected. He promised to HON. EDOLPHUS TOWNS grieb Sikhin ko deon Patshahi.’’) Banda free the political prisoners, to punish the po- OF NEW YORK Singh Bahadur established the first Khalsa lice officers who carried out atrocities IN THE HOUSE OF REPRESENTATIVES rule in Punjab from 1710 to 1716. Then there against the Sikh Nation, and to appoint a was a period of persecution of the Sikhs. Tuesday, April 9, 2002 commission to investigate atrocities. He did Again Sikhs established a sovereign, inde- not keep any of them. Mr. TOWNS. Mr. Speaker, on April 13, the pendent rule from 1765 to 1849, when the Brit- The Sikh leadership is completely under Sikhs will be celebrating Vaisakhi Day, their ish annexed the Sikh homeland, Punjab, into Indian government control, whether it is the British India. Akali leadership of Badal, Tohra, Mann, and most important holiday. I want to salute the To regain freedom from the British, Sikhs Sikh Nation for its contributions to America others or the Congress leadership of Punjab were on the front line of the fight. The Sikh under Captain Amarinder Singh or former and wish all the Sikh people a happy Vaisakhi Nation gave about 80 percent of the sac- Chief Minister Mrs. Bhatthal. Changing par- Day. rifices during this freedom struggle when ties and faces every election will not solve Vaisakhi Day is the day when the Sikhs they formed only 1.5 percent of the Indian the problems of the Sikh Nation. Congress is were formed by their guru into the Khalsa population. At the time of the independence no better than the Akalis and the Akalis Panth. It is the anniversary of the founding of of India, Sikhs were equal signatories to the proved to be the worst enemies of the Sikh their order, and the Sikh Nation has been a transfer of power from the British. Muslim Nation. How could an Akali government leader Mohammed Ali Jinnah was very wise keep 52,268 Sikhs in jail without charge or very important contributor to every country in and well educated and he did not trust the which Sikhs live. A Sikh named Dalip Singh trial for the last 16 years? It is shameful and majority Hindu leadership. He got an inde- a black mark on the present Akali leader- Saund served in Congress in the late 1950s pendent Pakistan for the Muslims. The Sikh ship. They have cashed in on the sacrifices and early 1960s. Dr. Amarjit Singh Bhullar of leadership should have gotten an inde- and good will of the pre-independence Akali Connecticut is an elected school board mem- pendent country for the Sikhs at that time, leadership. ber. Sikhs have been very active and success- but they were fooled by the Hindu leadership Khalsa Ji, the only solution to this quag- ful in this country in virtually every walk of life. of Nehru and Gandhi so Sikhs took their mire is the formation of a Khalsa Raj Party They have also made important contributions share and joined India on the promise that under new, honest, dedicated, and committed they would have the glow of freedom in the leadership. The time is now to do it. Let’s to India, including giving about 80 percent of northwest part of India. the sacrifices for India’s independence. Yet not waste time and prolong the suffering and Khalsa Ji, we have seen this ‘‘glow of free- agony of the Sikh Nation under the present India persecutes them. Over 250,000 Sikhs dom’’ in the form of the attack on the Gold- corrupt Akali leadership which is controlled have been murdered by the Indian govern- en Temple in June 1984, when over 20,000 by the Indian government and is determined ment since 1984, according to the book The Sikhs were killed in Punjab in a single to wipe out the Sikh Nation and the Sikh re- Politics of Genocide. At least 50,000 were month. The next massacre of Sikhs occurred ligion. The only remedy is to sever our rela- picked up, tortured, murdered, and then de- after the assassination of Indira Gandhi in tionship with Delhi completely, once and for clared ‘‘unidentified’’ and their bodies were Delhi. There was a mass murder of Sikhs all, and declare the independence from India throughout India, including Delhi. The Sikhs cremated. The Movement Against State Re- and start a peaceful agitation to free the were pulled out of trains and burned alive. Sikh homeland, Punjab, Khalistan. pression reports that India admitted to holding Sikh truck drivers were pulled out of their The victory of the Congress Party was a 52,268 Sikh political prisoners. Tens of thou- trucks. Tires were put around their necks by massive rejection of the Akalis, who were sands of Christians, Muslims, and other mi- Hindu militants and they were burned to elected five years ago to reject the Congress norities are also being held. Our own State death. In Punjab, this genocide continued Party. However, the Congress Party remains Department reported in 1994 that the Indian under Beant Singh’s government. Sikhs were the enemy of the Sikh Nation. In the last government paid more than 41,000 cash arrested, tortured, and then cremated and two elections, the Sikh Nation has soundly their bodies were declared ‘‘unidentified.’’ rejected both parties. Neither supports the bounties to police officers for killing Sikhs. Since 1984, over 250,000 Sikhs have been These are just a few examples of the oppres- interests of the Sikh Nation; neither can be murdered. 52,268 are rotting in Indian jails trusted by the Sikh Nation. The time has sion of the Sikhs by the Indian government. I under TADA, which expired in 1995. Many of come to discard the present Akali leadership could give a very long list, but I do not wish them have been in illegal custody since Op- that has betrayed the Sikh Nation. to take up too much of the House’s time. eration Bluestar in 1984. Only last month, 42 We must press for action against the police April 13 also happens to be the birthday of Members of the U.S. Congress wrote to Presi- officials who carried out the police kidnap- Thomas Jefferson, who wrote the Declaration dent Bush to get these political prisoners re- ping and murder of human-rights activist of Independence. In that document he wrote leased. Jaswant Singh Khalra, who exposed Jaswant Singh Khalra. These would be good the government killing of Sikhs in fake en- that when a government becomes tyrannical, first steps for the Sikh leadership and for the counters, became a victim of the Indian po- new government in Punjab. But we must ‘‘it is the right of the people to alter or abolish lice himself. He was kidnapped outside his continue to pursue our ultimate goal of free- it and institute new government, laying its house and murdered in police custody. He ing the Sikh homeland, Punjab, Khalistan. foundation on such principles and organizing documented 6,018 Sikhs who were secretly The Sikh Nation is sovereign and it must its powers in such form as to them shall seem cremated by the government in three crema- have its sovereign, independent country.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.058 pfrm04 PsN: E09PT1 E458 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 Guru gave sovereignty to the Khalsa Panth. Mr. Speaker, I ask my colleagues to join me ers. Don believes that success will come by Remember ‘‘Raj Kare Ga Khalsa.’’ Sikhs can in commemorating the life of Mr. Astin Jacobo. creating a mission, rather than rules, driven never forgive or forget the desecration of the department in which the customer is the focus. Golden Temple. This is the history and tradi- f tion of the Sikh Nation. The time has come He has strongly promoted teamwork and col- HONORING THE REVEREND AND laboration while working for Stanislaus County. to form a Khalsa Raj Party to liberate MRS. JAMES (MARY) FUNCHESS Khalistan. The new Sikh leadership must Donald has been married to his wife, Shar- launch a Shantmai Morcha to liberate our on, for 39 years and they have four children homeland. The only way the Sikh Nation can HON. RONNIE SHOWS and eight grandchildren. Don has served his prosper is to free the Sikh homeland, Pun- OF MISSISSIPPI community, but has also led an active life with jab, Khalistan. The freedom of the Sikh Na- IN THE HOUSE OF REPRESENTATIVES his family. tion will bring prosperity, stability, and peace to Punjab and to South Asia. Tuesday, April 9, 2002 f f Mr. SHOWS. Mr. Speaker, I rise today to IN HONOR OF DR. DEBORAH honor the Reverend and Mrs. James (Mary) MANDELL AND BERNARD KERIK TRIBUTE TO MR. ASTIN JACOBO Funchess of Georgetown, Mississippi. HON. JOSE´ E. SERRANO On April 13th, friends and relatives and pa- HON. ROBERT MENENDEZ rishioners of the Greater Mount Olive Baptist OF NEW JERSEY OF NEW YORK Church of Jackson, Mississippi, will turn out to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES celebrate the 13th anniversary of Rev. Tuesday, April 9, 2002 Funchess’ being the Minister of that great Tuesday, April 9, 2002 Mr. SERRANO. Mr. Speaker, I rise today to church. Mr. MENENDEZ. Mr. Speaker, I rise today honor the life and accomplishments of Mr. The son of John and Alpha Funchess, to honor Dr. Deborah Mandell, the National Astin Jacobo, a dedicated and determined James Funchess has lived his whole life in Police Defense Foundation’s ‘‘Woman of the civic activist who recently passed away. Georgetown, Mississippi. He attended schools Year,’’ and Mr. Bernard Kerik, the National Po- Friends, family and community members gath- in Copiah County and theological seminaries lice Defense Foundation’s ‘‘Man of the Year.’’ ered to honor his memory on March 23, 2002. throughout the Great State of Mississippi, He Dr. Mandell and Mr. Kerik were honored on Mr. Jacobo spent the last thirty years of his accepted the ministry more than 25 years ago Thursday, April 4, 2002, at Russo’s on the life in service to his multi-cultural community. and today is the Dean of the Copiah County Bay in Queens, New York. Crotona residents already feel the great gap Ministerial Alliance. He has established him- Dr. Deborah Mandell is the Director of Na- Mr. Jacobo has left behind. As a native of the self as an esteemed community leader in tional Police Defense Foundation Psycho- Dominican Republic, Mr. Jacobo came to the Copiah County and Greater Jackson. logical Services. Following the tragic events of United States with defined goals and ample It is quite an accomplishment, offering min- September 11, Dr. Mandell headed the Na- determination. He saw where his community istry to so many people for 13 years as Min- tional Police Defense Foundation’s emergency was seriously in need of change and did not ister at Mount Olive Baptist Church. But the response team. This team provided grief coun- hesitate to roll up his sleeves and get in- kindness, the wisdom, and the leadership of seling and support to many survivors, family volved. His sense of civic duty was difficult to Reverend Funchess extend far beyond those members of victims, and rescue workers. In match and that is just one reason why his 13 years. His family and friends are gathering addition to her tireless work with the National passing is such a great loss to the South to celebrate the blessings that James and Police Defense Foundation, Dr. Mandell is Bronx. Mary Funchess have bestowed upon thou- also a psychologist in New Jersey and volun- One look around the Crotona neighborhood, sands of people whose paths have crossed teers her time to United Way. and you will see sufficient proof of Mr. theirs during their lifetime of ministry through- This year’s ‘‘Man of the Year’’ is former New Jacobo’s impact on this community. While out Mississippi. York City Police Commissioner Bernard Kerik. serving as president of the Crotona Commu- Indeed, his favorite saying is ‘‘I will let noth- A New Jersey native, Mr. Kerik has dedicated nity Coalition, he played critical roles in the ing mess up my day. This is the day the Lord his life to public service. His leadership and launching of the Mary Mitchell Youth & Family has made me.’’ These are words to live by, dedication proved invaluable following the Center and the Mapes Avenue ball field, to and give me great comfort. So I am happy to World Trade Center disaster. As New York name a few things, Residents can also be join the celebration honoring James and Mary City Police Commissioner, Mr. Kerik coordi- grateful to him for the part he played in im- Funchess, and to lend my voice in praising nated the rescue efforts and ensured the proving the Quarry Road Soccer Field and and thanking them for their good work. City’s safety. Prior to becoming the City’s 40th Belmont Park. Mr. Jacobo’s accomplishments f Police Commissioner, Mr. Kerik served as a helped the community feel more like commu- New York City police officer, an undercover nity and instilled a sense of pride in many resi- HONORING DONALD CRIPE detective, and a commissioner of corrections. dents. Throughout his career in public service, Today, I ask my colleagues to join me in Mr. Jacobo was served on the Bronx Commu- HON. GEORGE RADANOVICH honoring Dr. Deborah Mandell and Mr. Ber- nity Planning Board #6, and was involved with OF CALIFORNIA nard Kerik for their dedicated service on be- Save-A-Nation, Inter-Neighborhood Housing IN THE HOUSE OF REPRESENTATIVES half of our nation and the citizens of New York Corporation, the Mary Mitchell Youth & Family Tuesday, April 9, 2002 and New Jersey throughout these challenging Center, the Northwest Bronx Community and times. Clergy Coalition, and various local sports Mr. RADANOVICH. Mr. Speaker, I rise f teams. He has been honored by many of today to honor Donald Cripe on the occasion these organizations and others for his of his retirement as Stanislaus County Agricul- IN TRIBUTE TO PRIVATE FIRST achievements. tural Commissioner/Sealer of Weights & CLASS MATTHEW A. COMMONS Mr. Speaker, beyond Mr. Jacobo’s cease- Measures. A dinner will be held in his honor less civic work, he managed to be a loving for his contribution to the community. HON. BOB CLEMENT and involved husband, father of four, and Donald Cripe attended Grace College in Wi- OF TENNESSEE grandfather of three. To be well-known as not nona Lake, Indiana, then traveled to California IN THE HOUSE OF REPRESENTATIVES only a giving and determined individual, but to attend CSU Chico, and received his A.A. Tuesday, April 9, 2002 also as a devoted family man, is a remarkable Degree from Modesto Junior College in 1976. honor. I am sure that his family is very proud He started his career with Stanislaus County Mr. CLEMENT. Mr. Speaker, I rise today to of the wonderful life he led. as an Inspector from 1969–1976, then be- pay a special tribute to Private First Class The civic organizations to which he became Agricultural Commissioner for Madera Matthew A. Commons, an American hero. longed throughout his 75 years, like the hon- and Mariposa Counties. He gained much ex- PFC Commons died on March 4, 2002 in ors and awards he has received, are almost perience while working in these areas, and he Afghanistan while trying to rescue another beyond counting. Mr. Jacobo was a wonderful brought what he teamed home with him to American soldier. He was one of eight service- individual who showed us the beauty and Stanislaus County. His main duties included men killed that day during an intensive battle power of dedication, leadership, and wisdom. pest management, fruit and vegetable quality with the Taliban and al Qaeda. PFC Matthew He was truly an inspiration to all who knew control, crop statistics, petroleum program, A. Commons was a professional soldier, a him. and standards certification, among many othman who had earned the respect of his fellow

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.061 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E459 soldiers, and he is remembered fondly by all TRIBUTE TO THE UNIVERSITY OF TRIBUTE TO PETER COGAN who had the privilege of knowing him. MARYLAND MEN’S BASKETBALL TEAM Matthew Commons was born in Fort HON. JOSEPH M. HOEFFEL Wayne, Indiana, raised in Indianapolis and OF PENNSYLVANIA also lived in Boulder City, Nevada and Alexan- HON. WM. LACY CLAY IN THE HOUSE OF REPRESENTATIVES dria, Virginia. In high school, Matthew was an Tuesday, April 9, 2002 OF MISSOURI accomplished honor student and class officer. Mr. HOEFFEL. Mr. Speaker, I rise today to He then spent a year at the University of Ne- IN THE HOUSE OF REPRESENTATIVES congratulate Peter Cogan of Amber, Pennsyl- vada at Reno, but decided in July 2000 to be- Tuesday, April 9, 2002 vania. For twenty-five years Peter has served come an Army Ranger because he wanted to as the executive director of the Children’s Aid serve his country. He had planned to finish Mr. CLAY. Mr. Speaker, it is with much Society (CAS) in Southeastern Pennsylvania. college after his four-year tour and become a pride and satisfaction that I rise today to offer He has done an outstanding job for his com- history teacher like his father. In December my warm congratulations to my alma mater, munity. CAS provides specialized, profes- 2001, he visited his father’s history classes at the University of Maryland, and its coach, sional, family-focused social services to Gary Williams and its men’s basketball team, Carl Sandburg Middle School in full battle fa- abused, neglected and delinquent children and for winning the 2002 NCAA Men’s Basketball tigues to discuss his life as a Ranger. Matthew youth within and outside of the context of their Tournament and being crowned national had also recently celebrated his 21st birthday families. champions. Peter received his bachelor’s degree from with his Army buddies, a celebration that in- The Terrapins basketball team, led by those Georgetown and his master’s degree in social cluded hats and banners sent by his mother heralded seniors, guard Juan Dixon, forward work from the University of Pennsylvania. In Patricia Marek, who had just moved to Alexan- Lonnie Baxter, and guard Byron Mouton, se- 1977, the board of directors of CAS selected dria, Virginia. cured the school’s first national basketball title Peter to become the executive director of their Matthew’s Army unit had been sent to Af- with a 64–52 victory over the Indiana Hoosiers organization. During his tenure, Peter brought ghanistan on a secret assignment in January. earlier this month. CAS from an agency that operated primarily in Though he frequently spoke by telephone with It was a magical tournament run for Mary- one county to a regional organization serving his father, he had not been allowed to disclose land’s leader and All-American, Juan Dixon, Southeastern Pennsylvania. Through his dili- his location. In speaking of his son, Greg re- who averaged 25.9 points per game through- gence and vision, Peter has started programs cently said, ‘‘I’m real proud of him. He loved out the tournament and was named the tour- that have maintained CAS as a reliable, high quality delivery system that protects children, his family, he loved his country and he loved nament’s Most Outstanding Player. empowers families, and achieves permanent the Rangers . . . He gave his life to save the Dixon, the Terrapins’ steadiest hand homes for children. life of another Ranger.’’ throughout the year, led Maryland to a record Peter and his wife Donna reside in Ambler Military service is not new to the Commons 32–4 season, with Terrapins winning 19 of and are the proud parents of three children. family. Both of Matthew’s grandfather’s served their last 20 games. I am pleased to recognize Peter Cogan for in World War II, where his grandfather Marek And now Maryland has the first NCAA bas- his many years of dedicated work. Our com- earned a Purple Heart. Additionally, Matthew’s ketball championship in school history. munity is fortunate to have someone of such father Greg served in the Marines in the Viet- The University of Maryland has a rich bas- distinction. nam War. ketball history and much to be proud of, even f before this national title. Its men’s basketball Besides his mother and father, Matthew ON THE 90TH ANNIVERSARY OF team has posted 20-win seasons 19 times. THE GIRL SCOUTS leaves his brother Aaron, his father’s second They have also been to the NCAA Tour- wife Linda Chapman, and two half-brothers, nament 19 times. Fourteen players have been Thomas and Patrick. Matthew, who was bur- named All-American. HON. TAMMY BALDWIN ied at Arlington cemetery, has been awarded OF WISCONSIN But for various reasons, the school had the Purple Heart and the Bronze Star with V never even reached a Final Four until this last IN THE HOUSE OF REPRESENTATIVES Device for Valor. season. And it had never won it all until last Tuesday, April 9, 2002 Mr. Speaker, I hold out the example of this month. Ms. BALDWIN. Mr. Speaker, I rise today to fine young man, a great American, who paid In their ninth straight appearance in the extend my congratulations on two momentous the ultimate price in defense of freedom and NCAA tournament, this year the Terrapins fi- occasions for an organization that has made a liberty. I know I speak for the entire Congress nally went the distance. Before this year how- difference in the lives of girls and women when I extend sympathies to the entire Com- ever, Coach Williams had been a victim of his around the nation. In the same year that the mons family and friends who are grieving dur- own great success. The pressure for him to local Black Hawk Council chapter of the Girl ing this difficult time. May they be comforted win was incredible. Scouts in Madison, Wisconsin celebrates 75 by the precious memories of their beloved son Getting into the tournament wasn’t good years of scouting, the Girl Scouts of the USA and brother. enough for Terps fans anymore. For Maryland, are celebrating 90 years of ‘‘helping girls grow strong.’’ As a veteran myself, I greatly appreciate the March had become maddening, and they Girl scouting began on March 12, 1912, unique challenges faced by the men and wanted a championship. And Gary Williams delivered. when Juliette Gordon Low assembled 18 girls women serving in our military today. It is the from Savannah, Georgia for a local Girl Scout For Williams, this is the culmination of so ultimate sacrifice when a soldier dies for his meeting. Low believed that all girls should be many dreams. When he returned to his alma country. We are able to enjoy the freedoms given the opportunity to develop physically, mater 13 years ago to take over a program we have today because of men like Matthew mentally and spiritually. Today, 3.7 million struggling under probation and with an image Commons and the hundreds of thousands of strong, the Girl Scouts continue to carry out problem, this goal seemed so far away. But he Americans who have given their lives in the their goal by encouraging girls to discover and worked at it every day and now he has develop their full potential. They focus on em- fight for American principles over the past 226 reached the pinnacle of college basketball. years. powerment of girls by engaging in cultural ex- For the joyous Terrapin fans, who danced changes, going on field trips, participating in Matthew Commons answered the call of his through the streets of Atlanta and College community service projects, and learning country, and his death will forever place his Park, this was Maryland’s time to be hailed as about non-traditional fields for women such as name on the roll of heroes who sacrificed their ‘‘No. 1’’. This was the year to ‘‘Fear the Tur- science and technology. own lives to protect the lives of others. His life tle.’’ The Girl Scouts emphasize that their mis- and unyielding commitment to duty and honor Once again, I congratulate Coach Williams, sion is to help all girls grow strong. They em- should remind us all that the liberties we enjoy the Terrapins basketball team and the entire phasize that Girl scouting is available to every do not come without a price. Let us always re- University of Maryland administration and stu- girl in every community, reaching beyond ra- member these costs, and always remember dent body for their school’s exceptional bas- cial, ethnic, socioeconomic and geographic Private First Class Matthew A. Commons. ketball season. boundaries. I experienced this first-hand when

