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

Vol. 148 WASHINGTON, WEDNESDAY, OCTOBER 2, 2002 No. 127 House of Representatives The House met at 10 a.m. and was THE JOURNAL WELCOMING RABBI GERALD KANE called to order by the Speaker pro tem- The SPEAKER pro tempore. The (Mr. SKEEN asked and was given per- pore (Mr. FOSSELLA). Chair has examined the Journal of the mission to address the House for 1 f last day’s proceedings and announces minute.) DESIGNATION OF THE SPEAKER to the House his approval thereof. Mr. SKEEN. Mr. Speaker, it is my PRO TEMPORE Pursuant to clause 1, rule I, the Jour- pleasure to welcome our guest chap- nal stands approved. lain, Rabbi Gerald Kane, the rabbi of The SPEAKER pro tempore laid be- Mr. MCNULTY. Mr. Speaker, pursu- Temple Beth El in Las Cruces, New fore the House the following commu- ant to clause 1, rule I, I demand a vote Mexico. Jewish pioneers have played an nication from the Speaker: on agreeing to the Speaker’s approval important role in the development of WASHINGTON, DC, of the Journal. New Mexico for almost 200 years. Since October 2, 2002. The SPEAKER pro tempore. The the establishment of the first syna- I hereby appoint the Honorable VITO gogue in 1883, New Mexico has bene- FOSSELLA to act as Speaker pro tempore on question is on the Speaker’s approval this day. of the Journal. fited from the wisdom of many learned J. DENNIS HASTERT, The question was taken; and the Jewish leaders. Rabbi Kane has contin- Speaker of the House of Representatives. Speaker pro tempore announced that ued that proud tradition. He grew up in f the ayes appeared to have it. New Jersey and graduated from the University of Buffalo. He was ordained PRAYER Mr. MCNULTY. Mr. Speaker, I object to the vote on the ground that a from Hebrew Union College in 1970. For Rabbi Gerald M. Kane, Temple Beth quorum is not present and make the his long record of distinguished service, El, Las Cruces, New Mexico, offered the point of order that a quorum is not he received a doctor of divinity from following prayer: present. Hebrew Union College in 1995. Rabbi Dear God, Author of life, Creator of The SPEAKER pro tempore. Pursu- Kane has helped guide many out- all: ant to clause 8, rule XX, further pro- standing organizations around the As we gather today in this history- ceedings on this question will be post- United States. He has worked tirelessly packed, awesome Chamber, we ask poned. for education and interfaith coopera- Your blessing on our esteemed Rep- The point of no quorum is considered tion throughout our communities. He resentatives as they continue to help withdrawn. created programs to stop violence to- chart a course for our Nation and its ward women and children and for sup- citizens. f porting the battle on mental health. Although the times in which we are Southern New Mexico has also bene- blessed to live provide them with many PLEDGE OF ALLEGIANCE fited from his love of the theater and legislative challenges, may they, guid- his commitment to bring the arts to ed by Your wisdom, seek the very best The SPEAKER pro tempore. Will the students everywhere. I welcome Rabbi ways to keep our country free from gentleman from New York (Mr. Kane to the House of Representatives prejudice, oppression and strife. MCNULTY) come forward and lead the and thank him for his opening prayer In these days of turbulence in our House in the Pledge of Allegiance. this morning. world, keep them steady in their delib- Mr. MCNULTY led the Pledge of Alle- f erations. Inspire them to continue in giance as follows: their quest, not just for us, but for all I pledge allegiance to the Flag of the ANNOUNCEMENT BY THE SPEAKER citizens of this planet, to promote the United States of America, and to the Repub- PRO TEMPORE values upon which this great Nation lic for which it stands, one nation under God, The SPEAKER pro tempore. Pursu- was founded: justice, liberty, equality, indivisible, with liberty and justice for all. ant to clause 8 of rule XX, the Chair freedom and peace. will put the question on approving the f Let Your blessing rest upon them and Journal and on motions to suspend the be near to them. Grant them strength rules on which further proceedings of body, of health, of mind. ANNOUNCEMENT BY THE SPEAKER were postponed on Tuesday, October 1, Lift up Your countenance upon us PRO TEMPORE in the order in which that motion was all, and grant us Your most precious of The SPEAKER pro tempore. The entertained. blessings, the gift of shalom—balance Chair will entertain one 1-minute Votes will be taken in the following and peace. Amen. speech at this point. order:

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

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VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.000 H02PT1 H6930 CONGRESSIONAL RECORD — HOUSE October 2, 2002 Approving the Journal, de novo; Kind (WI) Ney Shays b 1029 King (NY) Northup Sherwood House Concurrent Resolution 476, by Kingston Norwood Shimkus So the Journal was approved. the yeas and nays; Kirk Ortiz Shows The result of the vote was announced H.R. 2357, by the yeas and nays. Kleczka Osborne Shuster as above recorded. The Chair will reduce to 5 minutes Knollenberg Ose Simmons Kolbe Otter Simpson f the time for any electronic vote after Kucinich Owens Skeen the first such vote in this series. LaFalce Oxley Skelton PERSONAL EXPLANATION LaHood Pascrell Smith (MI) f Lampson Pastor Smith (NJ) Mr. COX. Mr. Speaker, on the rollcall votes THE JOURNAL Langevin Paul Smith (TX) scheduled for Tuesday evening and Wednes- Lantos Payne Smith (WA) day morning, October 1 and 2, I was unable Larson (CT) Pelosi Snyder The SPEAKER pro tempore. Pursu- to vote in consequence of travel outside of ant to clause 8 of rule XX, the pending LaTourette Pence Solis Leach Peterson (PA) Souder Washington, DC. business is the question of the Speak- Lewis (CA) Petri Spratt er’s approval of the Journal of the last Lewis (GA) Phelps Stark f day’s proceedings. Lewis (KY) Pickering Stearns Linder Pitts Stenholm ANNOUNCEMENT BY THE SPEAKER The question is on the Speaker’s ap- Lipinski Pombo Sullivan PRO TEMPORE proval of the Journal. Lofgren Pomeroy Sununu The SPEAKER pro tempore (Mr. The question was taken; and the Lowey Portman Sweeney OSSELLA). Pursuant to clause 8 of rule Speaker pro tempore announced that Lucas (KY) Price (NC) Tauscher F Lucas (OK) Pryce (OH) Tauzin XX, the Chair will reduce to 5 minutes the ayes appeared to have it. Luther Putnam Taylor (NC) the minimum time for electronic vot- Mrs. BONO. Mr. Speaker, I object to Lynch Quinn Terry ing on each motion to suspend the the vote on the ground that a quorum Maloney (CT) Radanovich Thomas rules on which the Chair has postponed is not present and make the point of Maloney (NY) Rahall Thornberry Manzullo Rangel Thune further proceedings. order that a quorum is not present. Matheson Regula Thurman The SPEAKER pro tempore. Evi- Matsui Rehberg Tiahrt f McCarthy (MO) Reyes Tiberi dently a quorum is not present. EXPRESSING SUPPORT FOR GOALS The Sergeant at Arms will notify ab- McCarthy (NY) Reynolds Tierney McCollum Riley Toomey AND IDEAS OF DAY OF TRIBUTE sent Members. McCrery Rivers Towns TO ALL FIREFIGHTERS The vote was taken by electronic de- McHugh Rodriguez Turner vice, and there were—yeas 343, nays 55, McInnis Roemer Upton The SPEAKER pro tempore. The un- McIntyre Rogers (KY) Velazquez finished business is the question of sus- answered ‘‘present’’ 1, not voting 32, as McKeon Rogers (MI) Vitter follows: Meehan Rohrabacher Walden pending the rules and agreeing to the [Roll No. 427] Meeks (NY) Ros-Lehtinen Walsh concurrent resolution, H. Con. Res. 476. Menendez Ross Wamp The Clerk read the title of the con- YEAS—343 Mica Rothman Watkins (OK) current resolution. Abercrombie Clement Gonzalez Millender- Roybal-Allard Watson (CA) Ackerman Clyburn Goode McDonald Royce Watt (NC) The SPEAKER pro tempore. The Akin Coble Goodlatte Miller, Dan Rush Watts (OK) question is on the motion offered by Allen Collins Gordon Miller, Gary Ryan (WI) Waxman the gentleman from Michigan (Mr. Andrews Combest Goss Miller, George Ryun (KS) Weiner SMITH) that the House suspend the Armey Coyne Graham Miller, Jeff Sanders Weldon (FL) Baca Cramer Granger Mollohan Sandlin Weldon (PA) rules and agree to the concurrent reso- Bachus Crenshaw Graves Moran (KS) Sawyer Wexler lution, H. Con. Res. 476, on which the Baker Crowley Green (WI) Moran (VA) Saxton Whitfield yeas and nays are ordered. Baldacci Cubin Greenwood Morella Schiff Wicker Ballenger Culberson Grucci Murtha Scott Wilson (NM) This will be a 5-minute vote. Barcia Cummings Hall (TX) Myrick Sensenbrenner Wilson (SC) The vote was taken by electronic de- Barr Cunningham Hansen Nadler Serrano Wolf vice, and there were—yeas 407, nays 0, Barrett Davis (CA) Harman Napolitano Sessions Woolsey not voting 24, as follows: Bartlett Davis (IL) Hart Neal Shadegg Wynn Bass Davis, Jo Ann Hastings (WA) Nethercutt Shaw Young (FL) [Roll No. 428] Becerra Davis, Tom Hayes YEAS—407 Bentsen DeGette Hayworth NAYS—55 Berkley Delahunt Herger Abercrombie Boswell Crowley Berman DeLauro Hill Aderholt Hinchey Ramstad Ackerman Boucher Cubin Berry DeLay Hinojosa Baird Holt Sabo Aderholt Boyd Culberson Biggert DeMint Hobson Baldwin Hooley Schaffer Akin Brady (PA) Cummings Bilirakis Diaz-Balart Hoeffel Borski Hulshof Schakowsky Allen Brady (TX) Cunningham Bishop Dicks Hoekstra Brady (PA) Kennedy (MN) Sherman Andrews Brown (FL) Davis (CA) Blagojevich Dingell Holden Capuano Larsen (WA) Slaughter Armey Brown (SC) Davis (IL) Blumenauer Doggett Honda Condit Latham Strickland Baca Bryant Davis, Jo Ann Boehlert Dooley Horn Costello Lee Stupak Bachus Burton Davis, Tom DeFazio LoBiondo Baird Boehner Doolittle Hostettler Taylor (MS) Buyer DeFazio English Markey Baker Callahan DeGette Bonilla Doyle Houghton Thompson (CA) Etheridge McGovern Baldacci Calvert Delahunt Bono Dreier Hoyer Thompson (MS) Ferguson McNulty Baldwin Camp DeLauro Boozman Duncan Hunter Udall (CO) Boswell Dunn Inslee Filner Moore Ballenger Cannon DeLay Ford Nussle Udall (NM) Barcia Cantor DeMint Boucher Edwards Isakson Visclosky Boyd Ehlers Israel Green (TX) Oberstar Barr Capito Diaz-Balart Waters Brady (TX) Emerson Issa Gutierrez Obey Barrett Capps Dicks Weller Brown (FL) Engel Istook Gutknecht Olver Bartlett Capuano Dingell Brown (SC) Eshoo Jackson (IL) Hefley Pallone Wu Barton Cardin Doggett Bryant Evans Jackson-Lee Hilliard Peterson (MN) Bass Carson (IN) Dooley Burr Everett (TX) Becerra Carson (OK) Doolittle Burton Farr Jefferson ANSWERED ‘‘PRESENT’’—1 Bentsen Castle Doyle Berkley Chabot Dreier Buyer Fattah Jenkins Tancredo Callahan Flake John Berman Chambliss Duncan Berry Clayton Dunn Calvert Fletcher Johnson (CT) NOT VOTING—32 Camp Foley Johnson (IL) Biggert Clement Edwards Cannon Forbes Johnson, E. B. Barton Deal McDermott Bilirakis Clyburn Ehlers Cantor Fossella Jones (NC) Bereuter Deutsch McKinney Bishop Coble Emerson Capito Frank Jones (OH) Blunt Ehrlich Meek (FL) Blagojevich Collins Engel Blumenauer Combest English Capps Frelinghuysen Kanjorski Bonior Gephardt Platts Blunt Condit Eshoo Cardin Frost Kaptur Brown (OH) Gillmor Roukema Boehlert Cooksey Etheridge Carson (IN) Gallegly Keller Clay Hastings (FL) Sanchez Carson (OK) Ganske Kelly Conyers Hilleary Boehner Costello Evans Schrock Bonilla Coyne Everett Castle Gekas Kennedy (RI) Cooksey Hyde Stump Chabot Gibbons Kerns Cox Johnson, Sam Bono Cramer Farr Tanner Chambliss Gilchrest Kildee Crane Levin Boozman Crane Fattah Young (AK) Clayton Gilman Kilpatrick Davis (FL) Mascara Borski Crenshaw Ferguson

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.003 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6931 Filner Larsen (WA) Riley Wilson (SC) Woolsey Wynn Peterson (PA) Saxton Thornberry Flake Latham Rivers Wolf Wu Young (FL) Phelps Schaffer Thune Fletcher LaTourette Rodriguez Pickering Sessions Tiahrt NOT VOTING—24 Foley Leach Roemer Pitts Shadegg Tiberi Forbes Lee Rogers (KY) Bereuter Deal McDermott Pombo Shaw Toomey Ford Lewis (CA) Rogers (MI) Bonior Deutsch Roukema Portman Sherwood Vitter Fossella Lewis (GA) Rohrabacher Brown (OH) Ehrlich Ryun (KS) Putnam Shimkus Walsh Frank Lewis (KY) Ros-Lehtinen Burr Hastings (FL) Sanchez Radanovich Shows Wamp Rahall Shuster Frelinghuysen Linder Ross Clay Hilleary Schrock Watkins (OK) Ramstad Simpson Frost Lipinski Rothman Conyers Larson (CT) Stump Watts (OK) Gallegly LoBiondo Roybal-Allard Cox Levin Tanner Regula Smith (MI) Rehberg Smith (NJ) Weldon (FL) Ganske Lofgren Royce Davis (FL) Mascara Young (AK) Reynolds Smith (TX) Weldon (PA) Gekas Lowey Rush Riley Souder Weller Gephardt Lucas (KY) Ryan (WI) b 1037 Rogers (KY) Stearns Whitfield Gibbons Lucas (OK) Sabo So (two-thirds having voted in favor Wicker Gilchrest Luther Rogers (MI) Stenholm Sanders Rohrabacher Sullivan Wilson (SC) Gillmor Lynch thereof) the rules were suspended and Sandlin Ros-Lehtinen Sununu Wolf Gilman Maloney (CT) the current resolution was agreed to. Sawyer Royce Tancredo Young (AK) Gonzalez Maloney (NY) Saxton The result of the vote was announced Ryan (WI) Tauzin Young (FL) Goode Manzullo Schaffer as above recorded. Ryun (KS) Taylor (NC) Goodlatte Markey Schakowsky A motion to reconsider was laid on Gordon Matheson Schiff NAYS—239 Goss Matsui the table. Scott Abercrombie Gonzalez Millender- Graham McCarthy (MO) Sensenbrenner Stated for: Ackerman Gordon McDonald Granger McCarthy (NY) Serrano Aderholt Goss Miller, George Graves McCollum Mr. LARSON of Connecticut. Mr. Speaker, Sessions Allen Green (TX) Mollohan Green (TX) McCrery on rollcall No. 428, had I been present, I Shadegg Andrews Greenwood Moore Green (WI) McGovern Shaw would have voted ‘‘yea.’’ Baca Gutierrez Moran (VA) Greenwood McHugh Shays Mr. RYUN of Kansas. Mr. Speaker, on roll- Baird Harman Morella Grucci McInnis Sherman Baldacci Hill Murtha Gutierrez McIntyre call No. 428, I was inadvertently detained. Had Sherwood Baldwin Hilliard Nadler Gutknecht McKeon I been present, I would have voted ‘‘yea.’’ Shimkus Barrett Hinchey Napolitano Hall (TX) McKinney Shows f Bass Hinojosa Neal Hansen McNulty Becerra Hobson Nussle Harman Meehan Shuster Simmons HOUSE OF WORSHIP POLITICAL Bentsen Hoeffel Oberstar Hart Meek (FL) Bereuter Holden Obey Hastings (WA) Meeks (NY) Simpson SPEECH PROTECTION ACT Skeen Berkley Holt Olver Hayes Menendez Berman Honda Ortiz Skelton The SPEAKER pro tempore. The un- Hayworth Mica Berry Hooley Osborne Slaughter Hefley Millender- finished business is the question of sus- Biggert Horn Ose Smith (MI) Herger McDonald pending the rules and passing the bill, Bishop Houghton Owens Smith (NJ) Hill Miller, Dan Blagojevich Hoyer Pallone Smith (TX) H.R. 2357. Hilliard Miller, Gary The Clerk read the title of the bill. Blumenauer Inslee Pascrell Hinchey Miller, George Smith (WA) Boehlert Israel Pastor Hinojosa Miller, Jeff Snyder The SPEAKER pro tempore. The Boehner Jackson (IL) Payne Hobson Mollohan Solis question is on the motion offered by Bonior Jackson-Lee Pelosi Hoeffel Moore Souder the gentleman from California (Mr. Bono (TX) Peterson (MN) Hoekstra Moran (KS) Spratt Borski Jefferson Petri Holden Moran (VA) Stark HERGER) that the House suspend the Boswell John Platts Holt Morella Stearns rules and pass the bill, H.R. 2357, on Boucher Johnson (CT) Pomeroy Honda Murtha Stenholm which the yeas and nays are ordered. Boyd Johnson (IL) Price (NC) Hooley Myrick Strickland This will be a 5-minute vote. Brady (PA) Johnson, E. B. Pryce (OH) Horn Nadler Stupak Brown (FL) Jones (OH) Quinn Hostettler Napolitano Sullivan The vote was taken by electronic de- Brown (OH) Kanjorski Rangel Houghton Neal Sununu vice, and there were—yeas 178, nays Buyer Kaptur Reyes Hoyer Nethercutt Sweeney 239, not voting 14, as follows: Capps Kennedy (RI) Rivers Hulshof Ney Capuano Kildee Rodriguez Tancredo [Roll No. 429] Hunter Northup Tauscher Cardin Kilpatrick Roemer Hyde Norwood Tauzin YEAS—178 Carson (IN) Kind (WI) Ross Inslee Nussle Carson (OK) Kirk Rothman Taylor (MS) Akin DeLay Hyde Isakson Oberstar Castle Kleczka Roybal-Allard Taylor (NC) Armey DeMint Isakson Israel Obey Clayton Knollenberg Rush Terry Bachus Diaz-Balart Issa Issa Olver Clyburn Kolbe Sabo Thomas Baker Doolittle Istook Istook Ortiz Conyers Kucinich Sanders Thompson (CA) Ballenger Duncan Jenkins Jackson (IL) Osborne Costello LaFalce Sandlin Thompson (MS) Barcia Dunn Johnson, Sam Jackson-Lee Ose Coyne Lampson Sawyer Thornberry Barr Ehlers Jones (NC) (TX) Otter Cramer Langevin Schakowsky Thune Bartlett Emerson Keller Jefferson Owens Crowley Lantos Schiff Barton English Kelly Thurman Cummings Larsen (WA) Scott Jenkins Oxley Bilirakis Everett Kennedy (MN) Tiahrt Davis (CA) Larson (CT) Sensenbrenner John Pallone Blunt Ferguson Kerns Tiberi Davis (FL) Latham Serrano Johnson (CT) Pascrell Bonilla Flake King (NY) Tierney Davis (IL) LaTourette Shays Johnson (IL) Pastor Boozman Fletcher Kingston Toomey DeFazio Leach Sherman Johnson, E. B. Paul Brady (TX) Foley LaHood Towns DeGette Lee Simmons Johnson, Sam Payne Brown (SC) Forbes Lewis (KY) Turner Delahunt Levin Skeen Jones (NC) Pelosi Bryant Fossella Linder Udall (CO) DeLauro Lewis (CA) Skelton Jones (OH) Pence Burr Frelinghuysen Lipinski Udall (NM) Dicks Lewis (GA) Slaughter Kanjorski Peterson (MN) Burton Gallegly LoBiondo Upton Dingell Lofgren Smith (WA) Kaptur Peterson (PA) Callahan Gibbons Lucas (KY) Velazquez Doggett Lowey Snyder Keller Petri Calvert Gillmor Lucas (OK) Visclosky Dooley Luther Solis Kelly Phelps Camp Goode Manzullo Vitter Doyle Lynch Spratt Kennedy (MN) Pickering Cannon Goodlatte McCrery Walden Dreier Maloney (CT) Stark Kennedy (RI) Pitts Cantor Graham McHugh Walsh Edwards Maloney (NY) Strickland Kerns Platts Capito Granger McInnis Engel Markey Stupak Kildee Pombo Wamp Chabot Graves McKeon Eshoo Matheson Sweeney Kilpatrick Pomeroy Waters Chambliss Green (WI) Mica Etheridge Matsui Tauscher Kind (WI) Portman Watkins (OK) Clement Grucci Miller, Dan Evans McCarthy (MO) Taylor (MS) King (NY) Price (NC) Watson (CA) Coble Gutknecht Miller, Gary Farr McCarthy (NY) Terry Kingston Pryce (OH) Watt (NC) Collins Hall (TX) Miller, Jeff Fattah McCollum Thomas Kirk Putnam Watts (OK) Combest Hansen Moran (KS) Filner McDermott Thompson (CA) Kleczka Quinn Waxman Condit Hart Myrick Ford McGovern Thompson (MS) Knollenberg Radanovich Weiner Cooksey Hastings (WA) Nethercutt Frank McIntyre Thurman Kolbe Rahall Weldon (FL) Crane Hayes Ney Frost McKinney Tierney Kucinich Ramstad Weldon (PA) Crenshaw Hayworth Northup Ganske McNulty Towns LaFalce Rangel Weller Cubin Hefley Norwood Gekas Meehan Turner LaHood Regula Wexler Culberson Herger Otter Gephardt Meek (FL) Udall (CO) Lampson Rehberg Whitfield Cunningham Hoekstra Oxley Gilchrest Meeks (NY) Udall (NM) Langevin Reyes Wicker Davis, Jo Ann Hostettler Paul Gilman Menendez Upton Lantos Reynolds Wilson (NM) Davis, Tom Hulshof Pence

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.004 H02PT1 H6932 CONGRESSIONAL RECORD — HOUSE October 2, 2002 Velazquez Watt (NC) Woolsey minute and to revise and extend her re- DOMESTIC VIOLENCE AWARENESS Visclosky Waxman Wu marks.) MONTH Walden Weiner Wynn Waters Wexler Ms. LOFGREN. Mr. Speaker, today I (Mrs. CAPPS asked and was given Watson (CA) Wilson (NM) introduced the Digital Choice and permission to address the House for 1 NOT VOTING—14 Freedom Act of 2002. Copyright laws minute and to revise and extend her re- Clay Hastings (FL) Sanchez have always sought to strike a fair bal- marks.) Cox Hilleary Schrock ance between copyright holders and so- Mrs. CAPPS. Mr. Speaker, I rise Deal Hunter Stump ciety. Copyright protection encourages today in recognition of National Do- Deutsch Mascara Tanner Ehrlich Roukema and rewards authors; but, as the Su- mestic Violence Awareness Month. preme Court stated in Twentieth Cen- Family violence is an epidemic af- b 1047 tury Music Corp. versus Aiken, ‘‘Pri- fecting 25 percent of the population, Mrs. BONO and Ms. MCKINNEY vate motivation must ultimately serve and women account for 85 percent of changed their vote from ‘‘yea’’ to the cause of promoting broad public the victims of domestic violence; but ‘‘nay.’’ availability. . . .’’ only half of female victims of violence So (two-thirds not having voted in To maintain the balance in the dig- report an injury, and of those, only 20 favor thereof) the motion was rejected. ital age, we must find ways to prevent percent seek medical assistance. The result of the vote was announced digital pirates without treating every Mr. Speaker, along with many of my as above recorded. consumer as one. Yes, digital allows colleagues, I have been working to ad- Stated for: perfect copies to be distributed over dress and combat the prevalence of do- Mr. GEKAS. Mr. Speaker, this morning dur- the Internet, but digital technology mestic violence in our society. For ex- ing rollcall vote No. 429 on H.R. 2357, I inad- also lets copyright holders control how ample, the gentleman from Ohio (Mr. vertently cast a vote in the negative. H.R. consumers enjoy the books, music, and LATOURETTE) and I authored legisla- 2357, The House of Worship Political Protec- movies they buy. tion to provide women over 18 with the tion Act would not have passed had I voted in Online publishers do not just set the opportunity for domestic violence the affirmative, however, as a principled and price, they can control where, when screening and treatment services. strong supporter of the measure, I would like and for how long buyers use and enjoy In addition, the gentleman from Ohio the CONGRESSIONAL RECORD to reflect that is what they bought, contrary to the in- (Mr. LATOURETTE) and I have intro- was my intention to vote for the bill. tent of Congress and the DMCA. duced a bill to establish an Office of Family Violence at the Department of f My bill restores the balance by let- Health and Human Services. This new ting buyers enjoy what they bought in ANNOUNCEMENT BY THE SPEAKER office would facilitate coordination be- their home, car, or in mobile devices. PRO TEMPORE tween the health sector, the justice The bill also helps copyright holders The SPEAKER pro tempore (Mr. system, and social services in the pre- by promoting digital alternatives that FOSSELLA). The Chair will entertain 15 vention of family violence. 1-minutes. are affordable, reliable, secure, and re- This month, let us remember the im- spectful of consumers. Providing room f portance of the national campaign to for technological innovation will also raise domestic violence awareness. AMERICA HAS LOST ONE OF ITS spur economic growth and lead to more This campaign is critical to elimi- GREATEST SUPPORTERS OF jobs. nating all forms of violence per- EDUCATION, AMBASSADOR WAL- petrated against women, children, and TER ANNENBERG f men. We must stop the cycle of vio- (Mr. DREIER asked and was given lence. permission to address the House for 1 AMBASSADOR WELCH f minute and to revise and extend his re- (Mr. PITTS asked and was given per- INTRODUCTION OF HOUSE RESO- marks.) mission to address the House for 1 Mr. DREIER. Mr. Speaker, yesterday LUTION 567, COMMENDING IM- minute and to revise and extend his re- the United States lost a true patriot. PORTANCE OF SURFACE TRANS- marks.) Ambassador Walter Annenberg, who PORTATION INFRASTRUCTURE Mr. PITTS. Mr. Speaker, the U.S. represented America to the Court of COMMUNITY Ambassador to Egypt, David Welch, re- St. James, was a brilliant business and (Mr. GARY G. MILLER of California cently published an op ed in an Egyp- political leader, patron of the arts, and asked and was given permission to ad- tian newspaper encouraging newspaper one of our Nation’s greatest supporters dress the House for 1 minute and to re- editors to be more careful about vet- of education. vise and extend his remarks.) He touched this institution recently ting articles before publishing them. Mr. GARY G. MILLER of California. as his foundation was among the first There has been an upsurge of hate Mr. Speaker, last night I introduced to volunteer support for the U.S. Cap- speech and commentary in that region House Resolution 567, commending the itol Visitor’s Center. Just last month, suggesting that al-Qaeda was not re- importance of the surface transpor- he underwrote our important trip to sponsible for the attack on 9/11. Ambas- tation infrastructure community. This New York to memorialize September sador Welch rightly pointed out that integral aspect of our economy has 11. there is overwhelming and conclusive continually provided and maintained a I will never forget, 2 years ago at her proof that al-Qaeda planned and exe- system of transportation that facili- birthday dinner, when he said that the cuted the attack, including al-Qaeda’s tates commerce and provides con- most important thing he did was to own admission. sistent modes of transit for the trav- marry Lee. This past Sunday, Lee and Newspapers have a responsibility to eling public. Walter Annenberg celebrated their 51st report the truth, and not to repeat lies House Resolution 567 recognizes the wedding anniversary. and ridiculous rumors. Now our Am- construction industry, which has con- I shall miss his advice, counsel, and bassador has a bunch of Egyptian col- tinually provided us with a safe and ef- encouragement, and I know, Mr. umnists, writers, and cartoonists angry ficient system of roadways; the truck- Speaker, that I speak for everyone in with him. They issued a statement ing and rail industry, which ensures this great body when, with apprecia- that he should go back to his country, that each town and city in America is tion for all that Walter did, I extend and accused him of only seeing the re- promptly provided with the goods and our thoughts and prayers to the gion through Israeli eyes. services it needs; and our system of Annenberg family. Egypt is a friend and ally of the public transportation, for providing us United States, but I think it would be f with a safe and viable means of travel. appropriate for that country’s journal- I also would like to thank the gen- INTRODUCTION OF DIGITAL ists to treat Ambassador Welch with tleman from Florida (Chairman YOUNG) CHOICE AND FREEDOM ACT OF 2002 more respect and to report the truth, and the ranking member, the gen- (Ms. LOFGREN asked and was given just as Ambassador Welch has sug- tleman from Minnesota (Mr. OBER- permission to address the House for 1 gested. STAR), for supporting this bill.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.006 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6933 URGING CONGRESS TO COMPLETE SENSE OF HOUSE THAT CONGRESS right? Is it fair that we punish soci- LEGISLATION AUTHORIZING DE- SHOULD COMPLETE ACTION ON ety’s most basic institution? We need PARTMENT OF HOMELAND SECU- H.R. 4019, PERMANENT MAR- to permanently eliminate the marriage RITY RIAGE PENALTY RELIEF ACT OF tax penalty. (Mr. PENCE asked and was given per- 2002 b 1100 mission to address the House for 1 Mr. WELLER. Mr. Speaker, pursuant Last year’s tax legislation, which we minute and to revise and extend his re- to House Resolution 547, I call up the nicknamed the Bush tax cut, included marks.) resolution (H. Res. 543) expressing the efforts to eliminate the marriage tax Mr. PENCE. Mr. Speaker, America is sense of the House that Congress penalty. It was signed into law by about to go to war. One of the funda- should complete action on H.R. 4019, President Bush on June 6, 2001. Unfor- mental principles of war is that before making marriage tax relief permanent, tunately, that legislation was tem- we project force, we secure our base of and ask for its immediate consider- porary and expires in just a few short operations and supply lines. ation. years. The Clerk read the title of the resolu- In July of this year, the House of We helped married couples in a num- tion. Representatives labored mightily for ber of ways by eliminating the mar- The text of H. Res. 543 is as follows: hours and days and weeks to craft leg- riage tax penalty. First, we doubled the H. RES. 543 islation creating a new Department of standard deduction to twice that of Homeland Security. We passed legisla- Whereas there are more than 36,000,000 singles, helping families that do not tion to secure our base and ensure lines American working couples that are affected by the unfair marriage tax penalty; itemize their income taxes. It is esti- of communication between those who mated that 21 million American fami- ensure our domestic tranquility. Whereas this unfair tax punishes our soci- ety’s most basic institution by discouraging lies will be affected by provisions relat- As we prepare to engage an enemy couples from getting married; ing to the standard deduction each capable of attacking our Nation and Whereas this burdensome tax forces mar- year. our homeland, I rise today to urge my ried couples to pay higher taxes than they Second, we help those who itemize colleagues in the other body to act. would if they were single; such as home owners and those who This Congress must not adjourn before Whereas a bipartisan majority of the give to their church, charity or syna- the elections until we create a Depart- House of Representatives passed H.R. 4019 on gogue by widening the 15 percent tax June 13, 2002, permanently extending the ment of Homeland Security, and pre- bracket. And it is estimated that 20 pare this Nation for the realities and marriage penalty relief provided by the Eco- nomic Growth and Tax Relief Reconciliation million American couples benefit from the dangers that lie ahead. Act of 2001; the widening of the 15 percent tax Whereas failure to enact permanent mar- bracket to twice that of singles. f riage tax relief will reimpose the unfair mar- Third, we also help the working poor riage tax penalty after 2010 on more than by eliminating the marriage tax pen- ANNOUNCEMENT BY THE SPEAKER 36,000,000 married working couples; alty which existed in the earned in- PRO TEMPORE Whereas permanent marriage tax penalty come credit. This is currently helping 4 relief will encourage and promote the values The SPEAKER pro tempore. Mem- of marriage, family and hard work; and million low-income working couples bers will be reminded not to urge ac- Whereas the Senate has not passed H.R. annually, many who have children. tion from the other body. 4019 or equivalent legislation: Now, there- Since 1969 our tax laws punished mar- fore, be it ried couples when both the husband Resolved, That it is the sense of the House and wife were in the workforce. For no f of Representatives that the Congress should other reason than to be joined in holy complete action on H.R. 4019 and the Con- matrimony 42 million married working RECOMMENDING PASSAGE OF A gress should present it to the President prior to adjournment of the 107th Congress so that couples who are both in the workforce COMPREHENSIVE AND BAL- pay higher taxes, what we call the mar- ANCED ENERGY PLAN 36,000,000 married couples can benefit from permanent marriage penalty tax relief. riage tax penalty, each year. They pay (Mr. REHBERG asked and was given The SPEAKER pro tempore. Pursu- more in taxes than if they just lived to- permission to address the House for 1 ant to House Resolution 547, the gen- gether as two singles. minute and to revise and extend his re- tleman from Illinois (Mr. WELLER) and Not only is the marriage tax penalty marks.) the gentleman from California (Mr. unfair, it is just plain wrong that our Mr. REHBERG. Mr. Speaker, another MATSUI) each will control 30 minutes. Tax Code has punished society’s most week has passed without a comprehen- The Chair recognizes the gentleman basic institution. The marriage tax sive and balanced energy plan. In the from Illinois (Mr. WELLER). penalty exacts a disproportionate toll first 6 months of this year, we paid ter- Mr. WELLER. Mr. Speaker, I yield on working women and also on lower- rorists an average of $13 million a day myself such time as I may consume. income couples with children, all the for their oil. This must end. Because Mr. Speaker, I appreciate the oppor- more reason to make this legislation America does not have a comprehen- tunity to bring House Resolution 543, permanent. sive energy plan, we continue to pur- expressing the sense of the House that Many are familiar with a young cou- chase oil from the Middle East; but Congress should complete action on ple from the district that I represent, there is a balanced plan, and it does in- H.R. 4019, before the House today. Shad and Michelle Hallihan and how clude increasing domestic oil produc- H.R. 4019, which passed the House on they suffered the unfair marriage tax tion. June 13, 2002 by an overwhelming bi- penalty. And I have also recently intro- More domestic oil will give us a sta- partisan vote of 271 to 142, makes the duced another couple from my district, ble supply and allow us to diminish our marriage tax penalty relief provisions Jose and Magdalena Castillo of Joliet, dependence on foreign oil. From Janu- of the Economic Growth and Tax Relief Illinois. And Jose and Magdalena ary to June, we paid $2.3 billion to the Act of 2001 permanent. Castillo have a combined salary of al- countries that give suicide bombers There are 42 million American work- most $82,000 a year. Jose earns $57,000 thousands of dollars to threaten the ing families, 42 million American and Magdalena earns $25,000. They suf- very existence of democracy. working couples, that are impacted by fer on average a $1,125 marriage tax Total reliance on energy resources the unfair marriage tax penalty and penalty. They have two children, from nations that harbor animosity to- who would benefit from this legisla- Eduardo and Carolina. And as a result wards America and our allies must be- tion. of the tax law passed last year, their come a thing of the past. Mr. Speaker, My colleagues and I have often asked marriage tax penalty will be reduced we need to unify as Americans and pass ourselves, is it right, is it fair, that under the Bush tax cut under the mar- a comprehensive and balanced energy under the Tax Code, that 42 million riage tax penalty provisions by $1,125; plan. The security of our Nation de- married working couples pay on aver- and that is real money in Joliet, Illi- pends on eliminating our dependence age higher taxes, almost $1,700 more, nois. This represents a 12 percent over- on foreign oil. just because they are married. Is that all tax cut for the Castillo family.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.010 H02PT1 H6934 CONGRESSIONAL RECORD — HOUSE October 2, 2002 Imagine the opportunities that this is that when one sends a bill to the ployment benefits in this country. The creates for the Castillo family and mil- United States Senate, one expects the stock market since President Bush has lions of other middle-income working Senate to understand that since the taken the oath of office in January 2001 families benefiting from our efforts to majority of Members sent it over there, has gone down 4,000 points, about 38 eliminate the marriage tax penalty. that we support it as a body and, there- percent. The average American and With that $1,125 the Castillos can start fore, we request that they take action many pension funds have lost in excess saving for their children’s college edu- on it. of $17 trillion, $17 trillion because of cation, save for their retirement, or And so what we are doing today basi- the 4,000-point drop in the stock mar- put a small down payment on a new cally is meaningless. It has no rel- ket. home. The bottom line is the marriage evancy. And it is just basically taking And as a result of that, we should be tax penalty of $1,125 or the average up a lot of our time because the other taking up issues that the American marriage tax penalty of $1,700 is real body knows that we want a piece of public will be helped by, that will be- money to real American working fami- legislation that was sent over there to come relevant to the American public, lies. be passed. We do not have to tell them not issues that are 8 years off, not Overall, in my home State of Illinois again. issues that are somewhat meaningless 1,149,196 couples will receive a total of And if some people feel anxious about in terms of the individual problems $2 billion in marriage tax relief because this, which obviously some people do, that people have at this particular of tax law changes that we have passed the best thing to do is walk over there. time. We should be taking up issues, into law this past year. It takes about 5 minutes to walk to the frankly, that have meaning to this What Congress must do now is to other body and suggest to the other economy, the average American, and to make sure that American families body that they take it up. And if the those many Americans who have lost know that this much deserved tax re- other body says, I do not want to take their health insurance benefits and lief will not be taken away. Think it up, then ask why, and then you can also their unemployments benefits. about that. Married couples are now begin a dialogue. But to send over a We have that obligation. That is why threatened with higher taxes unless we resolution that is meaningless, that we were sent here, to represent the make our efforts to eliminate the mar- has no relevance, again, is wasting our American public on issues that are riage tax penalty permanent. We must time. long term, not marriage penalty that make marriage tax penalty relief per- Now, I have to say that there are will come into effect in the year 2010, manent for 42 million American work- three issues that we have to decide be- but long-term problems such as Iraq, fore we adjourn in another week or 2 ing couples. That is 84 million tax- such as the homeland security issue, weeks. One, obviously, is the issue of payers that benefited from our legisla- and also problems facing the average Iraq, a very important issue and one tion. American today like our national econ- that we all have an obligation to ad- As unfair as the marriage tax penalty omy. is, it seems even more unfair to con- dress. Mr. Speaker, I reserve the balance of The second issue, obviously, is our sider telling couples like Shad and my time. war against terrorism. And hopefully Michelle Hallihan or Jose and Mr. WELLER. Mr. Speaker, I yield we will be able to take action on that myself such time as I may consume. Magdalena Castillo that in a few years in terms of the Homeland Security De- Mr. Speaker, I would note to my good they must bear the burden of higher partment and others over the next cou- friend from California (Mr. MATSUI) taxes, and in Jose and Magdalena’s ple of weeks. case it will be $1,125 in higher taxes if The third, obviously, is our national that there are 48,251 married couples we fail to make our efforts permanent economy. And that means we have an who will see higher taxes in the fifth and permanently eliminate the mar- obligation to the American public, to district of California unless we make riage tax penalty. those people that are working so hard permanent the elimination of the mar- As my colleagues already know, the in the Federal Government, to pass the riage tax penalty. House has passed our legislation, over- 13 appropriations bills and get them to Mr. Speaker, I yield 2 minutes to the whelmingly passed this legislation the President of the United States so gentleman from Pennsylvania (Mr. with an overwhelming bipartisan vote. that he can sign them. And what is in- PITTS). Almost 60 Democrats joined with every teresting is the fact that as of October Mr. PITTS. Mr. Speaker, I rise in House Republican in voting to elimi- 1 we have started a new fiscal year, but support of H. Res. 543 and want to com- nate the marriage tax penalty perma- we have not yet sent one appropria- mend the gentleman from Illinois (Mr. nently. But the Senate has not yet tions bill to the President. WELLER) for his leadership on this acted. Now, I believe we have passed five in issue. Mr. Speaker, H. Res. 543 expresses this body and we have sent them over Throughout the history of civiliza- the sense of the House that H.R. 4019 to the other body. But we have eight tion, marriage has been a fundamental should become law. H.R. 4019 is a good more that we have not taken up yet. In building block of society. If it were not bill that encourages and rewards the fact, some are very ready to go because for strong families, I think it is safe to values that we most hold dear: mar- they have passed the subcommittee say our country would not be the great riage, family, and hard work. I encour- and Committee on Appropriations, but country that it is today. But this gov- age and ask my colleagues in this they are still not brought up. And this ernment for far too long has been actu- House to vote for H. Res. 543, making all relates and pertains to the econ- ally punishing families for staying to- marriage tax penalty relief a perma- omy, Mr. Speaker. gether and punishing couples for get- nent part of our Tax Code. Let us not The economy in this country today ting married in the first place. raise taxes on working families. Let us has major problems. And for us to be Now, the Welfare Reform Law of 1996 keep this marriage tax penalty relief talking about a marriage penalty, by went a long way to reversing this. Un- permanent and prevent that tax in- the way, which, incidentally, even if we fortunately, some in this Congress crease. were bringing up the legislation and want to roll back those reforms, and Mr. Speaker, I reserve the balance of not a resolution today, this bill that the authorization bill still has not my time. the gentleman from Illinois (Mr. passed the other body. But the Tax Mr. MATSUI. Mr. Speaker, I yield WELLER) is talking about really will Code itself penalizes couples for get- myself 5 minutes. not take effect until the year 2010, 8 ting married. That is absolutely wrong. Mr. Speaker, just so everyone under- years from now, 2010. And so what we We had fixed it last year, but it was stands exactly what we have before us are doing is not only not relevant, but, only a temporary fix. This year, we in on the floor of the House today, this is secondly, it is not relevant for at least the House have passed a bill to make a resolution. And this resolution basi- 8 more years or the year 2010. And so that fix permanent, as it should be. Un- cally asks the Senate to consider a bill what we really should be doing is fo- fortunately, the other body has not that we passed some months ago and cusing on our national economy. seen fit to bring it up for a vote so that sent to the Senate. And what is some- Just this last week there were over it cannot go to the President and be- what interesting about this resolution 400,000, 400,000 claims for new unem- come law.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.014 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6935 Mr. Speaker, this is very important b 1115 fornia, we have seen the brownouts and legislation. I hope on behalf of every So here are the numbers and the gen- the blackouts that we had in the State American couple that we can make re- tleman from California (Mr. MATSUI) of California. peal of the marriage penalty perma- mentioned Illinois, but what is true of Look at the home land security bill. nent this year. I thank, again, the gen- Illinois is true throughout this country I do not think we ought to leave this tleman for his leadership on the issue. as unemployment stays high; 860,000 body in the House until the Senate has Mr. MATSUI. Mr. Speaker, I yield 1 workers whose benefits ran out by the acted on homeland security and leave minute to myself. end of September and who remain un- America vulnerable. We should pass Mr. Speaker, since the gentleman employed. This is through no fault of that particular bill but let us just say from the State of Illinois (Mr. WELLER) their own or they would not be receiv- that since the other body has only sent was kind enough to advise me of the ing this money. Add to that 610,000 who us two bills, and I cannot talk about amount of marriage penalty relief in are going to, this is an estimate, ex- what the Senate is doing on the floor, the year 2010 and beyond that Califor- haust their benefits, UC benefits in the let us take any other body out there, nians will receive, I thought it would final three months of this year. anybody, not the Senate, but let us be important just to reciprocate and So we are now up to what, a million just say that the House has a budget advise the gentleman from Illinois (Mr. and a half people, most of them with and this other body has not passed a WELLER) that in the State of Illinois families, and then we have another budget. 169,000 unemployed people would be 820,000 unemployed workers who will Let us say that we have acted in a benefited just by extending the unem- have their TEUC benefits cut off at the fiscally responsible way, but yet what- ployed benefit insurance program by a end of December when the program ever this other body is, it has no budg- few months. And it would seem to me ends. Then added to that, an estimated et, on every bill that they just propose that that is what we should be doing 800,000 who are going to exhaust their that they add $1 trillion for prescrip- now, taking care of those people that regular benefits for unemployment in tion drugs. They propose that we add are unemployed so they can begin to January and February. The numbers $278 billion more in Labor HHS. They spend money and maybe jump-start our are staggering. propose that we do all these things, economy and create a little more con- These are human beings, most of knowing that there is no way that sumer purchasing power. whom have worked all of their working when we come to conference, we can do Second, I might just point out too, lives and my colleagues come forth that without bankrupting the country. and we do not need to get into the sub- here, not having done anything to ad- Yet that other body wants to beat up stance of this issue but perhaps it does dress their needs, and they want to on Republicans because they will not make some sense, we are predicting pass a bill about 2011. What about 2002? do their appropriations bills and play deficits as far as the eye can see. And What about October, November, De- the game of politics for the election. We are not going to play that game. a vote in favor of this resolution, just cember of 2002, not 2011? What about We are going to pass the bills. We are as a vote we took some months ago on January, February, March of 2003? going to do it responsibly. And we will extending the marriage penalty beyond This shows the difference between pass a continuing resolution. 2010, will invade the Social Security these two parties. I would tell my friends on the mar- trust fund, thereby further jeopard- Mr. WELLER. Mr. Speaker, how riage penalty, it is wrong. We should izing Social Security recipients that much time remains, if I might inquire, give incentive for people getting mar- are currently receiving benefits. And I on each side? ried, not penalize them. It is not a tax think that the American public should The SPEAKER pro tempore (Mr. break for the rich. If a person gets mar- be aware of that. LATOURETTE). The gentleman from Illi- nois (Mr. WELLER) has 22 minutes re- ried, I want to tell my colleagues, to Mr. Speaker, I yield 3 minutes to the start off today in a household, my gentleman from the State of Michigan maining and the gentleman from Cali- fornia (Mr. MATSUI) has 21 minutes re- daughter is getting married this next (Mr. LEVIN), a member of the Com- summer. I can tell my colleagues, her mittee on Ways and Means and the maining. Mr. WELLER. Mr. Speaker, as I pre- husband is a teacher. She is going to be ranking Democrat on the Sub- pare to yield to the gentleman from a librarian. They will not make a committee on Trade. California, I have a note to my good whole lot of money, and tax relief for (Mr. LEVIN asked and was given per- friend of Michigan, that there are 61,086 getting married will help my daughter mission to revise and extend his re- married couples. So if we multiply that and her husband get along. Needless to marks.) by two, that is 122,000 taxpayers in the say, we are going to have to help them Mr. LEVIN. Mr. Speaker, I wanted to 12th District of Michigan who will pay get into that first house, and I think pick up the theme of the gentleman higher taxes, just because they are many of my colleagues have children from California (Mr. MATSUI), actually married, if we fail to make elimination for whom they do the same thing. both themes. of the marriage tax penalty permanent. So it is not a tax break for the rich. One of the issues is fiscal irrespon- Mr. Speaker, I yield 3 minutes to the It is just wrong to penalize married sibility, and what the gentleman from gentleman from California (Mr. couples, and let us make this perma- Illinois (Mr. WELLER) and others are CUNNINGHAM). nent so that millions of Americans will suggesting is we have a deep hole, so (Mr. CUNNINGHAM asked and was receive the benefit of the marriage pen- dig it deeper. And as the gentleman given permission to revise and extend alty. from California (Mr. MATSUI) has his remarks.) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE pointed out, what you are digging out Mr. CUNNINGHAM. Mr. Speaker, I The SPEAKER pro tempore. While are Social Security monies. These are know the other side of the aisle talks the Chair would congratulate the gen- monies that people pay in taxes for So- that we have not passed any appropria- tleman from California on being skill- cial Security; and that is the height of tions bills. The Senate, the other body, ful, under our constitutional scheme, fiscal irresponsibility. has only sent the House two bills. I am the other body he is referring to could But I want to comment on the second very careful, I am not going to bad only be one other body, and all Mem- theme about unemployment compensa- mouth the Senate. I am just making a bers are reminded to avoid character- tion. It is disgraceful that the majority fact. They have only sent us two appro- izations to actions or inactions taken intends to leave here without raising priations bills, Defense and MILCON in the Senate. one little finger to help people who are which we are going to act upon. Mr. MATSUI. Mr. Speaker, I yield unemployed through no fault of their We have sent them 54 bills that the myself 1 minute just to make an obser- own in this country. We passed earlier Senate has not acted upon. Some of vation to the gentleman from Cali- a temporary emergency unemployment those are critical. The marriage pen- fornia (Mr. CUNNINGHAM) who I have a compensation program. It terminates alty is the issue, but some of these bills deep amount of respect for and is really on December 28, 2002; but you have not my colleagues talk about like work- a wonderful colleague of mine. done a darn thing to try to extend it or men’s comp corporate accountability, I might just point out that he had improve it. the energy bill that is critical for Cali- said his son was getting married in a

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.016 H02PT1 H6936 CONGRESSIONAL RECORD — HOUSE October 2, 2002 few months. My son got married three weeks of extended benefits on top of tion and take it up? No, because they months ago, but I do not think it the regular unemployment insurance. are debating homeland security. They makes him feel any better if I tell him In this recession, we have done only are going to start debating the Presi- that we just passed a resolution to in- half as well, 13 weeks. In the last reces- dent’s resolution to provide a preemp- struct the Senate to take action on a sion, we extended it for 21⁄2 years. We tive strike on the country of Iraq, and bill that will not take effect until 2011. have only done it for 9 months, 91⁄2 so they have other things that they are I do not think that makes him feel he months during this recession. It is just doing. So let us see what we are doing. is anymore richer or anymore secure in not right, Mr. Speaker. We are passing a resolution today to terms of his economic well-being. We should be using the time on this ask the Senate to take up a bill that That is what we are talking about: floor today to act for the people who we passed some time ago. What is not doing something that is irrelevant at a need our help today and not on a reso- being really told here today is that the time when in California, I might also lution that has no impact. I think the repeal of the marriage penalty is al- point out to the gentleman who just American people should be outraged ready law. The President signed that spoke, we have 404,000 Californians that that we are not taking the time avail- bill last year, and so we are being told have lost their unemployment benefits; able to do what is right for this Nation by the gentleman from Illinois (Mr. in addition to that, their health insur- and protect the people who, for no fault WELLER) that this family from his Dis- ance benefits. And so unless we take of their own, have lost their jobs. We trict, the Castillos, are going to suffer action to extend these unemployment have always done it in the past in a bi- the loss of this marriage penalty which benefits, it is going to be catastrophic partisan way. Democrats and Repub- benefits them some $1,125 unless we to many of these people. licans have come together through make this repeal permanent. Mr. Speaker, I yield 3 minutes to the every recession in the modern history Mr. Speaker, the problem is that the distinguished gentleman from the of this Nation to protect those people Castillos have received nothing from State of Maryland (Mr. CARDIN), a who are unemployed, but somehow we repeal of the marriage penalty. The member of the House Committee on do not have time for that in this Con- reason is it does not start to phase out Ways and Means, a member also of the gress. Shame on the Republican leader- until the year 2005. So the Congress, subcommittee that has jurisdiction ship. with the gentleman from Illinois’ (Mr. over welfare reform. Mr. WELLER. Mr. Speaker, before I WELLER) support repealed the marriage Mr. CARDIN. Mr. Speaker, I thank yield 1 minute to the gentleman from penalty beginning in 2005 and phasing the gentleman from California (Mr. California (Mr. CUNNINGHAM) to re- it to total repeal in 2010. Then what MATSUI) for yielding me this time. spond to his colleague’s comments, I do they did in 2011, it comes back into Mr. Speaker, this resolution we are want to point out that in the 3rd Dis- being. going to be spending our time working trict of Maryland that there are 66,851 The point I am trying to make is he productively on in this body, but it married couples who will suffer higher says that the Castillos are going to get does give us a chance to talk about the taxes if we fail to make permanent the $1,100 and they can do such things as economic program that the Repub- elimination of the marriage tax pen- day care for their children. licans have brought forward, an eco- alty. That is why we are here today, to b 1130 nomic program that has cost this Na- talk about elimination of the marriage tion 2 million jobs since March of last tax penalty. They can start saving for education year, hardworking people who cannot Mr. Speaker, I yield 1 minute to the for their children, their retirement, or find employment, people, through no gentleman from California (Mr. the downpayment on a new home. That fault of their own, who are now draw- CUNNINGHAM). is all nonsense. The Castillos in 2002 ing unemployment insurance or who Mr. CUNNINGHAM. Mr. Speaker, are going to get zero, in 2003 they are have exhausted their unemployment first of all, I tell my colleague, I have going to get zero, in 2004 they are going insurance, people who are trying to got a daughter, not a son, and I have an to get zero, and in 2005, when we start maintain their dignity and their mort- adopted son, but I am speaking about the phaseout, they will get a total of gage, but instead of addressing their my daughter. about $223. So what we are doing here concerns and extending unemployment I would also, when you look at jobs is sheer and utter nonsense. compensation for the millions of people lost in the State of California, Gov- If my colleague wants to tell the Sen- who have exhausted or will exhaust ernor Davis frittered away billions of ate to take action on this bill or any their unemployment insurance, we are dollars, but now because of energy cri- other bill, he can call his two Senators. talking about a resolution that has no sis Buck Knives is moving to Idaho, The taxpayers gave us a phone in the impact for a long time if it were acted they save a half a million dollars a office. Call them. upon by the other body. month. When my colleague wants to So the things we are hearing today Two point seven people seek a job for look at loss of jobs and lack of leader- are just total nonsense. And why are every job that is open in this country. ship of our governor, take a look at we doing this debate? Well, because the We do not have enough employment that and how it has affected every job House does not want to take up the ap- opportunity. We need to have a safety in California. propriation bills. We have passed five net for those people who are unem- We have the highest workmen’s comp of 13 appropriation bills. The Federal ployed. Since we debated the resolution of any of the States in the Nation in fiscal year started yesterday. Eight last week on this floor, 50,000 more the State of California, but if we take bills are sitting there waiting for ac- Americans have exhausted their unem- a look, a lot of our businesses are leav- tion, and the Republicans in the House ployment insurance, and yet this body ing because of Gray Davis. of Representatives want to go on tell- does nothing to deal with that. Mr. MATSUI. Mr. Speaker, I yield 41⁄2 ing the Senators what to do. Well, if I 1.5 million Americans are long-term minutes to the distinguished gen- were a Senator, I would call the House unemployed. 8.1 million Americans are tleman from the State of Wisconsin and say, Do not tell me what to do; I unemployed today. That is as high as it (Mr. KLECZKA), a member of the Com- will tell you what to do: take up the was in March of this year when we mittee on Ways and Means. other eight appropriation bills. Or, let acted on an unemployment extended Mr. KLECZKA. Mr. Speaker, I am us start talking on this floor about the benefit program. The problem is that if coming to this side of the aisle this shabby state of the economy. we do not act again, the next time we morning so my remarks can be heard Thousands of jobs have been lost will have a chance to do this will be 5 by my Republican colleagues, espe- since this President took over. The months from now, and in that 5-month cially the gentleman from Illinois (Mr. market has gone down by some 38 per- period, 3 million Americans will either WELLER). cent, meaning millions of Americans lose or exhaust their unemployment in- What are we doing here today? We have lost trillions of dollars in their re- surance. have before us a resolution which tells tirement accounts. Unemployment has Mr. Speaker, in 1992, the last reces- the Senate to take up legislation to gone up. Yet what are the Republicans sion that we had, this body, the Con- make the marriage tax repeal perma- talking about in the House of Rep- gress of the United States, enacted 26 nent. Are they going to get this resolu- resentatives? Telling the Senate what

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.021 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6937 to do. Let us talk about the economy. Mr. MATSUI. Mr. Speaker, I yield 3 have any investment income on which Let us debate how we are going to get minutes to the distinguished gen- to pay taxes. So that aspect of their this ship back on course. The adminis- tleman from the State of Texas (Mr. program has been very effective in cut- tration is not doing it. They are in- DOGGETT), a member of the Committee ting taxes. censed with starting a war with the on Ways and Means. If you are one of the more than 2 mil- country of Iraq and every day their ar- Mr. DOGGETT. Mr. Speaker, I thank lion people who have lost their job guments keep shifting. the gentleman for yielding me this since the beginning of last year, you And if in fact we do that ill-fated time. have no earnings to report. Repub- deed, that will cost $9 billion a day, Mr. Speaker, in a little over three licans have provided a 100 percent tax adding to the deficit. When this Presi- months, my wife, Libby, and I will cel- cut for you. dent took over, we had a surplus as far ebrate our 34th wedding anniversary. This economy and the whole legisla- as the eye could see. My colleagues, But I recognize that not every family tive process related to it, have been today we have a $165 billion deficit, and in this country and every individual in very effective in reducing the taxes for it is growing. this country has been as fortunate as some Americans. Unfortunately, be- Mr. WELLER. Mr. Speaker, I yield we have. Some have had their mar- cause Republicans, through this and re- myself such time as I may consume to riages cut short by war. Indeed, the lated resolutions, focus on what might note that besides the 548,859 married very disparity in the Tax Code that is happen in 2011 instead of what is hap- couples in Wisconsin that will suffer currently called the marriage penalty pening in 2002, this has left many higher taxes if we fail to make perma- originated when a World War II widow, Americans behind; many Americans nent the elimination of the marriage who had lost her husband in the de- with empty pockets. So these Ameri- tax penalty, the left wing policy gurus fense of our country during the great cans will not be paying any taxes, but for the Democratic party, like Stanley victory in World War II, came to Con- they will not have any income either. Greenberg, James Carville, Robert gress and said: ‘‘I lost my husband. Mr. WELLER. Mr. Speaker, I yield Shrum of the Democracy Corps noted Why should I have to pay higher taxes myself such time as I may consume to in their strategy memo to the Demo- than those who did not lose their hus- note, in response to my colleague’s crats earlier this year that they really band and remain married?’’ She said, claims that somehow single people need to get behind some of their own ‘‘This constitutes discrimination would pay higher taxes under the legis- initiatives on tax cuts. And making against widows.’’ In response, the Con- lation signed into law last year, that permanent the abolition of the mar- gress tried, though not with great per- that is absolutely false. The marriage riage penalty is something that the left fection, to correct that penalty. tax elimination legislation actually wingers even recommend. And I would This is not a debate about the mar- makes the Tax Code neutral. So that two single people living together or note that 60 Democrats did vote with riage penalty. I have yet to meet a two married people living together, us earlier this year to make permanent Member of this Congress, in any of the who are all in the workforce, do not the elimination of the marriage tax several sessions we have taken up this pay higher taxes. So whether you are penalty. measure, that has not voted in one Mr. Speaker, I yield 2 minutes to the form or another to correct the mar- single or married, we make the Tax Code neutral so that married couples gentleman from Illinois (Mr. CRANE), a riage penalty. This is totally about dis- do not pay higher taxes just because leader in helping working families. traction from the ineptness of this they are married. Mr. CRANE. Mr. Speaker, I thank Congress. And let us remember that 58,612 mar- the gentleman for yielding me this Now, the specific proposal that the ried couples suffer the marriage tax time, and I rise in strong support of gentleman from Illinois (Mr. WELLER) penalty. We want to eliminate it per- House Resolution 543, calling upon is advocating is very relevant to our sonally. We need bipartisan support in Congress to make marriage penalty re- current time. Because, clearly, since both bodies to achieve that. lief permanent. Americans will have to do almost all Mr. Speaker, I yield 2 minutes to the I can think of fewer provisions in the the dying in the war that the Adminis- gentleman from Kansas (Mr. RYUN). Tax Code that are more offensive than tration wants to start against Saddam Mr. RYUN of Kansas. Mr. Speaker, I the marriage penalty tax. Why we Hussein, we will have more war widows urge my colleagues to consider the con- would continue to punish dual-wage in this country. And under the proposal sequences that the marriage tax pen- earning families in this regard is abso- of the gentleman from Illinois, he pro- alty holds for married couples and for lutely obscene. Congress did the right poses that those war widows and wid- those considering marriage. The Amer- thing in providing significant relief for owers will have to pay higher taxes ican people are asking why couples over 35 million low- and middle-income than married couples in the same situ- should be penalized $1,400 just for say- married couples when it passed the ation. ing ‘‘I do.’’ Economic Growth and Tax Relief Rec- Additionally, if a woman leaves her Those who choose marriage as a way onciliation Act last year. husband because she has been battered, of life to raise their children in Amer- Unfortunately, the law with it, the she will have to pay higher taxes than ica today deserve to be rewarded and marriage penalty relief provisions, will a similar woman in the same situation not penalized. The marriage tax pen- expire in the year 2011. What happens if who remains married. If one chooses to alty discourages couples from entering the law expires? First, the standard de- be single for whatever reason that indi- the sacred institution of marriage. duction for 21 million married couples vidual also will have to pay higher Married couples with stay-at-home will be reduced, forcing an increase in taxes than those in a similar situation mothers often have to seek out em- their taxes. Second, the 15 percent tax who choose to be married. ployment while trying to raise a family bracket for married couples will be re- This is a single person’s discrimina- just to pay their taxes. duced, thus increasing taxes for 20 mil- tion act. It does not maintain neu- While our recent tax cuts began the lion married couples. Overall, we will trality without regard to marriage, as process of alleviating the tax burden on be looking at a $25 billion tax increase it should. That neutrality concept is married couples, one simple truth re- on married couples by 2012. the one that I favor for our tax code. mains. The marriage tax penalty will The time to act is now. Delaying ac- There is one aspect of this tax pro- be back in full force by the year 2011, tion will, under our scoring rules, only gram that has been completely effec- when the scheduled cuts will expire and increase the revenue needed to make tive, and I think credit is due to the the penalty will be reinstated. the current provisions in the Tax Code gentleman from Illinois, the Repub- I urge each of us to consider the neg- permanent. This is not a Republican licans, and the Administration for its ative consequences that await us if the issue or a Democrat issue; it is a fami- effectiveness. If you are an investor marriage tax penalty is not perma- lies issue. In that regard, I hope we can and you are getting your third quarter nently removed. Let us end this regres- amass a broad bipartisan vote on this statement about now, you show only sive tax once and for all. resolution and send a signal to all losses, no gains. These folks have given Mr. MATSUI. Mr. Speaker, I yield 31⁄2 Americans that we will resolve this you a 100 percent tax cut with this minutes to the distinguished gen- issue soon. Bush stock market because you do not tleman from the State of Indiana (Mr.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.069 H02PT1 H6938 CONGRESSIONAL RECORD — HOUSE October 2, 2002 VISCLOSKY), a member of the House suggested I was tired. Today, I am sur- terms of taxes in 2011, and there will be Committee on Appropriations. prised, with the record of the majority a $25 billion tax increase in 2012 to pri- Mr. VISCLOSKY. Mr. Speaker, I ap- over the last 2 years of getting things marily middle-income married couples preciate the gentleman yielding me done. My Republican colleagues have who otherwise would benefit from the this time, and if I could ask my col- turned a surplus of $237 billion into a marriage penalty relief which passed league from Illinois (Mr. WELLER), my deficit of $165 billion; they have turned this House. good friend, a question before I begin economic growth into a recession. All we are saying today is let us my remarks, I would appreciate that The Dow Jones Industrial Average make this permanent. We heard my opportunity. was at 10,646 at the beginning of this colleague talking about the economy, At the end of most of my colleagues’ Congress. Under Republican leadership, and I could not agree with the gen- comments, the gentleman from Illinois yesterday it closed at 7,863. My col- tleman more. We have a serious eco- has pointed out his assertion as to how leagues have also been able to turn me- nomic problem that started in the many couples, working families, et al dian household income around. It has spring of 2000, as any economist knows, would be benefited. I am from the first declined. It has declined from $43,100 to during the Clinton administration. The district in Indiana. I thought perhaps $42,200. Maybe they do not quite need downturn got pretty deep over the next we could begin my discussion with as much help. several months, and hopefully we are those figures now instead of ending The resolution today talks about now coming out of it based on all the with those. making permanent a tax change. Hope- economic data. But my colleague was Mr. WELLER. Mr. Speaker, will the fully, by 2010, these aberrant facts will suggesting that because we are in an gentleman yield? have changed. But two things have be- economic downturn, although hope- Mr. VISCLOSKY. I yield to the gen- come permanent under my colleagues’ fully we are coming out of it, that tleman from Illinois. leadership. I have people who have per- somehow we should not make the mar- MR. WELLER. What is the gentle- manently lost their jobs in the domes- riage tax penalty permanent. man’s question again? tic steel industry, and they are never I guess I would ask the gentleman, Mr. VISCLOSKY. Would the gen- going back. Many of those people per- going back to the philosophical basis tleman have an assertion as to how manently lost their health insurance. here, should people who are married many working families in the First They are never getting it back. Many pay significantly more taxes than if Congressional District he would assert of those people at LTD, who perma- they were single living together? The are benefited because of the resolution nently lost their job, permanently lost philosophy here is one that there seems on the floor today? to be a consensus on in this House, and Mr. WELLER. If the gentleman will their health care, permanently, for- the question is should we make this a continue to yield, and, of course, I am ever, the rest of their lives, lost part of tax law change, which is to say, we on the gentleman’s time, I would note their pension. We ought to be voting on 4646 to pro- change the code on a permanent basis. that the only people who suffer—— Congress can always come back and re- Mr. VISCLOSKY. Does the gen- vide people who used to have a job with visit any of our tax law legislation; or tleman have a number? some real health care protection. That Mr. WELLER. The only people who is what we ought to be doing today. should we have an absurd situation suffer the marriage tax penalty—— Mr. WELLER. Mr. Speaker, I yield where it is going to be in place for the Mr. VISCLOSKY. Do you have a myself such time as I may consume to next 8 years, and then it will suddenly number? remind my colleague from Indiana, expire and we will go back to previous Mr. WELLER. The only people who who is a friend, that there are 606,024 law where again 36 million low and suffer the marriage tax penalty—— married working couples who suffer the middle income married couples will Mr. VISCLOSKY. Well, I will reclaim marriage tax penalty and will face end up paying higher taxes to the tune my time if you do not have a number. higher taxes unless we make perma- of $17 billion in 2011, and $25 billion in Mr. WELLER. Are those who are nent our efforts to eliminate the mar- the year 2012. That does not seem to working. And there are 54,601 married riage tax penalty. make sense. couples in your district, sir, since you Mr. Speaker, I yield 2 minutes to the This resolution, I think, is important asked—— gentleman from Ohio (Mr. PORTMAN), just to shine light on this issue. This is Mr. VISCLOSKY. Mr. Speaker, I re- who has been a real leader in efforts to one issue that we could resolve on a bi- claim my time. help working families. partisan basis. Admittedly, it is un- Mr. WELLER. Who are working and likely the Senate will act, but it is pos- b 1145 suffer the marriage tax penalty benefit sible. If the Senate were to act, I think under this legislation. Mr. PORTMAN. Mr. Speaker, I thank it would be a strong bipartisan vote on Mr. VISCLOSKY. I take my time the gentleman for yielding me this the floor of the Senate, and the House back, Mr. Speaker. time, and I congratulate the gentleman would eagerly take up the legislation, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE on being persistent on this issue over get it to the President who would hap- The SPEAKER pro tempore (Mr. the years. pily sign it and enact it into law. I LATOURETTE). The time has been re- There are not many issues we agree thank the gentleman for raising it claimed by the gentleman from Indi- on in this Chamber, particularly as we today. I hope this is one issue we can ana. The Chair would appreciate the come up to an election, but this is one resolve. courtesy of all Members in only speak- where I think we have a consensus, Mr. MATSUI. Mr. Speaker, I yield 3 ing when yielded time. which is that just by the act of getting minutes to the gentleman from Cali- Mr. VISCLOSKY. Mr. Speaker, re- married, one should not have to pay fornia (Mr. BECERRA), a distinguished claiming my time, I also have a sta- higher taxes. Married people should not member of the Committee on Ways and tistic. There used to be 6,700 working pay higher taxes than those who might Means. families in the First Congressional Dis- be living together, but not in marriage Mr. BECERRA. Mr. Speaker, I thank trict. They are not going to be bene- as individuals. That is the principle be- the gentleman for yielding me this fited by this resolution, and not be- hind this legislation. time. Time and time again this year, cause of the reasons that the gen- Because of a Senate procedural rather than being in a posture to work tleman from California (Mr. MATSUI) quirk, the legislation which passed this with the other side of the aisle on stated, that this is meaningless for the House on a bipartisan basis was not issues that really matter, the budget, next 8 years. It is because they have able to be permanent. It had to be a 10 the economy, Social Security, health lost their job since George Bush be- year, now because we are 2 years later, care, corporate responsibility, growing came President and the 107th Congress 8.5 year piece of legislation so that this unemployment, education, instead of began; 6,700 people do not have a pay- marriage penalty relief that this House working on those issues, we find our- check. They do not have to worry agrees on on a bipartisan basis expires selves again debating imprudent and about this resolution. in 8 short years. If we do not make this ill-timed public policy. I must tell my colleagues that last permanent, what will happen? It means Why imprudent? Well, we were told week, under similar circumstances, I that $17 billion will be increased in by President Bush upon his assumption

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.025 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6939 of office that we would have massive closures are at a record high. The Fed- tleman from Massachusetts (Mr. surpluses so we could afford tax cuts eral budget deficit has increased. NEAL), a member of the Committee on which are weighted towards the Mr. Speaker, we have work to do, and Ways and Means, to close. wealthy. Today we are in deficits just 2 it is now, today, not in 10 years. It is (Mr. NEAL of Massachusetts asked years into this presidency. for all Americans, not just wealthy and was given permission to revise and Persistent recession, we were told Americans. Let us move on from here extend his remarks.) last year this will only last a few and do the real work of the Congress. Mr. NEAL of Massachusetts. Mr. months, we will be out of this. But we Mr. WELLER. Mr. Speaker, I yield Speaker, there is an easy way to clear continue to be mired in recession. myself such time as I may consume. up these budget differences we have Regarding homeland security needs, 2 Mr. Speaker, I would note to the gen- today. I propose formally that every years ago when the President assumed tleman who spoke in opposition to letter in this institution submitted to office, he could not have expected that eliminating the marriage tax penalty an appropriator be published, request- we would need to devote so many of that there are 2,752,159 married work- ing the expenditure of the public purse. our resources to protect the homeland ing couples in California, and 44,685 The most egregious violators of budget and to deal with terrorist threats married working couples in the 30th discipline here tend to be those who abroad. Congressional District of California pontificate in the well of the House Education, we have a President who who will face higher taxes unless we about spending regularly. is reneging on his promise to fund edu- make permanent the elimination of the We have talked about the marriage cation, even under his own bill which marriage tax penalty. penalty. In light of the fact that Presi- he calls the No Child Left Behind Act. Mr. Speaker, I yield 2 minutes to the dent Bush has requested $48 billion On health care, we all know the sto- gentleman from California (Mr. COX). more for defense, $38 billion more for ries of seniors having to make deci- Mr. COX. Mr. Speaker, I thank the homeland security, measure that sions between their rent or their pre- gentleman for yielding me this time. against the fact that the stock market scription drugs. Ill-timed and ill-con- The statement that we just heard has lost almost 3,000 points in the last ceived. The timing could not be worse. from the gentleman on the other side year and a half, we have no enthusiasm We are talking about the possibility of of the aisle was essentially aimed at in this institution, it seems to me, for this country engaging in war which one point, and that is because Saddam going after those who have perpetuated will cost tens of billions of dollars. We Hussein is in Iraq, the worry about the the hoax of seizing pension benefits are talking about an uncertain future economy and so on, we ought to raise from regular employees at the same for a country that has got a stock mar- taxes on everyone; and we ought to do time that they would not allow those ket that is plunging. And we talk so on schedule, a little less than 10 employees to sell Enron stock. Where about Americans who, today and every years from now. is the enthusiasm we have for taking day, are losing their jobs because we At once I heard that is so far off from that up today? have a government leadership that is now, why are we worried about it? And Instead, we go over and over the sim- not focusing on putting people back to on the other hand, if we do not have plicity of the message: Let us cut work. that tax increase a few years from now, taxes. Why do we not have the time Mr. Speaker, it seems evident that then all hell is going to break lose. after we have discussed this marriage the priorities of my friends on the The truth is that 36 million married penalty bill time and again in this in- other side of the aisle, above all else, taxpayers, low and middle income tax- stitution, why do we not have time to and at the expense of addressing the payers, deserve to be treated fairly. bring up the Bermuda tax loophole or growing unemployment in this coun- Americans should not be taxed more get a vote on the issue of Bermuda? try, above all else and at the expense of because they are a working woman. These corporations have gone to Ber- providing money for our schools, above When a woman goes to work, her hus- muda in the time of a war that the Na- all else and at the expense of dealing band goes to work, she ought to be tion is preparing for, for one purpose, with our growing health care crisis, treated the same as every other Amer- to escape taxes. And what is the answer that their priority is to ensure that ican. But, we have a penalty right now from the other side? The majority lead- upper-income Americans are ensured if married couples work, and they do er said that is like going to North tax cuts a decade from now because not pay taxes the same way as two Carolina or Florida. I guess they think this policy does not affect today or to- Americans would if they were two men Bermuda is the 51st State. morrow or the day after. It is a decade sharing an apartment. They do not pay I am amazed that we can discuss the from now. taxes the same way that they would if marriage penalty relief, anything that We have got sight of Iraq and Sad- they were a man and woman who were says lower taxes to get us through this dam Hussein now, and we are talking not married. It is discrimination, plain election cycle, but we cannot talk about debating, after we should have and simple, against working families, about Bermuda. The reason that we do finished a budget for the Federal Gov- against working couples. It is wrong. not talk about Bermuda on this House ernment and we have not, we are talk- That is why we want to get rid of the floor is very simple: Because 350 Mem- ing about doing something 10 years marriage tax penalty. It is unfair. It is bers of this House will vote to do some- from now for people whom we do not immoral for the United States to do thing about it rather than trying to know what circumstances they will be this. sneak through this election cycle. in. We did, in fact, pass a law here that These companies leave in the dark of Mr. Speaker, unemployment is in- has been signed by President Bush to night. Name them. Stanley came to creasing. More than 2.5 million people repeal the marriage tax penalty, but in their senses because they finally want- are unemployed today versus when the Senate, which we are now privi- ed to help us do things right. We President Bush took office. Two years leged to call it on the House floor, be- watched this parade out of country, ago, there was growing job creation. 1.7 cause of their arcane budget rules, they and they preach patriotism to all of us. million jobs were created 2 years ago. put in this poison pill which had a time We deserve a vote on the Bermuda bill In 2000, 1.7 million jobs were created. In bomb that will blow up in 2011 and then in this House, and let us send a mes- 2 years, we have lost virtually every hike taxes on 36 million married peo- sage to the American people about fair- single one of those jobs. ple. That is wrong. This says let us fix ness and equity in our lives. Poverty is on the rise for the first it, and we shall. time in more than 8 years. We have ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1200 seen the ranks of the poor increase by The SPEAKER pro tempore (Mr. Mr. WELLER. Mr. Speaker, I yield over 1 million people. Incomes are fall- LATOURETTE). The Chair reminds all myself such time as I may consume. ing for the first time since 1991. Hun- Members that characterizations of the Mr. Speaker, we have had a lot of in- dreds of thousands of people are filing rules of the Senate or of the Senate are teresting arguments on the other side for bankruptcy. Almost 800,000 Ameri- not appropriate. of the aisle. I would note that every cans filed for bankruptcy in the first Mr. MATSUI. Mr. Speaker, I yield one of them tries to distract from the half of the year 2002. Mortgage fore- the balance of my time to the gen- issue that is before us today. The issue

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.028 H02PT1 H6940 CONGRESSIONAL RECORD — HOUSE October 2, 2002 that is before us today is do we perma- every married couple who suffers the eliminate and prevent that tax burden nently eliminate the marriage tax pen- marriage tax penalty. We helped them from being restored and reimposed on alty for 42 million married working in a number of ways. We doubled the Jose and Magdalena Castillo and the couples who benefit from the Bush tax standard deduction for those who do other 42 million married working cou- cut. Unfortunately because of a rule in not itemize so that a married couple ples who benefit from the elimination the Senate, it had to be temporary. has a standard deduction twice that of the marriage tax penalty. That is We have often asked in this House of when they file jointly compared to a what this debate is all about. Representatives whether or not it is single. That benefits 21 million married We have heard so much from the right, it is fair, to punish a married working couples. They would see their other side of the aisle who want to con- working couple where the husband and taxes increased if this fails to be made fuse the debate, who want to change wife are both in the workforce, that we permanent. For those who do itemize, the subject when the issue before us is should punish them with higher taxes homeowners, those who give to their a basic one, and, that is, it is an issue just because they are married. In the church or institutions of faith and of fairness. Should a middle-class cou- House this year, we have passed legis- charity, their synagogue, to help the ple who are both in the workforce pay lation to permanently eliminate the itemizers, we widen the 15 percent tax higher taxes just because they are mar- marriage tax penalty. I would note bracket so that those filing jointly, ried? We answered that question last that 271 Members of this House, a bi- married couples, can earn twice as year when we passed as part of the partisan majority, voted to eliminate much in the 15 percent bracket as a Bush tax cut our legislation to elimi- the marriage tax penalty. Even those single and not pay higher taxes just be- nate the marriage tax penalty. Unfor- who all spoke against this, I would cause they are married. Also, we help tunately because of a rule in the other note, all voted ‘‘no’’ on eliminating the poor people, the working poor. Those body, it had to be temporary. It should marriage tax penalty, so it is under- who utilize the earned income tax cred- be an overall bipartisan goal to treat standable why they would continue to it, 4 million married working couples, working families fairly. My hope is oppose eliminating the marriage tax low-income working couples who suffer that more than 60 Democrats will vote penalty, that there were still 60 Demo- the marriage tax penalty saw their with every Republican today to perma- crats who joined with us. They saw the marriage tax penalty eliminated be- nently eliminate the marriage tax pen- merit in making the Tax Code neutral cause of the Bush tax cut. Of course, alty because that is the vote that is be- when it comes to marriage, so that a those low-income working couples will fore us. If Members vote ‘‘no,’’ they are married working couple does not pay pay higher taxes if we fail to make really voting to raise taxes on 42 mil- $1,700 more on average just because marriage tax penalty elimination per- lion married working couples. They are they are married. manent. voting to raise taxes on married work- My friends and colleagues on the I noted earlier that we had over- ing couples such as Jose and other side of the aisle say that elimi- whelming bipartisan support of the ef- Magdalena Castillo. nating the marriage tax penalty some- fort to eliminate the marriage tax pen- As I have noted, the House has passed how just benefits rich people. The aver- alty when this bill passed the House. this overwhelmingly. The Senate has age or typical married couple suffering As you know, the Senate has not yet not yet acted. Let us vote to ensure the marriage tax penalty makes 60, acted. Our hope is that we can work in that Congress gets it done this year. I $70,000. They are middle class, they are a bipartisan way and do the right thing ask for a bipartisan ‘‘aye’’ vote. both in the workforce, on average they and, that is, to permanently eliminate Mr. SMITH of Texas. Mr. Speaker, I urge have kids, they have a mortgage, and the marriage tax penalty so that no my colleagues to support permanent repeal of they pay higher taxes just because married couple has to look forward to the marriage tax penalty. The unfair marriage they are married. the threat of higher taxes just because tax adversely affects more than 21 million I have an example of a couple here some people in Washington would rath- married couples. It forces couples to pay more from the district that I represent in er spend their money in Washington in income taxes than they would pay if filing the south suburbs of Chicago, Jose and rather than allowing them to take care individually. It is a tax on marriage and a tax Magdalena Castillo, a typical couple in of their family’s needs. on starting families. If anything, we ought to Joliet, Illinois, who work hard and are Mr. Speaker, this really is a vote on give newly married working couples a tax raising a family, little Eduardo and do we impose higher taxes on married break. Carolina, have hopes and dreams, have couples. We have worked to make the Several months ago this House voted to a home, want to send their kids on to marriage tax penalty eliminated. We permanently repeal the marriage tax. The college. Thanks to the Bush tax cut, have worked to make the Tax Code House has acted; the Senate has not. In my they are seeing their marriage tax pen- neutral so that a married couple, both Texas district, over 65,000 married couples alty eliminated. For Jose and in the workforce, pay no more in taxes would benefit from the permanent repeal of Magdalena Castillo, their marriage tax than an identical couple who happen to the marriage tax penalty. The tax code is un- penalty was about $1,125. My colleagues be not married who are all in the work- fair and ought to be changed. It is time to say ‘‘I do’’ to relief from the mar- who have argued against permanently force. That is the right thing to do. We riage tax penalty. eliminating the marriage tax penalty can eliminate the marriage tax pen- The SPEAKER pro tempore (Mr. alty. for Jose and Magdalena Castillo of Jo- LATOURETTE). All time for debate has As I noted earlier in debate, even the liet, Illinois, are the same ones who expired. have called for repeal of the Bush tax left-wing policy guru James Carville Pursuant to House Resolution 547, cut, essentially saying, let us pull it has suggested that Democrats probably the resolution is considered read for out from under the Castillos, let them really ought to get on board and sup- amendment and the previous question pay that marriage tax penalty because port permanently eliminating the mar- is ordered on the resolution. we need the money here in Washington riage tax penalty because the true The question is on the resolution. because we could spend it better here beneficiaries of eliminating the mar- The question was taken; and the than Jose and Magdalena Castillo can riage tax penalty are the middle-class Speaker pro tempore announced that spend it back in Joliet, Illinois. and low-income families. As I noted the ayes appeared to have it. The marriage tax penalty, $1,125 for here with Jose and Magdalena Castillo, Mr. WELLER. Mr. Speaker, I object the Castillos, is real money. It is their combined income, they are con- to the vote on the ground that a money they can set aside for college struction workers, is about $85,000. quorum is not present and make the for little Eduardo and Carolina. It is There are some on the other side who point of order that a quorum is not money they can use to make several probably think that Jose and present. months’ worth of car payments or sev- Magdalena are rich because they make The SPEAKER pro tempore. Pursu- eral months’ worth of day care. It is $85,000 a year. In the south suburbs of ant to clause 8 of rule XX, further pro- real money. Chicago, that is a middle-class family. ceedings on this question will be post- We worked when we passed into law Before the Bush tax cut, they suffered poned. the Bush tax cut, which was signed $1,125 in higher taxes just because they The point of no quorum is considered into law in June of last year to help were married. We want to permanently withdrawn.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.031 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6941 GENERAL LEAVE day, September 26, 2002, the gentleman control the times, places and manner Mr. WELLER. Mr. Speaker, I ask from Ohio (Mr. NEY), the gentleman of holding elections, this resolution is unanimous consent that all Members from Maryland (Mr. HOYER), the gen- a critically important step toward get- have 5 legislative days in which to re- tleman from California (Mr. COX), and ting the States to focus on what would vise and extend their remarks and to the gentleman from Texas (Mr. FROST) be their critical role in replenishing 1 include extraneous material on the each will control 22 ⁄2 minutes. the Federal legislature by ensuring subject of House Resolution 543. The Chair recognizes the gentleman that special elections are held as The SPEAKER pro tempore. Is there from Ohio (Mr. NEY). quickly as possible. objection to the request of the gen- GENERAL LEAVE In conclusion, I want to thank our tleman from Illinois? Mr. NEY. Mr. Speaker, I ask unani- ranking member, the gentleman from There was no objection. mous consent that all Members have 5 Maryland (Mr. HOYER), and all the legislative days in which to revise and members of the Committee on House f extend their remarks and include ex- Administration. We have dealt with a EXPEDITED SPECIAL ELECTIONS traneous material on the subject of series of more than unique issues that have affected the body of this floor and Mr. NEY. Mr. Speaker, pursuant to this resolution. The SPEAKER pro tempore. Is there also affected the staff of the U.S. House the order of the House of Thursday, objection to the request of the gen- and the other body in the sense of an- September 26, 2002, I call up the resolu- tleman from Ohio? thrax, how to deal with issues we never tion (H. Res. 559) expressing the sense There was no objection. even really thought of before. I want to of the House of Representatives that Mr. NEY. Mr. Speaker, I yield myself thank the gentleman from Maryland each State should examine its existing such time as I may consume. for the working relationship we have statutes, practices, and procedures gov- Mr. Speaker, in May of this year, the had on that and just say this is another erning special elections so that, in the Speaker and minority leader formed piece and component, I think, to mak- event of a catastrophe, vacancies in the the Continuity of Congress Bipartisan ing sure that those who want to hurt House of Representatives may be filled Working Group to study government us will not infringe upon our democ- in a timely fashion, and ask for its im- continuity issues. The working group racy. mediate consideration. is cochaired by House Policy Com- Mr. Speaker, I urge support of this The Clerk read the title of the resolu- mittee Chairman CHRISTOPHER COX and resolution. tion. Democratic Caucus Chairman MARTIN Mr. Speaker, I ask unanimous con- The text of House Resolution 559 is as FROST. I want to thank both gentlemen sent that the gentleman from Cali- follows: for their efforts on this very important fornia (Mr. COX) control the balance of H. RES. 559 piece of work, as well as all partici- my time. Whereas the death or disability of hun- pants in the working group on both The SPEAKER pro tempore. Is there dreds of Members of Congress would deprive sides of the aisle and the cosponsors of objection to the request of the gen- millions of Americans of representation in this resolution. tleman from Ohio? Congress, possibly for a period of months The purpose of the working group is There was no objection. until special elections to fill the vacancies could be conducted; to study ways to ensure that the U.S. Mr. HOYER. Mr. Speaker, I yield my- Whereas such a catastrophe would severely House of Representatives continues to self such time as I may consume. I rise impair the functioning of the House and ef- function in the event of a terrorist at- in strong support of this resolution, fectively disrupt the legislative branch for tack or other catastrophe that kills or which was developed by the Committee an extended period; incapacitates a large number of Mem- on House Administration and the Bi- Whereas the only method prescribed by the bers and, when appropriate, to make partisan Working Group on Continuity Constitution to fill a vacant seat in the recommendations to the leadership on of Government led by the gentleman House of Representatives is through election ways to resolve these issues. I know we from California (Mr. COX) and the gen- by the people; Whereas article I, section 4 of the Con- do not really particularly want to talk tleman from Texas (Mr. FROST). It stitution of the United States provides that about the demise of a lot of Members, urges the States to examine their laws ‘‘The Times, Places and Manner of holding but it is something that has to be spo- regarding the conduct of special elec- Elections for Senators and Representatives, ken about on the floor in order to con- tions to the House. shall be prescribed in each State by the Leg- tinue to have our energetic give and The purpose of the resolution as has islature thereof; but the Congress may at take of public debate in the freest body been said, is to ensure that in the event any time by Law make or alter such Regula- on planet Earth. That is why we are of a catastrophe, the States will con- tions, except as to the places of chusing Sen- here. duct special elections as expeditiously ators.’’; On September 26, 2002, Chairmen COX as possible. The two cochairmen of the Whereas section 26 of the Revised Statutes of the United States (2 U.S.C. 8) provides and FROST, joined by all members of bipartisan working group, the gen- that ‘‘The time for holding elections in any the working group as well as 98 other tleman from California and the gen- State, District or Territory for a Representa- Members of the Congress, including tleman from Texas, introduced the tive or Delegate to fill a vacancy, whether Majority Whip TOM DELAY and Minor- measure currently before us. H. Res. such vacancy is caused by a failure to elect ity Leader RICHARD GEPHARDT, intro- 559 was referred to the committee at the time prescribed by law, or by the duced this resolution calling upon which has jurisdiction over congres- death, resignation, or incapacity of a person States to study their existing special sional elections, the Committee on elected, may be prescribed by the laws of the election statutes and procedures to en- House Administration. several States and Territories respectively;’’; and sure that if a large number of Members Mr. Speaker, article 1, section 2 of Whereas it is in the interest of each State of Congress were unable to serve as a the Constitution provides: ‘‘The House to ensure that the people maintain their full result of a catastrophic event, the of Representatives shall be composed rights to representation in the House: Now States could quickly elect Members to of Members chosen every second year therefore, be it their congressional delegations by people of the several States.’’ Resolved, That— through expedited special elections. That is, of course, the only way to (1) it is the sense of the House of Rep- The problems the House would en- become a Member of this body. That resentatives that each State should examine counter in the face of such an attack requirement of popular election may be its existing statutes, practices, and proce- dures governing special elections so that, in are unique. In the Senate, Governors unusual in a leglislative body, because the event of a catastrophe, vacancies in the would quickly fill vacancies by ap- most legislatures can have appointed House of Representatives may be filled in a pointment, but in the House it could Members, at least for a time. timely fashion; and take months, perhaps up to half a year, A variety of distinguished former (2) the Clerk of the House shall send a copy for some States to hold special elec- Members of the House and scholarly of this resolution to the chief executive offi- tions to elect Members to their con- observers of the Congress have pro- cial of each State. gressional delegations. posed other ideas, ranging from filling The SPEAKER pro tempore. Pursu- Because article 1, section 4 of the vacancies through gubernatorial ap- ant to the order of the House of Thurs- Constitution prescribes that the States pointment to choosing replacement

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.032 H02PT1 H6942 CONGRESSIONAL RECORD — HOUSE October 2, 2002 Members from lists submitted in ad- mission on Continuity in Government FROST) may control the remainder of vance by sitting Members. Without dis- of the Brookings Institution and the the time allotted to me, and that he cussing the merits of either of these American Enterprise Institute, is ap- may yield time. ideas, it suffices to say that they are proximately 125 days. In my own case, The SPEAKER pro tempore (Mr. clearly unconstitutional. having been elected to the House in a LATOURETTE). Is there objection to the request of the gentleman from Mary- b 1215 special election in 1981, it was 89 days. In some States the process of replacing land? It would require a constitutional a deceased or resigned Member can There was no objection. amendment to fill a House seat in any take as long as 6 months. Mr. COX. Mr. Speaker, I yield myself manner other than by direct election. In the event of a catastrophe result- such time as I may consume. The resolution before us today is in- ing in the deaths of many Members of Mr. HOYER. Mr. Speaker, will the tended to facilitate the use of the ex- House, it will be essential to replenish gentleman yield? isting constitutional framework. We this body as soon as practicable to en- Mr. COX. I yield to the gentleman must make the special election process sure that the House remains a body from Maryland. work better, and work faster. representative of, and responsive to, Mr. HOYER. Mr. Speaker, I thank H. Res. 559 would request the States the American people. We simply can- the gentleman for yielding, because as to re-examine their laws governing the not wait for States to react using ex- I turned around, I saw the gentleman conduct of special elections to the isting laws which have not been seri- from Washington State (Mr. BAIRD), House. It does not require them to do ously examined in decades, and which, and it was an oversight that I did not so. It does not force them to change of course, were never intended to be mention his extraordinary leadership their laws, but it is intended to remind used in a time of emergency. The result in bringing this matter to not only the them of the potential disadvantages of of such laws will be that some States attention of all the Members and press- their failure to do so—the loss of rep- will remain unrepresented as the ing for attention of this matter, but resentation in the House for an ex- House, the Senate, the President, and also to the country. And I want to con- tended period of time in the event of a the country take necessary actions to gratulate the gentleman from Wash- future national catastrophe. respond to, and to move beyond, such a ington (Mr. BAIRD) for his singular Special elections to the House are future crisis. focus on this critical issue. normally conducted pursuant to provi- So, Mr. Speaker, it is clearly in the Mr. COX. Mr. Speaker, I thank the sions of State law and regulations. We interest of the States to ensure their gentleman from Maryland (Mr. HOYER) have not made uniform statutory re- full and continued representation as for raising the point, because it is a quirements for special elections, pre- quickly as possible, just as it is in the good one. I want to thank the gen- ferring to leave it to the States to interest of the House to move as quick- tleman from Washington (Mr. BAIRD) choose methods which reflect their ly as possible back to a full com- for his foresight and quick action on unique politics and culture. One size plement of Members deliberating once this problem as well. does not necessarily fit all. again with the broadest possible range It is appropriate at the outset of this However, the preamble of H. Res. 559 of views. discussion to explain to our colleagues notes the ultimate constitutional au- I believe that it would be appropriate for the why our thanks are in order for the thority of the Congress over the con- committee with jurisdiction over congressional hard work that is being done, because duct of all congressional elections. The elections, the House Administration Com- the hard work is being done behind provisions of article 1, section 4 state mittee, to hold hearings on this subject during closed doors for good reason. This is a that ‘‘ . . . the Congress may at any the next Congress. grizzly topic, number one. Nobody likes time by law make or alter such regula- We can then evaluate any actions taken by to think about the destruction of the tions.’’ the States in response to the 9/11 crisis, and Capitol and the loss of hundreds of Congress does have the power to pass to this resolution, and get a broader picture of Members of Congress, Senators and a national statute governing the con- the actual mechanics involved in conducting Representatives, in some horrible ca- duct of special elections. Such a stat- such elections. tastrophe. Second, the work is very de- ute would not be easy to draft, how- We need to remind ourselves that, in the tailed, involved, legalistic and con- ever, and might be opposed by States event special elections occur in large num- sequential. So a good job has to be which prefer to use their own ap- bers, whether under current laws or new ones, done, a careful job has to be done, a proaches. We would like to avoid this that they may not be occurring under ideal cir- thoughtful job has to be done, but option, if possible, but it remains on cumstances at some future time. there is not much profit in laying it the table. There may be problems printing the ballots, out before the House every day. Congress also has the power to pass setting up the polls, or completing many other We are necessarily here on the floor and send to the States for ratification steps incident to the proper conduct of an today because we are going to ask in a constitutional amendment providing election which are complicated enough during the most formal way that we possess, for some different method of filling va- normal times, as we have seen yet again re- through a resolution of this body, the cancies. The problem with this ap- cently in the state of Florida. cooperation of the States in this effort. proach is that it is extremely difficult Mr. Speaker, this resolution sounds an We are made up of elected Representa- and time-consuming and could take alarm to the States that they have a pivotal tives from States whose election laws years, and there is no consensus on role to play in ensuring the stability of our con- interweave with our own Federal rules which method of filling vacancies to stitutional system. I urge all Members to sup- for eligibility and service in the United use in any such amendment. port it, and all States to respond favorably to States House of Representatives. Some While special elections are conducted it. of the rules and procedures are House by States, this is clearly a national I congratulate the gentleman from rules and are Federal rules. Some of problem and challenge. If enough California (Mr. COX) and the gentleman them are State rules. In particular, the States fail to elect new Representa- from Texas (Mr. FROST) for their lead- rules governing elections within the tives quickly, the House might find ership on this issue. I believe that the several States under our constitutional itself controlled for a time by a much States will be responsive and will come system are State rules. smaller group of Members, unrepre- up with ideas that hopefully will ac- The resolution we are bringing for- sentative perhaps geographically or complish the objective of ensuring that ward today respects that aspect of our ideologically of the American people. in the event of a catastrophe we can re- federalism, but urgently asks every The disruption to the legitimacy of place Members of the House lost in Governor and every State legislator to the Congress and to the political and such a catastrophe so that the people’s examine their election laws and amend legislative process would be extraor- business can be done in this, the peo- them with a view toward solving a very dinary. ple’s House. serious problem that we have in the The average time for the filling of a Mr. Speaker, I reserve the balance of House, and that is if many Members vacant House seat in the event of a my time, and I ask unanimous consent are killed, there is no quick way to re- Member’s death, according to the Com- that the gentleman from Texas (Mr. constitute the Congress of the United

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.042 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6943 States. A special election is required. man of the policy subcommittee on re- fornia (Mr. COX) and the gentleman Only election under our Constitution is form; the gentlewoman from Texas from Texas (Mr. FROST) which ex- prescribed as the means of filling a va- (Ms. JACKSON-LEE); and the gentleman presses a sense of the U.S. House of cancy, and as a result, where the Sen- from Rhode Island (Mr. LANGEVIN). Representatives that all 50 States ate can have its Members appointed by Throughout several months and near- should examine their laws governing Governors, replacement Members, and ly a score of meetings, we have covered special elections to fill vacancies in the be reconstituted, there would be no the waterfront on these issues. House with an eye toward developing House, no functioning House, perhaps I will return to further discussion on expedited procedures for such elections no majority, no quorum and thus no the specifics of this resolution, but I in the case of such a catastrophe. Senate, because we are a bicameral have several speakers on our side who Mr. Speaker, the United States of body, and they could produce no legis- wish to be recognized. America learned many lessons about lation on their own, thus no legislative Mr. Speaker, I yield 2 minutes to the need for enhanced homeland security branch in time of urgent crisis by defi- gentleman from Virginia (Mr. CANTOR). from the tragic events of September 11, nition in the United States. (Mr. CANTOR asked and was given 2001. Given that it is widely believed When after an attack on our Nation, permission to revise and extend his re- that the United Airlines Flight 93 was the Commander in Chief, whoever that marks.) headed for the U.S. Capitol that Tues- might be, because the attack might Mr. CANTOR. Mr. Speaker, I thank day morning, we can only imagine the kill simultaneously the President, Vice my friend from California (Mr. COX) for damage that would have been done to President, Secretary of State perhaps, yielding me this time, and I congratu- the legislative branch of our Federal as well as the Speaker of the House, late him and the gentleman from Texas Government but for the truly remark- who is third in line, we do not even and others who bring this very impor- able bravery of Flight 93’s passengers. know who the President would be in tant bill forward. Their heroic actions have, however, that circumstance. So the operation of Ours is the oldest written Constitu- given us a chance to make contingency our legislative check and balance tion in the world. The Founding Fa- plans for the future. In the case of an- against executive power would be of thers with great wisdom crafted a gov- other attempt to disrupt or destroy our vital importance. We might lack it. ernment of enduring stability, with the democratic system of government, we And something as workaday and ordi- flexibility to survive the shocks and should be prepared, and that is why a nary and mechanical in procedure, strains of 226 years. It would have been prompt and overwhelming passage of therefore, as the State election laws impossible for them to foresee the H. Res. 559 is so important today. The becomes of vital importance, and we events of last September with pas- U.S. House of Representatives is urging are asking in this resolution for the senger jets full of fuel smashing into the States to take whatever steps they States to address that problem. skyscrapers. It was simply impossible deem appropriate to modify, change, or This is one and only one of several in their day for so much to be de- update their laws governing special issues that have arisen as a result of a stroyed by so few so quickly. And so elections to fill vacancies in the House study by the working group established the prospect of a large number of seats such that a catastrophic event would by the Speaker of House, the gen- in the House of Representatives becom- not unduly hinder the ability of the tleman from Illinois (Mr. HASTERT); ing simultaneously vacant was prob- U.S. Congress to conduct its business and the gentleman from Missouri (Mr. ably not one they entertained. in the future. GEPHARDT), the Democratic leader, the And yet in their wisdom the Found- I am pleased to serve as the Chair- minority leader. Both Speaker ers provided us with all we need to con- man of the Subcommittee on Tech- HASTERT and the gentleman from Mis- front such a possibility. Article 1, sec- nology and the House of the Committee souri (Mr. GEPHARDT) have shown ex- tion 4 of the Constitution gives the on Rules. Among the matters under my traordinary leadership by putting to- States the power to govern the times, subcommittee’s jurisdiction are the gether a high-level leadership task place, and manner of holding elections rules of the House. force that has as its contributors not for the House. This recognizes the ap- only the chairman and the ranking propriateness of the people deciding b 1230 member of the House Committee on through their State governments how As has been noted by some, the House Rules, the gentleman from Texas (Mr. best to choose the representatives in rules do not speak to how this institu- FROST), who is also the chairman of the this House. However, the Constitution tion would conduct its business in the Democratic Caucus, my cochairman of also allows Congress at any time by event of a catastrophic disaster, and this working group; but also, as we law to make or alter such regulations that is an issue that I fully expect we have seen, the chairman and ranking except as to the place of choosing Sen- will explore in the 108th Congress next member of the Committee on House ators. This recognizes the right of Con- year. Administration, the gentleman from gress to ensure that the States live up In the meantime, I know that my Ohio (Mr. NEY) and the gentleman from to their responsibility to ensure that colleagues, the gentleman from Cali- Maryland (Mr. HOYER), who were just their citizens are represented in the fornia (Mr. COX) and the gentleman here on the floor; and also the chair- Federal Government. from Texas (Mr. FROST), are currently man and ranking member of the House This resolution is in perfect keeping chairing a commission of distinguished Committee on the Judiciary and the with the Constitution and the Found- individuals, including former House Subcommittee on the Constitution, ers’ intent. It preserves the rights of Speakers Gingrich and Foley, who are which is very involved in these issues. the States to determine their own in- looking into this matter in greater de- The members of the working group terests in determining procedures for tail with the hope of bringing forward include, besides myself and the gen- electing representatives. It also re- other recommendations for how best to tleman from Texas (Mr. FROST), the minds the States that this House will deal with the myriad of questions in- gentleman from California (Mr. continue to take an interest in ensur- volving ensuring the continuity of Con- DREIER); the gentleman from Ohio (Mr. ing that these procedures are sufficient gress. In this respect, I look forward to CHABOT), who is the subcommittee to ensure the survival of this body and working closely with the Cox-Frost chairman on the Committee on the Ju- the welfare of our Republic in the Commission and other Members of the diciary responsible for the Constitu- event of a major attack on the Capitol. House on both sides of the aisle in the tion; the gentleman from New York Mr. COX. Mr. Speaker, I yield 3 min- next congressional session. Nothing (Mr. NADLER), the ranking member on utes to the gentleman from Georgia less than the future stability of the that subcommittee; the gentleman (Mr. LINDER). U.S. Congress, the Federal Govern- from Ohio (Mr. NEY); and the gen- Mr. LINDER. Mr. Speaker, I thank ment’s legislative branch, and the rule tleman from Maryland (Mr. HOYER); the gentleman for yielding me this of law are at stake. the gentleman from Washington (Mr. time. Mr. Speaker, in closing, I urge my BAIRD), to whom we just referred for Mr. Speaker, I rise in support of this colleagues to support this bill. his efforts; the gentleman from Lou- resolution sponsored by my friends and Mr. COX. Mr. Speaker, I yield myself isiana (Mr. VITTER), who is the chair- colleagues, the gentleman from Cali- such time as I may consume. I think it

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.035 H02PT1 H6944 CONGRESSIONAL RECORD — HOUSE October 2, 2002 is important to add to the list of people emergency. But this is a weighty mat- sible, bipartisan step toward addressing whom it is necessary to thank for their ter, one that gets to the heart of rep- one of them. So I urge my colleagues to efforts on this thus far: the Parliamen- resentative democracy in this country. join the bipartisan working group and tarian and his office and his staff, On the one hand, we want to ensure the passing it overwhelmingly. Charles Johnson, who has contributed stability of the legislative branch in Mr. Speaker, I yield 3 minutes to the extraordinary expertise and hard work the aftermath of a catastrophe. On the gentleman from Washington (Mr. on this initiative; also, the American other hand, we all understand the im- BAIRD), the Member of the House who Enterprise Institute and the Brookings portance of preserving the unique func- really first raised this issue. Institution who, in addition to their tion of the House of Representatives Mr. BAIRD. Mr. Speaker, I thank my scholarly studies on these subjects, that it has served in the American sys- good friend and colleague, and I want have convened a commission on the tem of government for more than 200 to thank also the gentleman from Cali- continuity of government, which has years. fornia (Mr. COX) for his outstanding been an extraordinary resource to this This bipartisan working group was leadership. In the time I have been Congress. formed to study the very important, privileged to serve here, I have never Mr. Speaker, I reserve the balance of very complicated, and very difficult se- had such great satisfaction from work- my time. ries of questions raised by this situa- ing with a group of talented, bright, Mr. FROST. Mr. Speaker, I yield my- tion. dedicated individuals. The Parliamen- self such time as I may consume. We have benefited, and are still en- tarian, the staff of the Committee on (Mr. FROST asked and was given per- joying, the tremendous expertise of all the Judiciary have been outstanding. mission to revise and extend his re- of the members who have participated. Hopefully, we will never need this leg- marks.) We have received tremendous assist- islation; but if it is ever needed, it may Mr. FROST. Mr. Speaker, over the ance from the committees of jurisdic- be one of the most important things we past several months, Democrats and tion and their staff; and as the gen- will ever do in our lifetime and during Republicans on the Bipartisan Working tleman from California (Chairman Cox) our service to this Congress. This is a start. This is an effort to Group on the Continuity of Congress mentioned, I want to personally recog- say to the States that you too need to have worked together to think the un- nize the Parliamentarian, Charlie think about what we have come to thinkable: to consider how Congress Johnson, as well as his staff. After have to face on a daily basis, almost: would function in the aftermath of a serving on the House Committee on the prospect that some terrorist orga- terrorist attack. Rules for more than 20 years, I have nization could strike suddenly, without This is not an idle question, Mr. known for a long time what fine profes- warning, and eliminate this body that Speaker. sionals they are. we hold so dear; and we must have September 11 made clear once and for This process could have never started preparations to replace us in the event all just how vulnerable the U.S. Con- without the support of the gentleman that that should happen. gress is to such an attack. For the past from Illinois (Mr. HASTERT), the Speak- I also want to thank the gentleman year, many of us in Washington have er of the House, and the gentleman from Rhode Island (Mr. LANGEVIN), as believed that if not for the courage of from Missouri (Mr. GEPHARDT), our well as the gentleman from Louisiana the passengers of United Flight 93, the Democratic leader. Most importantly, (Mr. VITTER) and the gentleman from fourth hijacked plane may well have Mr. Speaker, I want to recognize my Arkansas (Mr. SNYDER), for their valu- hit the U.S. Capitol. Well, just weeks colleagues on the working group, the able and invaluable contributions to ago, our suspicions may have been con- gentleman from California (Mr. this process. firmed by an al-Jazeera interview with DREIER), the gentleman from Ohio (Mr. Mr. Speaker, this is the start in the man suspected to be the twentieth NEY), and the gentleman from Ohio working with the States to make sure September 11 hijacker, who said that (Mr. CHABOT), as well as the gentleman that they have a mechanism for replac- Flight 93 was indeed headed for the from Maryland (Mr. HOYER) and the ing us if the time arises, but we also Capitol, code-named ‘‘The Faculty of gentleman from New York (Mr. NAD- have other tasks before us. We are ad- Law.’’ LER), and the gentlewoman from Texas dressing some ambiguities in the Presi- Obviously, Mr. Speaker, if Flight 93 (Ms. JACKSON-LEE), the gentleman dential succession law that are impor- had reached the Capitol on September from Washington (Mr. BAIRD), the gen- tant to close certain ambiguities there. 11, countless lives would have been tleman from Rhode Island (Mr. We are looking at the House rules, par- lost. Additionally, the legislative LANGEVIN), and the gentleman from ticularly what would constitute a branch of the United States Congress Louisiana (Mr. VITTER). Of course, the quorum and how this body would re- would have been crippled. gentleman from California (Mr. COX) convene in the event of a catastrophe. This is a very dangerous possibility, and his staff have been a pleasure to We are also looking at mechanisms for Mr. Speaker; and I am glad the Com- work with on this project. possibly replacing Members in the mittee on House Administration, the Mr. Speaker, the working group is short term, pending the outcome of Capitol Police, and others have worked examining proposed changes to the special elections. Every one of us in so hard since September 11 to increase House Rules regarding quorum require- this body holds very dear and proud the the security of all of the staff and ments and succession of House officers, tradition of direct elections, but we Members who work here in the Capitol amendments to the Presidential Suc- also hold dear and proud to the prin- complex. cession Act of 1947, and constitutional ciple of election and representation by But the Congress is the branch of amendments. But our primary goal has our States in this great body, and the government closest to the people; and been to examine the law to ensure that principle of checks and balances on the all of us, I believe, want it to remain as Congress can function in the event of executive. So we are working on a host open as possible. For that reason, the an attack or a catastrophe. of fronts. Congress will always be somewhat vul- That is what House Resolution 559 A year or so ago, my father passed nerable to those who might wish to addresses today. It encourages the away. Before he died, he sat my sister strike at the United States through the States to examine their existing stat- and brother and I down and walked Capitol, the symbol and the seat of our utes, practices, and procedures gov- through all of his files. He said, Son democracy. erning special elections; and it urges and daughter, when I die, this is what That means that we have to prepare Governors and State representatives to you need to know about, how to carry for what used to be unthinkable and we amend their election laws so that in on the finances, how to deal with my have to answer the question, How the event of a catastrophe, vacancies in estate, et cetera. Because of his fore- would the House function in the after- the House of Representatives could be thought, his death, regardless of how math of such an attack? filled in a timely fashion. tremendously painful it was, was nev- Personally, Mr. Speaker, I believe As we can see, Mr. Speaker, this is an ertheless handled in a manner that al- that it would be critical for the Amer- ongoing process, and the resolution on lowed us to go on, taking care of his af- ican public to have secure representa- the floor today does not solve all of the fairs responsibly and in an efficient tion in Congress in a time of national problems we face; but it takes a sen- manner.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.037 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6945 We owe it to this Nation to show no mittee on House Administration has is what has been talked about today by less forethought. We owe it to this Na- held hearings on the feasibility of es- the gentleman from California (Mr. tion to make sure that if something tablishing an e-Congress for emergency COX) and others: What if we had a mas- horrific happens to us, the business of situations, and I have introduced legis- sive loss of life of Members of the U.S. this great Republic will carry on, unin- lation to study this matter. At this House here? That is what has driven terrupted, unimpeded. We need to tell time I would like to commend and rec- this issue. But there also is a second our adversaries that even if they de- ognize the efforts of the distinguished issue that States ought to look at. In stroy us and kill every one of us, oth- chairman of the Committee on House Arkansas, we have four House Members ers will rise up, carry that torch of lib- Administration, the gentleman from and two Senators, and it is not uncom- erty forward, and the Republic will Ohio (Mr. NEY), and also my colleague, mon for us to be all in the same place stand and will persevere. the ranking member, the gentleman or on the same plane. States ought to Mr. Speaker, I thank again the gen- from Maryland (Mr. HOYER), for their look at what should happen if an indi- tleman from California (Mr. COX) and outstanding efforts and leadership on vidual State lost its entire congres- the gentleman from Texas (Mr. FROST) this issue. sional delegation, should that trigger for their leadership. While several of my colleagues have some kind of expedited special elec- Mr. FROST. Mr. Speaker, I yield 3 expressed discomfort with this and tions process. These are not easy ques- minutes to the gentleman from Rhode other related topics, it is our duty to tions; they are complicated questions. Island (Mr. LANGEVIN). prepare the legislative branch for any But they fall under the area of State Mr. LANGEVIN. Mr. Speaker, I kind of disaster. We must never allow responsibility, and the resolution thank the gentleman for yielding me the people’s business to be interrupted. today is sending a message to the this time. Today’s resolution is an important States that we will be glad to work (Mr. LANGEVIN asked and was given first step in addressing complex ques- with you and hope that you will work permission to revise and extend his re- tions about our government’s ability to on these very important issues of expe- marks.) function in the age of terrorism, and I diting special elections at a time of Mr. LANGEVIN. Mr. Speaker, as a encourage my colleagues to support massive loss of life in the U.S. House. member of the Cox-Frost Continuity of this legislation. Mr. COX. Mr. Speaker, I yield 4 min- Congress Working Group and an origi- Mr. FROST. Mr. Speaker, I yield 3 utes to the gentleman from Louisiana nal cosponsor of this legislation, I minutes to the gentleman from Arkan- (Mr. VITTER), the chairman of the Sub- strongly urge my colleagues to support sas (Mr. SNYDER). committee on Policy and Election House Resolution 559 to address prob- Mr. SNYDER. Mr. Speaker, I heard a Reform. commentator make the statement that lems with our method of filling vacan- b 1245 cies in the House of Representatives. somehow Congress is dragging their Mr. VITTER. Mr. Speaker, as a Mem- The Constitution declares that Mem- feet on these issues because we cannot ber of the Working Group on Con- bers of the House must be popularly face the possibility of our own demise. tinuity of Congress, I rise in strong elected. However, the specter of ter- I do not agree with that statement at support of this resolution. As has been rorism, notably, reports that the Cap- all. I think that Members of Congress said, it is a simple, straightforward, bi- itol was a targeted Capitol on Sep- are very much aware of the potential partisan, but very important measure tember 11, reminds us that mass cas- risks and threats out there, but that it to urge all of the States, with the ut- ualties in Washington or elsewhere is a complicated topic. One of the com- most seriousness and focus, to look at could have a detrimental effect on the plications is that we work in a Federal their election laws and ensure that spe- representative nature of the House and system with both State responsibilities cial elections would happen as expedi- its ability to fulfill its duties. As a and Federal responsibilities. To me, the number one issue is how tiously as possible, particularly in the former Secretary of State, I know that in all of this do we protect the essence event of a disaster that killed many States have vastly different methods of democracy; and to me, the essence of House Members at once. and time lines for filling vacant House democracy is the right of a free people Of course, this resolution today high- seats, which could pose a serious prob- to be governed, to be governed by those lights one of the many issues that our lem in the event of a catastrophe. For whom they elect and have the right to working group has been focused on, example, Rhode Island general laws vote on. We summarize that by calling and, in fact, the central one, which is state simply: ‘‘The Governor shall im- this ‘‘The People’s House,’’ and I do not how do we replenish the House of Rep- mediately issue a writ of election or- think in any way should we be sup- resentatives quickly in such a horrible dering a new election as early as pos- portive of any kind of constitutional catastrophe. sible.’’ Today’s resolution would ad- amendment that would turn the peo- As has been said, the U.S. Constitu- dress such problems by encouraging ple’s House into the ‘‘Appointeds’ tion is very clear: House vacancies can States to review their special elections House.’’ That would be a very tragic only be filled, under the present con- procedures to fill House vacancies as outcome to September 11. stitutional terms, by an election. expeditiously as possible. The Federal issue here is that elec- Sometimes, as has also been said, in This resolution is the first rec- tions are State responsibilities, and we different States where State law ap- ommendation of the Continuity of Con- know that there is a tremendous plies, that can take a very long time, gress Working Group, which has been amount of variety from State to State maybe up to 6 months; so we want all tackling the complicated issues of how and also that there is too much time in of the State legislatures, all of the government would function in the an emergency situation in some, in a Governors, to look at their State law wake of a catastrophe. I would like to lot, of the State laws. Patsy Mink has very clearly, in a very focused way, and thank my good friend and colleague, been referred to, our colleague who move as quickly as possible to make the gentleman from Washington (Mr. tragically passed away over the week- sure their State law makes that hap- BAIRD), who has helped raise the profile end; and it is my understanding that it pen as quickly as possible, particularly and understanding of these complex may take three special elections to fi- in the event of mass deaths. problems while leading the effort to nally replace her. Also, Oregon does In considering this, I ask all of my find solutions. I also commend the gen- their elections by mail, and every colleagues and, in fact, all of the State tleman from California (Mr. COX) and State deals with the issue of absentee legislators and Governors around the the gentleman from Texas (Mr. FROST) ballots overseas and locally differently. country to think of all of the work we for devoting so much of their time and There is a lot of complexity to this. had to do, and I believe we did do, after effort to this topic and making it a pri- Our message to the States today is September 11: The Committee on the ority for Congress. please look at your election laws and Judiciary moved to protect us here and Another area I feel worthy of discus- figure out a way that you can be re- abroad; the Committee on Appropria- sion is the ability of Congress to com- sponsive should this terrible tragedy tions addressed critical emergency municate and possibly even conduct occur. funding; the Committee on Armed legislative operations remotely in the To me, there are two scenarios that Services examined our military re- event of a major disruption. The Com- States ought to look at. The first one sponse.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.039 H02PT1 H6946 CONGRESSIONAL RECORD — HOUSE October 2, 2002 All of that was actually done in a auditor Cathy Pearsall-Stipek, and the issue. I strongly urge all of my col- matter of just a couple of weeks begin- Cowlitz County auditor Chris leagues to support House Resolution ning with September 11. Nearly every Swanstron. These folks helped us un- 559. House committee did significant work derstand that even in optimal cir- In the event of an emergency that on the war that was at its infancy plan- cumstances, a special election would leaves large numbers of seats of the ning stage then, or homeland security, probably take at least 60 days, or more House vacant, the House of Representa- or related issues. like 90. tives will have lost much of its rep- If we also remember Flight 93 downed In Washington State, for example, we resentative character. There are, how- in Pennsylvania, brought about by mail our ballots out 3 weeks before the ever, statutory solutions to this prob- brave passengers, all of that work may election. If we are going to get an elec- lem. The Constitution leaves it to the have only been possible because of tion done in 2 months, we have essen- States in the first instance to enact their bravery and the luxury we were tially got about a week to run for of- such solutions. afforded by not having an attack on fice, and then the ballots would have to Article 1, section 1, clause 1 of the the Capitol. be printed, distributed, counted, there United States Constitution states that: Of course, all of us hope there is would be one more week to run for of- ‘‘The Times, Places, and Manner of never a next time. All of us pray that fice after the primary, and then we holding Elections for Senators and there will not be a next time. But if would have to have the special elec- Representatives shall be prescribed in there is, we may not be so lucky; so all tion. each State by the Legislature thereof; of that work we did in the very few I want to follow up on something my but the Congress may at any time by weeks after September 11, and the spec- colleague, the gentleman from Lou- Law make or alter such Regulations. ter of Flight 93, makes it clear why we isiana, said. He has offered such great, ...’’ need to think about this issue, and why thoughtful insights to this. This is a While Congress has the constitu- State legislatures need to act to make first step, but we need to make sure, I tional authority to make or alter State sure that the House is replenished as believe, that there is a mechanism for special election laws, Congress extends quickly as possible. quick replacement in some fashion to great deference to State solutions to In closing, I want to say that this is occupy the position in the House of the problem of vacant House seats in a very important step, but I hope it is Representatives and get the body’s times of emergency. This congressional a first step, because our working group work done in the interim while these deference to State action is codified in is thinking about other key issues, special elections are conducted. We 2 U.S.C. Section 8, which provides that quorum issues, incapacity issues, that simply cannot say that there will be no ‘‘The time for holding elections in any can be dealt with under rules. These House of Representatives for the period State, District, or Territory for a Rep- issues are very significant, which I be- of 60 days or more while special elec- resentative or Delegate to fill a va- lieve can be addressed under our House tions take place. cancy, whether such vacancy is caused rules. There are Presidential succes- Declarations of war, appropriations by a failure to elect at the time pre- sion issues, which are significant and of funds, approval of Vice-Presidential scribed by law, or by the death, res- related to this, which could clearly be nominees, election of the Speaker of ignation, or incapacity of a person addressed under statute. the House and a host of other tasks elected, may be prescribed by the laws And, yes, although it would be very must be accomplished, and we must of the several States and Territories difficult politically, I also think we have the representation of the States respectively.’’ need to debate and think carefully in that process, and we must have the Article 1, section 2, clause 4 of the about proposed constitutional amend- constitutional checks and balances Constitution further provides that ments. which are so critical. ‘‘When vacancies happen in the Rep- So I think this is a very important, In a time of catastrophe, it is indeed, resentation from any State, the Execu- very responsible step, but I am hopeful I believe, likely that the Presidential tive Authority thereof (the Governor) it will be a first step. I know the work- position would be occupied by a Cabi- shall issue Writs of Election to fill such ing group is continuing its work in a net member who was never elected; vacancies,’’ and such elections will be very focused, careful way. which is fine, that is under the Succes- held in accordance with the State law, I want to particularly thank the sion Act, and we accept that; but for an absent congressional action otherwise. chairman of that, the gentleman from unelected Cabinet member to serve as This resolution constitutes congres- California (Mr. COX), and also the co- the President of the United States with sional due diligence by putting the chairman, the gentleman from Texas no checks and balances by the legisla- States on formal notice that it is with- (Mr. FROST), for all of their work; the tive branch as represented through the in their constitutional power, and also other Members of the working group; House of Representatives I believe im- their constitutional duty, to revise the House Parliamentarians; the CRS perils a fundamental principle of the State laws to allow for the conducting researchers; other staff who have given Constitution. of expedited special elections in cases us invaluable information in our delib- So while I absolutely and unequivo- of emergency in which the seats of dis- erations. cally urge strong sponsoring of this trict representation are suddenly left Mr. Speaker, I strongly urge all of legislation and recognize its impor- vacant, and constituents are suddenly our colleagues to vote for this resolu- tance, it is indeed a first step, and we left without a voice in the House of tion. must move forward, as the working Representatives. Mr. COX. Mr. Speaker, I yield myself group will do, and as I hope and trust The uninterrupted House tradition is such time as I may consume. all my colleagues will do, to consider that only duly elected representatives Mr. Speaker, the gentleman from further mechanisms to make sure this should have the final say in legislation Louisiana makes a fine point in com- great body and the Constitution it rep- passed by the House. This resolution mending the Congressional Research resents will continue to function. expresses Congress’s strong support for Service, and I was remiss in not men- Mr. COX. Mr. Speaker, I yield 4 min- States’ efforts to strengthen that tra- tioning this earlier. Walter Oleszek and utes to the gentleman from Ohio (Mr. dition by providing for the filling of va- others from CRS have been an enor- CHABOT), the chairman of the Sub- cant House seats quickly, fairly, and mous and very, very professional re- committee on the Constitution of the efficiently in emergency cir- source for us in our work. Committee on the Judiciary. cumstances. Mr. Speaker, I reserve the balance of Mr. CHABOT. Mr. Speaker, I thank I urge strong bipartisan passage of my time. the gentleman for yielding time to me. this common-sense resolution. Mr. FROST. Mr. Speaker, I yield 3 I want to commend my colleagues, Mr. FROST. Mr. Speaker, I urge minutes to the gentleman from Wash- particularly the gentleman from Cali- adoption of the resolution. I have no ington (Mr. BAIRD). fornia (Mr. COX) and the gentleman further requests for time, and I yield Mr. BAIRD. Mr. Speaker, I neglected from Washington (Mr. BAIRD) and the back the balance of my time. to mention two people who were tre- gentleman from Texas (Mr. FROST), for Mr. COX. Mr. Speaker, I yield myself mendously helpful: the Pierce County their leadership on this very important such time as I may consume.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.046 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6947 Mr. Speaker, what we have heard them objected on the ground that a termine the time, places and manner thus far this afternoon should be very quorum was not present, then even 10 for holding elections for Congress. This sobering to all of us. We are asking the Members could have kept the House creates a symbiotic relationship be- States in this resolution to join in a going. If, on the other hand, someone tween the States, who the founders be- thorough examination of their role, objected, then there would have to be lieved and who we still believe today what they can do to help us with these somehow a quorum. were the sovereigns in their own right; problems. b 1300 a symbiotic relationship between the But the problems are manifold. It is States, on the one hand, and the Re- not simply a question of solving the And a quorum of 435 Members being public in total, on the other hand, ulti- special election problem, it is not sim- 218, if more Members than that were mately supreme over the States in all ply a question of solving the Presi- killed or injured and unable to function matters encompassed by the Constitu- dential succession problem; we have in the attack, then Congress itself tion. That is the supremacy clause. other equally serious problems, and, in would be unable to function and unable And, of course, Congress as the institu- combination, they multiply into vir- to get a quorum. We are working in tion representing that sovereignty, tual paralysis of our government at a this working group on rules changes to that Federal sovereignty, must remain time when we would need our govern- address this, but ultimately we have strong and invulnerable. ment to be functioning at its peak effi- got to have Members of Congress back Our strength is drawn from every ciency: a time of crisis. in this body, real live Members. Be- Member representing every State in Mr. Speaker, we are here, of course, cause even if we can, through changing the Union. This is something about because of September 11. In working the rules or through unanimous con- which all of the Members of our work- with my colleagues and our expert staff sent of those remaining 10 Members, ing group agree. Some are focused on a in this working group over several get those 10 Members to function as constitutional amendment to try and months, we have all been heartened to the House of Representatives, who ensure that we can get Members back draw upon such a long and rich tradi- would not question the legitimacy of here from the States. Others are fo- tion in our Congress, in our democracy. Congress in those circumstances? In- cused on the absolute necessity of en- There is barely a question that can deed, there might be court challenges. suring that the device for returning come before us about the governance of If the President of the United States, Members from the States is some form this House or about the election of no longer the President that we elected of election. But at essence, the very Members or about the relationship of but some replacement under the Presi- important thing is we have Members the States to the Federal Government dential Succession Act is now acting in back here and we not have a distinct that has not been considered in other the teeth of an attack on our Nation so minority abnormally representing only contexts; so we are not without prece- severe that the Congress itself has been portions of the country and dispropor- dent, far from it. wasted in that attack, is that not the tionately representing certain inter- Yet there is something unprece- time when the legislative branch ests against other interests, defiling dented to what we are doing here. Were should be operating in full force as a the whole basis of our governance by it not for September 11, I do not think check against excess of executive the people. any of us doubts we would not be here power because the Nation itself would Our strength is drawn from every today, because on September 11 we be tempted at that point to all manner Member representing every State in were forced to confront a different kind of revenge, some of it perhaps not cool- the Union who daily appears in this of danger, qualitatively different, and headed, not wise, not in our national Chamber to conduct America’s busi- we hope not quantitatively different security interest? The checks and bal- ness on behalf of each of our States and than what we have seen thus far: a dis- ances system itself would not be func- each of our constituents. astrous, horrible, apocalyptic future in tioning. Our vulnerability is a result of the which the unthinkable becomes re- As has been mentioned several times, independence that each of our States ality. because of the historical evolution of has in deciding how and when it will None of us here wishes that ever to United States Senate from an ap- hold elections. So quite simply, as an occur. We are taking every national se- pointed body originally in the Con- institution, we are designed as an in- curity step elsewhere, separate from stitution, members were not elected in strument of the people of each State this measure, to stave that off, to the Senate, and then subsequently by and ultimately they, not us, control avoid it, to make our world and the Constitutional amendment, we got di- our fate. rest of the world safe. But if these rect election of Senators. Still a ves- The proper place, of course, to dis- things happen, if loose nukes become a tige of that earlier appointment regime cuss this and debate it is on the floor of threat to our domestic security, if is that vacancies in the Senate are House; but the proper place to solve chemical warfare or the spread of bio- filled even in the 21st century by ap- this problem is in the legislatures of logical toxins become our future, and if pointment, not so for the House. We the various States. these attacks are directed against the have got to have the cooperation of the This is, as my colleague, the gen- Capitol, then we simply have to imag- States to at least speed up special elec- tleman from Arkansas (Mr. SNYDER), ine that contingency. So that is what tions so that the time during which said a moment ago, the people’s House. the gentleman from Texas (Chairman Congress cannot function is not need- And it is my opinion it is totally ap- FROST) and I and our working group lessly protracted. propriate for the people working have been focused upon. This resolution, as has been men- through their respective States to de- The fact that, according to al- tioned, is serious. It is also very short cide how best to populate this House Jazeera Television, we now know that and to the point. It has only one pur- with their representatives. Flight 93 was directed towards the pose and that is to provoke action in The founders in their profound wis- United States Capitol makes this all the State legislatures. The resolution dom in perhaps glimpsing into the fu- too real. Had Flight 93 hit the Capitol, is an important first step, as my col- ture, as they seem to have done so many Members of Congress, we do not league, the gentleman from Wash- many times, did not leave us without know how many, would have been ington (Mr. BAIRD), has described it, to- recourse. Where the first clause of the killed. Had a joint session been at- ward focusing the attention of the first paragraph of article one, section tacked, the worst case, we can imagine States on what is their critical role in four gives the States the power to gov- not only a heavy toll, a nearly com- replenishing the Federal legislature by ern every aspect of electing their Fed- plete toll among Members of the House ensuring that special elections are held eral representatives, there is a second and Senate, but also the executive as expeditiously as possible. clause. If Congress so decides, Congress branch, including the President and Article one, section four of the Con- has the ultimate authority to take the Vice President. stitution, with which many Americans that power away from the States. The The remaining Members of the House became familiar during our last elec- second clause in article one, section of Representatives would have had to toral crisis, if we can call it that, sets four reads as follows: The Congress try to muster a quorum. If none of forth the authority of the States to de- may at any time by law make or alter

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.049 H02PT1 H6948 CONGRESSIONAL RECORD — HOUSE October 2, 2002 such regulations, that is the regula- It was left to the second Congress to a lot done, but we will have sometime tions of the States, except as to the finally pass the first Presidential Suc- before us. So I look forward toward to places of choosing Senators. cession Act in 1792. This act stated that working further with the gentleman So this Congress could, as any Con- in the event of a vacancy in the office from Texas (Mr. FROST). gress before it could have, preempt of President and Vice President, suc- Mr. Speaker, I thank the Members every State election law, every State cession will pass first to the President who have spoken on this very impor- election law in the country governing pro tem of the Senate and second to tant topic today. I apologize to those the election of Representatives either the Speaker of the House. who were concerned with raising such in times of catastrophe or any other The act has been amended in all of grizzly topics. Now, Mr. Speaker, I time for that matter. But of course the years intervening since 1792 only hope we can put ourselves and our just because we have the power to do twice since then: first following the as- minds back to other workday matters these things does not mean we should sassination of President James Gar- more important to we, the living, than exercise this power, and in this resolu- field in 1881 and the death of Vice this horrible-to-contemplate future tion we have chosen a different course. President Thomas Hendrix in 1886, contingency. I urge the adoption of We are going to the States and asking when concerns were raised because at this resolution by all the Members of them to act. the time of their deaths Congress had this House, and I urge action of the What we are doing today is precisely not yet convened, leaving the office of States in furtherance of this resolu- what we ought to be doing, no more, no President pro tem and Speaker of the tion, Mr. Speaker. less. It is the measured response that House vacant. As a result, in 1886 Con- Mr. Speaker, I yield back the balance continues to respect the rights of the gress removed the Speaker and the of my time. States to govern their own elections President pro tem from the line of The SPEAKER pro tempore (Mr. but highlights to them their critical Presidential succession. SIMPSON). All time for debate has ex- role in our Federal legislature and em- Fast forward to 1945. President Tru- pired. phasizes their responsibility to ensure man urged Congress to restore the Pursuant to the order of the House of that their representation in Congress is Speaker and President pro tem to the Thursday, September 26, 2002, the reso- never long diminished. It is, after all, line of Presidential succession. Two lution is considered read for amend- in the best interest of each State to en- years later in 1947, Congress did so. ment and the previous question is or- sure that it can quickly replenish its This time putting the Speaker first and dered. congressional delegation, lest it be left then the President pro tem of the Sen- The question is on the resolution. out, unrepresented during what could ate second. This brief history dem- The question was taken; and the be one of the most crucial moments in onstrates the time and deliberation Speaker pro tempore announced that our Nation’s history. that have gone into the very few the ayes appeared to have it. Therefore, we should, before we do changes that have been made to our Mr. FROST. Mr. Speaker, I object to anything more, give the States the op- Presidential succession laws since the the vote on the ground that a quorum portunity to act in their best interest inception of the Republic. Therefore, is not present and make the point of and in a way that suits each State’s those of us on this working group order that a quorum is not present. own unique needs, and that is precisely tasked with finding a solution to these The SPEAKER pro tempore. Pursu- what this resolution does. problems of congressional continuity, ant to clause 8 of rule XX, further pro- Our working group has also been ex- of the line of Presidential succession ceedings on this motion will be post- amining possible amendments to the should take comfort in a history where poned. Presidential Succession Act of 1947 be- thoughtful deliberations has been the The point of no quorum is considered cause the Speaker of the House stands rule, not the exception. withdrawn. third in line to the Presidency; and any Mr. Speaker, it is exactly that kind attack on this body that decimates it, of deliberation, thoughtful and meas- f that deprives of it of Members, could ured, that has gone into the proposals GENERAL LEAVE take away the Speaker as well, indeed, that the working group has put forward Mr. COX. Mr. Speaker, I ask unani- take away other potential successor to the Committee on the Judiciary on mous consent that all Members may Speakers. We want to be sure that the statutory changes, for example, to the have 5 legislative days within which to line of Presidential succession is clear Presidential Succession Act, put for- revise and extend their remarks on H. and uninterrupted. ward to the Committee on Rules, Res. 559. Virtually ever proposed solution to changes to our quorum requirements in The SPEAKER pro tempore. Is there every issue the working group has ad- the manner of recognizing the death of objection to the request of the gen- dressed, including this one over the a Member, particularly when mass tleman from California? past four months, whether it be a death occurs, and on this question of There was no objection. change in the rules of the House, pass- the special election of Members after a ing a new law, amending an old one, or death of a Member. f changing our Constitution by altering This resolution is the first step to- MOTION TO INSTRUCT CONFEREES its language, presents very serious wards ensuring that this body will en- ON H.R. 3295, HELP AMERICA legal issues requiring careful thought dure no matter what, no matter what VOTE ACT OF 2001 and deliberation. our enemies do to us. I encourage every We are not the first to grapple with Member to join the 11 Members of the Mrs. MEEK of Florida. Mr. Speaker, I these issues. The very first Congress, bipartisan working group in supporting offer a motion to instruct conferees on meeting at the site where Federal Hall this resolution, this important first the Help America Vote Act. in New York stands today and where step to ensuring the continuity of this The SPEAKER pro tempore. The this Congress gathered just a few great institution. Clerk will report the motion. weeks ago, grappled with the issue of Mr. Speaker, I want to conclude by The Clerk read as follows: Presidential succession. One can hardly thanking in particular the gentleman Mrs. MEEK of Florida moves that the man- image a Congress more in touch with from Texas (Mr. FROST) and his superb agers on the part of the House at the con- the sentiments and intentions of the staff for the time, energy and effort ference on the disagreeing votes of the two founders than that very first Congress; they have put into these matters. We Houses on the Senate amendments to the bill H.R. 3295 be instructed to take such actions and one can hardly imagine a govern- have much work ahead of us. We can- as may be appropriate— ment more tentative and fragile and in not congratulate ourselves too much (1) to convene a public meeting of the man- need of the stability a well-defined and for work half done, but we will be after agers on the part of the House and the man- certain line of Presidential succession this year and next year. And as I men- agers on the part of the Senate; and would provide. Yet the first Congress tioned, given this long history, we can- (2) to ensure that a conference report is was unable to agree on a Presidential not be concerned that we are not mov- filed on the bill prior to October 4, 2002. succession law, and they went without ing too precipitously fast. We are mov- The SPEAKER pro tempore. Pursu- one. ing very fast, I think. We have gotten ant to the rule, the gentlewoman from

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.051 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6949 Florida (Mrs. MEEK) and the gentleman recting the election reform conferees certainly inhibited by the lack of elec- from Ohio (Mr. NEY) each will be recog- to produce a conference report before tion reform. How many more election nized for 30 minutes. October 1, 2002. Once again, everyone day catastrophes, like last month’s The Chair recognizes the gentle- said that the right thing at that time voting in Florida, will be required for woman from Florida (Mrs. MEEK). was the need for the conferees to con- this Congress to get the message that Mrs. MEEK of Florida. Mr. Speaker, I clude their work, and yet, once again, our people need a real election reform yield myself such time as I may con- an election reform conference report bill, and they need it now? sume. has yet to be filed. Mr. Speaker, we must protect the Mr. Speaker, this motion instructs Mr. Speaker, I know that the gen- right to vote. Too many have sacrificed the conferees on H.R. 3295, the election tleman from Ohio (Mr. NEY), the chair- too much to secure this right for any of reform legislation, to complete their man, and the gentleman from Mary- us to shrink from our responsibility to work and file a conference report prior land (Mr. HOYER), the ranking member, protect it. Equal protection of voting to October 4, 2002. I speak with a sense and Senators DODD, MCCONNELL, SCHU- rights laws requires an electoral sys- of urgency, Mr. Speaker. It has been al- MER, BOND, the gentleman from Michi- tem in which all Americans are able to most 2 years since the 2000 Presidential gan (Mr. CONYERS), the gentlewoman register as voters, remain on the rolls election, an election that created a cri- from California (Ms. WATERS), the gen- once registered, and vote free from har- sis of confidence in our Nation’s elec- tlewoman from Texas (Ms. EDDIE BER- assment. Ballots must not be mis- tion system. Last month we had a pri- NICE JOHNSON), the gentleman from leading, and, again, every vote must mary election in Florida that rein- Florida (Mr. HASTINGS), the gentleman count. Every voter must count equally, forced the need for immediate action from Rhode Island (Mr. LANGEVIN), and and every vote must count. on election reform, as it confirmed the gentleman from Missouri (Mr. I have read these newspapers over that many problems that plagued the BLUNT) have worked very hard on the and over again, and I have read the in- 2000 Presidential election in Florida issue of election reform, and I thank dication that election reform conferees are continuing, Mr. Speaker. all of them for their efforts. Yet, Mr. have not yet been able to work out Speaker, as the Washington Post ob- their differences and suggesting that b 1315 served in an excellent editorial yester- election reform, therefore, may be dead Mr. Speaker, it has been more than 9 day, it is long past the time for con- this session. Election reform should months since the House of Representa- ferees to work out their differences. not be dead this session. As I noted last tives passed the Help America Vote As the Post observed, week, this outcome is absolutely unac- Act, H.R. 3295. It has been more than 5 The negotiators see eye to eye on most as- ceptable to say that election reform is months since the Senate passed their pects of the legislation. Both sides agree dead for this session. We should be able version of election reform legislation, that Federal grants should support State to pass a strong election reform con- Senate bill 765, the Martin Luther election-reform efforts. They have agreed on ference report and send it to the Presi- King, Jr., Equal Protection of Voting the size of this support: $3.5 billion over 5 dent for his signature before this ses- years. They agree that Federal standards Rights Act of 2002. The Senate passed should guarantee the basic quality of elec- sion ends. it by a vote of 99 to 1, yet the conferees tions: There should be accurate registers of Mr. Speaker, I do not question the still have not completed this. There is voters in each State; voters should get a conferees’ good intentions. In fact, I a sense of urgency, I repeat. chance to correct their votes if they mess up presume their good faith. But the time Two weeks ago I spoke on the floor their ballot first time around; there should for words has passed. It is time for ac- here in support of the motion to in- be access to the polls for voters with disabil- tion. It is time for the conferees to act. struct the election reform conferees of- ities. Both sides also agree that the goal of We need to get this conference report fered by the gentlewoman from Cali- encouraging participation in elections needs done and report it out. I am here to re- to be balanced by vigilance against fraudu- mind all of the conference members fornia (Ms. WATERS) instructing the lent participation. conferees to file a conference report by The sticking points are modest by com- and the conferees of the gentleman October 1, 2002. Everyone said the right parison. from Ohio’s (Mr. NEY) comments that I thing about the need to produce an How these issues get resolved matters less quoted and encourage them to act on election reform conference report by than whether they get resolved: The worst of it. October 1, 2002, and yet no conference all outcomes is that the legislation dies for Mr. Speaker, we must not forget the report was filed. The clock is still tick- lack of negotiating energy. A dozen States lessons of the 2000 election and last have passed election-reform plans, ing, Mr. Speaker. month’s Florida fiasco. The most fun- At that time, the gentleman from including my State of Florida, damental issue facing all of us during Ohio (Mr. NEY) remarked, that will be implemented only if Federal this Congress is restoring the public’s funding is available; if these plans are left to I believe that the conferees, Mr. Speaker, faith in democracy. It appears that languish, more disputed elections lie in the many of us have forgotten that, but it on the election reform bill are within sight future. At a time when the Nation’s political of an agreement that will bring critically balance, both in the House and in the Sen- is extremely important that we keep needed aid and assistance to improve elec- ate, is so nearly even, the importance of ac- this in front of the American public. To tions in the United States, and I believe this curate vote counting ought to be obvious. restore that faith in democracy, we motion to instruct will have a positive effect And at a time when voter turnout is at an must make sure that every vote cast is of reminding the conferees on both sides of all-time low, bolstering public confidence in counted. None of us can rest until we the aisle that reasonable negotiations are the machinery of democracy is especially ur- ensure that every vote counts and is critical to getting this conference report gent. done in the very near future. counted. Mr. Speaker, the Washington Post I urge all of my colleagues to support The Chairman also observed, has it right. We need action on election my motion to instruct election reform There is much work left to be done, and I reform, and we need it now. I repeat, conferees to file a conference report know we are running out of time, but I be- we need this now. This is an urgent sit- lieve we can meet that challenge. I look for- prior to October 4, 2002. ward to being on the floor in the near future uation. Thus I am compelled to return Mr. Speaker, I reserve the balance of and enacting a bill with broad bipartisan to the floor today to offer this motion my time. support, a bill that makes it easier to vote instructing the conferees to complete Mr. NEY. Mr. Speaker, I yield myself and harder to cheat, a bill that would dem- their work and file a conference report as much time as I may consume. onstrate to all Americans that this Congress prior to October 4, 2002. Let me just say I appreciate the gen- can put aside partisanship and improve the Mr. Speaker, need I say it again? tlewoman’s motion to instruct. We are election process for all of our citizens. Election reform is long overdue. Wher- going to agree with the motion to in- Last week I returned to the floor, Mr. ever I travel, my constituents and struct. In fact, I just want to present Speaker, to speak in strong support of many other Americans ask what is this in the correct way. We are speak- this motion to instruct the election re- going to be done about election reform; ing, as we are speaking, so, therefore, I form conferees offered by my good what are we going to do to correct am going to have to actually yield friend the gentlewoman from Texas these problems in the election system? back the balance of my time so we can (Ms. EDDIE BERNICE JOHNSON), again di- The confidence of the Nation is being go on and get this product done.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.054 H02PT1 H6950 CONGRESSIONAL RECORD — HOUSE October 2, 2002 I am working with our colleague the their vote would be accurately count- tion officials will be able to say to indi- gentleman from Maryland (Mr. HOYER) ed. viduals, if the technology permits and and the other members of the con- Mr. Speaker, I have had a lot of opti- an individual makes a mistake and ference. We need a product. We want to mism that we are going to pass this that vote may not be counted, do you have a product. We want something bill. I continue to have optimism, but want to correct it? Do you want to cor- that works. We do not want an issue; the hour is late. This motion is abso- rect it so that your voice in this de- none of us want that. We all want lutely appropriate, and I thank the mocracy will be heard? something that is going to help the gentlewoman from Florida for making I thank the gentlewoman for yielding American people. it. We have been working in private, me this time; but much, much more I appreciate the gentlewoman push- difficult sessions, tried to iron out dif- importantly, I thank her for the cour- ing in the correct way on this con- ferences. The good news is, Mr. Speak- age, the conviction, and the time that ference committee motion. er, from my perspective, we have agree- she has spent through more than 5 dec- Mr. Speaker, I yield back the balance ment on 90 percent of this bill’s major ades of public service to make this a of my time. points. better country. Mrs. MEEK of Florida. Mr. Speaker, I Mr. Speaker, it would be tragic, but Mr. Speaker, let me begin by recognizing yield such time as he may consume to more than that, it would be disgrace- the outstanding leadership of the gentlewoman the gentleman from Maryland (Mr. ful, if this House and the Senate ad- from Florida, for whom the cause of election HOYER). journed sine die without passing this reform has been motivated not just by a con- (Mr. HOYER asked and was given particular piece of legislation. viction that it is good public policy, but also by permission to revise and extend his re- Mr. Speaker, since September 5, I firsthand experience of the indignities a voter marks.) suppose, when we reconvened here, can face when registration rolls are improperly Mr. HOYER. Mr. Speaker, I thank maybe it was the 4th, we have done lit- maintained, when provisional ballots are not the gentlewoman for yielding me the tle. We have not passed any appropria- available, and when voting equipment is so time. tion bills. The end of the fiscal year obsolete it fails to register duly cast votes. Let me begin by recognizing the out- came on September 30 and went. We Indeed, Mr. Speaker, I can think of few standing leadership of the gentle- passed a continuing resolution to keep Members of this body—Representative BROWN woman from Florida. I am not object- the government funded. We are going and Representative HASTINGS come to mind— ing. She is a close friend. She is a close to pass another continuing resolution who are as qualified to speak of election re- friend. I am a strong admirer. She has tomorrow, but we have not done any- form in uniquely moral terms as Representa- had an extraordinary career in this thing of substance, Mr. Speaker. Nei- tive MEEK. House, State senate, in the Legislature ther this body nor the other body has Mr. Speaker, in less than 4 weeks, this Na- of Florida and her community. The passed any legislation of significance tion will hold its first Federal elections since cause of election reform has no greater in the past 25 days. the November 2000 debacle. advocate. She has been motivated not Nobody can predict with certainty how just by a conviction that it is good b 1330 smoothly those elections will go. public policy, but also by firsthand ex- Mr. Speaker, we will debate next After almost 2 years studying what went perience of the indignities a voter can week the issue of war and peace. We wrong in November 2000, I am convinced that face. will debate how we extend the blessings confidence in this Nation’s election system will When registration rolls are improp- of democracy and protect people from not be restored until this Congress enacts erly maintained, when provisional bal- those who would visit terror and death meaningful national standards, and offers lots are inadequate and voting equip- and destruction upon them, their fami- State and local authorities the resources to im- ment is so obsolete it fails to register lies, and their countries. Mr. Speaker, prove their election infrastructure. duly cast votes, indeed, Mr. Speaker, I as we do so, let us hope that we also I am pleased to report that Congress is on can think of few Members of this body, pass a piece of legislation which will the threshold of doing just that. perhaps the gentlewoman from Florida say that in the world’s greatest democ- Thanks in large measure to my colleague (Ms. BROWN) and the gentleman from racy that believes that all men and and good friend from Ohio, Chairman BOB Florida (Mr. HASTINGS) come to mind, women are created equal and that in NEY, we are closer than ever to enacting the but few Members who are as qualified this Nation every one of them is enti- most comprehensive package of voting re- to speak on election reform in uniquely tled to have their voice heard and that forms since the Voting Rights Act of 1965: moral, constitutional and American in a democracy, that that voice is Reform that will require States to offer provi- terms than my friend the gentlewoman heard through the ballot box. sional ballots to all voters whose registration materials have been mishandled by election from Florida (Mrs. MEEK). Mr. Speaker, I hope that you, I hope Mr. Speaker, in less than 4 weeks that I, I know that the gentlewoman officials. Reform that will require States to maintain this Nation will hold its first Federal from Florida (Mrs. MEEK) will work as statewide, computerized registration lists to elections since the November 2000 deba- tenaciously and vigorously as we know ensure the most accurate, up-to-date rolls and cle. Mr. Speaker, I will include the bal- how to ensure that we will vindicate minimize the number of voters who are incor- ance of my remarks, but I want to say that right in legislation; in legislation rectly removed from the voter rolls. this. I want to say it to all the Mem- which will extend to the States re- Reform that will reward States for retiring bers of this House, Mr. Speaker. We sources to give us the best technology obsolete voting machines—especially the no- took a historic step last year in De- possible, resources to provide training torious punch cards machines and their dan- cember and passed overwhelmingly for those who administer our elections, gling chads—that prompted this Congress to election reform. Over 350 Members of resources to educate our voters, and re- act in the first place. this body voted for that. Some 5 quirements that we have a statewide Reform that will require voting systems to months, 6 months later, the United registration system so that a voter be accessible for individuals with disabilities, States Senate passed a bill 99 to 1, does not come to the polls and hear, including nonvisual accessibility for the blind passed it in April. April has come and oh, I am sorry, we cannot find you on and visually impaired, and allow them to vote gone. May has come and gone, June, the list; and by the way, we cannot get privately and independently. July, August, September. Now we are through to the central office on our Reform that allows voters to review and cor- in October. We are in a new fiscal year. phone. rect their ballots before they are cast. The 107th Congress is about to end, I hope this will be legislation which Reform that does not weaken any existing and, Mr. Speaker, we have yet to pass will ensure that everybody, irrespec- voting rights laws, includes meaningful en- election reform. We have yet to pass tive of the disability with which they forcement, and ensures that every vote the bill that arguably had the greatest are challenged, will be able to cast counts. impetus coming out of the 2000 election their vote and cast their vote in secret; Mr. Speaker, this motion is intended to en- of any issue in this land, and that was legislation which will say that that sure that we on the Conference Committee ensuring that every American not only person that comes to the poll will get complete our work prior to October 1, 2002. had the right to vote, but would be fa- a provisional ballot; and legislation Given the extraordinary progress the Con- cilitated in making that vote, and that which will say and guarantee that elec- ference Committee has made in the past 14