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.066 pfrm04 PsN: E09PT1 E460 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 I was a girl scout in the Black Hawk Council 3. Officer and Director Removal: Reduces program, the most extensive educational pro- as a girl in Madison. I continue to support the the SEC’s burden in court for establishing gram in the country developed specifically to Girl Scouts as a member of ‘‘Troop Capitol unfitness to serve as an officer and director. In educate young people about the Constitution Hill.’’ addition, the bill provides that the Commission and the Bill of Rights. While the main focus of Girl Scouts is to in its own administrative proceeding may re- I am proud to announce that the class from help girls grow, there is something for every- move an officer and director (subject to judicial La Moure High School from the city of La one to learn from the Girl Scout Law, which review). Current law requires that the SEC Moure will represent the state of North Dakota states: must go to court to seek officer and director in this national event. These young scholars I will do my best to be honest and fair, removal. have worked diligently to reach the national friendly and helpful, considerate and caring, I intend to seek the bi-partisan support of finals and through their experience have courageous and strong, and responsible for my colleagues by offering each section of this gained a deep knowledge and understanding what I say and do, and to respect myself and legislation as separate amendments at the up- of the fundamental principles and values of others, respect authority, use resources wisely, make the world a better place . . . coming markup of H.R. 3673. I hope to have our constitutional democracy. the support of the White House and my Re- It is inspiring to see these young people ad- I wholeheartedly congratulate the Black publican colleagues to make real the enhance- vocate the fundamental ideals and principles Hawk Council of Madison for 75 years of em- ment of corporate accountability. of our government in the aftermath of the trag- powering girls, and the Girl Scouts of the USA f edy on September 11. These are ideas that for 90 years of community service, education, identify us as a people and bind us together and leadership. IN HONOR OF TERRI GRAHAM as a nation. It is important for our next genera- f tion to understand these values and principles INTRODUCTION OF H.R. 4083, THE HON. ROBERT MENENDEZ which we hold as standards in our endeavor CORPORATE RESPONSIBILITY OF NEW JERSEY to preserve and realize the promise of our ACT OF 2002 IN THE HOUSE OF REPRESENTATIVES constitutional democracy. The class from La Moure High School is Tuesday, April 9, 2002 HON. JOHN J. LaFALCE currently conducting research and preparing Mr. MENENDEZ. Mr. Speaker, I rise today for their upcoming participation in the national OF NEW YORK to honor Terri Graham for her outstanding competition in Washington, D.C. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES contributions as a Visual Arts Teacher at Ba- I would like to recognize these young scholars Tuesday, April 9, 2002 yonne High School. She was honored at the by name: Mr. LAFALCE. Mr. Speaker, today I introduce ‘‘Lifetime Presents Disney’s American Teacher Emily Anderson, Michael Anderson, Derek H.R. 4083, the Corporate Responsibility Act of Awards’’, on November 10, 2001, at CBS Tel- Ardnt, Lacey Boehm, Justine Dathe, John 2002. This bill gives legislative substance and evision City in Los Angeles. Doehler, Sandra Eastley, Cassie Exner, Chris- real teeth to meritorious portions of President The entire Bayonne Public School commu- tina Hanson, Tonya Jacobson, Naomi Janke, Bush’s 10-point plan unveiled several weeks nity is proud of Terri’s talent, commitment, and Donald Ketterling, Levi Ketterling, Travis ago regarding corporate disclosure and ac- creativity that have had a profound and lasting Ketterling, Michelle Koval, Kyle Kranda, Cody countability. This bill supplements the impor- impact on the students and community of Ba- Larson, Lucas Larson, Loren Podoll, Aaron tant and comprehensive reforms in H.R. 3818, yonne. Terri has provided a comfortable and Potts, Spencer Potts, Ambra Premo, Bethany the Comprehensive Investor Protection Act, safe learning environment in which her stu- Roscoe, Clara Sandness, Savannah that I introduced with Minority Leader GEP- dents thrive. Sandness, Heather Schmidt, Casey HARDT and many other Democratic colleagues Her students have achieved statewide rec- Shockman, Michael Ulmer and Kyle Westgard. in the wake of the Enron collapse. ognition in the past with the 2000 State of I would also like to recognize and thank This bill would make it clear that the CEO New Jersey Arts and Humanities Award (AH– their teacher, Mr. Brian Ham, for his critical and CFO are the gatekeepers of honest and HA), and the 2001 New Jersey State Depart- role in these students’ success and their inter- understandable disclosure. To the extent that ment of Education Best Practice Award, ‘‘An est in American government. I wish Lamoure corporate officers violate their duty to share- Interdisciplinary Puppet Show’’. By collabo- High School the best of luck in the national holders, this legislation empowers the SEC to rating with the school’s German teacher, Mrs. competition. take action. My bill includes: Varda Wendroff, and her German students, f 1. Disgorgement of Bonuses: Requires the Terri and her ceramics students created pup- SEC to adopt rules to require the pet performances of German folk tales. TAIWAN RELATIONS ACT disgorgement of bonuses and other incentive- Each year, her students are selected to par- based compensation obtained by an officer or ticipate in the Morris Museum ‘‘Fresh Perspec- HON. MICHAEL N. CASTLE director of an issuer who filed financial state- tives’’ show for outstanding high school stu- OF DELAWARE ments which were at the time they were filed dents in the state. Terri and her students have IN THE HOUSE OF REPRESENTATIVES misleading. participated in a variety of community projects, Tuesday, April 9, 2002 2. CEO and CFO Certification: The CEO such as the New Jersey Transit Hudson Ber- and CFO certify in each annual or quarterly gen Light Rail Tile Mural, and they worked Mr. CASTLE. Mr. Speaker, I want to take report filed that: such officer reviewed the sup- with the Bayonne Historical Society, ‘‘History this opportunity to recognize the 23rd anniver- port; the report does not contain any untrue of Bayonne Architecture’’, duplicating Ba- sary of the Taiwan Relations Act (TRA) of statement of material fact; the financial state- yonne’s historic buildings in clay. 1979 and to reiterate the United States’ strong ments fairly present the financial condition of Today, I ask my colleagues to join me in friendship with Taiwan. This important legisla- the company; and the company has evaluated honoring Terri Graham’s selfless work in edu- tion was signed into law by President Jimmy its internal controls and have disclosed to the cating our nation’s youth. She has provided Carter on April 10, 1979 and gives Congress auditors and the audit company (a) all signifi- and continues to provide an invaluable learn- a statutory role in defining United States for- cant deficiencies in such controls and (b) any ing experience to the students of Bayonne. eign policy toward Taiwan. We have the duty fraud that involves management or other em- f and the responsibility to see that peace, secu- ployees who have a significant role in the rity and stability prevail in the Western Pacific company’s internal controls, among other ‘‘WE THE PEOPLE’’ COMPETITION region. Despite tensions with the Peoples Re- things. In addition, corporate officers must in- public of China, Taiwan has prospered eco- dicate whether or not there were significant HON. EARL POMEROY nomically and politically. A member of the changes in internal controls subsequent to the OF NORTH DAKOTA World Trade Organization, Taiwan is one of day of the evaluation of internal controls and IN THE HOUSE OF REPRESENTATIVES the richest countries in Asia. Politically, Tai- whether any corrective actions have been wan is an evolving democracy, and at this mo- Tuesday, April 9, 2002 taken. ment every major public office on the island is Violation of the certification provisions may Mr. POMEROY. Mr. Speaker, on May 4–6, democratically elected. be enforced by the remedies granted to the 2002, more than 1,200 students from across On the 23rd anniversary of the TRA, we SEC under Securities Act of 1934, including the United States will visit Washington, D.C. to must affirm that the United States will continue criminal penalties for any willful violations of compete in the national finals of the We the to support Taiwan according to the wording such certifications. People . . . The Citizen and the Constitution and spirit of the Taiwan Relations Act, which

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.071 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E461 requires the United States to ‘‘make available fornia State University, Louis Caldera has Caldera’s unceasing commitment to edu- to Taiwan such defense articles and defense achieved more in 45 years than most people cation is reflected in his current position as services in such quantity as may be necessary do in a lifetime. What makes these achieve- Vice Chancellor of University Advancement at to enable Taiwan to maintain a sufficient self- ments so remarkable is the story behind them. the California State University. Caldera is an defense capability.’’ It is essential that the Louis Caldera was born in El Paso, Texas excellent role model and phenomenal leader. United States continues to move forward and to Mexican immigrant parents. At the age of His ability to understand the struggles and engage China, and it will be equally important four, his family moved to a housing project in needs of students from diverse backgrounds that the Bush Administration continues to East Los Angeles. As the son of working class sets him apart from others, and Louis’s own make a commitment to our ally in Taiwan. parents, Caldera encountered the struggles of struggle to overcome adversity is truly inspira- poverty at a young age, yet was instilled with f tional. Louis possesses a unique knowledge of a strong sense of patriotism, love of family, government affairs, the private sector, and the RECOGNITION OF THE HADASSAH and profound appreciation of the importance challenges that Hispanics in the U.S. face on GROUP of education. Louis had his first job at the age a daily basis. Caldera’s accomplishments of ten, when he worked as a parking lot speak highly of his character, intelligence, and HON. GEORGE R. NETHERCUTT, JR. sweeper at a local shopping center. For two dedication to the Hispanic community and our years, Louis and his parents woke up at 3 Nation. These qualities and countless others OF WASHINGTON a.m. three nights a week to clean the parking make Louis Caldera a truly remarkable man IN THE HOUSE OF REPRESENTATIVES lot in order to pay the rent for a small hair and an invaluable asset to our community. It Tuesday, April 9, 2002 salon they operated in the shopping center. is a privilege and an honor to recognize Louis During high school, Caldera worked 40 hours Caldera in the company of my fellow members Mr. NETHERCUTT. Mr. Speaker, I rise to a week at a fast food restaurant while taking of Congress. Thank you Mr. Speaker. I yield pay tribute to the organization Hadassah—the a full load of college preparatory courses. back the balance of my time. largest women’s and largest Jewish member- Louis was only enrolled in college prep class- ship organization in the United States. es after persisting and even having his par- Through its 300,000 members within the ents sign an approval. Advisors at his high f United States, this volunteer organization has school suggested that Louis pursue more IN HONOR OF SERGEANT ALEX demonstrated dedication to community service ‘practical’ vocational training courses. His hard SAAVEDRA and assistance. work and determination paid off. Louis was ac- The organization was founded in 1912 and, cepted to West Point upon graduation from since that time, has put forth exceptional effort high school. HON. ROBERT MENENDEZ to provide services to the community. In the After graduating from West Point in 1978, OF NEW JERSEY United States, Hadassah has taken action to Caldera served as an Army officer and quickly heighten the quality of American and Israeli rose to the rank of Captain. He then attended IN THE HOUSE OF REPRESENTATIVES life through its education and youth programs. Harvard University, where he received both a Tuesday, April 9, 2002 It has also promoted health awareness, and Law Degree and a Master’s in Business Ad- provided personal enrichment and growth for ministration. After a brief stint in the private Mr. MENENDEZ. Mr. Speaker, I rise today its members. Beyond the national role that Ha- sector as a corporate finance lawyer, Caldera to honor Sergeant Alex Saavedra for over 25 dassah plays, I would like to recognize the returned to the public service as a State Rep- years of dedicated service to the public. He service of the local chapter in Spokane, Wash- resentative in the California State Legislature, retired from the Bergen County Prosecutor’s ington. where he represented downtown Los Angeles. Office on March 1, 2001, and was recognized The Hadassah volunteers in my district have In 1997 he was appointed by President Clin- for his many contributions to New Jersey on collected donations for the Red Cross to help ton to serve as Managing Director and Chief April 3, 2002, at The Empire Club in Little with the charitable acts they provide; they as- Operating Officer of the Corporation for Na- Ferry, New Jersey. sist the Ronald McDonald House in providing tional and Community Service, which admin- Starting out as a patrolman for the Union temporary homes for families with a hospital- isters the AmeriCorps program. One year later City Police Department in 1974, Mr. Saavedra ized child; they have provided support for the Caldera was appointed by Clinton to serve as quickly climbed through the ranks; in 1977, he AIDS walks in Spokane and Seattle which cre- Secretary of the Army. served as President of the Policeman’s Be- ate awareness and reflect commitment to pro- At the young age of 45, Caldera has accom- nevolent Association (PBA) Local 67. In 1983, viding services to those living with HIV and plished more than many individuals do in a he worked as an investigator in the Bergen AIDS; and Hadassah also provides outreach lifetime. Throughout every phase of his career, County Prosecutor’s Office in the Grand Jury to local synagogues with support programs. he has achieved the unimaginable while never Section; in 1984, he was transferred to the Throughout the organization’s 90-year his- losing sight of his roots. Louis Caldera truly Sex Crime/Child Abuse Section; in 1988, he tory, Hadassah has played a strong role in understands both the unique challenges and became Senior Investigator; and in 1989, he community improvement and support projects. incredible opportunities confronting Hispanics was transferred to the Criminal Investigations In recognition of these outstanding achieve- in the United States on a daily basis. Caldera Section. From 1990 through 1992, Mr. ments, I ask my colleagues to join me in rec- is a true community servant and his dedication Saavedra served as Vice President of the ognizing the great contributions of this impor- to the Hispanic community and especially His- PBA Local 221, and, in 1991, returned to the tant organization. panic youth are highly commendable. Grand Jury Squad; in 1997, he was appointed As Secretary of the Army, Caldera was a f Sergeant, and, in 1998, was transferred to the ‘‘Soldier’s Soldier’’, visiting troops all over the Narcotics Task Force. In 2000, he began his TRIBUTE TO HONORABLE LOUIS globe and working day and night to provide last assignment in the Fugitive Squad of the CALDERA enlisted soldiers with the education and skills Bergen County Prosecutor’s Office. they need to succeed within the Army and beyond. Thanks to Caldera’s leadership, the Over the course of his law enforcement ca- HON. SILVESTRE REYES Army overcame a recruiting deficit, giving a re- reer, Alex Saavedra received the following no- OF TEXAS newed sense of honor and duty to military table distinctions: Silver Life Member Award, IN THE HOUSE OF REPRESENTATIVES service. Caldera created the Army University Exceptional Duty Medal, Certificate of Com- Access Online distance education program mendation, and Certificates of Appreciation Tuesday, April 9, 2002 that enables soldiers to earn college and grad- from the Kiwanis Club International, The Lions Mr. REYES. Mr. Speaker, I rise today to pay uate degrees while serving. In addition, he di- Club International, The Bergen County Police tribute to a true patriot and exemplary Amer- rected the expansion of the Junior ROTC pro- Academy, and The Bergen County Board of ican, the Honorable Louis Caldera. Few indi- gram to hundreds of high school campuses Chosen Freeholders. viduals define the realization of the ‘‘American nationwide and spearheaded Army sponsor- Today, I ask my colleagues to join me in Dream’’ more perfectly than Louis Caldera. As ship of ‘‘Operation Graduation,’’ a three-year honoring Alexander Saavedra for a career de- the former Secretary of the Army under the public service advertising campaign designed voted to the safety and well being of the citi- Clinton Administration and current Vice-Chan- to increase high school graduation rates zens of New Jersey. His selfless service will cellor for University Advancement for the Cali- among at-risk youth. never be forgotten.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.075 pfrm04 PsN: E09PT1 E462 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 BESTOWING ‘‘AMERICAN SPIRIT to President Bush in the wake of the tragedy; point for Yancey County at the Rescue Squad AWARDS’’ UPON WESTERN student Cody Splain and teacher Caroline Building and collected and organized two NORTH CAROLINIANS FOR THEIR Davis accepted the recognition on behalf of weeks worth of donated goods. RESPONSE TO THE SEPTEMBER the class. East Rutherford Middle School, Rutherford 11TH, 2001 ATTACK UPON AMER- Chuck Davis, Polk County; He initially County; The students at the school raised ICA helped in NYC with Red Cross kitchen, then $4,100 for relief efforts. Libby Sears and Judy helped set up a respite center at Ground Zero Gettys accepted the award on behalf of the HON. CHARLES H. TAYLOR at which recovery workers could recuperate. school. Tanner Companies Foundation, Rutherford OF NORTH CAROLINA f County; The company matched employee re- IN THE HOUSE OF REPRESENTATIVES lief contributions resulting in $160,000 in gifts; PAYING TRIBUTE TO THE Tuesday, April 9, 2002 David Owens accepted the award on behalf of RICKENBAUGH FAMILY Mr. TAYLOR. Mr. Speaker, I rise to honor the company. these residents of the Eleventh Congressional Columbia Carolina Corporation, McDowell HON. SCOTT McINNIS District of North Carolina, whose actions in re- County; Employees sold tee shirts, which lifted OF COLORADO sponse to the September 11, 2001 terrorist at- spirits and raised $2,400 for relief efforts; Gen- IN THE HOUSE OF REPRESENTATIVES eral Manager Jeff Tuckey and Human Re- tacks provided aid and relief to the victims, Tuesday, April 9, 2002 boosted morale and patriotism, and dem- sources Manager Steve Franklin accepted the onstrated the best of the American Spirit. Hun- award on behalf of their coworkers. Mr. MCINNIS. Mr. Speaker, it is with pro- dreds of their fellow citizens joined in honoring Pisgah Forest Rotary Club, Transylvania found sadness that I pay tribute today to an them at our annual Prayer and Patriotic Break- County; The club donated $600 from proceeds incredible family, whose lives were so trag- fast in Asheville on Saturday, March 16th, of their Blues Concert to the relief efforts in ically cut short, but whose spirit will remain NY, PA, and Washington, DC, and also con- 2002. It was with a great deal of pride that I with us for eternity. Kent Rickenbaugh, his tributed an additional $347 to the Transylvania bestowed upon each of them the American wife Caroline and his son Bart, were not only County Sheriff’s Department; Club members Spirit Award for 2002. successful in their business and philanthropic Terrell West and Harry Hafer accepted the Kermit Tolley, Jr.; Buncombe County; Bat- endeavors, but were also pillars of the Denver award on behalf of the club. tling liver failure, he helped load Hearts with community who garnered the undying admira- Lisa Waters and Ida Stafford, Clay County; Hands goods being shipped to NYC and in- tion and respect of so many through their un- Mountain Home Nursing Service spearheaded questioned integrity and unparalleled morality. spired many others by his determination to a fundraiser for the children of the victims of help others in need. Each of them will be sorely missed by the the 9–11 attacks on the World Trade Centers. multitudes of people whose lives they have Hendersonville High School Student Gov- They organized a ‘‘God Bless America’’ youth ernment, Henderson County; Brad Phillis and touched, and as we mourn their loss, I believe rally which raised $600. it is appropriate to remember each of them Lauren Rogers accepting on behalf of Hender- South Macon Elementary School 4th Grade, sonville High School and 16 Henderson Coun- and pay tribute to them for the extraordinary Macon County; Teacher Vickie Hubbs’ class contributions they have made to their city, ty Public Schools who raised money for vic- adopted the aircraft carrier USS Kitty Hawk tims; The Hendersonville High School Student their state and their country. and sent patriotic letters and pictures to the Kent began working at his father’s Cadillac Council raised $8,555 for relief efforts. servicemen and women stationed on the ship, Carolina First Mortgage; Henderson County; dealership shortly after graduating from Dart- which is involved in Operation Enduring Free- mouth College at the age of 22. He rotated Elizabeth Plaisance accepted the award on dom. Students Chelsea Powell and Mariah behalf of the business, which raised $37,500 through each division of the dealership before Cousineau accepted the award for the class. being named assistant to his father, Ralph, on the street corners of Hendersonville for the Tim Radford and Shane Curtis; Cherokee who founded the Denver Better Business Bu- Red Cross. County; Radford, of radio station WKRK in reau in 1951. Kent dedicated himself and his Manual Woodworkers and Weavers; Hen- Murphy, in conjunction with Curtis, of Circuit career to protecting commerce in downtown derson County; The company donated World, raised money for World Trade Center Denver. Even as other businesses and car $355,000 from sale of a special 9–11 throw victims, delivered the money personally to dealerships fled downtown for the roomier blanket which it designed, produced and mar- New York, and broadcast a live remote back suburbs, Kent vowed to remain in the same keted; Teresa Hutchinson and Molly Oates ac- to the citizens of Murphy. cepted the award on behalf of their coworkers. Lew Aabye, Polk County; Lou helped as a neighborhood where his father had started the Sandra Pitts; Henderson County; As the op- Red Cross volunteer in NYC kitchens; Accept- dealership. He truly believed in supporting the erator of a dry cleaning business, she showed ing for Lew Aabye is Elizabeth Daniel, Chapter socio-economic interests of downtown Denver, America’s gratitude to servicemen and vet- Chairperson of the American Red Cross. and argued that it was not good business to erans by dry cleaning thousands of military Muggs Corpening, Polk County; He served abandon downtown. While his business al- uniforms at no charge. as a volunteer delivering meals in NYC after ways remained downtown, Kent’s love of the Mike West; Buncombe County; This Hearts the 9–11 attacks. outdoors and of the West often allowed him to With Hands Field Services Director was instru- Clyde Volunteer Fire Department, Haywood escape to his other life, as a rancher on his mental in collecting, packing and delivering County; The department served as a collection 1,100 acre ranch outside Gunnison. He truly supplies to New York and remained on station site for relief goods donated to Hearts With loved everything about our great state—both as a member of the Operation Heavy Heart Hands and helped raise over $12,000 for that the beauty and the commerce—and his pas- team. organization as well as for the 9–11 Relief sion for each will be greatly missed. Sunshine Elementary School Fifth Grade; Fund. Accepting on behalf of the department Caroline, Kent’s wife of 40 years, was an Rutherford County; Students organized a patri- were Fire Chief Joey Webb, Sr., and Capt. exceptional woman in her own right. After the otic program, honored local firefighters, and Bennie Coleman. death in 1963 of their infant daughter Selby, raised $250 for the Points of Light Foundation; Murphy Volunteer Fire Department, Cher- who suffered from a heart defect and was Accepting the award on behalf of the school okee County; These volunteers raised $20,000 cared for at Children’s Hospital, Caroline de- were Principal Wayne Litaker and Melanie for the families of fallen New York City Fire voted herself to the hospital, helping to raise Smith. Department firefighters; Chief Al Lovingood millions of dollars for its betterment. In 1999, Jerry VeHaun, Buncombe County; Jerry and assistant chiefs WC King and Mark Caroline and Kent endowed a chair in cardi- worked at Ground Zero in NYC for 12 days on Thigpen accepted the award on behalf of the ology in her name, and from 1995 to 1997, the 7PM to 7AM shift helping with the recover department. Caroline co-chaired the campaign to build a of bodies from the collapsed Twin Towers. Patricia Pirog for ‘‘Operation Toasty Toes,’’ new wing for the hospital. The endeavor Madison High School Student Government; Henderson County; Volunteers make knitted turned out to be the largest fundraising effort These students held a Spirit Chain fundraiser socks to warm the feet of servicemen and in the hospital’s history, raising over $15 mil- and raised $600 for the Red Cross New York women stationed overseas. This past Thurs- lion. In addition, she was instrumental in the Relief Effort.; Sara Cooley, sponsor, and Josh day, the Henderson County Chapter shipped effort to move the Children’s Hospital to the Harder, president of the student council, ac- off a huge box of sox to the NC 211th and University of Colorado’s new health sciences cepted the award on behalf of the school. 210th MP Units now serving in Afghanistan. center campus in Aurora. Caroline’s deep love Mars Hill Elementary School, Madison Kelly Robertson and Beth McIntosh, Yancey for children and for humanity touched the lives County; Mrs. Davis’ class wrote support letters County; These two ladies set up a drop-off of innumerable families who, because of her