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K02OC7.057 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6951 days, there is no legitimate reason we cannot It is extremely important, Mr. come to an agreement before October 4, meet that deadline. Speaker; and I again appeal to this 2002. We cannot afford to let this opportunity Indeed, given the larger context in which we Congress, with the conscience I know slip away. operate, I would submit that this congress has my colleagues have, to stand up for Mrs. MEEK of Florida. Mr. Speaker, I a moral obligation to enact election reform be- America and see that the conferees get yield back the balance of my time. fore we adjourn: their work done, get it done imme- The SPEAKER pro tempore (Mr. Mr. Speaker, over the last year this country diately, and report it and the President SIMPSON). Without objection, the pre- has committed vast resources to ridding the pass it. Otherwise, the talking is cheap. vious question is ordered. world of those who would employ the tools of Only their confidence, only their good There was no objection. terror to destroy systems of government that will, only action will prove that every The SPEAKER pro tempore. The derive their legitimacy from the ballot box. vote will count. question is on the motion to instruct In just the past few weeks we in Congress Ms. EDDIE BERNICE JOHNSON of Texas. offered by the gentlewoman from Flor- have been challenged to contemplate the use Mr. Speaker, I rise in strong support of the ida (Mrs. MEEK). of overwhelming military might to bring to heal Motion to Instruct Conferees on H.R. 3295, in- one of the great despots of the past 50 years, The question was taken; and the troduced by the gentlewoman from Florida, Speaker pro tempore announced that a figure whose utter contempt for democracy Mrs. MEEK. and the people he rules is the only reason he the ayes appeared to have it. Mr. Speaker, it is time for the Members of Mrs. MEEK of Florida. Mr. Speaker, has held power for so long. Conference Committee to convene a public As we consider such profound measures to on that I demand the yeas and nays. meeting, finish their work on this legislation, The yeas and nays were ordered. extend democracy where it does not now exist and report it out. The SPEAKER pro tempore. Pursu- and strengthen it where it is fragile, we have It is time to have a final election reform bill ant to clause 8 of rule XX, further pro- an urgent responsibility to do the same at on the floor of the House of Representatives. ceedings on this question will be post- home. We’ve waited long enough. Mr. Speaker, I urge my colleagues to pass poned. For the past three weeks now, I have joined this motion. a number of Members at this podium and re- Mrs. MEEK of Florida. Mr. Speaker, I f counted how allegations of voter intimidation, yield myself the balance of my time, inaccurate voter registration lists, arbitrary bal- and I wish to thank the gentleman lot counting standards and antiquated machin- RECESS from Maryland (Mr. HOYER), my friend, who has been steadfast in his support ery deprived so many citizens of their right to The SPEAKER pro tempore. Pursu- and building a rationale in this coun- vote during the 2000 election. ant to clause 12 of rule I, the Chair de- try for election reform. He did not need Just last week, we called for the House- clares the House in recess subject to to be asked. He rose to the occasion. He Senate Conference Committee to complete the call of the Chair. worked extremely hard in this Con- their work by no later than October 1st. Accordingly (at 1 o’clock and 37 min- gress. He held hands with the gen- Unfortunately, yet another week has come utes p.m.), the House stood in recess and gone, and still we have no election reform tleman from Ohio (Mr. NEY). This has subject to the call of the Chair. been a bipartisan push, and it has to bill. happen. How can we go home to our Districts and f It is very difficult for me to under- look our constituents in the eye if we fail to stand why it has not happened. The enact legislation to protect this most sacred b 1406 gentleman from Maryland (Mr. HOYER) right, a right that is the cornerstone of our de- has laid out here a history of what has mocracy? AFTER RECESS happened. I am a part of that history. Recent primary elections in Florida and The recess having expired, the House I make history every day, and the peo- elsewhere have only confirmed that the prob- was called to order by the Speaker pro ple I represent make history because lems of the 2000 elections will still haunt us tempore (Mr. QUINN) at 2 o’clock and 6 we are being misrepresented when the until we pass legislation to enact meaningful minutes p.m. vote is not counted. We may go election reform standards. We in Congress throughout the highways and byways have legislation almost within our grasp that f of this country and get people to go to will take giant strides to remedy the disenfran- the polls and vote; but if their votes chisement of the last election. are not counted, it undermines a sys- We must pass this bill, and we must send ANNOUNCEMENT BY THE SPEAKER tem which we are so proud of. it to the President for his signature before an- PRO TEMPORE We are proud of this country. We other day passes. The SPEAKER pro tempore. Pursu- know what it can do. We know what it Now, it has taken a substantial amount of ant to clause 8 of rule XX, the Chair has done. And we are saying over and work to get us where we are today. I believe will now put each question on which over again we cannot accept the fact all Members of the Conference Committee de- further proceedings were postponed that many people, over 22,000 of them serve our gratitude for their work on this dif- earlier today in the following order: in Broward and Dade County, were ficult issue. H. Res. 543, de novo; overlooked, even more than that in I would also like to salute my colleagues in H. Res. 559, de novo; the Congressional Black Caucus for fighting to Duvall County. The gentlewoman from Motion to instruct conferees on H.R. make ‘‘every vote count’’. Florida (Ms. BROWN) has nightmares of 3295, by the yeas and nays. But while I recognize these individuals for what happened in Duvall County. The The Chair will reduce to 5 minutes their hard work, I want to remind all of them gentleman from Florida (Mr. HASTINGS) the time for any electronic vote after that our work will be for naught if we fail to and I have nightmares of what hap- the first such vote in this series. pened in Dade and Broward. But now it pass this legislation. is beginning to happen to all citizens. In just 34 days, Americans across the coun- f Not many people got alarmed when it try will go to the polls to cast ballots for their happened to the people I represent. I elected representatives. SENSE OF HOUSE THAT CONGRESS came to this Congress, and I talked Congress must act immediately to ensure SHOULD COMPLETE ACTION ON about it. I represent those people who that every American has the right to vote and H.R. 4019, PERMANENT MAR- are underrepresented. But now it is be- to have their vote counted. Time is running out RIAGE PENALTY RELIEF ACT OF ginning to happen to the American for the 107th Congress. 2002 populace. It happened when Janet Reno We’ve come so close to compromise, and ran for Governor in Florida. People the price for not passing election reform is far The SPEAKER pro tempore. The who wanted to vote for her could not. too high. It’s time to quit wasting time. pending business is the question de People who thought they had voted for I call on the Conference Committee finish its novo on the resolution, House Resolu- her had not. hard work, convene a public meeting, and tion 543.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.011 H02PT1 H6952 CONGRESSIONAL RECORD — HOUSE October 2, 2002 The Clerk read the title of the resolu- Rogers (KY) Simpson Tiberi b 1430 Rogers (MI) Skeen Toomey tion. Rohrabacher Skelton Towns The SPEAKER pro tempore. The ANNOUNCEMENT BY THE SPEAKER Ros-Lehtinen Smith (MI) Udall (CO) PRO TEMPORE question is on the resolution. Ross Smith (NJ) Upton The question was taken; and the Royce Smith (TX) Vitter The SPEAKER pro tempore (Mr. Ryan (WI) Smith (WA) Walden Speaker pro tempore announced that Ryun (KS) Snyder Walsh QUINN). Pursuant to clause 8 of rule the ayes appeared to have it. Sanders Souder Wamp XX, the Chair will reduce to 5 minutes Mr. GRAVES. Mr. Speaker, I object Sandlin Stearns Watkins (OK) the minimum time for electronic votes Saxton Stupak Watts (OK) on each question on which the Chair to the vote on the ground that a Schaffer Sullivan Weldon (FL) quorum is not present and make the Schrock Sununu Weldon (PA) has postponed further proceedings. point of order that a quorum is not Sensenbrenner Sweeney Weller f present. Sessions Tancredo Whitfield Shadegg Tauzin Wicker EXPEDITED SPECIAL ELECTIONS The SPEAKER pro tempore. Evi- Shaw Taylor (NC) Wilson (NM) dently a quorum is not present. Shays Terry Wilson (SC) The SPEAKER pro tempore. The The Sergeant at Arms will notify ab- Sherwood Thomas Wolf pending business is the question de Shimkus Thompson (MS) Wu sent Members. Shows Thornberry Wynn novo of agreeing to the resolution, The vote was taken by electronic de- Shuster Thune Young (AK) House Resolution 559. vice, and there were—yeas 285, nays Simmons Tiahrt Young (FL) The Clerk read the title of the resolu- 130, not voting 16, as follows: NAYS—130 tion. [Roll No. 430] Ackerman Hoyer Ortiz The SPEAKER pro tempore. The YEAS—285 Andrews Inslee Owens question is on the resolution. Abercrombie Dicks Kennedy (RI) Baca Jackson (IL) Pallone The question was taken; and the Aderholt Dooley Kerns Baldwin Jackson-Lee Pascrell Speaker pro tempore announced that Becerra (TX) Pastor Akin Doolittle Kind (WI) the ayes appeared to have it. Allen Doyle King (NY) Bentsen Johnson, E. B. Payne Armey Dreier Kingston Berman Jones (OH) Pelosi Mrs. BONO. Mr. Speaker, on that I Bachus Duncan Kirk Berry Kanjorski Price (NC) demand the yeas and nays. Baird Dunn Knollenberg Blumenauer Kaptur Rangel Bonior Kildee Reyes The yeas and nays were ordered. Baker Edwards Kolbe The vote was taken by electronic de- Baldacci Ehlers LaHood Borski Kilpatrick Rivers Ballenger Emerson Lantos Boyd Kleczka Rodriguez vice, and there were—yeas 414, nays 0, Barcia Engel Latham Brady (PA) Kucinich Rothman not voting 17, as follows: Brown (OH) LaFalce Roybal-Allard Barr English LaTourette [Roll No. 431] Barrett Etheridge Leach Capuano Langevin Rush Bartlett Everett Lewis (CA) Cardin Larsen (WA) Sabo YEAS—414 Barton Ferguson Lewis (KY) Carson (IN) Larson (CT) Sawyer Clayton Lee Schakowsky Abercrombie Capps Everett Bass Flake Linder Ackerman Capuano Farr Bereuter Fletcher Lipinski Conyers Levin Schiff Coyne Lewis (GA) Scott Aderholt Cardin Fattah Berkley Foley LoBiondo Akin Carson (IN) Ferguson Biggert Forbes Lucas (KY) Crowley Lofgren Serrano Cummings Lowey Sherman Allen Carson (OK) Filner Bilirakis Ford Lucas (OK) Andrews Castle Flake Bishop Fossella Luther Davis (IL) Lynch Slaughter DeGette Markey Solis Armey Chabot Fletcher Blagojevich Frelinghuysen Maloney (CT) Baca Chambliss Foley Blunt Gallegly Maloney (NY) Delahunt Matsui Spratt DeLauro McCarthy (MO) Stark Bachus Clay Forbes Boehlert Ganske Manzullo Baird Clement Ford Boehner Gekas Matheson Dingell McCollum Stenholm Doggett McDermott Strickland Baker Clyburn Fossella Bonilla Gibbons McCarthy (NY) Baldacci Coble Frank Bono Gilchrest McCrery Eshoo McGovern Tauscher Evans Meehan Taylor (MS) Baldwin Collins Frelinghuysen Boozman Gillmor McHugh Ballenger Combest Frost Boswell Goode McInnis Farr Meek (FL) Thompson (CA) Fattah Menendez Thurman Barcia Condit Gallegly Boucher Goodlatte McIntyre Barr Conyers Ganske Brady (TX) Gordon McKeon Filner Millender- Tierney Frank McDonald Turner Barrett Costello Gekas Brown (FL) Goss McKinney Bartlett Cox Gephardt Brown (SC) Graham McNulty Frost Miller, George Udall (NM) Gephardt Mollohan Velazquez Barton Coyne Gibbons Bryant Granger Meeks (NY) Bass Cramer Gilchrest Burr Graves Mica Gonzalez Moran (VA) Visclosky Green (TX) Murtha Waters Becerra Crane Gillmor Burton Green (WI) Miller, Dan Bentsen Crenshaw Gilman Buyer Greenwood Miller, Gary Gutierrez Nadler Watson (CA) Hill Napolitano Watt (NC) Bereuter Crowley Gonzalez Callahan Grucci Miller, Jeff Berkley Cubin Goode Calvert Gutknecht Moore Hilliard Neal Waxman Hinchey Oberstar Weiner Berman Culberson Goodlatte Camp Hall (TX) Moran (KS) Berry Cummings Gordon Cannon Hansen Morella Hoeffel Obey Wexler Honda Olver Woolsey Biggert Cunningham Goss Cantor Harman Myrick Bilirakis Davis (CA) Graham Capito Hart Nethercutt NOT VOTING—16 Bishop Davis (FL) Granger Capps Hastings (WA) Ney Blagojevich Davis (IL) Graves Carson (OK) Hayes Northup Cooksey Hilleary Roukema Blumenauer Davis, Jo Ann Green (TX) Castle Hayworth Norwood Deal Johnson, Sam Sanchez Blunt Davis, Tom Green (WI) Chabot Hefley Nussle Ehrlich Lampson Stump Boehlert DeFazio Greenwood Chambliss Hinojosa Osborne Gilman Mascara Tanner Boehner DeGette Grucci Clay Hobson Ose Hastings (FL) Pitts Bonilla Delahunt Gutierrez Clement Hoekstra Otter Herger Rahall Bonior DeLauro Gutknecht Clyburn Holden Oxley Bono DeLay Hall (TX) Coble Holt Paul 1430 Boozman DeMint Hansen Collins Hooley Pence b Borski Deutsch Harman Combest Horn Peterson (MN) Messrs. SCOTT, INSLEE, KUCINICH, Boswell Diaz-Balart Hart Condit Hostettler Peterson (PA) Boucher Dicks Hastings (WA) Costello Houghton Petri LARSON of Connecticut, PAYNE, Boyd Dingell Hayes Cox Hulshof Phelps PALLONE, WAXMAN, EVANS, Brady (PA) Doggett Hayworth Cramer Hunter Pickering SPRATT, FILNER, WATT of North Brady (TX) Dooley Hefley Crane Hyde Platts Carolina, BONIOR, FARR of California, Brown (FL) Doolittle Hill Crenshaw Isakson Pombo Brown (OH) Doyle Hilliard Cubin Israel Pomeroy and Ms. MCCOLLUM changed their Brown (SC) Dreier Hinchey Culberson Issa Portman vote from ‘‘yea’’ to ‘‘nay.’’ Bryant Duncan Hinojosa Cunningham Istook Pryce (OH) Burr Dunn Hobson Davis (CA) Jefferson Putnam Mr. REYNOLDS changed his vote Burton Edwards Hoeffel Davis (FL) Jenkins Quinn from ‘‘nay’’ to ‘‘yea.’’ Buyer Ehlers Hoekstra Davis, Jo Ann John Radanovich So the resolution was agreed to. Callahan Emerson Holden Davis, Tom Johnson (CT) Ramstad Calvert Engel Holt DeFazio Johnson (IL) Regula The result of the vote was announced Camp English Honda DeLay Jones (NC) Rehberg as above recorded. Cannon Eshoo Hooley DeMint Keller Reynolds A motion to reconsider was laid on Cantor Etheridge Horn Deutsch Kelly Riley Capito Evans Hostettler Diaz-Balart Kennedy (MN) Roemer the table.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.062 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6953 Hoyer Mica Scott MOTION TO INSTRUCT CONFEREES Lewis (KY) Pastor Skelton Hulshof Millender- Sensenbrenner Linder Payne Slaughter Hunter McDonald Serrano ON H.R. 3295, HELP AMERICA Lipinski Pelosi Smith (MI) Hyde Miller, Dan Sessions VOTE ACT OF 2001 LoBiondo Pence Smith (NJ) Inslee Miller, Gary Shadegg Lofgren Peterson (MN) Smith (TX) Isakson Miller, George Shaw The SPEAKER pro tempore. The Lowey Peterson (PA) Smith (WA) Israel Miller, Jeff Shays pending business is the question of Lucas (KY) Petri Snyder Issa Mollohan Sherman agreeing to the motion to instruct con- Lucas (OK) Phelps Solis Istook Moore Sherwood ferees on H.R. 3295 offered by the gen- Luther Pickering Souder Jackson (IL) Moran (KS) Shimkus Lynch Platts Spratt Jackson-Lee Moran (VA) Shows tlewoman from Florida (Mrs. MEEK) on Maloney (CT) Pombo Stark (TX) Morella Shuster which the yeas and nays are ordered. Maloney (NY) Pomeroy Stearns Jefferson Murtha Simmons The Clerk will redesignate the mo- Manzullo Portman Stenholm Jenkins Myrick Simpson tion. Markey Price (NC) Strickland John Nadler Skeen Matheson Pryce (OH) Stupak Johnson (CT) Napolitano Skelton The Clerk redesignated the motion. Matsui Putnam Sullivan Johnson (IL) Neal Slaughter The SPEAKER pro tempore. The McCarthy (MO) Quinn Sununu Johnson, E. B. Nethercutt Smith (MI) question is on the motion to instruct McCarthy (NY) Radanovich Sweeney Jones (NC) Ney Smith (NJ) McCollum Rahall Tancredo Jones (OH) Northup Smith (TX) offered by the gentlewoman from Flor- McCrery Ramstad Tauscher Kanjorski Norwood Smith (WA) ida (Mrs. MEEK). McDermott Rangel Tauzin Kaptur Nussle Snyder This is a 5-minute vote. McGovern Regula Taylor (MS) Keller Oberstar McHugh Rehberg Taylor (NC) Solis The vote was taken by electronic de- Kelly Obey Souder McInnis Reyes Terry Kennedy (MN) Olver Spratt vice, and there were—yeas 400, nays 14, McIntyre Reynolds Thomas Kennedy (RI) Ortiz Stark not voting 17, as follows: McKeon Riley Thompson (CA) Kerns Osborne McKinney Rivers Thompson (MS) Stearns [Roll No. 432] Kildee Ose Stenholm McNulty Rodriguez Thune Kilpatrick Otter Strickland YEAS—400 Meehan Roemer Thurman Kind (WI) Owens Stupak Meek (FL) Rogers (KY) Tiahrt King (NY) Oxley Abercrombie Cox Gutierrez Sullivan Meeks (NY) Rogers (MI) Tiberi Kingston Pallone Ackerman Coyne Gutknecht Menendez Rohrabacher Tierney Sununu Kirk Pascrell Aderholt Cramer Hall (TX) Mica Ros-Lehtinen Towns Sweeney Kleczka Pastor Akin Crane Hansen Millender- Ross Turner Tancredo Knollenberg Paul Allen Crenshaw Harman McDonald Rothman Udall (CO) Tauscher Kolbe Payne Andrews Crowley Hart Miller, Dan Roybal-Allard Udall (NM) Tauzin Kucinich Pelosi Armey Cubin Hastings (WA) Miller, Gary Royce Upton Taylor (MS) LaFalce Pence Baca Cummings Hayes Miller, George Rush Velazquez Taylor (NC) LaHood Peterson (MN) Bachus Cunningham Hayworth Mollohan Ryan (WI) Visclosky Terry Langevin Peterson (PA) Baird Davis (CA) Hefley Moore Ryun (KS) Vitter Thomas Lantos Petri Baker Davis (FL) Hill Moran (KS) Sabo Walden Thompson (CA) Larsen (WA) Phelps Baldacci Davis (IL) Hilliard Moran (VA) Sanders Walsh Larson (CT) Pickering Thompson (MS) Baldwin Davis, Jo Ann Hinchey Morella Sandlin Wamp Latham Platts Thornberry Ballenger Davis, Tom Hinojosa Murtha Sawyer Waters LaTourette Pombo Thune Barcia DeFazio Hobson Myrick Saxton Watkins (OK) Leach Pomeroy Thurman Barrett DeGette Hoeffel Nadler Schaffer Watson (CA) Lee Portman Tiahrt Bartlett Delahunt Hoekstra Napolitano Schakowsky Watt (NC) Levin Price (NC) Tiberi Barton DeLauro Holden Neal Schiff Watts (OK) Lewis (CA) Pryce (OH) Tierney Becerra DeLay Holt Nethercutt Schrock Waxman Lewis (GA) Putnam Toomey Bentsen DeMint Honda Ney Scott Weiner Lewis (KY) Quinn Towns Bereuter Deutsch Hooley Northup Sensenbrenner Weldon (FL) Linder Radanovich Turner Berkley Diaz-Balart Horn Norwood Serrano Weldon (PA) Lipinski Ramstad Udall (CO) Berman Dicks Hoyer Nussle Sessions Weller LoBiondo Rangel Udall (NM) Berry Dingell Hulshof Oberstar Shadegg Wexler Lofgren Regula Upton Biggert Doggett Hunter Obey Shaw Whitfield Lowey Rehberg Velazquez Bilirakis Dooley Hyde Olver Shays Wicker Lucas (KY) Reyes Visclosky Bishop Doolittle Inslee Ortiz Sherman Wilson (NM) Lucas (OK) Reynolds Vitter Blagojevich Doyle Isakson Osborne Sherwood Wilson (SC) Luther Riley Walden Blumenauer Dreier Israel Ose Shimkus Wolf Lynch Rivers Walsh Blunt Duncan Issa Otter Shows Woolsey Maloney (CT) Rodriguez Wamp Boehlert Dunn Istook Owens Shuster Wu Maloney (NY) Roemer Waters Boehner Edwards Jackson (IL) Oxley Simmons Wynn Manzullo Rogers (KY) Watkins (OK) Bonior Ehlers Jackson-Lee Pallone Simpson Young (AK) Markey Rogers (MI) Watson (CA) Bono Emerson (TX) Pascrell Skeen Young (FL) Matheson Rohrabacher Watt (NC) Boozman Engel Jefferson Matsui Ros-Lehtinen Watts (OK) Borski English Jenkins NAYS—14 McCarthy (MO) Ross Waxman Boswell Eshoo John Barr Flake Miller, Jeff Boucher Etheridge Johnson (CT) McCarthy (NY) Rothman Weiner Bonilla Goode Paul Boyd Evans Johnson (IL) McCollum Roybal-Allard Weldon (FL) Collins Hostettler Thornberry Brady (PA) Farr Johnson, E. B. McCrery Royce Weldon (PA) Culberson Kerns Toomey McDermott Rush Weller Brady (TX) Fattah Jones (NC) Everett Kingston McGovern Ryan (WI) Wexler Brown (FL) Ferguson Jones (OH) McHugh Ryun (KS) Whitfield Brown (OH) Filner Kanjorski NOT VOTING—17 Brown (SC) Fletcher Kaptur McInnis Sabo Wicker Bass Herger Pitts Bryant Foley Keller McIntyre Sanders Wilson (NM) Clayton Hilleary Burr Forbes Kelly Roukema McKeon Sandlin Wilson (SC) Cooksey Houghton Burton Ford Kennedy (MN) Sanchez McKinney Sawyer Wolf Deal Johnson, Sam Buyer Fossella Kennedy (RI) Stump McNulty Saxton Woolsey Ehrlich Lampson Callahan Frank Kildee Tanner Meehan Schaffer Wu Hastings (FL) Mascara Meek (FL) Schakowsky Wynn Calvert Frelinghuysen Kilpatrick Meeks (NY) Schiff Young (AK) Camp Frost Kind (WI) b 1450 Menendez Schrock Young (FL) Cannon Gallegly King (NY) Cantor Ganske Kirk So the motion to instruct was agreed NOT VOTING—17 Capito Gekas Kleczka to. Clayton Hilleary Rahall Capps Gephardt Knollenberg Capuano Gibbons Kolbe The result of the vote was announced Cooksey Houghton Roukema Cardin Gilchrest Kucinich as above recorded. Deal Johnson, Sam Sanchez Ehrlich Lampson Carson (IN) Gillmor LaFalce A motion to reconsider was laid on Stump Carson (OK) Gilman LaHood Hastings (FL) Mascara Tanner the table. Herger Pitts Castle Gonzalez Langevin Chabot Goodlatte Lantos f Chambliss Gordon Larsen (WA) b 1440 Clay Goss Larson (CT) REPORT ON H.R. 5521, DISTRICT OF Clement Graham Latham COLUMBIA APPROPRIATIONS So the resolution was agreed to. Clyburn Granger LaTourette The result of the vote was announced Coble Graves Leach ACT, 2003 as above recorded. Combest Green (TX) Lee Mr. KNOLLENBERG, from the Com- Condit Green (WI) Levin A motion to reconsider was laid on Conyers Greenwood Lewis (CA) mittee on Appropriations, submitted a the table. Costello Grucci Lewis (GA) privileged report (Rept. No. 107–716) on

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.014 H02PT1 H6954 CONGRESSIONAL RECORD — HOUSE October 2, 2002 the bill (H.R. 5521) making appropria- Whereas of the 53.6 million children cur- which supersedes the rules establishing tions for the government of the Dis- rently enrolled in elementary and secondary the order of business. The powers of trict of Columbia and other activities schools in this country, 9.8 million, or nearly raising revenue and appropriating chargeable in whole or in part against 20 percent, are from households defined by funds is the question of the House’s the Commerce Department as being in pov- the revenues of said District for the fis- erty. constitutional authority and is there- cal year ending September 30, 2003, and Whereas the House is faced with the choice fore privileged in nature, especially for other purposes, which was referred of supporting schools or supporting the given the importance of this funding to to the Union Calendar and ordered to President and his effort to reverse the trend the future of our Nation. be printed. of expanding federal support for local The future of our labor force and our The SPEAKER pro tempore (Mr. schools. economy is heavily dependent on ele- THORNBERRY). All points of order are Whereas the Congress has provided states vating the education and skills of fu- reserved on the bill. with an unfunded mandate by approving the ‘‘No Child Left Behind’’ Act without the nec- ture workers. The achievement gap be- f essary financial resources to fund it. Now, tween students who are at risk and the rest of the student population remains PRIVILEGES OF THE HOUSE—IN- therefore, be it Resolved that it is the sense of the House of large and has failed to close. TEGRITY OF PROCEEDINGS AS Representatives that the Congress should It is not only the prerogative of this PRESCRIBED BY THE CONSTITU- provide states with the resources they need Chamber but its constitutional duty TION to fully implement the ‘‘No Child Left Be- for the House to take action on the Mr. VISCLOSKY. Mr. Speaker, pur- hind’’ Act as it promised less than a year Labor, Health and Human Services and suant to rule IX, I rise to a question of ago, by completing action on the Fiscal Year 2003 Labor, Health and Human Services, and Labor bill. The Congress has provided the privileges of the House, offer a States with an unfunded mandate by privileged resolution that I noticed, Education, and Related Agencies Appropria- tions. approving H.R. 1 without the necessary and ask for its immediate consider- The SPEAKER pro tempore. The financial resources to fund it. The ma- ation. jority of this body voted for H.R. 1, and The SPEAKER pro tempore. The Chair will hear briefly from the pro- ponent of the resolution as to whether we should deserve to be heard. Clerk will report the resolution. Mr. Speaker, my question of privi- The Clerk read the resolution, as fol- the resolution constitutes a question of the privileges of the House under rule lege regards the integrity of our pro- lows: ceedings as a House as prescribed by A resolution, in accordance with House IX. The Chair recognizes the gentleman the Constitution. The U.S. Constitu- Rule IX, expressing a sense of the House that tion conveys upon this body the power its integrity has been impugned and Con- from Indiana (Mr. VISCLOSKY). stitutional duty hampered by the inability of Mr. VISCLOSKY. Mr. Speaker, I ap- to originate appropriation measures. It the House to bring to the floor the Fiscal preciate the recognition to speak on is not only our responsibility, it is our Year 2003 Departments of Labor, Health and the resolution. duty and obligation to reinstate this Human Services, and Education, and Related Article 1, section 9 of the Constitu- message and this legislation about the Agencies Appropriations Act, due to the se- tion states that ‘‘No money shall be importance of education. And I do be- vere under funding of Education within the drawn from the Treasury, but in con- lieve the resolution that I have intro- President’s Fiscal Year (FY) 2003 Budget. duced is privileged in the House. Whereas under Article I, Section IX, of the sequence of appropriations made by Constitution states no money shall be drawn law.’’ The SPEAKER pro tempore (Mr. from the Treasury, but in Consequence of It is the fiscal duty of the Congress THORNBERRY). The Chair is prepared to Appropriations made by law. to appropriate the money necessary to rule on whether the resolution offered Whereas it is the fiscal duty of the Con- provide the funds needed to support the by the gentleman from Indiana (Mr. gress to appropriate annually the funds need- execution of programs and operations VISCLOSKY) constitutes a question of ed to support the execution of programs and of the Federal Government. To date, privileges of the House under rule IX. operations of the Federal government. The resolution offered by the gen- Whereas to date the House has only consid- only five of these important measures ered five Appropriations bills. have been considered. tleman from Indiana (Mr. VISCLOSKY) Whereas as President, George W. Bush has The failure of this unrealistic budget expresses the sense of the House that been persistent in resonating public concern resolution is especially true in respect the Congress should complete action on for better schools. He dedicated significant to the fiscal year 2003 Labor, Health a legislative measure. Specifically, the amounts of time and public dialogue during and Human Services, Education and resolution calls upon the Congress to his first year in office to the passage of H.R. Related Agencies appropriations bill in provide the States with additional edu- 1, the ‘‘Leave No Child Behind’’ Act, not only its funding for education. This inaction cation resources by completing action implying he favored more help to schools on a general appropriation bill. from the federal treasury but specifically au- has hampered this body’s constitu- thorizing large increases in a number of key tional duty. The Chair has most recently ruled on program areas. November 4, 1999, consistent with the Whereas within weeks of signing H.R. 1, b 1500 principal enunciated by Speaker Gil- Public Law No: 107–110, the ‘‘No Child Left Mr. Speaker, this inaction has ham- lett in his landmark ruling of May 6, Behind’’ Act, the President submitted a pered this body’s constitutional duty 1921, that a resolution expressing a leg- budget that stopped six years of steady and impinged its integrity. President islative sentiment ordinarily does not progress in federal support to local schools Bush dedicated significant amounts of give rise to a question of privileges of dead in its tracks. Whereas instead of the strong and con- time and public dialogue during his the House under rule IX. Specifically, sistent growth in support to local schools first months in office to the passage of the Chair held on that occasion that that the federal government has provided for H.R. 1, the Leave No Child Behind Act. legislative sentiment that the Presi- more than a decade, the President’s FY 2003 It specifically authorized large in- dent should take specified action to Budget holds aid to local schools virtually creases in a number of key educational achieve a desired policy end did not flat. Furthermore, his Budget Director now programs. However, within weeks of present a question affecting the rights insists that if Congress exceeds the budget signing the bill, the President sub- of the House collectively, its safety, its request by even the smallest amount, the mitted a budget that stopped 6 years of President will veto entire appropriation dignity or the integrity of its pro- bills. steady progress. His budget director ceedings as required under rule IX. Whereas the future of our labor force and now insists that if Congress exceeds In the opinion of the Chair, the in- our economy is heavily dependent on ele- the budget request by even the small- stant resolution expressing the senti- vating the education and skills of all future est amount, the President will veto the ment that Congress should act on a workers. entire appropriations bill. specified measure also falls short of the Whereas about one third of the 53.6 million Mr. Speaker, section 702 of House standards of rule IX. children now in elementary and secondary rule IX, entitled ‘‘The General Prin- The Chair would quote from the land- schools in America are at serious risk of being left behind. The achievement gap be- ciples,’’ concluded that certain matters mark Gillett ruling: ‘‘No one Member tween these students and the rest of the stu- of business arising under the Constitu- ought to have the right to determine dent population remains large and has failed tion mandatory in nature for the House when it should have come in preference to close. have been held to have a privilege to the regular rules of the House.’’

VerDate Sep 04 2002 04:37 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.074 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6955 To permit a question of privileges of Leach Pombo Smith (NJ) Waxman Wexler Wu the House either urging or requiring Lewis (CA) Portman Smith (TX) Weiner Woolsey Wynn Lewis (KY) Pryce (OH) Souder NOT VOTING—21 congressional action or inaction on Linder Putnam Stearns education funding would permit any LoBiondo Quinn Sullivan Abercrombie Ganske McKinney Member to advance virtually any legis- Lucas (OK) Radanovich Sununu Barr Gutierrez Pitts lative proposal as a question of privi- Manzullo Ramstad Sweeney Callahan Hastings (FL) Roukema McCrery Regula Tancredo Cooksey Hilleary Sanchez leges of the House. McHugh Rehberg Tauzin Davis, Tom LaFalce Stump As the Chair ruled on December 22, McInnis Reynolds Taylor (NC) Deal Lampson Tanner 1995, the mere invocation of the general McKeon Riley Terry Ehrlich Mascara Watkins (OK) legislative power of the purse provided Mica Rogers (KY) Thomas b 1524 in the Constitution, coupled with a fis- Miller, Dan Rogers (MI) Thornberry Miller, Gary Rohrabacher Thune Mr. EDWARDS and Mr. HINOJOSA cal policy end, does not meet the re- Miller, Jeff Ros-Lehtinen Tiahrt changed their vote from ‘‘yea’’ to quirements of rule IX and is really a Moran (KS) Royce Tiberi ‘‘nay.’’ matter properly initiated through in- Morella Ryan (WI) Toomey Mr. HEFLEY and Mr. WELDON of troduction in the hopper under clause 7 Myrick Ryun (KS) Upton Nethercutt Saxton Vitter Florida changed their vote from ‘‘nay’’ of rule XII. Ney Schaffer Walden to ‘‘yea.’’ Accordingly, the resolution offered Northup Schrock Walsh So the motion to table was agreed to. by the gentleman from Indiana (Mr. Norwood Sensenbrenner Wamp The result of the vote was announced VISCLOSKY) does not constitute a ques- Nussle Sessions Watts (OK) as above recorded. Osborne Shadegg Weldon (FL) tion of privileges of the House under Ose Shaw Weldon (PA) A motion to reconsider was laid on rule IX and may not be considered at Otter Shays Weller the table. this time. Oxley Sherwood Whitfield f Mr. VISCLOSKY. Mr. Speaker, I ap- Paul Shimkus Wicker Pence Shuster Wilson (NM) PRIVILEGES OF THE HOUSE—IN- peal the ruling of the Chair. TEGRITY OF PROCEEDINGS AS The SPEAKER pro tempore. The Peterson (PA) Simmons Wilson (SC) Petri Simpson Wolf PRESCRIBED BY THE CONSTITU- question is: Shall the decision of the Pickering Skeen Young (AK) TION Chair stand as the judgment of the Platts Smith (MI) Young (FL) House? Mr. BROWN of Ohio. Mr. Speaker, I NAYS—200 rise to a question of the privileges of MOTION TO TABLE OFFERED BY MR. JEFF Ackerman Gonzalez Moran (VA) MILLER OF FLORIDA the House, and I offer a privileged reso- Allen Gordon Murtha lution, that I noticed yesterday pursu- Mr. JEFF MILLER of Florida. Mr. Andrews Green (TX) Nadler ant to rule IX, and ask for its imme- Speaker, I move to lay the appeal on Baca Hall (TX) Napolitano the table. Baird Harman Neal diate consideration. Baldacci Hill Oberstar The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Baldwin Hilliard question is on the motion to table. Obey THORNBERRY). The Clerk will report the Barcia Hinchey Olver resolution. The question was taken; and the Barrett Hinojosa Ortiz The Clerk read as follows: Speaker pro tempore announced that Becerra Hoeffel Owens Bentsen Holden Whereas Article I, Section VIII, of the Con- the ayes appeared to have it. Pallone Berkley Holt stitution states Congress shall have Power Pascrell Mr. VISCLOSKY. Mr. Speaker, I ob- Berman Honda to promote the progress of Science and the Pastor ject to the vote on the ground that a Berry Hooley useful Arts, by securing for limited Times to Payne quorum is not present and make the Bishop Hoyer Authors and Inventors the exclusive Right to Blagojevich Inslee Pelosi point of order that a quorum is not Peterson (MN) their respective Writings and Discoveries; present. Blumenauer Israel Whereas such protections on Writings and Bonior Jackson (IL) Phelps The SPEAKER pro tempore. Evi- Pomeroy Discoveries have been promulgated by pat- Borski Jackson-Lee ent, copyright, and other laws, including dently a quorum is not present. Boswell (TX) Price (NC) Rahall Public Law 98–417, affording Authors and In- The Sergeant at Arms will notify ab- Boucher Jefferson ventors the exclusive Right to their respec- sent Members. Boyd John Rangel Reyes tive Writings and Discoveries for a limited The vote was taken by electronic de- Brady (PA) Johnson, E. B. Brown (FL) Jones (OH) Rivers period of time; vice, and there were—yeas 210, nays Brown (OH) Kanjorski Rodriguez Whereas Public Law 98–417 breaches this 200, not voting 21, as follows: Capps Kaptur Roemer constitutional requirement by failing to im- [Roll No. 433] Capuano Kennedy (RI) Ross pose such limitation on the protection of Cardin Kildee Rothman certain medical inventions; YEAS—210 Carson (IN) Kilpatrick Roybal-Allard Whereas provisions of Public Law 98–417 Aderholt Crenshaw Grucci Carson (OK) Kind (WI) Rush imbue the Food and Drug Administration Akin Cubin Gutknecht Clay Kleczka Sabo with the authority to secure for limited time Armey Culberson Hansen Clayton Kucinich Sanders for Inventors the exclusive Right to their re- Bachus Cunningham Hart Clement Langevin Sandlin spective Medical Inventions; Baker Davis, Jo Ann Hastings (WA) Clyburn Lantos Sawyer Whereas public Laws 98–417 fails to provide Ballenger DeLay Hayes Condit Larsen (WA) Schakowsky the Food and Drug Administariton the au- Bartlett DeMint Hayworth Conyers Larson (CT) Schiff thority to refrain form securing this exclu- Barton Diaz-Balart Hefley Costello Lee Scott sive right for inventors if the conditions for Bass Doolittle Herger Coyne Levin Serrano such exclusivity are not met; Bereuter Dreier Hobson Cramer Lewis (GA) Sherman Whereas due to the failure of Congress to Biggert Duncan Hoekstra Crowley Lipinski Shows Bilirakis Dunn Horn Cummings Lofgren provide the Food and Drug Administration Skelton with the proper authority to fulfill obliga- Blunt Ehlers Hostettler Davis (CA) Lowey Slaughter Boehlert Emerson Houghton Davis (FL) Lucas (KY) tions under the Act, certain medical inven- Smith (WA) tions have received the exclusive Right to Boehner English Hulshof Davis (IL) Luther Snyder Bonilla Everett Hunter DeFazio Lynch their respective Inventions without limita- Solis Bono Ferguson Hyde DeGette Maloney (CT) tion; Spratt Boozman Flake Isakson Delahunt Maloney (NY) Whereas the unlimited exercise of exclu- Stark Brady (TX) Fletcher Issa DeLauro Markey sivity by prescription drug manufacturers Stenholm Brown (SC) Foley Istook Deutsch Matheson Strickland subjects healthcare consumers and third Bryant Forbes Jenkins Dicks Matsui Stupak party payers to no-competitive prices and re- Burr Fossella Johnson (CT) Dingell McCarthy (MO) sults in significantly higher prescription Burton Frelinghuysen Johnson (IL) Doggett McCarthy (NY) Tauscher Taylor (MS) drug costs for purchasers; Buyer Gallegly Johnson, Sam Dooley McCollum Whereas health care costs increased by 5% Calvert Gekas Jones (NC) Doyle McDermott Thompson (CA) Thompson (MS) in 2001, 3.7 times faster than overall inflation Camp Gibbons Keller Edwards McGovern rate; Cannon Gilchrest Kelly Engel McIntyre Thurman Tierney Whereas prescription drug cost spending is Cantor Gillmor Kennedy (MN) Eshoo McNulty the fastest growing component of heath care Capito Gilman Kerns Etheridge Meehan Towns Castle Goode King (NY) Evans Meek (FL) Turner costs, and rose 17% in 2001; Chabot Goodlatte Kingston Farr Meeks (NY) Udall (CO) Whereas health insurance premiums rose Chambliss Goss Kirk Fattah Menendez Udall (NM) by 11% in 2001, driven largely by the in- Coble Graham Knollenberg Filner Millender- Velazquez creased cost of prescription drugs; Collins Granger Kolbe Ford McDonald Visclosky Whereas state Medicaid spending increased Combest Graves LaHood Frank Miller, George Waters by 11% in Fiscal year 2002, driven primarily Cox Green (WI) Latham Frost Mollohan Watson (CA) by increased prescription drug spending and Crane Greenwood LaTourette Gephardt Moore Watt (NC) enrollment growth;

VerDate Sep 04 2002 04:42 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.077 H02PT1 H6956 CONGRESSIONAL RECORD — HOUSE October 2, 2002 Whereas the number of individuals with only with the privileges of the House Under those circumstances, FDA is health insurance declined by 1.4 million in itself.’’ The mere enumeration of the obligated to place a 21⁄2-year stay on 2001, a function of the faltering economy, legislative powers in article 1, section 8 the approval of the generic drug appli- rapid health inflation, and a growing number of the U.S. Constitution, which the cation regardless of the merit of the of states in which public insurance programs are outpacing budgets; gentleman cites in his resolution, do patent, regardless of whether the Whereas prescription drugs are prescribed not give rise to a question of privilege drugmaker’s new patent actually by licensed healthcare professionals to con- of the House itself. The precedents of claims the drug. In fact, FDA has no sumers as a non-discretionary purchase es- the House are clear on this point. authority under Hatch-Waxman to as- sential to their welfare; Mr. Speaker, I therefore insist on the sess whether a patent is actually in Whereas it is in the public interest to point of order. any way relevant to the underlying grant a limited period of exclusivity to in- The SPEAKER pro tempore (Mr. drug patent. The agency must take the ventors of prescription drugs, but extending THORNBERRY). The Chair will hear from drug industry’s word for it and award that exclusivity places an inappropriate fis- the gentleman from Ohio on the point cal burden on consumers, insurers, and pub- the drugmaker an additional 30 months lic sector payers; of order as to whether his resolution of exclusivity. Whereas generic drugs are sold as alter- constitutes a question of privileges of While the Judicial Branch tries to natives to medical inventions for which ex- the House under rule IX. step into the breach, the courts have clusivity is no longer available; Mr. BROWN of Ohio. Mr. Speaker, repeatedly curtailed the 30-month ex- Whereas generic drugs have the same dos- this resolution goes to the question of clusivity by ruling that a drug com- age, safety, strength, quality, and perform- the integrity of the House and its pro- pany’s patent does not claim a drug, ance as the medical inventions for which ceedings, and failure to act impugns the courts cannot prevent drug compa- they serve as substitutes, according to the the integrity of the House. nies from repeating this process over Food and Drug Administration; Under article 1, section 8 of the Con- Whereas limitations on exclusivity have and over again, filing new patents with allowed prescription drug prices to drop 40–80 stitution, Congress has two obligations FDA, triggering 30 months of exclu- percent when generic drugs enter the mar- in regard to intellectual property pro- sivity, then enjoying that exclusivity ket; tection: to provide authors and inven- until the courts rule against them. Whereas limitations allowing generic tors a period of exclusivity, and to The SPEAKER pro tempore. The drugs to enter the market saved consumers place a defined limit on that exclu- Chair requests the gentleman confine $8–$10 billion in 1994 alone, according to the sivity. Both obligations are crucial be- his remarks to the question of whether Congressional Budget Office; cause they accommodate a delicate the resolution constitutes a question of Whereas the failure to apply limitations to balance between promoting new inno- the Exclusive rights granted under Public privileges of the House. Law 98–622 has afforded widely used medi- vation and promoting broad scale ac- Mr. BROWN of Ohio. Mr. Speaker, cines, including Prilosec and Paxil, an in- cess to that new innovation. this goes to the question of the integ- definite period of exclusivity; In the case of prescription drugs, the rity of the House and its proceedings; Whereas Prilosec and Pxil were among the balance is especially crucial. It is in and by building this case, it will be 50 medicines seniors used most in 2001; the public interest to promote the de- clear to all Members how this in fact Whereas the Senate has passed S. 812, velopment of new medicines. Every has happened. which amends Public Law 98–417 to restore day, however, that competition in the The Patent and Trademark Office constitutionally mandated limitation on drug market is delayed means fewer cannot prevent drugmakers from secur- medical inventions; Whereas the House has not considered Leg- Americans with access to that medi- ing indefinite periods of exclusivity islation to amend Public Law 98–417 to re- cine. The only thing more tragic than under Hatch-Waxman. It only deter- store constitutionally mandated limitations a life-threatening or debilitating ill- mines whether a drugmaker should re- in medical inventions; ness is knowing that one cannot afford ceive a patent, not whether this patent Whereas it is the obligation of the House the medicine that would cure that ill- claims an existing prescription drug to consider such legislation in keeping with ness. product. Under Hatch-Waxman, neither its constitutionally mandated obligations to In accordance with its obligations FDA nor any agency or branch of gov- secure for Limited Times to Authors and in- under the Constitution, Congress has ernment can prevent intellectual prop- ventors the right to their writings and In- enacted a number of laws intended to ventions; erty protection from being conferred Whereas the failure of the House to restore provide inventors and authors limited over and over again, in other words, in- limitations on the exclusivity afforded to intellectual property protection: the definitely for the same product, a vio- the inventors of prescription drugs, if not Patent Act, the Copyright Act, the lation of the Constitution. remedied, will cost consumers and other pur- Bayh-Dole Act, the Hatch-Waxman This problem is not theoretical; it is chasers $60 billion over the next ten years, Act, and licensing laws for atomic en- real. Neurontin, a $1.1 billion-a-year according to the Congressional Budget Of- ergy and anti-pollution devices. Unfor- drug, is a prescription drug for sei- fice; tunately, Hatch-Waxman confers intel- zures. Its two main patents, one on the Whereas the failure of the House to restore lectual property protection without drug’s ingredients, one on the use of limitations on the exclusivity afforded to the inventors of prescription drugs, if not limit. This was clearly not the inten- the drug, expired in 1994 and 6 years remedied, will leave more seniors and other tion of the authors, and Congress has later, respectively. Right before the Americans without access to needed medi- impugned its integrity by failing to ad- second patent expired, the company cines; dress this constitutional breach. listed two new patents, one of which Resolved, that it is the sense of the House Under Hatch-Waxman, drug makers was an unapproved use to treat Parkin- of Representatives that the house should can trigger an automatic 30-month pe- son’s. The drugmaker did not ask FDA consider pending legislation to amend Public riod of exclusivity for their products to approve the drug for Parkinson’s pa- Law 98–417 to restore constitutionally man- above and beyond the 14 to 17 years of tients. The drugmakers did not do any dated limitations on medical inventions on behalf of American consumers, including patent protection they already receive research to assert whether the drug ac- seniors, American businesses, and tax-funded by taking two simple steps: first, the tually is effective for Parkinson’s pa- federal and state health insurance programs. drugmaker notifies FDA that it pos- tients, but the generic drugmaker still sesses an additional patent that claims had to go to court to argue that its b 1530 the drug, meaning that it covers an es- product is not intended for Parkinson’s POINT OF ORDER sential aspect of the drug as approved patients. Mr. BURR of North Carolina. Mr. by FDA. This typically occurs at just When the generic and brand-name Speaker, I rise on a point of order. The about the time when the drugmaker’s company go to court, FDA is automati- gentleman has not presented to the original patents on the drug are about cally required to withhold approval of House a question of privilege under to expire. Then, if any generic drug the generic for 30 months, or 21⁄2 years. rule IX of the rules of the House. As companies have filed on application That is why this goes to the integrity the House Practice Manual clearly with FDA to market a generic version of the House and its proceedings. After states, and I quote, ‘‘Rule IX is con- of that drug, the brand-name company those 30 months, the industry filed a cerned not with the privileges of the then sues the generic for patent in- new patent, forcing the generic indus- Congress as a legislative branch but fringement. try to go back to court, starting the 30-

VerDate Sep 04 2002 04:37 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.039 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6957 month clock again. The two delays, MOTION TO TABLE OFFERED BY MR. BURR OF Tiahrt Wamp Wicker equal to 5 years, delayed generic entry NORTH CAROLINA Tiberi Watkins (OK) Wilson (NM) Toomey Watts (OK) Wilson (SC) and additional patent protection ille- Mr. BURR of North Carolina. Mr. Upton Weldon (FL) Wolf gally and unconstitutionally, costing Speaker, I move to lay the appeal on Vitter Weldon (PA) Young (AK) consumers a million and a half days in the table. Walden Weller Young (FL) Walsh Whitfield potential savings. The SPEAKER pro tempore. The It is our responsibility, Mr. Speaker, question is on the motion offered by NAYS—204 to restore the original intent of Hatch- the gentleman from North Carolina Abercrombie Green (TX) Nadler Waxman and meet our constitutional (Mr. BURR) to lay on the table the ap- Ackerman Gutierrez Napolitano obligation to limit intellectual prop- peal of the ruling of the Chair. Allen Hall (TX) Neal Andrews Harman Northup erty protection afforded to The question was taken; and the Baca Hill Oberstar drugmakers. Our failure to act on Speaker pro tempore announced that Baird Hilliard Obey pending legislation impugns the integ- the ayes appeared to have it. Baldacci Hinchey Olver rity of this House and impugns the in- Mr. BROWN of Ohio. Mr. Speaker, I Baldwin Hinojosa Ortiz Barcia Hoeffel Owens tegrity of Congress. In failing to act, object to the vote on the ground that a Barrett Holden Pallone we play a complicit role in a looming quorum is not present and make the Becerra Holt Pascrell health care crisis. We know what that point of order that a quorum is not Bentsen Honda Pastor Berkley Hooley is: rising prescription drug costs fuel present. Payne Berman Hoyer Pelosi double-digit increases in health insur- The SPEAKER pro tempore. Evi- Berry Inslee Peterson (MN) ance premiums, they put State budgets dently a quorum is not present. Bishop Israel Phelps in the red, and they force seniors to The Sergeant at Arms will notify ab- Blagojevich Jackson (IL) Pomeroy Blumenauer Jackson-Lee Price (NC) choose between medicine and food. sent Members. Bonior (TX) Rahall My question of privilege, Mr. Speak- The vote was taken by electronic de- Borski Jefferson Rangel er, regards the integrity of our pro- Boswell John Reyes vice, and there were—yeas 212, nays Boucher Johnson, E. B. ceedings as a House as prescribed by 204, not voting 15, as follows: Rivers Boyd Jones (OH) Rodriguez the Constitution. The Constitution [Roll No. 434] Brady (PA) Kanjorski Roemer Brown (FL) Kaptur conveys upon this body the power to YEAS—212 Ross secure for limited, underscore limited, Brown (OH) Kennedy (RI) Rothman Aderholt Gekas Miller, Jeff Capps Kildee Roybal-Allard times to authors and inventors the ex- Capuano Kilpatrick Akin Gibbons Moran (KS) Rush Cardin Kind (WI) clusive rights to their writings and dis- Armey Gilchrest Myrick Sabo Carson (IN) Kleczka coveries. Hatch-Waxman confers intel- Bachus Gillmor Nethercutt Sanders Carson (OK) Kucinich Baker Gilman Ney Sandlin lectual property protection without Clay LaFalce Ballenger Goode Norwood Sawyer Clayton Langevin limit, and therefore it is our obligation Bartlett Goodlatte Nussle Schakowsky Clement Lantos to remedy this constitutional breach. Barton Goss Osborne Schiff Clyburn Larsen (WA) Bass Graham Ose Scott The other body has passed legislation Condit Larson (CT) Bereuter Granger Otter Serrano already that fulfills this obligation Conyers Lee Biggert Graves Oxley Sherman Costello Levin bipartisanly and overwhelmingly. This Bilirakis Green (WI) Paul Shows Blunt Greenwood Pence Coyne Lewis (GA) House has three pieces of legislation Cramer Lipinski Slaughter Boehlert Grucci Peterson (PA) Smith (WA) before it, H.R. 1862, 5272, and 5311, with Boehner Gutknecht Petri Crowley Lofgren several sponsors from both parties, Cummings Lowey Snyder Bonilla Hansen Pickering Solis Bono Hart Davis (CA) Lucas (KY) that would enable the House to meet Platts Spratt Boozman Hastings (WA) Pombo Davis (FL) Luther its constitutional obligation. This reso- Stark Brady (TX) Hayes Portman Davis (IL) Lynch Stenholm lution urges the House to take up one Brown (SC) Hayworth Pryce (OH) DeFazio Maloney (CT) Strickland Bryant Hefley Putnam DeGette Maloney (NY) of these measures in keeping with our Stupak Burr Herger Quinn Delahunt Markey constitutional obligations and to re- Tauscher Burton Hobson Radanovich DeLauro Matheson Taylor (MS) store the integrity of our proceedings. Buyer Hoekstra Ramstad Deutsch Matsui Thompson (CA) I ask the Speaker to recognize any Callahan Horn Regula Dicks McCarthy (MO) Thompson (MS) Calvert Hostettler Rehberg Dingell McCarthy (NY) Member wishing to speak on the reso- Thurman Camp Houghton Reynolds Doggett McCollum Tierney lution. Cannon Hulshof Riley Dooley McDermott The SPEAKER pro tempore. The Cantor Hunter Rogers (KY) Doyle McGovern Towns Chair is prepared to rule. Capito Hyde Rogers (MI) Edwards McIntyre Turner Castle Isakson Rohrabacher Engel McNulty Udall (CO) As the Chair ruled earlier today, a Chabot Issa Ros-Lehtinen Eshoo Meehan Udall (NM) resolution expressing the sentiment Chambliss Istook Royce Etheridge Meek (FL) Velazquez that Congress should act on a specified Coble Jenkins Ryan (WI) Evans Meeks (NY) Visclosky Waters measure does not constitute a question Collins Johnson (CT) Ryun (KS) Farr Menendez Combest Johnson (IL) Saxton Fattah Millender- Watson (CA) of privileges of the House under rule Cooksey Johnson, Sam Schaffer Filner McDonald Watt (NC) IX. Cox Jones (NC) Schrock Ford Miller, George Waxman The mere invocation of legislative Crane Keller Sensenbrenner Frank Mollohan Weiner Crenshaw Kelly Sessions Frost Moore Wexler powers provided in the Constitution Cubin Kennedy (MN) Shadegg Gephardt Moran (VA) Woolsey coupled with a desired policy end does Culberson Kerns Shaw Gonzalez Morella Wu not meet the requirements of rule IX Cunningham King (NY) Shays Gordon Murtha Wynn and is really a matter properly initi- Davis, Jo Ann Kingston Sherwood Davis, Tom Kirk Shimkus NOT VOTING—15 ated through introduction in the hop- DeLay Knollenberg Shuster Barr Hilleary Roukema per under clause 7 of rule XII. DeMint Kolbe Simmons Deal Lampson Sanchez Accordingly, the resolution offered Diaz-Balart LaHood Simpson Ehrlich Mascara Skelton Doolittle Latham Skeen by the gentleman from Ohio does not Ganske McKinney Stump Dreier LaTourette Smith (MI) Hastings (FL) Pitts Tanner constitute a question of the privileges Duncan Leach Smith (NJ) of the House under rule IX, and the Dunn Lewis (CA) Smith (TX) Ehlers Lewis (KY) Souder b 1604 point of order raised by the gentleman Emerson Linder Stearns from North Carolina is sustained. English LoBiondo Sullivan Mrs. NORTHUP changed her vote Mr. BROWN of Ohio. Mr. Speaker, I Everett Lucas (OK) Sununu from ‘‘yea’’ to ‘‘nay.’’ appeal the ruling of the Chair and ask Ferguson Manzullo Sweeney Flake McCrery Tancredo So the motion to table was agreed to. to be heard on the ruling. Fletcher McHugh Tauzin The SPEAKER pro tempore. The Foley McInnis Taylor (NC) The result of the vote was announced question is, Shall the decision of the Forbes McKeon Terry as above recorded. Fossella Mica Thomas Chair stand as the judgment of the Frelinghuysen Miller, Dan Thornberry A motion to reconsider was laid on House? Gallegly Miller, Gary Thune the table.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.084 H02PT1 H6958 CONGRESSIONAL RECORD — HOUSE October 2, 2002 ANNOUNCEMENT BY COMMITTEE Whereas in this Congress, just as in pre- Commissioner, individually, in their ON RULES REGARDING AMEND- vious Congresses, the larger Bankruptcy Re- representative capacity only.’’ MENTS TO H.J. RES. 114, AU- form Act includes a provision that perma- The rights, reputation, and conduct THORIZING USE OF MILITARY nently extends Chapter 12. And, in this Con- of this Member are negatively affected gress, just as in previous Congresses, the when the House cannot move legisla- FORCE AGAINST IRAQ larger Bankruptcy Reform Act is a con- tion that the American people and the (Mr. DREIER asked and was given troversial bill whose enactment is an uncer- vast majority of the Members of this permission to address the House for 1 tainty; and House overwhelmingly support. Chap- minute.) Whereas, for 5 years now, family farmers Mr. DREIER. Mr. Speaker, I rise to have been held hostage by the contentious ter 12 of the Federal bankruptcy code debate surrounding the larger bankruptcy inform our colleagues that today we was enacted in 1986 as a temporary issue. For 5 years, the family farmer has measure to allow family farmers to will be sending a Dear Colleague letter been waiting to see if Congress will extend informing Members that the Com- repay their debts according to a plan these protections for another few months under court supervision, preventing a mittee on Rules is planning to meet on until we reach the next legislative hurdle on situation from occurring where a few Monday, October 7, to grant a rule the larger bankruptcy issues; and bad crop years result in the loss of the which may limit the amendment proc- Whereas right now, family farmers are making plans to borrow money based on next family farm. ess for H.J. Res. 114, authorization for Mr. Speaker, in 1997, the National the use of military force against Iraq. year’s expected harvest in order to be able to buy the seeds needed to plant the crops for Bankruptcy Review Commission rec- Any Member who wishes to offer an that harvest. As these farmers leverage ommended that chapter 12 be made per- amendment to this joint resolution themselves, they need to have the assurance manent. Six times since that rec- should submit 55 copies of the amend- that Chapter 12 family farmer bankruptcy ommendation was made, Congress has ment and one copy of a brief expla- protections are going to be there for them on ignored the advice of the National a permanent basis. Sporadic and temporarily nation of the amendment by 5 p.m. this Bankruptcy Commission and has ex- Friday, October 4, to the Committee on extensions to not do the job. Now therefore, be it resolved that it is the tended chapter 12 on a temporary basis Rules in room H–312. rather than a permanent basis. I will Amendments should be drafted to the sense of the House of Representatives that the Speaker should immediately call up for admit that a permanent extension of text of the joint resolution as reported consideration by this body, H.R. 5348, the chapter 12 has been included in the by the Committee on International Re- Family Farmers and Family Fishermen Pro- larger bankruptcy reform bill, but that lations, which is expected to file prob- tection Act of 2002, which will once and for bill is saddled with great controversy; ably tomorrow. The text will be avail- all give family farmers the permanent bank- and despite our efforts to pass it sev- able on the Web sites of both the Com- ruptcy protections they have been waiting over five years for. eral times in the past 5 years, we still mittee on International Relations and have not had success. the Committee on Rules. POINT OF ORDER Mr. Speaker, for 5 years now, family Members should use the Office of Mr. SENSENBRENNER. Mr. Speak- farmers have been held hostage by the Legislative Counsel to ensure that er, I raise a point of order that the res- contentious debate surrounding the their amendments are properly drafted olution is not privileged under the larger bankruptcy issue. Right now, and should check with the Office of the rules of the House and ask to be heard family farmers in my congressional Parliamentarian to be certain their on the point of order. district and in other congressional dis- amendments comply with the rules of The SPEAKER pro tempore. The gen- tricts are making plans to borrow the House. tleman may present his point of order. money based on next year’s expected Mr. SENSENBRENNER. Mr. Speak- f harvest. As these farmers leverage er, over the years, both Republican and themselves, they need to have the as- PRIVILEGES OF THE HOUSE—MAK- Democratic Speakers have ruled that ING CHAPTER 12 FAMILY FARM- surance that chapter 12 family farmer questions of privilege may not be used bankruptcy protections are going to be ER BANKRUPTCY PROTECTIONS to criticize the legislative process, PERMANENT there for them on a permanent basis. such as charges of inactivity in regard Sporadic and temporary extensions do Mr. HOLDEN. Mr. Speaker, I rise to a to a subject reported from committee. not do the job. Immediate consider- question of the privileges of the House, This precedent dates back to at least ation of H.R. 5348, the Family Farmers and offer a privileged resolution that I 1974 and has been renewed by Speakers and Family Fishermen Protection Act noticed pursuant to rule IX, and ask of the House ever since. of 2002, will give family farmers the for its immediate consideration. The question of privilege that the permanent chapter 12 bankruptcy pro- The SPEAKER pro tempore (Mr. gentleman from Pennsylvania (Mr. tection they have been patiently wait- THORNBERRY). The Clerk will report the HOLDEN) raises relates to scheduling of ing for for 5 years. resolution. legislation. Just yesterday, the House Mr. Speaker, let me finish by saying The Clerk read as follows: passed a bill on the subject of family I represent over 600,000 constituents, A resolution in accordance with House farmer bankruptcy protection, which many of whom are family farmers. My Rule IX, expressing a sense of the House that the gentleman from Pennsylvania sup- rights and those of my constituents are its integrity has been impugned and its Con- ported; and I thank him for that sup- being denied when urgent legislation stitutional duty hampered by the inability of port. But this resolution is definitely the House to bring to the floor, a clean bill that has the majority support is permanently extending Chapter 12 of title 11 not a question of privilege. The issue blocked from consideration simply be- of the U.S. Code which provides bankruptcy has been raised with the first alleged cause the leadership of this House will protections to family farmers. resolution of privilege that came up. not schedule a vote for this bill. As a Whereas, Chapter 12 of the Federal bank- The question is identical to that on result, I believe this resolution meets ruptcy code was enacted in 1986 as a tem- which the Speaker has already ruled the test of privilege. porary measure to allow family farmers to and on which the House has tabled an The SPEAKER pro tempore. The repay their debts according to a plan under appeal. Chair is prepared to rule. court supervision, preventing a situation I would urge the Speaker to sustain As the Chair ruled earlier today, a from occurring where a few bad crop years lead to the loss of the family farm; and the point of order. resolution expressing the sentiment Whereas, in the absence of Chapter 12, The SPEAKER pro tempore. The that Congress should act on a specified farmers are forced to file for bankruptcy re- Chair will hear from the gentleman measure does not constitute a question lief under the Bankruptcy Code’s other alter- from Pennsylvania on the point of of privileges of the House under rule natives, none of which work quite as well for order as to whether the resolution con- IX. farmers as Chapter 12; and stitutes a question of privileges of the The mere invocation of legislative Whereas, since its creation, the Chapter 12 House under rule IX. powers provided in the Constitution family farmer bankruptcy protection has Mr. HOLDEN. Mr. Speaker, rule IX of coupled with a desired policy end does been renewed regularly by Congress and has never been controversial; and the House Rules Manual states that not meet the requirements of rule IX Whereas in 1997, the National Bankruptcy questions of privilege are ‘‘those affect- and is really a matter properly initi- Review Commission recommended that ing the rights, reputation, and conduct ated through introduction in the hop- Chapter 12 be made permanent; and of Members, Delegates, or the Resident per under clause 7 of rule XII.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.088 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6959 Accordingly, the resolution offered Linder Putnam Stearns Udall (NM) Watson (CA) Wexler by the gentleman from Pennsylvania LoBiondo Quinn Sullivan Velazquez Watt (NC) Woolsey Lucas (OK) Radanovich Sununu Visclosky Waxman Wu does not constitute a question of the Manzullo Ramstad Sweeney Waters Weiner Wynn privileges of the House under rule IX McCrery Regula Tancredo NOT VOTING—15 and the point of order raised by the McHugh Rehberg Tauzin gentleman from Wisconsin is sustained. McInnis Reynolds Taylor (NC) Abercrombie Hilleary Pitts McKeon Riley Terry Baker Hunter Roukema Mica Rogers (KY) Thomas Deal Lampson Sabo Miller, Dan Rogers (MI) b 1615 Thornberry Ehrlich Mascara Stump Miller, Gary Rohrabacher Hastings (FL) McKinney Tanner Thune The Chair would further add that the Miller, Jeff Ros-Lehtinen Tiahrt b 1635 Chair understands the gentleman from Moran (KS) Royce Morella Ryan (WI) Tiberi Messrs. DEFAZIO, HALL of Texas, Pennsylvania (Mr. HOLDEN) purported Myrick Ryun (KS) Toomey to invoke a question of privileges of Nethercutt Saxton Upton and GEORGE MILLER of California the House as opposed to a point of per- Ney Schaffer Vitter changed their vote from ‘‘yea’’ to Northup Schrock Walden ‘‘nay.’’ sonal privilege. Norwood Sensenbrenner Walsh Mr. HOLDEN. Mr. Speaker, I am ap- Nussle Sessions Wamp So the motion to table was agreed to. pealing the ruling of the Chair and ask Osborne Shadegg Watkins (OK) The result of the vote was announced to be heard on the appeal. Ose Shaw Watts (OK) as above recorded. Otter Shays Weldon (FL) A motion to reconsider was laid on The SPEAKER pro tempore. The Oxley Sherwood Weldon (PA) the table. question is, Shall the decision of the Paul Shimkus Weller Chair stand as the judgment of the Pence Shuster Whitfield f Peterson (PA) Simmons Wicker House? Petri Simpson Wilson (NM) PRIVILEGES OF THE HOUSE— The question was taken; and the Pickering Skeen Wilson (SC) SENSE OF HOUSE THAT CON- Platts Smith (MI) Speaker pro tempore announced that Wolf GRESS SHOULD COMPLETE AC- the ayes appeared to have it. Pombo Smith (NJ) Portman Smith (TX) Young (AK) TION ON FISCAL YEAR 2003 MOTION TO TABLE OFFERED BY MR. Pryce (OH) Souder Young (FL) LABOR, HEALTH AND HUMAN SENSENBRENNER SERVICES, AND EDUCATION AND Mr. SENSENBRENNER. Mr. Speak- NAYS—202 RELATED AGENCIES APPROPRIA- er, I move to lay the appeal on the Ackerman Frost Menendez TIONS, AND SHOULD ADE- table. Allen Gephardt Millender- Andrews Gonzalez McDonald QUATELY FUND THE ‘‘LEAVE NO The question was taken; and the Baca Gordon Miller, George CHILD BEHIND ACT’’ Speaker pro tempore announced that Baird Green (TX) Mollohan Baldacci Gutierrez Moore Mr. OBEY. Mr. Speaker, I rise to a the ayes appeared to have it. question of the privileges of the House, Mr. HOLDEN. Mr. Speaker, I object Baldwin Hall (TX) Moran (VA) Barcia Harman Murtha and I offer a privileged resolution, that to the vote on the ground that a Barrett Hill Nadler I noticed on Monday, and ask for its Becerra Hilliard Napolitano quorum is not present and make the immediate consideration. point of order that a quorum is not Bentsen Hinchey Neal Berkley Hinojosa Oberstar The SPEAKER pro tempore (Mr. present. Berman Hoeffel Obey THORNBERRY). The Clerk will report the The SPEAKER pro tempore. Evi- Berry Holden Olver Bishop Holt Ortiz resolution. dently a quorum is not present. The Clerk read as follows: The Sergeant at Arms will notify ab- Blagojevich Honda Owens Blumenauer Hooley Pallone Whereas, Article I, Section IX, of the Con- sent Members. Bonior Hoyer Pascrell stitution states that no money shall be The vote was taken by electronic de- Borski Inslee Pastor drawn from the Treasury, but in consequence vice, and there were—yeas 214, nays Boswell Israel Payne Boucher Jackson (IL) Pelosi of Appropriations made by law. 202, not voting 15, as follows: Boyd Jackson-Lee Peterson (MN) Whereas it is the fiscal duty of the Con- [Roll No. 435] Brady (PA) (TX) Phelps gress to appropriate annually, by October 1st Brown (FL) Jefferson Pomeroy YEAS—214 of each year, the funds needed to support the Brown (OH) John Price (NC) execution of programs and operations of the Aderholt Crenshaw Grucci Capps Johnson, E. B. Rahall Federal government. Akin Cubin Gutknecht Capuano Jones (OH) Rangel Whereas the House to date has only consid- Armey Culberson Hansen Cardin Kanjorski Reyes Bachus Cunningham Hart Carson (IN) Kaptur Rivers ered five Appropriations bills, and has failed Ballenger Davis, Jo Ann Hastings (WA) Carson (OK) Kennedy (RI) Rodriguez to consider the Fiscal Year 2003 Departments Barr Davis, Tom Hayes Clay Kildee Roemer of Labor, Health and Human Services, and Bartlett DeLay Hayworth Clayton Kilpatrick Ross Education, and Related Agencies Appropria- Barton DeMint Hefley Clement Kind (WI) Rothman tions Act which would provide funding for Bass Diaz-Balart Herger Clyburn Kleczka Roybal-Allard critical areas of national policy including Bereuter Doolittle Hobson Condit Kucinich Rush pre-school, elementary and secondary edu- Biggert Dreier Hoekstra Conyers LaFalce Sanchez Bilirakis Duncan Horn Costello Langevin Sanders cation, special education, higher education Blunt Dunn Hostettler Coyne Lantos Sandlin and student loans. Boehlert Ehlers Houghton Cramer Larsen (WA) Sawyer Whereas as President, George W. Bush sup- Boehner Emerson Hulshof Crowley Larson (CT) Schakowsky ported and signed into law Public Law 107– Bonilla English Hyde Cummings Lee Schiff 110, the ‘‘Leave No Child Behind Act,’’ which Bono Everett Isakson Davis (CA) Levin Scott imposes substantial accountability and per- Boozman Ferguson Issa Davis (FL) Lewis (GA) Serrano formance mandates on elementary and sec- Brady (TX) Flake Istook Davis (IL) Lipinski Sherman Brown (SC) Fletcher Jenkins DeFazio Lofgren Shows ondary schools in every state and congres- Bryant Foley Johnson (CT) DeGette Lowey Skelton sional district in the United states. Burr Forbes Johnson (IL) Delahunt Lucas (KY) Slaughter Whereas the ‘‘Leave No Child Behind Act’’ Burton Fossella Johnson, Sam DeLauro Luther Smith (WA) included the authorization of significant ad- Buyer Frelinghuysen Jones (NC) Deutsch Lynch Snyder ditional resources to assist the states and Callahan Gallegly Keller Dicks Maloney (CT) Solis local education agencies to provide the man- Calvert Ganske Kelly Dingell Maloney (NY) Spratt dated improved educational services to Camp Gekas Kennedy (MN) Doggett Markey Stark Cannon Gibbons Kerns Dooley Matheson Stenholm America’s schoolchildren. Cantor Gilchrest King (NY) Doyle Matsui Strickland Whereas within weeks of signing the Capito Gillmor Kingston Edwards McCarthy (MO) Stupak ‘‘Leave No Child Behind’’ Act, the President Castle Gilman Kirk Engel McCarthy (NY) Tauscher submitted the FY 2003 budget provides an in- Chabot Goode Knollenberg Eshoo McCollum Taylor (MS) crease in education funding of 0.5 percent Chambliss Goodlatte Kolbe Etheridge McDermott Thompson (CA) (one half of one percent) compared with an Coble Goss LaHood Evans McGovern Thompson (MS) average increase of 12 percent in the six Collins Graham Latham Farr McIntyre Thurman Combest Granger LaTourette Fattah McNulty Tierney years prior to enactment of the new law. Cooksey Graves Leach Filner Meehan Towns Whereas President Bush’s FY 2003 edu- Cox Green (WI) Lewis (CA) Ford Meek (FL) Turner cation budget request fails to provide the Crane Greenwood Lewis (KY) Frank Meeks (NY) Udall (CO) promised level of funding to states and local

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.089 H02PT1 H6960 CONGRESSIONAL RECORD — HOUSE October 2, 2002 education agencies which are required to im- increases of about 14 percent a year for LAHOOD) to lay on the table the appeal plement significant educational reforms. education. At the same time, that con- of the ruling of the Chair. Whereas President Bush’s FY 2003 budget tinuing resolution freezes many other The question was taken; and the would provide only 18 percent of the increase programs and would fund the National Speaker pro tempore announced that in compensatory education funding promise by the ‘‘Leave No Child Behind’’ Act. Institutes of Health at a level $3.8 bil- the ayes appeared to have it. Whereas about one third of the 53.6 million lion below the amount that both par- Mr. OBEY. Mr. Speaker, I object to children now in elementary and secondary ties have announced that they want to the vote on the ground that a quorum schools in America are at serious risk of edu- see it funded at. In my view, the incon- is not present and make the point of cational failure without the resources prom- sistency is glaring and again brings order that a quorum is not present. ised in the ‘‘Leave No Child Behind’’ Act. ridicule on the House. The SPEAKER pro tempore. Evi- Whereas the funding level for improving The House is discredited, Mr. Speak- dently a quorum is not present. teach quality in President Bush’s budget would not even keep pace with the current er, not only because of the spectacular The Sergeant at Arms will notify ab- level of funding, let alone help promote the failure of the House leadership to get sent Members. expanded teacher quality programs con- the education funding bill or any of the The vote was taken by electronic de- tained in the ‘‘Leave No Child Behind’’ Act. 13 appropriation bills adopted by the vice, and there were—yeas 212, nays Whereas the President’s education budget start of the fiscal year which began 202, not voting 17, as follows: also fails to provide the level of federal as- yesterday, but also because the House [Roll No. 436] sistance for the Individuals with Disability has abdicated its constitutional re- YEAS—212 Education Act that was promised to states sponsibilities and, in that sense, is more than 27 years ago. Akin Graham Peterson (PA) Whereas by failing to appropriate the funds avoiding the very accountability which Armey Granger Petri it has promised to pay for the new account- we say we want to provide. Bachus Graves Platts ability requirements for students, teachers Rule IX of the House rules outlines Ballenger Green (WI) Pombo Barr Greenwood Portman and schools, the Congress would bring dis- questions of privilege relating to con- Bartlett Grucci Pryce (OH) credit on itself and undermine the ability of stitutional prerogatives. Under our Barton Gutknecht Putnam our schools to provide the improved edu- Constitution, the Congress has the Bass Hansen Quinn cation services for which the House has over- power to appropriate. We determine Bereuter Hart Radanovich whelmingly voted. Now therefore be it, Biggert Hastings (WA) Ramstad Resolved that it is the sense of the House the Nation’s spending priorities and, by Bilirakis Hayes Regula of Representatives that the Congress should law, must pass all 13 appropriation Blunt Hayworth Rehberg bills by October 1, yesterday, the be- Boehlert Hefley Reynolds complete action on the Fiscal Year 2003 Boehner Herger Labor, Health and Human Services, and Edu- ginning of the new year. Mr. Speaker, Riley Bonilla Hobson Rogers (KY) cation, and Related Agencies Appropriations in my view, the House leadership has Bono Hoekstra Rogers (MI) before recessing and should fund the ‘‘Leave abrogated its constitutional respon- Boozman Horn Rohrabacher No Child Behind’’ Act at levels commensu- sibilities in regard to appropriations, Brady (TX) Hostettler Ros-Lehtinen Brown (SC) Houghton rate with levels promised by the act less and I would argue that their continued Royce than a year ago. Bryant Hulshof Ryan (WI) inaction on these urgent priorities, pri- Burr Hunter Ryun (KS) The SPEAKER pro tempore. The orities as crucial as additional funding Burton Hyde Saxton Chair will hear from the gentleman Buyer Isakson Schaffer for education, meets the test for privi- Callahan Issa BEY Schrock from Wisconsin (Mr. O ) on whether leged resolutions, and I would ask for Calvert Istook the resolution constitutes a question of Sensenbrenner such a ruling. Camp Jenkins Sessions privileges of the House under rule IX. Cannon Johnson (CT) Shadegg Mr. OBEY. Mr. Speaker, rule IX of b 1645 Cantor Johnson (IL) Shaw Capito Johnson, Sam Shays the House rules states clearly that The SPEAKER pro tempore (Mr. Castle Jones (NC) Sherwood ‘‘questions of privilege shall be first THORNBERRY). The Chair is prepared to Chabot Keller Shimkus Chambliss Kelly those affecting the rights of the House rule on the question of whether the res- Shuster Coble Kennedy (MN) collectively, its safety, dignity, and the Simmons olution offered by the gentleman from Collins Kerns Simpson integrity of its proceedings.’’ Wisconsin (Mr. OBEY) constitutes a Combest King (NY) Skeen Cooksey Kingston The refusal of the majority party question of the privileges of the House Smith (MI) Cox Kirk leadership to allow the House to take under rule IX. Smith (NJ) Crane Knollenberg Smith (TX) up the Labor-Health appropriations bill As the Chair has ruled previously Crenshaw Kolbe Souder and, thereby, to block increased edu- today, a resolution expressing the sen- Cubin LaHood Stearns Culberson Latham cation funding that is critical to the timent that Congress should act on a Sullivan Nation’s schools, and to hold hostage specified measure does not constitute a Cunningham LaTourette Davis, Jo Ann Leach Sununu the remaining appropriation bills that question of privileges of the House Davis, Tom Lewis (CA) Sweeney the House has yet to consider obvi- under rule IX. DeLay Lewis (KY) Tancredo Tauzin ously brings ridicule upon the House. The mere invocation of legislative DeMint Linder Diaz-Balart LoBiondo Taylor (NC) The integrity and the dignity of the powers provided in the Constitution Doolittle Lucas (OK) Terry House are at stake. It is a clear reflec- coupled with the desired policy end Dreier Manzullo Thomas tion on the dignity of the House and on does not meet the requirements of rule Duncan McCrery Thornberry Thune the integrity of its proceedings when IX, and is really a matter properly ini- Dunn McHugh Ehlers McInnis Tiahrt the House has not completed its appro- tiated through introduction in the hop- Emerson McKeon Tiberi priations bills and then uses its rules per under clause 7 of rule XII. English Mica Toomey to avoid responsibilities rather than to Accordingly, the resolution offered Everett Miller, Dan Upton Ferguson Miller, Gary Vitter meet them. by the gentleman from Wisconsin (Mr. Flake Miller, Jeff Walden It also subjects the House to ridicule OBEY) does not constitute a question of Fletcher Moran (KS) Walsh when the House spends a great amount privileges of the House under rule IX Foley Morella Wamp of time passing resolutions lecturing and may not be considered at this Forbes Myrick Watkins (OK) Fossella Nethercutt Watts (OK) the Senate to take actions on author- time. Frelinghuysen Ney Weldon (FL) ization bills which are far less crucial Mr. OBEY. Mr. Speaker, I regretfully Gallegly Northup Weldon (PA) to the operations of the government appeal the ruling of the Chair. Ganske Norwood Weller Gekas Nussle Whitfield than the House’s failure to act on its The SPEAKER pro tempore. The Gibbons Osborne Wicker core responsibility, which is to pass ap- question is, Shall the decision of the Gilchrest Ose Wilson (NM) propriation bills, including and espe- Chair stand as the judgment of the Gillmor Otter Wilson (SC) cially the Labor, Health and Education House? Goode Oxley Wolf Goodlatte Paul Young (AK) appropriation bill. Mr. LAHOOD. Mr. Speaker, I move to Goss Pence Young (FL) Funding education at a continuing- lay the appeal on the table. resolution level brings to a screeching The SPEAKER pro tempore. The NAYS—202 halt the progress that we have made in question is on the motion offered by Abercrombie Allen Baca Ackerman Andrews Baird the past 5 years in providing average the gentleman from Illinois (Mr.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.036 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6961 Baldacci Hill Oberstar The form of the resolution is as fol- time on the question of whether this Baldwin Hilliard Obey Barcia Hinchey Olver lows: resolution constitutes a question of Barrett Hinojosa Ortiz A resolution, in accordance with House privilege. Becerra Hoeffel Owens Rule IX, expressing a sense of the House that f Bentsen Holden Pallone its integrity has been impugned and Con- Berkley Holt Pascrell stitutional duty hampered by the inability of NOTIFICATION OF INTENTION TO Berman Honda Pastor the House to bring to the floor H.R. 854, leg- OFFER RESOLUTION RAISING Berry Hooley Payne Bishop Hoyer Pelosi islation that would promote the general wel- QUESTION OF PRIVILEGES OF Blagojevich Inslee Peterson (MN) fare of the nation by protecting its health THE HOUSE Blumenauer Israel Phelps care system. Bonior Jackson (IL) Pomeroy Whereas President George W. Bush has Ms. CARSON of Indiana. Mr. Speak- Borski Jackson-Lee Price (NC) urged Congress to put Medicare on a ‘‘sus- er, pursuant to House rule IX, clause 1, Boswell (TX) Rahall tainable financial footing’’ in order to assure I rise to give notice of my intent to Boucher Jefferson Rangel Americans of affordable and accessible Boyd John Reyes present a question of privilege of the Brady (PA) Johnson, E. B. Rivers health care. House. Brown (FL) Jones (OH) Rodriguez Whereas the Administration has failed to The form of the resolution is as fol- Brown (OH) Kanjorski Roemer take action to protect Medicare and Med- lows: Capps Kaptur Ross icaid programs from severe cuts that threat- Capuano Kennedy (RI) Rothman en basic services to persons in need of health TRANSPORTATION (AMTRAK) PRIVILEGED Cardin Kildee Roybal-Allard care. RESOLUTION Carson (IN) Kilpatrick Rush Whereas the Medicaid program is facing A resolution, in accordance with House Carson (OK) Kind (WI) Sabo Clay Kleczka Sanchez significant cuts through reductions in the Rule IX, expressing a sense of the House that Clayton Kucinich Sanders disproportionate share hospital program, its integrity has been impugned and Con- Clement LaFalce Sandlin threatening the very financial viability of stitutional duty hampered by the inability of Clyburn Langevin Sawyer the nation’s public hospitals. the House to bring to the floor the Fiscal Condit Lantos Schakowsky Whereas the cuts made in order by the Bal- Year 2003 Transportation Appropriations Costello Larsen (WA) Schiff anced Budget Act were postponed until 2003 Act, due to the severe under funding of the Coyne Larson (CT) Scott by the Benefits Improvement and Protection National Passenger Rail Corporation (Am- Cramer Lee Serrano Crowley Levin Sherman Act but without further congressional action trak) within the President’s Fiscal Year (FY) Cummings Lewis (GA) Shows cuts will be reimposed and have the poten- 2003 Budget. Davis (CA) Lipinski Skelton tial to seriously cripple safety-net public Whereas under Article I, Section IX, of the Davis (FL) Lofgren Slaughter health services in states across the nation. Constitution states no money shall be drawn Davis (IL) Lowey Smith (WA) Whereas, in addition to slashing payments from the Treasury, but in Consequence of DeFazio Lucas (KY) Snyder to hospitals the Administration has also Appropriations made by law. DeGette Luther Solis eliminated the UPL payments for hospitals, Whereas it is the fiscal duty of the Con- Delahunt Lynch Spratt further weakening their ability to provide DeLauro Maloney (CT) Stark gress to appropriate annually the funds need- Deutsch Maloney (NY) Stenholm health care to the indigent and uninsured. ed to support the execution of the programs Dicks Markey Strickland Whereas federal payments to states for and operations of the Federal Government. Dingell Matheson Stupak this program have been reduced by approxi- Whereas to date the House has only consid- Doggett Matsui Tauscher mately $700 million in FY 2002 and will be re- ered five Appropriations bills. Dooley McCarthy (MO) Taylor (MS) duced further by about $900 million in FY Whereas President George W. Bush has ig- Doyle McCarthy (NY) Thompson (CA) 2003, thus severely restricting public hos- nored the requests of Amtrak for an Appro- Edwards McCollum Thompson (MS) pitals’ ability to serve persons in need of Engel McDermott Thurman priation of $1.2 billion, and has instead pro- Eshoo McGovern Tierney health care. posed only $521 million in funding. Etheridge McIntyre Towns Whereas the number of uninsured persons Whereas the House Appropriations Com- Evans McNulty Turner without access to health care has risen in mittee gutted funding for Amtrak with every Farr Meehan Udall (CO) the last year to 41.2 million. Republican member on the Committee vot- Fattah Meek (FL) Udall (NM) Whereas by failing to act Congress imposes ing to cut funding, despite the dire impact Filner Meeks (NY) Velazquez on the states and localities an undue burden this will have on their own districts. Ford Menendez Visclosky to carry health care costs as well as abro- Frank Millender- Waters Whereas instead of strong support and con- Frost McDonald Watson (CA) gates its responsibility to maintain the gen- sistent growth in support for the nation’s Gephardt Miller, George Watt (NC) eral welfare of the country, bringing dis- passenger rail system the President’s FY Gonzalez Mollohan Waxman credit to this Body and threatening the very 2003 Budget seeks to strangle Amtrak so that Gordon Moore Weiner well-being of the populace. the Administration can begin to implement Green (TX) Moran (VA) Wexler Now, Therefore, Be It Resolved that it is plans to privatize the system. Gutierrez Nadler Woolsey the sense of the House of Representatives Whereas Amtrak provided a critical trans- Hall (TX) Napolitano Wu that the Congress should complete action on Harman Neal Wynn portation need in the months after the ter- H.R. 854 or other provider reimbursement rorist attacks of September 11th, and has NOT VOTING—17 legislation before recessing and should in- seen consistent growth in ridership despite Aderholt Hastings (FL) Pickering sure that Medicare and Medicaid providers continued levels of inadequate funding. Baker Hilleary Pitts have appropriate funds to carry out their Whereas Amtrak serves more than 500 sta- Conyers Lampson Roukema health care mandates. tions in 46 states and employs over 24,000 Deal Mascara Stump The SPEAKER pro tempore (Mr. people, and Amtrak passengers on Northeast Ehrlich McKinney Tanner corridor trains would fill 250 planes daily or Gilman Murtha THORNBERRY). Under rule IX, a resolu- tion offered from the floor by a Mem- over 91,000 flights each year. b 1707 Resolved that it is the sense of the House ber other than the majority leader or of Representatives that the Congress should Mr. GORDON changed his vote from minority leader as a question of the complete action on the Fiscal Year (FY) 2003 ‘‘yea’’ to ‘‘nay.’’ privileges of the House has immediate Transportation Appropriations, with an allo- So the motion to table was agreed to. precedence only at a time designated cation of $1.2 billion for Amtrak. The result of the vote was announced by the Chair within 2 legislative days as above recorded. after the resolution is appropriately b 1715 A motion to reconsider was laid on noticed. The SPEAKER pro tempore (Mr. the table. Pending that designation, the form of THORNBERRY). Under rule IX, a resolu- f the resolution noticed by the gen- tion offered from the floor by a Mem- tleman from California (Mr. FARR) will ber other than the majority leader or NOTIFICATION OF INTENTION TO appear in the RECORD at this point. minority leader as a question of the OFFER RESOLUTION RAISING The Chair will not at this point de- privileges of the House has immediate QUESTION OF PRIVILEGES OF termine whether the resolution con- precedence only at a time designated THE HOUSE stitutes a question of privilege. That by the Chair within 2 legislative days Mr. FARR of California. Mr. Speaker, determination will be made at a time after the resolution is properly noticed. pursuant to clause 2(a)(1) of House rule designated for consideration of the res- Pending that designation, the form of IX, I rise to give notice of my intent to olution. the resolution noticed by the gentle- present a question of privilege to the Mr. FARR of California. Mr. Speaker, woman from Indiana will appear in the House. I ask to be heard at the appropriate RECORD at this point.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.034 H02PT1 H6962 CONGRESSIONAL RECORD — HOUSE October 2, 2002 The Chair will not at this point de- I would yield to my friend from Min- more than 60 countries. They have 37 termine whether the resolution con- nesota. international companies within the op- stitutes a question of privilege. That Mr. KENNEDY of Minnesota. Mr. eration. They have 32 laboratories, and determination will be made at the time Speaker, I appreciate the gentleman I think last year they were awarded 501 designated for consideration of the res- yielding to me. patents. It is an amazing story of inno- olution. We have some great baseball going on vation, and let me just share one Ms. CARSON of Indiana. Mr. Speak- in Minnesota. I attract the attention of quote, and then I want to yield back to er, I ask to be heard at the appropriate this House that it has only been about my colleague. time on the question of whether this a year since Major League Baseball One of their first presidents was a resolution constitutes a question of Commissioner Bud Selig announced gentleman by the name of William privilege. their decision to contract baseball, McKnight, and he is the one who ig- The SPEAKER pro tempore. The gen- which would have been painless for the nited the whole notion of innovation tlewoman will be notified of the time owners, but would have been very pain- and research, but he said, ‘‘This higher so designated. ful for Minnesota, and here we have in good, people, leave them alone. If you that year since a team that has come f put fences around people, you get forth. Not only is this a team that was sheep. Give people the room that they SPECIAL ORDERS on the verge of extinction, but this is a need.’’ And he did and built an amazing The SPEAKER pro tempore (Mr. team that has a lot of young, fresh- company and also created an amazing TIBERI). Under the Speaker’s an- faced players and a cumulative salary foundation which serves the people of nounced policy of January 3, 2001, and that is amongst the lowest in the the Upper Midwest and the world even under a previous order of the House, league. today. the following Members will be recog- We have got a great team that is out I yield back to my colleague from nized for 5 minutes each. there scrapping, making all Minneso- Minnesota. tans proud. I know my two sons, Mr. KENNEDY of Minnesota. Mr. f daughters and our family have always Speaker, I thank my colleague for the The SPEAKER pro tempore. Under a enjoyed the great baseball tradition. I time, and 3M is certainly one of the previous order of the House, the gentle- have got my Minnesota Twins hat here. jewels of Minnesota, a wonderful com- woman from Florida (Ms. ROS- I do not know if I am allowed to sing pany that, as my colleague described, LEHTINEN) is recognized for 5 minutes. We Are Going to Win, Twins Are Here, very capably innovates beyond the (Ms. ROS-LEHTINEN addressed the but we in Minnesota are very proud of scale of just about any other company House. Her remarks will appear here- what the Twins have been doing, and in the world, and they bring out new after in the Extensions of Remarks.) we just want to congratulate them on products all the time that are solving f their success and tell them that we are problems that people face. The SPEAKER pro tempore. Under a confident that they are going to have a I had an opportunity just on the en- previous order of the House, the gen- great way all the way to the World Se- ergy issues to sit and listen to some of tleman from Texas (Mr. GREEN) is rec- ries and beyond. their ideas for how we can be more en- ognized for 5 minutes. Mr. GUTKNECHT. Mr. Speaker, re- ergy-efficient, whether it be transmit- (Mr. GREEN of Texas addressed the claiming my time, it is a Cinderella ting energy across electric lines, House. His remarks will appear here- story, and 1 year ago it looked as if whether it be making the weight of our after in the Extensions of Remarks.) that team would not even exist this cars lighter so they can have the same f year, and now here they are in the strength but still use less gas. The The SPEAKER pro tempore. Under a playoffs. And yesterday was another number of ideas and innovation that previous order of the House, the gen- great story; fell behind early, came comes out of 3M has been awesome, and tleman from Texas (Mr. PAUL) is recog- back to win in Oakland. we are proud to have them in our nized for 5 minutes. Today my staff is gathered around. State. (Mr. PAUL addressed the House. His They rigged up a way that we can actu- I am very proud that in my district I remarks will appear hereafter in the ally listen to the game in the office, have three plants in Hutchinson and Extensions of Remarks.) and we have a feeling they are going to New Ulm and Fairmont. I had the op- come back today. portunity to visit them. They have got f We are also proud and we are here great, wonderful workers, and they The SPEAKER pro tempore. Under a today to talk about something that we have got wonderful workers through- previous order of the House, the gen- in Minnesota are proud of, and that is out the company. They treat their tleman from California (Mr. FILNER) is a Minnesota company called Minnesota workers very well, and we are certainly recognized for 5 minutes. Mining and Manufacturing, 3M better proud of that. (Mr. FILNER addressed the House. known, because they are celebrating As part of this 100-year celebration, His remarks will appear hereafter in 100 years of innovation, and it really is they are going to be here tomorrow in the Extensions of Remarks.) one of the most innovative companies. the Cannon Caucus Room, number 345, f Several years ago we had one of their from 8:30 to 10:00, and I am proud, to be researchers come down to Rochester, an American enterprise showcase of CELEBRATING THE MINNESOTA Minnesota. He gave a speech, and he TWINS AND 3M their technologies, and we encourage said something pretty profound. He all of our Members to come and see the The SPEAKER pro tempore. Under a said that he is talking about basic re- great things that 3M does. previous order of the House, the gen- search, and he said if we knew what we Mr. GUTKNECHT. Mr. Speaker, that tleman from Minnesota (Mr. GUT- were doing, it would not be research. is tomorrow in 345 Cannon House Office KNECHT) is recognized for 5 minutes. And there is no other company that I Building from 8:30 to 12:30. Snacks will Mr. GUTKNECHT. Mr. Speaker, know of that has done so much in be served. It will be a great time. today we would like to talk about a terms of developing new products, be- f couple of issues that are very impor- cause many people think of 3M, and tant to those of us from Minnesota. they think of Scotch tape or they THE NATION’S ECONOMY One is, of course, what is happening think of Post-It notes, but truthfully, The SPEAKER pro tempore. Under a out in Oakland right now and a tre- it started 100 years ago making sand- previous order of the House, the gentle- mendous story, and I would like to paper, and now they are a $1 billion woman from the District of Columbia yield to my friend also from the State pharmaceutical company. (Ms. NORTON) is recognized for 5 min- of Minnesota (Mr. KENNEDY) to talk a They are involved in all kinds of utes. little bit about what is happening in things from health care to industrial Ms. NORTON. Mr. Speaker, the Oakland and what happened this year products, consumer and office prod- House has taken little note of what is to a Minnesota team that was not sup- ucts, electrocommunication products happening to the economy. Millions of posed to be playing baseball this year. and specialty material. They operate in Americans, however, are clamoring for

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.100 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6963 our attention, and our increasing eco- take note of, and that is the urgent tleman from Illinois (Mr. SHIMKUS) is nomic distress, I am not surprised that loss of health care benefits to millions recognized for 5 minutes. the House takes little interest in the of Americans who had them this time Mr. SHIMKUS. Mr. Speaker, I am 44 unemployed. Poor people must live on last year, who had them this time 6 years old; and although that is a short another planet, not in the United months ago, who are afraid more of the time of life, it has been a time of enor- States. loss of health care benefits than they mous changes. Yet there have been few But there has been a recent wake-up are of the loss of employment. We things that have been consistent. One call that spreads deep into the middle ought to be very, very careful about thing that has been consistent that I class, and that is recently released fig- going home and leaving people without have observed in my life is a friend of ures on a 2-year decline in the number health insurance. mine who just passed away, Carl Schultze. He was Mr. Consistency, Mr. of uninsured after what had been some f steadiness. Recent figures show a de- Collinsville, Mr. Holy Cross, Mr. Public cline in health care coverage among COMMUNICATION FROM CHAIRMAN Servant, Mr. Community Leader. many working Americans. I think the OF COMMITTEE ON TRANSPOR- The record of public service, love of Washington Post says it best: There is TATION AND INFRASTRUCTURE God and family and community has new evidence that a weakened economy The SPEAKER pro tempore laid be- ended with the death of Carl Schultze. is having adverse ripple effects on ordi- fore the House the following commu- Carl Willoughby Schultze, 73, of Col- nary people. nication from the chairman of the linsville, Illinois, was born July 31, 1929 What we see is a drop in the propor- Committee on Transportation and In- in Collinsville. Carl started his work- tion of people who have health bene- frastructure; which was read and, with- ing career as a car salesman in 1947 for fits. That is usually working Ameri- out objection, referred to the Com- Norwin Chevrolet in downtown Collins- cans who have gotten them as a result mittee on Appropriations: ville, Illinois, and retired in 2001 from of their employment. At the same HOUSE OF REPRESENTATIVES, COM- Jack Schmitt Chevrolet in Collinsville, time, we are seeing a mediocre rise in MITTEE ON TRANSPORTATION AND Illinois. health insurance costs, up 12.7 percent INFRASTRUCTURE, Carl was an active member of Holy this year, and then, of course, there is Washington, DC., September 26, 2002. Cross Lutheran Church, the church I the completely unsustainable increase Hon. J. DENNIS HASTERT, attend. He was involved in the church Speaker of the House, Washington, DC in prescription drug prices at twice the choir. His booming thunderous voice, DEAR MR. SPEAKER: Enclosed are copies of always on key, served as the founda- rate of inflation. All of these health resolutions adopted on September 25, 2002 by tion of a successful church choir whose care indicators at the same time show the Committee on Transportation and Infra- sole goal was to glorify God. He was the kind of distress that urgently needs structure. Copies of the resolutions are being past congregation president, financial our attention. transmitted to the Department of the Army. Much of the drop in health insurance Sincerely, secretary, elder, member of the school costs comes from small businesses, 10 DON YOUNG, board and various other boards. He was a past member of the Collinsville Jay- percent of it in the last 2 years, but Chairman. cees, was a Collinsville Tepee Adult that is where the jobs are. That is There was no objection. Board president, and a member of the where people with health insurance f Collinsville Chamber of Commerce are, and if we want some indication REPORT ON RESOLUTION PRO- Board of Directors and Collinsville that we are now striking at the heart VIDING FOR CONSIDERATION OF Progress Board of Directors, having of our economy, we need only look at H. J. RES. 112, FURTHER CON- been president for 9 years. the fact that most of those who have TINUING APPROPRIATIONS, FIS- In May 2002, Collinsville Progress re- lost their health insurance are working CAL YEAR 2003 named the Improvement of the Month men. Award as the Carl Schultze Improve- Of course, the population that is Mr. SESSIONS, from the Committee on Rules, submitted a privileged report ment of the Month Award, presented most without health insurance in our by the Collinsville Progress. He was a country today are Latinos. A third of (Rept. No. 107–718) on the resolution (H. Res. 568) providing for consideration of past board member of CMT YWCA, that Latinos have no health insurance bene- is Collinsville, Marysville, Troy YMCA, fits. the joint resolution (H. J. Res. 112) making further continuing appropria- and a past member of the United Way What the statistics do not show, Mr. board, serving as chairman in 1990. Speaker, however, is where the great- tions for the fiscal year 2003, and for other purposes, which was referred to He was on the board of directors of est effect is, I believe, being held, and the Collinsville Building and Loan As- that is the shift in health care costs the House Calendar and ordered to be printed. sociation for 22 years, having been from the employer to the employee. made a board member emeritus, and When an employer cannot sustain the f was a board member of the Collinsville cost of health benefits anymore, and he b 1730 Chorale. He was a very active and in- shifts to his employee, then we have The SPEAKER pro tempore (Mr volved member of the Kiwanis, an orga- what in effect is a cost in pay and a TIBERI). Under a previous order of the nization that he got me to join, having lowering of the standard of living, and House, the gentleman from Oregon (Mr. served as president for two terms, past we know that is what has occurred be- DEFAZIO) is recognized for 5 minutes. lieutenant governor of Division 34 of cause 2 weeks ago the Census Bureau (Mr. DEFAZIO addressed the House. Kiwanis, and received the distinguished reported that the household incomes His remarks will appear hereafter in lieutenant governor pin, and was a past fell 2.2 percent. the Extensions of Remarks.) board member and received the We have not paid any attention in Kiwanian of the Year Award, Hixon f this House to the very rapid increase in Fellow Honor, and the Amador Fellow unemployment because it started so ORDER OF BUSINESS Honor. low, from 3.9 percent 2 years ago to 5.7 Mr. SHIMKUS. Mr. Speaker, I ask Carl received other awards: the CHS, percent today. We cannot let it con- unanimous consent to take the time al- Collinsville High School, Alumni tinue to rise that fast. Now we see real- located to the gentleman from Indiana Award in 2001, the Spirit of Excellence ly the fatal indicator, the health insur- (Mr. PENCE). Award in 2001, and the Irvin Dillard ance indicator. The SPEAKER pro tempore. Is there Award by the Collinsville Lion’s Club. This House is about to go home with objection to the request of the gen- Over the years, Carl enjoyed singing token health to seniors on prescription tleman from Illinois? for weddings and funerals, working drugs, which leaves most of them ex- There was no objection. outside in his garden, and was a dedi- actly where they were before that pit- f cated husband, father, and grandfather. tance of a bill passed. We have an He is survived by his loving wife and equally dangerous indicator left on the TRIBUTE TO CARL SCHULTZE high school sweetheart, Mary Lou, and table, left to fester, and that one is one The SPEAKER pro tempore. Under a three compassionate and loving daugh- we should have learned in the past to previous order of the House, the gen- ters, daughter Belinda Schultze, Laura

VerDate Sep 04 2002 04:58 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.107 H02PT1 H6964 CONGRESSIONAL RECORD — HOUSE October 2, 2002 Schultze, and Lisa Durham of Collins- Representatives in 1958 and distin- Committee on Foreign Relations ville. Lisa is my grade school and high guished himself as an advocate for edu- unanimously. The House version has 83 school classmate; and her husband, cation, airline safety, and the interest bipartisan cosponsors, and the legisla- Chris, and Carl’s pride and joy, his of Chicago. He served 7 terms. tion echoes longstanding U.S. policy in grandson, Jacob Schultze Durham. Roman Pucinski was then called support of Cyprus’ accession to the Eu- I have split wood with Carl, I have upon by his party to run for United ropean Union. trimmed trees, I built a swing set, sold States Senate against the very popular Mr. Speaker, the commemoration of oranges, and sold bagna calda, and I Charles Percy. Roman did not win that Cyprus’ Independence Day this year, as have worshipped with Carl. He has been election. However, he came back the in the past 28 years, is complicated sig- a father figure and a mentor. If I ac- next year and ran for the Chicago City nificantly by the fact that over a third complish one-half of the good deeds Council as alderman of the 41st Ward. of the island nation’s territory con- that Carl Schultze has done, I will He was elected and became an icon, tinues to be illegally occupied by the leave this life a happy man. serving for 18 years. Turkish military forces, in violations As the Bible says, ‘‘Well done, good Roman Pucinski was an outstanding of U.N. Security Council resolutions. In and faithful servant.’’ orator and a skilled debater who loved spite of this, Cyprus remains com- f to talk, and talk he did. I served with mitted to achieving a resolution of this The SPEAKER pro tempore. Under a Roman in the Chicago City Council, military problem through peaceful ne- previous order of the House, the gen- and though we were often pitted gotiations. against each other as a result of mem- On July 20 of 1974, Turkey invaded tleman from Ohio (Mr. BROWN) is rec- Cyprus and to this day continues to ognized for 5 minutes. bership in and alliances with different maintain 35,000 heavily armed troops in (Mr. BROWN of Ohio addressed the political forces, we became great the occupied territory. Nearly 200,000 House. His remarks will appear here- friends and worked well together. Greek Cypriots were forcibly evicted after in the Extensions of Remarks.) He leaves to cherish a great legacy of service and representation, and to from their homes, became refugees in f mourn his passing, many friends and a their own country, and fell victim to a The SPEAKER pro tempore. Under a devoted family, his daughter Aurelia, policy of ethnic cleansing. 1,493 Greek previous order of the House, the gen- who was elected and served as Clerk of Cypriots, including four Americans of tleman from California (Mr. DREIER) is the Circuit Court of Cook County, a Cypriot descent, have been missing recognized for 5 minutes. son, a brother, a sister, and three since 1974. (Mr. DREIER addressed the House. grandchildren. In 1983, in flagrant violation of inter- His remarks will appear hereafter in Roman Pucinski encouraged me to national law and the treaties estab- the Extensions of Remarks.) run for Congress and would often say lishing the Republic of Cyprus and f that he would come and speak for or guaranteeing its independence and ter- ritorial integrity, Ankara promoted a TRIBUTE TO THE HONORABLE against me, whichever would help the ‘‘unilateral declaration of independ- ROMAN PUCINSKI, FORMER MEM- most. Roman, you were right again. ence’’ in the area under its military oc- BER OF CONGRESS, FORMER CHI- Congress is indeed an interesting, ex- cupation. The U.S. Government and CAGO ALDERMAN citing, and challenging place where one can help to shape the world. I say, the U.N. Security Council condemned The SPEAKER pro tempore. Under a Thanks to you, and good-bye, my the declaration and attempted seces- previous order of the House, the gen- friend. sion. To date, no other country in the tleman from Illinois (Mr. DAVIS) is rec- f world, except Turkey, recognized the ognized for 5 minutes. so-called ‘‘Turkish Republic of North- Mr. DAVIS of Illinois. Mr. Speaker, I 42ND ANNIVERSARY OF THE INDE- ern Cyprus.’’ rise to pay tribute to the Honorable PENDENCE OF THE REPUBLIC OF In 1999, the Security Council re- Roman Pucinski, former Member of CYPRUS affirmed that ‘‘a Cyprus settlement Congress, former Chicago alderman, The SPEAKER pro tempore. Under a must be based on a State of Cyprus and a great American. previous order of the House, the gen- with a single sovereignty and inter- Mr. Speaker, on September 25, the tleman from New Jersey (Mr. PALLONE) national personality and a single citi- Angel of Death took away the golden is recognized for 5 minutes. zenship, with its independence and ter- voice of Roman Pucinski, formerly Mr. PALLONE. Mr. Speaker, I am ritorial integrity safeguarded and com- fondly known as ‘‘Pooch’’ to those who proud to come to the House floor today prising two politically equal commu- knew him. Roman Pucinski was a to mark the 42nd anniversary of the nities.’’ These parameters have been Chicagoan through and through. In a independence of the Republican of Cy- reiterated by the Security Council on city with strong ethnic ties and herit- prus. Despite the tragic events that several occasions. age, he was a renowned member and have taken place during the past 4 dec- In a landmark decision on May 10 of leader in the Polish American commu- ades, the Government of the Republic 2001, the European Court of Human nity. of Cyprus remains committed to the Rights found Turkey responsible for Pucinski was a household name in core principles enshrined in the Cyprus continuing violations of human rights. Chicago. The proud son of civic leader- constitution guaranteeing the basic The court decision emphasized that the ship, Roman went on to become a re- rights and freedoms of the people of Republic of Cyprus is the sole legiti- porter-journalist. And what a reporter Cyprus, Greek Cypriots and Turkish mate government of Cyprus, and point- he was for the Chicago Sun Times. The Cypriots alike. ed out Turkey is engaged in the poli- war interrupted his journalism career, Members of this Congress have cies and actions of the illegal occupa- and during World War II Roman was strongly supported the Republic of Cy- tion regime. the lead bombardier in the first B–29 prus. Resolutions have been introduced In the face of a short, but painful, ‘‘Superfortress’’ raid on Tokyo in 1944. in the House and Senate expressing the history of the Republic of Cyprus, This was just one of 49 missions in sense of Congress that security, rec- there has been remarkable economic which he flew as part of the Army Air onciliation, and prosperity for all Cyp- growth for those individuals living in Forces in the Pacific. riots can best be achieved within the the government-controlled areas. He returned home to Chicago and be- context of membership in the European Sadly, the people living in the occupied came the chief investigator for a select Union, which will provide significant area continue to be mired in poverty as committee of Congress, investigating rights and obligations for all Cypriots. a result of the policies pursued by the the Katyn Forest Massacre. This inves- The legislation has strong support in Turkish leadership and the occupying tigation of slain Poles eventually re- the House, having been unanimously power. These issues would be resolved sulted in his appointment as Illinois di- approved by the Subcommittee on Eu- if Turkey would withdraw their illegal vision president of the Polish American rope of the House Committee on Inter- occupation and allow the democratic Congress. Roman Pucinski was then national Relations. The Senate has government of the Republic of Cyprus elected to the United States House of also passed this legislation out of their to run its own affairs.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.110 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6965 And I hope, Mr. Speaker, that we see all firefighter fatalities, yet the fami- The SPEAKER pro tempore (Mr. that day soon when we see democracy lies of these fallen firefighters are rare- TIBERI). Under a previous order of the and unity for all of Cyprus. ly eligible for these benefits. House, the gentleman from Maryland For example, imagine that a house or f (Mr. HOYER) is recognized for 5 min- business catches on fire, a company of The SPEAKER pro tempore. Under a utes. firefighters tragically lose two of their (Mr. HOYER addressed the House. His previous order of the House, the gen- members fighting this fire. One loses remarks will appear hereafter in the tleman from Pennsylvania (Mr. PETER- their life as a result of a piece of debris Extensions of Remarks.) SON) is recognized for 5 minutes. hitting him within the building, and (Mr. PETERSON addressed the f the other dies of a heart attack in the House. His remarks will appear here- The SPEAKER pro tempore. Under a parking lot when they walk out of the after in the Extensions of Remarks.) previous order of the House, the gentle- building. woman from Florida (Ms. BROWN) is f Under current law, the family of the recognized for 5 minutes. firefighter who suffered a fatal blow to TRIBUTE TO AMERICA’S FALLEN (Ms. BROWN of Florida addressed the the head received the benefit, while the FIREFIGHTERS House. Her remarks will appear here- firefighter who walked out in the park- after in the Extensions of Remarks.) The SPEAKER pro tempore. Under a ing lot and had a heart attack, their f previous order of the House, the gen- family gets nothing. It is wrong that tleman from North Carolina (Mr. these families are denied this benefit NO CHILD LEFT BEHIND ETHERIDGE) is recognized for 5 minutes. when the loved one sacrifices their life The SPEAKER pro tempore. Under a Mr. ETHERIDGE. Mr. Speaker, as while serving our community. previous order of the House, the gen- National Firefighter Memorial Week- A constituent of mine, Mike Wil- tleman from California (Mr. BACA) is end approaches, I rise to pay tribute to liams of Bunnlevel, who works in the recognized for 5 minutes. our Nation’s fallen firefighters; and I Office of the State Fire Marshal, alert- Mr. BACA. Mr. Speaker, I rise today to sup- am pleased that a number of my col- ed me to this glitch in the law after port full funding for the ‘‘No Child Left Behind’’ leagues have joined me in legislation Ms. Deborah Brooks, the widow of Act (H.R. 1). The new little red schoolhouse on this and may come later in the Thomas Brooks, a firefighter from entrances to the Department of Education evening to speak in favor of this bipar- Lumberton, was denied benefits be- building are a perfect example that the Admin- tisan legislation that we have intro- cause of this technicality. Mr. Brooks, istration is ‘‘all show and no tell’’ when it duced on behalf of our fallen fire- a master firefighter, tragically died of comes to education. By building those little red fighters. a heart attack after running several schoolhouses, at a cost of $98,000, at least Last year, America tragically lost 442 calls on the evening shift. As part of 160 children have already been left behind by firefighters. Each gave their lives pro- his duties with the State Fire Mar- the Administration’s cuts in education funding. tecting our communities from fire and shal’s office, Mike helps families fill The Bush Administration thinks that the Amer- other emergencies. This weekend, on out public safety officer benefits, and ican people will see those schoolhouses and October 5 and 6, we will join together he had received many of these benefit believe that the Nation’s children are in good as a Nation to mourn their passing and rejection letters from cardiac cases hands under the Bush education system. honor their sacrifices. So it is fitting from the U.S. Department of Justice. The American people know better. Ameri- that we come to this floor today to The rejection letter in Thomas cans will notice when after school programs honor the memory of our fallen fire- Brooks’ case was one too many, and are no longer available for their children. fighters and say thank you to those Mike wrote to me and asked that we Americans will notice when their special needs brave folks who have served our com- investigate the situation. We found out children cannot get extra help from their own munity so well. that it would take legislation to do it. community schools. Mr. Speaker, firefighters truly em- As a result, the gentleman from Mary- Americans will notice when their teachers body the value and spirit that makes land (Mr. HOYER) and the gentleman become frustrated because they can’t get the America what it is today, a great Na- from Pennsylvania (Mr. WELDON), who training they need to provide the best quality tion. Firefighters are diverse, they rep- are cochairmen of the Firefighters instruction to their students. Americans will no- resent every race and creed and culture Caucus, and the gentleman from Michi- tice when these same teachers have to leave in America, yet they are bound by a gan (Mr. SMITH) along with many oth- their students because they can’t get the train- common commitment to service. Fire- ers, have introduced H.R. 5334, the ing required to meet the Administration’s new fighters are dedicated; and when we Hometown Heroes Survivors Benefits accountability standards. Americans will notice call them, they risk their lives for each Act. H.R. 5334 will correct this techni- when their kids can’t receive as much in stu- of us. They are the people our children cality in the law that has penalized so dent loans, and don’t have access to scholar- look up to. When we ask a child the many of our firefighting families. ships for low-income students. And, Ameri- timeless question, What do you want to This bipartisan legislation will pro- cans will notice when their kids who need help be when you grow up?, nowadays, more vide this benefit to the families of pub- with their English skills are falling behind be- often than not, those children will say, lic safety officers who have died after a cause their schools no longer provide training I want to be a firefighter. heart attack or a stroke while on duty, in English. Our firefighters are truly our home- or within 24 hours after participating Since 1997, the average increase in Federal town heroes. However, all too often in a training exercise or responding to education funding has been 12 percent a these heroes must give their lives in an emergency situation. year—until now. the line of duty. For the families of Mr. Speaker, H.R. 5334 is the kind of The Bush Administration proposes to in- these brave souls, Congress created the bipartisan legislation that we should crease Federal funding by only 0.5 percent, Public Safety Officers Benefit Act. be working on in this House. As of this but flaunts the ‘‘No Child Left Behind’’ Act as Since its inception 25 years ago, this afternoon we have 50 cosponsors, and its first big accomplishment. important benefit has provided sur- more cosponsors on the way. I urge If leaving millions of children out in the cold viving families with financial assist- Members to cosponsor H.R. 5334, and I when it comes to their education is an accom- ance during their desperate time of ask the House leadership to put this plishment, then dark times lay ahead. need. bill to a vote before this Congress ad- The Bush Administration has slashed about journs. Our firefighters put their lives 82 percent of the budget increase promised by 1745 b on the line where strength, heart and the ‘‘No Child Left Behind’’ Act for low-income However, a glitch in the law prevents desire are sometimes the only thing students. some families from receiving the as- that ensures that a piece of property or The President’s budget cuts the expected sistance that Congress had intended. If a house that is burning down can be increase for low-income students from $5.65 a firefighter or public safety officer has saved. Our hometown heroes deserve billion to only $1 billion extracted from other a heart attack or stroke, then they are our support. Let us let them know that important programs. more likely not to get the benefit. The we appreciate their bravery and her- Low-income students can expect to lose truth is it accounts for almost half of oism. over $664 million in badly needed funds.

VerDate Sep 04 2002 03:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\CR\FM\K02OC7.114 H02PT1 H6966 CONGRESSIONAL RECORD — HOUSE October 2, 2002 English language training programs will now to increase support for firefighters in Homeland Security legislation that face a freeze in funding even though 300,000 this country. After 9/11 of last year, I gives the FEMA Administrator and the students with limited English will enroll in think all of America recognized that Secretary of the new department au- school next year. we depend a great deal on our first re- thority to shift funds among programs. The Bush budget cuts English language sponders. The firefighters in New York There is a real concern now that this training funding by almost 10 percent per set an example for people all over the authority, while understandable for ad- child, but still requires testing of these stu- world that it takes cooperation if we ministrative flexibility, could elimi- dents to determine how to bring students up to are going to protect the liberty and nate the basic program that several of new standards. freedom that we have. us thought was very important that we We should be helping school districts like One concern I have is the contest implement in this country. those in my Congressional district, which are that has been developing between vol- In conclusion, let me say that fire- struggling to make good on their promise to unteers and full-time firefighters. I fighters around this country are there hire more bilingual teachers to help the grow- think we need to do everything we can when there is a community project. In ing number of Spanish-speaking children. so all of our first responders, fire- many places they hold baked good Instead, the Bush budget cuts funding for bi- fighters and medics work together to sales to make sure that they can buy lingual education and teacher training. accomplish the goals that we need to the equipment to protect us in those The Bush administration’s budget cuts spe- accomplish at the Federal level. local communities. We need local sup- cial education programs by so much that the In my home State of Michigan, the port for these firefighters, we need goals set by the Individuals with Disabilities Professional Firefighters Union has more State support for these fire- Act (IDEA) cannot be met for at least 12 more been pressuring their members not to fighters, and we need more Federal years. volunteer in their home communities support for these firefighters. Special Education is underfunded by $500 because they might displace potential Mr. Speaker, I would like to com- million. The ‘‘No Child Left Behind’’ Act re- union members. The events of Sep- mend the United States Fire Adminis- quires that IDEA be met in 7 years, not 12. tember 11 generated a renewed appre- tration that my science research sub- The funds for the Teacher Quality State ciation and respect for firefighters. committee oversees for their hard work Grant program, which is the primary Federal Two years ago, Members of the House and commitment in bringing the goals program for training teachers in core academic started a program of helping fire de- of this program to fruition. Adminis- subjects, have come to a halt. partments around the country with trator David Paulison and grants direc- 92,000 fewer teachers will be trained than equipment and with training. I think tor Bryan Cowan have gone above and the Program currently supports. The Bush Ad- we should remind ourselves that many beyond the call of duty. ministration’s budget is $404 million below the of these first responders are in small f amount promised in the ‘‘No Child Left Be- communities that cannot depend on a DEMOCRATS ARE WORKING TO hind’’ for teacher training. fire department that is 100 miles away. The Republican budget also freezes child The only way a lot of these commu- GET OUR ECONOMY BACK ON care funding and includes only a slight in- nities can survive is to have volunteers TRACK crease for Head Start. This will reduce the that can work in those departments. The SPEAKER pro tempore. Under a number of children already eligible and leave Where else do we have volunteers that previous order of the House, the gentle- millions empty-handed. are willing to go out and risk their woman from Texas (Ms. JACKSON-LEE) The Administration fails to fund its vital edu- lives to protect our property and our is recognized for 5 minutes. cation program that claims to leave no child lives? Ms. JACKSON-LEE of Texas. Mr. behind. It seems that Republicans think that The grant program that we estab- Speaker, on a separate point from what simply by naming the education bill ‘‘No Child lished provided direct support to fire I wish to discuss this evening, let me Left Behind,’’ they are keeping their promise to departments around the country for acknowledge that I had an opportunity the American people. Americans know better! basic firefighting needs. In its initial to meet with one of my firefighters Americans deserve better! year, the program proved to be very from Houston, Texas, and I do want to I urge both the Administration and the Mem- popular with both fire services and emphasize the important role that fire- bers of Congress to fully fund the ‘‘No Child Members of Congress. Additionally, the fighters play in homeland security and Left Behind’’ Act for the sake of our children. U.S. Fire Administration received ex- as first responders. f tensive praise for an exceptional job of I hope that we will be able to address developing and implementing the pro- their concerns, particularly as it re- CHALLENGES FACING OUR FIRE gram efficiently under challenging lates to one legislative initiative that I DEPARTMENTS time constraints. am supporting dealing with H.R. 3992 The SPEAKER pro tempore. Under a In my mind, the need-based peer-re- which addresses the question of pro- previous order of the House, the gen- viewed grant program is an excellent viding the added resources and per- tleman from Michigan (Mr. SMITH) is example of how the Federal Govern- sonnel to ensure that both fire trucks recognized for 5 minutes. ment can assist the first responders, and fire stations are well equipped with Mr. SMITH of Michigan. Mr. Speak- both paid full-time people and volun- the necessary personnel. I believe how- er, as a supporter of the bill of the gen- teers, with the basic training and ever we resolve these matters dealing tleman from North Carolina (Mr. equipment they need to answer our with volunteer firefighters as well as ETHERIDGE) and the effort of this Con- calls. our full-time firefighters, we do realize gress to be more aggressive in support If we lose volunteers in those very that they are, in fact, very viable and of our firefighters, I very much encour- small communities, it will be a tre- vital first responders, and we should age the consideration and ultimate mendous financial burden to maintain address their concerns. passage of legislation that will accom- the kind of protection that we have It is my sense and position to move plish that. now. This has got to be a situation and hope that we will move H.R. 3992 as This morning we held a hearing in where we work together. expeditiously as we can. We had a hear- the Committee on Science to examine Those of us in the Fire Caucus, while ing in the Committee on Science, and I just how the Federal Government can supportive of a grant program to in- hope that we will be able to do that on help ensure that our Nation’s fire de- crease terrorism preparedness, quickly behalf of the American people. partments are adequately equipped and recognized that the Assistance to Fire- Mr. Speaker, I believe there is a lot staffed to perform the jobs they have fighters Grant Program was intended that we can do on behalf of the Amer- been asked to do. The hearing shed to provide fundamental firefighting ican people, and as I have watched the light on the challenges facing our fire support to departments, and should be base of the economy crumble beneath departments. I would like to talk about kept separate and distinct from the us, if we really went back home and a couple of those challenges. FEMA counterterrorism funds that the asked who is hurting or what needed to First, the need of the firefighting President proposed. be improved or corrected, most would community to work together on these Further complicating this problem say that they would ask that we get efforts. Our challenge and our goal is has been language in the proposed the economy back on track.

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.120 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6967 It is important that the voice of GUAM’S POSITION IN LIGHT OF the Kurdish refugees in 1996 under Op- those Democrats who are seeking to do IRAQI SITUATION eration Pacific Haven. They were sent so be heard. I am somewhat disturbed The SPEAKER pro tempore (Mr. to Guam. When there was no overflight that the House majority has failed to TIBERI). Under a previous order of the authority granted to conduct bombing address the real serious questions of House, the gentleman from Guam (Mr. raids on Iraq at a couple of times in the the economy. In the backdrop of a very UNDERWOOD) is recognized for 5 min- past few years, those bombers were high and moral decision of whether or utes. prepositioned in Guam and then taken not this Nation goes to war, we have Mr. UNDERWOOD. Mr. Speaker, directly to Iraq. lost all sight of those who are hurting. today as we look upon the world situa- But I point this out not because the Let me just give some points that are tion and we are confronting the possi- people of Guam will not be in support, worth noting. Household income is bility of a renewed struggle in the Mid- but because really the people of Guam down for the first time since 1991. This dle East and trying to deal with all the deserve additional consideration is not household income of those who challenges that we face as a result of should this series of economic can afford to throw away a few dollars, the activities and actions of Saddam downturns occur as a result of any con- cut out one more midwinter trip away Hussein, it is important for me as the flict or even the discussion of conflict. to the islands or to some European at- representative of Guam to inform the Immediately after the 9–11 situation, tractive vacation spot. This is the House about what the impact all of there were a couple of proposals offered household income of those who are try- this may have on communities around for economic recovery. In that effort, ing to make ends meet, trying to send the country, and particularly Guam. the House was not receptive to inclu- young people to college, pay their We are on the precipice of a new sion of the territories in that economic mortgages, or, like in the State of struggle, and we will have some time recovery package. While in the other Texas, trying to scurry around to find to review and debate that particular body the economic recovery package substitute insurance to the Farmers resolution which may authorize mili- was more receptive to the inclusion of Insurance Company that has shut down tary activities in that part of the world Guam and other territories, that eco- in Texas, causing 700,000 families not to next week; but the military challenges nomic package never was successful. have home insurance. This is real. Mr. that we face and the strategic chal- Indeed, at the end of the day, the eco- Speaker, I have sent a letter to the At- lenges that we face, even though they nomic assistance that was given di- torney General of the United States, affect the entire Nation, they do not rectly to the territories was minimal and I am waiting for a response, for affect all the communities around the at best. But we have a new situation him to determine how he can be of as- country in the same way; and certainly that we are confronted with and the sistance to those 700,000 families in we the people of Guam will feel the ef- people of Guam because of their long Texas. fects of this in many disproportionate contributions to the strategic posture Poverty is up for the first time since ways. of the United States and because of 1993, affecting 1.3 million more families Guam is known primarily as a stra- their contributions not only in terms than last year; 1.8 million jobs have tegic area, as a place from which we of their support for the military in been lost, and unemployment is up 5.7 can triangulate armed conflict. It is a Guam but their own participation in percent. Health care costs are soaring; military base for the Navy and for the Guam I think should be treated with and again we say to the senior citizens Air Force. There has been recent dis- some regard. I think the people of in our community, prescription drugs cussion about the placement of bomber Guam deserve to be treated according prices are five times the rate of infla- squadrons there at Anderson Air Force to their contribution to national secu- tion, but yet this body has not been Base, and new submarines are going to rity and national defense and simply able to pass a guaranteed Medicare pre- be home-ported in Guam. All of that is not be utilized on the basis of its value scription drug benefit. People are hurt- welcomed by the people of Guam be- from time to time. ing. cause, indeed, we are patriotic Ameri- And so as we take a look at the world cans. situation today and as we will go over b 1800 In fact, today I just got an e-mail the details of the resolution, we must The stock market has lost $4.5 tril- from an Air Force captain asking me be mindful that this effect, the eco- lion of its value, more than was lost in for some remarks in order that he nomic effects on communities will be the Hoover administration in that col- might swear in an airman. Both of disproportionate around the country, lapse. All of the history books will them are in Kabul. The airman is going and we should be mindful of those so point to the stock market crash of 1928. to be reenlisted there in Afghanistan. that when we construct some initia- We have surpassed that. The market Our people are disproportionately in tives that we give each community its just ended its worst quarter since the high numbers in armed services. We due. crash of 1987. support the military. But as we look f Thousands of employees have seen upon what the effects of this struggle their retirement savings evaporate. might be and even though it may lead FISCAL REVERSAL 401(k) and other defined contribution to a bump-up in military activities in The SPEAKER pro tempore (Mr. plans lost $210 billion. The index of Guam, we are directly economically FLAKE). Under the Speaker’s an- leading economic indicators fell .2 per- challenged by this because our econ- nounced policy of January 3, 2001, the cent this month, double the decline ex- omy is based primarily on tourism and gentleman from South Carolina (Mr. perts had expected. And a $5.6 trillion 80 percent of our visitors come from SPRATT) is recognized for 60 minutes as surplus has become a $2 trillion deficit. Japan and nothing is more dis- the designee of the minority leader. We have work to do, Mr. Speaker, concerting to Japanese tourists than Mr. SPRATT. Mr. Speaker, I rise to- and we are not doing it. Thousands and the prospect of war and conflict. If the night along with my colleagues to ad- thousands, I am exaggerating, of situation which occurred in Guam im- dress an issue of great importance course, hundreds and hundreds, tens of mediately after the Gulf War crisis or which is receiving hardly any attention tens of suspension bills going nowhere; immediately after September 11 last at all. It is about our fiscal reversal, but yet we are failing to address the year again exists as a result of this about the tide of red ink that has over- pain and the hurt of those who are suf- armed conflict, we will see a dramatic taken our budget, about the resurgence fering from this economy. We have got downturn in tourism. A downturn in of deficits that we thought after long, to strengthen pensions by giving em- tourism is already in effect as a result long years of trying we had finally laid ployees the same protections that ex- of 9–11 and is already in effect simply to rest. Lost in the clutter, drowned by ecutives get. We have got to allow because of the economic malaise that the drums of war, the deficit sinks those who are living with companies continues to obtain in Japan. But more deeper and deeper and deeper; and that are bankrupt, Mr. Speaker, to go so than that, if this armed conflict there is no apparent plan by this ad- into the bankruptcy court, pass a pre- comes about, even the discussion of it ministration or this Congress to deal scription drug benefit, protect Social will lead to a reduction in numbers. with the problem. Security, and provide jobs. I simply Guam will stand ready to do its part. You can look at this chart here ask for this Congress to do its work. It did its part even in the evacuation of which shows graphically the deficit and

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.122 H02PT1 H6968 CONGRESSIONAL RECORD — HOUSE October 2, 2002 how we have grappled with it over the As this next chart will show, what policies that we believe will be en- years and see what a difficult struggle happened to the $5.6 trillion? This lay- acted, tax cuts that we believe will be it has been. The surpluses that we had ered graph right here represents the enacted, changes that we believe have for a brief period of time did not come $5.6 trillion that accumulated between a good possibility of being enacted, easily. They did not drop like manna 2002 and 2011, over that 10-year period CBO does not include them in its base- out of heaven upon the Earth beneath. of time. The little green tip at the far line forecast. When we adjust this fore- In the Reagan-Bush years, we adopted end, the upper layer, shows you the cast for political reality, things in the in 1985 something called Gramm-Rud- surplus that we presented President pipeline and likely to be passed, we add man-Hollings. It did not work, but it Bush when he came to office. It was at least another trillion dollars to that did help us focus attention and frame his. An enormous advantage. He then total. the problem and turn the attention of took the estimate of $5.6 trillion and So here we were 2 years ago talking the Congress to deficit reduction as a basically bet the budget on what was a about a better and better bottom line. top-drawer concern. blue-sky forecast. In doing so, as you Now we are talking about a budget When Bill Clinton came to office in can see from this top green layer, the with deficits as far as the eye can see. 1992, we had reached an agreement a remaining surplus, he left next to no Two years ago we were talking about couple of years before with President room for errors and no room for the un- paying off in earnest, both parties, lit- Bush I, George Herbert Walker Bush, expected. And, guess what, there were erally talking about paying off $3.6 called the budget summit agreement. estimating errors of major proportions trillion in national debt held by the It was 6 months in the making. Its ef- and the unexpected, 9–11, came along. public. Today we are talking about or fects were eclipsed by a recession. It When it came, we had no reserve, we looking towards, unless we do some- did not appear to have succeeded, but had no cushion, we had no margin; and thing dramatic, a national debt that in fact it laid the basis for the sur- the consequence was the surplus that actually increases over that period of pluses that we were to enjoy in the lat- we had depended upon turned out to be time. From total payoff to an enor- ter part of the 1990s. about 43 percent lower than we had an- mous increase. President Clinton sent us a budget ticipated, 10 percent of it because the Finally, just 2 years ago we were plan on February 17, less than a month economy was overestimated, another 33 talking about taking the trust fund in after he was in office, to show the sig- percent because we bet the budget on Social Security and the trust fund in nificance he attributed to the problem. the assumption that the revenue Medicare and locking it up in a And look what happened. This red ink growth of the 1990s would continue. lockbox. That metaphor is now derided, here represents the deficits accumu- Here is the bottom line in about as but nevertheless we were all that talk- lated, the precipitous decline in the stark a manner as we can possibly ing about not spending that money, budget during the Reagan years. This present it. This was the surplus in May using it solely to buy up the debt held represents the dramatic improvement. 2001 when this body, the House of Rep- by the public so we would reduce the Every year from 1993 through the year resentatives, under Republican leader- debt, add to the net national savings of 2000, every year the Clinton adminis- ship, passed the Republican budget res- this country, and as a consequence lay tration was in office as a result of the olution that called for about $1.4 tril- the basis for the first step towards the Clinton budget adopted in 1993, the lion in tax cuts. In addition to that, long-run solvency of Social Security. budget got better, the bottom line of the additional interest cost would have All of that has been dashed by the the budget got better, so much so that been about $400 billion on top of that. budget policies of the last 2 years, and by the year 1998, the Federal Govern- Here is where we are in August 2002 as that is what we would like to address ment achieved the first unified bal- a result of not allowing any margin of tonight. anced budget in 29 years. Unified error or any margin for misestimation I yield to the gentleman from North means all the accounts of the budget, or any margin for the unexpected. Carolina (Mr. PRICE) to pick up at this Social Security, Medicare, all the trust Tonight we want to address that point. funds which are in surplus, and that problem and the consequences of it be- Mr. PRICE of North Carolina. I helped. cause what has happened is the most thank the gentleman for yielding, and But in fiscal year 1999, we achieved dramatic reversal we have seen prob- I thank him for this enlightening pres- the first balanced budget in 39 years ably since the Great Depression in the entation of just how serious our budget without using the Social Security trust fortunes of the Federal budget. Just 2 difficulties are and how we got here. As fund, without counting the Social Se- years ago, it is hard to believe that the gentleman realizes, the con- curity trust fund, the first balanced every year for 8 years we had seen a sequences are evident not just in these budget in 39 years. Nobody would have better bottom line. Now every year the overall budget numbers, but in the di- even bet money on enormous odds that budget is in deficit for the next 10 lemma we currently face with respect that could have been done in 1993 when years if you do not include the Social to getting the Nation’s business done the deficit was $290 billion, but we did Security surplus, and by law we are not by the start of the fiscal year and pass- it in 1999. And in the year 2000, the Fed- supposed to include the Social Security ing our appropriations bills on sched- eral Government achieved its first sur- surplus. It is a trust fund surplus. The ule. plus excluding Social Security and deficit this year by our best estimation If someone could prepare chart 18, I Medicare. Backing the surplus in both will be about $315 billion, excluding the believe that would give us an indica- of those accounts out of the budget, we surplus in Social Security. Next year, tion of how our situation this year had a surplus for the first time in the 2003, it is barely better, $315 billion. compares with past years. overall budget. These are estimates of the Congres- Since President Bush took office in In effect, what we did then, it is hard sional Budget Office, our mutual non- 2001, our Republican friends have held to believe now, less than 2 years ago, partisan budget office that does this out the promise that we could have it this was the situation of the budget; work for us with no axes to grind. That all, that oversized Republican tax cuts this was the situation that we pre- is their best guess, that next year the would not require tapping Social Secu- sented to President Bush, the second budget gets no better. Even though the rity and Medicare surpluses, and it President Bush when he came to office economy, they assume, will get better, would not require underfunding key on January 20, 2001. For the first time we still have a deficit of $315 billion. priorities such as education and health in recent history, certainly since the care. Great Depression, for the first time, we b 1815 Unfortunately, however, we cannot presented President Bush with a budg- The next year, 2004, it is $299 billion. have it all, and it is not just because of et in surplus, big-time surplus. By the Over the next 10 years, this is a base- the war on terrorism, although that estimation of his Office of Management line forecast, assuming no change in has had an impact on the budget, but and Budget, the surplus looming over policy except enough to keep up pace the cushion was not there to withstand the next 10 years would accumulate al- with inflation, we will accumulate in that change in the budget or the im- together to a total of $5.6 trillion. In 2 the basic budget $2 trillion in deficits, pact of Medicare and Medicaid costs. years, that surplus is virtually gone. and if we factor into that estimation The fact is that that cushion has never

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.124 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6969 been present, and now we are in a situ- actly zero, and that, of course, is an in- projections what we received from the ation where our Republican friends stitutional breakdown that does not Congressional Budget Office, last year simply cannot get their business done. just mean that this institution has the debt baseline was looking like it They cannot pass the appropriations failed to do its duty. It has real con- would go down, and really by 2008 we bills necessary to take us into the next sequences for the people we represent. would have paid down the publicly held fiscal year. Mr. SPRATT. Mr. Speaker, I yield to debt completely. What has now oc- Mr. BENTSEN. Mr. Speaker, if the the gentleman from Texas (Mr. BENT- curred as of this August is our baseline gentleman from South Carolina (Mr. SEN). has the debt actually going up from SPRATT) would yield, is the chart that Mr. BENTSEN. Mr. Speaker, I thank where we are today. the gentleman from North Carolina the gentleman from South Carolina The bigger problem goes beyond this (Mr. PRICE) was talking about the (Mr. SPRATT), the senior Democrat on because this is just a current service chart right here that shows that from the Committee on the Budget, for debt. This does not tell us anything 1993 through 2002, the number of appro- yielding to me, and I thank the gen- about the public debt that will be re- priations bills that have been passed by tleman from North Carolina (Mr. quired at the time that the baby the House before the beginning of the PRICE). I want to make sure that we boomers begin to retire in earnest and new fiscal year, and I think down here got that, that the House has only we have to convert the bonds held by if I can see it, it is 2002 where the passed 5 of the 13 appropriations bills the trust fund in the public debt. So House has passed only 5 of the 13 appro- by the end of the last fiscal year. not only do we not have the trillion priations bills? Is that the chart that I want to go back to this chart be- dollars that we were told was being set the gentleman is talking about? cause I think is terribly important. aside in the Social Security Trust Mr. PRICE of North Carolina. That is Last year when we began putting to- Fund to fix Social Security for the long the chart I am talking about. I appre- gether the budget for fiscal year 2002 haul, we, in fact, are going to have to ciate the gentleman’s pointing this and really putting together the Repub- borrow several trillion more dollars in out. Our Republican friends last week, lican economic program for the next 10 order to, one, just to meet obligations when we were discussing this as the years, we were told that the unified that already exist on the books, not to new fiscal year approached, they said it budget surplus would be $5.6 trillion mention the trillion or so more that is not unusual to pass continuing reso- over the next 10 years after a lot of will be necessary to ensure that every lutions. We pass continuing resolutions hard work by the American people, by American in the Social Security Sys- all time. It is certainly unusual to have American taxpayers, to dig us out of tem gets the benefits that this country the entire Federal budget come crash- the years of deficits and debt that long ago decided was something we ing down and to have the entire gov- quadrupled the national debt. And, in want do. ernment running on continuing resolu- fact, as the gentleman will remember, Mr. PRICE of North Carolina. This, tions for months and months into the we had tremendous arguments about of course, also means that we are pay- new fiscal year, and that is exactly not how much more debt we were going ing interest, far more interest in serv- what we are facing today. to add, but how much debt we could icing that publicly held debt than was The Republicans in July, Republican pay down and how fast we could pay it anticipated last year. Conservative Action Team, the group down. But we were told this is the Mr. BENTSEN. In fact, that is true. of the most conservative House Repub- number, $5.6 trillion, even though the We now are projected to pay three licans, threatened to bring the Interior Congressional Budget Office told us times the amount of interest over the appropriations bill down, and they said there was a margin of error of 20 per- next 10 years, almost $2 trillion, as op- that the price of their cooperation cent, good or bad, over a short period posed to a little more than half a tril- would be that the Labor-HHS-Edu- of time, that these numbers could be lion dollars that we were looking at cation appropriations bill would be off, but that we should accept this last May of 2001. This is $2 trillion that considered next, and nothing would be number. goes nowhere but out the door, into the done on appropriations until that bill Lo and behold in really a year’s time, pockets of bond holders. It is good for was dealt with. And I wondered, and I we now see that the number is no the bond holders, but it means we are expect all of us wondered during the longer $5.6 trillion, but rather it is $300 not buying any hard assets with the month of August when we were home, billion. That is a substantial error, and American people’s hard-earned tax dol- how are Republican leaders, in fact, what that means is that rather than lars, whether it is tanks, whether it is going to pass that Labor-HHS-Edu- talking about paying down the na- more school books, whether it is more cation appropriations bill within the tional debt and having money left over health care, prescription drugs. All President’s totally inadequate num- to fix Social Security and Medicare for that is gone because now we are adding bers? How would we get past this bill the long haul, what it means is we are debt, not paying down debt. to the rest of the appropriations agen- now deep back into borrowing against Mr. PRICE of North Carolina. The da before the new fiscal year began? Social Security and Medicare. What money that we pay in this interest on But I must say it did not occur to that means is we are not just going to the debt, money down the rat hole, one me, never did it cross my mind, that argue about paying down debt, we are might say, each year over $200 billion. Republican leaders would simply dis- going to have down the road, in just 8 I wonder if there is anyone in this regard the start of the fiscal year and short years when the baby boomers re- Chamber who could not think of better let the entire budget come crashing tire, having to borrow trillions of dol- public and private uses for those funds down all to appease the most right- lars from the public markets in order than simply paying interest on the wing members of their caucus. to fund Social Security without doing debt. And as we look forward to the re- The President and his OMB Director one thing to extend its life. We have tirement of the baby boomers and the are apparently complicit in this strat- dug ourselves deep in the hole. reversal of the cash flow in Social Se- egy. Actually it is an absence of strat- Mr. PRICE of North Carolina. Mr. curity, is it not true that to prepare, to egy. It is just a dereliction of duty, ir- Speaker, if the gentleman from South prepare to start redeeming those bonds responsibility on a monumental scale. Carolina (Mr. SPRATT) would yield, the that the Social Security Trust Fund is So what I never dreamed would happen gentleman may remember that a little holding and making good on those obli- has happened indeed, and the con- over a year ago, the Secretary of the gations, is there any better way we tinuing resolution that we voted on Treasury was expressing concern that could prepare for that than to pay last week did not just cover one bill or the Nation was going to pay down the down the publicly held debt and get rid two, it covered the entire discretionary public debt too quickly. Is that a prob- of this $200 billion burden around our budget. lem that we now need to worry about? necks every year in interest payments? So the gentleman is correct. We Mr. BENTSEN. No. The Republican Mr. BENTSEN. There is no question. passed in the House five appropriations economic program has solved that Two things. Number one, if we were bills, and that is a modern record, but problem. There is no risk now of our not paying this interest and we were the number of appropriations bills that paying down the national debt. In fact, paying down the debt, number one, we have been sent to the President is ex- if the gentleman will look here on the could fund a program like a universal

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.125 H02PT1 H6970 CONGRESSIONAL RECORD — HOUSE October 2, 2002 prescription drug program for senior big picture. I want to really localize If we look at the surplus that was in- citizens who are crying out for it. We this issue. I want to put a face on what herited in the year 2000, 2001, this yel- could put more money in education is happening with our economy and the low line is Medicare. We spent all of like the President says that he wants stewardship that we are not seeing of it Medicare. The red line is the Social Se- to do. We could fund the defense build- right now. curity surplus. By next year we will up that many feel is necessary. I want to focus right in on that sec- have gone through all of the Social Se- But the second thing that is terribly ond one on that list, the health care curity surplus and then some deficit on important, and the gentleman raises costs, because I cannot spend a mo- top of that. For the rest of the Bush this point, the United States runs a ment in my district in Wisconsin with- Presidential term, he will be spending very high current account deficit based out hearing the incredible concerns all of Medicare, all of the Social Secu- upon cash flows which we can afford that people have. Whether it is a small rity surplus that we have promised to because of the strength of our econ- businessowner who talks not about protect, and then, running up a deficit omy, although it is fairly flat right double digit increases, but sometimes on top of that. In fact, for the next 10 now. If we run a high fiscal deficit as 40, 50 percent health insurance in- years we will be dipping into Medicare well at the time that we have to start creases; or a person who has just gone and Social Security that we promised selling even more debt into the future, through a bargaining session with their to save. we run the chance of driving down our employer and their entire cost-of-liv- Mr. Speaker, if I could see the next currency and driving down the value in ing increase has been wiped out by the chart. How did this happen? According the American economy that we will health care costs; or whether it is one to OMB, 40 percent of that was because pay for for many years. We see this in of my self-employed farmers who, at of tax cuts which we will remember countries like Argentina and others. It times of historic low commodity were mostly to benefit the upper in- should not happen in the United prices, can hardly afford, and many are come. What happens as a result of this? States. not covering, their families any longer We see on the next chart, number 9, we So I thank the gentleman for the with health insurance because of the see the economic growth, the worst we question. costs; whether it is the senior citizen have had in 50 years. We have seen on Mr. SPRATT. Mr. Speaker, I yield to who is struggling, once again, to try to chart number 1, we have seen the num- the gentlewoman from Wisconsin (Ms. figure out how to maintain their ber of jobs held by Americans is down. BALDWIN). health, extend their life with a needed On the next chart, number 12, unem- Ms. BALDWIN. Mr. Speaker, I am medication, but they cannot either af- ployment is up a third. We see fore- most honored to be a member of the ford that or maintain their other basic closures, how home foreclosures are Committee on the Budget, and I want necessities; or whether it is the total going up month after month. We have to commend the gentleman from South lack of attention in this Congress on another chart showing the stock mar- Carolina (Mr. SPRATT) and the other the plight of the uninsured and the ket, and I think people are familiar members of our committee this underinsured. These are the people, with what that chart would look like. evening for laying out what I think is these are the faces, these are the im- And what are we doing? Chart num- a critical message at a moment of crit- pacts that are being felt by the eco- ber 18 shows that every year for the ical importance. nomic situation that we find ourselves past 10 years we have passed either all I came to this Congress just about 4 in. 13, 12, 12 or 13 of the appropriations years ago at a moment of what I re- Mr. Speaker, I can tell my colleagues bills by the first of the year. This is garded as real opportunity. I was ex- that my constituents are asking ques- what the House does. Not blaming it on cited about the fact that we were whit- tions. They are asking, What is on the the Senate, the House can pass its tling away at the deficit and, in fact, congressional agenda? Why are you bills. We may have an excuse that the on this upswing towards surplus. We spending all of your time passing House and Senate cannot agree. This is were really paying down our national senses of the House and telling the just what the House did in 2002, only 5 debt, and things were going in an ex- other body what they should or should of the 13 appropriations bills have been traordinarily hopeful direction. I not be doing when we have an eco- passed. And what are the proposals? viewed the moment that I came to Con- nomic situation here in the country There are no proposals, other than just gress as an opportunity to start re- that needs your attention, that needs passing 5 of the 13. sponding to some unmet challenges in addressing immediately? The inac- Now, a great political philosopher this Nation. Perhaps we could call it tivity, the inaction on the part of the once said, ‘‘If you don’t change direc- righting the domestic wrongs that still majority of this House is inexcusable tions, you might end up where you’re exist. at this time of great stress and great headed.’’ tension and great anxiety in our dis- Let us see where we were headed in b 1830 tricts, and we have to see that turn May of 2001. We would have paid off the Well, clearly, we are now in a very, around. entire national debt held by the public very different time. We are now look- Mr. SPRATT. Mr. Speaker, I yield to by 2008. The discussion was, What are ing at deficits for as far as the eye can the gentleman from Virginia (Mr. the economic implications in paying see and squandering an opportunity SCOTT). off the debt? What will it do to the which I think has been squandered for Mr. SCOTT. Mr. Speaker, I am going bond market? That was the discussion a wide multiplicity of reasons, but a to just let the charts tell the story. We that we would have had, a surplus of number of them have to do with ill-ad- have seen this chart. We do not create Social Security and Medicare, so that vised policies enacted by the majority a graph like this by accident. My col- the money would be there when the in this last 2 years. leagues will notice that the Carter ad- baby boomers, like myself, retire; the My constituents are worried. My con- ministration left a deficit; Reagan and money would be there. But no, we stituents are very concerned about the Bush came in, they passed their budg- passed by 2002 legislation that has re- country’s economic security. They are et, they never suffered a veto override. sulted in a debt; essentially nothing worried about their family’s financial President Clinton came in, passed a paid off. security; they are worried about their budget without a single Republican Mr. Speaker, it is going to get worse retirement security; they are worried vote, vetoed some Republican budgets before it gets better, because if we look about their health security. when the Republicans took over the up here, if we adopt the policies of this Mr. Speaker, looking at chart 8, I House and the Senate, and maintained administration, we are going to be run- want to just talk about the direction fiscal responsibility to a surplus and, ning up even more debt. We need to that we are going in, and I think this is in one year, we are back down to a def- change. If September 11 was the cause subtitled, what should be going down is icit. of this, then we need to change poli- going up, and what should be going up Now, it is interesting to say, if we cies. In past years when we had a war, is going down. If my role this evening could see the next chart, that we are we sacrificed. We do not give juicy tax is nothing else, I know that my col- down to where we started; and it is cuts to those that have the most, while leagues laid a good groundwork on the going to get worse before it gets better. other people are losing their jobs. We

VerDate Sep 04 2002 04:58 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.127 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6971 need to change directions, and we can What does this mean for you at employed. What are we going to do for begin by passing responsible appropria- home? Running deficits are going to the 2 million people who have lost their tions bills and not by passing more drive up interest rates on car pay- jobs under this administration? The si- juicy tax cuts for the privileged few. ments, mortgages, and student loans. lence is deafening. Tell me, what are We need to go back to the fiscally re- How many of us are covered by those we going to do? Are we going to pass sponsible years of the Clinton adminis- three issues alone? further tax cuts? tration and keep the promise of pro- We are back to piling up massive New claims for unemployment insur- tecting Social Security and Medicare debt for our children and our grand- ance have risen 400,000 per week in the surpluses so those funds will be avail- children, and weakening Social Secu- last 5 weeks. This means that private able when needed. rity and Medicare for beneficiaries sector job gains will remain weak at Mr. Speaker, I appreciate the leader- today and tomorrow. Budgetary best in the immediate future. But what ship of the gentleman from South choices impact people’s lives daily, not are we going to do? The administration Carolina (Mr. SPRATT) in trying to unlike elections. We should remember is proposing many cuts in order to try bring fiscal sanity to this budget, advo- that the next time we hear the House to make a catch-up. We have nickeled cating the responsible things that need leadership tout the virtues of perma- and dimed our veterans, we have to be done and pointing out the irre- nent tax cuts for the wealthy, which we nickeled and dimed our first respond- sponsible direction that we are headed cannot afford. ers, and we talk out of both sides of our in. My Republican friends have tried to mouths. Mr. SPRATT. Mr. Speaker, I thank shift the responsibility for the dissipa- The $270 million for our veterans, the gentleman for participating, and I tion of the surplus just about any- $150 million for our first responders is yield to the gentleman from New Jer- where. They blame the terrorist at- not a lot of money with regard to the sey (Mr. PASCRELL). tacks, they blame the recession, they totality of things, but we nickeled and Mr. PASCRELL. Mr. Speaker, first, I blame Bill Clinton, they blame the dimed the very people who put their would like to thank my good friend, plague; but tonight we are dealing with lives on the lines, and put them on the the gentleman from South Carolina just the facts. Fact: the mid-season re- lines today as we speak and sit com- (Mr. SPRATT), for his exemplary leader- view by the Office of Management and fortably here in the House of Rep- ship. Budget reports that 40 percent of this resentatives. As the ranking member of the House dissipation of the surplus, the largest Our budget in this economic situa- Committee on the Budget, he has the tion is in disarray, I say to the gen- almost unbearable task of trying to single share rests with the administra- tleman from South Carolina (Mr. correct the hazardous economic course tion’s tax cuts. I did not make it that SPRATT). Is there any Republican will- the current administration is charting. way; I did not vote for it. All other leg- ing to stand up to the administration’s The gentleman has been trying since islation is responsible for only 17 per- disjointed agenda and say, Enough. I early last year to correct that course cent, and more than half of that is nor- on this economic ship, and I salute the mal national security spending. The want the facts. Mr. SPRATT. Mr. Speaker, I thank gentleman sincerely. economy is responsible for only 10 per- I have never seen such fiscal mis- cent of the dissipation of the surplus. the gentleman. I yield to the gentle- management in my life. None of us can About one-third of the worsening of the woman from California (Ms. SANCHEZ). quite explain it, but we do try with budget was caused by technical errors, Ms. SANCHEZ. Mr. Speaker, I thank some consistency. We are at a point in largely overestimates of revenues. We the gentleman for allowing me to talk time when critical decisions must be know about that in New Jersey, where about something that I am very con- made. The reverberations of these deci- the outgoing Governor cooked the cerned about, and it is the economy. sions will be felt for generations to books. It looked like we had a $1 billion About 15 years ago, when my husband come. surplus, and we wound up having a $6 was deciding on whether he was going Iraq is on the forefront of everyone’s billion deficit. That is called cooking to ask me out on our first date, he had mind, and rightfully so. But as Mem- the books. I think we invented it in never seen me, he went to one of his bers of Congress, we cannot focus sole- New Jersey. Large overestimates of colleagues in the same firm who had ly on any one issue at any one time. It revenues, does that sound familiar of worked with me before and he said, is our absolute duty to address every what we have been hearing on the cor- what about this LORETTA SANCHEZ? major issue that is before us, and we porate level? What is she like? And the guy said, well, you know, 2 years ago, the last shall. Our budget, our economy are b 1845 major, major issues. That is why we time I saw her, she was a looker, but, are here tonight. That is why the Republican cries for you know, a lot can happen in 2 years; We are not going to politicize this even more tax cuts are nonsensical. In- and let me tell the Members, a lot can issue. I will not adhere to blind deed, their claims ring hollow. Maybe happen in 2 years. idealogy. There is no need to do that. that is why the administration has In 2 years, after the Clinton adminis- But as Sergeant Joe Friday would say, backed off its next batch of tax cuts. tration and after we worked so dili- It is just the facts, Ma’am; and that is Remember, when the economy was gently to get surpluses to begin to pay what we are about to talk about and prosperous, they told us that the tax down the debt of the United States, have been talking about. cuts were about returning the people’s when people were employed, people Mr. Speaker, chart 3, right here, the money. Then, when the economy took who had creative ideas were accessing surplus declines. When the administra- a downturn, we were told that tax cuts capital markets for the money they tion took office, it received a bene- were about stimulating the economy. needed to put those ideas into play, ev- faction unparalleled in our history. They want it both ways. Apparently, erything was going right. The largest budget surplus ever pro- that is the Republican philosophy in What has happened in 2 years? This jected to a total of $5.6 trillion over the any economic time, regardless of the chart shows the Bush economic record. next 10 years. Fact: the nonpartisan situation, regardless of the cir- What should be going down is going up, Congressional Budget Office now re- cumstance. and what should be going up is going ports that the surplus is at $336 billion But even blind allegiance to the ide- down. over 10 years. That is a swing of $5.3 ology cannot prevent the Republicans The Republicans’ failed economic trillion in the wrong direction in 18 from realizing that the 10-year $1.35 agenda, or lack of an agenda, is really months. The numbers roll off our lips: trillion tax cut was deeply involved in the problem here. This has led us into trillions. The budget is now in substan- the greatest plunge in tax receipts fiscal deterioration, into economic tial deficit. Mr. Speaker, $157 billion is since the repeal of World War II hardship, and into an erosion of Ameri- projected for this year alone at this surtaxes 56 years ago. This is a dis- cans’ retirement security, a lack of an moment. Private sector forecasters be- grace. Remember, just the facts. economic agenda. lieve that the budget will suffer $200 The budget deficit ties the hands of Let us just take a look at this chart billion annual deficits as far as the eye Congress in our efforts to alleviate the here. We all know, for example, that can see. pain of all those who have become un- one of the biggest costs that business is

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.129 H02PT1 H6972 CONGRESSIONAL RECORD — HOUSE October 2, 2002 facing right now is the cost of health down, down, down. The last 4 months, terioration in the budget outlook since care. That is why we see people unable the consumer confidence level is down, the current administration took office. to afford the larger premium that their down, down, down. Less than 2 years ago, the administra- employers are now charging for them Retail sales just this month, this tion and Congress were looking cov- to have health care insurance; or no back-to-school month, which is an indi- etously at a staggering $5.6 trillion cu- health care insurance is being offered, cator of what will happen in the holi- mulative surplus through 2010. Much of something which, when it hits a fam- day season for retailers: down. It is an it I hoped would be used to pay down ily, is detrimental to their stability. indication that the place where we what was then a $4 trillion national Foreclosures of homes are up. Our make money in retail, the holiday sea- debt. Sadly, it has become clear that national debt is up. Goldman Sachs sons, are projected to be down, and still the fiscally irresponsible policies of the says it is going to be at least $200 bil- we cannot pass an increase in the min- Bush administration and the Repub- lion a year for the foreseeable future; imum wage. lican-led House have squandered these nothing close to the numbers that the The fiscal condition of our country. opportunities. The CBO’s current sur- White House gives us as projections, For 2 years the gentleman from South plus projections now total only $366 bil- but the financial markets are under- Carolina (Mr. SPRATT) has been telling lion. standing that it is getting worse and us that these things are happening, and Even worse, CBO’s current projec- worse by the moment. somehow the Republicans and this ad- tions are optimistic, as they do not re- And, of course, right now, long-term ministration do not want to talk about flect the cost of the likely extension of interest rates are low; but what hap- putting together a plan to begin to several expiring tax cuts, relief from pens, what happens when we start turn this around. the expanding alternative minimum going into the market to borrow more I am glad that the gentleman is here tax on individuals, potential new tax tonight and that the gentleman is lead- and more to finance this almost $6 tril- breaks for businesses and investors, ing this effort. It is imperative for lion debt that we have on our hands as and an expanded war on global ter- America to get this turned around, and a Federal Government? Those long- rorism, or a new Department of Home- the way to do it is to sit down and con- term interest rates will shoot up. land Security. If these initiatives are centrate on what is the most impor- The only positive light in the eco- all enacted, we could be faced with a tant piece of stability and security for nomic sector that we have right now $386 billion deficit over the next 10 an American family: the national budg- are all those refinancings that people years. When Social Security funds are are doing on their mortgage, their 15- et. Mr. SPRATT. Mr. Speaker, I yield to not counted, the deficit could balloon and 30-year mortgage rates, because the gentleman from Rhode Island (Mr. to $2.7 trillion. long-term interest rates are down. But Mr. Speaker, the American public is LANGEVIN). when we start to borrow and take Mr. LANGEVIN. Mr. Speaker, I already paying $1 billion on interest- money out of the system to finance thank the gentleman for yielding to only payments on the debt every day. this debt, this deficit that is adding to me. Further, the interest payments on our it, these higher interest costs, a bigger Mr. Speaker, I rise today to express debt are on a fast track to become our piece of pie to finance year after year my deep concerns about our Federal single largest annual expenditure. By after year, what happens? Those long- budget and its impact on our Nation’s continuing to rack up debt on the na- term interest rates go way up, and then economic future. I would also like to tional credit card, we are saddling fu- that $100 or $150 extra we have because commend my colleague, the gentleman ture generations with our poor choices, we refinanced, it is not going to be from South Carolina (Mr. SPRATT), for and endanger the fiscal stability of this available anymore. There will be no re- organizing this special order on such Nation. financing to do. There will be no bright an important issue. Our rapidly deteriorating fiscal out- spot in the home market purchasing Mr. Speaker, I stand united with the look presents a serious challenge for going on. President and my colleagues on both every Member of Congress. The govern- The Social Security Trust Fund, we sides of the aisle in our commitment to ment is now on track to raid more than will be raiding it and taking those defeating terrorism and doing what is $2 trillion of the Social Security sur- monies to pay for these deficits that we necessary to preserve national secu- plus over the next 10 years to cover are running. rity, both at home and abroad. How- deficits in the rest of the Federal budg- Now, let us take a look at what is ever, despite the many new security et. When I was elected to Congress, I going down, which should really be and economic challenges confronting promised my constituents that I would going up. Our economic growth is us, our homeland protection efforts and protect Social Security and the Medi- down. In my area, it is actually an area fiscal policies should not and need not care Trust Funds. that is a little buffeted right now, and shortchange our domestic priorities. b 1900 we have 1 percent growth going on; but We can win the war against terrorism we had projected 3 percent or 4 percent without raiding Social Security and And I was not alone. As many of my or 5 percent this year, not 1 percent. Medicare, and without increasing the colleagues on both sides of the aisle Other areas are suffering: job losses, national debt. made this same vow, it is time to foreclosures. People do not know what Last year I joined many of my col- honor our commitments by acknowl- to do. leagues in cautioning that the adminis- edging our current situation and work- Business investment? People do not tration’s budget simply did not add up. ing together to craft a budget that is want to lend money. People are afraid Sadly, our warnings were ignored, and fiscally responsible and protects Social of the economic conditions that we find we were instead continually reassured Security. ourselves in, and they see it getting that we could afford an enormous tax Mr. Speaker, I urge my colleagues to worse. They are holding onto their cut, ensure the solvency of Social Se- heed this call and do the right thing. money instead of investing. curity and Medicare, pay down the na- Mr. SPRATT. Mr. Speaker, I recog- The stock market? We know what tional debt, fund our domestic prior- nize the gentlewoman from the Virgin has happened with the stock market, ities, and still have a large reserve fund Islands (Mrs. CHRISTENSEN). just $5.5 trillion over the last 18 for unanticipated emergencies. Mrs. CHRISTENSEN. Mr. Speaker, in months of losses in the stock market As it is now very clear to us all that a recent column, Washington Post col- value. Trillions, what do we mean by that budget was based on unrealistic umnist EJ Dionne opened with a state- that? It is so hard to have that con- surplus projections that never mate- ment: ‘‘Perhaps the White House and cept. But just this past September, in 1 rialized, and we now face deficits and Congress might just take a little time week alone we lost $420 billion of an ever-increasing national debt that away from war planning to consider wealth in the stock market. These are stretches far beyond the temporary what the economic downturn has been real numbers. This is our wealth slip- economic downturn or the costs of the doing to poor Americans, especially the ping away, our retirement accounts. war on terrorism. working poor.’’ Enron, Global Crossing, all of these Recent Congressional Budget Office Mr. Speaker, we are talking about companies, our net worth, it is going projections confirmed the dramatic de- the leaders of this country and this

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.131 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6973 body who have the votes and, there- bringing us here this evening to talk Now, just to finish up, let me drive fore, the responsibility. Certainly they about these important issues. this home. For each American this must know that in the last year alone It is important for us to be here to means about $7,000 of interest, each the number of uninsured increased say to the leadership of this House and American, child, woman, man, $7,000 to more than 1.4 million; that poverty to the administration that we are pay off, down the drain, for no produc- rates are up for the first time in 8 heading towards a domestic disaster. tive use, no good to anyone. years; that 1.8 million jobs have been We can no longer afford to ignore the I thank the ranking member of the lost; and that thousands of people in millions of families who are losing in- Committee on the Budget for arranging this country have seen their retire- come, jobs, health coverage, and retire- this Special Order. ment savings disappear. ment pensions; and we must do more to Mr. SPRATT. I thank the gentleman In the health care arena, the impact help those who have never had any of for his observations and participation. is hard now and likely to be dev- these. So we have to get back to our Mr. Speaker, I yield to the gentleman astating as time goes by. Already 41 priorities. The leadership needs to for- from North Carolina (Mr. ETHERIDGE). States are cutting Medicaid programs get about expanding tax cuts. They Mr. ETHERIDGE. Mr. Speaker, I ap- this year. That means that people are need to join with us on this side of the preciate your courtesies and I also losing coverage and children are the aisle to pass sound appropriations bills today rise to join my colleague, the hardest hit. This is happening at the to improve the lives of all Americans. gentleman from South Carolina (Mr. worst time because with the economic Mr. SPRATT. Mr. Speaker, I yield to SPRATT). I thank him for his Special Order and for my colleagues who have downturn, 2.3 million more Americans the gentleman from New Jersey (Mr. joined him. I am proud of the work of were unemployed in August of 2002 HOLT). my colleagues who have worked to- compared with July the year before. Mr. HOLT. Mr. Speaker, I thank my The saying that when the rest of the friend and colleague, the gentleman gether on a bipartisan basis to balance world gets a cold, minority commu- from South Carolina (Mr. SPRATT), and the budget for the first time in a gen- nities and our territories get pneu- at risk of being somewhat repetitive of eration. One of the first votes that I had the monia is holding true. As of 2001, of the what our other colleagues have said, I privilege of casting when I came in 1996 41 million uninsured, 18 percent were just want to finish by emphasizing was to start the process of balancing Asian Pacific Islanders; 19 percent Afri- some really very important points. When this Congress began, the Re- the budget. That Balanced Budget Act can American; and more than a third, publicans promised, in fact, everyone finally stopped the flow of red ink that 33.8 percent, were Hispanic. Thirty- promised to safeguard Social Security was piling up trillions of dollars in na- eight percent of the people in my dis- and Medicare. They said the trust fund tional debt. In fact, when we balanced trict were uninsured. The median surpluses would be maintained and sav- the budget, we not only did it for one household income of black families ing those surpluses would be important year, but we have put the Nation on after rising by almost 30 percent be- for the retirement of the baby boomers. course to generate huge budget sur- tween 1993 to 2000 fell from $30,495 in Their plan, however, was to dissipate pluses for years to come. Those sur- 2000 to $29,470 in 2001. as much of the surplus as possible, in pluses presented us with a golden op- Nearly 23 percent of African Ameri- their words, to get it out of Wash- portunity to begin to pay off the na- cans lived below the poverty level last ington instead of paying off the debt. tional debt, shore up Social Security, year. Our unemployment rate as of Au- The gentleman from South Carolina strengthen Medicare with the benefit gust 2002 is 7.5 for African Americans (Mr. SPRATT) was so diligent in point- for prescription medicine for our sen- and 6.5 for Hispanics. Economists have ing out again and again and again that iors, and invest in the education of our long reported that even when there is they left no margin for error. We all children and our Nation’s long-term any recovery and other Americans said that the projected surpluses were economic growth. begin to return to work, we will still just that. They were projections, not As a former chief of my State schools have unemployment for at least a year money in the bank; and we reminded in the State of North Carolina, I was to 18 months after. Republicans that they needed a margin hopeful Congress would make wise in- When the President sent his tax cut for error. The gentleman could see it. I vestments in needed reforms like to Congress last year, many of us op- remember when he said we did not school construction, teacher training, posed it because we knew what it know what unforeseen circumstances class size reduction, early childhood would mean to funding for the needs of would arise. But we could be sure that education, reading initiatives, science the poor in minority communities as natural emergencies, international cri- and math instruction, aid for college well as the rest of America. After Sep- ses, economic downturns or other and other important priorities for tember 11, we were and we remain in things would arise. America. Unfortunately, the Repub- full support of efforts to rescue, re- Well, this dedication, this over- lican leadership in this Congress did cover and rebuild, as well as to go after whelming dedication, fixation on tax not decide to do that. They have put the terrorists; but our fears that the cuts, no matter what the cir- together a budget-busting tax scheme, important health, education, and eco- cumstances or the consequences, has blew the surplus, and has hamstrung nomic issues would be ignored have run the budget into a ditch; and it now our ability to meet those urgent prior- been realized. risks the livelihood of hard-working ities. Now that we are poised for an attack Americans. Businesses are not invest- Because of this scheme, Republican on Iraq, no matter what Congress says, ing. Real business investment which leadership is now severely under- economic issues are off the radar had posted double digit growth in the funding the education budget. Despite screen. But minorities, the poor, and 1990s is still declining. Scores of cor- their rhetoric in support of education even the middle class are suffering. As porations have gone bankrupt. Con- and countless photo opportunities pos- a matter of fact, the rise in the unin- sumer confidence has dropped in each ing with children, the leadership’s han- sured was particularly noted in people of the last 4 months and is at the low- dling of this matter is to say one thing with moderate and high incomes. est level since November of 2001. and do another. In each of the past 5 Yes, we must strengthen pensions, Why is that? Businesses understand years, Congress has provided growth in enforce corporate reform laws, pass a that this is not sound fiscal policy for the education budget of roughly 13 per- prescription drug benefit, and protect our Nation. They understand that we cent average and 15.9 percent last year. Social Security; but the needs of the are building up a debt and the interest That was commendable at a time when poor, minorities and Americans living can crush us. An extra $1.3 trillion that student population was growing rap- in the offshore territories demand even will be wasted on interest expenses idly. Those healthy investments will more. would have been more than enough to come to a screeching halt under the It is important for all of us who are cover a decade’s worth of cost in Republican budget. here tonight to be here with our leader strengthening Social Security. May The budget also slashes funding for on the budget, the gentleman from 2001, interest was $621 billion over a 10- President Bush’s education bill, the No South Carolina (Mr. SPRATT). We year period, 2002 to 2011. A month or Child Left Behind Act. For example, in- thank him for his leadership and for two ago it was up to $1.9 trillion. stead of the $5.65 trillion increase in

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.133 H02PT1 H6974 CONGRESSIONAL RECORD — HOUSE October 2, 2002 title I funding for poor children in the few days ago in USA Today’s editorial ‘‘Non-combatants, however, litter the No Child Left Behind Act, the budget page entitled ‘‘Untested Administra- top ranks of the Republican hierarchy. cuts 82 percent of that proposal. De- tion Hawks Clamor For War,’’ by President Bush served peacefully in the spite the growth of our immigrant pop- James Bamford, who is a member of Texas National Guard,’’ and indeed was ulation, the Republican budget cuts 10 USA Today’s board of contributors. I missing for 1 year of that service. ‘‘De- percent per child for funding to teach would like to read a portion of it into fense Secretary Donald Rumsfeld spent children to be proficient in English. the RECORD and insert it in its en- his time in a Princeton classroom as Some may think that is not important. tirety. others in his age group were fighting Having been a superintendent, I can He says, ‘‘Beware of war hawks who and dying on Korean battlefields (he tell Members that if we do not help never served in the military. That, in later joined the peacetime Navy). An- those children, all children suffer. essence, was the message of retired other major player in the administra- The Republican budget freezes fund- four star Marine Corps General An- tion’s war strategy, Douglas Feith, the ing for education for homeless chil- thony Zinni, a highly decorated vet- Defense Under Secretary for Policy, dren. When you account for inflation, eran of the Vietnam War and the White has no experience in the military. Nor the budget will mean 8,000 fewer home- House point man on the Middle East does Mr. CHENEY’s influential Chief of less children receive this help next crisis. Zinni is one of the growing num- Staff, Lewis Libby. year. They are all Americans, and they ber of uniform officers in and out of the ‘‘The top congressional Republican deserve our help. Pentagon urging caution on the issue leaders’’ in both the House and Senate We should not turn our back to fully of a preemptive strike against Iraq. ‘‘never saw military service,’’ and in fund special education and forestall ‘‘In an address recently in Florida, he contrast, the gentleman from Illinois completion of that long-time goal by at warned his audience to watch out for (Mr. HYDE) here in the House, ‘‘a World least 4 years, but this budget does that. the administration’s civilian War II combat veteran, has expressed And the Republican budget freezes superhawks, most of whom avoided skepticism about hasty U.S. action, as funding for after-school centers, which military service as best they could. ‘If have some prominent Democrats’’ such will eliminate 50,000 children from par- you ask my opinion,’ said Zinni, refer- as the gentleman from Michigan (Mr. ticipating in after-school programs. ring to Iraq, ‘General Brent Scowcroft, BONIOR), a distinguished Member who And I can tell Members that having General Colin Powell, General Norman was in the military during the Vietnam been a school chief, that is critical, be- Schwarzkopf and General Zinni may all War. cause so many children go home alone see this the same way.’ ‘‘What is remarkable about this ad- and stay by themselves. Despite the b 1915 ministration is that so many of those looming teaching shortages across the who are now shouting the loudest and country, the budget shortchanges ‘‘It might be interesting to wonder pushing the hardest for this genera- teacher training and denies this aid to why all of the generals see it the same tion’s war are the same people who 92,000 potential teachers who would be way, and all those (who) never fired a avoided combat’’ themselves, ‘‘or often eligible under the No Child Left Behind shot in anger (and) are really hell-bent even a uniform, in Vietnam,’’ just sim- Act. to go to war see it a different way. ply were not there. The budget cuts more than 95 percent ‘‘ ‘That’s usually the way it is in his- ‘‘Military veterans from any era tend of the school library initiatives of the tory,’ he said. to have more appreciation for the No Child Left Behind Act. And the ‘‘Another veteran, Senator CHUCK greater difficulty of getting out of a budget guts school reform grants of 24 HAGEL . . . who served in combat in military action than getting in, a topic percent, or $75 million, and the list Vietnam and now sits on the Foreign administration war hawks haven’t said goes on. But let me talk about my Relations Committee, was even more much about when it comes to Iraq. home State of North Carolina. blunt. ‘It is interesting to me that ‘‘Indeed,’’ the author closes, ‘‘the More than $92 million from title I many of those who want to rush this Bush administration’s nonveteran grants to school districts will be cut, country into war and think it would be hawks should review the origins of the $1.5 million from language acquisition so quick and easy don’t know anything Vietnam quagmire. Along the way, grants, $332 million from special edu- about war. They come at it from an in- they might come across a quote from cation, $10.2 million for the 21st Cen- tellectual perspective versus having still another general, this one William tury Community Learning Centers, sat in jungles or foxholes and watched Westmoreland, who once directed the $462,000 for education for homeless chil- their friends get their heads blown war in Vietnam,’’ and said, The mili- dren, $9.5 million for teacher training, off.’’’ They have never seen that. tary does not start wars. Politicians and $1.7 million for comprehensive He talks about during the bloodiest start wars. school reform. years of the Vietnam War, Vice Presi- Also, he quotes Civil War General Mr. Speaker, the list goes on and on. dent CHENEY decided against wearing William Tecumseh Sherman, who ob- The bottom line is that this Repub- the uniform of his country. Instead, he served, ‘‘It is only those who have nei- lican budget is wrong for education. It used multiple deferments to avoid mili- ther fired a shot nor heard the shrieks is wrong for our children, and it is tary service altogether. In fact, he and groans of the wounded who cry wrong for America. I join my fellow quotes the Vice President as saying, ‘‘I aloud for blood, more vengeance, more Democrats and urge the Republican had other priorities in the ’60s than desolation.’’ leadership to restore these educational military service.’’ I commend this article to my col- cuts. Mr. CHENEY is far from alone. ‘‘Nei- leagues. The title of it is ‘‘Untested Ad- ther Paul Wolfowitz, the Deputy De- f ministration Hawks Clamor for War.’’ I fense Secretary, nor Richard Perle, the ask Americans to think about it. CAUTION IS URGED IN STRIKE Chairman of the Defense Policy Board, AGAINST IRAQ I will insert in the RECORD at this have served in uniform, yet they are point the article that I mentioned pre- The SPEAKER pro tempore (Mr. now two of the most bellicose cham- viously. REHBERG). Under a previous order of pions of launching a bloody war in the [From USA Today, Sept. 17, 2002] the House, the gentlewoman from Ohio Middle East. UNTESTED ADMINISTRATION HAWKS CLAMOR (Ms. KAPTUR) is recognized for 5 min- ‘‘What frightens many is the arro- FOR WAR utes. gance, naivete and cavalier attitude to- Ms. KAPTUR. Mr. Speaker, I would ward war. ‘The Army guys don’t know (By James Bamford) like to thank the very distinguished anything,’ Perle told The Nation’s Beware of war hawks who never served in the military. gentleman from New York (Mr. OWENS) David Corn earlier this year,’’ and de- for allowing me the courtesy to speak bated with him whether 40,000 troops That, in essence, was the message of re- tired four-star Marine Corps general An- this evening. would be sufficient, when indeed most thony Zinni, a highly decorated veteran of As the daughter of a family of infan- of the military say 200,000 to 250,000 the Vietnam War and the White House point trymen and Marines, I was particularly would be needed, plus the support of man on the Middle East crisis. Zinni is one captivated by an article I read just a many allies. of a growing number of uniformed officers, in

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.134 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6975 and out of the Pentagon, urging caution on dies of Vietnam, this raw class discrimina- want to talk about, the Congress- the issue of a pre-emptive strike against tion strikes me as the most damaging to the woman I want to talk about tonight, Iraq. ideal that all Americans are created equal would very much approve of what our In an address recently in Florida, he and owe equal allegiance to their country.’’ warned his audience to watch out for the ad- Non-combatants, however, litter the top previous colleagues have done here al- ministration’s civilian superhawks, most of ranks of the Republican hierarchy. President ready tonight. I want to talk about whom avoided military service as best they Bush served peacefully in the Texas National Congresswoman Patsy Mink, who re- could. ‘‘If you ask me my opinion,’’ said Guard. Defense Secretary Donald Rumsfeld cently passed away in Hawaii. Zinni, referring to Iraq, ‘‘Gen. (Brent) Scow- spent his time in a Princeton classroom as Patsy Mink is known for many croft, Gen. (Colin) Powell, Gen. (Norman) others in his age group were fighting and things, but I know her as a Patsy Mink Schwarzkopf and Gen. Zinni maybe all see dying on Korean battlefields (he later joined who was filled with righteous indigna- this the same way. It might be interesting to the peacetime Navy) Another major player tion and anger against injustice, and wonder why all of the generals see it the in the administrator’s war strategy. Douglas my colleagues have presented tonight same way, and all those (who) never fired a Feith, the Defense undersecretary for policy, shot in anger (and) are really hellbent to go has no experience in the military. Nor does very intelligent presentations, well- to war see it a different way. Cheney’s influential chief of staff, Lewis documented presentations, but that ‘‘That’s usually the way it is in history,’’ Libby. will get all the time. I think I heard in he said. The top congressional Republican leaders— their voices also some outrage. They Another veteran, Sen. Chuck Hagel, R- Senate Minority Leader Trent Lott, House were upset. They were angry about the Neb., who served in combat in Vietnam and Speaker Dennis Hastert, House Majority irresponsibility of the Republican ma- now sits on the Foreign Relations Com- Leader Dick Armey and House Majority jority, and that we have all too little of mittee, was even more blunt. ‘‘It is inter- Whip Tom Delay—never saw military serv- esting to me that many of those who want to ice, either; only one, Armey, has shown hesi- here in this Congress, all too little rush this country into war and think it tation about invading Iraq. In contrast, righteous indignation and anger. would be so quick and easy don’t know any- House International Relations Committee We are going to miss Patsy Mink be- thing about war,’’ he said. ‘‘They come at it Chairman Henry Hyde, R–Ill., a World War II cause she was a lady with great right- from an intellectual perspective vs. having combat veteran, has expressed skepticism eous indignation against injustice. She sat in jungles or foxholes and watched their about hasty U.S. action, as have some promi- was angry at the kind of callous ap- friends get their heads blown off.’’ nent Democrats—House Minority Whip proach to human welfare that was ex- The problem is not new. More than 100 David Bonior, Senate Majority Leader Tom hibited too many times on the floor of years ago, another battle-scarred soldier, Daschle and former vice president Al Gore— this Congress. Civil War Gen. William Tecumseh Sherman, who were in the military during the Vietnam observed: ‘‘It is only those who have neither War. Yesterday we had a resolution on fired a shot nor heard the shrieks and groans No administration’s senior ranks, of Patsy Mink, and many people spoke. I of the wounded who cry aloud for blood, course, have to be packed with military vet- was not able to speak, but I did submit more vengeance, more desolation.’’ erans in order to make good military deci- for the RECORD a tribute to Congress- Last month, Vice President Cheney sions. But what is remarkable about this ad- woman Patsy Mink, and I would like to emerged briefly to give several two-gun ministration is that so many of those who start with that tribute and make com- talks before veterans groups in which he are now shouting the loudest and pushing ments on it. The tribute, of course, is spoke of ‘‘regime change’’ and a ‘‘liberated the hardest for this generations’s war are the in its entirety in the RECORD, Tuesday, Iraq.’’ same people who avoided combat, or often ‘‘We must take the battle to the enemy,’’ even a uniform, in Vietnam, their genera- October 1. he said of the war on terrorism. Cheney went tion’s war. In Tuesday’s RECORD this appears in on to praise the virtue of military service. Military veterans from any era tend to its entirety, but I would like to repeat ‘‘The single most important asset we have,’’ have more appreciation for the greater dif- it and comment as I go, because I heard he said, ‘‘is the man or woman who steps for- ficulty of getting out of a military action my colleagues yesterday talk about ward and puts on the uniform of this great than getting in—a topic administration war Patsy in many ways. Most of the ref- nation.’’ hawks haven’t said much about when it erences were personal. I would like to But during the bloodiest years of the Viet- comes to Iraq. nam War, Cheney decided against wearing Indeed, the Bush administration’s non-vet- focus primarily tonight on Patsy Mink that uniform. Instead, he used multiple eran hawks should review the origins of the as a policy manager, Patsy Mink as a deferments to avoid military service alto- Vietnam quagmire. Along the way, they champion of the poor, Patsy Mink as a gether. ‘‘I had other priorities in the ‘60s might come across a quote from still another champion of women, Patsy Mink who than military service,’’ he once said. general, this one William Westmoreland, could be very intense, although she al- Cheney is far from alone. For instance, nei- who once directed the war in Vietnam. ways was polite and warm, and lots of ther Paul Wolfowitz, the deputy Defense sec- ‘‘The military don’t start wars,’’ he said people talked about that yesterday. ruefully. ‘‘Politicians start wars.’’ retary, nor Richard Perle, chairman of the Patsy Mink will be remembered with Defense Policy Board, has served in uniform, f yet they are now two of the most bellicose a broad array of accolades. She was a champions of launching a bloody war in the ANNOUNCEMENT BY THE SPEAKER warm, compassionate colleague. She Middle East. PRO TEMPORE was civil and generous, even to the op- What frightens many is the arrogance, The SPEAKER pro tempore (Mr. ponents who angered her the most. As naı¨vete´ and cavalier attitude toward war. REHBERG). The Chair must remind a member of the Committee on Edu- ‘‘The Army guys don’t know anything.’’ cation and the Workforce, which when Perle told The Nation’s David Corn earlier Members to avoid improper references to Senators. Patsy Mink first came to Congress was this year. With ‘‘40,000 troops,’’ he said, the called the Committee on Education United Stats could easily take over Iraq. f ‘‘We don’t need anyone else.’’ But by most and Labor, as a member of that com- other estimates, a minimum of 200,000 to TRIBUTE TO THE HON. PATSY mittee, in any long markup, and we 250,000 troops would be needed, plus the sup- MINK could have some long markups, we al- port of many allies. The SPEAKER pro tempore. Under ways knew that Patsy would try out Even among Republicans, the warfare be- the Speaker’s announced policy of Jan- macadamia nuts to supply for all of us tween the veterans and non-vets can be in- uary 3, 2001, the gentleman from New to refresh myself, and she would share tense. ‘‘Maybe Mr. Perle would like to be in my macadamia with everybody, those the first wave of those who go into Bagh- York (Mr. OWENS) is recognized for 60 dad,’’ Hagel, who came home from Vietnam minutes. who were opponents as well as those with two Purple Hearts and a Bronze Star, Mr. OWENS. Mr. Speaker, I would who were allies. told The New York Times. like to begin by congratulating my col- I remember her chiding me, joking Secretary of State Colin Powell, a Vietnam leagues who provided the review of the with me when I talked about how much combat veteran and former chairman of the irresponsibility of the Republican ma- I loved macadamia nuts. I was a maca- Joint Chiefs of Staff, has often expressed jority toward the economy and my pre- damia nut junkie, but I said to her, Do anger about the class gap between those who vious speaker, the gentlewoman from not bring any more because I am on a fought in Vietnam and those who did not. diet, and these things certainly do not ‘‘I am angry that so many of the sons of Ohio, in terms of her spirit of indigna- the powerful and well-placed managed to tion expressed about cavalier attitudes help anybody’s diet. The next time she wangle slots in Reserve and National Guard towards war. came with macadamia nuts, they were units.’’ he wrote in his 1995 autobiography, I think the subject that I want to chocolate-covered macadamia nuts, My American Journey. ‘‘Of the many trage- talk about tonight, the lady that I and they are even more delicious than

VerDate Sep 04 2002 04:58 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.041 H02PT1 H6976 CONGRESSIONAL RECORD — HOUSE October 2, 2002 regular macadamia nuts and greater 2000 and reached a 30-year low of 3.9 on Education and Labor, which later calories. But that was the kind of per- percent in October of 2000; but today became the Committee on Education son she was. the unemployment rate has increased and the Workforce, afforded her that She was quite warm, cared very to 5.7 percent nationwide. We have kind of wisdom. much about everybody, but she could presently 8.1 million unemployed Too many of us in the Congress have be angry. She could be a peace of chain Americans, an increase of 2.5 million forgotten the value of institutional lightning. compared to the year 2000. The number memory. While the House is filled with For me, she will be remembered as of Americans experiencing long-term Members who speak as experts on edu- my friend, mentor and my personal unemployment over 27 weeks has al- cation, Patsy Mink was among the few whip on the floor. Often at the door of most doubled in the last year. who had hard-earned credentials with a House Chamber, Patsy would meet Some of this my colleagues heard respect to education. She was a part of me with instructions. ‘‘We,’’ she said, from my previous colleagues who spoke the development and the nurturing of ‘‘are voting no,’’ or, ‘‘We are voting yes on the economy. I think this is summa- title I to the point where it has become on this one.’’ I did not consider that to rized very well by my colleague the the cornerstone of Federal education be intimidation at all. I considered it gentleman from California (Mr. WAX- reform. She was here during the Great always an honor to have been invited MAN), the ranking member of the Com- Society program creation. She served to function as an ideological twin to mittee on Government Reform. Job with Adam Clayton Powell and Lyndon Patsy Mink. She was not telling me or creation has reversed. Johnson in the years that they passed instructing me. She was making as- In the year 2000, the year before more social legislation than has ever sumptions about how we would be to- President Bush took office, the econ- been passed in Congress. gether in our analysis of the problem, omy created 1.7 million new jobs. This Title IX was a landmark reform to our conclusions about what to do with trend has been reversed, and the econ- end the gender gap in our educational respect to voting. That was a great omy has lost almost 1.5 million jobs institutions, in school athletics; but honor, and I am going to miss that. since President Bush took office in also many other aspects of higher edu- In the Committee on Education and January 2001. Poverty is increasing. cation. Title IX belongs to Patsy. She the Workforce, as well as on the House After decreasing for 8 straight years, conceived it decades ago, and she had floor, I was always inspired by Patsy’s decreasing for 8 straight years and to fight all the way to the President. convictions. She was always an inde- reaching its lowest level in 25 years, Even recently, in this 107th Congress, pendent spirit, and she pursued her the poverty rate increased from 11.3 there were skirmishes seeking to cut causes with total dedication. She was percent in 2000 to 11.7 percent in 2001. back on the funding for title IX. Title not just another advocate for edu- In the first year of the Bush adminis- IX was passed in 1972, but right up cation or for women or for jobs for wel- tration, 1.3 million Americans slipped until recently, the grumbling and the fare mothers, not just another one. back into poverty, with a total of 32.9 attempts to undercut have persisted. Patsy Mink was a special advocate. million Americans living in poverty in I will talk more in greater detail She was forever a fiery and intense 2001. about some of the things that have advocate on these issues. She fre- Incomes are falling. Hundreds of happened along the way as Patsy was quently exuded an old-fashioned right- thousands of Americans are filing for forced to fight to keep title IX. As I eous indignation that seems to have bankruptcy. Mortgage foreclosures are said, she had an encyclopedic approach. become extinct in the halls of Con- at a record high. The Federal budget She was involved in many issues. There gress. For Patsy, there were the right deficit is increasing. In 2000, the year were certain issues she would focus on policies and laws which she pushed before President Bush took office, the tenaciously. And because she focused with all the zeal she could muster, and Federal budget, excluding Social Secu- on them, she was prepared to defend there were the wrong-headed, hypo- rity, showed a surplus of $86.6 billion. them, and she very effectively saved critical, selfish and evil policies which The most recent figures from the Con- many of these programs from the jaws had to be confronted, and they had to gressional Budget Office indicate that of those who would roll back progress. be engaged to the bitter end. for 2002 the Federal budget excluding Title IX, like many other Federal When colleagues spoke about par- Social Security will show a deficit of policies and programs, was considered tisan compromise negotiations, Patsy $314 billion. This represents the largest to be impossible, something else we would quickly warn Democrats to be- budget decline in U.S. history, and it is could not afford. We could not afford to ware of an ambush or a trap. I think the third largest on-budget deficit in have equality in our education activi- Patsy in her encyclopedic approach to history, exceeded in size only by the ties for women. That would be a burden her mission, encyclopedic concern deficits of 1991 and 1992 under the first on our higher education institutions. about anything that affected human President Bush. That would be a burden on higher edu- beings, would have very much appre- cation athletics, college athletics, or ciated the presentation by my col- b 1930 school athletics. Always those who leagues before the 1-hour presentation I think Patsy Mink would be, has want to conscript and limit the oppor- on the economy. shown all year long, that she is very tunities for a class of people insist that On the Committee on Education and concerned about all of these matters. it is not doable. Labor where Patsy served and I have Patsy Mink, in the 107th Congress, was Social Security originally was at- served for the 20 years that I have been one of the great spirits continually tacked. We know we did not get a sin- here in Congress, we used to have hear- pushing to get more activists going in gle Republican vote when Social Secu- ings and testimony from economists, response to the decline of the economy. rity was implemented and passed. So- because this committee was charged Patsy was a policymaker. Patsy cial Security was attacked as some- and is still charged with overall re- should be remembered as a policy- thing that would wreck the economy. sponsibility with respect to the econ- maker, as a fighter. Whatever else we The minimum wage was attacked. The omy as it impacts on working families remember about her as an individual, minimum wage provision was attacked and working men and women, and as we should not trivialize her role in the as another item that would wreck the the human resources interact with the dynamics here in the Congress with re- economy. Always reasons are found to other factors in our economy. So we spect to making policy. Her profound stop the spreading of the benefits of used to have many economists come, wisdom on all matters related to edu- our great American democracy and our and our approach was certainly not a cation in particular and matters relat- great economy to all. tunnel-vision approach. ing to human resources, whether it was They particularly hold on with re- She would have been concerned and job training or occupational health and spect to matters relating to women. We has been concerned all year long about safety, whatever matters relating to are way, way behind, even in liberal the fact that the economy has been de- human resources, she had a profound America, liberal and progressive Amer- teriorating, the fact that unemploy- wisdom about that because she had ica. We are still way behind in recog- ment is increasing. The unemployment been here for quite a long time. Her nizing full unfettered rights for all rate averaged 4.1 percent in the year long years of service on the Committee women. There is no more category of

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.137 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6977 human being more oppressed in the to gain her bar admission in the area mothers of children who are covered by world than women. If you want to look where her husband lived. She chal- the law Aid to Families with Depend- at numbers, the greatest number of lenged that piece of sexism and she ent Children. people oppressed throughout the world won. She was admitted to the Hawaii In this Congress, Patsy declared war are women. In all societies, just about, bar, and she became the first Japanese on the oppressors of welfare women. It there is oppression. In societies that American woman to become a member was a lonely army that she led. A very suffer from racial prejudice, an oppres- of the bar in Hawaii. tiny platoon, I would say, that she led sion because of race, or in others who In 1965, Patsy brought her views to as she made war on the oppressors of suffer as a result of colonialism, and all the national stage when she became welfare women. No one was more in- those societies where everybody might the first woman of color elected to the censed and outraged than the Member suffer, the women still suffer most of United States House of Representatives from Hawaii when the so-called welfare all because of male dominance. Male to represent Hawaii’s Second Congres- reform program of President Bush chauvinism seems to hold on. It seems sional District. 1965. You can see that threatened greater burdens and smaller to be institutionalized in certain reli- she was here during the time when subsidies for welfare recipients. Patsy gions. And when we liberate women fi- Lyndon Johnson put forth his Great came to me often and said we must nally, we will have arrived as a civili- Society programs, and she was a col- fight this, we must do something, we zation. league of Adam Clayton Powell as each must not allow this to happen. We But there is a great need to have the one of those measures came through must point out the fact that welfare fullest possible liberation for women in the Committee on Education and Labor benefits have been greatly reduced in America. We are more advanced in this on its way to the floor of the House to most of the States. We must point out respect than probably any society. The be passed successfully by a Democrat- the fact that in the model State of Wis- mountaintop is in view, and we should ically controlled Congress and Senate. consin, the State where the Secretary certainly go on to make certain that So the institutional memory, the insti- of Health and Human Services, former all of the pathways are cleared so that tutional achievements of Patsy Mink Governor Thompson presided, they women and men are clearly equal in ought to be remembered as part of the have reduced the welfare benefits for a one society in the world, that is the record. family of three to less than $300 a American society, and that this will She is a role model that the present month; and they are praising him for spread first in the Western world and Members of Congress should look up to. having made that reduction. That is on and on and break down any shib- She is a role model that should be held wonderful; that a welfare family of boleth that may remain in terms of re- up to future Members of Congress. We three only gets less than $300 a month. ligions that insist that women are infe- need role models that go beyond the That same Governor Thompson had rior and women do not deserve com- fact that we are all very intelligent transferred welfare money that would plete equality with men. men and women who come to this Con- have gone to welfare beneficiaries to Patsy was an advocate for total gress. You will not find a single person other functions in State government. equality for women, and that is quite elected to Congress who is not intel- Maybe he had a few other cronies he appropriate. Her spirit will be missed. ligent. You do not get here unless you wanted to employ, maybe he gave a few We should remember Patsy as an advo- are very intelligent. Most of us have more State banquets, who knows where cate for women. She was the coauthor extensive formal education. Most of the money went; but the Federal of title IX of the Higher Education the Members of Congress are college money that was meant to go to welfare Amendments of 1972 that prohibits sex graduates. Many are people who have beneficiaries, the law allowed him, if discrimination in all education institu- gone beyond college and have profes- he saved it by curtailing the benefits tions receiving Federal funds. This law, sional degrees. So intelligence is not a for welfare families, then he could use which Patsy cited as one of her great- problem here. it in other ways. No one was more in- est accomplishments, has had a dra- If intelligence were the kind of censed and outraged by that kind of ac- matic impact in opening up opportuni- cleansing overall virtue that I once be- tivity than Patsy Mink. Patsy said, we must do something. ties for girls and women in the profes- lieved it was when I was in high school The Democrats are going to be rubber sions and most visibly in athletics. and college, that intelligent people al- In 1970, before the passage of title IX, ways do the right thing, intelligent stamps to the Republican proposals. only 8.4 percent of medical degrees people understand the world, they un- The Democrats are going to be rubber were awarded to women. By 1980, this derstand what is right, and they do stamps to President Bush’s proposals. Patsy Mink came forward, and we had figure had increased to 23.4 percent. By what is right. Intelligence does not made many proposals. We fought the 1997, women were earning 41 percent of automatically lead to correct and ap- greater burdens and smaller subsidies medical degrees. So in addition to ath- propriate, democratic, generous, pro- for welfare recipients. All of Patsy’s letics, in an area like medicine, Patsy’s gressive, and charitable behavior. So proposals in the House were voted title IX opened the way for women. intelligence is not the problem here in I think her colleague, Senator this Congress. The quality that is miss- down. We did not pass anything at all. But I admire and will always praise AKAKA, in honoring Patsy, was able to ing here is indignation, righteous in- bring some light on her personal trav- dignation, dedication to the propo- Patsy Mink for leading the fight which stirred up the long-dormant conscience ails as a woman. Patsy wanted to be a sition that all men and women are cre- among Democrats. doctor. She applied for medical school ated equal. And if they are all created after studying zoology and chemistry equal, they all have a right to share in b 1945 at the University of Hawaii. She ap- the prosperity and the benefits of this Democrats did come to the floor with plied in 1948 to a medical school there, great country. an alternative bill. We did produce a but she was rejected, along with other We have to make a way for them to fight on the floor. We did have a debate bright young women who were aspiring do that, even if they are people who are on the floor. We offered an alternative. to be doctors at a time when women very poor and at one time or another We set the stage for what happened made up only 2 to 3 percent of the en- have to go on welfare. At one time or after the bill left this House and went tering class. Patsy went on to apply to another they have to be the recipients to the other body. We would like to be- a law school instead. She gained admis- of the safety net benefits of our Nation. lieve that the fact that deliberations sion to the University of Chicago. We have safety net beneficiaries who on this very important matter, welfare It was during her years at the Uni- are rich farmers, yet we never are crit- reform, continues and is stalled be- versity of Chicago that she met and ical of them. But we have safety net cause we fought valiantly under the married her husband. Patsy returned beneficiaries who are welfare mothers, leadership of Patsy Mink, and that to Hawaii and gained admission to the mothers of children; and you do not be- fight still goes on as a result of the Hawaii bar in 1953. But as a woman, come a woman on welfare unless you record. We united behind Patsy. We even then, she had difficulty, because have children. It is Aid to Families were voted down, but we were together. it was said that her husband was a na- With Dependent Children. So welfare As I said before, Patsy Mink is a role tive of Pennsylvania, and a woman had women, who we refer to, are really model for what needs to happen in this

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.139 H02PT1 H6978 CONGRESSIONAL RECORD — HOUSE October 2, 2002 House. Some Members of Congress from Indiana (Mr. VISCLOSKY), and the was a trap. She voted against it in focus on housing issues. Some focus on gentleman from Wisconsin (Mr. OBEY), committee, and she voted against it on transportation issues. Some focus on they offered resolutions saying let us the floor of the House. And now she has health issues. Whatever the issue, they do something. been proven to be correct. need to bring to it the kind of indigna- The gentleman from Pennsylvania We made some stringent require- tion and determination that Patsy (Mr. HOLDEN) offered a resolution relat- ments there. We placed on the backs of brought to the issues she cared about. ing to family farmers and bankruptcy. school systems and teachers and stu- She cared about education and welfare Be it resolved that the House of Rep- dents a lot of new regulations and mothers. Nobody knew better than resentatives should call up for consid- threats, provisions for monitoring Patsy about the correlation between eration H.R. 5348, the Family Farmers tests, and now we have reneged on pay- poverty and poor performance in edu- and Family Fishermen Protection Act ing the costs of all of that, leaving it to cation. She had many poor people in of 2002, which will once and for all give them. In Patsy’s district, she com- the rural parts of her district, and family farmers the permanent bank- plained several months ago that the Patsy Mink understood the correla- ruptcy protections they have been provisions of the No Child Left Behind tion. waiting for for over 5 years. were beginning to upset parents be- There is a correlation between poor Mr. Speaker, why not? We are all cause there are provisions that say if performance, and the ability of stu- here. Why do we not debate an act on your individual school is failing in dents to take full advantage of the edu- this vital resolution? No, the Repub- terms of the achievements of the stu- cational opportunities offered, and pov- lican majority chose to vote it down. dents in reading and math, if it is fail- erty. Poverty and education should not With a motion to table, all you need is ing, then you have a right to go to an- be discussed separately, they should be a majority of the votes, and a motion other school, transfer to another public discussed together. What we do to wel- to table takes effect. school. fare families hurts education. When a The gentleman from Ohio (Mr. Well, just about all of the schools in welfare family has their budget cur- BROWN) wanted to deal with the fact a certain area of her district are fail- tailed to the point where children go to that patent drugs, the drug companies ing, and the parents are frustrated be- school hungry, and the best meal they are playing with patent law so they cause they want to use that right, but get is the school free lunch because can hold on to patents longer and keep in order to go to another school, they supper is not going to be adequate, the cost of drugs higher and avoid the would have to have air transportation. breakfast is not adequate, and at some utilization of generic drugs. That was The island is constructed such that the schools we have begun to provide voted down, too. only way they can get to a school that breakfast because of that, why not pro- The Brown resolution attempted to is better than the schools in that locale vide higher benefits and substitutes for call for some constructive action, but would be to have planes to transport the families so the children who are it was also voted down, but he did it, them. The cost of transportation is so going to school get over that first hur- and Democrats rallied behind the gen- prohibitive that the law has no mean- dle and they come to school prepared tleman overwhelmingly out of a sense ing for them. She was angry because to learn because they have a whole- of indignation. Those of us who are they were angry at her, but they have some environment at home. sick of being victimized by the major- been stirred up by the promise that We had on the floor today several ity, we are held paralyzed. We are here, was offered by the No Child Left Be- resolutions which attempted to force but we can do nothing. At least we can hind legislation. the issue. Again, I think Patsy Mink vote for a resolution to call for action, I think that the next resolution that would have been very pleased with and we did. But again, the majority was offered by the gentleman from Wis- what happened this afternoon in the had the most votes, and this resolution consin (Mr. OBEY), who is the ranking regular session. We had four resolu- was voted down. member of the Committee on Appro- tions which showed some outrage, The next resolution was by the gen- priations, was in the same vein, con- some indignation. We want to force the tleman from Indiana (Mr. VISCLOSKY). cerned about the fact that we have issue. We do not want to bide time here It was a simple resolution, after all of reneged on the promises of the legisla- in this Congress the way that the Re- the whereases, resolved that it is the tion that we all voted for, most of us publican majority has decided we sense of the House of Representatives voted for, in a bipartisan compromise. should. We do not want to just be here that the Congress should provide Patsy did not vote for it. She said we and not deal with the issues. I would States with the resources they need to would regret the compromise, and now hate to read history 50 years from now fully implement the No Child Left Be- we are living to regret it. and hear how the historians analyzed hind Act as promised less than a year The Obey resolution was, resolved what happened to the great America; ago. that it is the sense of the House of Rep- that at its apex when it was most pow- Less than a year ago we passed the resentatives that the Congress should erful, most prosperous, the leader of No Child Left Behind Act. It was a bi- complete action on the fiscal year 2003 the entire world, the only remaining partisan vote on final passage. I voted Labor, Health and Human Services and superpower sat around and, like Nero, for it. I voted for it because of the Education and related agencies appro- fiddled while Rome was burning. promises that were made with respect priation before recessing, and should There are so many issues related to to funding. The President said he fund the No Child Left Behind Act with the changing patterns of the weather, would double Title I over a 2-year pe- levels commensurate with the levels the climate, so many things that reach riod. The President said he would pro- promised by the act less than a year beyond our economy; and, of course, vide and support the funding for the ago. the ongoing fight against terrorism. implementation for No Child Left Be- Mr. Speaker, we are here. We should That is no less an issue, but we have to hind, meaning the tests, the training act now. Why have we defaulted on ac- chew gum and walk, sing, dance and do and the administrative costs related to tion to the point where there is a dis- a lot of things at the same time, and that. The President said that he would cussion of nothing significant is going we are letting most of our resources, support an increase in the special edu- to happen until after the election. the tremendous brain power of the Con- cation funding, but he has reneged on Nothing significant is going to be done gress lies fallow, unutilized. There is those promises. about any appropriations issues until tremendous brain power and energy. We would like to see the resources after the election. That is a swindle. The Congress is not being utilized be- provided by passing the Health and We owe it to the American people to cause, for political reasons, somebody Human Services and the Education and take action on critical activities and has decided that it is best for us to related agencies appropriations. The demonstrate what we are made of. Let tread water and do nothing. gentleman from Indiana (Mr. VIS- us have a record. Let us go forward and My colleagues in the Democrat CLOSKY) offered that resolution. not play with the public opinion polls Party, the gentleman from Pennsyl- I would like to note that Patsy Mink where we know that the great majority vania (Mr. HOLDEN), the gentleman said No Child Left Behind was a piece of the American people rank education from Ohio (Mr. BROWN), the gentleman of legislation that was an ambush; it as a major issue. Education is ranked

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.142 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6979 as a major issue, and, therefore, we pay total job and the total job was not real- it. So surely Arabs should have been lip service to education, but we do not ly of epic proportions. The anthrax at- high on the radar screen and the num- want to really doing anything. tack, whoever did it, they still do not ber of people who interpret Arabic The indignation shown by these reso- know who did it, of course, it was small should have been great. But it is not lutions, the attempt to force some ac- in comparison to what terrorists could there. tion or at least to dramatize it, the do. I fear anthrax more than I fear nu- I heard advertising on the radio and mobilization of one party to make cer- clear weapons. After watching what television in New York a couple of tain that this issue was on the floor I happened here in Washington, after months after September 11 advertising think Patsy Mink would be quite proud having been locked out of my office for for people who might want to be Arab of. several weeks, even now we have to ir- interpreters. On and on it could go, in- Patsy was always concerned about radiate our mail, after watching it cluding the fact that in the field in Af- the fact that education was so highly take 4 months to clean up the anthrax ghanistan, where our troops have been publicized by both parties. Patsy was in one building, Senate building; and victorious and conducted a high-tech concerned about the fact that there the experts, the hygienists who handle war in a very effective way, neverthe- barriers put up about education costing anthrax, whoever the experts were, less, the casualties, if you look at the too much, although in America we are were so limited, the technicians so lim- casualties that we have suffered, the only spending in terms of Federal ited till they only focused on the Sen- majority of them have been from funds, we only pick up 7 percent of the ate building. There were not enough to friendly fire as a result of human error. cost of education. There is a continued go around. We could not deal with the We have suffered casualties ourselves drumbeat that education costs too post office. We still have not dealt with as a result of human error and friendly much. The Federal Government should the cleanup of post offices the way we fire. We have had a couple of embar- not be more involved in education. should. rassing incidents with respect to the So we have a shortage of people who b 2000 Canadians and with respect to some can deal with anthrax; and that is a tribal groups as a result of human Our answer was, what activity is it clear and present threat, or something error. So as war becomes more high that the American government is in- similar to anthrax. But in the Home- tech, education becomes an even more volved in that does not need education land Security Act, there is no provision important factor. as more than a footnote? Education is for the training of more people in this There is a recognition in the military a force in whatever activity we are en- area. There is no provision for dealing world of the value of education. I would gaged in and, therefore, what fools we with the fact that we have a shortage like to juxtapose the fact that they are to continue to ignore education of nurses. Who is going to do all these place a great deal of value on education when we talk about critical issues. The vaccinations in case we have an epi- on specific things related to the mili- Homeland Security Act, for example, demic as a result of a biological at- tary while at the same time ignoring the creation of a homeland security tack? We have shortages of people who the greater funnel, the mass education agency does not talk in any significant are going into police departments. We that has to funnel people into the mili- way about the role that education will have shortages in fire departments in tary. For example, we have quite a play. The Education Department is big cities like New York, for example. number of military academies beyond barely mentioned. Yet the Homeland They are working madly to recruit peo- West Point. Most people only think of Security Act is a complex mechanism ple to replace the numerous firemen West Point, the Navy at Annapolis, the which will not work unless it has very who lost their lives, but in general Air Force Academy; but we also have educated people. It will not work un- there has been an attrition over the an Industrial College of the Armed less it has cadres of people who are well years of applicants in terms of these Forces, National War College, Army trained in various ways. Homeland se- agencies. War College, Naval War College, Naval curity will not work unless we train Many of these positions do not re- Post Graduate School, Air War College, tremendous numbers of people in the quire a Ph.D., graduate education; but Air Force Institute of Technology cleanup of anthrax or the cleanup of bi- they do require some education. Get- graduate school and long-term training ological warfare materials. We are pre- ting people to pass a basic test involv- arrangements and continued service ar- paring for that. We are discussing each ing literacy and simple calculations, rangements which allow members of day how we have enough vaccine to getting graduates of our schools who the military to go to graduate schools vaccinate our whole population in 10 can pass those simple requirements has anywhere when needed. days. become a big problem. We need to in- There is a great deal of under- There are a number of things hap- vest whatever is necessary if we are se- standing in the military of the value of pening, but we are not discussing who rious about homeland security, or if we education. Their personnel are con- is going to do it. Where are the people are serious about fighting terrorism. stantly being put through a process of who will give the vaccinations? We One of the factors that keeps coming improving their education. The mili- have a shortage of nurses. We have a up is the very embarrassing fact that tary is not afraid to spend money, also. shortage of basic technicians in our we had a lot of data collected. Many of It costs money to educate youngsters hospitals. We certainly cannot deal the facts that had been assembled by in this day and age. with complicated biological warfare as our reconnaissance agencies, by our I hear complaints that education exhibited by the way we handled the satellites in the sky, picking up elec- costs too much, that when I was a kid anthrax emergency here in Wash- tronic communications, many of those we were only paying teachers so much ington. items were there which told things and school costs were at very low lev- What happened in the anthrax emer- that would have been very useful in els per child, but now teacher salaries gency here in Washington? I will not go counteracting what happened on Sep- are too high, and we want computers. through the whole scenario, but Con- tember 11; but we did not have Arab That is the way of the modern world. gress was threatened and the focus of translators. We did not have enough When World War II started, we only attention of all the experts was on Con- translators. had four or five vehicles in the Federal gress. The post office, on the other I have said here on the floor many arsenal of transportation. Roosevelt hand, where the anthrax had to come times, that is inexcusable, that there had a car and four or five other Cabinet through, was ignored. Even when they were not enough Arab translators to members. We were at that stage. Now discovered that there was anthrax in stay current with the great amount of we have a whole fleet of cars. We have the post office, all of the personnel data that was being collected from a fleet of planes. The world has were still focused here, all the exper- Arab sources. Arabs have been terror- changed. tise. ists for quite a long time. Since Ronald If it has changed in every other re- So we had two people die here in Reagan’s reign when they bombed the spect, then surely it has changed in re- Washington. They were postal employ- barracks in Beirut and killed 200 Ma- spect to education. But we do not rec- ees, postmen, who died, because we did rines, on and on, every major act of ognize that when it comes to edu- not have enough personnel to do the terrorism, sabotage, Arabs have done cation. We do not look at the fact that

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.143 H02PT1 H6980 CONGRESSIONAL RECORD — HOUSE October 2, 2002 our military academies are spending are blind to the fact that all the other out there in our public school system. tremendous amounts of money. I have sectors must go along. They could supply every expert we only got figures for way back in 1990. A complex, modern nation, the leader need, every category of technician, but They do not let you have current fig- of the free world, needs to have a com- they are not doing it when they come ures. In 1990 we were spending tremen- parable concern about education across out of high school, and they can only dous amounts of money for the Army the board. All of these Department of barely read and write properly, when academy, which is West Point; Naval Defense graduate institutions, is there calculations are minimal. Academy, et cetera. But more impor- a single peace initiative we have which A large part of public school is inhab- tant than what they were spending has Federal funding for graduate insti- ited by minorities, and one of the prob- overall, which is hard to deal with, as tutions? Is there a single graduate in- lems is, which Patsy and I talked about of 1996, the budget office study showed stitution that we know of? There is a many times, as the minority popu- again with 1990 figures, that the peace institute which you can hardly lation has increased in certain school amount of money being spent per offi- find in the budget, it is so small; and it systems, the big-city school systems in cer, that is where we can make some is very cautious about what it does. America, the commitment of the local- comparison. But there is no place where we are ity and the commitment of the State They say right now at Harvard and training diplomats. There is no plan to government has gone down, and we Yale, Ivy League schools may cost you make certain that the greatest Nation cannot get away from an observation between $40,000 and $50,000 per student on Earth, the last superpower, has that racism is at work in decision- per year now. In 1990, the cost per offi- knowledge of all the other societies on making. cer commissioned in the Army was Earth. Doing less for the schools has hap- $299,000. $299,000 per officer commis- We not only have a shortage in peo- pened as the population has changed, sioned. In the Navy it was $197,000 per ple who can translate Arabic but in but let us take a look at what that officer commissioned. In the Air Force, Pakistan and some other countries, means for America in one area. In our $279,000 per officer commissioned. We they speak Urdu. In Afghanistan they military those same minorities who are are willing to spend tremendous speak Pashto. We have more than 3,000 being neglected in our public schools amounts of money when it involves colleges and universities in this Na- make up a large part of our military personnel serving the military di- tion. If you have a plan, if the Home- relative to their percentage of popu- rectly. If we are willing to spend land Security Act cared about really lation. African Americans are consid- $299,000 per officer commissioned, sure- dealing with terrorism across the ered by the Census Bureau to be about ly we can spend more than $8,000 per world, you would have a plan which 13 percent of the total population. In child in the New York City school sys- showed that somewhere in America the Army African Americans total 25.5 tem and understand that modern costs there is a college or a university that percent of the Army population; 480,435 are such that $8,000 per child is not has an institute or a center which is people are African Americans. His- going to get you very much in terms of not only learning the language, teach- panics are 9.3 percent. In the Navy Af- what is needed in this day and age. ing the language, but also teaching the rican Americans, which are only 13 per- I checked before Ron Dellums left as culture of any group of people any- cent of the population, are 18.9 percent the head of the Armed Services Com- where on the face of the Earth. of the Navy. African Americans, who mittee. I did get some figures which Certainly any nation in the United are only 13 percent of the population, showed that the cost at that time, I Nations, we should have a program are 16 percent of the soldiers in the Air think that was about 7 or 8 years ago, which has people who are studying it. Force. In the Marines African Ameri- was down to $120,000 per cadet at West We can afford to do that. By chance we cans are 18.9 percent. Point, if you left out the actual cost of have experts probably on everything, These same African Americans who the military training and just the aca- but single people who decide they want are in the inner-city schools predomi- demic training. The academic training to go off and study and are ready when nantly, the supply that goes into our at that time was $120,000 per student we need them for these kinds of assign- military, is jeopardized if you do not while Harvard and Yale at that time ments, that number is decreasing. provide appropriate education now. were estimated to be about $30,000 in What would it be like in a few years? b 2015 the Ivy League. So either way you can What is it like now? Is the quality of see the difference. We are willing to Why not have a plan which guaran- the soldiers declining at a time when spend tremendous amounts of money tees that we will always have enough the high-tech complexity of the mili- when we think it is important. people who speak Urdu to deal with in- tary is increasing? Patsy Mink and I used to talk a great creasing our friendship with Pakistan? We should take a hard look at all the deal about the great hypocrisy of Pakistan is a friendly Muslim Nation. various activities of our society and American policymakers. In private Pakistan is our ally in the fight how they complement each other. schools, the cost per child is far higher against terrorism. We need to know Patsy Mink, as I said before, had an than $8,000 per child, as it is in the New more about its culture and be able to encyclopedic mind when it came to York City schools. $8,000 per child is deal with it. If we are going to have na- looking at human resources and look- what the average is in New York City, tion-building, that is a word that was ing at the various missions of a civ- because it has so many different trivial, used and ridiculed a few years ilized society like ours should have. schools. There is a low end in my dis- ago, but now it is understood that we Patsy Mink and I have talked about trict. There are some schools where cannot fight terrorism without nation- the fact that it is ridiculous to have a they are spending only $4,000 per child; building. We do not invest a large homeland security program which allo- and there is a high end where they are amount of energy, time, lives, effort in cates no significant role to the Depart- spending $12,000 per child because the a nation like Afghanistan and then ment of Education or to the univer- expenditure costs are driven by the walk off and leave it to crumble back sities and colleges in America. It is personnel costs. The greatest cost of into the kind of primitive savagery sort of doomed to failure. personnel, the more experienced teach- that existed under the Taliban. If we do I would like to conclude by just re- ers and administrators are in certain not stay and we do not do nation-build- focusing on one particular project or schools in certain districts that they ing, we will have to do it all over again program that is identified most imme- consider highly desirable places to be. in 10 or 20 years. So nation-building is diately and specifically with Patsy So their salaries raise the cost per part of a process that we should have Mink. That is Title IX. Many women child in those districts, while the poor- in our overall plan to fight terrorism. who are doctors and lawyers, who had a est schools suffer from too many sub- Homeland security, military readi- basically equal treatment in the uni- stitute teachers and uncertified teach- ness, all that, we should look at edu- versity system and graduate schools, ers and you have a very low cost. But cation first and foremost. The funnel have no idea what it was like before. I what I am saying is that as a Nation, which feeds everything we do has to think one of the women on the Su- we are investing very highly in a well- come up through our public school sys- preme Court told a long story about qualified, well-educated military. We tem. Fifty-three million children are how she was denied access to decent

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.145 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6981 jobs in the law firms when she first ADJOURNMENT 9478. A letter from the Acting Director, Of- came out of college and later denied Mr. OWENS. Mr. Speaker, I move fice of Sustainable Fisheries, NMFS, Na- tional Oceanic and Atmospheric Administra- promotions, et cetera. So there are in- that the House do now adjourn. dividual stories that can be told, but tion, transmitting the Administration’s final The motion was agreed to; accord- rule — Fisheries of the Exclusive Economic the figures were outrageous before ingly (at 8 o’clock and 21 minutes Zone Off Alaska; Thornyhead Rockfish in the Title IX. p.m.), the House adjourned until to- Western Regulatory Area of the Gulf of Alas- Title IX has made a big difference, morrow, Thursday, October 3, 2002, at ka [Docket No. 011218304-1304-01; I.D. 091902E] but Title IX has been fought step by 10 a.m. received October 1, 2002, pursuant to 5 U.S.C. step all the way. It was signed into law 801(a)(1)(A); to the Committee on Resources. f in 1972, and Patsy had to go to war and 9479. A letter from the Director, Office of fight the Tower amendment in 1974. EXECUTIVE COMMUNICATIONS, Congressional Affairs, Nuclear Regulatory She had to fight certain other Senate ETC. Commission, transmitting the Commission’s final rule — Salary Offset Procedures for amendments that were attempted by Under clause 8 of rule XII, executive Collecting Debts Owed by Federal Employees Senator HELMS and S. 2146 in 1976 and communications were taken from the to the Federal Government (RIN: 3150-AG96) 1977. On and on it goes. There have Speaker’s table and referred as follows: received September 26, 2002, pursuant to 5 been attempts to gut Title IX. 9469. A letter from the Administrator, De- U.S.C. 801(a)(1)(A); to the Committee on the So Title IX, the welfare rights, the partment of Agriculture, transmitting the Judiciary. welfare reform, all of it was part of Department’s final rule — Pork Promotion, 9480. A letter from the Actig Chief, Regula- why I say that Patsy Mink was a role Research, and Consumer Information Order: tions and Administrative Law, USCG, De- partment of Transportation, transmitting model for decisionmakers of this Con- Rules and Regulations-Decrease in Assess- ment Rate and Decrease of Importer Assess- the Department’s final rule — Drawbridge gress, and she is a role model for deci- ments [No. LS-02-09] received September 26, Operation Regulations; Hobe Sound bridge sionmakers in the future. Compassion 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the (SR 708), Atlantic Intracoastal Waterway, and riotous indignation are still vital Committee on Agriculture. mile 996.0, Hobe Sound, Martin County, FL qualifications for the leaders of a Na- 9470. A letter from the Administrator, Reg- [CGD07-02-119] received October 1, 2002, pur- tion. Patsy Mink was a great leader of ulatory Contact, Department of Agriculture, suant to 5 U.S.C. 801(a)(1)(A); to the Com- this great Nation. transmitting the Department’s final rule — mittee on Transportation and Infrastruc- United States Standards for Milled Rice — ture. f received September 26, 2002, pursuant to 5 9481. A letter from the Acting Chief, Regu- LEAVE OF ABSENCE U.S.C. 801(a)(1)(A); to the Committee on Ag- lations and Administrative Law, USCG, De- riculture. partment of Transportation, transmitting By unanimous consent, leave of ab- 9471. A letter from the Secretary, Depart- the Department’s final rule — Special Local sence was granted to: ment of Housing and Urban Development, Regulations for Marine Events; Cape Fear Mr. MASCARA (at the request of Mr. transmitting a report of a violation of the River, Wilmington, NC [CGD05-02-075] (RIN: GEPHARDT) for today and the balance of Antideficiency Act by the Department of 2115-AE46) received October 1, 2002, pursuant the week on account of illness in the Housing and Urban Development, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on family. to 31 U.S.C. 1351; to the Committee on Appro- Transportation and Infrastructure. 9482. A letter from the Acting Chief, Regu- Mr. THOMPSON of California (at the priations. 9472. A letter from the Director, Corporate lations and Administrative Law, USCG, De- request of Mr. GEPHARDT) for October 1 Policy and Research Department, Pension partment of Transportation, transmitting on account of congressional business. Benefit Guaranty Corporation, transmitting the Department’s final rule — Safety Zone; f the Corporation’s final rule — Benefits Pay- Gulf Intracoastal Waterway Mile 134.0, Cypremort Point, Louisiana [COTP Morgan SPECIAL ORDERS GRANTED able in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer City-02-004] (RIN: 2115-AA97) received Octo- By unanimous consent, permission to Plans; Interest Assumptions for Valuing and ber 1, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); address the House, following the legis- Paying Benefits — received October 1, 2002, to the Committee on Transportation and In- lative program and any special orders pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- frastructure. heretofore entered, was granted to: mittee on Education and the Workforce. 9483. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting The following Members (at the re- 9473. A letter from the Director, Regula- tions Policy and Management Staff, Depart- the Service’s final rule — Examination of re- quest of Mr. MCNULTY) to revise and ment of Health and Human Services, trans- turns and claims for refund, credit, or abate- extend their remarks and include ex- mitting the Department’s final rule — Clin- ment; determination of correct tax liability traneous material: ical Chemistry and Clinical Toxicology De- (Rev. Proc. 2002-63) received September 30, Ms. KAPTUR, for 5 minutes, today. vices; Reclassification of Cyclosporine and 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. GREEN of Texas, for 5 minutes, Tacrolimus Assays [Docket Nos. 01P-0119 and Committee on Ways and Means. today. 01P-0235] received October 1, 2002, pursuant 9484. A letter from the Regulations Coordi- Mr. FILNER, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on nator, Department of Health and Human Services, transmitting the Department’s Ms. NORTON, for 5 minutes, today. Energy and Commerce. 9474. A letter from the White House Liai- final rule — Medicare Program; Supple- Mr. DEFAZIO, for 5 minutes, today. son, Department of Education, transmitting mentary Medical Insurance Premium Sur- Mr. BROWN of Ohio, for 5 minutes, a report pursuant to the Federal Vacancies charge Agreements [CMS-1221-F] (RIN: 0938- today. Reform Act of 1998; to the Committee on AK42) received September 27, 2002, pursuant Mr. DAVIS of Illinois, for 5 minutes, Government Reform. to 5 U.S.C. 801(a)(1)(A); jointly to the Com- today. 9475. A letter from the Acting Assistant mittees on Energy and Commerce and Ways Mr. UNDERWOOD, for 5 minutes, today. Secretary for Fish and Wildlife and Parks, and Means. Mr. PALLONE, for 5 minutes, today. Department of the Interior, transmitting a 9485. A letter from the Regulations Coordi- Mr. ETHERIDGE, for 5 minutes, today. draft bill approving the location of a Memo- nator, Department of Health and Human Mr. HOYER, for 5 minutes, today. rial to former President John Adams and his Services, transmitting the Department’s Ms. BROWN of Florida, for 5 minutes, legacy in the Nation’s Capital; to the Com- final rule — Medicare and Medicaid Pro- today. mittee on Resources. grams; Programs of All-inclusive Care for 9476. A letter from the Deputy Assistant the Elderly (PACE); Program Revisions Mr. BACA, for 5 minutes, today. Secretary for Fish and Wildlife and Parks, [CMS-1201-IFC] (RIN: 0938-AL59) received Ms. JACKSON-LEE of Texas, for 5 min- Department of the Interior, transmitting the September 27, 2002, pursuant to 5 U.S.C. utes, today. Department’s final rule — Injurious Wildlife 801(a)(1)(A); jointly to the Committees on The following Members (at the re- Species; Snakeheads (family Channidae) Ways and Means and Energy and Commerce. quest of Mr. GUTKNECHT) to revise and (RIN: 1018-AI36) received October 1, 2002, pur- f extend their remarks and include ex- suant to 5 U.S.C. 801(a)(1)(A); to the Com- traneous material: mittee on Resources. REPORTS OF COMMITTEES ON Mr. SHIMKUS, for 5 minutes, today. 9477. A letter from the Director, Office of PUBLIC BILLS AND RESOLUTIONS Hearings and Appeals, Department of Inte- Mr. SMITH of Michigan, for 5 minutes, Under clause 2 of rule XIII, reports of rior, transmitting the Department’s final today. rule — Special Rules Applicable to Surface committees were delivered to the Clerk Mr. PETERSON of Pennsylvania, for 5 Coal Mining Hearings and Appeals (RIN: for printing and reference to the proper minutes, today. 1090-AA82) received October 1, 2002, pursuant calendar, as follows: Mr. JONES of North Carolina, for 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. HANSEN: Committee on Resources. minutes, October 3. Resources. H.R. 1946. A bill to require the Secretary of

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.147 H02PT1 H6982 CONGRESSIONAL RECORD — HOUSE October 2, 2002 the Interior to construct the Rocky Boy’s/ By Mr. DOGGETT (for himself, Mr. Committee on Financial Services, for a pe- North Central Montana Regional Water Sys- ALLEN, Mr. BAIRD, Mr. BARRETT, Mr. riod to be subsequently determined by the tem in the State of Montana, to offer to BECERRA, Mrs. CAPPS, Mr. CARDIN, Speaker, in each case for consideration of enter into an agreement with the Chippewa Mr. CARSON of Oklahoma, Mr. COYNE, such provisions as fall within the jurisdic- Cree Tribe to plan, design, construct, oper- Mr. DAVIS of Illinois, Mr. DEFAZIO, tion of the committee concerned. ate, maintain and replace the Rocky Boy’s Mr. DELAHUNT, Ms. DELAURO, Mr. ED- By Mr. ANDREWS: Rural Water System, and to provide assist- WARDS, Mr. EVANS, Mr. H.R. 5532. A bill to amend the Comprehen- ance to the North Central Montana Regional FALEOMAVAEGA, Mr. FARR of Cali- sive Environmental Response, Compensa- Water Authority for the planning, design, fornia, Mr. FILNER, Mr. FRANK, Mr. tion, and Liability Act of 1980 to require pub- and construction of the noncore system, and HOEFFEL, Mr. HOLT, Mr. INSLEE, Mr. lic availability of an accounting of all funds for other purposes (Rept. 107–715). Referred JEFFERSON, Ms. KAPTUR, Mr. KLECZ- used, or required to be used, for response to to the Committee of the Whole House on the KA, Mr. KUCINICH, Ms. LEE, Mr. LEVIN, a release of a hazardous substance or pollut- State of the Union. Mr. LEWIS of Georgia, Mr. LUTHER, ant or contaminant; to the Committee on Energy and Commerce, and in addition to Mr. KNOLLENBERG: Committee on Ap- Mrs. MCCARTHY of New York, Ms. the Committee on Transportation and Infra- propriations. H.R. 5521. A bill making appro- MCCARTHY of Missouri, Mr. structure, for a period to be subsequently de- priations for the government of the District MCDERMOTT, Mr. MCGOVERN, Mr. termined by the Speaker, in each case for of Columbia and other activities chargeable MCNULTY, Mrs. MALONEY of New consideration of such provisions as fall with- in whole or in part against the revenues of York, Mr. MARKEY, Mr. MATSUI, Mr. in the jurisdiction of the committee con- said District for the fiscal year ending Sep- GEORGE MILLER of California, Mr. cerned. tember 30, 2003, and for other purposes (Rept. NEAL of Massachusetts, Ms. PELOSI, By Mr. BACA (for himself, Mr. 107–716). Referred to the Committee of the Mr. RODRIGUEZ, Ms. ROYBAL-ALLARD, ACEVEDO-VILA, Mrs. NAPOLITANO, Mr. Whole House on the State of the Union. Ms. SCHAKOWSKY, Ms. SLAUGHTER, ROHRABACHER, Mr. HINOJOSA, Mr. Mr. YOUNG of Alaska: Committee on Mr. STARK, Mr. TANNER, Mrs. THUR- CUMMINGS, Mr. BERRY, and Mr. Transportation and Infrastructure. H.R. 5428. MAN, Mr. TIERNEY, Mr. POMEROY, Mr. ORTIZ): A bill to provide for the conservation and de- UDALL of New Mexico, Mr. WAXMAN, velopment of water and related resources, to H.R. 5533. A bill to provide for reduction in Ms. WOOLSEY, and Mr. WYNN): the backlog of claims for benefits pending authorize the Secretary of the Army to con- H.R. 5526. A bill to amend the Lobbying with the Department of Veterans Affairs; to struct various projects for improvements to Disclosure Act of 1995 to require certain coa- the Committee on Veterans’ Affairs. rivers and harbors of the United States, and litions and associations to disclose their lob- By Mr. BERRY (for himself, Mrs. for other purposes; with an amendment bying activities; to the Committee on the EMERSON, Mr. SHOWS, Mr. ALLEN, and (Rept. 107–717). Referred to the Committee of Judiciary. Mr. BROWN of Ohio): the Whole House on the State of the Union. By Mr. DOGGETT (for himself, Mr. H.R. 5534. A bill to amend the Federal Mr. HASTINGS of Washington: Committee LLEN, Mr. BAIRD, Mr. BARRETT, Mr. A Food, Drug, and Cosmetic Act to provide for on Rules. House Resolution 568. Resolution BECERRA, Mrs. CAPPS, Mr. CARDIN, the implementation of the program under providing for consideration of the joint reso- Mr. CARSON of Oklahoma, Mr. COYNE, section 804 of such Act, and for other pur- lution (H.J. Res. 112) making further con- Mr. DAVIS of Illinois, Mr. DEFAZIO, poses; to the Committee on Energy and Com- tinuing appropriations for the fiscal year Mr. DELAHUNT, Ms. DELAURO, Mr. ED- merce. 2003, and for other purposes (Rept. 107–718). WARDS, Mr. EVANS, Mr. By Ms. KAPTUR (for herself, Mr. DIN- Referred to the House Calendar. FALEOMAVAEGA, Mr. FARR of Cali- GELL, Mr. GILCHREST, and Mr. UNDER- fornia, Mr. FILNER, Mr. FRANK, Mr. f WOOD): HOEFFEL, Mr. HOLT, Mr. INSLEE, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 5535. A bill to expand the boundaries JEFFERSON, Ms. KAPTUR, Mr. KLECZ- of the Ottawa National Wildlife Refuge Com- Under clause 2 of rule XII, public KA, Mr. KUCINICH, Ms. LEE, Mr. LEVIN, plex and of the Detroit River International bills and resolutions were introduced Mr. LEWIS of Georgia, Mr. LUTHER, Wildlife Refuge; to the Committee on Re- and severally referred, as follows: Mrs. MCCARTHY of New York, Ms. sources. MCCARTHY of Missouri, Mr. By Mr. NADLER: By Mr. SAM JOHNSON of Texas (for MCDERMOTT, Mr. MCGOVERN, Mr. H.R. 5536. A bill to amend the Bank Protec- himself, Mr. SMITH of Texas, Mr. SES- MCNULTY, Mrs. MALONEY of New tion Act of 1968 and the Federal Credit Union SIONS, and Mr. HALL of Texas): York, Mr. MARKEY, Mr. MATSUI, Mr. Act to require enhanced security measures H.R. 5520. A bill to amend the Fair Labor GEORGE MILLER of California, Mr. at depository institutions and automated Standards Act of 1938 to provide an exemp- NEAL of Massachusetts, Ms. PELOSI, teller machines sufficient to provide surveil- tion from minimum wage and maximum Mr. RODRIGUEZ, Ms. ROYBAL-ALLARD, lance pictures which can be used effectively hours requirements for certain seasonal fire- Ms. SCHAKOWSKY, Ms. SLAUGHTER, as evidence in criminal prosecutions, to works employees; to the Committee on Edu- Mr. STARK, Mr. TANNER, Mrs. THUR- amend title 28, United States Code, to re- cation and the Workforce. MAN, Mr. TIERNEY, Mr. POMEROY, Mr. quire the Federal Bureau of Investigation to By Ms. LOFGREN (for herself and Mr. UDALL of New Mexico, Mr. WAXMAN, make technical recommendations with re- HONDA): Ms. WOOLSEY, and Mr. WYNN): gard to such security measures, and for other H.R. 5522. A bill to amend title 17, United H.R. 5527. A bill to amend the Internal Rev- purposes; to the Committee on Financial States Code, to safeguard the rights and ex- enue Code of 1986 to require disclosure of lob- Services, and in addition to the Committee pectations of consumers who lawfully obtain bying activities by certain organizations; to on the Judiciary, for a period to be subse- digital entertainment; to the Committee on the Committee on Ways and Means. quently determined by the Speaker, in each the Judiciary. By Mr. GILMAN: case for consideration of such provisions as By Mrs. MALONEY of New York (for H.R. 5528. A bill to provide for the estab- fall within the jurisdiction of the committee herself, Mr. RANGEL, Mr. ISRAEL, Mr. lishment of the Center for International concerned. NADLER, Mr. SERRANO, Mr. TOWNS, Human Rights; to the Committee on Inter- By Mr. PETERSON of Minnesota: Mr. ENGEL, Mr. HINCHEY, Mrs. LOWEY, national Relations. H.R. 5537. A bill to amend the Internal Rev- Mr. WEINER, Mr. OWENS, Ms. VELAZ- By Mr. VISCLOSKY (for himself and enue Code of 1986 to allow the $25,000 offset QUEZ, Mr. MCNULTY, Mr. KING, Ms. Mr. FROST): for individuals under the passive loss rules to NORTON, Mr. MORAN of Virginia, and H.R. 5529. A bill to amend title I of the Em- apply to investments in wind energy facili- Mrs. MCCARTHY of New York): ployee Retirement Income Security Act of ties; to the Committee on Ways and Means. H.R. 5523. A bill to amend the Robert T. 1974 to provide for joint trusteeship of single- By Mr. PICKERING: Stafford Disaster Relief and Emergency As- employer pension plans; to the Committee H.R. 5538. A bill to amend title 23, United sistance Act to modify the terms of the com- on Education and the Workforce. States Code, to waive certain limitations; to munity disaster loan program, and for other By Mr. SMITH of New Jersey: the Committee on Transportation and Infra- purposes; to the Committee on Transpor- H.R. 5530. A bill to amend title 38, United structure. tation and Infrastructure. States Code, to enhance the right of the De- By Mr. PICKERING: By Mr. COX (for himself and Mr. LAN- partment of Veterans Affairs to recover pay- H.R. 5539. A bill to amend title XVIII of the TOS): ments by third parties for costs of providing Social Security Act to provide for coverage H.R. 5524. A bill to develop and deploy non-service-connected care to beneficiaries of medication therapy management services, technologies to defeat Internet jamming and of such third parties; to the Committee on including disease specific management serv- censorship; to the Committee on Inter- Veterans’ Affairs. ices, for certain high-risk patients under the national Relations. By Mr. TANCREDO (for himself, Mr. Medicare Program; to the Committee on En- By Mr. GEKAS: HYDE, Mr. BACHUS, Mr. ROYCE, and ergy and Commerce, and in addition to the H.R. 5525. A bill to amend title 11 of the Mr. PAYNE): Committee on Ways and Means, for a period United States Code to prevent corporate H.R. 5531. A bill to facilitate famine relief to be subsequently determined by the Speak- bankruptcy abuse and provide greater pro- efforts and a comprehensive solution to the er, in each case for consideration of such pro- tection for employees, and for other pur- war in Sudan; to the Committee on Inter- visions as fall within the jurisdiction of the poses; to the Committee on the Judiciary. national Relations, and in addition to the committee concerned.

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.025 H02PT1 October 2, 2002 CONGRESSIONAL RECORD — HOUSE H6983 By Mr. SHERMAN (for himself and Mr. MEMORIALS H.R. 4955: Mr. LATHAM. SOUDER): H.R. 5085: Ms. EDDIE BERNICE JOHNSON of H.R. 5540. A bill to encourage respect for Under clause 3 of rule XII, memorials Texas. the rights of religious and ethnic minorities were presented and referred as follows: H.R. 5127: Mr. ROTHMAN. in Iran and to deter Iran from supporting 368. The SPEAKER presented a memorial H.R. 5146: Mr. MALONEY of Connecticut, Mr. international terrorism and from furthering of the General Assembly of the State of HOEFFEL, Mr. TIERNEY, Mr. SAXTON, and Mr. its weapons of mass destruction programs; to North Carolina, relative to House Resolution GREENWOOD. the Committee on Ways and Means, and in No. 1786 memorializing the United States H.R. 5174: Mr. SCHAFFER. addition to the Committee on International Congress and the President to support and H.R. 5183: Mr. LUCAS of Kentucky. Relations, for a period to be subsequently de- enact legislation to establish a tobacco H.R. 5186: Mr. MANZULLO and Mr. ISRAEL. termined by the Speaker, in each case for quota buyout program; to the Committee on H.R. 5228: Mr. PAUL. consideration of such provisions as fall with- Agriculture. H.R. 5229: Mr. PAUL and Mr. DOYLE. in the jurisdiction of the committee con- 369. Also, a memorial of the Legislature of H.R. 5241: Mr. ALLEN and Mr. NADLER. cerned. the State of California, relative to Assembly H.R. 5250: Mrs. MALONEY of New York, Mr. By Mr. SHOWS: Joint Resolution 46 memorializing the Presi- CHAMBLISS, Mr. PHELPS, Mr. RILEY, Mr. BILI- H.R. 5541. A bill to reject proposals to par- dent and Congress of the United States to RAKIS, Mr. ENGLISH, and Mr. GILMAN. tially or completely divert funds, which nor- enact legislation that contains steps to en- H.R. 5257: Mr. DOYLE, Mr. GREEN of Wis- mally would be designated for the Social Se- sure that Medicare home health care recipi- consin, and Mr. OWENS. curity trust fund, into private savings ac- ents are guaranteed the best care, and that H.R. 5259: Mr. BRADY of Texas. counts as a substitute for the lifelong, guar- home health providers, who have undergone H.R. 5268: Mr. LARSEN of Washington, Mr. anteed, inflation-protected insurance bene- multiple regulation and administrative CUMMINGS, Mr. OLVER, and Ms. KILPATRICK. fits provided through Social Security; to the changes at the hands of the federal govern- H.R. 5285: Mr. BARTON of Texas. Committee on Ways and Means. H.R. 5287: Mr. GREEN of Wisconsin. By Mr. GEORGE MILLER of California ment are not further harmed; jointly to the Committees on Ways and Means and Energy H.R. 5304: Ms. BERKLEY. (for himself, Mr. GEPHARDT, Mr. and Commerce. H.R. 5326: Mr. BISHOP. ABERCROMBIE, Mr. KILDEE, Mr. H.R. 5334: Mr. KING, Mr. LOBIONDO, Mr. OWENS, Mr. PAYNE, Mr. ANDREWS, Mr. f SERRANO, Mr. SCOTT, Ms. MCCARTHY of Mis- ROEMER, Mr. SCOTT, Ms. WOOLSEY, ADDITIONAL SPONSORS souri, Mr. GREEN of Texas, Mr. ISRAEL, Mr. Ms. RIVERS, Mr. HINOJOSA, Mrs. MORAN of Virginia, Mr. STRICKLAND, Mr. HIN- MCCARTHY of New York, Mr. Under clause 7 of rule XII, sponsors CHEY, Mr. OLVER, Mrs. MCCARTHY of New TIERNEY, Mr. KIND, Mr. FORD, Mr. were added to public bills and resolu- York, Mr. COSTELLO, and Mr. MASCARA. KUCINICH, Mr. WU, Mr. HOLT, Ms. tions as follows: H.R. 5346: Ms. ROYBAL-ALLARD, Mr. TOWNS, SOLIS, Mrs. DAVIS of California, Ms. H.R. 185: Mr. OLVER. Mr. ABERCROMBIE, Mr. CAPUANO, Ms. WA- MCCOLLUM, Mr. BLAGOJEVICH, Mr. H.R. 356: Mr. GREEN of Wisconsin. TERS, Mr. THOMPSON of Mississippi, Ms. HONDA, Ms. LEE, Ms. ROYBAL-ALLARD, H.R. 394: Mr. MICA, Mr. TOOMEY, Mr. GREEN ESHOO, Mrs. MCCARTHY of New York, Mr. Mrs. NAPOLITANO, Mr. MCINTYRE, Ms. of Wisconsin, Mr. LAHOOD, and Mr. LARSEN ACKERMAN, Ms. RIVERS, Mr. PHELPS, Mr. KAPTUR, Mr. MORAN of Virginia, Mrs. of Washington. LANTOS, Mr. MENEDEZ, Mr. BERMAN, and Mr. MORELLA, Mr. BOEHNER, Mr. THOMP- H.R. 440: Mr. RODRIGUEZ. WAXMAN. SON of Mississippi, Ms. CARSON of In- H.R. 840: Mr. BLUMENAUER, Ms. DUNN, Mr. H.R. 5350: Mr. HILLIARD, Mr. LIPINSKI, Mr. diana, Mr. SANDERS, Ms. SANCHEZ, OWENS, Mr. HOLDEN, Mr. HOLT, Ms. HOOLEY FORST, and Ms. NORTON. Mr. GREENWOOD, Ms. BERKLEY, Mr. of Oregon, Mr. PICKERING, Mr. WELDON of H.R. 5376: Mr. FLAKE. WAXMAN, Mr. GILMAN, Mr. SHAYS, Mr. Pennsylvania, Mr. MCINNIS, Mr. WALSH, and H.R. 5380: Mr. JEFF MILLER of Florida, Mr. PETERSON of Minnesota, and Mr. Mr. SHOWS. GREEN of Wisconsin, and Mr. SESSIONS. EVANS): H.R. 854: Mr. GUTIERREZ. H.R. 5398: Mr. ARMEY, Ms. LOFGREN, Mr. H.J. Res. 113. A joint resolution recog- H.R. 984: Mr. BOEHNER. TOM DAVIS of Virginia, and Mr. SESSIONS. nizing the contributions of Patsy T. Mink; to H.R. 1296: Mr. TIERNEY, Mr. KENNEDY, of H.R. 5433: Mr. LAHOOD and Mr. PHELPS. the Committee on Education and the Work- Rhode Island, Mr. AKIN. H.R. 5465: Mrs. CAPPS. force. H.R. 1353: Mr. LUTHER. H.R. 5476: Ms. NORTON and Mr. WEXLER. By Mr. HASTERT (for himself and Mr. H.R. 1434: Mr. GRUCCI. H.R. 5480: Mrs. MYRICK and Mr. TAYLOR of GEPHARDT): H.R. 1509: Mr. NORTON, Mr. LIPINSKI, and North Carolina. H.J. Res. 114. A joint resolution to author- Ms. BROWN of Florida. H.R. 5491: Ms. PELOSI. ize the use of United States Armed Forces H.R. 1520: Mr. NADLER. H.R. 5499: Mr. CLYBURN, Mr. BISHOP, Mr. against Iraq; to the Committee on Inter- H.R. 1903: Mrs. CLAYTON, Mr. HILLIARD, Ms. LEWIS of Georgia, Mrs. CHRISTENSEN, Mr. national Relations. NORTON, Mr. TOWNS, Mr. FROST, and Mr. THOMPSON of Mississippi, Mr. PAYNE, and Mr. By Mr. ABERCROMBIE: FORD. H.J. Res. 115. A joint resolution to consent CROWLEY. H.R. 5503: Mr. THORNBERRY. to certain amendments enacted by the legis- H.R. 1918: Mr. DIAZ-BALART. H.R. 5510: Mr. MORAN of Virginia. lature of the State of Hawaii to the Hawai- H.R. 2020: Mr. MCINTYRE. H.R. 5512: Mr. SMITH of Washington. ian Homes Commission Act, 1920; to the H.R. 2349: Mr. MCINTYRE. H. Con. Res. 399: Mr. REYNOLDS, Mr. Committee on Resources. H.R. 2374: Mr. WELLER, Mr. MICA, Mr. MCNULTY, Mr. ALLEN, and Mr. WALDEN of Or- WALSH, Mr. GILMAN, Mr. QUINN, Mr. BOEH- By Mr. LATOURETTE (for himself and egon. LERT, Mrs. MCCARTHY of New York, Mr. Mr. CROWLEY): H. Con. Res. 495. Concurrent resolution H.R. 2527: Mr. NEY. ISRAEL, Mr. GRUCCI, Mrs. MALONEY of New supporting the goals and ideals of National H.R. 2573: Mr. CONYERS, Mr. DELAHUNT, and York, Mr. HINCHEY, Mr. CROWLEY, Mr. Safety Forces Appreciation Week; to the Mr. PHELPS. MCNULTY, Mr. RANGEL, Mr. STRICKLAND, Mr. Committee on Government Reform. H.R. 2748: Mr. UDALL of Colorado. KING, Mr. ACKERMAN, Mr. NADLER, Mr. LA- By Mr. NADLER (for himself, Mr. H.R. 3612: Mr. BISHOP. FALCE, Mr. SWEENEY, Mr. TOWNS, Mr. ENGEL, ELAZQUEZ ROHRABACHER, and Mrs. LOWEY): H.R. 3688: Mr. MARKEY, Mrs. DAVIS of Cali- and Ms. V . H. Con. Res. 496. Concurrent resolution ex- fornia, Mr. OWENS, and Mr. BALDACCI. H. Con. Res. 406: Mr. UDALL of Colorado. pressing the sense of the Congress regarding H.R. 3836: Mr. ENGEL and Mr. FRANK. H. Con. Res. 422: Mr. HOYER and Mr. ABER- so-called ‘‘honor killings’’; to the Committee H.R. 4027: Mr. RANGEL. CROMBIE. on International Relations. H.R. 4170: Mr. BALLENGER. H. Con. Res. 436: Mr. LEVIN, Ms. WATSON, By Mr. SCHAFFER: H.R. 4551: Mr. PHELPS. Mr. FRELINGHUYSEN, and Ms. MILLENDER- H. Con. Res. 497. Concurrent resolution H.R. 4573: Mr. FRANK. MCDONALD. supporting the goals and ideas of National H.R. 4582: Mr. ANDREWS. H. Con. Res. 445: Mr. JEFF MILLER of Flor- Take Your Kids to Vote Day; to the Com- H.R. 4614: Mr. ALLEN. ida, Mrs. ROUKEMA, Mr. DOOLITTLE, Mr. mittee on Government Reform. H.R. 4675: Mr. CAMP. RAMSTAD, Mr. BROWN of South Carolina, and By Mr. SOUDER (for himself and Mr. H.R. 4718: Mr. FOLEY. Mr. ROGERS of Michigan. CUMMINGS): H.R. 4760: Ms. NORTON, Mr. MCNULTY, Mr. H. Con. Res. 466: Mr. SCHAFFER and Mr. H. Res. 569. A resolution expressing support HOLDEN, Ms. WATSON, and Mr. RANGEL. WYNN. for the President’s 2002 National Drug Con- H.R. 4762: Mr. KUCINICH, Mr. OWENS, and H. Con. Res. 480: Ms. LOFGREN. trol Strategy to reduce illegal drug use in Ms. WOOLSEY. H. Con. Res. 486: Mr. KILDEE, Mr. WILSON of the United States; to the Committee on Gov- H.R. 4789: Mr. SCHAFFER. South Carolina, Mr. WOLF, and Mr. ernment Reform, and in addition to the Com- H.R. 4790: Mr. SCHAFFER. BALDACCI. mittee on Energy and Commerce, for a pe- H.R. 4804: Mr. MCHUGH, Mrs. CHRISTENSEN, H. Con. Res. 487: Mr. MEEKS of New York riod to be subsequently determined by the Mr. WYNN, Mr. PAYNE, and Mr. TAYLOR of and Mr. FRANK. Speaker, in each case for consideration of North Carolina. H. Res. 369: Mrs. MORELLA. such provisions as fall within the jurisdic- H.R. 4950: Mr. PENCE and Mr. JONES of H. Res. 505: Mr. CUNNINGHAM and Mr. tion of the committee concerned. North Carolina. BROWN of South Carolina.

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H. Res. 557: Mr. BALDACCI. rectly opposite the Speaker’s rostrum, over- Court.’’. The practice of opening meetings of H. Res. 559: Mr. CANTOR. seeing the proceedings of the House. In the the House of Representatives, the Senate, building housing the Supreme Court of the f and the Supreme Court with prayer (includ- United States there are multiple depictions ing those offered by taxpayer-supported PETITIONS, ETC. of the Ten Commandments, including one lo- chaplains), references to God, and invoca- cated on the lower half of the doors leading Under clause 3 of rule XII, tions of blessing is constitutional and wholly into the chamber and another in the cham- consistent with the principles of disestab- 74. The SPEAKER presented a petition of ber itself above the bench from which the lishment and religious freedom. the Legislature of Rockland County, New Justices preside. Even the entry to the Na- York, relative to Resolution No. 543 peti- tional Archives of the United States, where S. 2690 tioning the United States Congress to ex- the Constitution and the Declaration of OFFERED BY: MR. SMITH OF TEXAS press gratitude to Congressman Benjamin Independence are publicly displayed, is Gilman for his many years of public service; adorned with the Ten Commandments. The AMENDMENT NO. 4: At the end of section 1, which was referred to the Committee on Supreme Court, most notably in Lynch v. insert the following: House Administration. Donelly, 465 U.S. 668 (1984), has cited such (17) The First Amendment to the Constitu- f displays when upholding the constitu- tion secures the rights of all Americans to tionality of other religious displays by mu- freely exercise their religion and thus ‘‘man- ADMENDMENTS nicipal governments. The depiction of Moses dates accommodation, not merely tolerance, Under clause 8 of rule XVIII, pro- and the Ten Commandments in the Capitol of all religions, and forbids hostility toward of the United States, the Supreme Court of any.’’ Lynch v. Donnelly, 465 U.S. 668, 673 posed amendments were submitted as the United States, and the National Archives follows: (1983). In 2000, the Commonwealth of Virginia is constitutional and wholly consistent with enacted legislation mandating that each S. 2690 the principles of disestablishment and reli- school division in the State establish a OFFERED BY: MR. ADERHOLT gious freedom. ‘‘minute of silence’’ in its classrooms so that S. 2690 AMENDMENT NO. 1: At the end of section 1, ‘‘each pupil may, in the exercise of his or her insert the following: OFFERED BY: MR. SHIMKUS individual choice, meditate, pray, or engage (17) The First Amendment to the Constitu- AMENDMENT NO. 3: At the end of section 1, in any silent activity which does not inter- tion of the United States secures rights insert the following: fere with, distract, or impede other pupils in against laws respecting an establishment of (17) Beginning in 1774, the Continental Con- the like exercise of individual choice,’’ Va. religion or prohibiting the free exercise gress adopted the procedure of opening its Code Ann. 22.1-203. On July 24, 2001, the thereof made by the United States Govern- sessions with a prayer offered by a paid chap- United States Court of Appeals for the ment. The rights secured under the First lain. The First Congress of the new Republic Fourth Circuit held that the statute did not Amendment have been interpreted by courts continued this tradition when, in April of violate the First Amendment to the Con- of the United States Government to be in- 1789, both the House of Representatives and stitution as applied to the several States cluded among the provisions of the Four- the Senate appointed committees to consider through the Fourteenth Amendment. See teenth Amendment (See Everson v. Board of the election of chaplains. In April and May Brown v. Gilmore, 258 F.3d 265 (4th Cir. 2001). Education Hamilton, 330 U.S. 1, 14-16, and of that same year, the Senate and House re- Writing for the majority, Justice Niemeyer Cantwell v. Connecticut, 310 U.S. 296). The spectively elected their first chaplain and in wrote, ‘‘In sum, establishing a minute of si- Tenth Amendment reserves to the States re- September legislation was enacted providing lence, during which students may choose to spectively the powers not delegated to the for the payment of these chaplains. In the pray or to meditate in a silent and non- United States Government nor prohibited to 1850s the Senate considered ‘‘sundry peti- threatening manner, Virginia has introduced the States. The power to display the Ten tions praying Congress to abolish the office at most a minor and nonintrusive accommo- Commandments on or within property owned of Chaplain’’ (S.Rep. No. 376, 32d Cong., 2d dation of religion that does not establish re- or administered by the several States or po- Sess.), ultimately concluding, however, that ligion.’’ Id. at 278. Justice Niemeyer further litical subdivisions thereof is among the the practice did not violate the Establish- wrote, ‘‘Recognizing that the Religion powers reserved to the States respectively. ment Clause. In 1854, the Committee on the Clauses of the Constitution are intended to The expression of religious faith by indi- Judiciary of the House of Representatives protect religious liberty, Virginia’s minute vidual persons on or within property owned also examined the issue of taxpayer-funded of silence is no more than a modest step in or administered by the several States or po- chaplains and, in a report titled ‘‘Chaplains that direction by providing a non-intrusive litical subdivisions thereof is among the in Congress and in the Army and Navy’’, and constitutionally legitimate accommoda- rights secured against laws respecting an es- stated, ‘‘What is an establishment of reli- tion.’’ Id. On October 29, 2001, the Supreme tablishment of religion or prohibiting the gion? It must have a creed, defining what a Court of the United States let stand the rul- free exercise of religion made or enforced by man must believe; it must have rites and or- ing of the Fourth Circuit in Brown v. Gil- the United States Government or by any de- dinances, which believers must observe; it more. See Brown v. Gilmore, 122 S. Ct. 465 partment or executive or judicial officer must have ministers of defined qualifica- (2001). The Virginia statute mandating a thereof; and among the liberties of which no tions, to teach the doctrines and administer ‘‘minute of silence’’ protects and advances State shall deprive any person without due the rites; it must have tests for the submis- this right for public school students in a con- process of law made in pursuance of powers sive, and penalties for the non-conformist. stitutionally permissible manner. Indeed, in reserved to the States respectively. There never was an established religion Wallace v. Jaffree, the Supreme Court of the without these.’’. In 1983, the Supreme Court United States distinguished Alabama’s mo- S. 2690 of the United States heard arguments as to ment of silence statutes from a statute OFFERED BY: MR. HAYES whether or not a similar practice of opening which, similar to Virginia’s, protects ‘‘every AMENDMENT NO. 2: At the end of section 1, the Nebraska State Legislature with prayer student’s right to engage in voluntary pray- insert the following: offered by a paid chaplain violated the Es- er during an appropriate moment of silence (17) In the Chambers of the House of Rep- tablishment Clause of the First Amendment during the school day.’’ 472 U.S. 38, 59 (1985). resentatives are displayed twenty-three mar- to the Constitution (Marsh v. Chambers, 463 Students enrolled in public school in the ble relief portraits of ‘‘lawgivers’’ who were U.S. 783 (1983)). The Supreme Court found other several States should be accorded a selected by a special committee for their that such a practice is not in fact unconsti- similar protection of their First Amendment work in establishing the principles that un- tutional. Other public bodies also open their rights as extended to students in the Com- derlie American law. The relief of Moses, proceedings with prayers or invocations to monwealth of Virginia. The several States who delivered the Ten Commandments from God, including the Supreme Court of the have within their powers, as reserved under Mount Sinai more than 3000 years ago, is the United States, which opens its proceedings the Tenth Amendment to the Constitution, only relief that is full faced rather than in with an announcement that concludes, ‘‘God the power to enact statutes similar to the profile. The relief of Moses is positioned di- save the United States and this Honorable Virginia ‘‘minute of silence’’ statute.

VerDate Sep 04 2002 03:45 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.030 H02PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, OCTOBER 2, 2002 No. 127 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, MORNING BUSINESS called to order by the Honorable HIL- PRESIDENT PRO TEMPORE, Washington, DC, October 2, 2002. The ACTING PRESIDENT pro tem- LARY RODHAM CLINTON, a Senator from pore. Under the previous order, there the State of New York. To the Senate: Under the provisions of rule I, paragraph 3, will now be a period for the transaction The PRESIDING OFFICER. Today, of the Standing Rules of the Senate, I hereby of morning business not to extend be- our prayer will be delivered by our appoint the Honorable HILLARY RODHAM yond the hour of 11:30 a.m., with Sen- guest Chaplain, from the other side of CLINTON, a Senator from the State of New ators permitted to speak for up to 10 the Hill, the Reverend Daniel P. Cough- York, to perform the duties of the Chair. minutes each. lin, Chaplain of the United States ROBERT C. BYRD, Under the previous order, the time House of Representatives. President pro tempore. until 10 a.m. shall be under the control Mrs. CLINTON thereupon assumed of the majority leader or his designee. PRAYER the chair as Acting President pro tem- Under the previous order, the first 20 The guest Chaplain offered the fol- pore. minutes shall be under the control of lowing prayer: Let us pray. f the Senator from Vermont, Mr. JEF- Almighty God, Lord of history and FORDS. RECOGNITION OF THE MAJORITY The Senator from Vermont. the mystery guiding our future, be LEADER present to all the Members of the U.S. f Senate today. Gather them in Your The ACTING PRESIDENT pro tem- THE FORGOTTEN AGENDA Spirit for their meetings. Guide them pore. The majority leader is recog- nized. Mr. JEFFORDS. Madam President, I in their deliberations as they form con- rise today to discuss the state of our sensus and lead Your people in the f Nation. ways of justice and peace. May the Our President has asked us to give human laws enacted by this Govern- MEASURE PLACED ON THE CALENDAR—S. 3018 him the authority to begin a war with ment be based upon the dignity of the Iraq, and I look forward to a full and human person, rooted in Your order of Mr. DASCHLE. Madam President, I frank debate on that question. creation, and achieve the destiny You understand that S. 3018 is at the desk But today I want to discuss other have ordained for the people of this and is due for its second reading. issues, important issues that are not country and the community of nations The ACTING PRESIDENT pro tem- getting the attention they deserve, an at this time. May the people of this pore. The Senator is correct. agenda the President would rather not great Nation be so blessed by You that Mr. DASCHLE. I ask that S. 3018 be discuss, an agenda I fear is being ob- we become a blessing for the people read for a second time, and then object scured by gathering clouds of war. around the world. Amen. to any further proceedings on this bill Whether or not to go to war in Iraq is f at this time. surely a grave and momentous deci- The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE sion, but I fear our President is ne- pore. The clerk will read the bill for glecting other crucial matters here at The Honorable HILLARY RODHAM the second time. home: the quiet crisis American fami- CLINTON led the Pledge of Allegiance, The legislative clerk read as follows: lies are facing everyday. as follows: A bill (S. 3018) to amend title XVIII of the In Vermont and across this great I pledge allegiance to the Flag of the Social Security Act to enhance beneficiary land families are hurting. When they United States of America, and to the Repub- access to quality health care services under lic for which it stands, one nation under God, send their children to an overcrowded, the medicare program, and for other pur- underfunded school in the morning, indivisible, with liberty and justice for all. poses. they ask, is this the best we can do? f The ACTING PRESIDENT pro tem- When they go to work and see an APPOINTMENT OF ACTING pore. Objection having been heard, the empty desk beside them they wonder, PRESIDENT PRO TEMPORE bill will be placed on the calendar. am I next? And they ask, is this the The PRESIDING OFFICER. The f best we can do? When they see their clerk will please read a communication dwindling retirement accounts and to the Senate from the President pro RESERVATION OF LEADER TIME read of endless corporate corruption, tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- they ask, is this the best we can do? The legislative clerk read the fol- pore. Under the previous order, the When they have to cancel their child’s lowing letter: leadership time is reserved. doctor’s appointment because they

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

S9779

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VerDate Sep 04 2002 02:14 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.000 S02PT1 S9780 CONGRESSIONAL RECORD — SENATE October 2, 2002 have lost their health insurance cov- to import workers to fill the high skill, So, too, if we ignore the quiet, steady erage, they ask, is this the best we can high wage jobs that we have. We should erosion of economic opportunity and do? When they send their kids out to educate our own workers to fill them. well-being here at home. play only to realize that the air pollu- Our economy is faltering. The Presi- If we take action in Iraq, Saddam tion levels are dangerously high, they dent has committed to bringing this Hussein will rue the day he defied the ask, is this the best we can do? economy out of recession. After con- international community and the Is this the best we can do? Of course vening an economic summit in Texas world’s greatest power. But our great- not. We can do better. We must do bet- last August, which was more show than ness rests on more than our military ter, because American families deserve substance, he hasn’t been engaged. strength. It rests on our ability to better—and they deserve better from We learned in the last week that in- meet great challenges whenever and their President. In talking about one comes declined and the poverty rate in- wherever they arise. Great challenges creased for the first time in almost a thing only, the President is forgetting have arisen here at home. many others. And so today I call on the decade. The annual Census Bureau in- come and poverty report stated that 1.3 Our men and women in uniform President to engage this Nation on this wherever they are—whether they are forgotten agenda. million more Americans slipped below the poverty line. This increase means helping to bring order in Kabul or Less than a year after this Congress awaiting orders in Kuwait—deserve and the President worked to increase that 11.7 percent of the United States population is defined as living in pov- more than our pride and our support. the Federal role in elementary and sec- They deserve to come home to a nation ondary education by passing the No erty. In regard to overall income, the Cen- that is not only free but strong and Child Left Behind Act, we are in danger sus Bureau said that the median house- prosperous. of leaving many more children behind hold income dropped for the first de- We have got to address all the prob- because sufficient dollars will not be crease since 1991. In less than 2 years lems facing this Nation. Right now we forthcoming to see that every child in more than two million private sector are not. The drumbeat of war cannot this Nation receives a quality edu- jobs have been lost. and must not drown out the needs of cation. Our economic growth is the weakest our families, our children and our envi- The lack of funding for our Nation’s it has been in 50 years. ronment. schools is a disgrace. Across our Na- And for the workers who don’t need I call on President Bush to lead this tion, headline after headline tells the to worry about their jobs, they are Nation. One person can make a dif- story of school districts having to cut worrying about their savings. More ference—and change only comes one back staff, end the school day early, than 50 percent of Americans have in- person at a time. and cut short the school year all be- vestments in the stock market—and It would be nice if the world were as cause of a lack of funding. they have seen the value of those in- simple as foreign and domestic, good More than 25 years ago, the Federal vestments decline by over $4.5 trillion Government promised to pay 40 percent since last January. and bad—or even Democrat and Repub- of special education costs for children Now is the time to restore confidence lican. But the world is not a simple with disabilities. Today, we only pay 18 in the economy. Now is the time to place and problems do not come along percent of the costs. That is not just a show leadership—but this administra- one at a time. Now is the time for lead- broken promise for one of the richest tion’s economic leadership has been ership, collective will and individual nations in the world, it is an outrage. lackluster. action. Remember, the very reason that the On environmental issues, I fear we In a rush to solve problems overseas, Federal Government has a role in edu- are moving backward instead of for- we must not ignore the problems here cation is because the Congress realized ward under the Bush administration. at home. They are real, and they de- that our national defense depended on The statistics are startling. serve our attention. our students leading the world in math Right now in America there are There has never been a problem that and science. One of this country’s first about 30,000 premature deaths related America could not solve if we come to- education bills, passed in the late 1950s, to power plant pollution, about 160 mil- gether. That is exactly what we need to after the Soviets launched Sputnik, it lion people breathing unhealthy air, do, what we should do, what we must was entitled the National Defense Edu- and significantly higher risks of cancer do now. cation Act. and developmental problems in urban I yield the floor, not with happiness An even more dramatic action oc- areas from toxic tailpipe pollution. or good feelings but with concern and Think about this: 2,500 Americans curred after World War II when we deep hope that we can work together to face premature death from power plant passed the GI bill, vastly increasing save this Nation. the Federal contribution to education pollution each month. That’s like suf- fering casualties from Pear Harbor Mr. REID. Madam President, I sug- and narrowing the tremendous edu- gest the absence of a quorum. cational gap. every 30 days. Parents are thinking twice before The ACTING PRESIDENT pro tem- A similar gap exists now. Similar ac- telling their kids to go outside and get pore. The clerk will call the roll. tion is needed now. some fresh air. First, they have to The legislative clerk proceeded to Of the major industrial nations, the check on the air pollution alerts. call the roll. United States ranks among the lowest If global warning proceeds as sci- Mr. NELSON of Florida. Madam in terms of funding education at the entists expect, weather will become in- President, I ask unanimous consent Federal level, providing only 7 percent creasingly more hostile and difficult to that the order for the quorum call be of the costs. Nations such as Turkey, predict. rescinded. Korea, Italy, the Czech Republic and I was proud to work with the first The ACTING PRESIDENT pro tem- Mexico put us to shame in their ex- President Bush on the Clean Air Act penditure on education. pore. Without objection, it is so or- amendments of 1990. He called our dered. Recent national test scores tell us work, ‘‘a new chapter in our environ- Mr. NELSON of Florida. May I in- that 60 percent—60 percent—of 12th mental history, and a new era for clean quire, since the Senator from Vermont graders are below the proficiency level air.’’ in reading. This is basic reading. Now, this President Bush insists on has finished his major address on the By neglecting education today, we moving us backward—undoing his fa- economy, is it appropriate and do we are not only shortchanging our chil- ther’s legacy and our Nation’s environ- have the time at this point to continue dren’s opportunities, we are sapping mental policy. the comments from this side of the our Nation’s future strength. This is a dangerous time. We face aisle? Right now we have over half a mil- many threats. They require all of our The ACTING PRESIDENT pro tem- lion foreign workers here on H1–B best judgment and careful deliberation. pore. The majority controls the time visas. Those are the visas we give to Threats of war dominate our head- until 10, and the Senator may speak for people from other countries to fill jobs lines. If we were to ignore those up to 10 minutes. within our borders. We shouldn’t have threats we would do so at our peril. The Senator from Florida.

VerDate Sep 04 2002 00:52 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.001 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9781 A STRENGTHENED ECONOMY these other things. The other things jobs have been lost—the first decline in Mr. NELSON of Florida. Madam were increasing defense expenditures— the number of private sector jobs in President, yesterday I had occasion to and we said that before September 11. half a century. The U.S. poverty rate begin some remarks, thinking I could How true was that prophetic state- rose last year for the first time in 8 make them within 10 minutes, with re- ment. But it didn’t happen that way. years. Last year’s administration’s gard to the economy. There were oth- Now we are running deficits in this spending and tax cut plan is part of the ers waiting in line at the end of my 10 year to the tune of about $150 billion. reason it has resulted in today’s colli- minutes. I rise to continue those com- We have deficits that are projected sion course of more deficits, more debt, ments, pointing out that as we discuss over the next decade. higher economic insecurity, higher in- these highly important, weighty deci- When you take into consideration terest rates, lower economic growth, sions we have to make about war and that we are now borrowing out of the and lower employment. peace and about homeland security, Social Security trust fund surpluses— I come back to the floor of the Sen- the Nation’s military strength is something every one of us in the elec- ate to again say to my colleagues what undergirded by its moral strength and tion of 2000 said we were not going to some of us in the moderate sphere of its economic strength. do—we were going to fence off the So- politics were trying to say last year as It is due to the lack of that economic cial Security trust fund and it wasn’t we were going through these budgetary strength, as evidenced in an economy going to be touched. As a result of discussions—that we ought to use mod- that has been in the tank, as evidenced that, the surpluses were going to pay eration and we ought to use balance by so many different indicators—unem- down the national debt. and take an approach that ultimately ployment going up, the stock market Well, that did not occur because we would get the fiscal house in order of going down, the weakness of retail were not wise and balanced in our ap- stopping the annual deficit spending sales, the laying off of people, the poor proach to the Federal Government. It and fulfilling the promise that we made earnings reports of companies all over is a major contributor right now to the that the Social Security trust fund sur- America—that it is incumbent upon stock market being in the tank, and it pluses would not be used for other the Senate to bring its attention not doesn’t make any difference that the spending but, rather, would be fenced only to the highly important matters stock market went up 350 points yes- off and left so their surpluses could of war and peace but that if we are to terday. The two previous days it went start paying down the national debt. continue this war against terrorism, down that much. It is still sort of rock- I appreciate the ongoing dialog about and if we are to do something about ing along below 8,000. this impending war, but we also need the developing of weapons of mass de- What is that? That is a reflection of to pay attention to the battles that we struction in Iraq, for us as a Nation to the lack of American investor con- are already waging in order to keep a be able to successfully prosecute these fidence in American corporations. strengthened national economy, to wars, we need to have a strengthened Why? In part, it is because the Federal help support the necessary battles that economy, a solid foundation in our Government has returned to deficit fi- we are fighting in terrorism around the economy. nancing on an annual basis—that is, world. There are a number of things we can borrowing money to pay expenditures; I yield the floor. do. Yesterday, I pointed out that we therefore, it is deficit financing—when The ACTING PRESIDENT pro tem- were faced with, about a year and a we said we had the opportunity to get pore. The Senator from Michigan is half ago, the beneficence, the wonder- out of that. recognized. ment of a surplus that was projected I had a little experience in this back f over the next decade that not only was in 1981 as a Member of the House of going to allow us to accommodate a Representatives. I voted for a big tax THE EMERGENCY UNEMPLOYMENT huge tax cut and spending increases on cut and it took us not once, not twice, COMPENSATION ACT such things as we anticipated then, but three times to undo that tax cut in Mr. LEVIN. Madam President, the such as increased defense spending— order to get the fiscal house in order. decline of our economy in the last year this was before September 11—there I said I was for a big tax cut. I voted and a half is truly staggering. It is ab- were other high-priority items such as for a version on this floor last year to solutely critical that we in Congress, modernizing Medicare with a prescrip- the tune of $1.2 trillion over a decade. before we leave, do everything we pos- tion drug benefit, increased spending to But that wasn’t what we enacted. What sibly can to help Americans who have recognize and honor the veterans, the we enacted was $1.35 trillion—which is been hurt by this downturn—in par- protection of the environment, a much what it was billed at—but it really ticular, the people who are unemployed larger investment in education; that wasn’t because, when you consider the and having trouble getting back into we could accommodate not only a 10th year that the tax cut was suddenly the workforce. That is why it is essen- major tax cut along with those spend- reverted to the present tax law, it was, tial that before we leave we extend un- ing increases, but then we would also in effect, a $2 trillion tax cut, which employment benefits and adopt the be able to save a part of that surplus— has usurped all of the available sur- Emergency Unemployment Compensa- particularly the surplus that was gen- plus. tion Act of 2002, which has been intro- erated in the Social Security trust In my speech yesterday, I pointed out duced by Senator WELLSTONE, Senator fund—and that the surplus, in effect, the percentages; the biggest part was CLINTON, myself, and others. over the next decade, was going to be taken up by the tax cut. The recession, Over 8 million Americans are unem- able to pay down the national debt, and certainly, was a part of that. The pro- ployed. Since January of 2001, the na- thus save us the sum of $250 billion to jections were another major factor; tional unemployment rate has risen $280 billion a year that we are paying they ended up being way too rosy. from 4.2 percent to 5.7 percent. Accord- in interest. Our economy at this time is still con- ing to the Center on Budget and Policy But that did not occur. What oc- tinuing to be sluggish, and although Priorities, between May and July of curred was that the projections for the most analysts remain optimistic that this year, approximately 900,000 work- surplus over the next 10 years were way we will pull out of this recession even- ers exhausted all of the additional too rosy. How many of us stood on this tually, the path is not rising very fast. weeks of Federal unemployment bene- floor and said exactly that—not only I think we ought to be conservative in fits that they received as a result of this Senator from Florida but the Sen- how we approach this fiscal house to the economic stimulus legislation that ator in the chair from New York said see if we can get it in order. passed the Congress last March. By the we ought to be conservative in our esti- The economic indicators are dis- end of this year, that number will swell mates of what this is going to be so we turbing. Last week those economic in- to 2.2 million workers having ex- do not overobligate ourselves. We also dicators dropped for a third month in a hausted their unemployment benefits. said that when we enact a tax cut—and row and Nasdaq hit a 6-year low. Of We have lost more than 2 million pri- we want to—it ought to be a balanced course, most people know about the vate sector jobs since January of 2001. approach so the tax cut doesn’t absorb Dow Jones—it is really in the tank. For the first time in 50 years, the num- all of the surplus so that you can do Since the beginning of 2001, 2 million ber of private sector jobs has actually

VerDate Sep 04 2002 00:52 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.003 S02PT1 S9782 CONGRESSIONAL RECORD — SENATE October 2, 2002 declined in this country. Now, the rate are people trying to make ends meet on teem, perhaps in higher esteem than of increase in those jobs has gone up a day-to-day basis, people who need anyone else I can think of at this mo- and down over the last 50 years but money to put food on the table, to buy ment. Before doing that, I am com- never in the last 50 years has there a prescription drug, to make a car pay- pelled, however, to respond to some of been an actual decline in the number of ment, to pay rent, or to pay a mort- the statements that have been made private sector jobs until this last year. gage. They spend this money. concerning the economy. The legislation introduced last week According to a 1999 Department of I think we all recognize our economy would do something about these prob- Labor study, every dollar invested in started turning south about 3 years lems by providing all States with an unemployment benefits generates $2.15 ago. We did see this coming. I really do additional 13 weeks of temporary ex- in gross domestic product. This bill ex- not like people saying—because I am tended unemployment benefits. It tending unemployment benefits will always afraid someone is going to be- would also authorize States with the put money into the hands of people lieve it—that somehow when we reduce highest levels of unemployment to get who need it, people who will spend it, tax burdens on individuals that is funds for an additional 7 weeks of bene- and that is good for our economy, as going to automatically reduce the rev- fits on top of the 13. well as for them, because it sustains enues that would have otherwise come This is especially important to my the jobs other people still have. from those taxes. home State of Michigan. Michigan has There may be Members who will History tells us just the opposite. In one of the higher unemployment rates argue we cannot afford to extend un- fact, yes, we are going to have a def- nationwide, currently 6.2 percent. employment benefits. Obviously, we icit. We understand that. We are cur- The PRESIDING OFFICER (Mr. should be concerned about our current rently in a war, and we understand JOHNSON). The time controlled by the budget situation. The 10-year surplus even though the amount of additional majority has expired. projection has declined by $5.3 trillion, money, some $48 billion, that went into Mr. LEVIN. Mr. President, I notice a or 94 percent, since January of 2001. the war effort is totally inadequate, it number of our colleagues are in the But our budget problem does not come is going to have to be more, and we are Chamber, and my time has expired. I from extending desperately needed ben- going to see deficits. The other factor causing deficits is a ask unanimous consent that I be given efits to out-of-work Americans. an additional 3 minutes to complete The major problem is last year’s $1.5 downturn in the economy. We all know my remarks. trillion tax cut which provides more for every 1 percent drop in economic activity, that translates into $24 bil- The PRESIDING OFFICER. Is there benefits to the top 1 percent of all tax- lion of lost revenue. Turning that objection? payers than it does the bottom 80 per- around, for every 1 percent increase in Mr. INHOFE. Reserving the right to cent of taxpayers combined. According economic activity, revenue will in- object, I am sorry, I did not hear the to analysts who reviewed the CBO crease by $24 billion. It has been proven Senator’s question. numbers, last year’s tax cut is the sin- over and over throughout the history Mr. LEVIN. I ask unanimous consent gle largest cause for our evaporated of this country that every time we that I be given an additional 3 minutes surplus. have had the opportunity and the cour- to complete my remarks. September 11 and its aftermath had age to reduce taxes, not raise taxes, it The PRESIDING OFFICER. Without an enormous impact on an economy has resulted in increased revenues. objection, it is so ordered. that was already sputtering. The econ- Mr. LEVIN. I thank my friend from The best evidence of this is 1980. My omy has not recovered. There are signs colleague from Florida talked about Oklahoma. that it will not recover for a while Mr. President, the legislation we in- the decade of the eighties, but let’s longer. The tax cut has blown a hole in look at what happened in the decade of troduced last week would do something our budget, yet it is not just the cen- about these problems by giving all the eighties. terpiece of the administration’s eco- In the 1980s, the total amount of States an additional 13 weeks of tem- nomic policy, it appears to be the only money that was raised from marginal porary extended unemployment bene- economic policy we hear about from rates was $244 billion. In 1990, that fits and would authorize States with the administration. same figure was $406 billion. We can see the highest levels of unemployment to Since Congress passed a bipartisan in a 10-year period revenue almost dou- get funds for an additional 7 weeks of extension of unemployment benefits in bled, and that was the 10-year period benefits above the 13 weeks. March, nearly 2 million people have ex- when we had more reductions in mar- As I indicated, my home State has hausted those benefits without finding ginal rates and in capital gains taxes one of the highest unemployment rates new jobs. The ability for them to re- and other taxes than any other 10-year in the Nation, currently 6.2 percent. ceive additional benefits has expired. period in this Nation’s history. That is the seventh highest in the Na- Yesterday, Senator WELLSTONE at- Is this a Republican idea? No, it is a tion, and it is almost a full percentage tempted to pass this bill by unanimous conservative idea. Liberals do not like point higher than it was just a year consent, but was prevented from doing to think we can return money to the and a half ago. More than 60,000 work- so. This issue should be one of our top people. They do not understand this ers in Michigan currently receive Fed- priorities. We should not leave this adds to our economy. I hate to think of eral unemployment benefits, with an year without extending these benefits where we would be today if we had not additional 50,000 Michigan workers for America’s unemployed. I am hope- had the tax cuts because they have, in having already exhausted their bene- ful that Democrats and Republicans in fact, had a positive effect on the econ- fits. Congress will be able to come together omy. Michigan’s median household income as we have done in the past and support This is not a Republican idea. I re- fell by 4.1 percent last year. Only four the Emergency Unemployment Com- member a great President of the other States fared worse. In the coun- pensation Act of 2002. United States in the sixties. It was try as a whole, median household in- The PRESIDING OFFICER. The Sen- President Kennedy. President Kennedy come fell 2.2 percent last year, the first ator’s time has expired. felt Government needed to do more for drop since 1991. So this legislation is Mr. LEVIN. I thank the Chair. the Great Society. He said we are going crucial for Michigan’s hard-pressed The PRESIDING OFFICER. Under to have to have more revenues. He said: workers and their families, as well as the previous order, the next 1 hour The best way to increase revenues is to for workers across the land. shall be under the control of the Re- decrease taxes. So President Kennedy This is not just doing what is fair and publican leader or his designee. decreased taxes and revenues in- what is right and what is equitable. The Senator from Oklahoma. creased. Those reasons ought to be sufficient. In f Mr. President, I say to my liberal addition to that, providing additional friends, I know they do not believe the benefits is a good stimulus for our ail- THE ECONOMY private sector and individuals left with ing economy. The money we are talk- Mr. INHOFE. Mr. President, it is my freedom in the their hands can operate ing about is money that will be spent. intent today to make a few comments as well as Government can. They are Those eligible to receive these benefits about someone I hold in such high es- wrong.