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K09AP8.002 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E463 philanthropy, were able to receive top-notch increases the penalties that companies face alties in cases involving the actual destruc- medical care from one of the finest children’s for engaging in such rapacious acts. The bill tion or fabrication of evidence or in fraud hospitals in the nation. that I am introducing, the ‘‘Corporate and cases in which a large number of victims are injured or when the injury to the victims is Bart Rickenbaugh, the only son of Caroline Criminal Fraud Accountability Act of 2002’’, particularly grave—i.e. they face financial and Kent, followed in his parents footsteps as does just that. Among other things, it creates ruin. a caring and selfless man, who enriched the a new 10-year felony for defrauding share- This provision first requires the Commis- lives of everyone around him. As a husband, holders of publicly-traded companies; clarifies sion to consider sentencing enhancements in father and son, his deep love of family was current criminal laws relating to the destruction obstruction of justice cases where physical the hallmark of his life. He was an avid sports- or fabrication of evidence, including the shred- evidence was actually destroyed. The providing of financial and audit records; provides sion, in subsections (3) and (4), also requires man and outdoorsman who loved to play the Commission to consider sentencing en- hockey, ski, hunt and run. He was a four-year whistleblower protection to employees of pub- hancements for fraud cases which are par- rugby player at Dartmouth College, and a licly-traded companies, similar to those cur- ticularly extensive or serious. Specifically, former saddle bronc rider with the Professional rently available to many government employ- once there are more than 50 victims, the cur- Rodeo Cowboys Association. He moved from ees; and establishes a new bureau within the rent guidelines do not require any further Denver to Bozeman two years ago, where he Department of Justice to prosecute crimes in- enhancement of the sentence, so that a case became a real estate lawyer. Bart is survived volving securities and pension fraud. with 51 victims may be treated the same as In the wake of the Enron debacle, I believe a case with 5,000 victims. In addition, cur- by his wife, Lisa, and children, Sam and Lila. rent guidelines allow only very limited con- The Rickenbaughs are survived by their two the time is now ripe to protect American inves- sideration of the extent of financial devasta- daughters, Anne Rickenbaugh of Aspen and tors once again. The Enron case has estab- tion that a fraud offense causes to private Katherine Rich of Carbondale, who will un- lished beyond a shadow of a doubt that white victims. This section corrects both these doubtedly carry on the traditions of selfless- collar fraud can be incredibly damaging, in problems. ness and love that have long been the hall- many cases wiping away life savings and Section 5. Debts Non-dischargeable if In- costing innocent Americans billions of dollars curred in Violation of Securities Fraud mark of this extraordinary family. Laws—amends the federal bankruptcy code Mr. Speaker, we are all terribly saddened by of their hard earned money. There can be no to make judgments and settlements arising the loss of Kent, Caroline and Bart conceivable justification for shielding corporate from state and federal securities law viola- Rickenbaugh, but take comfort in the knowl- wrongdoers from criminal prosecution for their tions brought by state or federal regulators edge that our grief is overshadowed only by outrageous behavior. I am hopeful that Con- and private individuals non dischargeable. the legacy of courage, success and love that gress can move quickly to enact this worth- Current bankruptcy law may permit wrong- each of them left with all of us. Their lives are while and timely legislation. doers to discharge their obligations under court judgments or settlements based on se- the very embodiment of all that makes this The following is a section-by-section analysis of the bill: curities fraud and securities law violations. country great, and I am deeply honored to be This loophole in the law should be closed to able to bring each of them to the attention of Section 1. Title. ‘‘Corporate and Criminal help defrauded investors recoup their losses this body of Congress. The memories and Fraud Accountability Act.’’ and to hold accountable those who per- Section 2. Criminal Penalties for Altering, manifestations of the Rickenbaugh family’s petrate securities fraud. Destroying, or Failing to Maintain Docu- Section 6. Increased Protection of Employ- many contributions to the people of Denver ments—provides two new criminal statutes will never fade, and I, along with each and ees’ Wages Under Chapter 11 Proceedings— which would clarify and plug holes in the increases the amount in unsecured claims every person whose lives were touched by current criminal laws relating to the de- (wages, commissions, etc.) an individual this extraordinary family, will forever appre- struction or fabrication of evidence, includ- could claim in bankruptcy proceedings from ciate all that they have done for our great ing the shredding of financial and audit $4,300 to $10,000. This change would aid em- State. records. Currently, those provisions are a ployees who are usually only paid their pri- patchwork which have been interpreted in f ority wage claims early in the case. The rest often limited ways in federal court. For in- of the employee’s wage claim is a general un- INTRODUCTION OF THE COR- stance, certain of the current provisions secured debt and may not be paid except on PORATE AND CRIMINAL FRAUD make it a crime to persuade another person a pro rata basis at the end of the case, which to destroy documents, but not a crime to ac- ACCOUNTABILITY ACT OF 2002 could be several years later. In the Enron tually destroy the same documents yourself. case, employees were paid only their priority Other provisions have been narrowly inter- wage claims while certain individuals were HON. JOHN CONYERS, JR. preted by courts, including the Supreme given generous ‘‘retention bonuses.’’ This OF MICHIGAN Court in United States v. Aquillar, 115 S. Ct. change would make it possible for the court 593 (1995), to apply only to situations where IN THE HOUSE OF REPRESENTATIVES in similar cases to provide a more realistic the obstruction of justice can be closely tied buffer to employees who have been laid off or Tuesday, April 9, 2002 to a pending judicial proceeding. who have not been paid in the period leading First, this section would create a new 5 up to the bankruptcy. Mr. CONYERS. Mr. Speaker, today I am in- year felony which could be effectively used troducing the ‘‘Corporate and Criminal Fraud Section 7. Statute of Limitations for Secu- in a wide array of cases where a person de- rities Fraud—sets the statute of limitations Accountability, Act of 2002,’’ legislation that stroys or creates evidence with the specific in private securities fraud cases to the ear- imposes tough criminal and civil penalties on intent to obstruct a federal agency or a lier of 5 years after the date of the fraud or corporate wrongdoers and helps protect em- criminal investigation. Second, the section three years after the fraud was discovered. ployees and shareholders against future acts creates another 5 year felony which applies The current statute of limitations for pri- of corporate fraud. I am joined by Minority specifically to the willful failure to preserve vate securities fraud cases is the earlier of audit papers of companies that issue securi- Leader GEPHARDT along with Representatives three years from the date of the fraud or one ties. year from the date of discovery. In the Enron FRANK, JACKSON LEE, BERMAN, WATERS, LA- Section 3. Criminal Penalties for Defraud- state pension fund litigation, the current FALCE, ENGEL, DINGELL, JACKSON, Jr. (IL), ing Shareholders of Publicly Traded Compa- short statute of limitations has forced some CHRISTENSEN, DAVIS (IL), CUMMINGS, SANDERS, nies—creates a new 10 year felony for de- states to forgo claims against Enron based SOLIS, CLAYTON, BROWN (FL), LYNCH, frauding shareholders of publicly traded on securities fraud in 1997 and 1998. Victims HOEFFEL, GUTIERREZ, and SCHAKOWSKY. companies. The provision would supplement of securities fraud should have a reasonable As you know, the past several months have the patchwork of existing technical securi- time to discover the facts underlying the revealed widespread incidences of corporate ties law violations with a more general and fraud. less technical provision, comparable to the The Supreme Court, in Lampf v. Gilbertson, fraud and abuse committed by Enron and its bank fraud and health care fraud statutes. 501 U.S. 350 (1991), endorsed the current short advisers. With each passing day, a new rev- The provision would be more accessible to statute of limitations for securities fraud in elation concerning the dissemination of misin- investigators and prosecutors and would pro- a 5–4 decision. Justices O’Connor and Ken- formation, evidence shredding, obstruction of vide needed enforcement flexibility and, in nedy wrote in their dissent in the Lampf de- justice, and insider trading has been unveiled. the context of publicly traded companies, cision: ‘‘By adopting a 3-year period of And, as more companies file for bankruptcy, I protection against all the types schemes and repose, the Court makes a § 10(b) action all am convinced that we may very well learn of frauds which inventive criminals may devise but a dead letter for injured investors who additional instances of fraud occurring across in the future. by no conceivable standard of fairness or Section 4. Review of Federal Sentencing practicality can be expected to file suit with- corporate America. Guidelines for Obstruction of Justice and Ex- in three years after the violation occurred. One step we can take to prevent corporate tensive Criminal Fraud—requires the United In so doing, the Court also turns its back on wrongdoers from preying on innocent inves- States Sentencing Commission (‘‘Commis- the almost uniform rule rejecting short peri- tors and employees is to enact legislation that sion’’) to consider enhancing criminal pen- ods of repose for fraud-based actions.’’

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\K09AP8.003 pfrm04 PsN: E09PT1 E464 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 Section 8. Whistleblower Protection for Science Advice to Policymakers: a US Per- setting policy, and despite the ballooning Employees of Publicly Traded Companies spective,’’ which appears in the December relevance of scientific and technological fac- who Provide Evidence of Fraud—provides 2001 issue of The EPTS Report, a publication tors to more and more of the questions on whistleblower protection to employees of of The Institute for Prospective Technological which Congress votes, very few legislators publicly traded companies, similar to those have been educated as scientists or engi- currently available to many government em- Studies, published by the Joint Research Cen- neers. Given the kinds of persons attracted ployees. It specifically protects them when ter of The European Commission. I am to campaigning for election to public office, they take lawful acts to disclose information pleased to offer this article for your review and this observation should surprise no one. or otherwise assist criminal investigators, consideration. Nearly thirty years ago, in 1972, Congress responded to its perceived need for science federal regulators, Congress, supervisors (or THE PROVISION OF SCIENCE ADVICE TO and technology advice by creating the Office other proper people within a corporation), or POLICYMAKERS: A U.S. PERSPECTIVE parties in a judicial proceeding in detecting of Technology Assessment (OTA). (By John Brademas, President Emeritus of and stopping fraud. Since the bill’s provi- Governed by a Technology Assessment New York University) sions only apply to ‘‘lawful’’ actions by an Board, consisting of six Senators and six employee, it does not protect employees The horrific attacks of September 11, 2001, Representatives, evenly divided between from improper and unlawful disclosure of on the World Trade Center in New York City Democrats and Republicans, OTA was ad- trade secrets. In addition, a reasonableness and the Pentagon outside Washington, D.C., vised by, in addition to its professional staff, test is also set forth under the information demonstrated how products of Western a group of ten experts from the public. Dur- providing subsection of this section, which is science and technology—Jet aircraft and avi- ing its lifetime, OTA produced evaluations intended to impose the normal reasonable onics—could be employed to assault citadels requested by Congress to help the legislature person standard used and interpreted in a of American economic and military power. ‘‘understand and plan for the short-and long- Clearly, the consequences of September 11 wide variety of legal contexts. See generally term consequences of the applications of for makers of U.S. policy—economic, foreign Passaic Valley Sewerage Commissioners v. De- technology. . .’’ and military—are deep and wide-ranging. partment of Labor, 992 F. 2d 474, 478. Cer- In 1995, however, following the elections of The nation’s intelligence and law enforce- tainly, although not exclusively, any type of 1994, with Republican victories in both Sen- ment agencies, for example, have come under corporate or agency action taken based on ate and House of Representatives, Congress, criticism for weaknesses in tracking the the information, or the information consti- by refusing it funds, killed OTA. Said Lord September terrorists, who were obviously tuting or leading to admissible evidence (Wayland) Kennet, a British leader in tech- not technologically illiterate. would be strong indicia that it could support nology assessment, ‘‘The Office of Tech- In Washington, D.C., an envelope con- of such a reasonable belief. If the employer nology Assessment (OTA) was the trailblazer taining anthrax was targeted at the Majority does take illegal action in retaliation for for all the later European institutions. . .’’ Leader of the U.S. Senate, Tom Daschle (D– lawful and protected conduct, subsection (b) ‘‘The disappearance of OTA has not only SD), while in both Florida and New York allows the employee to elect to file an ad- been of sad importance to all who work in City, anthrax was apparently aimed at lead- ministrative complaint or to bring a case in parliamentary technology assessment in Eu- ing television and newspaper journalists, one federal court, with a jury trial available in rope: it has been a bit baffling. That the of whom, Judith Miller, is co-author, with cases where the case is an action at law. See leading technological state in the world, a her New York Times colleagues, Stephen United States Constitution, Amendment VII; democracy like us, should have abolished its Engelberg and William Broad, of a new book, Title 42 United States Code, Section 1983. own main means of democratic assessment Germs: Biological Weapons and America’s Subsection (c) would require both reinstate- left us aghast. . .’’ Secret War (Simon & Schuster). A recent ment of the whistleblower, double backpay, The demise of OTA has obviously not re- study by the General Accounting Office compensatory damages to make a victim solved the question of how Congress gets found the Federal government as well as whole, and would allow punitive damages in S&T advice. Indeed, last June, a group of state and local health departments unpre- extreme cases where the public’s health, scholars, Congressional staffers and leaders pared for this latest threat. Meanwhile Sen- safety or welfare was at risk. of industry met in Washington to explore ators and Representatives are holding hear- Section 9. Establishment of a Retirement prospects for filling the knowledge gap left ings in Washington on the challenge of bio- Security Fraud Bureau—establishes a Bu- by the death of OTA. terrorism. reau within DOJ that, among other things, Although in office only a year, President A NEW OTA? will advise the Assistant Attorney General George W. Bush is confronted with decisions Suggestions for enabling Congress to ob- of the Criminal Division on matters per- he surely did not anticipate. But if reacting tain S&T advice developed at the June meet- taining to pension and securities fraud, and effectively to September 11 must now be his ing as well as from other quarters are even assist federal, state and local law enforce- overriding concern, there are other judg- now under consideration on Capitol Hill. ment authorities in combating pension and ments the new president and his team must Congressman Amo Houghton (R–NY); John securities fraud-related activities. make that are, like making war, also laden H. Gibbons, former Science Advisor to Presi- f with scientific and technological dimensions. dent Clinton and former director of OTA; and Here is only a partial list of such issues: M. Granger Morgan, Professor and head of JOHN BRADEMAS ON SCIENCE global warming, missile defense, stem cell the Department of Engineering and Public ADVICE TO CONGRESS research, wireless technology proliferation, Policy at Carnegie-Mellon University, Pitts- energy, AIDS epidemics in Africa and India. burgh, joined recently to propose in effect a HON. TIM ROEMER Not only are the policy challenges the new OTA, also bipartisan and bicameral, but Bush Administration must face complex and in response to criticisms of the old OTA, one OF INDIANA contentious but to meet them, the President with ‘‘strategies’’ to perform studies more IN THE HOUSE OF REPRESENTATIVES of the United States lacks the decision mak- rapidly, to ensure that the needs of the mi- Tuesday, April 9, 2002 ing authority of a British Prime Minister. nority are well served, and to supply tech- For in the American separation-of-powers nical advice . . . to other congressional sup- Mr. ROEMER. Mr. Speaker, one of my dis- constitutional system characterized as well, port organizations. . .’’ tinguished predecessors in Congress was the in contrast to European arrangements, by Representative Rush D. Holt (D–NJ), one of Honorable John Brademas, who represented relatively undisciplined political parties, in two physicists in Congress, has introduced Indiana’s Third Congressional District in the making national policy, Congress counts! legislation to re-establish OTA; since Sep- House for 22 years from 1959–81. During his This is a lesson President Bush is learning tember 11, prospects for action have dimmed. service here, John established himself as one every day. Senator Jeff Bingaman (D–NM), however, is All the more is the power of the elected still pressing for $1 million for a technology of our leading experts in the fields of edu- Senators and Representatives in Congress to cation, the arts and humanities, and serving assessment pilot project in the General Ac- shape policy made obvious by the current po- counting Office. the needs of our nation’s children, the elderly litical configuration in Washington, D.C: a Given that Members of the House of Rep- and the disabled. Republican in the White House, a Republican resentatives serve terms of but two years, From 1981–92, John served as President of majority (narrow) in the House of Represent- some lawmakers had charged that OTA took New York University, our nation’s largest pri- atives, and a Democratic majority (one vote) too much time to complete its studies. Many vate university. He is the former chairman of in the Senate. Republicans also criticized OTA analyses of the President’s Committee on the Arts and INSTRUMENTS OF CONGRESS defense and environmental issues as too ‘‘lib- Humanities and the National Endowment for In influencing policy, the U.S. Congress eral’’. Democracy. John also served as a member of has three principal instruments: writing the Conversations with former OTA leaders cast a different light on such complaints. Re- the Carnegie Commission on Science, Tech- laws that authorize the activities of the government, appropriating (or not appro- quests for rapid response reports were, in- nology and Government and chaired the Com- priating) funds necessary to carry out the deed, answered but with caveats. On the alle- mission’s Committee on Congress. laws, and overseeing their implementation. gation of ‘‘liberal’’ bias, OTA directors coun- John recently wrote a very interesting and Although Senators and Representatives tered that the objections were often to the provocative article entitled: ‘‘The Provision of wield great and often decisive authority in substance of OTA’s conclusions, for example,

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.081 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E465 to OTA’s skepticism about the technological and the commercial sector, with their shared CEO Al Koeppe have dedicated their lives to feasibility of missile defense proposals. focus on making money. While this relation- ensuring that New Jersey’s workers are pro- ‘‘People want science-based decisions, and ship flourishes, a deadening complacency has vided fair compensation, benefits and safe they’re all for that until the scientific con- settled over the institutions that should be sensus is politically inconvenient,’’ House protecting and advancing the public interest working conditions. It is individuals like these Science Committee Chairman Sherwood in science: the research agencies of the exec- who allow working families in the State of New Boehlert (R-NY), has observed. utive branch of government, Congress, the Jersey to continue to thrive during these tough Certainly the issues Congress confronts press, and, within science, leaders who economic times. that are freighted with scientific or techno- should be stewards of scientific tradition, Governor McGreevey. As the mayor of logical considerations are often politically rather than apologists for its neglect. Woodbridge, the Senator and Assemblyman volatile—stem cell research, genetically pro- Science finds advantage and claims virtue in for the 19th legislative district and now as our duced foods, alternative energy sources, mis- its detachment and aloofness from politics. Governor, Jim McGreevey has been one of sile defense policy, global warming, nuclear But politics is the medium through which a the best friends NJ labor has ever seen. power. society decides upon and implements its val- Throughout his tenure in public service Jim THE CARNEGIE COMMISSION ues and its choices. That the political sys- McGreevey has been a persistent fighter for A revived-and-reformed-OTA is not the tem frequently goes awry and fails to work only vehicle to which Congress could turn to its full potential of beneficial effects is a the rights of workers, their families, and the for S&T counsel. Ten years ago, while serv- reason for involvement, not withdrawal. And labor movement. ing on the Carnegie Commission on Science, this is especially so for an enterprise that While Governor McGreevey has a long list Technology, and Government and, having draws heavily on the public purse and radi- of accomplishments and accolades, none can previously been a member of the House of ates powerful effects in all directions and on surpass that of his first executive order as Representatives (D-IN) for twenty-two years all things . . .’’ Governor. Before even moving into the Gov- One obvious example of Congressional (1959–1981), the author chaired the Commis- ernor’s mansion, Jim McGreevey made it one sion’s Committee on Congress. The Carnegie muscle is the practice of Senators and Rep- resentatives taking advantage of appropria- of his first official acts to declare that all large Commission produced a series of reports on public construction jobs must use unionized how all three branches of the Federal gov- tions bills to earmark funds for specific in- ernment—executive, legislative and judi- stitutions and facilities in their own con- labor. cial—could more wisely and effectively deal stituencies. This practice, under which Con- By requiring that all state funded large con- with issues with scientific or technological gress votes monies for buildings and research struction jobs enter into project labor agree- dimensions. This article will only cover the projects without peer-reviewed competition, ments (PLAs), New Jersey is assured that all aforementioned committee concerning Con- spurred President Bush’s Director of the Of- work is done by qualified individuals, who are gress. fice of Management and Budget, in the hope receiving a fair wage and quality benefits. One of our reports addressed the question of ending the phenomenon, a few weeks ago to bring together science policy and univer- PLAs have long been proven an effective way of expert S&T advice from outside Congress to get work done in a timely fashion, without while another focused on the analysis and sity leaders to discuss the question. advice Congress received from OTA, the Con- Most observers, however, agree that work stoppages. gressional Research Service of the Library of achieving success in persuading politicians By making Project Labor Agreements one of Congress, General Accounting Office and no longer to look to the interests of their his first official acts, Jim McGreevey once Congressional Budget Office. own constituencies is an unlikely develop- again proved his utmost commitment to the The third report focused on organizational ment. working men and women of our state. His out- and procedural reforms, with particular at- A dramatic demonstration of congressional standing record and commitment to working tention to long-range planning and goal set- power to affect science is the response of the Senate and House of Representatives to the families should be applauded and viewed as a ting, committee structure and the budget model for all public servants. I look forward to process. call in 1992 of Nobel Laureate Harold Although recommending several reforms in Varmus, former Director of the National In- continuing work with our newly elected Gov- its operation, our Committee found the ac- stitutes of Health, to double the funds for ernor in furthering the labor movement and the tivity of the Office of Technology Assess- science in over a decade—and that’s hap- rights of all workers. ment resulted in a product, ‘‘full-scale as- pening. For, as a former OTA director told Steve Rosenthal. As political director of the sessment . . . that is widely used and appre- me, ‘‘When individual citizens believe that AFL–CIO, Steve Rosenthal has taken the ciated by Congress, the scientific con- basic research and science can lead to life- labor fight to the political spectrum and has tmunity, the public, and individuals and or- saving cures, Senators and Representatives fought to ensure that the issues of utmost con- will continue to vote to increase appropria- ganizations in other nations.’’ cern of working families are heard by the We also pressed the National Academy of tions for the National institutes of Health’’. Sciences complex to communicate more reg- It may be tempting to throw up one’s American political establishment. Steve has ularly, and deeply, with members of Con- hands in despair or acknowledge with cyni- worked long and hard in making workers gress and their staffs. cism that elected politicians engage in poli- rights a focus of Congressional, State, County We said, too, that scientists and engineers tics. Yet experience demands that we keep and Local races for office. should become more active in policy making pressing the case for finding ways and means Steve Rosenthal was appointed to the posi- and that Federal agencies, academic institu- of making it possible for legislators, espe- tion of political director soon after John tions, corporations and professional societies cially those who serve in assemblies that are Sweeney was elected president of the AFL– more than rubber stamps for the Executive, should encourage such involvement. CIO in 1995. Steve has been tasked to direct FEDERAL FUNDS FOR S&T to have effective access to the best possible information, intelligence and counsel on the AFL–CIO, and the greater labor move- Just one indicator of the S&T universe to issues crucial to the future of their country, ment’s, political organization. He has been in- which the President and Congress today di- indeed, to the future of all humankind. This strumental in recruiting pro-labor candidates, rect their decisions is that in the Fiscal Year means advice on issues of science and tech- 2001, the Federal government will spend over organizing national voter registration drives, nology. $90 billion on Research and Development and mobilizing their grassroots campaigns. (R&D), a figure some observers estimate f Steve has been taking an active role in build- could next year easily exceed $100 billion. ing a long term political infrastructure that not With expenditures of tax dollars of such 10TH ANNUAL LABOR AWARDS only elects officials that are supportive of la- magnitude, it is not surprising that in his re- DINNER HONORING GOVERNOR bors issues but encourages union members to cent book, Science, Money and Politics, the JAMES MCGREEVEY, STEVE take active roles in all levels of government. nation’s leading science journalist, David S. ROSENTHAL AND AL KOEPPE I am also proud that Steve Rosenthal cut Greenberg, has written a brilliant, irreverent but powerfully documented study of the ties his teeth in our great State of New Jersey. that bind American science to money and HON. FRANK PALLONE, JR. Steve is a member of Communication Workers politics. OF NEW JERSEY of America (CWA) Local 1032 and served as Greenberg’s sharply critical analysis dem- IN THE HOUSE OF REPRESENTATIVES the New Jersey CWA Legislative/Political Co- onstrates how the ability of American sci- ordinator. In these roles and currently as the entists to win Federal funds is brought to Tuesday, April 9, 2002 national political director, Steve Rosenthal has bear with great effectiveness not only on the Mr. PALLONE. Mr. Speaker, I rise today to truly provided an invaluable service to all executive branch but also on Congress. join the New Jersey State AFL–CIO in hon- Indeed, Greenberg warns: working families in the state of New Jersey. ‘‘. . . Science is too powerful, too potent in oring three individuals who have demonstrated Al Kolppe: For the past 13 years I have had its effects on society, and too arcane to be extraordinary leadership in labor relations. NJ the pleasure and honor to work with a busi- entrusted to the expanding alliance between Governor James McGreevey, AFL–CIO Polit- nessman that epitomizes how our public utili- a profession that has retreated into a ghetto ical Director Steve Rosenthal, and PSE&G ties should do business. As the current CEO

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.086 pfrm04 PsN: E09PT1 E466 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 of Public Service Electric and Gas (PSE&G) Hospital, designing objects for patients to use Don is presently working on the Rangely and past president and CEO of Bell Atlantic- in their therapy. School Foundation, which he helped to create New Jersey, Al Koeppe has been a friend to Service was a way of life for Clifford Stan- and fund, and is also active in a number of working families and organized labor as a field. Even on his regular strolls through Half other organizations. He serves on the North- whole. Moon Bay, he was known to pick up trash left west Colorado Resource Advisory Council, In his official capacity at PSE&G and Bell in the streets and deliver newspapers to the which he has chaired for several years, is a Atlantic and as a former member of the NJ doorsteps of his neighbors. board member of the Rangely Area Chamber Commission on Higher Education, Al Koeppe Mr. Speaker, I ask my colleagues to join me of Commerce, the CNCC Foundation and the works hard to ensure good relations with his in paying tribute to this great and good man Rangely Museum Society, and serves on the workforce, providing workers quality benefits, and offer the condolences of the entire House University of Colorado Business Community the opportunity to organize and collectively of Representatives to his family. We are a bet- Council. I have personally had the opportunity bargain, and a quality work environment. ter community, a better country and a better to work with Don in his capacity as Mayor and In the mid-1990’s, as a member of the NJ people because of Clifford Stanfield. as chair of the Northwest Colorado Resource Commission on Higher Education and chair- f Advisory Council, and have always been as- man of the commission’s labor management tounded at his hard work and dedication. committee, Al Koeppe’s committee rec- PAYING TRIBUTE TO DON PEACH Needless to say, Don is a genuine philan- ommended that the state’s nine colleges be thropist and an extraordinary public servant. required to collectively bargain with their more HON. SCOTT McINNIS Mr. Speaker, it is clear that Don Peach is a than 5,000 employees. This statewide bar- OF COLORADO man of unparalleled dedication and commit- gaining would cover contract talks with classi- IN THE HOUSE OF REPRESENTATIVES ment to his professional endeavors, his philan- fied clerical, security and maintenance workers Tuesday, April 9, 2002 thropic endeavors and to the people of his who were members of the CWA and the Inter- community. It is his unrelenting passion for national Federation of Professional and Tech- Mr. MCINNIS. Mr. Speaker, I would like to each and every thing he does, as well as his nical Engineers. While this decision was not a take this opportunity to pay tribute to Don spirit of honesty and integrity with which he popular one with the nine college presidents, Peach and thank him for his extraordinary has always conducted himself, that I wish to it was hailed as a huge victory by the workers contributions to the town of Rangely. His dedi- bring before this body of Congress. He is a re- and their representative unions. cation as Mayor to both his job and the people markable man, who has achieved extraor- Al also worked very closely with organized of Rangely is matched only by the level of in- dinary things in his career and for his commu- labor, including NJ AFL–CIO President tegrity and honesty with which he has con- nity. It is my privilege to extend to him my Charles Wowkanech and members for the ducted himself each and every day while at congratulations on his retirement as Mayor of IBEW, in crafting New Jersey’s Energy De- his post. As Mayor, he will always be remem- the town of Rangely, and wish him all the best regulation law passed in the late 1990’s. Al bered as a man with the utmost dedication in his future endeavors. and talent, and will continue to be known as took significant steps in ensuring that not only f consumer concerns were met but also the a leader in the community. As he celebrates concerns of the men and women who work for his retirement, let it be known that I, along FALUN GONG our public utilities throughout the state. with each and every person with whom he has Al Koeppe has obviously demonstrated his worked and the people of Rangely, are eter- HON. MARK UDALL nally grateful for all that he has accomplished leadership on behalf of working families in the OF COLORADO in his distinguished tenure. state of New Jersey throughout his long and IN THE HOUSE OF REPRESENTATIVES distinguished career. Business and industry When Don arrived in Rangely, the town was Tuesday, April 9, 2002 should look to Mr. Koeppe as an example of mired in financial difficulties, and he quickly how to conduct labor-management relations. set out to turn things around. He effectively re- Mr. UDALL. Mr. Speaker, I rise today to duced property taxes, implemented numerous f speak out against the religious persecution of successful grant programs and tightened the Falun Gong practitioners in mainland China. TRIBUTE TO CLIFFORD accounting reins by emphasizing strict finan- Falun Gong representatives believe that over STANFIELD cial administration. Also upon his arrival, plans 100,000 Falun Gong practitioners have been were already in the offing to build the Des- arrested. Tens of thousands have been thrown HON. ANNA G. ESHOO perado Mine, which was projected to bring an into labor camps without trial, and at least OF CALIFORNIA additional 35,000 people to the town. At the 1,000 healthy practitioners have been put into IN THE HOUSE OF REPRESENTATIVES time, Rangely was ill prepared to accommo- mental hospitals and have suffered illegal psy- date such a massive influx of people, but Don chiatric abuse. It has also been reported that Tuesday, April 9, 2002 successfully built up the infrastructure to han- between 365 and 1,600 people have been Ms. ESHOO. Mr. Speaker, I rise today to dle the increased population. In order to house killed in police custody. pay tribute to a distinguished American and the new workers, he acquired land from the It is thought that there are as many as 100 longtime resident of San Mateo County, Bureau of Land Management for the La Mesa million Falun Gong practitioners worldwide. Clifford Stanfield, who passed away on March Development, and subsequently began a num- Falun Gong believers hold that this spiritual 3, 2002, at the age of eighty-four. ber of housing programs. He also initiated a practice instills the three principles of truthful- He leaves his beloved wife Ruth of thirty- program of utility plant expansions in order to ness, compassion and tolerance. They would one years, his son Raphael and his daughter provide the necessary power and infrastruc- merely like the opportunity to peacefully prac- Sue Spackman, as well as five grandchildren, ture for the town. tice their beliefs without fear of torture or im- two brothers and a sister. Don was also a strong advocate of bol- prisonment. A graduate of the Illinois Institute of Tech- stering community pride. He succeeded in Mr. Speaker, I ask my colleagues to join me nology, Clifford Stanfield worked as an archi- changing residents’ attitudes toward their town in supporting Falun Gong and its practitioners’ tect until his retirement in 1984. A distin- through the implementation of a town-wide quest for peace and tolerance. guished veteran of the U.S. Navy, he worked beautification project. Through numerous f as a ship’s painter during World War 11, serv- grants and support from the town council, a ing on the destroyer-tender USS Dixie in the Center Square was built, downtown facades A TRIBUTE TO CULTURAL FEST South Pacific. were refurbished, an adopt-a-tree program 2002 A native of Iowa, in 1971, Clifford Stanfield was put in place, and street, curb and side- moved with his wife Ruth to California’s walk improvements were initiated. He was HON. MIKE McINTYRE Coastside where he gave generously of his also a strong advocate of community develop- OF NORTH CAROLINA time and talents to the community. An ardent ment, creating the Rangely Development IN THE HOUSE OF REPRESENTATIVES environmentalist, Clifford Stanfield volunteered Agency and the Rangely Development Cor- as a docent with the Fitzgerald Marine Re- poration, as well as putting in place a number Tuesday, April 9, 2002 serve and the Coyote Point Museum. Utilizing of development regulations in the town. He Mr. MCINTYRE. Mr. Speaker, it is with great his considerable expertise in architecture and also established the Foundation for Public Giv- pleasure that I rise today to acknowledge Cul- construction, Mr. Stanfield volunteered with ing and has worked tirelessly on the Rangely tural Fest 2002, hosted by Harold Collins. This the occupational therapy department at Mills Museum Project. event, which will be held in Robeson County,

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.090 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E467 North Carolina from April 17–21, will bring to- children, for I know the next few weeks and AFGHANISTAN EDUCATION FOR gether ethnic and cultural groups from this months will be difficult. But as they grieve, I GIRLS AND WOMEN area to celebrate the diversity and strength of hope they find comfort in knowing what a won- our region, state, and nation. Robeson Coun- derful contribution Ron made to the world HON. TAMMY BALDWIN ty, as confirmed by the latest census, is the around him. OF WISCONSIN most culturally diverse of all one hundred f IN THE HOUSE OF REPRESENTATIVES counties in North Carolina. Robeson County is an area rich in heritage IN HONOR OF DR. L. JAY OLIVA, Tuesday, April 9, 2002 and history. This heritage and history will be PRESIDENT, NYU Ms. BALDWIN. Mr. Speaker, I rise today to on display during a Grand Parade uniting indi- recognize an event that is on its way to the viduals from the numerous cultures rep- HON. CHARLES B. RANGEL world’s history books an event that, last resented within the county. Each cultural OF NEW YORK month, changed the lives of girls and women group will demonstrate its distinctive heritage IN THE HOUSE OF REPRESENTATIVES in Afghanistan forever. On March 23rd, Afghan during the event, providing individuals of all Tuesday, April 9, 2002 schools went back into session, meaning that, ages the opportunity to learn about the unique Mr. RANGEL. Mr. Speaker, I rise today to for the first time in five years, girls began to blend of cultures surrounding them. Further- honor a New Yorker who has done a great attend school legally. more, the event hopes to be a positive influ- deal for higher education in America, and for During the reign of the Taliban regime, ence on the lives of the youth of Robeson the City of New York. As a proud alumnus of women all over Afghanistan refused to give up County and surrounding areas, steering them this great university, I wanted to share with their right to be educated. Some set up illegal away from drugs and violence and towards Members of Congress some of the accom- schools in their homes at risk of being se- more benign outlets. plishments of this fine leader, and to take this verely beaten. Others hid books and pencils Cultural Fest 2002 could serve as a model opportunity to salute Dr. Oliva. New York Uni- under their clothing in fear of being killed if for other communities to emulate as a means versity is the largest private university in this they were found out. But even during these of positively promoting the great diversity of nation with more than 50,000 students, many horrific times, Afghan girls remained resolute. our nation. The organizers of Cultural Fest of them first-generation college attendees. I ‘‘We want to go to school even more,’’ they 2002 should be commended for their efforts. know because I was one such first-generation said. For many Afghan girls, this is the first My fellow colleagues, please join me in sa- college graduate in my family. NYU is clearly time they can walk down the street with a luting the organizers of Cultural Fest 2002 for one of this country’s premier universities. book, without the risk of being killed. their efforts. May God’s blessings shine upon Dr. Oliva has been its president since 1991, The Taliban regime was the most repressive this event. but he has been a leader of NYU for many regime in the world with regard to the status f decades, four decades, in fact. He has proof women. The systematic exclusion of women IN MEMORY OF RON CAWDREY vided distinguished leadership of young men from all positions of status in all aspects of and women as its Chancellor, as a Dean, a government and society not only marginalized Provost, and as an Executive Vice President. women, but it undermined Afghanistan’s entire HON. JANE HARMAN Yet, I want to recognize him for a role he has civic society. Prior to Taliban rule, 40% of Af- OF CALIFORNIA played continuously throughout these 40 or so ghanistan’s doctors, over half the university IN THE HOUSE OF REPRESENTATIVES years, and still plays—a teacher. He still per- students, and two-thirds of Afghanistan’s Tuesday, April 9, 2002 sonally carries a teaching load; he believes in teachers were women, It is clear that for the Mr. HARMAN. Mr. Speaker, I rise today to that role above all. NYU has been at the heart rebuilding of Afghanistan to be successful, honor the memory of Ron Cawdrey, a close of this man’s life. there must be educated and informed women friend and driving force in the City of Redondo NYU’s motto is a ‘‘private university in the in all walks of life. Beach, California, who died last month. public service.’’ These were not just words for I would like to commend the United States In addition to being a two-term councilman, Jay Oliva, for, indeed, he was one of the very Children Fund for their extremely hard work Ron served his community in so many other first university presidents in the nation to lead and aid in helping with the ‘‘Back to School’’ ways, including on the North Redondo Beach the fight for Americorps. He helped shape a campaign. In cooperation with the Afghan In- Business Association, the Redondo Beach university that is dedicated to community serv- terim government, UNICEF has a goal of Chamber of Commerce and the local Little ice and volunteerism. Over 4,000 NYU stu- bringing more than 1.5 million Afghan children League. He also was vice president of the dents participate in volunteer efforts. President into a safe learning environment. In a country Communications Workers of America, Local Oliva assembled his own President’s C-Team where the literacy rate is just four percent— 9400, representing 10,000 members in Cali- that involves over 200 students working di- the lowest in the world—UNICEF has dedi- fornia, and was actively involved in local rectly with him on public service initiatives. cated countless hours to ensuring that each Democratic politics. NYU is now home to the largest America child has access to basic school supplies. The But listing Ron’s affiliations does not come Reads program in this country. Under his kind of dedication to humanitarian relief that near to describing the contributions he made leadership, NYU has distinguished itself as a UNICEF has shown in Afghanistan is essential to our community and the impact he had on provider of services for the underprivileged, not only to the future of Afghanistan, but to the individuals he touched. A quick glance at through its dental clinics providing healthcare women and children around the world. the tributes his friends and colleagues have to the indigent, low-income and minority popu- I wholeheartedly thank UNICEF for their written reveals a man who was inspirational, lations, to its social work, education, nursing support of Afghan children. I commend the In- loving, nonconfrontational and deeply devoted and medical school and initiatives, to its highly terim Afghan government for making edu- to his family. People just liked being around distinguished legal and business leadership cation a key priority. Most of all, I thank the him. and assistance. NYU provides tutoring and teachers and children of Afghanistan who In short, Mr. Speaker, Ron was well deserv- training for schools throughout the region, have had the courage and the will to educate ing of his 1992 Redondo Beach Man of the leaving a mark on many people’s lives. and be educated after years of fear, insecurity Year award, and his recent Redondo Beach September 11th 2001 was no exception, and oppression. Mayor’s Lifetime Community Service Award. when NYU was not only directly hit, but it was f I am uncertain when I first met Ron, but be- a time when its doctors, nurses, dentists, so- lieve it was at a meeting of local labor leaders. cial workers and staff immediately answered PAYING TRIBUTE TO ELIZABETH Ron ‘‘adopted’’ me, and became a tireless the call to provide services to those in New MOORE worker on my behalf. He was always there for York in need. me, and for so many others. Dr. Oliva certainly saw a global vision and HON. SCOTT McINNIS The last time I saw Ron was at a regional mission for NYU, but it was his local vision OF COLORADO Chamber of Commerce breakfast, hosted by that has provided a blanket of services over IN THE HOUSE OF REPRESENTATIVES the Redondo Beach Chamber. I hadn’t seen New York City and State. For all of these and him in some time, but he bounded up to me many more reasons, I stand now to applaud Tuesday, April 9, 2002 with his magnetic smile, gave me a big hug, his leadership of NYU, his dedication to this Mr. MCINNIS. Mr. Speaker, it is with pro- and asked how I was doing. great institution, and to the principles on which found sadness that I pay tribute today to Eliza- Mr. Speaker, my heart goes out to Ron’s it was founded, and which he did so much to beth Moore, an incredible woman who recently wife Punky, his four children and four grand- shape. passed away, but whose dedication to the