VerDate Sep 04 2002 00:52 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.005 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9783 NATIONAL 4–H YOUTH No Government program told them to 12, 2002, as ‘‘National 4–H Youth Develop- DEVELOPMENT PROGRAM WEEK do that. They just did it out of their ment Program Week’’. Mr. INHOFE. Mr. President, my wife hearts because they had leadership There being no objection, the Senate and I have four kids and 11 grandkids. they could look up to, the ultimate proceeded to consider the concurrent My youngest daughter Katie is the leader being Senator HELMS in this resolution. chairman of the Jesse Helms Fan Club. case. Mrs. CLINTON. Mr. President, I rise Katie, who looks like she is about 14 or Whitney Ferris, a 4–H club member today in support of this resolution to 15 years old, is in her thirties. She just and student at the Oklahoma State designate next week as National 4–H had her second baby. She has, I say to University, is one example of someone Youth Development Program Week. 4– my good friend, Senator HELMS, promi- who has given back to her community. H is a wonderful organization that pro- nently framed as you walk in to her She has used skills she has developed motes volunteerism and leadership home a picture of Senator HELMS hold- through 4–H to conduct leadership de- among this country’s youth. With the ing her first baby, Baby Kate. You see, velopment classes for Native Ameri- participation of over 415,000 youth in I have a wife named Kate, a daughter cans in the Chickasaw Nation. As a re- New York State, 4–H is a wonderful or- named Kate, and a granddaughter sult of her efforts, Whitney is now ganization devoted to enhancing the named Kate. The picture is promi- working with other Native American citizenship, leadership, and entrepre- nently displayed in her living room. tribes in Oklahoma to help them estab- neurial abilities of youth. She talks about this wonderful, lish development workshops in order to 4–H educates the young people in our gentle man in Washington who is dif- learn skills that will make them to- country by giving them the oppor- ferent than anybody else we have morrow’s leaders. tunity to learn by doing. 4–H empowers known in Washington. She says he has That is what we are really talking our youth in their local communities, to be the most lovable man in the his- about: tomorrow’s leaders. We would and encourages them to be active and tory of Washington, DC. like to produce more JESSE HELMSes to give back to their community. Jesse, I say to you, that is not just for this world. In New York State, there are many 4– one little girl talking. She speaks for Other OSU students, who are also 4– H clubs that are doing incredible so many people. H members, have won the prestigious things to help educate and shape our Since one of the programs that Sen- Truman Scholarship for their out- youth. ator HELMS has always held up and said standing academic and leadership In New York City young people learn is the greatest program because it does skills. more about science through the edu- not involve Government dollars, it in- Recently, I supported 4–H by request- cation programs of 4–H. In the middle volves putting into the hands of young ing funding for a national civic edu- of an urban area, they can learn about people in America the ideals that made cation program to be conducted by the agriculture and the source of their food this country great, I thought it would National 4–H Council. This program is through horticulture and hydroponics be appropriate if we adopt S. Con. Res. aimed at involving young people from projects. 143, which is the 4–H resolution. The all socioeconomic backgrounds in pub- In Syracuse 4–Hers are participating Senator from North Carolina has been lic policy and community involvement, in an Urban Delight program where such a prominent part and one of the with a special focus on community gov- young people participate in a farmers’ first cosponsors of this resolution. So ernance and leadership skills. market. They learn about where their let’s adopt this resolution on Jesse I have also requested funding for an food comes from and develop their en- Helms Appreciation Day. innovative Rural Health Outreach Pro- trepreneurial skills as vendors at the My resolution, S. Con. Res. 143, des- gram, which will be administered market. ignates next week, October 6 through through the 4–H Youth Development The Genesse County 4–H offers a Gov- 12, as the ‘‘National 4–H Youth Devel- Program. ernment internship program. Young opment Program Week.’’ This program will develop, imple- people are paired with county legisla- The 4–H Youth Development Pro- ment and evaluate an overall youth tors to learn more about local govern- gram sponsors clubs in rural and urban health promotion and awareness strat- ment. 4–Hers see first-hand the process areas in every county throughout the egy designed to target youth and their of decisionmaking that occurs in their Nation. As neighbors and colleagues, 4– families, particularly in rural America. local government. H members and volunteers are making It will also devise strategies to reach On Long Island, afterschool 4–H pro- a difference by pledging the four Hs: minority and disadvantaged youth and grams are enriching the minds of their ‘‘heads’’ to a clearer thinking, their families. young people through science and tech- ‘‘hearts’’ to greater loyalty, ‘‘hands’’ to 4–H is changing the lives of Amer- nology education. 4–Hers spend time in larger service, and ‘‘health’’ to better ica’s youth for a brighter, better to- computer labs, learning about tech- living for the club, the community, the morrow and I am proud to recognize nology. 4–Hers are also participating in country, and the world. this important program. a science program thats taken a hands- In an era when education is recog- Congratulations, 4–H, on your good on approach to learning chemistry by nized as more important than ever, 4–H work and your centennial. doing projects on topics such as water offers a variety of training through its I conclude by saying we have hun- quality, oil slicks, and clothing fibers. diverse programs. Young people gain dreds of thousands of kids around this In New York’s North Country, 4–H is experience and citizenship and civic country who are participating today alive and well. Youth have developed education, communications and expres- and have participated in this program. their entrepreneurial skills through op- sive arts, consumer and family I think that each one of them would erating a fish hatchery. They also en- sciences, environmental education and look up to the top and see one person rich their communication skills by earth sciences, healthy lifestyle edu- who really sets an example for what choosing a topic of interest and mak- cation, personal development and lead- truly makes America great, and that ing presentations at local, regional, ership, plants and animals, and science would be our good friend JESSE HELMS. and State events. and technology; and it goes on. I ask unanimous consent that the Ju- 4–H has made a commitment to be 4–H has grown to over 5 1⁄2 million an- diciary Committee be discharged from present on every military base. In par- nual participants from all ethnic back- further consideration of S. Con. Res. ticular, Jefferson County 4–H has grounds, ranging from ages 5 to 19. 4–H 143 and the Senate then proceed to its partnered with the Army at Fort clubs strengthen families and commu- immediate consideration. Drumm to provide educational oppor- nities and foster leadership and volun- The PRESIDING OFFICER. Without tunities to young people there. Mem- tarism for youth and adults. objection, it is so ordered. bers have access to national cur- I will say something about my State The clerk will report the concurrent riculum to provide them with the ma- of Oklahoma. Turning to a survey of 22 resolution by title. terials and information to pursue their counties in Oklahoma, 4–H members The legislative clerk read as follows: interests. and volunteer leaders participated in 4 A concurrent resolution (S. Con. Res. 143) 4–H is a strong link between a State million hours of community service. designating October 6, 2002, through October academic research institution, Cornell

VerDate Sep 04 2002 02:14 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.009 S02PT1 S9784 CONGRESSIONAL RECORD — SENATE October 2, 2002 University, and the youth of New York. and characteristics that guide 4–H Throughout the years I have met When West Nile Virus was detected in members through their daily activities. with many of Kansas’s finest young New York State, 4–Hers working with These principles have helped 4–H be- people. Many of whom I have rec- horses and other equine projects were come strong over the last 100 years, ommended for scholarships and awards, concerned for the health of their ani- and they will set the course for 4–H in had the honor to nominate to one of mals. Because of 4–H, information from the future. It is with great honor that the service academies, or had the the researchers at Cornell University I have this opportunity to recognize chance to meet and visit with in per- was disseminated to these young peo- such an outstanding youth organiza- son. I am impressed with the caliber ple to better educate them on the dis- tion. On behalf of all past and present and character that the young leaders ease and how to care for their animals. members of 4–H, I congratulate the or- in my state possess. Mr. President, I 4–H does incredible things for the ganization for its dedication, achieve- am equally impressed with the high 415,000 youth involved in New York ments, and continued success. percentage of these leaders who happen State. But it also provides incredible Mr. THOMAS. Mr. President, I would to also be members of 4–H. opportunities for adults to interact like to take this opportunity to ac- 4–H is an organization that strives to with young people. Over 22,000 adults knowledge the 100th anniversary of the ‘‘Make the Best Better.’’ I commend have volunteered to help guide the 4–H Youth Development Program and them for their efforts in providing to- young people and make 4–H programs express my support for the ‘‘National morrow’s leaders with the opportunity so successful. 4–H Youth Development Program to apply the valuable leadership skills I congratulate 4–H on 100 years of Week.’’ that they develop as 4–H members. helping to shape this country’s youth Since its inception, 4–H has played an Although 4–H began in rural America in a positive manner. With my col- integral role in extending agricultural over a century ago and has grown to leagues, I am pleased to request that education to young people all over the nearly 7 million members nation-wide, October 6–12 be designated as National country, particularly in rural areas it has remained consistent in its focus 4–H Youth Development Program like Wyoming. Being a former 4–H of being a positive and motivating in- Week. member has given me an even greater fluence in the lives of America’s youth. Mr. JOHNSON. Mr. President, I rise appreciation of one of America’s long- There is a reason that so many of the today to congratulate the youth orga- est serving youth development organi- young leaders from my state happen to nization 4–H for its achievement in de- zations. The four H’s—head, heart, also be 4–H members. 4–H has given veloping leadership among our youth hands, and health—are precepts I have them the guidance, the resources, the for 100 years. I have always been im- never forgotten. I still remember as a support, and most importantly the pressed by the leadership and enthu- high school student traveling away courage to face all the challenges and siasm shown by members of the 4–H from home for the first time to the Na- responsibilities that being a leader in- Program. More importantly, I have al- tional 4–H Congress and the positive volves. ways been a firm believer in the goals impact this organization has had on The events of September 2001 have taught us that tomorrow’s leaders will and directives of the 4–H Program. my life. Today, there are over 60 million 4–H continue to face new and difficult chal- Through participation in fairs and alumni world-wide, and the organiza- lenges. Therefore, Mr. President, I will shows, camps, gatherings, conferences, tion has expanded to meet new chal- also, in addition to offering well-de- Character Counts, and the inter- lenges of the 21st century. For exam- served praise to 4–H on a 100 years of national youth exchange, the 4–H Pro- ple, 4–H provides a number of edu- success, issue 4–H the serious challenge gram helps young people develop im- cational projects and activities in the to continue to work hard to keep the portant life skills, self-confidence, and areas of animal science, home econom- youth of today involved in their clubs a better sense of the world around ics, natural resources, handcrafts, as and their communities, so that they them. well as leadership and citizenship. may be prepared to assume the respon- I was proud to cosponsor the Na- Through these programs, young men sibility of leadership when they are tional 4–H Program Centennial Initia- and women have the opportunity to called to do so. tive, which President Bush signed into meet new friends, build self-confidence, Mr. President, I’d like to again con- law. This bill authorizes a grant to the learn to set and achieve goals, and de- gratulate 4–H on a century of service to National 4–H Council to conduct a pro- velop a sense of pride as they ‘‘learn by our nation’s youth and I wish them an- gram of discussions through meetings, doing.’’ These types of activities under- other 100 years of success. I thank my seminars, and listening on a national, score the importance of personal devel- colleagues. Mr. President, I yield the State, and local level on strategies for opment, as well as encouraging our floor. youth development. I can’t think of a youth to become involved in their com- Ms. STABENOW. Mr. President, better way to commemorate the 4–H munity. I am pleased to note that more today I rise to celebrate the 100th anni- Centennial than enacting this legisla- than 8,000 young people from the State versary of the 4–H Youth Development tion and looking ahead to the youth of of Wyoming have chosen to make 4–H a Program and to thank my colleagues our future. part of their lives. for their support a resolution intro- The 4–H Centennial Initiative is a The motto of 4–H is ‘‘To Make the duced by Senator INHOFE and myself wonderful example of a public-private Best Better.’’ I know that the organiza- last month. The resolution designates partnership to develop new strategies tion will continue to do just that and I the week of October 6, 2002 as ‘‘Na- for youth development. As our econ- commend their efforts to provide an tional 4–H Youth Development Pro- omy becomes increasingly global and even greater service to our country’s gram Week’’ and it was adopted by technology-oriented, we must ensure most valuable natural resource, our unanimous consent today. that our Nation’s youth are well-pre- young people. I am pleased to join Sen- Those who participate in 4–H pledge pared for the ever-changing demands ator INHOFE and many of my other Sen- their heads for clearer thinking, their and challenges they will most certainly ate colleagues in support of 4–H and hearts to greater loyalty, their hands face. The 4–H Program has long been a this Concurrent Resolution. to larger service, and their health to developmental foundation for South Mr. ROBERTS. Mr. President, I rise better living for the club, the commu- Dakota youth, and I am pleased that today to speak on behalf of the resolu- nity, the country and the world. this initiative will honor the celebra- tion that Senator INHOFE of Oklahoma, I have been a member, a leader and tion of the 4–H Centennial and enhance myself, and others today offer to des- an employee of 4–H. The skills and tal- this program for the 21st century. ignate next week, October 6–12, 2002, ents I learned with 4–H are ones I still Each time a young person recites the ‘‘National 4–H Youth Development Pro- use today. When I was a girl I learned 4–H pledge, ‘‘I pledge my head to clear- gram Week’’. to raise small animals, like rabbits. I er thinking, my heart to greater loy- I thank my colleague from Oklahoma also learned photography, sewing, alty, my hands to larger service, and for initiating this well-deserved tribute cooking and public speaking. Most im- my health to better living for my club, to 4–H for being such a positive influ- portantly, 4–H gave me self confidence. my community, my country, and my ence on tomorrow’s leaders—as it has This important program also taught world,’’ it reflects the important values done so well for the past century. me that adults need to share their

VerDate Sep 04 2002 02:14 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.004 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9785 skills and knowledge with children, The PRESIDING OFFICER. The Re- labeled ‘‘Senator No,’’ and they con- and I was happy to share what I had publican leader. demned him to the liberal version of learned later as a 4–H leader. Eventu- Mr. LOTT. Mr. President, parliamen- purgatory. I think what really made ally, I went to work for 4–H and set up tary inquiry: Are we now in a period of him mad was that Senator HELMS was an urban 4–H program in the south side time that has been set aside for the ap- the one politician who never really of Lansing, MI where I learned organi- propriate recognition of the great serv- cared too much about what the chat- zational skills. We went door to door ice of Senator HELMS? tering classes had to say. After all, he recruiting children to join as members The PRESIDING OFFICER. The Re- had been one of them. He pays atten- and identified adults who were willing publican leader is correct. tion to the English language. He was a to volunteer and share their knowledge f journalist. He had higher commitments and skills with the children. Soon we on which he was focused. TRIBUTES TO JESSE HELMS had a number of groups on topics like What counts to JESSE HELMS in the auto mechanics, carpentry, sewing and Mr. LOTT. Mr. President, it is with a end is what people say in Monroe, gardening, as well as a sports program. great deal of pleasure but also sadness Rocky Mount, Dunn, the larger cities I am proud that 4–H is celebrating its that I come today to pay tribute to the and hundreds of small towns and 100th anniversary. It is a pleasure to be great Senator from North Carolina— churches across the ‘‘Old North State,’’ one of the lead cosponsors of the bill sadness because I have enjoyed so as they call it in North Carolina. designating a week in honor of 4–H. I much knowing him and working with JESSE likes to tell a story recounted wish this organization many more him over the last 30 years, watching to him by another great North Caro- years of success, and I know that fu- him in the Senate and in North Caro- linian, the late Senator Sam Ervin, ture generations of children and fami- lina and across America, loving him in also a Democrat. When ‘‘Senator Sam’’ lies will have a better quality of life so many ways and being inspired by picked up a copy of the Charlotte Ob- because of 4–H. him. server one day and read what it had to Mr. INHOFE. Mr. President, I ask I remember when I first came to the say about him, he shook his head in unanimous consent that the resolution Senate, he said: Thank goodness the disgust. The fellow selling the paper and preamble be agreed to; the motion cavalry is arriving. was an old man named Lum Garrison. to reconsider be laid upon the table; I said: Senator HELMS, we will be and that any statements regarding this Senator HELMS liked to talk about glad to be the light cavalry for your Lum Garrison. matter be printed in the RECORD. The PRESIDING OFFICER. Without heavy artillery any day. When Lum saw how upset the Sen- objection, it is so ordered. So it is a moment of sadness but also ator was, he said: Don’t worry, Sam. The concurrent resolution (S. Con. of celebration of a great life, a great The Charlotte Observer don’t know Res. 143) was agreed to. Senator, a lovely wife and a great fam- nothing and they got it mixed up. The preamble was agreed to. ily. Dot Helms is just the sweetest Incidentally, it was JESSE’s friend The concurrent resolution, with its woman in the world. We come today to Sam Ervin who walked out of his home preamble, reads as follows: wish them much happiness and many in Morganton, NC, when Senator S. CON. RES. 143 years of enjoying their grandchildren HELMS was in the political fight of his Whereas the 4–H Youth Development Pro- and their beloved home in North Caro- life in 1984, faced down the news media gram celebrates its 100th anniversary in 2002; lina in the years ahead. So it is with and endorsed JESSE HELMS for reelec- Whereas members of the 4–H Youth Devel- mixed emotions. tion. Senator Ervin bucked his own opment Program pledge their Heads to clear- When the Duke of Wellington peered party and his Governor when he said er thinking, their Hearts to greater loyalty, through his spyglass and saw Napoleon there are many intelligent people in their Hands to larger service, and their astride his white charger crossing the public life but few of them are coura- Health to better living for the club, the com- field of Waterloo, he turned to an aide ESSE ELMS munity, the country, and the world; geous. J H is courageous. Whereas the 4–H Youth Development Pro- and said, ‘‘The wave of his hat is worth That was from Sam Ervin. gram sponsors clubs in rural and urban areas 40,000 men on the field.’’ If we listen to what some people say, throughout the world; For me, and many others, that is the we would not know that JESSE is the Whereas 4–H Clubs have grown to over way it is when JESSE HELMS walks on son of a small town sheriff, and that he 5,600,000 annual participants ranging from 5 to the floor of the Senate. Like his and his beloved wife of 60 years, Doro- to 19 years of age; mentor Richard Russell, a Democrat, thy—or ‘‘Dot’’—have three children, Whereas 4–H Clubs strengthen families and JESSE HELMS transcends his times. He one of them adopted, and seven grand- communities; Whereas 4–H Clubs foster leadership and is the Senator’s Senator. children. We would not know that volunteerism for youth and adults; To many of us, JESSE HELMS is a hero JESSE HELMS was the father of the Whereas 4–H Clubs build internal and ex- of almost mythic proportions. To those United Cerebral Palsy Telethon and ternal partnerships for programming and re- of us from the South, he exemplifies that he never lost an election, whether source development; what we were taught in Sunday school it was for the Raleigh city council or Whereas today’s 4–H Clubs are very di- and aspired to be—the true gentleman, the Senate. We would not know it was verse, offering projects relating to citizen- soft spoken, innately fair, unfailingly JESSE HELMS who defied a sitting Re- ship and civic education, communications courteous, and a man to whom his word publican President to rescue the mori- and expressive arts, consumer and family sciences, environmental education and earth is his bond. That is the JESSE HELMS bund candidacy of a former actor and sciences, healthy lifestyle education, per- that so many of the staffers and so Governor of California in the 1976 sonal development and leadership, plants, many of us know on a personal basis. It North Carolina Republican primary, animals, and science and technology; and is not necessarily the one that one has thus laying the groundwork for the Whereas the 4–H Youth Development Pro- seen portrayed sometime in the media, Reagan revolution 4 years later. We gram continues to make great contributions but that is the one we really know, an would not know that the positions he toward the development of well-rounded incomparable gentleman. championed singlehandedly for so youth: Now, therefore, be it For 30 years, he has combined the Resolved by the Senate (the House of Rep- many years, the sanctity of life, small- resentatives concurring), That Congress— rare qualities of humility and vision; er government, lower taxes, welfare re- (1) recognizes the 100th anniversary of the love of country and statesmanship; and form, prayer in schools, and an Amer- 4–H Youth Development Program; a faith in God and freedom that made ican-centered foreign policy are now in (2) commends such program for service to him a legend across many parts of the mainstream of American political the youth of the world; America and around the world. thought. (3) designates October 6, 2002, through Oc- Senator HELMS believes that the Senator HELMS is an uncompromising tober 12, 2002, as ‘‘National 4–H Youth Devel- most sublime word in the English lan- foe of the enemies of freedom. When opment Program Week’’; and guage is ‘‘duty’’—duty to God, to coun- some politicians were trying to make (4) requests that the President issue a proclamation calling on the people of the try, to the Constitution, and to family. peace with communism, accepting the United States to observe ‘‘National 4–H As I noted, if one reads some of the ‘‘inevitability of history,’’ JESSE jeered Youth Development Program Week’’ with national media, they get a completely the Soviet Union and its acolytes, appropriate ceremonies and activities. different impression. He long ago was echoing Winston Churchill’s words,

VerDate Sep 04 2002 00:52 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.030 S02PT1 S9786 CONGRESSIONAL RECORD — SENATE October 2, 2002 ‘‘We will have no parley with Com- have been here—and I haven’t been you are somewhat conservative, to try munists or the grisly gang who worked here that long—who has been as cour- to please your critics; to pick up the their wicked will.’’ He gave inspiration teous and as generous and as kind as he editorial page of the New York Times to Margaret Thatcher and Alexander dealt with people around him. He is the or Washington Post every morning and Solzhenitsen and freedom fighters true gentleman. just move in that direction because throughout the world. He was a friend Two of my children had the oppor- there is a tendency on the part of ev- of Sadat and Begin and championed the tunity to serve here as pages. In com- eryone, and I think particularly those cause of the American military when ments to me after their days working in public life, to want to be liked. They that cause was in some ways out of here, there were some instances where want to be appreciated. Senator HELMS favor. people had not necessarily been all has resisted that temptation. In the 1970s, when some people would that kind to them. But the one com- After I first came to the Senate—of say freedom was in retreat, no one was ment that always came through was course, I had admired him for many as fearless or courageous in crusading that Senator HELMS was the most in- years—I went by his office to see him, for liberty as JESSE HELMS. When he terested in them, the kindest person, and I looked up on his wall and there spoke, the Kremlin and Castro trem- the person who always took the extra was a vast collection of cartoons. I am bled. time to come down and talk with the sure Senator HELMS will agree with The great English Prime Minister pages. That reflected his attitude to- me, not many of them were com- William Gladstone noted that the Sen- wards all of us. When I first arrived in plimentary. It struck me instantly ate was one of the most remarkable po- the Senate, he made an extra effort to that this was a man who really de- litical institutions invented by the make me feel comfortable as a new lighted in confounding his critics; in mind of men. Member. It is that courtesy which real- not yielding to those kinds of attacks. This place has been witness to some ly defines his nature so well. So we are That, it seems to me, is a man of prin- great giants, men and women, who going to miss him immensely. He is, ciple and of conviction. have made a difference. Obviously, we has been, and I am sure will continue JESSE and I had one other thing in all think about Webster and Clay and to be a spokesperson for many of the common. That was the burden of deal- Calhoun and Russell. When JESSE causes in which I believe and which he ing with a particular agricultural com- HELMS retires to North Carolina with has done so effectively. modity that is quite common in our Dot, he will join this rollcall of Amer- We will miss him because he brought two States. I might say to my friend, ican heroes and take with him the grace, decency, and courtesy to this Senator HELMS, I had a chief of staff thanks of a grateful Nation. body. So it is a pleasure for me to rise one time who said you ought to get We won’t see his like again anytime and thank him, with my colleagues, for combat pay for working for a Kentucky soon. You have earned, Senator HELMS, his exceptional service to our Nation. Senator because on the agenda every as you leave this institution, the rec- Mr. HELMS. Thank you. week, of course, we had the tobacco ognition of having done the job, having The PRESIDING OFFICER. The Sen- issue, America’s most politically incor- completed the race. ator from Kentucky. rect activity. So as soon as I got to the Mr. HELMS. Thank you. Mr. MCCONNELL. Mr. President, Senate in 1985, I was immediately Mr. LOTT. ‘‘Well done, my good and today we bid farewell in an official sort thrown into one of the many crises. It faithful servant.’’ Thank you so much of way to our friend and colleague from seems as if we have nothing but crises for what you have done for all of us. North Carolina, whose career has, in- in the tobacco area. But indeed the cri- I yield the floor. deed, been extraordinary. As Senator sis of the day in 1985 was the Tobacco The PRESIDING OFFICER. The Sen- LOTT and Senator GREGG have said, if Reform Act. I had a chance to get to ator from New Hampshire. you took a poll around here of people know JESSE up close and personal very Mr. GREGG. Mr. President, I wish to who actually work in the Capitol—the quickly after getting to the Senate be- join my colleagues today in thanking pages, the staff, and the Senators— cause we had a common interest in try- Senator HELMS for his extraordinary Senator HELMS would win hands down ing to protect the income and the live- service to our Nation. as the nicest man in the Senate. lihood of thousands of tobacco growers When I was younger, in my college There is an extraordinary disconnect in our State who make a living raising days, going through my early experi- between the JESSE HELMS that we a legal crop. ence in government in New Hamp- know and love and the one portrayed in These are Godfearing, honest people shire—which tends to be in the more the media, an incredible disconnect, engaged in a legal activity who have liberal bastions of the regions of our because nothing could be further from been under assault certainly for as long Nation, dominated by those on the the real JESSE HELMS than the one fre- as I have been here, and I know it left—in the press, with whom JESSE quently portrayed by the fourth estate. started before I got here. So JESSE and HELMS has dueled for so many years, How did that come about? I think it I had a bonding experience trying to Senator HELMS was characterized came about for this reason, as was said deal with the politics of tobacco, a sit- sometimes in not all that flattering a of our friend JESSE by Fred Barns, one uation in which tobacco growing is manner by the news outlets to which I of the most respected conservative col- popular in two States and which is had recourse, such as the Boston Globe umnists and commentators around widely looked down on in 48 others. or New York Times or even the na- town: Those are some of the challenges we tional media. Helms has gained respect, not as many have shared over the years. But you could sense, cutting through conservatives have, by moving left. Helms I also have particularly appreciated all that clutter, this was an individual has earned it the hard way, by not moving at Senator HELMS’ strength and convic- of courage and purpose, a man who all. tion in the foreign policy area, an area stood for what he believed in and was By not moving at all. There are con- to which you have devoted an enor- willing to carry those beliefs forward, venience politicians and politicians mous amount of your time during your even when they were not popular. with conviction. JESSE HELMS is the service here. There is no question you His direction, his willingness to most conspicuous example in the Sen- have made an enormous difference stand up and say what he believed was ate today of a politician who acts on through your leadership as both chair- right, is the essence of what it takes to conviction. So as a result of that, he man and ranking Member of the For- be an effective member of a legislative enjoys wide respect throughout the eign Relations Committee. We all look body, in my opinion. But, more impor- Senate, both left and right, because we up to you. We admire your work. tant even than that—maybe not more know when JESSE speaks he is speaking As others have said, and as others important but equally important as his from the heart. He is doing exactly will say after I sit down, you will be commitment to his purpose and his what he thinks is in the best interest missed around here. We love you and cause, was the fact that he did it in of his State and in the best interest of we love Dot. It won’t quite seem the such a gentlemanly way. I do not be- America. same with you not around. But I know lieve there has been an individual who There is an enormous temptation that you will go back home and enjoy has passed through this body since I once you come here, even if you think North Carolina and enjoy your family.

VerDate Sep 04 2002 01:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.019 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9787 I am confident you will keep up with anything. They just said do not do it two things. No. 1, if you are going to what we are up to, and, if you dis- again. debate the Senator from North Caro- approve of anything we are doing, I ex- The next time I was on the floor of lina, come prepared with the facts. No. pect you will call us. We will look for- the U.S. Senate, and the first time I 2, understand that his reach goes far ward to receiving your advice. really spoke spontaneously on the beyond North Carolina. Let me say good-bye in an official floor, was to my friend JESSE HELMS. I It did even then as a new U.S. Sen- sort of way to your tenure here in the remember he was a junior Senator with ator, a freshman U.S. Senate. I quoted Washingtonian Maga- immense experience. He had been an Senator, the Senator from North zine which recognized JESSE HELMS as administrative assistant to one of the Carolina, walked on this floor. From ‘‘The Nicest Senator.’’ leading Senators in the U.S. Senate. He the day he arrived, he had an impact. I I yield the floor. knew the place. He knew the system. do not think that can be said of any- The PRESIDING OFFICER. The Sen- He was standing at the desk, if I recol- one, I say to Senator HELMS, in our ator from Nevada. lect, in that quadrant in the back. He class. We had a big class. There were, I think, 13 new Members that year. Far f was on the floor. There was another Senator from Kentucky named Marlow and away, the man who stood out was EXTENSION OF MORNING Cook who was standing on the floor. He the Senator from North Carolina. He BUSINESS was moving what is the most thankless has stood out every day since then. Mr. REID. Mr. President, we have an job in the U.S. Senate for any Senator It is no surprise to anyone here the order for morning business until 11:30. other than being on the D.C. Com- Senator from North Carolina, Senator The PRESIDING OFFICER. That is mittee; that is, he had the responsi- HELMS, and I have not always seen eye correct. bility of moving the legislative appro- to eye. We come from different polit- Mr. REID. There appears to be a priations bill. ical points on the spectrum. We have number of people who wish to speak for I walked onto the floor to see what had some heated debates. The Senator Senator HELMS, and we are happy was going on. I was literally walking advocated some positions I would fight about that. We also want to make sure through. We had a committee meeting to my dying day to defeat as he would we have our half hour from 11 a.m. which had ended. I walked over to see things I proposed which he feels in until 11:30. I think it would be in every- what the state of play was. I was aware principle are not the way to go. One of the magic things about this one’s best interest to extend morning of the junior Senator from North Caro- place I learned from Senators with business until 12:30—an additional lina. My seat used to be in the very whom Senator HELMS and I served hour—and equally divided between back corner. I walked onto the floor when we first got here—Senators such both sides. I ask unanimous consent through that door, walked across, and as Goldwater, Humphrey, and Ken- that be the case. stopped where the junior Senator from nedy—is you can have serious disagree- The PRESIDING OFFICER. Is there North Carolina was. There was a heat- ments on this floor about the direction objection? Without objection, it is so ed debate going on between the junior ordered. of this Nation, but that is no excuse to Senator from North Carolina—Sam be personally disagreeable. The PRESIDING OFFICER. The Sen- Ervin was the senior Senator—and ator from Delaware. I can remember—as my friend from Marlow Cook, the Senator from Ken- North Carolina can, as can my friend Mr. BIDEN. Mr. President, this is a tucky. It was about either staff pay or happy day in the Senate. We are here from New Mexico, who came the same Senators’ pay, or whatever it was, and year, and as can the Senator from to talk about our buddy, JESSE HELMS. the Senator from North Carolina, as It is a sad day in that we talk about Alaska, who was here before us—the usual, was making a very compelling day when Hubert Humphrey walked on JESSE HELMS leaving. Other than the case as to why we should be basically Senator from Alaska, there is no one the floor literally dying, and we not paying anything. watched Barry Goldwater walk up to who has served longer with JESSE I am only kidding, JESSE. It was him, embrace him, and put his arms HELMS than I have. We came here dur- close to that. around him in that well, and both of ing the same election cycle, and we I stood there on the floor, and as I them cried. These were men of opposite came here the same day. We started off have done many times in my 30-year sides of the political spectrum of the with a rocky start. I was a 30-year-old career in the U.S. Senate, I did not lis- day—two leading figures in American kid who had only been in this Senate ten to the admonition I am told you politics representing the left and the once before in my life. That was when used to be given by the Speaker of the right, and they stood in that well and I came on the floor of the U.S. Senate House, Sam Rayburn. I am told in his embraced. They embraced in an emo- while spending a weekend at George- board-of-education way he used to say tional moment no one could misunder- town University. Back in those days, to new Members of the House back in stand the meaning of. It was real. It you didn’t have all the guards and all the 1950s, If you can say nothing, say was genuine. It was deep. the security. I came in Saturday morn- nothing; if you can nod, don’t speak; if It is, in my view, the unique and, I ing. I was mesmerized by this magnifi- you don’t have to nod, don’t do any- think, single most endearing feature of cent place. I walked in the back doors. thing or something to that effect, this body, the U.S. Senate. They were open. I walked right meaning keep your mouth shut. If we serve here long enough, and if through. The Senate had been in on I have often broken that rule, unfor- we are smart enough, we understand Saturday. I was unaware it had been in tunately. I stood there listening to this that it is not appropriate to question session. By the time I got here, it had debate, and I spoke up. I made the mis- the motivation of a Senator for what gone out of session. I literally walked take of taking on the Senator from he or she is proposing. It is totally ap- onto the floor of the Senate. I was ab- North Carolina. propriate to question their judgment. solutely, as kids used to say, blown He won’t remember this. It is totally appropriate to question away. I stood there in awe. I literally The result was I ended up with a whether they are right. It is totally ap- stood at that door. I walked up there. black-box editorial—literally, an edi- propriate to disagree. But it is inappro- No one was here. I stood where the Pre- torial on the front page of the New priate to question the motivation of a siding Officer was. The next thing I Hampshire Manchester Union Leader Senator because the men and women knew, this guy grabbed me by the with a big black box around it, which who come here are men and women of shoulder and put me under arrest. He used to be done by Mr. Loeb in those honor. They come here because they was a Capitol policeman. He took me days, talking about the audacity of the care deeply about the fate of their Na- downstairs. young Senator from Delaware taking tion. They care deeply about specific Most people do not know there is a on the point being made by the Senator issues, and some intensely on some Capitol police office in the basement of from North Carolina. That was my first issues. the Capitol. He took me down there, encounter of debating the Senator. It The thing that I think the Senator and he was going to arrest me for tres- warranted me a front-page article in from North Carolina embodies most is passing. He realized I was just a college the Manchester Union Leader that was that tradition that no matter how in- kid who was in awe. They didn’t do not flattering at all, which taught me tensely you disagree on the issue, the

VerDate Sep 04 2002 01:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.016 S02PT1 S9788 CONGRESSIONAL RECORD — SENATE October 2, 2002 Senator from North Carolina, speaking the privilege to serve with JESSE up And, yes, I will miss his warmth. for myself, has never, ever questioned close and personal for a long time have Though some might not always see it, my motive, never, ever questioned my seen some of what Mrs. Helms has seen it is there, I can assure you. desire to do good, whether or not he and what a lot of the world does not Some of my more combative Demo- thought what I was proposing would, in see. They see the gentlemanly side of cratic friends might be skeptical of me fact, ‘‘do good.’’ him. They see the courtly side of him. for saying these things, but they don’t We have not agreed on a lot of They appreciate him. But they do not know JESSE HELMS like I do. things, but we have also agreed on an fully understand the depth of the com- They don’t know that even if you awful lot of things. I can tell you that passion, the depth of the friendship, find yourself precariously balanced on I will miss Senator HELMS. the depth of the loyalty that resides in your side of the political spectrum, in Let me tell you, with, as they say in that man JESSE HELMS. the heat of a debate, whether it is on this body, a point of personal privilege, There was a guy named Bud Nance. If foreign aid, on issues of war and peace, a few stories about Senator HELMS. you knew Bud Nance, you knew JESSE civil rights, equal rights, constitu- There are two figures remaining in HELMS. If you knew how Bud Nance tional law, whatever the issue, Senator the Senate who are, for either political adored JESSE HELMS, that would be the HELMS may disagree with you and extreme, left and right—left of the second piece of evidence you would point out the holes in your argument, Democratic Party and right of the Re- know of what a fine man this man but you can count on him to hold out publican Party—who are lightning JESSE HELMS is. his hand. rods. It is Senator HELMS in the Repub- JESSE, I love you. I think you are He holds strong views, but he is ex- lican Party and Senator KENNEDY in dead wrong on the issues, still. I dis- ceedingly respectful—a gentleman the Democratic Party. They are sort of agree with you completely. As you committed to his position but willing the icons of both parties. They are men said, when I cast my 10,000th vote, you to listen to yours. who are revered in their parties. They congratulated me as the youngest man He is, in the truest sense, a man of are both nationally known. in history to have cast 10,000 votes, and honor and considerable decency. And, I can say what a lot of people don’t lamented it would have been better had quite frankly, there are no qualifies know about the Senator from North I cast some of them the right way. And more important to this Chamber. Carolina: For all the intensity with I understand. We both feel that way Few Senators in my tenure have which he takes on issues, for all the about each other’s voting record. played as significant a role in the af- depth of his feelings about issues that But I want you to know how I person- fairs of this Nation as JESSE HELMS. But the most remarkable thing about are so socially highly charged—left and ally feel about you and how I think the this man is that, not withstanding his right—this is a man who has a very, vast majority—anybody who has got- impeccable conservative credentials, very soft side. ten to work with you as closely as I I had gone to the Senator, when I was have—feels about you. I am going to when confronted with new facts and the ranking member of the Foreign Re- sincerely miss you, JESSE. And we are new ideas, he has always been at least lations Committee, and indicated to going to miss your courtly manners. willing to listen. A perfect example was his leadership him—not even asking but lamenting— We are going to miss the fact that in reconciling and restoring the posi- the fact that I did not have enough whenever there is a crunch, one of the first guys to step up to offer help is tion of the United States at the U.N. staff allowance to hire certain people. And, while chairman of the Foreign And the Senator from North Carolina JESSE HELMS. But I have no doubt you will still be Relations Committee, he directed and said: Take my money. The Senator there for me. I have no doubt you will accomplished the most significant re- from North Carolina said: Who do you still be there for the rest of us. We need organization of the State Department need? What do you need? OK. you. in recent memory. He did not have to do that, by the Some think JESSE HELMS and I could Having served with JESSE HELMS for way. Many other committees around not possibly see eye to eye, that we almost 30 years, I can tell you, on a here fight tooth and nail over exactly come from opposite points on the polit- personal level, he is one of the most who is going to get to be the doorman ical spectrum. There is no denying that thoughtful, considerate, and gracious to whether or not you have to sign off is true. Senators to grace this Chamber. to get stationery. Not the Senator Senator HELMS has advocated some If you knew Mrs. Helms, his beloved from North Carolina, not the Senator positions I would fight to my dying Dot, you would know why he is this from North Carolina. breath to defeat but he also represents way. When I was ill, it was the Senator the best of this institution. He is a Senator HELMS and I arrived here the from North Carolina who was on the friend, an honorable Senator who holds same day and took the oath together. phone immediately checking to talk to boldly to his values, and yet has al- Before he came, he served in the my doctors to make sure he thought I ways held to the civility of debate in Navy in World War II. As a broadcaster had the right doctors, and checking at the pursuit of comity. and journalist, Senate staffer, editor of Walter Reed regularly to see how I was Some said he and I couldn’t possibly a banking publication that he made the doing. work together on the Foreign Rela- largest in the Nation, a broadcaster If you want to understand something tions Committee. CEO, editorial writer, city councilman, about Senator HELMS, you ought to In fact, I think we have worked very a Baptist deacon, a Sunday school meet Mrs. Helms. well together and I think he would teacher, and a U.S. Senator, JESSE If you met Mrs. Helms, who is one of agree. HELMS has served with distinction. the finest, most decent women I have We may not have agreed on many of These 30 years have passed all too ever met—she is the definition of a the important issues that have faced quickly. But I am honored to have lady—you would understand the depth this Nation. In fact, we probably known him. I am proud to have worked of JESSE HELMS. For a woman of her haven’t agreed on most of them. with him, especially over these last 6 grace, a woman of her compassion, a But I can say this: I will deeply miss years. woman of her depth, to love and be de- Senator HELMS. I will miss his voice in I have learned much from him, and voted to this man as deeply as she is, this Chamber. I will miss his counsel. I will continue to seek his counsel and you know, you know, you know there will miss his genuine kindness. His de- his advice. has to be something awfully, awfully, votion to his duty and the dignity with William Penn said, ‘‘A good friend awfully good about JESSE HELMS. which he unfailingly performs it. . . . advises justly, assists readily, ad- My mom has an expression. She says: I will miss his brand of leadership. ventures boldly, takes all patiently, de- If my children love somebody, I love That determined, dedicated, forceful, fends courageously, and continues a them, too, because I know how good committed leadership, that leadership friend unchangeably,’’ JESSE HELMS they are and they could not love unless that comes from a deep and abiding has been a good friend, and I expect to there was something there. concern for this Nation and from deep- continue our friendship as well as our Dot Helms adores JESSE HELMS, as he ly held values and beliefs which he debate long after he leaves this Cham- adores her. Those of us who have had fights to uphold. ber. He will, indeed, be missed.

VerDate Sep 04 2002 02:14 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.021 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9789 I thank my colleagues for the ex- sonal experience with Senator HELMS where the fight was rising as to what tended time. I could talk for an hour on that level. I say here, as I have said would happen in this situation. I had about what a good man JESSE HELMS to him before, myself, my wife, my expressed myself on one side of that is. family, we will never forget—as long as issue and had not realized what I had The PRESIDING OFFICER. The Sen- I am alive—the way Senator HELMS done by virtue of that expression be- ator from North Carolina. treated us during that time. cause as we were in the Republican Mr. EDWARDS. Mr. President, it is It meant an unbelievable amount to cloakroom that late night, someone an honor for me to be able to come us, Senator. said to Senator Dole: What about the down this morning and speak to my I thank him on our behalf. I thank NEA? As he walked through these colleague and on his behalf, a colleague him on behalf of all of the people of doors on to the floor, leaving us all be- who I have now had the privilege of North Carolina for whom he has done hind, he said: BENNETT is going to han- serving with for 4 years in the Senate. so much for so long, the many lives dle that. I say, first, to Senator HELMS, and to that he touched, in a very positive I suddenly realized I had a responsi- Dot, his wife, thank you for the ex- way, below the radar screen, in ways bility I hadn’t known about. I took up traordinary kindness you have shown that people don’t see or don’t hear but, what could only be called Kissingerian to myself, my wife, and my family. more importantly, they know about. I shuttle diplomacy between the Repub- Senator HELMS knows—and Jimmy thank him personally for being my lican cloakroom, between JESSE HELMS Broughton is sitting beside him, and friend during the time I have been in and TED KENNEDY and PAT LEAHY on other members of his staff are on the the Senate. the other side, and back and forth. Fi- floor—he also has an extraordinary I yield the floor. nally, I arrived at a deal. I thought I group of people working with him, not The PRESIDING OFFICER. The Sen- understood the terms of the deal and just here in Washington but also back ator from Utah. took it back to the Democratic cloak- in North Carolina, because our folks in Mr. BENNETT. Mr. President, I join room: If you will allow this, JESSE will North Carolina have had the privilege with my colleagues rising not to bury allow that. We will get it all done. of working with Senator HELMS’ staff JESSE HELMS but to praise him. We can Grumbling and complaining a little, in North Carolina. take Shakespeare and turn him on his the Democrats said: All right, we will As I said—and I am sure Senator head for just a moment. at least keep the NEA alive. We will HELMS heard while he was off taking I find it interesting that there are give JESSE his pound of flesh. We don’t care of his health—his office ran very some people in the press gallery. That like it, but this is where we are. smoothly. Sometimes I think, Senator is not very often the case in this situa- I reported that to Slade Gorton, HELMS, both of our offices run more tion, in this circumstance in the Sen- chairman of the subcommittee han- smoothly when we are not there. But ate. I welcome the presence of report- dling the appropriations. He said: It is they did a terrific job in your absence. ers who will pay attention now as Sen- too late at night. I know you are not surprised to hear ators talk about JESSE HELMS, because My memory is, this was about 10:30 that, but we are proud of the work they the press, for JESSE’s entire political or 11. did. I know you are proud of the work career, has made a caricature of this He said: It is too late tonight. We they did then and have always done on man, outlined him as some kind of a will do it first thing in the morning. your behalf. demon, some kind of an anti-intellec- The next morning came. I went to I have had the privilege of going tual, some kind of a throwback to an Slade and repeated the terms of the around my State for the last 4 years earlier time, and that the body politic deal as I had understood them. He said: now, talking to people about what they would be best served if somehow he Fine, let’s go ahead. need, the problems they are faced could be removed from it. JESSE was in the cloakroom, and I with—whether it is farmers, whether it He has demonstrated his appeal to went to the cloakroom to tell him we is textile workers who have lost their the voters of his State and has stoutly were about to implement this deal. He jobs, people trying to get a relative a resisted the attempts of those to re- looked at me—a very young, new, fresh visa, whatever it is—and you cannot move him from politics. Now he has de- Senator—and he said: Senator, that is hardly move in North Carolina without cided that the time for retirement has not my understanding. That is not finding people who Senator HELMS has come. He is leaving at the top of his what I agreed to. touched over the time he has been in game and on his own terms. My heart fell. I didn’t know what to the Senate. I listened to the stories being told by say. Here was this pillar of the Senate The people of North Carolina will those who have served with JESSE for a who had staked his reputation on this never forget the work and the kindness long period of time. I have not had that particular fight, and he said: If I agree and the personal attention that he has privilege because I have not been here with that, that means that I have given to them. He has been a relentless that long. I have my own story to add, agreed to vote against my own amend- advocate for the people of our State which demonstrates a side of JESSE ment. I can’t do that. and all the problems they face. that needs to be on the record and, I looked at him in great agony, and I The people here in Washington and once again, people in the press need to said: Senator, this will set off a whole around the rest of the country see a understand about this man. filibuster, a whole disaster on the other certain side of Senator HELMS. Senator My story arose from the fact that I, side. I have told the Democrats that BIDEN just mentioned this. Senator too, disagree with JESSE HELMS on oc- this is what it would be. HELMS knows well he and I do not casion. The issue on which I disagree That is what I had understood. I agree about a lot of things, but there is with JESSE HELMS has to do with the didn’t have any solution. I was just a side of him that most people here in National Endowment for the Arts. I there trying to figure out where I had Washington do not get to see, at least have been dedicated to support for the gone wrong in going back and forth. not publicly—the people who work in arts all of my life. I have been enriched JESSE HELMS looked at me, and he the Senate see it—which is the extraor- by association with the arts. In my said: Senator, that is not my under- dinary kindness and friendship that he home, food was a necessity, but music standing of what we agreed to last shows basically to anyone who touches lessons for the children were almost as night. But if that is your under- him. big a necessity, at my wife’s insistence. standing and you have pledged your We had a meeting of Senators a few We have supported the symphony, op- word to the other side that that is weeks ago to talk about how we should eras, things of that kind, all of our what you will deliver, I will honor your deal, as publicly elected officials, with lives. agreement. people who we represent who are faced So when the Gingrich revolution oc- There are not many around here who with a tragedy of one kind or another. curred in 1994 and the House sent us an would do that, not many Senators who And I used Senator HELMS as the best appropriations bill that would have would take a position that was con- example I could ever imagine for some- eliminated the National Endowment trary to that which they had publicly one who knows how to deal with those for the Arts, I found myself in that bat- espoused for decades, to keep an agree- kinds of problems, having had a per- tle. We came to a late night session ment, when the Senator believed the

VerDate Sep 04 2002 01:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.023 S02PT1 S9790 CONGRESSIONAL RECORD — SENATE October 2, 2002 agreement was not what he had agreed Mr. President, saying farewell to my not have the depth of relationship with to. There are not many senior Senators friend that I have known for these Senator HELMS as do many who have who would defend the honor of a junior three decades is difficult. There aren’t gone before me this morning. But I Senator to make sure that the junior many of us left, JESSE. We are going to have served with JESSE HELMS for 6 Senator was not embarrassed. miss you, and we are going to miss Dot. years, 4 of those under his tutelage as I have told that story a lot. I have Dot’s happy smile and her energy has chairman of the Senate Foreign Rela- told that story to the supporters in the been a great support for JESSE, and as tions Committee. I don’t know of a NEA, both in my home State and in we wish him Godspeed, we want to in- Senator with whom I have served in Washington. I have said to them: You clude Dot, too, because they are a my short term in this body who has need to understand JESSE HELMS. Yes, team. been more fair, more direct, and more you will disagree with him. You believe As they enter this new phase of their complete than JESSE HELMS. I think that he is a philistine when it comes to lives, we thank them for their dedica- that is in itself a great testament to the arts; you don’t understand how he tion and hard work, for the elegant the man, yes, and to the Senator. can possibly hold the position. But you manners they have brought to the Sen- I have not always agreed with Sen- need to understand the integrity of ate, and for all that you have done to ator HELMS, but he has always afforded this man, the compassion of this man, earn what we are saying today. me the courtesy of not only an oppor- and the willingness of this man to keep You deserve every word I have heard tunity to explain my position but en- alive important personal relationships today, JESSE. You are a great friend, a couraged me to explain my position, to see to it that the Senate works. great patriot, and I hate to see you go. even when he disagreed. That, too, is a This was an action on his part to see Thank you very much, Mr. President. measurement of the man and of the The PRESIDING OFFICER (Mr. NEL- to it that the Senate worked. I am Senator. grateful to have had the experience. I SON of Nebraska). The Senator from You especially, Mr. President, know am grateful for the opportunity of re- Nebraska, Mr. HAGEL, is recognized. that west of the Missouri in the land Mr. HAGEL. Mr. President, I rise this peating it to those who might not un- on the prairie called Nebraska, we have morning to join our colleagues in rec- derstand this man. And like those who fallen on dark times. I don’t speak of ognizing a part of an institution that have spoken before, I will miss him. the drought but of our football team. I unto himself is an institution. I pay whatever tribute I can in my never thought I would be in a position Senator HELMS will retire this year humble way to the public service and to be envious of the football team of the public integrity and the example of after five distinguished terms in the Senate. He has had a remarkable 30 the senior Senator from North Caro- JESSE HELMS. lina, but I am this morning. I, of The PRESIDING OFFICER. The Sen- years of service in the Senate. course, attribute his leadership and in- ator from Alaska. Senator HELMS began his service to Mr. STEVENS. Mr. President, in an our country in the U.S. Navy during spiration to their great football team era when courtly manners are seldom World War II. He has always been a this year. His wife Dot has been mentioned this observed or practiced, my friend JESSE supporter of a strong U.S. military and morning, and I wish also to acknowl- HELMS has embodied the spirit of a the need for a forward thinking Na- true southern gentleman. For almost tional Security Policy. After his mili- edge Mrs. Helms, for it is Mrs. Helms, as much as any one individual who has 30 years, Senator HELMS has provided a tary service, Senator HELMS had a model of gentlemanly bearing for a colorful career as an editorial commen- shaped and molded this fellow from younger generation that is used to tator in radio, television and print North Carolina, this individual who not much more casual conduct. His old- media. He also served as Administra- only has given 30 years of his life to the fashioned gentility will be sorely tive Assistant to United States Sen- Senate, but has given a great majority missed in these Halls. ators Willis Smith (D–NC) and Alton of his almost 81 years to this country. The two of us have been together a Lennon (D–NC) in the early 1950’s. His Some of us who have had the honor great many long nights in the Senate. interest in serving the public continued of serving our Nation in uniform more Despite his gentle southern drawl, it to grow as he served on the Raleigh recently than Senator HELMS occasion- has never been difficult to figure out City Council from 1957 to 1961 while ally get more attention for that serv- where JESSE HELMS stands. He has held working in the banking industry. Be- ice. This has always struck me about passionately to his convictions and has yond his extensive list of leadership po- the World War II generation, of which worked hard for what he believes are sitions in numerous organizations, JESSE HELMS is a part. He served in the the best interests of the people of our Senator HELMS has filled his life with U.S. Navy in World War II. They never Nation and North Carolina. philanthropy. He has been active in re- talk about that service. My father was As a member of the Foreign Rela- search on cerebral palsy and is one of in World War II in the South Pacific tions Committee, JESSE HELMS has the founders and directors of Camp for 3 years in the Army Air Corps. I dealt with international issues of deep Willow Run for youth in Littleton, have always admired World War II vet- importance which have had global im- North Carolina. erans for many reasons, but one in par- pact. Senator HELMS is a member of the ticular; that is, they came back, never As I have worked with others here on Committee on Rules and Administra- asked for recognition, never asked for defense matters over these long years, tion; a member and past Chairman of special breaks. They saw their service there has been no greater patriot for the Committee on Agriculture, Nutri- as only part of being a responsible cit- this country on this floor than JESSE tion and Forestry; and the Ranking Mi- izen—their responsibility. And it is HELMS. He has always supported the nority member and past Chairman of that way to this day in the Senate, men and women who wear our uniform. the Committee on Foreign Relations. I where we have few World War II vet- He has been a true stalwart in fighting have had the privilege to serve with erans left. for national defense. Senator HELMS on the Foreign Rela- When we lose a World War II veteran JESSE HELMS is a tough guy. He tions Committee for the past 6 years. in this body, we lose a very significant hasn’t let aches or pains, which have We will miss his common sense and part of America. That is a dimension of sidelined some folks, stop him from strong perspective on foreign affairs. I JESSE HELMS that is not often talked performing his responsibilities as a am grateful for his many courtesies to about. Senator. When our daughter, Lily, now me and his constant help and support. Let me conclude, because others wish a senior at Stanford, was a toddler and I will miss him. to speak about this very unique Sen- used to visit the Senate Halls, she Senator HELMS will celebrate his 81st ator and man. I don’t know of an indi- could always count on JESSE for a birthday this month. We wish him a vidual who has fulfilled the commit- smile and for making her feel special happy birthday and thank him and his ment of his own value system and his and welcome. She told me she has dear wife, Dot, for their years of devo- own standards, or lived it, like JESSE great memories of those days and tion to our country. I am proud to have HELMS has. You either can agree with JESSE HELMS. Like STROM THURMOND, served with him. those commitments and standards and Lily looks on JESSE HELMS as one of Mr. President, as you know, I am a policies and values and positions or her uncles, and we are proud of that. very junior Senator here and so I do not, but none can deny that Senator

VerDate Sep 04 2002 01:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.025 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9791 HELMS has indeed lived what he has I was one of those nine, Senator Sam the outside who criticize JESSE HELMS, said. That in itself, after almost 81 Nunn, Senator Bennett Johnston, Sen- but nobody questions whether he be- years, is rather unique. ator BIDEN, myself, and our wonderful lieves what he says. Nobody questions I wish Senator HELMS a happy birth- JESSE HELMS. That group saw Senator that he says what he believes. I do not day this month. I know it will be a HELMS as being the father of all of us. think one can have either a better happy occasion. We are glad to have We thought we were youngsters, and friend, a better servant, or a better pa- you back in this body, JESSE, for these then we met JESSE, and we said: We do triot than one who knows what he be- last few months, and we are also par- have some wisdom and some experience lieves and believes what he knows. ticularly pleased with your recovery. with us. It has been a sheer joy to serve That is what our friend is. That is the Senator HELMS will be known to many with him. essence of him. One does not have to of us—certainly this Senator from Ne- The whole group that came together second-guess Senator HELMS. For that braska—forever as ‘‘Mr. Chairman.’’ has left of their own accord, and that is class of Senators of 30 years ago, there Mr. Chairman, I salute you and good. It speaks well of them; it speaks are now three of us left. When Senator thank you for your service and your mightily of the class and the capacity HELMS leaves, there will be two. I will many courtesies and kindnesses. You they had. be running, and so will Senator BIDEN. are an inspiration to me. JESSE, as I saw you get sick and then If we come back, the marvelous class The PRESIDING OFFICER. The Sen- get well, I was truly hopeful that what- will be getting smaller, and Senator ever the good Lord had in store for ator from Minnesota is recognized. HELMS will have left us this year. I am Mr. WELLSTONE. Mr. President, I you, you would leave here on your own, sorry to see him leave. I thank him thought maybe I could jump ahead of saying goodbye to the Senate with very much. the Senator from New Mexico for just 2 your own capacity, and that nothing The PRESIDING OFFICER. The Sen- minutes. would be the cause of taking you from ator from Oklahoma. Mr. DOMENICI. Mr. President, I us. Mr. NICKLES. Mr. President, I rise thought the agreement was that we got That is why it is a good day, because to join with my colleagues in saying you have lived through it all, and you our time. thank you to Senator HELMS for his 30 Mr. WELLSTONE. I will follow the have been, from what outsiders know, years of service to the Senate and to Senator from New Mexico. the absolute opposite of what people the country. The PRESIDING OFFICER. The time say you are. They judge you by your I have had the pleasure of serving record, and if they do not like the is controlled by the Republican leader. with Senator HELMS for 22 years, and Mr. DOMENICI. Mr. President, I will record, they have things to say that the last several years I had the pleas- yield 2 minutes to the Senator from are totally without the character of ure of sitting right in front of him or, Minnesota. JESSE HELMS. conversely, having him at my back. I My friend who just spoke clearly put Mr. WELLSTONE. Mr. President, I like that. I moved over to Senator it right when it comes to kindness. thank the Senator. THURMOND’s desk so I can look at Sen- Senator HELMS truly believes that ev- I come here to the floor to announce ator HELMS when I make these re- erybody, no matter how little, how that I have been in agreement with marks. poor, how vintaged, what seat they oc- Senator HELMS on just about every I pointed out to Senator WELLSTONE cupy, deserves a kindness from him. He issue since he has been here—not quite, when he was complimenting you on does not walk by anyone to whom he but I will say this. I think one of the your demeanor, politeness, kindness to does not say hello. If he knows they ways you judge a person is just the way our fellow employees, that was my first have been sick, he will stop and talk you watch them treat people. I don’t recollection of JESSE HELMS. The char- with them and ask them about their know if this has been said, but when I acter of Senator HELMS was one of this relatives. In a way, for some of us, we watch the way Senator HELMS treats pretty tough Senator. In my career of are amazed at how he can do that. For the pages here and the elevator opera- 22 years, I have never known a kinder, that, I say I am glad I shared that ex- tors and the support staff, I don’t think gentler, more polite Senator than Sen- perience with Senator HELMS. there is anybody in the Senate who What really made me come down ator JESSE HELMS. treats them with more grace and is I say that because he has been kind here today, I say to Senator HELMS, is to me. Obviously, he was kind to Sen- kinder and more appreciative. In fact, I that he has been very decent and nice think there have been surveys that to me. I think now, looking back on oc- ator DOMENICI. He has been kind to have put him at the very top. casions on the floor when I had a budg- every Senator, Democrat and Repub- I thank him for the way in which he et to handle that was particularly dif- lican—Senator WELLSTONE mentioned has treated staff. I wish to tell him, ficult or I had to make a speech that it—but also to every single staff mem- though we have not agreed on the was particularly difficult—he did not ber, to every single elevator operator issues, I have appreciated getting to sit very far from me—almost invari- and security officer. I am amazed at the number of people he calls by their know him. I hope it is mutual. ably, Senator HELMS would call me to I wish you, Senator HELMS, and my his desk and congratulate me. He even first name. I have tried to emulate that wife wishes you the very best. We wish told me how I was changing as a Sen- and have not done it very well. I have you well. ator: You are getting better; you are tried to emulate Senator HELMS in Mr. President, there is going to be getting to be as good as there is; you many ways. Senator HELMS will never another time before the Senator from are responding; that was a great know how many people he has inspired New Hampshire, Mr. SMITH, leaves speech. in the Senate. when I wish to talk about him because I do not know how many of those re- I say that because of his kindness. I there is much positive to say about marks Senator HELMS passed on to me. say that because of his politeness. I say him from the point of view of some- I believed it, so it helped me. I do not that because he says grace before body who stood up for what he believes. know if it was true, but it was true as meals and he does it today. I say that I think it has to be part of the RECORD. he saw it, and that was enough for me because he has shown such courage and I look forward to doing that. to leave with just a little more hop in conviction on so many issues. His abil- Senator HELMS, I wish you well. my step because somebody I really ity to be courageous and kind at the The PRESIDING OFFICER. The Sen- wanted to note what I was doing appar- same time is a very unusual special ator from New Mexico. ently had. talent that very few have been able to Mr. DOMENICI. Mr. President, first, For that, I wish to tell Senator do, and Senator HELMS has done it well I bring regards from my wife Nancy to HELMS, that means an awful lot to a for so many years. both you and Dot. She asked me Senator, especially as he is getting The word ‘‘patriot’’ was used. If any- today—it was written on my calendar— started. I was thrilled with it, even in body ever defines ‘‘patriot,’’ Senator if I would say that for her, and I do. the last 4 or 5 years when he continued HELMS’ name comes to mind. Standing I do not think all Senators know that to do that. I thank him for that. at STROM THURMOND’S desk, patriot 30 years ago, a class of new Senators The Senate will miss this man. The comes to mind when I think of STROM numbering nine arrived in the Senate. truth is, there are many people from THURMOND, and it comes to mind when

VerDate Sep 04 2002 01:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.028 S02PT1 S9792 CONGRESSIONAL RECORD — SENATE October 2, 2002 I think of JESSE HELMS. We are losing realize how remote small towns and for nearly three decades. Upon his re- two patriots in the Senate in this re- some rural areas are, a light here and tirement after five terms of service, it tirement, and I hate to see that hap- there. I remember you told me you is fitting that we pay tribute to his pen, but I am so grateful to have had were flying over there somewhat in leadership and commitment to the peo- the privilege of having Senator HELMS awe but also thinking about individ- ple of North Carolina and this country. as a mentor, as a colleague, as a con- uals who live in those areas, and every Senator HELMS has served in the Sen- fidant, as a teacher. one of those homesteads represent ate during the administrations of seven I remember in my early career, we some of your constituents. You won- Presidents, from the Vietnam War, had battles. I served in the Senate for dered if they really thought anybody in through the launch of the war on ter- 22 years, and he served in the Senate Washington, DC, cares about them liv- rorism. for 30 years. Prior to his service in the ing in that little rural area or maybe His views have enlivened the debate Senate, Senator HELMS served as ad- living in the city. on the editorial pages of newspapers in ministrative assistant to a couple of There you are, flying over their State his home State and throughout the Senators. and you are thinking about them. I country. He defines the term ‘‘sticking During that time, he learned the Sen- think that was one of the guiding prin- to your guns.’’ From 1960 until he ran for the Senate ate rules. I remember some of our ear- ciples of your public service and career. in 1972, Senator HELMS delivered some lier battles having Senator HELMS help I will never forget that. You were 2,700 editorials on WRAL–TV in Ra- me learn the Senate rules. I was thinking about them when we were leigh, NC. Those opinions also appeared amazed that someone would go to that fighting over that nickel-a-gallon gaso- in more than 200 papers across the Na- trouble. But he used the Senate rules line tax. You have been fighting for tion and on 70 radio stations, making both politely and correctly, and in the them. Whether talking about a strong JESSE HELMS a household name. process made the Senate a better insti- national defense or about giving them He built that name on the principles tution. some tax relief, you were thinking of free enterprise, representative de- I realize this goes all the way back to about your constituents, those people mocracy and conservative values— Richard Russell. It goes back to some in the rural areas that probably never ideals he holds true today. of the greats in the Senate, and how gave two thoughts about who their He has always stood on principle. He this tradition is passed on is truly Senator was. Maybe they do not know, does not waiver or falter, and is not amazing—and with a whole lot of fond maybe they do not vote, but you cared easily persuaded, a fact to which many memories. about them. of my colleagues can attest. I remember, Senator HELMS, when I can tell you cared about them be- Senator HELMS has never forgotten you taught me some of the rules, I be- cause of the way you have served this the people he represents while in Wash- lieve it was in 1983, when we had the Senate and the way you have served ington. An editorial about his retire- little battle on the 5-cent-per-gallon your State, the way you have talked to ment in the Charlotte Observer ob- gasoline tax, that most of the Senate individuals on the floor, the way you served, ‘‘People who can’t stand his was for, including the majority leader talk to employees, whether they are views go to the voting booth every 6 at the time, our very good friend Sen- the lower level employees or people years and push the button next to his ator Baker. President Reagan, I be- just starting out, or whether it is my name. Maybe he helped their mama get lieve, was in favor at the time, but we daughter who was working as an intern Social Security. Maybe he kept their were sort of opposed to it, thinking it one summer. You were so kind to her. farm alive. Maybe they just like the should be left to the prerogative of the She loves Senator HELMS. I saw her idea of a North Carolina boy going to States. It was rather a difficult time last night and she wanted me to say Washington and raising hell.’’ because it was right before Christmas. thank you, Senator HELMS. He’s always had a place in his heart It was a pretty protracted and ex- You have inspired more people than for the youth of our Nation. In his re- tended debate, one that required cots you will ever know. I see some of your tirement speech, he calculated that he in the back. Our colleagues’ tempers employees are in the Chamber and you has met with more than 100,000 young were short because we were getting are sitting with one of the best, Mr. people during his tenure in the Senate. closer to the holiday season and most Broughton, but I wonder how many of He always took the time to talk with everybody wanted to vote and get out those employees, who have launched them about what an honor it was to of here. their career under your tutelage, have serve America. The issues that have driven his Sen- I remember going into your office very bright futures. They are going to ate career have varied from the minute one night when things were kind of dif- make outstanding contributions. Some to the global. He has left an indelible ficult, and we talked about it. You of them are in the State Department. said: I have an idea. We will just pray mark on American foreign policy from Some of them are working in very high his service on the Senate Foreign Rela- about it. Let’s call Rev. Billy Graham. level positions. Some of them are on Well, I was awestruck that we were tions Committee and his tenure as the Federal bench because you got chairman. From favoring the lifting of calling Rev. Billy Graham, and im- them started. They are some of the the arms embrago on Bosnia to his op- pressed. I will not forget that conversa- best people in the country. I think of position of U.S. military intervention tion. them as expanding good government, in Haiti, he has consistently fought to I also will not forget another thing and you have made that contribution. keep our Nation focused on U.S. inter- that you said. If it was not that night, I wanted to say thank you on behalf ests abroad. it was the next night—we had two or of Oklahomans, and on behalf of all On February 24, 1996, when Cuban three nights of this little battle—and I Americans for your 30 years of service Mig-29 fighter jets shot down two remember you telling me a story which in the Senate. I have had the privilege Cessna 337s in the Florida Straits, kill- I have never forgotten. In fact, I think of working with you for 22 years, get- ing four members of the humanitarian about it all the time when I fly at ting to know you and Dot Helms. I group ‘‘Brothers to the Rescue,’’ JESSE night. I do not even know if you will think the world of both of you. God has HELMS demanded that the U.S. call remember it but I bet you do. You re- truly blessed all of us for your service Fidel Castro to account for his actions. layed to me how you were flying over to our country and we thank you for it. His time as a Navy recruiter during North Carolina at night. And if any of Mr. HELMS. Thank you. World War II gave him insight into the my colleagues have been with Senator The PRESIDING OFFICER. The Sen- importance of supporting our military HELMS for any period of time, they ator from Texas. troops. He has vigorously fought to know he has a great love for his State Mrs. HUTCHISON. Mr. President, it strengthen the U.S. armed forces and of North Carolina, and vice versa. It is is an honor to pay tribute today to the ensure that our men and women in uni- a mutual love, respect, and admiration. senior Senator from North Carolina, form are deployed only when clear U.S. You relayed to me, Senator HELMS, JESSE HELMS. interests are at stake. that while flying over North Carolina The son of a police chief from Mon- On behalf of the American taxpayer, at night you see all these lights, and roe, NC, JESSE HELMS has been part of he demanded and received greater ac- you realize how big Raleigh is and you the fabric of the United States Senate countability at the United Nations for

VerDate Sep 04 2002 01:31 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.065 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9793 the funds America pays as part of our he said: JESSE HELMS is the nicest per- used that in your capacity as the chair- dues. He was one of the chief architects son in the Senate. He was right; you man and ranking member of the Senate responsible for dramatically reshaping are. Others have said that about you as Foreign Relations Committee. You and reorganizing the Department of well, including the elevator operators have been an unflinching proponent of State. and pages and so many people you are a principled foreign policy throughout Indeed, no matter what the cause, nice to. I have seen you on so many oc- the world for so many years. There is whether it affects a North Carolina casions talking to students and posing no greater supporter of human rights, farmer or textile worker, or the U.S. for pictures with people who were not no more steadfast defender of Amer- relationship with the U.N., JESSE always from North Carolina. You ican sovereignty, no stronger advocate HELMS has stood his ground. would stop and say, Where are you for our national interest than you, He has always done so without rancor guys from? And then you would talk to Senator HELMS. and has always been a gentleman when them. And I would hear them after you I have been in so many meetings— the fight was over. He is stubborn, he is walked away and the things that they and I see the assistant leader in the committed to his cause, and he fights said. It really is a shame that all Chamber as well, Senator NICKLES, who vigorously, but he is also one of the Americans do not know you personally, can vouch for this. So many times in most gentle and kind men in the Sen- Senator HELMS, because you are one meetings we have said: Senator HELMS, ate. fine man. You have a long, distin- do you think maybe we could have For years he sat next to the late Sen- guished record of service to your coun- your support to let this nominee go ator John Chafee on the Senate floor. try and service in so many areas before through, and Senator HELMS would They were two Republican colleagues you came to the Senate, and you did a never raise his voice but he would say, who didn’t agree on a great deal, yet lot of charitable work after you came no, can’t do it. It was always dis- were best of friends and spoke affec- to the Senate. agreeing without being disagreeable. tionately of each other. When John Since he was first elected to the U.S. That is why you have so much respect, died, JESSE made it his first order of Senate by the people of North Carolina and that is why there are so many peo- business to visit his office and person- nearly 30 years ago, Senator HELMS has ple here to honor you. ally comfort the Senator’s grieving tirelessly served the people of North When faced with a policy that you staff. There are hundreds of similar Carolina and this nation. feel is counter to your values, you are stories of JESSE’s graciousness and car- Before that, the Senator’s tenure of like a rock. Even your opponents mar- ing nature. Each of us has been service to the United States of America vel at your fortitude. You are the irre- touched at one time or another by his began in the 1940’s. Serving in the U.S. sistible force for justice and human lib- kindness. Navy during the second world war, erty. You are an immovable object His conviction, his determination Senator HELMS pledged his loyalty and against big spending and immorality. and his passion will be missed. As love to the United States. I lost my You are not afraid to stand up on the JESSE leaves Washington to join his be- own father in WWII and understand floor time after time—and I am proud loved wife, ‘‘Miss Dot,’’ at home in and respect the passion that the men to have stood with you on many occa- North Carolina, we wish him well. and women of the Greatest Generation sions, Senator HELMS. You are a man The 108th Congress will be a different has and still have for the United of great personal faith. This has led place without JESSE HELMS. The set States. No one embodies these ideals you to be a crusader for the lives of the from North Carolina will be filled, but better than the senior Senator from unborn. Not too many people come it will never be the same. North Carolina. down to talk about that issue these The PRESIDING OFFICER. The Sen- Upon returning from battle in WWII, days, but you inspired me to weigh in ator from New Hampshire. Senator HELMS got his first taste of on this. This, I believe, will be the de- Mr. SMITH of New Hampshire. Mr. Washington politics by serving as an fining moral issue. This will be the President, over the course of our lives, administrative assistant to both Sen- slavery issue of the 20th century and many of us have role models. Role ator Willis Smith and Senator Alton perhaps even the 21st century. You models mold and shape us as human Lennon. Senator HELMS took his expe- were right to defend the unborn. His- beings. Who we choose for role models rience in the Senate and began his own tory will judge you as being right, and can leave an indelible mark on our historical career in his home State of I am proud to follow in those big shoes character. North Carolina. of yours, Senator HELMS. As a young boy, I had several role Before going to Washington Senator Being a conservative Republican has models. When I was 3 years old, I had a HELMS served the people of his commu- led Senator HELMS to fight for the dad who lost his life at the end of the nity and home State in many ways. He rights of taxpayers, small businessmen, Second World War. He was certainly a served his community for two 2-year and the constitutional rights of all role model for me. My mother worked terms on the Raleigh city council, as Americans. very hard to try to keep the family to- well as being the president of both the Most importantly, Senator HELMS gether; she never remarried. She was a Raleigh Rotary Club and the Raleigh has used his experience as a husband, a Navy widow who kept my brother and Executives Club. As a man full of com- father, and a grandfather, to promote me and the family together all of those passion for his fellow man, Senator strong family values and to guide this years. I had a granddad who worked HELMS further served his State as the country over the last 30 years. hard to try to keep us on the straight director of the North Carolina Cerebral You have never shied away from con- and narrow, helping my mother. They Palsy Hospital in Durham, the Director troversy. You always do what is right, were all my heroes and role models. of the United Cerebral Palsy of North never even considering the political Politically, Barry Goldwater and Carolina, and the Director of the Wake consequences to yourself. Whether you Ronald Reagan come to mind as role County Cerebral Palsy and Rehabilita- are fighting for the right of students to models, as well as former Gov. Mel tion Center in Raleigh. As a man who pray in school, the right of the Boy Thomson of New Hampshire, who once cares deeply for the future generations Scouts of America to organize and in- told me you stand for something or you of this country, Mr. HELMS has served spire young boys to join, or the right of stand for nothing, which brings me to as a deacon and a Sunday School the taxpayers not to have their hard- JESSE HELMS. He is a man who has teacher, sat on the Board of Trustees of earned money wasted, you do not been a treasured friend, a confidant, a Meredith College, John F. Kennedy worry about the opponents or distorted great Senator, and my role model for College, Campbell University and reports by the news media. You follow all the years I have been in the Senate. Wingate College. your heart. His steadfast example has helped shape The thing I am going to remember is I have always admired Senator who I am as a Senator and as a person. that you used your life experiences and HELMS’ dedication to his conservative I remember talking to Senator Gor- your faith, and they were your guiding values. The example that Senator don Humphrey of New Hampshire, your principles in the Senate. The kind of HELMS sets is something that we all as former colleague. I asked him one person you are is the kind of Senator conservatives need to follow. There has time: What is JESSE HELMS like? And you are. You were a veteran and you been no senator as outspoken on the

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.008 S02PT1 S9794 CONGRESSIONAL RECORD — SENATE October 2, 2002 conservative agenda over the past wasting taxpayers’ money and stand up well publicly. I know from personal ex- three decades. JESSE was recognized in for them. It was ‘‘yes,’’ the right thing perience about his traits and his at- 1980, 1981, and 1983 as the ‘‘Most Ad- to do, to stand up for the unborn. It tributes that so many people are talk- mired Conservative in Congress’’. He was ‘‘yes,’’ to stand up for human ing about—his determination, standing also received the ‘‘Conservative Caucus rights, personal freedom, limited Gov- by principle. I served with the Senator 97th Congress Statesman Award’’ in ernment, morality, family values. It when I first came to the Senate. I 1983. was not Mr. No, it was Senator Yes. haven’t been in this body a long time, It will be one of the fondest memo- Each of your most ardent political but I served with him the entire time ries in life to know I sat here and opponents in the Senate—you heard on the Foreign Relations Committee. I served with you in this body. Senator WELLSTONE—will vouch for the know he always treated new Members The news media used to call him fact that there is not a more decent in a manner unlike most people treat ‘‘Senator No,’’ because he never com- human being who ever lived in the new Members. He treated new Members promised his values or beliefs, and that United States of America, or ever with a great deal of respect, with a is something for him to be proud of and served here. great deal of courtesy, which is the the rest of us to admire. While Senator I am standing now at the desk of way he treats everybody—it is a true HELMS, always full of humor, embraced Daniel Webster. There are going to be a Biblical principle. You don’t treat the the reputation, I think those of us who lot of people following the Senator great and the lesser any different. He know him understand that the media from North Carolina, from North Caro- always did that for new Members. did not tell the whole story. lina, who are going to be standing at I came into the Foreign Relations I believe they should have called him the desk of Senator HELMS. Committee, the first meeting I had ‘‘Senator Yes.’’ Because when Congress I am proud to serve with you, my there, sitting way at the end of the was trying to waste the taxpayers’ friend. You are a great American, a bench. There was not a seat further money, JESSE HELMS stood up and said great patriot, and I wish you the best away from the chairman where I could ‘‘yes’’ to the taxpayers. in the years to come. sit. They had to actually build another When the unborn were being threat- I yield the floor. seat there to give me a space to sit. ened, he said ‘‘yes’’ to human life. Mr. HELMS. God bless you. Thank And then he calls on me first at the While some were saying ‘‘no’’ to you, BOB. committee, which had me quaking in human rights, to personal freedom, to The PRESIDING OFFICER. The Sen- my boots at the time. I was ready and limited Government, to morality, to ator from Kansas. prepared to sit for a couple of hours family values, JESSE HELMS always Mr. BROWNBACK. Mr. President, I and wait my turn and build up some stood up with a resounding ‘‘yes.’’ ask unanimous consent to speak as in knowledge. But it was his trait and his And even when his more ardent oppo- morning business for as long as I might standard that each year when he had a nents in the Senate will vouch for the consume regarding the tribute to Sen- new Member come in, he recognized fact that there is not a more decent ator HELMS, and ask for that privilege him first at the first meeting. It was human being in the entire Senate. Al- as well for the Senator from Wyoming, very kind of him to do that, to wel- ways a smile on his face, always time Mr. ENZI. come people. That was just his nature for schoolchildren, always courteous, The PRESIDING OFFICER. Without and his characteristic, and it was al- always a friend. objection, it is so ordered. ways done. As an American, I am truly grateful Mr. BROWNBACK. Mr. President, I It is no surprise that he has always for JESSE HELMS’ patriotic service to rise today to join my colleagues in of- been voted by the Washingtonian mag- his country. But, personally, what I fering tribute to my friend and fellow azine as the nicest Senator, which I will most treasure is 12 years of friend- Senator, JESSE HELMS. As my dear think is quite a tribute when we look ship. friend so loved to say, even a blind hog back. I have on my wall a picture of JESSE, you were always there for me, finds an acorn sometimes. So I hope Mother Teresa and a quote from her. and while I bid you a fond farewell as my poor words may be able to rise and She says: At the end of life we are not we both part from our Senate service, I find the acorn here in a proper tribute going to be measured by the positions will always stay in touch. I will always to Senator HELMS for the years of serv- that we achieved or the things we ac- consider you one of my best friends. ice and contribution he has made to complished or the wealth we had. What Senator HELMS has pledged a lifetime this great country and what he has we will be measured by is the amount of loyalty, love and service to the given to the world. of love with which we did the work we United States. The senator is a patriot I know today many of my colleagues had. We will be measured that way. in every sense of the word. Thank you, are lauding him for his grit and deter- It doesn’t matter if you are a Senator Senator HELMS, for serving this coun- mination, his principled stands, and his presiding in the Senate, the President try as you have over the past three ability to always fight the good fight of the United States, if you work at decades. even if it was a lonely and sometimes any job anywhere—it is not the accom- May God bless you and your family. frustrating fight. Senator HELMS has plishment of the physical that you do, I want to close on a couple of points. always done so. He has always stood it is not the accumulation of money The news media gave you a name, and firm despite the opposition and the dis- you accomplish, it is not the wealth, it I know you had some fun with it. For approval. is the love you express in the job that those of you who have not been in Sen- We have had a number of colleagues you have. ator HELMS’ office, it is just plastered already speak about these traits and Senator HELMS has expressed a great with all these cartoons. Some of them speak of them in laudatory terms. In deal of love to everybody and has had a are pretty rough. But they always fact, he was known for telling his staff high degree of success and will be very called him ‘‘Senator No.’’ There are and his allies that it did not matter, if rich in rewards. two ways to look at that because you they stuck to principle, if they lost. These are the examples he has given never compromised on your values or What mattered was they stuck to prin- to so many of us so constantly. It is your beliefs. So oftentimes you were ciple. All the other things would fall by such a beautiful tribute. down here voting no when others were the wayside, but you have to stand by He has a robust sense of humor that compromising those values and beliefs. your principle and you have to fight for many have not had the pleasure of That is something of which I am going it regardless of whether you win or being able to experience, although I to be proud. The thing I am most proud lose. That was a great lesson to me, have. One of my favorite facts about of remembering about you—always full coming to this body, of the service that the Senator—Senator SMITH just men- of humor, always embracing the rep- we have here for the world. You fight tioned it—is when you go into Senator utation—but those of us who really for your principles. HELMS’ office, he has on the walls know you understand that the media There is so much to say about JESSE every cartoon that has ever been done had it wrong. You were not Mr. No. HELMS, my dear friend. There is much about him. There are quite a few of You were Senator Yes because you to say that is obvious. There are some them. They are scattered around the were right. It was ‘‘yes,’’ to try to stop things to say that are not known very walls. A number of them Senator

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.016 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9795 SMITH said are not glowing in their our true role is as a shepherd, to feed Mr. ENZI. I suggest the absence of a comments, but he puts them up. I them, to care for them, to tend them, quorum. think it is quite a tribute there as well and to nourish them. These are people The PRESIDING OFFICER. The that he would show both sides, so any- with whom we have an unusually posi- clerk will call the roll. body who comes into his office can see tive relationship. Senator HELMS does The senior assistant bill clerk pro- the caricature that is made by any- that well. ceeded to call the roll. body. I think that is a good trait of hu- One of the reasons he and I bonded Mr. BYRD. Mr. President, I ask unan- mility. Humility is the first grace. We was something that we share—the imous consent that the order for the need much humility. adoptive children we have. He has quorum call be rescinded. In addition, one of his prize posses- unmeasurable effort he has made for The PRESIDING OFFICER. Without sions is a big rubber stamp that says adoptive children and for adoptive par- objection, it is so ordered. ‘‘No’’ on it. Needless to say, he has ents across the country, and even Mr. BYRD. Mr. President, I come to wielded it often and with passion. But around the world. He has always cared the floor today not entirely with sad- in reality it was not just saying no or incredibly deeply about children and ness in my heart but, rather, a sadness being Senator No, though those work- those less fortunate. That is just one that is commingled with joy, as I look ing on treaties and nominees over the area of many where he has truly put back across the 30 years I have known years may have believed so, he was ac- his energy and where his beliefs are. JESSE HELMS as we have worked in this tually one of the most effective com- There is a personal story that is just body. promisers in the Senate. too personal to tell. But it is about his I can remember him when he came to Yes, it is true. That is what happens adoptive child in a red cap that Sen- this Senate Chamber 30 years ago: tall, when everyone knows exactly where ator HELMS told me about. It is too strong, black hair. Some things have you stand and that your word is your personal to say here, but it is such a changed about him; some things have bond. For Senator HELMS, his word was touching story, a tribute to a man changed about me. But there are some definitely his bond. One of the facts to adopting a child, the gift that child things that have not changed. One of know about Senator HELMS, though, is was to him, and the gift he was to that those things is my respect for him. what a true gentleman he always was. child. He comes from a State which is the Several people have spoken about that. But I think the most important State in which I was born, North Caro- No matter how bitter a foe or how things to consider when contemplating lina. I have a brother living in North fierce a disagreement, he was always the Senator’s great and illustrious ca- Wilkesboro today. He became 89 or 90— kind to his opponent. You are to love reer are some of the things he would I forget which—in August, last month. your friend and you are to love your probably say are his proud achieve- My dear mother is buried there in an enemy. He practiced that Biblical ad- ments—his long and true marriage to unmarked grave. She died during the monition as well if not better than his beloved Dot, volunteering for the great influenza epidemic. She died on anybody I have ever seen. Navy right after Pearl Harbor, the the night before the armistice was A foe who might be fierce in disagree- Jesse Helms Foundation, his solitary signed. I have a little pillow that she ment, in most cases would, afterwards, action as a lone Republican stumping made. And I know that I have been and even during the debate, admire and for a gentleman by the name of Ronald guided by my mother’s prayers over like his opponent. For example, he has Reagan back in 1976, and his unlimited these soon to be 85 years, although I do always truly liked Madeleine Albright, love for children. Throughout his life- not remember ever seeing her face or Secretary of State, though most on the time, but especially during his career ever feeling the joy of a mother’s kiss. outside saw them as no more than sim- in Congress, he has never forgotten the But those North Carolina hills keep her ple enemies. He and Madeleine children, including them and intro- in their bosom today, as they keep my Albright had a marvelous relationship, ducing them to worlds they may never father. even though they would disagree on experience; for example, inviting the The motto of the State of North probably the complete course of the pages, who are so often overlooked by Carolina is: ‘‘To be rather than to meal, soup to nuts. But they had a all of us despite their hard and dedi- seem.’’ What a motto: ‘‘To be rather wonderful personal relationship—al- cated work, to his Jesse Helms Founda- than to seem.’’ though even that, too, is too simplistic tion dinner, assuring that all of them I believe, based on my relationship an analysis. Clearly, not enough to will be introduced to everyone attend- with JESSE HELMS, that he typifies really say about his character, it is a ing the dinner. that motto: ‘‘To be rather than to true sign of character to understand Senator HELMS has often been seen as seem.’’ the best results come from fighting the Rock of Gibraltar, an oftentimes I have always found him to be a gen- worthy opponents and to be willing to lonely role, yet always a steadfast de- tleman. During the years in which I graciously acknowledge and admire fender of American and Republican was majority leader, minority leader, these opponents. It was a lesson I took principles. He is so much more than and majority whip, I always found to heart, seeing how he fiercely de- that. He is a kind and gentle soul who JESSE HELMS to be someone with whom fended his principles, yet how much he has brought humor, compassion, and I could work. There were differences cared for and always took time to character to this august body. He has and there were difficulties at times— honor those he fought against and with been and always will be a role model of for instance, difficulties in breaking whom even disagreed. He honored the true gentleman. through a filibuster—but this man was them. He did love his opponents. In his Second Epistle to Timothy, St. always what he was, not what he He took almost as much care in those Paul writes: ‘‘I have fought the good seemed. He was what he was. He was cases as he did with his own staff— fight, I have finished the course, I have not a man to be intimidated. He took a many of whom are here, as was noted. kept the faith.’’ Senator HELMS has stand. He was willing to take a stand Senator HELMS is also known for being certainly done so. even though he might stand alone. And deeply devoted to his staff, considering You have fought the good fight, you I have seen times when he stood alone, them his family and treating them as finished the course, you kept the faith. but it was without a tremor, without such, practicing an open-door policy God bless you. any indication that he would cut his and complete loyalty and always en- I yield the floor. sail. suring that he knew what was going on The PRESIDING OFFICER. The Sen- He had that sterling character that in each staffer’s life. ator from Wyoming. so many of the people of his generation As in so many areas, he did not just Mr. ENZI. Mr. President, I ask unani- displayed throughout their lifetimes. preach family values, he practiced mous consent for a short quorum call, And the people of North Carolina are a them. This has been a great lesson to followed by Senator BYRD for a brief naturally warm and gracious people, me as well. So many times you get moment on the floor, followed by me, just like JESSE HELMS. busy and you feel you are just trying to and followed by Senator SESSIONS. As I say, no matter what his position suck things out of your staff—I need The PRESIDING OFFICER. Without on an issue, no matter what his polit- this information; I need that—when objection, it is so ordered. ical feelings might be, he was always

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.034 S02PT1 S9796 CONGRESSIONAL RECORD — SENATE October 2, 2002 one with whom I could approach and him. Even when I differed with him strange new respect, not as many con- sit down and talk. And he was a man perhaps on an issue now and then, servatives have—by moving to the left. with whom I could reason when I was there was always great respect, know- HELMS has earned it the hard way—by the leader of this body. It is not an ing that here was a man who believed not moving at all. easy job. But being the man that JESSE in serving his people and standing for He is a man of principle who knows HELMS is, and standing for what he be- what his people expected him to stand where he is coming from and what lieves, standing against the odds—no for. needs to be done and has made dra- matter what the press said, no matter May God always be with you, Senator matic improvements in America while what the pundits were saying, no mat- HELMS, and with your charming wife he has followed that principle. ter, should I say, even what his col- Dorothy. May God always bless her. This year, I had the opportunity to leagues were saying—he took his posi- I yield the floor. join Senator HELMS on the Senate For- tion and he never wavered, never The PRESIDING OFFICER (Mrs. eign Relations Committee and hold a wavered. CARNAHAN). Under the previous order, position on the International Oper- I shall always treasure my work here the Senator from Wyoming is recog- ations and Terrorism Subcommittee. with JESSE HELMS. I think when JESSE nized. In this role I have seen and heard much HELMS goes, something goes out of this Mr. ENZI. Madam President, I thank of Senator HELMS’ work with the Senate that we will not see again. my colleagues for allowing us to extend United Nations. Americans and all I saw a lot of men like JESSE HELMS this period. It is not every day we get those involved with the United Nations when I came to this body 44 years ago— the opportunity to pay tribute to one look at Senator HELMS as one of the a lot of men and one woman like JESSE of our heroes. I am sure Senator HELMS strongest supporters for reform of that HELMS. They were strong in their be- would object to that wording, of being organization. Many still talk about the liefs. They believed in the Constitu- a hero, but if the definition is ordinary wonderful pictures of Senator HELMS tion. They believed in this institution. people doing extraordinary things, he sitting in the United Nations Security They weren’t looking for another polit- might agree with it. But he goes well Council during a historic visit by the ical office. They wanted to be Senators. beyond that. Foreign Relations Committee in 2000. They were Senators. And they served For most of my life, I had read about Because of his efforts, the United their people the institution, and the JESSE HELMS. And then I got elected to States remains an active member, and Constitution well. this body and got the awesome oppor- the United Nations has become a more In all these situations—and I remem- tunity to meet him and to talk to him efficient organization. There is, how- ber Members like JESSE HELMS—there and to learn from him. It has been a de- ever, still more work to do. I know has been a wife who sacrificed, who lightful journey, one I will always re- Senator HELMS will be sorely missed in stood there shoulder to shoulder with member and appreciate. those discussions. He has had a tremen- that Senator and who, like him, was al- In reading a little of his background, dous effect. ways a gracious person, one who loved I learned that the Senator grew up 15 I conclude by mentioning that as an the Senate, one who served the Senate, miles from the birthplace of Andrew Eagle Scout, I am proud of Senator just as the elected entity served it. Jackson, which is a breeding ground HELMS’ efforts to protect the organiza- I have great respect for JESSE HELMS for true believers. With Jacksonian te- tion of the Boy Scouts of America. The and his wife Dorothy. My wife and I nacity, he stuck to his early convic- organization makes a strong difference today join in saying we will always re- tions—respect for elders and law and in the lives of many of our Nation’s member their friendship. I will always order, traditional religious faith, moral young men. It teaches them leadership remember this man from the moun- principles, and patriotism. He is here and values. Senator HELMS should be tains of North Carolina. today with a lapel pin on that he has commended for his actions and for all I remember Grandfather Mountain in explained to me before. We are a part of the efforts he has put forth on behalf North Carolina. Here was a true gen- of the same organization. It is a Ma- of youth, North Carolina, the country, tleman of the Old South. A true gen- sonic pin he has been wearing since his and the education of people like me. I tleman of the Old South will leave this first election. That is part of the great thank the Senator for all of his efforts Senate. He won’t leave my memory. He tradition and background of the Sen- at mentoring and teaching, and his won’t leave my affections. They will ator, an organization of individuals for long service. follow him. As Tennyson said, ‘‘I am a self-improvement, and it is something This past year I had the opportunity part of all that I have been.’’ And wher- he has worked on all his life and is still to join Senator HELMS on the Senate ever I go, JESSE HELMS will always be working on and is passing on to others. Foreign Relations Committee and hold a part of me. He will go with my As Senator HELMS was coming to this a position on the International Oper- fondest affections. body, the Senator from Wyoming who ations and Terrorism subcommittee. In I thank Mr. ENZI for yielding to me had been another role model of mine, this role I have seen and heard much at this moment. I am about to yield Senator Hansen, was here briefly and about Senator HELMS’ work with the the floor. then left. From my mother and from United Nations. Americans and all Let me, if I may, repeat the words of Senator Hansen and Senator HELMS, I those involved with the United Nations a short verse that are very appropriate have fashioned a mission statement look at Senator HELMS as one of the in talking about JESSE HELMS: that is in all of the rooms of my offices strongest supporters for reform of the Reputation—he raised its shaft where my staff and I work. It says: Do organization. Many still talk about the In the crowded market place; what is right. Do your best. And treat wonderful pictures of Senator HELMS He built it out of his glorious deeds, others as you want to be treated. sitting in the United Nations Security And carved them upon its face; That is a motto Senator HELMS ex- Council during a historic visit by the He crowned its towering top with bays emplifies in great detail. He is one of Foreign Relations Committee in 2000. That a worshiping world supplied; those people who never gives the im- Because of his efforts, the United Then he passed—his monument decayed, pression that a Senator is special. He States remains an active member and And his laurels drooped and died. knows that we really are people who the United Nations has become a more Character—he built its shaft With no thought of the pillar to be; had special opportunities and special efficient organization. There is, how- He wrought intangible things like love responsibilities. He epitomizes that. ever, still work to do and I know Sen- And truth and humanity. He has had a considerable effect on ator HELMS will be sorely missed in dis- Inseparable things like sacrifice events over the years. While he hasn’t cussions on the next steps for reform. And sympathy and trust; gotten to restore America to the state I was also pleased this last year to Yet, steadfast as the eternal hills of the Monroe of his youth, he has support Senator HELMS’ efforts to ex- It stood when he was dust made great strides at it, probably ones pand the NATO Alliance. I agree that North Carolina sent to the Senate he never envisioned. NATO enlargement should continue to one of its favorite sons, and this son of I like a quote by Fred Barnes written be a focus and a priority of the United North Carolina will never forget JESSE in the Weekly Standard: He can’t be States. Senator HELMS championed the HELMS and will never cease to respect buffaloed or ignored. HELMS has gained effort in the Senate on the Freedom

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.036 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9797 Consolidation Act and made a mean- his many years of service, his strict ob- changed the course of the future. I ingful statement that the Congress of servation to U.S. security interests would include the man we honor the United States supports the Presi- never wavered. On matters of foreign today—Senator JESSE HELMS—in those dent and supports NATO enlargement. policy and national security, he never select ranks. He will be missed as a As the NATO Ministerial meets to dis- rested. He never allowed officials at friend to us all and a leader for all cuss the expansion of the alliance, I am the Department of State or the United America. confident Senator HELMS’ work will be Nations to rest either. When it came to Although one might find it hard to appreciated. the security of free people, his philos- believe, Senator HELMS began his ca- Senator HELMS has been able to bal- ophy has always been, keep your pow- reer in the media. After World War II, ance supporting international organi- der dry and keep lots of powder. JESSE worked as city editor of the Ra- zations with strongly criticizing their Despite his rigid reluctance to com- leigh Times. Later he became director actions when they go too far. He has promise, his legislative record has been of news and programs for the Tobacco fought fiercely against treaties that extraordinary. Understanding the rules Radio Network and radio station are not in the best interests of the of the Senate, being willing to use the WRAL in Raleigh. United States, such as the Inter- rules of the Senate, and being willing The media also provided Senator national Criminal Court. Senator to wait as long as it takes proved to be HELMS’ transition into politics and HELMS has been the lead objector to a formula for much legislative success. public affairs. In 1952, he directed radio treaty that would put our American To reorganize the State Department, and television for the presidential cam- Servicemembers on trial for simply Senator HELMS had to hold up 18 nomi- paign of Senator Richard Russell of doing their work to protect Americans. nations for ambassadors, halted almost Georgia. One year later, JESSE became His efforts have encouraged this Ad- all committee business for six months executive director of the North Caro- ministration to be an active voice as well as approval of two inter- lina Bankers Association and editor of against the prosecution of American national treaties, and overcome a Pres- the Tarheel Banker, which he grew citizens with disregard for our pro- idential veto. into the largest state banking publica- tected rights. A big supporter of President Reagan tion in America. Senator HELMS has been a leading and his conservative agenda, Senator As a journalist, Senator HELMS proponent for conservative values and HELMS was one of two Senators to vote earned the respect of his readers and beliefs. He has lead floor debate to pro- against the nomination of Secretary his peers. From 1960 to 1972, JESSE de- tect the lives and the future of all Weinberg to be Secretary of Defense. livered daily editorials on WRAL-TV, Americans. He has made it his personal Again, a protector of the conservative wrote columns that appeared regularly duty to protect our rights from over- agenda, he felt the nominee was not in more than 200 newspapers nation- reaching laws and values not in line adequately committed to the Presi- wide, and broadcast on more than 70 with the beliefs of most Americans. dent’s agenda; always brave, seldom radio stations in North Carolina. JESSE The PRESIDING OFFICER. The Sen- subtle. received the Freedoms Foundation ator from North Carolina is recognized. Over his long career, Senator HELMS Award for the best television editorial Mr. HELMS. Madam President, I has won praise and scorn for doing in America. He won the same award for want to say a word or two, and ask what he came to Washington to do, the best newspaper article. unanimous consent that it be in order which is speak his mind and vote his JESSE HELMS’ arrival in this chamber for me to make my remarks from my convictions. He didn’t mind being the nearly 30 years ago made history. He seat, following the remarks of Senator only one to vote against a spending was the first Republican elected to the SESSIONS. bill. He paid his constituents the cour- Senate from North Carolina. His star The PRESIDING OFFICER. Without tesy of being candid. He did not need to immediately began to rise. At the 1976 objection, it is so ordered. do a poll to have an opinion. It is not Republican National Convention, he The Senator from Alabama is recog- his habit to ‘‘flip-flop’’ on political was the only Senator to endorse Ron- nized. issues because with JESSE, he means ald Reagan for President. And though Mr. SESSIONS. Madam President, I what he says and says what he means. he asked for his name to be removed believe that under the UC I am to be One political commentator described from the ballot, he won the support of recognized next. I understand other the senior Senator as follows: ‘‘HELMS 99 delegates for the nomination of Vice matters are to come before the body follows a simple formula; Implacability President of the United States. soon. equals strength, It works. He can’t be While in the Senate, JESSE HELMS I want to say how much I admire buffaloed—or ignored. . . . The point has become one of those unique leaders Senator HELMS. He is and has been a here is HELMS has gained strange, new who combine fierce conservatism with great Senator. He came here with be- respect not as many conservatives fierce populism. His love for the prin- liefs and concerns about America and have—by moving left. HELMS has ciples upon which this country was he stood up for them. He also came earned it the hard way—by not moving founded is matched only by his love for here with courage and convictions. He at all.’’ the people he represents. He has always stood for those throughout his career. To ‘‘official Washington,’’ Senator stood up for the people of North Caro- He has shown us all what one man can HELMS was referred to as ‘‘Senator lina—for the values they hold dear, for do when he stands up for his beliefs. He No.’’ But to his beloved constituents the beauty of their land, and for the is a man I admire, as so many others asking for help, he was: ‘‘Senator Yes.’’ work that is their lifeblood. do. His first floor statement on January 11, JESSE has also stood up for those of I yield the floor. 1973, was on behalf of ‘‘more than the world who don’t enjoy the freedoms Mr. BOND. Madam President, for the 182,000 families in my State [who] earn and rights that Americans are guaran- youngster who is retiring from the their living from the production of to- teed. He stood side-by-side with Presi- greater Carolina delegation, I bid a bacco.’’ dent Reagan in the battle to win the fond farewell. I am delighted for him In the Senate, we will miss this true Cold War. He believed in peace through and his wife Dot, who after three dec- gentleman with his gentle smile, his strength and still does. He also believes ades in the Senate will get to spend great sense of humor, and his tireless in the value and dignity of every some time for themselves and with commitment to our Nation. We wish human life. I know this first-hand. their seven grandchildren. you, your wife Dot and your family JESSE and I have worked hard as mem- The bad news is that there are a well and thank you and the good citi- bers of the Foreign Relations Com- great number of others who will be de- zens of North Carolina for your service. mittee to secure hundreds of millions lighted with Senator HELMS’ departure. Mr. FRIST. Madam President. Nearly of dollars to save young Africans from Foreign Communist officials, Fidel 1,900 men and women have served in the plague of HIV/AIDS. Castro, and others will be delighted this body since its inception in 1789. Always one to practice what he that he will not be on the Senate floor Yet only a couple dozen stand out in preaches, JESSE HELMS has served as a standing tall on behalf of U.S. values, history as leaders who not only defined deacon and Sunday School teacher and U.S. security, and human rights. Over the times in which they lived, but a director of Camp Willow—a Christian

VerDate Sep 04 2002 05:05 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.011 S02PT1 S9798 CONGRESSIONAL RECORD — SENATE October 2, 2002 youth camp he helped found. He has ing free and fair elections, freedom of compatible with the faith and freedom generously given his time to combat religion, the rule of law, and market that made America great. So he stood cerebral palsy. And he has spent count- economic opportunities. against it, without apology. less hours with the nearly 100,000 chil- Senator HELMS has had an equally He had the great joy, I am sure, when dren and young adults who have large impact on domestic policy. He his good friend Ronald Reagan was stopped by his office to shake his hand. will be remembered as a determined President, to see the collapse of the So- JESSE has inspired them all to be bet- advocate for limited government. But viet Union, the fall of the evil empire, ter citizens; many have even gone on to no matter how passionately he advo- and see freedom begin to spread around serve in public office. cated limits on government, he always the world. What a wonderful feeling it I, and all of us in this chamber, will understood that those limits should must have been for this patriot, who miss having JESSE HELMS in the Sen- not reduce our human responsibilities stood so long for strong national de- ate. And America will miss an impas- to each other as citizens and leaders of fense, who stood so long for the values sioned leader. But our loss is the gain a great nation. of America, and contrasted them with of his family and the great state of In my experience, few Senators have the totalitarian governments in the North Carolina to which he will return. been as quick with a smile or as cer- communist world. And it was a battle. I think we all know that JESSE HELMS tain to ask about a family member as It was a long struggle. There were good won’t just fade away. He’ll continue Senator HELMS. In fact, few Senators times and bad times. People who stood spending time doing what he loves, and ever had a greater appreciation for the with firmness, like Senator HELMS, we’ll continue loving him for it. strength and love of family. were often attacked most aggressively God bless you, JESSE. No remarks honoring Senator HELMS in the liberal media, but he put his be- Mr. LUGAR. Madam President, I am would be complete without mentioning liefs and his love for America first. He pleased to join with other Senators in his beloved wife, Dot. A couple of years was prepared to take the heat, and I honoring our distinguished colleague, ago, I recall Senator HELMS responding believe history will record he stood on JESSE HELMS, who will be returning to to a reporter’s question about whether the right side of that issue with con- private life at the end of the 107th Con- he intended to stay in the Senate. He sistency, integrity, and courage, and gress. said ‘‘she has a vote; I have a vote; and played a major role in the victory of For the past 26 years it has been my if there is a tie, we will work it out to- freedom over communism. privilege to serve in the United States gether.’’ All Senators know how impor- Senator HELMS understood the neces- Senate with JESSE HELMS. During that tant Dot has been to JESSE over the sity of American leadership in the time, we have shared committee as- years. Even as we will miss seeing our world. He understood our unique his- signments on the Foreign Relations friend every day, we know that JESSE tory. He therefore defended our sov- and Agriculture Committees. We have will be blessed by the opportunity to ereignty. He defended the ability of the worked together on innumerable spend more time with Dot and his fam- United States to stand alone, if need issues, and I have witnessed with admi- ily. be, as he had to do at various times po- ration his strong character and devo- Senator HELMS leaves the Senate litically, to defend the interests we tion to public service. after 30 years, having established a le- have. He was willing to work with the Senator HELMS has played an impor- gion of friendships and a memorable United Nations, NATO, and other tant role in the primary U.S. foreign legacy. I am confident that he will con- groups, but he was not prepared to cede policy accomplishment of the second tinue to serve the public, and I join the our sovereignty to that group. half of the 20th Century—the collapse Senate in wishing JESSE and Dot all Some time ago, I made the reference of Soviet Communism and transition of the best as they move on to new adven- to the treaties and agreements so most of the world’s Communist nations tures. many would like to have us sign. They to democracy and market economics. Mr. SESSIONS. Madam President, as are much like, in my mind, the scene of In the Senate, Senator HELMS was a I indicated earlier, Senator HELMS is a Gulliver in the land of Lilliputians, steadfast supporter of policies that op- great Senator because he came to the being tied down by hundreds and hun- posed the evils of the Soviet bloc. He Senate with beliefs and principles. He dreds of strings. Pretty soon the giant looked forward with confidence to a fu- has personal integrity and a strong is not able to act and defend himself. ture in which Russian foreign policy work ethic. He mastered the rules of We do not need to allow ourselves, would not be predicated on empire, in the Senate, and fundamentally his through a rush to agreements and mul- which Russia would practice democ- greatness came from the fact he had tilateral organizations, to be tied down racy, and in which Eastern Europe and the courage to act on those convictions from our freedom. other Soviet-dominated nations would and see them through, even in the face He provided a critical check against be free. of criticism. He stood for traditional these trends through some difficult After the collapse of the Soviet American values, for faith, for institu- times, and I think he sees today the Union, Senator HELMS was an impor- tions important to our country, such as world is better off for it. tant advocate for embracing the new the Boy Scouts. I was an Eagle Scout, As a matter of fact, with regard to democracies of Eastern Europe. He was and I appreciate so much his leadership the U.N., he was exceedingly critical of and continues to be a vocal supporter for them. the waste, fraud, and even corruption of NATO enlargement within the For- He ran for the Senate because of his in the United Nations. He knew there eign Relations Committee and the Sen- beliefs and concerns about America. was a problem; so did almost everyone ate as a whole. It is fitting that as we That is what made him choose to offer sophisticated in the world today. They celebrate Senator HELMS’ career, we himself. He believed America was a knew money was being wasted and anticipate the entry of a new group of great bastion of freedom. He defended spent unwisely. They knew there was nations into the NATO fold that were her without apology. He was not a part corruption in programs and within the once denied their liberty. of the ‘‘blame America’’ crowd. He institution itself. Senator HELMS sim- Throughout his career in the Senate, would never go to a foreign country ply said, and was unmovable on the Senator HELMS’ foreign policy initia- which had demonstrated a history of view, until there were reforms in the tives were grounded in a fundamental bad behavior throughout the world and United Nations, he would oppose Amer- faith in the power of freedom and de- blamed America. He would stand and ican back payments, and he got that. mocracy. Senator HELMS’ philosophy say, for all our faults, America has Oddly, this Senator, who was not has been devoid of the cynicism that stood for right in the world, and we emotionally invested in the United Na- occasionally afflicts the practice of ought to be proud of what we do. tions, probably has played as big a role U.S. foreign policy. Our friend never He understood the history of Amer- as anyone in making that organization forgot that the achievement of freedom ica, its uniqueness as a Nation of free- a better institution today. He had bi- must stand as the basis for American dom. He understood the importance of partisan support for that position be- actions in the world. He remained de- the United States to the world as a fore it was over. voted to core American values that whole, and he clearly saw, throughout He helped form the steering com- have undergirded our Republic, includ- his tenure, godless communism was in- mittee of the Republican caucus in the

VerDate Sep 04 2002 05:05 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.013 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9799 Senate, beginning as a small group of Many words come to mind when I he served as the chairman of the Coun- conservatives and has grown now to think of JESSE HELMS: principled, stal- cil’s Law and Finance Committee. In over 49 members of the Republican cau- wart, kind, patriot, American. But, 1961, Senator HELMS returned to jour- cus. Of Members of that steering com- when I mull his retiring from the Sen- nalism, serving as the executive vice mittee I am honored to be a vice chair- ate, one word keeps coming to mind: ir- president of the Capitol Broadcasting man and one of the leaders of it. Sen- replaceable. Company. He also wrote daily edi- ator GRAMM is here today and served as JESSE HELMS will not be, he cannot torials for television and radio on the chairman. Senator HELMS served as a be, replaced, and that is a sad thing. most pressing issues of the day. His chairman in the early days, 1981 to His presence here has been a constant writings were so popular that they 1985. Now that institution does have a for three decades. Like few others in were printed in more than 200 news- great voice in the affairs of this Sen- this body, Senator HELMS’ career has papers throughout the United States. ate. achieved near-mythical proportions; it Senator HELMS was elected to his He is a great church man, a Baptist is the stuff of legend. first term in the Senate in January deacon, a Sunday school teacher. He Why is that? I believe it’s because 1973. He has been reelected to the Sen- graduated from the Wake Forest Uni- few, if any, others can match JESSE ate five times and has served this body versity, a superb Baptist school, with a HELMS’ deep and unshakable commit- for nearly thirty years. During that superb Baptist heritage. He is a man of ment to principle. JESSE’s not much of time, Senator HELMS always stood firm faith and belief for which he never a deal maker. His vote has never been in his beliefs. Like a rock in the midst apologized. There is in the tradition of up for grabs. You always, always knew of a raging storm, his commitment to the Baptist Church a tremendous belief where he stood. Some agreed, others principle has never wavered. He has in the sanctity of individual human disagreed. But you didn’t have to been a fierce advocate for less govern- beings, a sense of democracy that is guess. ment, reduced taxes, and greater indi- unique. Senator HELMS says that every You get a glimpse of this simple yet vidual freedom. For the last decade, he individual human being had the same profound approach when you walk into has served as either chairman or rank- creator and the same value in the over- JESSE’s office and see the large yes and ing member of the Senate Foreign Re- all scheme of life. no stamps on his desk. That is what it lations Committee, where he has He is a man of graciousness. He is a has been like to deal with JESSE worked to secure our country from for- southern gentleman and kind and won- HELMS. If your idea met his high stand- eign threats, protect American sov- derful to his friends. But he was strong ards, you got an immediate and enthu- ereignty in international institutions, and courageous and firm when he be- siastic ‘‘yes.’’ If it did not, you got an and spread democracy to those op- lieved his principles called for that. He amiable but unmistakable ‘‘no.’’ And if pressed by tyranny and injustice. could be unmovable, but he was also it was ‘‘yes,’’ he’d stick with you no Margaret Thatcher once described kind. matter what. Popularity was not a fac- the essence of accomplishment. She He told the story to me of his friend- tor. The best interests of this country said, ‘‘Look at a day when you are su- ship with former Senator Jim Allen were what mattered. premely satisfied at the end. It’s not a from Alabama. Like Senator HELMS, he It has been a great honor for me to day when you lounge around doing was an independent man who knew the work with Senator HELMS during my 8 nothing; it’s when you’ve had every- rules of the Senate and had the courage years in this body. We have endeavored thing to do, and you’ve done it.’’ to utilize and fight for these values and together to promote conservative Senator HELMS has certainly had ev- use those rules effectively. He told the ideas, in particular the idea that Amer- erything to do, and he has done it. He story about coming to Alabama for ica’s security is best preserved through has accomplished much and finished Jim Allen’s funeral. They got off the the maintenance of our strength and well. His decades of service to his coun- airplane. Senator ALLEN was extraor- the promotion of our values. But I was try and his beloved State of North dinarily well respected in the State, just following the trail that JESSE Carolina have been an example to us loved throughout the State. He re- HELMS blazed. In the 1970s and 1980s, all. He is a man who deserves our trib- called to me seeing a sign that said ‘‘a JESSE HELMS led the fight to put mo- ute and our gratitude. giant has fallen,’’ and tears came to his rality and strength back into American Mr. HOLLINGS. Madam President, I eyes as he told that story to me. foreign policy. People the world over, join the chorus of Senators who today That shows the extent of his affec- from Louisiana to Lithuania, from are saluting our good friend of 30 years, tion for his fellow Senators, his deep Texas to Taiwan, are better off because the distinguished Senior Senator from feelings of companionship. At the same of that. North Carolina, Senator HELMS. time, our Senator HELMS has been a Mark Twain said: ‘‘Always do right. For all 30 years the two of us, rep- giant for American values, for Amer- This will gratify some people, and as- resenting both Carolinas, have shared ican principles, and for this country. I tonish the rest.’’ I was always among the fight to keep jobs in our respective have been honored to know him. I have those gratified by Senator HELMS’ cou- states. If I can say one thing about this been honored to know his wonderful rageous stands on matters of high prin- man, it is that he has always, always wife, Dot, as has my wife, who so much ciple. He did right. And watching other looked out for the interests of the lit- admires her. We give them our best people’s astonishment at this was one tle guy. wishes in their future endeavors. We of the great things about the Helms era Too many in this town want to forget wish them health and vitality and in American politics. about the people who get up every day, many years of service and enjoyment We will miss you, Senator. give an honest day’s work at a textile with their family and friends. They Mr. THOMPSON. Madam President, I plant, play by the rules, but lose out have been served with great distinc- rise to pay tribute to the senior Sen- because of the unfair trade policies of tion. ator from North Carolina, Senator this country. Senator HELMS always Senator HELMS has been a giant in JESSE HELMS. Born in Monroe, NC on looked out for the people Washington this body. It has been an honor to serve October 18, 1921, Senator HELMS has could care less about; the people who with him. served our country over several dec- Washington thinks we can re-train into I yield the floor. ades and in many capacities. From 1942 high-tech, high-tech, but who wants a Mr. KYL. Madam President, it is through 1945, Sen. Helms proudly wore 55-year old first time computer oper- with mixed emotions that I rise today our country’s military uniform as a ator? For his voice on trade issues is to pay tribute to my colleague, mentor member of the United States Navy. how this Senator will remember my and friend, Senator JESSE HELMS, who After World War II, he helped generate friend, and it is for this voice that he is leaving this body after 30 years of ex- public debate as both journalist and has been such a great asset to this in- traordinary service to our country. I editor. stitution. want to honor him and convey to peo- Senator HELMS took up the mantle of Obviously, on many issues we dis- ple around America who do not know public service in 1957 when he was agreed; but he and I would cross any him, what a great person he is. Yet, I elected to the Raleigh City Council. and every party line to help the people hate to see him go. During his four years on the council, of our states. In the future, no trade

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.043 S02PT1 S9800 CONGRESSIONAL RECORD — SENATE October 2, 2002 debate in this body will ever be the American life, whether you agree or truck stop restaurant where real peo- same without the man who served as disagree about the importance of val- ple were eating, where people were Senator from North Carolina longer ues in our schools, in our families, in there who were going to be affected, than any other from that state. our country, whether you consider JESSE HELMS was a hero. My wife, Peatsy, and I congratulate yourself in the worn political cliches of What a great blessing it has been to Dot and JESSE, and we wish them only the era to be pro-life or pro-choice, the country that JESSE HELMS came to health and happiness in the future. there was no spokesman for traditional serve here. I am proud to call him my The PRESIDING OFFICER. The Sen- American values when JESSE HELMS friend. I am proud of his great service. ator from Texas. came to the Senate. They may have I will always remember serving with Mr. GRAMM. Madam President, I been old-fashioned to everyone else, him. begin by talking about our dear col- but JESSE HELMS was comfortable es- Mr. WARNER. Madam President, league, JESSE HELMS. It is hard to de- pousing those values as he has always there are many traditions in the south- cide what to say about this good man been comfortable in his own skin. land, where I am proud to have my that virtually everybody in America There are many stories I could relate roots. I represent the Commonwealth knows. As expected with someone who about JESSE HELMS. I am kind of sorry of Virginia. We have the saying ‘‘a Vir- has strong views as JESSE HELMS, they that many of my young colleagues did ginia gentleman.’’ Time will tell as to either like him or they don’t like him. not know JESSE HELMS in the old days. whether I will ever be able to earn that I like him. In fact, I am proud to say But knowing him now is a pretty good title. But the great Senator to my that I love the senior Senator from substitute for it. I will relate one story right in this Chamber, JESSE HELMS, North Carolina. which I think brings, in one encap- has earned many times over the title So much has been said about him, I sulated form, JESSE HELMS. ‘‘a gentleman from North Carolina’’ don’t want to be repetitive, but there There was a debate in the Senate—I and a ‘‘gentleman of the Senate.’’ are a few points I want to make. It is was in the House—about a gasoline tax, I have had the privilege of working important to look back at America and and there was a broad bipartisan con- with him throughout my 24 years in what America was like and what the sensus that we ought to raise taxes on this Chamber. He has been a leader and Senate was like and what debate was gasoline. After all, people were riding an inspiration. He has helped me and being conducted when JESSE HELMS up and down the road in these pickup other Senators as we have joined in came to the Senate. It is fair to say trucks—we didn’t have SUVs to any this magnificent Chamber time and JESSE HELMS was conservative before significant degree then—but Congress, time again to work our will, to rep- conservative was cool. When JESSE knowing that people really needed resent our constituents, and he always HELMS came to the Senate it was con- smaller cars and needed to learn to live reminds us that we are here for the ventional wisdom in the Senate to whole Nation as United States Sen- begin every foreign policy statement on less, and that we were going to have ators. with a long list of indictments, not to accept smaller ambitions and small- JESSE HELMS is a man of unques- against our would-be adversaries, but er dreams, they had it all figured out, and so Congress was going to impose a tioned integrity, honesty, character, against our own country. There was a wit, and wisdom. And now with his guilt about America, this doubt about new tax on gasoline. lovely wife Dorothy, they seek other our purpose and our policy. JESSE HELMS almost alone stood up challenges in life. I never think of my JESSE HELMS, as a young member of against it. As we all know, they do not the Foreign Relations Committee, call this the greatest deliberative body colleague as retiring. He is going on to started the process of changing that in history because those of us who are other challenges, where he will apply the same passion, the same vigor, the debate. JESSE HELMS may have had in it are such great deliberators. They doubts about many things, but he call this the greatest deliberative body same energy, and the same insight into didn’t have any doubts about America. in history because any individual Mem- those issues about which he feels so He did not have any doubts about what ber has tremendous power. Any indi- strongly. we stood for and stand for. He did not vidual Member who feels very strongly We were never in doubt as to where have any doubts about the fact there about something can have a profound the senior Senator from North Carolina was an evil empire, that there was a effect on it. So JESSE HELMS, almost stood on an issue. To his everlasting cold war. He was very actively involved singlehandedly, was holding up this credit, he learned every day he was in in the fighting and winning of that cold gasoline tax. They wanted to adjourn, the Senate. I have seen him on two war. and everybody was unhappy. major issues learn more and then have Today, we just had a lesson on a bi- We all are familiar with peer group the willingness and the courage to partisan basis from our colleagues that pressure. It is something you are born stand here and look us in the eye and rejects all of this baloney that some- subject to, and it never goes away until say, ‘‘I am going to change my posi- how we should turn over the protection they lower you in the grave. We all tion.’’ of Americans to the U.N., that want to be loved, we all want to be ac- For years, he was concerned—and unilateralism was the wave of the fu- cepted, which is why so many of us rightfully so—about the United Na- ture. On a bipartisan basis, our col- bend with the wind. tions. But then he decided that he leagues said when you come down to But HELMS was not doing any bend- would lead the effort in the Senate, American interests and American lives, ing that day. So on the debate went on. with his Democrat colleagues on the those decisions have to be made by the Finally, the Senate adjourned. No gas- Foreign Relations Committee, to see American President. oline tax. that this Nation lived up to its finan- That is a dramatic change from what So, JESSE is feeling kind of down and cial obligations and in other ways gave the Senate, America, and the world unloved as he is driving back to North support to the United Nations. I never were like when JESSE HELMS came to Carolina, and he goes into a restaurant thought I would witness JESSE HELMS the Senate. Probably no one has done and orders a sandwich, and he is sitting going to the United Nations. He asked more to change that than he has. there, and this guy over in the corner me to go with him. I said to myself this Before JESSE HELMS came to the Sen- says: That’s JESSE HELMS. will be a moment in history, and off we ate, social conservative was a synonym And everybody in the restaurant went with several other colleagues. We for Neanderthal. People in the political stood up and applauded. had a series of meetings in which we arena were a little bit ashamed to talk So his views were out of fashion in freely discussed the issues and, step by about the role of religion in American the Senate. However, he was a positive step, some of those financial problems history. Talking about religious values impediment. He was a throwback to have been resolved because of the lead- and God were so out of fashion that no the era when people did not understand ership of this fine man. up-and-coming Senator with big ambi- that the Senate and the Government On the subject of Africa, there was no tions would do it. JESSE HELMS was a had all the wisdom. They knew what prejudice in his heart. There was con- catalyst in changing all of that. Americans needed, and he was just cern about whether we could expend Whether you agree or disagree with standing in the way; a man from an- funds for that very troubled continent, JESSE HELMS on the role of religion in other age, another era. But in that that troubled population, afflicted by

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.045 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9801 disproportionate levels of disease and Senator HELMS, with all he could When I arrived in the Senate at the poverty and AIDS. Senator HELMS de- have done, took the time of his com- beginning of this Congress, Senator cided he was going to do what he could mittee to push forward a resolution HELMS had already served a remark- to help those people, and that he did, that was not without controversy. The able 28 years. It has been an honor to particularly with regard to AIDS. It treaty said something profoundly beau- serve under the strong leadership of takes a big man, a giant in the Senate, tiful: That we believe a child deserves this gentleman on the Foreign Rela- to do the things he has done. at least one caring, responsible, and tions Committee. I will close with this recollection. I loving parent; that the governments of Senator HELMS has been a strong ad- remember one year being in session up the world should break down barriers, vocate for those rights that Thomas to the eve of Christmas. I cannot re- should do more to see that children are Jefferson proclaimed in our Declara- member the exact day, but Christmas attached to grownups, that children tion of Independence are ‘‘inalien- was coming. Tempers in this Chamber should not raise themselves on the able’’—life, liberty, and the pursuit of were flaring. There was Alan Simpson, street or should not have to sell them- happiness. a marvelous Senator from Wyoming. selves into prostitution; that kids He has led the initiative to promote Suddenly, he and JESSE HELMS had a should not be abused by adults, and a peaceful transition to democracy and bit of a disagreement. As a younger they should be protected by parents. respect for human rights in Cuba. Fidel Senator, I was way back there. The dis- Mr. President, there are too many or- Castro oppresses his people, violates agreement occurred somewhere right phans in this world. One is too many. workers’ rights, falsely imprisons in here. I watched HELMS and I watched Unfortunately, the number is growing them, and denies them the freedom of Simpson. Simpson was noted for his astronomically every day, and these religion. Castro intentionally violates humor. But those two went at it. But children face an AIDS epidemic, war, internationally accepted standards of the bounds of dignity were always and famine. In our own country, we basic human rights to maintain power maintained when those two Senators— have thousands of orphans. People do over the Cuban people. this time of the same party—had such not believe we have orphans in the In response, Senator HELMS spon- a strong disagreement. And many United States of America, but we do. sored a bill to help the people of Cuba times I followed this great Senator as We have approximately 500,000 children regain their freedom and prepare them- we were leaving the Chamber to go in foster care, and about 100,000 of selves for the transition to democracy. back to our offices, and I watched him them, enough to fill up the Super I am proud to be a co-sponsor of that stop and talk to the pages, those who Dome—every seat and the aisles in the bill. provide the infrastructure in this insti- Super Dome stadium—have no parents Senator HELMS has been a leader in tution, who work with their hands, who at all. They think no one wants them. reminding us to put the needs of the do other jobs. He would always find They are all ages, shapes, colors, and Cuban people before the tyrannical time for those to share with him a creeds. They are all loveable kids. agenda of the dictator, Fidel Castro. thought and he would share with them They just do not have anybody to love Castro seeks to retain his monopoly on kind words and kind gestures. My dear them and to call their own. political power by any means possible. friend and his lovely wife and family This Senator worked hard with many Under his rule, Cuba is one of seven have many wonderful years ahead of other Senators to pass this treaty. We states designated by the State Depart- them. did. It is a big deal to a lot of people in ment as a state sponsor of terrorism, I yield the floor. the world. It is helping pave the way and Senator HELMS has not been fooled Ms. LANDRIEU. Madam President, I for the possibility that we could estab- into propping up this regime with U.S. wish to express, as have many of my lish laws and rules that would help taxpayer money. colleagues today who joined the tribute connect orphans to parents. Not just with respect to Cuba, but to Senator JESSE HELMS, my apprecia- If you have ever seen a child who has around the world, Senator HELMS has tion of working with Senator HELMS. been adopted—I know hundreds of peo- been a champion of freedom and de- Particularly, I have enjoyed working ple who have been affected positively mocracy. Senator HELMS and I have with him, and the people of Louisiana by adoption, including my own family, also worked together to support the have truly benefitted and have been who have had wonderful outcomes. It is people of Taiwan through the Senate truly grateful for this man’s work, in not what we read about in the press, Taiwan Caucus. the area of child welfare and adoption. the one or two adoptions that go All the while Senator HELMS has As you might know, when Senator wrong. But throughout the world, there been tackling international abuses and HELMS chaired the Foreign Relations are parents grateful for the blessing to supporting democracy around the Committee several years ago, he had raise children and children grateful world, never once has he forgotten the many grave matters under his jurisdic- that they have been attached to a fam- people of North Carolina and the sov- tion including several important trea- ily. As you know, that is the building ereignty of the United States. ties. Many people asked for his support block of our society. Our society can- The Senator has been a strong, dedi- to call up a number of issues, but, of not be strong if our families are not cated advocate for farmers and people course, he could not champion them strong, and families can be built to be who live and work in small towns, es- all. strong physically, emotionally, and pecially when he was chairman of the Again, so many things competed for spiritually through adoption. Senator Senate Agriculture, Nutrition, and his attention, yet he managed to put HELMS knows that. Forestry Committee. the treaty for the international adop- I wanted to say on this special day Senator HELMS and I are working to- tion of children on the table and to a that we honor him, he can be honored gether to lift the Japanese ban on U.S. vote. This is the first treaty of its kind for a lot of his work, but I think that poultry. We have also worked together in the world. Every treaty is impor- his contributions to children and his on the Farm Bill, ensuring that peanut tant, and everybody who is interested, consistent belief in children with spe- farmers get the highest target price particularly the groups affected, thinks cial needs deserve to be recognized. I possible for their peanuts. With Sen- theirs is the most important. I would join my colleagues honoring him, and I ator HELMS’ key help, the IRS has just be pressed to find a group more vulner- am glad he is back with us in the Sen- announced that it will treat peanut able in the world than orphans. Con- ate to end his long career. quota buyouts as capital gains, not or- sider this—orphans really have no one. Mr. ALLEN. Madam President, I join dinary income. This is good news for They do not have any parents. They do my colleagues in honoring the senior devastated peanut farmers in southeast not have immediate relatives to look Senator from North Carolina, Mr. Virginia and northeast North Carolina. after them to protect, feed, clothe, and HELMS, who will be retiring at the end Regrettably, I have had only a couple educate them. Orphaned minors are a of this Congress. In his five terms in of years to work with Senator HELMS. class with no vote. They might live in the U.S. Senate, Senator HELMS has But it has been a true honor and won- countries where, even if they are been a distinguished leader on behalf of derful pleasure. On behalf of all the adults, they have no voice or vote. his home State of North Carolina and good people of Virginia, I offer my best They are often just lost wanderers try- freedom-loving people throughout the wishes to Senator HELMS and his fam- ing to raise themselves. world. ily. And, I especially thank him for his

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.096 S02PT1 S9802 CONGRESSIONAL RECORD — SENATE October 2, 2002 guidance, encouragement and friend- staffer, Senator, President, Republican reer, thanking him for the contribu- ship that I shall cherish forever. or Democrat, Senator HELMS treats tions he has made to the Senate and Mr. BUNNING. Madam President, for you with the same amount of respect the United States, and wishing him all nearly 30 years now, my good friend and courtesy. That is a fitting tribute the best in the next chapter of his re- and fellow colleague Senator JESSE to a man who has dedicated himself to markable life. HELMS of North Carolina has been a a life of public service. Mr. HATCH. Madam President, It is stalwart of conservative thinking and Again, I thank Senator HELMS for his always a sad day in the U.S. Senate values for this legislative body. He has time in the Senate. This body will cer- when we prepare to bid good-bye to a represented the very best of what the tainly not be the same without him. dear friend and fellow Senator. But Republican party has to offer and I Mr. CRAIG. Madam President, allow when you have been here as long as I would personally like to thank Senator me to add my voice to the chorus of re- have, and you are saying good-bye to a HELMS for his vigor and grit. Now more gard for the distinguished senior Sen- gentleman who was here when I ar- than ever, it is important that this ator from North Carolina, JESSE rived, and whom I first considered a Senate and this nation realize and ap- HELMS. senior Senator and now can also call a preciate the work Senator HELMS has There is a word we use a lot around friend, it is particularly bittersweet. done for the people of North Carolina here the word ‘‘gentleman.’’ Perhaps as Many of my colleagues have spoken and the citizens of the United States of a result of the demands of Senate pro- eloquently already about the senior America. tocol, our colleagues frequently use the senator from North Carolina, my friend Throughout his tenure in the United word in addressing one another. It is JESSE HELMS. I would like to associate States Senate, Senator HELMS has been thrown around so regularly that it has myself with these remarks of tribute a true fighter, a heavy weight cham- almost become as meaningless as ‘‘mis- and respect. If we spent the rest of the pion for America’s values. He fought ter’’ in modern Congressional parlance. year praising JESSE, we would still not against communism throughout the However, ‘‘gentleman’’ is more than do justice to this man. entirety of the Cold War. He fought for a meaningless title in the case of Jesse So I would like to take a moment and still fights for the protection of the Helms. I am not alone in referring to here to comment on the leadership American people against foreign and him as ‘‘the conservative gentleman of JESSE HELMS assumed in his pivotal domestic threats. For 30 years, he has the Senate’’ because that is precisely role as ranking member and chairman battled and fought against liberalism what he is: an unfailingly gentle, kind, of the Senate Foreign Relations Com- in an attempt to bring conservative and courteous man. Even in the heat of mittee. values and ideas back to this nation battle, slicing through the opposition Oh, the wags worried, Mr. President, and to this congress. as he so often does, he maintains not when the Republicans retook the Sen- ‘‘Senator No,’’ as he has come to be just the integrity of his principles, but ate in 1994. What would this mean for known, has developed a long list of en- the integrity of his performance. Even the country that JESSE HELMS would emies on the other side of the aisle and when he establishes himself as the im- chair the committee that conducts the in certain media outlets. But let’s not movable object to block bad policy, as oversight over this nation’s foreign forget what Winston Churchill said he also has done so often, he does it policies and institutions of diplomacy? about having enemies. ‘‘You have en- graciously. There was one cartoon I found particu- emies? Good. That means you’ve stood Senator HELMS’ restraint is all the larly amusing: There was JESSE, scowl- up for something, sometime in your more significant in view of the turbu- ing at his desk, on which sat a globe life.’’ Whether or not you have agreed lence of the debates he has waded into. cut in half, with only the United States with one word or action Senator HELMS This is a man who does not back away showing. The JESSE they portrayed was has said or taken in his 30 years as a from challenges but confronts them. an isolationist, but the JESSE we know Senator in the United States Congress, His dedication to principle is is merely an unabashed defender of the you have to agree with and admire his unshakeable, and he is an invaluable U.S. national interest. determination and strength. Once ally in stormy political passages. As In this very chamber, JESSE has often again, I thank Senator HELMS for being fellow skeptics of the United Nations argued that the State Department has a guiding light in a sometimes dark and particularly, of the International lost the perspective of advancing our world. Criminal Court, I appreciated having interests. Foreign aid, the good senator Mrs. FEINSTEIN. Madam President, his support last year in preventing the from North Carolina is famous for say- I rise today to honor my colleague, United States’ endorsement of that in- ing, ‘‘went down rat holes.’’ Senator JESSE HELMS, and to thank stitution. Surely one of JESSE HELMS’ JESSE sees foreign policy from the him for his service to his country and lasting legacies will be his mark on our perspective of preserving and advanc- the U.S. Senate. Senator HELMS is re- country’s foreign policy. But that is ing the national interest. Call it ‘‘paro- tiring after 30 years in the Senate and only one small part of the profound im- chial,’’ if you will, but JESSE is a tradi- I wish him and his wife, Dot, all the pact he has had on our laws and our tional conservative: the sovereignty of best. culture. the nation state was at the core of the Senator HELMS and I have not always Senator HELMS’ leadership and ar- international system, and if order is to agreed on the issues. But any disagree- ticulate championship of conservative prevail, it would remain at the core. ments we may have had has never got- ideals have inspired countless admirers And no sovereignty was more jealously ten in the way of a constructive and of many generations. I can attest to protected than the sovereign of this cordial working relationship. We the fact that the ‘‘Jesse Helms fan country under our Constitution. served together on the Senate Foreign club’’ extends to my own Senate staff, Of course, you can’t be a traditional Relations Committee for several years who proudly display the photos they conservative without recognizing the and currently serve together on the have had taken with Senator HELMS, virtues of freedom and the threats of Rules and Administration Committee. and talk about his generosity in taking tyranny. You can’t believe in the I have admired his dedication to his time to visit with them—visits they United States and ignore that the views, though I may strongly disagree will remember for the rest of their world presents—and continues to with them, and his commitment to his lives. For my part, I consider it a privi- present threats to these freedoms ema- constituents in North Carolina. There lege to have served with, and learned nating from all forms of tyranny. And were certainly several occasions when I from, a man of his caliber. JESSE has fought against them all. wished I had Senator HELMS fighting Senator HELMS has been an extraor- There is no stauncher anti-com- on my side. dinary advocate for the people of North munist than JESSE HELMS, and I ad- When the battle was done, there were Carolina and, indeed, this Nation. His mire him for this. Whether it is Latin no hard feelings. As several of my col- clear vision and steady guidance will American communism under the Cas- leagues here today have mentioned, be sorely missed when he leaves the tro dictatorship or Sandinista state, or you would be hard pressed to find a Senate in the coming months. I join the Soviet managers of the Gulags in- nicer man in the U.S. Senate. Whether my colleagues today in congratulating ternal and external, JESSE has stood up you are a page, maintenance worker, JESSE HELMS on his distinguished ca- to them and has outlived most of them.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.108 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9803 No man stands for freedom against ventional wisdom, saw over the hori- time Senator HELMS has been in the communism more steadfastly than zon, and strengthened America’s posi- Senate who their favorite Senator was, JESSE HELMS. To do so was the funda- tion in the world. I am sure they would tell you it was mental attribute, in my opinion, of a And my friend JESSE HELMS knows JESSE HELMS. He takes time to get to conscientious internationalist. that, when America’s position in the know them all and to greet them each The foes of JESSE HELMS know that world is strengthened, the security of day. He really cares about them and he he is relentless. His friends know that the world is advanced. This is the kind wants them to know they are appre- he devoted. Small democracies around of internationalism that I admire. ciated. That is the way Senator HELMS the world and I think of Israel and Tai- Most people are not focusing now, has treated everyone in the Senate. He wan have in JESSE HELMS a stalwart among the debate over Iraq, on the fact has a heart of gold. defender. that NATO is engaging in another ex- When Senator HELMS was Chairman JESSE’s internationalism, doubted by pansion, bringing in seven nations of of the Agriculture Committee, I appre- many, has transformed the world. Let central and eastern Europe into this ciated the fairness and respect he me give you but a few brief examples: military organization of democracies. showed to all of the members of our After years of frustration in Wash- The alliance will be stronger for this, committee. He was especially helpful ington, JESSE could no longer tolerate and U.S. national security will be more to me and I will always be grateful to the waste and ideological neglect ema- secure. him for his friendship. nating from the United Nations. Build- This is the second enlargement after I wish for him much happiness and ing on policies of restricting funding to the end of the Cold War. The first was satisfaction in the years ahead. that body that began in this Senate in completed in 1999, when Poland, Hun- The PRESIDING OFFICER. The Sen- the 1980s, JESSE drafted legislation set- gary and the Czech Republic became ator from North Carolina is recognized. ting targets of reform and reduced U.S. members. In 1998, this body, where we Mr. HELMS. Madam President, I contributions that most people be- must ratify any North Atlantic Treaty thank all Senators who have been so lieved the U.N. would never comply amendments, had a historic debate on kind this morning. with. JESSE was anti-U.N., many whether to allow these members. JESSE I have been sitting here at this desk charged, and wanted the U.S. to with- HELMS shepherded that debate, and wondering who on Earth is this Helms draw from that body into further isola- U.S. national security interests were fellow whom my colleagues keep talk- tionism. advanced. ing about. To be sure, there are news- This was nonsense, of course, JESSE, All of us know that there is so much paper editors in North Carolina who who was parodied as an anachronistic to JESSE HELMS that we cannot do him will tell you that any kind words ut- reactionary, is in fact an internation- justice in our remarks of appreciation. tered about Jesse Helms are, at best, alist visionary. He knew that the Constituents, colleagues, foreign exaggerations. American public would soon cease to friends—all of these know this of this So it goes without saying that I am tolerate inequitable funding requests man. grateful for the generosity of my col- A few years ago, I had a meeting with for a broken international bureauc- leagues. It reminds me of the first time an impressive songwriter named Bono, racy. He knew that the way to I came to Washington, DC to work in who came to my office seeking support irrelevancy for the U.N. was the path it this Capitol Building, back in 1950. I for debt reduction in the poorest coun- was on. JESSE cut another path, in had come to Washington with a re- tries of the world. I was impressed with markable Senator, Willis Smith, who landmark legislation that gained, ulti- Bono and his work, and I was im- had the highest and finest credentials mately the vast majority of the sup- pressed that he wanted to work within as one of the Nation’s leading and most port of members on both sides of this the system, respecting economics while respected attorneys. aisle, to demand that the U.N. reform advocating compassion. He had my Senator SMITH deserves a tribute all its bureaucracy and reinvigorate its re- support. As he left his office, I asked his own. He was, among other distinc- lationship with the U.S. and the U.S. where he was going. Bono told me, Congress. tions, chairman of the Board of Trust- ‘‘I’m going to meet Senator HELMS.’’ ees of Duke University, and former The U.N. heard the message and re- That will be interesting, I thought to sponded. And it is a better organization myself. president of the American Bar Associa- for it. The fact that President Bush As is now well-known, Bono and tion. I was honored that he had shown was able to address that body two JESSE HIT IT OFF. AND TODAY JESSE the faith in me that led him to bring weeks ago from a position of mutual HELMS is a leader in supporting the me with him to Washington as his ad- respect, and that we will be able to U.S. contribution to fighting that ter- ministrative assistant. work constructively with that body in rible pandemic in Africa. The Senate was a far less hectic place 1 the coming difficult months ahead, has Many have tried to define JESSE during the 2 ⁄2 years I worked for Sen- a great deal to do with the foresight of HELMS by what he opposed. I will re- ator Willis Smith, before his tragic and JESSE HELMS. member him for what he supported: untimely death in 1952. All of us who In recent years, JESSE has promoted Freedom, human rights, and strong and worked in the Senate at that time had the American Servicemembers Protec- independent America, free to spread its the privilege to know some of the true tion Act, which I have been proud to good in the world. pillars of the Senate, men who were the cosponsor, to defend U.S. military from I thank my good friend for his years cornerstone of America in the 20th cen- prosecution of an ill-focused United of service, for his friendship to me, for tury, among them, a special friend of Nations International Criminal Court. his impeccable courtesy in debates mine, Richard Russell of Georgia. Sen- Not a popular cause among the whether we agreed or not. We will ator Russell was so kind to have taken multilateralists, abroad and in our own never see the likes of a Senator HELMS an interest in me in those years, and I government, but JESSE HELMS has al- again. vividly remember many conversations ways been about doing what’s right for Mr. COCHRAN. Madam President, it with this remarkable American. Once, America, not what’s popular. was good today to hear the many he told me something, for example, This legislation was recently signed heartfelt sentiments and compliments that I never have forgotten. He com- into law. And guess what, Mr. Presi- being expressed in the Senate about mented: ‘‘Jesse, a Senator who goes dent. The European Union, the profes- our distinguished colleague from North onto the Senate floor without knowing sional advocate of all things multilat- Carolina. I want to be counted among the rules is only half prepared. And a eral, is coming around to recognizing those who respect JESSE HELMS for his man who walks onto the Senate floor that the U.S. must have as a compo- conscientious and diligent service in with command of the rules can cut nent of bilateral relations formally ex- the Senate and for the generosity of Senators lacking such knowledge to clusions our servicemen who sacrifice spirit he displays and the affection he ribbons.’’ so much for their country and should has for his fellow Senators and the I never imagined that more than 20 be accountable only to their country’s staff and employees of the Senate. years later, in 1972, the turn of events laws and commander-in-chief. Once If you could ask all of the Senate would lead me to be persuaded to be- again, JESSE HELMS eschewed the con- pages who have served here during the come the Republican candidate for U.S.