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.093 pfrm04 PsN: E09PT1 E468 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 people and animals in her community was Mr. Speaker, I rise today to point out that al- member of the community and of my cam- both extraordinary and inspirational. Elizabeth though they are young adults themselves the paign staff for officially becoming an American selflessly gave her time and energy to her outstanding achievements of the this team of- citizen on February 22, 2002. community through her intense love of all liv- fers a fine example to our nation’s young peo- Julie graduated from the University of Cali- ing creatures, and was a woman of unques- ple. I applaud them for all of their achieve- fornia in San Diego in 1992 with a degree in tioned integrity and of unparalleled morality. ments both on and off the court. political Science and lived for 6 years in She will be sorely missed by each and every f Washington, DC, before settling in Colorado, person whose life she touched, and as her which is now her permanent home. Though family mourns her loss, I believe it is appro- IN RECOGNITION OF HOLOCAUST Julie has lived in the United States for almost priate to remember Elizabeth and pay tribute REMEMBRANCE DAY her entire life, she had retained her Irish citi- to her for her incredible contributions to her zenship until earlier this year. Giving up her city, and her state. HON. E. CLAY SHAW, JR. Irish citizenship was a hard decision to make. Elizabeth and her husband John first came OF FLORIDA Like most Americans who have come from to Colorado’s San Luis Valley in 1995 after IN THE HOUSE OF REPRESENTATIVES abroad, Julie is very proud of her heritage. riding on the Cumbres & Toltec Scenic Rail- Tuesday, April 9, 2002 However, her dedication to public service, her road. They decided to make the beautiful val- interest in politics and her love for the United ley their home, and immediately embarked Mr. SHAW. Mr. Speaker, I rise today in rec- States persuaded her to make the choice. upon a mission to make it a better place for ognition of Yom Ha Shoah, Holocaust Re- While she is a new citizen, Julie is not a all to live—even the animals. After arriving in membrance Day. We recall now not only the newcomer to our country or our democratic the San Luis Valley, Elizabeth served as the more than six million Jews who lost their lives, system of government. In addition to working President of the Humane League, dedicating but the human potential that was also extin- for both my colleague, Representative DIANA her time to organizing fundraisers for spay and guished during the dark days of World War II. DEGETTE, and for me, Julie also works for the neuter clinics and finding homes for stray cats We remember not just the mothers and fa- Colorado Democratic Party. She has de- and dogs. She had a strong conviction that thers, the sons and daughters, the brothers cided—rightly—that American citizenship the best way to help the plight of animals in and sisters, but also their descendents who would allow her to even more fully participate the community was to control the population never got to make their contributions to man- in public affairs and to work for the betterment by spaying and neutering. Her efforts were kind. And we remember the heroes who gave of what is now fully our common country. In critical in procuring funds from the Max Fund their lives in the greatest fight for freedom and her free time, Julie plays on a soccer team in to assist with low-cost spay/neuter clinics in democracy the modern world has ever known. Denver, runs marathons and is a volunteer for the community. In addition, she loved the out- By pausing today, we join in a solemn bond the Colorado Red Cross, where she is on call doors, and had climbed most of Colorado’s with the victims of the Holocaust to ensure one week of every month and helps victims of highest peaks, inspiring her husband to take that the world will never suffer such a horrific disaster. She is a shining example of the spirit up the sport as well. Elizabeth’s extraordinary tragedy again. It is through our reflection that and promise of American democracy and the selflessness and dedication to all living things we acknowledge our loss and through our ac- diversity that makes our country so special. will be sorely missed by everyone that knew tions that we build a world free of such hatred On behalf of her fellow citizens of Colorado her, and by all that benefited from her incred- and despair. Our greatest tribute to the mil- and the United States, I congratulate Julie on ible deeds. lions who suffered at the hands of the Nazis her becoming an American citizen. Mr. Speaker, we are all terribly saddened by will be to ensure that their memory will never the loss of Elizabeth Moore, but take comfort be extinguished. By recognizing Holocaust Re- f in the knowledge that our grief is over- membrance Day, we do just that by educating shadowed only by the legacy of courage, self- today’s and future generations. A TRIBUTE TO SERGEANT MIKE lessness and love that she left with all of us. Yet the fires of hate, which burned so HUMPHREY, NORTH CAROLINA Elizabeth Moore’s life is the very embodiment brightly in Europe from 1939 through 1945, HIGHWAY PATROL of all that makes this country great, and I am never really burned out. They were smoldering deeply honored to be able to bring her life to in the hearts of the terrorists who flew their HON. MIKE McINTYRE the attention of this body of Congress. planes into the Twin Towers, the Pentagon OF NORTH CAROLINA f and into the ground of rural Pennsylvania on IN THE HOUSE OF REPRESENTATIVES HONORING THE UNIVERSITY OF September 11th. And those same fires are Tuesday, April 9, 2002 CONNECTICUT WOMEN’S BASKET- ablaze even today, in actions of the suicide Mr. MCINTYRE. Mr. Speaker, it is with great BALL TEAM ON A PERFECT SEA- bombers on the West Bank and in Gaza. We pleasure that I rise today and honor Sergeant SON AND A NATIONAL TITLE pray, Mr. Speaker, for a soothing rain to extin- guish forever the fires of hatred. Mike Humphrey of the North Carolina Highway HON. NANCY L. JOHNSON With these examples fresh in our minds, we Patrol. On March 31, 2002, Sergeant Hum- marvel at the strength and character of the phrey retired after serving the people of North OF CONNECTICUT Jewish people. Their steadfast determination Carolina for over twenty-eight years. IN THE HOUSE OF REPRESENTATIVES to rebuild their lives following the Holocaust Mike Humphrey was a decorated officer, Tuesday, April 9, 2002 has given the world a remarkable model of re- who spent his career ensuring that the people Mrs. JOHNSON of Connecticut. Mr. Speak- solve. Through their example, we can glimpse and the roads of North Carolina were safe. In er, I rise to pay tribute to the outstanding ac- the extraordinary human spirit that rises above 1977, Sergeant Humphrey was honored with complishments of the University of Con- the fruitlessness of anger and resentment. the Law Enforcement Officer of the Year necticut Women’s Basketball Team, who on With this day and with our deeds we honor Award. In addition, Sergeant Humphrey serves Sunday March 31st defeated the Oklahoma that spirit. Mr. Speaker, we observe Yom Ha on the North Carolina Seventh Congressional Sooners to win the NCAA tournament. They Shoah to always remember and never forget. District Law Enforcement Advisory Committee, finished the season with a perfect record of I am proud to recognize Yom Ha Shoah and where he is a positive voice for the law en- 39–0. I urge my colleagues, and all Americans, to do forcement community. Protecting lives and pa- I would like to offer special congratulations the same. trolling our communities were not only the to Head Coach Geno Auriemma who won his f passion of Sergeant Humphrey, but also that third national title, and to Seniors Sue Bird, of his father. The Humphreys were the first fa- Swin Cash, Asjha Jones, and Tamika Williams TRIBUTE TO JULIE ROCHE ON HER ther and son to serve simultaneously in the who have had a most remarkable four years. U.S. CITIZENSHIP history of the North Carolina Highway Patrol. Mr. Speaker, these extraordinary young We owe Sergeant Mike Humphrey our sin- women do not need me to tell them that they HON. MARK UDALL cere appreciation for his twenty-eight years of are champions, or that their accomplishments OF COLORADO committed service to our state. His determina- are appreciated. Surely all the sold-out games, IN THE HOUSE OF REPRESENTATIVES tion, devotion, and dedication to the people of the sea of blue and white that filled the Alamo North Carolina should serve as an example to dome during the Final Four and the 150,000 Tuesday, April 9, 2002 us all. May God bless him and his family, and fans who turned out for the team’s victory pa- Mr. UDALL of Colorado. Mr. Speaker, I rise may God bless the great state of North Caro- rade made that clear. today to congratulate Julie Roche, a dedicated lina.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\K09AP8.005 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E469 IN CELEBRATION OF THE CAREER ship between the United States and India re- PAYING TRIBUTE TO TED DIAZ OF HON. DEE HARDISON ceived some long overdue recognition last weekend when Murli Deora was elected to the HON. SCOTT McINNIS HON. JANE HARMAN Raja Sabha, the Upper House of India’s Na- OF COLORADO OF CALIFORNIA tional Parliament. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES As our colleagues may recall, relations be- Tuesday, April 9, 2002 Tuesday, April 9, 2002 tween the United States and India went Mr. MCINNIS. Mr. Speaker, I would like to Ms. HARMAN. Mr. Speaker, I rise to cele- through difficult times during the 70’s and 80’s take this opportunity to honor an extraordinary brate the distinguished career of a spectacular because of the Cold War. We were, as former man whose passion for life and incredible individual—the Honorable Dee Hardison, who Ambassador Dennis Kux declared, ‘‘estranged human spirit is an inspiration to us all. Ted steps down today as mayor of the City of Tor- democracies.’’ Yet, even during the weakest of Diaz, a native Coloradan whose passion for rance. our great state is as constant and unyielding Mayor Hardison, whom I fondly and proudly times in our relationship with India, Murli as any I’ve ever known, recently passed an call my ‘‘sister,’’ and I have worked together Deora worked hard to bring our two nations impressive milestone, celebrating his eightieth closely over the last decade to serve the citi- together. His views were often times at odds birthday with a gathering of his friends and zens of Torrance and the greater South Bay with the foreign policy establishment in his community of Los Angeles County. Whether it family. country. Only during the past decade did the Ted was born on April 1st, 1922 in Delta, was fighting to keep the Los Angeles Air United States’ democracy finally draw close to Force base right where it is, to prevent a geo- Colorado, as one of twelve siblings. He at- the world’s largest democracy. In the process, graphic split in the 310 telephone area code, tended school in Silt, Colorado, and later or to support the Torrance public school sys- Murli Deora was vindicated. moved to Rifle, where he currently resides. tem, I have always treasured Dee’s advice, Mr. Speaker, Murli Deora has a long and Throughout his life, he has been the consum- passion, dedication and, most importantly, her distinguished career as a politician in India. mate athlete and good citizen, winning accolades in basketball, softball, bowling and hands-on approach. And speaking of dedica- Murli began his career in public service more tion, Mr. Speaker, how many mayors do you horseshoes, while always giving his time and than twenty-five years ago as the Mayor of energy to the community as a mentor and a know who would continue a 40-mile bike ride Mumbai, India’s largest city. Although Murli’s after tumbling off her bike during the first leg? friend. He coached the town’s American Le- Well, that is exactly what Mayor Hardison did public life has taken him to all parts of the gion baseball team, as well as the girls’ town one year during my biannual campaign bike world, he has never forgotten his roots or his team, and umpired high school games in both ride! love of this city of more than twelve million the spring and summer. For 27 years, he self- But besides biking, being a good friend, and people. A long time member of the Congress lessly gave his time to the community by reaching the ‘‘gold standard’’ of wife, mother Party, Murli remains President of the Mumbai marking the football field for high school and grandmother, Mayor Hardison has de- Regional Congress Committee, a grassroots games, and by volunteering to run the yard voted so much of her energy to her commu- party organization renowned in Indian politics. marker. In addition, he valiantly served in the nity. For nearly three decades, Dee shep- U.S. Army from his station in the Philippines. herded thousands of young people through Upon completing two terms as Mumbai’s While working for Re-2 for 27 years, Ted the Torrance Unified School District, including mayor, Murli was elected repeatedly to the was also involved in a number of philanthropic many years as a special education teacher. Lok Sabha, the Lower House of India’s par- activities. He is a member of the Elks, Knights While a teacher, she was appointed to the liament. During his many years as a Parlia- of Columbus and American Legion, and City of Torrance’s Planning Commission and mentarian, Murli distinguished himself as a served as commander of American Legion Parks and Recreation Commission. In 1986, skilled legislator. Among his many accomplish- and VFW. In addition, he volunteers his time she successfully ran for a seat on the City ments was passage of landmark legislation to at preschool in Rifle and in Glenwood Springs. Council and served there for eight years. Hav- open India’s insurance market to foreign in- Perhaps his greatest accomplishment, how- ing reached the limits on terms of service, she vestment. Murli also used his tenure in the ever, was marrying Jo, his lovely wife of 52 then successfully ran for Mayor, a post she years, and raising their son. Lok Sabha to become a tireless advocate for has held with distinction and grace. Mr. Speaker, it is with great pleasure that I While holding all these ‘‘day jobs,’’ Dee still stronger India-U.S. ties. He founded the India- bring to the attention of this body of Congress, found time to devote to many important com- U.S. Interparliamentary Forum and headed the the life and spirit of such an incredible man, munity organizations, including—but certainly Indo U.S. Initiative. When members of this who is always able to brighten and invigorate not limited to—the Torrance Cultural Arts Cen- body decided to band together to create the the lives of those around him. He is truly an ter Foundation, the Torrance Education Foun- Congressional Caucus on India and Indian inspiration to all of us, and I, along with the dation, the Torrance Sister City Association, Americans, Murli offered his encouragement many people whose lives he has touched, am the Rose Float Association, and the Torrance and support. As the current Co-Chairman of honored to recognize his tremendous accom- League of Women Voters. Finally, Dee distin- the Caucus, I can attest first hand to Murli’s plishment in reaching his eightieth birthday, guished herself as a regional leader, recently dedication, energy and foresight. and more importantly, his passion for life and completing a tour as Chair of the South Bay indomitable spirit. Cities Council of Governments, which has Mr. Speaker, the world has always been f been instrumental in developing regional solu- Murli’s forum. A former President of the Par- tions to the area’s transportation challenges. liamentary for Global Action, Murli has spent 50TH ANNIVERSARY OF THE KO- Mr. Speaker, I will miss having Dee as the the last three years working as a senior official REAN WAR COMMEMORATION— Mayor of the largest independent city in my of the Indian Red Cross and as International THANKING KOREAN HOSTS OF district. But I know she will continue to be an U.S. KOREAN WAR VETERANS active leader in the community be a ready Vice President for the Red Cross in Geneva. source of advice and counsel. With more Therefore, it is both fitting and appropriate that HON. CIRO D. RODRIGUEZ spare time, I hope she is improving her biking Murli has been elected without opposition to OF TEXAS skills and will join me again this fall on the the Raja Sabha. All of us who know Murli con- bike trail. gratulate him and welcome his induction into IN THE HOUSE OF REPRESENTATIVES f this senior most legislative body in India. I am Tuesday, April 9, 2002 MURLI DEORA JOINS INDIA’S confident that Murli will continue to immerse Mr. RODRIGUEZ. Mr. Speaker, I would like UPPER HOUSE himself in the pressing problems of hunger, to thank you for the kindness and hospitality disease, the underclass and economic devel- you showed our Korean War veterans during opment. And, I am certain that relations be- their visit to Korea. This commemoration is an HON. JIM McDERMOTT important reminder of the difficult time when OF WASHINGTON tween our two countries will also continue to the United States helped Korea fight Com- IN THE HOUSE OF REPRESENTATIVES occupy a central place in Murli’s busy world. munist aggression, and celebrates the victory As a result, we have much to look forward to, Tuesday, April 9, 2002 of democracy over an authoritarian dictator- and relations between our two countries will Mr. MCDERMOTT. Mr. Speaker, one of the ship. Since that terrible war, many Americans architects of the growing diplomatic relation- be the clear beneficiary. have had the privilege of serving in Korea,

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.103 pfrm04 PsN: E09PT1 E470 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 and I appreciate the outstanding support your EMPLOYEE-LEASING move into productive jobs, become self-reliant country has shown them. ORGANIZATION ACT OF 2002 and obtain independence. I am proud to say The Korean people and the United States that the bill that I am introducing today will do have been strong allies since the Korean War, HON. PHILIP M. CRANE just that. The legislation, based on the Administra- and this visit is symbolic of the many years of OF ILLINOIS tion’s proposal, strengthens work rules to en- friendship between our countries. A friendship IN THE HOUSE OF REPRESENTATIVES sure that all families are engaged in a full that was forged on the battlefield is now a Tuesday, April 9, 2002 week of work and other activities that will lead partnership based on freedom, and you are Mr. CRANE. Mr. Speaker, I rise to an- to self sufficiency. Families will be permitted to helping maintain the good relations between nounce introduction of the Employee-Leasing combine real work with education and training Korea and the United States. I am grateful for Organization Act of 2002. I’m pleased to note to help recipients advance in their jobs. In ad- the important part you played in making the that two very distinguished members of the dition, states will need to have plans achieving 50th Anniversary of the Korean War Com- Ways and Means Committee, Congressman the work related goals of TANF. States will be memoration a great success. BILL JEFFERSON and Congressman RON LEWIS encouraged to coordinate their TANF work have agreed to join me in introducing this im- programs with the One-Stop Career Center f portant legislation. system created through the Workforce Invest- Too many small businesses lose valuable ment Act of 1998, so that former recipients will TRIBUTE TO INTELLIGENCE SPE- time each day attending to administrative continue to have access to additional training CIALIST SECOND CLASS PAUL headaches. Likewise, many of those same resources. EUDALY small businesses are unable to provide bene- However, we know that families cannot fits to their employees due to their size. In re- maintain employment without reliable, safe cent years, the employee leasing industry has child care for their children. That is why this HON. GARY G. MILLER evolved to provide cost effective administrative bill will also maintain the unprecedented com- OF CALIFORNIA payroll/tax services and health and retirement mitment of federal support for child care by benefits to small businesses and their full-time authorizing $2.1 billion annually for CCDBG IN THE HOUSE OF REPRESENTATIVES employees. The bill I’m introducing will clarify for state child care programs. In addition, the Tuesday, April 9, 2002 the status of employee-leasing companies bill improves the program by helping target ability to provide these services. funds set-aside for quality activities and en- Mr. GARY MILLER of California. Mr. Speak- I encourage all of my colleagues to join me couraging states to address the cognitive er, I rise today to commend Intelligence Spe- in supporting this important legislation and tak- needs of young children so that they are de- cialist Second Class Paul Eudaly. ing a stand to help America’s small business velopmentally prepared to enter school. The owners and employees. bill also provides states maximum flexibility in This week, IS2 Eudaly completes a two year developing child care programs and policies assignment at the Naval Strike and Air War- f that best meet the needs of children and par- fare Center (NSAWC) at Naval Air Station INTRODUCTION OF THE WORKING ents. (NAS) Fallon, Nevada. His next duty station TOWARD INDEPENDENCE ACT OF Finally, the bill will provide significant new assignment will be on the island of Diego Gar- 2002 waiver authority for states to design programs cia located in the Indian Ocean. Since April that improve services to needy families. This 2000, IS2 Eudaly has served as the library HON. HOWARD P. ‘‘BUCK’’ McKEON provision will encourage states to continue the night shift supervisor at NSAWC. He has per- OF CALIFORNIA experimentation at the state and local level formed his demanding duties in an exemplary IN THE HOUSE OF REPRESENTATIVES that preceded the federal welfare reform ac- and highly professional manner. Petty Officer Tuesday, April 9, 2002 tion in 1996. Eudaly meticulously created the exercise Mr. Speaker, I urge my colleagues to sup- QUIVER target/threat database, which was Mr. MCKEON. Mr. Speaker, today, I am port this important legislation that enhances used to train over 500 naval personnel and 10 pleased to introduce the ‘‘Working Toward opportunities for families to move up the eco- carrier air wings. He also volunteered to de- Independence Act of 2002’’ to reauthorize the nomic ladder and access quality child care for ploy onboard the USS CONSTELLATION for work-related provisions of the Temporary As- their children. the Composite Training Unit Exercise, where sistance for Needy Families (TANF) block f he trained 30 additional intelligence personnel grant, and the Child Care and Development BELIEVING THAT PEACE IN THE on QUIVER’s application. Block Grant (CCDBG). This legislation will build upon the historic MIDDLE EAST IS INEVITABLE IS2 Eudaly has also served as the lead en- welfare reform law passed in 1996—a law that listed intelligence instructor at NAS Fallon for made a fundamental shift in policy by encour- HON. DARRELL E. ISSA air wing personnel recovery and combat aging personal responsibility and promoting OF CALIFORNIA search and rescue events. As the only en- work. For the first time in the history of social IN THE HOUSE OF REPRESENTATIVES listed instructor during the annual joint exer- welfare policy, benefits were tied to work. Be- cise Desert Rescue IX, he provided quality cause of the principle of ‘‘work first’’ and a Tuesday, April 9, 2002 support and accurate mission briefs for partici- purpose to help people better themselves, a Mr. ISSA. Mr. Speaker, I rise this evening, pants from 42 different commands. As the whole new culture of personal responsibility along with so many of my colleagues, to ex- NSAWC Division Training Petty Officer, his was created within the program. press my frustration and disgust with the situa- mentoring and innovative training methods The results have been nothing short of dra- tion that is currently boiling over in the Middle have resulted in 100 percent passing and a 73 matic. For example, there has been an historic East. How long can we allow this bloodbath to percent advancement rate during the last ex- decline in the welfare rolls; increases in em- continue? How long will we have to witness amination cycle. He has been a great mentor ployment for low-income single mothers, who Israeli families blown apart by maniacal, suici- to the junior enlisted personnel and has taken comprise the population most likely to need dal murderers; Palestinian children lying dead time to help many of the new sailors adjust to assistance; and a sustained decline in child on the street; young Israeli men and women their duties at NSAWC. poverty. Even with the robust economy of the buried alive in collapsed buildings; or Pales- late 1990’s, recent studies confirm that welfare tinian families huddling inside their homes, ter- Petty Officer Eudaly’s professionalism and reform is largely responsible for the declining rified to step out even to buy food? The latest devotion to duty reflected credit upon himself caseload and increase in work. The law’s pro- news of more people—human beings with and were in keeping with the highest traditions motion of work made the crucial difference in friends and family—who have been killed of the United States Naval Service. maximizing opportunities for welfare recipients. today is heartbreaking. The Israeli and Pales- Mr. Speaker, IS2 Eudaly is a model, sailor But there is work remaining for us to do. tinian people are on a downward spiral, head- and the U.S. Navy needs more young men Too many families receiving assistance are ing quickly toward that state of nature con- and women like him. Therefore, I ask that this not engaged in activities that will lead to self- ceived by Thomas Hobbes, where Palestinian 107th Congress join me in sincerely wishing sufficiency. This year, Congress must build and Israeli children born into the world can ex- IS2 Eudaly ‘‘fair winds and following seas’’ as upon the success of the 1996 law by providing pect only one thing: a life that is ‘‘nasty, brut- he moves to his next duty assignment. additional options for families on welfare to ish, and short.’’ This situation is an outrage.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.103 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E471 I am outraged that Hamas and other Pales- complishments before this body of Congress mous ‘‘Delano Grape Strike,’’ and The United tinian groups are spreading their poisonous and this nation. Farm Workers Organizing Committee lies of suicidal ‘‘martyrdom.’’ I am outraged For the last several years, Erin has con- (‘‘UFWOC’’) was formed. That same year, Ms. that some members of the Palestinian leader- ducted research that could have momentous Huerta negotiated the first UFWOC contract, ship are apparently using suicide attacks as a possibilities for those who suffer from Multiple marking the first time in U.S. history that a ne- tactical weapon against the Israeli people. Sclerosis. Erin found that certain corrections in gotiating committee comprised of farm workers This cult of martyrdom is disgusting and I vig- upper neck injuries may be able to reverse the negotiated a collective bargaining agreement orously condemn it. As President Bush stated progression of Multiple Sclerosis. Her findings with an agricultural corporation. so accurately last week, suicide bombers ‘‘are were published in the Journal of Vertebral In 1975 she lobbied against federal guest not martyrs, they are murderers.’’ I call on the Subluxation Research, a trade magazine avail- worker programs and spearheaded legislation Palestinian leadership to understand this fact able to the medical community discussing ad- granting amnesty for farm workers that had and acknowledge that these attacks are an vances and techniques in specific medical lived, worked, and paid taxes in the U.S. for assault on civilization itself. We cannot hope fields. The publication has created worldwide many years, but were unable to enjoy the to see progress in the Middle East until sui- interest for her research into vertebrae difficul- privileges of citizenship. These efforts eventu- cide bombings stop. As the elected and recog- ties and how they affect the nervous system. ally resulted in the Immigration Act of 1985. nized leader of the Palestinian people, Yasser Her findings are so impressive and remarkable Dolores Huerta has worked to better the Arafat must unequivocally denounce this bar- that as a result, the World Chiropractic Alli- lives of migrant workers using non-violence. ‘‘I barism and crack down on those who are un- ance has decided to honor her for her break- think we showed the world that nonviolence willing to cooperate. through findings. can work to make social change,’’ said Ms. At the same time, we cannot expect to see Mr. Speaker, it is clear that Dr. Erin Elster Huerta. an end to this horror until the Israeli govern- is a woman of unparalleled dedication and We wish to thank Dolores Huerta for her ment ends its military assault in the West commitment to her professional endeavors tireless efforts to achieve justice and dignity Bank. Too many Palestinian civilians have and to the people of her medical community. for migrant farm workers. ‘‘Si se puede!’’ needlessly suffered over the past few weeks. Her research efforts have the potential to alter f I am horrified at reports of Palestinian families and improve all of our lives and I am honored having their homes bulldozed over their to bring forth her accomplishments before this IN HONOR OF THE MADNA FAMILY heads, children being shot on their way to buy body of Congress and this nation. She is a re- bread, and families being forced out of their markable woman who has achieved extraor- HON. HENRY A. WAXMAN homes because their houses are being used dinary things in her career and it is my privi- OF CALIFORNIA as Israeli military outposts. Palestinian children lege to extend to her my congratulations on IN THE HOUSE OF REPRESENTATIVES have been witness to scenes that we can her selection as Researcher of the Year, and Tuesday, April 9, 2002 hardly bear to watch 6,000 miles away on tel- wish her all the best in her future endeavors. evision—scenes of their homes and homeland f Mr. WAXMAN. Mr. Speaker, it is with great destroyed, their friends and family killed in pleasure that I rise today, Holocaust Remem- TRIBUTE TO DOLORES HUERTA crossfire, their brothers and fathers taken brance Day, to share a remarkable story and away by the Israeli military, not knowing when honor two true heroes of the Holocaust. On or if they will return. This new generation of HON. ZOE LOFGREN April 14, Congregation Adas Israel, a syna- Palestinian youth will grow up with these im- OF CALIFORNIA gogue here in Washington, D.C., will add the ages burned into their psyches. They will HON. MICHAEL M. HONDA name of the Madna family to its Garden of the never forget them. This military assault may Righteous Monument honoring people who OF CALIFORNIA rescued Jews during the Nazi occupation. Rob bring short-term results, but it tears down the IN THE HOUSE OF REPRESENTATIVES long-term prospects for true reconciliation be- Madna will represent his family at the cere- Tuesday, April 9, 2002 tween Palestinians and Israelis. mony. Mr. Speaker, peace between these two Ms. LOFGREN. Mr. Speaker, today we rise During the war, the Madna family took in a proud peoples has seemed an impossible goal to recognize the achievements of Dolores nine-month old Jewish infant, Alfred Munzer, for so many decades. But I refuse to believe Huerta, co-founder and first Vice President who was born November 23, 1941 in The that peace is impossible. Over the past half- Emeritus of the United Farm Workers of Amer- Hague, capital of the then Nazi-occupied century, we have been witness to incredible ica, AFL–CIO (UFW). Dolores Huerta con- Netherlands, two weeks before Pearl Harbor, historical reconciliation between people who tinues to be a leader in the labor movement and two weeks before the United States de- we thought would always hate each other. I and works tirelessly to achieve social change. clared war on Japan and Germany declared stubbornly believe that peace in the Middle In 1955, she was a founding member of the war on the United States. East is inevitable. It may be elusive and it may Stockton, CA chapter of the Community Serv- By September 1942, when it had become be complicated, but it will happen and I, along ice Organization (‘‘CSO’’), a grass roots civil apparent that the Munzer family must go into with so many of my colleagues tonight, will re- rights organization. Recognizing the needs of hiding, baby Alfred was taken in by Indonesian joice when it does. farm workers at this time, Ms. Huerta orga- neighbors, the family of Tole Madna. The Madna family cared for him when his parents f nized and founded the Agricultural Workers Association in 1960. and older sisters were deported. Their nanny, PAYING TRIBUTE TO DR. ERIN It was through her work with the CSO that Mima Safna, cared for Alfred and three Madna ELSTER Ms. Huerta met Cesar Chavez. Recognizing children. Mima, a woman who could not read the need to organize farm workers, they or write and who hardly spoke any Dutch, be- HON. SCOTT McINNIS formed the National Farm Workers Association came Alfred’s mother. She kept a knife under OF COLORADO (‘‘NFWA’’), the predecessor to the UFW. her pillow and vowed that if ever the Germans IN THE HOUSE OF REPRESENTATIVES Together, Dolores Huerta and Cesar Cha- came to get the boy, she’d kill him and then vez founded the Robert F. Kennedy Medical herself. They called him Bobby, his Tuesday, April 9, 2002 Plan, the Juan De La Cruz Farm Worker Pen- ‘‘schullnaam’’—his name in hiding. Mr. MCINNIS. Mr. Speaker, I would like to sion Fund, the Farm Workers Credit Union, Dr. Munzer’s memories of life in the Madna take this opportunity to congratulate an out- the first medical and pension plan and credit house are happy ones. His toddler’s view of standing individual from my state whose hard union for farm workers. They also formed the the outside world was limited to what he could work and dedication to her field has produced National Farm Workers Service Center, Inc., a see by peaking through the mail slot in the awards and accolades throughout her medical community based affordable housing and front door. Even so, he found adventure hiding community. Dr. Erin Elster, a chiropractic re- Spanish language radio communications orga- quietly in a small cellar under the stairs while searcher from Boulder, Colorado, has just re- nization with five Spanish radio stations. the house was being searched by Nazi sol- ceived perhaps the highest honor in her field, Dolores Huerta also continued to lobby, and diers. as she has been named the World Chiro- in 1963 was instrumental in securing Aid for Although his sisters tragically died in con- practic Alliance’s 2001 Researcher of the Dependent Families and disability insurance centration camps and his father died a few Year. Erin’s research will produce extraor- for farm workers in California. months after the war ended, Alfred and his dinary advances throughout her medical com- In 1966, over 5,000 grape workers walked mother were reunited in August 1945 when he munity and I am honored to bring forth her ac- off their jobs in what is now known as the fa- was just three and-half years old. Nanny Mima