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.105 S02PT1 S9804 CONGRESSIONAL RECORD — SENATE October 2, 2002 Senate from North Carolina. Nor did I Every so often, a reporter will ask MCCAIN, I am proud to introduce this ever expect to have the good fortune to me what I consider to be my legacy bipartisan resolution which would au- win. But on election night 1972, at 9:17 after 30 years in the Senate. Now ‘‘leg- thorize the President of the United p.m., Walter Cronkite came on the tel- acy’’ is a fancy word for the son of a States to use the Armed Forces of the evision and said, ‘‘Down in North Caro- small town police and fire chief, so I United States as he determines to be lina, a fellow named Jesse Helms has never know how to answer such a ques- necessary and appropriate in order to got himself elected to the Senate.’’ tion. defend the national security of the So, I went off by myself and prayed But there is one thing I should men- United States against the continuing for guidance. Then, after spending tion that has given me particular satis- threat posed by Iraq, and to enforce all some time with my family, I remem- faction during my Senate career. When relevant United Nations Security bered that comment by Senator Rus- I was first elected, it was, as I have Council resolutions regarding Iraq. sell. I determined that I would do the mentioned, a genuine surprise. I never There is no more fateful or difficult best I could to learn something about expected to win. And one of the things decision that we as Senators are ever rules of the Senate. I promised myself on that November called upon to make than a decision as It developed as soon as I was sworn night was that I would never, ever, fail to whether and when and how to au- into the Senate in January 1973 that I to see a young person, or a group of thorize the President as Commander in had the great fortune to have a teacher young people, who wanted to see me. Chief to put the men and women of the like Senator Jim Allen of Alabama. Now the young lady who keeps track U.S. military into battle. Each Member of the Senate must Once a week, I would go to Senator of such things in my office recently make this decision at this hour accord- ALLEN’s office, and he would conduct told me that I have had the chance to ing to their personal conscience and an impromptu classroom in Senate pro- visit with more than 100,000 young peo- their sense of what is best for the secu- cedure. Then, as often as I could, I ple during my nearly 30 years in the rity of the people of the United States would come to this Chamber and pre- Senate. I have been the beneficiary of of America. side over the Senate. the time I have spent with these young For my part, and that of my col- So as a freshman Senator, I had a folks. leagues, I have made that decision. For wonderful opportunity to preside over It is in them that I have seen the more than a decade now, Saddam Hus- the Senate. That enabled me, working promise of what I regard as the ‘‘Mir- sein has threatened the peace and secu- with that great man Dr. Floyd Riddick, acle of America.’’ They are bright, cu- rity of his region and the wider world. Chief Parliamentarian of the Senate, rious, throughly decent young folks We went to war in 1991 to roll back his to learn the rules backwards and for- who are committed to preserving the aggression—an invasion of Kuwait—be- wards. True to Senator Russell’s words, ideals of America as a country devoted cause we determined across party lines those rules came in handy during some to freedom and opportunity. that Saddam Hussein had ambitions spirited battles around here. And as As Dot Helms and I prepare to go that were hostile to America’s security the years went by, I won some and lost home—this time for good—we are and the peace of the world to become some, but I always had the comfort of grateful to young people who have vis- the dominant power in the Arab world knowing I had done what I thought was ited us. Dot and I are convinced that which, if ever realized, would be bad for right in the best way I knew how. America’s future is in fine hands. the Arab world, bad for the peace and I recall the time that I mentioned They are not my legacy; they are security of the broader region, and the late Senator Dick Russell in debate America’s legacy, and I thank the Lord very bad for the people of the United one afternoon. Later that evening, Ma- for them every day. States. We won that war in Kuwait— jority Leader Mike Mansfield thanked I thank the Chair, I thank my col- Operation Desert Storm—but Saddam me for my reference to Senator Rus- leagues, and I thank the people of Hussein has continued for the decade sell. Senator Mansfield mentioned that North Carolina for allowing me the since then, notwithstanding documents former Senators who departed by rea- honor of serving in the U.S. Senate. that Iraq signed to conclude the gulf son of death or expiration of their ten- The PRESIDING OFFICER. The Sen- war, to thwart the rule of law inter- ures here were often quickly forgotten. ator from Connecticut is recognized. nationally, to deceive and deny all that Senator Mansfield was right about f he had promised to do at the end of the this. As will be true in my case, most gulf war, and all that the United Na- Senators who have completed their MEASURE READ THE FIRST tions called on him to do in the years service will be forgotten, just as surely TIME—S.J. RES. 46 since then. He has continued, without as others have faded into history. Mr. LIEBERMAN. Madam President, question, to develop weapons of mass As I approach the end of my five destruction and the means to deliver terms in the Senate, I realize that along with Senators WARNER, BAYH, and MCCAIN, I have a joint resolution them on distant targets. He has contin- being remembered isn’t important. ued to earn a dubious place on that What is important is standing up for at the desk and I ask for its first read- ing. small list of countries that the State what you believe to be right, hoping Department considers state sponsors of that you have done everything you can The PRESIDING OFFICER. The clerk will state the joint resolution by terrorism. to preserve the moral and spiritual Even today, Iraq has provided shelter principles that made America great in title. The bill clerk read as follows: for significant figures within al-Qaida the first place. who struck us on September 11, as they A joint resolution (S.J. Res. 46) author- My father, rest his soul, was a good have fled from American military man who taught me many things. In izing the use of U.S. Armed Forces against Iraq. forces in Afghanistan. my office, there is an inscription of President Bush has said that the Mr. LIEBERMAN. Madam President, something he told me many years ago. hour of truth has arrived. We can no ‘‘Son,’’ he said, ‘‘The Lord doesn’t ex- I ask for its second reading and object longer tolerate the intransigence and pect you to win. He just expects you to to my own request. danger posed by Saddam Hussein. He try.’’ The PRESIDING OFFICER. Objec- has gone to the U.N. and sought sup- With the remarkable Dot Helms at tion has been heard. port from the international commu- my side, we have done our best to live The joint resolution will receive a nity. up to my father’s admonition. And second reading on the next legislative This resolution is our attempt to ex- while we are certainly not perfect, and day. press our support of the President as we certainly haven’t always had all the f Commander in Chief in seeking inter- answers, we have the comfort of feeling national backing for action against that we have done the best we can. No- USE OF U.S. ARMED FORCES Saddam Hussein. It is also a way to body can claim to have had a better AGAINST IRAQ strengthen the President’s hand as life, or to be more blessed and honored Mr. LIEBERMAN. Madam President, Commander in Chief. If Saddam Hus- by the people of North Carolina than along with my dear friends and col- sein does not comply, or if the United Dot Helms and me. leagues, Senators WARNER, BAYH, and Nations is not willing to take action to

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.048 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9805 enforce its orders, in my opinion, this bility of bringing this question of tain his power within Iraq, but in all is the last chance for Saddam Hussein weapons of mass destruction in Iraq to likelihood will use these terrible weap- but also the best chance for the inter- a conclusion so this world can be more ons to project that power, to intimi- national community to come together peaceful. date other states in the region, and po- to prove that resolutions of the United I thank my colleagues, most particu- tentially one day for use against us as Nations mean more and have more larly the four of us who are here today. well. weight than the paper on which they I yield the floor. If there is even a 10 or 15-percent are written. The PRESIDING OFFICER. The Sen- chance of smallpox or anthrax or a It is also the hour for Members of ator from Nevada. crude nuclear device could one day be Congress to draw together across party f placed in the hands of suicidal terror- lines to support the national security ists for use against the United States EXTENSION OF MORNING of the United States. A debate will fol- of America, this is a risk we cannot af- BUSINESS low in the days ahead. It is an impor- ford to run. We have attempted diplo- tant debate that should not be rushed. Mr. REID. Madam President, morn- macy without effect. We have at- It should be reflective. Ultimately, I ing business is supposed to conclude at tempted economic sanctions to no ef- am confident the resolution that Sen- 12:30 p.m. I know there has been some fect. ators WARNER, BAYH, MCCAIN, and I are adjustment on the time because of trib- Regrettably, my colleagues and I introducing will enjoy the broad, bipar- utes to Senator HELMS. Since we are have concluded the President needs the tisan support that our national secu- not going to be able to vote on the bill authorization to use force to protect rity demands at this time. that would be called up, for reasons I our country from this sort of eventu- I thank the Chair and yield the floor. do not understand—we are not going to ality. Of course, we will continue to ne- The PRESIDING OFFICER. The Sen- be able to vote on cloture until tomor- gotiate with the United Nations. Of ator from Virginia is recognized. row—I ask unanimous consent morning course, we will gather our allies. But Mr. WARNER. Madam President, I business be extended until 1:45 p.m. the time has come to unite, to do what commend our distinguished colleagues, today, with Senators allowed to speak it takes to defend our country. Senator LIEBERMAN and Senator BAYH, therein for a period of up to 10 minutes I am pleased to join with my col- for joining my good friend, Senator each. leagues, Senators WARNER, MCCAIN, MCCAIN, and myself as we introduce The PRESIDING OFFICER. Without and LIEBERMAN, in giving the President this resolution on behalf of the leader- objection, it is so ordered. the authority he needs to do exactly ship in the Senate. Certainly, those Mr. REID. Madam President, there that. leaders will join us on this. are a number of people in the Chamber I thank the Chair. I yield the floor. I remember in 1991, Senator Dole, wishing to speak. We have been able to The PRESIDING OFFICER. The Sen- Senator MCCAIN, and I led the effort on offer tributes to Senator HELMS, and ator from Arizona. this side of the aisle, and my good people are also talking about sub- Mr. MCCAIN. Madam President, I rise friend and colleague of these many stantive issues, such as the Senator today to join my three colleagues, Sen- years joined us. There was a historic from Connecticut, the Senator from ator WARNER, the distinguished rank- debate. We will now embark this great Virginia, now the Senator from Indi- ing member and former chairman of body of deliberation on a similar de- ana, and the Senator from Arizona, the Armed Services Committee, Sen- bate on this extremely important reso- who wishes to speak. If we need more ator BAYH, and Senator LIEBERMAN. I lution. time, I am sure we can do that. am always honored to have my name I commend our President for the The majority leader is contemplating associated with these three out- leadership he has shown. This issue a vote today at 2 o’clock on a nomina- standing public servants. would not be in the forefront world- tion. We have not worked it out with This resolution, we should make very wide, the forefront in the U.N., and now the minority. We are trying to do that. clear, is the text of the resolution in the forefront of the U.S. Congress The PRESIDING OFFICER. The Sen- agreed to this morning by the Presi- had not this very bold and courageous ator from Indiana. dent of the United States and congres- President undertaken the difficult task f sional leaders. This is the exact text of of pointing out the perilous times in a resolution that was agreed to in which we live with regard to terrorism USE OF ARMED FORCES AGAINST hopes the debate will take place on two and, most particularly, the threats IRAQ exact resolutions in both Houses of the posed not by the people of Iraq, but by Mr. BAYH. I thank the Chair. Madam Congress. I believe with open, spirited Saddam Hussein and his regime. President, I am pleased to join with my debate and discussion, we will come to Madam President, I wish to commend colleagues today on a bipartisan basis a consensus which is broad based, and Leader LOTT. We met with him this to authorize the President of the following a debate which I think will morning. We have been meeting with United States to use appropriate force be illuminating and educational to the him through the day. Senator MCCAIN to defend the national security inter- American people, as well as our col- and I and others have been a part of his ests of our country. leagues. working group to achieve the max- I join in this effort with a sense of re- America is at war with terrorists who imum bipartisan support obtainable on gret that events have come to this. No murdered our people one year ago. We this resolution. I am confident that one can contemplate the use of mili- now contemplate carrying the battle to will be achieved. I am very confident, tary force with much satisfaction, but a new front—Iraq—where a tyrant who given the leadership of our two distin- I also approach this debate with the has the capabilities and the intentions guished colleagues joining us here firm conviction that the time has come to do us harm is plotting, biding his today, because it is important there be to unite, to take those steps that are time until his capabilities give him the a solid phalanx of the House of Rep- necessary to protect our country, in- means to carry out his ambitions, per- resentatives, which will have an iden- cluding the use of force, because all haps through cooperation with terror- tical resolution, and the Senate joining other avenues have been exhausted and ists—when confronting him will be together behind our President and seem unlikely to lead to the result of much harder and impose a terrible speaking with one voice, as our Presi- protecting the American people. cost. dent and the Secretary of State, work- Iraq presents a very significant po- Saddam Hussein is in patent viola- ing through the United Nations, tential threat to our country. Saddam tion of the terms of the Gulf war achieving, hopefully, a resolution Hussein possesses chemical, biological, ceasefire and 16 United Nations Secu- which will comport with the Presi- and some day will possess, if events are rity Council resolutions. He possesses dent’s historic address to the United allowed to run their course, nuclear weaponized chemical and biological Nations, and also a resolution that will weapons. If there is one thing we can weapons and is aggressively developing reflect the United Nations is going to say with absolute certainty, it is he is nuclear weapons. He holds the perverse stand up as an organization and live up developing these weapons for no benign distinction of having used weapons of to its charter and take on the responsi- purpose. He does not need them to re- mass destruction against both his own

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.051 S02PT1 S9806 CONGRESSIONAL RECORD — SENATE October 2, 2002 people and his enemies—the only dic- possible. Until that time, I had serious port on DOJ authorization. I do that tator on Earth who has done so. As our concerns about the administration’s because I know he opposes a significant President has said, Saddam Hussein’s policy in the Balkans. But once the piece of it, Senator HATCH’s legislation Iraq is a grave and gathering danger, a President made his decision, I worked regarding automobile dealer arbitra- clear threat to American security and with Senator Bob Dole, Senator WAR- tion, but I applaud Senator SESSIONS the security of our friends in the re- NER and many of my colleagues to for reaching beyond that for the better gion. make sure the President—a President bill, the overall bill. As I just mentioned, Congress must from the other party whom we had I compliment his work on the con- debate the question of war with Iraq. It criticized harshly for his conduct of na- ference report on the Paul Coverdell is appropriate and right for the people tional security policy—had the support Forensic Sciences Improvement of the United States to have their he needed to enforce the peace in Bos- Grants, the Center for Domestic Pre- voices heard in this debate through nia. I think my friend Senator Dole paredness in Alabama, and a number of their representatives in Congress. But would agree with me that it was one of other States. as the President has said, the nation the high points of our service in the In a hurried time, and sometimes must speak with one voice once we de- Senate. partisan Senate, we do not take enough termine to take a course that will most Thanks to the President’s leadership time to acknowledge and appreciate likely send our nation’s young men and over the past few months, the Congress work done by those on the other side of women to war. has been moving steadily to support the aisle. I take this moment to ex- The President has patiently worked the President’s determination to hold press my appreciation of the work of with Congressional leaders to craft a Saddam Hussein accountable to the the Senator from Alabama, Mr. SES- resolution authorizing him to take nec- world. I urge all my colleagues to SIONS. essary action in Iraq to defend Amer- renew their efforts to come together on Mr. LEAHY. Mr. President, it is the intention of Senator HATCH and I to ican national security and enforce all one resolution—to show the world we move to suspend paragraphs 2 and 3 of relevant U.N. Security Council resolu- are united with the President to en- rule XXVIII of the Standing Rules of tions. The resolution is a product of force the terms of the gulf war the Senate for consideration of the compromise that protects both con- ceasefire and prevent Saddam Hussein conference report on H.R. 2215, the De- gressional prerogatives and the author- from threatening our and the world’s partment of Justice Appropriations ity of the Commander in Chief to use security ever again. Authorization Act. whatever means he determines nec- Again, I want to thank Senator essary to protect American security. LIEBERMAN, Senator BAYH, and Senator f The President’s authority is not ab- WARNER, and I especially would like to TRIBUTE TO STROM THURMOND solute on these matters. But he is the mention Senator LIEBERMAN and Sen- Mr. GRAMM. Let me also say that I Commander in Chief, and he has made ator BAYH have shown some courage on put a statement in the RECORD today clear that congressional action to tie the floor of the Senate, as Senator about STROM THURMOND. I was busy his hands, to limit the way he can re- WARNER and I have had to do in the trying to deal with homeland security spond to threats to the security of the past, when perhaps the majority of our when we had the time to speak on American people, will damage our party may not have been in complete STROM THURMOND. But I do want to re- country’s ability to respond to the agreement. late one story about STROM, which is in clear and present danger posed by Sad- I yield the floor. my statement in the RECORD. When I dam Hussein’s Iraq. The PRESIDING OFFICER. The Sen- was elected, like many new Senators There is a reason why the Constitu- ator from Virginia. do, before we went into session I tion vests shared power in the Presi- Mr. WARNER. Madam President, this brought my two sons to the Senate. I dent and the Congress on matters of concludes the introduction of this mat- guess one of them was about 8 and one war. But there is also a reason why the ter to the Senate. I thank my friend of them was about 10—or maybe 10 and Constitution recognizes the President JOHN MCCAIN for his leadership on this 12, I lose track. of the United States as Commander in issue from the very beginning, as he Anyway, we found my desk. So I said Chief. Limiting the President’s ability consulted in the process with Senator to my sons: Do you all want to sit in to defend the United States, when Con- LOTT and others with regard to this my chair? By this time they had gress and the President agree on the resolution. looked around at all of the desks, and nature of the threat posed to the If those who wish to join us would they decided they didn’t want to sit in United States by Iraq, is unwise. kindly indicate their expressions of my chair. They wanted to sit in Barry No resolution tying the President’s support to the leaders, myself, Senator Goldwater’s chair and STROM THUR- hands or limiting the President’s abil- MCCAIN, and Senator LOTT. Before MOND’s chair. ity to respond to a clearly defined leaving the floor, Senator HELMS indi- I guess at the time, my feelings were threat can anticipate the decisions the cated his strong support, and in due a little hurt. But looking back, when I President will have to make in coming course we will constitute the cospon- am sitting on the front porch of a nurs- weeks and months, with American sors of this resolution as we move for- ing home somewhere and nobody re- forces deployed overseas on his orders, ward. members who I am or what I ever did, to defend American security. We can- I suggest the absence of a quorum. I am going to be able to say to myself: not foresee the course or end of this The PRESIDING OFFICER. The I knew and I served with the great conflict, even though to most of us the clerk will call the roll. STROM THURMOND. An absolutely re- threat is abundantly clear, and the The bill clerk proceeded to call the markable man, not because he is 100 course of action we must pursue is ap- roll. years old, in the Senate, but because he parent. That’s why there is one Com- Mr. SESSIONS. Madam President, I is forever young—not in a physical mander in Chief, not 535 of them. Re- ask unanimous consent that the order sense. My God, his physical capacities stricting the President’s flexibility to for the quorum call be rescinded. are amazing. conduct military action against a The PRESIDING OFFICER. Without I remember one night, it was about 2 threat that has been defined and iden- objection, it is so ordered. in the morning, we were in session. tified makes the United States less ca- The PRESIDING OFFICER. The Sen- Senator BYRD was keeping us here to pable of responding to that threat. ator from Vermont. debate something. I was dog tired. I Supporting the President in his role f was talking to STROM, and he was la- as Commander in Chief does not nec- menting that his brother had died be- essarily mean supporting the Presi- BIPARTISAN SUPPORT OF H.R. 2215 cause he hadn’t taken care of himself dent’s policy on matters of national se- Mr. LEAHY. Madam President, I and burned the candle at both ends. curity. In 1995, President Clinton deter- take a moment while the Senator from I said to STROM: How old was your mined to deploy American forces to Alabama is here. I thank Senator SES- brother? He was 89 years old. But to Bosnia to uphold a fragile peace in a SIONS for his statement yesterday in STROM, that was not taking care of land where many said peace was not support of the bipartisan conference re- yourself.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.054 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9807 The amazing thing about STROM buy terrorism insurance. The President relative to the contributions of Sen- THURMOND’s eternal youth is not phys- has asked us to move forward on a bill. ator STROM THURMOND and Senator ical, it is mental. This is a man in his In October, the House had already JESSE HELMS. But one of the things long career who could learn new les- acted on the bill and, on a bipartisan outstanding in my mind is the tours sons. This is a man who is not ashamed basis, Senator DODD, Senator SAR- that Senator THURMOND used to give to say: I am not as ignorant as I used BANES, Senator ENZI, and I worked out when we had a social event here in the to be. This is a man who could admit to a compromise which was agreed to by Capitol. Upon the conclusion of the changing his mind. the Treasury that had a compromise on event, he would offer to take at least We are in the only profession where the issue of: Can you sue somebody some of the guests on a night tour of people look down on you if you learn who is a victim of terrorism for puni- the Capitol, and he would recite in- something; that somehow you are in- tive damages? stances that occurred 30, 40, 50, and al- consistent if you thought one way one The President’s view is very strong most 200 years ago relative to the sa- day and you acquire more information on the subject; that is, when somebody cred surroundings and the Old Chamber and you change your mind. has been the victim of terrorism, it is where the Supreme Court originally The most amazing thing about like someone coming onto a hospital was here in the Capitol, and reflect hu- STROM THURMOND to me is that ship to prey on them by filing lawsuits morous stories of who sat where and through all of his public service, from against them. Lawsuits against terror- what their personal traits might be. supreme court justice in South Caro- ists is fine, but for victims of terrorism Looking back on my 22 years in the lina, from superintendent of schools, to there shouldn’t be punitive damages. Senate, I treasure those moments. My general in the Army on D-Day—we all We worked out a compromise on a bi- wife Nancy and I often have talked know the story about one of our col- partisan basis. But the plaintiff’s bar about them. Unfortunately, his health leagues going over with President came out against that compromise, does not allow him to conduct those Reagan and saying to STROM he should and, as a result, we have never been tours anymore, but for those who were have been there at Normandy, and able to do anything from that point on. fortunate enough to share a few mo- STROM said he was there. And he was Again, it is the case where there is a ments of his humor on those tours, the there when it counted, on June 6, 1944— powerful special interest that is pre- historical references, his magnificent is that eternal youth, that ability to venting us from promoting the public memory, and the reference to the learn something new, to have a new interest. uniqueness of the Senate, and the out- perspective and to change that makes I am hopeful in the remaining days of standing highlights of the various ca- STROM THURMOND the most remarkable this session—and I believe unless the reers of those who have come and gone, person with whom I have served. end point is changed, today is Wednes- it was truly a memorable experience. f day, so tomorrow is Thursday; we are Today, we set aside time for Members probably not going to do a lot of work to comment on Senator HELMS who is HOMELAND SECURITY AND on Friday or Monday. Then we are also leaving us. Again, it is a matter of TERRORISM INSURANCE planning to adjourn Thursday, or Fri- individual impressions that Members Mr. GRAMM. Finally, seeing I have day, or Saturday at the latest—if we leave you with. another colleague come to the floor, I are ever going to do something on Without exception, Senator HELMS’ want to say something about two homeland security and terrorism insur- comments on this floor back in 1983 issues that are before us that I am frus- ance, we had better get on with it. stand out in my memory as certainly trated with, as, I am sure, are many of The amazing thing is that it is appar- the most significant, most timely, and my colleagues. But in both cases, our ently going to be very easy for us to most on target references to a fright- problem is the power of special inter- pass a resolution giving the President ening situation that occurred. That ests as pitted against the public inter- the power to go to war. I support that was the shooting down of the Korean est. We are trying to do a homeland se- because I think American security in- Airlines flight 007, which was shot curity bill, and it is not easy because terests are at stake. We can do that be- down by a Soviet Sukhoi 15 fighter jet to change the way Government does cause there is no well-organized, pow- on September 1, 1983. That flight was business is to take on a powerful polit- erful political special interest group on its way from Anchorage, AK, to ical constituency, the Government em- that supports Saddam Hussein. But we Seoul, Korea. There were 269 lives lost, ployee labor unions. They are orga- can’t do homeland security and we including a Congressman, Larry nized and they are active. We are all can’t do terrorism insurance because McDonald. aware that we are having an election there are organized, effective, powerful At that time, Senator HELMS and next month. Members are being forced special interest groups that oppose Senator Symms, the former Senator to choose between national security what we are trying to do. I hope we can from Idaho, were on another Korean and political security, to choose wheth- overcome that hurdle. I hope in the Airlines flight that was in transit in er we are putting business as usual and process we can pass these two impor- Anchorage the same time as the Ko- work rules negotiated between the tant bills. rean Airlines flight 007. Government and unions above pro- I yield the floor. I was in the Senate Chamber when tecting the lives of our citizens. The PRESIDING OFFICER (Mr. ED- Senator HELMS delivered his floor It is frustrating to me that even WARDS). The Senator from Alaska. statement on September 15, 1983. There when people’s lives are on the line, f were many who were commenting and powerful special interests can wield the TRIBUTE TO SENATOR JESSE making statements, but by far the kind of power that the Government most moving statement was Senator employee labor unions have been able HELMS AND SENATOR STROM THURMOND HELMS’. I am going to take the liberty to bring to bear on this issue. of quoting a bit of his statement at I had always thought when we start- Mr. MURKOWSKI. Mr. President, I that time. Let me quote the statement ed this debate that when we were talk- am sorry I could not get the floor ear- of Senator HELMS as follows: ing about protecting the lives of Amer- lier. But I assume we are still in morn- Mr. HELMS. I was on the Korean airplane icans, we were going to give the Presi- ing business, and that I may proceed that landed in Anchorage for refueling 20 dent the benefit of the doubt. But at with reference to a couple of our col- minutes after the ill-fated plane. Both planes least to this point we have not. leagues who are leaving. I was unavoid- were on the ground for more than an hour, A second issue is terrorism insur- ably detained in a conference meeting meaning that both planes were there to- ance. I was with the President yester- with the House of Representatives on gether for the better part of an hour. Most of day. Many of our colleagues were the status of the energy bill. the passengers on both planes went into the there. He was talking about $16 billion First, I think it is important as we terminal. It so happens that the distinguished Con- of projects, 300,000 construction hard- see our friends depart from this body to gressman from Georgia, Representative hat jobs that we were not creating be- talk about what is outstanding in our Larry McDonald, did not, or I did not see cause people were afraid to build high- own minds relative to their contribu- him. But in the lounge of the terminal I saw profile projects because they cannot tions. One could go on at great length one of the most delightful young families

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.057 S02PT1 S9808 CONGRESSIONAL RECORD — SENATE October 2, 2002 anybody could ever hope to see. A young He served with the storied 82d Air- Throughout his life Senator THURMOND man and his wife-the young was going to borne Division and landed in Normandy was a Democrat, a Dixiecrat, and a Re- Seoul, as I understand, to head up Eastman on D–Day. His combat service earned publican, but most importantly he was Kodak’s organization there. They had two him eighteen citations, including the always a patriot. little girls, aged 5 and 3. His unflinching devotion to his coun- The mother was sitting reading Bible sto- Bronze Star for Valor, a Purple Heart, ries to those two little girls when we en- the Belgian Order of the Crown, and try manifested itself in his service and tered. The little girl was sitting on her the French Croix de Guerre. He contin- chairmanship of the Senate Armed mother’s lap and the 5–year-old was sitting ued his military career as a Major Gen- Services Committee. Moreover, his un- on the arm of the chair. And when the moth- eral of the U.S. Army Reserve. He also flagging dedication to justice was rep- er had finished reading to the children, I acted as National President of the Re- resented by another chairmanship, went over and introduced myself. serve Officers Association. that of the Senate Judiciary Com- In the conversation, he offered to It is easy to forget this heroism, be- mittee. As a Senator who has served take the children and read them a cause it was so long ago and he has ac- with Senator THURMOND on both of story while their mother went to re- complished so much since them, But, these committees, I have had the privi- fresh herself. They were on his lap. for me, as a Veteran, and as someone lege of seeing a great legislator in ac- They were playing games—the same who lost his father in service to his tion. games he played with his own grand- country, I believe we each owe Senator As a veteran, I am thankful for all children. He said: THURMOND our gratitude for his cour- that Senator THURMOND has done, such They were on my lap and we were playing age in his military service. as serving on the Veterans’ Affairs little games that I play with my grand- Senator THURMOND was first elected Committee for over 30 years. As a children. to the Senate 48 years ago. It was then, former teacher, I commend his work If I live to be 1,000, I say to the Senator, I in 1954, that the people of South Caro- with the youth of South Carolina when will never forget those two little girls, who lina elected Senator THURMOND by a he was an educator. As a Senator, I ad- had a right to live and love and be loved, but write-in vote, the only time in history mire his forthrightness and dedication who will never have that right because of that this has ever happened. to his principles. As an American, he this criminal, brutal, premeditated, cow- However, Senator THURMOND had makes me proud. ardly act by the Soviet Union. made his mark well before he was Senator THURMOND, thank you for I will forever remember the giggles and the elected to the Senate. He showed his your many years of devotion to this laughter-they hugged my neck and they kissed me on the cheek. Finally, their plane dedication to South Carolina by serv- country and the ideals that make it was called, and my last sight of them as they ing as city and county attorney, State strong. scampered out the door was their waving senator, circuit judge, and Governor. Mr. GRAMM. Mr. President, when I ‘‘bye-bye’’ to this fellow and blowing kisses As a former teacher, coach, and first came to the Senate, like many to me. school board chairman, I believe there members, I took my two sons onto the I tell you that you could have heard is no more noble public service than floor of the Senate before the session a pin drop in this body when he deliv- teaching. Between heroic military started and found my desk. I asked ered that message. It was a tough mes- service and a half century of political them if they wanted to sit in my chair. sage. But he was right on target. Those service, STROM THURMOND managed to One son chose Barry Goldwater’s seat children had a right to live, a right to set aside time to teach future genera- to sit in, and the other son chose be loved, and it was finished—snuffed tions. STROM THURMOND’s seat. Looking back, out in that premeditated act by the So- He was a teacher in South Carolina. that is easy for me to understand. viet Union by the shooting down of Ko- He was also an athletic coach. He later There are so many things you could rean Airlines flight 007. went on to serve as the Superintendent say about STROM, but there is one of Education for Edgefield County, SC. thing I can say about STROM THURMOND Senator HELMS is certainly known As a U.S. Senator, STROM THURMOND for calling a spade a spade. But that that I am certain of and that is, some- has accomplished numerous achieve- day I thought he was right on target in day I will proudly tell my grand- ments. As you all may know, in 1996 children that I served in the U.S. Sen- calling the atrocity what it was—a Senator THURMOND became the oldest ate with STROM THURMOND. Like those cold-blooded murder. I will never for- serving Senator in history. A few happy band of brothers who fought get the comments the Senator made at months later, he became the longest with King Harry on St. Crispin’s Day, I that time, and they will live with me serving Senator in United States his- will tell my grandchildren how I fought always. tory. with a great man, a great leader, to ac- I admire Senator HELMS, what he In 1998 Senator THURMOND cast his complish great deeds. stands for, and the contribution he has 15,000th vote on the Senate floor. While He has had a profound and lasting made to this body. these milestones are significant, it is impact on our country. But there is f what he did with this time that makes something more remarkable. He is TRIBUTES TO STROM THURMOND these records important. eternally young. Not just in being a Senator THURMOND well remembers 100-year-old Senator, but young in the Mr. SMITH of New Hampshire. Mr. the great baseball Hall of Famer Lou ability to adopt new ideas, to change as President, I rise to congratulate Sen- Gehrig. They used to call him the Iron circumstances change, and in the proc- ator STROM THURMOND on his remark- Horse. He never missed a game. He al- ess to grow, even during the longest able tenure as a U.S. Senator. ways gave 100 percent. He was the es- tenure in the Senate in history. I love As a history teacher, I taught my sence of sportsmanship. STROM THURMOND. I admire him, and students about Senator THURMOND. As STROM THURMOND is the Iron Horse of for my whole life, I will be proud that a Congressman, I always admired Sen- the Senate. He is the essence of states- I was able to call him colleague and ator THURMOND’s leadership, and his man, of public servant. He has given friend. willingness to speak out for his beliefs. 100 percent for his entire career, and f As a Senator, it has been an honor to those of us who are privileged to know serve with Senator THURMOND. him draw energy and inspiration from CONFERENCE ON ENERGY He is a true patriot, a true civil serv- his example. Mr. MURKOWSKI. Mr. President, I ant. He has served his country in I will always remember any time I wish to share with my colleagues an countless ways, and in every case, he came in early in the morning to open update on the conference on energy. has pursued this service with vigor. the Senate. It was always Senator As we all know, our President has He showed his dedication to the THURMOND presiding. As President pro- asked for an energy bill. The bill was United States by serving in the army tempore, he did not have to do that. He reported out of the House and the Sen- during World War II. Senator THUR- could appoint someone else to do it. ate, H.R. 4. We have been in conference MOND originally signed up for an ad- But, that’s just how STROM THURMOND for several days, off and on. Today we ministrative position, but he eventu- is. It is part of his character. took up one of the more controversial ally went to both the European and Pa- Of course, I have always admired his provisions; that is, the disposition of cific theaters. dedication to his conservative values. ANWR.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.018 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9809 The House, in its offer to the Senate, mass destruction, whether it be bio- an ad blaming the Democrats for not proposed adding 10.2 million acres of logical, chemical, or developing a nu- having terrorism insurance is des- wildernesses as an addition to the Na- clear capability. He develops a delivery picable. They should be ashamed of tion’s wilderness proposal. That would system and aims it at our ally, Israel. themselves. They know it is a lie, a constitute about 72 million acres of So unless we lessen our dependence falsehood, a travesty. President Bush wilderness in my State of Alaska. on imported oil by developing more oil gave this speech, and he is quoted here Without going into a lot of detail, I here at home, why, clearly, we are in Pennsylvania with a bunch of labor think we have to ask ourselves, indeed, going to continue to have to depend on people, saying: if the Democratic leadership really foreign sources, such as Saddam Hus- We need an insurance bill to cover poten- wants an energy bill. From the begin- sein in Iraq. tial terrorist acts, so that hard hats in ning of this process, the committee of For those who wonder about the mer- America can get back to work. And I want a jurisdiction, the Energy and Natural its of opening this area, I remind my bill on my desk that says we care more Resources Committee, was not allowed colleagues that in 1995 the Senate about working people and less about trial to develop a bill out of the committee passed an authorization to open lawyers. but, rather, it was developed out of the ANWR. It was in the omnibus bill. That is wrong. If the Federal Elec- leader’s office. President Clinton vetoed it. Had that tion Commission did what they should Since that time, we have seen an ef- been done, we would have that oil on do, they should charge this as a con- fort to try to develop compromises, but line now, and we certainly would have tribution in kind for the Bush reelec- clearly the presence of the majority an idea of the magnitude of the fields tion campaign. Blaming the trial bar is leader has not been very evident. So I that exist in that area. something that goes back to biblical think we have to ask ourselves, on the The last point I want to make is its times, Shakespearean times. When issues in contention—whether it be cli- contribution to jobs and the economy. things don’t go right, blame the law- mate, whether it be ethanol, whether it It is estimated there would be some yers. be electricity, whether it be the tax as- 750,000 new jobs associated with open- The chronology of delay over this im- pects, or the renewable portfolio stand- ing this area, including development of portant legislation is well documented. ards—all of it suggests that a com- 19 new U.S. flag-built tankers that That is why I am so terribly dis- promise is, indeed, possible in the sense would be built in U.S. yards. appointed. The people who make up of discussing what is certainly one of So I urge my colleagues to come to- this Business Roundtable are from ho- the lightning rod issues, and that is the gether and recognize, in the spirit of tels, some of whom are in Nevada, and opening of ANWR. compromise, we should resolve the all over this country. They know this With the offer by the House to create issues remaining in the energy bill. We is a lie. I cannot say it any other way. an additional 10.2 million acres, as a should report out the bill containing It is a lie. It is false advertising. proposal to the Senate, it causes us ANWR, which will reduce our depend- I know the chronology. I was here concern relative to a provision when ence on imported oil, and move on with trying to move this legislation for- the State of Alaska accepted state- what is good for America, and that is ward. We asked, on many occasions, hood. In the terms of statehood, there to lessen our dependence on foreign oil, unanimous consent to go to the legisla- was a provision that there would be a follow the recommendations of the tion. Finally, after months—not days ‘‘no more’’ clause; that means no more President, and pass an energy bill. or weeks but months—we got to go to land designated without the concur- Mr. President, I suggest the absence the bill. Then the delay was in full rence of Alaskans. Nevertheless, this of a quorum. view to everyone. After weeks, we offer has been made. The PRESIDING OFFICER. The forced legislation out here. We, the I hope the issue of the disposition of clerk will call the roll. Democrats, tried to get it on the floor. the energy bill does not become a polit- The assistant legislative clerk pro- We finally got it on the floor. This was ical issue. We are nearing, of course, ceeded to call the roll. bipartisan. Some Republicans, after it the elections. I recognize the tempta- Mr. REID. Mr. President, I ask unan- got to the floor, helped us. But they tion to suggest that the environmental imous consent that the order for the held it up; we did not hold it up. After groups, which are opposed to ANWR, quorum call be rescinded. it passed, with lots of procedural are a force to be reckoned with in the The PRESIDING OFFICER. Without delays and efforts to slow it down, we coming election or the criticism of the objection, it is so ordered. thought, oh, boy, it is over with. Ev- Republicans, that they might be too f erybody wants it going to conference. close to the energy industry. I hope But, oh, no. It took months to get a TERRORISM INSURANCE these arguments are not used as ex- conference. They would not agree to cuses for not getting a bill. Mr. REID. Mr. President, every the appointment of conferees. You Our President has asked for our bill. morning I get up and I read the local know, there were a few problems. Sen- Our constituents have asked that we paper, the Washington Post. There is ator DASCHLE said we will have three pass an energy bill. We have an obliga- always breaking news in the news- Democrats and two Republicans. After tion to do what is right for America, paper, of course. I try to go to the all, we are in the majority. No, they and that is to come to grips with the sports page first because there is al- don’t want that. We are in charge of reality that we are, at this time, clear- ways some good news there, at least. I the Senate. That is a prerogative we ly in a conflict, the nature of which we was terribly disappointed today in have. After months, Senator DASCHLE can only hope will not result in out- looking at the front section of the said, OK, I will make it 4 to 3. They right war with Iraq. Washington Post. There is an ad here. still did not agree to it. We gave them But the irony of that can best be as- If this ad were a product and not an what they wanted and they still didn’t sociated with a quick overview of what issue, there would certainly be some agree because it was all a big stall. we have been doing since 1992. We have type of legal action for false adver- Now, finally, they agreed to a con- been enforcing a no-fly zone over Iraq. tising. ference, but nothing happened in con- In enforcing that no-fly zone, we have I just am so disappointed in the Busi- ference. Months have gone by. I hear taken out targets in Iraq. We have en- ness Roundtable and American Insur- on the floor: Please do something. I dangered our young men and women in ance Association. I am not dis- have a staff person assigned—not full- uniform who have been enforcing the appointed in the Chamber of Commerce time but he spends a great deal of time no-fly zone. because they have never done anything on this legislation. Senator DASCHLE We have, in turn, imported anywhere my entire political career to make me has someone who spends the same from 600,000 to 900,000 barrels of oil a feel good in the first place, so this just amount of time on this piece of legisla- day from Iraq. It is almost as if we adds to what they normally do. But I tion. take his oil, put it in our airplanes, and personally have worked on terrorism Meetings have been held. The person go bomb him and enforce the no-fly insurance for a year now. To have Senator DASCHLE has working is an zone. And he takes the money we pay them, the Business Roundtable and the outstanding lawyer. He was in the for the oil and develops weapons of American Insurance Association, run counsel’s office in the White House. He

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.062 S02PT1 S9810 CONGRESSIONAL RECORD — SENATE October 2, 2002 was the one who did all the judges for islation, but I have been on the ground, geons. When we were sworn in, I had a us. He is someone who knows what is so to speak. I have watched this; I have small reception down there. I invited going on. been right here; I have been making Members of the Senate to come, not We have made presentation after the unanimous consent requests. Over thinking that anybody would actually presentation to no avail. Senator DODD the month, I bet I have offered 25 unan- show up. There were far more note- has spent weeks of his time on this imous consent requests right from worthy people being sworn in that day, issue. This is not a tort reform issue. It here. There were objections to appoint- some to begin subsequent terms, others is an issue to allow insurance compa- ment of conferees and getting the bill newly elected. nies to sell terrorism insurance to to the floor. But to have this: I remember standing there with my allow construction projects to go for- We agree, Mr. President, there’s too much mother and father, and one of the very ward in Las Vegas and other places in at stake. . . . first people to come through that door the country. Congress, why the delay? was STROM THURMOND, walking arm in The insurance companies, as they are The time is now. Pass Terrorism Insurance arm with John Stennis of Mississippi. I good at doing, have jacked up the Legislation. remember STROM welcoming me to the prices so it is hard to get insurance. Six months ago, the President in 30 Senate and telling my mother and fa- This legislation is an effort to allow seconds could have had the legislation ther I seemed like a nice young man, them to receive some help if, in fact, on his desk, but this has been a big and that I might actually have a career there is an act of terrorism. stall to make the trial lawyers look ahead of me. My office spoke with people when like the enemy of the American people, I note that has been the routine of they complained about this: We had and that simply is wrong. STROM THURMOND, to welcome new tremendous pressure from the White f Senators from either party. He has done it with hundreds of Senators. This House to sign on to this advertisement. EXTENSION OF MORNING one remembers it well. What is this all about, pressure to sign BUSINESS on to something that is false, mis- We often worked in the field of anti- leading, untrue? Mr. REID. Mr. President, I ask unan- trust laws. We worked together on the When President George Bush was imous consent that morning business National Cooperative Production campaigning, he said he was going to be extended until 4 o’clock today, with amendments of 1993, the very first change the tone in Washington. I have Senators allowed to speak therein, for high-technology bill signed by Presi- been in Washington a long time now. I a period not to exceed 10 minutes each. dent Clinton, and to improve the pro- have never seen the tone this way. Dur- The PRESIDING OFFICER. Without tections against anticompetitive con- ing the Reagan years, there were some objection, it is so ordered. duct in the Digital Performance Right disagreements, but what a fine person Mr. REID. Mr. President, I suggest in Sound Recordings Act. to get along with. He and his people the absence of a quorum. Senator THURMOND has been a legis- were easy to get along with. Here we The PRESIDING OFFICER. The lator. I must admit, when Senator cannot get along—it is very tough. The clerk will call the roll. THURMOND and I have worked together, atmosphere is extremely difficult. The senior assistant bill clerk pro- it has raised some eyebrows, and when Change the tone? He has changed the ceeded to call the roll. we have introduced legislation to- tone, there is no question about that, Mr. LEAHY. Mr. President, I ask gether, some have remarked that ei- but it is for the worse. I guess he just unanimous consent that the order for ther it is brilliant legislation or one of did not complete his sentence in all the the quorum call be rescinded. us has not gotten around to reading it. debates and other statements he made. The PRESIDING OFFICER. Without But there are so many issues that we This is a very venomous environment. objection, it is so ordered. did join together. Of course, there have Legislation is the art of compromise. Mr. LEAHY. Mr. President, I ask been occasions when he and I have sat I personally do not think this legisla- that I might proceed for no more than on opposite sides of an issue, but even tion dealing with terrorism insurance 5 minutes as though in morning busi- though there were issues about which should have anything to do with tort ness. we felt deeply, Senator THURMOND al- reform, but they have forced the issue. The PRESIDING OFFICER. We are in ways conducted himself with the ut- The compromise has some tort reform morning business. most integrity. He has always told the in it. Legislation is a compromise. The Mr. LEAHY. I thank the distin- Senate how he felt. He has done so with White House has been unwilling to guished Presiding Officer. the people of South Carolina first and compromise, unwilling to meet. They f foremost in his mind. I recall him inviting me down to talk are now putting pressure on lobbyists TRIBUTE TO SENATOR STROM to the STROM THURMOND Institute at to fund full-page ads, pro-Bush ads in THURMOND the Post and more pressure on congres- Clemson. He wanted to put on a debate sional Republicans to do anything they Mr. LEAHY. Mr. President, I pay on economic matters. He had an impar- can to stop this legislation. tribute to a colleague of ours whose ca- tial moderator from the Heritage I know, I have had friends on the reer of public service may never be Foundation. When I walked in, I saw other side tell me they do not want matched again in the history of our half the Republican party of South this legislation; they do not think it is country. My friend STROM THURMOND Carolina and the Heritage Foundation. necessary. But why not do it like sits on the other side of the aisle of the I knew I was to be the sacrificial lamb, adults? Stand up and say this is bad Senate Chamber, but I consider him a and I was loving every minute of it. legislation, not have this charade. friend with whom I have worked close- When they stated how much time If anyone is truly interested in the ly, and I will miss him. would be allotted, he stated he should real White House strategy, read the I remember when I was first sworn have twice as much time as I because I story in the New York Times today into the Senate in January of 1975. Be- spoke twice as fast as he did. about this legislation: cause of a tied vote in the State of New We had a very good meeting. I am Hampshire that election year, it was a Mr. Bush’s push for the measure reflects a sure I did not change his mind, or most no-lose political strategy. If Congress matter that did not get resolved until of the minds of the audience, on a cou- reaches an agreement on the measure, he can we actually went back and did the elec- ple of issues. We walked out of there rightly claim credit for it. If it fails, he can tion over in the middle of the year. I arm in arm, laughing, having a good blame Congressional Democrats, and in par- was the most junior Member of a 99– time. I remember a couple of days later ticular the Senate majority leader, Tom Member Senate. We did not have the STROM coming on the floor and slap- Daschle, for the failure. Hart Building at the time. We had the ping me on the back and saying, I want That is what it is all about. I believe Russell Building and the Dirksen to thank the king of Vermont, as he people of the State of Nevada deserve Building, and a couple of us very junior said, for going down with him. more; the people of this country de- Members were in basement offices. One of the strangest meetings during serve more. I have no problem when Senator Garn of Utah, Senator Laxalt that time was when we were in the there are honest disagreements on leg- of Nevada, and I were down in the dun- Senate dining room and I introduced

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.071 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9811 him to Jerry Garcia of the Grateful even a vote allowed, and we had to file the authorization of Boys and Girls Dead. It was a meeting of cultures, cloture. Clubs to hazardous duty pay for Fed- very different cultures. This legislation deals with combating eral law enforcement officers. I share with Senator THURMOND the terrorism. It is entitled: 21st Century This is sort of like voting to ac- distinction of being from a State that Department of Justice Appropriations knowledge the sun rises in the east. I has provided the Senate Judiciary Authorization Act. The title says it all. don’t know what the controversy is. Committee with three chairmen over It is true, is it not, this deals with for- Mr. REID. The reason it is being held the history of the committee. South tifying the national border security by up is the same reason our 13 appropria- Carolina and the State of Vermont authorizing more than $4 billion? tions bills are being held up, the same have each had three different people Mr. LEAHY. I say to my friend, the reason the election reform, conference who have shared the Senate Judiciary deputy majority leader, it does. reports, bankruptcy, terrorism, Pa- Committee. With that in mind, I have We realize, as the Senator from Ne- tients’ Bill of Rights, generic drugs, all always asked what I call the STROM vada has pointed out, we have problems these most important pieces of legisla- THURMOND question at judicial hear- with our borders. We have to enhance tion are held up. It appears clearly ings. He has always reminded nominees our ability to monitor the borders and they want to be able to say the Senate, that the people and lawyers who appear still keep the open borders of this controlled by the Democrats, has been before them, whatever their position in country. But it will be expensive. We unable to accomplish anything. How- the case, whether rich or poor, white or put this in. ever, we cannot accomplish anything black, man or woman, whatever their Incidentally, we put this in with the unless we get help from the 49 on the religious or political affiliation, de- strong support of the administration. other side. They are trying to show serve respect and fairness. He has re- Mr. REID. Is it true, I ask my friend, their strength in not allowing us to do minded everyone of that. we have funding for Centers for Domes- anything. I will miss my friend STROM. He has tic Preparedness throughout the coun- Mr. LEAHY. The Senator is right. been named President pro tempore try? Is it true we have legislation to Unfortunately, in holding this up, they emeritus for a very good reason. improve implementation of a treaty are taking from the President of the I have learned much from the senior banning terrorist financing? Does it United States tools needed to fight Senator from South Carolina. Let me deal with FBI, allow FBI agents who international terrorism. They are turn- share one additional aspect of Senator are in duty stations that are perilous ing their back on the law enforcement THURMOND’s legacy to the Senate as he to receive extra money? We have heard people of this country. completes this term and retires from reports a better job needs to be done We have an authorization for a char- office. In addition to all his longevity with the communications, and it cov- ter change for the Veterans of Foreign records and legislative achievements ers that. It covers penalties for the Wars, something they have all sup- and buildings named for him, there is criminals who use body armor. ported, we have all supported, Demo- something else about him I will always I could go on literally for 15 minutes crats are all for. Republicans are hold- remember. talking about what is in this con- ing that up. There was a charter When we hold hearings for Federal ference report. There are other Sen- change in here for the American Le- judges—and we have held a number ators who wish to speak. Can the Sen- gion. All 51 on this side of the aisle this year—I am always careful to carry ator give me any reason why this most have supported it. It is being held up on a tradition that Senator THURMOND important piece of legislation for the on the Republican side. AMVETS, a started. Senator THURMOND always re- people of Nevada, Vermont, and the charter change for American Veterans. minded nominees for high office that it rest of the country is not passing? That is being held up by the other side. is essential to treat others with cour- Mr. LEAHY. I know one reason. It We support it. tesy and respect. He always reminded passed the other body 400 to 4. It came This may be the kind of political pos- nominees that the people and lawyers over here. I was asked if we had any ob- turing people think they have to have who appeared before them, whatever jection to moving it quickly. I said, ab- in an election year. I think it is a cry- their position in the case, whether rich solutely not. We checked every single ing shame. or poor, white or black, man or woman, member on the Democratic side of the I yield the floor. whatever their religious or political af- aisle, and they said they would vote for The PRESIDING OFFICER (Mr. filiation, they are each and every one it, every man and woman. But we had REED). The Senator from Illinois. deserving of respect and fairness. a hold put on it from the Republican Mr. DURBIN. Mr. President, before I Senator THURMOND was right to re- side of the aisle. They have held it up. make a few comments about the state mind judges—and even Senators—of They have delayed it. I cannot under- of the economy, let me talk about the that simple rule. It is another con- stand why. state of business in the Senate. I con- tribution he has made to all of us that Money laundering by terrorists is cur completely with the Senator from will continue to serve us well. As I said covered. President Bush, shortly after Vermont, chairman of the Senate Judi- earlier, I will miss STROM THURMOND. the attack of September 11 last year, ciary Committee, on which I am proud He has been named President-Pro-Tem- took extraordinary steps to try to to serve. I cannot imagine what is pore Emeritus for good reason. choke off some of the sources of financ- holding up this legislation. This legis- f ing of these terrorist groups. I ap- lation is designed to restore law and plauded the President for doing that. I order in this country. It is designed to 21st CENTURY DEPARTMENT OF thought it was the right thing. fight terrorism. There are elements JUSTICE APPROPRIATIONS AU- However, there are some major areas that are absolutely common sense. THORIZATION ACT we could not pursue without further It is the first time, I believe, in over Mr. REID. Mr. President, before the legislation, which the administration 20 years we are reauthorizing the De- Senator from Vermont leaves the floor, strongly supports, and which Repub- partment of Justice. We are estab- on a totally different matter, I direct licans and Democrats strongly support. lishing the Violence Against Women some questions to the Senator. That is part of this bill. I would like Act, to protect areas of domestic It is 2 p.m.. Twenty-four hours ago to turn the spigot off for terrorists’ abuse. We are talking about drug abuse we were fortunate to get this con- money. That is in this bill. education, prevention, and treatment. ference report on H.R. 2215. I assumed The President of the United States We have a provision in here to provide this matter would be out of here in a would sign this bill immediately once resources to the Boys and Girls Clubs matter of 4 or 5 minutes. I thought it got onto his desk. Why the Repub- of America, which in the city of Chi- maybe Senator LEAHY and Senator licans are holding it up, frankly, I cago and across my State of Illinois are HATCH would talk about what a great don’t know. I know they are holding it so successful in reaching out to young piece of work was done in conference. up, but I don’t know why, especially people. It is 24 hours later and this legislation when the President of the United Time and time again, this bill ad- has gone nowhere. In fact, the majority States would sign this. There is much dresses things the Department of Jus- last night learned there would not be antiterrorism in here, everything from tice needs. It is quite a commentary on

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.072 S02PT1 S9812 CONGRESSIONAL RECORD — SENATE October 2, 2002 the Senate that the Republican minor- above 400,000, and the U.S. manufac- has been disastrous. We have lost jobs ity has held this bill up. They will not turing jobs shrank in September for across America and people know this. let us bring it to a vote. They won’t let the first time since January. They understand the uncertainty they us bring it to the floor. I think it is un- My colleague on the Republican side face. fortunate. I think we should have a says I just don’t get it; things are real- Take a look as well at the average vote on it, and I think if we do it will ly getting better out there. I don’t rate of change in the real gross domes- pass overwhelmingly and the President think they are. I think, frankly, we are tic product. This is the sum total of will gladly sign it. But we are caught not yet into recovery. When I talk to the value of goods and services pro- up in a last-minute hurry to try to fin- people who are leaders in business and duced in America. We went back to ish the session, and unfortunately keep an eye on the economy, they President Eisenhower. Every year you some of the most commonsense prior- don’t think we are either. They look at see a pretty substantial growth but ities are victims of some political numbers and the numbers are pretty one—look at this. Under President agenda. I hope this does not hold up compelling. George W. Bush we have the lowest this bill any longer. Take a look at this economic report. economic growth in 50 years in Amer- f This is the average annual percentage ica. The President has said, ‘‘I’m opti- change in the Standard & Poor’s 500. mistic about the economy.’’ But look STATE OF THE ECONOMY We went all the way back to the Har- at the economy. It is weak. It is an Mr. DURBIN. Mr. President, I rise at ding administration—Warren G. Har- economy that has taken its toll on this moment to speak to the state of ding, the former President—to see workers and families and businesses the economy and to call to the atten- what had happened in the stock mar- and on the savings of retirees. tion of the Senate what has transpired ket. Here is what we learned. Take a look at these jobs we have in America in the 2 weeks since the There has only been one other time lost. More than 2 million jobs have majority leader, Senator DASCHLE, in history when we have seen such a been lost under the Bush administra- brought to the attention of this coun- dramatic, precipitous decline in the tion. We have had 111.7 million private try how sadly our economy is per- value of the stock market. Sadly, that sector jobs when the President took of- forming. was during the Great Depression under fice. Today we are down to 109.6 mil- Earlier I came to the floor and one of Herbert Hoover when the stock market lion. In the words of Secretary of the my Republican colleagues came to the declined some 30 percent. We are talk- Treasury Paul O’Neill, ‘‘The latest in- floor and greeted me and said: DURBIN, ing about the S&P 500 declining 30 per- dicators look good.’’ I don’t see it. It you have it all wrong. The economy is cent in value. Under President Bush’s doesn’t look good for 2 million people better. Can’t you feel it? The economy current administration that same per- who have lost their jobs since this is much better. I have the facts to centage has gone down 21 percent. I President took office. prove it. don’t have to tell that to anybody lis- Now take a look at what has hap- I am anxious to see his presentation, tening to this speech because more pened when it comes to Government and I am anxious to see how many peo- than half of Americans own some spending. The debt held by the public— ple across America would agree with stocks, whether it is their personal I am almost afraid to bring up the him because let me tell you what has savings or college savings accounts for issue of national debt and deficit with happened in news reports in the last 2 their kids or grandkids or their pension Senator HOLLINGS on the floor. This is weeks. These are news reports. plans. They know what has happened his passion. But he knows as well as I First, our stock market has had its here. The nest egg you put aside and do, the debt held by the public in 2008 worst quarter since 1987—15 years. It is counted on for the future has been di- had been projected, when the President the worst month of September in the minishing over the last year and a half. took office, at $36 billion. That projec- stock market since 1937, 65 years ago. The economy is not strong. Yet you tion has gone from $36 billion to now It has also been reported that the num- wouldn’t believe it when you listen to $3.8 trillion. We are swimming in this ber of Americans without health insur- the comments that are made. red ink under this administration. It ance increased by 1.4 million last year, Here is a comment from the Presi- wasn’t the case when he came to office. to 41.2 million. dent, September 5, just a few weeks This has all transpired under this The trend line, which had been mov- ago. President and his watch. What does it ing in the opposite direction with more I’m optimistic about our economy. I’m op- mean in terms of our Federal interest people having health insurance, is mov- timistic about job growth. costs? Look at this. When the Presi- ing in the wrong direction now—fewer That is the President. Vice President dent came to office, they estimated the and fewer Americans with the protec- total Federal net interest spending for CHENEY, on August 7: tion of health insurance. May I add for 10 years would be $620 billion. That is a moment, have you asked anybody . . . there is no doubt of our nation’s (eco- nomic) strength. when President Bush took office. about the cost of health insurance late- Today the estimate is up to $1.9 tril- ly? Small businesses, large businesses, Paul O’Neill, Secretary of the Treas- lion—interest paid on national debt labor unions, workers alike, the cost of ury, September 25, just a few days ago: created by deficits with which we are health insurance is breaking the bank The latest indicators look good. presently living. at businesses across America. It is That is our Secretary of the Treas- We left an administration that was in breaking the bank when it comes to ury. What is he reading? Who is he lis- surplus. We left an administration that labor unions that try to take care of tening to? This is a man who is sup- was paying down the national debt. We their retirees. It is something that has posed to be charting the course of eco- are now in an administration adding to not been addressed by this Congress or nomic policy in our country and he the national debt, creating deficits, this President. thinks things are looking good, a causing problems across our economy. The poverty rate rose last year for chicken in every pot. I don’t think so. The reason? You can look at the re- the first time in 10 years, from 11.3 per- Take a look at the economic record cession which continues. You can cer- cent to 11.7 percent. The prosperity of of this administration. We went back tainly look to the war on terrorism, the previous administration has finally to President Eisenhower to take a look which has cost us dearly. None of us run out. More and more people are fall- at the annual growth rate of private will shortchange the men and women ing into poverty. sector jobs. Incidentally, the President who are fighting for our Nation, and Real median household income fell said he is optimistic about job growth. that is going to cause some spending last year by $934. The spending power Look at job growth under this adminis- which will come out of the Social Secu- of American families in real terms tration. Every single President has had rity trust fund. But there is a third ele- dropped by over $900. That is the first positive job growth in the private sec- ment. The third element was President drop in 9 years. tor except one, President George W. Bush’s tax policy. He came forward and Housing starts fell 2.2 percent in Au- Bush. He is optimistic. Well, he may be said to America: With this fantastic gust. Unemployment insurance claims optimistic about the future, but a real- surplus that I can see for 10 straight remain high, the 4-week average stays istic view of his administration is it years, it is time to give the money

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.075 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9813 back to the American people. So the about the value of the stock market. It they talk about a variety of other average family got the $300 check or is the value of savings, the value of issues. They sit down and try to figure the $600 check and said: That is fine. I pension plans, and the value of college out how to grapple with these issues. I will find something to do with that. savings accounts. Those are the things think this is the agenda which the But the net result of all of it is we that have taken a beating. American people want this Congress to are in a situation now where we are I think the point is clear. This ad- work on. Sadly, because of lack of lead- dealing with debt and deficit which we ministration wants to talk about every ership downtown, and because of lack did not anticipate. The guesses and issue they can think of except eco- of leadership here on the Hill, we have forecasts and speculation of President nomic security, except the state of the done precious little to address the real Bush’s best advisers were just plain economy, and except the fact that av- issues facing American families. wrong. The surplus that was projected erage families, average businesses, and I yield the floor. for 10 years has disappeared. It is to- average individuals in this country are The PRESIDING OFFICER. The Sen- tally gone. We were not prudent. We struggling with an economy that is flat ator from Nevada. were not cautious. We were not careful. on its back. f The best the President had to offer We put in tax cuts that will be in place ORDER OF BUSINESS for 10 years and we cannot pay for was a meeting in August down in Texas them and we are going in debt. No, let where he called some close friends and Mr. REID. Mr. President, we have a me take it back. We are taking money corporate leaders and asked, What do couple of Senators who wish to speak. out of the Social Security trust fund to you think? A lot of them said, Stay the Senator HARKIN has been on the floor. pay for it. course; couldn’t be doing better. I do not know if there is anyone on the The PRESIDING OFFICER. The Sen- We can do a lot better. We can do minority side who wishes to speak. I ator has used 10 minutes. better with leadership—not just from would like to get a routine set up here. Mr. DURBIN. I ask unanimous con- the White House, but from Congress. Does the Senator from Missouri wish sent for 5 additional minutes. Sadly, this Congress will not produce to speak today? The PRESIDING OFFICER. Without legislation that will address these Mr. BOND. Mr. President, to respond objection, it is so ordered. problems. What could we do? We be- to my colleague from Nevada, I was Mr. DURBIN. The point we are mak- lieve on this side the first thing we preparing to speak. The Senator from ing is that we are dealing with a tax ought to do is extend unemployment New Mexico wants to bring up the cut that frankly has brought us back insurance benefits to the people across health insurance bill. I just walked in down into a deficit situation and in- America who are about to run out of to debate another matter. creased our national debt and increased unemployment insurance. We should Mr. REID. We will wait until the the interest on which future genera- extend the benefits for another 13 to 26 Senator from New Mexico shows up and tions will pay. That tax cut, when you weeks. We did that five times under try to work something out. Is that OK? look at benefits of it—take a look. If President Bush’s father, the last time Mr. BOND. That works for me. you happen to be down making $9,300 a we had a recession. This President has Mr. REID. Mr. President, I ask unan- year, the President’s tax cut is worth refused to do it one time. That is not imous consent that the Senator from $66. fair to these people or their families. Iowa be recognized. I don’t know if Average annual tax cut by income Second, we believe we need pension Senator KENNEDY is still here. He had range: If you are making $20,000 a year, protection for families across America been waiting. I ask unanimous consent it is worth $375. If you are up to $39,000 who are vulnerable; for people who are that Senator HARKIN, Senator HOL- 62 years old and wanting to take their a year, it is $600. If you are making LINGS, and Senator KENNEDY be recog- retirement, and watched their pension $56,000 a year, it is $1,000. If you are nized in that order. Following that, we disappear before their eyes, and no making $97,000 a year, it is about $2,200. would be happy to work out whatever health care. We need protection for If you are making $220,000, it is worth we can with the Senator from Missouri. those employees who are in that cir- $3,000 to you. But hold on tight. If you We had a number of speakers here cumstance. today, most of whom have been for the are in the top 1 percent of wage earners What about the millions of Ameri- in America making an average of $1.1 Republicans. cans on minimum wage? It has been 5 The PRESIDING OFFICER. Is there million a year, the President’s tax cut years since we raised the minimum objection? is worth $53,000. It is small change wage. It is stuck at $5.15 an hour. That Mr. REID. I was so promptly re- down here for most working families. is not going to make America stronger. minded that I forgot Senator BYRD. But it is $53,000 for people who are al- Let me also tell you when it comes to Senator BYRD would be happy to go fol- ready making $1 million a year. the cost of health, we should under- lowing Senator KENNEDY. You say, of course; they pay all the stand it is absolutely essential that we The PRESIDING OFFICER. Is there taxes; they should get the tax break. accept this as a highest priority. We objection? That isn’t how it works. Under the heard this morning from a major union Mr. BOND. I didn’t hear the request. President’s plan, it doesn’t directly working with a major company. The Mr. REID. We have in order Senators track the taxes we are paying. So the people who ran the company came be- HARKIN, HOLLINGS, KENNEDY, and BYRD. people who are getting the biggest tax fore them and said, Listen, we don’t As I indicated to the Senator from Mis- cut are not proportionately paying the know what we are going to do next souri, following one of those state- most in terms of taxes to the Federal year. We have a $1 billion health insur- ments from the Democrats, if Senator Government. ance bill. We don’t know how we are DOMENICI shows up, and you and he The Bush economic record and what going to do it. went into a colloquy, we would be it means to you is, in effect, a 10-year I have heard the same thing from happy to stick you in there. surplus has disappeared from $5.6 tril- labor unions and small businesses. This Mr. BOND. Mr. President, reserving lion, which was projected by the Presi- government ignores it. the right to object, might I ask if Mem- dent just last year. Now we are down We talk about tax cuts for the bers on my side come, we could inter- into a deficit situation over the same wealthiest instead of tax credits for sperse them in the makeup? 10-year period of time. businesses that offer health insurance. Mr. REID. That is why I said if Sen- I mentioned earlier the impact of the We talk about tax cuts for the wealthi- ator DOMENICI, for example, shows up, stock market. Everybody, I think, est instead of helping average families we will be happy to have a Republican knows this. You see what is happening struggling to pay to get their kids in between the Democrats I announced. to our stock market. The value of all through college. Why in the world The PRESIDING OFFICER. Is there the stocks in the stock market when don’t we make the cost of college tax- objection? the President took office was $16.4 tril- deductible for working families before Mr. BOND. Mr. President, the unani- lion. The value today is $11.9 trillion, we award these great tax breaks for mous consent request, as modified, is and going down. We have lost $4.5 tril- families making over $1 million a year? objected to. lion in value—about 25 percent of the This is the agenda Americans face The PRESIDING OFFICER. Without value of the stock market. Forget every day. After they turn off the news, objection, it is so ordered.

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.078 S02PT1 S9814 CONGRESSIONAL RECORD — SENATE October 2, 2002 The Senator from Iowa is recognized. public schools. We said the status quo Yet today the minority leader says no f was not good enough; we had to do bet- to helping these middle-class kids get a ter. Now, by not acting on this bill, we college education. DEPARTMENTS OF LABOR, have passed mandates on our public The world has changed a lot from a HEALTH AND HUMAN SERVICES, schools, mandates about leaving no year ago. There is no denying that. We AND EDUCATION APPROPRIA- child behind, and now we are not com- have different priorities, as well we TIONS ing forward with the funding to help should. But if we cannot ensure that Mr. HARKIN. Mr. President, I ask them. every child in America has the best unanimous consent that the majority Now we are going to do a continuing public education, then what kind of a leader, after consultation with the Re- resolution. That is what they tell me. nation are we fighting for? publican leader, may turn to the con- What does passing a long-term con- President Kennedy once said of edu- sideration of S. 2776, the Labor, Health tinuing resolution mean? I talk about cation: and Human Services, and Education that with my constituents. I talk about Let us think of education as the means of appropriations bill. a CR, a continuing resolution, and developing our greatest abilities, because in Mr. BOND. Mr. President, on behalf their eyes glaze over. What does that each of us there is a private hope and dream of the minority leader, we object. which, fulfilled, can be translated into ben- mean? efit for everyone and greater strength for our The PRESIDING OFFICER. Objec- In real terms, the objection by the tion is heard. nation. minority side today means $3.2 billion It is the private hopes and the private The Senator from Iowa is recognized. less for education overall for this year, dreams of the families of these kids in public Mr. HARKIN. Mr. President, I thank schools—in elementary school and high the leader and the assistant majority the one we are in now, and $1.5 billion less for title I, which is most important school, and now wanting to go to college—it leader, Senator REID, for attempting to for implementing Leave No Child Be- is their private hopes and dreams that are bring forward this Labor, Health and being stunted by the objection by the minor- Human Services, and Education bill. I hind. ity leader today in not going to the edu- Since the objection was made on be- am disappointed some in this body cation funding bill. don’t want us to move forward with half of the minority leader, the Sen- We are here in the Senate. We are not this vital piece of legislation for the ator from Mississippi, I point out that doing a cotton-picking thing. We are American people. in Mississippi that would be $5.3 mil- just sitting around. Why? Because the I invite my colleagues to take a hard lion less this year for title I if we do minority leader will not let us do any- look at the bill. It is a good one. It is not get this bill through. thing. They may think it is good poli- a bipartisan bill. I invite my col- The ink isn’t even dry on the Leave tics. Maybe they can go out there and leagues, especially on the Republican No Child Behind bill and already we are now argue: Well, we can’t get anything side, who objected to bringing this up undercutting the schools. I have talked done in the Senate. We can’t get any- to take a look at the cost of our inac- with a lot of my principals in Iowa and thing done in the Senate. Well, not be- tion and what it will mean for Amer- they are deeply concerned about what cause of what the Democrats are doing. ica’s school children this year. is going to happen when they have to We want to bring up the education As I have said, this is a bipartisan meet their annual yearly progress funding bill. It is the minority leader bill. It passed both the subcommittee standards and yet we have not given who is objecting. The Republican lead- and the full committee unanimously. them the tools by which they can do er is objecting. One reason for that is the good alloca- so. It will be a cruel joke on them to We could bring it up. As I say one tion my subcommittee was provided by have passed Leave No Child Behind and more time, this education funding bill our chairman, Senator BYRD, and the not pass the funding. passed the subcommittee and the full ranking Member, Senator STEVENS. How about special education? A long- committee unanimously—unani- Another reason is the bipartisan part- term continuing resolution, without mously. So for what possible reason nership Senator SPECTER and I have en- this bill, means $1 billion less for the would the minority leader object to joyed for many years. I thank each for Individuals with Disabilities Education bringing up the education funding bill their efforts. Act. Again, since this objection was when we are not doing anything any- Why can’t we move forward now? made on behalf of the Senator from way? It would seem to me we could Nothing is happening here. Look at the Mississippi, I will point out that for bring it up, debate it this afternoon, Senate. Nothing is happening. Nothing Mississippi it means they will get $10.7 and probably get it passed tomorrow, is happening, and we want to bring up million less this year for special edu- since it was supported unanimously on our education bill to fund America’s cation because the minority leader ob- both sides of the aisle. schools, and the Republicans won’t let jected to moving to the education ap- It is time for us to act to get the us. I ask why? Why is there an objec- propriations bill. money out for special education, title tion today to bringing up the funding It is time we pass the money for spe- I, for elementary and secondary edu- bill for education? cial education. Last year Senator cation, help for our middle-class kids I have heard the President pounding HAGEL and I came together on a bipar- going to college. The minority leader on the podium in cities and towns all tisan amendment to do it, but the today has said no. He said that politics across the country saying the U.S. Sen- President and the House punted and comes first. I think our kids should ate needs to act. I agree. It is time to said no. And they are doing it again. come first. act. It is time to live up to the prom- I say to colleagues, ask your prin- Well, they have objected today, Mr. ises the President and this Congress cipals and your school boards about Leader. I will attempt again tomorrow made on education. We are ready to their need for special education fund- to bring up the education funding bill, act. We didn’t object. The Republicans ing and you will find out how much it and every day that we are here, to objected to bringing up our education is needed. Because this objection was bring it up to let the American people bill. made today, $1 billion less will be made know that we, on this side, and I, as Not incidentally, it is time to live up available to our public schools in chairman of the subcommittee that to the promise we made on a bipartisan America. funds education, want to bring it up. basis to double the funding for the Na- For student financial aid—for those We want to get it through. I am just tional Institutes of Health. With this going to college—a long-term CR sorry that the minority leader has ob- bill, we would have completed that 5- means $100 less for the maximum Pell jected. year goal. Now that has been put on grant, and not a single dollar more for The PRESIDING OFFICER. The Sen- the back burner. With this bill, we student loans and other college aid. ator from Missouri. In my own State of Iowa, because of could have completed that 5-year goal. f And that is put on the back burner. It the downturn in the economy, we have is all in jeopardy, as is the promise of seen a 20-percent tuition increase at INACTION ON APPROPRIATIONS the Leave No Child Behind Act. our public universities. These schools BILLS Last year we came together on a bi- are critical to helping middle-class Mr. BOND. Mr. President, on one partisan basis to demand more of our kids climb the ladder of opportunity. point I agree with my colleague from

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.080 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9815 Iowa: This Senate is dysfunctional. We want the same protection for our for- isn’t any question, when he came here have not done our work. It is a new ests. We want to be able to use sound he started cutting taxes. He put in an year. It has already begun. We have not forest management, which means get- economic team headed by Larry passed and sent to the President a sin- ting the dead, diseased logs out of the Lindsey—the only fellow in America gle appropriations bill. forest before a spark from lightning or who thinks the economy is good. But I have to differ very strongly a manmade spark or some kind of ma- Until you get rid of that economic with his accusation, which is totally chine sets them on fire and causes a team and stop this singsong about cut- unfounded, that the objection I raised catastrophic fire that outraces the ting taxes, and instead start paying was for political purposes. The objec- wildlife, that burns old-growth trees, down the debt, the economy is not tion is raised because this body has be- that kills people. Over 20 firefighters going to recover. fore it an appropriations bill. We have are dead in the West from these cata- Let me go right to what the debt is the Interior appropriations bill before strophic fires. It is burning up prop- because today is October 2, two days us, and it has been stalled by my col- erty. since the end of fiscal year 2002. Under leagues on the other side. We need to Do you know what the result is? The law, the Treasurer of the United States vote on that bill. environment suffers tremendously be- is required to publish the public debt One of the reasons we are in this cause wildlife cannot escape from these every day. We ended the fiscal year 2002 problem is because we have not passed fast-moving fires. The forest floor is on September 30, with a deficit of $421 a budget, the first time since 1974 we baked so hard that nothing will grow billion, and a debt of $6.2 trillion, up have not passed a budget. I serve on for decades. What we are saying is, from $5.8 trillion last year. the Budget Committee. I happen to be- sound forestry management demands I have been up here 36 years. This is lieve that the budget that was reported that you clean out the high-fuel areas the biggest deficit we have ever had. out by the majority, on a party-line to prevent catastrophic fires. It makes George the first gave us a $402 billion vote, was and is indefensible. The fact common sense. Except there are spe- deficit. He exceeded the $400 billion that the majority leader has not cial interest groups, specifically the Si- mark. Now George the second, topped brought it up tends to confirm my sus- erra Club and others, that say you can- it with $421 billion. The Senator from picion. not vote for that bill. They have too Oklahoma said that if you cut the But when you do not have a budget, much political clout. taxes, you increase the revenues. you have a great difficulty trying to If we are talking about politics, hold- George the first called that voodoo. pass appropriations bills. We have ing up the appropriations, let’s look at This is voodoo two. passed good bills out of the Appropria- the politics holding up the Interior ap- Here is how we got into this par- tions Committee. And I happen to have propriations bill. That is where the pol- ticular dilemma, because we all are not only a great interest in the Labor, itics are being played. That is why peo- guilty on both sides of the aisle and on Health, and Human Services bill, but in ple throughout the West and anywhere both sides of the Capitol. It was Mark the VA–HUD and independent agencies where there are national forests are in Twain who said that the truth is such bill. We have to get those done. And we danger of catastrophic forest fires, be- a precious thing, it should be used very are going to get those done. It looks as cause the majority refuses to make sparingly. if we are going to have to wait for a their Members vote between cleaning Well, not really kidding about the new Congress to do it. We are going to up the forests, preventing the fires, truth, going to the seriousness of the get those funds out there because they protecting their people, and the Sierra truth, it was never better stated than are vitally needed. And we have, in all Club. They don’t want to make that by my friend James Fallows, in his of these bills, incorporated many im- choice. book ‘‘Breaking the News’’ back in portant projects and programs that That choice is easy. If we can get a 1996, when he related the debate over need to be funded. vote on it, one way or the other, you how you constitute and maintain a But we are stuck. We have been al- may beat us. You may have enough strong democratic government. most, I guess it is, 5 weeks now on Inte- votes to say, no, we don’t want to give The debate was between Walter Lipp- rior. Why haven’t we voted on and you that protection. But at least we mann and John Dewey, the famous ed- passed out an Interior bill? Why not? want to have a vote. Then we can pass ucator. It was Lippmann’s contention Because Senators from the West—and I the Interior bill. We could get to that what you really need to do is get include myself in that; it is close; we Labor-HHS. We could get to the CJS the best of minds in the particular dis- are on the west side of the Mississippi bill on which my colleague from South ciplines—the best fellow on education, River—want to have the same protec- Carolina has worked so hard. We can the best on forestry and fires, the best tion for our forests, for the neighbors get to the VA-HUD-independent agen- fellow on health care, the best fellow of the forests, for the people who work cies bill on which I have worked with on defense, and whatever it is, the ex- in the forests—the firefighters—for the my colleague from Maryland. perts in the fields—to sit around the people who live by the forests, for the There is politics in the holding up of table and agree on the needs of the trees themselves, the wildlife in the the appropriations. The politics are not country and their expert solution to forests, we want to have the same pro- on this side. the problem of those needs. tection from devastating catastrophic I yield the floor. John Dewey, the famous educator, forest fires. The PRESIDING OFFICER. The Sen- said: No, all we need to do is have the Senators CRAIG, DOMENICI, and KYL ator from South Carolina. free press tell the truth to the Amer- offered an amendment which I was f ican people. And out of those truths, proud to support. Very simply, that emanating through their representa- amendment gave, with many more lim- THE ECONOMY tives, their Senators in Government in itations, the same kind of flexibility to Mr. HOLLINGS. Mr. President, ear- Washington, would come the proper the Forest Service in other States that lier this morning I heard a distin- programs to strengthen and maintain it has in South Dakota, which is des- guished colleague on this side of the that democracy. perately needed. aisle refer to ending the fiscal year That for the first time ever gave me The Senator from South Dakota in- with a $150 to $160 billion deficit. the understanding of Jefferson’s obser- cluded a provision nobody knew about Thereafter, I was astounded to hear a vation that as between a free govern- in the Defense bill that said you could colleague from the other side of the ment and a free press, he would choose go in and clean out the high-density aisle say tax cuts increase revenues. If the latter. Obviously, of course, with fuel and the volatile compounds lining that latter statement were true, we that free press telling the truth, we the floors of the forests in South Da- would just come here and cut taxes would always maintain a strong de- kota, but he made it just for South Da- every day because that is what we mocracy. But we haven’t been telling kota. need, revenues. Ever since this Presi- the truth. Fires are raging in the West, in Cali- dent took office, we have run the most I have been trying for a good 20-some fornia, Arizona, Colorado, Utah. They astounding debt of a free country. In- years now, since I was chairman of the are threatened in Missouri. We said: We stead of paying down the debt, there Budget Committee, to get us to tell the

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.084 S02PT1 S9816 CONGRESSIONAL RECORD — SENATE October 2, 2002 truth: Simply, how much in revenues I ask unanimous consent that this TESTIMONY OF CHAIRMAN ALAN GREENSPAN the Government took in, and how section be printed in the CONGRES- (BEFORE THE COMMITTEE ON THE BUDGET, U.S. many expenditures there were. We need SIONAL RECORD at this time, along with SENATE, JANUARY 25, 2001) to find out what the net is, so we know section 31 of the report. OUTLOOK FOR THE FEDERAL BUDGET AND whether we ended up with a surplus or There being no objection, the mate- IMPLICATIONS FOR FISCAL POLICY with a deficit. Using this technique, rial was ordered to be printed in the I am pleased to appear here today to dis- the fiscal year 2002 deficit, that ended RECORD, as follows: cuss some of the important issues sur- rounding the outlook for the federal budget (21) A majority of the members of the Na- just two days ago, was $421 billion. and the attendant implications for the for- How many Senators, time and time tional Commission recommends that the op- mulation of fiscal policy. In doing so, I want again, say: We have to hold the deficit erations of the OASI, DI, HI, and SMI Trust to emphasize that I speak for myself and not to $165 billion, but we are not going to Funds should be removed from the unified necessarily for the Federal Reserve. touch Social Security? How many Sen- budget. Some of those who do not support The challenges you face both in shaping a this recommendation believe that the situa- budget for the coming year and in designing ators have said we have a $5.6 trillion tion would be adequately handled if the oper- surplus, but we are not going to touch a longer-run strategy for fiscal policy were ations of the Social Security program were brought into sharp focus by the release last Social Security? displayed within the present unified Federal week of the Clinton Administration’s final Let me go to the Social Security budget as a separate budget function, apart budget projections, which showed further up- story. In 1935, under Franklin Delano from other income security programs. ward revisions of on-budget surpluses for the Roosevelt, we passed the most forma- The PRESIDING OFFICER. The Sen- next decade. The Congressional Budget Of- tive of governmental programs. Be- ator has consumed 10 minutes. fice also is expected to again raise its projec- tween 1930 and 1969, we never used So- Mr. HOLLINGS. I ask unanimous tions when it issues its report next week. cial Security moneys to pay the Gov- consent for another 10 minutes. The key factor driving the cumulative up- ward revisions in the budget picture in re- ernment’s debt. However, in 1971, I was The PRESIDING OFFICER. Without cent years has been the extraordinary pickup here when we had the famous expert on objection, it is so ordered. in the growth of labor productivity experi- government finance, Congressman Wil- Mr. HOLLINGS. Mr. President, in enced in this country since the mid-1990s. Be- bur Mills, and he started up into New 1993, that same Alan Greenspan went tween the early 1970s and 1995, output per Hampshire running for the Presidency, down to Arkansas. To meet with Presi- hour in the nonfarm business sector rose promising a 10-percent increase in the dent-Elect Bill Clinton at an economic about 11⁄2 percent per year, on average. Since cost of living adjustment to the Social conference. He said what we really 1995, however, productivity growth has accel- needed to do is pay down the debt; then erated markedly, about doubling the earlier Security recipient. pace, even after taking account of the impe- He said that we have such a surplus President Clinton came to town, and tus from cyclical forces. Though hardly de- in the Social Security trust fund, he without a single Republican vote, we finitive, the apparent sustained growth in would give them a full 10 percent. Of cut spending and we increased taxes. measured productivity in the face of a pro- course, President Nixon came back and That is when the Senator from Texas, nounced slowing in the growth of aggregate said in the campaign: If he gives you 10 Mr. GRAMM, said: If you increase taxes demand during the second half of last year percent, I will give you 15 percent. on Social Security, they will be hunt- was an important test of the extent of the With that one-upmanship during the ing you Democrats down like dogs in improvement in structural productivity. These most recent indications have added to 1970s, we were drained, and the Social the street and shooting you. the accumulating evidence that the apparent Security trust fund almost went into Well, I voted to increase taxes on So- increases in the growth of output per hour the red by 1980. cial Security. I voted to increase taxes are more than transitory. We appointed the famous Greenspan on gasoline. I voted to increase taxes It is these observations that appear to be Commission, which came out with a re- on whom? The stock crowd in New causing economists, including those who port in January 1983 called the ‘‘Na- York. And the stock crowd in New contributed to the OMB and the CBO budget tional Commission on Social Security York rejoiced. They turned around and projections, to raise their forecasts of the economy’s long-term growth rates and budg- Reform.’’ You will see under section said: The Government in Washington et surpluses. This increased optimism re- 21—and I read from it: finally has gotten serious and is going ceives support from the forward-looking in- A majority of the members of the National to pay down the bill—that huge debt— dicators of technical innovation and struc- Commission recommends that the operations and we are going to start investing. tural productivity growth, which have shown of the Social Security trust funds should be Then we had an 8-year economic boom. few signs of weakening despite the marked removed from the unified budget. Along comes candidate George W. curtailment in recent months of capital in- It took this Senator from 1983 until Bush. When candidate Bush came on vestment plans for equipment and software. To be sure, these impressive upward revi- 1990—7 years—to get a vote on this. I fi- that campaign trail, I will never forget sions to the growth of structural produc- nally got it out of the Budget Com- it. It was about this time, the year be- tivity and economic potential are based on mittee, but not unanimously. There fore last. He said he was going to cut inferences drawn from economic relation- was one vote by someone who said they taxes. I was watching it, being an old ships that are different from anything we would ‘‘chase me down like a dog in the Budget Committee chairman and have considered in recent decades. The re- streets’’ when I was recommending an thinking, How in the world are they sulting budget projections, therefore, are increase in taxes in 1993. There was one going to do this? They didn’t have any necessarily subject to a relatively wide range of error. Reflecting the uncertainties Senator on that Budget Committee, taxes to cut. We got right into the of forecasting well into the future, neither who would surprise everybody, who black under President Clinton’s eco- the OMB nor the CBO projects productivity said, no, he didn’t want to put Social nomic plan. We were hearing about to continue to improve at the stepped-up Security off budget. But when we came going in the absolute opposite direc- pace of the past few years. Both expect pro- to a vote on the floor, 98 Senators tion and arguing now why. Everybody ductivity growth rates through the next dec- voted for it. President George Herbert knows why. ade to average roughly 21⁄4 to 21⁄2 percent per Walker Bush, on November 5, 1990, Immediately after his election in No- year—far above the average pace from the signed section 13.301 of the Budget Act vember, on the Friday of that par- early 1970s to the mid-1990s, but still below that of the past five years. into law, which states: ticular week, Vice President CHENEY Had the innovations of recent decades, es- Notwithstanding any other provision of said we were going to cut taxes. Every- pecially in information technologies, not law, the receipts and disbursements of the body started taking him seriously. come to fruition, productivity growth during Social Security trust fund shall not be This was not just a campaign state- the past five to seven years, arguably, would counted in any budget of the United States ment. Then I can tell you who pulled have continued to languish at the rate of the Government. the plug on the economy—irrationally preceding twenty years. The sharp increase There it is. That is the law of the exuberant Alan Greenspan himself. He in prospective long-term rates of return on land. Unfortunately, there is no pen- appeared on January 25—I ask unani- high-tech investments would not have alty if you don’t follow it. I tried to get emerged as it did in the early 1990s, and the mous consent this be printed in the associated surge in stock prices would surely a penalty saying you would forfeit your RECORD. have been largely absent. The accompanying own Social Security if ever you quoted There being no objection, the mate- wealth effect, so evidently critical to the a budget including the Social Security rial was ordered to be printed in the growth of economic activity since the mid- trust funds. RECORD, as follows: 1990s, would never have materialized.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.086 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9817 In contrast, the experience of the past five highly value the risk-free status of those is far better, in my judgment, that the sur- to seven years has been truly without recent issues. Inducing such holders, including for- pluses be lowered by tax reductions than by precedent. The doubling of the growth rate eign holders, to willingly offer to sell their spending increases. The flurry of increases in of output per hour has caused individuals’ securities prior to maturity could require outlays that occurred near the conclusion of real taxable income to grow nearly 21⁄2 times paying premiums that far exceed any real- last fall’s budget deliberations is troubling as fast as it did over the preceding ten years istic value of retiring the debt before matu- because it makes the previous year’s lack of and resulted in the substantial surplus of re- rity. discipline less likely to have been an aberra- ceipts over outlays that we are now experi- Decisions about what type of private assets tion. encing. Not only did taxable income rise to acquire and to which federal accounts To be sure, with the burgeoning federal with the faster growth of GDP, but the asso- they should be directed must be made well surpluses, fiscal policy has not yet been un- ciated large increase in asset prices and cap- before the policy is actually implemented, duly compromised by such actions. But his- ital gains created additional tax liabilities which could occur in as little as five to seven tory illustrates the difficulty of keeping not directly related to income from current years from now. These choices have impor- spending in check, especially in programs production. tant implications for the balance of saving that are open-ended commitments, which too The most recent projections from the OMB and, hence, investment in our economy. For often have led to much larger outlays than indicate that, if current policies remain in example, transferring government savings to initially envisioned. It is important to recog- place, the total unified surplus will reach individual private accounts as a means of nize that government expenditures are $800 billion in fiscal year 2011, including an avoiding the accumulation of private assets claims against real resources and that, while on-budget surplus of $500 billion. The CBO re- in the government accounts could signifi- those claims may be unlimited, our capacity portedly will be showing even larger sur- cantly affect how social security will be to meet them is ultimately constrained by pluses. Moreover, the admittedly quite un- funded in the future. the growth in productivity. Moreover, the certain long-term budget exercises released Short of some privatization, it would be greater the drain of resources from the pri- by the CBO last October maintain an im- preferable in my judgment to allocate the re- vate sector, arguably, the lower the growth plicit on-budget surplus under baseline as- quired private assets to the social security potential of the economy. In contrast to sumptions well past 2030 despite the budg- trust funds, rather than to on-budget ac- most spending programs, tax reductions have etary pressures from the aging of the baby- counts. To be sure, such trust fund invest- downside limits. They cannot be open-ended. boom generation, especially on the major ments are subject to the same concerns Lately there has been much discussion of health programs. about political pressures as on-budget in- cutting taxes to confront the evident pro- The most recent projections, granted their vestments would be. The expectation that nounced weakening in recent economic per- tentativeness, nonetheless make clear that the retirement of the baby-boom generation formance. Such tax initiatives, however, his- the highly desirable goal of paying off the will eventually require a drawdown of these torically have proved difficult to implement federal debt is in reach before the end of the fund balances does, however, provide some in the time frame in which recessions have mitigation of these concerns. decade. This is in marked contrast to the developed and ended. For example, although Returning to the broader picture, I con- perspective of a year ago when the elimi- tinue to believe, as I have testified pre- President Ford proposed in January of 1975 nation of the debt did not appear likely until viously, that all else being equal, a declining that withholding rates be reduced, this easi- the next decade. level of federal debt is desirable because it est of tax changes was not implemented But continuing to run surpluses beyond the holds down long-term real interest rates, until May, when the recession was officially point at which we reach zero or near-zero thereby lowering the cost of capital and ele- over and the recovery was gathering force. federal debt brings to center stage the crit- vating private investment. The rapid capital Of course, had that recession lingered ical longer-term fiscal policy issue of wheth- deepening that has occurred in the U.S. through the rest of 1975 and beyond, the tax er the federal government should accumu- economy in recent years is a testament to cuts would certainly have been helpful. In late large quantities of private (more tech- these benefits. But the sequence of upward today’s context, where tax reduction appears nically nonfederal) assets. At zero debt, the revisions to the budget surplus projections required in any event over the next several continuing unified budget surpluses cur- for several years now has reshaped the years to assist in forestalling the accumula- rently projected imply a major accumulation choices and opportunities before us. Indeed, tion of private assets, starting that process of private assets by the federal government. in almost any credible baseline scenario, sooner rather than later likely would help This development should factor materially short of a major and prolonged economic smooth the transition to longer-term fiscal into the policies you and the Administration contraction, the full benefits of debt reduc- balance. And should current economic weak- choose to pursue. tion are now achieved before the end of this ness spread beyond what now appears likely, I believe, as I have noted in the past, that decade—a prospect that did not seem likely having a tax cut in place may, in fact, do no- the federal government should eschew pri- only a year or even six months ago. ticeably good. vate asset accumulation because it would be The most recent data significantly raise As for tax policy over the longer run, most exceptionally difficult to insulate the gov- the probability that sufficient resources will economists believe that it should be directed ernment’s investment decisions from polit- be available to undertake both debt reduc- at setting rates at the levels required to ical pressures. Thus, over time, having the tion and surplus lowering policy initiatives. meet spending commitments, while doing so federal government hold significant amounts Accordingly, the tradeoff faced earlier ap- in a manner that minimizes distortions, in- of private assets would risk sub-optimal per- pears no longer an issue. The emerging key creases efficiency, and enhances incentives formance by our capital markets, diminished fiscal policy need is to address the implica- for saving, investment, and work. economic efficiency, and lower overall stand- tions of maintaining surpluses beyond the In recognition of the uncertainties in the ards of living than would be achieved other- point at which publicly held debt is effec- economic and budget outlook, it is impor- wise. tively eliminated. tant that any long-term tax plan, or spend- Short of an extraordinarily rapid and high- The time has come, in my judgement, to ing initiative for that matter, be phased in. ly undesirable short-term dissipation of uni- consider a budgetary strategy that is con- Conceivably, it could include provisions fied surpluses or a transferring of assets to sistent with a preemptive smoothing of the that, in some way, would limit surplus-re- individual privatized accounts, it appears glide path to zero federal debt or, more real- ducing actions if specified targets for the difficult to avoid at least some accumulation istically, to the level of federal debt that is budget surplus and federal debt were not sat- of private assets by the government. an effective irreducible minimum. Certainly, isfied. Only if the probability was very low Private asset accumulation may be forced we should make sure that social security that prospective tax cuts or new outlay ini- upon us well short of reaching zero debt. Ob- surpluses are large enough to meet our long- tiatives would send the on-budget accounts viously, savings bonds and state and local term needs and seriously consider explicit into deficit, would unconditional initiatives government series bonds are not readily re- mechanisms that will help ensure that out- appear prudent. deemable before maturity. But the more im- come. Special care must be taken not to con- The reason for caution, of course, rests on portant issue is the potentially rising cost of clude that wraps on fiscal discipline are no the tentativeness of our projections. What if, retiring marketable Treasury debt. While longer necessary. At the same time, we must for example, the forces driving the surge in shorter-term marketable securities could be avoid a situation in which we come upon the tax revenues in recent years begin to dis- allowed to run off as they mature, longer- level of irreducible debt so abruptly that the sipate or reverse in ways that we do not fore- term issues would have to be retired before only alternative to the accumulation of pri- see? Indeed, we still do not have a full under- maturity through debt buybacks. The mag- vate assets would be a sharp reduction in standing of the exceptional strength in indi- nitudes are large: As of January 1, for exam- taxes and/or increase in expenditures, be- vidual income tax receipts during the latter ple, there was in excess of three quarters of cause these actions might occur at a time 1990s. To the extent that some of the surprise a trillion dollars in outstanding nonmarket- when sizable economic stimulus would be in- has been indirectly associated with the surge able securities, such as savings bonds and appropriate. In other words, budget policy in asset values in the 1990s, the softness in state and local series issues, and marketable should strive to limit potential disruptions equity prices over the past year has high- securities (excluding those held by the Fed- by making the on-budget surplus economi- lighted some of the risks going forward. eral Reserve) that do not mature and could cally inconsequential when the debt is effec- Indeed, the current economic weakness not be called before 2011. Some holders of tively paid off. may reveal a less favorable relationship be- long-term Treasury securities may be reluc- In general, as I have testified previously, if tween tax receipts, income, and asset prices tant to give them up, especially those who long-term fiscal stability is the criterion, it than has been assumed in recent projections.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.023 S02PT1 S9818 CONGRESSIONAL RECORD — SENATE October 2, 2002 Until we receive full detail on the distribu- ance of our capital markets, diminish How are we going to get truth in tion by income of individual tax liabilities economic efficiency, and lower overall budgeting? It is very interesting that for 1999, 2000, and perhaps 2001, we are mak- standards of living.’’ we passed, in 1994, the Pension Reform ing little more than informed guesses of cer- He talked of ‘‘burgeoning Federal Act whereby companies are not allowed tain key relationships between income and surpluses.’’ That was just last year, in tax receipts. to use pension money of corporations To be sure, unless later sources do reveal January. He said that surpluses should to pay off company debt. We had Carl major changes in tax liability determina- be lowered by tax reductions rather Icahn and all of those quick artists tion, receipts should be reasonably well- than by spending increases. who took money from these corpora- maintained in the near term, as the effects He said: tions and ran. of earlier gains in asset values continue to The most recent data significantly raised Unfortunately, our friend, the fa- feed through with a lag into tax liabilities. the probability that sufficient resources will mous pitcher, Denny McLain in De- But the longer-run effects of movements in be available to undertake both debt reduc- troit, when he headed up a corporation asset values are much more difficult to as- tion and surplus lowering. and took money, was convicted of a fel- sess, and those uncertainties would intensify Does anybody here need better per- should equity prices remain significantly off ony. I said: If you can find the jail mission than that, than to have Alan where he is serving—I am confident he their peaks. Of course, the uncertainties in Greenspan give you the stamp of ap- the receipts outlook do seem less troubling is out by now—tell him next time to proval for cutting taxes? run for the U.S. Senate. Instead of a in view of the cushion provided by the recent Mr. President, the President talked a sizable upward revisions to the ten-year sur- jail term, you get the Good Govern- month later, in February, in his State plus projections. But the risk of adverse ment Award. That is what we have of the Union, and he said: movements in receipt is still real, and the going on. probability of dropping back into deficit as a To make sure the retirement savings of You cannot treat expenditures as consequence of imprudent fiscal policies is America’s seniors are not diverted in any revenues. That is exactly Kenny Boy not negligible. other program, my budget projects all $2.6 In the end, the outlook for federal budget trillion of the Social Security surplus for So- Lay’s Enron program, but Kenny Boy surpluses rests fundamentally on expecta- cial Security, and for Social Security alone. did not invent it. We invented it up tions of longer-term trends in productivity, At the end of these 10 years, we will have here under voodoo Reagan and now fashioned by judgments about the tech- paid down all of the debt. That is more debt with voodoo Bush 2, George W. He nologies that underlie these trends. Econo- repaid more quickly than has ever been re- broke the Government. He has the sor- mists have long noted that the diffusion of paid by any nation in history. riest economic team you have ever technology starts slowly, accelerates, and He says, going further: seen. He still naively does not under- then slows with maturity. But knowing My budget sets aside almost a trillion dol- stand the economy, asking for tax cuts. where we now stand in that sequence is dif- lars over 10 years for additional needs. ficult—if not impossible—in real time. As He is continuing to wreck us, and until the CBO and the OMB acknowledge, they I could read more. But don’t come he gets rid of that team and quits talk- have been cautious in their interpretation of now and say we have huge deficits be- ing tax cuts and starts talking eco- recent productivity developments and in cause of 9/11. The cost of 9/11 is under nomic sense, the market will never their assumptions going forward. That seems $32 billion. The terrorism war didn’t turn around, I can tell you that right appropriate given the uncertainties that sur- cause this huge deficit. If it did, the now. round even these relatively moderate esti- President said just a year ago, he had Mr. President, let’s please tell the mates for productivity growth. Faced with a trillion dollars ready to take care of truth. I ask unanimous consent that these uncertainties, it is crucial that we de- anything unexpected. the public debt to the penny by the velop budgetary strategies that deal with So there you are, Mr. President. any disappointments that could occur. Treasurer of the United States, Sec- That said, as I have argued for some time, What we did is to give out some re- retary O’Neill, be printed in the there is a distinct possibility that much of bates. I had an amendment on the floor RECORD showing we ended fiscal year the development and diffusion of new tech- on this. We passed it in June and paid 2002 with a $421 billion deficit. nologies in the current wave of innovation it out around September. It was too There being no objection, the mate- still lies ahead, and we cannot rule out pro- late; it wasn’t enough. More than any- rial was ordered to be printed in the ductivity growth rates greater than is as- thing else, it didn’t give the payroll RECORD, as follows: sumed in the official budget projections. Ob- taxpayers—the ones who would spend viously, if that turns out to be the case, the the money, the people who were pulling THE DEBT TO THE PENNY existing level of tax rates would have to be the wagon, paying the taxes, keeping reduced to remain consistent with currently Amount projected budget outlays. the schools going, and everything else The changes in the budget outlook over of that kind, working around the Current: 9–30–2002 ...... $6,228,235,965,597.16 Current month: the past several years are truly remarkable. clock—they didn’t get any particular 9–27–2002 ...... 6,193,334,713,434.45 Little more than a decade ago, the Congress tax cut. 9–26–2002 ...... 6,195,917,334,028.10 established budget controls that were consid- So then this August I moved finally 9–25–2002 ...... 6,201,863,128,192.67 9–24–2002 ...... 6,202,454,383,502.58 ered successful because they were instru- on the budget with respect to the SEC 9–23–2002 ...... 6,201,634,677,013.67 mental in squeezing the burgeoning budget certification. If the SEC was busy ask- 9–20–2002 ...... 6,199,849,505,001.03 deficit to tolerable dimensions. Nevertheless, 9–19–2002 ...... 6,199,158,297,617.64 ing the CEOs of America’s largest com- 9–18–2002 ...... 6,203,601,028,501.77 despite the sharp curtailment of defense ex- panies to swear that their financial re- 9–17–2002 ...... 6,206,073,469,907.30 penditures under way during those years, few 9–16–2002 ...... 6,198,239,142,009.48 believed that a surplus was anywhere on the ports were in order, I thought that 9–13–2002 ...... 6,206,509,037,316.48 Mitch Daniels should do the same for 9–12–2002 ...... 6,207,448,344,943.44 horizon. And the notion that the rapidly 9–11–2002 ...... 6,212,731,396,360.16 mounting federal debt could be paid off the Office of Management and Budget. 9–10–2002 ...... 6,206,134,982,821.32 would not have been taken seriously. Here on this chart we have listed 9–9–2002 ...... 6,200,848,240,187.31 9–6–2002 ...... 6,203,279,922,857.50 But let me end on a cautionary note. With more than 600 CEOs who complied. On 9–5–2002 ...... 6,203,621,876,964.50 today’s euphoria surrounding the surpluses, August 14, the deadline day, there were 9–4–2002 ...... 6,201,449,286,859.25 it is not difficult to imagine in the hard- only two exceptions—the CEO of the IT 9–3–2002 ...... 6,194,089,703,019.91 earned fiscal restraint developed in recent Prior months: Group, Mitch Daniels of the United 8–30–2002 ...... 6,210,481,675,956.26 years rapidly... 7–31–2002 ...... 6,159,740,790,009.39 States of America. Let me scratch out 6–28–2002 ...... 6,126,468,760,400.48 He said that ‘‘by continuing to run the IT Group because they have since 5–31–2002 ...... 6,019,332,312,247.55 surpluses beyond the point of which we been heard from. 4–30–2002 ...... 5,984,677,357,213.86 3–29–2002 ...... 6,006,031,606,265.38 reach zero, Federal debt brings to cen- I wrote Mitch Daniels, the Director 2–28–2002 ...... 6,003,453,016,583.85 ter stage the critical longer term fiscal of the Office of Management and Budg- 1–31–2002 ...... 5,937,228,743,476.27 12–31–2001 ...... 5,943,438,563,436.13 policy issue of whether the Federal et, and I said: Are you going to also 11–30–2001 ...... 5,888,896,887,571.34 Government should accumulate large certify on August 14? The next day, the 10–31–2001 ...... 5,815,983,290,402.24 Prior fiscal years: quantities of private assets. I believe New York Times reported that Mr. 9–28–2001 ...... 5,807,463,412,200.06 that the Federal Government should Daniels said he would have a reply to 9–29–2000 ...... 5,674,178,209,886.86 9–30–1999 ...... 5,656,270,901,615.43 eschew private assets accumulation. Of Mr. HOLLINGS ready in a day or two. 9–30–1998 ...... 5,526,193,008,897.62 course, having the Federal Government That was on August 15. I still do not 9–30–1997 ...... 5,413,146,011,397.34 9–30–1996 ...... 5,224,810,939,135.73 hold the significant amounts of private have a reply. I guess he wants an ex- 9–29–1995 ...... 4,973,982,900,709.39 assets would risk sub-optimal perform- tension. 9–30–1994 ...... 4,692,749,910,013.32

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.026 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9819 THE DEBT TO THE PENNY—Continued God created the Earth and all of the keep bombs from being placed on air- universe and created man in 1 week—6 liners. To do that, the airports need Amount days and rested on the 7th. Here we help. But the administration’s refusal 9–30–1993 ...... 4,411,488,883,139.38 are, the House has not taken up an ap- to be more flexible in its appropria- 9–30–1992 ...... 4,064,620,655,521.66 9–30–1991 ...... 3,665,303,351,697.03 propriations bill on the floor for 10 tions approach means that help is not 9–28–1990 ...... 3,233,313,451,777.25 weeks—10 weeks. Rather than working on the way. 9–29–1989 ...... 2,857,430,960,187.32 9–30–1988 ...... 2,602,337,712,041.16 with the House Appropriations Com- Federal funds are also needed to hire 9–30–1987 ...... 2,350,276,890,953.00 mittee and moderates in their own new Federal screeners to make our Na- Source: Bureau of the Public Debt. party on a level of spending that could tion’s seaports more secure. Is help on be approved on the House floor, the the way? Mr. HOLLINGS. I yield the floor. House Republican leadership, at the re- Help is not on the way. The PRESIDING OFFICER (Mr. CAR- quest of the White House, simply shut The Immigration and Naturalization PER). The Senator from Nevada. the appropriations process down. That Service is at a critical juncture in de- f is it. veloping a comprehensive entry and ORDER OF PROCEDURE As a result, one of the most funda- exit system to protect our Nation’s mental duties of the President and the borders. The Senate bill provides $362 Mr. REID. Mr. President, I ask unan- Congress—namely, to make careful and million for this initiative. Is help on imous consent that in the order of responsible choices about how to spend the way? No. The administration’s in- speakers already identified, Senator the taxpayers’ hard-earned dollars—has flexibility means that help is not on KENNEDY be removed from the list and been put on automatic pilot. the way. that following Senator BYRD—Senator While the days slip away, the 4 mil- The Customs Service is scheduled to BYRD has indicated he will speak for 20 lion veterans in this country who rely hire more than 620 agents and inspec- or 25 minutes—Senator ENZI then be on the Veterans Administration for tors to serve at the Nation’s high-risk recognized, followed by Senator DOR- their health care will have to worry as land and seaports of entry. Homeland GAN. Following that, Senators BOND, to whether or not that care is going to security? The Senate provides the BINGAMAN, and LINCOLN will then be be available for them. funding for the Customs Service. But is next recognized. They have some legis- While the days slip away, the 11,420 help on the way? No. The administra- lation on which they want to have a FBI agents who are supposed to be tion is being inflexible. Help is not on colloquy. Following Senator DORGAN, combating the war on terrorism will the way. we will have a presentation by Sen- have to wonder whether they have the Thousands of FEMA fire grants, ators BOND, BINGAMAN, and LINCOLN. necessary resources to continue to grants for interoperable communica- The PRESIDING OFFICER. Without fight that war. Why? Because of this tions equipment, grants to upgrade objection, it is so ordered. administration’s do-nothing policy emergency operations centers, grants The Senator from West Virginia. when it comes to the appropriations to upgrade search and rescue teams, f process. Slow down the process. Stall. grants for emergency responder train- APPROPRIATIONS BILLS: AT AN While the days slip away, the Gov- ing, and grants to improve State and IMPASSE ernment’s effort to root out corporate local planning would be funded under fraud would be put on hold. the Senate’s appropriations bill. Is help Mr. BYRD. I thank the Chair. I also While the days slip away, the Presi- on the way? No. The administration is extend my thanks to the distinguished dent appears to be satisfied to forget inflexible. Democratic whip for his help in arrang- his ‘‘no child left behind’’ promise and These are the special interests, I sup- ing for me to speak at this moment. turn the commitment to educating pose, that the President was talking Mr. President, today is October 2. In America’s children into another un- about, these firemen, policemen, and 2 days, the continuing resolution that funded mandate, another unfulfilled emergency health personnel who ap- Congress approved last week will ex- promise. peared before the Senate Appropria- pire. While the days flip by on the cal- The President is quick to champion tions Committee last spring in support endar, the work on appropriations bills homeland security on the political of more money for homeland security. remains at an impasse, a standstill. speech tour. Yes, he will stand out So here are these special interests— As a result of White House efforts to there with a backdrop of marines, a the firemen, the policemen, the emer- slow down the appropriations process— backdrop of soldiers, a backdrop of gency help personnel, the people from and those efforts have been success- sailors, a backdrop of the National the hospitals, and the nurses who came ful—not 1 of the 13 appropriations bills Guard, and he will say: Congress, pass before our Senate Appropriations Com- has been sent to the President as of Oc- my homeland security bill. mittee and pleaded for more money for tober 1, the beginning of the new fiscal The President is quick to champion homeland security. Are these the spe- year. This is the worst record for homeland security on the hustings cial interests the President is talking progress in the appropriations process when he is making fundraising trips, about? since 1987. raising big dollars for the campaign. He Help is not on the way. In 1987, my wife and I celebrated our is quick to champion homeland secu- Talk is cheap. Homeland security is 50th wedding anniversary. Here it is 15 rity, but his budget priorities reflect not cheap. By forcing the Government years later, so we are now 65 years an entirely different agenda. The ad- to operate on autopilot, the adminis- along on our journey, but how much ministration’s adamant refusal to tration wants the Nation to fight ter- further along are we in the appropria- move off the dime in these appropria- rorism at home with one hand tied be- tions process? Let me say again, this is tions discussions could jeopardize hind our backs. The President needs to the worst record for progress in the ap- homeland security—and already has come out of the White House war room propriations process since 1987. jeopardized homeland security. long enough to focus on the situation I would be very unhappy to say this No matter when or how or whether at home. There is no need to go to Iraq, with respect to my wife’s and my jour- any new Department of Homeland Se- no need to go to the Middle East. The ney of wedding anniversaries. Fifteen curity is created, by jeopardizing the war on terrorism is being waged at of them have passed since we had our appropriations bills, the White House home. worst year in 1987 in the appropriations jeopardizes critical funds for the new Is help on the way? No. process. So today, 15 years later, we Transportation Security Administra- By December 31, 2.3 million unem- are as bad as we were then. tion. Many of the requirements of the ployed Americans will be cut off from As a result of White House intran- Transportation Security Act require employment assistance. As the days sigence on total discretionary spending large expenditures in the first quarter slip away, our Nation’s farmers and for this fiscal year, the other body, the of fiscal year 2003. Are they going to ranchers are left with no assistance in House of Representatives, has not flow? the face of the worst drought since the taken up a single appropriations bill on Local airports are required to pur- Dust Bowl days of the 1930s. I remem- the House floor for 10 weeks—10 weeks. chase explosive detection equipment to ber those Dust Bowl days of the 1930s.

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.017 S02PT1 S9820 CONGRESSIONAL RECORD — SENATE October 2, 2002 I was beginning my last 4 years in high Committee total $768.1 billion. These House to move closer to the Senate school in the 1930s. That is when me- bills are consistent with the committee level. chanically sliced bread first came allocation approved by a vote of 29–0 in We are making progress on the De- along. ‘‘The greatest thing since sliced June. The bills are consistent with the fense package, and I hope that we can bread,’’ we hear. That goes back to the $768.1 billion allocation that was ap- conference those bills soon. But, in 1930s. proved by the Senate Budget Com- order to do that, we need the House Re- The promise made to America’s sen- mittee when it reported its budget res- publican leadership and the adminis- ior citizens for an effective prescrip- olution last March. The bills are con- tration to be more flexible in their ap- tion drug benefit is left for another sistent with the $768.1 billion alloca- proach. Taking such a hard line on day. Help is not on the way. tion that was supported by 59 Members these appropriations bills threatens the A weakened economy and rising of the Senate when the allocation was security of the country forces Congress health care costs are the main reasons voted on during floor debate on the De- to gut vital domestic initiatives. for the growth in the number of the un- fense Authorization bill on June 20. The atmosphere of the White House insured. When people lose their jobs, The Senate bills do not promote an is a heady one. It can cause even the they often lose their health coverage. explosive growth in spending. The big most level-headed occupant to focus on The number of unemployed men and growth in the bills is for the 13-percent what is important inside the Wash- women has increased by about 2 mil- hike proposed by the President for De- ington beltway and to forget what is lion since January 2001, so it should fense and the 25-percent increase pro- important in the rest of the Nation. I, come as no surprise that the number of posed by the President for homeland for one, do not forget what is impor- uninsured is also going up, up, up. defense. The fight with the President is tant to America. I recognize, as do Health insurance premiums also in- over the Senate’s desire to provide a 2.6 many Members of this body, the impor- creased by 12.7 percent during the past percent increase for domestic pro- tance of these appropriations bills to year, making coverage less affordable grams, barely enough to cover infla- the future progress and security of this for employers and workers. tion. Nation. I recognize the importance of According to the Census Bureau, the Clearly, a bipartisan effort in the these appropriations bills to the farm- number of people with employment- Senate has produced good pieces of leg- ers, to the teachers and their students, based health coverage dropped in 2001 islation. But progress on these bills is and to the veterans. I recognize the im- for the first time since 1993. What is at an impasse because the House lead- portance of these bills to future break- the response to this situation from the ership, under direction from the admin- throughs in medical research and can- Bush administration? What is the re- istration, will not move beyond its ar- cer treatments. I recognize the impor- sponse? bitrary funding level of $759 billion. tance of these bills to our Nation’s en- What? I can’t hear you. A deafening Just $9 billion between us, $9 billion. ergy independence and to our transpor- silence. Yet the administration will not move. tation network. Without these bills, In 2001, the 30 top earning corporate On the other hand, someone asked promises will remain unfulfilled, prob- executives took home $3.1 billion, an Larry Lindsey, the President’s top eco- lems will remain unattended, and average of $104 million. We are talking nomic adviser, at the White House the progress will be stalled. about the 30 top earning corporate ex- other day: How much will the war cost? Tomorrow, the House is expected to ecutives. What did they do to earn Maybe $100 billion, maybe $200 billion. debate a second continuing resolution their money? That is nothing. that would simply extend the first con- They bilked shareholders. The 30 top- That was his response. That is noth- tinuing resolution through Friday, Oc- earning corporate executives took ing. tober 11, and I will recommend that the home $3.123 billion, an average of $104 Yet we have come to a standstill be- Senate approve that resolution without million. cause of $9 billion that the Appropria- controversy. But we should not con- Why be a U.S. Senator? Why be a tions Committee in the House and the tinue to place the Government on auto- Senator? Why be anything else? Be- Appropriations Committee in the Sen- pilot. We should complete work on our come a corporate executive. Not all of ate believe is needed for domestic pro- appropriations bills. them are like that, but there are some grams that benefit the Nation’s fami- I urge the administration and the bad apples there. lies, children, and veterans. House Republican leadership to join Compared to the national median in- By its calculated machinations, the this Senate in passing 13 responsible come in 2001, these 30 corporate execu- administration is turning its back to pieces of legislation that respond to tives earned the equivalent of 73,955 the needs of the American people at the needs of the Nation, at home and households. I would never believe it, the exact moment where those needs abroad. I urge that arbitrary budget but these 30 corporate executives are reaching the breaking point. figures be left at the door and we com- earned the equivalent of 73,955 house- This should not be about political plete our work before adjourning this holds. winners or losers. This year, of all session of Congress. What is the response to this inequity years, we should not play political The PRESIDING OFFICER. Under from the Bush administration? What? games with the appropriations bills. the previous order, the Senator from A deafening silence. Have I lost my But it seems as if the administration is Wyoming is recognized. hearing? What has happened? Here I more than willing to roll the dice with f am, 85 years old, and I have no ear these important bills. And I fear that plugs in all these years. What? A deaf- their gamble will come up snake eyes. COMPLETING THE SENATE’S ening silence. Deafening. Time and again, the President called BUSINESS Unfortunately for the American peo- on Congress to pass the Defense appro- Mr. ENZI. Mr. President, as people ple, it is not a record on which to look priations bill before the break for the can probably tell, we are getting down back with pride. It is a record that re- election. I agree with the President. We to the end of this session. As such, jects compromise in favor of obsti- should pass that bill. The Senate’s bi- there is a lot of business that still nance. It is a record that rejects partisan Defense package is $1.2 billion needs to be completed. Many of my col- progress in favor of partisanship. It is a above the House-passed level. The Sen- league have expressed their concerns record that puts politics ahead of the ate, which some claim is uninterested that the Senate has not completed its American people. in defense and in the security of the business for this session. We all have As for the appropriations bills, the Nation, provided significantly more re- similar concerns. Every once in a ranking member of the full committee, sources for our soldiers, sailors, and while, I am compelled to come to the the senior Senator from Alaska, Mr. airmen than the House. This Senate floor and explain what is going on. STEVENS, and I have urged the adminis- has answered the call and responded to There is not a scorecard around here. tration and the House Republican lead- the needs of the military. Congress There is not a program that anyone ership to move closer to the Senate should not pinch pennies at this time can follow. So sometimes it is a little levels in these bills. The 13 bills ap- for the men and women in our Armed difficult to know what is really hap- proved by the Senate Appropriations Forces, and I continue to urge the pening in the Senate.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.093 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9821 I know there is a little confusion One of my constituents’ worries is solve of the United States and that we among the American public about our the drought. Wyomingites are experi- are going to disarm Saddam Hussein. If progress because I go back to Wyoming encing the third year of a tragic we cannot disarm Hussein, we are almost every weekend. I go out on Fri- drought. People have had to sell off going to replace him. In the next week, day because we usually do not have their livestock. When all areas affected the Congress will be debating a resolu- votes on Fridays. I travel to a different by this drought start to sell off live- tion concerning Iraq. It was introduced part of Wyoming each weekend and I stock, it drives the prices down. It par- in a bipartisan manner in the Senate return to Washington on Sunday. One ticularly drives the prices down if earlier today, and it is going to be one of the things I have learned in my 51⁄2 there is a packer concentration that of the really important debates of this years of being a Senator from Wyoming sets those prices. body. It will take us at least a few days is that it is really a big State with nu- Packer concentration is another lit- to complete. merous communities. Each side of Wy- tle problem we have in Wyoming, I have to tell you that after the oming is approximately 400 miles on a which coincides with our State’s cur- President’s speech was over, the dele- side, one of those two big square States rent drought. I am sure people in gates had a little time to talk among in the West. If they had not invented America have not noticed their beef themselves. We wandered around and the square, we would not be able to prices going down. No, their beef prices met other delegates, and also over- exist. have been increasing. But the ranchers’ heard their conversations. I was very Wyoming has 267 towns and one-third prices have been decreasing. It is an ef- pleased at how well the delegates ac- of those towns do not have any popu- fect of the drought—with some phony cepted the President’s comments about lation. I go to those towns, too, be- economics built in. Nevertheless, Wyo- Iraq. Again, if the United Nations does cause there actually are people who mingites are very interested in the its job, sticks together and does what congregate at those places. There is a drought. My constituents also are very all of the heads of states have been say- post office or a school or some other interested in what is going to happen ing, we can solve the Iraq problem and public facility, or a ranch that people in Iraq. we can solve it within the realm of the go to discuss issues. I was able to travel to New York on United Nations. I am sure that would For example, two weeks ago, I was the floor of the United Nations General be everyone’s preference. invited to a pork barbecue—very un- Assembly when the President delivered While I am explaining what is going usual in Wyoming. We usually have his speech to the General Assembly. on in the Congress, I have to backtrack beef barbecues, but this was a pork bar- Each session, the President is allowed a little bit because the Congress has becue at three ranches north of Lusk, to appoint two people from the Con- had a little different situation this Wyoming in Niobrara County. The pop- gress to be United Nations delegates. year and we have numerous loose ends ulation of the entire county—and it is President Bush appointed Senator SAR- that remain out there. We have heard bigger than most eastern States—is a BANES and me to represent the Con- about why the appropriations bills are little over 3,000 people. Most of the pop- gress at the General Assembly, giving stalled out. I want to take time to ex- ulation lives in one town, Lusk. The us diplomatic status and rank. It is ac- plain why that has happened. Home- ranch where the barbecue was hosted is tually very exciting. If the Ambassador land security is stalled out, and I want just three ranches north near Lusk. It is not there, we have the right to sit in to explain why that has happened. We turned out that three ranches north is the U.S. Ambassador’s seat and cast also have an energy conference that is 61 miles and then you are still not votes on United Nations resolutions. out. We have the military construction there. After driving 61 miles, you turn We also have the opportunity to ad- and defense appropriations, that have off the highway and drive back another dress the United Nations. already passed this body and passed the 25 miles on dirt roads to get to the It was interesting attending the ses- House and are now being conferenced. ranch where the barbecue was being sion in which President Bush delivered We have terrorism insurance, which held. During the last 25 miles, I forded his speech to the United Nations Gen- has passed both bodies and is being a crick to get to the house. eral Assembly. When the President was conferenced. We have the Patients’ Bill I do not know how many of my col- first introduced, the people who ap- of Rights, and other bills, for which leagues have recently forded a crick to plauded were primarily from the conference committees have been se- get to some of their constituents. But United States. It was a strange situa- lected. when I got to the ranch, there were ap- tion for the President of the United We work through a committee proc- proximately 200 people sitting on hay States because they are used to having ess in the Congress. The committee bales, listening to a band, eating the people stand and applaud. For the Gen- process allows a select group of people barbecue, and talking about what was eral Assembly attendees, it was not a who are intensely interested in a par- going to happen in their State legisla- big shock about the lack of applause ticular policy area get together as a tive district. because we had just heard the Brazilian committee and they review a bill from Some of our State legislative dis- head of state’s speech and he did not all of the perspectives of all committee tricts in Wyoming are pretty long and receive applause at the beginning or members. It is the easiest place to wind around so they have enough peo- end of his speech. work a bill because groups can drop off ple within the borders to qualify as a President Bush gave his speech, giv- where they have common interests in a legislative district. Previously, the ing an outstanding delivery. It was fas- particular section of that bill and work record for people traveling to attend cinating to watch the delegates around out compromises easier than can be one of my meetings was no more 40 or the floor as their body language dem- done on the floor. So I would say about 50 miles. That is how close neighbors onstrated that they were loosening up. 80 percent of the work that we do get live next to one another out in that As all of you who watched the speech done is during the committee process. part of the country. At this particular know, when President Bush finished, One of the reasons that people some- meeting, we set a new record. One of he received applause—pretty unani- times think the Senate is a divisive the families had traveled to over 180 mous applause. He made a point, and I body is that this is the room in which miles to attend my meeting. Surpris- have to tell you that after he finished, we debate the other 20 percent—the 20 ingly enough, they still live in that the other heads of state, as they gave percent that we did not work out in the same house State legislative district, their speeches, used the theme that the committee. which gives you an idea about the President used. They took Iraq to task One of the things you will notice is number of miles that we have travel and Iraq heard it. Because the heads of when we complete a bill, we agree on out in the West. state have talked about Iraq—and it is about 80 percent, which we had origi- One of the things I have discovered still talk—Iraqi officials have talked nally agreed upon during the com- during my weekly trips to Wyoming is about allowing inspectors in the coun- mittee process. It makes us look a lit- what the people in my home State are try. tle divisive, but it is part of the philos- really thinking and worrying about. I However, we still have a long way to ophy that keeps the legislative process am here to tell you they have two main go. There is more important work that moving. The committee process gets worries right now. we have to accomplish to show the re- things done in the Senate.

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.113 S02PT1 S9822 CONGRESSIONAL RECORD — SENATE October 2, 2002 This year, we debated the energy bill onstrations to show what could be done be voted on side by side, even though for approximately 8 weeks. It did not in our forests to have the kind of for- one was an amendment to the other. go through committee. You were able ests everyone envisions. There needs to During the time the Republicans were to see the entire bill crafted and de- be a good debate on what we envision in the majority, the minority was al- bated on the Senate floor without the as a healthy forest. In the meantime, lowed votes on their bills, but we are flexibility found during the committee of course, the fires rage on and we are now not getting votes on our bills. process. This occurred because the Sen- not allowed to vote on the healthy for- There is some point at which you have ate Energy Committee was stopped est demonstration project. to say: if we cannot vote on it, we will from working on its version of the en- The fire demonstration project is ex- stop the process until we do get a vote. ergy bill. There was some bipartisan tremely critical to the West. About 8 The easy way to solve that is to let us agreement on the energy bill during million acres have burned out thus far. have a vote on this important healthy the committee process, and then the For people who do not deal a lot with forest demonstration project and the committee was told to stop working on acres, it really does not mean much to President’s version of the homeland se- it. Consequently, it took us a long time them. An acre is about the size of a curity bill. to work through the energy bill on the football field. But that is hard to relate Also, let us have a vote on the Presi- Senate floor, and I do not think it is a to 8 million acres. It is the equivalent dent’s homeland security. The signifi- bill that, because of the complexities of of a four-mile-wide strip from Wash- cant difference in the versions is doing it with 100 votes, really reflected ington, DC, to Los Angeles that has whether we are going to take away the what could have been accomplished in been burned off this year. This year’s right of the President to address committee. fires have caused in excess of 25 deaths, ceratin personnel issues and make him We worked on prescription drugs, and untold houses being burned to the subject, during emergencies, to stacks which is one of the most critical needs ground. Those people who did not have of regulations. Should the President for seniors in this country. What hap- their homes burned to the ground are have to go by huge stacks of regula- pened on prescription drugs? It did not now facing blackened stubble. tions to make management decisions come out of committee. Normally the Something needs to be done about it. in a time of crisis while maintaining a Senate Finance Committee, which has There are some preventive actions we secure homeland? an extensive expertise on health care, can take. Outside Yellowstone Park, There is going to be a lot of frustra- Medicare, and Social Security, handles there is a pine beetle forest, which tion in the next few days because there those issues. But the committee was means pine beetles have gotten into is a great need to get the Senate’s not able to handle it. The Senate voted the trees and girdled them. The beetles work done. We are the ones charged on three different prescription drug cut off all the nutrition to trees, and with getting the appropriations bills bills this year, which took many weeks the trees die. The first year they are done. We need to complete the FY 2003 appropriations process. We should start of debate and time to discuss each one. dead, they have rusty pine needles. that process with the budget so that we None of them had enough votes to pass Pine needles burn extremely well. have a road map of what we are doing, the parliamentary requirements to After the first year, you have a dead and then fill in the blanks on the ap- move forward in the Senate, even standing tree. Dead trees burn pretty propriations while staying within a though one of them was a tripartisan well, too. After that, the trees fall balanced budget. bill. over, deteriorate, and become part of When I first arrived here in the Sen- There is another unique thing that the undergrowth and create further ate, we had a huge controversy. The has happened this year in the Senate. problems. very first thing I debated was the bal- We are not operating with a budget. There are things we could be doing to anced budget constitutional amend- The last budget agreement ended yes- prevent these fires. Good stewardship ment. People who remember 51⁄2 years terday. It presents some real complica- of our forests would increase habitat ago will remember that a constitu- tions for us to be able to get our work for animals and provide more safety. tional amendment has a much higher done. It presents even bigger complica- We cannot do much, but we could do criteria for passing than any other bill. tions for maintaining any kind of a the worst first by being allowed to vote It was defeated by one vote. The reason balanced budget—or as close as pos- on an amendment to address wildfire was defeated by one vote was because sible—when the economy is down and a suppression. The FY 2003 Interior ap- everybody here said we can balance the war is occurring. We need a budget, but propriations bill has languished here budget, and those who opposed the we do not currently have a budget. for approximately five weeks. During amendment said we can balance the Another thing that has happened is the past month, we have debated the budget without a balanced budget con- when bills come to the Senate floor, Interior appropriations bill in the stitutional amendment. usually each side gets to introduce mornings. In the afternoon, we have We did balance the budget for a some amendments. Each side is al- debated the homeland security bill. while. We did it. I am very proud of it. lowed to introduce and vote on their Again, after getting through a loaded While we were balancing the budget, own amendments. Lately, what we amendment tree, we wind up in a situa- the economy went up. When we stopped have been having is a full tree. You tion where we cannot get a vote on the balancing the budget, the Congress said will hear that comment around here. I President’s version of the homeland se- there were surpluses available to spend need to better explain this termi- curity bill. I think it is very discour- beyond what was allocated for before, nology. The full tree means that one teous to the President to not be al- then economy started down. Having a side puts in all the amendments that lowed an opportunity to have a vote on balanced budget gives importance to can be debated, so the other side is his version of the homeland security the economy of this country. It gives blocked from being able to offer any bill. Why not? I suspect it would pass people more reliance on what we are amendments. There were some prom- the same as the fire amendment. doing, and more confidence in what we ises in June that was not going to hap- It is a definite dilemma. Do we let are doing. At the moment, we are not pen. Promises have not been kept. Once the President’s homeland security instilling a lot of confidence. we finally were given the opportunity version of the bill pass, or do we just Granted, there is a war going on, and to put in an amendment, we have not stifle it? If it gets stifled, nothing can a war affects the budget. And it should. had an opportunity to vote on it. happen on this policy issue. We have Earlier, Senator HOLLINGS had some I mentioned earlier the extreme some work to do. It is time we did it. charts when he was describing the drought that is occurring in Wyoming. It could be done by allowing some amount of the national debt. I knew a Throughout the West, we are having votes on some key policy issues. fellow named Steve Tarver who used to forest fires. The fiscal year 2003 Inte- There has always been cooperation in live in Gillette. He used to get a hold of rior appropriations bill has an amend- the Senate for the 51⁄2 years I have been me on a regular basis and ask: How ment that would provide for a dem- here in allowing people to have a vote much is the national debt? If we are onstration project to show what a on their amendments. Sometimes we paying down the national debt, how healthy forest could be. It does not do did some really unique parliamentary come the interest isn’t going down? It much, but it would allow for some dem- procedures in that we let two versions is because of phony accounting.

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.115 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9823 We have gotten on the corporations been developed, and announced by can count, so plan on the next 10 years for their accounting standards. Now it some, talking about preemptive of having consistent surpluses, and is time for us to get on our own selves strikes—that our country has a right let’s spend it now in the form of tax for our accounting methods. For exam- to preemptively strike a potential ad- cuts—well, those surpluses have now ple, the Social Security trust fund, it versary. That has never been this coun- turned into deficits, and big deficits. neither funds nor trusts, and we should try’s approach to dealing with inter- Big surpluses have turned into big defi- be taking care of it. national affairs. cits. We could pay the debt down to noth- I think about this notion of preemp- On top of all that, we have corporate ing over a 30-year period. I have had tive strikes, and I think about how we scandals that have developed and been charts on the floor to show how that might feel, as a country, if some other unearthed in recent months in this could be done. There are emergencies countries in the world said to us: Oh, country that shake the confidence of that come up. The 30 years, inciden- by the way, we have a new policy. Our the American people in this economy tally, corresponds with the time of a policy is: preemptive strikes on neigh- of ours. I will talk just a bit more house mortgage. We buy houses, and boring countries that we worry might about that in a while. sometimes we pass those on to our de- very well threaten our national secu- But I am not here to say the Presi- scendants. Sometimes that has a re- rity interests. dent is solely to blame for what is maining bill with it, and they keep We need to have a long, thoughtful, going on. I do wish he would provide paying them down. and sober discussion about that kind of more leadership at this moment and That is what we are doing with the policy change. And I expect we will do say, yes, the economy is in trouble, in- country. We could take the national that. stead of having Larry Lindsey trot out debt and pay it off over a 30-year pe- First, however, we will debate a reso- here and say: The fundamentals are riod, where if we did not spend the dif- lution on Iraq here in the Senate begin- sound. Let’s hang in here. Don’t worry ference on the interest payment, when ning this week. Again, as I indicated, about it. This economy is in significant dif- we reduced it, on other things, we that is a very serious business. My ficulty. I think it is time for us to rec- could pay off more of the principal. So hope is that our country will speak ognize that. It is time for us to have an then it would be a relatively small pay- with one voice on these issues, we will economic summit with the President, ment. It is a huge payment, using the work through it, and then speak with invite the best minds in this country to interest we are paying now, which we one voice. And my hope is that voice come together, have the executive are not able to spend on anything else will be a voice that says: It is best al- branch, the President, and the legisla- ways, to the extent we can, especially at a future date. As far as the war is tive branch sit down together and dealing with a problem like this, to concerned, that would be a second evaluate: What do we do about a fiscal confront the country of Iraq with, if mortgage on the house with a much policy that does not add up? shorter term. necessary, coercive and by-force in- It is true, as my friend from Wyo- So there is not any excuse for us not spections in Iraq, to rid that country of ming just said, we do not have a budget to be paying down the national debt in any weapons of mass destruction they this year. Why don’t we have a budget? good times, and taking out second have, and do so with coalition partners, We have a fiscal policy that does not mortgages in bad times. other countries around the world, that add up. There isn’t anybody in this The PRESIDING OFFICER. The Sen- are willing to, and that should, assume Chamber who can make sense of this ator’s time has expired. that burden with us. But that is for an- fiscal policy, and they know it. It does Mr. ENZI. Mr. President, I appreciate other time, and I will speak another not add up. This fiscal policy was a pol- the indulgence of the Chair in letting day on that subject. icy developed a year and a half ago, in me expound on this a little bit. I yield f which we were told: We will have sur- the floor. THE ECONOMY pluses as far as the eye can see, so let’s The PRESIDING OFFICER. Under have a $1.7 trillion tax cut over 10 the previous order, the Senator from Mr. DORGAN. Mr. President, let me years, and then hold our hands over our North Dakota, Mr. DORGAN, is recog- talk, just for a moment, about the eyes and think things will turn out just nized. economy. fine. Well, they have not turned out f I have listened to some of the discus- just fine. sion, and I know there is a tendency to IRAQ I think it is incumbent on us, on be- talk about the economy and to talk half of the interests of the American Mr. DORGAN. Mr. President, it has about, the other side is to blame. It is people, to sit at the same table and de- been interesting, today, to listen to always the other side that is to blame. cide we are all constituents of the same some of the discussion on the floor of It does not matter which side you are interest, and that interest is the long- the Senate about the economy. The on, you are just pointing in the oppo- term economic progress and oppor- reason it has been interesting is there site direction. And I suppose there is tunity here in the United States. is not a great deal of discussion these some blame that can be availed to vir- We need an economy that grows. days about the economy. Most of the tually everyone in Government for our There is no social program we have discussion here in Congress especially, problems with respect to the American worked on in this country—none—that and on the front pages of America’s economy. is as important as a good job that pays newspapers, has been about the subject I worry, however, there is not very well. There is no program we work on of Iraq and national security. much attention being paid to the econ- that is as important to the American That is important. There is no ques- omy. Today’s speeches in the Senate people as a good job that pays well be- tion about that. The issues of service, represent a departure because in most cause that makes virtually everything duty, honor, patriotism, national secu- cases nobody wants to talk about the else possible. If we do not have an econ- rity—all of those issues are deadly seri- economy these days. omy that grows and expands and pro- ous business for our country. When we We have very serious, relentless, dif- vides opportunity, then we have some talk about sending America’s sons and ficult problems in the American econ- significant future trouble. daughters to war, that is deadly serious omy. Just take a look at what is going Let me talk, just a little, about what business, and the Constitution has on in the economy. More people are out it means when our economy isn’t doing something to say about it. The Con- of work. More people are losing their well. I spent time this morning at a stitution provides that the Congress jobs. More people are losing money in hearing. The airline industry came in. shall make that decision. their 401(k) accounts. The stock mar- We had a hearing in the Commerce Let me just say, on these issues—I ket is behaving like a yo-yo. Committee. The airline industry lost $7 am going to speak about the economy, The big budget surpluses that we billion last year—$7 billion. but I have been troubled lately by some were told last year would last forever— We have carriers that have filed for of the things I have read about na- most of us did not believe that, but bankruptcy; more probably will. And tional security, especially about a new that is what we were told: These budg- they say: Look, we have a huge prob- doctrine that is being developed, or has et surpluses will last for as long as you lem. Fewer people are flying. Some

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.118 S02PT1 S9824 CONGRESSIONAL RECORD — SENATE October 2, 2002 worry about safety. Some are con- The board of directors of Enron had a added up to, or we thought added up 18 cerned about the hassle factor at air- professor do a study of what was going months ago, is a fiscal policy that ports. The economy is in trouble, so on inside the company. The board of di- works today. We have been through a fewer people get on airplanes. rectors’ own study said what was hap- recession. Now we are in a weak econ- So you have an industry in trouble. pening inside Enron ‘‘is appalling.’’ omy. Big budget surpluses have now That is just one industry. And that was Here is the SEC saying: We are not become big budget deficits. We were hit just this morning. Nonetheless, it is in- going to worry about these board of di- with terrible terrorist attacks on 9/11. dicative of what is happening in our rectors of Enron. We are not doing an We went through corporate scandals economy. And the result is, when you inquiry into their responsibility. That which undermined confidence in the have a soft economy, and the kind of is a low priority. American economy. trouble we are heading towards, and A former SEC chief accountant says Let’s not pretend that things are that we have already experienced, it this: fine. They are not fine. A week from means things, such as health care—the If you don’t go after this board, you are this Friday, we will do an economic kind of health care that families need telling the public you ain’t ever going after forum in the Russell Building Caucus and expect—is not affordable, not any board. Room. I am hoping we can get a debate available. It means we do not deal with What is the SEC doing? Are they not going. I will invite both sides. We will the education problems we are sup- reading this stuff? Are they just miss- do it through the Democratic Policy posed to be dealing with. ing what is going on in this country? Committee. I want to hear from every Leave No Child Behind—that was a What about the corporate responsi- side. If somebody thinks this fiscal pol- slogan last year, and a piece of legisla- bility bill we passed some while ago? I icy is great, good, come and defend it. tion passed last year. But then the pro- tried to offer an amendment. A couple I happen to think we need some sig- posal comes out of the budget, and it people here blocked it for 3 days so the nificant changes. I will be there to talk leaves all kinds of kids behind because bill passed without it. Let me describe about it. But let’s get some people to- the money does not exist to do it be- it and why there is unfinished business gether to talk about what is happening cause the fiscal policy is out of whack. dealing with the economy with respect and think through what we can do We have talked about the corporate to corporate scandals. about it. scandals that undermine confidence in Of the 25 largest bankruptcies in There is an old saying when every- this economy, and we passed a piece of America, 208 corporate executives took body in the room is thinking the same legislation dealing with it. But it is out $3.3 billion prior to the bank- thing, nobody is thinking very much. just one piece of legislation, and it ruptcies. As the corporations were run That is true here. It is true at the falls short of what is necessary. into the ground, the people at the top White House. If they think this econ- Also, if you are not disgusted about filled their pockets with gold, and the omy is great, they are wrong. They are these corporate scandals, then there is not thinking very much. something fundamentally wrong. investors lost their shirts. We couldn’t Tyco Corporation. The CEO of Tyco do a thing about it because I couldn’t We need a fiscal policy that relates has since been arrested. He has a $6,000 offer the amendment. to these days. When we were attacked gold and burgundy, floral patterned There was unfinished business, and on September 11, the President said we shower curtain, paid for by his com- we should address it here in this Con- will embark on a war on terrorism. I pany—a $6,000 shower curtain. gress. supported that. Then he said we need Did anybody in this Chamber ever see Here is a story about the Treasury $45 billion more for defense this year. I a $6,000 shower curtain? How about a Department, the IRS. It says they are supported that. We need nearly $30 bil- $17,000 toilet kit, a traveling toilet kit, seeking now quick settlements in pend- lion more for homeland security this or a $445 pin cushion; has anybody ever ing tax shelter probes. The IRS is seek- year. I supported that. seen that in their life? ing quick settlements in many of its The question is, Where is the money There are stories about Tyco having tax shelter cases raising questions coming from? Who is going to pay for paid $15,000 in corporate money for an about how effective its crackdown on it, when and how? My point is we had umbrella stand. People ask: How could tax avoidance schemes will be. What better decide, the President and the you spend $15,000 for an umbrella does this mean? It means that Treas- Congress, to pay attention to this stand? The decorator said this was an ury has been concerned—and I have economy and fix the problems that 1840s antique stand in the shape of a 3- been, certainly—about these aggressive exist and do it now. We don’t have a foot high poodle. That is how you tax schemes to avoid paying taxes. choice. spend that kind of money for an um- Instead of going after them, what are Our responsibility is to fix what is brella stand. they going to do? They will do quick wrong. This deals with virtually every- Staying with Tyco one more time: A settlements. They are going to move to thing we have talked about all of this birthday party paid for with corporate settle these cases very quickly. And year: Health care, education, pensions, funds, it cost $1 million. They are fleec- what is that going to do to discourage corporate governance, all of it. ing investors. The guests come into the additional aggressive tax schemes? My colleague said we haven’t even pool area—this is related by the person Nothing, unfortunately. passed a budget. He is right about that. who arranged the birthday party. They We have serious problems. I am talk- It is because none of it adds up. Every- actually transported people to Europe ing about corporate responsibility, but body knows it doesn’t add up. for the birthday party of the wife of I talked about our fiscal policy that John Adams used to write letters to the CEO of the corporation using cor- doesn’t add up. I know we could just Abigail. In the book McCullough wrote porate funds. The band was playing. stand here and point fingers back and about John Adams, he chronicled the There was a big ice sculpture of David, forth. That doesn’t make any sense. We discussions John had with Abigail in lots of shellfish and caviar at his feet; all serve the same interests. those letters. He would ask his wife: a waiter pouring Stoli vodka into the Ogden Nash wrote a poem talking Where is the leadership? Where will the statue’s back so that it came out his about a guy who drank too much and a leadership come from as we try to put private parts into a crystal glass. woman who nagged. this country together? There is only I don’t know. I grew up in a small She scolds because he drinks, she us: Washington, Jefferson, Madison, town. Maybe it is just me that doesn’t thinks. He drinks because she scolds, Mason, Franklin, myself. understand this, or maybe this is nuts. he thinks. And neither will admit what Of course, ‘‘only us’’ in restrospect is Maybe it is just nuts. But there is is true: He is a drunk; she is a shrew. some of the greatest talent ever gath- story after story after story of avarice Well, the fact is, we both have some ered in the history of the earth. They and greed in board rooms, in executive responsibility on this area of the Amer- put a country together. suites. ican economy and what to do about it. But it is fair to ask again now, espe- Here is a story about the Securities I say to the President—not in the way cially given the problems and chal- and Exchange Commission. It says the of pointing fingers—we have to start lenges we face, where is the leadership? SEC now says it is unlikely they will dealing with this. We can’t ignore it. I hope next Friday we can begin a dis- pursue Enron’s board of directors. We can’t pretend a fiscal policy that cussion and a debate that leads to an

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.121 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9825 economic summit in which we try to ous studies over the years indicate that nant woman without considering the put together an economic policy that prenatal care reduces infant mortality consequences to the development of the moves the country forward. Ignoring and maternal mortality and reduces fetus. the problems is not in our best inter- the number of low-birthweight babies. Moreover, if you only are covering est. It is not going to solve the coun- According to the American Medical As- the fetus, as this rule would, this elimi- try’s problems. sociation: nates important aspects of coverage for We face some significant challenges Babies born to women who do not receive women during all the stages of birth; in national security dealing with the prenatal care are 4 times more likely to die that is pregnancy, delivery, and war on terrorism, dealing with Iraq, before their first birthday. postpartum care. and a range of other issues. I respect Current law creates some unintended This is exactly what the administra- that. But that ought not allow us to consequences that this bill tries to cor- tion rule proposes to do. According to take a pass on the economy. It ought rect. Under the Children’s Health In- today’s published rule, pregnant not allow the President to not want to surance Program, women under the age women would not be covered during talk about the economy. We have very of 19—that is, until they complete their their pregnancy for cancer, medical serious problems with the economy, 18th year—are covered for pregnancy- emergencies, broken bones, or mental and it is long past time that we get related services, but once they reach illness. Even lifesaving surgery for a about the business of working together the age of 19, they are no longer cov- mother would appear to be denied cov- to solve them. ered. This legislation will eliminate erage. I yield the floor. that problem by allowing States to Further, during delivery, coverage for epidurals is a State option and is The PRESIDING OFFICER. Under cover pregnant women through CHIP, justified only if the health of the child the previous order, the Senator from regardless of their age. Missouri was to be recognized. This also eliminates the unfortunate is affected. On the other hand, anes- Mr. REID. It is my understanding separation between pregnant women thesia is covered for C-sections. The morning business time has run out; is and infants that has been created as a rule would wrongly push women and providers toward providing C-sections that correct? result of the CHIP program, as it cur- to ensure coverage. The PRESIDING OFFICER. The Sen- rently is administered. Finally, during the postpartum pe- ator is correct. This is, of course, contrary to long- riod, women would be denied all health standing Federal and medical policy f coverage from the moment the child is through programs such as Medicaid EXTENSION OF MORNING born. Important care and treatment and the WIC Program. There is a report BUSINESS that includes, but is not limited to, the by the Council of Economic Advisors Mr. REID. Madam President, I ask treatment for hemorrhage, infection, entitled ‘‘The First Three Years: In- episiotomy repair, C-section repair, unanimous consent that morning busi- vestments That Pay.’’ That report ness be extended until the hour of 5:15 family planning counseling, treatment states: of complications after delivery, and p.m. Poor habits or inefficient health care dur- The PRESIDING OFFICER. The Sen- postpartum depression would not be ing pregnancy can inhibit a child’s growth, covered under the rule proposed by the ator from New Mexico is recognized. development, and well-being. Many of these effects last a lifetime. . . . administration. f I repeat, our country ranks 26th in The Washington Business Group on MOTHERS AND NEWBORNS the world in maternal mortality. We Health has found in its report entitled HEALTH INSURANCE ACT need to do better than this. We can do ‘‘Business, Babies, and the Bottom Mr. BINGAMAN. Madam President, I better than this for our Nation’s moth- Line’’ that more than $6 in neonatal in- ers. However, let there be no mistake, rise with the purpose of making a tensive care costs could be saved for this bill is also about children’s health. unanimous consent request, which I every single dollar spent on prenatal Senator BOND’s bill is appropriately will make at the end of my remarks, care and low-birthweight babies. named the Mothers and Newborns the remarks of my colleague from Mis- Furthermore, the Agency for Health Health Insurance Act for a reason. We souri, and the remarks of my colleague Care Research and Quality report has all know the importance of an infant’s from Arkansas. The unanimous con- found that 4 of the top 10 most expen- first year of life. Senator BOND’s legis- sent request will be to take up and pass sive conditions in the hospital are re- lation, as amended by the Finance S. 1724, the Mothers and Newborns lated to the care of infants with com- Committee, provides 12-month contin- Health Insurance Act of 2001. This bill plications, such as respiratory distress, uous coverage for children after they was reported by the Senate Finance prematurity, heart defects, and lack of are born. Again, the United States Committee. This legislation, intro- oxygen. All of these conditions can be ranks 21st in the world in infant mor- duced by Senator BOND and Senator improved—not totally eliminated but tality, and this provision will help BREAUX, would give States the option improved—through quality prenatal solve that problem. of covering pregnant women in the care. In sharp contrast, the rule that has State Children’s Health Insurance Pro- Some might argue this legislation is been issued today provides an option gram—the CHIP program—for the full unnecessary because the administra- for 12 months continuous enrollment to range of pre and postpartum care. tion is proceeding with a regulation States, but makes the time retroactive This legislation, which as I indicated, that goes into effect today, in fact, to to the period in the womb. Therefore, if was passed by the Finance Committee, allow States to cover some prenatal 9 months of pregnancy are covered, the was passed by unanimous consent. It care through CHIP by allowing the in- child would lose coverage in the third was included in S. 1016, which was the surance of the unborn child. month after birth. Potentially lost Start Healthy, Stay Healthy Act of I want to take a few minutes to talk would be a number of important well- 2001, which I introduced earlier with about the administration’s plan to baby visits, immunizations, and access Senators LUGAR, MCCAIN, CORZINE, LIN- cover the fetus and not to cover women to the pediatric caregiver. COLN, CHAFEE, MILLER, and LANDRIEU. through pregnancy. This legislation, which was intro- It provides continuous health care for Leaving the woman out of this equa- duced by Senator BOND, has a large children throughout the first and the tion is completely contrary to the clin- number of bipartisan cosponsors, in- most fragile year of their life. ical guidelines of the American College cluding Senators Daschle and Lott. It According to the Centers for Disease of Obstetricians and Gynecologists and should be passed into law as soon as Control, the U.S. is 21st in the world in the American Academy of Pediatrics, possible. It did pass the Finance Com- infant mortality. We are 26th in the which say the woman and the unborn mittee unanimously. world in maternal mortality. For a na- child need to be treated together. You Finally, Secretary Thompson is in tion as wealthy as ours, this is an un- cannot perform fetal surgery without very strong support of the passage of S. acceptable circumstance. thinking about the consequences for 724, and he has said so publicly. Also in The sad thing is that we know ex- the mother. You cannot prescribe un- a letter to me that is dated April 12 of actly how to fix this problem. Numer- limited prescription drugs to a preg- this year, he wrote:

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.124 S02PT1 S9826 CONGRESSIONAL RECORD — SENATE October 2, 2002 Prenatal care for women and their babies fore birth, we can help states provide vital that ignores this fact can fully address is a crucial part of medical care. These serv- prenatal health care. I believe our approach the issue of children’s health care. ices can be a vital, lifelong determinant of is entirely appropriate to serve these health This bill will eliminate the illogical health, and we should do everything we can purposes. It has been an option for states in disconnect that currently exists be- to make this care available for all pregnant their Medicaid programs in the past and it women. It is one of the most important in- should be made an option for states in their tween pregnant women and babies in vestments we can make for the long-term SCHIP program now. As I testified recently the S-CHIP program. good health of our Nation. . . .I also support at a hearing held by the Health Sub- This bill, as I believe has already legislation to expand CHIP to cover pregnant committee of the House Energy and Com- been indicated by my colleague, has women. merce Committee, I also support legislation strong bipartisan support in the Senate That is exactly what we have. In ad- to expand SCHIP to cover pregnant women. and the House. It has the endorsement dition, Secretary Thompson was However, because legislation has not moved of the National Governors’ Association and because of the importance of prenatal quoted in the Washington Post on Sep- and 25 other national organizations, in- care, I felt it was important to take this ac- cluding the March of Dimes, the Amer- tember 28 as saying in relation to to- tion. day’s ‘‘unborn child’’ coverage rule: I know we share the same commitment to ican Academy of Pediatrics, American There is no abortion issue as far as I’m achieving the goal of expanding health insur- Public Health Association, National concerned. ance coverage in order to reduce the number Association of Children’s Hospitals, If this is the case, then we should of uninsured. American College of Obstetricians and pass this legislation immediately to A similar letter is being sent to the co- Gynecologists, and the Catholic Health signers of your letter. Please feel free to call Association. One normally speaks of ensure States have the option of cov- me if you have any questions or concerns. ering pregnant women with the full the usual suspects backing a bill. In Sincerely, this case, the usual strong proponents range of care. It is a much simpler and TOMMY G. THOMPSON. are backing the bill. I can think of no better way to go, both for the health of The PRESIDING OFFICER. The Sen- mothers and the health of children. It stronger group to have behind this ator from Missouri. measure. I also note, the Secretary of is also free from the very real problem Mr. BOND. I thank the Chair. in this Congress of abortion politics. Health and Human Services, Secretary Madam President, I thank my col- Thompson, strongly supports passage Once again, this legislation has league from New Mexico. I apologized strong bipartisan support. I will, after of the legislation. to him earlier today. We tried to get The need is great. On any given day, my colleagues speak, ask to propound a him in the lineup so we could move on unanimous consent request. almost 9 million children and 400,000 this important measure, and we did not pregnant women do not have health in- I ask unanimous consent that the get it done. letter from Secretary Thompson be surance coverage. For many of these I rise today in very strong support of women and children, they or their fam- printed in the RECORD. the request he is going to make be- There being no objection, the mate- ilies simply cannot afford insurance. cause I share with him and my other rial was ordered to be printed in the Many others are actually eligible for a colleagues on the floor the fact that S. RECORD, as follows: public program like Medicaid or S- 724, the Mothers and Newborns Health THE SECRETARY OF HEALTH AND CHIP, but they do not know they are HUMAN SERVICES, Insurance Act of 2001, is vitally impor- eligible and are not signed up. Washington, DC, April 12, 2002. tant for the health care of children and Lack of health insurance can lead to Hon. JEFF BINGAMAN, pregnant women in America. numerous health problems, both for U.S. Senate, As one who spent a good deal of time children and for pregnant women. Washington, DC. concerned about the care of children, A pregnant mother without health DEAR SENATOR BINGAMAN: Thank you for particularly health care in the very coverage is much less likely to receive sharing your views on our new proposal to earliest years, I believe this is one of expand health care coverage for low-income the health care services she needs to pregnant women under the State Children’s the most important steps we can take. ensure the child is healthy, happy, and Health Insurance Program (SCHIP). I believe I was one of the original sponsors of S. fully able to learn and grow. All women it is not only appropriate, but indeed, medi- 724. The legislation’s simple goal is to need prenatal care. Young and old, first cally necessary that our approach to child make sure more pregnant women and baby or fifth, all mothers benefit from health care include the prenatal stage. more children are covered by health in- regular care during pregnancy. Prenatal care for women and their babies surance so they get a good start for the Studies have shown that an unin- is a crucial part of medical care. These serv- child and have access to health care sured pregnant woman is much less ices can be a vital, life-long determinant of services they need to make sure they health, and we should do everything we can likely to get critical prenatal care that to make this care available for all pregnant are healthy. reduces the risk of health problems for women. It is one of the most important in- This simply gives the States the op- both the woman and the child. Babies vestments we can make for the long-term tion and flexibility to cover low-in- whose mothers receive no prenatal care good health of our nation. come pregnant women in the States or late prenatal care are at risk for Our regulation would enable states to Children Health Insurance Program, or many of the health problems, including make use of funding already available under S-CHIP, as I call it, for the full range birth defects, premature births, and SCHIP to provide prenatal care for more low- of prenatal, delivery, and postpartum low birth rate, a tragedy that we ought income pregnant women and their babies. The proposed regulation, published in the care. This bill would complement the to devote every effort to eliminate. FEDERAL REGISTER March 5, would clarify administration’s final rule that allows We know prenatal care improves both the definition of ‘‘child’’ under the SCHIP States to expand S-CHIP coverage to birth outcomes and can save money. program. At present, SCHIP allows states to fetuses by covering additional vital According to the National Center for provide health care coverage to targeted health care services for the pregnant Health Statistics, infants born to low-income children under age 19. States mother the rule would not cover. mothers who receive no prenatal care may further limit their coverage to age Under current law, S-CHIP currently or late prenatal care are nearly twice groups within that range. The new regula- permits States to cover eligible babies as likely to be low birth weight, and tion would clarify that states may include low birth weight in pre-term births is coverage for children from conception to age once they are born, but coverage is not 19, enabling SCHIP coverage to include pre- available to women when they are one of the most expensive reasons for a natal and delivery care to ensure the birth of pregnant. This creates the perverse sit- hospital stay in the United States, healthy infants. uation in which a State can provide with hospital charges averaging $50,000, Although Medicaid currently provides cov- health care for a child the day she is an especially serious issue for families erage for prenatal care for some women with born, but cannot provide the critical without health insurance. low incomes, implementing this new regula- prenatal care, both to the child and the A report by the IOM entitled ‘‘Health tion will allow states to offer such coverage mother’s health, during the prior 9- Is A Family Matter’’ notes: to additional women. States would not be re- Infants of uninsured women are more like- quired to go through the section 1115 waiver month period. It just absolutely makes ly to die than are those of insured women. process to expand coverage for prenatal care. no sense. Prenatal care is essential for By explicitly recognizing in our SCHIP both the mother’s health and the In one region of West Virginia, the regulations the health needs of children be- baby’s health. No health care program fetal death rate dropped 35.4 to 7 for

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.126 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9827 1,000 live births after the introduction ance program, their CHIP program. on providing CHIP coverage of unborn of the prenatal care for the uninsured. Most importantly, the bill allows cov- children. The reason is simple. The ad- Let me reemphasize that—35 fetal erage for postpartum care and treat- ministration’s regulation covers the deaths for 1,000 live births. When they ment of any complications that might fetus but not the woman. It is beyond gave insurance and prenatal care, it arise for women due to pregnancy. me that anyone could imagine when a dropped to 7, a reduction of 80 percent. It is absolutely inexcusable the num- child who was being carried by a preg- In addition to ensuring better health bers that Senator BINGAMAN presents nant woman, that in some way these outcomes, research and State experi- to us about infant mortality and ma- two were separable. They are not. ence suggest that covering pregnant ternal mortality of women in this This is completely contrary to the women is a highly successful outreach great country of ours, at a time when clinical standards of care established mechanism for enrolling children. I we are ahead of every other nation in by the American College of Obstetri- thank Senator BINGAMAN from New every other arena and yet we look at cians and Gynecologists and the Amer- Mexico for his leadership in the Fi- those numbers. To me, I am ashamed of ican Academy of Pediatrics. Why on nance Committee on this vital health that. I am ashamed we have not taken Earth would we want a policy that fails care issue. This bill passed the Finance the course of action that could help us to cover the health issues that may Committee in the beginning of August prove to the rest of the world that we arise for a woman during her preg- by unanimous consent, with additional truly do value life in this country, and nancy—issues such as diabetes and hy- language to provide children contin- that we want to do all we possibly can pertension? uous coverage through the first and to ensure the healthy delivery of chil- What happens to that young mother most critical year of life. I commend dren in this country, as well as the who is pregnant and all of a sudden has him for that provision. It makes a health of their mothers. a reaction to diabetes or hypertension, strong bill even stronger. Myself having given birth to twins 6 who is in an automobile accident and The studies have shown time and years ago, I can personally attest to goes to the hospital? again that babies born to mothers re- the importance of prenatal care. Be- This covers the medical care for the ceiving late or no prenatal care are cause I did have good prenatal care, I unborn child but not for the mother more likely to face complications was able to work up until several who is carrying that child? It makes no which result in hospitalization, expen- weeks before I delivered my children. I sense. Mother and baby are undeniably sive medical treatment, and ultimately was blessed with two healthy boys and connected during pregnancy. They increased costs to public programs. We a relatively trouble-free pregnancy and must be treated together. must close the gap in coverage between delivery. Both the boys and I were able Why would we want a policy that pregnant mothers and their children to to come from the hospital within 2 fails to cover post partum care, the 60 improve the health of both and to ad- days to a healthy beginning for our en- days of care following delivery, which dress more fully the issue of children’s tire family. can often involve serious clinical com- health care. Not only is prenatal care essential plications for the mother? This care is It can be said this is a sound matter for quality of life, it is also cost-effec- covered by Medicaid and most private of economics, to reduce the costs, but tive. If we do not want to do it because insurance. Why wouldn’t we cover it none of us would deny that the far we value families and the importance under S–CHIP if we are going to cover greater benefits are the benefits of that children play in our future, we the unborn child? What if the new healthy children. Numbers cannot be should at least want to do it because it mother has a hemorrhage, an infec- put on them. In this instance, this is a is cost-effective. For every dollar we tion? She may need some episiotomy saving: Less money to care for needy spend on prenatal care, we still save repair or have post partum depression. children. But the most important ben- more than $6 in neonatal intensive care The administration’s regulation would efit is less needy children, less harm to costs; not to mention the cost to the not cover such services because, in the children, less serious conditions for woman who is giving birth. their words, they are not services for the children, and better families, bet- It comes as no surprise that preterm an eligible child. But what about the ter citizens in the future. births are one of the most expensive mother carrying that child? This is crucial legislation. I urge all reasons for a hospital stay in the The March of Dimes mission is to im- of my colleagues to join in support so United States. prove the health of babies worldwide; it we can pass this bill. I thank the Sen- If S. 724 was law and all States elect- has expressed serious concern and op- ator from New Mexico for his leader- ed the option, some 41,000 uninsured position to the President’s regulation. ship, and I hope we will be able to get pregnant women could be covered. Ar- This regulation is needlessly con- this bill done before we leave. kansas currently covers pregnant troversial and will therefore prevent I yield the floor. women up to the minimum Federal re- many States from even taking up the Mrs. LINCOLN. Madam President, quirement of 133 percent of poverty. If option. Why further complicate and po- today I proudly rise with my Senate the State chose to implement this op- liticize an issue that is so important to colleagues from New Mexico and Mis- tion, it could raise eligibility levels the health of poor mothers and their souri, Senator BINGAMAN and Senator under S–CHIP to as much as 200 per- babies? BOND, to speak about the importance of cent of poverty and receive an en- Even Secretary Tommy Thompson passing S. 724, the Mothers and hanced Federal payment for doing so. has indicated publicly his support for Newborns Health Insurance Act. We in Arkansas could receive extra S. 724 as a way to expand prenatal care I say to both Senators, I am ex- dollars enhanced payment for doing the to low-income women. On behalf of our tremely proud of the enthusiasm and right thing, both economically and for Nation’s mothers, fathers, and their compassion with which they come to our families and our children. babies, we in the Senate have the seri- this issue, neither one of them having This policy simply makes sense. It ous obligation to pass this legislation experienced pregnancy themselves, but seeks to improve health care for low- as soon as possible. It is unconscion- more importantly I am proud of the income mothers and their babies while able that we have waited this long to fact they have recognized the impor- reducing costs for everyone, particu- pass a bill that would drastically im- tance of this issue for mothers and larly the taxpayer. No wonder it has prove the lives of our most vulnerable children across our great Nation. the support of Senator DASCHLE and citizens. It is beyond me why we would As Senator BOND has mentioned, we Senator LOTT. Let’s not delay any even wait or what opposition there must pass this bill as soon as possible, longer. Let’s pass this legislation might be to this sensible legislation. and certainly before we adjourn this today. I urge my colleagues, as we continue Senate. There is no excuse for us not passing to muddle through all of what we are This bipartisan legislation, which we this legislation today, tomorrow, or trying to accomplish in the final days, passed unanimously in the Finance certainly before we adjourn the Senate. to help us ground ourselves in some of Committee this summer, gives States Some might wonder why this legisla- the issues that can actually make an the option of covering pregnant women tion is needed since the administration enormous difference, not only economi- in the State children’s health insur- has just announced a final regulation cally but, more importantly, that will

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.128 S02PT1 S9828 CONGRESSIONAL RECORD — SENATE October 2, 2002 actually affect the lives of some of our supports passage of S. 724, the bill we issued today related to the fetus, the most vulnerable constituents. are trying to move ahead right now. coverage of unborn children. However, I plead with my colleagues, let us This was March 6, 2002, in his testi- he also supports passage of this bill to pass this bill today or certainly before mony before the House Labor-HHS Ap- provide an option to States to cover we adjourn. propriations Committee. pregnant women under the CHIP Pro- I yield the floor. Mr. NICKLES. It is my under- gram. The PRESIDING OFFICER. The Sen- standing that Secretary Thompson has It is also my information that this ator from New Mexico. promulgated a regulation which I be- does not involve any expansion of Med- Mr. BINGAMAN. Madam President, I lieve he thinks satisfies a lot of the icaid, that this is strictly a change in thank my colleague from Arkansas and unmet health care needs of children, law that provides the option to States also my colleague from Missouri for including unborn children, and he sup- to cover pregnant women under the their eloquent statements in support of ports the regulation that he promul- CHIP Program if they so choose. That moving ahead and passing this legisla- gated and is now effective, and does not is not, as I see it, an additional burden tion. The Senator from Arkansas support the legislation which goes far on any State. speaks with more authority and con- beyond the regulation he has promul- Mr. NICKLES. Will the Senator viction than any male Member of this gated. yield? body can muster in connection with I am very particular on making sure Mr. BINGAMAN. Yes, I am glad to this subject and this legislation. Of we are accurate in our statements. I yield. course, the Senator from Missouri is believe that is accurate. I have asked Mr. NICKLES. Did the Senator say it the prime sponsor of the very bill on my staff to check with HHS. I have a is his belief that this bill does not in- which I am asking that we move ahead. note that says he supports the regula- crease Medicaid coverage for pregnant I ask unanimous consent that the tion but not the legislation. Maybe he women up to 300 percent of poverty? Senate proceed to the immediate con- did make a statement that was sup- Mr. BINGAMAN. That is certainly sideration of Calendar No. 541, which is portive in March, but he may well be- my understanding of the bill. I know of S. 724; that the committee substitute lieve that was accomplished in the reg- no provision in this bill that changes be agreed to, the bill be read the third ulation. I have not talked to him per- the Medicaid coverage that way. time and passed; that the title amend- sonally. I am stating my belief. Mr. NICKLES. We will both do a lit- ment be agreed to, the motions to re- I need to learn more about the bill. It tle more homework and I will be happy consider be laid upon the table, with no has been months since we have looked to talk to my friends and colleagues, intervening action or debate; and that at it. We have been doing a few other both from Arkansas and from New any statements related to the bill be things. I object at this point. At this Mexico, and see where we go from placed in the RECORD at the appro- point I will further my contacts with there. priate place as if read. those in the administration who know Mr. BINGAMAN. Madam President, Mr. NICKLES. Reserving the right to more about the regulation just promul- let me add one other item, since the object, I ask my colleague a couple of gated. I compliment the Secretary on Senator referred to it, about States not questions. I have not looked at this the regulation. I also wish to do a little favoring this. My other information is issue for some time. more homework. I will check with the that the National Governors Associa- There is a committee substitute to S. Secretary of Health and Human Serv- tion has issued a policy or endorsement 724? ices. of this legislation and supports it. Mr. BINGAMAN. Madam President, I will check with the States. I believe I appreciate the willingness of the yes, there is a committee substitute this is an expansion of Medicaid which Senator from Oklahoma to look into that is essentially the bill. It is the bill I know my State is struggling to pay. this further. I will get all the informa- we passed through the Finance Com- As a matter of fact, the State was re- tion we have to him. If he has any mittee by unanimous consent. ducing cases, in some cases in Medicaid other information that we need to see, Mr. NICKLES. Does the Senator re- because they do not have the budget. I am glad to look at it. I hope we can member how much that bill costs? Our State Medicaid director told us, do move ahead as soon as possible with Mr. BINGAMAN. Madam President, not increase any new expansions on this bill. in answer to the question, the bill costs Medicaid because we cannot afford it. I yield the floor. I suggest the ab- right at $600 million over a 5-year pe- Correct me if I am wrong: I think sence of a quorum. riod, and the cost is fully offset in the pregnant women who have incomes less The PRESIDING OFFICER. The legislation. than 150 percent of poverty are now eli- clerk will call the roll. Mr. NICKLES. Could my colleague gible for Medicaid and States have the The bill clerk proceeded to call the tell me how it was offset? option to take that up to 185 percent. roll. Mr. BINGAMAN. In response, the off- Pregnant women with incomes of less Mr. REED. Mr. President, I ask unan- set was the increased scrutiny on the than 185 percent of poverty are eligible imous consent that the order for the Social Security payments which we for Medicaid, and I believe the legisla- quorum call be rescinded. discussed in the Finance Committee as tion takes that up to 300 percent. It The PRESIDING OFFICER (Mr. MIL- an appropriate offset. I think all Mem- makes many more people eligible for LER). Without objection, it is so or- bers agree that would at least raise as Medicaid, which increases the costs to dered. much money as this bill will cost the the States, which some States cannot f Treasury. afford. Mr. NICKLES. I appreciate that. I be- I object at this point and will check IN MEMORY OF HARRY KIZIRIAN lieve I heard one or two Senators say with a couple of other people who may Mr. REED. Mr. President, Rhode Is- Secretary Thompson supports this bill. have reservations, and perhaps those land has lost a valiant son, the Nation It is my understanding that that is not questions can be resolved, and I will has lost a heroic Marine and thousands the case. Secretary Thompson may get back to my friend and colleague of my neighbors have lost a true and support the thrust of it. I understand from New Mexico. faithful friend. he supports the regulation that goes I object. On September 13, 2002, Harry Kizirian into effect today and this bill some- The PRESIDING OFFICER. The ob- died. His name in Rhode Island is syn- what counteracts the regulation that jection is heard. onymous with selfless service, love of he is primarily responsible for promul- Mr. BINGAMAN. Madam President, country, commitment to family and gating. Is that correct? let me say for the information of my unshakeable loyalty to his faith and to Mr. BINGAMAN. Madam President, I colleague, I appreciate his willingness his friends. did not hear the second part of the to look into this matter. My strong im- Harry was born on July 13, 1925 at 134 question. pression—and not just impression, but Chad Brown Street in Providence, RI. On the question as to whether he ac- information I have been given—is Sec- He was the proud son of Armenian im- tually supports passage of this bill, he retary Thompson clearly supports the migrants. His father and mother, Toros issued a press release indicating he regulation which his Department and Horopig Kizirian, came to America

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.130 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9829 to seek a better life for themselves and For 4 years after his discharge, Harry life anyone who has had a bad word to their family. They had endured the was in and out of Veteran’s Hospitals say about Harry Kizirian,’’ And Sen- horror of the Armenian genocide, each for treatment of his wounds. ator Pastore’s words were and are be- losing their spouse and many in their Harry’s return to civilian ranks gave yond reproach. families. In America, they hoped to him a chance to meet the love of his I was honored to be appointed to find the opportunity and the tolerance life, Hazel Serabian. Hazel tells the West Point by Senator Pastore. Both that is so rare in the world. In their story that, the first time she saw Harry and I shared a profound respect son, Harry, they would see the fulfill- Harry, he was staring at her from the for this great man who served with ex- ment of the great promise that Amer- cover of The New York Times Sunday traordinary distinction in the Senate. ica offers to the brave and the noble of Magazine. He was featured as one of Harry’s departure from the Postal heart. the young heroes of the Pacific battles. Service merely redirected his great Harry’s youth in the vibrant Arme- She later met this handsome Marine as passion for public service to numerous nian community of Chad Brown Street he stopped in her hometown en route other civic endeavors, including Big was profoundly changed when, at the to visit the family of a fellow Marine Brothers, the Veterans Home in Bris- age of 15, his father died. Harry became who had died in combat. In my humble tol, RI and the Heart Association. the man of the house. While he contin- opinion, it was love at first sight and When asked once about his extraor- ued his education at Mount Pleasant love for evermore. dinary generosity and public service, High School, he worked lugging beef Their love produced a family of won- Harry said, ‘‘You know, the track is and unloading freight cars at a meat derful sons and daughters: Tom and short; when you can help people, do packing plant on Canal Street. Despite Richard, Joanne, Shakay and Janice. it.’’ his long hours of work, he still threw They continue the proud tradition of I really got to know Harry in 1990 the hammer and put the shot for Harry and Hazel as public-spirited citi- when I campaigned for my first term in Mount Pleasant High School and cap- zens in their own right. And the newest Congress. tained the football team to boot. generation of Kizirians includes eight I knew about the legendary Harry A high school football referee, im- grandchildren who grew under the Kizirian; everyone in Rhode Island pressed with Harry’s dedication and de- watchful eye and enormous love of knew about and admired Harry. I met meanor, suggested that he seek work their grandfather. him several times at meetings of postal at the Providence post office. Harry se- Harry, with a young family to feed, workers. He still stayed close to his co- cured a temporary position sweeping applied himself with his characteristic workers. By this time, Harry’s sight floors as he finished his last two years sincerity and diligence at the post of- was impaired. He would sit at the table of high school. fice. But he brought something else and you would approach him for a Harry Kizirian came of age as Amer- and something special to his job: a joy word. He grasped your hand with au- ica faced the danger and challenge of of working with the men and women of thority and his voice was strong, but World War II. Like so many of his gen- the Postal Service and of helping to his whole demeanor was one of eration, Harry did not hesitate to serve the people of Rhode Island. gentleness and consideration. serve. He joined the United States Ma- Harry became the Postmaster in I will never forget at one of these rine Corps the day after he graduated Providence in 1961 and led the Postal meetings days before the election. As from high school. Service in Rhode Island at a time of postal worker after postal worker ap- After his training, Harry found him- great change. Rhode Island was one of proached him to thank him for count- self in the first assault wave attacking the first postal districts in the country less kindnesses and asked what they Okinawa. He was 19 years old. While to build a central, automated postal fa- could do for him, Harry said, ‘‘if you leading a fire team in the assault, he cility. Harry was the key individual in want to do something for me, vote for charged an enemy position that was opening this facility and making it this kid, Reed.’’ pinning down a Marine platoon. He re- work. I have never received a greater or ceived multiple fragmentation wounds His leadership style was hands-on more meaningful endorsement. His in the arms and shoulders but contin- and personal. He knew the Providence faith in me gave me great faith in my- ued to press the attack. Eventually, he post office’s thousand employees by self. But, after all, that is what Harry was evacuated for treatment. A month their first names. He patrolled the fa- did all of his life. He made us stronger later, he returned to action. cility in his customary attire of suit and better because he was behind us And, he would see fearsome action in and running shoes as he made sure that and shared with us his strength and his the climatic battles to secure Okinawa. the work was done and the workers decency. In June of 1945, Harry’s unit moved were recognized. His co-workers were a In May of 1996, Rhode Islanders had a to attack entrenched Japanese soldiers larger extension of his own family, and chance to honor Harry. On that day, along a ridgeline. Corporal Kizirian ob- he followed their ups and downs with the central Post Office in Providence, served six Marine stretcher bearers the same interest and involvement the ‘‘house that Harry built’’, was dedi- pinned down by enemy fire as they that he lavished on his own family. He cated as the ‘‘Harry Kizirian Post Of- were trying to evacuate a wounded Ma- established a bond of trust and love fice Building.’’ Senator John H. Chafee rine. With utter disregard for his own that still today is unique and enduring. sponsored the legislation in the Senate, safety, Harry placed himself in the line In 1986, the Postal Service announced and I sponsored the legislation in the of fire and single-handedly attacked that Harry would be ‘‘reorganized’’ out House. the enemy emplacement. Although of the job. The announcement led to a We were honored to have General wounded in the leg and groin, he con- flurry of activity by Senator John Chuck Krulak, the Commandant of the tinued the attack by dragging his body Chafee and Senator Claiborne Pell but Marine Corps, as a principal speaker. along by his elbows. He overwhelmed to no avail. The Postal Service did not General Krulak captured the essence of the position and killed the 12 enemy relent. The announcement was greeted Harry Kizirian when he said ‘‘Harry defenders. by his co-workers with weeping. They was motivated by a selfless desire to For his service and sacrifice on Oki- weren’t losing just an admired boss; help his fellow countrymen.’’ General nawa, Harry Kizirian was awarded the they were losing a friend. Krulak added a sentiment that we all Navy Cross, two Purple Hearts, the In October of 1986, two thousand of felt. ‘‘It is impossible not to admire, to Bronze Star with V device for Valor, his friends and co-workers honored him respect and yes, coming from this the Presidential Unit Citation, the at a testimonial. tough Marine, to love Harry Kizirian. Navy Unit Citation and the Rhode Is- One of his dearest friends, Senator You have made a difference.’’ land Cross, the State’s highest award John O. Pastore, paid him a special A few days after I learned of Harry’s for valor. tribute. Forty years before, then Gov- death, I was attending the Fall Harvest Harry was discharged from the Ma- ernor John O. Pastore pinned the Festival in my hometown of Cranston, rine Corps in 1946 and returned to Rhode Island Cross on Harry Kizirian. Rhode Island. I encountered a gen- Rhode Island and to the post office. In earlier remarks, Senator Postore tleman and we began to talk. He quick- But he still bore the scars of battle. said simply, ‘‘I have never met in my ly told me that we had both lost a good

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.031 S02PT1 S9830 CONGRESSIONAL RECORD — SENATE October 2, 2002 friend, Harry Kizirian. The gentleman ment of Justice Authorization Act con- I came back and said, even though it was a postal worker who had spent ference report. I commend him for would be a different President appoint- many years working for Harry. With doing that. ing the judges—in this case, President gestures more than words, he expressed This is a conference report that Bush—I was in favor of adding the the sense of loss tempered by love and passed 400 to 4 last week in the other judges. They should be in there. Among admiration that we all felt; a fitting body. We will be voting on that cloture other things, we included five judge- epitaph, the unadorned and heartfelt motion tomorrow. I just want to take a ships for the southern district of Cali- words and sentiments of one of his few moments to let Members of this fornia. workers, more poignant and profound body know what is in the conference We have also included judges, as I then any sermon or speech. report. said, for Texas, Arizona, New Mexico, When our colleague John Chafee died, It was signed by all conferees—Re- Ohio, North Carolina, Illinois, and I recalled these lines from the Irish publican and Democrat—Senator ORRIN Florida. The statistics show all the poet, William Butler Yeats, fitting HATCH, and Representatives SENSEN- judges are very much needed. words for another Marine who goes to BRENNER, HENRY HYDE, LAMAR SMITH, The senior Senator from California his rest. myself, and others. gave leadership on the James Guelff and Chris McCurley Body Armor Act, The man is gone who guided ye, unweary, I thank Senator KAY BAILEY through the long bitter way. HUTCHISON for coming to the floor yes- the State Criminal Alien Assistance Ye by the waves that close in our sad nation, terday to support this conference re- Program reauthorization, and the anti- Be full of sudden fears, port. She has spoken to me many times drug-abuse provisions in the conference The man is gone for his lonely station . . . about the need for more judgeships report, and that has been extremely Mourn—and then onward, there is no return- along the Texas border with Mexico to helpful. ing handle immigration and criminal I should tell my colleagues, this re- He guides ye from the tomb; cases. Certainly, from what Senator port will strengthen our Justice De- His memory now is a tall pillar, burning partment and the FBI, and increase our Before us in the gloom! HUTCHISON has said about that need, she has made a compelling request, and preparedness against terrorist attacks. Harry’s memory warms our heart and I have included in this conference re- It offers our children a safe place to go lights our way. port three new judges for that part of after school. He was a man who saw hard times, In this conference report, we put to- Texas. Actually, the conference report but refused to allow them to extinguish gether years of work. Parts of about 25 has one more judge than we passed out his generous spirit. He was a man who different bills have been combined in of the Senate. We added another one in saw war in all its horror, but refused to this report. conference. I suspect technically one surrender his soul to its brutality. He I thought President Bush did abso- could say that was not a matter in con- was a strong man, not for the sake of lutely the right thing after the attacks ference, but the Senator from Texas intimidation, but because he knew that of a year ago, on September 11, as he made, I thought, a compelling reason true strength allows a man to be truly moved very aggressively to try to for it. compassionate. He was humble. His clamp off money going to terrorist or- I mention that because one of our ganizations around the world. As we greatest source of pride was the success Federal district judges from Vermont of others, particularly his family. His know, al-Qaida received a lot of money has actually gone down to Texas a cou- from Saudi Arabia and other countries, memory, his example, sustains us and ple times to help out, and every time inspires us. and that money has floated all over. he has gone down, he has called me up The President moved very quickly to I close with the words of a song that and said: They need more judges here I am sure Harry knew. stop that. But then they find other because of the load. ways to move it. We know they still If the Army and the Navy So I thank Senator KAY BAILEY Ever look on Heaven’s scenes have tens of millions—hundreds of mil- HUTCHISON. They will find the streets are guarded by lions of dollars perhaps—in these ter- I also want to thank Senator SES- United States Marines rorist groups. But there is a thing in SIONS for his statement in support of this conference report called the Ma- Harry Kizirian, United States Marine this conference report. I mentioned to Corps, has joined that Heavenly guard drid Protocol. If we agree to this pro- him on the floor this morning—and I tocol, this will greatly strengthen the mount. want to speak again to that—there is a Mr. President, I yield the floor. hand of the President to go after this piece of this legislation Senator SES- money. The White House supports it. The PRESIDING OFFICER. The Sen- SIONS originally opposed. If it were ator from Vermont. All the antiterrorist groups and the here as a freestanding bill, that par- Government support it. That is also in Mr. LEAHY. Mr. President, I ask ticular part—a small part of the bill— unanimous consent to speak as in this bill. I believe Senator SESSIONS would vote I mentioned this because I have been morning business. against it. But he supports the overall asked questions by several Senators ex- The PRESIDING OFFICER. Without bill and is voting for the whole bill. I actly what is included. I want them to objection, it is so ordered. thank him for that. know. I also want to thank Senator Mr. LEAHY. Mr. President, I did not I also thank him for his work and his HATCH for his work in this endeavor. know Senator REED’s friend, but after aid on the provisions in the conference We spent a lot of hours in the con- listening to what he said, I feel as report on the Paul Coverdell Forensic ference. That is why it passed so over- though I did know him. The distin- Sciences Improvement Grants and the whelmingly, with the support of both guished senior Senator from Rhode Is- Centers for Domestic Preparedness in Republican and Democratic leadership land is fortunate to have had such a Alabama and other States. He had a in the other body. I would be happy to friend, but I think his friend was fortu- great deal of input, and I appreciate have it pass unanimously. We could nate to know Senator REED. I know the what he did. We tried throughout all of pass it tonight for that matter. I know distinguished Presiding Officer, the this effort to make this a bipartisan the legislation is a priority. Senator from Georgia, did not mind the bill, and he helped with that. We have not authorized the Depart- reference to the U.S. Marine Corps. I Senator FEINSTEIN spoke on behalf of ment of Justice in more than two dec- saw the smile on his face when that this conference report. She has been a ades. Some might ask: Why should we reference was made. tireless advocate for the needs of Cali- do it now? We have a far different De- f fornia, including the needs of the Fed- partment of Justice than we had before eral judiciary along the southern bor- September 11. We have a number of THE 21ST CENTURY DEPARTMENT der. She has helped to improve that sit- changes that had to be made, supported OF JUSTICE APPROPRIATIONS uation. by Members on both sides of the aisle, AUTHORIZATION ACT I was glad to see we could work both sides of the aisle in the other Mr. LEAHY. Mr. President, yester- through that because we had tried for 7 body, the President of the United day, the majority leader filed cloture or 8 years to add these additional States, the Attorney General, and so on the bipartisan 21st Century Depart- judges, and they had been blocked. But on.

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.033 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9831 What we have done is tried to assure by unanimous consent. Proceeding by and adds additional uses for grants the administration of justice in our Na- unanimous consent would have ensured from the Office of Domestic Prepared- tion. Our Nation has been radically that we not take up the Senate’s time ness to support State and local law en- changed from a year ago. It doesn’t in debate on this bipartisan legislative forcement agencies. These provisions have everything that I would have package. Yesterday, I came to the floor have strong bipartisan support, includ- liked or everything everybody would and sought to allow for two hours of ing that of Senator SESSIONS. have liked. That is because it is a con- debate before a vote on final passage at Another measure in the bill would ference report. It is a consensus docu- 4:30 p.m. We then could have moved on correct a glitch in a new law that helps ment. We did it in a bipartisan way— to other matters. Again, that proposal prosecutors combat the international Democratic chairman from this body would have taken up a limited amount financing of terrorism. I worked close- and a Republican chairman from the of the Senate’s time. Yet, again, that ly with the White House to pass this other; a Republican ranking member limited time agreement proposal was provision in order to bring the United from this body, a Democratic ranking rejected. As a result of the objection to States into compliance with a treaty member of the other body. proceeding more quickly, we are still that bans terrorist financing, but with- We know that it will strengthen our considering this conference report and out this technical, non-controversial Justice Department and the FBI. We the majority leader was forced to file a change, the provision may not be usa- will increase our preparedness against cloture petition to bring it to a vote. ble. This law is vital in stopping the terrorist attacks. We will improve our This legislation is neither com- flow of money to those who seek to intellectual property and antitrust plicated nor controversial. It passed harm our citizens. Worse yet, at a time laws. I hope for the sake of the Justice the House 400 to 4 in short order. It was when the President is going before the Department and the Congress and the signed by every conferee, Republican or U.N. emphasizing that our enemies are American people we can pass it. It is Democrat, including Senator HATCH not complying with international law, remarkable, the number of provisions and Representatives SENSENBRENNER, by blocking this minor fix, we leave in here that will help everything from HYDE, and LAMAR SMITH. Senators SES- ourselves open to a charge that we also an attack of terrorism, closing off SIONS and HUTCHISON came to the floor are not in compliance with an impor- money and so forth, to help with the yesterday to support it. There is no tant anti-terrorism treaty. growing drug problem that strikes not need for extensive debate in the Sen- I agree with other Members who have just in the big cities but our rural ate—we can move on to consider other spoken that we should do more to help areas. matters as soon as the objection is lift- the FBI Director in transforming the I come from largely a rural State. ed so we are able to have an up or down FBI from a crime fighting to a ter- The difference between this and the vote on the conference report. rorism prevention agency and to help other body, every Senator has signifi- This legislation is a priority. Con- the FBI overcome its information tech- cant rural areas. When my son was a gress has not authorized the Depart- nology, management and other prob- student at Emory Law School, I re- ment of Justice in more than two dec- lems to be the best that it can be. The member going to the State of the dis- ades. I know that Senator HATCH and Judiciary Committee reported unani- tinguished Presiding Officer and trav- Representatives SENSENBRENNER and mously the Leahy-Grassley FBI Re- eling around with my son. I come from CONYERS share my view that it is long form Act, S. 1974, over six months ago a rural area. I must say, there are some past time for the Judiciary Commit- to reach those goals, but an anony- pretty rural areas in Georgia. But tees of the House and Senate and the mous hold has stopped that legislation there are in California and Texas and Congress as a whole to restore their from moving forward. This conference New York and every other State. This proper oversight role over the Depart- report contains parts of that bipartisan helps those States, especially in small ment of Justice. Through Republican legislation, but not the whole bill, areas, do something about the scourge and Democratic administrations, we which continues to this day to be of drugs hitting our youngsters, our fu- have allowed the Department of Jus- blocked from Senate consideration and ture generation. tice to escape its accountability to the passage. I wanted to give a short summary. Senate and House of Representatives Since the attacks of September 11 There is a lot more. This was so other and through them to the American and the anthrax attacks last fall, we Members who had been asking me in people. Congress, the people’s rep- have relied on the FBI to detect and both parties what is in it, I wanted resentative, has a strong institutional prevent acts of catastrophic terrorism them to see. It will be voted on tomor- interest in restoring that account- that endanger the lives of the Amer- row. I hope as a result of this vote to- ability. The House has recognized this, ican people and the institutions of our morrow we will then just pass it. The and has done its job. We need to do country. Reform and improvement at White House has indicated the Presi- ours. the FBI was already important, but the dent will be eager to sign it when it ar- I agree with other Members who have terrorist attacks suffered by this coun- rives. spoken that we need to give anti-ter- try last year have imposed even great- This conference report will strength- rorism priority, but not lose sight of er urgency on improving the FBI. The en our Justice Department and the the other important missions of the Bureau is our front line of domestic de- FBI, increase our preparedness against Department of Justice. The conference fense against terrorists. It needs to be terrorist attacks, prevent crime and report takes such a balanced approach. as great as it can. drug abuse, improve our intellectual Some have said that there is nothing Even before those attacks, the Judi- property and antitrust laws, strength- new in this legislation to fight ter- ciary Committee’s oversight hearings en and protect our judiciary, and offer rorism. I think they missed some im- revealed serious problems at the FBI our children a safe place to go after portant provisions in the legislation as that needed strong congressional ac- school. well as my floor statements outlining tion to fix. We heard about a double This conference report is the product what the conference report contains to standard in evaluations and discipline. of years of bipartisan work. The con- help in the anti-terrorism effort. We heard about record and information ference report was unanimous. By my Let me repeat those remarks and management problems and commu- count, the conference report includes highlight what the conference report nications breakdowns between field of- significant portions of at least 25 legis- does on this important problem. The fices and Headquarters that led to the lative initiatives. conference report fortifies our border belated production of documents in the I had hoped that the conference re- security by authorizing over $20 billion Oklahoma City bombing case. Despite port on H.R. 2215 would not take up for the administration and enforce- the fact that we have poured money much of the Senate’s time. There are ment of the laws relating to immigra- into the FBI over the last five years, other matters we do need to address. tion, naturalization, and alien registra- we heard that the FBI’s computer sys- The majority leader tried to pass this tion. It also authorizes funding for Cen- tems were in dire need of moderniza- legislation without taking up any floor ters for Domestic Preparedness in Ala- tion. time last week, but was unable to do so bama, Texas, New Mexico, Louisiana, We heard about how an FBI super- because of an objection to proceeding Nevada, Vermont and Pennsylvania, visor, Robert Hanssen, was able to sell

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.136 S02PT1 S9832 CONGRESSIONAL RECORD — SENATE October 2, 2002 critical secrets to the Russians unde- SCAAP—which was not authorized in Complaints have been raised about tected for years without ever getting a either the House- or Senate-passed the motor vehicle franchise dispute polygraph. We heard that there were no bill—in the conference report. resolution provision in the conference fewer than 15 different areas of secu- I agreed with Senator KYL and Sen- report and that this legislation was not rity at the FBI that needed fixing. ator FEINSTEIN that we should author- considered by the Judiciary Com- The FBI Reform Act tackles these ize SCAAP. I still believe that it is the mittee. That complaint is misplaced. problems with improved account- right thing to do. The Judiciary Committee fully consid- ability, improved security both inside We took the arguments seriously ered this proposal and reported Senator and outside the FBI, and required plan- that we needed more judges in certain HATCH’s Motor Vehicle Franchise Con- ning to ensure the FBI is prepared to parts of the country, particularly in tract Arbitration Fairness Act last Oc- deal with the multitude of challenges border States. We added another new tober 31. It has been stalled from the we are facing. We are all indebted to judge for Arizona on top of the two Senate floor by anonymous holds. The Senator GRASSLEY for his leadership in that were added in 1998 and the third same complaint was incorrectly leveled the area. Working with Republicans that was added in 2000. We added a at the section dealing with FBI danger and Democrats on the Senate Judiciary number of other judges as well, as I pay. Yet, the Judiciary Committee did Committee we unanimously reported have already detailed. consider and approve this proposal as the FBI Reform Act more than 6 Some have criticized the conference part of the original DOJ Authorization months ago only to be stymied in our report’s authorization of funding for bill, S. 1319. The complaint that the bipartisan efforts by an anonymous DEA police training in South and Cen- Federal Judiciary Protection Act was hold. tral Asia, and for the United States- not considered by the Committee is Now, due to Republican objections, Thailand drug prosecutor exchange likewise misplaced. On the contrary, the conference report does not contain program. I believe that both of these this legislation, S. 1099, was passed the some of the important provisions in are worthy programs that deserve the Judiciary Committee and the Senate the FBI Reform Act that Senator Senate’s support. by unanimous consent last year and in the 106th Congress, as well. The provi- GRASSLEY and I, and the other mem- I have listened to President Bush and sions on the U.S. Parole Commission bers of the Judiciary Committee, others in his Administration and in were included in the conference report agreed were needed. Congress argue that terrorist organiza- without Committee consideration but Among the items that are, unfortu- tions in Asia, including al-Qaida, have was included because the Bush Admin- nately, not in the conference report repeatedly used drug proceeds to fund istration included it in its budget re- and are being blocked from passing in their operations. The conferees wanted quest and it makes sense. to do whatever we could to break the the stand-alone FBI Reform bill by an Some have complained about the pro- anonymous hold are the following: link between drug trafficking and ter- vision establishing the FBI police to Title III of the FBI Reform bill that would ror, and we would all greatly appre- provide protection for the FBI build- institute a career security officer program, ciate the Senate’s assistance in that ef- ings and personnel in this time of which senior FBI officials have testified be- fort. heightened concerns about terrorist at- fore our Committee would be very helpful; Beyond the relationship between Title IV of the FBI Reform bill outlining tacks. When this legislation was con- drug trafficking and terrorism, the pro- sidered by the Judiciary Committee as the requirements for a polygraph program duction of drugs in Asia has a tremen- along the lines of what the Webster Commis- part of the FBI Reform Act, S. 1974, sion recommended; dous impact on America. which was reported unanimously on a Title VII of the FBI Reform bill that takes For example, more than a quarter of bipartisan basis, no member on the important steps to fix some of the double the heroin that is plaguing the north- Committee raised any objection at the standard problems and support the FBI’s Of- eastern United States, including my time. Similarly, the complaint about fice of Professional Responsibility, which State of Vermont, comes from South- the lack of Committee consideration of FBI Ethics and OPR agents say is very im- east Asia. Many of the governments in portant; and the report on information technology that region want to work with the to keep the Congress better informed Title VIII to push along implementation of United States to reduce the production secure communications networks to help fa- about how the FBI is updating its obso- cilitate FISA processing between Main Jus- of drugs, and these programs will help. lete computer systems, is misplaced. tice and the FBI. These hard-working agents It is beyond me why any Senator would This legislation was considered by the and prosecutors have to hand-carry top se- oppose them. Judiciary Committee as part of the cret FISA documents between their offices Some have complained that the con- FBI Reform Act, S. 1974, and no objec- because they still lack send secure e-mail ference report demands too many re- tion was raised. systems. ports from the Department of Justice, This conference report is a com- This needs to be fixed and the FBI and that these reporting requirements prehensive attempt to ensure the ad- Reform bill would help. would interfere with the Department’s ministration of justice in our nation. It These should not be controversial ongoing counterterrorism efforts. It is is not everything I would like or that provisions and are designed to help the true that our legislation requires a any individual Member of Congress FBI. Yet, passage is being blocked of number of reports, as part of our over- might have authored. It is a conference both a stand-alone FBI Reform bill and sight obligations over the Department report, a consensus document, a prod- those provisions we were able to in- of Justice. I assure the Senate, how- uct of the give and take with the House clude in this conference report. ever, that if the Department of Justice that is our legislative process. It will Some in this body have complained comes to the House and Senate Judici- strengthen our Justice Department and that we included provisions in this con- ary Committees and makes a con- the FBI, increase our preparedness ference report that were not contained vincing case that any reporting re- against terrorist attacks, prevent in either the Senate or House-passed quirement in this legislation will crime and drug abuse, improve our in- bills. Now, each of the proposals we hinder our national security, we will tellectual property and antitrust laws, have included are directly related to work out a reasonable accommodation. strengthen and protect our judiciary, improving the administration of jus- I think, however, that such a turn of and offer our children a safe place to go tice in the United States. events is exceedingly unlikely, as no after school. I hope that it will merit We were asked to include many of one at the Department has mentioned the support of every Member of the them by Republican members of the any such concerns. U.S. Senate. At the very least, it de- House and Senate. I would like to Some Members have complained that serves an up-or-down vote. I was point, in particular, to our reauthoriza- the conference report includes pieces of pleased to see some Republicans come tion of the State Criminal Alien Assist- legislation that had not received com- to the floor yesterday to support this ance Program, which President Bush mittee consideration. The Law En- conference report, and I urge those who has sought to eliminate. On March 4 of forcement Tribute Act has been men- are blocking its consideration to relent this year, Senator KYL and Senator tioned as falling in this category. In re- and let the Senate vote up or down FEINSTEIN sent me a letter asking me ality, the Committee reported that bill without further delay or tactics of ob- to include an authorization for favorably on May 16. struction. I hope that the critics will

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.140 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9833 reconsider their opposition and their the Department of Justice Reauthor- cepts the terms offered by the manu- filibuster of this conference report and ization bill. I congratulate the chair- facturer, or the dealer loses the dealer- permit the Senate to vote up or down man and the ranking member of the ship, plain and simple. Dealers, there- on this bipartisan bill. For the sake of Judiciary Committee for their work in fore, have been forced to rely on the the Justice Department, the U.S. Con- completing this bill and guiding it States to pass laws designed to balance gress, and the American people, we through a long and difficult conference. the manufacturers’ far greater bar- should pass this legislation today. I wanted to take a moment to set the gaining power and to safeguard the Mr. BROWNBACK. Mr. President, record straight on the issue of the in- rights of dealers. with the passage of the Judiciary reau- clusion in the conference report to H.R. The first State automobile statute thorization bill, this body will pass a 2215 of the Motor Vehicle Contract Ar- was enacted in my home State of Wis- provision to extend our program to bitration Fairness Act. The junior Sen- consin in 1937 to protect citizens from allow states to recommend J–1 visa ator from Arizona complained yester- injury caused when a manufacturer or waiver for physicians willing to prac- day on the floor that this bill had been distributor induced a Wisconsin citizen tice in medically underserved areas. added to the conference report, depriv- to invest considerable sums of money It is one of the great privileges of my ing him of the opportunity to hear a in dealership facilities, and then can- life to represent one of the most rural debate and perhaps offer amendments celed the dealership without cause. States in the Nation. For many around to the bill. He implied that this was Since then, all States except Alaska the world, Kansas represents rural life some kind of secret and nefarious deal have enacted substantive law to bal- in America. The image is quaint; and, to try to bypass floor discussion of leg- ance the enormous bargaining power somehow insulated from the world by a islation that has not had adequate con- enjoyed by manufacturers over dealers field of wheat that arcs off into the ho- sideration by this body. Nothing could and to safeguard small business dealers rizon. However, as my colleagues from be further from the truth. from unfair automobile and truck man- the heartland know, that image does S. 1140, on which the provisions in ufacturer practices. not represent modern rural life. the conference report are based, was in- A little known fact is that under the In the Beloit co-op, Kansans gather troduced by the ranking member of the Federal Arbitration Act, FAA, arbitra- as often to talk about global commod- Judiciary Committee, Senator HATCH, tors are not required to apply the par- ities futures as they do the weather. and now has 64 cosponsors. Almost ex- ticular Federal or State law that would Our farmers are as likely to be review- actly half of those cosponsors are Re- be applied by a court. That enables the ing GPS Satellite readings as they are publicans and half are Democrats. A stronger party, in this case the auto or next years model line of John Deeres. companion House measure has 225 co- truck manufacturer, to use arbitration And, when they go to the doctor, rural sponsors. The bill passed the House by to circumvent laws specifically enacted Kansans are very likely in the waiting voice vote in the last Congress. The in- to regulate the dealer/manufacturer re- room of an Indian or Canadian citizen. clusion of these provisions in the con- lationship. Not only is the circumven- Just as Kansas relies on the world as ference report was supported by all of tion of these laws inequitable, it also a market, we rely on the world as a the Senate conferees, including the eliminates the deterrent to prohibited source for our health professionals. ranking member of the Judiciary Com- acts that State law provides. Since 1993, ninety-eight (98) waivers mittee. The House conferees, led by the A majority of States have created have been granted allowing foreign chairman of the House Judiciary Com- their own alternative dispute resolu- born physicians to remain in the coun- mittee, also supported including these tion mechanisms and forums with ac- try to practice medicine in the state of provision in the conference report. cess to auto industry expertise that Kansas. Over fifty (50) physicians cur- Now why was this necessary? Well, provide inexpensive, efficient, and non- rently practicing in Kansas are in the let me point out that this bill was re- judicial resolution of disputes. For ex- state as a result of a J–1 visa waiver. ported by the Judiciary Committee al- ample, in Wisconsin, mandatory medi- Twenty (20) counties in the state of most a year ago. The majority leader ation is required before the start of an Kansas are considered fully served as a asked for consent to proceed to the bill administrative hearing or court action. result of foreign born physicians who and have a limited debate with the op- Arbitration is also an option if both received J–1 visa waivers. Section 11018 portunity for amendments no less than parties agree. These State dispute reso- of the Judiciary reauthorization bill three times, on May 17, June 27, and lution forums, with years of experience before us represents a literal life-line September 25. Each time, a Senator on and precedent, are greatly responsible for rural America. the Republican side objected and the for the small number of manufacture- The Senate passage of the bill also Senate was prevented from having the dealer lawsuits. When mandatory bind- represents the hard work of several separate debate and vote that the Sen- ing arbitration is included in dealer very dedicated legislators, including ator from Arizona says he wanted. So if agreements, these specific State laws my fellow Kansan, Representative the Senator from Arizona has a beef and forums established to resolve auto JERRY MORAN and our colleague from here, it is not with the majority leader dealer and manufacturer disputes are South Dakota Senator KENT CONRAD. It or the conferees, but with the member effectively rendered null and void with was their persistence and the hard of his own party who exercised his respect to dealer agreements. work of several groups including: The right as a Senator to block the bill A strong bipartisan majority of this American Hospital Association; the from consideration on the floor of the body, and of the House, has come to- American Academy of Family Physi- Senate. gether to say ‘‘no’’ to these unfair con- cians; the Farm Bureau; the American That Senator was exercising his right tract provisions. So I commend the College of Physician; the National As- to object to a unanimous consent re- chairman and ranking member of the sociation of Community Health Cen- quest, but with time running out in Judiciary Committee for their work to ters; the National Rural Health Care this Congress, the rest of the Senate include this important legislation in Association; the American Immigra- has rights too. And including this bill the DOJ authorization bill conference tion Lawyers Association and others, in the conference report, with bipar- report. As I said before, we could have that kept this issue moving throughout tisan support in the conference and in had a debate and voted on amendments this Congress. the Senate, was a reasonable step to to this bill if consent had been granted. Of course, there are many important take so that the will of a super- That was our preferred course as well. provisions in this bill. However, for majority of the body would not be But one Senator did not want to have Kansans in the vast rural areas of the thwarted. that debate, and so it was necessary, in State, ensuring access to a doctor is These provisions are very important the interests of justice, to proceed in one of the most significant. I thank the to address a real unfairness that is this manner. Chairman and Ranking member for being perpetrated on the auto dealers I suggest the absence of a quorum. fighting to ensure that this provision of this country. Franchise agreements The PRESIDING OFFICER. The made it into the conference report. for auto and truck dealerships are typi- clerk will call the roll. Mr. FEINGOLD. Mr. President, I sup- cally not negotiable between the manu- The legislative clerk proceeded to port the conference report to H.R. 2215, facturer and the dealer. The dealer ac- call the roll.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.142 S02PT1 S9834 CONGRESSIONAL RECORD — SENATE October 2, 2002 Mr. REID. Mr. President, I ask unan- We produce about 80 percent of all of River. We have levied it. We levied it imous consent that the order for the the offshore oil and gas in the Nation not just for the people in Louisiana so quorum call be rescinded. off the coast of Louisiana. Right now, we would not flood, but so the ships The PRESIDING OFFICER. Without as I speak, the Gulf of Mexico has been can take grain from Kansas and Iowa. objection, it is so ordered. evacuated. I have been on the phone This commerce then comes down the f with officers of chemical companies, Mississippi and can go to any number and oil and gas companies, and they of countries. Louisiana is an importing EXTENSION OF MORNING are shutting down refineries and plat- BUSINESS and exporting station for so many of forms in the Gulf of Mexico. Why? Be- the goods coming into and out of this Mr. REID. Mr. President, it is my un- cause you cannot keep them running country. This benefits everyone. We derstanding the time for morning busi- when you have storms such as this, or are telling you and begging this Senate ness has expired. you could gravely endanger the lives of and this Congress to recognize benefits The PRESIDING OFFICER. The Sen- those working out in the Gulf. I wish I Louisiana provides to the Nation. Lou- ator is correct. could paint a more vivid picture, but isiana is proud of that, but we need Mr. REID. I ask unanimous consent over 20,000 miles of pipeline, many re- the Senate now proceed to a period of extra Federal help to secure this fineries, and thousands of platforms marshland, to help rebuild it, and pro- morning business with Senators al- out in the gulf, all of which are critical lowed to speak therein for up to 10 tect us. If Louisiana does not receive to America’s energy supply, will be di- help the wetlands will disappear, and minutes each until 6:30 this evening. rectly threatened by Hurricane Lili. The PRESIDING OFFICER. Without the people of Louisiana will be sitting We take a lot of taxes out of the gulf ducks for future floods and storms. objection, it is so ordered. region. There are a lot of taxes that The Senator from Louisiana. I am sure Senator BREAUX and I will the oil and gas industry pays, and that be back on the Senate floor on Monday f money leaves south Louisiana and and Tuesday trying to explain to ev- HURRICANE ISADORE, WETLANDS, Texas and goes right up to the Federal erybody the horrible damage that has AND IRAQ RESOLUTION Treasury. Then it funds various occurred because of Hurricane Lili and projects all over the country. the importance of trying to be smart Ms. LANDRIEU. Mr. President, I rise You would think some of that money to speak on three important matters. might come back to Louisiana to in- and invest some of these monies on the Let me begin with the most important vest in Louisiana to elevate and im- front end in Louisiana. This is not only matter to the people of Louisiana at prove our highways and provide better fair and the right thing to do, but for this moment, which is the pending hur- security to this infrastructure. After the taxpayers, we would just as soon ricane. Hurricane Lili is in the Gulf of all, its through these highways and pay a little now or we are going to pay Mexico, and she is headed Louisiana’s this infrastructure that energy is car- a lot in claims when these homes and way. Unfortunately, this will be the ried and produced to support not just businesses are destroyed in the Gulf second major storm in less than a week Louisiana, Mississippi, and Texas, but South. we have had to protect ourselves to turn the lights on in the entire There is nothing we can do about against and prepare for the con- country. Even when the winds are keeping hurricanes from coming sequences of the aftermath. blowing down south, we keep the lights ashore. We cannot prevent them. Peo- Let me begin by thanking the Presi- on up north. At the energy con- ple say: Senator, can’t you do some- dent and FEMA, and particularly all of ference—my able partner, Senator thing? I say: If I could pass a resolu- the FEMA officials who are now down BREAUX, is going to be carrying this tion, I would. But, of course, there is in Louisiana helping us prepare again. message as a member of the energy nothing we can do about that. But we FEMA Director Joe Albaugh was with conference. Of course, Congressman can be more prepared than we are. us in Louisiana last week, as we dodged TAUZIN from Louisiana is chairing the While we are making progress, we a bullet with Isadore—a storm that was conference. We are going to carry this have a long way to go. So whether it is huge in its mass but short in its inten- message directly into the energy con- at the energy conference, where I hope sity. As a result, while there was some ference to see if there is something we we will have a positive outcome, or in sporadic flooding and some very dam- can get the Congress to do in a bipar- the new transportation bill where we aging flooding to approximately 1,000, tisan way that says, yes, Louisiana, can talk about the highways and evac- homes and businesses, including some Mississippi, and Texas—the oil and gas- uation routes in south Louisiana and that were ruined completely, it wasn’t producing States—should share in the Gulf South need our attention. Not the widespread damage we have be- some of these revenues so we can in- only do they serve as economic high- come familiar with in the Gulf South vest on the front end in terms of what ways that are really necessary for com- from hurricanes. the Gulf South needs to secure these merce to flourish, but, as you know, Hurricane Lili is packing winds of 140 energy resources. Congress must be fair when the hurricanes come, it is the miles per hour; barreling toward our to people in Louisiana, who are happy only way for people to flee the storm. coast and is likely to hit somewhere to serve as hosts to this offshore oil We don’t have trains, as people do in between New Orleans and Galveston. It and gas industry. We are proud of the the Northeast, to get out of harm’s could hit Lafayette or Lake Charles, way we are doing it in a much more en- way. All we have in Louisiana are high- somewhere on the coast of Louisiana. vironmentally sensitive way. But we ways dangerously crowded with auto- The reason I rise to speak about this need help to ensure we receive a fair mobiles and pickup trucks. We need to storm is not because there is a whole share of the royalties that come from make sure people can get north to lot we can do in Washington, today. We our rich natural resources. higher ground. Hundreds of thousands will be down there this weekend. We The country does not also realize the of people in my state are jamming the will get to assess the damage. We can’t great loss of wetlands and the erosion highways to escape Lili and head for do anything today. But there is a great Louisiana has experienced. Think higher ground in north Louisiana, Ar- deal we can do from Washington in the about this. There is a hurricane coming kansas, Mississippi, and Texas. Hotel future to help the Gulf Coast the coasts off the Gulf of Mexico. The only thing rooms are scarce, and people will have of Louisiana, Mississippi, Texas, Ala- between it and the cities or towns is trouble finding safe-haven from Lili. bama, Georgia and Florida. the marsh. The bigger that marsh is, So we will be back talking about it. From Washington, we can begin to the greater the buffer is from the There are opportunities in the trans- focus on the kind of investments we storm. It will break the wind, break portation bill, and when we debate the should be making along the Gulf Coast the tides. As that marsh erodes away, Corps of Engineers bill, to try to make that help protect us against the con- there is nothing to break the wind or right this situation. The Senate will sequences of such storms—particularly the tide, so the destruction becomes then debate whether to help Louisiana as it comes to protecting the energy in- greater and greater, year after year in a direct way—not just Louisiana, frastructure in this Nation, which is so after year. but the whole gulf coast region. vital and crucial to the economic sta- The reason the marsh is subsiding is The final point I want to share is a bility and well-being of the Nation. that we have tamed the Mississippi figure I came across a couple years ago

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.137 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9835 that was startling to me. I think I sein possesses biological and chemical give the President the authorization to spend a lot of my time worrying and weapons, and he has designs to increase use force to do what needs to be done, thinking about coastal communities his stockpile. To our knowledge, he which is to dismantle this dictator’s because I represent a large number of does not have nuclear capabilities. ability to wreak havoc on the civilized people on the coast. Two-thirds of the However, evidence most certainly sug- world. American people live within 50 miles of gests Saddam Hussein is actively try- The timing of the attack, of course, the coast. So our country is really a ing to develop nuclear weapons. Weap- and all the military strategies should ring. So the coastal communities and ons he could use against the United be carried out with great care and the their special needs and their special re- States and our allies. I think a resolu- consultation of our best military quirements deserve some more atten- tion such as this is important for us to minds. It could be this year, it could be tion from Congress. express our unity, as an elected insti- next month, it could be a year from I have to say that NOAA and the De- tution, that we are prepared to use now—whenever our military believes it partment of Commerce are really doing force, if necessary, to dismantle weap- is the time and everything is in place. some very good work. I think we need ons of mass destruction, to disarm this We must be mindful not to second- a little bit more attention to our coast- regime, to change this regime and try guess or try to use any political influ- al communities in this country than to establish for the benefit of the ence to sway the military in terms of we are giving. There are ways we can United States, our allies, the people of their strategy to accomplish this end. do that. Iraq, and the world, a more worthy re- What Congress can do is authorize the Let me turn my attention to another gime for Iraq. Commander in Chief to use force, if issue on a completely different subject. What I support specifically about the necessary, with this specific resolution But, this a grave threat facing our Na- resolution, and helped in some ways to which I think is a very good document tion, and that is our potential conflict craft with words, comments, and sug- for how we should approach this pos- with Iraq. gestions, is that this bipartisan resolu- sible war. I support Joint Resolution No. 46, tion has stressed at least three impor- Furthermore, this resolution places a which was introduced this morning. I tant principles. The resolution re- necessary vital requirement on the am proud to be a cosponsor with Sen- quires—and I think this is very impor- President to report to Congress on a ators LIEBERMAN, WARNER, MCCAIN, tant—all diplomatic means be ex- periodic basis on the progress of the and BAYH and to add my name to that hausted. This is critically important war. Because we, under the Constitu- resolution. I do so with the greatest of and necessary because we never want tion, of course, have a responsibility to seriousness. I do so because I am con- to rush to war. We do not want to be determine if this effort should receive vinced that this is the right course. trigger happy. We want to use all diplo- funding. War comes with so many great I commend the President and the matic means to meet our ends. costs, and we must regularly re-evalu- Members of Congress who have worked For 10 years, we have tried many ate the need to pay those costs of war. in a bipartisan way to fashion a resolu- things with Iraq—economic sanctions, I yield the floor and suggest the ab- tion that does the job, that gives us back channel diplomacy, meetings and sence of a quorum. what we need, which is a tool, a weap- conventions, and other diplomatic The PRESIDING OFFICER. The on, in some ways, that will try to force means to compel Saddam Hussein to clerk will call the roll. a regime that has been recalcitrant and comply with international law. Noth- The senior assistant bill clerk pro- reluctant to abide by international law ing yet has worked. But let’s hope that ceeded to call the roll. and dismantle its weapons of mass de- something will work, and let’s exhaust Mr. NICKLES. Mr. President, I ask struction. In the international commu- those means. Once we reach that point, unanimous consent that the order for nity, Iraq is a regime that is quite dan- this resolution authorizes the Presi- the quorum call be rescinded. gerous to the people it purports to dent to use all necessary force to en- The PRESIDING OFFICER (Mr. DAY- serve—and of course it does not serve— force what we know is right. TON). Without objection, it is so or- the people of Iraq. It is dangerous also I am pleased we have the diplomatic dered. to the people of the United States and requirement in the resolution. But we f to Iraq’s neighbors in the Middle East. know all too well that Saddam only re- THE SENATE’S UNFINISHED I have the great privilege to serve on spects force. With the threat of force, BUSINESS the Armed Services Committee and to diplomacy may yet win out. chair the Emerging Threats Sub- The second principle outlined in this Mr. NICKLES. Mr. President, today committee. I want to stress that it is resolution, which I greatly support, is is October 2, the second day of the new the Emerging Threats and Capabilities, that it is limited in scope to Iraq. The fiscal year, and this Congress has not because I don’t want to mention only original language I thought, and many passed any appropriations bills. We threats. We have so many great capa- of us expressed, was somewhat vague have passed a continuing resolution bilities in this Nation that we do not and called for language to establish that takes us to next Friday, and I have to cower in fear. We have the stability in the region. Such language guess we will pass another one that strongest military, the greatest brain created a lot of unanswered questions. takes us into the following Friday, Oc- power, and great technology. Most im- This resolution is more clear in its lan- tober 11. This may be one of the poor- portantly, we are founded on freedom guage that the scope is limited to Iraq est records we have ever had. and liberty. and greatly strengthens this resolu- We do only a few things in the Sen- We have tremendous capabilities. tion. ate. We pass bills, changing some laws. But, we are in a great and historic This resolution thoroughly makes We may occasionally do something process in this Nation of restructuring clear that our goal is not a war against very important such as a war author- our Armed Forces, both in the tradi- the people of Iraq, but a war against a ization or resolution dealing with Iraq. tional sense that we know of our Navy, leader who has discredited himself, Every once in a while we might create Army, Marines, and Air Force, and in a thumbing his nose at 16 resolutions, a new Cabinet-level department. We totally nontraditional way, which is and not playing by the rules of a civ- have the Department of Homeland De- standing up homeland defense to fight ilized government. Should we go to fense that has been before this body for these new threats. The new threats are war, this war will be waged to disarm the last 4 or 5 weeks, but we have not people just like Saddam Hussein— Saddam Hussein, to dismantle his been able to draw it to a conclusion. rogue leaders with no decency, who weapons, and to use force to change his Then we spend money and occasion- play by no normal rules, who govern by regime. ally we change the tax laws. We spend fear, and at the slightest provocation, This is not without risk. I am mind- a lot of money. That is something we for reasons we might not understand, ful of the risks, and I am mindful of the do every year, but we have not gotten could either themselves use weapons of price that may need to be paid in terms it done this year. We have not passed mass destruction, or allow to be used of treasure and lives. I am also con- our appropriations bills. As a matter of by terrorists or nonstate actors. It is fident that it is the right resolution at fact, this year for the first time since clear for all to see that Saddam Hus- the right time in the right spirit to 1974 we have not passed a budget.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.171 S02PT1 S9836 CONGRESSIONAL RECORD — SENATE October 2, 2002 The House has passed a budget. We I have requested that John Roberts Court of the State of Ohio since 1994. did not pass a budget. Because we did have a hearing and be voted on in the She sat on the Ohio District Court of not pass a budget, we have had dif- Judiciary Committee, and I have not Appeals from 1991 to 1995 and chaired ferences with the House. The House has been successful. I think it is hardly fair the Commission on Public Legal Edu- passed a few more appropriations bills to him, an outstanding attorney, more cation. She is a member of the Ohio than we have. We have only passed than well qualified, to not have even Commission on Dispute Resolution. three. Three out of 13 is not a very had as yet a hearing before the Judici- Again, I remind Members, the sixth cir- good record, and none have passed con- ary Committee. cuit is almost half vacant: Seven out of ference. I hope, and I would expect, Miguel Estrada just had a hearing be- the 16 spots are vacant. I urge the com- that we would be successful in passing fore the committee. I thank the chair- mittee to move forward. Deborah Cook the Department of Defense appropria- man of the Judiciary Committee for fi- was nominated May 9, 2001, and has yet tions bill next week. We certainly nally having a hearing on Miguel to have a hearing. should. I think it would be grossly irre- Estrada. This is a young man who has Terrence Boyle was nominated for sponsible of us to leave without passing argued 15 cases before the Supreme the fourth circuit. He presently is a the Department of Defense appropria- Court. He was unanimously rated well chief judge on the U.S. District Court tions bill, but we actually should have qualified by the ABA. He immigrated in the Eastern District of North Caro- done a lot more. I believe the reason we from Honduras as a teenager, could lina. He has held that position since did not is because we did not pass a hardly speak English, and he graduated 1997. He was rated unanimously well- budget, so we did not get that done. at the top of his class from Harvard qualified by ABA. He went to American Something else we did not get done is Law School. He was a law clerk to Jus- University, Washington College of Law; we did not confirm enough judges. We tice Kennedy. He is a former Solicitor was minority counsel, House Banking now have the Department of Justice re- General and assistant U.S. attorney. subcommittee; also legislative assist- authorization bill. It is the first time He had a hearing. As of yet—maybe ant to Senator HELMS; and a partner in we have reauthorized the Department this will change and I hope it will a North Carolina law firm, and a prior of Justice in 20 years. I have been in change—he has not had a vote in the district court judge. He has been a sit- the Senate for 22 years, so I guess we Judiciary Committee. Some people ting judge on the U.S. District Court in did it back in 1982 or 1983. So maybe it said they want more information from North Carolina since 1997, and was is long overdue. Mr. Estrada. Frankly, they are just nominated on May 9, 2001. He has yet When I look at the conference re- running out the clock because they do to have a hearing before the Judiciary port—and it is a fairly extensive con- not want to vote on him. Miguel Committee. ference report—it creates 20 new judge Estrada is more than qualified. He I mention these, and urge the com- positions through permanent and tem- should be confirmed. Even a ‘‘conserv- mittee—it is not too late to move for- porary judgeships. Now, that is well ative newspaper’’ such as the Wash- ward with some of the well-qualified and good, but we have a lot of judges ington Post says he should be con- people. Hearings have been held on who have been nominated for existing firmed, and we have yet to get a vote Miguel Estrada and Michael McCon- positions who have yet to be con- on him in committee. I hope we will. nell. They can be voted on next week. firmed—in many cases yet to be consid- Michael McConnell was nominated I urge them to do so. I plead with them ered. I notice we are going to set up for the Tenth Circuit. He is a professor to do so. several permanent and several tem- of law at the University of Utah, I like to cooperate with my col- porary positions in this bill. unanimously rated well qualified by leagues, and I look at the conference I do not doubt that in many cases the ABA. He is one of the country’s report on reauthorizing the Depart- along the border, particularly in south- leading constitutional law experts. He ment of Justice. There are a lot of ern California, Texas, Arizona, and oth- has argued 11 cases before the United things in this bill a lot of Members ers, there is a demand for new judges States Supreme Court. He graduated would favor, and some things perhaps with the caseloads they have. So I am the top of his class from the Chicago some have reservations about. The ma- not disputing the fact that either per- Law School. He was a law clerk for jority of this bill never passed by ei- manent or temporary judges who are Justice Brennan. Prior to that, he was ther the House or the Senate. Now I called for in this bill are needed, but I Assistant Solicitor General. Again, he mention that to let my colleagues find it ironic when I look at the cur- is eminently well qualified. know there are rules against doing rent status of judges. There are 47 The committee held a hearing on Mr. that in the Senate, rules to protect judges who are now pending, many of MCCONNELL on September 18. I ask the Members. You do not have the House whom have been nominated for over a committee to please put him on the pass a bill, the Senate pass a bill, and year, and we are in the process of cre- calendar and on the agenda for the have totally extraneous measures put ating an additional 20 new judgeships. next business meeting, which is next in a bill in conference and say: Take it Some of these people I mentioned Tuesday. I urge the committee to do or leave it. It is called rule XXVIII. have been nominated for over a year, so, and I hope vote affirmatively for I mention to my colleagues, this is a many of whom were nominated on May Michael McConnell to be on the Tenth rule to protect Members of both parties 9, and they have yet to have a hearing. Circuit Court. in both bodies, to make sure we follow Several of these nominations are out- Jeffrey Sutton was nominated for the the proper legislative process. Usually standing individuals, and I will men- sixth circuit, which is half vacant in Politics 101, we learn you pass a bill, tion a couple. John Roberts has been today. It needs judges to fill the vacan- the bill passes the House or passes the nominated for the DC Circuit. He has cies. He is rated well-qualified by ABA Senate, you go to conference and work argued 37 cases before the United and qualified by ABA majority. He out the differences, but the bill has to States Supreme Court. He was nomi- graduated first in his class at Ohio Uni- pass one of the Houses to go to con- nated 510 days ago, on May 9. He has versity College of Law. He law-clerked ference. The majority of this bill did yet to have a hearing. for Justices Powell and Scalia and ar- not pass either House; the majority of If this is an individual who has ar- gued nine cases and 50 merits amicus the bill—whole sections of the bill. I gued 37 cases before the Supreme briefs before the Supreme Court. Prior am not saying I have objections to Court, somebody thinks he is well to that, he was State Solicitor in the many pieces of the bill. I don’t doubt I qualified. As a matter of fact, he has State of Ohio, he clerked for Supreme would not vote for a lot of it. been rated well qualified by the ABA. Court Justices and is very well quali- Included in this bill are intellectual He was managing editor of the Harvard fied. Nominated 510 days ago, and has property rights. Again, never passed Law Review. He is a Harvard law grad- yet to get a hearing before the Judici- the House or the Senate, but it is in uate, magna cum laude; unanimously ary Committee. this bill. There is a juvenile justice sec- rated well qualified by the ABA; law Deborah Cook, also from Ohio, also tion, an entire new section, there is clerk to Supreme Court Justice on the sixth circuit. Unanimously criminal justice, civil justice, and im- Rehnquist; principal Deputy Solicitor rated well-qualified by the ABA. She migration changes, improvements of General between 1989 and 1993. has been a Justice of the Supreme criminal justice, intellectual property,

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.149 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9837 all of which never passed the House or to the floor and, yes, we will spend $40 ing, Miguel Estrada and Michael the Senate, and would be subject to or $50 billion in doing so, most of which McConnell, and we don’t know if they rule XXVIII if the rule was invoked. will be spent the first year or two. are going to get a vote in the com- I bring this to my colleagues’ atten- What happened to the committee mittee or not. tion, knowing this rule is there and process? Shouldn’t every member of I think every one of the 12, I be- that at least this Senator, for one, re- the Finance Committee have a chance lieve—or the 11 that were nominated alizes we have an opportunity and an to say, I think we can do a better job? on May 9 are entitled to a vote. People obligation to legislate correctly. This Maybe we can do it more efficiently or can vote up or they can vote down, Senate is becoming more and more better. No, we bypass the committee they have that right. But I think to willing to bypass committees, bypass and take it directly to the floor. deny them even a hearing after 510 legislative process, report bills, take Now I understand we are going to by- days is not fair, especially when you up bills directly to the floor without pass the Finance Committee on a small look at the qualifications of somebody ever going through committee, not giv- business package. I used to be a small like John Roberts, who has argued 37 ing committee Members the oppor- businessman. I have ideas what should cases before the Supreme Court, and he tunity to have amendments, to have be in that package. I would like a say- is yet to have a hearing; or Miguel discussion, to have vetting, offer alter- so in the amendment. We will not get a Estrada, who has argued 15 cases before natives, or come up with bipartisan ap- vote. No Finance Committee Member— the Supreme Court, yet to have a hear- proaches. maybe one or two that are putting the ing. Michael McConnell argued 10 I found this year very frustrating in package together, but the rest of us on cases—I take it back. Miguel Estrada both the Energy and Natural Resources that committee do not get to vote. We has had a hearing, so has McConnell. Committees on which I serve. We had did not get to offer an amendment. We They just have not been voted on in the most significant piece of legisla- did not get to say, we do not think that the committee. It is not too late. We tion in the energy bill since I have been should be in, maybe something else may only have a week and a half left in a Member, and it was not even marked should be in. the session, so I urge the Judiciary up in committee. Yet we spent 7 weeks Should we have ‘‘pay-fors’’? What Committee to move forward on Mr. on the floor of the Senate marking it should they be? Do we have tax cuts McConnell and Mr. Estrada and give up. Not a good way to legislate. That and tax increases? What should they these fine individuals, who have very bill is in conference. I hope we can be? How can we best stimulate the distinguished reputations, distin- come up with a conference report that economy? Some of us think we have guished legal careers, give them a vote is a good piece of legislation. That re- something to offer in that debate, not in the Judiciary Committee and on the mains questionable. if you bypass the committee and go floor of the Senate. We had prescription drugs many straight to the floor. I object to that I am confident both would be con- wanted to mark up in the Finance process. That is a process at least this firmed, both would be confirmed over- Committee. We did not do that. We by- Senator is going to be very reluctant whelmingly and would make out- passed the Finance Committee. The Fi- to support. I don’t like bypassing the standing jurists for many years to nance Committee never had a markup committee process. I don’t like intro- come. I urge the Judiciary Committee on the most expensive expansion of ducing things that are totally extra- to do that. I hope it will happen in the Medicare since its creation in 1965. We neous to the House bill or the Senate next few days. had a debate on prescription drugs with bill and putting them in conference. I I yield the floor. The PRESIDING OFFICER. The Sen- several alternatives, some of which, in may support those provisions, but I ator from Pennsylvania. my opinion, were fatally flawed. Part don’t think that is a good way to legis- of that is because they were not vetted. late. f We did not have a thorough discussion I am bothered by the fact the Senate THE NEW JERSEY ELECTION in committee. If some of the obvious is not working. I am bothered by the Mr. SANTORUM. Mr. President, I flaws were introduced on the floor, fact we did not pass a budget this year rise briefly to express my disappoint- they would have been exposed and for the first time since 1974. I am both- ment and dismay at what is going on in probably corrected, and we probably ered by the fact that we are yet to pass the neighboring State to Pennsyl- would have passed a bipartisan bill and send to the President any appro- vania—New Jersey. What we are seeing that would have had enough momen- priations bills other than a 1-week con- play out in New Jersey is not some- tum to not only get through the Senate tinuing resolution. I am bothered by thing that, as an elected official, I find but be a strong force in conference, and the fact we didn’t do the energy bill particularly ennobling for public offi- thereby provide prescription benefits right. We didn’t do prescription drugs cials. This is not something that gives for Seniors. We did not do that because right. We didn’t get it done. And I am people a whole lot of confidence in the we did not go through the committee. bothered by the fact I look at two- political process in which we are en- We are breaking the process. thirds of this bill and I say: Wait a gaged. I did homework on the Finance Com- minute, where did this come from, even It is obvious some are trying to mittee. In every major expansion in though they may be perfectly accept- change the rules right at the end of the Medicare for the last 22 years, almost able provisions. game, and in a way to advantage one every one except one went through the Some might say we have done it be- political party. I find that very dis- committee process and ended up with a fore. That is true. But we also have concerting. I find it potentially—as the bipartisan majority on the floor of the rules against doing it. I believe the rule New Jersey Supreme Court con- Senate and helped become law. Usu- would be upheld. I believe these were templates what they are going to do in ally, the Senate markup vehicle that extraneous to the conference. So I this case, seeing the precedent that came out of committee was strongly think rule XXVIII would by upheld. We could result, it could result in a lot of supported on the floor and strongly may find out. I haven’t decided to ridiculous things happening at the end supported in conference, and was close make that point of order. I am letting of a lot of elections. If you find a can- to being the vehicle to become law. my colleagues know the rule is on didate behind, you simply change Sometimes it is adjusted with our there for a purpose. We should follow horses right at the end. Instead of hav- friends and colleagues in the House. legislative procedure. We should abide ing the people decide, you have the When you take a bill directly to the by the rules. Unfortunately, we have courts decide. floor, and I note now there are a couple not done so. Remember just 2 years ago a lot of of other packages that some say, rule I see we are going to create 20 new people were gnashing their teeth say- XIV—in other words, take directly to judgeships. I guess I am all for that, ing elections should not be decided in the Calendar a provision dealing with but I look at several outstanding the courts. They should be decided by give-backs, additional money for Medi- judges, 47 of whom are yet to be voted the people on the ballot. Here we have care, some for rural hospitals, some for on, 7 of whom—I just mention 7—have a situation where there are people on doctors, some for other providers. Let’s waited for a year and haven’t even had the ballot, and now we are having peo- bypass the committee and go directly a hearing, 2 of whom have had a hear- ple go to court to change that ballot.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.152 S02PT1 S9838 CONGRESSIONAL RECORD — SENATE October 2, 2002 That is very disconcerting. But I So let’s put this in context, the high- BLOCKING THE WORK OF THE guess one of the things that bothers me brow comments that ‘‘the people of SENATE the most is that there is a connection New Jersey deserve a choice.’’ Let the Mr. REID. Mr. President, I want to here in Washington, DC, to what is people of New Jersey understand whose comment on two subject matters going on in New Jersey. The connec- choice it was. It was not their choice. today. The first is some of the state- tion here in Washington, DC, as the It was a choice dictated by the polit- ments made by my friend, my counter- Senator from New Jersey announced, is ical operation here in Washington, DC, part, the distinguished Senator from that it is his intention, by trying to get and according to these reports, by the Oklahoma, when he said he was dis- his name removed from the ballot, to Senate majority leader, as to who that turbed we were not doing anything in save the Senate for the Democrats. It choice would be for New Jerseyans to the Senate. He talked about we had not was not to give the people of New Jer- choose from. passed any appropriations bills, and sey a choice, as many of the pundits That is deeply disturbing. That is went through a list of things we had are arguing and many of the politicos deeply disturbing that we see this kind not done. are arguing, that the people of New of interplay, in an attempt to change But I say, with all due respect to my Jersey deserve a choice. No, this was the outcome of an election that did not good friend, the Senator from Okla- about potentially having a candidate seem to be going in a positive direc- homa, we have not done these things who was going to lose the election and tion. because the minority won’t let us do that could result in the Democrats los- I find it very interesting we have an- them. We have been here reporting for ing control of the Senate. other case that just occurred on the duty. Senator BYRD and Senator STE- So from the press reports, we see lots unfortunate death of a Representative VENS, on the appropriations bills, re- of pressure being brought to bear on in Congress from Hawaii, someone who ported every one of them out of com- the Senator from New Jersey, from a served this country through a long and mittee before the August recess. But a variety of different quarters, to take distinguished career, a very popular decision has been made by the minor- one for the party and step aside so the Member of the House, and very popular ity not to let us move on any. Democrats can continue to control the in her district. What I understand is That is why we have been on the In- Senate. That is what this is about. This that the Democratic Party in Hawaii is terior appropriations bill. This has is not about giving the people of New not going to remove her name—is not been the fifth week. So I appreciate the Jersey a choice. It is about trying to going to remove her name from the efforts by the minority to make this keep power, whether breaking the rules election ballot. Why? Because she is a fact, that we have done nothing in the or not, trying to keep power. very popular Member and there is the Senate, our fault, but the American There are a lot of discussions in this suggestion that has been reported in public knows. Chamber about the rule of law, that we the press that even though she is de- We have stated here many times that have to respect the rule of law. We ceased, that she would probably still we are willing to do terrorism insur- preach all over the world about the im- win the election. ance, election reform, Patients’ Bill of portance of the rule of law. Yet we Yet we have in New Jersey someone Rights, generic drugs, bankruptcy—all have a statute that is in place under who is alive and well who they are in- these things that are stuck in con- the Constitution because the Constitu- sisting must be removed from the bal- ference. We are willing to do every one tion says the legislature shall set the lot. This is the kind of crass political of the appropriations bills. But they laws of elections within the States, not calculation that undermines people’s won’t let us. the courts. The legislature clearly Now, people say: What do you mean, faith in the electoral and political acted in New Jersey. ‘‘they won’t let us’’? That is the way it process in this country. The sad part is, So what are people here trying to is in the Senate, a simple majority in part, some of this is being orches- save the Democratic majority trying to does not do the trick in the Senate. trated out of Washington, DC. This is a do? Well, they are trying to change the You need 60 votes. They have 49. We crude attempt by those who took law through the courts so they have a cannot get up to 60. So you can clearly power in the Senate, not through the better chance of winning the election. see what the next 5 weeks are going to electoral process, to regain power in Again, the disturbing part is from be like in the States where there are the Senate through the court process, press reports that some of that is being serious Senate races. What you are not through the electoral process that orchestrated out of Washington, DC. going to see there is: The Democrats has been established by the State of We have a report from the Washington control the Senate, and they have not New Jersey. Post that says: been able to get anything accom- Senate majority leader Tom Daschle How far do we go to keep power? How plished. warned McGreevey, the Governor of New Jer- important is power? What rules must But the American people know we sey, that substantial national party funding be broken? What principles must be set may not have been able to accomplish for the race would be in jeopardy. ‘‘It was ba- aside to keep power? a lot because they would not let us, but sically, ‘Not with my money,’’’ Democratic That is what is going on here. That is we have been able to stop a lot of officials said. why the public is outraged and deeply things that would have occurred had —unless they picked a particular disturbed at what they are seeing in we not been here. And I think when candidate to substitute for Senator New Jersey. those chapters of history are written TORRICELLI. I find it very troubling that we have about this Congress, that is what the Again, I am hearing a lot of talk that Members from this body who are par- big headlines will be: The stuff we were the people of New Jersey deserve a ticipating in orchestrating those devel- able to stop. We were a check and bal- choice. Yet it sounds like the choice is opments. It is not something that re- ance on a ramrod, and we were able to being dictated here in Washington, DC. flects positively on the Senate. It cer- stop things from happening. Another quote from the Newark tainly does not reflect positively on Star-Ledger: f the electoral system in this country. In what may be the strangest twist yet in THE NEW JERSEY SENATE RACE I yield the floor. a bizarre election year, New Jersey Demo- Mr. REID. Mr. President, there is an- I suggest the absence of a quorum. cratic leaders last night chose Lautenberg as other thing I want to talk about. The their standard bearer on the insistence of The PRESIDING OFFICER. The Senate majority leader Tom Daschle. Senator from Pennsylvania talked clerk will call the roll. about the terrible situation in New They quote a Democratic source say- The legislative clerk proceeded to Jersey. It is a very unique situation in ing: call the roll. New Jersey. A sitting Senator had a ‘‘Lautenberg or nothing.’’ The nothing in Mr. REID. Mr. President, I ask unan- procedure before the Ethics Com- this case was a threat by the national Demo- imous consent the order for the crats to abandon New Jersey in order to put mittee. It took a lot of time, and the stronger campaigns for incumbent Demo- quorum call be rescinded. only focus of the election for the Sen- crats in other states where they stood a bet- The PRESIDING OFFICER. Without ate seat in New Jersey was that ethics ter chance of winning. . . . objection, it is so ordered. procedure.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.154 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9839 I said yesterday, on the Senate FIRST ANNUAL REPORT OF CON- The United States has limited means floor—and I say again today—BOB GRESSIONAL EXECUTIVE COM- to influence change within China. The TORRICELLI is my friend. We came to MISSION ON CHINA Chinese people, ultimately, must deter- Washington to serve in the House of Mr. BAUCUS. Mr. President, I rise to mine how they want to be governed Representatives together. We sat to- speak in my capacity as Chairman of and under what conditions. But we can gether in the same committee, the For- the Congressional Executive Commis- help contribute to improving the situa- eign Affairs Committee, in the House. sion on China. This commission was tion inside China. We developed a friendship then, 20 created in the China PNTR legislation Let me stress that the commission is years ago, that has remained. I feel so two years ago and has the mandate to not seeking to impose American stand- bad for my friend, BOB TORRICELLI. Mr. monitor human rights and develop- ards on China. But, from the Universal President, I cannot determine all he ments in the rule of law in China. Declaration on Human Rights, to the went through, but he went through Today, we transmitted the first annual International Labor Organizations’ enough that he dropped out of the Sen- report to the Congress and to the Declaration on Fundamental Prin- ate race. He did it because, for those of President. ciples, China has agreed to respect us who know him, the emotional toll With passage of PNTR the Congress, internationally recognized human was tremendous. and the country, declared that eco- rights for its citizens. Our desire is Now, would it be better for the people nomic engagement was important—in that the Chinese government abide by of New Jersey to have no Senate race? terms of our own economic and stra- the terms of these international com- mitments, as well as the guarantees The sitting Senator is out of the race. tegic interests and in terms of our abil- enshrined in China’s Constitution and Would it be better that the people of ity to promote and encourage change laws. That is the standard we, and oth- New Jersey have no election, no inside China. The commission was cre- ers around the world, need to encour- choice? ated to ensure that concerns about age—constantly. The paramount interest that the New human rights and rule of law issues in China would continue to have a high Our report stresses that the United Jersey Supreme Court determined was States must take a dual approach. that the people of New Jersey should priority in our government—in Con- gress and in the administration. That First, we need to pursue high-level have a choice. Now, they heard that ar- advocacy on core human rights issues gument today, and they have already is why it includes members from both branches nine Senators, nine House and cases of individuals who are denied decided by a 7-to-0 vote. It was, as they their fundamental rights. The Presi- say in basketball, a slam dunk. This members, and five Administration rep- resentatives appointed by the Presi- dent, senior Administration officials, was not a difficult legal proceeding. and members of Congress, should raise The people of New Jersey should have a dent. The commission membership itself these issues at every opportunity. It choice as to who is going to serve in reflects the broad range of views of also means multilateral advocacy. The the Senate. China within the Congress. Yet we United Nations Commission on Human I would hope people would drop all were able to develop a report that is Rights has many tools at its disposal. the litigation. I am sure some of my supported by an overwhelming major- The International Labor Organization friends in the minority are clamoring ity of our members. The vote in the is becoming increasingly involved in to get to the Supreme Court and have commission was 18 to 5 in favor of the labor rights issues in China. We need to an election determined there like they report. work with other nations to pressure did a couple years ago. But I think it Let me turn to the report itself. This China in these areas. would be to everyone’s best interest to is the most comprehensive document Second, we need to provide increased let the people of New Jersey decide produced by Congress on human rights technical and financial assistance to that, with a 7-to-0 determination by in China. It pulls no punches in de- help build a legal system in China that the New Jersey Supreme Court, and let scribing current human rights condi- protects human rights. Elements of these two people—Lautenberg and his tions in China. And it recommends ac- this include training lawyers and opponent—have a race where they have tions to Congress and to the Adminis- judges to build a more professional debates and public forums, run TV ads, tration that we believe will help pro- legal system; promoting grassroots and have an election like we have in mote change in China. legal aid so Chinese women, workers, America. New Jersey deserves that. The underlying assumption of the re- and farmers will understand their That is what this is all about. port is that human rights cannot be en- rights and how they can try to assert So I hope the election can go for- joyed without a legal structure to pro- them; assisting with the drafting of ward, as the New Jersey Supreme tect those rights. Although China pro- new laws and regulations; teaching Court, by a 7-to-0 vote, said it should. tects many rights on paper, this is about experiences in other countries in And I am sure it will. I cannot imagine often not the case in practice. the West, in Asia, in the former Soviet even this Supreme Court would change This is a time of uncertainty in states, regarding how they dealt in a that. China as they adjust to their WTO non-authoritarian way with some of I suggest the absence of a quorum. membership, go through a political the economic, social, and political The PRESIDING OFFICER. The transition with the senior leadership of problems that confront China today; clerk will call the roll. the Chinese Communist Party and the providing currently unavailable infor- The legislative clerk proceeded to government, and face increasing de- mation to the average Chinese using call the roll. mands from their citizens for greater radio, cable, and the Internet; and Mr. REID. Mr. President, I ask unan- economic, social, religious, and polit- working with nascent Chinese NGOs imous consent the order for the ical freedom. who are trying to deal with the stag- quorum call be rescinded. In fact, the last 20 years has seen a gering social and economic challenges The PRESIDING OFFICER. Without period of profound change inside in China. objection, it is so ordered. China—economic reform and the devel- The range of issues is huge. This past opment of a market economy, decen- year, our commission examined some f tralization of power, individual Chinese of the major areas of human rights and citizens gaining more individual auton- rule of law, including religious free- omy and personal freedom. Yet the dom, labor rights, free press and the MORNING BUSINESS government continues to resist polit- Internet, Tibet, and the criminal jus- Mr. REID. Mr. President, I ask unan- ical liberalization and suppresses any tice system. Next year, we will con- imous consent the Senate now proceed threat to the Communist Party’s grip tinue to pursue these problems and ad- to a period of morning business with on power. There are no free labor dress many others, including the role Senators allowed to speak for up to 5 unions; all religious groups must reg- of foreign companies in Chinese soci- minutes each. ister with the government and submit ety, women’s rights which includes the The PRESIDING OFFICER. Is there to its control; the media and Internet one-child policy, HIV/AIDs, and the objection? are restricted; there is tight control in 2008 Olympics and human rights, to Without objection, it is so ordered. minority ethnic regions. name just a few.

VerDate Sep 04 2002 04:51 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.157 S02PT1 S9840 CONGRESSIONAL RECORD — SENATE October 2, 2002 I am pleased with the scope and qual- places on the environment. The world’s Whereas, approximately half of the 5 million ity of this report. It adds to our under- rapidly growing population has re- people infected with HIV last year were standing of human rights and legal re- sulted in severe water shortages, young people aged 15–24; and form in China and provides a useful ac- shrinking forests, soil degradation, air Whereas, almost 12 million young people now live with HIV, and about 6,000 more be- tion plan for the Congress and the ad- and water pollution and the daily loss come infected every day; and ministration. I am sending each of my of animal and plant life. Whereas, the choices young people make colleagues a copy and urge you all to However, there has been progress. Be- today regarding their sexual and repro- read it. For others, you can find the re- cause of the availability of education ductive lives, including responsible male port on the commission’s website at and modern contraceptives, the aver- behavior, will determine whether world www.cecc.gov. age number of births per woman has population stabilizes at 8 billion or less or 9 billion or more; and f declined from 6 to 3. Due in large part to the work of organizations like the Now, therefore, I, Howard Dean, Governor of LOCAL LAW ENFORCEMENT ACT US Agency for International Develop- the State of Vermont, do hereby pro- OF 2001 ment, the UN Population Fund, and the claim October 20–26, 2002 as World Popu- Mr. SMITH of Oregon. Mr. President, lation Awareness Week in Vermont. International Planned Parenthood Given under my hand and the Great I rise today to speak about hate crimes Foundation, many women across the Seal of the State of Vermont this 25 day of legislation I introduced with Senator globe are receiving the help they need. August, A.D. 2002. KENNEDY in March of last year. The These organizations provide essential HOWARD DEAN, M.D., Local Law Enforcement Act of 2001 advice, counseling and information in Governor. would add new categories to current many countries where it otherwise f hate crimes legislation sending a sig- would not exist. The reduction in fam- MEDICARE APPEALS, REGU- nal that violence of any kind is unac- ily size that results has helped millions LATORY AND CONTRACTING IM- ceptable in our society. escape from poverty and, for many PROVEMENTS I would like to describe a terrible women, enhanced the prospects for crime that occurred August 14, 2001 in education and a better life. Mr. GRASSLEY. Mr. President, I Jackson Heights, NY. Edgar Garzon, 35, Even with these steps forward, much want to take a few minutes to discuss was attacked after leaving a gay bar. more needs to be done. The world’s a provision in the Beneficiary Access The assailants, two men, exchanged population is many hundreds of mil- to Care and Medicare Equity Act I in- hostile words with Mr. Garzon outside lions higher than it was seven years troduced yesterday with Senator BAU- the bar, followed the victim toward his ago, yet the developing countries are CUS. home, then beat the victim with a still receiving US family planning as- The core of our bill, as the short title baseball bat or lead pipe. Mr. Garzon sistance at 1995 levels. The inextricable indicates, ensures beneficiary access to suffered a skull fracture and died three link between world population growth care and improves equity in Medicare weeks after the attack. Police are in- and poverty, political instability, and payments. But the bill also makes im- vestigating the incident as a bias at- environmental degradation is widely portant other improvements to the tack. known. Over 600,000 women die from Medicare program that go beyond pay- I believe that Government’s first pregnancy related causes. These pro- ment policy and beneficiary improve- duty is to defend its citizens, to defend grams are about modern contracep- ments. them against the harms that come out tives, about reproductive health, about Chief among those is regulatory re- of hate. The Local Law Enforcement saving women’s lives. Not one dime of lief for providers. Enhancement Act of 2001 is now a sym- US Government funds can be used for Every day, in cities and towns across bol that can become substance. I be- abortions, yet the White House and Iowa, health care providers treat the lieve that by passing this legislation some Members of Congress continue to sick, restore them to health, and work and changing current law, we can object to many of these programs. to prevent further illness. Iowa’s pro- change hearts and minds as well. For the United States to be a leader portion of older adults in the popu- f in support of international family plan- lation exceeds that of the United WORLD POPULATION AWARENESS ning it is vital for the American people States as a whole. In fact, we rank sec- WEEK to be aware of the problems posed by ond in the Nation in our percentage of unchecked population growth. That is Mr. LEAHY. Mr. President, over the persons aged 85 and older. why I am pleased that Governor How- past years I have spoken often on the Simply put, the Medicare program ard Dean has proclaimed the week of subject of population growth and the means a great deal to Iowans, not only many problems it poses. Even in my October 20–26 as World Population from a beneficiary perspective but also own State of Vermont, one of the most Awareness Week in Vermont. I want to from a provider perspective. Health rural states, it is impossible to escape support the Governor in this effort, and care providers in Iowa rely on the the fact that human population can I ask unanimous consent that his proc- Medicare program for much of their leave a heavy footprint. lamation be printed in the RECORD. business. In the past 50 years the world’s popu- There being no objection, the mate- I have had extensive conversations lation has doubled in size. The implica- rial was ordered to be printed in the with many Iowa health care providers tions of this exponential growth are RECORD, as follows: and workers, and a complaint I have impossible to fully grasp or predict. We STATE OF VERMONT EXECUTIVE DEPARTMENT heard over and over is that the Medi- do know however, that over 95 percent A PROCLAMATION care program is too bureaucratic. Too of new births are occurring in devel- Whereas, more than one billion people—one much time is spent on paperwork in- oping countries, many of which are un- sixth of the world’s population—are be- stead of treating patients. Rules com- able to feed or care for their people tween the ages of 15 and 24, the largest ing out of Washington are confusing generation ever in this age bracket, and today. From sub-Saharan Africa to and contradictory. Doctors and nurses Whereas, nearly half the world’s population, receive one answer to a question from much of Asia, hundreds of thousands of and 63 percent in the least developed children are born each day without countries, is under age 25; and their Medicare contractor and a dif- adequate food, medical care or shelter. Whereas, 17 million young women between ferent answer from Medicare head- In fact, of the 4.8 billion people living the ages of 15–19 give birth every year, quarters in Baltimore. in developing countries, it is estimated including some 13 million who live in less Now, don’t get me wrong. My posi- that nearly 60 percent lack basic sani- developed countries; and tion on the sin of Medicare waste, tation. Almost a third do not have ac- Whereas, early pregnancy and childbearing is fraud, and abuse has not changed. As a cess to clean water. A quarter do not associated with serious health risks, as watchdog of the taxpayer dollar, I well as less education and lower future firmly believe in asking health care have adequate housing, and a fifth, income potential for young mothers; and over 1 billion people, have no access to Whereas, risks of dying from complications providers to account for the money modern health services. of pregnancy or childbirth are 25 times they receive from the government. In addition, we have all seen the bur- higher for girls under 15, and two times Taxpayer dollars must be spent respon- den the Earth’s swelling population higher for women between 15–19; and sibly. However, when honest providers

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.110 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9841 are unable to get straight answers from bursing officers, and Medicare adminis- and parenting teens in Portland, Ban- the government, frustration and ineffi- trative contractors alike and that, gor, and Houlton. The program also has ciency can result. The outcome is a among other things, the remedy sub- licensed offices in Boston, Tampa, FL, health care program that is not serving jects Medicare contractors to adminis- and Silverthorne, CO. The Colorado of- beneficiaries or taxpayers as well as it trative as well as trust fund damages. I fice has also a therapeutic foster care could. So I am proud that this legisla- am pleased that the Department of program. tion takes steps to treat some of these Justice and the HHS Office of Inspector The agency dawn founded is also li- bureaucratic ills afflicting Medicare. General believe this special liability Based on provisions in a bill intro- censed in Vermont, and has recently standard serves taxpayers and the received accreditation by the Council duced last year by myself and Senator Medicare program extremely well. on Accreditation of Children and Fam- BAUCUS, along with Senators MUR- In closing, let me again say how KOWSKI and KERRY, the Beneficiary Ac- proud I am that on this issue and on ily Services, COA. MAPS was the first cess to Care and Medicare Equity Act the many other provider and bene- adoption agency to propose placement offers additional appeal rights for pro- ficiary policies in this bill, Chairman of children living in orphanages in the viders, mandates enhanced provider BAUCUS and I were able to work to- former Soviet Union, and that work education, and ensures that providers gether in a balanced, bipartisan fash- continues to this day. receive straight answers from the Cen- ion. Together, we carefully considered The program is also functioning in ters for Medicare and Medicaid Serv- and came to agreement on payment, Cambodia, where it offers a strong pro- ices, CMS. administration and benefit policies gram of adoption services and humani- Importantly, our legislation reforms that make sense for Medicare. I urge tarian aid. MAPS also has developed the way Medicare contracts with the the Senate Democrat leadership to call programs in Kazakhstan, Romania, private companies that process and pay up our bill for full consideration in India, Guatemala, Sierra Leone, and claims. Today, CMS is stymied by out- short order before we adjourn next Ecuador; offering families more inter- dated guidelines that fail to recognize week. national choices while never losing efficiency and quality in contractor f sight of its original mission of placing performance. Today’s system is also ADDITIONAL STATEMENTS special needs children from the foster not competitive. Our legislation brings care system. Dawn continues to serve competition into the program so that as CEO of the Maine Adoption Place- the best available contractors, in terms MAINE’S ANGEL IN ADOPTION, DAWN DEGENHARDT ment Service. This year she and her of quality and efficiency, will serve it. staff celebrate their twenty-fifth anni- The bill provides incentives for con- ∑ Ms. COLLINS. Mr. President, each versary of bringing children and fami- tractors to give timely and accurate year, members of the Congressional Co- lies together. Dawn and her team of information to beneficiaries and pro- alition on Adoption nominate an indi- dedicated professionals have helped to viders. vidual or couple to receive the ‘‘Angels place over 3,500 children in loving For Medicare contractor reform to in Adoption’’ award. This year, it was homes. succeed, however, contractors need my pleasure to nominate Dawn C. protection from unlimited civil liabil- Degenhardt of Houlton, ME to receive Dawm and Ed Degenhardt have built ity in carrying out the payments, pro- the 2002 ‘‘Angels in Adoption’’ award a family not only for themselves but vider services, and beneficiary services for her efforts and dedication to this also for many others. Their home has functions expected of them. cause. Dawn’s wonderful story is truly been filled with love and happiness. I The bill I have just introduced would inspirational. am proud to know that Maine is home therefore continue the past policy of Born in Portland, ME, Dawn was a to a couple so full of compassion and limiting the liability of certifying and child advocate in Cleveland, OH, where generosity, and who have inspired disbursing officers, and the Medicare she founded the State chapter of the countless more families, to show the administrative contractors for whom Council on Adoptable Children. Dawn same compassion and caring for chil- those officers serve, with respect to and another parent also founded dren in our state and around the certain payments. In addition, the lan- Spaulding of Beechbrook in Ohio, globe.∑ guage contained in Section 621 clarifies which helps to place special needs chil- that Medicare administrative contrac- dren and is still in existence today. f tors are not liable for inadvertent bill- When Dawn and her husband decided ing errors but, as in the past, are liable to start their own family, they began HISPANIC HERITAGE MONTH 2002 for all damages resulting from reckless by adopting two infants. By the time disregard or intent to defraud the their second child was a year old, Dawn ∑ Mr. DURBIN. Mr. President, I rise in United States. and Ed pursued an older child adoption. honor of Hispanic Heritage Month. For Importantly, the reckless disregard Over the next two years, they worked the past 34 years we have formally standard is the same as the standard to encourage more people to adopt celebrated the numerous contributions under the False Claims Act, a 150-year- older children. They adopted four more the Hispanic community has made to old Federal law that I updated in 1986 children, one from a Native American our country. From September 15 to Oc- and that has had unmatched success in adoption program in South Dakota and tober 15, 2002, Hispanic Heritage Month fighting fraud and abuse in Federal three from Vietnam. They then moved will be commemorated by millions of programs like Medicare. The False to Maine and adopted three more older people across the United States. Claims Act, 31 U.S.C. Sections 3729– children, two through the Maine De- Hispanic Americans make up 12.5 per- 3733, applies to Medicare fiscal inter- partment of Human Services and one cent of the population and have had a mediaries and carriers under current from India. Dawn and Ed adopted nine profound effect on our Nation’s eco- law and has been used effectively by children in total. nomic strength and stability. They not whistleblowers and the Department of Though their own family was now only are the fastest growing population Justice to uncover and penalize fraud complete, in 1977, Dawn’s concern for group in the Nation, they are the fast- against the program by some inter- the children still waiting in the foster est growing group among small busi- mediaries and carriers. care system prompted her to found the ness owners. Hispanic Business Maga- This specially calibrated version of Maine Adoption Placement Service, zine estimates that by the year 2007, reckless disregard balances the prac- MAPS, in Houlton, ME. Her original Hispanic buying power will rise to tical need to shelter Medicare adminis- mission was to place special needs chil- $926.1 billion—due to a growth rate al- trative contractors from frivolous civil dren and to educate and train their most three times that of non-His- litigation, with the Medicare program’s new adoptive families in a supportive panics. interest in protecting itself from con- environment. After ten years, the pro- tractor fraud. This legislation makes it gram expanded its services to include a There are more than 1.2 million His- clear that the False Claims Act con- housing component for pregnant teens panic-owned businesses. These firms tinues, as in the past, to remain avail- and young women. employed more than 1.4 million people able as a remedy for fraud against Today, there are MAPS offices and and generated $183.3 billion in reve- Medicare by certifying officers, dis- programs with housing for pregnant nues. These statistics are a testament

VerDate Sep 04 2002 04:58 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.100 S02PT1 S9842 CONGRESSIONAL RECORD — SENATE October 2, 2002 to those Hispanic Americans who have tions time and time again, from their Representative Leuck, who was first overcome a myriad of obstacles to es- impact on our economy to their service elected to the Indiana House of Rep- tablish themselves as a prominent in law enforcement. resentatives in 1986, has worked tire- force in our Nation’s economy. Hispanic Heritage Month is a time to lessly to improve the lives of Hoosiers Hispanic Americans also have suc- celebrate, experience, and honor the from all walks of life. As a representa- ceeded in the political arena. The num- Hispanic culture. I urge all Americans tive of District 25, Claire was a voice ber of Hispanic elected officials has in- to actively participate in the many fes- for rural communities and worked in a creased, and many States across the tivities across our Nation, as we deepen bipartisan manner. Prior to her service Nation have fielded Hispanic can- our appreciation for a community that in the legislature, Claire served as the didates at local and national levels. has helped shape America today, and Benton County Clerk from 1974–1982. For example, earlier this month Geor- will continue to do so tomorrow.∑ As chair of the House Agriculture gia voters elected their first Hispanic Committee, she advocated for the in- f State senator, Sam Zamarripa, and terests and needs of the agricultural New Mexico’s next Governor will un- TRIBUTE TO CHARLIE MYRICK community, giving farmers a voice and doubtedly be Hispanic. ∑ Mr. BOND. Mr. President, I rise to enabling family farms to retain a vital In addition to recognizing the signifi- pay tribute to Mr. Charlie Myrick and role in the Indiana economy. Claire has cant contributions Hispanics have his over 25 years of service to children worked to increase funding for rural made in politics and to our economy, across this country. Over the years, schools and improve the quality of we honor those Hispanic Americans Charlie Myrick has performed magic rural life. She has devoted her energies who sacrificed their lives on September tricks in schools across the nation and to improve health care by authoring 11, 2001. Hispanic Americans were has spoken to over 6 million school legislation that created the CHOICE among the very first to respond to the children. Resisting drugs and gang home health care program for the el- terror attacks against our Nation. pressures as well as the importance of derly. Claire has continually worked to Twelve Hispanic firefighters lost their leadership and studying diligently in secure state funding for Lakes Shafer lives trying to save others. school are a few of the points Charlie and Freeman, allowing these lakes to As America continues to remember emphasizes in his program. He inspires remain safe and friendly destinations those Hispanic Americans who gave and motivates children to pursue their for tourists. She has also worked on be- their lives on that tragic day, others in dreams while challenging parents to half of veteran’s interests to ensure the Hispanic community have helped support and encourage their children in that local veterans had the necessary bring our Nation together. For exam- this pursuit. Charlie has been beaten means and equipment to pay tribute to ple, Daniel Rodriguez, a Brooklyn-born and held at knife point by disgruntled their fallen friends. Latino policeman, captured America’s students but his dedication to children Claire’s outstanding work in the In- hearts with his rendition of ‘‘God Bless has not wavered. Many children claim diana House of Representatives was ac- America’’ at numerous September 11 Charlie’s encouragement and motiva- knowledged by House leadership when memorial services. Contributions like tion changed their life. One child stat- she was appointed to the powerful this from our fellow Americans have ed, Charlie motivated him to persist- House Ways and Means Committee. helped many of us heal and have in- ently strive to achieve his dreams. I During my time as Governor, I had the stilled a deeper, greater pride in our commend Charlie for his years of serv- privilege to work with Representative Nation. ice to children in need.∑ Leuck to balance Indiana’s budget, cut Other Hispanic Americans may not taxes for Hoosier families, increase have received as much media attention f funding for Indiana’s public schools but have equally contributed to every TRIBUTE TO LEE MACE’S OZARK and protect Indiana’s natural re- aspect of our American life. OPRY sources. In my home State of Illinois, where Everyone that has ever encountered ∑ Mr. BOND. Mr. President, I rise to over 1 million Hispanic Americans re- Representative Leuck knows she exem- celebrate the 50th anniversary of the side, numerous individuals have had a plifies her famous campaign slogan Lee Mace’s Ozark Opry. The Lee Mace’s significant impact on the Hispanic ‘‘everybody likes Claire.’’ American community. Consider The- Ozark Opry has entertained audiences Along with her husband Richard, resa Gutierrez, a reporter for ABC for years and is a tribute to Lee’s Claire’s strong dedication to the State News in Chicago. She was one of the dream to share country music with the of Indiana is evident in the work she first Hispanic women to break into tel- public. Lee and his wife, Joyce Mace accomplished during her tenure in the evision journalism, and since she began began the Opry in an effort to preserve legislature. She is to be commended for her media career in 1971 she has been the real flavor of the Ozarks though her 16 years of service to her commu- the recipient of numerous awards. In music and dance. Giving talented nity, her district and her State.∑ young people from nearby towns the 1999, she was recognized by Chicago f Woman Magazine as one of 100 ‘‘Women opportunity to perform was a dream of Making a Difference.’’ She was also se- Lees and many performers have stood TRIBUTE TO THE WORLD WAR II lected as one of the six outstanding on stage as a result. The format devel- MEN OF THE USS KIDD broadcasters in the country by His- oped for the show has been emulated in ∑ Mr. WARNER. Mr. President, I rise panic USA Magazine. Branson, Missouri and over the years today to pay tribute to the World War Another similar example is Anna has spread to opry houses across the II men of the USS Kidd, DD 661, a Zotigh, a 16-year-old girl working on a country. Although, Lee Mace passed Fletcher-class destroyer which was mural at the Instituto del Progresso away several years ago, the sounds of named after Rear Admiral Isaac C. Latino in Chicago. Anna, along with the Ozarks can still be heard at Lee Kidd, Sr., who was killed aboard his other teams of students across the Mace’s Ozark Opry. Today, we honor flagship, the USS Arizona, at Pearl country, works 8- to 9-hour days with Lee Mace’s dream of preserving the Harbor on December 7, 1941. Kidd was local artists to help promote Latino tradition of country music in the commissioned at the New York Navy culture, specifically the pivotal role Ozarks.∑ Yard in Brooklyn, New York, on April played by women in Hispanic culture. f 23, 1943. She was placed under the com- These are just some of the extraor- mand of Lieutenant Commander, later dinary Hispanic American individuals HONORING STATE Admiral, Allan B. Roby. who contribute to the vibrant life of REPRESENTATIVE CLAIRE LEUCK Kidd served with great distinction in our country. ∑ Mr. BAYH. Mr. President, I rise the South Pacific during World War II, The Hispanic American population today to honor a fellow Hoosier, Indi- earning eight battle stars while par- has made significant strides in the last ana State Representative, retired farm- ticipating in such historic engage- decade to help strengthen America’s er, teacher, mother and loving wife, ments as the air raids on Wake Island, ideals of democracy, freedom, and op- Claire Leuck, who will be retiring from the strikes against Rabaul and Bou- portunity. We have seen their contribu- the Indiana legislature this year. gainville, the Gilbert Islands invasion

VerDate Sep 04 2002 04:58 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.109 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9843 at Tarawa, the Marshall Islands, the Class Clifford E. Kemmerer, Fireman honorably discharged from Sheboygan, occupation of Aitape and Hollandia in 1st Class Robert F. Walker, Seaman 1st WI in 1961. After his discharge from the New Guinea, the occupation of Saipan, Class John W. Canada, Jr., Seaman 1st Coast Guard, he returned to South Da- the bombardment of Guam, the inva- Class Louie C. Higginbotham, Seaman kota and served with the Bureau of In- sion of the Philippines, the raids 1st Class Lester B. Hodges, Seaman 1st dian Affairs for one year, the Shannon against the Japanese home islands, and Class Harold G. Kelsey, Seaman 1st County School Board for two terms, the invasion of Okinawa. Class George R. Kraisinger, Seaman 1st and the Tribal Council for two terms. On April 11, 1945, Kidd, by then affec- Class William J. Wall, Seaman 1st Dick lent his leadership and good na- tionately known as ‘‘The Pirate of the Class Lawrence Bynog, Fireman 2nd ture to many activities and events Pacific’’, was on patrol and picket duty Class Fredric B. Heaton, Fireman 2nd throughout the Pine Ridge Reserva- off of Okinawa. During a Japanese at- Class Dennis M. Kornowski, Seaman tion. He announced countless ball tack that day a Kamikaze struck Kidd 2nd Class Virgile A. Henson, Seaman games, parades, and rodeos, and was a amidship just above the water line. 2nd Class Charles K. Jenkins, Seaman familiar face at numerous sporting Thirty-eight men were killed and an- 2nd Class Bernard V. Kostelnik, Sea- events over the years. Through his out- other fifty-five were wounded, and Kidd man 2nd Class Arthur Lee, Seaman 2nd standing community involvement in suffered extensive structural damage. Class Russell J. Leonard, Seaman 2nd these, and many other activities, the Notwithstanding these circumstances, Class John Miller, Jr., and Apprentice lives of countless South Dakotans were the crew managed to keep the ship Seaman Darvin R. Lee. enormously enhanced. afloat while returning fire and con- On the eve of the 53rd consecutive One of the most important pieces of tinuing to engage the enemy in the on- gathering of the surviving members of legislation Dick initiated was his bill going attack. Kidd was saved and, fol- the World War II crew of the USS Kidd, to fund reservation nursing homes. El- lowing major repairs, continued to I take to the floor of the Senate to rec- derly Native Americans, living on serve the Nation with distinction for ognize and honor all of the World War South Dakota’s reservations, are often another twenty years. II men of Kidd. By their sacrifices and forced to leave their families to find In the aftermath of World War II, the courageous conduct on April 11, 1945, in nursing home care far from home. Dick surviving men of Kidd did not forget defending their ship and the national believed all South Dakotans deserve their shipmates who perished during interests of the United States, the men the right to convenient quality health that epic conflict. In August of 1949, of the USS Kidd demonstrated excep- care service. Although he did not live just a few years after the end of World tional valor and courage. By their re- to see his dream realized, his work con- War II, survivors of the Kamikaze at- markable determination to keep the tinues to inspire all those who knew tack on Kidd gathered in New York memory of their lost shipmates alive, him. City for the solemn purpose of remem- as demonstrated by their continuing Dick’s legislative achievements were bering and honoring their lost ship- course of conduct over the last fifty- extraordinary, but it was his dedica- mates. Ever since that original gath- three years, the surviving members of tion to helping others that serves as ering in 1949, for fifty-two straight the World War II crew of the USS Kidd his greatest legacy. I am proud to have years, survivors of the World War II at- have brought honor to themselves, to been a friend of Dick and of Mona, his tack on Kidd have traveled from far the United States Navy, and to a grate- deceased wife. Our Nation and South and wide and assembled together to ful Nation that understands better, be- Dakota are far better places because of pay homage to their friends and ship- cause of the conduct of all of these Dick’s life, and while we miss him very mates who died on April 11, 1945. This men, the true meaning of faithful com- much, the best way to honor his life is remarkable unbroken string of remem- mitment and patriotic citizenship. A to emulate his commitment to public brances now extend over half a cen- young sailor myself in 1945, I proudly service and community.∑ tury. ask the Senate to join me in saluting This weekend, the remaining sur- the World War II men of the USS Kidd. f vivors of the World War II crew of the Their deeds and sacrifices are an un- USS Kidd are preparing to gather to- told story that should serve as an in- NATIONAL OSTEOPATHIC gether for their 53rd consecutive an- spiration to all Americans.∑ nual reunion to be held here in the MEDICINE WEEK Washington Metropolitan Area from f ∑ Mr. BOND. Mr. President, October 6– October 4—6, 2002. At that gathering, as HONORING RICHARD ‘‘DICK’’ 12, 2002 is National Osteopathic Medi- in their past gatherings, these men, ac- HAGEN cine, NOM, Week, a week when the na- companied by their families and ∑ Mr. JOHNSON. Mr. President, I am tion’s 49,000 osteopathic physicians, friends, will honor the memory of their saddened to report the passing of one of D.O.s are focused on increasing the departed shipmates. For the benefit of South Dakota’s most exceptional pub- public’s awareness of access to care the historical record, the names of lic leaders, Richard ‘‘Dick’’ Hagen. issues for patients across the nation. those men killed aboard Kidd, heroes Dick was a widely respected leader For almost 25 years now, the Amer- all, were Lieutenant George B. and representative in South Dakota. ican Osteopathic Association, AOA, Grieshaber, Ensign Robert A. Berwick, He served in the State House from 1983 and its members have celebrated the Seaman 1st Class Dorsey C. Bridge- until 2000 and was elected to his first osteopathic medical community’s uni- water, Chief Quartermaster Addison F. term in the State Senate in 2000. He fied effort to educate the nation about Smith, Chief Water Tender Sylvester was greatly admired by his peers for issues influencing the American health W. Hansen, Chief Steward John F. his honesty and unwavering dedication care system. I am especially pleased Hamilton, Gunner’s Mate 1st Class to the people he represented. A member the theme of this year’s NOM Week is Morgan A. Payne, Water Tender 1st of the Oglala Sioux Tribe, Dick strived ‘‘Access to Care.’’ Class James C. Carmody, Water Tender to promote a better understanding of When osteopathic physicians, med- 1st Class Felix P. D’Amico, Machinist Native American culture among his ical students, interns, residents and 2nd Class William M. Abernethy, Water colleagues in the state legislature. His supporters of osteopathic medicine Tender 2nd Class Jack L. Walsh, Sea- tremendous contributions to the com- travel to Las Vegas, NV to attend the man 2nd Class Eugene E. Gothreau, munity and public leadership set him AOA’s 107th Annual Convention and Baker 2nd Class Richard W. Hyde, apart from other outstanding public Scientific Seminar, nearly 8,000 will re- Steward’s Mate 2nd Class Solomon representatives, and lead to a Legis- ceive the latest information on issues Thompson, Steward’s Mate 2nd Class lator of the Year award in 2001 and the impacting patients access to care qual- Charles E. Green, Torpedo Man 3rd West River Legislator of the Year ity and timely health care. The pro- Class Bernard Gutterman, Seaman 3rd award in 2002. gram covers such topics as professional Class Milford A. Faufaw, Electrician’s Dick entered Coast Guard boot camp liability insurance reform, rural Mate 3rd Class James N. Olen, Fireman at Cape May, NJ in 1957. He was sta- health, the uninsured, SCHIP and other 1st Class Charles N. Allwhite, Fireman tioned in Morgan City, LA and later in access to care programs for children, 1st Class Clifford A. Hoeft, Fireman 1st Unimak Island, Alaska before being bioterrorism and mental health.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.101 S02PT1 S9844 CONGRESSIONAL RECORD — SENATE October 2, 2002 I applaud the osteopathic medical ate messages from the President of the age Area in South Carolina, and for other community for emphasizing patient ac- United States submitting a sundry purposes. cess issues, so important to my home nomination which was referred to the H.R. 4851. An act to redesignate the facil- ity of the United States Postal Service lo- state of Missouri and the nation. Committee on Health, Education, cated at 6910 South Yorktown Avenue in Take for example, rural health. Many Labor, and Pensions. Tulsa, Oklahoma, as the ‘‘Robert Wayne Jen- citizens of my home state face limited (The nominations received today are kins Station.’’ availability of health care services in printed at the end of the Senate pro- H.R. 4874. An act to direct the Secretary of their communities. Access to health ceedings.) the Interior to disclaim any Federal interest in lands adjacent to Spirit Lake and Twin care can be established only when med- f ical professionals are available to pro- Lakes in the State of Idaho resulting from vide quality health care. We must do MESSAGE FROM THE HOUSE possible omission of lands from an 1880 sur- vey. more to ensure that all Americans At 3:27 p.m., a message from the H.R. 4944. An act to designate the Cedar have access to timely health care and House of Representatives, delivered by Creek Battlefield and Belle Grove National part of the solution is to place physi- Ms. Niland, one of its reading clerks, Historical Park as a unit of the National cians in rural communities. Let’s not announced that the House has passed Park System, and for other purposes. forget the access to care barriers facing the following bills, in which it requests H.R. 4968. An act to provide for the ex- minority populations, children and the the concurrence of the Senate: change of certain lands in Utah. H.R. 5091. An act to increase the amount of elderly. H.R. 556. An act to prevent the use of cer- student loan forgiveness available to quali- tain bank instruments for unlawful Internet Over the past few years, medical li- fied teachers, and for other purposes. ability premiums have escalated out of gambling, and for other purposes. H.R. 5125. An act to amend the American control causing health care quality, ac- H.R. 2426. An act to encourage the develop- Battlefield Protection Act of 1996 to author- cess, and cost problems. While some ment and integrated use by the public and ize the Secretary of the Interior to establish private sectors of remote sensing and other a battlefield acquisition grant program. states have passed professional liabil- geospatial information, and for other pur- ity insurance (PLI) system reforms, H.R. 5303. poses. H.R. 5460. An act to reauthorize and amend not every state has effective laws in H.R. 3450. An act to amend the Public the Federal Water Project Recreation Act, place. The osteopathic medical commu- Health Service Act to reauthorize and and for other purposes. nity recognizes many states face crit- strengthen the health centers program and H.R. 5472. An act to extend for 6 months ical PLI system problems. National Health Services Corps, and for the period for which chapter 12 of title 11 of For more than a century, D.O.s have other purposes. the United States Code is reenacted. made a difference in the lives and H.R. 3534. An act to provide for the settle- The message also announced that the health of my fellow citizens in Mis- ment of certain land claims of Cherokee, Choctaw, and Chickasaw Nations to the Ar- House has agreed to the following con- souri. I am proud to say that the birth kansas Riverbed in Oklahoma. current resolution, in which it requests of this profession took place in North- H.R. 3802. An act to amend the Education the concurrence of the Senate: west Missouri. Overall, more than 100 Land Grant Act to require the Secretary of H. Con. Res. 291. Concurrent resolution ex- million patient visits are made each Agriculture to pay the costs of environ- pressing the sense of the Congress with re- year to osteopathic physicians. D.O.s mental reviews with respect to conveyances spect to the disease endometriosis. are committed to serving the needs of under that Act. H. Con. Res. 425. Concurrent resolution rural and underserved communities H.R. 3813. An act to modify requirements calling for the full appropriation of the State and make up 15 percent of the total relating to allocation of interest that ac- and tribal shares of the Abandoned Mine crues to the Abandonment Mine Reclama- Reclamation Fund. physician population in towns of 10,000 tion Fund. H. Con. Res. 451. Concurrent resolution rec- or less. H.R. 4013. An act to amend the Public ognizing the importance of teaching United Similar to requirements set for Health Service Act to establish an Office of States history and civics in elementary and M.D.s, D.O.s must successfully com- Rare Diseases at the National Institutes of secondary schools, and for other purposes. plete four years of medical education Health, and for other purposes. H. Con. Res. 484. Concurrent resolution ex- at one of the nation’s 20 osteopathic H.R. 4014. An act to amend the Federal pressing the sense of the Congress regarding medical schools; a one-year internship; Food, Drug, and Cosmetic Act with respect personal safety for children, and for other purposes. and a multi-year residency program. to the development of products for rare dis- eases. The message further announced that Throughout this education, D.O.s are H.R. 4125. An act to make improvements in trained to understand how the mus- the House has passed the following bill, the operation and administration of the Fed- with amendments: culoskeletal system influences the con- eral courts, and for other purposes. dition of all other body systems. Many H.R. 4129. An act to amend the Central S. 434. An act to provide equitable com- patients want this extra knowledge a Utah Project Completion Act to clarify the pensation to the Yankton Sioux Tribe of South Dakota and the Santee Sioux Tribe of part of their health care. Individuals responsibilities of the Secretary of the Inte- rior with respect to the Central Utah Nebraska for the loss of value of certain may call (866) 346–3236 to find a D.O. in lands. their community. Project, to redirect unexpended budget au- thority for the Central Utah Project for The message also announced that the In recognition of NOM Week, I would wastewater treatment and reuse and other House has agreed to the following reso- like to congratulate the over 1,700 purposes, to provide for prepayment of re- lution: D.O.s in Missouri, the 616 students at payment contracts for municipal and indus- H. Res. 566. Resolution stating that the the Kirksville College of Osteopathic trial water delivery facilities, and to elimi- House has heard with profound sorrow of the Medicine, 871 students at the Univer- nate a deadline for such prepayment. death of the Honorable Patsy T. Mink, a sity of Health Sciences College of Os- H.R. 4141. An act to authorize the acquisi- Representative from the State of Hawaii. tion by exchange of lands for inclusion in the teopathic Medicine and the 47,000 D.O.s f represented by the American Osteo- Red Rock Canyon National Conservation Area, Clark County, Nevada, and for other MEASURES REFERRED pathic Association for their contribu- purposes. tions to the good health of the Amer- H.R. 4692. An act to amend the Act entitled The following bills were read the first ican people.∑ ‘‘An Act to Authorize the Establishment of and the second times by unanimous f the Andersonville National Historic Site in consent, and referred as indicated: the State of Georgia, and for other pur- H.R. 556. An act to prevent the use of cer- MESSAGES FROM THE PRESIDENT poses,’’ to provide for the addition of certain tain bank instruments for unlawful Internet Messages from the President of the donated lands to the Andersonville National gambling, and for other purposes; to the United States were communicated to Historic Site. Committee on the Judiciary. the Senate by Ms. Evans, one of his H.R. 4793. An act to authorize grants H.R. 3813. An act to modify requirements through the Centers for Disease Control and secretaries. relating to allocation of interest that ac- Prevention for mosquito control programs to crues to the Abandoned Mine Reclamation f prevent mosquito-borne diseases. Fund; to the Committee on Energy and Nat- EXECUTIVE MESSAGES REFERRED H.R. 4830. An act to direct the Secretary of ural Resources. the Interior to conduct a study of the suit- H.R. 5091. An act to increase the amount of As in executive session the PRE- ability and feasibility of establishing the student loan forgiveness available to quali- SIDING OFFICER laid before the Sen- Southern Campaign of the Revolution Herit- fied teachers, and for other purposes; to the

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.031 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9845 Committee on Health, Education, Labor, and ferred jointly, pursuant to the order of Janu- of Atlantic, Northfield, New Jersey, relative Pensions. ary 30, 1975 as modified by the order of April to the Pledge of Allegiance; to the Com- H.R. 5125. An act to amend the American 11, 1986, to the Committees on Appropria- mittee on the Judiciary. Battlefield Protection Act of 1996 to author- tions; the Budget; Agriculture, Nutrition, POM–349. A resolution adopted by the ize the Secretary of the Interior to establish and Forestry; Armed Services; Banking, Council of the Borough of Hasbrouck a battlefield acquisition grant program; to Housing, and Urban Affairs; Commerce, Heights, New Jersey relative to the Pledge of the Committee on Energy and Natural Re- Science, and Transportation; Energy and Allegiance; to the Committee on the Judici- sources. Natural Resources; Environment and Public ary. H.R. 5460. An act to reauthorize and amend Works; Finance; Foreign Relations; Govern- POM–350. A resolution adopted by the the Federal Water Project Recreation Act, mental Affairs; Health, Education, Labor, Board of Chosen Freeholders of the County and for other purposes; to the Committee on and Pensions; the Judiciary; Rules and Ad- of Warren, Belvidere, New Jersey relative to Energy and Natural Resources. ministration; Small Business and Entrepre- the Pledge of Allegiance; to the Committee neurship; Veterans’ Affairs; Indian Affairs; on the Judiciary. f and Select Committee on Intelligence. POM–351. A resolution adopted by the Council of the City of Douglasville, Georgia MEASURES PLACED ON THE f CALENDAR relative to the Pledge of Allegiance; to the PETITIONS AND MEMORIALS Committee on the Judiciary. The following bill was read the sec- POM–352. A resolution adopted by the ond time, and placed on the calendar: The following petitions and memo- Board of Supervisors of the County of Los S. 3018. A bill amend title XVIII of the So- rials were laid before the Senate and Angeles, California relative to the Pledge of cial Security Act to enhance beneficiary ac- were referred or ordered to lie on the Allegiance; to the Committee on the Judici- cess to quality health care services under the table as indicated: ary. medicare program, and for other purposes. POM–336. A resolution adopted by the POM–353. A resolution adopted by the The following bills were read the first Washington State Board of Accountancy rel- Board of Chosen Freeholders of Ocean City, ative to the regulation and enforcement of New Jersey relative to the Pledge of Alle- and second times by unanimous con- giance; to the Committee on the Judiciary. sent, and placed on the calendar: auditor ethical and technical standards; to the Committee on Banking, Housing, and f H.R. 3450. An act to amend the Public Urban Affairs. Health Service Act to reauthorize and POM–337. A resolution adopted by the City EXECUTIVE REPORT OF strengthen the health centers program and Council of the City and County of Honolulu, COMMITTEE the National Health Service Corps, and for Hawaii relative to restoring veterans’ bene- The following executive reports of other purposes. fits to Filipino veterans of World War II; to H.R. 5472. An act to extend for 6 months the Committee on Veterans’ Affairs. committees were submitted: the period for which chapter 12 of title 11 of POM–338. A resolution adopted by the By Mr. BIDEN, from the Committee the United States Code is reenacted. Rockland County Legislature of the State of on Foreign Relations: f New York relative to the Medicare Aural Re- Treaty Doc. 106–10 1997 AMENDMENT TO habilitation and Hearing Aid Coverage Act of MONTREAL PROTOCOL (Exec. Rept. No. MEASURES READ THE FIRST TIME 2001; to the Committee on Finance. 107–10) The following bills were read the first POM–339. A resolution adopted by the Leg- TEXT OF THE COMMITTEE REC- time: islature of Rockland County, New York rel- ative to the Training of Closed Captioners OMMENDED RESOLUTION OF AD- H.R. 3534. An act to provide for the settle- Act of 2001 and the Training for Realtime VICE AND CONSENT: ment of certain land claims of Cherokee, Writers Act of 2002; to the Committee on Resolved (two-thirds of the Senators present Choctaw, and Chickasaw Nations to the Ar- Commerce, Science, and Transportation. concurring therein), That the Senate advise kansas Riverbed in Oklahoma. POM–340. A resolution adopted by the Leg- and consent to the ratification of the H.R. 4793. An act to authorize grants islature of Rockland County, New York rel- Amendment to the Montreal Protocol on through the Centers for Disease Control and ative to the Helping Children Succeed by Substances that Deplete the Ozone Layer, Prevention for mosquito control programs to Fully Funding the Individuals with Disabil- Adopted at Montreal on September 15–17, prevent mosquito-bome diseases. ities Education Act; to the Committee on 1997, by the Ninth Meeting of the Parties to The following joint resolution was Health, Education, Labor, and Pensions. the Montreal Protocol (Treaty Doc. 106–10). read the first time: POM–341. A resolution adopted by the Lou- Treaty Doc. 106–32 Amendment to isiana Wildlife and Fisheries Commission S.J.Res. 46. Joint resolution to authorize Montreal Protocol (‘‘Beijing Amend- relative to the importation of seafood con- the use of United States Amed Forces taminated with antibiotics; to the Com- ment’’) (Exec. Rept. No. 107–10) against Iraq. mittee on Health, Education, Labor, and TEXT OF THE COMMITTEE REC- f Pensions. OMMENDED RESOLUTION OF AD- POM–342. A House joint resolution adopted VICE AND CONSENT: EXECUTIVE AND OTHER by the General Assembly of the State of COMMUNICATIONS Resolved (two-thirds of the Senators present Maryland relative to HIV/AIDS in the Carib- concurring therein), That the Senate advise The following communications were bean; to the Committee on Health, Edu- and consent to the ratification of the laid before the Senate, together with cation, Labor, and Pensions. Amendment to the Montreal Protocol on accompanying papers, reports, and doc- POM–343. A resolution adopted by the Sen- Substances that Deplete the Ozone Layer, ate of the Commonwealth of Puerto Rico rel- Adopted at Beijing on December 3, 1999, by uments, which were referred as indi- ative to the impact of the military practices cated: the Eleventh Meeting of the Parties to the of the United States Navy on the environ- Montreal Protocol (Treaty Doc. 106–32). EC–9219. A communication from the Dep- ment, natural resources and health on the is- uty Director of the Congressional Budget Of- land municipality of Vieques; to the Com- f… fice, transmitting, pursuant to law, the Se- mittee on Armed Services. questration Update Report for Fiscal Year POM–344. A resolution adopted by the INTRODUCTION OF BILLS AND 2003, referred jointly, pursuant to the order State Guard Association of the United JOINT RESOLUTIONS of January 30, 1975 as modified by the order States relative to the Selective Service; to The following bills and joint resolu- of April 11, 1986, to the Committees on Ap- the Committee on Armed Services. tions were introduced, read the first propriations; the Budget; Armed Services; POM–345. A resolution adopted by the Banking, Housing, and Urban Affairs; Com- Council of the Borough of Fairview of the and second times by unanimous con- merce, Science, and Transportation; Energy State of New Jersey relative to the Pledge of sent, and referred as indicated: and Natural Resources; Environment and Allegiance; to the Committee on the Judici- By Mrs. CLINTON: Public Works; Finance; Foreign Relations; ary. S. 3027. A bill to require that certain proce- Governmental Affairs; the Judiciary; Health, POM–346. A resolution adopted by the dures are followed in Federal buildings when Education, Labor, and Pensions; Small Busi- Board of Aldermen of Boonton, New Jersey a child is reported missing; to the Com- ness and Entrepreneurship; Veterans’ Af- relative to the Pledge of Allegiance; to the mittee on the Judiciary. fairs; Select Committee on Intelligence; In- Committee on the Judiciary. By Mr. SESSIONS (for himself, Mr. dian Affairs; and Rules and Administration. POM–347. A resolution adopted by the City LEAHY, and Mr. GRASSLEY): EC–9220. A communication from the Direc- Commission of Miami, Florida relative to S. 3028. A bill to provide for a creditors’ tor of the Office of Management and Budget, the Pledge of Allegiance; to the Committee committee of employee and retiree rep- Executive Office of the President, transmit- on the Judiciary. resentatives of a debtor in order to protect ting, pursuant to law, the OMB Sequestra- POM–348. A resolution adopted by the pensions of those employees and retirees; to tion Update Report for Fiscal Year 2003, re- Board of Chosen Freeholders of the County the Committee on the Judiciary.