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.108 pfrm04 PsN: E09PT1 E472 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 stayed with them for a short time until her robbed, and murdered. While it is hard to Raja Sabha is a well deserved honor which death and Alfred and his mother came to the grasp how terrible those events must have some might say is long overdue. United States. He is currently is a physician been, what all of our children, and us must do Murli has enjoyed a distinguished career as specializing in diseases of the lung and is Di- is to listen to the stories of those few remain- a public servant in India and throughout the rector of the Pulmonary Medicine Department ing survivors of the Holocaust and ensure that world. A former mayor of Mumbai, India’s larg- at Washington Adventist Hospital in Takoma their stories and their suffering are a perma- est city, Murli served for many years in India’s Park, Maryland. He is also a past president of nent part of history. Lower House, the Lok Sabha, where he rose the American Lung Association. The Holocaust was not only the worst mur- to prominence in a number of areas, including Little is known about Tole Madna and der case in history, but it was also the biggest India-U.S. relations. Murli worked tirelessly to Mima’s religious beliefs. Madna adopted Ca- exploitation and theft. Jews and others were bring the world’s oldest democracy closer to tholicism very late in life and Mima probably enslaved-worked literally to death for various the world’s largest democracy. Murli carried on was Muslim. Neither had an advanced edu- companies. The Nazis liquidated millions of in- this effort even when relations between our cation. Neither had any great material wealth. surance policies with the assistance of insur- two countries grew distant during the Cold But both had the ability to hear and answer a ance companies, and millions of bank ac- War. Because of Murli’s foresight, countless human need. counts were seized. I am sad to say that, to politicians and business leaders in the United They exemplified the meaning of righteous- this date, there has been no restitution for the States have long sought his counsel and ad- ness. They were unwilling to ignore the cry of bulk of those crimes. Every year we observe vice on matters in India. a nine month-old child. Yom Ha-shoah, we are also reminded of those Mr. Speaker, as a former Chairman of the Mr. Speaker, please join me in honoring the survivors of the Holocaust who have passed Subcommittee on Asia and the Pacific, as well memory of Tole Madna and Mima Saina, two away during the previous year. as a former Co-Chairman of the Congres- true heroes of the Holocaust. Their story is a Negotiations to repay stolen assets are on- sional Caucus on India and Indian-Americans, testament to the very best in human values. going. But, unfortunately, the process is slow I can attest to the generous time and energy Murli has given to fostering ties between our f and many have been deprived of at least some measure of justice after enduring so two countries. I have also had the privilege of HOLOCAUST REMEMBRANCE much. Real and overdue progress on this front working with Murli when he served as Inter- requires the complete cooperation of foreign national President of Parliamentarians for HON. JANICE D. SCHAKOWSKY governments and multinational corporations, Global Action, a worldwide inter-parliamentary organization focusing on many critical issues OF ILLINOIS who have yet to own up to their role in the facing the world today. I also have watched IN THE HOUSE OF REPRESENTATIVES crime of the last century. The fact that some with great interest and much pride as Murli Tuesday, April 9, 2002 still deny responsibility or refuse full compliance with negotiations only adds to the suf- built a series of computer training centers in Mr. SCHAKOWSKY. Mr. Speaker, I rise fering and prolongs the justice those survivors many Indian cities to provide underprivileged today in solidarity with Jews across this nation deserve. children with free computer education. Mr. Speaker, for the last several years Murli and around the world to pay tribute to those As members of Congress, a critical respon- has immersed himself in the activities of the who perished at the hands of the Nazis during sibility we have this year is to closely evaluate Red Cross in India, where he has served as the Holocaust. Today in the nation’s Capital, the status of efforts to gain restitution for in- Vice-Chairman. A legendary fund raiser, Murli we gather to pay our respects with our Days surance policies that were sold to victims and secured critical funds to bring much needed of Remembrance ceremony. My district, the survivors of the Holocaust but were never relief for the victims of the devastating earth- 9th Congressional District of Illinois, is home paid. to perhaps the largest concentration of sur- There are still some 10, 000 survivors in Illi- quake which rocked Gujurat last year. His im- vivors in the country and certainly in the state, nois and roughly I 100 of them have filed portant work in India earned Murli the second and this day holds deep meaning for those in- claims for insurance. To my knowledge, only a highest position at the Red Cross’s inter- dividuals and the entire community. handful, 14 have received offers for payments. national headquarters in Geneva. Mr. Speaker, Murli Deora’s uncontested Recent events in the Middle East and This is an issue that is beyond urgency. election to the Raja Sabha is a crowning around the world underscore the importance There are serious problems that need to be achievement for a long and distinguished ca- of this day. Anti-Semitic and anti-Israel rhetoric resolved and Congress has a responsibility to reer in Indian politics. I am certain that all of and demonstrations continue in numerous make sure that is done so that those who our colleagues who are active in promoting countries. And while we respect the right of have lived to recall the Holocaust may also stronger ties between the United States and every person to be heard, the hateful displays have some measure of justice and dignity paid India join me in extending congratulations and throughout the world that are directed at the to them while they are still alive. best wishes to Murli and his family. I am con- Jewish people remind us that ‘‘Never Again’’ is We can not even attempt to repay them for fident that, as Murli ascends to this important not a guarantee, but a promise that we must the suffering and the loss. What we can do is legislative body, that the citizens of India will uphold through education, dialogue, and deter- honor holocaust victims and survivors first, by once again benefit from his longstanding ad- mination. It also reminds us that we must con- never allowing our children and future genera- vocacy for democracy, economic develop- tinue to strengthen the U.S. commitment to tions to forget what happened and by de- ment, social welfare and secularism. the security of Israel. Moreover, we must re- nouncing in the strongest of terms, rhetoric double our efforts to bring lasting peace to the and behavior that are tainted with the reminis- f Middle East. cence of the Nazi era. PAYING TRIBUTE TO VERNIE E. ‘‘Never Again’’ means that we must combat Today we honor and mourn those who per- ENSTROM hate wherever it exists. We must never turn a ished. We vow to live our lives in a way that blind eye to terror or discrimination. We must pays tribute to their memory and ensures oth- demand that our government hold those who HON. SCOTT McINNIS ers will not suffer their fate. OF COLORADO carry out acts of needless brutality account- f able. IN THE HOUSE OF REPRESENTATIVES While we must honor those who were lost MURLI DEORA ELECTED TO RAJA Tuesday, April 9, 2002 during the Holocaust by carrying on and living SABHA Mr. MCINNIS. Mr. Speaker, it is with pro- honorable and productive lives, we must also found sadness that I rise today to pay tribute honor them by carrying out measures to bring HON. GARY L. ACKERMAN to a matriarch and true friend of the Grand to justice those who were implicated and who OF NEW YORK Junction, Colorado community. Vernie E. profited from their suffering. And we must do IN THE HOUSE OF REPRESENTATIVES Enstrom recently passed away at the age of everything within our power to provide the ut- 97, and as her family mourns the loss, I would Tuesday, April 9, 2002 most measure of restitution for those who sur- like to take this moment to bring forth her vived the Nazi’s evil plan. Mr. ACKERMAN. Mr. Speaker, one of the good deeds and accomplishments before this The Holocaust was the most horrific human newest members Raja Sabha, the Upper body of Congress and this nation. Vernie was atrocity the world saw during the last century House of India’s national parliament is Murli a remarkable woman and I am honored to tell and perhaps in the history of the planet. Mil- Deora, who has been one of the United her story. lions of Jews and others were brutalized, States’ strongest advocates and closest To many Coloradans, Vernie E. Enstrom will raped, beaten, dehumanized, enslaved, friends for many years. Murli’s election to the forever be remembered as the co-founder of

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.110 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E473 Enstrom’s Candy Company, a company she Chan Nursery. After more than 30 years as a cording to Major Cleary’s commander, Richard started along with her late husband Chet in leader in the chrysanthemum and rose grow- B. Corbin, the Fast FAC was one of the most 1960. Vernie and Chet arrived in the City of ing business, Gordon’s entrepreneurial inter- demanding and productive missions in South- Grand Junction in 1929 to originally establish ests turned to real estate development, prop- east Asia, and ‘‘the hand-picked aircrews that the Jones-Enstrom Ice Cream Company. erty management, and the Mayflower Res- fly them are the most respected and highest Using their combined knowledge from the taurant Group. qualified personnel from each unit.’’ business, the two started Enstrom’s Candy, Gordon was a true community leader. Not On October 10, 1972, Major Cleary was as- which today serves as a local icon and model only was he a long-time member and multiple- signed as a Laredo Fast FAC over Quang company in the State of Colorado. term president of the Bay Area Chrysan- Binh Province on the coast of North Vietnam. Throughout her life, Vernie was well known themum Growers Association, he also served He had directed an air strike consisting of two through her community as a leader and dedi- on the Santa Clara County Farm Bureau, the F4 Phantoms on a coastal 130mm antiaircraft cated matriarch of her family. During her life, Santa Clara County Planning Commission, the site. He had completed an air-to-air refueling Vernie enjoyed the pleasure of her dearest 1990 Redistricting Commission, the Open and was flying on station awaiting a second passion, music, and was often found singing, Space Commission, the California Cut Flower air strike when he was cleared to return to as well as playing the piano and organ. In her Commission, and the County Fair Board. He base. He was tracked on radar going inland in time with Chet, who later became a state sen- was a founding member of the Chinese Histor- the vicinity of the city of Ron. Major Cleary did ator, she was always his loyal companion who ical and Cultural Project of San Jose, and not return and was declared missing in action. supported and prodded him to success in his served as chairman and interim director of Major Cleary is a highly decorated flyer. He business, political, and personal endeavors. Asian Americans for Community Involvement. earned three Distinguished Flying Crosses, She was the dedicated mother of her daughter Gordon was an active member of the First ten Air Medals, and the Purple Heart. Major Ann and son Emil whose daughter Jamee and Chinese Baptist Church of San Francisco for General Robert Marsh, United States Air husband Doug today are the proud operators over 40 years, and he was also quite active in Force, provided the citations to accompany of Enstrom’s Candy. She is further survived the San Francisco Chinatown, where he the award of the Distinguished Flying Cross and remembered by six grandchildren, 13 served on many Chinese benevolent associa- (basic through second Oak Leaf Cluster), the great-grandchildren, and three great-great tions. He was particularly active in the Hee Air Medal (first through ninth Oak Leaf Clus- grandchildren. Shen Benevolent Association, where he ter), and the Purple Heart during an awards Mr. Speaker, it is my privilege to pay tribute served as college scholarship chairman. Gor- ceremony at Hanscom Air Force Base in Bed- to Vernie E. Enstrom for the great strides she don was a state guest at the 50th anniversary ford Massachusetts on November 2, 1979: took in establishing herself as a valuable lead- of the People’s Republic of China, where he ‘‘The Distinguished Flying Cross is awarded er in the Grand Junction community. Her dedi- was awarded an honorary doctorate. for extraordinary achievement while partici- cation to family, friends, work, and the com- All in all, Gordon N. Chan was a remarkable pating in aerial flight as an F–4D Aircraft Com- munity certainly deserves the recognition of man whose contributions to American society mander over hostile territory on July 26, 1972. this body of Congress and a grateful nation. were invaluable. He lives on in our collective On that date, Major Cleary controlled six Although Vernie has left us, her good-natured memory, providing a true role model for young flights of strike aircraft in the heavily defended spirit lives on through the lives of those she minorities in this country, and especially in the Quang Khe area of North Vietnam. In spite of touched. I would like to extend my regrets and California Bay Area. And the groundwork he nearly unworkable weather conditions and deepest sympathies to Vernie’s family and has laid for members of the Chinese American heavy antiaircraft fire from the region, he di- friends during their time of bereavement and community in the American political realm will rected the destruction of one petroleum pump- remembrance. She was a remarkable woman continue to serve as an enduring foundation ing station, two ferry landings, one river craft and she will be greatly missed. for years to come. storage area, and one large river craft. f f The Distinguished Flying Cross (First Oak Leaf Cluster) is awarded for heroism while IN MEMORY OF GORDON N. CHAN HONORING MAJOR PETER CLEARY participating in aerial flight as an F–4D Aircraft OF CONNECTICUT Commander deep within hostile territory on HON. MICHAEL M. HONDA October 7, 1972. On that date, Major Cleary OF CALIFORNIA HON. JOHN B. LARSON was assigned to an extremely hazardous and IN THE HOUSE OF REPRESENTATIVES OF CONNECTICUT important forward air controller mission in an F–4 Phantom aircraft over Quang Khe, North Tuesday, April 9, 2002 IN THE HOUSE OF REPRESENTATIVES Vietnam. He successfully located and directed Tuesday, April 9, 2002 Mr. HONDA. Mr. Speaker, it is with great the destruction of a hostile surface-to-air mis- sadness that I rise today to remember an old Mr. LARSON of Connecticut. Mr. Speaker, I sile site. With complete disregard for personal and dear friend of mine, Mr. Gordon Nom rise today to honor and pay tribute to Major safety, in the face of numerous rounds of anti- Chan, who passed away suddenly on Decem- Peter McArthur Cleary, United States Air aircraft fire, Major Cleary intentionally exposed ber 24, 2001. Gordon’s life was distinguished Force Reserves, of Connecticut, who had himself in order to offer more protection to by his service to others, and his contributions been missing in action in North Vietnam since other flyers as they expended their ordnance. to the community will be greatly missed. Com- October 10, 1972. As a boy growing up I knew The Distinguished Flying Cross (Second ing from a family that has been exemplary in Peter and his family. In February 2002, his Oak Leaf Cluster) is awarded for extraordinary community service for three generations, Gor- family was provided a report from the United achievement while participating in an aerial don was a longtime community and political States Army Central Identification Laboratory, flight as an F–4D Aircraft Commander over leader in Santa Clara County, and one of the which concluded that the crash site and re- hostile territory on June 18, 1972. On that most prominent Chinese American leaders in mains of Major Cleary have been positively date, Major Cleary flew an important and ex- the California Bay Area. identified. The crash site is located in the vi- tremely hazardous strike mission directed Gordon Chan immigrated to the United cinity of Dan Hoa Hamlet, Y Leng Village, against a heavily defended hostile military States from Macau in 1947 at age twelve, to Minh Hoa District, Quang Binh Province, So- supply depot deep within hostile territory. De- help his father in Northern California. While cialist Republic of Vietnam. The grid coordi- spite intense antiaircraft artillery fire and the growing up, Gordon worked forty hours a nates are 48Q WE 83141/60666. The family of constant threat of lethal surface to air missiles, week at the family farm while attending Major Cleary has accepted the report and Major Cleary delivered all ordnance precisely school. He attended Menlo-Atherton High Major Cleary will be buried in Arlington Na- on target, resulting in the destruction of vast School, the College of San Mateo, and Cali- tional Cemetery on April 12, 2002. quantities of military supplies and equipment fornia Polytechnic University in San Luis Major Cleary was a pilot attached to the of critical value to the opposing armed force. Obispo, where he met the love of his life, 523rd Tactical Fighter Squadron at Udom Air- The Air Medal (First through Ninth Oak Leaf Anita. He graduated from Cal Poly in 1959 field, Thailand. Major Cleary flew Fast Forward Cluster) is awarded for meritorious achieve- with a B.S. degree in ornamental horticulture, Air Control (Fast FAC) missions in F–4 Phan- ment while participating in aerial flight from and he married Anita on December 27, 1959. toms over North Vietnam. His tour was from March 19, 1972 to October 1972. During this Gordon began serving his fellow Americans March 1972 to October 10, 1972. period, the airmanship and courage exhibited when he was drafted into the United States The mission of the Laredo Fast FACS was by Major Cleary in the successful accomplish- Army in 1959. Following two years of service, to fly alone over North Vietnam and identify ment of these important missions, under ex- he joined the family flower business, T. S. and direct air strikes on enemy targets. Ac- tremely hazardous conditions, demonstrated

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\K09AP8.008 pfrm04 PsN: E09PT1 E474 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 his outstanding proficiency and steadfast de- supply in the world market, in accordance with prices only acts to hurt that economy. The oil- votion to duty. requests made by the OPEC cartel, adversely producing countries of the world have an obli- The Purple Heart is awarded for wounds re- affect the national security of the United gation to stabilize the world price of oil so that ceived in action on October 10, 1972.’’ States and the world economy. These coun- there is a continued demand for their product. Major Peter McArthur Cleary, the oldest of tries must be informed of the affects of their oil If they do not do this, their economies will suf- four children, was born on June 27, 1944 at export cutbacks. fer along with ours. Hartford Hospital in Hartford, Connecticut. His As OPEC and non-OPEC countries collude parents, John McArthur Cleary and Helen to boost oil prices they actually harm the world f Fifield Cleary lived in East Hartford, Con- economy and, in the long run, their own bot- necticut at the time of Peter’s birth. In the late tom lines. It is estimated that every 10-cent a TERRORISM RISK PROTECTION 1940s, they moved to Higbie Drive in gallon increase of gasoline at the pump in the ACT Mayberry Village in East Hartford. It is here United States costs motorists $13 billion annu- that I first met Peter. Major Cleary had two ally. This spring, gasoline prices have jumped HON. JUDY BIGGERT brothers William and Tom, who were my age, from an average of about $1.00 to over $1.30 as well as a sister Maureen (now known as nationwide. This price spike alone is putting a OF ILLINOIS Cleary M. Donovan). Mayberry was a small drag on the U.S. economy. If some estimates IN THE HOUSE OF REPRESENTATIVES community teeming with baby-boomers, many hold true, the price Americans face at the Tuesday, April 9, 2002 of Irish decent. Flanagan, Grady, Kelly, pump may rise to an average of $1.60 per gal- Dagon, and Shaughnessey, all made up the lon this summer. This economic burden will hit Mrs. BIGGERT. Mr. Speaker, I rise today in neighborhood I recall with great fondness. In Americans in the wallet like a new $78 million support of H.R. 3210, the House-passed ter- fact, John Cleary wrote a piece about tax! Oil producers must be reminded that any rorism insurance legislation. As President Mayberry for the Hartford Times. Its focus was slowing of the U.S. economy will simply lessen Bush noted in a press conference yesterday, family life in the Mayberry neighborhood. In the demand for their product and will nega- without a terrorism insurance bill, there will 1956, the family moved to Colchester, Con- tively impact their corporate bottom line in the continue to be a significant drag on our econ- necticut. John and Helen Cleary lived in end. omy. Colchester until their deaths in 1984 and I am troubled most that many of the oil-pro- Without coverage, the economic impact of 2001, respectfully. Major Cleary attended ducing countries that collude to boost prices at another terrorist attack would be very serious. grade school in Colchester. He spent his high the American gas pump are actually close The U.S. could face a string of bankruptcies, school freshman and sophomore years at St. American allies. Countries like Mexico, Nor- loan defaults and layoffs that would intensify Bernard High School in New London, Con- way, Saudi Arabia, the Unites Arab Emirates the blow of the attack. necticut. Major Cleary then attended Mother of and Venezuela have gotten together and col- One segment of the economy that can least the Savior Seminary in Blackwood, New Jer- lectively bargained to reduce their output to afford to live without terrorism coverage is our sey. Upon graduation in 1962, he began boost prices. Furthermore, these countries had public self-insured risk pools. These risk studying to be an Edmundite priest at St. the audacity to do this at precisely the time pools—more than 125 operating in forty-one Edmund’s in Mystic, Connecticut. Major Cleary that the United States economy was struggling states—help local governments, school dis- left after one year and transferred to St. Mi- to recover from the effects of the September tricts, housing authorities, and other public en- chael’s College in Winooski, Vermont. He 11, 2001 terrorist attacks. To those Arab allies tities to provide necessary insurance protec- graduated in 1967 with a Bachelor of Arts De- we fought to defend and liberate a decade tion. These entities would be hurt the most by gree in English. Although Major Cleary moved ago, we must say, ‘‘stop gouging us at the layoffs due to lack of prevention prior to an many times in his young life, he considered pump.’’ Moreover, we expect you to make up unforeseen terrorist attack. Colchester, Connecticut his hometown. any shortfall in oil exports to our country re- These risk pools provide coverage to those Major Cleary married Barbara Kingsley of sulting from Saddam Hussein’s latest political most often at greatest risk—police officers, Yantic, Connecticut in 1967. They had two gimmick—a 30 day boycott of exports. To our firefighters, and emergency medical per- beautiful children, a son Sean and a daughter non-OPEC allies around the world, such as sonnel—as well as teachers and students, Paige. Mexico, we say the path to your country’s eco- municipal employees, and many others. We all I would urge my colleagues to join me today nomic progress lies with us and not with know that these public entities cannot absorb in recognizing and honoring the sacrifices of OPEC. We also ask you to desist in oil output the costs of terrorism risk across their mem- Major Cleary and his family, and in welcoming restrictions in which you recently engaged at bership base. I have heard from several risk him home. It is a great honor for me to record the request of the OPEC cartel and that you pools in my state that are desperate for help. in the Congressional Record the achievements help make up any shortfall from Iraq oil restric- In Illinois, the Assisted Housing Risk Manage- of this American Hero, and salute his family. tions as well. ment Association (AHRMA) no longer has cov- Arlington National Cemetery is a long way Mr. Speaker, I urge the House of Rep- erage for an act of terrorism. That self-insured from Mayberry Village and Higbie Drive, and resentatives to pass my resolution in order to pool covers public housing authorities across while Major Peter Cleary will lie at rest with send a message to OPEC that this body will my state. the nation’s heroes, we who remain will for- not accept practices that hold our economy ever carry his memory in our hearts. hostage. The Illinois School District Agency (ISDA), a self-insured risk pool covering public school f My resolution also urges the Senate to act and pass comprehensive energy legislation, districts in Illinois, has been told that its July INTRODUCTION OF HOUSE RESO- such as H.R. 4, which was agreed to by the 1st renewal will have a terrorism exclusion. LUTION ON UNITED STATES EN- House of Representatives on August 2, 2001. And the Department of Insurance in Illinois is ERGY INDEPENDENCE A comprehensive national energy policy like now allowing the exclusion of terrorism cov- that proposed in H.R. 4 will help make the erage in new and renewal policies. So my HON. GEORGE W. GEKAS United States more energy self-sufficient and state becomes one of 45 states that are allowing such exclusions to be written into policies. OF PENNSYLVANIA less dependent on foreign sources of oil. The need for Congress to act has never IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, this country’s best course of action lies in becoming independent of foreign been greater. Large, self-insured pools and in- Tuesday, April 9, 2002 oil. The OPEC foreign cartel has operated be- dividual self-insurers such as the City of Chi- Mr. GEKAS. Mr. Speaker, I rise today to an- yond the scope of our law and has worked in cago will pay as much as four times their ex- nounce the introduction of legislation address- contravention of free market forces for dec- piring premium to buy the additional coverage ing an issue of longstanding concern to me: ades. The Senate can help to get us closer to necessary in the coming year. Make no mis- America’s dependence on foreign sources of the goal of energy independence by passing take—public self-insured risk pools are more oil. H.R. 4. In the meantime, our allies must be- vulnerable than other entities. They provide The resolution I am introducing tonight calls come independent of OPEC. I urge our allies enormous savings to taxpayers. on President Bush to remind those oil export- to recognize the fact that it is in their best in- I am hopeful that Congress will pass this bi- ing nations who are our allies that decisions terest to have a strong U.S. economy and that partisan legislation soon and send it to the they have made recently to restrict crude oil reducing production or boosting petroleum President’s desk as he has requested.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A09AP8.116 pfrm04 PsN: E09PT1 April 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E475 TRIBUTE TO FRANCISCO PANCHO vided support to people like me who dared to to fuel extremism. Only on that side of the line MEDRANO cross the color lines of Texas politics. Pancho do mothers celebrate the suicides of their chil- Medrano offered his support and counsel dren. Only on that side of the line did men and HON. EDDIE BERNICE JOHNSON when I decided to run for the Texas House of women cheer in jubilation when the World OF TEXAS Representatives in 1972, he stood by my side Trade Center towers collapsed. IN THE HOUSE OF REPRESENTATIVES when I ran for Texas Senate in 1986, and he On that side of the line, Mr. Speaker, are was a tremendous friend to me when I made governments who embrace tyranny. On our Tuesday, April 9, 2002 my run for Congress a decade ago. I couldn’t side, are governments that cherish democ- Ms. EDDIE BERNICE JOHNSON of Texas. have come this far without him. racy. On one side are those who invest power Mr. Speaker, I rise to commemorate the pass- Mr. Speaker, when we think about Pancho in bombings, on our side are governments ing of a great American, a mentor and a Medrano, we think about justice, courage and who invest power in voting. On one side are friend, Mr. Francisco ‘‘Pancho’’ Medrano. The civic activism. His work to end discrimination those who leave their people behind in squalor nation has lost a legendary civil rights pioneer and prejudice has had a profound and lasting and despair; on our side of the lines are gov- with the death of Mr. Medrano, who dedicated effect on the lives of millions of Americans, ernments, comprised of all religions, who pro- his life to eradicating prejudice and intolerance and we will miss him dearly. His death on mote literacy, job expansion, economic devel- in this country and fought mightily for fairness Thursday, April 4th, at the age of 81 is a great opment, education, technology, and an ability and equality for America’s working men and loss for the city of Dallas, and a great loss for for their citizens to compete in a global econ- women. the nation. omy. Mr. Medrano rose to great heights from f On one side of the line are those who vio- humble beginnings, defying discrimination at lently reject religious freedom, diversity, plu- every turn along the way. He was a native to WE MUST STAND BY OUR ALLY ralism, a respect for different opinions, or Dallas, born in 1920 to Mexican immigrants ISRAEL room for different faiths. On the other side are who taught their young son the value of hard those who believe that a diversity of ideas and work as they headed northward to Michigan HON. STEVE ISRAEL beliefs makes us a better civilization. Indeed, each year as migrant laborers. When Mr. OF NEW YORK America’s great gift to the world was the revo- Medrano was able to return to Dallas, he IN THE HOUSE OF REPRESENTATIVES lutionary notion that freedom and liberty pro- came back to a community that refused to let Tuesday, April 9, 2002 hibits religious tests. him swim in a public swimming pool or watch Earlier today, I gathered in the Capitol Ro- an evening movie in the park because he was Mr. ISRAEL. Mr. Speaker, over the past few tunda with members of the President’s Cabi- Hispanic. At the age of 16, he was told by a weeks, columnists and pundits have taken to net and our colleagues in the House and Sen- school principal he was ‘‘too poor’’ to attend the airwaves to proclaim the Middle East crisis ate, to commemorate and remember those public schools, so he went to work at a rock as complex and complicated. Analysts have who perished in the Holocaust. During the quarry for 25 cents an hour. discussed the difficulties our government has ceremony, Elie Wiesel said: ‘‘Those who kill in Soon after, he became one of only a hand- in balancing conflicting interests and equities the name of their god make God a killer.’’ He ful of minority workers on the line as an air- that have polarized a historic conflict between is right. craft jig builder, where he often had to do a two peoples. Mr. Speaker, it is time to return to basics. two-person job by himself because no one Mr. Speaker, I couldn’t disagree more. Through thick and through thin, we only have would work with a Mexican-American. And, Indeed, I view this controversy in basic one truly democratic ally in the Middle East. while at the aerospace plant, he fought preju- terms. Only one nation there shares our fundamental dice—literally—as a champion prizefighter who On September 11, a line was drawn in the values of elections, education, economic op- used his notoriety to integrate sporting events sand. portunity, women’s rights, and religious free- in Dallas. In the sands of the Middle East and in the dom. Mr. Medrano had an illustrious five-decade rubble of the World Trade Center and the At a critical time, our role should be to stand career as a union organizer and civil rights Pentagon. firmly with our ally while encouraging Arab and representative with the United Auto Workers. The line does not divide religious groups. It Palestinian leaders to resume negotiations During his tenure with the UAW, he became a does not divide cultures. rather than bombings to reach the ultimate national leader. He marched alongside Dr. It does divide values. It divides extremists goal of stability, autonomy, peace, and a place Martin Luther King, Jr. during the civil rights and fanatics from the civilized world. on the civilized side of the line that was drawn movement, fought for fair labor standards on On one side are those who deliberately and in the sand on September 11. carefully target innocent civilians for death— the farms of Texas and California with Cesar f Chavez, worked tirelessly to advance workers’ whether they were reading memos at their rights in the automobile industry, and spent desks in the World Trade Center in Manhat- WE MUST CONTINUE TO SUPPORT decades promoting civic activism in the Dallas tan; or reading from the Hagaddah at a Pass- ISRAEL area. over table in Netanya, Israel. Yet, for as much as he achieved in his life, When terrorists crossed that line on Sep- HON. JOE KNOLLENBERG Mr. Medrano never forgot the inequities of his tember 11 and attacked our people, the full OF MICHIGAN childhood. He fought for the rights of all work- military might of the United States government IN THE HOUSE OF REPRESENTATIVES ers to peaceably demonstrate, broke racial was dispatched to retaliate against those at- membership barriers in labor unions, worked tacks and prevent future attacks. We routed Tuesday, April 9, 2002 to defeat the poll tax and fostered civic partici- out terrorists in caves and tunnels. Similarly, Mr. KNOLLENBERG. Mr. Speaker, the situ- pation in the minority community. His keen when terrorists crossed that line on seven dif- ation in the Middle East has deteriorated dra- sense of justice caused him to work on behalf ferent days in seven different places in Israel, matically in recent weeks. Secretary of State of African-Americans with as much fervor as the same standard applied. There simply is no Colin Powell is now on a mission to the re- he worked on behalf of Mexican-Americans, moral difference. Targeting innocent men, gion. President Bush made the right decision and his inspirational legacy is a challenge to women, children and elderly for a savage at- to send him there, and now we must be very all of us to continue to fight for social and eco- tack is terrorism pure and simple. It doesn’t clear about the cause of the current conflict, nomic justice for people of all races. matter where it occurs, when it occurs, or now it its nineteenth month. As difficult and Mr. Medrano shared with me a fervent belief under what circumstances it occurs. It has no complex as the Middle East is, what’s needed in the importance of voting rights and civic ethical defense. It has no other definition. In most is very simple: an end to Palestinian ter- participation, and it is important that we strive the interests of our own place in the world, in rorism. to emulate the work that he has done in this the interests of our own security, in the inter- Despite the commitments Yasir Arafat has area. Just last week, though he was des- est of our own defense, we must combat and made to fight against terror, his actions have perately ill with the cancer that ultimately took work with others to combat terrorism without not met his words. Time and time again he’s his life, Mr. Medrano went to the polls and equivocation. passed up opportunities, betraying the people cast his ballot in the Texas Democratic Senate On one side of the line are those who teach he’s supposed to lead. Because he has failed runoff election. He fought to get Dallas resi- their children to hate. Who feed their children to join the fight against terror, Israel has been dents of all races and backgrounds more in- a steady diet of intolerance. Who use class- forced to fight it for him. As Secretary Powell volved in the political process, and he pro- rooms to poison minds, to reject compromise, heads to the region, he has another chance.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.119 pfrm04 PsN: E09PT1 E476 CONGRESSIONAL RECORD — Extensions of Remarks April 9, 2002 I, along with my colleagues in Congress, will Every Arab government must step forward in word and deed against terrorist networks be watching closely to see if Arafat has and do everything in their power to stop the and terrorist acts. changed his ways. Palestinian terrorism, and terrorism around the As President Bush has said, time and again, We must also remember, not all Palestin- world. Stop encouraging, stop inciting, stop fi- the nations of the world must decide: they’re ians support terrorism. The problem is with the nancing. Governments such as Iraq that re- Palestinian leadership. There are plenty of ward parents for convincing their children to either with us or they’re with the terrorists. But Palestinians that, like Americans and Israelis, kill innocent people is one of the most horrible every day we see suicide bombers killing inno- want to go to work, earn a living and build a things imaginable. Suicide bombers are not cent Israelis. Israel has rightfully taken action family. We need to work with these people martyrs, they’re murderers. When Iran uses to stop the bombing of innocent Israeli citi- and find ways to support them, so we can Hezbollah to ship 50 tons of weapons to Pal- zens. America has asked the world to join us hope for a new generation of Palestinian lead- estinian terrorists, it’s obvious they’re only in the fight against terrorism. Israel is on the ership that realizes the only way to achieve a paying lip service to the idea of stopping ter- front lines. We must continue to support Israel, Palestinian state is to fight terrorism and em- rorism. Iraq, Iran, Syria, and all the countries financially, diplomatically, and by whatever brace peace with Israel. in the region must choose and act decisively means are necessary.

VerDate 112000 06:37 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A09AP8.123 pfrm04 PsN: E09PT1 Tuesday, April 9, 2002 Daily Digest Senate Landrieu/Kyl Amendment No. 3050 (to Amend- Chamber Action ment No. 2917), to increase the transfer capability Routine Proceedings, pages S2375–S2423 of electric energy transmission systems through par- Measures Introduced: Six bills and three resolu- ticipant-funded investment. Page S2389 tions were introduced, as follows: S. 2075–2080, S.J. Graham Amendment No. 3070 (to Amendment Res. 34, and S. Res. 232–233. Pages S2412–13 No. 2917), to clarify the provisions relating to the Measures Passed: Renewable Portfolio Standard. Page S2389 Reid Modified Amendment No. 3081 (to Amend- Congratulating the University of Connecticut ment No. 2989), in the nature of a substitute. (By Women’s Basketball Championship: Senate agreed 40 yeas to 59 nays (Vote No. 60), Senate earlier to S. Res. 232, congratulating the Huskies of the failed to table the amendment.) Pages S2389–S2402 University of Connecticut for winning the 2002 NCAA Division I Women’s Basketball Champion- A unanimous-consent-time agreement was reached providing for further consideration of the bill at 9:15 ship. Pages S2381–82 a.m., on Wednesday, April 10, 2002, with a vote on Congratulating the University of Maryland the motion to close debate on Feinstein Modified Men’s Basketball Championship: Senate agreed to Amendment No. 2989 (listed above), to occur at S. Res. 233, congratulating the University of Mary- 9:45 a.m. Further, second degree amendments to land Terrapins for winning the 2002 NCAA Basket- Feinstein Modified Amendment No. 2989 (listed ball Championship. Pages S2418–20 above), may be filed until 9:30 a.m. Page S2402 Energy Policy Act: Senate continued consideration Messages From the President: Senate received the of S. 517, to authorize funding for the Department of Energy to enhance its mission areas through tech- following messages from the President of the United nology transfer and partnerships for fiscal years 2002 States: through 2006, taking action on the following Transmitting, pursuant to law, a report detailing amendments proposed thereto: Pages S2389–S2402 the progress of spending by the executive branch Pending: during the last two quarters of Fiscal Year 2001 in Daschle/Bingaman Further Modified Amendment support of Plan Columbia; to the Committee on For- No. 2917, in the nature of a substitute. eign Relations. (PM–79) Page S2410 Pages S2389–S2402 Transmitting, pursuant to law, a report prepared Feinstein Modified Amendment No. 2989 (to by the National Science Board entitled ‘‘Science and Amendment No. 2917), to provide regulatory over- Engineering Indicators–2002’’; to the Committee on sight over energy trading markets and metals trad- Commerce, Science, and Transportation. (PM–80) ing markets. Page S2389 Page S2410 Kerry/McCain Amendment No. 2999 (to Amend- Nominations Received: Senate received the fol- ment No. 2917), to provide for increased average lowing nominations: fuel economy standards for passenger automobiles Sharon Brown-Hruska, of Virginia, to be a Com- and light trucks. Page S2389 missioner of the Commodity Futures Trading Com- Dayton/Grassley Amendment No. 3008 (to mission for the remainder of the term expiring April Amendment No. 2917), to require that Federal 13, 2004. agencies use ethanol-blended gasoline and biodiesel- blended diesel fuel in areas in which ethanol-blended John Peter Suarez, of New Jersey, to be an Assist- gasoline and biodiesel-blended diesel fuel are avail- ant Administrator of the Environmental Protection Agency. able. Page S2389 Lott Amendment No. 3028 (to Amendment No. Steven J. Simmons, of Connecticut, to be Member 2917), to provide for the fair treatment of Presi- of the Broadcasting Board of Governors for the re- dential judicial nominees. Page S2389 mainder of the term expiring August 13, 2003. D297

VerDate 11-MAY-2000 06:12 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP2.REC pfrm04 PsN: D09AP2 D298 CONGRESSIONAL RECORD — DAILY DIGEST April 9, 2002 Ned L. Siegel, of Florida, to be a Member of the Record Votes: One record vote was taken today. Board of Directors of the Overseas Private Invest- (Total—60) Page S2397 ment Corporation for a term expiring December 17, Adjournment: Senate met at 10 a.m., and ad- 2003. journed at 6:03 p.m., until 9:15 a.m., on Wednes- Jack C. Chow, of Pennsylvania, for the rank of day, April 10, 2002. Ambassador during his tenure of service as Special Representative of the Secretary of State for HIV/ AIDS. Committee Meetings Stuart D. Rick, of Maryland, to be a Member of the Merit Systems Protection Board for the term of (Committees not listed did not meet) seven years expiring March 1, 2007. DEFENSE POLICIES AND PROGRAMS Lillian R. BeVier, of Virginia, to be a Member of the Board of Directors of the Legal Services Corpora- Committee on Armed Services: Committee concluded tion for a term expiring July 13, 2004. hearings to examine Department of Defense policies Robert J. Dieter, of Colorado, to be a Member of and programs to transform the Armed Forces to the Board of Directors of the Legal Services Corpora- meet the challenges of the 21st Century, after receiv- tion for a term expiring July 13, 2002. ing testimony from Paul D. Wolfowitz, Deputy Sec- Robert J. Dieter, of Colorado, to be a Member of retary of Defense; Gen. Peter Pace, USMC, Vice the Board of Directors of the Legal Services Corpora- Chairman, Joint Chiefs of Staff; VAdm. Arthur K. tion for a term expiring July 13, 2005. (Reappoint- Cebrowski, USN (Ret.), Director of Force Trans- ment) formation, Office of the Secretary of Defense; Gen. William F. Kernan, USA, Commander-in-Chief, Thomas A. Fuentes, of California, to be a Member United States Joint Forces Command; Andrew F. of the Board of Directors of the Legal Services Cor- Krepinevich, Center for Strategic and Budgetary As- poration for a term expiring July 13, 2002. sessments, Washington, D.C.; and Loren B. Thomp- Thomas A. Fuentes, of California, to be a Member son, Lexington Institute, Arlington, Virginia. of the Board of Directors of the Legal Services Cor- poration for a term expiring July 13, 2005. (Re- DEFENSE AUTHORIZATION appointment) Committee on Armed Services: Subcommittee on Michael McKay, of Washington, to be a Member SeaPower concluded hearings on proposed legislation of the Board Directors of the Legal Services Corpora- authorizing funds for fiscal year 2003 for the De- tion for a term expiring July 13, 2004. partment of Defense, focusing on Navy equipment Frank B. Strickland, of Georgia, to be a Member required for fielding a 21st century capabilities-based of the Board of Directors of the Legal Services Cor- Navy, after receiving testimony from Adm. Vernon poration for a term expiring July 13, 2004. E. Clark, USN, Chief of Naval Operations, Maj. Ray Elmer Carnahan, of Arkansas, to be United Gen. William A. Whitlow, USMC, Director, Expe- States Marshal for the Eastern District of Arkansas ditionary Warfare Division, Office of the Deputy of for the term of four years. Chief of Naval Operations for Warfare Requirements Walter Robert Bradley, of Kansas, to be United and Programs, RAdm. Phillip M. Balisle, USN, Di- States Marshal for the District of Kansas for the rector, Surface Warfare Division, RAdm. Paul F. term of four years. Sullivan, USN, Director, Submarine Warfare Divi- Theresa A. Merrow, of Kentucky, to be United sion, N77, Office of the Deputy Chief of Naval Op- States Marshal for the Middle District of Georgia for erations, and RAdm. Michael J. McCabe, USN, Di- the term of four years. rector, Air Warfare Division, all of the Department 6 Navy nominations in the rank of admiral. of the Navy. Routine lists in the Air Force, Army, Marine Corps, Navy. Pages S2420–23 REPUBLIC OF CONGO Executive Communications: Pages S2410–12 Committee on Foreign Relations: Subcommittee on Afri- can Affairs concluded hearings to examine United Additional Cosponsors: Pages S2413–14 States policy options in the Democratic Republic of Statements on Introduced Bills/Resolutions: the Congo, focusing on humanitarian and HIV/AIDS Pages S2414–18 crises, and the promotion of democratic and eco- Additional Statements: Pages S2407–10 nomic development in Africa, after receiving testimony from Mark Bellamy, Principal Deputy Assist- Amendments Submitted: Page S2418 ant Secretary of State for African Affairs; Fabienne Authority for Committees to Meet: Page S2418 Hara, International Crisis Group, Brussels, Belgium;