VerDate Sep 04 2002 04:58 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.035 S02PT1 S9846 CONGRESSIONAL RECORD — SENATE October 2, 2002 By Mr. KENNEDY: ness establishments that have not imple- BROWNBACK) was added as a cosponsor S. 3029. A bill to amend title IX of the Pub- mented such program to consider doing so; of S. 1860, a bill to reward the hard lic Health Service Act to provide for the im- to the Committee on the Judiciary. work and risk of individuals who provement of patient safety and to reduce f choose to live in and help preserve the incidence of accidental medical injury; to the Committee on Health, Education, ADDITIONAL COSPONSORS America’s small, rural towns, and for other purposes. Labor, and Pensions. S. 710 By Mr. DEWINE (for himself and Mr. S. 1967 At the request of Mr. KENNEDY, the VOINOVICH): At the request of Mr. KERRY, the name of the Senator from Pennsyl- S. 3030. A bill to designate the Federal name of the Senator from Arizona (Mr. vania (Mr. SPECTER) was added as a co- building and United States courthouse lo- MCCAIN) was added as a cosponsor of S. sponsor of S. 710, a bill to require cov- cated at 200 West 2d Street in Dayton, Ohio, 1967, a bill to amend title XVIII of the as the ‘‘Tony Hall Federal Building and erage for colorectal cancer screenings. Social Security Act to improve out- United States Courthouse’’; to the Com- S. 724 mittee on Environment and Public Works. patient vision services under part B of At the request of Mr. BOND, the name the medicare program. By Mr. BAUCUS (for himself, Mr. of the Senator from Missouri (Mrs. CRAPO, Mr. WARNER, and Mr. CRAIG): S. 2067 CARNAHAN) was added as a cosponsor of S. 3031. A bill to amend title 23, United At the request of Mr. BINGAMAN, the S. 724, a bill to amend title XXI of the States Code, to reduce delays in the develop- name of the Senator from Rhode Island Social Security Act to provide for cov- ment of highway and transit projects, and (Mr. CHAFEE) was added as a cosponsor erage of pregnancy-related assistance for other purposes; to the Committee on En- of S. 2067, a bill to amend title XVIII of vironment and Public Works. for targeted low-income pregnant the Social Security Act to enhance the By Mr. SARBANES (for himself, Mr. women. DEWINE, Mrs. CLINTON, Mr. DODD, and access of medicare beneficiaries who S. 885 Mr. KERRY): live in medically underserved areas to S. 3032. A bill to amend the Microenter- At the request of Mr. HUTCHINSON, critical primary and preventive health prise for Self-Reliance Act of 2000 and the the name of the Senator from Hawaii care benefits, to improve the Foreign Assistance Act of 1961 to increase as- (Mr. INOUYE) was added as a cosponsor Medicare+Choice program, and for sistance for the poorest people in developing of S. 885, a bill to amend title XVIII of other purposes. countries under microenterprise assistance the Social Security Act to provide for S. 2072 programs under those Acts, and for other national standardized payment At the request of Mr. CORZINE, the purposes; to the Committee on Foreign Rela- amounts for inpatient hospital services name of the Senator from Louisiana tions. furnished under the medicare program. By Mr. HUTCHINSON: (Ms. LANDRIEU) was added as a cospon- S. 3033. A bill to amend the Public Health S. 917 sor of S. 2072, a bill to amend title XIX Service Act to establish an electronic sys- At the request of Ms. COLLINS, the of the Social Security Act to provide tem for practitioner monitoring of the dis- name of the Senator from Missouri States with the option of covering in- pensing of any schedule II, III, or IV con- (Mr. BOND) was added as a cosponsor of tensive community mental health trolled substance, and for other purposes; to S. 917, a bill to amend the Internal the Committee on Health, Education, Labor, treatment under the Medicaid Pro- Revenue Code of 1986 to exclude from gram. and Pensions. gross income amounts received on ac- By Mr. JOHNSON (for himself and Mr. S. 2082 count of claims based on certain un- CARPER): At the request of Mr. HATCH, the S. 3034. A bill to facilitate check trunca- lawful discrimination and to allow in- name of the Senator from Massachu- come averaging for backpay and tion by authorizing substitute checks, to fos- setts (Mr. KENNEDY) was added as a co- ter innovation in the check collection sys- frontpay awards received on account of sponsor of S. 2082, a bill to modify the tem without mandating receipt of checks in such claims, and for other purposes. application of the antitrust laws to electronic form, and to improve the overall S. 1022 efficiency of the Nation’s payments system, permit collective development and im- At the request of Mr. WARNER, the and for other purposes; to the Committee on plementation of a standard contract Banking, Housing, and Urban Affairs. name of the Senator from New Mexico form for playwrights for the licensing By Mr. HUTCHINSON: (Mr. DOMENICI) was added as a cospon- of their plays. S. 3035. A bill to prohibit the sale of to- sor of S. 1022, a bill to amend the Inter- S. 2215 bacco products through the Internet or other nal Revenue Code of 1986 to allow Fed- At the request of Mrs. BOXER, the indirect means to underage individuals, to eral civilian and military retirees to name of the Senator from Oregon (Mr. ensure the collection of all cigarette taxes, pay health insurance premiums on a and for other purposes; to the Committee on WYDEN) was added as a cosponsor of S. pretax basis and to allow a deduction 2215, a bill to halt Syrian support for the Judiciary. for TRICARE supplemental premiums. By Mr. LIEBERMAN (for himself, Mr. terrorism, end its occupation of Leb- WARNER, Mr. BAYH, Mr. MCCAIN, Mr. S. 1140 anon, stop its development of weapons MCCONNELL, Mr. DOMENICI, Mr. At the request of Mr. HATCH, the of mass destruction, cease its illegal HUTCHINSON, Ms. LANDRIEU, Mr. AL- name of the Senator from Michigan importation of Iraqi oil, and by so LARD, Mr. HELMS, and Mr. MILLER): (Ms. STABENOW) was added as a cospon- doing hold Syria accountable for its S.J. Res. 46. A joint resolution to authorize sor of S. 1140, a bill to amend chapter role in the Middle East, and for other the use of United States Armed Forces 1 of title 9, United States Code, to pro- against Iraq; read the first time. purposes. By Mr. KENNEDY (for himself and Mr. vide for greater fairness in the arbitra- S. 2246 GRAHAM): tion process relating to motor vehicle At the request of Mr. DODD, the name S.J. Res. 47. A joint resolution approving franchise contracts. of the Senator from Maryland (Mr. the location of the commemorative work in S. 1140 SARBANES) was added as a cosponsor of the District of Columbia honoring former At the request of Mr. BUNNING, his S. 2246, a bill to improve access to President John Adams; to the Committee on name was added as a cosponsor of S. printed instructional materials used by Energy and Natural Resources. 1140, supra. blind or other persons with print dis- f S. 1761 abilities in elementary and secondary SUBMISSION OF CONCURRENT AND At the request of Mr. DORGAN, the schools, and for other purposes. SENATE RESOLUTIONS name of the Senator from Arkansas S. 2528 (Mrs. LINCOLN) was added as a cospon- The following concurrent resolutions At the request of Mr. DOMENICI, the sor of S. 1761, a bill to amend title name of the Senator from Louisiana and Senate resolutions were read, and XVIII of the Social Security Act to referred (or acted upon), as indicated: (Ms. LANDRIEU) was added as a cospon- provide for coverage of cholesterol and sor of S. 2528, a bill to establish a Na- By Mrs. CLINTON: blood lipid screening under the medi- tional Drought Council within the Fed- S. Res. 332. A resolution recognizing the care program. ‘‘Code Adam’’ child safety program, com- eral Emergency Management Agency, mending retail business establishments that S. 1860 to improve national drought prepared- have implemented programs to protect chil- At the request of Mr. DORGAN, the ness, mitigation, and response efforts, dren from abduction, and urging retail busi- name of the Senator from Kansas (Mr. and for other purposes.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.043 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9847 S. 2547 winners to pursue alternative measures Maryland (Ms. MIKULSKI), the Senator At the request of Mr. BINGAMAN, the required in the public interest to meet from Washington (Ms. CANTWELL), the name of the Senator from New York the needs of wireless telecommuni- Senator from Illinois (Mr. DURBIN), the (Mrs. CLINTON) was added as a cospon- cations consumers. Senator from Louisiana (Ms. sor of S. 2547, a bill to amend title S. 2969 LANDRIEU), the Senator from Maryland XVIII of the Social Security Act to At the request of Mr. CRAIG, his name (Mr. SARBANES), the Senator from New provide for fair payments under the was added as a cosponsor of S. 2969, a York (Mr. SCHUMER) and the Senator medicare hospital outpatient depart- bill to provide for improvement of Fed- from West Virginia (Mr. ROCKEFELLER) ment prospective payment system. eral education research, statistics, were added as cosponsors of S. Con. S. 2583 evaluation, information, and dissemi- Res. 142, a concurrent resolution ex- pressing support for the goals and ideas At the request of Mrs. CLINTON, the nation, and for other purposes. of a day of tribute to all firefighters name of the Senator from Illinois (Mr. S. 2990 who have died in the line of duty and DURBIN) was added as a cosponsor of S. At the request of Mr. BINGAMAN, the recognizing the important mission of 2583, a bill to amend title 38, United names of the Senator from South Da- the Fallen Firefighters Foundation in States Code, to require the Secretary kota (Mr. DASCHLE) and the Senator assisting family members to overcome of Veterans Affairs in the management from New Jersey (Mr. CORZINE) were the loss of their fallen heroes. of health care services for veterans to added as cosponsors of S. 2990, a bill to place certain low-income veterans in a provide for programs and activities to f higher health-care priority category. improve the health of Hispanic individ- STATEMENTS ON INTRODUCED S. 2613 uals, and for other purposes. BILLS AND JOINT RESOLUTIONS At the request of Mr. LIEBERMAN, the S. 3013 By Mr. SESSIONS (for himself, YL name of the Senator from Maryland At the request of Mr. K , the names Mr. LEAHY, and Mr. GRASSLEY): (Mr. SARBANES) was added as a cospon- of the Senator from California (Mrs. S. 3028. A bill to provide for a credi- sor of S. 2613, a bill to amend section FEINSTEIN) and the Senator from New tors’ committee of employee and re- 507 of the Omnibus Parks and Public Jersey (Mr. TORRICELLI) were added as tiree representatives of a debtor in Lands Management Act of 1996 to au- cosponsors of S. 3013, a bill to amend order to protect pensions of those em- thorize additional appropriations for the Balanced Budget Act of 1997 to ex- ployees and retirees; to the Committee historically black colleges and univer- tend and modify the reimbursement of on the Judiciary. sities, to decrease the cost-sharing re- State and local funds expended for Mr. SESSIONS. Mr. President, I rise quirement relating to the additional emergency health services furnished to today to introduce the Employee Pen- appropriations, and for other purposes. undocumented aliens. sion Bankruptcy Protection Act of S 3018 S. 2645 . 2002. Today, when a company declares At the request of Mr. BAUCUS, the bankruptcy, it is often the employees At the request of Mrs. FEINSTEIN, the name of the Senator from Kentucky names of the Senator from New Mexico and retirees who suffer. They suffer be- (Mr. BINGAMAN), the Senator from Ari- cause they often lose their hard earned (Mr. MCCONNELL) was added as a co- sponsor of S. 2645, a bill to establish zona (Mr. KYL), the Senator from West pensions and retirement benefits dur- the Director of National Intelligence as Virginia (Mr. ROCKEFELLER) and the ing the bankruptcy process. This is head of the intelligence community, to Senator from Vermont (Mr. JEFFORDS) simply not right. When Americans lose the pensions and benefits that they modify and enhance authorities and re- were added as cosponsors of S. 3018, a have worked a lifetime to earn, it is sponsibilities relating to the adminis- bill to amend title XVIII of the Social the responsibility of the members of tration of intelligence and the intel- Security Act to enhance beneficiary access to quality health care services this body to act to protect them. ligence community, and for other pur- Under current law, the pension fund poses. under the medicare program, and for other purposes. is technically the ‘‘creditor’’ of the cor- S. 2674 S. RES. 270 poration, not the employees and retir- At the request of Mr. BROWNBACK, the At the request of Mr. CAMPBELL, the ees. Thus, in court, employees and re- name of the Senator from Tennessee name of the Senator from Arkansas tirees of a bankrupt corporation have (Mr. FRIST) was added as a cosponsor of (Mrs. LINCOLN) was added as a cospon- their interests in their pensions rep- S. 2674, a bill to improve access to sor of S. Res. 270, a resolution desig- resented by the pension plan trustee. If health care medically underserved nating the week of October 13, 2002, the pension fund itself is threatened areas. through October 19, 2002, as ‘‘National with insolvency, the Pension Benefit S. 2793 Cystic Fibrosis Awareness Week.’’ Guaranty Corporation, PBGC, can step in. While PBGC often covers most of At the request of Mr. ENSIGN, the S. RES. 307 the pension obligation, the statutory name of the Senator from Arkansas At the request of Mr. TORRICELLI, the (Mr. HUTCHINSON) was added as a co- names of the Senator from Pennsyl- limits can sometimes leave a signifi- cant amount of pension benefits un- sponsor of S. 2793, a bill to improve pa- vania (Mr. SPECTER) and the Senator paid. If employees and retirees are not tient access to health care services and from Louisiana (Ms. LANDRIEU) were satisfied with how the pension plan provide improved medical care by re- added as cosponsors of S. Res. 307, a trustee or PGGC is representing their ducing the excessive burden the liabil- resolution reaffirming support of the interests, current law provides no re- ity system places on the health care Convention on the Prevention and Pun- lief. There is no day in court for the delivery system. ishment of the Crime of Genocide and people who earned the pensions in the S. 2816 anticipating the commemoration of first place. At the request of Mr. BAUCUS, the the 15th anniversary of the enactment This problem has only recently been names of the Senator from Colorado of the Genocide Convention Implemen- brought to my attention by Mr. John (Mr. ALLARD) and the Senator from Or- tation Act of 1987 (the Proxmire Act) Nichols of Gadsden, AL, and his son, egon (Mr. SMITH) were added as cospon- on November 4, 2003. Phil, an attorney in Birmingham. The sors of S. 2816, a bill to amend the In- S. RES. 321 orderal faced by Mr. Nichols is a prime ternal Revenue Code of 1986 to improve At the request of Mr. CAMPBELL, the example of why employees and retirees tax equity for military personnel, and name of the Senator from Washington need more representation before the for other purposes. (Ms. CANTWELL) was added as a cospon- bankruptcy court. Mr. Nichols spent S. 2869 sor of S. Res. 321, a resolution com- his entire career at a steel plant in At the request of Mr. KERRY, the memorating the 30th Anniversary of Gadsden. He began working for Repub- names of the Senator from Pennsyl- the Founding of the American Indian lic Steel in 1956 and stayed with the op- vania (Mr. SANTORUM) and the Senator Higher Education Consortium (AIHEC). eration through a buyout by LTV Steel from Idaho (Mr. CRAPO) were added as S. CON. RES. 142 and two subsequent ownership changes. cosponsors of S. 2869, a bill to facilitate At the request of Mr. SMITH of Or- When LTV bought out Mr. Nichols’ the ability of certain spectrum auction egon, the names of the Senator from employer, LTV Steel took over the

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.050 S02PT1 S9848 CONGRESSIONAL RECORD — SENATE October 2, 2002 monthly pension payments guaranteed should be heard before the assets of a A study published September 9 by the to the former employees and retirees of bankrupt corporation are split up Archives of Internal Medicine also con- Republic Steel, including Mr. Nichols. among creditors and gone forever. cluded that medication errors occur in Soon after the takeover, however, LTV They deserve to have their day in one of every five does administered to filed for bankruptcy, claiming that it court. hospital patients. The magnitude of could no longer make pension pay- The Employee Pension Bankruptcy these costly and life-threatening mis- ments to Republic Steel’s former em- Protection Act of 2002 seeks to make takes is astonishing, and calls for im- ployees. PBGC, initially stepped in to sure that what happened to the retirees mediate improvement. help make a small part of the pension of Republic Steel in Gadsden, Alabama, We can and should do better for our payments, but LTV eventually stopped will never happen again. By passing citizens. Americans deserve the highest making payments at all. this legislation we can ensure that em- quality health care, yet these errors Because all the payments LTV had ployees and retirees will never be de- put everyone at risk of unnecessary been making were not guaranteed by prived of their pensions without having harm. This legislation raises patient the PBGC, the long awaited pension their day in court. While a company safety to the national priority it de- payments earned by Mr. Nichols and by may still be able to discharge its obli- serves, and assures America’s patients Republic Steel’s other loyal employees gation to pay pensioners in bank- that they can expect high quality were severely reduced. Mr. Nichols’ ruptcy, this bill at least takes the first health care when they are sick or in- pension payments went from approxi- modest step to protection pensions by jured. mately $2,225 per month to approxi- providing them the opportunity to be To accomplish this goal, or legisla- mately $675 per month—only 30 percent part of the bankruptcy bargaining tion requires comprehensive action. of what he had been promised. A third process. Before the bankruptcy court The IOM concluded that improvements of this payment now covers Mr. Nich- sells assets or adopts a plan of reorga- will require sweeping, systemic ols’ health insurance premium that he nization, the employees and retirees changes in our health care system. IOM can no longer purchase through LTV, will be heard with respect to their pen- made numerous, sensible recommenda- leaving him with only 20 percent of his sions. This is only fair. tions, which are fully addressed by the promised pension each month. I strongly urge my colleagues in the Patient Safety Improvement and Med- Because PBGC could only pay the re- Senate to support this bill and to work ical Injury Reduction Act. tirees the amount the statute allowed, with me to further ensure that employ- The overwhelming majority of errors and because no one had the responsi- ees and retirees of corporations are are caused by flaws in the health care bility of telling bankruptcy court what fairly treated and protected under the system, not the outright negligence of was happening to the retirees of Repub- United States Bankruptcy Code. individual doctors and nurses. Our hos- pitals, doctors, nurses, and other lic Steel, large portions of hard earned By Mr. KENNEDY: pensions were lost. PBGC itself recog- S. 3029. A bill to amend title IX of the health care providers want to do the nized that the claims of the pensioners Public Health Service Act to provide right thing. The bill gives the health against LTV, ‘‘are among the many for the improvement of patient safety care community the tools to identify claims that will probably never be and to reduce the incidence of acci- the causes of medical errors, the re- paid, except perhaps in cents on the dental medical injury; to the Com- sources to develop strategies to pre- dollar’’ and stated that PBGC’s claims mittee on Health, Education, Labor, vent them, and the encouragement to against LTV for the pension plan and Pensions. implement those solutions. underfunding were perhaps ‘‘[t]he larg- Mr. KENNEDY. Mr. President, I am A key concern addressed by this leg- est of these claims [that will go pleased to introduce today ‘‘The Pa- islation is to allow doctors and other upaid].’’ tient Safety Improvement and Medical health professionals to share informa- During LTV’s bankruptcy case, var- Injury Reduction Act.’’ This legislation tion regarding best practices and les- ious creditors were represented before will protect patients and save lives. It sons learned from their mistakes with- the bankruptcy court, but not the em- will do more for public health than a out fear of winding up in court. At the ployees and retirees. Thus, when the breakthrough new drug or a new ther- same time, medical professionals and assets of LTV were divided among its apy for deadly disease. The bill does hospitals that injure patients through creditors, employees and the retirees this by providing a comprehensive plan their negligence should still be held ac- were not at the table. If the employees to greatly reduce medical errors, pro- countable in court, just as they are and retirees had had an opportunity to mote a culture of greater patient safe- today. make their case before the bankruptcy ty and provider accountability, and im- To balance these competing con- judge, the result could have been dif- prove the quality of medical care in cerns, our legislation allows reports ferent for Mr. Nichols and for the other the United States. and analyses created under a new sys- employees of Republic Steel. As the Institute of Medicine, IOM, tem of information-sharing between The bill I introduce today does one concluded in its landmark 1999 study, providers, patient safety organizations very simple thing, it gives employees medical errors kill up to 98,000 people and a newly established National Pa- and retirees the right to be heard be- in U.S. hospitals every year. That tient Safety Database, to be immune fore the bankruptcy court with respect means that more Americans die from from legal discovery. Health care pro- to their pensions. Under this bill, a rep- medical mistakes each year than from fessionals who submit reports to the resentative of the employee and retir- AIDS, breast cancer or highway acci- programs would also be protected ees can appear and be heard if it is dents. In fact, each day, more than 250 against discrimination in the work- likely that the employee benefit pen- people die because of medical mistakes, place for participating in the reporting sion plan of the bankrupt corporation the equivalent of a major airplane systems. will be terminated or substantially un- crash every day. By the same token, however, this derfunded and if it is possible that the Other studies support the IOM’s new system will not become a shield to beneficiaries of the plan will be ad- shocking conclusions. hide medical negligence. As a result, versely affected. A Commonwealth Fund survey this this legislation continues current law By allowing employees and retirees year found that 22 percent of respond- when it comes to those elements of pa- to be hard before the bankruptcy court, ents reported that they or a family tients’ medical records that have noth- we will ensure that the bankruptcy member had experienced a medical ing to do with the patient safety im- court hears from the people who earned error of some kind. About 10 percent provements contemplated by the Act. the pensions before it disposes of the reported that they or a family member Nor would the privilege apply to such assets that could pay those pensions. grew sicker as a result of a mistake information merely because it is re- Employees and retirees will be able to made at a doctor’s office or in a hos- ported to a patient safety organization argue to the court that any division of pital, and 16 percent were given the or the National Patient Safety Data- assets or bankruptcy plan must be fair wrong medication or wrong dose when base. Just as importantly, the new to the pensioners. The needs of the cor- filling a prescription at a pharmacy or privilege would not affect compliance poration’s employees and retirees while hospitalized. with State accountability systems.

VerDate Sep 04 2002 04:58 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.051 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9849 Consistent with the IOM rec- The people of Ohio and the American efforts and achievements and to thank ommendations, the Act also creates a people can be proud of and thankful for him for his commitment to the people new Center for Quality Improvement the many years TONY HALL has served of Ohio and this Nation. I urge my col- and Patient Safety in the Agency for in the United States Congress. I’ve had leagues to support this bill to honor Healthcare Research and Quality to the privilege of working closely with our good friend and statesman, TONY promote patient safety. The Center him since my early days in the House HALL. would conduct and support research on nearly 20 years ago. He has been a valu- I ask unanimous consent that the medical errors, certify learning-based able legislator and a real statesman. text of the bill to designate the Federal patient safety organizations around Over the years, he has worked tire- building and United States courthouse the country, administer the voluntary lessly on behalf of the people of Mont- located at 200 West 2nd Street in Day- National Patient Safety Database, and gomery County and throughout Ohio. ton, Ohio, as the ‘‘Tony Hall Federal disseminate evidence-based practices TONY HALL comes from a family rich Building and United States Court- and other error reduction and preven- in devotion to public service and dedi- house’’ be printed in the RECORD. tion strategies to health care pro- cation to Ohio. His father, in fact, once There being no objection, the bill was viders, purchasers and the public. Re- served as Dayton’s Republican mayor. ordered to be printed in the RECORD, as ports submitted would be analyzed to A graduate of Fairmont High School in follows: identify systemic faults that led to the Kettering and Denison University in S. 3030 errors and solutions to prevent future Granville, where he was an all-star Be it enacted by the Senate and House of Rep- similar errors. The Act would also cre- tailback on the football team, TONY resentatives of the United States of America in ate a ‘‘learning laboratory’’ under the served in the Ohio House from 1969– Congress assembled, Center for focused study of errors and 1972, in the Ohio Senate from 1973–1978, SECTION 1. DESIGNATION. their correction in select health care and as Dayton’s Congressman since The Federal building and United States facilities. January 1979. courthouse located at 200 West 2d Street in The IOM also highlighted medication A devoted husband to his wife, Janet, Dayton, Ohio, shall be known and designated errors as a ‘‘high priority area for all and a dedicated father to Jyl and Matt, as the ‘‘Tony Hall Federal Building and United States Courthouse’’. health care organizations’’ and rec- the entire HALL family struggled val- ommended the use of computerized iantly alongside Matt as he fought an SEC. 2. REFERENCES. unsuccessful battle against leukemia Any reference in a law, map, regulation, physician order entry systems and ad- document, paper, or other record of the vanced prescribing software to screen that ended in 1996. United States to the Federal building and for inappropriate doses, allergies, and My wife, Fran, and I are proud to United States courthouse referred to in sec- drug interactions. The Act would pro- have worked over two decades with tion 1 shall be deemed to be a reference to vide funding and uniform standards for TONY and Janet on humanitarian ef- the ‘‘Tony Hall Federal Building and United the implementation of such systems, as forts and other causes that bridge States Courthouse’’. well as grants for community partner- across the political aisle. TONY, who ships for health care improvement. served in the Peace Corps in 1966 and By Mr. BAUCUS (for himself, Mr. As widespread and serious as the 1967, has been an unmatched advocate CRAPO, Mr. WARNER, and Mr. problem of medical errors is, it can be for the needy, the poor, the hungry, CRAIG): solved by a national commitment of re- and the oppressed across Ohio, our Na- S. 3031. A bill to amend title 23, solve and resources. Improvements are tion, and the world. United States Code, to reduce delays in clearly possible. The field of anesthesia TONY has been singularly responsible the development of highway and tran- undertook such an effort almost twen- for much of the world’s continued, fo- sit projects, and for other purposes; to ty years ago. Today, the number of fa- cused attention on the serious hunger the Committee on Environment and talities from errors in administering issues worldwide. His involvement in a Public Works. anesthesia has dropped 98 percent. 22-day hunger strike in 1989, forced the Mr. BAUCUS. Mr President, I rise Our goal should be to achieve equal Department of Agriculture and the today to introduce the MEGA or even greater success in reducing World Bank to call conferences on hun- STREAM ACT. Maximizing Economic other types of medical mistakes. This ger, which ultimately resulted in the Growth for America through Environ- legislation lays the foundation to creation of the Congressional Hunger mental Streamlining. achieve this goal. I look forward to Center. Moving goods and moving people is working with my colleagues and with I’m proud to have worked with TONY what this Nation’s transportation sys- interested Members of the House of on several humanitarian initiatives tem is all about. The backbone of our Representatives in enacting the Pa- through the years from Africa Seeds of economy. But delays in completing tient Safety Improvement and Medical Hope to the Global Food for Education transportation projects threaten our Injury Reduction Act. Act to the Microenterprise for Self-Re- economy. liance Act to the Clean Diamond Act of These delays add to the cost of By Mr. DEWINE (For himself and 2001. projects and deny the public the bene- Mr. VOINOVICH): We also share a commitment to the fits of the projects. And those benefits S. 3030. A bill to designate the Fed- yet unborn. A staunch pro-life Demo- are substantial, improving our econ- eral building and United States court- crat, Congressman HALL was respon- omy, our competitiveness, and our house located at 200 West 2d Street in sible for language in the Democratic quality of life. Unfortunately, there are Dayton, Ohio, as the ‘‘Tony Hall Fed- National Committee platform respect- delays for many projects, not only for eral Building and United States Court- ing the beliefs of those within his party controversial or complex projects, and house’’; to the Committee on Environ- who wished to protect the sanctity of those delays sometimes result from the ment and Public Works. life. environmental review process. Mr. DEWINE. Mr. President, I rise I also have had the pleasure of work- My goal is to advance a common today, along with my friend and col- ing with TONY HALL on several projects sense approach that will both strength- league from Ohio, Senator VOINOVICH, important to the Miami Valley area of en our transportation system and sup- to introduce a bill to name the federal Ohio. We share a passion for the avia- port for our environmental laws. building in Dayton, OH, after Congress- tion heritage of the Wright Brothers in I doubt that there is a member in man TONY HALL. Dayton and have worked together to this chamber that has not heard com- This bill is a fitting tribute to TONY protect and preserve the monuments to plaints about delays in developing HALL, a tireless and dedicated public the Wright Brothers legacy. And, we’ve transportation projects. servant, who will be greatly missed in also worked together on issues to build I was privileged to be one of the au- the United States Congress upon his re- the unique resources of Wright Patter- thors of TEA 21 a revolutionary trans- tirement. I am confident that he will son Air Force base, as well. portation law. I helped write sections continue his commitment to public Today, it is a pleasure to take this 1308 and 1309. These are the sections service as our U.S. Ambassador to the opportunity to join Senator VOINOVICH that direct the Secretary of Transpor- U.N.’s food and agriculture agencies. to honor TONY HALL’s many legislative tation to find ways to expedite the

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.069 S02PT1 S9850 CONGRESSIONAL RECORD — SENATE October 2, 2002 project approval process and get con- So the DOT solicited comments, a great start. The bill we will introduce struction underway faster. which I understand were overwhelm- will be a solid beginning to Congress I remember working with Senators ingly negative, and went back to the setting some specific guidelines for ex- WARNER, GRAHAM, WYDEN and CHAFEE drawing board and we never heard from pediting the planning and environ- and with the House members to come them again. Even when a new Presi- mental review processes. to a compromise on the environmental dent took over. New administration. Once again, I want to reiterate that I streamlining provisions included in No new rules. want to make sure that environmental TEA 21. And today we have nothing. We’re ex- laws and policies are obeyed to the let- At the time, I had heard from my De- actly where we were in 1998. ter. But, there’s got to be a faster, easi- partment of Transportation and from As for sections 1308 and 1309. Nothing er way to do the work that needs to be others about how cumbersome a proc- has been done to implement them. Its done on our surface transportation sys- ess it is to come to completion on a just as cumbersome today to bring a tem, while continuing to protect the highway project. Everyone who worked highway project to completion. environment. on TEA 21 both the House and Senate, The Senate Environment and Public I believe our bill will be a means to wanted to include a direction to the Works Committee held 4 hearings on those ends. USDOT to streamline the planning and the subject of environmental stream- project development processes for the lining since the passage of TEA 21 in By Mr. SARBANES (for himself, states. 1998. Mr. DEWINE, Mrs. CLINTON, Mr. We were very clear, the environment A few weeks ago, on the eve of the DODD, and Mr. KERRY): and the environmental reviews should fourth EPW hearing, the President S. 3032. A bill to amend the Micro- NOT get short shrift! But, we needed to signed an Executive Order calling for a enterprise for Self-Reliance Act of 2000 find a way to make it easier to get a handful of projects to be supervised by and the Foreign Assistance Act of 1961 project done, eliminate unnecessary the heads of USDOT and CEQ. The to increase assistance for the poorest delays, move faster and with as little highest levels would personally make people in developing countries under paperwork as possible. sure that there were timely environ- microenterprise assistance programs I cannot over-emphasize that the mental reviews. under those Acts, and for other pur- planning and environmental provisions That would have been a good start in poses; to the Committee on Foreign of TEA–21 need to be implemented in a 1998. But, its too little too late now. Relations. We are on the verge of reauthoriza- way that will streamline and expedite, Mr. SARBANES. Mr. President, I rise tion of TEA 21. This time, I would like not complicate, the process of deliv- to introduce legislation to amend the to see us specifically legislate environ- ering transportation projects. Microenterprise for Self-Reliance Act These projects that we’re trying to mental streamlining. No waiting for of 2000 and the Foreign Assistance Act expedite provide good paying jobs for regulations or more executive orders. of 1961 to increase assistance for poor the folks in Montana and for every Congress needs to be clear about what people in developing countries under State. Contracts must be met in a they want to see and put it into law. microenterprise assistance programs. I timely manner. To that end, along with Senator am joined in this effort by my col- That is why Congress directed the CRAPO and others, I am introducing a leagues, Senator DEWINE of Ohio, Sen- USDOT to include certain elements in proposal on environmental stream- ator CLINTON of New York, Senator their regulations on streamlining. lining. It is part of a series of bills that DODD of Connecticut, and Senator We included concepts to be incor- we are introducing on highway reau- KERRY of Massachusetts. porated—like concurrent environ- thorization. mental reviews by agencies and reason- This bill will address three issues. Microenterprises play a critical role able deadlines for the agencies to fol- First, the USDOT needs to be the in helping poor people the world over low when completing their reviews. lead agency on at least two require- raise their incomes, build assets, start Certainly we did not legislate an easy ments, ‘‘Purpose and Need’’ for a new businesses, and improve their task to the USDOT. Trying to coordi- project and ‘‘Scope of Alternatives.’’ lives. Access to microenterprise loans nate so many separate agencies is like This will make sure that any stale- and services with the attendant obliga- trying to herd cats. mates are resolved quickly. tions allows poor people to establish The whole concept of environmental Second, we should allow States to good credit, engage in commerce, and streamlining, that is, to make the per- take over the role of the USDOT if begin to lift themselves out of poverty. mit and approval process work more they can meet certain requirements The U.S. Government has been the smoothly and effectively, while still and if they choose to take on that role. leading donor for microenterprise de- ensuring protection of the environ- This will eliminate another step of bu- velopment over the past two decades. ment, is one of the more-difficult chal- reaucracy. In collaboration with diverse partner lenges of TEA–21. Last, we must ensure that resource institutions like PVOs, private vol- So I waited for the rules to come out. agencies act in a timely manner. When untary organizations, U.S. support, pri- And waited. And two years after the it comes time for an agency like Fish marily through USAID, for microenter- passage of TEA–21 I finally got them. and Wildlife to assess the extent of prise activities enables over 2 million I have to tell you, I was very dis- damage (if any) to a wetlands or the people throughout the developing appointed when those rules came out in Army Corps of Engineers to issue a per- world to have access to microfinance May of 2000. I believe those regulations mit, these agencies shouldn’t be able to services. hit very far from the mark. take years to make these decisions. The legislation I am introducing Those regulations were supposed to We need to legislate specific time today authorizes $175 million in fiscal help the State DOTS get their jobs limits for them to follow. No answer at year 03 and $200 million in fiscal year done better and more efficiently—not all is not acceptable. It is unacceptable 04 for microenterprise assistance, an make their jobs harder. for agencies to sit on their decision for increase over the $155 million author- They were supposed to answer ques- years. We can’t make them issue the ization level in fiscal year 02. tions—but what is contained in those permit and we don’t want to, but we The other provisions of this legisla- documents raises even more questions can make them make a decision in a tion include a reaffirmation of the pro- than before because they were vague timely manner. vision in the Microenterprise for Self- where they needed to be precise. The rest of the world works on dead- Reliance Act of 2000 stipulating that 50 Those proposed rules would make it lines. They can too. percent of all microenterprise assist- even harder, if not impossible to come These three things will help to expe- ance shall be targeted to the very poor. to a decision. dite the planning and project develop- The term ‘‘very poor’’ has been defined It would have been even more dif- ment processes. in the new legislation as those living in ficult for States to deliver their pro- These three things are not meant to the bottom 50 percent below the pov- grams. Contracts wouldn’t get met and be comprehensive streamlining, but I erty line established by their respec- jobs would be lost. believe that they will be a big help and tive national governments, or on less

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.144 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9851 than $1 a day. The legislation also pro- (B) by striking ‘‘the poorest of the poor’’ ‘‘SEC. 108. MICROENTERPRISE DEVELOPMENT vides that the microenterprise pro- and inserting ‘‘the very poor’’; and CREDITS.’’. (C) by striking the period at the end and SEC. 3. AMENDMENTS TO THE MICROENTER- grams should target both rural and PRISE DEVELOPMENT GRANT AS- urban poor. inserting ‘‘; and’’; and (4) by adding at the end the following: SISTANCE PROGRAM UNDER THE Ensuring that 50 percent of all micro- FOREIGN ASSISTANCE ACT OF 1961. ‘‘(6) to ensure that in the implementation enterprise assistance is targeted to the of this title at least 50 percent of all micro- (a) FINDINGS AND POLICY.—Section 131(a) of very poor has been problematic. This enterprise assistance under this title, and the Foreign Assistance Act of 1961 (22 U.S.C. legislation calls for the adoption of a the amendments made under this title, shall 2152a(a)) is amended to read as follows: monitoring system using proven effec- be targeted to the very poor.’’. ‘‘(a) FINDINGS AND POLICY.—Congress finds and declares that— tive poverty assessment tools to iden- (b) DEFINITIONS.—Section 104 of such Act is tify more precisely the very poor and ‘‘(1) access to financial services and the de- amended— velopment of microenterprise are vital fac- ensure that they receive microenter- (1) in paragraph (2), by striking ‘‘for micro- tors in the stable growth of developing coun- prise loans, savings, and assistance au- entrepreneurs’’ and inserting ‘‘to micro- tries and in the development of free, open, thorized under this act. The legislation entrepreneurs and their households’’; and and equitable international economic sys- also stipulates that the USAID Admin- (2) by adding at the end the following: tems; istrator, in consultation with micro- ‘‘(5) VERY POOR.—The term ‘very poor’ ‘‘(2) it is therefore in the best interest of enterprise institutions and other ap- means individuals— the United States to facilitate access to fi- ‘‘(A) living in the bottom 50 percent below nancial services and assist the development propriate organizations, shall develop the poverty line established by the national no fewer than two low-cost methods for of microenterprise in developing countries; government of the country in which those ‘‘(3) access to financial services and the de- partner institutions to use to assess individuals live; or velopment of microenterprises can be sup- the poverty levels of their current or ‘‘(B) living on the equivalent of less than $1 ported by programs providing credit, sav- prospective clients. By October 1, 2004, per day.’’. ings, training, technical assistance, business USAID shall certify that no fewer than SEC. 2. AMENDMENTS TO THE MICRO- AND development services, and other financial two of such methods are being used for SMALL ENTERPRISE DEVELOPMENT and non-financial services; and measuring poverty levels of current or CREDITS PROGRAM UNDER THE ‘‘(4) given the relatively high percentage of prospective clients. Additionally, the FOREIGN ASSISTANCE ACT OF 1961. populations living in rural areas of devel- oping countries, and the combined high inci- legislation says that USAID, beginning (a) FINDINGS AND POLICY.—Section 108(a)(2) dence of poverty in rural areas and growing of the Foreign Assistance Act of 1961 (22 no later than October 1, 2005, shall re- income inequality between rural and urban U.S.C. 2151f(a)(2)) is amended by striking quire all microenterprise organizations markets, microenterprise programs should applying for U.S. assistance to use one ‘‘the development of the enterprises of the target both rural and urban poor.’’. poor’’ and inserting ‘‘the access to financial of these methods. (b) AUTHORIZATION.—Section 131(b) of such Finally, the legislation requires the services and the development of microenter- Act (22 U.S.C. 2152a(b)) is amended— USAID Administrator to submit a re- prises’’. (1) in paragraph (3)(A)(i), by striking ‘‘en- port to Congress, no later than Sep- (b) PROGRAM.—Section 108(b) of such Act trepreneurs’’ and inserting ‘‘clients’’; and tember 30, 2005, on the development (22 U.S.C. 2151f(b)) is amended to read as fol- (2) in paragraph (4)(D)— and application of the poverty assess- lows: (A) in clause (i), by striking ‘‘very small ment procedures and, beginning with loans’’ and inserting ‘‘financial services to ‘‘(b) PROGRAM.—To carry out the policy set poor entrepreneurs’’; and fiscal year 2006, an annual report docu- forth in subsection (a), the President is au- (B) in clause (ii), by striking ‘‘micro- menting the percentage of its resources thorized to provide assistance to increase the finance’’ and inserting ‘‘microenterprise’’. allocated to the very poor, based on the availability of financial services to micro- (c) MONITORING SYSTEM.—Section 131(c) of certified methods and the absolute enterprise households lacking full access to such Act (22 U.S.C. 2152a(c)) is amended by number of the very poor that was credit, including through— striking paragraph (4) and inserting the fol- reached. ‘‘(1) loans and guarantees to microfinance lowing: The legislation, which builds on institutions for the purpose of expanding the ‘‘(4) adopts the widespread use of proven somewhat similar legislation that availability of savings and credit to poor and and effective poverty assessment tools to passed the House earlier this year (H.R. low-income households; successfully identify the very poor and en- ‘‘(2) training programs for microfinance in- 4073), was the result of many weeks of sure that they receive needed microenter- stitutions in order to enable them to better prise loans, savings, and assistance.’’ hard work and negotiations between meet the financial services needs of their cli- (d) DEVELOPMENT AND APPLICATION OF POV- USAID and the Microenterprise Coali- ents; and ERTY MEASUREMENT METHODS.—Section 131 tion, a group that represents the ‘‘(3) training programs for clients in order of such Act (22 U.S.C. 2152a) is amended— microenterprise institutions. Both to enable them to make better use of credit, (1) by redesignating subsections (d) and (e) USAID and the Microenterprise Coali- increase their financial literacy, and to bet- as subsections (e) and (f), respectively; and tion strongly support this legislation. I ter manage their enterprises to improve (2) by inserting after subsection (c) the fol- commend them for their efforts and I their quality of life.’’. lowing: urge the Senate to pass this important (c) ELIGIBILITY CRITERIA.—Section 108(c) of ‘‘(d) DEVELOPMENT AND CERTIFICATION OF legislation. such Act (22 U.S.C. 2151f(c)) is amended— POVERTY MEASUREMENT METHODS; APPLICA- I ask unanimous consent that the (1) in the first sentence of the matter pre- TION OF METHODS.— text of the bill be printed in the ceding paragraph (1)— ‘‘(1) DEVELOPMENT AND CERTIFICATION.—(A) (A) by striking ‘‘credit institutions’’ and The Administrator of the United States RECORD. Agency for International Development, in There being no objection, the bill was inserting ‘‘microfinance institutions’’; and (B) by striking ‘‘micro- and small enter- consultation with microenterprise institu- ordered to be printed in the RECORD, as prises’’ and inserting ‘‘microenterprise tions and other appropriate organizations, follows: households’’; and shall develop no fewer than two low-cost S. 3032 (2) in paragraphs (1) and (2), by striking methods for partner institutions to use to Be it enacted by the Senate and House of Rep- ‘‘credit’’ each place it appears and inserting assess the poverty levels of their current or resentatives of the United States of America in ‘‘financial services’’. prospective clients. The United States Agen- cy for International Development shall de- Congress assembled, (d) ADDITIONAL REQUIREMENT.—Section velop poverty indicators that correlate with SECTION 1. AMENDMENTS TO THE MICROENTER- 108(d) of such Act (22 U.S.C. 2151f(d)) is PRISE FOR SELF-RELIANCE ACT OF the circumstances of the very poor. 2000. amended by striking ‘‘micro- and small en- ‘‘(B) The Administrator shall field-test the (a) PURPOSES.—Section 103 of the Micro- terprise programs’’ and inserting ‘‘programs methods developed under subparagraph (A). enterprise for Self-Reliance Act of 2000 (Pub- for microenterprise households’’. As part of the testing, institutions and pro- lic Law 106–309) is amended— (e) AVAILABILITY OF FUNDS.—Section grams may use the methods on a voluntary (1) in paragraph (3), by striking ‘‘micro- 108(f)(1) of such Act (22 U.S.C. 2151f(f)(1)) is basis to demonstrate their ability to reach entrepreneurs’’ and inserting ‘‘microenter- amended by striking ‘‘for each of fiscal years the very poor. prise households’’; 2001 and 2002’’ and inserting ‘‘for each of fis- ‘‘(C) Not later than October 1, 2004, the Ad- (2) in paragraph (4), by striking ‘‘and’’ at ministrator shall, from among the low-cost cal years 2001 through 2004’’. the end; poverty measurement methods developed (3) in paragraph (5)— (f) CONFORMING AMENDMENT.—Section 108 under subparagraph (A), certify no fewer (A) by striking ‘‘microfinance policy’’ and of such Act (22 U.S.C. 2151f) is amended in than two such methods as approved methods inserting ‘‘microenterprise policy’’; the heading to read as follows: for measuring the poverty levels of current

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.062 S02PT1 S9852 CONGRESSIONAL RECORD — SENATE October 2, 2002 or prospective clients of microenterprise in- shipment of checks from bank to bank. they need to choke off this source of stitutions for purposes of assistance under Check payments across the country terrorist income, and to ensure that le- this section. were delayed, which opened up possi- gitimate Internet sites selling ciga- ‘‘(2) APPLICATION.—The Administrator bilities for processing errors and fraud. rettes take significant steps to prevent shall require that, with reasonable excep- tions, all organizations applying for micro- Electronic payments, on the other their orders from falling into the hands enterprise assistance under this Act use one hand, continued to be processed in a of our kids. of the certified methods, beginning no later safe and timely fashion during the cri- The EPICS Act prohibits online sales than October 1, 2005, to determine and report sis. of cigarettes to minors. It also ensures the poverty levels of current or prospective Processing challenges confront banks that minors are not able to purchase clients.’’. in my State of South Dakota every cigarettes online using a false identi- (e) LEVEL OF ASSISTANCE.—Section 131(e) of winter. Deep snowfalls and vast dis- fication by enacting strict identifica- such Act, as redesignated by subsection (d), is amended by inserting ‘‘and $175,000,000 for tances between small-town banks and tion verification requirements. fiscal year 2003 and $200,000,000 for fiscal year processing centers add significant costs In order to assist states enforcement 2004’’ after ‘‘fiscal years 2001 and 2002’’. to physical transportation of checks. of age requirements and collection of (f) DEFINITIONS.—Section 131(f) of such Act, These costs trickle down to consumers, taxes, this bill will dramatically as redesignated by subsection (d), is amended and everyone ends up paying the price strengthen the Jenkins Act. This law by adding at the end the following: of our outdated system. requires anyone who ships or sells to- ‘‘(5) VERY POOR.—The term ‘very poor’ I am proud to introduce this legisla- bacco products over state lines other means those individuals— tion, which would help to ensure the fi- ‘‘(A) living in the bottom 50 percent below than to licensed dealers to report those the poverty line established by the national nancial stability of our system in the sales to the state tax administrator. government of the country in which those event of another attack, and would in- When this is done, states can ensure individuals live; or crease its efficiency day-to-day. It is that sales are not being made to mi- ‘‘(B) living on less than the equivalent of $1 the right time to change our banking nors and that due taxes have been col- per day.’’. laws to give electronic versions of lected. SEC. 4. REPORT TO CONGRESS. checks the same legal validity as paper Currently, there is very little en- (a) IN GENERAL.—Not later than September checks, so America’s financial institu- 30, 2005, the Administrator of the United forcement of the Jenkins Act. This bill tions can provide customers with faster remedies this by establishing much States Agency for International Develop- check clearing and better access to liq- ment shall submit to Congress a report that harsher penalties for those who do not documents the process of developing and ap- uid funds in both good times and times comply and by allowing a State’s At- plying poverty assessment procedures with of crisis. torney General to enforce the Federal its partners. law. Following the recommendation of By Mr. HUTCHINSON: (b) REPORTS FOR FISCAL YEAR 2006 AND BE- the GAO, the bill will give the Bureau S. 3035. A bill to prohibit the sale of YOND.—Beginning with fiscal year 2006, the of Alcohol, Tobacco and Firearms con- Administrator of the United States Agency tobacco products through the Internet current authority with the Justice De- for International Development shall annu- or other indirect means to underage in- partment to enforce the amended Jen- ally submit to Congress on a timely basis a dividuals, to ensure the collection of kins Act. It also updates the law to report that addresses the United States all cigarette taxes, and for other pur- Agency for International Development’s make it clear that the Jenkins Act re- poses; to the Committee on the Judici- compliance with the Microenterprise for porting requirements apply to all sales ary. Self-Reliance Act of 2000 by documenting— by Internet, mail and phone. Mr. HUTCHINSON. Mr. President, (1) the percentage of its resources that Additionally, this bill will improve were allocated to the very poor (as defined in today I have introduced legislation to paragraph (5) of section 131(f) of the Foreign stop the illegal sales of cigarettes over current laws to prohibit the trafficking Assistance Act of 1961 (22 U.S.C. 2152a(f)(5))) the Internet, an escalating problem in contraband cigarettes. The EPICS based on the data collected from its partners which has had a particularly negative Act lowers the number of unstamped using the certified methods; and effect in my home State of Arkansas. cigarettes required to trigger the law (2) the absolute number of the very poor While every State in the union has en- from 60,000 to 2,000, adds reporting re- reached. acted laws prohibiting minors from quirements and allows a State’s Attor- ney General and Federal tobacco per- By Mr. JOHNSON (for himself purchasing or possessing tobacco prod- mit holders to bring causes of action to and Mr. CARPER): ucts, this law is easily evaded when mi- enforce the federal law. With numerous S. 3034. A bill to facilitate check nors purchase cigarettes over the reports of terrorist organizations truncation by authorizing substitute Internet. Disreputable websites fla- transporting contraband cigarettes checks, to foster innovation in the grantly break the law, even advertising across State lines to reap profits right check collection system without man- that they do not check identification. here in the U.S., it is especially impor- dating receipt of checks in electronic In the first quarter of 2002, the num- tant that this law be effective. form, and to improve the overall effi- ber of Internet site selling cigarettes ciency of the Nation’s payments sys- had already increased by over 10 per- Terrorists and others who seek to tem, and for other purposes; to the cent from 2001, and the number of those profit by illegal means have discovered Committee on Banking, Housing, and based overseas increased almost 20 per- the goldmine of Internet sales. The Urban Affairs. cent. In addition to putting cigarettes number of Internet sites selling Mr. JOHNSON. Mr. President, I am in the hands of minors, these websites untaxed cigarettes or selling to minors proud to sponsor the Check Truncation also fail to pay the sales and tobacco is increasing almost daily. Heightened Act, which will be a significant step in taxes many states levy on these prod- media coverage has pointed out the improving the Nation’s check payment ucts. problem, but also advertised their system. The Government Accounting Office availability to minors and tax-evaders. The Act improves America’s check released a study in August 2002 which I hope my colleagues will act quickly payments system by allowing banks to reports that by 2005 states will be los- to prevent illegal tobacco profits, keep exchange checks electronically. Cur- ing as much as $1.4 billion annually due cigarettes out of the hands of minors rent law requires banks to physically to this tax evasion. This is revenue and stop tobacco tax evasion. present and return original checks, a states cannot afford to do without. Mr. President, I ask unanimous con- tedious, antiquated and expensive proc- Current federal laws must be updated sent that the text of the legislation be ess. This legislation will also reduce in- and strengthened to address this grow- printed in the RECORD. frastructure costs for banks, allowing ing threat. There being no objection the bill was for more flexibility and greater cost My bill, the Eliminating Profiteering ordered to be printed in the RECORD, as savings for the consumer. through Illegal Cigarette Sales, EPICS follows: In the days following September 11, Act, addresses both aspects of the prob- S. 3035 2001, when planes across the country lem. It is designed to both strengthen Be it enacted by the Senate and House of Rep- remained grounded, banks were forced domestic security by giving law en- resentatives of the United States of America in to take drastic steps to ensure the forcement agencies additional tools Congress assembled,

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.047 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9853 SECTION 1. SHORT TITLE. producing valid, government-issued identi- SEC. 4. CRIMINAL PENALTIES. This Act may be cited as the ‘‘Eliminating fication that— (a) IN GENERAL.— Profiteering through Illegal Cigarette Sales (I) bears a photograph of the individual; (1) FIRST VIOLATION.—Except as provided in Act’’ or ‘‘EPICS Act’’. (II) indicates that the individual is not paragraph (2), any person who violates a pro- SEC. 2. UNLAWFUL ACTS REGARDING SALE OF under the legal age to purchase cigarettes; vision of subsection (a) or (b) of section 2 TOBACCO PRODUCTS TO UNDERAGE and shall be fined not more than $1,000. INDIVIDUALS. (III) indicates that the individual is not (2) SUBSEQUENT VIOLATIONS.—In the case of (a) IN GENERAL.—It shall be unlawful for younger than the age indicated on the gov- a second or subsequent violation by a person any person who is in the business of selling ernment-issued document received under of a provision of subsection (a) or (b) of sec- tobacco products, and who advertises such paragraph (1). tion 2, the person shall be fined not less than products through the Internet or any other (B) The bill of lading clearly states the re- $1,000 and not more than $5,000. means, to sell a tobacco product to an indi- quirements in subparagraph (A) and specifies (3) RULE OF CONSTRUCTION.—This sub- vidual under the legal age (according to that Federal law requires compliance with section does not apply to a violation of a State law) to purchase tobacco products if the requirements. provision of subsection (a) or (b) of section 2 pursuant to the sale the person mails the (6) The person notifies the carrier for the if any provision of subsection (b) of this sec- product or ships the product by carrier in or mailing or shipping, in writing, of the age of tion applies to such violation. affecting interstate commerce. the addressee as indicated by the govern- (b) KNOWING VIOLATIONS.— (b) PROCEDURES TO PROTECT AGAINST ment-issued document received under para- (1) FIRST VIOLATION.—Except as provided in SALES TO UNDERAGE INDIVIDUALS.—It shall be graph (1). paragraph (2), any person who knowingly unlawful for any person in the business of violates a provision of subsection (a) or (b) of (c) ADVERTISING THROUGH INTERNET; selling tobacco products to take an order for section 2 shall be fined in accordance with a tobacco product, other than from a person PROMINENT WARNING LABELS.—It shall be un- lawful for any person in the business of sell- title 18, United States Code, imprisoned not who is in the business of selling tobacco more than two years, or both. ing tobacco products to advertise tobacco products, through the mail, or through any (2) SUBSEQUENT VIOLATIONS.—In the case of products for sale through an Internet telecommunications means (including by a second or subsequent knowing violation by website to a person other than a person who telephone, facsimile, or the Internet), if in a person of a provision of subsection (a) or is in the business of selling tobacco products providing for the sale or delivery of the prod- (b) of section 2, the person shall be fined in unless such website contains, on the part of uct pursuant to the order the person mails accordance with title 18, United States Code, each website page relating to sale of such the product, or ships the product by carrier imprisoned not more than five years, or products that is immediately visible when in or affecting interstate commerce, and the both. accessed, prominent and clearly legible person fails to comply with each of the fol- SEC. 5. FEDERAL CIVIL ACTIONS BY STATE AT- lowing procedures: warning labels as follows: TORNEYS GENERAL AND CERTAIN (1) Before mailing or shipping the product, (1) A warning label stating that sales of to- OTHER INDIVIDUALS. the person receives from the individual who bacco products to persons under 18 years of (a) INJUNCTIVE RELIEF.—A State, through places the order the following: age are illegal in all States except Alabama, its State attorney general, on behalf of resi- (A) A copy of a valid government-issued Alaska, and Utah, where sales of tobacco dents of the State, or any person who holds document (whether an operator’s permit or products to person under 19 years of age are a permit under section 5712 of the Internal otherwise) that provides the name, address, illegal. Revenue Code of 1986, may bring in an appro- and date of birth of the individual. (2) A warning label described— priate district court of the United States a (B) A signed statement in writing from the (A) in the case of cigarettes, in subsections civil action to restrain violations by a per- individual providing a certification of the in- (a)(1) and (b)(2) of section 4 of the Federal son of any provision of subsection (a) or (b) dividual that— Cigarette Labeling and Advertising Act (15 of section 2, including obtaining a prelimi- (i) such document and information cor- U.S.C. 1333); and nary or permanent injunction or other order rectly identifies the individual and correctly (B) in the case of smokeless tobacco prod- against the person. states the address and date of birth of the in- ucts, in subsections (a)(1) and (b)(1) of sec- (b) COORDINATION WITH COMMISSION.—Be- dividual; tion 3 of the Federal Comprehensive Smoke- fore bringing a civil action under subsection (ii) the individual understands that forging less Tobacco Health Education Act of 1986 (15 (a), a State attorney general or any such per- son shall provide to the Federal Trade Com- another person’s signature to the statement U.S.C. 4402). mission written notice of the intent of the is illegal; and (d) ADVERTISING THROUGH INTERNET; AC- State attorney general or such person to (iii) the individual understands that to- CESS.—It shall be unlawful for any person in bring the action. bacco sales to minors are illegal and that to- the business of selling tobacco products to (c) FEDERAL JURISDICTION.— bacco purchases by minors may be illegal advertise such products for sale through an Internet website unless access to the website (1) IN GENERAL.—The district courts of the under applicable State law. United States shall have jurisdiction over (2) Before mailing or shipping the product, (other than a nonselling website home page) is provided only to individuals who provide any civil action under subsection (a). the person— (2) VENUE.—A civil action under subsection (A) verifies the information received from to the person the information described in subparagraphs (A) and (B) of subsection (b)(1) (a) may be brought only in accordance with the individual under paragraph (1) against a section 1391 of title 28, United States Code, and whose information is verified according commercially available database; and or in the district in which the recipient of to the procedures described in subsection (B) sends a letter to the individual request- the tobacco products resides or is found. (b)(2). ing— (d) REQUIREMENTS FOR INJUNCTIONS AND OR- (e) RULE OF CONSTRUCTION REGARDING COM- (i) confirmation of the order; and DERS.— MON CARRIERS.—This Act may not be con- (ii) that the individual reply immediately (1) IN GENERAL.—In any civil action under (to a specified toll-free phone number or e- strued as imposing liability upon any com- subsection (a), upon a proper showing by the mail address) if the individual did not sub- mon carrier, or officers or employees there- State attorney general or person bringing mit the order. of, when acting within the scope of business the action involved, the court may issue a (3) In the case of an order for a product of the common carrier. preliminary or permanent injunction or pursuant to an advertisement on the Inter- SEC. 3. FEDERAL TRADE COMMISSION. other order to restrain a violation of a provi- net, the person receives payment by credit (a) CIVIL ENFORCEMENT.—For purposes of sion of subsection (a) or (b) of section 2. card or check for the order before mailing or the enforcement of section 2 by the Federal (2) NOTICE.—No preliminary injunction or shipping the product. Trade Commission, a violation of a provision permanent injunction or other order may be (4) Unless the person is identified as a of subsection (a) or (b) of such section shall issued under paragraph (1) without notice to member of the Armed Forces by the docu- be deemed to be an unfair or deceptive act or the adverse party and an opportunity for a ment issued by the Department of Defense practice in or affecting commerce within the hearing. identifying individuals as members of the meaning of the Federal Trade Commission (3) FORM AND SCOPE OF ORDER.—Any pre- Armed Forces, the person provides for the Act, and the procedures under section 5(b) of liminary or permanent injunction or other mailing or shipping of the product to the such Act shall apply with respect to such a order entered in a civil action under sub- name and address provided on the govern- violation. section (a) shall— ment-issued document received under para- (b) REGULATIONS.—Not later than 90 days (A) set forth the reasons for the issuance of graph (1). after the date of the enactment of this Act, the order; (5)(A) The person employs a method of the Commission shall promulgate a final (B) be specific in its terms; mailing or shipping the product requiring rule for carrying out this Act. (C) describe in reasonable detail, and not that the individual purchasing the product— (c) INFORMATION REGARDING STATE LAWS ON by reference to the complaint or other docu- (i) be the addressee; MINIMUM PURCHASE-AGE.—The Commission ment, the act or acts sought to be re- (ii) personally sign for delivery of the shall post on the Internet site of the Com- strained; and package; and mission information that, by State, provides (D) be binding upon— (iii) if the individual appears to the carrier the minimum age at which it is legal under (i) the parties to the action and the offi- making the delivery to be under 27 years of State law to purchase tobacco products in cers, agents, employees, and attorneys of age, take delivery of the package only after the State. those parties; and

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.054 S02PT1 S9854 CONGRESSIONAL RECORD — SENATE October 2, 2002 (ii) persons in active concert or participa- to comply with any other requirements de- ‘‘(1) The person’s beginning and ending in- tion with the parties to the action who re- scribed in that subsection.’’. ventory of cigarettes (in total) for such ceive actual notice of the order by personal (d) PENALTIES.—Section 3 of that Act (15 month. service or otherwise. U.S.C. 377) is amended to read as follows: ‘‘(2) The total quantity of cigarettes that (e) ADDITIONAL REMEDIES.— ‘‘SEC. 3. (a) Except as provided in sub- the person received within such month from (1) IN GENERAL.—A remedy under sub- section (b), whoever violates a provision of each other person (itemized by name and ad- section (a) is in addition to any other rem- section 2 or 2A shall be fined not more than dress). edies provided by law. $1,000, imprisoned not more than 6 months, ‘‘(3) The total quantity of cigarettes that (2) STATE COURT PROCEEDINGS.—Nothing in or both, in the case of the first violation, and the person distributed within such month to this section may be construed to prohibit an fined not more than $5,000, imprisoned not each person (itemized by name and address) authorized State official from proceeding in more than 6 months, or both, in the case of other than a retail purchaser.’’; and State court on the basis of an alleged viola- any subsequent violation. (4) by adding at the end the following new tion of any State law. ‘‘(b) Whoever knowingly violates a provi- subsection: SEC. 6. COLLECTION OF STATE CIGARETTE sion of section 2 or 2A shall be fined in ac- ‘‘(d) In this section, the term ‘delivery TAXES. cordance with title 18, United States Code, sale’ means any sale of cigarettes to a con- (a) DEFINITIONS.—Section 1 of the Act of imprisoned not more than 2 years, or both.’’. sumer (other than a sale to a consumer for October 19, 1949 (15 U.S.C. 375), is amended— (e) INJUNCTIONS.—Section 4 of that Act (15 purposes of resale) if— (1) in paragraph (1), by inserting ‘‘and U.S.C. 378) is amended— ‘‘(1) the consumer submits the order for other legal entities’’ after ‘‘individuals’’; (1) by inserting ‘‘(a)’’ before ‘‘The United such sale by means of a telephone or other (2) by striking paragraph (3); States district courts’’; and method of voice transmission, the mails, or (3) by redesignating paragraphs (4) through (2) by adding at the end the following new the Internet or other online service; or (7) as paragraphs (3) through (6), respec- subsections: ‘‘(2) the cigarettes are delivered by use of tively; and ‘‘(b)(1) A State, through its attorney gen- the mails or other delivery service.’’. (4) by adding at the end the following new eral, or any person who holds a permit under (c) DISPOSAL OF FORFEITED CIGARETTES.— paragraphs: section 5712 of the Internal Revenue Code of Section 2344(c) of that title is amended by ‘‘(7) The term ‘delivery sale’ means any 1986, may bring an action in the United striking ‘‘seizure and forfeiture,’’ and all sale of cigarettes to a consumer (other than States district courts to prevent and restrain that follows and inserting ‘‘seizure and for- a sale to a consumer for purposes of resale) violations of this Act by any person (or by feiture, and any cigarettes so seized and for- if— any person controlling such person). feited shall be destroyed and not resold.’’. ‘‘(A) the consumer submits the order for ‘‘(2) Nothing in this section shall be con- (d) ENFORCEMENT.—Section 2346 of that such sale by means of a telephone or other strued to prohibit an authorized State offi- title is amended— method of voice transmission, the mails, or cial from proceeding in State court on the (1) by inserting ‘‘(a)’’ before ‘‘The Sec- the Internet or other online service; or basis of an alleged violation of State law. retary’’; and ‘‘(B) the cigarettes are delivered by use of ‘‘(c) The Secretary of the Treasury shall (2) by adding at the end the following new the mails or other delivery service. administer the provisions of this Act, and subsection: ‘‘(8) The term ‘sale to a consumer for pur- shall have concurrent authority with the At- ‘‘(b) A State, through its attorney general, poses of resale’ does not include a sale of torney General to enforce the provisions of or any person who holds a permit under sec- cigarettes to a natural person who does not this Act.’’. tion 5712 of the Internal Revenue Code of conduct business as a distributor or retailer SEC. 7. TREATMENT OF CIGARETTES AS NON- 1986, may bring an action in the United of cigarettes in the jurisdiction in which MAILABLE MATTER. States district courts to prevent and restrain such person resides.’’. Section 1716 of title 18, United States Code, violations of this chapter by any person (or (b) REPORTS TO STATE TOBACCO TAX ADMIN- is amended— by any person controlling such person).’’. ISTRATORS.—Section 2 of that Act (15 U.S.C. (1) by redesignating subsection (j) as sub- (e) CONFORMING AND CLERICAL AMEND- 376) is amended— section (k); and MENTS.—(1) The section heading for section (1) in subsection (a)— (2) by inserting after subsection (i) the fol- 2343 of that title is amended to read as fol- (A) by striking ‘‘or transfers’’ and insert- lowing new subsection (j): lows: ing ‘‘, transfers, or ships’’; and ‘‘(j) All cigarettes (as that term is defined ‘‘§ 2343. Recordkeeping, reporting, and in- (B) by striking ‘‘to other than a distributor in section 2341(1) of this title) are non- spection’’. licensed by or located in such State,’’; and mailable and shall not be deposited in or car- (2) The table of sections at the beginning of (2) in subsection (b)— ried through the mails.’’. chapter 114 of that title is amended by strik- (A) by striking ‘‘(1)’’; and SEC. 8. PENAL PROVISIONS REGARDING TRAF- ing the item relating to section 2343 and in- (B) by striking ‘‘, and (2)’’ and all that fol- FICKING IN CONTRABAND CIGA- serting the following new item: RETTES. lows and inserting a period. ‘‘2343. Recordkeeping, reporting, and inspec- (c) REQUIREMENTS FOR DELIVERY SALES.— (a) THRESHOLD QUANTITY FOR TREATMENT tion.’’. That Act is further amended by inserting AS CONTRABAND.—(1) Section 2341(2) of title after section 2 the following new section: 18, United States Code, is amended by strik- SEC. 9. DEFINITIONS. ‘‘SEC. 2A. (a) Each person making a deliv- ing ‘‘60,000 cigarettes’’ and inserting ‘‘2,000 In this Act: ery sale into a State shall comply with— cigarettes’’. (1) STATE.—The term ‘‘State’’ means each ‘‘(1) the shipping requirements set forth in (2) Section 2342(b) of that title is amended of the several States, the District of Colum- subsection (b); and by striking ‘‘60,000’’ and inserting ‘‘2,000’’. bia, the Commonwealth of Puerto Rico, ‘‘(2) all laws of the State generally applica- (3) Section 2343 of that title is amended— American Samoa, Guam, the Commonwealth ble to sales of cigarettes that occur entirely (A) in subsection (a), by striking ‘‘60,000’’ of the Northern Mariana Islands, and the within the State, including laws imposing— and inserting ‘‘2,000’’; and Virgin Islands. ‘‘(A) excise taxes; (B) in subsection (b), by striking ‘‘60,000’’ (2) STATE ATTORNEY GENERAL.—The term ‘‘(B) sales taxes; and inserting ‘‘2,000’’. ‘‘State attorney general’’ means the attor- ‘‘(C) licensing and tax-stamping require- (b) RECORDKEEPING, REPORTING, AND IN- ney general or other chief law enforcement ments; and SPECTION.—Section 2343 of that title, as officer of a State, or the designee thereof. ‘‘(D) escrow or other payment obligations. amended by subsection (a)(3) of this section, (3) TOBACCO PRODUCT.—The term ‘‘tobacco ‘‘(b)(1) Each person who takes a delivery is further amended— product’’ means any product made or derived sale order shall include on the bill of lading (1) in subsection (a)— from tobacco that is intended for human included with the shipping package con- (A) in the matter preceding paragraph (1), consumption, including cigarettes, smoke- taining cigarettes sold pursuant to such by striking ‘‘only—’’ and inserting ‘‘such in- less tobacco, pipe tobacco, and the product order a clear and conspicuous statement pro- formation as the Secretary considers appro- known as bidi. viding as follows: ‘CIGARETTES: FEDERAL priate for purposes of enforcement of this SEC. 10. EFFECTIVE DATE. LAW REQUIRES THE PAYMENT OF ALL chapter, including—’’; and (a) IN GENERAL.—Except as provided in APPLICABLE EXCISE AND SALES TAXES, (B) in the flush matter following paragraph subsection (b), this Act shall take effect 90 AND COMPLIANCE WITH APPLICABLE LI- (3), by striking the second sentence; days after the date of the enactment of this CENSING, TAX-STAMPING, AND ESCROW (2) by redesignating subsection (b) as sub- Act. PAYMENT OBLIGATIONS’. section (c); (b) RULEMAKING.—The authority of the ‘‘(2) Any shipping package described in (3) by inserting after subsection (a) the fol- Federal Trade Commission to commence paragraph (1) that is not labeled in accord- lowing new subsection (b): rulemaking under section 3(b) shall be effec- ance with that paragraph shall be treated as ‘‘(b) Any person who engages in a delivery tive on the date of the enactment of this nonmailable matter under section 3001 of sale, and who ships, sells, distributes, or re- Act. title 39, United States Code. ceives any quantity in excess of 10,000 ciga- (c) UNLAWFUL ACTS.—Section 2 shall apply ‘‘(c) Each State shall have the authority to rettes within a single month, shall submit to to sales of tobacco products occurring on or require any person making a delivery sale of the Secretary, pursuant to rules or regula- after the effective date of this Act without cigarettes into such State to collect or pay tions prescribed by the Secretary, a report regard to whether a final rule has been pro- the taxes referred to in subsection (a)(2) and that sets forth the following: mulgated under section 3(b) as of that date.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.054 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9855 By Mr. LIEBERMAN (for himself, sinate former President Bush and by firing Whereas the United States is determined Mr. WARNER, Mr. BAYH, Mr. on many thousands of occasions on United to prosecute the war on terrorism and Iraq’s MCCAIN, Mr. MCCONNELL, Mr. States and Coalition Armed Forces engaged ongoing support for international terrorist in enforcing the resolutions of the United groups combined with its development of DOMENICI, Mr. HUTCHINSON, Ms. Nations Security Council; weapons of mass destruction in direct viola- LANDRIEU, Mr. ALLARD, Mr. Whereas members of al Qaida, an organiza- tion of its obligations under the 1991 cease- HELMS, and Mr. MILLER): tion bearing responsibility for attacks on the fire and other United Nations Security Coun- S.J. Res. 46. A joint resolution to au- United States, its citizens, and interests, in- cil resolutions make clear that it is in the thorize the use of United States Armed cluding the attacks that occurred on Sep- national security interests of the United Forces against Iraq; read the first tember 11, 2001, are known to be in Iraq; States and in furtherance of the war on ter- time. Whereas Iraq continues to aid and harbor rorism that all relevant United Nations Se- S.J. RES. 46 other international terrorist organizations, curity Council resolutions be enforced, in- including organizations that threaten the Whereas in 1990 in response to Iraq’s war of cluding through the use of force if necessary; lives and safety of American citizens; aggression against and illegal occupation of Whereas Congress has taken steps to pur- Whereas the attacks on the United States Kuwait, the United States forged a coalition sue vigorously the war on terrorism through of September 11, 2001, underscored the grav- of nations to liberate Kuwait and its people the provision of authorities and funding re- ity of the threat posed by the acquisition of in order to defend the national security of quested by the President to take the nec- weapons of mass destruction by inter- the United States and enforce United Na- essary actions against international terror- national terrorist organizations; tions Security Council resolutions relating ists and terrorist organizations, including Whereas Iraq’s demonstrated capability to Iraq; those nations, organizations or persons who and willingness to use weapons of mass de- Whereas after the liberation of Kuwait in planned, authorized, committed or aided the struction, the risk that the current Iraqi re- 1991, Iraq entered into a United Nations terrorist attacks that occurred on Sep- gime will either employ those weapons to sponsored cease-fire agreement pursuant to tember 11, 2001, or harbored such persons or launch a surprise attack against the United which Iraq unequivocally agreed, among organizations; States or its Armed Forces or provide them other things, to eliminate its nuclear, bio- Whereas the President and Congress are to international terrorists who would do so, logical, and chemical weapons programs and determined to continue to take all appro- and the extreme magnitude of harm that priate actions against international terror- the means to deliver and develop them, and would result to the United States and its to end its support for international ter- ists and terrorist organizations, including citizens from such an attack, combine to jus- those nations, organizations or persons who rorism; tify action by the United States to defend Whereas the efforts of international weap- planned, authorized, committed or aided the itself; terrorist attacks that occurred on Sep- ons inspectors, United States intelligence Whereas United Nations Security Council agencies, and Iraqi defectors led to the dis- tember 11, 2001, or harbored such persons or Resolution 678 authorizes the use of all nec- organizations; covery that Iraq had large stockpiles of essary means to enforce United Nations Se- chemical weapons and a large scale biologi- Whereas the President has authority under curity Council Resolution 660 and subsequent the Constitution to take action in order to cal weapons program, and that Iraq had an relevant resolutions and to compel Iraq to deter and prevent acts of international ter- advanced nuclear weapons development pro- cease certain activities that threaten inter- rorism against the United States, as Con- gram that was much closer to producing a national peace and security, including the gress recognized in the joint resolution on nuclear weapon than intelligence reporting development of weapons of mass destruction Authorization for Use of Military Force had previously indicated; and refusal or obstruction of United Nations (Public Law 107–40); and Whereas Iraq, in direct and flagrant viola- weapons inspections in violation of United Whereas it is in the national security of tion of the cease-fire, attempted to thwart Nations Security Council Resolution 687, re- the United States to restore international the efforts of weapons inspectors to identify pression of its civilian population in viola- peace and security to the Persian Gulf re- and destroy Iraq’s weapons of mass destruc- tion of United Nations Security Council Res- gion: Now, therefore, be it tion stockpiles and development capabilities, olution 688, and threatening its neighbors or which finally resulted in the withdrawal of United Nations operations in Iraq in viola- Resolved by the Senate and House of Rep- inspectors from Iraq on October 31, 1998; tion of United Nations Security Council Res- resentatives of the United States of America in Whereas in 1998 Congress concluded that olution 949; Congress assembled, Iraq’s continuing weapons of mass destruc- Whereas Congress in the Authorization of SECTION 1. SHORT TITLE. tion programs threatened vital United Use of Military Force Against Iraq Resolu- This joint resolution may be cited as the States interests and international peace and tion (Public Law 102–1) has authorized the ‘‘Authorization for the Use of Military Force security, declared Iraq to be in ‘‘material President ‘‘to use United States Armed Against Iraq’’. and unacceptable breach of its international Forces pursuant to United Nations Security obligations’’ and urged the President ‘‘to SEC. 2. SUPPORT FOR UNITED STATES DIPLO- Council Resolution 678 (1990) in order to MATIC EFFORTS. take appropriate action, in accordance with achieve implementation of Security Council The Congress of the United States supports the Constitution and relevant laws of the Resolutions 660, 661, 662, 664, 665, 666, 667, 669, the efforts by the President to— United States, to bring Iraq into compliance 670, 674, and 677’’; with its international obligations’’ (Public Whereas in December 1991, Congress ex- (1) strictly enforce through the United Na- Law 105–235); pressed its sense that it ‘‘supports the use of tions Security Council all relevant Security Whereas Iraq both poses a continuing all necessary means to achieve the goals of Council resolutions applicable to Iraq and threat to the national security of the United United Nations Security Council Resolution encourages him in those efforts; and States and international peace and security 687 as being consistent with the Authoriza- (2) obtain prompt and decisive action by in the Persian Gulf region and remains in tion of Use of Military Force Against Iraq the Security Council to ensure that Iraq material and unacceptable breach of its Resolution (Public Law 102–1),’’ that Iraq’s abandons its strategy of delay, evasion and international obligations by, among other repression of its civilian population violates noncompliance and promptly and strictly things, continuing to possess and develop a United Nations Security Council Resolution complies with all relevant Security Council significant chemical and biological weapons 688 and ‘‘constitutes a continuing threat to resolutions. capability, actively seeking a nuclear weap- the peace, security, and stability of the Per- SEC. 3. AUTHORIZATION FOR USE OF UNITED ons capability, and supporting and harboring sian Gulf region,’’ and that Congress, ‘‘sup- STATES ARMED FORCES. terrorist organizations; ports the use of all necessary means to (a) AUTHORIZATION.—The President is au- Whereas Iraq persists in violating resolu- achieve the goals of United Nations Security thorized to use the Armed Forces of the tions of the United Nations Security Council Council Resolution 688’’; United States as he determines to be nec- by continuing to engage in brutal repression Whereas the Iraq Liberation Act (Public essary and appropriate in order to— of its civilian population thereby threat- Law 105–338) expressed the sense of Congress (1) defend the national security of the ening international peace and security in the that it should be the policy of the United United States against the continuing threat region, by refusing to release, repatriate, or States to support efforts to remove from posed by Iraq; and account for non-Iraqi citizens wrongfully de- power the current Iraqi regime and promote (2) enforce all relevant United Nations Se- tained by Iraq, including an American serv- the emergence of a democratic government curity Council Resolutions regarding Iraq. iceman, and by failing to return property to replace that regime; (b) PRESIDENTIAL DETERMINATION.—In con- wrongfully seized by Iraq from Kuwait; Whereas on September 12, 2002, President nection with the exercise of the authority Whereas the current Iraqi regime has dem- Bush committed the United States to ‘‘work granted in subsection (a) to use force the onstrated its capability and willingness to with the United Nations Security Council to President shall, prior to such exercise or as use weapons of mass destruction against meet our common challenge’’ posed by Iraq soon there after as may be feasible, but not other nations and its own people; and to ‘‘work for the necessary resolutions,’’ later than 48 hours after exercising such au- Whereas the current Iraqi regime has dem- while also making clear that ‘‘the Security thority, make available to the Speaker of onstrated its continuing hostility toward, Council resolutions will be enforced, and the the House of Representatives and the Presi- and willingness to attack, the United States, just demands of peace and security will be dent pro tempore of the Senate his deter- including by attempting in 1993 to assas- met, or action will be unavoidable’’; mination that—

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.065 S02PT1 S9856 CONGRESSIONAL RECORD — SENATE October 2, 2002 (1) reliance by the United States on further Whereas parents, and all other adults, and for other purposes; which was or- diplomatic or other peaceful means alone ei- must be ever vigilant in public places to pro- dered to lie on the table; as follows: ther (A) will not adequately protect the na- tect children, who by their very nature are ‘‘, Provided further, that $200,000 shall be tional security of the United States against trusting and unsuspecting, from those de- made available for operation of the Mesca- the continuing threat posed by Iraq or (B) is praved and vile individuals who would prey lero Fish Hatchery, formerly the Mescalero not likely to lead to enforcement of all rel- on them; National Fish Hatchery, to be operated evant United Nations Security Council reso- Whereas recognizing the risk of child ab- under tribal management and control; Pro- lutions regarding Iraq; and duction, some retail business establishments vided further, That such finding shall be (2) acting pursuant to this resolution is have developed safety procedures and pro- available to the Mescalero Apache Tribe in consistent with the United States and other grams designed to prevent abductors from accordance with the provisions of the Indian countries continuing to take the necessary using crowds of shoppers as cover for nefar- Education and Assistance Self-Determina- actions against international terrorists and ious acts; tion Act, Public Law 93–638’’. terrorist organizations, including those na- Whereas one of the most successful pro- tions, organizations or persons who planned, grams to prevent child abduction is the f authorized, committed or aided the terror- ‘‘Code Adam’’ alarm developed and imple- ists attacks that occurred on September 11, mented by Wal-Mart stores and SAM’S Clubs NOTICES OF HEARINGS/MEETINGS 2001. throughout the Nation; and COMMITTEE ON ENERGY AND NATURAL (c) WAR POWERS RESOLUTION REQUIRE- Whereas named in tribute to 6-year-old RESOURCES MENTS.— Adam Walsh who was abducted from a shop- Mr. BINGAMAN. Mr. President, I (1) SPECIFIC STATUTORY AUTHORIZATION.— ping mall in the State of Florida and mur- Consistent with section 8(a)(1) of the War dered in 1981, the ‘‘Code Adam’’ alarm sig- wish to announce that the Committee Powers Resolution, the Congress declares nals that there is a missing child and alerts on Energy and Natural Resources will that this section is intended to constitute all sales personnel in the affected retail busi- hold a Business Meeting during the ses- specific statutory authorization within the ness establishment to abandon their normal sion of the Senate on Thursday, Octo- meaning of section 5(b) of the War Powers responsibilities and, in a coordinated and ber 3, at 9:30 a.m. in SD–366. The pur- Resolution. prearranged organized manner, to begin pose of the Business Meeting is to con- (2) APPLICABILITY OF OTHER REQUIRE- searching for the child and monitoring the sider pending calendar business. MENTS.—Nothing in this resolution super- establishment exits to ensure that the child sedes any requirement of the War Powers is not removed from the establishment: Now, f Resolution. therefore, be it AUTHORITY FOR COMMITTEES TO SEC. 4. REPORTS TO CONGRESS. Resolved, That the Senate recognizes the MEET (a) The President shall, at least once every ‘‘Code Adam’’ child safety program, com- 60 days, submit to the Congress a report on mends all retail business establishments COMMITTEE ON COMMERCE, SCIENCE, AND matters relevant to this joint resolution, in- that have implemented such program to pro- TRANSPORTATION cluding actions taken pursuant to the exer- tect children from abduction, and urges re- Mr. LIEBERMAN. Mr. President, I cise of authority granted in section 2 and the tail business establishments that have not ask unanimous consent that the Com- status of planning for efforts that are ex- implemented such program to consider doing mittee on Commerce, Science, and pected to be required after such actions are so. Transportation be authorized to meet completed, including those actions described f on Wednesday, October 2, 2002, at 9:30 in section 7 of Public Law 105–338 (the Iraq a.m. on Airlines Viability in the Cur- Liberation Act of 1998). AMENDMENTS SUBMITTED AND (b) To the extent that the submission of PROPOSED rent Economic Climate. any report described in subsection (a) coin- The PRESIDING OFFICER. Without SA 4850. Mr. FEINGOLD submitted an cides with the submission of any other re- objection, it is so ordered. amendment intended to be proposed to port on matters relevant to this joint resolu- amendment SA 4471 proposed by Mr. COMMITTEE ON ENVIRONMENT AND PUBLIC tion otherwise required to be submitted to LIEBERMAN to the bill H.R. 5005, to establish WORKS Congress pursuant to the reporting require- the Department of Homeland Security, and Mr. LIEBERMAN. Mr. President, I ments of Public Law 93–148 (the War Powers for other purposes; which was ordered to lie ask unanimous consent that the Com- Resolution), all such reports may be sub- on the table. mitted as a single consolidated report to the mittee on Environment and Public SA 4851. Mr. DOMENICI submitted an Congress. Works be authorized to meet on amendment intended to be proposed by him (c) To the extent that this information re- Wednesday, October 2, 2002, at 2:00 p.m. to the bill H.R. 5093, making appropriations quired by section 3 of Public Law 102–1 is in- to conduct a hearing to review the sta- for the Department of the Interior and re- cluded in the report required by this section, lated agencies for the fiscal year ending Sep- tus and studies of the health impacts of such report shall be considered as meeting tember 30, 2003, and for other purposes; which PM–2.5, particularly those effects asso- the requirements of section 3 of Public Law was ordered to lie on the table. ciated with power plant emissions. 102–1. The hearing will be held in SD–406. f f The PRESIDING OFFICER. Without STATEMENTS ON SUBMITTED TEXT OF AMENDMENTS objection, it is so ordered. RESOLUTIONS SA 4850. Mr. FEINGOLD submitted COMMITTEE ON THE JUDICIARY an amendment intended to be proposed Mr. LIEBERMAN. Mr. President, I to amendment SA 4471 proposed by Mr. ask unanimous consent that the Com- SENATE RESOLUTION 332—RECOG- LIEBERMAN to the bill H.R. 5005, to es- mittee on the Judiciary be authorized NIZING THE ‘‘CODE ADAM’’ tablish the Department of Homeland to meet to conduct a hearing on ‘‘Stop- CHILD SAFETY PROGRAM, COM- Security, and for other purposes; which ping Child Pornography: Protecting MENDING RETAIL BUSINESS ES- was ordered to lie on the table; as fol- our Children and the Constitution’’ on TABLISHMENTS THAT HAVE IM- lows: Wednesday, October 2, 2002 in Dirksen PLEMENTED PROGRAMS TO PRO- At the appropriate place in the bill insert Room 226 at 10:00 a.m. TECT CHILDREN FROM ABDUC- the following section: Witness List: Daniel P. Collins, Associate TION, AND URGING RETAIL BUSI- SEC. . COST OF LIVING ADJUSTMENT FOR MEM- Deputy Attorney General and Chief Privacy NESS ESTABLISHMENTS THAT BERS OF CONGRESS. Officer, United States Department of Jus- HAVE NOT IMPLEMENTED SUCH Notwithstanding any other provision of tice, Washington, D.C.; Frederick Schauer, PROGRAM TO CONSIDER DOING law, no adjustment shall be made under sec- Professor, John F. Kennedy School of Gov- ernment and Harvard Law School, Cam- SO tion 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of bridge, MA; Anne M. Coughlin, Professor of Mrs. CLINTON submitted the fol- living adjustments for Members of Congress) Law, University of Virginia School of Law, lowing resolution; which was referred during fiscal year 2003. Charlottesville, VA; Ernie Allen, Director, to the Committee on the Judiciary. The National Center for Missing and Ex- ploited Children, Alexandria, VA. S. RES. 332 SA 4851. Mr. DOMENICI submitted an amendment intended to be proposed by The PRESIDING OFFICER. Without Whereas protecting children is one of soci- objection, it is so ordered. ety’s greatest responsibilities; him to the bill H.R. 5093, making ap- Whereas child abduction, an unconscion- propriations for the Department of the SELECT COMMITTEE ON INTELLIGENCE able and horrendous crime, seems to be in- Interior and related agencies for the Mr. LIEBERMAN. Mr. President I creasing in frequency; fiscal year ending September 30, 2003, ask unanimous consent that the Select

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.065 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9857 Committee on Intelligence be author- James Irvin Gadsden, of Maryland, a Ca- talented lawyer whose broad legal ex- ized to meet during the session of the reer Member of the Senior Foreign Service, perience spans private practice, all Senate on Wednesday. October 2, 2002 Class of Minister-Counselor, to be Ambas- three branches of the Federal Govern- at 10:00 a.m. to hold a closed hearing on sador Extraordinary and Plenipotentiary of ment, and academia. the United States of America to the Republic intelligence matters. of Iceland. Larry earned a B.A. degree from New The PRESIDING OFFICER. Without Martin George Brennan, of California, a York University magna cum laude be- objection, it is so ordered. Career Member of the Senior Foreign Serv- fore earning his law degree from The f ice, Class of Minister-Counselor, to be Am- John Marshall Law School in 1981. He bassador Extraordinary and Plenipotentiary began his legal career as a clerk for the PRIVILEGES OF THE FLOOR of the United States of America to the Re- Honorable Roger J. Miner, who at the Mr. LOTT. Mr. President, I ask unan- public of Zambia. Vicki Huddleston, Arizona, a Career Mem- time was a U.S. District Court Judge imous consent that privilege of the ber of the Senior Foreign Service, Class of for the Northern District of New York floor be granted to Wayne Boyles, Minister-Counselor, to be Ambassador Ex- and who now sits on the Second Circuit Jimmy Broughton, Anne Chitwood, traordinary and Plenipotentiary of the Court of Appeals. After his clerkship, David Crotts, Sonja Damuth, Michele United States of America to the Republic of Larry worked as an associate in the Dekonty, Pat Devine, Shane Fernando, Mali. high-powered New York office of Sherri Hupart, Joe Lanier, Matt Donald C. Johnson, of Texas, a Career Member of the Senior Foreign Service, Class Skadden, Arps, Slate, Meagher and Leggett, Judy Lovell, Ruthie McGinn, Flom, where his practice included con- Langley Moretz, Elizabeth Parker, of Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the stitutional claims pertaining to Com- Mary Lynn Qurnell, Jim Schollaert, United States of America to the Republic of merce Clause and commercial speech Kelly Spearman, Ricky Welborn, David Cape Verde. issues, as well as litigation involving Whitney, Sara Battaglia, Jose Jimmy Kolker, of Missouri, a Career Mem- financial services, mergers and acquisi- Cardenas, Richard Douglas, Walter ber of the Senior Foreign Service, Class of tions, securities, labor law, and admin- ‘‘Skip’’ Fischer, Brian Fox, Jeffrey Minister-Counselor, to be Ambassador Ex- istrative law. Gibbs, Philip Griffin, Kristopher traordinary and Plenipotentiary of the Klaich, Carolyn Leddy, Walter United States of America to the Republic of After several years in private prac- Lohman, Patricia ‘‘Patti’’ McNerney, Uganda. tice, Larry returned to public service, Gail Dennise Thomas Mathieu, of New Jer- and served with distinction in the David Merkel, Lester Munson, Susan sey, a Career Member of the Senior Foreign Oursler, Maurice Perkins, Jedidiah Reagan, George H.W. Bush, and Clinton Service, Class of Counselor, to be Ambas- Administrations. From 1986 to 1990, he Royal, Kelly Siekman, and Susan Wil- sador Extraordinary and Plenipotentiary of liams for the duration of this morn- the United States of America to the Republic worked in the U.S. Department of Jus- tice, first in the Commercial Litigation ing’s tribute to Senator HELMS of of Niger. North Carolina. J. Anthony Holmes, of California, a Career Branch, then as Senior Attorney-Advi- The PRESIDING OFFICER. Without Member of the Senior Foreign Service, Class sor in the Office of Legal Policy and of Counselor, to be Ambassador Extraor- objection, it is so ordered. Policy Development. From 1990 to 1994, dinary and Plenipotentiary of the United Larry served as Acting General Coun- Mrs. LINCOLN. Mr. President, I ask States of America to Burkina Faso. unanimous consent that privilege of sel for Legal Policy and Deputy Assist- Aurelia E. Brazeal, of Georgia, a Career ant General Counsel for Legal Policy the floor be granted to Steven Member of the Senior Foreign Service, Class Dettelbach of the Judiciary Committee of Career Minister, to be Ambassador Ex- at the U.S. Department of Energy, staff, as well as Elizabeth Pika who traordinary and Plenipotentiary of the where he spearheaded a number of com- serves as a fellow in my office, during United States of America to the Federal plex legal projects. Despite his de- the pendency of H.R. 2215, the Depart- Democratic Republic of Ethiopia. manding workload, he found time to Richard L. Baltimore III, of New York, a ment of Justice authorization con- teach as an adjunct professor at George Career Member of the Senior Foreign Serv- Mason University School of Law. ference report. ice, Class of Minister-Counselor, to be Am- The PRESIDING OFFICER. Without bassador Extraordinary and Plenipotentiary In 1994, I was able to persuade Larry objection, it is so ordered. of the United States to the Sultanate of to leave the executive branch to come f Oman. work for me. I have first-hand knowl- THE JUDICIARY edge of his legal talents, and have EXECUTIVE SESSION James Knoll Garner, of Pennsylvania, to nothing but respect for his abilities, es- be United States District Judge for the East- pecially in light of the significant ern District of Pennsylvania. health-related obstacles that he has EXECUTIVE CALENDAR Ronald H. Clark, of Texas, to be United overcome. Several years ago, Larry Mr. REID. Mr. President, I ask unan- States District Judge for the Eastern Dis- suffered a debilitating stroke during imous consent that the Senate proceed trict of Texas. heart surgery. Although his prognosis to executive session to consider the fol- Lawrence J. Block, of Virginia, to be a Judge of the United States Court of Federal was grim, Larry defied the odds by lowing nominations: Calendar Nos. 935 Claims for a term of fifteen years. making a full recovery. He is now in through 998, 1007, 1037, 1038, 1053, and Charles E. Erdmann, of Colorado, to be a excellent health. I know that Larry is 1054; that the nominations be con- Judge of the United States Court of Appeals proud of having overcome this tem- firmed, the motion to reconsider be for the Armed Forces for the term of fifteen porary setback, and I have no doubt laid on the table, the President be im- years to expire on the date prescribed by that he will take to the federal bench mediately notified of the Senate’s ac- law. the same perseverance that aided his tion; that any statements thereon be DEPARTMENT OF DEFENSE recovery. printed in the RECORD, and the Senate Thomas Forrest Hall, of Oklahoma, to be During his tenure on my staff, Larry an Assistant Secretary of Defense. then resume legislative session, with has amply demonstrated his keen legal the preceding all occurring without in- f mind. But, just as importantly, he has tervening action or debate. NOMINATION OF LAWRENCE shown repeatedly his fairness and will- The PRESIDING OFFICER. Is there BLOCK ingness to listen to all sides of an issue objection? before exercising his judgment. This is Without objection, it is so ordered. Mr. HATCH. Mr. President, it is my sincere pleasure to rise in support of why he is a staffer admired and re- The nominations were considered and spected on both sides of the aisle. confirmed, as follows: the nomination of Lawrence Block to the United States Court of Federal I will miss Larry’s sage advice and DEPARTMENT OF STATE Claims. counsel, but our loss will be the gain of James Franklin Jeffrey, of Virginia, a Ca- Larry hardly needs an introduction, the Court of Claims, where I am con- reer Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambas- since he has served on the staff of the fident that Larry will serve as an im- sador Extraordinary and Plenipotentiary of Judiciary Committee for the past eight partial judge who will follow precedent the United States of America to the Republic years. Those of us who have worked to achieve uniformity and consistency of Albania. with him know that he is an incredibly in the law. I wish him all the best.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.037 S02PT1 S9858 CONGRESSIONAL RECORD — SENATE October 2, 2002 NOMINATION OF JAMES GARDNER States organization to make members of the AMENDING CHARTER OF AMVETS armed forces who receive special pay for ORGANIZATION Mr. SPECTER. Mr. President, I seek duty subject to hostile fire or imminent dan- recognition today to express my strong ger eligible for membership in the organiza- Mr. REID. Mr. President, I ask unan- support for Judge James Gardner who tion, and for other purposes. imous consent that the Senate proceed President Bush nominated for the There being no objection, the Senate to the consideration of Calendar No. United States District Court for the proceeded to consider the bill. 568, H.R. 3214. ‘ Eastern District of Pennsylvania. The Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: American Bar Association has rated imous consent that the bill be read a A bill (H.R. 3214) to amend the charter of Judge Gardner ‘‘well-qualified’’ to sit third time, passed, the motion to re- the AMVETS organization. on the bench. consider be laid on the table, with no There being no objection, the Senate Judge Gardner graduated magna cum intervening action or debate, and that proceeded to consider the bill. laude with a B.A. degree from Yale any statements on this matter be Mr. REID. Mr. President, I ask unan- University and received his J.D. degree printed in the RECORD. imous consent that the bill be read a from Harvard University Law School. The PRESIDING OFFICER. Without third time, passed, the motion to re- After graduating from law school, objection, it is so ordered. consider be laid on the table, that Judge Gardner joined the law firm of The bill (H.R. 3838) was read the third there be no intervening action or de- Duane, Morris & Hecksher as an Asso- time and passed. bate, and that any statements relating to this matter be printed in the ciate. After leaving that prestigious f firm, he became a partner in the law RECORD. firm of Gardner, Gardner, & Racines in AMENDING CHARTER OF AMVETS The PRESIDING OFFICER. Without Allentown, Pennsylvania. ORGANIZATION objection, it is so ordered. He began his career in public service Mr. REID. Mr. President, I ask unan- The bill (H.R. 3214) was read the third as Solicitor to the Lehigh County imous consent the Senate now proceed time and passed. Treasurer and later as an Assistant to the consideration of Calendar No. f District Attorney in Lehigh County. 564, S. 1972. POW/MIA MEMORIAL FLAG ACT OF Judge Gardner served his country on The PRESIDING OFFICER. The 2001 active duty with the United States clerk will report the bill by title. Mr. REID. Mr. President, I ask unan- Navy Judge Advocate General’s Corps The legislative clerk read as follows: imous consent that the Judiciary Com- and in the Navy Reserve. Currently, A bill (S. 1972) to amend the charter of the mittee be discharged from further con- Judge Gardner serves as a Judge on the AMVETS organization. sideration of S. 1226 and that we now Court of Common Pleas of Lehigh There being no objection, the Senate proceed to its consideration. County, Pennsylvania. He has served in proceeded to consider the bill. The PRESIDING OFFICER. Without all divisions of that court and has pre- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. imous consent that the bill be read a sided over 265 jury trials and innumer- The clerk will report the bill by title. able hearings. He has also written over third time, passed, the motion to re- The legislative clerk read as follows: consider be laid on the table, with no 1,000 legal opinions and adjudications, A bill (S. 1226) to require the display of the 138 of which have been published. intervening action or debate, and that POW/MIA flag at the World War II Memorial, Judge Gardner is very active in his any statements relating to this matter the Korean Memorial, and the Vietnam Vets community. He is on the Board of Di- be printed in the RECORD. Memorial. rectors of the Boys and Girls Club of The PRESIDING OFFICER. Without There being no objection, the Senate Allentown and the Allentown Police objection, it is so ordered. proceeded to consider the bill. Athletic League. He has been awarded The bill (S. 1972) was read the third Mr. REID. Mr. President, I ask unan- the Meritorious Service Medal from time and passed, as follows: imous consent that the bill be read the the President of the United States and S. 1972 third time, passed, the motion to re- the Pennsylvania Bar Association’s Be it enacted by the Senate and House of Rep- consider be laid upon the table, and Special Achievement Award. resentatives of the United States of America in that any statements relating thereto I thank my colleagues for their vote Congress assembled, be printed in the RECORD. for the confirmation of Judge Gardner SECTION 1. AMENDMENTS TO AMVETS CHARTER. The PRESIDING OFFICER. Without to sit on the United States District (a) NAME OF ORGANIZATION.—(1) Sections objection, it is so ordered. Court for the Eastern District of Penn- 22701(a) and 22706 of title 36, United States The bill (S. 1226) was read the third sylvania. Code, are amended by striking ‘‘AMVETS time and passed, as follows: Mr. REID. Mr. President, I simply (American Veterans of World War II, Korea, Be it enacted by the Senate and House of Rep- note that this is clearance of 10 ambas- and Vietnam)’’ and inserting ‘‘AMVETS resentatives of the United States of America in (American Veterans)’’. Congress assembled, sadors, all in one fell swoop. It is very (2)(A) The heading of chapter 227 of such important that we have ambassadors SECTION 1. SHORT TITLE. title is amended to read as follows: This Act may be cited as the ‘‘POW/MIA to these countries. I am glad we have ‘‘CHAPTER 227—AMVETS (AMERICAN Memorial Flag Act of 2001’’. accomplished that. VETERANS)’’. SEC. 2. DISPLAY OF POW/MIA FLAG AT WORLD f (B) The item relating to such chapter in WAR II MEMORIAL, KOREAN WAR the table of chapters at the beginning of sub- MEMORIAL, AND VIETNAM VET- LEGISLATIVE SESSION title II of such title is amended to read as ERANS MEMORIAL. follows: (a) REQUIREMENT FOR DISPLAY.—Subsection The PRESIDING OFFICER. Under (d)(3) of section 902 of title 36, United States ‘‘227. AMVETS (AMERICAN VET- the previous order, the Senate will re- Code, is amended by striking ‘‘The Korean ERANS) ...... 22701’’. turn to legislative session. War Veterans Memorial and the Vietnam (b) GOVERNING BODY.—Section 22704(c)(1) of f Veterans Memorial’’ and inserting ‘‘The such title is amended by striking ‘‘seven na- World War II memorial, the Korean War Vet- AMENDING CHARTER OF VET- tional vice commanders’’ and all that follows erans Memorial, and the Vietnam Veterans ERANS OF FOREIGN WARS ORGA- through ‘‘a judge advocate,’’ and inserting Memorial’’. NIZATION ‘‘two national vice commanders, a finance (b) DAYS FOR DISPLAY.—Subsection (c)(2) of officer, a judge advocate, a chaplain, six na- that section is amended— Mr. REID. Mr. President, I ask unan- tional district commanders,’’. (1) by redesignating subparagraphs (A) and imous consent that the Senate proceed (c) HEADQUARTERS AND PRINCIPAL PLACE OF (B) as subparagraphs (B) and (C), respec- to the consideration of Calendar No. BUSINESS.—Section 22708 of such title is tively; and 569, H.R. 3838. amended— (2) by inserting before the subparagraph The PRESIDING OFFICER. The (1) by striking ‘‘the District of Columbia’’ (B), as so redesignated, the following new in the first sentence and inserting ‘‘Mary- subparagraph (A): clerk will report the bill by title. land’’; and ‘‘(A) in the case of display at the World The legislative clerk read as follows: (2) by striking ‘‘the District of Columbia’’ War II memorial, Korean War Veterans Me- A bill (H.R. 3838) to amend the charter for in the second sentence and inserting ‘‘Mary- morial, and Vietnam Veterans Memorial (re- Veterans of Foreign Wars of the United land’’. quired by subsection (d)(3) of this section),

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.161 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — SENATE S9859 any day on which the United States flag is ø(D) in paragraph (4), by striking ‘‘and’’ at dividuals with disabilities and the extent to displayed;’’. the end; which these conditions have contributed to the (c) DISPLAY ON EXISTING FLAGPOLE.—No ø(E) by redesignating paragraph (5) as incidence and prevalence of infant mortality element of the United States Government paragraph (7); and and affected quality of life;’’; may construe the amendments made by this ø(F) by inserting after paragraph (4), the (C) in paragraph (3), by inserting ‘‘, develop- section as requiring the acquisition of erec- following: mental disabilities, and secondary health condi- tion of a new or additional flagpole for pur- ø‘‘(5) contains information on the inci- tions among individuals with disabilities’’ after poses of the display of the POW/MIA flag. dence and prevalence of individuals living ‘‘defects’’; f with birth defects and disabilities, any (D) in paragraph (4), by striking ‘‘and’’ at the health disparities experienced by such indi- end; STAR PRINT—S. 3011 viduals, and recommendations for improving (E) by redesignating paragraph (5) as para- Mr. REID. Mr. President, I ask unan- the health and wellness and quality of life of graph (7); and (F) by inserting after paragraph (4), the fol- imous consent that S. 3011 be star such individuals; ø‘‘(6) contains a summary of recommenda- lowing: printed with the changes at the desk. ‘‘(5) contains information on the incidence The PRESIDING OFFICER. Without tions from all birth defects research con- ferences sponsored by the agency including and prevalence of individuals living with birth objection, it is so ordered. conferences related to spina bifida; and’’; defects and disabilities, developmental disabil- f ø(4) in subsection (e)— ities, and the health status of individuals with ø disabilities, any health disparities experienced BIRTH DEFECTS AND DEVELOP- (A) by inserting ‘‘, including section 444 of the General Education Provisions Act,’’ after by such individuals, and recommendations for MENTAL DISABILITIES PREVEN- ‘‘privacy of information’’; and improving the health and wellness and quality TION ACT OF 2002 ø(B) by inserting before the period the fol- of life of such individuals; ‘‘(6) contains a summary of recommendations lowing: ‘‘, except that the Centers for Dis- Mr. REID. Mr. President, I ask unan- from all birth defects research conferences spon- ease Control and Prevention shall have ac- imous consent that the Senate proceed sored by the agency including conferences re- cess to information under section 444(b)(1)(F) to the consideration of Calendar No. lated to spina bifida; and’’; of such Act solely for purposes of carrying 626, S. 2980. (4) in subsection (e)— out subsection (a)(1) of this section and shall (A) by inserting ‘‘, including section 444 of the The PRESIDING OFFICER. The otherwise comply with all other require- clerk will state the bill by title. General Education Provisions Act,’’ after ‘‘pri- ments of such section 444’’; vacy of information’’; and The legislative clerk read as follows: ø (5) by redesignating subsections (c), (d), (B) by inserting before the period the fol- A bill (S. 2980) to revise and extend the and (e) as subsections (b), (c), and (d), respec- lowing: ‘‘, except that the Centers for Disease Birth Defect Prevention Act of 1998. tively; Control and Prevention shall have access to in- ø There being no objection, the Senate (6) by inserting after subsection (d) (as so formation under section 444(b)(1)(F) of such Act proceeded to consider the bill, which redesignated), the following: solely for purposes of carrying out subsection ø was reported from the Committee on ‘‘(e) ADVISORY COMMITTEE.—Notwith- (a)(2) of this section and shall otherwise comply standing any other provision of law, the with all other requirements of such section 444’’; Health, Education, Labor, and Pen- members of the advisory committee ap- sions with an amendment to strike all (5) by redesignating subsections (c), (d), and pointed by the Director of the National Cen- (e) as subsections (b), (c), and (d), respectively; after the enacting clause and insert in ter for Environmental Health that have ex- (6) by inserting after subsection (d) (as so re- lieu thereof the following: pertise in birth defects, developmental dis- designated), the following: [Strike the part printed in black abilities, and disabilities and health shall be ‘‘(e) ADVISORY COMMITTEE.—Notwithstanding brackets and, insert the part printed in transferred to the National Center on Birth any other provision of law, the members of the italic.] Defects on the date of enactment of the advisory committee appointed by the Director of Be it enacted by the Senate and House of Rep- Birth Defects and Developmental Disabil- the National Center for Environmental Health resentatives of the United States of America in ities Prevention Act of 2002.’’; and that have expertise in birth defects, develop- Congress assembled, ø(7) in subsection (f), by striking mental disabilities, and disabilities and health øSECTION 1. SHORT TITLE. ‘‘$30,000,000’’ and all that follows and insert- shall be transferred to and shall advise the Na- øThis Act may be cited as the ‘‘Birth De- ing ‘‘such sums as may be necessary for each tional Center on Birth Defects and Develop- ¿ fects and Developmental Disabilities Preven- of fiscal yeas 2003 through 2007.’’. mental Disabilities on the date of enactment of tion Act of 2002’’. SECTION 1. SHORT TITLE. the Birth Defects and Developmental Disabil- øSEC. 2. NATIONAL CENTER ON BIRTH DEFECTS This Act may be cited as the ‘‘Birth Defects ities Prevention Act of 2002.’’; and AND DEVELOPMENTAL DISABIL- and Developmental Disabilities Prevention Act (7) in subsection (f), by striking ‘‘$30,000,000’’ ITIES. of 2002’’. and all that follows and inserting ‘‘such sums as øSection 317C of the Public Health Service SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS may be necessary for each of fiscal yeas 2003 Act (42 U.S.C. 247b–4) is amended— AND DEVELOPMENTAL DISABIL- through 2007.’’. ø(1) in subsection (a)(2)— ITIES. SEC. 3. TECHNICAL CORRECTIONS FOR STATE ø(A) in subparagraph (A)— Section 317C of the Public Health Service Act COUNCILS ON DEVELOPMENTAL DIS- ø(i) by striking ‘‘and developmental dis- (42 U.S.C. 247b–4) is amended— ABILITIES abilities’’ and inserting ‘‘, developmental (1) in subsection (a)(2)— Section 122(a) of the Developmental Disabil- disabilities, and disabilities and health’’; and (A) in subparagraph (A)— ities Assistance and Bill of Rights Act of 2000 (42 ø(ii) by striking ‘‘subsection (d)(2)’’ and in- (i) by striking ‘‘and developmental disabil- 3 U.S.C. 15022(a)) is amended— (1) in paragraph (3)(A)(ii), by inserting before serting ‘‘subsection (c)(2)’’; ities’’ and inserting ‘‘, developmental disabil- the period the following: ‘‘, the amount received ø(B) in subparagraph (B), by striking ities, and disabilities and health’’; and by the State for the previous year, or the ‘‘and’’ at the end; (ii) by striking ‘‘subsection (d)(2)’’ and insert- amount of Federal appropriations received in ø(C) in subparagraph (C), by striking the ing ‘‘subsection (c)(2)’’; fiscal years 2000, 2001, or 2002, whichever is period; and (B) in subparagraph (B), by striking ‘‘and’’ at greater’’; and ø(D) by adding at the end the following: the end; (2) in paragraph (4)(A)(ii), by inserting before ø‘‘(D) to conduct research on and to pro- (C) in subparagraph (C), by striking the pe- the period the following: ‘‘, the amount received mote the prevention (including the preven- riod; and by the State for the previous year, or the tion of secondary conditions) of such birth (D) by adding at the end the following: amount of Federal appropriations received in defects and disabilities; and ‘‘(D) to conduct research on and to promote fiscal years 2000, 2001, or 2002, whichever is ø‘‘(E) to support a National Spina Bifida the prevention of such birth defects, disabilities, greater’’. Program to prevent and reduce suffering and the prevention of secondary health condi- from the nation’s most common perma- tions among individuals with disabilities; and Mr. KENNEDY. Mr. President, birth nently disabling birth defect.’’; ‘‘(E) to support a National Spina Bifida Pro- defects are the leading cause of infant ø(2) by striking subsection (b); gram to prevent and reduce suffering from the mortality in the United States. They ø(3) in subsection (d)— nation’s most common permanently disabling account for more than 20 percent of all ø(A) in the matter preceding paragraph (1), birth defect.’’; infant deaths. Of the nearly 120,000 ba- by striking ‘‘1999’’ and inserting ‘‘2004’’; (2) by striking subsection (b); bies born in the United States each ø(B) in paragraph (1)— (3) in subsection (d)— year with a birth defect, 8,000 will die ø (i) by inserting ‘‘and developmental dis- (A) in the matter preceding paragraph (1), by during their first year of life. This abilities’’ after ‘‘defects’’ each place that striking ‘‘1999’’ and inserting ‘‘2004’’; such appears; and (B) by striking paragraph (1) and inserting tragic loss of life is unconscionable and ø(ii) by inserting ‘‘and affected quality of the following: unacceptable when so many birth de- life’’ before the semicolon; ‘‘(1) contains information regarding the inci- fects are preventable. ø(C) in paragraph (3), by inserting ‘‘and de- dence and prevalence of birth defects, develop- This legislation will provide new velopmental disabilities’’ after ‘‘defects’’; mental disabilities, and the health status of in- hope for families across the country by

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.071 S02PT1 S9860 CONGRESSIONAL RECORD — SENATE October 2, 2002 developing better ways to identify the MEASURE READ THE FIRST NOMINATIONS causes of birth defects, better ways to TIME—H.R. 3534 Executive nomination received by prevent them, and better ways to apply Mr. REID. Mr. President, H.R. 3534 is the Senate October 2, 2002: what we already know. at the desk, and I ask for its first read- DEPARTMENT OF HEALTH AND HUMAN SERVICES The legislation gives strong new sup- ing. MARK B. MCCLELLAN, OF THE DISTRICT OF COLUMBIA, port to the National Center on Birth The PRESIDING OFFICER. The TO BE COMMISSIONER OF FOOD AND DRUGS, DEPART- MENT OF HEALTH AND HUMAN SERVICES, VICE JANE E. Defects and Developmental Disabilities clerk will read the title of the bill for HENNEY, RESIGNED. in the ongoing effort to improve the the first time. health of the nation’s children. The The legislative clerk read as follows: f Center’s leadership in reducing birth A bill (H.R. 3534) to provide for the settle- CONFIRMATIONS defects by educating pregnant women ment of certain land claims of Cherokee, about the benefits of folic acid and the Choctaw, and Chickasaw Nations to the Ar- Executive Nominations Confirmed by dangers of alcohol and drugs, can save kansas Riverbed in Oklahoma. the Senate October 2, 2002: thousands of children from suffering Mr. REID. Mr. President, I ask for its DEPARTMENT OF STATE the lifelong effects of preventable birth second reading, and I object to my own JAMES FRANKLIN JEFFREY, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF defects. request. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- The PRESIDING OFFICER. Objec- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES I urge the Senate to approve this bi- OF AMERICA TO THE REPUBLIC OF ALBANIA. partisan legislation, and I commend tion having been heard, the bill will re- JAMES IRVIN GADSDEN, OF MARYLAND, A CAREER ceive its second reading on the next MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF Senator BOND and Senator DODD for MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- their leadership and their continuing legislative day. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES commitment to improving the health OF AMERICA TO THE REPUBLIC OF ICELAND. f MARTIN GEORGE BRENNAN, OF CALIFORNIA, A CAREER of children. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- Mr. REID. Mr. President, I ask unan- ORDERS FOR THURSDAY, OCTOBER DINARY AND PLENIPOTENTIARY OF THE UNITED STATES imous consent that the committee-re- 3, 2002 OF AMERICA TO THE REPUBLIC OF ZAMBIA. VICKI HUDDLESTON, OF ARIZONA, A CAREER MEMBER ported amendment be agreed to, the Mr. REID. Mr. President, I ask unan- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- bill, as amended, be read the third COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND imous consent that when the Senate PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA time, passed, the motion to reconsider completes its business today, it stand TO THE REPUBLIC OF MALI. be laid upon the table, and that any DONALD C. JOHNSON, OF TEXAS, A CAREER MEMBER OF in adjournment until 10 a.m., Thurs- THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- statements relating thereto be printed day, October 3; that following the pray- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND in the RECORD. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA er and the pledge, the morning hour be TO THE REPUBLIC OF CAPE VERDE. The PRESIDING OFFICER. Without deemed expired, the Journal of pro- JIMMY KOLKER, OF MISSOURI, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- objection, it is so ordered. ceedings be approved to date, the time COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND for the two leaders be reserved for their PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA The committee amendment in the TO THE REPUBLIC OF UGANDA. nature of a substitute was agreed to. use later in the day, and there then be GAIL DENNISE THOMAS MATHIEU, OF NEW JERSEY, A a period for the transaction of morning CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, The bill (S. 2980), as amended, was CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- business until 11:30 a.m., with Senators read the third time and passed. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES permitted to speak therein for up to 10 OF AMERICA TO THE REPUBLIC OF NIGER. J. ANTHONY HOLMES, OF CALIFORNIA, A CAREER MEM- minutes each, with the first half of the BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- f time under the control of Senator LOTT SELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA or his designee, and the second half of TO BURKINA FASO. MEASURE READ THE FIRST the time under the control of the ma- AURELIA E. BRAZEAL, OF GEORGIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- TIME—H.R. 4793 jority leader or his designee; that at REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY 11:30 a.m., the Senate resume consider- AND PLENIPOTENTIARY OF THE UNITED STATES OF Mr. REID. Mr. President, I under- AMERICA TO THE FEDERAL DEMOCRATIC REPUBLIC OF stand H.R. 4793 is now at the desk, hav- ation of the Department of Justice au- ETHIOPIA. thorization conference report and vote RICHARD L. BALTIMORE III, OF NEW YORK, A CAREER ing come over from the House. I ask for MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF its first reading. on cloture; further, that the live MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- quorums with respect to the filed clo- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES The PRESIDING OFFICER. The TO THE SULTANATE OF OMAN. ture motions be waived. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT clerk will read the bill by title for the The PRESIDING OFFICER. Without TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- first time. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY objection, it is so ordered. CONSTITUTED COMMITTEE OF THE SENATE. The legislative clerk read as follows: f THE JUDICIARY A bill (H.R. 4793) to authorize grants JAMES KNOLL GARDNER, OF PENNSYLVANIA, TO BE through the Centers for Disease Control and ADJOURNMENT UNTIL 10 A.M. UNITED STATES DISTRICT JUDGE FOR THE EASTERN Prevention for mosquito control programs to DISTRICT OF PENNSYLVANIA. TOMORROW RONALD H. CLARK, OF TEXAS, TO BE UNITED STATES prevent mosquito-borne diseases. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TEXAS. Mr. REID. Mr. President, if there is LAWRENCE J. BLOCK, OF VIRGINIA, TO BE A JUDGE OF Mr. REID. Mr. President, I ask for its no further business to come before the THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A second reading, and I object to my own TERM OF FIFTEEN YEARS. Senate, I ask unanimous consent that CHARLES E. ERDMANN, OF COLORADO, TO BE A JUDGE request on behalf of my colleagues. the Senate stand in adjournment under OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES FOR THE TERM OF FIFTEEN YEARS TO The PRESIDING OFFICER. Objec- the previous order. EXPIRE ON THE DATE PRESCRIBED BY LAW. tion having been heard, the bill will re- There being no objection, the Senate, DEPARTMENT OF DEFENSE ceive its second reading on the next at 6:45 p.m., adjourned until Thursday, THOMAS FORREST HALL, OF OKLAHOMA, TO BE AN AS- legislative day. October 3, 2002, at 10 a.m. SISTANT SECRETARY OF DEFENSE.

VerDate Sep 04 2002 03:18 Oct 03, 2002 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 9801 E:\CR\FM\G02OC6.167 S02PT1 October 2, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1713 EXTENSIONS OF REMARKS

IN MEMORY OF FORMER CON- A PROCLAMATION RECOGNIZING mary and intermediate mentally retarded chil- GRESSMAN ROMAN PUCINSKI OF THE RETIREMENT OF FRED dren. The school programming expanded to ILLINOIS ABRAHAM three classrooms, as the primary program moved to Woodrow Wilson School in Bing- HON. ROBERT W. NEY hamton and the pre-school program moved to HON. J. DENNIS HASTERT OF OHIO Your Home Library in Johnson City. A half-day nursery school class for 3–5 year olds was OF ILLINOIS HON. RALPH REGULA also established. IN THE HOUSE OF REPRESENTATIVES OF OHIO In 1964, the Tioga ARC Chapter was IN THE HOUSE OF REPRESENTATIVES formed and opened its first workshop for Tuesday, October 1, 2002 Tuesday, October 1, 2002 adults in downtown Binghamton. In 1974, the Tioga and Broome County associations Mr. HASTERT. Mr. Speaker, I rise today to Mr. NEY. Mr. Speaker, Whereas, Fred Abra- merged and began to provide social opportuni- honor the memory of former Congressman ham was a 23 year advocate for wetland and ties through its Party Night Programs. Roman Pucinski who nobly served and rep- waterfowl conservation through Ducks Unlim- In 1977, ARC opened Supervised Commu- resented the people of Illinois for 14 years in ited; and nity Residences on Chapin and Main streets in Whereas, Fred Abraham was an integral this body. Binghamton and on Broad Street in Endicott. factor in the reauthorization of the North Amer- Additionally, it established the Carlton Street Roman Pucinski began a life of service by ican Wetlands Conservation Act, which raised Supervised Apartment Housing complex, enlisting as a private in the One Hundred and the appropriation from $6.75 million to $43.5 where the New Day Training program began. Sixth Cavalry during World War II. A member million; and It also established the Pre-Vocational Day of the Army Air Forces in the Pacific, he flew Whereas, Fred Abraham must be com- Training Program, which served 20 people. 49 missions over Japan and lead his bomber mended for his diligence, heart, and his ability ARC’s Day Treatment Program was its first to motivate those around him by establishing group on the first B–29 ‘‘Superfortress’’ bomb- Medicaid-funded program. a superb example; and ing raid over Tokyo in 1944. And his dedica- ARC began to provide employment opportu- Whereas, Ohio and the entire United States tion and bravery won him the Distinguished nities through its Supported Employment Serv- will continue to reap the benefits of Mr. Abra- Flying Cross and the Air Medal with Clusters. ices. Additionally, it established the Family ham’s dedication, service, and friendship; Support Services Program to assist families in In 1958, the people of Northwest Chicago Therefore, we join with the residents of the maintaining their children at home. It also es- elected Roman Pucinski to represent them in state of Ohio in celebrating Fred Abraham’s tablished the Individual Support Services Resi- the 86th Congress of the United States. Over years of service and retirement from Ducks dential Program, providing necessary assist- the course of his tenure in the House, Con- Unlimited. ance to individuals. gressman Pucinski became a champion of air- f In 1994, ARC opened the Tioga County line safety. As a newly elected member in PAYING TRIBUTE TO THE Multi-Functional Facility in Owego. The site is 1959, Congressman Pucinski strongly urged BROOME-TIOGA ASSOCIATION the county’s first provider for people with de- the government to require cockpit voice re- FOR RETARDED CITIZENS velopmental disabilities. The Day Habilitation corders in all airplanes that carry at least six Program, established in both Broome and passengers. In 1964, the Federal Aviation Ad- HON. MAURICE D. HINCHEY Tioga counties, provides services to 175 indi- viduals. ministration (FAA) ultimately adopted Con- OF NEW YORK Mr. Speaker, I am delighted to salute the gressman Pucinski’s proposal, phasing in the IN THE HOUSE OF REPRESENTATIVES requirement for cockpit voice recorders over Broome-Tioga ARC for its many years of dis- Tuesday, October 1, 2002 tinguished service to our community. It is my the following 3 years. Many years later, his pleasure to join the members, family and persistence and dedication to airline safety Mr. HINCHEY. Mr. Speaker, I rise today to pay tribute to the Broome-Tioga Association friends of ARC in extending my deepest ap- won Congressman Pucinski the FAA’s Silver for Retarded Citizens in celebration of its 50th preciation for its outstanding services. Medal of Distinguished Service. anniversary. I am honored to congratulate the f Yet, we should also remember Congress- ARC for its 50 years of service to Broome and RECOGNITION OF ‘‘TOWERS OF Tioga counties. man Pucinski for his invaluable contributions LIGHT’’ BY DOROTHY DIEMER ARC began its activities with a small group to education. As a sponsor of legislation to HENDRY strengthen public education, he secured fund- of families and individuals, which provided ing over several years to improve educational educational and recreational activities for their HON. ROBERT E. (BUD) CRAMER, JR. opportunities for the young people of Illinois. disabled children. In its infancy, the group or- ganized a half-day pre-school program for 3- OF ALABAMA In 1972, Congressman Pucinski left the to 8-year-olds in the Trinity Memorial Parish IN THE HOUSE OF REPRESENTATIVES House of Representatives to pursue a seat in House. Tuesday, October 1, 2002 the U.S. Senate. Although he was not elected In 1952, the ARC founders, a group of eight Mr. CRAMER. Mr. Speaker, I rise today to to the Senate, he continued his life of public local families, met to discuss the need for services for mentally retarded children. The share with the House of Representatives a service as a Chicago alderman from 1973 until poem written by one of my constituents, Doro- 1991. Broome County chapter of the New York As- sociation for the Help of Retarded Children thy Diemer Hendry of Huntsville, Alabama. Congressman Pucinski will forever be re- was founded on September 9, 1952. A pri- The poem, ‘‘Towers of Light,’’ was written at membered in the halls of the House for his mary class for 8 to 12 year olds was set up the time of the 1-year anniversary of Sep- many years of service and dedication to the in the Presbyterian Church. The founders tember 11 and provides us with hope and en- people of Illinois. And the people he so duti- raised money with bake sales and by obtain- couragement that we can become towers of fully represented will forever feel the impact of ing small donations. light in this world. I am pleased to share this poem with you today. his immeasurable contributions to their com- For 50 years, ARC has served our commu- munities. nity with diligence and care. Over time, the ‘‘TOWERS OF LIGHT’’ ARC has expanded its services to provide (By Dorothy Diemer Hendry) compassionate care to thousands of retarded Two shafts of light citizens. It opened full-time classrooms for pri- stream down through clouds