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and Learned Dees, National Endowment for Democ- tigations (FBI) reform in the wake of the Hanssen racy, and Anne C. Edgerton, Refugees International, espionage case, focusing on the protection of highly both of Washington, D.C. classified secrets in order to ensure national security, NATIONAL AND COMMUNITY SERVICE after receiving testimony from Dale L. Watson, Ex- ecutive Assistant Director, Counterterrorism/Coun- Committee on Health, Education, Labor, and Pensions: Committee concluded hearings to examine the reau- terintelligence, Dave Szady, Assistant Director, thorization of national and community service legis- Counterintelligence Division, and Kenneth H. lation, including the National and Community Serv- Senser, Assistant Director, Security Division, all of ice Act of 1990 and the Domestic Volunteer Service the Federal Bureau of Investigation, Department of Act of 1973, after receiving testimony from Leslie Justice; and William H. Webster, Milbank, Tweed, Lenkowsky, Chief Executive Officer, Corporation for Hadley, and McCoy, Washington, D.C., former Di- National and Community Service. rector, Federal Bureau of Investigation, Department of Justice. FBI REFORM Committee on the Judiciary: Committee concluded oversight hearings to examine Federal Bureau of Inves- h House of Representatives H.R. 2109, to authorize the Secretary of the Inte- Chamber Action rior to conduct a special resource study of Virginia Measures Introduced: 42 public bills, H.R. Key Beach, Florida, for possible inclusion in the Na- 4083–4124; and 5 resolutions, H. Con. Res. 370, tional Park System, amended (H. Rept. 107–390); and H. Res. 377–379, 381, were introduced. H.R. 3425, to direct the Secretary of the Interior Pages H1152–53 to study the suitability and feasibility of establishing Reports Filed: Reports were filed today as follows: Highway 49 in California, known as the ‘‘Golden H.R. 3297, to amend the Omnibus Crime Control Chain Highway’’, as a National Heritage Corridor and Safe Streets Act of 1968 to ensure that chaplains (H. Rept. 107–391); killed in the line of duty receive public safety officer H.R. 3909, to designate certain Federal lands in death benefits, amended (H. Rept. 107–384); the State of Utah as the Gunn McKay Nature Pre- H.R. 3848, to provide funds for the construction serve (H. Rept. 107–392); of recreational and visitor facilities in Washington H. Res. 380, providing for consideration of H.R. County, Utah (H. Rept. 107–385); 3925, to establish an exchange program between the H.R. 3848, to provide funds for the construction Federal Government and the private sector in order of recreational and visitor facilities in Washington to promote the development of expertise in informa- County, Utah (H. Rept. 107–385); tion technology management (H. Rept. 107–393); H.R. 3958, to provide a mechanism for the settle- H.R. 3991, to amend the Internal Revenue Code ment of claims of the State of Utah regarding por- of 1986 to protect taxpayers and ensure account- tions of the Bear River Migratory Bird Refuge lo- ability of the Internal Revenue Service, amended (H. cated on the shore of the Great Salt Lake, Utah (H. Rept. 107–394). Pages H1151–52 Rept. 107–386); Speaker Pro Tempore: Read a letter from the H.R. 2937, to provide for the conveyance of cer- Speaker wherein he appointed Representative Wal- tain public land in Clark County, Nevada, for use as den of Oregon to act as Speaker pro tempore for a shooting range (H. Rept. 107–387); today. Page H1093 H.R. 3480, to promote Department of the Inte- rior efforts to provide a scientific basis for the man- Journal: Agreed to the Speaker’s approval of the agement of sediment and nutrient loss in the Upper Journal of Wednesday, March 20, by a yea-and-nay Mississippi River Basin (H. Rept. 107–388); vote of 361 yeas to 43 nays with 1 voting ‘‘present’’, H.R. 3853, to make technical corrections to laws Roll No. 80. Page H1093, H1111–12 passed by the 106th Congress related to parks and Social Security Advisory Board: The Chair an- public lands (H. Rept. 107–389); nounced the Speaker’s appointment of Mrs. Dorcas

VerDate 11-MAY-2000 06:12 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP2.REC pfrm04 PsN: D09AP2 D300 CONGRESSIONAL RECORD — DAILY DIGEST April 9, 2002 R. Hardy of Spotsylvania, Virginia to the Social Se- Taxpayer Protection and IRS Accountability curity Advisory Board. Pages H1094–95 Act: H.R. 3991, amended, to amend the Internal Suspensions: The House agreed to suspend the rules Revenue Code of 1986 to protect taxpayers and en- and pass the following measures: sure accountability of the Internal Revenue Service. Ellis Island Medal of Honor Recognition and Pages H1113–32 National Ethnic Coalition of Organizations Com- Motions to Instruct Conferees on the Farm Secu- mendation: H. Res. 377, recognizing the Ellis Is- rity Act: Pursuant to clause 7(c) of rule XXII, the land Medal of Honor and commending the National following members intend to offer motions tomor- Ethnic Coalition of Organizations (agreed to by a row to instruct conferees on H.R. 2646, an act to yea-and-nay vote of 403 yeas with none voting provide for the continuation of agricultural programs ‘‘nay,’’ Roll No. 81); Pages H1096–97, H1112 through fiscal year 2011. Representative Phelps an- Acquisition Streamlining Improvement Act: nounced his intention to offer a motion to instruct H.R. 3921, to amend the Clinger-Cohen Act of House conferees, to agree to the provisions contained 1996 to extend until January 1, 2005, a program in section 1071 of the Senate amendment, relating applying simplified procedures to the acquisition of to re-enactment of the family farmer bankruptcy certain commercial items, and to require the Comp- provisions contained in chapter 12 of title 11, troller General to submit to Congress a report re- United States Code. Page H1111 garding the effectiveness of such program; Representative Flake announced his intention to Pages H1097–98 offer a motion to instruct conferees to agreed to sec- Washington County, Utah Recreational and tion 1244(g)(1)(C) of the Food Security Act of 1985, Visitor Facilities Construction: H.R. 3848, to pro- as added by section 204 of the Senate amendment. vide funds for the construction of recreational and Page H1113 visitor facilities in Washington County, Utah; Presidential Messages: Read the following mes- Pages H1098–99 sages from the President: Conveyance of Land in Clark County, Nevada, Plan Colombia: Message wherein he transmitted for use as a Shooting Range: H.R. 2937, amended, a report detailing the progress of spending by the to provide for the conveyance of certain public land executive branch during the last two quarters of Fis- in Clark County, Nevada, for use as a shooting cal Year 2001 in support of Plan Colombia—referred range; Pages H1099–H1100 to the Committees on Appropriations and Inter- Bear River Migratory Bird Refuge Settlement national Relations and ordered printed (H. Doc. Act: H.R. 3958, to provide a mechanism for the set- 107–198); and Page H1132 tlement of claims of the State of Utah regarding por- Science and Engineering Indicators: Message tions of the Bear River Migratory Bird Refuge lo- wherein he transmitted a report by the National cated on the shore of the Great Salt Lake, Utah Science Board entitled, ‘‘Science and Engineering In- (agreed to by a yea-and-nay vote of 396 yeas to 6 dicators—2002’’, which examines key aspects of the nays, Roll No. 82); Pages H1100–01, H1112–13 status of science and engineering in the United Upper Mississippi River Basin Protection Act: States—referred to the Committee on Science. H.R. 3480, to promote Department of the Interior Page H1132 efforts to provide a scientific basis for the manage- Recess: The House recessed at 3:40 p.m. and recon- ment of sediment and nutrient loss in the Upper vened at 6:36 p.m. Page H1111 Mississippi River Basin; and Pages H1101–04 Senate Messages: Message received from the Senate Business Checking Freedom Act: H.R. 1009, amended, to repeal the prohibition on the payment appears on page H1093. of interest on demand deposits. Pages H1107–11 Referrals: S. 1222, was referred to the Committee Suspensions—Proceedings Postponed: The House on Government Reform; S. 1499 was referred to the completed debate on the following motions to sus- Committee on Small Business; and S. 1321 was held pend the rules. Further proceedings were postponed at the Desk. Page H1147 until Wednesday, April 10. Amendments: Amendments ordered printed pursu- 2002 Olympic Winter Games: H. Res. 363, ant to the rule appear on pages H1156–57. amended, congratulating the people of Utah, the Salt Quorum Calls—Votes: Three yea-and-nay votes de- Lake organizing committee, and the athletes of the veloped during the proceedings of the House today world for a successful and inspiring 2002 Olympic and appear on pages H1111–12, H1112, and Winter Games; and Pages H1104–07 H1113. There were no quorum calls.

VerDate 11-MAY-2000 06:12 Apr 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09AP2.REC pfrm04 PsN: D09AP2 April 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D301 Adjournment: The House met at 2 p.m. and ad- INS RESTRUCTURING journed at 10:55 p.m. Committee on the Judiciary: Held an oversight hearing on ‘‘Restructuring the INS—How the Agency’s Dys- Committee Meetings functional Structure Impedes the Performance of its Dual Mission.’’ Testimony was heard from James W. LABOR, HHS, EDUCATION Ziglar, Commissioner, INS, Department of Justice; APPROPRIATIONS and public witnesses. Committee on Appropriations: Subcommittee on Labor, DIGITAL TECH CORPS ACT Health and Human Services, Education, held a hearing on NIH Panel: Collaborations in Research. Tes- Committee on Rules: Granted, by voice vote, an open timony was heard from the following officials De- rule providing 1 hour of debate on H.R. 3925, Dig- partment of Health and Human Services: Kerry ital Tech Corps Act of 2002. The rule waives all Weems, Deputy Assistant Secretary, Budget; Ruth points of order against consideration of the bill. The L. Kirschstein, M.D., Acting Director, NIH; Ste- rule provides that it shall be in order to consider as phen Katz, M.D., Director, National Institute of Ar- an original bill for the purpose of amendment the thritis and Musculoskeletal and Skin Diseases; Ste- amendment in the nature of a substitute rec- phen Straus, M.D., Director, National Center for ommended by the Committee on Government Re- Complementary and Alternative Medicine; Duane form now printed in the bill, modified by the Alexander, M.D, Director, National Institute of amendments recommended by the Committee on the Child Health and Human Development; Donna Judiciary also printed in the bill. The rule allows the Dean, M.D., Acting Director, National Institute of Chairman of the Committee of the Whole to accord Bioimaging and Bioengineering; John Ruffin, M.D., priority in recognition to those Members who have Director, National Center on Minority Health and pre-printed their amendments in the Congressional Health Disparities; and Gerald Keusch, M.D., Direc- Record. Finally, the rule provides one motion to re- tor, Fogarty International Center. commit with or without instructions. Testimony was heard from Representative Tom Davis of Virginia. WELFARE REFORM—PROPOSED REVISIONS PAYROLL INDUSTRY AT RISK Committee on Education and the Workforce: Held a hearing on ‘‘Working Toward Independence: The Ad- Committee on Small Business: Subcommittee on Tax, ministration’s Plan to Build upon the Successes of Finance and Exports held a hearing on Payroll In- Welfare Reform.’’ Testimony was heard from dustry at Risk Due to ACH System Used for Direct Tommy G. Thompson, Secretary of Health and Deposit. Testimony was heard from public witnesses. Human Services; and public witnesses. OVERSIGHT—TAX RETURN FILING SEASON AND THE IRS BUDGET CORPORATE AND AUDITING ACCOUNTABILITY, RESPONSIBILITY, AND Committee on Ways and Means: Subcommittee on TRANSPARENCY ACT Oversight held a hearing on the 2002 Tax Return Filing Season and the IRS Budget for Fiscal Year Committee on Financial Services: Concluded hearings on 2003. Testimony was heard from Charles O. H.R. 3763, Corporate and Auditing Accountability, Rossotti, Commissioner, IRS, Department of the Responsibility, and Transparency Act of 2002. Testi- Treasury; James R. White, Director, Tax Policy and mony was heard from David M. Walker, Comp- Administration Issues, GAO; and public witnesses. troller General, GAO; Richard Breeden, former Chairman, SEC; and public witnesses. Joint Meetings FEDERAL GOVERNMENT’S FINANCIAL ROMANI HUMAN RIGHTS STATEMENTS Commission on Security and Cooperation in Eu- Committee on Government Reform: Subcommittee on rope(Helsinki Commission): Commission concluded Government Efficiency, Financial Management, and hearings to examine Romani human rights issues, fo- Intergovernmental Relations held a hearing on ‘‘The cusing on OSCE activities and recent Bulgaria activi- Federal Government’s Consolidated Financial State- ties, including barriers to Romani education in the ments: Are They Reliable?’’ Testimony was heard region, after receiving testimony from Nicolae from David M. Walker, Comptroller General, GAO; Gheorghe, Organization for Security and Cooperation Donald V. Hammond, Fiscal Assistant Secretary, De- in Europe Office for Democratic Institutions and partment of the Treasury; and Mark W. Everson, Human Rights, Warsaw, Poland; H. E. Elena Controller, Office of Federal Financial Management, Borislavova Poptodorova, Ambassador of Bulgaria to OMB. the United States, Sofia, Bulgaria; and Dimitrina

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Subcommittee on VA, HUD and Independent Agen- f cies, on Congressional Witnesses, 9:30 a.m., H–143 Cap- itol. COMMITTEE MEETINGS FOR Committee on Armed Services, Subcommittee on Military WEDNESDAY, APRIL 10, 2002 Installations and Facilities, hearing on force protection and long-term recapitalization of all U.S. military instal- (Committee meetings are open unless otherwise indicated) lations and facilities, 3 p.m., 2212 Rayburn. Senate Subcommittee on Military Personnel, hearing on the fiscal year 2003 Defense Health Program budget request, Special Committee on Aging: to hold hearings to examine 2 p.m., 2118 Rayburn. issues relating to long-term health care, 9:30 a.m., Committee on Education and the Workforce, Subcommittee SD–628. on Employer-Employee Relations and the Subcommittee Committee on Appropriations: to hold hearings to examine on Workforce Protections, joint hearing on ‘‘Record Homeland Security; hearings will continue at 2:00 p.m, Keeping under the LMRDA: Do DOL Reporting Systems 10 a.m., SH–216. Benefit the Rank and File?’’ 10:30 a.m., 2175 Rayburn. Committee on Armed Services: Subcommittee on Emerging Subcommittee on Select Education, hearing on the Threats and Capabilities, to hold hearings on proposed ‘‘Status of Financial Management at the Department of legislation authorizing funds for fiscal year 2003 for the Education,’’ 2 p.m., 2175 Rayburn. Department of Defense, focusing on technology for com- Committee on Energy and Commerce, to mark up H.R. bating terrorism and weapons of mass destruction, 9 a.m., 3833, Dot Kids Implementation and Efficiency Act of SR–253. 2002, and to consider pending Committee business, 10 Subcommittee on Strategic, to hold hearings on pro- a.m., 2123 Rayburn. posed legislation authorizing funds for fiscal year 2003 Committee on Financial Services, Subcommittee on Hous- for the Department of Defense, focusing on the Depart- ing and Community Opportunity, hearing on H.R. 3995, ment of Energy’s Environmental Management program Housing and Affordability for America Act of 2002, 10 and the National Nuclear Security Administration’s De- a.m., 2128 Rayburn. fense Program and other weapons activities, 2:30 p.m., Subcommittee on Housing and Community Oppor- SR–222. tunity, hearing to review the current status of empower- Committee on Environment and Public Works: Sub- ment zones and renewal communities, 2 p.m., 2128 Ray- committee on Superfund, Toxics, Risk, and Waste Man- burn. agement, to hold oversight hearings to examine the Committee on Government Reform, Subcommittee on Superfund program, 10 a.m., SD–406. Criminal Justice, Drug Policy, and Human Resources, Committee on Finance: to hold hearings to examine the hearing on ‘‘Enhancing Border Security and Law Enforce- reauthorization of Temporary Assistance for Needy Fami- ment,’’ 10 a.m., 2154 Rayburn. lies (TANF) Program, created by the Welfare Reform Committee on the Judiciary, to mark up H.R. 3231, Im- Law of 1996, 9:30 a.m., SD–215. migration Reform and Accountability Act of 2001, 10 Committee on Health, Education, Labor, and Pensions: to a.m., 2141 Rayburn. hold hearings to examine the reauthorization of the Insti- Committee on Resources, Subcommittee on Forests and tute of Museum and Library Services Act, 10 a.m., Forest Health, hearing on the following bills: H.R. 3962, SD–430. Good Neighbor Act of 2002; H.R. 3954, Caribbean Na- Select Committee on Intelligence: to hold closed hearings to tional Forest Wild and Scenic Rivers Act of 2002; and examine pending intelligence matters, 2:30 p.m., H.R. 3401, California Five Mile Regional Learning Cen- SH–219. ter Transfer Act, 10 a.m., 1334 Longworth. Subcommittee on Water and Power, hearing on H.R. House 2301, to authorize the Secretary of the Interior to con- Committee on Appropriations, Subcommittee on Com- struct a bridge on Federal land west of and adjacent to merce, Justice, State and Judiciary, on FTC, 10 a.m., and Folsom Dam in California, 2 p.m., 1334 Longworth. Congressional witnesses, 2 p.m., H–309 Capitol. Committee on Small Business, hearing entitled ‘‘Can Im- Subcommittee on the District of Columbia, on Public proved Compliance with the Regulatory Flexibility Act Safety/Emergency Preparedness/Courts, 1:30 p.m., 2362 Resuscitate Small Healthcare Providers?’’ 10 a.m., 2360 Rayburn. Rayburn.

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Committee on Transportation and Infrastructure, April 10, Committee on Ways and Means, Subcommittee on Select Subcommittee on Water Resources and Environment, Revenue Measures, hearing on Extraterritorial Income Re- oversight hearing on proposals for a Water Resources and gime, 2 p.m., 1100 Longworth. Development Act of 2002, 10 a.m., 2167 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Health, Joint Meetings hearing on the following bills: H.R. 3253, National Med- Conference: meeting of conferees on H.R. 2646, to pro- ical Emergency Preparedness Act of 2001; and H.R. 3254 vide for the continuation of agricultural programs Medical Education for National Defense in the 21st Cen- through fiscal year 2011, 9 a.m., 1300 Longworth Build- tury Act, 3 p.m., 334 Cannon. ing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, April 10 10 a.m., Wednesday, April 10

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 3925, ation of S. 517, Energy Policy Act, with a vote on the Digital Tech Corps Act (open rule, one hour of general motion to close further debate on Feinstein Modified debate); Amendment No. 2989 (to Amendment No. 2917), to Complete consideration of suspensions debated on occur at 9:45 a.m. Tuesday: (1) H. Res. 363, congratulating the People of Utah, the Salt Lake Organizing Committee and the Athletes of the World for the Successful and Inspiring Winter Olym- pic Games. (2) H.R. 3991, Taxpayer Protection and IRS Account- ability Act of 2002 and Possible Motions to Instruct Conferees on H.R. 2646, Farm Security Act of 2002.

Extensions of Remarks, as inserted in this issue

HOUSE Hunter, Duncan, Calif., E452 Nethercutt, George R., Jr., Wash., E461 Israel, Steve, N.Y., E475 Pallone, Frank, Jr., N.J., E465 Ackerman, Gary L., N.Y., E472 Issa, Darrell E., Calif., E470 Pelosi, Nancy, Calif., E444, E446 Baldwin, Tammy, Wisc., E459, E467 Johnson, Eddie Bernice, Tex., E475 Pomeroy, Earl, N.D., E460 Barr, Bob, Ga., E445, E447 Johnson, Nancy L., Conn., E468 Radanovich, George, Calif., E454, E456, E458 Biggert, Judy, Ill., E474 Kaptur, Marcy, Ohio, E445, E447, E453, E455 Rangel, Charles B., N.Y., E467 Boehlert, Sherwood L., N.Y., E452 Kildee, Dale E., Mich., E444, E446 Reyes, Silvestre, Tex., E461 Castle, Michael N., Del., E460 Knollenberg, Joe, Mich., E475 Rodriguez, Ciro D., Tex., E469 Chambliss, Saxby, Ga., E450 Kucinich, Dennis J., Ohio, E454, E456 Roemer, Tim, Ind., E464 Clay, Wm. Lacy, Mo., E459 LaFalce, John J., N.Y., E460 Rogers, Mike, Mich., E453 Clement, Bob, Tenn., E458 Langevin, James R., R.I., E443, E446, E448 Roybal-Allard, Lucille, Calif., E454 Combest, Larry, Tex., E451 Larson, John B., Conn., E473 Schakowsky, Janice D., Ill., E472 ´ Conyers, John, Jr., Mich., E463 Lofgren, Zoe, Calif., E471 Serrano, Jose E., N.Y., E458 Cramer, Robert E. (Bud), Jr., Ala., E443, E445, E448 McCarthy, Carolyn, N.Y., E444, E446 Shaw, E. Clay, Jr., Fla., E468 Crane, Philip M., Ill., E470 McDermott, Jim, Wash., E469 Shows, Ronnie, Miss., E458 Eshoo, Anna G., Calif., E466 McInnis, Scott, Colo., E462, E466, E467, E469, E471, Skelton, Ike, Mo., E448 Taylor, Charles H., N.C., E462 Farr, Sam, Calif., E452 E472 Towns, Edolphus, N.Y., E457 Gekas, George W., Pa., E474 McIntyre, Mike, N.C., E466, E468 Udall, Mark, Colo., E466, E468 Gordon, Bart, Tenn., E454 McKeon, Howard P. ‘‘Buck’’, Calif., E470 Visclosky, Peter J., Ind., E450 Harman, Jane, Calif., E467, E469 McKinney, Cynthia A., Ga., E451 Waxman, Henry A., Calif., E471 Hastert, J. Dennis, Ill., E443 Manzullo, Donald A., Ill., E450 Whitfield, Ed, Ky., E451 Hinchey, Maurice D., N.Y., E447 Menendez, Robert, N.J., E454, E456, E458, E460, E461 Hoeffel, Joseph M., Pa., E443, E445, E448, E450, E459 Miller, Gary G., Calif., E470 Honda, Michael M., Calif., E471, E473 Moran, Jerry, Kansas, E451

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