∑ 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. E1714 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 to bedrock of a crater to get to the usual anchorage of the ships, and Office Staff, to make the rebuilding and cleared of rubble and bones. which was the port of San Antonio de Umatag rededication of San Dimas Church a great We look up, up, up (Umatac). He decided that it would be good to success. these twin towers of light have a church in the southern part of the is- I would also like to recognize and commend until we must shield our eyes land which the Padres could settle. Father from their source, more luminous the many individuals who spent tireless hours than sun and moon and stars. Esquerra decided upon the village of Malesso, coordinating the celebration, from those who and built a church there under the patronage What is the source? will prepare the food for the village feast, set Not firestorm of planes of San Dimas. The Padre himself carefully at- up all of the palapalas and tents, decorate the commandeered and exploded tended the construction of the church. Two church and surrounding areas and the cele- in misbegotten piety and hate. years later in 1674, Father Esquerra was mar- brants who will all help to usher in the new Not savage burning of tyred. However, the legacy of the San Dimas San Dimas Catholic Church of Malesso this ‘‘heathen’’ temples or churches, Church still lives today. year. Biba San Dimas! Biba Malesso! Biba mosques or synagogues. Thirty-one pastors have served the people Guam! Not merciless holocaust of San Dimas Parish for 330 years. The Pa- of ‘‘enemy’’ fields and forests, dres include: f schools and homes and people. 1672–1674 Fr. Francisco Esquerra, S. J.; The source of light may 1674–1799 Fr. Raphael Canicia, S. J. & HONORING THE MEMORY OF go by different names in other Jesuits; your religion and mine, KENNETH MICHAEL GRAFF yet somehow the twin towers 1800–1805 Fr. Cristobal Ibanez; remind us of two neighbors filled 1836–1848 Fr. Jose Ferrer; with the radiance of the Golden Rule. 1851–1860 Fr. Juan Fernandez; HON. STEVE ISRAEL Neighbor from anywhere, 1864–1869 Fr. Faustino Fernandez Del OF NEW YORK let us not quarrel about Corral; holy names and ancient cruelties. 1870–1886 Fr. Mariano Martinez; IN THE HOUSE OF REPRESENTATIVES Let us fill the crater with loam 1886–1890 Fr. Juan Herrero; and plant a new garden on Earth. 1890–1891 Fr. Jose Lamban; Tuesday, October 1, 2002 In honor of heroes and loved ones, 1891–1893 Fr. Ildefonso Cabanilla; Mr. ISRAEL. Mr. Speaker, I would like to let us summon the courage, wisdom, 1893–1899 Fr. Crisogono Oitin; take this opportunity to pay tribute to 2 Lieu- and kindness to dwell in mutual peace. 1908–1923 Fr. Cristobal de Canals; Can we not become towers of light? tenant Kenneth Michael Graff, USMC, upon 1923–1927 Fr. Bernabe de Caseda; his passing on September 23, 2002 while at- f 1930–1934 Fr. Gil de Lagana; tending Naval Aviation School at Pensacola 1935–1936 Fr. Narcelo de Vallava; Naval Air Station. CELEBRATING THE REDEDICATION 1937–1940 Fr. Pastro de Arrayoz; OF THE SAN DIMAS CATHOLIC 1940–1942 Fr. Marcian Pellet; Lt. Graff was born and raised in Dix Hills, CHURCH OF MALESSO 1942–1945 Fr. Jesus Duenas & Fr. Oscar NY, and was a 1996 graduate of Half Hollow Calvo ministered to the people of Guam dur- Hills High School East. In 2001, he graduated HON. ROBERT A. UNDERWOOD ing the War Occupation; from the U.S. Merchant Marine Academy, OF GUAM 1945–1947 Fr. Marcian Pellet (Returns (USMMA), located in the town of Kings Point, IN THE HOUSE OF REPRESENTATIVES from a prison camp); NY, on Long Island. Kenneth was revered by 1947–1948 Adelbert Donlon; all of his peers because of his kind spirit and Tuesday, October 1, 2002 1948–1950 Fr. Julius Sullivan; his overwhelming willingness to help others. Mr. UNDERWOOD. Mr. Speaker, I rise 1950–1953 Fr. Alexander Feeley; Whether it was in the classroom, on the ath- today to recognize the rededication of one of 1954–1956 Fr. Antonine Zimmeran; letic field, or in the regiment, Lt. Graff excelled Guam’s oldest churches, the San Dimas 1956–1957 Fr. Sylvan Conover; in every facet of the Academy. In the regi- Catholic Church of Malesso. This Sunday, 1957–1967 Fr. Timothy Kavinaugh; ment, Kenneth held charge of an entire pla- September, 29, 2002, the residents of Guam 1967–1987 Fr. Lee Friel; toon in his company, as well as multiple petty will celebrate and welcome the new church 1987–1987 Fr. Felixberto Leon Guerrero; officer and squad leader billets. He was a key building, the patron saint of Malesso, which is 1987–1988 Fr. Patrick Castro; member of both the Academy soccer and the island’s southernmost village. For more 1988–1997 Fr. Jose Villagomez; baseball teams, where he turned in out- than three centuries the San Dimas Catholic 1997–1998 Fr. Eric Forbes; standing All-Star and championship team per- Church has stood as a center of faith and tra- Archdiocesan Clergy; and formances. Kenneth was a fierce competitor, a ditions for the community of Malesso. On the 1998–Present Fr. Mike Crisostomo strong student, an outstanding athlete, and a eve of the rededication celebration, I would Nearly 80 percent of Guam’s residents are person who took pride in his regiment. like to commemorate the rich history the San Roman Catholics. This identity has profoundly Dimas Church and the village of Malesso have shaped many of the island’s culture and tradi- Lt. Graff was a caring and thoughtful per- brought to my district of Guam. tions. For more than three centuries, pastors son. who could find common ground with any The history of Catholic missionaries in and parishioners have given their time and of the midshipmen, from his peers to his sub- Guam began on June 9, 1671, when the skills with strong loyalty and devotion to the ordinates. He was secure in himself and fo- Spanish ship Buen Socorro docked in Umatac San Dimas Church. cused on his goals. This dedication and focus Bay with four new padres for the Marianas The reopening of the doors at the San is exemplified by his success at the Academy, Mission. The four had come to relieve three Dimas Catholic Church of Malesso after four his decision to accept a commission in the Fathers already working in the Marianas under years of being closed to rebuild the church U.S. Marine Corps and his selection to Naval the guidance of Father San Vitores. Two of structure is especially meaningful to those who Flight School. These key events show the the new priests, Father Francisco Esquerra dedicated countless hours to coordinating its honor, integrity, drive, and patriotism of this and Father Francisco Solano, had come from reconstruction. Hundreds of church volunteers young man. the Philippines by way of Mexico. led by San Dimas’ Pastor, Pale Mike Mr. Speaker, this is a tribute to a young The Padres worked hard in Hagatna, the Crisostomo, devoted and sacrificed time work- man who was at the beginning of a promising capitol city of Guam, preaching to Spanish sol- ing on the church’s Finance Council, Demoli- and fruitful life. Though his life was short, he diers and lay workers, while maintaining care- tion Crew, Worship Space Volunteer Com- was an outstanding young man brought up by fully the devoted congregations formed by Fa- mittee, Dedication Committee, Parish Council, loving parents, family and friends. We will ther San Vitores. They rebuilt the Hagatna Pastoral Planning Committee, Finance Com- miss him and the promises and potentials he church, which had been destroyed in the ty- mittee, Solicitation Committee, Building Com- represented. We need more young people of phoon of 1671. Father Esquerra and the other mittee, Cemetery Committee, Confraternity of his upbringing and caliber to enrich our fami- Padres soon were not content to work only in Christian Mothers, Angel Tree Project, Faith lies, communities, and country. My condo- Hagatna, and began to make various mission Formation or ‘‘Eskuelan Pale’’, Ministers of Lit- lences go to his parents, Orris and Kenneth journeys covering more than half the island. urgy, Sacristan, Eucharistic Ministers, Aco- Graff and his brother, Michael John. I salute Late in 1672, Father Esquerra became con- lytes, Altar Servers, Music Ministry, Knights of the memory of their son and brother, 2nd Lt. cerned at the great distance they had to travel Columbus, Maintenance and Landscaping, Kenneth Michael Graff, USMC. CONGRESSIONAL RECORD — Extensions of Remarks E1715 A PROCLAMATION COMMENDING PERSONAL EXPLANATION HONORING MARLENE M. FANSLER SAN DIEGO’S TRIBUTE TO HEROES HON. GEORGE RADANOVICH HON. ROBERT W. NEY HON. SPENCER BACHUS OF CALIFORNIA OF OHIO OF ALABAMA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, October 1, 2002 Tuesday, October 1, 2002 Mr. RADANOVICH. Mr. Speaker, I rise Mr. NEY. Mr. Speaker, Whereas, San Tuesday, October 1, 2002 today to honor Marlene M. Fansler for her Diego’s Tribute to Heroes was established to dedication and service as President of the honor and support local heroes and their orga- Mr. BACHUS. Mr. Speaker, on Thursday September 26 I missed rollcall votes 416, 417, Fansler Foundation in Fresno, California. Mar- nizations; and lene Fansler will be honored at the Break the Whereas, San Diego’s Tribute to Heroes 418, 419, 420, 421, 422, and 423 due to a family emergency. If I had been present I Barriers Annual Fundraising Dinner on the should be commended for its worthwhile ef- evening of September 28, 2002. would have voted ‘‘yea’’ on rollcall 416, ‘‘aye’’ forts for servicemen and their families, emer- Marlene Malan Fansler was born in South on rollcall 417, ‘‘yea’’ on rollcall 418, ‘‘yea’’ on gency workers, and children’s health care; and Gate, California. As a toddler, Marlene moved Whereas, San Diego’s Tribute to Heroes rollcall 419, ‘‘nay’’ on rollcall 420, ‘‘yea’’ on to Fresno with her parents, Howard and Erma ball will be held October 5, 2002 at the San rollcall 421 ‘‘yea’’ on rollcall 422 and ‘‘yea’’ on Malan, where her father began his dental Diego Aerospace Museum; rollcall 423. practice. In 1957, Marlene graduated from Therefore, I join with the residents of the en- Fresno High School and went on to receive tire 18th Congressional District in recognizing f her Liberal Arts Degree from Brigham Young San Diego’s Tribute to Heroes organization for University in Provo, Utah. After marrying a fel- its dedication. TRIBUTE TO THE AMERICAN CAN- low Brigham Young graduate, Marlene taught CER SOCIETY’S MAN TO MAN f elementary school in Houston, Texas for a GROUP OF HUNTSVILLE, ALA- short period. She and her husband later re- PAYING TRIBUTE TO THE CREW BAMA OF THE USS ‘‘BENNION’’ 662 sided in Portland, Oregon where they raised their three children. In 1968, Marlene and her HON. MAURICE D. HINCHEY HON. ROBERT E. (BUD) CRAMER, JR. children moved back to Fresno to be near her OF NEW YORK parents. Marlene not only brought her teach- IN THE HOUSE OF REPRESENTATIVES OF ALABAMA ing skills to Fresno, but also the creative and managerial abilities she learned while devel- IN THE HOUSE OF REPRESENTATIVES Tuesday, October 1, 2002 oping a ‘stretch and sew’ knit fabric business. Mr. HINCHEY. Mr. Speaker, I rise today to Tuesday, October 1, 2002 She started a shop in Fresno’s Manchester pay tribute to the World War II veterans from Mall called Kopi Kat Knits, where she met D. the crew of the USS Bennion 662 on their re- Mr. CRAMER. Mr. Speaker, I rise today to Paul Fansler in late 1969. They married in union. recognize the American Cancer Society’s Man 1976 after a six-year courtship. The Bennion is one of many destroyers that to Man group in Huntsville, Alabama on their Marlene spent the next 14 years raising the participated in WWII. The majority of the men Fifth Anniversary. This group works hard to children, helping her husband with the devel- who served in the USS Bennion were just 17 educate our community about prostate cancer opment of Piccadilly Inn Hotels, and con- years old when they signed up to serve their and encourage testing for early detection. This tinuing her activities as a member and teacher country. group of men, who are each fighting their own in the Church of Jesus Christ of Latter Day The crew of 300 faced immeasurable dan- battles with prostate cancer, meet once a Saints. The combined families now total eight gers from Japanese Kamikazes and destroy- month to discuss the latest information about children, sixteen grandchildren, and two great- ers. They were exposed to enemy torpedo at- methods of screening, treatments, side effects, grandchildren. Paul Fansler began the Fansler tacks and air raids. Fortunately, the Bennion and coping with the disease. Foundation in 1984, to be supportive of local, crew survived because of their skillful coordi- worthwhile, legitimate, charitable, and civic en- nation and the indivisible combination of men As you know, September is National Pros- deavors with focus on developmentally chal- and material, which bounded them together for tate Cancer Awareness Month, and I want to lenged young people. After Paul’s unexpected a common purpose. commend this group of men, their spouses, death in 1990, Marlene took over the Pic- The Bennion was given a citation that and their families who work to increase aware- cadilly Inn Hotels and the Fansler Foundation. reads: ‘‘For extraordinary heroism in the action ness about prostate cancer. In 2002, approxi- Marlene is currently a member of the Cali- as a Fighter Direction Ship on Radar Picket mately 189,000 men will be diagnosed with fornia State University of Fresno Kremen duty, during Okinawa Campaign, April 1, 1945 prostate cancer. It is the most commonly diag- School of Education Community Council, to June 1, 1945. A natural and frequent target nosed cancer in men and is the second lead- Board of Pathways, a Foundation for UCP of of the heavy Japanese aerial attack while oc- ing cause of male cancer death. In fact, more Central California, Catholic Diocese of Fresno, cupying advanced and isolated stations, the than 30,000 American men lose their battles and the Marjaree Mason Center Art Auction USS Bennion defeated all efforts of enemy with prostate cancer every year. However, Committee. Under Marlene Fansler’s leader- Kamikaze and dive-bombing planes to destroy during the past five years, death from prostate ship, the Fansler Foundation has funded over her. Constantly vigilant and ready for battle cancer has been reduced by 27% due largely 30 organizations, including Break the Barriers. day and night, she sent out early air warnings, to increased early detection. Only by signifi- Mr. Speaker, I rise today to honor Marlene provided fighter direction and, with her own cantly increasing research funding for prostate M. Fansler for her commitment and devotion fierce gunfire downed 13 hostile planes, and cancer will we be able to develop necessary, to the people and organizations in which she she rendered a valiant service in preventing innovative treatments and find a cure. serves. I urge my colleagues to join me in the Japanese from striking in force the naval thanking her for her community service and forces off the Okinawa Beachhead. A valiant Mr. Speaker, I commend the Man to Man group for their grassroots efforts and advocacy wishing her many years of continued success. fighting ship, the Bennion, her officers and her f men withstood the stress and perils of vital for prostate cancer awareness and cancer re- radar-picked duty, achieving a gallant combat search. I appreciate the work they do to sup- PERSONAL EXPLANATION record which attests the teamwork, courage port the members of the North Alabama com- and skill of her entire company and enhances munity who have been diagnosed with this HON. C.L. ‘‘BUTCH’’ OTTER form of cancer, as well as their families. On the finest traditions of the United States Naval OF IDAHO behalf of the people of North Alabama and the Services.’’ IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am delighted to welcome and United States House of Representatives, I salute the crew of Bennion 662 in their re- send my congratulations to Jim Bennett and Tuesday, October 1, 2002 union. It is my pleasure to join the members, the Man to Man group of Huntsville on their Mr. OTTER. Mr. Speaker, previously sched- family and friends of this crew in extending my Fifth Anniversary and my best wishes for uled commitments caused me to miss the vote deepest appreciation for their outstanding many more years of successful service to our on H.J. Res. 111—making continuing appro- services and sacrifice for our country. community. priations for the fiscal year 2003. Had I been E1716 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 present I would have cast my vote in favor of O’Boyle established a Scholarship fund to help Mr. Speaker, Margaret Hallgren’s extraor- this legislation. This legislation is critical to the bright, needy students at her local parish dinary career of leadership, volunteerism and continued operation of our government. school. personal dedication in protecting the welfare f Mrs. O’Boyle stands out as an example of and quality of life of every member of the uni- the effect one person can have upon their formed services community is an inspiration A PROCLAMATION COMMENDING community and for this she is a Lehigh Valley and continuing lesson to all Americans. My CONGRESSMAN RANDY ‘‘DUKE’’ Hero in my book. best wishes and gratitude go with her. Mar- CUNNINGHAM Mr. Speaker, this concludes my Report from garet, I salute you on behalf of all our service- Pennsylvania. men and women, past and present who have HON. ROBERT W. NEY f worn and continue to wear the uniform. OF OHIO TRIBUTE TO MARGARET VINSON f IN THE HOUSE OF REPRESENTATIVES HALLGREN RECOGNIZING THE WORK OF THE Tuesday, October 1, 2002 AMERICAN CANINE ASSOCIA- Mr. NEY. Mr. Speaker, whereas, Congress- HON. JAMES P. MORAN TION’S SEARCH AND RESCUE man CUNNINGHAM joined the Navy in 1966 and OF VIRGINIA TEAMS AT GROUND ZERO IN NEW YORK is recognized as one of the most highly deco- IN THE HOUSE OF REPRESENTATIVES rated pilots in the Vietnam War; and Tuesday, October 1, 2002 Whereas, Congressman CUNNINGHAM was HON. JOSEPH R. PITTS designated the first flying ace in Vietnam and Mr. MORAN of Virginia. Mr. Speaker, I rise OF PENNSYLVANIA was awarded the Navy Cross for his coura- today to honor Margaret Vinson Hallgren, IN THE HOUSE OF REPRESENTATIVES geous acts; and President of the National Military Family Asso- Tuesday, October 1, 2002 Whereas, Congressman CUNNINGHAM ciation, NMFA, in recognition of her distin- Mr. PITTS. Mr. Speaker, I would like to ex- trained U.S. fighter pilots at the ‘‘Top Gun’’ guished service to our country. tend my gratitude and appreciation to the program at Miramar Naval Air Station; and For 18 years, while filling critical volunteer Search and Rescue Teams of the American Whereas, Congressman CUNNINGHAM now positions within NMFA, including four terms as serves his country in the United States House director of government relations and an un- Canine Association, ACA, who, for 8 weeks of Representatives; precedented six terms as president, Margaret following the terrorist attacks of September 11, Therefore, I join with the residents of the en- has worked tirelessly to help partially offset 2001, tirelessly and selflessly served at tire 18th Congressional District in recognizing the extraordinary hardships and sacrifices Ground Zero in New York City. Following the devastating attacks on our country and our Congressman RANDY CUNNINGHAM for a life- service members and their families endure time of service and sacrifice for our country. while serving our Nation. very way of life, handlers Robert Yarnall, Jr., Susan Yarnall, Heather Nothstein, Michael f Margaret Hallgren, whom I have the honor of knowing personally, has been a military Glass, Avi Thol, Travis Hayden, Sean Hayden, REPORT FROM PENNSYLVANIA family member all her life, first as an Army and Amy Dinardi, along with canines Gus, ‘‘brat,’’ then as an Army spouse. She is the Nela, Nala, Samson, and Duchess, came to HON. PATRICK J. TOOMEY widow of an active duty Army officer, W.H. the aid of a grieving nation and endured tre- mendous personal difficulty to assist in finding OF PENNSYLVANIA Vinson, Jr., and is now married to Hal E. survivors of the Twin Towers. IN THE HOUSE OF REPRESENTATIVES Hallgren, who retired after 30 years of active duty in the U.S. Army. She has four grown In the year since September 11, we have Tuesday, October 1, 2002 children and nine grandchildren. come to a new appreciation of the heroes who Mr. TOOMEY. Mr. Speaker, today I would After earning her B.A. degree from Vassar live among us, those who volunteer their time, like to share my Report from Pennsylvania for College and a Masters of Accounting from ability, and talent, without thought of recogni- my colleagues and the American people. Duke University in Political Science/Inter- tion. The actions of these handlers and ca- All across Pennsylvania’s 15th Congres- national Law, Margaret worked for 2 years as nines represent the true values of America— sional District there are some amazing people an Intelligence Analyst for the Central Intel- generosity, compassion, and service to com- who do good things to make our communities ligence Agency (CIA) in Washington, DC. munity—that have made us great. I am proud a better place. These are individuals of all Margaret later went on to an incredible ca- to have had these extraordinary people and ages who truly make a difference and help reer at the National Military Family Associa- canines represent Chester County and the others. I like to call these individuals Lehigh tion, NMFA, where she has touched the lives Commonwealth of Pennsylvania. The ACA de- Valley Heroes for their good deeds and ef- of hundreds of thousands of active duty, Na- serves our thanks and our commendation for forts. tional Guard, Reserve, and retired families in a job well done. Today, I would like to recognize Mrs. Grace her unwavering efforts to enable them to f Hart O’Boyle of Bethlehem. Mrs. O’Boyle is a achieve a reasonable quality of life. It is an CONGRATULATING DR. JAMES T. prime example of someone who has devoted understatement to say that Margaret has been HARRIS ON HIS APPOINTMENT her life to the betterment of our communities. in the vanguard of Congress’ and the Depart- AS PRESIDENT OF WIDENER UNI- Mrs. O’Boyle served Bethlehem Township ment of Defense’s actions to sustain readiness VERSITY as a junior high school, business and English and the All Volunteer Force. teacher and was an active participant in the Among her numerous accomplishments, HON. CURT WELDON city’s summer school program for many dec- perhaps her biggest achievement comes from OF PENNSYLVANIA ades. Despite commitments to Brownie troops her visionary work as one of the 12 original IN THE HOUSE OF REPRESENTATIVES and other youth organizations, Mrs. O’Boyle cofounders of the Military Coalition, TMC. The found time to raise a family and her strong Coalition was organized in 1985 for the sole Tuesday, October 1, 2002 commitment to education and the community purpose of attempting to repeal legislation Mr. WELDON of Pennsylvania. Mr. Speaker, is reflected in her own children’s education- which would have reduced retired pay cost-of- today I wish to welcome and congratulate the based careers. living adjustments by 22.5 percent over a 7- new president of Widener University, Dr. While most would relax in their retirement, year period. After TMC’s successful effort in James T. Harris III. Founded in 1821, Widener Mrs. O’Boyle saw her retirement only as an this area, Margaret and other leaders in the University is composed of eight schools and opportunity to help her community. She contin- Coalition had the foresight to recognize its fu- colleges that offer liberal arts and sciences, ued to substitute teach and was a member of ture potential and kept it intact. Today, the Co- professional and preprofessional curricula. A Bethlehem’s Professional Woman’s Associa- alition is comprised of 33 military and veterans comprehensive, teaching institution chartered tion, American Association of University organizations and represents more than 5.5 in both Pennsylvania and Delaware, Widener Women, and served with various other Organi- million active duty, National Guard, Reserve, is a three-campus university offering 150 pro- zations. retired members and veterans of the seven grams of study leading to an associate’s, Mrs. O’Boyle is marked by her humbleness uniformed services plus their families and sur- bachelor’s, master’s, or doctoral degree. Dr. and devotion, which she exhibited on her 80th vivors. Thanks to Margaret’s insight, NMFA Harris becomes only the ninth president in birthday. Instead of accepting the flowers and continues to be a leader in TMC on issues af- Widener’s rich 181-year history to lead this in- gifts that usually mark such an occasion, Mrs. fecting military families. stitution in continued excellence. CONGRESSIONAL RECORD — Extensions of Remarks E1717 Prior to assuming the top post at Widener, woman who was a socialite turned social Just as Winthrop defined America’s place in Dr. Harris recently served as president of Defi- worker, a lady of fashion who lived among the the world, he described how we must live to ance College in Ohio. With Dr. Harris at the poor, a woman of wealth who had no money, maintain it. ‘‘We must delight in each other,’’ helm, Defiance’s enrollment grew to its highest and a dedicated activist who learned the dis- he instructed. ‘‘Make others’ conditions our level in three decades, had the best 4-year cipline of sanctity. Catherine McAuley and her own; rejoice together; mourn together; labor graduation rate in the school’s history, and Sisters of Mercy brought aid and comfort to and suffer together.’’ Our whole nation suf- rose out of severe financial difficulties. Per- the impoverished of Dublin. Within ten years fered the same grievous wound on September haps most importantly, Dr. Harris improved the of its foundation, the Sisters of Mercy had ex- 11. Those who delivered the blow hoped it lives of his student by teaching them the value panded to aid people in other cities in Ireland would inaugurate our destruction. Instead, of community service and responsible citizen- and in England. In 1843, the first mission was they inspired America’s return to the commu- ship. The service-learning program he insti- started in the United States, and in 1854, the nity values and mutual commitment upon tuted continues to positively impact the sur- Sisters of Mercy came to San Francisco. In which our country was built. rounding community and the college’s aca- 1990, in completion of one stage of the proc- The attacks, the ongoing war, and the con- demic program. The success of this program ess by which the Catholic Church defines tinuing threats spur us to embrace again our ranked Dr. Harris in the Sir John Templeton sainthood, Pope John Paul II declared Cath- founding ideas: that all men and women are Foundation’s prestigious Honor Roll as one of erine McAuley Venerable. created equal; that America’s destiny is the the top 50 Character Building Presidents in Since its foundation, Mercy High School in world’s destiny—to secure life, liberty, and the America. San Francisco has dedicated itself to its mis- pursuit of happiness; that we cannot allow the I look forward to watching Widener and the sion of educating young women to be leaders centuries-old, world-wide fight for freedom to three communities it serves—Chester, PA, who make a difference in their church and in falter. This recollection of our original rights Harrisburg, PA, and Wilmington, DE, achieve their world. The school’s fine arts program is and responsibilities is a fitting tribute, is an apt new heights and benefit from Dr. Harris’ expe- one of the most diverse in the entire Bay memorial, to the lives that were lost and dev- rience and leadership. Widener and Dr. Harris Area, and the athletic and speech programs astated on that sad September day. stand as shining examples that the greatest have received state level recognition as well. f service one can provide is to educate another. Additionally, Mercy High School’s student gov- ernment has received the Medalist Award, the IN HONOR OF LOUISE WILSON Mr. Speaker, I ask my colleagues in the LEWIS House to join me in thanking Dr. Harris for his highest award given by the California Associa- contributions to our education system and tion of Student Councils. HON. ADAM B. SCHIFF wish him well in his new endeavor. Mr. Speaker, I am delighted and honored to pay tribute to this outstanding educational in- OF CALIFORNIA f stitution, and I invite all of my colleagues to IN THE HOUSE OF REPRESENTATIVES MERCY HIGH SCHOOL OF SAN join me in congratulating Mercy High School Tuesday, October 1, 2002 FRANCISCO CELEBRATES A on half century of service to the Archdiocese Mr. SCHIFF. Mr. Speaker, I rise today to HALF CENTURY OF SERVICE of San Francisco, the Bay Area, and our na- honor Louise Wilson Lewis, whose commit- tion. ment to Glendale Memorial Hospital over the HON. TOM LANTOS f last forty years has exemplified the spirit of OF CALIFORNIA COMMEMORATION OF selfless volunteerism that has been so integral IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 11, 2001 to our community. Tuesday, October 1, 2002 Born and raised in Los Angeles, Mrs. Lew- HON. NICK J. RAHALL II is’s first involvement with Glendale Memorial Mr. LANTOS. Mr. Speaker, I am honored to Hospital came at the age of sixteen, when she pay tribute to Mercy High School of San Fran- OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES volunteered as a candy striper for the hospital. cisco, located in my congressional district, on A self-described ‘‘professional volunteer,’’ she the occasion of the 50th Anniversary of its Tuesday, October 1, 2002 served in almost every volunteer position in founding. Since its inception in 1952, this ex- Mr. RAHALL. Mr. Speaker, ‘‘We must con- the hospital since beginning there four dec- traordinary educational institution has dedi- sider that we shall be as a city upon a hill,’’ ades ago. cated itself to providing the finest education for the Puritan preacher John Winthrop pro- Mrs. Lewis currently serves on the Glendale young women in the Bay area. claimed, as he and his followers sailed for Memorial Health Foundation Board of Direc- Mr. Speaker, Mercy High School was found- America and freedom. ‘‘The eyes of all people tors, where she is helping to raise $25 million ed half a century ago by the Sisters of Mercy, are upon us.’’ And so they have remained for for an expansion of the Hospital. She is also at the request of the San Francisco Arch- nearly four centuries. Many have looked to us an active member of St. Francis Episcopal diocese, in order to create a high school for in awe, inspired by a nation rooted in liberty. Church and works with Las Candelas, an or- girls in the growing Sunset, Lakeside, and Others have hated the ideal we embody, and ganization which assists emotionally disturbed Park Merced neighborhoods of San Francisco, wished us ill. But none can remove us from children. as well as in communities in northern San their gaze. In June of 2001, Louise Lewis was diag- Mateo County. Today, America’s economic prosperity, mili- nosed with cancer, and began to receive treat- Mercy High School has come a long way tary power, and technological advancement ment from the hospital she served for so long. since it first opened its doors to 199 students are without peer. Our daily comforts and con- For over a year, she battled the disease, in 1952. When Mercy High School was first veniences exceed those available to most of which, thanks to cutting-edge treatments and founded, the school consisted of one partially the six billion people who inhabit the earth. Mrs. Lewis’s fighting spirit, has now gone into finished building and was staffed by six Sisters But the ease of our lives does not render us remission. Mrs. Lewis’s outlook on her disease of Mercy and one lay person. Today the soft, or reluctant to retaliate when attacked. A is a statement of her courage: ‘‘Cancer is so school can boast of a student body of 600 stu- year ago, all the world watched in horror as a limited, and there is so much it cannot do to dents, and they are educated on a campus of small gang of wicked men took three thousand a being. It cannot undermine integrity, or in- six and half acres located in the heart of San innocent lives in New York, Washington, and vade the soul, or conquer the spirit.’’ Francisco’s Sunset District. The meticulously Pennsylvania. And it has not. She has continued her vol- maintained campus includes 22 classrooms, a Since the moment the first airplane struck unteer efforts with Glendale Memorial Hospital campus ministry, three science laboratories, a the first tower, Americans have shown, both and in March, she and her husband Tim will chapel, a 10,000-volume library, two computer on the battlefield and at home, the strength of celebrate their 30th wedding anniversary. Mrs. labs, and studios for the fine and performing our spirit, the mettle of our souls, and the Lewis’s commitment to Glendale Memorial arts. Additionally, the school recently com- force of our arms. From the firefighters climb- Hospital and the various charitable causes she pleted the Catherine McAuley Pavilion—a ing to their deaths, to the airline passengers supports makes her worthy of recognition, but magnificent structure containing state-of-the- who battled back, to the precious West Vir- her sheer determination to win her battle with art athletic facilities and an outstanding art gal- ginia sons and daughters who gave their lives cancer makes her an inspiration to us all. I lery. in Afghanistan, the world has witnessed acts ask all Members of Congress to join me in sa- Mr. Speaker, Catherine McAuley founded of American selflessness and bravery that rival luting Louise Wilson Lewis, whose strength of the Sisters of Mercy, a religious order, in Dub- the most revered in the annals of human his- will and selfless devotion to her community ex- lin, Ireland in 1831. She was an extraordinary tory. emplify the best in all of us. E1718 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 A PROCLAMATION HONORING years of service to the city of Hayward and to Involved extensively in the protection and ROBERT A. KRUEGER congratulate him on receiving the Lifetime recovery of McNabney Marsh in Martinez. For- Award. Banning Fenton’s dedicated work as merly Shell Marsh, this area was saved as HON. ROBERT W. NEY an educator and volunteer committed to pro- part of a settlement over an oil spill years ago. OF OHIO viding the best to the city of Hayward is a true It is named after Mt. Diablo Audubon Society’s IN THE HOUSE OF REPRESENTATIVES inspiration. well-known and respected former vice-presi- f dent of conservation, the late Al McNabney. Tuesday, October 1, 2002 Worked with the East Bay Regional Park Mr. NEY. Mr. Speaker, Whereas, Robert HONORING JOHN SULLIVAN UPON District on the establishment and development Krueger was born in Schenectady, New York HIS RETIREMENT of Waterbird Park in Martinez. on October 7, 1922; and Led fifty-four yearly field trips for MDAS Whereas, Robert Krueger married Arlene HON. RICHARD E. NEAL members and the public. Whitbeck on October 25, 1947 and they have OF MASSACHUSETTS Supported the Muir Heritage Land Trust two children and two grandchildren; and IN THE HOUSE OF REPRESENTATIVES which has initiated a bold plan to link together Whereas, Robert Krueger served his coun- Tuesday, October 1, 2002 many of our open space areas. Partnered with a local flood control district to try in the Army Air Corps from 1942 to 1946 Mr. NEAL of Massachusetts. Mr. Speaker, I restore and protect a 22-acre saline marsh in in the Pacific Theater during World War II; and rise today to honor the lifetime of service of Antioch, the Julia Cox Freeman Marsh. Whereas, Robert Krueger has exemplified a Fire Chief John (‘‘Jack’’) Sullivan to the com- Provided Audubon Adventures to over 90 love of life, caring, and service for his family munity of Bondsville, Massachusetts. His com- classrooms (3,000 students) throughout and neighbors; mitment to his town should be an example to Therefore, I join with the residents of the en- Contra Costa County. Since 1984 Audubon us all of an answer to the call of duty and re- tire 18th Congressional District of Ohio in con- Adventures has provided basic, scientifically- sponsibility to our Nation. America’s fire- gratulating Robert A. Krueger as he celebrates accurate facts about birds and wildlife and fighters play a vital part in our communities his 80th Birthday. their habitats. and deserve more recognition for their role. Partnered with Native Bird Connections and f ‘‘Jack’’ Sullivan began his career in public Wild Birds Unlimited to develop a life science service when he joined the National Guard in HONORING BANNING FENTON, RE- course of study for freshman and sophomore 1952. After three years with Company ‘‘B’’ CIPIENT OF THE CITY OF HAY- high school students. Currently two high 104th infantry, he was granted an Honorable WARD YEAR 2002 LIFETIME schools are participating in this program. Discharge. He then became a member of the AWARD Supported the expansion of the California Operating Engineers Union, Local #98. ‘‘Jack’’ Bluebird Recovery Program and the place- retired from that organization after 38 years of ment of hundreds of bluebird houses in Cali- HON. FORTNEY PETE STARK involvement. OF CALIFORNIA In 1967, ‘‘Jack’’ joined the Bondsville Fire fornia. IN THE HOUSE OF REPRESENTATIVES Department. About one year later, Bondsville Participated in many events and festivals in Contra Costa County and northern California Tuesday, October 1, 2002 endured one of the worst fires in its history. ‘‘Jack’’ fought the Bondsville Mill Fire along- to help educate the public about birds and the Mr. STARK. Mr. Speaker, I rise today to habitat they require. commend Banning Fenton, recipient of the side over 500 firefighters from 18 different fire departments. The blaze burned for over 24 Initiated the Conta Costa County Breeding City of Hayward Year 2002 Lifetime Award. Bird Atlas. This Atlas (a major five-year project Banning Fenton has worn many hats hours and caused a great deal of damage to property in the town. Most of the effort to fight underwritten by MDAS) will be an important throughout his life—soldier, educator, volun- tool in the battle to preserve open space and teer, historian, and now, as this year’s recipi- the fire was simply to prevent it from spread- ing. breeding habitats for birds. ent of the City of Hayward Lifetime Award, he Conducted slides shows and nature presen- adds a ‘model citizen’ hat to his collection. Due to his exemplary service, ‘‘Jack’’ quickly became a captain and ultimately, in 1977, he tations to many schools and other groups For the past ten years, Banning has focused throughout Contra Costa County. his attention on helping the Hayward Arts rose to the position of Fire Chief. He has filled that post for the past 25 years. In that time, he Closely involved in the development of the Council and the Hayward Area Historical Soci- Delta Science Center. ety reach their goal to enhance the city and has been able to obtain a substantial amount of equipment for the training and safety of his Participated in fifty Christmas Bird Counts. record and share its history. We know we speak for all Members of Con- As part of his mission to make his city a firefighters. His dedication to the community of Bondsville does not stop with his commitment gress when we congratulate Mt. Diablo Audu- better place, Banning has taught a class about bon Society on its 50th anniversary and wish Hayward’s history, created a book of historical to the Fire Department; he was a member of countless committees to improve the safety of its members many more years of environ- post cards depicting Hayward’s past, and led mental stewardship. historic walking tours of downtown Hayward. the town. After 35 years with the Bondsville Fire De- f Most recently, Banning wrote a book, partment, he has decided to retire. The ‘‘Hayward: The Heart of the Bay.’’ TRIBUTE TO THE STANFORD LIN- Prior to becoming involved in the city as a Bondsville community is greatly indebted to EAR ACCELERATOR CENTER ON volunteer, Banning taught in the Hayward Uni- Fire Chief Sullivan for his years of service. In- THE OCCASION OF ITS 40TH AN- fied School District for over thirty years and for deed, we are, as a Nation, eternally grateful to NIVERSARY CELEBRATION two years at Bishop Willis College in Uganda, all our firefighters for their selfless contribution East Africa. Banning assisted in the formation to our society. HON. ANNA G. ESHOO f of the Elementary School Science Association OF CALIFORNIA of Northern California, serving as its president ‘‘MT. DIABLO AUDUBON SOCIETY’S IN THE HOUSE OF REPRESENTATIVES for two years. He also assisted elementary 50TH ANNIVERSARY’’ school teachers with presenting science work- Tuesday, October 1, 2002 shops. HON. ELLEN O. TAUSCHER Ms. ESHOO Mr. Speaker, I rise today to After his retirement from the Hayward honor one of the world’s most renowned OF CALIFORNIA School District in 1981, Banning became a do- science research facilities, the Stanford Linear IN THE HOUSE OF REPRESENTATIVES cent at Strybing Arboretum in Golden Gate Accelerator Center, SLAC, located in the dis- Park and developed plant guides for the Hay- Tuesday, October 1, 2002 tinguished 14th Congressional District of Cali- ward Sensory Garden and Ardenwood Park in Mrs. TAUSCHER. Mr. Speaker, we rise fornia, on the occasion of its 40th anniversary Fremont. He was also active in the formation today to invite our colleagues to join us in con- celebration. of the Friends of the Hayward Public Library, gratulating Mt. Diablo Audubon Society as it Hailed as one of the world’s leading re- served on the board of the Ohlone Audobon celebrates its 50th anniversary. search laboratories, SLAC was established in Society, and was president of the local retired Founded in 1953, Mt. Diablo Audubon Soci- 1962 at Stanford University with the support of teacher’s association for two years. ety (MDAS) has an impressive record of envi- the U.S. Department of Energy to design, con- I am honored to join the colleagues of Ban- ronmental achievements in Contra Costa struct and operate state-of-the-art electron ac- ning Fenton in commending him for his 53 County, including the following: celerators and related experimental facilities CONGRESSIONAL RECORD — Extensions of Remarks E1719 for use in high-energy physics and synchro- tant Men, Fraternal Order of Masons, Alpha missioner of the Superior Court of California, tron radiation research. Phi Alpha Fraternity and the Deacons Board Alameda County. Since its inception, SLAC has made enor- of the Third Baptist Church. Additionally, he is Prior to his appointment to the Superior mous and lasting contributions to the fields of a lifetime member of both the National Ad- Court, Supervisor Kanninen served as Com- science and technology. To name but a few, vancement for Colored People and the Urban missioner of the Alameda County Municipal the Laboratory led the development of particle League. Court. When the two courts were unified in accelerators that were at first used for pure re- Mr. Robinson has two children, Myron F. 1998, he was appointed to his current posi- search, then later developed for many prac- Robinson, who currently serves as the presi- tion. Presiding over criminal matters and civil tical applications including the daily use of dent of the Urban League of Greater Cleve- cases, Commissioner Kanninen has handled medical accelerators in our nation’s hospitals. land, and Anita Gorham, who now resides in arraignments, sentencings, traffic, jury trials, SLAC’s research in particle physics has also Detroit, Michigan. He is the proud grandparent pretrials, and motions. given scientists a new understanding of how of two and boasts often of his four great- After graduating from Hastings College of our universe was constructed with the dis- grandchildren. Law in San Francisco in 1971 and being ad- covery of quarks, the smallest known compo- Happy birthday, Mr. Robinson! mitted to the state bar in 1972, Commissioner nents of matter. SLAC was also the first lab- f Kanninen opened a small private practice, oratory in the world to create a user facility handling a wide array of cases. In 1982 he en- using synchrotron radiation for research now CONGRATULATING THE LIONS tered the Navy Reserves Judge Advocate conducted in medical science, biology, chem- CLUB OF VAN BUREN, ARKAN- General Corps, reaching the rank of Captain. istry, physics, materials science and environ- SAS ON ITS 80TH ANNIVERSARY This position was not Commissioner mental science. Our nation even learned Kanninen’s first experience with the Navy. about the World Wide Web through SLAC, HON. JOHN BOOZMAN After graduating from the University of Chi- where the first American World Wide Web site OF ARKANSAS cago with a B.A. in Political Science in 1961, was established. IN THE HOUSE OF REPRESENTATIVES Kanninen—who intended to join the foreign Many of SLAC’s extraordinary accomplish- service—was recruited into the Navy. He Tuesday, October 1, 2002 ments and the Laboratory’s high-energy phys- served until 1966, earning a Vietnam Defense ics program is made possible by SLAC’s B- Mr. BOOZMAN. Mr. Speaker, I rise today to Ribbon with three stars and the Armed Forces Factory. I’m proud to have led the successful congratulate the Van Buren Lions Club for Reserve Medal. effort in Congress to build the B-Factory at serving the Van Buren community for 80 In 1996, Commissioner Kanninen was SLAC, upgrading an earlier electron-positron years. I salute the dedication and leadership awarded the prestigious Meritorious Service collider. This state-of-the-art instrument most provided via the motto ‘‘We Serve.’’ Having Medal by President Bill Clinton for outstanding recently helped obtain conclusive evidence of formerly been a member of the Rogers Lions service from October 1990 through September how B mesons disintegrate, giving scientists Club, and having practiced optometry for 25 1995 in the Judge Advocate General’s Corps. clues to the subtle difference between matter years, I truly value the club’s accomplishments He is a member of the California Court Com- and antimatter. The B-Factory is a vital com- in eye care. missioners Association, California Judges As- ponent of SLAC, making the Laboratory an The legacy founded in Chicago in 1917 by sociation, and the American Judges Associa- internationally recognized facility, with over Melvin Jones has grown into an organization tion. 3,000 scientists visiting from U.S. universities, which boasts a membership of 1.4 million. Ac- An active member of the community, Com- national laboratories, private industries and cepting the challenge first posed by Helen Kel- missioner Kanninen sings with the Ohlone foreign countries each year. ler to become ‘‘Knights of the Blind’’ in the Community College Choir, and has served as SLAC’s remarkable work has been honored crusade against darkness, Lions have pro- president of the Second Chance Community with three Nobel Prizes awarded to SLAC fac- vided 3 million cataract surgeries, funded 68 Crisis Center, as District Chairman of the Boy ulty professors, demonstrating the enormous eye clinics and hospitals, and have screened Scouts of America, and as President of the contributions SLAC has made and will con- 6 million patients for eye disease. They also Newark Chamber of Commerce. tinue to make in science and technology. The distribute 4 million pairs of eyeglasses annu- I am honored to join the colleagues of Mi- history and achievements of SLAC have not ally in developing countries. Having personally chael L. Kanninen in commending him for his only made it one of the leading research facili- assisted with the distribution of eyeglasses in many years of dedicated and exemplary serv- ties in the world, but also one of our nation’s Haiti, I can honestly say that the efforts of the ice to his country, state, and community. His greatest treasures. Lions truly impact the lives of those less fortu- commitment to justice is an inspiration for all. Mr. Speaker, I ask my colleagues to join me nate. f in honoring the Stanford Linear Accelerator I encourage each member of the Van Buren Center and all its scientists, researchers, fac- Lions Club to continue the work of this valu- COMMEMORATING SEPTEMBER 11, ulty and staff on the occasion of its 40’h anni- able organization. Their contributions to the 2001 AND ON THE OCCASION OF versary celebration. We’re a better, more sci- Lions Club International Foundation, which THE SPECIAL JOINT MEETING OF entifically and technologically advanced, and funds Leo Clubs, Youth Camps, the Inter- CONGRESSS IN NEW YORK ON safer nation because of SLAC and its extraor- national Youth Exchange, and the annual con- SEPTEMBER 6, 2002 dinary accomplishments. sultation at the United Nations, serve to bring f hope to many. HON. BOB GOODLATTE ROMEO JAMES ROBINSON TURNS Mr. Speaker, on this historic 80th anniver- OF VIRGINIA 90 YEARS YOUNG sary, I applaud the Van Buren Lions for their IN THE HOUSE OF REPRESENTATIVES dedication to the world’s largest service orga- Tuesday, October 1, 2002 HON. STEPHANIE TUBBS JONES nization. Thank you for allowing me the oppor- tunity to recognize them. Mr. GOODLATTE. Mr. Speaker, one year OF OHIO ago, Americans looked on in horror as the IN THE HOUSE OF REPRESENTATIVES f events of September 11 unfolded. At the end Tuesday, October 1, 2002 HONORING THE RETIREMENT OF of the day the skyline of one of our greatest Mrs. JONES of Ohio. Mr. Speaker, today, I CALIFORNIA STATE SUPERIOR cities was forever changed, the Pentagon, a am pleased to recognize Romeo James Rob- COURT COMMISSIONER FOR ALA- symbol of America’s military might was still inson for turning 90 years young. Mr. Robin- MEDA COUNTY, MICHAEL L. smoldering, and a previously indistinguishable son was born on September 9, 1912 in KANNINEN field in western Pennsylvania had suddenly Youngstown, Ohio, and throughout his life, he and terribly become an unmarked grave for achieved many great accomplishments. In HON. FORTNEY PETE STARK America’s newest heroes. 1941, he earned the bachelor’s of science de- OF CALIFORNIA In the aftermath of the Challenger space gree in Chemistry from Youngstown State Uni- IN THE HOUSE OF REPRESENTATIVES disaster, when seeking to comfort a shocked versity, and after 30 years of dedicated serv- and hurting country, President Reagan told us Tuesday, October 1, 2002 ice, Mr. Robinson retired from Youngstown that the ‘‘The future doesn’t belong to the Sheet and Tool in 1968. Mr. STARK. Mr. Speaker, I rise today to fainthearted; it belongs to the brave.’’ Over- He has always been a beacon in his com- honor Michael L. Kanninen on his retirement whelmed by grief, and reeling from a devasta- munity, serving on the Organization for Protes- July 16, 2002, after 18 years as Court Com- tion, attack, some nations would have been E1720 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 crippled to the point of inaction. Our enemies for more than a decade and travels across the Arnold Shalom Hyman, a Bronx native him- perceived us as weak, soft, unwilling or unable state organizing chapters and exhibits. She self, also made significant contributions that to respond. It is obviously an understatement presents programs on a variety of issues that won him the affection of the Bronx community. to say they miscalculated. affect older Americans, and is constantly gath- He received his Associates Degree in Busi- In a tribute to the excellence of our armed ering information to improve her expertise in ness Retailing from the Bronx Community Col- forces and to the leadership of President all these areas. lege, his Bachelor’s Degree from Long Island Bush, we succeeded in swiftly toppling the Her introduction to volunteering came while University, and his Master’s Degree in Library Taliban, thereby liberating the people of Af- her husband was a patient at the Dom Vet- Science from Queen’s College. After 38 years ghanistan. In this volatile region of the world, eran Administration Hospital in Columbia. Mrs. of experience at the New York Public Library, America’s national security is directly at stake, Campbell spent many hours assisting other Arnie became the regional branch librarian at for when regimes that tolerate terror and dis- patients there while her husband underwent the Kingsbridge Library Center. He has also respect human life are left to their own de- dialysis. Her love of helping others blossomed led the longest running community book dis- vices, they export hatred and murder. into volunteer relationships with the National cussion group in the Bronx. His service also On the home front we moved swiftly to pro- Federation of the Blind, local nursing homes extends to his participation in the Pelham Re- form Democratic Club and the community tect against future attacks. Congress gave law and churches. When Mrs. Campbell has not board meetings of Riverdale. Additionally, enforcement new tools, restructured the belea- committed her time to one of her many favor- Arnie served as President of the Community guered INS, and most recently took steps to ite causes, she can be found taking friends Center of Israel and as an active member of establish a Department of Homeland Security. and neighbors to the doctor or shopping, sit- ting with shut-ins or visiting a friend in the hos- the New York Library Association. Recently, I traveled to New York City for a This couple exemplifies the integrity of the pital. Commemorative Joint Meeting of the U.S. American family. They have three children Her devotion to those in need should be an Congress, which was held at Federal Hall, just Amy, Elena and Stefan. I would like to join inspiration to us all. ‘‘They think I have helped blocks from where the twin towers once stood. them and all their relatives and friends in con- them, but they have it wrong, they have Federal Hall also served as the site of George gratulating them and wishing them well in their helped me much, much more.’’ Washington’s swearing in, the location where retirement. the Bill of Rights was drafted and the setting Before volunteering became her calling, of the first meeting of the United States Con- Mrs. Campbell served 27 years as a Dietitian f gress. In an era when historical significance is Assistant at Lower Richland High School and LATINO COMMUNITY’S ACCOM- often missed and sentimentality is at times the Midlands Center. Now widowed, she was PLISHMENTS DURING HISPANIC scoffed at, the symbolism of this meeting must the devoted wife of Thomas Campbell for 48 HERITAGE MONTH not be overlooked. years and the mother of two. She is a member Democracy is alive and flourishing and de- of Mt. Elon Baptist Church in Horrell Hill. HON. MICHAEL E. CAPUANO spite the best efforts of those who would seek Mr. Speaker, I ask that you and my col- OF MASSACHUSETTS to destroy us, we remain the ‘shining city on leagues join me in honoring Margaret Camp- IN THE HOUSE OF REPRESENTATIVES a hill’envisioned by our Founders—as can be bell for her selfless dedication to senior citi- attested to by the resilience, courage and self- zens across South Carolina. I commend her Tuesday, October 1, 2002 less sacrifice, which has characterized our na- on receiving the Andrus Community Service Mr. CAPUANO. Mr. Speaker, I rise today to tional response. Award, and wish her good luck and God- recognize the many contributions made by the On the anniversary of this day, which has speed. Latino community to our nation. As we cele- been eternally seared in to our national con- f brate Hispanic Heritage Month, it is fitting that science, our thoughts and prayers go out to we pay tribute to America’s diversity and cele- those Americans whose lives have been for- IN RECOGNITION OF ARNIE AND brate the role that immigrant communities ever changed by the loss of a loved one. SHARON HYMAN played in the history of our nation. Winston Churchill once said, ‘‘The price of Millions of Hispanic men and women have greatness is responsibility.’’ This September HON. ELIOT L. ENGEL come to the United States from Mexico, Puer- as we mourn the loss and commemorate the to Rico, Cuba and other Caribbean regions, OF NEW YORK lives of our fallen countrymen, we must not Central America, South America and Spain, in forget the raw emotions that marked that day, IN THE HOUSE OF REPRESENTATIVES search of freedom and the opportunity for a for they underscore our responsibility and will Tuesday, October 1, 2002 more prosperous future. They brought with them a commitment to family, a strong work give us the impetus to continue in the unfin- Mr. ENGEL. Mr. Speaker, I rise today to ished task before us. ethic and a firm belief in the American Dream. honor two wonderful people who have dedi- Hispanic culture continues to shape the f cated their lives to making the Bronx and New American experience, During this month, let York City a better place. In fact, Arnie and TRIBUTE TO MARGARET us recognize the important contributions His- CAMPBELL Sharon Hyman have more than 70 years of panics have made socially, economically and combined community service. Over the years politically, including the vibrant Hispanic Amer- I have worked with both Arnie and Sharon in ican spirit that has influenced our nation’s art, HON. JAMES E. CLYBURN many community and political efforts. They are music and cuisine. One of the most significant OF SOUTH CAROLINA now retiring, but I am sure will continue to be contributions made by Latinos is to our na- IN THE HOUSE OF REPRESENTATIVES an important part of our community. tional defense. Hispanics fought for the United Born on the 4th of July of 1947, Sharon Tuesday, October 1, 2002 States in every war and approximately 80,000 Lynn Blank Hyman is a true American public men and women are currently on active duty. Mr. CLYBURN. Mr. Speaker, I rise today to servant. She attended Hunter College during Latinos are also the fastest growing seg- pay tribute to Margaret Campbell of Horrell her undergraduate years and obtained her ment of the U.S. population, currently rep- Hill, South Carolina, and a resident of the Masters in Library Science at Columbia Uni- resenting 12.5% of the total population. More Sixth Congressional District, who is being hon- versity. She began her career as a children’s than 30 million Americans claim Hispanic ori- ored with the 2002 Andrus Community Service librarian in 1969 at the Westchester Square gin. I represent Massachusetts’ 8th Congres- Award by the American Association of Retired Branch Library, the place where she met her sional District, where more than 15% of my Persons (AARP). Mrs. Campbell is one of only husband. While working at the New York City constituents are Hispanic. That number con- 53 award recipients nationwide selected for Board of Education, Sharon devoted much of tinues to grow. In a Nation that derives its embodying AARP’s slogan To Serve, and Not her love and care to her three children. She strength from many cultures and races, His- Be Served. worked for more than a dozen years as a sub- panic Americans are a thriving force in our so- This lively 76-year-old serves as the South stitute teacher and then as a school librarian ciety and a vital part of our economy. Carolina AARP Associate State Coordinator at Middle School 206B. These many years of This month and always, let us celebrate the for Community Operations, but her dedication dedication and passion for her work have talents, culture and spirit Hispanic Americans goes far beyond the parameters of her job made Sharon Hyman a loved and admired cit- have brought and continue to share with this title. Mrs. Campbell has volunteered for AARP izen of the Bronx. great nation. CONGRESSIONAL RECORD — Extensions of Remarks E1721 REGARDING BOB WHITE THE STATE OF FAMILY FARMS 1979 and 1998. And in the last 10 years, Amer- ica lost another 155,000 farms. According to the USDA National Agriculture Statistics HON. DAVID D. PHELPS Service, there are only 1.91 million farmers HON. SOLOMON P. ORTIZ OF ILLINOIS remaining in the U.S. That’s the lowest OF TEXAS IN THE HOUSE OF REPRESENTATIVES number of farms in the United States since Tuesday, October 1, 2002 1850. A major source of pride and income IN THE HOUSE OF REPRESENTATIVES that our country has valued from its infancy Mr. PHELPS. Mr. Speaker, I rise today to is now disappearing in front of our eyes at a Tuesday, October 1, 2002 state that I am very proud to represent the remarkable speed. One of my favorite songs is American Mr. ORTIZ. Mr. Speaker, I rise to pay tribute very best of America, the heartland, central and southern Illinois, where family farms and Farmer by Charlie Daniels. My favorite line to a giant in the South Texas community and in the song is ‘‘You better wake up America, a unique American patriot, Bob White, a leg- other family owned businesses do more with wake up America, cause if the man don’t endary pioneer in broadcasting in the Coastal less. work, then the people don’t eat!’’ Isn’t that Bend, upon the occasion of his retirement. Recently, I was privileged to speak to a the truth? America can’t afford to lose 50 group of farmers about the new Farm Bill and farms a day. Farmers generate 15% of the The General Manager of KIII, Channel 3, in other agricultural issues such as ethanol, bio- Gross Domestic Product and 1 trillion dol- Corpus Christi, Texas, Bob is a broadcast vet- diesel and value-added products, which will lars in economic activity each year. The U.S. eran, having spent 33 years in Corpus Christi. serve to diversify our economy and tax base. is the world’s largest agriculture exporter. After service in the United States Navy, Bob So what is causing all of this? One of the I was impressed with the attendance and biggest factors of the loss of family farms in dedicated his entire career to Texas broad- views of the young people, who offered valu- casting. America is low market prices and high ex- able input at the meeting. They are deeply penses. The market prices now are extremely In 1977, he won the prestigious Abe Lincoln concerned with the future, and what it holds low. Market prices have dropped every year Award, an award presented annually to one for them on the family farm. since the last farm bill was approved. Farm- television manager in the United States for ex- I want to commend Shana Renae Stine for ers are getting roughly half of the prices cellence in broadcasting. He later served as presenting a quality statement in a speech she they were receiving in 1996 and it can only President of the Texas Association of Broad- created and delivered about changes to save get worse without a new farm policy. Cur- rently, these prices are 35–50 percent lower casters. family farms. This work is a very impressive than they were 15 years ago. And the price to After beginning his broadcasting career in collection of thoughts that clearly come from operate a farm is off the scale. Fertilizer, radio, he eventually spent 33 years in Corpus her heart. I would like to congratulate her on tractors, combines, machinery—All of these Christi television, setting the pace for excel- winning awards for this outstanding master- cost more money than ever. piece. Another contributor to these problems is lence and telling the stories about numerous corporate farms. They are invading America. memorable events. In 1970, KIII–TV was cited LOSING FAMILY FARMS—TIME FOR CHANGE Listen to these numbers: for the excellent coverage and public service (By Shana Stine) Two percent of farms produce 50 percent of in telling the stories and showing the pictures Two years ago, I had the opportunity to go agricultural product sales. of Hurricane Celia which so damaged the with my uncle to ‘‘Rally for Rural America’’ Of the remaining hog farms, 2 percent con- in Washington, D.C. We joined 3,000 other trol nearly half of all hog inventory. South Texas area. KIII used portable genera- 79% of all cattle are controlled by just 4 tors and car lights to power and light the pic- family farmers and Rural Americans with the hope to sway our congressperson toward companies. tures; they were up for two days before any 98% of all poultry is produced by huge cor- helping agriculture. I really didn’t under- other station joined them on the air. porations. stand why I was there. I just wanted to go Four firms control 82 percent of beef pack- A consummate businessman, Bob under- sightseeing. As my luck usually goes, it ing, 75 percent of hogs and sheep, and half of stood the value and dynamic of the Hispanic rained the whole time, making sightseeing chickens. consumer long before the Census did. He fol- impossible. Instead, I was stuck listening to Corporate farms make up only six percent lowed Hispanic stories, and nurtured the Do- politicians and farmers speak about things of farmers, but they take 60 percent of all mingo Pena Show in the latter years of the that were way over my head. At first I hated farm receipts. it; I wished I’d stayed home. But as the day Can’t you see it? The numbers are right in 20th Century, the only Hispanic television pro- went by, I heard story after story of families front of you. Corporate farms are taking gram in South Texas for a long time. losing their farms. I saw grown men cry and over America. The Domingo Live program is still broadcast my heart went out to them. I may not have Another sometimes overlooked problem is each Sunday and is the longest running live, understood why I was there, but I understood the small number of new farmers. At no local Spanish language program in America. pain and suffering, and I knew something other point in the history of U.S. agri- needed to change. culture, have we faced such a wide KIII sits proudly atop the TV ratings in Corpus America was based on agriculture. The generational gap in farm participants. Twen- Christi in very large measure due to the in- lives of some of the first people here, like In- ty-five percent of all farmers are 65 years of spired following KIII acquired in the years Bob dians and Pilgrims, depended on working the age and older. Nearly half of all farmers are pursued Hispanic stories. soil. And now we are losing one of our great- over age 55, while just 8 percent are under est traditions. The U.S. Department of Labor A native Texan, his proudest achievements age 35. No one wants to come back and farm. stated, ‘‘Of all occupations in America, farm- Do you blame them? The state agriculture is are his 3 children, 4 grandchildren, and his 42- ing is facing the greatest decline.’’ The U.S. in right now is pathetic. In 1998, farmers year marriage to his wife, Joyce. Bob is a pil- Department of Agriculture recently pro- earned an average of only $7,000 per year lar of our community. He has hosted and or- jected net farm income to decline by 20 per- from their farming operations. Most family ganized the Driscoll Foundation Children’s cent in 2002 (about $9 billion) on top of the 25 farmers must work jobs off the farm just to Hospital Children’s Miracle Network Telethon percent income drop that has occurred since make ends meet. 88 percent of the average at KIII which began in 1985 and raised nearly 1996. Another report by the U.S. Department farm operator’s household income comes $1.5 million dollars in 2002. Bob is an invalu- of Labor projected farming and ranching to from off-the-farm sources, Who wants to lose more jobs than any other economic sec- able member of the Chamber of Commerce, come back to the farm when they can work tor in America during the next 10 years. And in town for twice the money and half the the Convention and Tourist Bureau, the Art if that’s not bad enough, in November, USDA labor? Museum of South Texas, and numerous other reported the largest single-month drop in So what can be done? That’s what everyone South Texas service organizations. prices since it has been keeping records— wants to know. A start would be getting the Bob began his broadcasting career in Port over 90 years. Our roots are embedded in ag- government to stop hurting family farmers and start helping them. We need a farm bill Arthur, Texas, then moved to Bryan-College riculture and now they are being turned over and disposed of. that is good for family farmers. Something Station, Texas. In 1961 he went to Houston; in In 1920, more than 30% of the Illinois popu- far different than the 1996 FAIR Act, or Free- 1967 he moved to Fort Worth; then in 1969 he lation lived on farms. By 1960 the percentage dom to Farm Act. It was drawn up with the came to Corpus Christi. His journey from radio dropped to 7.5. From 1960 to 1990, that per- supposed intention of leveling the playing to TV came via KIII–TV. He became General centage shrank to 1.6%, and, in the last ten field by removing public regulations and al- Manager in 1972. years, it has fallen below 1%. As Illinois lowing the market to dictate the farm indus- loses farmers, so does all of America. On av- try. It eliminated commodity price support I ask my colleagues in the House today to erage, 50 American farmers go out of busi- programs. Prices plunged in 1997 and farmers join me in commending the broadcasting ca- ness every day and 16,000 go out of business had no safety net. Congress passed an emer- reer of a pioneer in South Texas television, every year. It has been calculated that gency aid proposal, and since then the gov- Bob White. 300,000 farmers went out of business between ernment has paid farmers billions of more E1722 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 dollars to make up for low prices. Yeah There are legitimate reasons for some of Replace Head of Household Filing Status that’s great, but if the prices were better this complexity. Defining income in a manner with New Exemption—Head of Household fil- then we wouldn’t have to deal with this. that is fair and easy to administer is inherently Now it’s time for a new farm bill The ing status has long been a leading-source of House passed their version in October and complex, and, it must be acknowledged, any taxpayer confusion and mistakes during the fil- the Senate passed theirs this month. There tax measured by income—even a flat tax— ing season. In 2000, the IRS fielded over half are several differences in the two bills. The must reflect the way income is earned in a a million taxpayer questions on filing status. House bill would spend about $36 billion over complex economy such as our own. But, for a An error on filing status can have con- five years and the Senate bill would spend variety of reasons, the tax code has become sequences throughout the return, and it can $44 billion in five years. The Senate has pay- far more complicated than necessary. In many lead to costly interest and penalty charges ment limitations, which would restrict large cases, there is a clear answer to the question later on. To address this problem, the bill re- farms from receiving huge amounts of money of whether a rational person would design a places Head of Household filing status with a from the government, and a ban on tax provision the same way from a clean slate. meatpackers owning livestock more than $3,700 ‘‘Single Parent Exemption.’’ This two weeks before slaughter. The House bill The objective of the legislation I am intro- amount will be indexed. The proposal, as a spends more on a farm safety net than the ducing today is to roll back this sort of com- whole, is revenue neutral. Senate bill. The House and Senate each have plexity. One or more of the bill’s provisions The bill achieves further simplification by a committee and they are going to come up would simplify annual filing for every individual cross referencing the new uniform definition of with a farm bill that everyone can agree taxpayer. a qualifying child. with. They plan on meeting and coming up This legislation builds on a bill that I intro- Simplified Taxation of Social Security Bene- with a bill by Easter, before Congress re- duced in the 106th Congress, the Tax Sim- fits—Under present law, determining whether cesses. plification and Burden Reduction Act. The Something that every citizen can do, and and how much social security benefits are Ways and Means Subcommittee on Oversight subject to tax is a highly involved process that should do, is write his or her congressperson. has held numerous hearings on tax simplifica- President Eisenhower once said, ‘‘Farming requires the completion of an 18 line work- looks mighty easy when your plow is a pen- tion, and the bill draws on the record built at sheet. Many taxpayers are not eligible to use those hearings. Several of the provisions of cil, and you’re a thousand miles from the this worksheet, and they must refer to a 27 this legislation appeared first as recommenda- cornfield.’’ Tell your congressperson how page publication. much agriculture affects you. Let him or her tions in the Joint Committee on Taxation’s The bill would simplify the calculation by re- know that you support the farm bill. Con- April, 2001 report, and the staff of the Joint pealing the 85% inclusion rule that was en- vince him. Sway him. Just let him know you Committee on Taxation has helped to refine acted in 1993. This alone would remove 6 are out here. all of the proposals contained in the bill. Other lines from the Form 1040 worksheet. Going I live on a fifth-generation farm. Farming provisions originated with the work of the Tax is all we have. Without it, we have nothing. further, the proposal would index the 50% in- Section of the American Bar Association and My grandpa, my uncle and my father—farm- clusion rule for future inflation, and greatly the American Institute of Certified Public Ac- ing is all they know. My brothers want to simplify the calculation of income for purposes countants. I welcome comments from other in- come back and farm, but will they be able to of this rule. Tax exempt interest will no longer dividuals and organizations on the bill and and will they even want to? Will the market be required to be added in the calculation. In- prices be too low and the price to farm too other simplification measures. high? Will a corporate farm buy us out? Los- Our future as a nation depends on our abil- dexation will mean that fewer taxpayers will be ing a farm is not like losing a job; it is losing ity to raise revenue in a manner that is fair required to complete the calculation and in- both your livelihood and your home. It’s a and equitable. The Internal Revenue Code clude benefits in income. way of life that is unique and it cannot sim- must be simplified to restore faith by all tax- Simplify Capital Gains Tax—Under present ply be replaced with something else, because payers in our tax system. law, there are seven different capital gains there is nothing else like it. rates that apply to various kinds of disposi- Something has to change or we can kiss The proposal includes the following provi- sions: tions of property. There are special rates for agriculture goodbye not only on my farm, taxpayers in lower tax brackets, for property not only in Illinois, but in America. Some- I. INDIVIDUAL INCOME TAX SIMPLIFICATION thing has to be done. It’s time for change. Alternative Minimum Tax—Inflation has held five years or more, and for gain on col- lectibles. Before 1986, there was one rule: f caused many middle-income taxpayers to be subject to AMT by eroding the value of the 50% of capital gains are deductible. For any INDIVIDUAL AND SMALL BUSI- AMT exemption. Rising state and local taxes investor who has struggled to fill out Schedule NESS TAX SIMPLIFICATION ACT have added to the problem, because state D of Form 1040, it will come as welcome OF 2002 taxes are not deductible in calculating taxable news that the bill proposes a return to the sys- income for AMT purposes. The failure to allow tem in place prior to 1986. HON. AMO HOUGHTON a state and local tax deduction for AMT pur- No taxpayer will pay a higher capital gains OF NEW YORK poses is one of the most unfair aspects of the rate under this proposal. By definition, the IN THE HOUSE OF REPRESENTATIVES Internal Revenue Code. It results in double capital gains rate that individuals pay will be no more than one-half of their marginal in- Tuesday, October 1, 2002 taxation of income, and it forces taxpayers who live in states with higher income taxes to come tax rate. Therefore, this proposal pre- Mr. HOUGHTON. Mr. Speaker, today I am bear a larger percentage of the federal tax serves the progressivity that is accomplished introducing a bill, the Individual and Small burden than those who live in states with by a rate structure under current law, and the Business Tax Simplification Act, to address an lower taxes or no tax. If we allow the AMT to maximum rate will be no more than one-half of ever-increasing problem. In 1935, there were remain unaddressed, this unfair and inequi- the highest marginal income tax rate. Thus, 34 lines on Form 1040 and instructions were table disparity will worsen over time. the maximum effective capital gains rate two pages. Today, there are well over 13,000 As a result of inflation, the Joint Committee would be 19.3% in 2003, and an individual in pages of forms and instructions. The tax code on Taxation predicts that more than 35 million the 10% bracket would have a 5% capital and regulations have mushroomed to over 9 will pay AMT within ten years. Currently, AMT gains rate. million words. Approximately eighty-percent of affects less than 2 million taxpayers. A recent Repeal of 2% Floor on Miscellaneous the paperwork burden of the entire federal study by the Urban-Brookings Tax Policy Cen- Itemized Deductions—The bill follows the rec- government is related to tax compliance, and ter confirms this finding and further notes that ommendation of the Joint Committee on Tax- the extent of this burden is staggering. In if left unattended the AMT will shift a substan- ation that the 2% floor on miscellaneous 2001, individual taxpayers spent an estimated tial portion of the tax burden of this country to itemized deductions should be repealed. This 21⁄2 billion hours on federal tax compliance. urban and suburban middle-class taxpayers. provision was originally enacted in 1986 to Businesses spent an additional 2 billion hours. Congress would not design a system with ease administrative burdens for the IRS and The value of this lost time is incalculable, but these features deliberately, and we should not record keeping burdens for taxpayers. it does not even include the economic cost of allow it to happen by default. Instead of easing taxpayers’ burdens, it has decisions based on a faulty understanding of Under the proposal, the AMT exemption caused extensive litigation and controversy the law. Nor does the 41⁄2 billion hour total in- would be adjusted for inflation since the date over such matters as whether an individual is clude time spent on planning. An added cost it was enacted and indexed for inflation in fu- properly characterized as an employee or an of complexity is that it undermines voluntary ture years. State and local taxes would be- independent contractor. It has also resulted in compliance. It is a haven for promoters of du- come fully deductible under the new AMT. The disparate treatment of similarly situated tax- bious schemes and it often produces unin- effect of these changes will be to restore AMT payers. For example, an employee whose job tended consequences. to its intended purpose and stop its growth. requires him to pay out of pocket for travel, CONGRESSIONAL RECORD — Extensions of Remarks E1723 professional publications, or education is dis- penses. This credit would apply on a per-child the proposal, a partnership engaged in an ac- advantaged compared to a taxpayer in a simi- basis, and it would not be limited to the first tive trade or business may contribute substan- lar job whose employer reimburses such two years of post-secondary education. tially all of its assets to a new corporation and items. Uniform Definition of Qualifying Higher Edu- immediately thereafter engage in a tax free re- Simplify Taxation of Minor Children—This cation Expense—The bill adopts the rec- organization. provision would eliminate the current restric- ommendation of the Joint Committee on Tax- The bill would also adopt a recommendation tions on adding a minor child’s income to the ation that there should be a uniform definition of the American Institute of Certified Public parent’s return. A parent could freely elect to of higher education expense for purposes of Accountants and the American Bar Associa- include the income of a child under 14 on his the various education tax benefit programs. tion that the definition of earnings from self- or her own tax return, regardless of the char- The varying definitions that exist in current law employment should not include the portion of acter and amount of the child’s income. Par- greatly complicate the task of determining a partner’s distributive share that is attrib- ents and children would retain the ability to file which education benefit is best for the tax- utable to capital. This proposal contains rea- separate returns, but the unearned income of payer. sonable safe harbors and it would eliminate a minor child would be subject to tax at the II. SMALL BUSINESS TAX SIMPLIFICATION the disparate treatment of limited partners, S rates applicable to trusts. The single filing rate Uniform Passthrough Entity Regime—This corporation shareholders, and limited liability structure would continue to apply to the child’s provision would combine the benefits of Sub- company members. The current rules can only earned income. chapter S (S corporations) and Subchapter K be described as a historical anachronism and Simplify Dependent Care Tax Benefits—The (Partnerships) of the Internal Revenue Code in a significant trap for the unwary. Additionally, bill would conform differences between the a single, unified passthrough entity regime the bill would adopt the recommendation of Dependent Care Tax Credit and the Exclusion based on Subchapter K. While at one time, the Joint Committee on Taxation that the for Employer-Provided Dependent Care As- Subchapter S provided the only avenue for electing large partnership rules should be sistance. The two programs serve identical prospective investors to avoid the corporate- eliminated. purposes, but their rules are different. Under level tax while retaining a full liability protec- Some may argue that by repealing the S this proposal, the dollar limit on the amount tion, the emergence and broad acceptance of election, the proposal forces more taxpayers creditable or excludable would be increased to limited liability companies (LLCs) has provided to contend with a more complex tax regime, $5,500, and the percentage creditable would investors with an alternative. There are now but this is generally not true. If there is a de- be increased to 35%. These provisions would two separate, fully-articulated passthrough en- mand, investors can create an investment ve- be further simplified by a cross-reference to tity regimes. the new uniform definition of a qualifying child. Maintaining two separate passthrough entity hicle with all the features of an S corporation Accelerate Repeal of PEP and PEASE— regimes is expensive and unnecessarily com- by contract or they may select a state law The bill would accelerate and make perma- plicated. It increases costs both for taxpayers business form that restricts flexibility, such as nent the repeal of the overall limitation on and for the IRS. At a time when the IRS is a corporation or close corporation. This would itemized deductions (PEASE) and the per- striving to train its auditors to understand eliminate nearly all of Subchapter K’s feared sonal exemption phaseout (PEP). These provi- passthrough entities, and a new class of in- complexity. The relative complexity of Sub- sions add complexity and complicate planning vestors is struggling to understand the pros chapter K stems from its greater flexibility. The for millions of taxpayers. The Economic and cons of the two regimes, the time is ripe proposal allows investors to regulate the level Growth and Tax Relief Reconciliation Act of to rationalize this most complex area of the In- of tax complexity by voluntary agreement 2001 (EGTRRA) repeals these provisions over ternal Revenue Code by reconciling Sub- among the investors or through the investors’ a period of years from 2006 to 2009, but, be- chapter S and Subchapter K. choice of a state law business entity. cause of EGTRRA’s sunset provisions, PEP The objective of the proposal is to establish Increase Section 179 Expensing Limit—The and PEASE spring back to life in 2011. a single passthrough entity regime that pre- bill would increase the limit on expensing to Uniform Definition of a Child—One of the serves the major benefits of Subchapter S and $25,000 in the tax year after enactment and to most challenging and difficult problems that Subchapter K. Domestic corporations that are $40,000 after 2012. This measure will greatly taxpayers face each year is to navigate the not publicly traded would have a new election reduce complexity for many small businesses multiple definitions of a qualifying child for the to be treated as a partnership for federal tax by minimizing controversy over whether an dependent exemption, the child tax credit, the purposes, and the S election would be re- item should be expensed or capitalized. dependent care credit, the earned income tax pealed. The proposal would therefore endorse, Rollover of Property Held for Productive Use credit, and for purposes of determining head and extend, the 1996 Check-the-Box regula- or Investment—Present law strongly favors so- of household filing status. The bill would es- tions to allow state law corporations to elect phisticated taxpayers over ordinary small busi- tablish a uniform definition of a child based on partnership status. Existing S corporations ness owners in the execution of like-kind ex- the residence, relationship, and age of the would be permitted to continue as S corpora- change transactions. Thirty-seven pages of child. The Proposal would replace the rule that tions for ten years at which time they would be the Code of Federal Regulations is devoted to requires taxpayers to prove that they provide required to elect partnership or corporate sta- the topic of like-kind exchanges, and a library more than one-half of a child’s support with a tus. could be filled with the court decisions, rev- preference for the parent who provides hous- So as not to undermine the corporate tax enue rulings, and letter rulings that Section ing for the child for more than one-half of the that will remain applicable to publicly traded 1031 of the IRC has engendered. Attorneys year. In addition, the bill would establish that corporations and other entities that elect to be and exchange facilitators must execute hun- means-tested government benefits are gen- taxed as corporations, a corporation that dreds of thousands of pages of documents erally disregarded in determining eligibility for elects partnership status with undistributed each year to comply with the formalistic rule tax benefits. earnings and profits will be required to track that prevents the owners of like-kind property Combine HOPE and Lifetime Learning distributions of earnings under rules similar to from receiving cash in a like-kind exchange Credits—Like the dependent care credit and IRC Section 1368. Similarly, electing corpora- transaction. the exclusion for employer provided depend- tions (including S corporations) with appre- There is a simple way to eliminate this pa- ent care assistance, the HOPE and Lifetime ciated assets will be required to pay a built in perwork: repeal the limitation on sales for cash Learning Credits (LTL) serve nearly identical gains tax if they sell or dispose of such assets and allow a like-kind exchange within 180 purposes, but they have different rules. The within the first ten years after the election. days before or after the disposition of relin- LTL credit is a per-taxpayer credit, and it ap- However, corporations (including S corpora- quished property. The bill does this. plies on up to $10,000 of qualifying, education tions) that elect partnership status will not be expenses. The HOPE credit is a per-child required to recognize entity-level gain as a re- Repeal of Collapsible Corporation Rules— credit, and it applies with respect to the first sult of the election. The 8 proceeds of built in Finally, the bill would repeal the collapsible $2,000 of qualifying education expenses in- gain transactions will be added to historic corporation rules that linger in the tax code as curred during the first two years of post-sec- earnings and profits and not currently taxed to a trap for the unwary. These rules were en- ondary education. Both credits are for higher the partners. acted to prevent an abuse that has not existed education, but taxpayers face a challenge to Consistent with the overall objective of pre- since the repeal of the General Utilities doc- determine which credit is best for their cir- serving the benefits of Subchapter S, the pro- trine. The repeal of these rules is long over- cumstances. The bill would merge the two posal will establish a means for passthrough due. credits, providing a credit for one-half of the entities to engage in tax free reorganizations I urge my colleagues to join me in cospon- first $3,000 of post-secondary education ex- with entities classified as corporations. Under soring this legislation. E1724 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 CONFERENCE REPORT ON H.R. 2215, a career that has spanned three decades, De- TELEVISION CONSUMER FREEDOM 21ST CENTURY DEPARTMENT OF tective Casey has served on numerous high- ACT JUSTICE APPROPRIATIONS AU- profile cases. In 1992 he was transferred to THORIZATION ACT the Homicide Squad where he helped put HON. RON PAUL some of the most abhorrent criminals behind OF TEXAS SPEECH OF bars. He worked on the TWA Flight 800, Long HON. JANICE D. SCHAKOWSKY Island Sniper cases and other important IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS cases. He has made a lasting contribution to Tuesday, October 1, 2002 the safety of Long Island residents. IN THE HOUSE OF REPRESENTATIVES Mr. PAUL. Mr. Speaker, I rise to introduce On August 5, 2002, Detective LeRoy Smith Thursday, September 26, 2002 the Television Consumer Freedom Act, legis- retired from the Suffolk County Police Depart- lation repealing regulations that interfere with Ms. SCHAKOWSKY. Mr. Speaker, I rise ment. He will be missed by his colleagues and a consumer’s ability to avail themselves of de- today in support of the establishment of a Vio- by the community that has depended upon his sired television programming. lence Against Women Office in H.R. 2215, the hard work for so many years. I come to this My office has received numerous calls from Department of Justice Authorization Con- floor so that I may offer my congratulations rural satellite and cable TV customers who are ference Report. The establishment of a strong and best wishes to Detective Smith. upset because their satellite or cable service office that will have jurisdiction over all matters Mr. Speaker, Long Island owes a debt of providers have informed them that they will related to violence against women is long gratitude to Detective LeRoy Smith. lose access to certain network television pro- overdue. I am pleased to know that this office grams and/or cable networks. The reason my will have access to the highest levels of De- f constituents cannot obtain their desired sat- partment of Justice policy making and will TRIBUTE TO ERNIE HARWELL ellite and cable services is that the satellite have a director who is appointed by the Presi- and cable ‘‘marketplace’’ is fraught with gov- dent. I hope the President will make a ernment interventionism at every level. Cable thoughtful decision and use this opportunity to HON. JOE KNOLLENBERG companies have historically been granted fran- appoint a director who is a true advocate for OF MICHIGAN chises of monopoly privilege at the local level. women’s safety, not just a figurehead. Vio- IN THE HOUSE OF REPRESENTATIVES Government has previously intervened to in- lence against women is one of the most seri- Tuesday, October 1, 2002 validate ‘‘exclusive dealings’’ contracts be- ous problems in this country today, and we tween private parties, namely cable service need to have strong laws, adequate re- Mr. KNOLLENBERG. Mr. Speaker, today I providers and program creators, and has most sources, and effective enforcement efforts in introduce a resolution to congratulate Ernie recently assumed the role of price setter. The order to combat it. I believe the establishment Harwell. On September 29, 2002, Mr. Harwell Library of Congress has even been delegated of this office is a step in that direction. signed off for the last time as the ‘‘voice of the the power to determine prices at which pro- In addition, if we are serious about helping Detroit Tigers.’’ gram suppliers must make their programs women who have been victims of domestic vi- For over forty years, Ernie Harwell has available to cable and satellite programming olence and sexual assault, it is critical that we brought the Detroit Tigers alive for those who service providers. provide them with the resources they need to could not make it to the ballpark. Since 1960, It is, of course, within the constitutionally escape the violence. I urge my colleagues to people all over Michigan and the Great Lakes enumerated powers of Congress to ‘‘promote appropriate funds to the Department of Hous- region have been able to listen to Mr. Harwell the progress of science and useful arts by se- ing and Urban Development for transitional on the radio or television. In that time, Ernie curing for limited times to authors and inven- housing programs for women and their chil- Harwell has become synonymous with base- tors the exclusive right to their respective dren who have been victims of such violence. ball, like hot dogs, peanuts, and Crackerjack. writings and discoveries.’’ However, operating I have introduced H.R. 3752, the Domestic Vi- As a child, Ernie Harwell overcame a a clearing-house for the subsequent transfer olence and Sexual Assault Victims Housing speech impediment and made his first mark in of such property rights in the name of setting Act, which would authorize $50 million for FY the sports world by writing for ‘‘The Sporting a just price or ‘‘instilling competition’’ via 2003 for such a program. This bipartisan legis- News’’. As a sixteen year old, he was as- ‘‘central planning’’ seems not to be an eco- lation currently has 112 cosponsors. It is cru- signed as the correspondent to the Atlanta nomically prudent nor justifiable action under cial to provide a stable, sustainable home Crackers. In 1948, he became the only broad- this enumerated power. This process is one base for women who have left situations of caster to be traded for a player. The Brooklyn best reserved to the competitive marketplace. domestic violence and are learning new job Dodgers sent Cliff Dapper to the Atlanta Government’s attempt to set the just price skills, participating in educational programs, Crackers in exchange for Ernie Harwell. Since for satellite programming outside the market working full-time jobs, or searching for ade- then, Mr. Harwell has broadcast games for the mechanism is inherently impossible. This has quate child care in order to gain self-suffi- Brooklyn Dodgers, New York Giants, Balti- resulted in competition among service pro- ciency. Transitional housing resources and more Orioles, and the Detroit Tigers. Amaz- viders for government privilege rather than the services provide a continuum of care between ingly, in those 55 years, Mr. Harwell missed consumer benefits inherent to the genuine free emergency shelter and independent living. only two games. It is time that we make ending violence market. Currently, while federal regulation Ernie Harwell has been inducted into the against women a national priority. I believe the does leave satellite programming service pro- Radio Hall of Fame, the National Sports- establishment of a strong Violence Against viders free to bypass the governmental royalty casters Hall of Fame and the Michigan Sports Women Office is an important step in the right distribution scheme and negotiate directly with Hall of Fame. He has been named the Michi- direction. owners of programming for program rights, gan Sportscaster of the Year 17 times. In there is a federal prohibition on satellite serv- f 1981, Mr. Harwell became the first active ice providers making local network affiliates’ ON THE RETIREMENT OF LEROY broadcaster to be inducted into the Baseball programs available to nearby satellite sub- SMITH Hall of Fame in Cooperstown, New York. scribers. This bill repeals that federal prohibi- Throughout the 2002 baseball season, Ernie tion and allows satellite service providers to HON. STEVE ISRAEL Harwell has been recognized as one of the more freely negotiate with program owners for true greats of the game. He has been honored OF NEW YORK programming desired by satellite service sub- with pre-game ceremonies. He has thrown out scribers. Technology is now available by IN THE HOUSE OF REPRESENTATIVES first pitches. In Cleveland, the visitor’s press which viewers will be able to view network Tuesday, October 1, 2002 box was renamed ‘‘The Ernie Harwell Visiting programs via satellite as presented by their Mr. ISRAEL. Mr. Speaker, I rise to pay trib- Radio Booth.’’ September 15, 2002, was nearest network affiliate. This market-gen- ute to an exemplary member of the Long Is- ‘‘Ernie Harwell Day’’ at Comerica Park in De- erated technology will remove a major stum- land community. troit. bling block to negotiations that should cur- The Suffolk County Police Department con- While Ernie Harwell is leaving the radio rently be taking place between network pro- sistently shows us the best and most heroic booth, he plans to remain active in the Detroit gram owners and satellite service providers. that Long Island has to offer. For thirty-two community. Mr. Speaker, I wish Ernie Harwell This bill also repeals federal laws that force years Detective LeRoy Smith has been a com- and his wife, Lulu, health and happiness as cable companies to carry certain programs. mendable member of that department. During they pursue their future endeavors. These federal ‘‘must carry’’ mandates deny CONGRESSIONAL RECORD — Extensions of Remarks E1725 cable companies the ability to provide the pro- Ken continues to give of his time to impor- as pay for survey and administrative costs. gramming desired by their customers. Deci- tant personal priorities. He has served on the That is simply not fair. These individuals sions about what programming to carry on a Blue Cross-Blue Shield of St. Louis Board for bought the land in good faith and the govern- cable system should be made by consumers, 15 years and has been a longtime member of ment should not be allowed to take it from not federal bureaucrats. the Board of Trustees for Westminster Col- them simply because of a survey error over Mr. Speaker, the federal government should lege. He also established a foundation at Cov- 120 years ago. not interfere with a consumer’s ability to pur- enant Presbyterian Church where he is a long My legislation corrects the problem by cre- chase services such as satellite or cable tele- time member. He has served on the Cox ating a solution that retains the correct owner- vision in the free market. I therefore urge my Health System Board of Directors, was a ship situation without placing the expense of colleagues to take a step toward restoring founder of the First City National Bank and correcting it on the affected property owners. freedom by cosponsoring my Television Con- was a Regent at Southwest Baptist University. H.R. 4874 allows BLM to issue a ‘‘disclaimer sumer Freedom Act. Ken’s philosophy may be best captured in a of interest’’ in the affected lands so title com- f Vince Lombardi poster that declares ‘‘Winning panies and Kootenai County can proceed with HONORING KEN MEYER is a habit.’’ Ken Meyer has certainly lived a life ownership related matters surrounding clear as a champion of causes. He may be the title. The legislation also authorizes the nec- most enthusiastic supporter that Southwest essary funding for BLM to conduct a new sur- HON. ROY BLUNT Missouri State University has ever had. vey and perform the required administrative OF MISSOURI On the occasion of Ken’s 75th birthday on procedures. IN THE HOUSE OF REPRESENTATIVES October 14, I wish to thank him for his untiring Most of the property owners involved in this Tuesday, October 1, 2002 work for the community and alma mater; thank situation have a chain of title that goes back Mr. BLUNT. Mr. Speaker, I rise today to him for the beautiful music originating from the over 100 years. H.R. 4874 is really the only honor Ken Meyer, a Southwest Missourian Jane Meyer Carillon; and thank him for bring- acceptable solution to the problem. I look for- who has championed his alma mater, volun- ing dependable information and entertainment ward to passage of this legislation into law. teered his leadership to worthy causes and to his countless listeners. f has entertained and informed the region via f radio. Though his voice is not on the radio, his SETPEMBER 11—ONE YEAR LATER stations have been a long-trusted source of in- H.R. 4874 formation about government, politics, business HON. JOEL HEFLEY and sports for more than four decades. HON. C.L. ‘‘BUTCH’’ OTTER OF COLORADO Ken and Jane Meyer have had a passion OF IDAHO IN THE HOUSE OF REPRESENTATIVES for radio, Southwest Missouri State University IN THE HOUSE OF REPRESENTATIVES Tuesday, October 1, 2002 (SMSU) and each other. Their marriage part- Tuesday, October 1, 2002 nership began in 1959. This partnership has Mr. HEFLEY. Mr. Speaker, America will paid great dividends to SMSU, and the suc- Mr. OTTER. Mr. Speaker, I introduced H.R. never be the same as a result of September cess of their radio properties has enriched the 4874 to correct 122-year-old survey errors 11, 2001. The horrific events of that day dra- lives of countless people in our region. Sadly, along Spirit Lake and Twin Lakes in northern matically changed the landscape of not only Jane passed away earlier this year. Idaho. The bill requires the Bureau of Land New York City and Washington, D.C., but also Ken Meyer graduated from what is now Management to conduct a new survey of the the entire civilized world. The images of com- Southwest Missouri State University in 1950 lakes to correct errors identified in the original mercial airliners plunging into symbols of after serving two years in the military at the 1880 survey and directs the Secretary of the American enterprise, economy and security end of World War II. Mt. Vernon High School Interior to disclaim any Federal interest in will forever be seared on our individual and graduates, Ken and Jane got into the radio lands. national memories. But, also vivid are the im- broadcasting business when KTXRÐFM went For over one hundred years, individuals ages of Americans’ spirit of community, grati- on the air in 1962. It was a gamble in the have owned land around the beautiful lakes tude and generosity that have been dem- early 60s. FM radio was new and there were located in Idaho’s Kootenai County. However, onstrated these past twelve months. few receivers. AM radio ruled the air waves ownership now is in question for more than Through our heartache and sorrow, Ameri- then, but the Meyers were in the vanguard of 400 people who bought the land and pay cans joined together this year in an unprece- change. By the 1980’s FM radio had estab- taxes on the property. H.R. 4874 will correct dented show of strength and unity. The out- lished its dominance. Today, Meyer Broad- that problem. pouring of patriotism and pride across the casting has stations in four markets, but the In 1880 John B. David, a surveyor under country is displaying itself in every conceivable flagship station remains in Springfield. contract with the General Land Office, grossly way. The American flag is flying: large and Ken and Jane made their broadcasting sta- misrepresented portions of the actual lake- small; cloth and paper; store-bought and tions a great success. With the ‘‘Gentle Giant’’ shore around Spirit Lake and Twin Lakes. In handmade; the red, white and blue is every- as they dubbed KTXR, Ken and Jane devel- some places the meander lines along the where. Americans opened their homes and oped close ties with their listeners by broad- shore are up to a mile and a half away from wallets to care for the victims. Goods and casting St. Louis Cardinal’s baseball, big band their actual location. No one noticed the inac- services were donated to the victims and res- hits and easy listening music. curate survey when the land was originally cue workers at an almost unmanageable Ken also uses his radio power to promote patented, and no one caught the mistake over pace. Restaurants in New York and Wash- SMSU. For example, his radio stations be- the years as the land changed hands. In the ington opened their doors to feed the res- came some of the first to regularly broadcast meantime, the shorelines of these popular cuers, people stood on street corners and women’s college basketball, along with the lakes have become heavily developed. handed food to passing firemen and compa- men’s schedule. It was not until recently that Kootenai Coun- nies donated pillows and blankets for weary The Meyers have shared their good fortune ty Surveyor discovered the problem. County workers. with charitable groups and with SMSU, which officials have expressed concern over their in- The morning after the attack, a column ap- named Ken their ‘‘Outstanding Alumni’’ in ability to approve and regulate new develop- peared in the Miami Herald that spread across 1985. The Meyers have established endow- ments, surveys, and permits due to the inac- the Internet because it captured the thoughts ments for academic and athletic scholarships. curacy of the original government survey. The and feelings of our nation so aptly. In it, the They are givers to capital projects on the cam- problem will only worsen as the lakes become columnist described the ‘‘vast and quarrel- pus including the David Glass Hall, Juanita more developed. some’’ American family, one ‘‘rent by racial, Hammons Hall for the Performing Arts, the Under current law, the Bureau of Land Man- social, political and class division, but a family Wehr Band Hall, and the Robert Plaster agement is required to conduct a resurvey of nonetheless.’’ If the tragedy proved anything, it Sports Complex. Earlier this year, the Kenneth the actual meander of the lakes. The lands is that the American family is one that reaches E. and Jane A. Meyer Foundation provided between the old incorrect meander line and out its hand to help another in need. funding for a carillon that was added to an ex- the new meander line would become omitted The tragedy also redefined the American pansion of the university’s library. Dedicated in land and would revert to federal ownership. hero and turned ordinary people into extraor- the name of Jane Meyer, the 48-bell (four oc- Property owners would be required to repur- dinary Americans. After the first assault on the taves) musical instrument sits atop a 140 foot chase, at fair market value, the land they be- World Trade Center, New York City firefighters tall bell tower on the campus. lieved they owned for over 100 years, as well and policemen rushed into the building and E1726 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 began saving lives—even as the buildings The failure of the Republicans and the Ad- HOME SAFETY COUNCIL STUDY ON were collapsing. Yes, it was the job of fire- ministration to follow through on their commit- HOME INJURIES AND DEATHS fighters to go into the buildings, but they could ment to education is disappointing. The ‘‘No have reasoned that the buildings were going Child Left Behind Act’’ was supposed to pro- HON. RICHARD BURR to collapse anyway, so why try. When the vic- vide our children with the resources needed to OF NORTH CAROLINA tims rushed out, they rushed in, and became obtain the best education possible, but, unfor- IN THE HOUSE OF REPRESENTATIVES heros in the process. Three hundred-forty tunately, this has not happened. The law was three firefighters sacrificed their lives to save Tuesday, October 1, 2002 more than 25,000. touted as a way to prevent children from being Mr. BURR of North Carolina. Mr. Speaker, Our nation has had a resurgence of faith ‘‘trapped’’ in failing schools but left behind may unintentional home injuries have reached an and spirituality. The tragedy caused people to be thousands of unhappy parents and stu- unacceptable level, according to a new study reevaluate their core values and cling to their dents. The President’s budget of $50.3 billion by the Home Safety Council, and Americans traditions. In one day, everything that we in discretionary funding for FY2003 has need to be aware of the risks they face in their thought was meaningful and important slid to stopped six years of steady progress in fed- own homes. It may be surprising to some that the wayside and we rediscovered fundamental eral support to local schools dead in its tracks. these injuries are the leading cause of death beliefs about faith, family and freedom. If the Under his proposal, the overall education for those between the ages of 1 and 44, terrorists had hoped to break the American budget would only increase by 2.8 percent, and—other than illness—unintentional injuries spirit, they failed spectacularly. are the number one cause of death in the barely enough to cover inflation. Our so-called We are now engaged in a war on terrorism United States. and it is a war we will win. This is a struggle ‘‘Education President’’ is doing the exact op- The study, recently completed by the Uni- that concerns the whole of the democratic and posite of what he promised. He is leaving our versity of North Carolina, also shows us how civilized and free world. We will bring to ac- children behind. unintentional home injuries hurt America’s count those responsible, and we will dismantle Unfortunately, the only version of the House working families and our economy. Lost work- the apparatus of terror and eradicate the evil Republicans’ Labor HHS Education appropria- days for injured parents cost both employees of mass terrorism in our world. tions bill follows the President’s budget re- and employers, not to mention driving up The cause that we are fighting is just and it quest. The bill would freeze or reduce funding health care costs and raising dilemmas in pro- is decent. No citizen, in any country, should viding childcare. These injuries cost Ameri- for most education programs, including the live in fear of senseless terrorist attacks. On cans nearly $380 billion each year, and ac- September 11, 2002, thousands of American teacher quality, after-school, math/science count for an estimated 10 percent of all visits civilians gave their lives for a cause they did partnerships, Safe and Drug-Free schools, bi- to hospital emergency rooms. not know. An attack against civilian targets of lingual education, Pell Grants, Gear-Up and We are forming a Congressional Home women and children, mothers and fathers, TRIO programs. Funding for several important Safety Working Group in the next Congress peaceful and without prejudice, is beyond programs, including rural education and tech- that can directly address home safety issues comprehension in our modem, civilized world. nology training for teachers would be com- on Capitol Hill and in Federal agencies. The America responded to this crisis and pletely eliminated. It also includes no re- working group will examine how the Federal emerged from the tragedy stronger and more sources to address the $127 billion crisis in Government can support home safety edu- determined. The course and duration of the school repairs. The bill cuts funding for the cation and prevention activities. A year from conflict is unknown, but it’s outcome is not. ‘‘No Child Left Behind Act’’ by $90 million from now, we need to see a reduction in the num- America will prevail and remain the greatest ber of unintentional home injuries. For some last year, resulting in 16,000 fewer teachers nation in the world. great suggestions on what Americans can do getting trained, 50,000 fewer children in after- f right now to protect themselves, visit school programs, and yet another year without www.homesafetycouncil.org. CONTINUING APPROPRIATIONS, the needed resources to turn around failing I want to congratulate David Oliver, Execu- FISCAL YEAR 2003 schools. The President and the Republicans tive Director of the Home Safety Council, for continue to break their promises to the chil- commissioning this monumental study; Dr. SPEECH OF dren of our country. Carol Runyan, Director of the Injury Preven- HON. JANICE D. SCHAKOWSKY In my home state of Illinois, they are at- tion Research Center at University of North OF ILLINOIS Carolina at Chapel Hill for conducting the tempting to take away nearly $200 million IN THE HOUSE OF REPRESENTATIVES study; and Dr. Sue Binder, Director of the Na- needed to support the Title I grants program, Thursday, September 26, 2002 tional Center for Injury Prevention and Control, which provides supplemental assistance to im- Centers for Disease Control and Prevention, Ms. SCHAKOWSKY. Mr. Speaker, I rise prove the educational attainment of low- for supporting this study and bringing Federal today in disappointment. The Continuing Res- achieving students, especially those in high attention to this critical issue. I would also like olution, House Joint Resolution 111, on the poverty areas. Also, they are cutting nearly to encourage my fellow colleagues to raise the floor today is a slap in the face of the Amer- $600 million from IDEA funding, which is des- level of attention to home safety issues on ican people. Our constituents all over the perately needed to improve special education Capitol Hill and in Federal agencies. country are counting on us to help them put in Illinois. Finally, student debt is skyrocketing f food on the table, provide their children with the best education possible and to make them as college tuitions rise, making loan afford- MOUNT RAINIER NATIONAL PARK and their families safer. Despite the best ef- ability critical. Despite this fact, the Administra- BOUNDARY ADJUSTMENT ACT forts of Democrats, the Republican leadership tion’s budget cuts the maximum Pell Grant, OF 2002 of the House continues to let them down. It is which provides up to $4,000 to low-income inexcusable that this body has only passed students to help with college tuition costs, to HON. JENNIFER DUNN five appropriations bills. What is even more $3,600, $800 short of what is needed to keep OF WASHINGTON disappointing is that the Labor/HHS/Education pace with projected tuition hikes. IN THE HOUSE OF REPRESENTATIVES Appropriations bill has not even been brought Mr. Speaker, this is not what I consider edu- to the House floor for a vote. The other body Tuesday, October 1, 2002 has passed its version of the bill, yet we con- cation reform. If we refuse to fund our edu- Ms. DUNN. Mr. Speaker, I am introducing tinue to twiddle our thumbs at the expense of cational system, then we are only cutting short the Mt. Rainier National Park Boundary Ad- our children. The Senate’s proposal would in- the potential of our country’s children and justment Act. This legislation will enable the crease education funding in the President’s jeopardizing our nation’s future. I urge my col- National Park Service to rebuild a road and budget by a little over $3 billion and would leagues to listen to the millions of Americans popular campground located in the North- provide funding increases for Teacher Quality, out there and support a bill that follows the western corner of the park that has been dev- Title 1, Head Start, and financial aid programs, Senate’s bill and not the President’s budget. It astated by years of reoccurring floods. and would restore funding for rural school pro- is time to give our children the opportunities As a life-long Washingtonian, I appreciate grams. Instead of following in the Senate’s they deserve. the importance of maintaining our most treas- lead, the House Republicans refuse to act on ured natural resources. Mt. Rainier National this issue. Park is one of the crown jewels of the national CONGRESSIONAL RECORD — Extensions of Remarks E1727 park system. To enhance the enjoyment of the Mr. Speaker, George’s efforts are being rec- of water desalination and water purification. park, this legislation will allow visitors greater ognized by the Firelands Regional Medical Clean water is essential for the health of all access to a temperate rainforest. Center, of which both he and his family played Americans. As our population continues to Unfortunately, the road leading into lpsut a significant role in developing. Serving the grow and conventional water supplies become Creek Campground is below the Carbon River community was not only George’s duty but over used, we will need to look at new re- in several spots, resulting in frequent road also his honor. These chances to give back to sources such as sea water to supplement our washouts. Consequently, it is difficult, if not the community have brought him a lifetime of supply. impossible, for visitors to drive safely to the both personal and professional achievement. I am pleased that with the reauthorization of campground. With the boundary adjustment, George truly is a valued asset to the City of the Water Desalination Act of 1996 my col- the park will be able to move the campground Sandusky. leagues recognize the importance of desalina- to a more secure area and provide for safe George has served Sandusky well through- tion technology. This is a significant step for- travel. out his years, both professionally and philan- ward in ensuring a safe and steady water sup- To accomplish the boundary adjustment, thropically. He began as a schoolteacher in ply for our nation. land will be purchased from Plum Creek Tim- the Sandusky City School system, and has f ber Company and the U.S. Forest Service will since put his efforts to work in the financial transfer land to the National Park Service. In and health care industries throughout greater PERSONAL EXPLANATION the end, the boundary adjustment will include Northwest Ohio. approximately 1000 acres of both private and George’s numerous charitable interests in- HON. CAROLYN B. MALONEY U.S. Forest Service land. This legislation will clude the Stein Hospice Service, Wightman- OF NEW YORK also allow the Secretary of the Interior to ac- Wieber Foundation, and the United Way of IN THE HOUSE OF REPRESENTATIVES Erie County. The Greater Toledo Area Chap- quire land in the vicinity of Wilkeson, Wash- Tuesday, October 1, 2002 ington for a visitor’s center. This center will ter of the National Society of Fund Raising Ex- provide vital information to people accessing ecutives recently recognized George’s philan- Mrs. MALONEY of New York. Mr. Speaker, Mt. Rainier National Park in the Carbon and thropic efforts when they honored him with on September 24, I missed rollcall votes No. Mowich Corridors. their Outstanding Philanthropist Award. He is 404, 405 and 406. I look forward to working with the Resources also active in the local American Legion, Had I been present I would have voted Committee and my colleagues to enact this Kiwanis Club, and serves on the boards of the ‘‘yea’’ on rollcall votes No. 404, 405 and 406. boundary adjustment. Erie County Chamber of Commerce, and On September 25, I missed rollcall votes f Bowling Green State University’s Foundation. No. 407, 408 and 409; had I been present I Mr. Speaker, I ask my colleagues to join me would have voted ‘‘yea’’ on these rollcall ON THE RETIREMENT OF in paying special tribute to George Mylander. votes. Additionally, I missed rollcall vote No. BERNADETTE CASEY Our communities are served well by having 410 on agreeing to the resolution providing for such honorable and giving citizens, like consideration of H.R. 4691. Had I been HON. STEVE ISRAEL George, who care about the well being and present I would have voted ‘‘nay’’ on rollcall OF NEW YORK stability of their communities. We wish him the vote No. 410. I would have voted ‘‘yea’’ on IN THE HOUSE OF REPRESENTATIVES very best on this special occasion. rollcall vote No. 411 on the motion to recom- f mit with instructions and I would have voted Tuesday, October 1, 2002 ‘‘nay’’ on rollcall vote No. 412. I would have Mr. ISRAEL. Mr. Speaker, I rise to pay trib- REAUTHORIZATION OF THE also voted ‘‘nay’’ on rollcall votes No. 413 and ute to an exemplary member of the Long Is- WATER DESALINATION ACT 414 and ‘‘yea’’ on rollcall vote No. 415. land community. On September 26, I missed rollcall vote No. The Suffolk County Police Department con- HON. STEPHEN HORN 416; had I been present I would have voted sistently shows us the best and most heroic OF CALIFORNIA ‘‘nay’’ on this rollcall vote. On rollcall votes No. that Long Island has to offer. For 20 years, IN THE HOUSE OF REPRESENTATIVES 417 and 418, I would have voted ‘‘yea.’’ On Bernadette Casey has served as a valuable rollcall vote No. 419, I would have voted ‘‘nay’’ Tuesday, October 1, 2002 member of that department. During that two- on agreeing to the resolution to provide for decade tenure, Ms. Casey was assigned to Mr. HORN. Mr. Speaker, I rise today to rec- consideration of H.R. 4600. Additionally, I the Homicide Squad as Stenographer, Senior ognize the reauthorization of the Water Desali- would have voted ‘‘yea’’ on rollcall vote No. Stenographer and Principal Stenographer. She nation Act of 1996, included in H.R. 5460, the 420 and ‘‘nay’’ on rollcall vote No. 421. Had I has made a lasting contribution to the safety Federal Water Project Recreation Act which been present, I would have voted ‘‘yea’’ on of Long Island residents. the House approved today. rollcall votes No. 422 and 423. On August 31, 2002, Bernadette Casey re- I am pleased that language from H.R. 4792, f tired from the police department. She will be the reauthorization of the Water Desalination sorely missed by her colleagues, who brought Act, which I introduced earlier this year has PERSONAL EXPLANATION her retirement to my attention. I come to this been included in the Federal Water Project floor so that I may offer my congratulations Recreation Act. This legislation will continue HON. SOLOMON P. ORTIZ and best wishes. an authorization of $55 million through 2008 OF TEXAS Mr. Speaker, Long Island appreciates the for the Desalination and Water Purification Re- IN THE HOUSE OF REPRESENTATIVES service of Bernadette Casey. search and Development program (DWPR). Tuesday, October 1, 2002 f The DWPR program has promoted important research to reduce treatment costs of pre- Mr. ORTIZ. Mr. Speaker, due to business in A SPECIAL TRIBUTE TO GEORGE viously unusable water sources such as brack- my district, I was unable to vote during Rollcall L. MYLANDER FOR HIS DEDI- ish groundwater and coastal waters. These Vote 423. Had I been present I would have CATED SERVICE TO THE COMMU- projects have proved to be valuable invest- voted Yes. NITY OF SANDUSKY ments in helping to meet our nation’s future f water needs. HON. PAUL E. GILLMOR Since its inception in 1996, the Desalination HELP EFFICIENT, ACCESSIBLE, LOW COST, TIMELY HEALTH OF OHIO and Water Purification Research and Develop- CARE ACT OF 2002 IN THE HOUSE OF REPRESENTATIVES ment program has helped fund research in co- operation with 20 universities and institutes of SPEECH OF Tuesday, October 1, 2002 higher learning, 33 local governments, and 59 Mr. GILLMOR. Mr. Speaker, it is with great domestic private sector organizations. In all, HON. JANICE D. SCHAKOWSKY pride that I rise today to pay special tribute to nearly 30 states are represented in a broad OF ILLINOIS an outstanding gentleman from Ohio’s Fifth cooperation of both public and private organi- IN THE HOUSE OF REPRESENTATIVES Congressional District. George L. Mylander, of zations. Sandusky, Ohio, is being honored for his dedi- Such cooperation has produced impressive Thursday, September 26, 2002 cated service and loyalty to the citizens of results with the partnership’s efforts making Ms. SCHAKOWSKY. Mr. Speaker, I rise in Sandusky. significant technological advances in the field strong opposition to the bill H.R. 4600, which E1728 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 is before us today. We are facing a medical consumer bill. I also urge my colleagues to in our greatest time of need. Additionally, I malpractice problem. We are also facing a read the attached letter, sent to me by want to express my admiration for Mrs. Chen medical malpractice insurance problem. But USAction, regarding this important issue. Wu, whose undeniable courage in the face of rather than addressing those issues, this bill US ACTION, adversity has helped create a future filled with would actually make both problems worse. Washington, DC, September 24, 2002. prosperity and hope for her people. The Institute of Medicine study, ‘‘To Err is DEAR REPRESENTATIVE: On behalf of our As Co-chairman of the Congressional Tai- Human,’’ reported that between 44,000 and twenty-four statewide organizations, I want wan Caucus, I am hopeful that we can build 98,000 Americans die each year from medical to express our strong opposition to H.R. 4600, on Madame Chen Wu’s visit, which will only errors, making medical malpractice the 8th the so-called HEALTH Act, and ask that you vote no when it is considered on the House serve to enhance and strengthen U.S.-Taiwan leading cause of death. More people die from floor this week. relations and cooperation. medical errors than from automobile acci- H.R. 4600 is a direct assault on the rights of FRIENDS INDEED dents, breast cancer or AIDS. We also know consumers. Instead of addressing the root of (By Madam Chen Wu, Sue-jen) that a handful of physicians and facilities are the premium problem—the insurance indus- responsible for the lion’s share of medical mal- try—it attacks medical malpractice victims Honorable Members of Congress, the best practice cases. Does this bill do anything themselves. Nursing home residents, pre- friends of Taiwan: It is a most honorable and warm moment for me to be able to come to about improving health care safety? Does it scription drug and medical device users, and other patients would all lose rights that they the Capitol Hill, in the capacity as the First make it easier for patients to avoid dangerous Lady of Taiwan, to meet so many good physicians or facilities? Does it require that have had since the beginning of our nation. Yet, there are absolutely no indications from friends in the U.S. Congress. Standing here, those with bad medical records—like bad driv- the medical malpractice industry that this I feel a strong sense of affinity and goodwill. ers—get charged higher malpractice premiums harsh, anti-consumer legislation would re- Although my husband cannot come with while safe providers—like safe drivers—get sult in any reduction in premium rates or me on this trip, you should know that after discounts? No. greater accessibility of malpractice insur- 27 years of marriage, what I say here today We also know that we have a medical mal- ance. should not be objectionable to him! practice insurance problem. Just as busi- At the same time that more and more What I mean is my husband cherishes my nesses and health care consumers are com- FDA-approved drugs are being pulled off the opinions. If he were coming here to give a market because of safety concerns, this bill speech in person, he would certainly consult plaining about double digit premium increases, me beforehand and put my ideas into his re- so, too, are providers. Once again, the evi- would immunize drug or medical device man- ufacturers if their product had been approved marks. dence suggests a solution. Medical mal- by the FDA or is ‘‘generally recognized as You might think that I am joking, but practice insurance companies made bad in- safe and effective.’’ While more and more don’t forget, when I was elected a Legislator vestments—now they are raising premiums to families are concerned about nursing home in 1986, President was my legislative assist- pay for their mistakes. Studies show that there quality, this bill would limit the liability of ant, and I was his boss! is usually no connection between premiums nursing homes that knowingly put their resi- The first thing I would like to say is that and payouts—with no or little regulation, insur- dents at risk. Under H.R. 4600, Congress the friendship between Taiwan and U.S. is would place a $250,000 limit on the loss of a very strong and everlasting. The fact that I ers are free to charge what they want. Does am here to see you in the Congress is a sure this bill do anything about medical malpractice child or sight or the ability to walk. These are just a few of the most outrageous provi- sign of this. Indeed, in Taiwan there are insurance practices? Does it even require that sions of this bill, which would put more con- countless government officials, university the federal government monitor premiums to sumers at risk and shield dangerous manu- professors, and high-tech professionals who determine the effect of this bill on premiums facturers and practitioners from full liabil- received higher education in the U.S. They and make sure that insurers don’t just pocket ity for their actions. And it does so without brought home not only advanced knowledge any savings instead of passing them through any guarantee that malpractice rates would and skills, but also the American values of lower premiums? Do the authors of this bill fall or even any provision that the federal democracy, freedom and human rights. Thus government would monitor those rates to de- these values stimulated not only our eco- have any evidence from the insurance industry nomic advancement, but also our democra- that premium rates will come down or mod- termine their appropriateness. Again, I urge you to protect health care tization. erate if we pass H.R. 4600? No. consumers by voting against this irrespon- In 1979 this great democratic institution Instead of addressing medical malpractice sible and dangerous bill. passed the Taiwan Relations Act, which ex- or medical malpractice insurers, this bill is a Sincerely, plicitly affirms that the U.S. will help Tai- plain and simple assault on the rights of con- WILLIAM MCNARY, wan defend itself and expresses the American sumers—health care patients and their fami- President. concern for Taiwan’s commercial develop- lies who have already been injured once ment and human rights. The Act even states f that ‘‘the preservation and enhancement of would be injured again and again because of FIRST LADY OF TAIWAN CHEN the human rights of all the people on Taiwan this bill. There is not a single provision in this are hereby reaffirmed as objectives of the bill that strengthens the rights of consumers or WU-SUE-JEN United States.’’ Thanks to such support, we improves their access to quality care. But are able to enjoy such remarkable political there is not a single provision in this bill that SPEECH OF and economic achievements today, and it is doesn’t erode consumers’ legal rights to win easy to understand why the Taiwan people HON. ROBERT WEXLER deeply appreciate the U.S. standing here in compensation for their injuries and to send the OF FLORIDA signal that dangerous medicine does not pay. the Congress, which represents all the Amer- IN THE HOUSE OF REPRESENTATIVES ican people and their democratic system, I This bill doesn’t just affect physicians. It pro- Tuesday, September 24, 2002 would like to say thank you to all of you vides a broad liability shield for drug compa- from the bottom of my heart. nies, nursing homes, medical device manufac- Mr. WEXLER. Mr. Speaker, last week we Through our political reforms over the turers and suppliers. This bill may well in- witnessed an historic event in the long-stand- past years, Taiwan has become a democratic crease health insurance premiums to small ing relationship between the United States and country that fully embraces the values of businesses and individuals because it says our ally Taiwan. On Wednesday, September freedom and human rights. As a result of the that, if you are fortunate enough to have 25, 2002, the First Lady of Taiwan Chen Wu- 2000 presidential election, Taiwan undertook health insurance, your policy may have to pay Sue-jen addressed a bipartisan gathering of the unprecedented challenge of the first democratic transition of power in its his- your costs even if you prove malpractice in a Members of Congress to express her heartfelt tory. Now we are proud to say that Taiwan court of law. And most disturbing of all, this bill support for U.S.-Taiwan relations and a com- is a genuine, consolidated democracy. This puts a $250,000 price tag on the life of a child. mon commitment to freedom, democracy and undeniable fact will enable Taiwan to sail The authors of this bill say that we shouldn’t human rights. I have included a copy of the stably into the future on the sea of democ- worry about caps on non-economic damages. First Lady’s speech to be entered into the racy. After all, they say, there are no caps on eco- CONGRESSIONAL RECORD. Today you can hear all kinds of opinions in nomic damages. But there are no economic As a strong proponent our nations’ unbreak- Taiwan, and sometimes the controversies damages to compensate for the loss of an in- able bond with Taiwan, I want to thank Ma- seem quite serious. However, if you ask the Taiwan people whether they would like to go fant or a grandmother, for the loss of sight or dame Chen Wu for her statement in support of back to the old days when the freedoms of mobility. This bill tells all those families who the American people and our war against speech and ideas were deprived of, I don’t suffer those losses—through proven mal- international terror. All Americans greatly ap- think you will get a single positive answer. practice—that their losses are worth a paltry preciate President and Mrs. Chen’s heartfelt Simply put, the concept of democracy and $250,000. I urge this body to reject this anti- message of unity and solidarity with our nation freedom upheld by the Taiwan government CONGRESSIONAL RECORD — Extensions of Remarks E1729 today is: ‘‘Even though I don’t agree you, I able Leo Falcam, President of the Federated FSM. It is my understanding that many of the swear to protect your freedom of speech.’’ States of Micronesia. issues have been resolved and that a new Out of that spirit, political leaders such as This year marks the 57th year of the United Compact is close to being approved by both President Chen and Vice President Lu, even though they previously suffered as political States presence in the territory of what are sides. While a number of important issues re- prisoners, hold no grudges or hatred. Like- now called the Freely Associated States or main to be resolved—such as the level of wise, some people might think that a person FAS. The U.S. took possession of many of the funding and decrements and future commit- like me confined to a wheelchair should be islands comprising the modern FAS during ments of FEMA—I am confident that a new angry about the past. But, on the contrary, WWII and has exercised various forms of po- Compact will be approved by the Congress we are all filled with joy at Taiwan’s demo- litical oversight since that time. On July 18, and signed by the President in the next year cratic achievements. In fact, because of our 1947, the U.S. Government began to admin- that allows the Federated States of Micronesia opportunity to help bring about Taiwan’s de- ister to the FAS as a United Nations Man- to realize their long-term goals of economic mocracy, the little sacrifice we made became a reward in itself. dated Strategic Trust known as the United Na- and political self-sufficiency. Many political scientists wonder why Tai- tions Trust Territory of the Pacific Islands. The f wan was able to experience the democratic charge to the United States from the United process more peacefully and smoothly than Nations went well beyond administering the WELCOMING QUEEN SIRIKIT OF many other countries in the ‘‘third wave’’ Trust Territory Article Two. Article Six of the THAILAND TO THE UNITED democratization. I think the main reason is Trusteeship Agreement added four specific STATES that the current political leaders have the tasks to the U.S. mission: ‘‘The administering magnanimity to sow the seeds of love in the place of hatred. authority shall promote (1) . . . the develop- HON. DANA ROHRABACHER People in Taiwan believe in the universal ment toward self-government or independence OF CALIFORNIA values of freedom, democracy, and human . . . (2) the economic advancement and self IN THE HOUSE OF REPRESENTATIVES rights. Taiwan’s security is more enhanced sufficiency . . . (3) . . . the social advance- Tuesday, October 1, 2002 than before as a result of its progress in de- ment . . . and (4) . . . the educational ad- mocratization. It is also for the same reason vancement of the inhabitants.’’ Mr. ROHRABACHER. Mr. Speaker, it is with that we have so many good friends in the Mr. Speaker, as the former Ambassador to great honor that I rise to welcome the visit of United States of America. And not only here, the Federated States of Micronesia, I was a great friend of our country and our sacred but also in other democracies; for example, charged by President Clinton to uphold our principles of liberty and democracy, Her Maj- the European Parliament recently passed a esty, Queen Sirikit of Thailand. Queen Sirikit resolution expressing strong support for Tai- Compact of Free Association and represent wan. The beautiful smile of democracy is in- the United States. The FSM became freely as- will arrive in Washington on October 4 to deed the best protector of Taiwan’s security. sociated with the U.S. in 1986. The Compact begin a two week visit. Her Majesty will also A basic mission of Taiwan’s democratic gov- Agreement is currently being renegotiated, travel to New York to further her charitable ac- ernment is to handle cross-Strait issues with and a new Compact Agreement is imminent. tivities. And in Houston, Her Majesty will be a responsible attitude as well as to partici- The goal of the new Compact is to provide the presented with the University of Texas M.D. pate in international affairs in ever more FSM with the funding and tools to become an Anderson Cancer Center Award for Humani- positives ways. economically independent and viable demo- tarian Service, recognizing her lifelong dedica- A year ago, the American people suffered tion, not only for improving the health and well the terrible attacks of September 11. The cratic nation. Taiwan people felt the same shock and sad- Chuuk, Kosrae, Pohnpei and Yap are the being of the people of Thailand, but for her ness. Since this tragedy, Taiwan has tried four states that comprise the FSM. They are international leadership in health and the envi- hard to cooperate with the United States and located in an area called the Western Pacific, ronment. the International community to play an ac- just north of the Equator. Spread across more I have long admired the Queen and her dis- tive role, for example through exchanges of than a million miles of ocean, the island states tinguished husband, His Majesty, King anti-terrorism intelligence and efforts to are made of 607 islands, but only 65 are in- Bhumibol, who has led Thailand to a half cen- counter money laundering. Taiwan’s govern- habited. The total land area of the islands is tury of peace and prosperity. Our long, con- ment has also cooperated intensively with structive relationship with the government and nongovernmental organizations to provide 271 square miles, with Pohnpei having about humanitarian assistance to the innocent half that land area and the rest equally divided people of Thailand dates back to the Presi- people of Afghanistan, to cultivate love and among the three states. The FSM’s estimated dency of Andrew Jackson whose administra- hope in the devastated Afghan mountains. population is just over 100,000 people. tion, in 1833, negotiated and signed the Treaty We will continue to work with the inter- The seat of the FSM government resides in of Amity and Commerce. This treaty was the national community to help Afghanistan and Palikir on the island of Pohnpei. Mr. Speaker, first of its kind that our young Republic had enable the Afghan people to put disaster be- today I have had the distinct honor, along with signed with any Asian nation. It ushered in a hind them and rebuild their sense of hope. 169 year period of mutually beneficial eco- On the anniversary of September 11, the several of my distinguished colleagues, to Taiwanese people continued to feel sorrow meet with the President of the Federated nomic, cultural and security relations. for the attacks. Two weeks ago, President States of Micronesia, the Honorable Leo Thailand is one of only five Asian countries Chen called together all our top government Falcam. with whom we have finalized a bilateral secu- officials to review Taiwan’s actions in com- Mr. Speaker, President Falcam has served rity agreement. Each year the armed forces of bating terrorism. He also delivered an anti- the FSM with distinction his whole life. Presi- Thailand join with our own military to stage terrorism declaration reaffirming his sup- dent Falcam served at the highest levels dur- ‘‘Cobra Gold’’ maneuvers, the largest such op- port to the American-led global coalition ing the Trusty Territory days up until now. He erations involving U.S. forces in the Asian against terrorism. continent. And, economically, United States, Taiwan is a true friend of America. We has played a key role in the island nation’s stand with America now and we will stand struggle for self-determination. He was for- remains the primary destiny for Thailand’s ex- with America forever! merly the Governor of Pohnpei, Member of ports, while Thailand itself ranks as high as Although my husband is not able to visit Congress, and now the President. 22nd largest market for U.S. exports. On all you this time, I bring his greetings to you. It Mr. Speaker, I especially want to note that levels, led by the Royal Family, Thailand can will be my pleasure to bring your goodwill the Federated States of Micronesia has al- clearly be considered our friend. back to President Chen, to the government ways been a loyal friend and staunch sup- Queen Sirikit has worked tirelessly to im- and to the people of Taiwan. prove the lives of those disadvantaged in soci- Thank you, my dear friends. Thank you! porter of the United States. This bond of friendship is demonstrated by the fact that the ety, be they in Thailand or elsewhere. For the f FSM has been one of the United States’ most past 46 years, Queen Sirikit has served as the VISIT OF PRESIDENT LEO FALCAM reliable friends in the United Nations as well President of the Thai Red Cross Society. In OF THE FSM as other international fora. this role, her Majesty has been the leading I also want to note that a number of citizens protector of thousands of refugees who have HON. DIANE E. WATSON of the FSM currently serve in the U.S. military fled turmoil and tragedy in neighboring coun- and that President Falcam’s son is a Marine tries. Her Majesty has paid similar close atten- OF CALIFORNIA Lt. Commander, currently stationed in Oki- tion to her own people. To increase the in- IN THE HOUSE OF REPRESENTATIVES nawa—a fact of which I know President come of the country’s rural families, Her Maj- Tuesday, October 1, 2002 Falcam is particularly proud. esty has initiated many projects, such as the Ms. WATSON of California. Mr. Speaker, I Mr. Speaker, a new compact is currently Foundation for the Promotion of Supple- rise today to highlight the visit of The Honor- being negotiated by the United States and the mentary Occupations and Techniques, better E1730 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 known as the SUPPORT Foundation. This PAYING TRIBUTE TO MARIE contributed generously to Pueblo’s YMCA and should serve as an outstanding example for BARKMAN the El Pueblo Boys Ranch. Ð other developing countries. Queen Sirikit un- It was for the dedicated generosity of their derstands that, if Thailand is to enjoy long- HON. SCOTT McINNIS time and money that Mr. and Mrs. Barkman term prosperity, rural people must have hope OF COLORADO were named 1991 ‘‘Citizens of the Year’’ by for their future. the Pueblo Chamber of Commerce. Mrs. IN THE HOUSE OF REPRESENTATIVES A multitude of distinguished organizations Barkman found purpose and happiness in her have honored her work. The Food and Agri- Tuesday, October 1, 2002 life not through the pursuit of material posses- culture Organizations of the United Nations Mr. MCINNIS. Mr. Speaker, it is with great sions but in the joy and satisfaction that has awarded her the distinguished Ceres sadness that I recognize the life and passing comes with helping others. It is through her medal. Her work for the rural poor of Thailand of Mrs. Marie Barkman of Pueblo, Colorado. pure intentions and tireless energy that she led Tufts University to award her an Honorary Mrs. Barkman passed away just four days shy put toward her good works that Marie Doctorate in Humane Letters. Similarly, her of her 104th birthday, and as her family Barkman became renowned throughout Pueb- solicitude for the health of both Thais and mourns their loss I would like to pay tribute to lo as a caring benefactor and a friend to all Cambodian refugees prompted Great Britain’s her memory and the extraordinary contribu- who knew her. Royal College of Physicians to award her an tions she has made to her community. Mr. Speaker, it is with solemn respect and Honorary Fellowship. Mrs. Barkman was a leading philanthropist honor that I recognize Mrs. Marie Barkman I ask all members of the House to join me in her community, and made a real difference before this body of Congress and this nation in welcoming Queen Sirikit to the United through her community service projects and for the benevolent contributions she has made States. I know that many of us have been in- charities throughout the City of Pueblo. Mrs. to the City of Pueblo. She was truly an out- vited to attend an event which Her Majesty will Barkman and her husband Frank, funded over standing figure that has left a legacy of good- be presiding over at the Library of Congress in one million dollars for the construction of two will and generosity that will benefit succeeding the evening of Wednesday, October 9, which libraries, one in the Belmont area and the generations throughout the state for genera- will feature an exhibition of the work and ac- other on the South Side of Pueblo. They also tions to come. Although we mourn the loss of tivities of the SUPPORT Foundation. I look contributed another $100,000 to the construc- Mrs. Marie Barkman, her life and spirit will live forward to seeing many of my colleagues tion of another library in Pueblo West. In addi- on in the literally thousands of lives she im- there to extend our admiration and best wish- tion to providing the citizens of Pueblo with pacted through her generosity and caring spir- es to this great friend of the United States. modern library facilities, Mrs. Barkman also it. CONGRESSIONAL RECORD — Extensions of Remarks E1731 SENATE COMMITTEE MEETINGS 10:30 a.m. OCTOBER 7 Title IV of Senate Resolution 4, Foreign Relations 1:30 p.m. To hold hearings to examine the nomina- agreed to by the Senate on February 4, Health, Education, Labor, and Pensions tions of Maura Ann Harty, of Florida, To hold hearings to examine the nomina- 1977, calls for establishment of a sys- to be Assistant Secretary of State for tion of Mark McClellan, of the District tem for a computerized schedule of all Consular Affairs; Kim R. Holmes, of of Columbia, to be Commissioner of meetings and hearings of Senate com- Maryland, to be Assistant Secretary of Food and Drugs, Department of Health mittees, subcommittees, joint commit- State for International Organization and Human Services. tees, and committees of conference. Affairs; Francis X. Taylor, of Mary- SD–430 This title requires all such committees land, to be Assistant Secretary of 2 p.m. to notify the Office of the Senate Daily State for Diplomatic Security, and Di- Judiciary Digest—designated by the Rules com- rector for the Office of Foreign Mis- To hold hearings to examine pending ju- sions, with the rank of Ambassador; dicial nominations. mittee—of the time, place, and purpose and Ellen R. Sauerbrey, of Maryland, SD–226 of the meetings, when scheduled, and for the rank of Ambassador on the any cancellations or changes in the Commission on the Status of Women of OCTOBER 8 meetings as they occur. the Economic and Social Council of the 9 a.m. As an additional procedure along United Nations. Governmental Affairs with the computerization of this infor- SD–419 To hold hearings to examine the nomina- mation, the Office of the Senate Daily 11 a.m. tions of Ruth Y. Goldway, of Cali- Digest will prepare this information for Agriculture, Nutrition, and Forestry fornia, to be a Commissioner of the To hold hearings to examine the nomina- printing in the Extensions of Remarks Postal Rate Commission; and Tony tion of Nancy C. Pellett, of Iowa, to be Hammond, of Virginia, to be a Commis- section of the CONGRESSIONAL RECORD a Member of the Farm Credit Adminis- sioner of the Postal Rate Commission on Monday and Wednesday of each tration Board, Farm Credit Adminis- for the remainder of the term expiring week. tration. October 14, 2004. Meetings scheduled for Wednesday, SR–328A SD–342 October 2, 2002 may be found in the 2:30 p.m. Governmental Affairs Daily Digest of today’s RECORD. Commerce, Science, and Transportation To hold hearings to examine the nomina- Science, Technology, and Space Sub- tion of Ruth Y. Goldway, of California, MEETINGS SCHEDULED committee to be a Commissioner of the Postal To hold hearings to examine Title IX, Rate Commission; and the nomination OCTOBER 3 the equal treatment of women in edu- of Tony Hammond, of Virginia, to be a Time to be announced cation focusing on the sciences. Commissioner of the Postal Rate Com- Conferees SR–253 mission. Meeting of conferees on H.R. 4, to en- Banking, Housing, and Urban Affairs SD–342 hance energy conservation, research To hold hearings to examine the nomina- 9:30 a.m. and development and to provide for se- tions of Armando J. Bucelo, Jr., of Environment and Public Works curity and diversity in the energy sup- Florida, to be a Director of the Securi- To hold oversight hearings to examine ply for the American people. ties Investor Protection Corporation; the current implementation of the 2123, Rayburn Building Alberto Faustino Trevino, of Cali- Clean Water Act. 9 a.m. fornia, to be an Assistant Secretary of SD–406 Rules and Administration Housing and Urban Development; 10 a.m. To hold hearings to examine the nomina- Diana E. Furchtgott-Roth, of Mary- Banking, Housing, and Urban Affairs tion of Bruce R. James, of Nevada, to land, to be a Director of the Federal To hold hearings to examine perspectives be Public Printer, Government Print- Housing Finance Board; Carolyn Y. on America’s transit needs. ing Office. Peoples, of Maryland, to be an Assist- SD–538 SR–301 ant Secretary of Housing and Urban Governmental Affairs Foreign Relations Development; Deborah Doyle Oversight of Government Management, Re- To hold hearings to examine the nomina- McWhinney, of California, to be a Di- structuring and the District of Colum- tions of Richard Allan Roth, of Michi- rector of the Securities Investor Pro- bia Subcommittee gan, to be Ambassador to the Republic tection Corporation; John M. Reich, of To hold hearings to examine the current of Senegal, and to serve concurrently Virginia, to be Vice Chairperson of the system of regulation of the herb and without additional compensation Board of Directors of the Federal De- ephedra and oversight of dietary sup- as Ambassador to the Republic of Guin- posit Insurance Corporation; and plements. ea-Bissau; Joseph Huggins, of the Dis- Rafael Cuellar, of New Jersey, and Mi- SD–342 trict of Columbia, to be Ambassador to chael Scott, of North Carolina, each to Judiciary the Republic of Botswana; and Robin be a Member of the Board of Directors Business meeting to consider pending Renee Sanders, of New York, to be Am- of the National Consumer Cooperative calendar business. bassador to the Republic of Congo. Bank. SD–226 SD–419 SD–538 2 p.m. 9:30 a.m. Judiciary Commerce, Science, and Transportation OCTOBER 4 To hold hearings to examine the Feres To hold oversight hearings to examine 9:30 a.m. Doctrine focusing on the examination park overflight regulations. Joint Economic Committee of military exception to the Federal SR–253 To hold hearings to examine the em- Torts Claims Act. Banking, Housing, and Urban Affairs ployee situation focusing on September SD–226 To hold oversight hearings to examine 2002. 2:15 p.m. the Administration’s national money 1334, Longworth Building Foreign Relations laundering strategy for 2002. 10 a.m. Business meeting to consider pending SD–538 Foreign Relations calendar business. Energy and Natural Resources To hold hearings to examine the nomina- S–116, Capitol Business meeting to consider pending tions of John Randle Hamilton, of 2:30 p.m. calendar business. North Carolina, to be Ambassador to Banking, Housing, and Urban Affairs SD–366 the Republic of Guatemala; John F. International Trade and Finance Sub- 10 a.m. Keane, of Virginia, to be Ambassador committee Finance to the Republic of Paraguay; and David To hold oversight hearings to examine To hold hearings to examine the final re- N. Greenlee, of Maryland, to be Ambas- instability in Latin America focusing port produced by the President’s Com- sador to the Republic of Bolivia. on U.S. policy and the role of the inter- mission to Strengthen Social Security. SD–419 national community. SD–215 11 a.m. SD–538 Intelligence Banking, Housing, and Urban Affairs To resume joint hearings with the House To hold hearings to examine the nomina- OCTOBER 9 Permanent Select Committee on Intel- tion of Philip Merrill, of Maryland, to Time to be announced ligence to examine events surrounding be President of the Export-Import Health, Education, Labor, and Pensions September 11, 2001. Bank of the United States. Business meeting to consider the nomi- SH–216 SD–538 nation of Mark B. McClellan, of the E1732 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2002 District of Columbia, to be Commis- 2:30 p.m. POSTPONEMENTS sioner of Food and Drugs, Department Banking, Housing, and Urban Affairs of Health and Human Services. Housing and Transportation Subcommittee OCTOBER 8 Room to be announced To hold oversight hearings to examine 10 a.m. 10 a.m. affordable housing preservation. Judiciary Judiciary SD–538 Technology, Terrorism, and Government Constitution Subcommittee Information Subcommittee To hold hearings to examine the deten- To hold hearings to examine new laws tion of U.S. citizens. implemented by the Administration in SD–226 the fight against terrorism. SD–226 Wednesday, October 2, 2002 Daily Digest Senate reached providing for further consideration of the Chamber Action conference report on H.R. 2215, to authorize appro- Routine Proceedings, pages S9779–S9860 priations for the Department of Justice for fiscal year Measures Introduced: Nine bills and three resolu- 2002, and then began consideration of the conference tions were introduced, as follows: S. 3027–3035, S.J. report, at 11:30 a.m., on Thursday, October 3, Res. 46–47, and S. Res. 332. Pages S9845–46 2002, with a vote to occur on the motion to close Measures Passed: further debate on the conference report. Page S9860 National 4-H Youth Development Program Executive Reports of Committees: Senate received Week: Committee on the Judiciary was discharged the following executive report of a committee: from further consideration of S. Con. Res. 143, des- Report to accompany 1997 Amendment To Mon- ignating October 6, 2002, through October 12, treal Protocol (Treaty Doc. 106–10) and Amend- 2002, as ‘‘National 4-H Youth Development Pro- ment To Montreal Protocol (‘‘Beijing Amendment’’) gram Week’’, and the resolution was then agreed to. (Treaty Doc. 106–32) (Ex. Rept. 107–10) Page S9845 Pages S9783–85 Nominations Confirmed: Senate confirmed the fol- Veterans of Foreign Wars: Senate passed H.R. lowing nominations: 3838, to amend the charter of the Veterans of For- Lawrence J. Block, of Virginia, to be a Judge of eign Wars of the United States organization to make the United States Court of Federal Claims for a term members of the armed forces who receive special pay of fifteen years. for duty subject to hostile fire or imminent danger Ronald H. Clark, of Texas, to be United States eligible for membership in the organization, clearing District Judge for the Eastern District of Texas. the measure for the President. Page S9858 Thomas Forrest Hall, of Oklahoma, to be an As- AMVETS Charter Amendment: Senate passed S. sistant Secretary of Defense. 1972, to amend the charter of the AMVETS organi- James Knoll Gardner, of Pennsylvania, to be zation. Page S9858 United States District Judge for the Eastern District of Pennsylvania. AMVETS Charter Amendment: Senate passed James Franklin Jeffrey, of Virginia, to be Ambas- H.R. 3214, to amend the charter of the AMVETS sador to the Republic of Albania. organization, clearing the measure for the President. Richard L. Baltimore III, of New York, to be Page S9858 Ambassador of the United States to the Sultanate of POW/MIA Memorial Flag Act: Committee on Oman. the Judiciary was discharged from further consider- Martin George Brennan, of California, to be Am- ation of S. 1226, to require the display of the POW/ bassador to the Republic of Zambia. MIA flag at the World War II Memorial, the Ko- Vicki Huddleston, of Arizona, to be Ambassador rean War Veterans Memorial, and the Vietnam Vet- to the Republic of Mali. erans Memorial, and the bill was then passed. Donald C. Johnson, of Texas, to be Ambassador to Pages S9858–59 the Republic of Cape Verde. Birth Defects and Developmental Disabilities Jimmy Kolker, of Missouri, to be Ambassador to Prevention Act: Senate passed S. 2980, to revise and the Republic of Uganda. extend the Birth Defects Prevention Act of 1998, Gail Dennise Thomas Mathieu, of New Jersey, to after agreeing to a committee amendment in the na- be Ambassador to the Republic of Niger. ture of a substitute. Pages S9859–60 James Irvin Gadsden, of Maryland, to be Ambas- 21st Century Department of Justice Appropria- sador to the Republic of Iceland. tions Authorization Act Conference Report— J. Anthony Holmes, of California, to be Ambas- Agreement: A unanimous-consent agreement was sador to Burkina Faso. D1021 D1022 CONGRESSIONAL RECORD — DAILY DIGEST October 2, 2002

Aurelia E. Brazeal, of Georgia, to be Ambassador of Washington, D.C.; and Susan Donofrio, Deutsch to the Federal Democratic Republic of Ethiopia. Bank Securities Inc., New York, New York. Charles E. Erdmann, of Colorado, to be a Judge of the United States Court of Appeals for the Armed POWER PLANT EMISSIONS Forces for the term of fifteen years to expire on the Committee on Environment and Public Works: Com- date prescribed by law. Page S9860 mittee concluded hearings to examine the status and Nominations Received: Senate received the fol- studies of the health impacts of fine particles which lowing nominations: Mark B. McClellan, of the Dis- result from fuel combustion from motor vehicles, trict of Columbia, to be Commissioner of Food and power generation, and industrial facilities, as well as Drugs, Department of Health and Human Services. from residential fireplaces and wood stoves, known as Page S9860 PM–2.5, focusing on those effects associated with power plant emissions, after receiving testimony Messages From the House: Page S9844 from Jonathan M. Samet, Johns Hopkins University Measures Referred: Pages S9844–45 Bloomberg School of Public Health, Baltimore, Measures Placed on Calendar: Pages S9779, S9845 Maryland; Robert M. O’Keefe, Health Effects Insti- tute, Boston, Massaschusetts; Ronald E. Wyzga, Measures Read First Time: Pages S9804, S9845 Electric Power Research Institute, Palo Alto, Cali- Executive Communications: Page S9845 fornia; Ben Rose, Green Mountain Club, Inc., Wa- Petitions and Memorials: Page S9845 terbury Center, Vermont; and Jonathan Levy, Har- vard University School of Public Health, Boston, Executive Reports of Committees: Page S9845 Massachusetts. Additional Cosponsors: Pages S9846–47 STOPPING CHILD PORNOGRAPHY Statements on Introduced Bills/Resolutions: Pages S9847–56 Committee on the Judiciary: Committee held hearings on S. 2520, to amend title 18, United States Code, Additional Statements: Pages S9841–44 with respect to the sexual exploitation of children, S. Amendments Submitted: Page S9856 2511/H.R. 4623, to prevent trafficking in child por- Notices of Hearings/Meetings: Page S9856 nography and obscenity, to proscribe pandering and solicitation relating to visual depictions of minors Authority for Committees to Meet: Pages S9856–57 engaging in sexually explicit conduct, and to prevent Privilege of the Floor: Page S9857 the use of child pornography and obscenity to facili- Adjournment: Senate met at 9:30 a.m., adjourned tate crimes against children, and related provisions of at 6:45 p.m., until 10 a.m., on Thursday, October the Supreme Court’s ‘‘Free Speech’’ decision which 3, 2002. (For Senate’s program, see the remarks of struck down portions of the 1996 Child Pornog- the Acting Majority Leader in today’s Record on raphy Protection Act for violating the First Amend- page S9860). ment, receiving testimony from Senator Carnahan; Representative Pomeroy; Daniel P. Collins, Associate Committee Meetings Deputy Attorney General/Chief Privacy Officer, De- partment of Justice; Frederick Schauer, Harvard Uni- (Committees not listed did not meet) versity Kennedy School of Government, Cambridge, Massachusetts; Anne M. Coughlin, University of Vir- AIRLINE VIABILITY ginia School of Law, Charlottesville; and Daniel S. Committee on Commerce, Science, and Transportation: Armagh, National Center for Missing and Exploited Committee concluded hearings to examine airlines Children, Alexandria, Virginia. viability in the current economic climate, and the fi- Hearings recessed subject to call. nancial condition of commercial aviation, industry responses and the affect of competition, after receiv- INTELLIGENCE ing testimony from JayEtta Hecker, Director, Phys- Select Committee on Intelligence: Committee held closed ical Infrastructure Issues, General Accounting Office; hearings on intelligence matters, receiving testimony Leo Mullin, Delta Air Lines, and Edward Wytkind, from officials of the intelligence community. Transportation Trades Department (AFL–CIO), both Hearings recessed subject to call. October 2, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1023 House of Representatives Roll No. 428). The concurrent resolution was de- Chamber Action bated on Oct. 1. Pages H6930–31 Measures Introduced: 21 public bills, H.R. 5520, Suspension Failed—Houses of Worship Political 5522–5541; and 7 resolutions, H.J. Res. 113–115; Speech Protection Act: The House failed to sus- H. Con. Res. 495–497, and H. Res. 569, were intro- pend the rules and pass H.R. 2357, to amend the duced. Pages H6982–83 Internal Revenue Code of 1986 to permit churches Reports Filed: Reports were filed today as follows: and other houses of worship to engage in political H.R. 1946, to require the Secretary of the Interior campaigns (failed to agree to by a 2⁄3 yea-and-nay to construct the Rocky Boy’s/North Central Montana vote of 178 yeas to 239 nays, Roll No. 429). Regional Water System in the State of Montana, to Pages H6931–32 offer to enter into an agreement with the Chippewa Recess: The House recessed at 1:37 p.m. and recon- Cree Tribe to plan, design, construct, operate, main- vened at 2:06 p.m. Page H6951 tain and replace the Rocky Boy’s Rural Water Sys- tem, and to provide assistance to the North Central Marriage Tax Relief: The House agreed to H. Res. Montana Regional Water Authority for the plan- 543, expressing the sense of the House that Congress should complete action on H.R. 4019, making mar- ning, design, and construction of the noncore system riage tax relief permanent by a yea-and-nay vote of (H. Rept. 107–715); 285 yeas to 130 nays, Roll No. 430. H. Res. 547, H.R. 5521, making appropriations for the govern- the rule that provided for consideration of the reso- ment of the District of Columbia and other activities lution was agreed to on Sept. 25. chargeable in whole or in part against the revenues Pages H6933–41, H6951–52 of said District for the fiscal year ending September 30, 2003 (H. Rept. 107–716); Vacancies in the House of Representatives in the H.R. 5428, to provide for the conservation and Event of a Catastrophe: The House agreed to H. development of water and related resources, to au- Res. 559, expressing the sense of the House of Rep- thorize the Secretary of the Army to construct var- resentatives that each State should examine its exist- ious projects for improvements to rivers and harbors ing statutes, practices, and procedures governing spe- of the United States, amended (H. Rept. 107–717); cial elections so that, in the event of a catastrophe, and vacancies in the House of Representatives may be H. Res. 568, providing for consideration of H.J. filled in a timely fashion by a yea-and-nay vote of Res. 112, making further continuing appropriations 414 yeas with none voting ‘‘nay,’’ Roll No. 431. The for the fiscal year 2003 (H. Rept. 107–718). resolution was considered pursuant to the order of the House of Sept. 26. Pages H6941–48, H6952–53 Pages H6981–82 Motion to Instruct Conferees—Help America Speaker Pro Tempore: Read a letter from the Vote Act: Agreed to the Meek of Florida motion to Speaker wherein he appointed Representative Fosella instruct conferees on H.R. 3295, Help America Vote to act as Speaker pro tempore for today. Page H6929 Act, to take actions as may be appropriate to con- Guest Chaplain: The prayer was offered by the vene a public meeting of the managers on the part guest Chaplain, Rabbi Gerald M. Kane, Temple of the House and Senate and to ensure that a con- Beth El of Las Cruces, New Mexico. Page H6929 ference report is filed prior to October 4, 2002 by Journal: Agreed to the Speaker’s approval of the a yea-and-nay vote of 400 yeas to 14 nays, Roll No. Journal of Tuesday, Oct. 1 by a yea-and-nay vote of 432. Pages H6948–51, H6953 343 yeas to 55 nays with 1 voting ‘‘present,’’ Roll Representative Visclosky Question of Privilege: No. 417. Page H6930 The Chair ruled that the resolution offered by Rep- Suspension—Day of Tribute to all Firefighters: resentatives Visclosky did not constitute a question The House agreed to suspend the rules and pass H. of the privileges of the House. Agreed to table the Con. Res. 476, expressing support for the goals and motion to appeal the ruling of the Chair by a yea- ideas of a day of tribute to all firefighters who have and-nay vote of 210 yeas to 200 nays, Roll No. 433. died in the line of duty and recognizing the impor- Pages H6954–55 tant mission of the National Fallen Firefighters Representative Brown of Ohio Question of Privi- Foundation in assisting family members to overcome lege: The Chair ruled that the resolution offered by the loss of their fallen heroes (agreed to by a 2⁄3 yea- Representatives Brown of Ohio did not constitute a and-nay vote of 407 yeas with none voting ‘‘nay’’, question of the privileges of the House. Agreed to D1024 CONGRESSIONAL RECORD — DAILY DIGEST October 2, 2002 table the motion to appeal the ruling of the Chair grams; Jill T. Stevenson, Deputy Director, Fisheries by a yea-and-nay vote of 212 yeas to 204 nays, Roll Service, Department of Natural Resources, State of No. 434. Pages H6955–57 Maryland; Connie Riherd, Division of Plant Indus- Representative Holden Question of Privilege: try, Department of Agriculture and Consumer Serv- The Chair ruled that the resolution offered by Rep- ices, State of Florida; and public witnesses. resentatives Holden did not constitute a question of U.S. POLICY TOWARDS IRAQ the privileges of the House. Agreed to table the mo- tion to appeal the ruling of the Chair by a yea-and- Committee on Armed Services: Continued hearings on nay vote of 214 yeas to 202 nays, Roll No. 435. U.S. Policy towards Iraq. Testimony was heard from Eliot A. Cohen, Professor and Director, Strategic Pages H6958–59 Studies, School of Advanced International Studies, Representative Obey Question of Privilege: The John Hopkins University; and Michael E. O’Hanlon, Chair ruled that the resolution offered by Represent- Senior Fellow, The Brookings Institution. atives Obey did not constitute a question of the privileges of the House. Agreed to table the motion RECOGNIZING THE CONTRIBUTIONS OF to appeal the ruling of the Chair by a yea-and-nay PATSY T. MINK vote of 212 yeas to 202 nays, Roll No. 436, Committee on Education and the Workforce: Ordered re- Pages H6959–61 ported H. J. Res. 113, recognizing the contributions Questions of Privilege: Representative Farr an- of Patsy T. Mink. nounced his intention to offer a privileged resolution MEDICAL DEVICE AMENDMENTS; CHILD expressing the sense of the House that Congress SAFETY ENHANCEMENT ACT should completed action on H.R. 854, Medicaid Safety Net Hospital Continued Preservation Act, or Committee on Energy and Commerce: Ordered reported, other provider reimbursement legislation before as amended, the following bills: H.R. 3580, Medical recessing. Representative Carson announced her in- Device Amendments of 2001; H.R. 5504, Child tention to offer a privileged resolution expressing the Safety Enhancement Act of 2002. sense of the House that Congress should complete SAUDI ARABIA: AMERICANS KIDNAPPED action on the FY 2003 Transportation Appropria- Committee on Government Reform: Held a hearing on tions with its allocation of $1.2 billion for Amtrak. ‘‘Americans Kidnapped to Saudi Arabia: Is the Saudi Page H6961 Government Responsible?’’ Testimony was heard Amendments: Amendments ordered printed pursu- from public witnesses. ant to rule appear or pages H6961–62. Hearings continue tomorrow. Quorum Calls—Votes: Ten yea-and-nay votes de- RESOLUTION—AUTHORIZING USE OF U.S. veloped during the proceedings of the House today ARMED FORCES AGAINST IRAQ and appear on pages H6930, H6930–31, H6931–32, H6952, H6952–53, H6953, H6955, Committee on International Relations: Began consider- H6957, H6959 and H6960–61. There were no ation of H.J. Res. 114, to authorize the use of quorum calls. United States Armed Forces against Iraq. Will continue tomorrow. Adjournment: The House met at 10 a.m. and ad- journed at 8:21 p.m. CHILD ABDUCTION PREVENTION ACT; PROTECTION OF LAWFUL COMMERCE IN Committee Meetings ARMS ACTS; PRIVATE RELIEF BILL Committee on the Judiciary: Ordered reported, as INVASIVE SPECIES amended, the following bills: H.R. 5422, Child Ab- Committee on Agriculture: Subcommittee on Depart- duction Prevention Act; and H.R. 2037, Protection ment Operations, Oversight, Nutrition and Forestry of Lawful Commerce in Arms Acts. held a hearing on Invasive Species. Testimony was The Committee also approved a private relief bill. heard from Scott Miller, Chairman, Department of Systematic Biology, National Museum of Natural PLEDGE OF ALLEGIANCE—REAFFIRMING History, Smithsonian Institution; James Tate, ONE NATION UNDER GOD Science Advisor to the Secretary, Department of the Committee on Rules: Testimony was heard from Chair- Interior; the following officials of the USDA: Dave man Sensenbrenner and Representative Nadler, but Tenny, Deputy Under Secretary, Natural Resources action was deferred on S. 2690, to reaffirm the ref- and Environment; and James G. Butler, Deputy erence to one Nation under God in the Pledge of Under Secretary, Marketing and Regulatory Pro- Allegiance. October 2, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1025 FURTHER CONTINUING APPROPRIATIONS a hearing on CIA Compensation Reform. Testimony FOR FISCAL YEAR 2003 was heard from departmental witnesses. Committee on Rules: Committee granted, by voice vote, a closed rule providing 1 hour of debate on COUNTERTERRORISM EFFORTS— H.J. Res. 112, making further continuing appropria- EUROPEAN ALLIES’ COOPERATION tions for the fiscal year 2003, in the House equally Permanent Select Committee on Intelligence: Sub- divided and controlled by the chairman and ranking committee on Intelligence Policy and National Secu- minority member of the Committee on Appropria- rity met in executive session to hold a hearing on tions. The rule waives all points of order against European Allies’ Cooperation in the consideration of the joint resolution. Finally, the rule Counterterrorism Efforts. Testimony was heard from provides one motion to recommit. Testimony was departmental witnesses. heard from Chairman Young and Representative Obey. FIRE SERVICES—MEETING NEEDS Joint Meetings Committee on Science: Held a hearing on Meeting the SECURING AMERICA’S FUTURE ENERGY Needs of the Fire Services: H.R. 3992, to establish ACT the SAFER Firefighter Grant Program and H.R. 4548, to amend the Federal Fire Prevention and Conferees met to resolve the differences between the Control Act of 1974 with respect to firefighter as- Senate and House passed versions of H.R. 4, to en- sistance. Testimony was heard from public witnesses. hance energy conservation, research and development and to provide for security and diversity in the en- PROVIDE FINANCIAL RELIEF—AIRLINE ergy supply for the American people, but did not INDUSTRY—REFORM FAA complete action thereon will continue on tomorrow. Committee on Transportation and Infrastructure: Sub- committee on Aviation approved for full Committee f action, as amended, H.R. 5506, Aviation Industry NEW PUBLIC LAWS Stabilization and Reform Act of 2002. (For last listing of Public Laws, see DAILY DIGEST October 1, WOMEN VETERANS—VA’S CURRENT 2002, p. D1017) PROGRAMS H.R. 3880, to provide a temporary waiver from Committee on Veterans’ Affairs: Subcommittee on certain transportation conformity requirements and Health held a hearing on VA’s current programs for metropolitan transportation planning requirements women veterans. Testimony was heard from Rep- under the Clean Air Act and under other laws for resentative Wilson; the following officials of the De- certain areas in New York where the planning offices partment of Veterans Affairs: Robert H. Roswell, and resources have been destroyed by acts of ter- Under Secretary, Health; Irene Trowell-Harris, Di- rorism. Signed on October 1, 2002. (Public Law rector, Center for Women Veterans; Marsha L. Four, 107–230) R.N., Chair, Advisory Committee on Women Vet- H.R. 4687, to provide for the establishment of in- erans; Carole Turner, Director, Women Veterans vestigative teams to assess building performance and Health Programs, Veterans Health Administration; emergency response and evacuation procedures in the Toni Lawrie, Coordinator, Women Veterans Clinic, wake of any building failure that has resulted in VA Medical Center, Bay Pines, Florida; and Mar- substantial loss of life or that posed significant po- garet Seaver, M.D., Director, Women’s Veterans tential of substantial loss of life. Signed on October Health Care Program, VA Boston Health Care Sys- 1, 2002. (Public Law 107–231) tem; and public witnesses. H.R. 5157, to amend section 5307 of title 49, BRIEFING—GLOBAL HOT SPOTS United States Code, to allow transit systems in ur- Permanent Select Committee on Intelligence: Met in execu- banized areas that, for the first time, exceeded tive session to receive a briefing on Global Hot 200,000 in population according to the 2000 census Spots. The Committee was briefed by departmental to retain flexibility in the use of Federal transit for- witnesses. mula grants in fiscal year 2003. Signed on October 1, 2002. (Public Law 107–232) CIA COMPENSATION REFORM S. 2810, to amend the Communications Satellite Permanent Select Committee on Intelligence: Sub- Act of 1962 to extend the deadline for the committee on Human Intelligence, Analysis and INTELSAT initial public offering. Signed on Octo- Counterintelligence met in executive session to hold ber 1, 2002. (Public Law 107–233) D1026 CONGRESSIONAL RECORD — DAILY DIGEST October 2, 2002 NEW PRIVATE LAWS Full Committee, to hold hearings to examine the nominations of Maura Ann Harty, of Florida, to be As- (For last listing of Private Laws, see DAILY DIGEST July 18, 2001, p. D729) sistant Secretary of State for Consular Affairs; Kim R. Holmes, of Maryland, to be Assistant Secretary of State S. 1834, for the relief of retired Sergeant First for International Organization Affairs; Francis X. Taylor, Class James D. Benoit and Wan Sook Benoit. Signed of Maryland, to be Assistant Secretary of State for Diplo- October 1, 2002. (Private Law 107–2) matic Security, and Director for the Office of Foreign f Missions, with the rank of Ambassador; and Ellen R. Sauerbrey, of Maryland, for the rank of Ambassador on COMMITTEE MEETINGS FOR THURSDAY, the Commission on the Status of Women of the Eco- OCTOBER 3, 2002 nomic and Social Council of the United Nations, 10:30 (Committee meetings are open unless otherwise indicated) a.m., SD–419. Select Committee on Intelligence: to resume joint hearings Senate with the House Permanent Select Committee on Intel- Committee on Agriculture, Nutrition, and Forestry: to hold ligence to examine events surrounding September 11, hearings to examine the nomination of Nancy C. Pellett, 2001, 10 a.m., SH–216. of Iowa, to be a Member of the Farm Credit Administra- Committee on Rules and Administration: to hold hearings tion Board, Farm Credit Administration, 11 a.m., to examine the nomination of Bruce R. James, of Nevada, SR–328A. to be Public Printer, Government Printing Office, 9 a.m., Committee on Banking, Housing, and Urban Affairs: to SR–301. hold oversight hearings to examine the Administration’s House national money laundering strategy for 2002, 9:30 a.m., SD–538. Committee on Education and the Workforce, hearing on Full Committee, to hold hearings to examine the ‘‘The Rising Price of a Quality Postsecondary Education: nominations of Armando J. Bucelo, Jr., of Florida, to be Fact or Fiction,’’ 9:30 a.m., 2175 Rayburn. a Director of the Securities Investor Protection Corpora- Committee on Financial Services, hearing entitled ‘‘Re- tion; Alberto Faustino Trevino, of California, to be an As- forming the Real Estate Settlement Procedure: Review of sistant Secretary of Housing and Urban Development; HUD’s proposed RESPA Rule,’’ 10 a.m., 2128 Rayburn. Diana E. Furchtgott-Roth, of Maryland, to be a Director Committee on Government Reform, to continue hearings on of the Federal Housing Finance Board; Carolyn Y. Peo- ‘‘Americans Kidnapped to Saudi Arabia: Is the Saudi ples, of Maryland, to be an Assistant Secretary of Housing Government Responsible?’’ 10 a.m., 2154 Rayburn. and Urban Development; Deborah Doyle McWhinney, of Subcommittee on Criminal Justice, Drug Policy and California, to be a Director of the Securities Investor Pro- Human Resources, hearing on ‘‘Responding to West Nile tection Corporation; John M. Reich, of Virginia, to be Virus: Public Health Implications and Federal Response,’’ Vice Chairperson of the Board of Directors of the Federal 2 p.m., 2154 Rayburn. Deposit Insurance Corporation; and Rafael Cuellar, of Subcommittee on Government Efficiency, Financial New Jersey, and Michael Scott, of North Carolina, each Management, and Intergovernmental Relations, hearing to be a Member of the Board of Directors of the National on ‘‘Disappearing Tax Dollars: What Changes Are Need- Consumer Cooperative Bank, 2:30 p.m., SD–538. ed?’’ 2 p.m., 2247 Rayburn. Committee on Commerce, Science, and Transportation: to Committee on International Relations, to continue consid- hold oversight hearings to examine park overflight regu- eration of H.J. Res. 114, to authorize the use of United lations, 9:30 a.m., SR–253. States Armed Forces against Iraq, time to be announced, Subcommittee on Science, Technology, and Space, to 2172 Rayburn. hold hearings to examine Title IX, the equal treatment Committee on Resources, to mark up the following: H.R. of women in education focusing on the sciences, 2:30 2202, Lower Yellowstone Reclamation Projects Convey- p.m., SR–253. ance Act; H.R. 4601, to provide for the conveyance of a Committee on Energy and Natural Resources: business small parcel of Bureau of Land Management land in meeting to consider pending calendar business, 9:30 a.m., Douglas County, Oregon, to the county to improve man- SD–366. agement of and recreational access to the Oregon Dunes Committee on Finance: to hold hearings to examine the National Recreation Area; H.R. 4912, to increase the final report produced by the President’s Commission to penalties to be imposed for a violation of fire regulations Strengthen Social Security, 10 a.m., SD–215. applicable to the public lands, National Park System Committee on Foreign Relations: to hold hearings to exam- lands, or National Forest System lands when the violation ine the nominations of Richard Allan Roth, of Michigan, results in damage to public or private property, to specify to be Ambassador to the Republic of Senegal, and to the purpose for which collected fines may be used; H.R. serve concurrently and without additional compensation 5319, Healthy Forests Reform Act of 2002; H.R. 5399, as Ambassador to the Republic of Guinea-Bissau; Joseph Carpinteria and Montecito Water Distribution Systems Huggins, of the District of Columbia, to be Ambassador Conveyance Act of 2002; H.R. 5460, Reclamation Recre- to the Republic of Botswana; and Robin Renee Sanders, ation Management Act of 2002; and the Comprehensive of New York, to be Ambassador to the Republic of Natural Resources Protection Act, 12 p.m., 1324 Long- Congo, 9 a.m., SD–419. worth. October 2, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1027 Subcommittee on Fisheries Conservation, Wildlife and Joint Meetings Oceans, hearing on the Coastal America program, and on the transfer of certain NOAA property to the Board of Conference: meeting of conferees on H.R. 4, to enhance Trustees of the California State University, 10 a.m., 1334 energy conservation, research and development and to Longworth. provide for security and diversity in the energy supply for Committee on Science, Subcommittee on Space and Aero- the American people, time to be announced, 2123 Ray- nautics, hearing on the Threat of Near-Earth Asteroids, burn Building. 10 a.m., 2318 Rayburn. Joint Meetings: Senate Select Committee on Intelligence, Committee on Small Business, hearing entitled ‘‘CMS to resume joint hearings with the House Permanent Se- Regulation of Healthcare Services,’’ 2 p.m., 2360 Ray- lect Committee on Intelligence to examine events sur- burn. rounding September 11, 2001, 10 a.m., SH–216. Committee on Ways and Means, Subcommittee on Health, hearing on Medicare Payments for Currently Covered Pre- scription Drugs, 10 a.m., 1100 Longworth. D1028 CONGRESSIONAL RECORD — DAILY DIGEST October 2, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, October 3 10 a.m., Thursday, October 3

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.J. Res. 112, morning business (not to extend beyond 11:30 a.m.), Sen- Further Continued Appropriations (closed rule, one hour ate will resume consideration of the conference report on of general debate). H.R. 2215, 21st Century Department of Justice Appro- priations Authorization Act, with a vote to occur on the motion to close further debate on the conference report. Also, upon disposition of the conference report on H.R. 2215 (listed above), Senate expects to resume con- sideration of the motion to proceed to consideration of S.J. Res. 45, to authorize the use of United States Armed Forces against Iraq, with a vote to occur on the motion to close further debate on the resolution.

Extensions of Remarks, as inserted in this issue

HOUSE Hinchey, Maurice D., N.Y., E1713, E1715 Pitts, Joseph R., Pa., E1716 Horn, Stephen, Calif., E1727 Radanovich, George, Calif., E1715 Bachus, Spencer, Ala., E1715 Houghton, Amo, N.Y., E1722 Rahall, Nick J., II, W.Va., E1717 Blunt, Roy, Mo., E1725 Israel, Steve, N.Y., E1714, E1724, E1727 Regula, Ralph, Ohio, E1713 Boozman, John, Ark., E1719 Jones, Stephanie Tubbs, Ohio, E1719 Rohrabacher, Dana, Calif., E1729 Burr, Richard, N.C., E1726 Knollenberg, Joe, Mich., E1724 Capuano, Michael E., Mass., E1720 Lantos, Tom, Calif., E1717 Schakowsky, Janice D., Ill., E1724, E1726, E1727 Clyburn, James E., S.C., E1720 McInnis, Scott, Colo., E1730 Schiff, Adam B., Calif., E1717 Cramer, Robert E. (Bud), Jr., Ala., E1713, E1715 Maloney, Carolyn B., N.Y., E1727 Stark, Fortney Pete, Calif., E1718, E1719 Dunn, Jennifer, Wash., E1726 Moran, James P., Va., E1716 Tauscher, Ellen O., Calif., E1718 Engel, Eliot L., N.Y., E1720 Neal, Richard E., Mass., E1718 Toomey, Patrick J., Pa., E1716 Eshoo, Anna G., Calif., E1718 Ney, Robert W., Ohio, E1713, E1715, E1716, E1718 Underwood, Robert A., Guam, E1714 Gillmor, Paul E., Ohio, E1727 Ortiz, Solomon P., Tex., E1721, E1727 Watson, Diane E., Calif., E1729 Goodlatte, Bob, Va., E1719 Otter, C.L. ‘‘Butch’’, Idaho, E1715, E1725 Weldon, Curt, Pa., E1716 Hastert, J. Dennis, Ill., E1713 Paul, Ron, Tex., E1724 Wexler, Robert, Fla., E1728 Hefley, Joel, Colo., E1725 Phelps, David D., Ill., E1721

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